Sec. 60-5. Off-street parking facilities—Location.

   Such off-street parking facilities may be provided on land or in garages or other spaces in or on the roofs of buildings and all such space shall be included in computing the area requirements prescribed by section 60-4. (Mont. Co. Code 1965, § 44-5; 2016 L.M.C., ch. 8, § 1.)

Sec. 60-6. Off-street parking facilities—Exemption or reduction from tax where provided.

   (a)   Tax exemption. Real property and tangible personal property may be exempt from the taxes levied under Section 60-3 if the owner or lessee of real property or tangible personal property in a parking lot district:

      (1)   provides off-street parking facilities that comply with all the requirements of Division 6.2 of Chapter 59; and

      (2)   files an application under Section 60-14.

   (b)   Tax reduction. If the owner or lessee of real property or tangible personal property in a parking lot district complies with all of the requirements of subsection (c) of this section, the taxes levied on the real property and tangible personal property under section 60-3 of this Chapter must be reduced as follows:

      (1)   For general retail, a 60 percent reduction.

      (2)   For a hotel, motel, or inn, a 75 percent reduction.

      (3)   For a restaurant or similar place dispensing food, drink, or refreshments, a 50 percent reduction.

      (4)   For a recreational commercial establishment, other than a theater, auditorium, or stadium, a 40 percent reduction.

      (5)   For an indoor or legitimate theater, a 40 percent reduction.

      (6)   For a multiple-family dwelling, a 60 percent reduction.

      (7)   For a mixed use, a 50 percent reduction.

   (c)   To be eligible for a reduction under subsection (b) of this Section:

      (1)   The owner or lessee must comply with the provisions of this Chapter that are required for an exemption from the tax;

      (2)   The owner or lessee must provide off-street parking facilities that comply with all of the requirements of Division 6.2 of Chapter 59, except for the schedule of required parking spaces;

      (3)   A pedestrian entrance to the establishment that is the subject of the application for a reduction under this section must be located within 500 feet of the pedestrian entrance to an off-street public parking facility that is owned by Montgomery County under provisions of this Chapter;

      (4)   The land-use categories under paragraph (5)(A) through (E) of this subsection must restrict the use of the provided parking spaces to ensure that adequate parking is available for patrons and employees of the respective land-use activity during weekday daytime hours. This provision also applies to mixed-use developments where these restricted spaces must be located in the most convenient and visible area of the parking facility nearest to the establishment being served; and

      (5)   The following schedule of off-street parking spaces, as a percentage of the minimum “Parking Requirements” under Section 6.2.4 of Chapter 59, must be provided:

         (A)   For general retail, at least 60 percent.

         (B)   For a hotel, motel, or inn, at least 75 percent.

         (C)   For a restaurant or similar place dispensing food, drink, or refreshments, at least 50 percent.

         (D)   For a recreational commercial establishment, other than a theater, auditorium, or stadium, at least 40 percent.

         (E)   For an indoor or legitimate theater, at least 40 percent.

         (F)   For a multiple-family dwelling, at least 60 percent.

         (G)   For all other individual uses, 100 percent.

         (H)   For a mixed use where any land or building is used for two or more purposes, the total number of parking spaces required shall be the sum of the separate requirements for the individual land use categories in subparagraphs (A) through (G) of this paragraph. (Mont. Co. Code 1965, § 44-6; 1970 L.M.C., ch. 27, § 2; 1975 L.M.C., ch. 32, § 1; 1985 L.M.C., ch. 10, § 1; 2016 L.M.C., ch. 8, § 1; 2017 L.M.C., ch. 20, §1.)

   Editor's note-Section 2 of 1985 L.M.C., ch. 10, provided that the taxes provided in subsections (b) and (c) of this section should begin in the 1985-86 fiscal year.

Sec. 60-7. Off-street parking facilities—Location of with reference to establishment served by.

   (a)   To qualify for exemption from the taxes prescribed in section 60-3, off-street parking facilities shall be located so that the major point of pedestrian access to the facilities is within five hundred (500) feet walking distance of the entrance to the establishment to be served by such facilities, provided that if the off-street parking facilities are located at a greater distance, only the land upon which the off-street parking facilities are located shall be entitled to exemption.

   (b)   To qualify for exemption and continue to be qualified, no off-street parking facilities shall be encroached upon by buildings or storage or devoted to any use which interferes with their unrestricted use as off-street parking spaces. (Mont. Co. Code 1965, § 44-8; 2016 L.M.C., ch. 8, § 1.)

Sec. 60-8. Off-street parking facilities—Availability to public or customers required for exemption.

   The exemption granted in section 60-6 shall be allowed only if the off-street parking spaces provided are made available for general public use, or for the use of the customers of the establishment for which exemption is claimed. (Mont. Co. Code 1965, § 44-9; 1985 L.M.C., ch. 28, § 1; 2016 L.M.C., ch. 8, § 1.)