Conditional Use Application & Inspections
A Conditional Use is the grant of a specific use that is not permitted without restriction in the zone where it is located. The application for Conditional Use is processed by the Hearing Examiner. Prior to October 2014, these cases were known as Special Exceptions and are amended by the Board of Appeals.
Special Exceptions grants and all associated documents are kept by the Montgomery County Board of Appeals. Conditional Use grants and all associated documents are kept by Office of Zoning and Administrative Hearings.
In 2001 the Montgomery County Council adopted resolution 14-1001 establishing an annual fee be paid by all special exception holders to Montgomery County through the Department of Permitting Services. Bills are mailed out annually and are due on the 31st of July each year.
Inspections are performed periodically as designated by the use and on a complaint basis. The inspectors verify that the site complies with the Deciding Body’s Resolutions, terms and conditions, and exhibits of record. Accessory Apartments are inspected by the Department of Housing and Community Affairs. If you would like to schedule an inspection please contact your area inspector by using our Find My Inspector application.
No, the use continues with the land. If ownership of the land changes, a transfer of the grant must occur.