[Added 2-11-2013 by Ord. No. 840]
A. There is hereby established the Department of Community Planning
and Development and the office of Director of said Department. For
purposes of this Code, any reference to the Zoning Administrator shall
be deemed to be a reference to the Director of Community Planning
and Development. Any person appointed to the office shall be qualified
by education, experience or training to administer and enforce the
provisions of this chapter. Any person so appointed shall maintain
no interest in any matter which may be construed by the Mayor and
Common Council of Westminster to be in conflict with the duties and
decisions of his office.
B. The Director of Community Planning and Development shall be responsible
for the administration and enforcement of this chapter and shall perform
such other duties as the Mayor and Common Council shall from time
to time direct. He shall have the authority to adopt rules, regulations
and procedures for the performance of his responsibilities and may
delegate, in writing, such responsibilities as he deems necessary.
C. Appeals may be made by any person, board, association, corporation, jurisdiction or official allegedly aggrieved by the grant or refusal of a zoning certificate, as authorized by the Annotated Code of Maryland, Land Use Article, Division I, as amended, or by any other administrative decision of the Director of Community Planning and Development based, in whole or in part, upon this chapter, including the Zoning Map. Such appeals shall be made to the Board in accordance with the provisions of Article
XXII of this chapter.
In addition to the responsibilities and duties assigned to the Planning Commission under the provisions of Article 66B of the Annotated Code of Maryland, 1978 Replacement Volume, and as hereinafter may be amended, and Chapter
7, Boards and Commissions, Article
II, Planning and Zoning Commission, of the Code of Westminster, the Commission shall exercise the responsibilities and functions provided in this chapter. In that connection, the Commission is authorized to adopt rules and regulations which it deems appropriate relating thereto.
[Added 4-28-2003 by Ord. No. 701]
A. Authorization to grant.
(1)
In accordance with § 4.05(d) of Article
66B of the Annotated Code of Maryland, the Planning Director (Director)
is authorized to grant administrative adjustments from the following
requirements contained in this chapter:
[Amended 1-28-2008 by Ord. No. 774]
(a)
Local height requirements;
(b)
Local setback requirements;
(d)
Local parking requirements;
(e)
Local loading, dimensional, or area requirements;
or
(f)
Similar local requirements.
(2)
The Director may grant such adjustments in cases
where the strict compliance with the requirements of this chapter
would result in practical difficulty or unreasonable hardship which
has not been caused by the applicant. Nothing in this section is intended
to permit the Director to permit an adjustment to state or City requirements
that are intended to protect environmentally sensitive areas, such
as streams, slopes. wetlands, natural heritage areas or critical areas.
This section does not authorize the Director, under the guise of an
adjustment, to change the use of land.
B. The criteria and procedures regarding the granting
of administrative adjustments shall be adopted by the Director and
approved by resolution of the Mayor and Common Council. Any decision
by the Director on an application for an administrative adjustment
shall include written findings of fact
C. The Mayor and Common Council is authorized to establish
fees for the review of administrative adjustment requests as provided
in the General Fee Ordinance.
[Amended 11-24-2008 by Ord. No. 792]
D. The final action of the-Director on an application
for approval of an administrative adjustment may be appealed by any
person aggrieved by such action to the Circuit Court for Carroll County.
Any such appeal shall be taken in accordance with the Maryland Rules
of Procedure as set forth in Title 7, Chapter 200.
In addition to any other remedies provided by
law, any violation of this chapter is declared to be a municipal infraction.
The penalty for violation shall be $400. Each day a violation continues
to exist shall constitute a separate offense.