A.
Code Enforcement Officer. The provisions of this chapter shall be
enforced by the Code Enforcement Officer. In the absence of a Code
Enforcement Officer, this chapter shall be enforced by the individual
or individuals designated by the Town Manager through appointment
or by contract to perform the duties of the Code Enforcement Officer.
The Code Enforcement Officer shall be supervised by and shall report
to the Town Manager. The Code Enforcement Officer shall be a classified
employee of the Town.
B.
Duties and responsibilities. The Code Enforcement Officer shall have
all the duties and powers conferred by this chapter, including the
following:
(1)
Receive applications for building permits and certificates of use
and occupancy as hereinafter required, process the same, make appropriate
inspections and issue the required permits when such applications
are accompanied by the appropriate fees and are not in conflict with
the requirements of this chapter or any other ordinance or regulation
of the Town.
(2)
Make regular inspections during the completion of the work for which
permits have been issued to assure compliance with the requirements
of the applicable provisions of this chapter and the permits. Where
the Code Enforcement Officer determines that there are violations,
he shall give written notice of the same by personal delivery, certified
mail or posting, as appropriate, indicating the nature of the violation
and ordering its correction. No certificate of use and occupancy shall
be issued until all violations have been corrected to the satisfaction
of the Code Enforcement Officer.
(3)
Upon completion of the work for which a building permit has been issued, and having found no discrepancies, issue a certificate of use and occupancy as provided for in § 200-23 of this article.
(4)
Keep a file of all applications received, copies of all permits and
certificates issued, copies of all site plans and plats, construction
and alteration plans, reports of inspections, notices and orders issued
and records of other pertinent factors. Such records shall be made
available for inspection by appropriate personnel upon reasonable
advance notice. Reports shall be made to the Mayor and Council on
a regular basis and to the Planning Commission upon request.
(5)
Receive and remit to the Town Treasurer or other person designated
by the Mayor and Council, and receive a receipt therefor, all fees
and/or other moneys collected under the provisions of this chapter.
(6)
Generally see that the provisions of this chapter are observed and,
where he shall find that any of the provisions are being violated,
notify, by certified mail, personal service, posting the property
or other appropriate method, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary
to correct it within a reasonable period of time as he shall determine.
If, at the conclusion of such reasonable period, the violation has
not, in his judgment, been satisfactorily corrected, he shall order
or seek an injunction to bring about the correction of such violation,
including the discontinuance of illegal buildings or structures, of
illegal additions, alterations or structural changes or of any illegal
work, use or activity being done, or shall take any other action authorized
by law to ensure compliance with this chapter and prevent violation
of its provisions.
A.
Permit requirements. It shall be unlawful to erect or locate or begin
the construction, reconstruction, extension, renovation, demolition
or alteration, including the excavation thereof, of any building or
structure until a permit for such work shall have been issued by the
Code Enforcement Officer. No construction work shall be started until
the lot and the location thereon of the projected building or other
improvements have been staked out on the ground and have been inspected
by the Code Enforcement Officer or his or her designee.
B.
Form of application. The application for a building permit shall be submitted in such form as proposed by the Code Enforcement Officer and approved by the Planning Commission and shall be accompanied by the required fee (See § 200-27). The application shall be made by the owner or lessee of the building, land or structure or the agent of either. If the application is made by an agent, it shall be accompanied by a written authorization of the owner or lessee. The full names and addresses of the owner, lessee and agent shall be stated in the application.
C.
Description of work. The permit application shall contain a general description of the proposed work, use and occupancy of all parts of the building, land, structure or sign and such additional information as may be reasonably required by the Code Enforcement Officer to determine that the proposed improvements and use conform to the requirements of this chapter and other applicable laws and regulations. The application shall be accompanied by a site plan as per § 200-22 with the information deemed appropriate by the Code Enforcement Officer.
D.
Issuance of permits. Upon receiving the application and the prescribed
fee, the Code Enforcement Officer shall examine the same within a
reasonable time. If the proposed work or use does not conform to the
provisions of this and all other applicable laws and regulations,
he shall reject the application in writing, stating the reasons therefor,
and inform the applicant of his right of appeal to the Board of Appeals.
If the Code Enforcement Officer determines that the proposed work
and/or use does conform, he shall forthwith issue the necessary permit.
E.
Expiration of permit. The permit shall expire after one year from
the date of issuance; provided, however, that the same may be extended
for two additional six-month periods upon application of the holder
thereof and for good cause.
F.
Posting of permits. A true copy of the permit shall be kept on the
site of operations open to public inspection during the entire time
of prosecution of work until the completion of the same as defined
on the application.
A.
Prior to issuing a building permit for construction, expansion or
change in use, a site plan and supporting documentation shall be submitted
to the Planning Commission for its review and approval.
B.
The purpose of site plans is to assure detailed compliance with applicable
provisions of enacted regulations and to prescribe standards for the
design and construction of site improvements. Development requiring
site plan approval shall be permitted only in accordance with all
specifications contained on an approved site plan, and shall not be
undertaken until the site plan is approved and all required construction
permits have been obtained subsequent to such approval.
C.
Applicability. All development or land use activities within the
Town shall require site plan review before being undertaken except
the following:
(1)
Construction or expansion of a single-family dwelling, two-family
dwelling and ordinary accessory structures, and related land use activities.
(2)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(4)
Exterior alterations or additions to existing structures determined
by the Code Enforcement Officer to not require site plan approval.
(5)
Agricultural or gardening uses.
(6)
Total square footage all signs not exceeding 100 square feet.
D.
Site plan applications shall include the information listed in Appendix
A[1] for preliminary and final major and minor site plans.
The Code Enforcement Officer may at his or her discretion waive any
information or preliminary requirements which he or she determines
are not relevant to the proposed use and site.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E.
The Planning Commission's review of the preliminary site plan shall
include, but is not limited to, the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including emergency vehicle access.
(2)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(3)
Location, arrangement, size and design of buildings, lighting and
signs.
(4)
Relationship of the various uses to one another and their scale.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and noise buffer between adjacent uses and adjoining
lands.
(6)
Adequacy of stormwater and sanitary waste disposal.
(7)
Adequacy of structures, roadways and landscaping in areas susceptible
to flooding and ponding or erosion.
(8)
Compatibility of development with natural features of the site and
with surrounding land uses.
(9)
Adequacy of floodproofing and flood prevention measures consistent
with the flood hazard prevention regulations of the Federal Emergency
Management Agency.
(10)
Adequacy of open space for play areas, informal recreation and
the retention of natural areas such as wildlife habitats, wetlands
and wooded areas.
(11)
Adequacy of pedestrian access.
F.
The Planning Commission may attach conditions upon any approval of
a site plan, including but not limited to the following:
(1)
Hours of operation.
(2)
Specific performance standards with regard to physical vibration,
noise, traffic, water quality, glare and air quality standards.
(3)
Visual screening.
(4)
Regulation of vehicular traffic, including points of ingress and
egress, parking and off/on loading areas.
(5)
Signage.
G.
The Code Enforcement Officer may require additional information which
appears necessary for a complete assessment of the project.
H.
Major site plans shall be prepared and certified by an engineer,
architect, landscape architect, or land surveyor duly registered to
practice in the State of Maryland.
I.
Upon receipt of the major site plan, the Planning Commission shall
review the site plan, soliciting comments from other departments,
agencies, and officials as may be appropriate.
J.
When all required plans and data have been received, and if the Planning
Commission finds that a proposed final plan is in accordance with
and represents detailed expansion of the preliminary plan heretofore
approved, that it is in conformance with the provisions of this chapter
and the subdivision regulations[2] if applicable, and that it complies with all of the conditions
which may have been imposed in the approval of the preliminary site
plan or in the review of the final site plan by the Planning Commission,
the Planning Commission shall approve such final site plan within
30 days from the date of the meeting.
K.
Construction of required improvements.
(1)
Upon approval of a site plan, the applicant shall then secure the
necessary construction permits from appropriate agencies before commencing
work. The applicant may construct only such improvements as have been
approved by the Planning Commission or appropriate Town review and
approval agencies.
(2)
The Town may require inspection of the improvements.
L.
Expiration and extension.
(1)
Approval of all site plans shall be for a one-year period and shall
expire at the end of such period unless building construction has
begun. Building construction start will be judged based on the following
criteria:
(a)
The issuance of a valid building permit; and
(b)
Actual, physical commencement of significant and visible construction
pursuant to the building permit; and
(c)
The commencement of construction must be undertaken in good
faith with the intention to continue with the construction and to
carry it through to completion.
(2)
Upon written request by the applicant, within 30 days prior to the
expiration of said approval, a one-year extension may be given by
the Planning Commission.
(3)
Such request shall be acknowledged and a decision rendered thereon
not more than 45 days after filing of said request.
A.
Requirements. It shall be unlawful to use and/or occupy or to permit
the use or occupancy of any structure, building, sign and/or land
or portion thereof hereafter created or erected or to change the use
or to permit the change of use of any building, structure or land
until a certificate of use and occupancy has been issued therefor
by the Code Enforcement Officer. The application for such a certificate
shall be made at the same time an application for a building permit
is made. Required fees must accompany the application. A change of
tenant or change in owner of a commercial or industrial structure
also requires a certificate of use or occupancy permit.
B.
Form of application. The application for a certificate of use and
occupancy shall be in such form as recommended by the Code Enforcement
Officer and approved by the Planning Commission. It may be on the
same application as required for a building permit.
C.
Description of use. The application shall set forth the intended use and, whether in connection with a building permit or not, shall be accompanied by a site plan meeting the requirements set forth in § 200-22 above.
D.
Issuance of certificate. Issuance of a certificate of use and occupancy
shall be withheld until the building or necessary work thereon has
been completed and inspected by the Code Enforcement Officer to determine
that all applicable laws and regulations have been complied with.
Such inspection shall be made within 10 days of notification that
the work has been completed.
E.
Payment of fees. The fees prescribed by § 200-27 for use and occupancy permits shall be paid to the Code Enforcement Officer at the time application for such permit is made.
F.
Posting of certificate. The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times on the affected property. The Code Enforcement Officer shall keep such records as prescribed in § 200-20B(4).
G.
Existing uses. Upon written request of the owner or tenant, the Code
Enforcement Officer shall issue a certificate of use and occupancy
for any building or premises lawfully existing at the time of enactment
of this chapter, certifying after inspection the extent and kind of
use made of the building or premises and whether or not such use conforms
to the provisions of this chapter. Application for such certificate
shall be made within 12 months after the date of enactment of this
chapter.
H.
Temporary certificate. Upon request of a holder of a building permit,
the Code Enforcement Officer may issue a temporary certificate of
use and occupancy for a structure, building, sign and/or land or portion
thereof before the entire work covered by the permit shall have been
completed, provided that such portion or portions may be used and/or
occupied safely without endangering life or public safety or welfare.
Such temporary certificates shall be for the period of time to be
determined by the Code Enforcement Officer, but in no case for a period
exceeding six months.
A.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge,
change, maintain or use any building or land in violation of any regulation
in or any provision of this chapter, or any amendment or supplement
thereto, or to fail to comply with any requirement or condition imposed
by the Board of Appeals.
B.
Any person who shall violate the provisions of this chapter and/or
shall fail to abide by and comply with notice(s) from the Code Enforcement
Officer or other designee in regard to violations of this chapter
shall be guilty of a municipal infraction and, upon issuance of a
citation for such municipal infraction by the Town of Snow Hill Code
Enforcement Officer, shall be liable for a fine in an amount not exceeding
$1,000 for each violation.
C.
Each day in which any such violation shall continue shall be deemed
a separate municipal infraction for which a separate citation may
be issued against the offending party and a separate fine (in an amount
not exceeding $1,000) may be imposed.
D.
All fines imposed hereunder are payable to the Town of Snow Hill
within 20 calendar days of service of the citation.
E.
Citations issued hereunder shall be served in accordance with Maryland
law. Any person served with a citation hereunder may elect to stand
trial for the infraction by notifying the Town of Snow Hill, in writing,
at least five days prior to the required deadline for payment of the
fine, of such person's intent to stand trial.
F.
Upon timely receipt of such notice, the Town of Snow Hill shall forward
to the Worcester County District Court a copy of the citation and
the written notice.
G.
If a person charged in a citation fails to pay the fine by the date
of payment set forth on the citation and fails to deliver to the Town
of Snow Hill the written notice of intent to stand trial, the person
shall be liable for the assessed fine.
H.
Citations issued hereunder shall contain the following:
(1)
The Code Enforcement Officer's certification attesting to the truth
of the matters set forth therein or that the citation is based on
an affidavit;
(2)
The name and address of the person charged;
(3)
The nature of the infraction;
(4)
The location and time of the occurrence of the infraction;
(5)
The amount of the fine being imposed;
(6)
The manner, location and time within which the fine must be paid;
(7)
The person's right to elect to stand trial for the infraction; and
(8)
The effect of failing to pay the assessed fine or demanding a trial
within the prescribed time period.
I.
The enforcement officer shall retain a copy of the citation to be
kept in the records of the Town of Snow Hill.
All building permits and permits of use and occupancy shall
be revocable for failure to comply with all applicable requirements
and conditions.
In case any building is or is proposed to be located, erected,
constructed, reconstructed, altered, repaired, converted, maintained
or used or any land is or is proposed to be used in violation of this
chapter or any amendment or supplement thereto, the Mayor and Council,
the Code Enforcement Officer or any adjacent or neighboring property
owner or resident who would be aggrieved by such violation, in addition
to other remedies provided by law, may institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent,
restrain, correct or abate such unlawful location, maintenance or
use, to prevent the occupancy of said building or land or to prevent
any illegal act, conduct, business or use in or about such premises.
A.
The Town shall establish a schedule of fees, charges and expenses
and a collection procedure for applications for certificate of use
or occupancy, building permit, zoning appeal cases, zoning and map
amendments, permits, site plans, sign permits and other matters pertaining
to this Zoning Chapter. Such schedule shall be available at the Town
office. The Mayor and Council may amend the fee schedule by resolution.
B.
These fees may include the cost of the consulting services of an
independent engineer, architect, landscape architect, land planner
or similar service as may be used to assist the Town in the review
of proposed development and improvement plans.
C.
Until all applicable fees, charges, and expenses have been paid in
full, no action shall be taken on any application or appeal pertaining
to this Zoning Chapter.
A.
Administrative variances.
(1)
An administrative variance may be granted by the Code Enforcement
Officer with the concurrence of the Planning Commission Chair for:
(a)
A request to vary a setback/yard requirement in a residential
district provided no structure or use encroaches closer than one foot
to any property line, nor results in the construction of a principal
structure located within 10 feet of another principal structure located
on an adjacent property.
(b)
A minor expansion of a nonconforming structure provided the
structure is not located within the critical area and subject to the
following limitations:
B.
Administrative variances in the critical area.
(1)
On a lot or parcel that was recorded before January 2, 1990, an administrative
variance in the critical area may be granted for the replacement,
expansion, or relocation of a legally existing, nonconforming structure,
or the construction of a new accessory structure within the buffer
or expanded buffer that meets the following conditions:
(a)
In the case of a replacement/relocation of a structure or the
expansion of a structure in the one-hundred-foot buffer or expanded
buffer; provided not located any further waterward:
(b)
In the case of a new accessory structure in the one-hundred-foot
or expanded buffer:
[1]
The new accessory structure will not be located any further
shoreward than the closest point of the existing primary structure;
[2]
The size of the new accessory structure will not exceed 30%
of the footprint of the primary structure as it existed on January
2, 1990;
[4]
The footprint of any new accessory structure approved by an
administrative variance shall be counted against the expansion of
a primary structure within the critical area.
C.
Standards for an administrative variance within the critical area.
For an administrative variance located within the critical area the
Code Enforcement Officer shall:
(1)
Approve, approve with conditions, or deny an administrative variance in the critical area pursuant to the standards for variances in § 200-33F(1), in Chapter 72, § 72-9B, and in Natural Resources Article § 8-1808(d);
(2)
Make written findings, based on competent and substantial evidence, as to whether the applicant has overcome the presumption of nonconformance established in Chapter 72, § 72-9A(1), including that the granting of the variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the critical area, and that the granting of the variance will be in harmony with the general spirit and intent of the critical area law and criteria; and
(3)
Base his/her written findings on evidence introduced and testimony
presented by the applicant, or any other government agency, or any
other person deemed appropriate by the Town, with due regard for the
person's experience, technical competence, and specialized knowledge.
(4)
A recommendation from the Planning Commission is required for all
administrative variances in the critical area.
D.
Standards for an administrative variance outside of the critical
area. For an administrative variance located outside of the critical
area, the Code Enforcement Officer shall approve or deny an administrative
variance pursuant to the standards for variances provided below.
(1)
In order to vary or modify the provisions of this chapter, the Code Enforcement Officer must determine that the application meets all of the criteria in § 200-33F(1).
(2)
The Code Enforcement Officer shall:
(3)
If the Code Enforcement Officer finds that the activity or structure
for which a variance is requested commenced without permits or approvals
and:
(a)
Does not meet each of the variance criteria under this subsection,
the Code Enforcement Officer shall deny the requested variance and
order removal or relocation of any structure and restoration of the
affected resources; or
(b)
Does meet each of the variance criteria under this subsection,
the Code Enforcement Officer may grant approval to the requested administrative
variance.
(4)
The Code Enforcement Officer may impose conditions on the use or
development of a property which is granted an administrative variance.
E.
Conditions and mitigation in the critical area.
(1)
Mitigation for development or redevelopment in the buffer management
area approved under the provisions of this subsection shall be implemented
as follows:
(a)
Natural forest vegetation of an area twice the extent of the
footprint of the development activity within the one-hundred-foot
buffer shall be planted on site in the buffer or at another location
approved by the Code Enforcement Officer.
(b)
Applicants who cannot fully comply with the planting requirement in Subsection E(1)(a) above may offset by removing an equivalent area of existing lot coverage in the buffer.
(c)
Applicants who cannot comply with either the planting or offset requirements in Subsection E(1)(a) or (b) above shall pay $1.50 per square foot into a fee-in-lieu program.
[1]
Any fees-in-lieu collected under these provisions shall be placed
in an account that will assure their use only for projects within
the critical area to enhance wildlife habitat, improve water quality,
or otherwise promote the goals of Snow Hill's Critical Area Ordinance.[2] The funds cannot be used to accomplish a project or measure
that would have been required under existing local, state, or federal
laws, regulations, statutes, or permits. The status of these funds
must be reported to the Critical Area Commission in the jurisdiction's
quarterly reports.
[2]
Any required mitigation or offset areas shall be protected from
future development through an easement, development agreement, plat
notes or other instrument and recorded among the land records of the
County.
(2)
For mitigation for development within the one-hundred-foot buffer
the Code Enforcement Officer shall impose conditions on the use or
development of a property which is granted an administrative variance
as he or she may find reasonable to ensure that the spirit and intent
of this chapter is maintained including, but not limited to, the following:
(a)
Adverse impacts of development or redevelopment activity resulting
from the granting of the variance shall be mitigated as recommended
by the Code Enforcement Officer, but not less than by planting on
the site at the rate of at least three to one per square foot of the
variance granted plus the square footage of the canopy removed per
COMAR 27.01.09.01C and Table H.
(b)
New or expanded structures or lot coverage shall be located
the greatest possible distance from mean high water, the landward
edge of tidal wetlands, tributary streams, nontidal wetlands, or steep
slopes.
(c)
Mitigation plantings shall be located in the following order
of priority: within the one-hundred-foot buffer, within the expanded
buffer, on-site and adjacent to the buffer; and on site and elsewhere
in the critical area.
(3)
The Code Enforcement Officer shall require a buffer management plan
in accordance with COMAR 27.01.09.01-3.
F.
Approval time and notice requirements.
(1)
The Code Enforcement Officer shall, at least 14 days before acting
on any application for an administrative variance, post on the land
or building involved a notice of the application.
(2)
The Code Enforcement Officer shall send written notice of an application
for administrative variance to adjacent property owners by registered,
certified or first class mail. The "date of notice" shall be the date
the notice is mailed. The notice shall specify that the Code Enforcement
Officer will approve or disapprove the administrative variance request
not less than 21 days after the date of notice. If written notice
is provided by first class mail, then an affidavit that such notice
has been sent must be filed with the application.
(3)
The notice required to be served upon adjacent property owners shall
contain the following information:
(a)
Name and address of the applicant;
(b)
Address and location of the property for which the administrative
variance is sought;
(c)
Current zoning of the property for which the administrative
variance is sought;
(d)
The administrative variance requested and the reason for the
requested administrative variance;
(e)
The application file number; and
(f)
Contact information for the Code Enforcement Officer.
(4)
The Critical Area Commission shall receive a copy of the application
for an administrative variance in the critical area at least 15 days
prior to any hearing on such matter and shall receive a copy of the
finding.
(5)
If an adjoining property owner objects to the application, in writing, prior to the date the Code Enforcement Officer renders the decision on the application, then the application shall be transferred to the Board of Appeals for a decision as provided in § 200-33 for non-critical area applications and Chapter 72, § 72-9, for critical area applications. In addition, the Chairman of the Critical Area Commission may appeal an action or decision to grant an administrative variance in the critical area, even if the Chairman was not a party to or is not specifically aggrieved by the action or decision.
(6)
The Code Enforcement Officer shall approve or disapprove an application
for an administrative variance not less than 21 days after the date
of notice on the application nor more than 90 days after the application
for the variance is received.
G.
Expiration of administrative variance.
(1)
An administrative variance shall be implemented within 12 months
following the date of approval.
(2)
Upon written request before expiration of the initial time limit
and for good cause shown, the Code Enforcement Officer may extend
the administrative variance approval for not more than one like period.
Failure to implement the approval within the prescribed time voids
the approval.
