[HISTORY: Adopted by the Board of County Commissioners of Allegany County 9-9-2004 by Bill No. 5-04, effective 11-1-2004 (Ch. 58 of the 1984 Code). Amendments noted where applicable.]
LaVale Sanitary District — See Ch. 127.
Special taxing areas — See Ch. 166.
Land development — See Ch. 360.
Editor's Note: This bill also repealed former Ch. 58, LaVale Zoning District, adopted by Ch. 228 of 1957, as amended. This former Ch. 58 was also amended by Bill No. 6-04, adopted 9-9-2004, effective 9-9-2004, entitled "An Emergency Bill Entitled 'Use of LaVale Zoning Board Funds." Said Bill No. 6-04 provided that former § 58-5, Contributions to rescue squad, be amended to read as follows:
§ 58-5. Use of funds.
LaVale Zoning Board may only expend funds in its possession or which it may collect pursuant to its authority for the enforcement and administration of the LaVale Zoning Ordinance and for no other purpose. It shall be unlawful for the LaVale Zoning Board to make any contributions to any other organizations without the express approval of the Allegany County Commissioners. A violation of this provision of the Allegany County Code shall constitute a misdemeanor and shall be subject to a fine of $1,000 for each act in violation hereof."
The provisions of this chapter shall apply and be effective in the boundaries of LaVale Election District No. 29, as set forth in § 127-6 of Chapter 127, LaVale Sanitary District, said boundaries being the same as the present physical boundaries of Election District No. 29, Allegany County, except, however, that portion of said boundaries and of said Election District No. 29 as are set forth in § 166-35 of Chapter 166, Taxing Areas, Special, Article IX, Cresaptown Special Taxing District, that section defining the limits of the Cresaptown Special Taxing Area or district, and this chapter does not intend to and does not include in its provisions any application to any part of the Cresaptown Special Taxing Area or District.
Pursuant to authority previously granted, the former LaVale Zoning Board established a LaVale Zoning Ordinance with amendments. Said ordinance, as amended as of January 1, 1998, shall remain in full force and effect in the LaVale Zoning District.
The Board of County Commissioner may from time to time make amendments to the LaVale Zoning Ordinance, which amendments shall be consistent with the Master Plan for Allegany County, and said amendments shall first be considered by the Allegany County Planning Commission in accordance with the same procedures which said Commission would consider for any amendments to the Allegany County Zoning Law.
The LaVale Zoning Ordinance shall be administered and enforced by Allegany County in the same manner as the Allegany County Zoning Law is administered and enforced. Specifically, the provisions of Article XXIII, § 360-107, shall specifically apply to the administration and enforcement of the LaVale Zoning Ordinance.
Any appeals provided for in the LaVale Zoning Ordinance or provided for in § 360-107 as applicable to the LaVale Zoning Ordinance, shall be conducted by the Allegany County Board of Zoning Appeals in accordance with § 360-108 of Chapter 360, Article XXIII, of the County Code. Appeals from the Board of Zoning Appeals shall be taken to the Circuit Court for Allegany County in accordance with § 360-108H, of the Allegany County Code.
The LaVale Zoning Board is hereby abolished, and said incumbent board shall deliver all records and property of the LaVale Zoning Board, as well as all moneys and financial assets to Allegany County within 30 days of the effective date of this chapter. Failure to do so shall constitute a misdemeanor subject to a fine not to exceed $500, with each day exceeding 30 days constituting a separate offense.
Any person violating any provision of the LaVale Zoning Ordinance, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined an amount to be established from time to time by the County Commissioners. Each day the violation continues may be deemed a separate offense. In addition, Allegany County may pursue civil fines or penalties or any other remedies as provided for in § 360-107 of the Allegany County Code.