Commercial Development / Nonconforming Use

Goal:

Sean was engaged to find a successful path to permit the operations to continue in the short and long term without interruption at each client’s property location.

Success:

The Miller, Miller & Canby team worked closely with the clients and conducted extensive historical land use research about the property, business and laws guiding Landscape Contracting businesses.  Sean felt confident that the historical records and the current law allowed the client to apply for and receive a Non- Conforming Use approval. Such approval would legally confirm that the use had begun operating legally and continued without interruption on the properties for in excess of 30 and 60 years, respectively. 

Montgomery County Government reviewed the comprehensive Non-Conforming Use application submission and agreed that the Landscape Contracting business use was legal and withdrew the civil citations. The route and approval allowed the clients to avoid having to appear in District Court, stop operations or move operations. It also avoided the very involved, expensive, lengthy and uncertain County Conditional Use land review process. Both clients Landscaping Operations continue to operate at their properties with newly obtained legal status.