Section 13A - Definitions

Click on a title to advance to that particular section. Definitions Restrictions Exemptions from Building Regulations Administration Waivers Penalties Miscellaneous

1. Accessory Building: A building subordinate to, and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land and which is not attached by any part of a common wall or common roof to the main building.

2. Building: A structure having one or more stories and a roof, designed primarily for the shelter, support or enclosures of persons, animals or property of any kind.

3. Building restriction line: The line established by the setback requirements, which separates the buildable portion of the lot from the portion into which non-exempt structures must not encroach.

4. Developmental nonconformity: An existing structure, which was lawful when established, but which no longer conforms to the requirements because of the amendment of these regulations.

5. Dwelling: A building for residential use.

6. Established building line: A front yard building line, which is the average setback of all buildings that meet these criteria:

(a) are within 300 feet of the side property line of the lot in question (excluding corner lots);

(b) are along the same side of the street;

(c) are between intersecting streets;

(d) exist at the time the building application request is filed; and

(e) are not nonconforming, unlawfully constructed, or constructed pursuant to a lawfully granted variance.

7. Frontage: The length of the front property line of the lot, lots or tract of land abutting a public street, road, or highway.

8. Height of building: The vertical distance measured from the average elevation of finished ground surface along the front of the building to:

(a) the highest point of roof surface of a flat roof; or

(b) the average height level between the eaves and ridge of a gable or other sloping roof.

9. Lot: The land designated as a separate and distinct lot or parcel of land on a legally recorded subdivision plat filed among the land records of the county.

10. Lot line, front: The boundary line of a lot separating the lot from any and all streets.

11. Porch: An above-grade covered platform at the entrance to a building, with sides that are open except for columns and railing.

12. Setback: The minimum distance that a structure must be set back from a lot line.

13. Stoop: An above-grade uncovered platform, with or without railing, at the entrance of a building.

14. Street line: A line defining the edge of a street right-of-way and separating the street from abutting property or lots.

15. Structure: An assembly of materials forming a construction including, among others, a building; an accessory building; an open shed; a deck or terrace built above grade level; an in-ground swimming pool or outdoor spa; an above-ground swimming pool or outdoor spa that is not portable or is left in place when not in use; a tennis court; a fence or wall; and a shelter or gazebo. The term structure does not include a basketball pole and backboard; play equipment; a flagpole attached to a building or free-standing; a mailbox; an antenna or satellite dish; a patio, walkway, or driveway build at ground level; landscaping materials, such as timbers, edging, a trellis, or bench; steps and related handrails detached from a building at a change of grade; and portable objects for temporary use, such as a tent, awning, or inflatable wading pool.

Section 13B - Restrictions

It is unlawful for any person or persons to erect any building or to make any material additions or alterations to any existing buildings, except under the following conditions:

1. Setbacks -- front lot line: No structure hereafter erected on any lot fronting on the north side of Dresden Street between Connecticut Avenue and Summit Avenue may be situated less than 115 feet from the front lot line, or elsewhere in Chevy Chase View closer than the established building line or 35 feet from the front lot line, whichever is greater.

2. Setbacks - property side line and rear line:

(a) No structure, including a built-in garage, shall be erected within 15 feet of a sideline or within 25 feet of the rear line.

(b) No garage, shed or other accessory building shall be erected within less than 7 feet of a side or rear line.

(c) For any garage, shed or other accessory building with a height greater than 15 feet, the side and rear minimum setback shall be increased from the requirement in subsection (b) above at a ratio of one foot of additional setback for each foot of height in excess of 15 feet.

(d) For any garage, shed or other accessory building with a length along a rear or side property line which has a linear dimension greater than 24 feet, the minimum setback from that rear or side property line shall be increased from the requirement in subsection (b) above at a ratio of one foot for every 2 feet that the dimension exceeds 24 linear feet.

3. 100-foot frontage requirement: No dwelling or other structure shall be erected upon any lot of less than 100 feet frontage except upon a lot having a frontage of less than 100 feet according to a subdivision of lots recorded before December 8, 1925.

4. Multi-family dwelling restriction: No dwelling designed for the occupancy of more than one family shall be erected in Chevy Chase View.

5. Off-street parking -- minimum provisions: There shall be provided at the time of the erection of any dwelling, or at the time any dwelling is enlarged or increased in capacity, minimum off-street parking space within the property lines with adequate provisions for ingress and egress by standard motor vehicles, as follows:

(a) Each automobile parking space shall not be less than 180 square feet and the same shall be connected by an adequate driveway with a paved street.

(b) Each automobile parking space and driveway shall be so drained as to prevent damage to abutting properties, public and/or private, and shall be constructed of a material which will assure a surface resistant to erosion.

Section 13C - Exemptions from Building Regulations

These structures are exempt from the setback requirements of the Building Regulations:

1. Permitted projections.

(a) A porch or stoop may extend into any minimum front or rear setback not more than 5 feet and into any minimum side setback not more than 2 feet. Steps from the porch or stoop to ground level may further encroach as necessary.

(b) A bay window, oriel, or balcony, 10 feet or less in width, may project not more than 3 feet into any minimum front or rear setback and no more than 2 feet into any minimum side setback.

(c) Cornices and eaves (including any attached gutter) may project not more than 2 ½ feet into any minimum front or rear setback and no more than 2 feet into any minimum side setback.

(d) Gutters, sills, and ornamental features may project not more than 6 inches into any minimum setback.

(e) Chimneys not more than 10 feet wide may project not more than 2 feet into any minimum setback.

2. Fences and walls. Fences and freestanding walls are not limited by the setback requirements of these regulations, provided that any fence or wall between the front lot line and the front building restriction line is not more than 4 feet in height, measured from the surface of the ground. Fences and walls exceeding 4 feet in height that were constructed before May 15, 2001 may be repaired or replaced.

3. Height of accessory buildings. The building height limits for accessory buildings do not apply to weather vanes, chimneys, cupolas, domes, and similar ornamental structures.

Section 13D - Administration

1. CCV Council pre-approved Building Permit requirement: No building or structure shall be erected, altered, or repaired, or any addition made thereto or any work started thereon, or any excavation made in connection therewith, (such activities are herein collectively referred to as "Construction"), unless such construction makes no alteration in the exterior three dimensional boundaries of the residence or any outbuilding, prior to the issuance of a Building Permit by the Chevy Chase View Council or its designee. A permit must be obtained from Chevy Chase View even in instances where Montgomery County does not require a building permit. A permit is not required when a fence is replaced with a fence erected in the same location and made of the same material.

2. Time limits on initiation and completion of construction: Work must be commenced within 6 months after the permit is issued by the Council, and must be completed within one year of the date of the permit. The Council may grant an extension, upon such conditions as the Council may set, upon a showing by the applicant that:

(a) additional time is reasonably necessary to complete the construction; and

(b) circumstances have not otherwise changed since the issuance of the permit.

3. Revocation of Building Permit: The Council may revoke a Building Permit when the application or the plans on which the permit is based contain a false statement or misrepresentation of fact or when any deviation from the approved plans or any violation of the conditions upon which the permit was issued occurs.

(a) If the Council's approval is revoked, the Council may issue a stop-work order to be effective immediately and posted on the subject property.

(b) If the Council issues a stop-work order, it shall be unlawful for any person to continue or permit the continuance of work in or about a structure after a stop-work order has been posted at the property, except such work as is directed, with the Council's approval, to remove a violation of these Building Regulations or to remove an unsafe condition.

4. Penalties for violations: It is a municipal infraction for any person to violate and for any property owner to allow on his or her property a violation of the provisions of Sec. 13 of the Chevy Chase View Building Regulations, subject to fines of:

(a) $100.00 for failing to file a Building Permit or Waiver Application;

(b) $1,000.00 for any material misrepresentation in a Building Permit or Waiver Application or documents submitted in support thereof;

(c) $400.00 for beginning construction without a Chevy Chase View Building Permit and $50.00 for each additional day of unauthorized construction;

(d) $100.00 per day for failing to cease construction following the Council's issuance of a stop-work order; and

(e) $100.00 per day for violations of any other provision of this section.

5. Town right to inspect premises: The Town has the right to on-premises inspection of construction to insure compliance with the Building Regulations and the Application submitted.

6. Authorization to administer and enforce Building Regulations: The Council is hereby authorized to establish mandatory rules for the administration and enforcement of the Building Regulations by motion or such other procedure as the Council deems appropriate.

Section 13E - Waivers

1. Powers of Council: In addition to any other powers it may have, the Council shall have the power to grant Waivers from the setback requirements of the Building Regulations upon application by an interested person. With respect to the lot for which a Waiver is sought, the term "interested person" includes any owner, contract purchaser or authorized agent of the owner or contract purchaser.

2. Standards to be applied:

(a) The Council may grant a Waiver to encroach into a setback by two (2) feet or more upon a finding that:

(1) Such encroachment will not be contrary to the public interest,

(2) Such encroachment will not adversely affect the appearance, utility or value of any contiguous or confronting property,

(3) Owing to conditions peculiar to the property and not the result of any action of the applicant, enforcement of the regulations would result in substantial hardship to the applicant, and

(4) The Waiver will not be contrary to the purpose and intent of the Building Regulations.

(b) The Council may grant a Waiver to encroach into a setback by less than two feet upon a finding that:

(1) Such encroachment will not be contrary to the public interest,

(2) Such encroachment will not adversely affect the appearance, utility or value of any contiguous or confronting property,

(3) Owing to conditions peculiar to the property and not the result of any action of the applicant, enforcement of the regulations would cause the applicant to suffer excessive costs or delays, or uncommon architectural or engineering difficulties in the construction of improvements on the property, and

(4) The Waiver will not be contrary to the purpose and intent of the Building Regulations.

3. Procedures for Waivers:

(a) Applications and accompanying maps, plans or other information shall be submitted to the Administrator who shall place the matter on the Council agenda and announce a public hearing thereon, which shall be held at a regular or special meeting of the Council. The Council shall give written notice of such hearing to interested persons and owners of abutting and confronting properties, at least fifteen (15) days prior to the meeting at which such application is to be considered.

(b) Within five (5) days after the filing of an application for a Waiver the applicant shall erect a sign, to be furnished by the Council, on the subject property within 10 feet of the boundary line of each public road which abuts the property facing in such manner as may most readily be seen by the public. The bottom of the sign shall be not less than 2 1/2 feet from the ground. The sign shall be of such material, color, height and width as the Council shall specify, and shall state the nature of the application, the date of the scheduled hearing, the case number and the telephone number of the Administrator or other official in custody of the application.

(c) At the hearing, any party may appear in person, by agent or by attorney.

(d) The decision by the Council shall be made within sixty (60) days following the hearing.

(e) In exercising its powers, the Council may grant a Waiver as requested by the applicant, grant a Waiver to permit an encroachment less than that requested by the applicant, or may deny the application. In addition, the Council may grant a Waiver or partial Waiver upon such terms and conditions as it deems appropriate.

(f) For the conduct of any hearing on an application for a Waiver, a quorum shall be not less than three (3) members of the Council, and in all instances an affirmative vote of three (3) members of the Council shall be required to grant any Waiver.

(g) The Administrator of the Council shall keep minutes of all Waiver hearings, showing the vote of each Council Member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of each application and all material submitted for the record of the hearing, all of which shall be a public record.

4. Montgomery County Requirements: Nothing in this Sec. 13 shall be construed to relieve any person from the requirement of obtaining a building permit, special exception or variance from the County as may be required by the County.

Section 14 Restrictions on use of outbuildings for residential purposes:

It shall be unlawful for any person or persons to occupy any garage, shed, outbuilding or trailer for residence purposes without the consent of the Council, and the Council shall permit the same upon such restrictions or conditions as they shall deem requisite.

Any person or persons violating the requirements of this section shall be liable to the penalty prescribed under Sec. 18 herein, and each period of three (3) days during which any of the conditions described herein shall exist shall constitute a separate offense.

Section 15 Work involving the tearing up of streets, public works, etc.:

Any person or persons intending to undertake any work which will involve tearing up the streets, pavements, gutters, sidewalks, parking areas, or other public works or property, or seriously to obstruct same shall first obtain the approval of the Council and shall be responsible for restoring same at the earliest practicable date to its original condition.

Any person or persons violating the requirements of this section shall be liable to the penalty prescribed under Sec. 18 herein, and each period of three (3) days during which any of the conditions described herein shall exist shall constitute a separate offense.

Section 16 Placement of warning lights on obstructions, excavations in public byways, etc.:

It shall be unlawful for any person or persons to leave any obstruction or excavation on or in the sidewalk, parking area or street, avenue, road or parkway, between one half hour after sunset and one half hour before sunrise without having sufficient warning lights placed in such a manner as to show the location and extent of such obstruction or excavation. Any person or persons guilty of the foregoing shall be subject to arrest and punishment as provided for under Sec. 18 herein.

Section 17 Placement of wires on, over, or under public byways:

Any person or persons desiring to string, lay, hang, suspend or in any manner place wires of any kind on, over or under the public highways or streets within Chevy Chase View shall, when required by the Council, and in any event when the setting of poles is involved, be required to secure the consent of the Council, and such written consent shall contain a provision for and be contingent on saving the Council harmless from loss or damage. Any person or persons guilty of the foregoing shall be subject to arrest and punishment as provided under Sec. 18 herein.

Penalties

Section 18 Any person or persons guilty of violating any of the foregoing regulations shall, upon conviction, be subject to a fine not to exceed One Hundred Dollars ($100.00), or imprisonment in the jail of Montgomery County, Maryland, for a term not to exceed ninety (90) days or both in the discretion of the Court having jurisdiction thereof, or to specific penalties as identified in Sec. 13 D.4.

Section 19 Any person or persons violating or failing to comply with the Building Regulations in whole or in part shall make or cause to be made such alterations or removals of work commenced or finished as may be necessary to remedy a condition which violates the regulations, and if such remedy is not completed within one month from the date of notification of violation, or such longer period as the Council may specify, the Council may by contract or otherwise remove or demolish such structure or parts thereof which violate these regulations and the cost thereof shall be paid immediately by such person or persons upon request of the Council.

Miscellaneous

Section 20 Saving Clause: The right to alter, amend or repeal these regulations or any part thereof is hereby expressly reserved. If any clause, sentence, paragraph or part of these regulations shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of these regulations, but shall be confined in its operation, to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section 21 Belling of Cats:

A. It shall be the duty of all owners of cats within Chevy Chase View, and all persons keeping or harboring the same, to equip and securely attach to such animals before permitting them to roam and run at large within said area, belling devices capable of emitting sound of sufficient loudness and intensity to give warning of the approach and proximity of such animals to song birds and other forms of vulnerable bird life.

B. Any resident of Chevy Chase View who finds a cat lacking such a belling device running at large on his property is hereby authorized to notify the Montgomery County Animal Shelter of that fact and arrange to have such animal picked up and taken to the Shelter and there held for disposition under the applicable laws of Montgomery County pertaining to such matters.

Resolution 1-81, adopted by the Council of Chevy Chase View on December 29, 1981, provided that "***there shall be imposed a penalty of 1% per month or any fraction of a month on the payment of all ordinary taxes which are overdue and in arrears. The penalty rate hereby established shall for all subsequent levies of all levy years apply to all ordinary taxes and charges collectable in the same manner as ordinary taxes, which are overdue and in arrears on or after October 1, 1982." This Resolution was passed with the same penalty provision as applies to ordinary taxes collected for the benefit of Montgomery County.