This chapter shall be known and may be cited as the "Smithsburg
Zoning Ordinance."
The purpose of this chapter is to promote the public health,
safety, morals or the general welfare of the present and future inhabitants
of Smithsburg by:
A. Giving reasonable consideration, among other things, to the character
of districts and their suitability for particular uses.
B. Encouraging orderly development and the most appropriate use of lands.
C. Conserving the value of land and buildings.
D. Promoting the conservation of natural resources.
E. Preventing environmental pollution.
F. Promoting health and the general welfare.
G. Avoiding undue concentration of population.
H. Providing for adequate light and air.
I. Securing safety from fire, panic and other dangers.
J. Lessening congestion in the roads and streets.
K. Facilitating the adequate provision of transportation, parking, water,
sewerage, parks and other public facilities.
L. Giving effect to the policies and proposals of the Comprehensive
Development Plan for the Town of Smithsburg, Maryland.
In interpreting and applying this chapter, its provisions shall
be held to be the minimum requirements for promoting the public health,
morals, safety, comfort, convenience and general welfare, except that
when the provisions imposed by any statute, other ordinance, rule,
regulations or permit or by any easement, covenant, or agreement are
more restrictive than the provisions of this chapter, the provisions
of such statute, other ordinance, rule, regulations, permit, easement,
covenant or agreement shall prevail.
It is hereby declared to be the legislative intent that the
provisions of this chapter are separable, whereby:
A. If a court of competent jurisdiction declares any provision of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to the provision expressly stated
in the court's decision, and all other provisions of this chapter
shall continue to be separately and fully effective, the Mayor and
Town Council hereby declaring that it would have adopted the remaining
provisions without the word, phrase, clause, item, sentence, paragraph
or section, or the application thereof, so declared invalid.
B. If a court of competent jurisdiction finds the application of any
provision of this chapter to any lot, building or other structure
or tract of land to be invalid or ineffective, in whole or in part,
the effect of such decision shall be limited to the person, property
or situation immediately involved in the court's decision, and
the application of any such provision to other persons, properties
or situations shall not be affected thereby.