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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Part III. Special Taxing Area Laws. [Note]
Chapter 60. Silver Spring, Bethesda, Wheaton and Montgomery Hills Parking Lot Districts. [Note]
Chapter 61. Battery Park.
Chapter 62. SILVER SPRING BUSINESS IMPROVEMENT DISTRICT.*
Chapter 63. Reserved.*
Chapter 64. Reserved.*
Chapter 65. Drummond. [Note]
Chapter 66. "Village of Friendship Heights." [Note]
Chapter 67. Reserved.*
Chapter 68. Montgomery County Suburban District.
Chapter 68A. Montgomery County Urban Districts.
Chapter 68B. Noise Abatement Tax Districts.
Chapter 68C. WHITE FLINT SPECIAL TAXING DISTRICT.
Chapter 69. Reserved.*
Chapter 70. Oakmont.*
Chapters 71-86. Reserved.*
Chapter 87. Washington Suburban Transit District. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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Sec. 60-11. Off-street parking facilities—Lease to Montgomery County Revenue Authority.
   The county is hereby authorized and empowered to lease any or all off-street parking facilities now owned and operated by Montgomery County unto the Montgomery County Revenue Authority for the management, control, regulation, operation and maintenance of said off-street parking facilities by the Montgomery County Revenue Authority under such terms and conditions and for such period of time as may be agreed to by the county and the Montgomery County Revenue Authority; provided, that the terms of such transfer shall provide that all parking meter fees collected by the authority shall be paid to the county to be applied as directed by section 60-16. (Mont. Co. Code 1965, § 44-12; 1969 L.M.C., ch. 44, § 1; 2016 L.M.C., ch. 8, § 1.)
Sec. 60-12. Administration and enforcement generally.
   (a)   Subject to the terms and conditions of this Chapter, the Department of Transportation administers and enforces this Chapter. The Department must operate and maintain off-street parking facilities acquired and constructed by the County under this Chapter or leased to the County. The Department must review plans for off-street parking facilities that any person submits to qualify for the exemption from the special taxes prescribed in this Chapter. This section does not apply to off-street parking facilities the Revenue Authority leases from the County.
   (b)   The Department of General Services must acquire and build off-street parking facilities and renovate off-street parking facilities that will not remain open during the work. (Mont. Co. Code 1965, § 44-13; 1969 L.M.C., ch. 44, § 2; 1973 L.M.C., ch. 25, § 8; 1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
   Editor’s note2008 L.M.C., ch. 5, §§ 2 and 3, state: Sec. 2. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Public Works and Transportation in connection with designing, building, and maintaining County facilities (except maintaining or renovating public parking facilities under Chapter 60, as provided for under Section 1 of this Act), maintaining County vehicles and equipment, acquiring and disposing of real property not associated with roads, bridges, and other related transportation facilities, and operating mail, printing, and duplication services, is transferred to the Department of General Services.
   Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Sec. 60-13. Reserved.
   Editor's note-Section 60-13, which prescribed that the cost of administration and enforcement of the off- street parking program provided in this chapter be appropriated from the suburban district tax, derived from Mont. Co. Code 1965, § 44-14, and 1973 L.M.C., ch. 25, § 8, was repealed by 1987 L.M.C., ch. 2, § 4.
Sec. 60-14. Application for exemption; determination.
   (a)   Any property owner or lessee in any district may apply, in the following manner, for an exemption from the special taxes prescribed in this Chapter. On or before April 1 of the application year, the owner or lessee must file with the Department of Transportation an application in the form and containing information the Department requires to determine whether the Department should grant an exemption. If the Department grants an exemption for a particular property, the exemption continues for each successive year unless there is a change in the number of parking spaces or in the floor area, number of employees, or any other factor governing the number of automobile parking spaces required to qualify for continued exemption. The property owner or lessee promptly must notify the Department of any change in qualifying factors. The Department may, no more than once in any 12 month period, require any lessee or owner of exempt property to file an information return to determine whether the property meets the requirements for exemption. The exemption ends if the lessee or owner does not file the information return.
   (b)    The Department of Transportation must determine whether to grant an exemption according to this Chapter, and must notify the applicant by mail of the determination.
   (c)    The applicant may, within 30 days after the notice referred to in subsection (b) is mailed, appeal the determination to the appeal tax court for the County by delivering to the appeal tax court a petition stating:
      (1)   the applicant's name and address;
      (2)   the name of the owner of the property;
      (3)   the lessee, if any;
      (4)   a description of the property;
      (5)   the zoning classification of the property;
      (6)   the decision of the Department; and
      (7)   a brief statement of the grounds of the appeal.
   The applicant must deliver a copy of the petition to the Department.
   (d)   If the applicant does not file a petition within this 30-day period, the determination of the Department becomes final. The Department must forward the decision to the Supervisor of Assessments, who must enter the decision on the assessment records.
   (e)   The appeal tax court must set a time for hearing a valid appeal and must notify the applicant and the Department of the hearing at least 5 days before the hearing. The applicant, the County, or any other party to the appeal, may, at the party's own expense, transcribe the testimony offered at the hearing. The applicant, the County, or any other party to the appeal may, either before or within 15 days after the decision by the appeal tax court, submit to the appeal tax court a request for rulings on points of law or findings of fact. The court promptly must rule on the points of law or findings of fact.
   (f)   The decision of the appeal tax court after the hearing must be in writing and signed by a majority of the court. The court promptly must mail a copy of the decision to the applicant and to the Director of the Department.
   (g)   Any person, including the County, aggrieved by the decision of the appeal tax court may appeal the same within thirty (30) days of the date thereof to the circuit court for the County, on questions of law only.
   (h)   Any such appeal may be taken by filing with the clerk of the circuit court a petition setting forth the decision of the appeal tax court, question or questions of law involved, and that it is brought pursuant to this section. There shall be attached thereto a copy of the petition filed with the appeal tax court. At the same time, or as soon thereafter as available, the appellant shall file a copy of the transcript, if any, of the testimony given before the appeal tax court and any rulings made by the appeal tax court on points of law and finding of fact. On or before taking such appeal the appellant shall mail a copy of the petition filed with the clerk of the circuit court to all persons who were parties to the proceeding before the appeal tax court, to the clerk of the appeal tax court, and except where it is the appellant to the County. The County shall be named as a party defendant in all appeals, except in those taken by the County in which it shall be named as a party plaintiff. Upon receiving a copy of a petition of appeal, the clerk of the appeal tax court shall promptly transmit to the clerk of the circuit court a true copy of all papers filed with the appeal tax court in the proceeding which is the subject of the appeal.
   (i)   If the circuit court shall find that the record of the proceeding is insufficient to determine the question of law presented, it may dismiss the appeal or remand the case to the appeal tax court for the purpose of receiving further evidence.
   (j)   There shall be a further right of appeal to the court of appeals from any decision of the circuit court, which shall be treated in the same manner as are appeals from the circuit courts in ordinary cases at law.
   (k)   In addition to requiring returns as provided in subsection (a), the Department is authorized from time to time to examine exempt property and to terminate such exemption if the requirements are not being met. Denial or termination of an exemption may be made by the Department, subject to appeal as above provided, at any time. In the event that such termination occurs between May 1 and September 30, the property shall be subject to the taxation in such year at three-fourths of the parking tax in effect in such district; and in the event the termination of exemption occurs between October 1 and December 31 in any year, the property shall be subject to taxation in such year at one-half of the parking tax in effect in such district. (Mont. Co. Code 1965, § 44-15; 1973 L.M.C., ch. 25, § 8; 1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1; 2014 L.M.C., ch. 38, § 1.)
   Editor’s note—2014 L.M.C., ch. 38, § 2, states, in part: This Act takes effect when it becomes law and expires on July 1, 2015.
   2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Sec. 60-15. Parking meters; enforcement of parking and standing regulations.
   (a)   The county executive is hereby authorized, pursuant to the procedures prescribed by law, to adopt regulations for the installation, maintenance and operation of parking meters along, and limiting the time motor vehicles may park on, the streets, highways and alleys located within each district and on the parking lots within each district acquired by or leased to the county, by the use of parking meters or otherwise, and to prescribe parking meter or other fees for parking on such parking lots, streets, highways and alleys; except, that on all off-street parking facilities leased to the county revenue authority, such authority shall have the responsibility for the installation, maintenance and operation of parking meters on such facilities and for the adoption of regulations, rates, fees and other charges relating to the facilities operated and managed by it. After the adoption of such regulations, the county may purchase, install, maintain and operate any such parking meters on all streets, highways, alleys and on off-street parking facilities not leased to the revenue authority, in accordance with such regulations; provided, that the location thereof is approved by the county executive. All parking meter fees collected within each district shall be applied as provided in the following section, and the department of police, or any other county employees specifically designated by an executive order of the county executive, or his designee, shall enforce such regulations regarding parking and parking meters in the same manner as they enforce parking and traffic regulations applicable to the public streets and alleys of the county.
   (b)   For the purposes of enforcement of parking and standing regulations in general within the several parking lot districts only, any county employee designated as provided in the preceding subsection shall have concurrent jurisdiction with the police officers of the county as to the enforcement of all parking and standing regulations. (Mont. Co. Code 1965, § 44-16; 1974 L.M.C., ch. 3, § 1.)
Sec. 60-16. Purpose of parking lot funds.
   (a)   The Director of Finance must keep the special taxes and parking fees collected from each district in a separate fund for each district, and each fund must be used so that enough funds are available to pay the principal and interest, as they become due, upon any bonds issued to acquire, build, restore, or improve the off-street parking facilities in the particular district from which the money in that fund is collected. The balance must be used to acquire, build, maintain, or operate off-street parking facilities in that district and to reimburse the County for general revenues advanced to that district under subsection (b). If in any fiscal year any balance remains after those payments, the Director of Finance must hold it until the following fiscal year and apply it as provided in this subsection.
   (b)   On-site expenses in connection with the acquisition, improvement, operation, or maintenance of the off-street parking facilities must not be paid from the general revenues of the County. However, the Director of Finance may temporarily advance general revenues to acquire, build, restore, or improve those facilities. Any transfer that will not be repaid before the end of the fiscal year must be expressly approved by the County Council in an annual budget resolution or a separate resolution, and is subject to any condition imposed in either resolution. The County Executive may, by regulations issued under method (2), regulate the amount of general revenues and parking lot district funds transferred under this subsection.
   (c)   (1)    Notwithstanding the limits in subsection (a) or (b) or any other provision of this Chapter, the County Council may transfer revenue from parking fees to:
         (A)   the fund of any urban district from which the fees are collected, as limited by Section 68A-4(a)(2)b;
         (B)   fund activities of the Department of Transportation to implement transportation system management under Section 42A-13 and Section 42A-23. Parking fee revenue transferred to fund activities in a transportation system management district must not exceed parking fees collected in that transportation system management district; and
         (C)   fund activities of the Department of Transportation in a parking lot district, other than any parking lot district where a transportation system management district is operating to:
            (i)   promote, develop, and implement transit and ridesharing incentive programs; and
            (ii)   establish cooperative County and private sector programs to increase ridesharing and transit usage.
      Parking fee revenue transferred to fund these activities must derive only from parking fees collected in that parking lot district.
      (2)   In this subsection, "parking fee" means revenue from parking meters, parking permits, or any other user charge for parking.
   (d)   Notwithstanding the limitations in subsection (a) or (b) or any other provision of this Chapter, the County Council may transfer district funds from the unencumbered balance of the district fund set up under subsection (a) to assist mixed-use parking facility projects in the district as contemplated by Section 60-2(b). In this subsection, a mixed-use parking facility project means a mixed-use project that includes a significant public parking component and is approved in the County capital improvements program. Unless the County Council in the capital improvements program waives all or part of the repayment, each transfer of funds must be conditioned on a reasonable repayment agreement that is based on the nature of the mixed-use project.
   (e)   Notwithstanding the limits in subsection (a) or (b) or any other provision of this Chapter, the County Council may transfer revenue from the Silver Spring Parking Lot District parking tax:
      (1)   to fund activities of the Silver Spring Regional Services Center in the Montgomery Hills commercial area described in Section 60-1(a)(2), an amount in Fiscal Year 2005 that does not exceed $15,000, and in each succeeding fiscal year does not exceed the maximum amount for the previous fiscal year increased by the annual average increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) in the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the previous calendar year, to:
         (A)   provide and maintain amenities, façade improvements, streetscape improvements, and property in public rights-of-way;
         (B)   promote and implement activities that benefit residential and commercial interests in the district. These activities may incidentally benefit neighboring communities; and
         (C)   enhance the safety and security of persons and property in public areas; and
      (2)   to fund projects in the Capital Improvements Program that improve the street and sidewalk infrastructure serving the Montgomery Hills commercial area described in Section 60-1(a)(2).
   (f)   (1)   Notwithstanding the limits in subsection (a) or (b) or any other provision of this Chapter, the County Council may authorize the transfer of revenue from parking fees collected in a parking lot district in any fiscal year to temporarily fund the operations of another parking lot district. In this subsection, “parking fee” means revenue from parking meters, parking permits, or any other user charge for parking.
      (2)   The Council must approve any transfer under this subsection in the resolution approving the district’s annual operating budget or in a separate resolution. Each transfer of funds must be conditioned on a reasonable repayment agreement. Each authorizing resolution must specify:
         (A)   the purposes for which the transferred funds may be used; and
         (B)   the terms of repayment to the originating parking lot district. (1987 L.M.C., ch. 2, § 1; 1988 L.M.C., ch. 18, § 2; 1992 L.M.C., ch. 31, § 1; 1993 L.M.C., ch.13, § 1; 1995 L.M.C., ch. 7, § 1; 1996 L.M.C., ch. 4, § 1; 1999 L.M.C., ch. 1, § 1; 2004 L.M.C., ch. 6, § 1; 2008 L.M.C., ch. 5, § 1; 2014 L.M.C., ch. 14, § 1; 2017 L.M.C., ch. 20, §1; 2018 L.M.C., ch. 3, §1.)
   Editor’s note2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
   Editor’s note—Former Section 60-17, Parking of trucks, abandoned vehicles, etc., on lots prohibited; time limit on parking—Generally, derived from Mont. Co. Code 1965, § 44-18, was repealed by 2017 L.M.C., ch. 20, §1.
   Editor’s note—Former Section 60-18, Parking of trucks, abandoned vehicles, etc., on lots prohibited; time limit on parking—Impoundment of vehicles, derived from Mont. Co. Code 1965, § 44-19, was repealed by 2017 L.M.C., ch. 20, § 1.
   Editor’s note—Former Section 60-19, Parking of trucks, abandoned vehicles, etc., on lots prohibited; time limit on parking—Penalty, derived from Mont. Co. Code 1965, § 44-20, was repealed by 2017 L.M.C., ch. 20, § 1.
   Editor’s note—Former Section 60-20, authorizing the council to amend §§ 60-4--60-19 and to regulate off- street parking facilities by ordinance, derived from Mont. Co. Code 1965, § 44-21, was repealed by § 2 of 1985 L.M.C., ch. 36. The section header reserving this number was deleted by 2017 L.M.C., ch. 20, §1.