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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
County Attorney Opinions and Advice of Counsel
Sec. 8-28. Certificate of use and occupancy.
   (a)   Applicability.
      (1)   A use-and-occupancy permit is required before any building, structure, or land can be used or can be converted, wholly or in part, from one use to another.
      (2)   Exemptions from use-and-occupancy permit requirement:
         (A)   land or buildings used exclusively for agricultural purposes;
         (B)   a use for which a valid occupancy permit was issued and not revoked before June 1, 1958; and
         (C)   a Transitory Use.
   (b)   Application Requirements. Each application for a use-and-occupancy permit must be accompanied by 2 copies of a plan drawn to scale showing:
      (1)   the lot on which a use is proposed, lot dimensions, lot and block numbers and subdivision name, if any;
      (2)   the location, extent, and layout for the proposed use and any other pertinent information; and
      (3)   north point, date and scale of plan.
   (c)   New buildings. It is unlawful for any person to use or occupy a building hereafter erected in whole or in part until the certificate of use and occupancy is issued by the Director in satisfaction of this Chapter.
   (d)   Buildings hereafter altered. It is unlawful for any person to use or occupy a building hereafter enlarged, extended or altered to change from one use group to another, in whole or in part until a certificate of use and occupancy is issued by the director certifying that the work was completed in satisfaction of the approved permit. Any use or occupancy that was continued during the work of alteration, must be discontinued within 30 days after the completion of the alteration unless the required certificate is secured from the Director.
   (e)   Existing buildings. Upon written request from the owner of an existing building, the Director must issue a certificate of use and occupancy if there are no violations of law or orders of the Director pending. In addition, the Director must establish that the alleged use of the building has heretofore existed. Nothing in this Chapter requires the removal, alteration, or abandonment of the use and occupancy of a lawfully existing building, unless such use is deemed to endanger public safety and welfare.
   (f)   Changes in use and occupancy. After a change of use is made in a building, a person is prohibited from reestablishing a prior use that is not lawful for a new building of the same type of construction unless the owner complies with all the applicable provisions of this Chapter.
   (g)   Temporary occupancy. Upon the request of the holder of a permit, the Director may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the permit shall have been completed if that such portion or portions may be occupied safely before full completion of the building without endangering life or public welfare.
   (h)   Necessary Findings.
      (1)   The Department must find the building complies with Chapter 59.
      (2)   Any building, structure, or land on a site with any previous development approval must satisfy the requirements, representations, plans, and conditions contained in the decision or resolution of the deciding body.
      (3)   The Department must inspect construction or alteration for completion under the applicable decision or resolution.
   (i)   Contents of certificate. When a building or structure is entitled to a certificate of use and occupancy, the Director must issue a certificate 10 days after written applications. The certificate certifies compliance with this Chapter and the purpose for which the building or structure may be used. The certificate of use and occupancy must specify the use group, the fire grading, the allowable live load on all floors, the occupancy load in the building and all parts of the building and any special stipulations and conditions of the building permit. (1975 L.M.C., ch. 1, §3; 2016 L.M.C., ch. 35 , § 1.)
   Editor's note-In National Institutes of Health Federal Credit Union v. Hawk, 47 Md. App. 180, 422 A.2d 55 (1980), the court rules there broad review of all factors exist when making a determination as to the issuance of a certificate of occupancy.  In Ross v. Montgomery County, 252 Md. 497, 250 A.2d 635 (1969), it was held that the issuance of a building permit does not confer a vested right which cannot be eliminated by subsequent legislative action.