[Added 2-11-2013 by Ord. No. 840[1]]
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.
[1]
Editor's Note: This ordinance also repealed former § 164-156,
Zoning Administrator.
A.
Except as otherwise provided, it shall be unlawful
for an owner to use or to permit the use of any building, structure
or land or part thereof hereafter created, erected, changed, converted
or enlarged, wholly or partly, until a zoning certificate shall have
been issued by the Zoning Administrator. A fee shall be charged for
each zoning certificate issued as provided in the General Fee Ordinance.[1] A zoning certificate shall be revocable for failure to
comply with all requirements and conditions.
[Amended 11-24-2008 by Ord. No. 792]
B.
All applications for zoning certificates shall state
the name and address of the applicant and the name and address of
the owner of the property and shall be accompanied by plans drawn
approximately to scale, showing the dimensions and shape of the lot
to be built upon, the size and location of existing buildings, if
any, and the location and dimensions of the proposed building or alteration.
Where no buildings are involved, the location of the proposed use
to be made of the lot shall be shown. The application and/or plans
shall authorize the Zoning Administrator to inspect the property and
shall include such other information as may be reasonably required
by the Zoning Administrator to determine conformance with and provide
for the enforcement of this chapter. All applications and plans shall
be retained in the office of the Zoning Administrator, who shall furnish
copies of them at a reasonable cost to any person upon request.
C.
The Zoning Administrator shall approve the issuance of a zoning certificate only if the application complies with the requirements of this chapter, and provided that such zoning certificate shall not be granted until all agencies concerned have given their approval, including the site plan approval required under Article XXV.
D.
No departments, officials or public employees which
are vested with the duty or authority to issue permits or licenses
shall issue any permit or license for any use, building or purpose
if the same would be in conflict with the provisions of this chapter.
Any permit or license issued in conflict with the provisions of this
chapter shall be null and void.
E.
A zoning certificate shall become void 12 months after
the date of issuance if the construction or use for which the certificate
was issued has not been initiated.
F.
Construction or use under prior zoning certificate.
Where a zoning certificate has been validly issued prior to the adoption
of this chapter, the construction or use so authorized may be completed
or continued in accordance with the conditions then required, provided
that such construction or use shall have been started within 12 months
of the date of issuance of such zoning certificate and is completed
within a reasonable time under the particular circumstance. Where
an appeal is pending for a conditional use under the terms of the
Interim Zoning Ordinance No. 355 and which has been filed not more
than 90 days prior to the adoption of this chapter, the Board shall
consider such appeal under the terms of Interim Zoning Ordinance No.
355, provided that all papers constituting the appeal have been filed
with the Zoning Administrator prior to the adoption 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]
(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
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.
