Nonconforming Use

What is a Nonconforming Use?

The term"nonconforming" applies to a land use which exited prior to the establishment of zoning in a geographic area, or a change in zoning which makes the use no longer in compliance with the Zoning Ordinance.

What is the Application Process for Requesting Approval of a Nonconforming Use?

The applicant submits a formal request which is reviewed by DPS staff against the criteria for nonconforming use contained in the Montgomery County Zoning Ordinance.  Documentation such as sales receipts, tax records, signed affidavits and photographs provide evidence which is considered during the course of the decision-making process.  The applicant is informed in writing of the decision on his or her request.

 What Will the Cost be?

The total cost for each nonconforming user is $203.50. The total fee includes a research fee of $185.00 and 10% Automation Enhancement Fee of $18.50.

When Will a Decision be Made?

Provided that proper documentation is presented at the time of application, and no additional information is necessary, normal processing time is ten working days.