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Session Laws, 1959
Volume 642, Page 1265   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            1265

regulations, for the grant of power to the Board of Zoning Appeals
of Prince George's County and the County Board of Appeals of
Montgomery County upon appeal, to permit (1) an extension of a
lawful non-conforming use throughout a part or whole of a build-
ing in which such non-conforming use lawfully exists; or (2) the
restoration or reconstruction of an existing lawful non-conforming
use where through fire, or other calamity such use has been destroyed
to the extent of not more than seventy-five per centum (75%) of
the reconstruction value of the building in which such lawful non-
conforming use was carried on; or (3) an extension of an existing
lawful non-conforming use on the same lot as such lot existed as a
single lot under single ownership at the time of the enactment of
the regulation which made the then existing use on such lot non-
conforming. Nothing in this section shall be held to authorize the
validation, ratification, or legalization of any violation of law or
regulation existing at the time of the action by the District Council
under this section.

82. Commercial Licenses in Residential Zones; Non-Conforming
uses.

(a)  Licenses not to be issued.No Clerk of the Circuit Court of
Montgomery County or of Prince George's County, no administra-
tive official, no licensing body or board, and no person whatever
shall issue a license or permit for any commercial or industrial pur-
pose or for the conducting of any commercial or industrial enter-
prise or business whatsoever in a residential zone, that is, in any
district designated on the zone maps as residential within the Re-
gional District.

(b)   Lawful non-conforming uses continued.However, in the
case of a lawful non-conforming use existing at the time of the
enactment of the respective zoning ordinances within that portion
of the Regional District in Montgomery and Prince George's coun-
ties comprising the Maryland-Washington Metropolitan District,
created by Chapter 448 of the Acts of the General Assembly of
Maryland of 1927, as amended, the particular use may be continued,
and appropriate licenses may be issued, limited, however, to the
particular use already existing in each case.

(c)  Alcoholic beverage licenses.In addition, the Board of Li-
cense Commissioners of Montgomery County, within its discretion,
may renew such licenses as were lawfully renewed by the Liquor
Control Board in 1938 for premises on which lawful non-conforming
uses either as restaurants, grocery stores, or roadside stands have
continuously existed since 1928.

(d)  Non-conforming uses outside of Metropolitan District.In
addition, in the case of a lawful non-conforming use existing at the
time of the enactment of zoning ordinances under the provisions of
this sub-title in that portion of the Regional District in Montgomery
and Prince George's counties, respectively, outside the said Metro-
politan District, the particular use which existed at the effective
date of the said zoning ordinances, adopted under the authority of
this sub-title, may be continued, and appropriate licenses may be
issued, limited, however, to such particular use in each case.


 

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Session Laws, 1959
Volume 642, Page 1265   View pdf image (33K)
 Jump to  
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