Permits Affecting Certain Residential Properties; Public Notice - Regulations

This regulation establishes a procedure for the posting of a required sign notifying the public of a recently released building permit for the construction of a new building or an addition to an existing building on residentially zoned property. The required sign will specify the time limit to appeal to the Board of Appeals the issuance of the building permit.

This regulation applies to permits released for new construction on vacant residentially zoned land or for an addition affecting the footprint or height of an existing structure located on residentially zoned land.

For purposes of this regulation, the following words and phrases have the meanings indicated. Words and phrases defined in Chapter 8 and 59 of the Montgomery County Code have the meanings indicated in those chapters. All other words and phrases have their common, ordinary meaning as defined in Webster's New Collegiate Dictionary, unless the context clearly indicates otherwise.

Footprint: The area of a building between the exterior faces of walls, foundations, piers, or other means of support, including bay windows, carports, covered porches, and vestibules. Uncovered decks, porches, and steps are not included in the calculation of the building footprint.

Release Date: The date that a building permit is paid for, and received by the applicant or the applicant's agent.

4.0 County regulations, enforced by the Department of Permitting Services (DPS), require that, within three days after the release of a building permit, a sign be posted notifying the surrounding community of the proposed construction of a new structure on vacant property or an addition affecting the footprint or height of an existing structure.

4.1 The required sign, provided by DPS, will be 8 1/2" X 14" cardboard, and must contain the following information:

BUILDING PERMIT

NOTICE

_____________________

has been issued for the construction of a new

dwelling or an addition to an existing dwelling.

The PERMIT RELEASE DATE was

_______________________

To appeal the issuance of this permit,

contact the Board of Appeals at

240-777-6600

within 30 days of the release date above.

4.2 The following posting requirements will be printed on the back of the notice:

This sign must be posted on the property within 3 days after the release date, and must remain posted on the property for 30 days after the release date. It must be located on the side of the lot/parcel, which provides principal access to the street or right-of-way. It must be conspicuously posted not more than 5 feet from the front property line and mounted at least 30 inches but not more than 60 inches above the ground.

4.3 A subdivision of more than five (5) homes at a single site may utilize a central location for the posting of the required signs. The central location must be at the primary public entrance to the subdivision or construction area and must meet the height posting requirements in 4.2 above.

5.0 The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation will remain in effect.

6.0 This regulation takes effect under the provisions of Method 2, as referenced in Section 2A-15 of the Montgomery County Code.