A.
It shall be unlawful to begin the excavation, erection, construction,
reconstruction, extension, conversion or structural alteration of
any building or use without first obtaining a zoning certificate therefor
from the Code Enforcement Officer.
B.
The applicant for a zoning certificate shall file a written application
with the Code Enforcement Officer and, in addition, shall submit a
plan showing the actual shape and dimensions of the lot to be built
upon or to be changed in its use, in whole or in part, and the exact
location of any use, and dimensions of a building or structure to
be erected or altered.
It shall be unlawful for any property owner or owners to use
or permit the use of their property without first obtaining an occupancy
certificate from the Code Enforcement Officer. Such certificate shall
show that the property and the proposed use thereof are in conformity
with the provisions of this chapter.
All zoning certificates and certificates of occupancy shall
be revocable, subject to continued compliance with all requirements
and conditions of this chapter.
A.
A filing fee shall accompany each application for a zoning certificate
and, in cases where no zoning certificate is required, a fee shall
accompany each application for an occupancy certificate.
B.
The Town shall establish a schedule of fees, charges and expenses
and a collection procedure for applications for zoning appeal cases,
zoning and map amendments, permits, site plans, sign permits and other
matters pertaining to this Zoning chapter. Such schedule shall be
available at the Town office. The President and Town Commissioners
may amend the fee schedule by resolution.
C.
These fees may include the cost of the consulting services of an
independent engineer, architect, attorney, landscape architect, land
planner or similar service as may be used to assist the Town in the
review of proposed development and improvement plans.
D.
Until all applicable fees, charges, and expenses have been paid in
full, no action shall be taken on any application or appeal pertaining
to this Zoning chapter.
A.
Prior to issuing a zoning certificate or building permit for construction,
expansion or change in use, a site plan and supporting documentation
shall be submitted to the Planning and Zoning Commission for its review
and approval.
B.
The purpose of site plans is to ensure detailed compliance with applicable
provisions of enacted regulations and to prescribe standards for the
design and construction of site improvements. Development requiring
site plan approval shall be permitted only in accordance with all
specifications contained on an approved site plan, and shall not be
undertaken until the site plan is approved and all required construction
permits have been obtained subsequent to such approval.
C.
Applicability. All development or land use activities within the
Town shall require site plan review before being undertaken, except
the following:
(1)
Construction or expansion of a single-family dwelling, two-family
dwelling and ordinary accessory structures, and related land use activities.
(2)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance or interior alterations to existing
structures or uses.
(4)
Exterior alterations or additions to existing structures that the
Code Enforcement Officer determines do not require a site plan.
(5)
Agricultural or gardening uses.
D.
Site plan applications shall include the information listed in Appendix
A[1] for preliminary and final site plans. The Code Enforcement
Officer may at his or her discretion waive any information or preliminary
requirements which are not relevant to the proposed use and site.
[1]
Editor's Note: Appendix is included as an attachment to this
chapter.
E.
The Planning and Zoning Commission's review of the preliminary
site plan shall include, but is not limited to, the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation,
including emergency vehicle access.
(2)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(3)
Location, arrangement, size and design of buildings, lighting and
signs.
(4)
Relationship of the various uses to one another and their scale.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and noise buffer between adjacent uses and adjoining
lands.
(6)
Adequacy of stormwater and sanitary waste disposal.
(7)
Adequacy of structures, roadways and landscaping in areas susceptible
to flooding and ponding or erosion.
(8)
Compatibility of development with natural features of the site and
with surrounding land uses.
(9)
Adequacy of floodproofing and flood prevention measures consistent
with the flood hazard prevention regulations of the Federal Emergency
Management Agency.
(10)
Adequacy of open space for play areas, informal recreation and
the retention of natural areas such as wildlife habitats, wetlands
and wooded areas.
(11)
Adequacy of pedestrian access.
F.
The Code Enforcement Officer may require additional information which
appears necessary for a complete assessment of the project.
G.
Site plans shall be prepared and certified by an engineer, architect,
landscape architect, or land surveyor duly registered to practice
in the State of Maryland.
H.
Upon receipt, the Planning and Zoning Commission shall review the
site plan, soliciting comments from other departments, agencies, and
officials as may be appropriate.
I.
When all required plans and data have been received, and if the Planning
and Zoning Commission finds that a proposed final plan is in accordance
with and represents detailed expansion of the preliminary plan heretofore
approved; is in conformance with the provisions of this chapter, the
Building Code, and Subdivision Regulations; and that it complies with
all of the conditions which may have been imposed in the approval
of the preliminary plan or in the review of the final plan by the
Planning and Zoning Commission, the Planning and Zoning Commission
shall approve such final plan within 30 days from the date of the
meeting.
J.
Construction of required improvements.
(1)
Upon approval of a site plan, the applicant shall then secure the
necessary construction permits from appropriate agencies before commencing
work. The applicant may construct only such improvements as have been
approved by the Planning and Zoning Commission or appropriate Town
review and approval agencies.
(2)
The Town may require inspection of the resulting improvements after
construction has been completed.
A.
It shall be the duty of the Code Enforcement Officer to administer
and cause the enforcement of the provisions of this chapter in accordance
with this article.
B.
A zoning or occupancy certificate shall not be issued for any use,
building or purpose if the same would be in conflict with the provisions
of this chapter.
A.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge,
change, maintain or use any building or land in violation of any regulation
or provision of this chapter or any amendment or supplement thereto
or fail to comply with any reasonable requirement or condition imposed
by the Town, Planning and Zoning Commission and/or Board of Appeals.
