This chapter shall be administered by the Zoning
Administrator. Appeals from the decision of the Zoning Administrator
may be taken to the Board of Appeals as provided.
Zoning certificate required. It is unlawful to commence
the excavation for or the construction of any building, including
accessory buildings, or to commence the moving, alteration or change
of use of any land or buildings, including accessory buildings, in
whole or in part, until the Zoning Administrator has issued a zoning
certificate for such work.
In applying to the Zoning Administrator for a zoning
certificate, the applicant shall submit a plat in duplicate, drawn
to scale, showing the name of the person making the application, the
actual dimensions of the lot to be built upon as shown by a survey,
size, shape and location of the building to be erected and such other
information as may be necessary to provide for the enforcement of
this chapter. Where no buildings are involved, the location of the
current use and/or proposed use on the lot shall be shown. The application
and/or plan shall include such other information as may reasonably
be required by the Zoning Administrator to determine conformance with
and to provide for the enforcement of this chapter. This section is
applicable to the construction of signs.
The Zoning Administrator shall approve the issuance
of a zoning certificate only if the application complies with the
provisions of this chapter, and provided that such zoning certificate
shall be conditioned where necessary on the approval of all reviewing
agencies and the Planning Commission, and provided the application
is accompanied by the required fee. If the proposed excavation or
construction, as set forth in the application, is not in conformity
with the provisions of this chapter and other ordinances of the Town
of New Windsor, the Zoning Administrator shall refuse to issue a zoning
certificate, and state such refusal in writing, with the cause. A
record of applications, plats and action shall be maintained in the
Office of the Zoning Administrator. If a zoning certificate is issued,
such approval and issuance does not sanction variance from the terms
of this chapter and shall not be construed as waiving any of those
terms.
A site plan shall be required for the following uses
(Where subdivision regulations apply, site plan and preliminary subdivision
plat submitted as one plat meeting both sets of requirements.):
A site plan shall have the same format as the preliminary
plat as required by Chapter 120, Subdivision of Land, and be subject
to the same guaranty of improvements for all on-site improvements
as required by this chapter.
Site plan approval. Site plan approval may be granted
by the Planning Commission. The site plan shall be submitted at least
30 days prior to the meeting at which it is to be considered.
Zoning certificate may become void. A zoning certificate
shall become void one year from the date of issuance if the construction
or use for which the zoning certificate has been issued has not been
started.
Zoning certificate fee schedule. To partially defray
the expense of administering this chapter, a fee shall be paid to
the Town of New Windsor, Maryland, before any zoning certificate is
issued in accordance with the schedule established by resolution of
the Town Council.
If the Zoning Administrator shall find any of the
provisions of this chapter being violated, the Zoning Administrator
shall notify in writing, by first class mail, the owner or the person
responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it. Proof of mailing
shall be sufficient evidence that the notice was delivered, and notice
shall be deemed delivered upon the expiration of five days from the
date the notice was mailed. The Zoning Administrator shall order discontinuance
of illegal use of land, buildings, or structures, removal of illegal
buildings or structures or additions, alterations or structural changes
thereto; discontinuance of any illegal work being done; and shall,
unless compliance is met within a reasonable time, take any other
action authorized by this chapter to ensure compliance with or prevent
violation of its provisions.
The owner or agent of a building or premises in or
upon which a violation of any provision of this chapter has been committed
or shall exist or the lessee or tenant of an entire building or entire
premises in or upon which a violation has been committed or shall
exist or the agent, architect, building contractor or any other person
who commits, takes part or assists in any violation or who maintains
any building or premises in or upon which such violation shall exist
shall be guilty of a misdemeanor and shall be punished by a fine not
to exceed $100. Each and every day that such violation continues may
constitute a separate offense.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter, the appropriate
authorities of the Town of New Windsor, in addition to other remedies,
may institute injunction, mandamus or other appropriate action or
proceeding to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or to prevent the occupancy of
said building, structure or land.