Jody Kline Speaks at Bisnow Conference "The Future of MoCo"

Two MM&C Attorneys Named as 2015 Best Lawyers

Ed West and Soo Lee-Cho Conduct Program for Beijing City High People’s Court of the People’s Republic of China

Latest News on the Purple Line


 

As we all have now come to accept, there is a new Zoning Ordinance in town and it’s going into effect soon. The Montgomery County Council adopted a comprehensive rewrite of the County’s zoning law that will become effective on October 30, 2014. A comprehensive remapping of properties in the County to make zoning of land consistent with the zones created by the new Ordinance was also approved by the Council in District Map Amendment G-956 this past summer that will go into effect on the same date.

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SPECIAL NEEDS TRUSTS: IMPORTANT INFORMATION FOR FAMILIES CARING FOR A LOVED ONE WITH A DISABILITY

Families caring for a child, or other family member, with special needs face many challenges and decisions.  There are often critical financial decisions that need to be made for the well-being of the child and the rest of the family.  Established for the sole benefit of a person with disabilities, special needs trusts, sometimes called supplemental needs trusts, can protect the assets of the person with special needs, and ensure that he or she is not disqualified from receiving public benefits, such as Medicaid or Supplemental Security Income (SSI).  Special needs trusts are valuable in that they can provide for continued care, support and management, by setting aside assets -- of the beneficiary or a third party -- for the benefit of a person with special needs. This enables the person with disabilities to benefit from the trust without sacrificing public benefits. Established for the sole benefit of a person with disabilities, special needs trusts, sometimes called supplemental needs trusts, can protect the assets of the person with special needs, and ensure that he or she is not disqualified from receiving public benefits, such as Medicaid or Supplemental Security Income (SSI).  Special needs trusts are valuable in that they can provide for continued care, support and management, by setting aside assets -- of the beneficiary or a third party -- for the benefit of a person with special needs.

CLICK HERE TO READ MORE ABOUT SPECIAL NEEDS TRUSTS

In Montgomery County, questions often arise about "conditional uses"; what it means and how does it differ from a “special exception”? The terms “conditional use” and “special exception” are interchangeable – they both refer to the same type of land use approval. A conditional use/ special exception is a use that has been legislatively predetermined to be conditionally compatible with land uses that are permitted by right in a particular zone provided a finding is made that certain statutory criteria (conditions) governing the use are satisfied. In other words, the use is presumptively valid and is permissible as long as certain prescribed conditions are satisfied. Of course, not all conditional uses are permitted in all zones and the conditions that must be satisfied vary depending upon the use and, in some cases, the zone.

READ MORE ABOUT THIS AND OTHER LAND USE & ZONING FAQ'S BY CLICKING HERE