A.
Amendment procedure.
(1)
Planning Commission. All proposed amendments, whether
an amendment in text or a modification of a zoning district boundary,
shall be submitted, in writing, to the Planning Director.
(a)
The Planning Director shall then schedule a
review of the proposal before the Commission at which time he shall
present a staff report describing the relationship of the proposed
change to the general purpose and intent of the chapter, to the Comprehensive
Plan and facts existing in the vicinity of the proposed change and
other factors that may warrant a change to the district boundaries
or to the rules and regulations of this chapter.
(b)
Once the Planning Director's report has been
entered into the Commission's record, the Commission shall render
its recommendation to the County Council within 60 days.
(2)
County Council. Subsequent to the Planning Commission's
review and recommendation, the Planning Director shall notify the
Council Administrator of the proposed amendments.
[Amended 10-17-2006 by Bill No. 2006-11]
(a)
If the County Council elects to hold a separate
public hearing, the Council Administrator shall arrange for a notice
to be published in a paper of general circulation in Wicomico County
setting forth the time and place of the public hearing, at least 10
days prior to the established hearing date.
(b)
A notice of the meeting shall also be posted
on the property under consideration.
(3)
Legislation. All amendments to the Zoning Chapter
shall be considered as legislative acts and processed in accordance
with all rules pertaining to such acts.
B.
Council review of amendment. The Planning Director's
report and the Planning Commission's recommendation shall accompany
the amending bill when it is presented to the County Council for official
action. No amendment, supplement, change or modification or repeal
by the County Council shall become effective until after a public
hearing has been held, at which time all interested parties and citizens
shall have an opportunity to be heard.
C.
Reapplication for amendment. No application for an
amendment, supplement, change or modification or repeal requesting
the same relief in regard to the same property shall be received by
the Planning Commission for a period of one year following the County
Council's decision in the matter.
A.
Authority. The County Council, in order to assure
conformity with the intent and purpose of this chapter, at the time
of zoning or rezoning of any land or lands pursuant to the provisions
of this chapter, may impose additional restrictions, conditions or
limitations as may be deemed appropriate and shall have the authority
to:
(1)
Preserve, improve or protect the general character
and design of the lands and improvements being zoned or redistricted.
(2)
Preserve, improve or protect the surrounding or adjacent
lands and properties.
(3)
Approve or disapprove the design of all buildings,
the type of construction and landscaping or screening.
(4)
Approve or disapprove the design of the site, including
all ingress or egress points.
(5)
Approve or disapprove any alterations or changes to
be made to the buildings or land area.
B.
Conditional zoning or rezoning procedures.
(1)
Planning Commission review. The Planning Commission,
during its review, prior to a recommendation to the County Council,
may consider conditional zoning.
(2)
Once the Commission's recommendation is received by
the Council, any changes to recommended conditions to be sought may
be made by the Council without returning to the Planning Commission
for further recommendation.
(3)
Public hearing by the Council and publication of conditions.
The provisions of this chapter relative to a public hearing and the
official notice of said hearing shall apply equally to applications
for conditional zoning and to the publication of restrictions, conditions
or limitations sought to be imposed on improvements or changes to
be made on the subject land.
(4)
Amendment to conditions. Once adopted by the Council,
amendments or changes to restrictions, conditions or limitations shall
be made in accordance with the procedures followed in the original
application.
C.
Form of conditions.
(1)
Restrictions, conditions or limitations sought to
be imposed shall be adopted by the County Council as part of the action
approving any proposed zoning or reclassification or by separate action.
(2)
Said act shall contain, as a minimum, the following
information:
(a)
A description of the property affected by the
conditions imposed.
(b)
The zoning classification of the property affected
by the conditions imposed.
(c)
The name of the owners of record and, if under
option, the prospective owners.
(d)
Maps, drawings or illustrations that may more
fully or clearly illustrate said conditions, provided that any illustrative
documents approved as part of the proposed conditions shall be clearly
labeled as a part of the approving document.
(e)
The method of assuring compliance with all conditions
imposed, including the title of the department, agency or official
responsible for enforcement, as determined by the County Council.
[Amended 10-17-2006 by Bill No. 2006-11]
In case any building or structure is constructed,
extended, altered, repaired, changed, converted or maintained, or
any building, structure or land is used in violation of this chapter,
the County Executive, in addition to other remedies, may institute
any appropriate action or proceeding to:
A.
Prevent such unlawful construction, extension, alteration,
repair, change, conversion, maintenance or use;
B.
Restrain, correct or abate such violation;
C.
Prevent the occupancy of said building, structure
or land; or
D.
Prevent any act, conduct, business or use in violation
of this chapter in or about such premises.
A.
Civil zoning violation. Any person who shall erect,
construct, reconstruct, extend, alter, repair, change, convert, use
or maintain any building or structure or use any land or change the
use of any land or building in violation of this chapter shall be
guilty of a civil zoning violation and shall be subject to a fine
not to exceed $500 per violation. Each day the violation continues
shall constitute a separate violation.
B.
Issuance by citation. The officers authorized by the
Planning Director to enforce the Zoning Code may issue citations for
civil infractions of this chapter.
C.
Persons responsible. The owner or tenant of any building,
structure, premises or part thereof and any architect, builder, contractor,
agent or other person who commits, participates in, assists in or
maintains such violation may each be found guilty of a separate offense
and suffer the penalties herein provided.
D.
Violation of conditions. When conditions are made a part of approvals granted by the Board of Appeals or Planning Commission under the terms of this chapter, a violation of those conditions shall be deemed a violation of this chapter and shall be subject to the provisions of Part 2 and, at the discretion of the Board of Appeals, after notice and hearing, shall be grounds for termination or revocation of the zoning authorization.
E.
Other enforcement options. Nothing herein contained
shall prevent the county from revoking a permit, special exception,
variance or approval from the offender or from taking such other lawful
action as is necessary to prevent or remedy any violation of this
chapter.
Greater restriction governs. In the event of
a conflict between provisions within this chapter, or between this
chapter and any other statute, local ordinance or regulation, the
provision imposing the greater restriction shall govern.
