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Montgomery County Zoning Ordinance (2004)

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   59-G-4.32. Termination of multi-family dwellings.
Any building or structure located in a single family residential zone which, subsequent to December 31, 1953, has been used or converted to use as a multi-family dwelling and any building or structure, located in a single family residential zone, which at any time prior to January 1, 1954, has been used or converted to use as a multi-family dwelling must register and meet the requirements provided for registration as a noncomplying use in section 59-G-4.34 no later than September 1, 1979.  If not registered, the noncomplying use must be discontinued and the number of dwelling units within the building or structure must be reduced to the number permitted in the zone in which the building or structure is located.
   59-G-4.33. Temporary continuation of multi-family uses.
As of March 23, 1978, any building or structure converted to multi-family use in a single family residential zone may be continued until September 1, 1979.
   59-G-4.34. Continuation of noncomplying multi-family dwellings existing before January 1, 1954.
Any building or structure located in a single family residential zone which has been converted and used continuously as a multi-family dwelling from before January 1, 1954, to March 23, 1978, may continue the use for a period not to exceed 10 years even though the buildings, structures or uses do not comply with the regulations applicable to the zone in which the building, structure or use is located, subject to this section. Buildings or structures located in a single family residential zone which were originally constructed as multi-family dwellings are exempt from the 10-year phase-out if they meet all other requirements of this section.
   (a)   All noncomplying multi-family dwellings in existence before January 1, 1954, and converted and used continuously from before January 1, 1954, to March 23, 1978, must be registered with the Department in accordance with the following procedure:
      (1)   Applications for registration must be filed on forms provided by the Department;
      (2)   Each application for registration must be accompanied by notarized affidavits or such other evidence as may be appropriate to establish that the multi-family dwelling use existed prior to January 1, 1954, and has existed continuously since then;
      (3)   Each application for registration must be accompanied by evidence of a use-and-occupancy certificate and a rental facility license, if required;
      (4)   Each application for registration must be accompanied by a registration fee.
   (b)   The Department must publish, in a newspaper of local distribution, notice of all applications for registrations and must allow 30 days after publication for the filing of comments by the public, other agencies, municipalities and concerned parties. The Director may hold a public hearing on any application for registration for which objections are received.
   (c)   The Director must make an inspection of each property for which an application for registration has been submitted and each such property must be brought into compliance with all applicable codes and regulations of both the County and municipal jurisdictions within 180 days after notification of violation or deficiencies.
   (d)   The Director must deny any application or revoke or suspend any registration upon failure to comply with the provisions of this section or upon conversion to other use. Any decision of the Director hereunder may be appealed to the Board of Appeals.
   (e)   Structural alterations of a building or structure which do not conform to the provisions of the zoning district in which it is located may be made only if the building is being altered to conform to the provisions of this section or to conform with other applicable codes or regulations.
   (f)   No registered noncomplying multi-family dwelling is allowed to be extended, expanded or increased in intensity of use in any way.
   (g)   No registered noncomplying multi-family dwelling which has been changed in whole or in part to a less intensive use is allowed to revert to a more intensive use, except that the owner of noncomplying multi-family dwelling that was originally constructed as a multi-family dwelling may temporarily reduce the number of units, provided that the reason for the temporary reduction is to provide a larger unit for the property owner's own use.  No noncomplying use, once abandoned, is allowed to be re-established. For the purpose of this section, "abandoned" is defined as the cessation of use as a multi-family dwelling for a period of 6 months or more.
   (h)   In the event of destruction or serious damage by fire, flood or similar cause, no registered noncomplying multi-family dwelling is allowed to be reconstructed for the purpose of carrying on the noncomplying use. "Serious damage" shall be defined as damage which reduces the market value of any structure by more than one-half.
   (i)   Each registered multi-family dwelling must be maintained in good condition and in compliance with all applicable federal, state, County and municipal laws and regulations. The Director must establish a regular schedule of inspections to be made of each registered multi-family dwelling, said inspection to coincide with the biennial rental facility licensing inspection, where applicable.
   (j)   The County Executive, by written regulation, must establish administrative procedures, exterior maintenance standards necessary to protect the public health, safety and welfare, off-street parking requirements, registration fees in an amount sufficient to pay the costs to the County to administer this section, and an inspection schedule applicable to buildings, structures and lands registered under this section. The County Executive, by written regulation, may establish an administrative procedure to allow the City of Takoma Park to administer the registration procedure for properties located in the City if the City adopts the procedures in subsection 59-G-4.34. The regulation must allow the Director to vary the specific requirements for off-street parking upon a finding that the strict imposition of those requirements would be physically impossible for a noncomplying multi-family dwelling use to achieve due to lot/house configuration or other extenuating circumstances.
   59-G-4.35.    Special provisions for properties in the City of Takoma Park annexed into Montgomery County on July 1, 1997.
   Any building or structure located in a single-family residential zone which has been converted and used continuously as a multi-family dwelling and has a valid use-and-occupancy permit as of January 1, 2001 may continue, provided that the use is registered with the Department of Permitting Services.  A registered multi-family use is subject to the provisions of subparagraphs (b), (c), (d), (e), (f), (g), (i), and (j) of section 59-G-4.34.  Any such multi-family use which does not register becomes noncomplying and must terminate the noncomplying use by July 1, 2001.
   In the event of destruction or serious damage by fire, flood or similar cause, a registered multi-family dwelling is allowed to be reconstructed for the purpose of continuing the multi-family use.  However, the use cannot be expanded beyond what is in existence at the time the use is registered.  If reconstruction or repair brings the use into compliance with the provisions of the zone in which the use is located, the multi-family use cannot be reestablished.
(Legislative History: Ord. No. 8-66, § 2; Ord. No. 9-12, § 2; Ord. No. 12-1, § 1; Ord. No. 13-35, § 1; Ord. No. 13-112, § 1; Ord. No. 14-31, § 1; Ord. No. 14-36, § 1; Ord. No. 14-47, § 1; Ord. No. 14-49, § 1; Ord. No. 15-13, § 1.)
   Editor's note-Section 59-G-4.3 [Ord. 8-66] is applied in Lone v. Montgomery County, 85 Md.App. 477, 584 A.2d 1218 (1985).
Sec. 59-G-4.4. Termination of junkyard, including automobile recycling facility.
In order to provide for a period of amortization, any building, structure or lot classified in a commercial or one-family residential zone used for the abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles not in running condition, and the associated sale of automobile parts and automobiles not in running condition, may be continued for a period of three (3) years from March 3, 1997. At the end of the three (3) year amortization period any nonconforming use of the property must cease within 30 days. Following termination of a nonconforming junkyard or automobile recycling facility, if redevelopment of the property with permitted or special exception uses is subject to local area review requirements under the Adequate Public Facilities Ordinance and its guidelines, the trip generation calculations for those uses will include a credit for the trip generation of the terminated nonconforming junkyard or automobile recycling facility.
(Legislative History: Ord. No. 13-48, § 1.)
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