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COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
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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 WARRANTY AND BUILDER LICENSING - 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
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.