A.
Administration and enforcement; zoning certificates, building permits,
and occupancy permits. There is hereby established the office of Zoning
Inspector. The Zoning Inspector shall be appointed by the President
of the Town Commissioners and confirmed by a majority vote of the
Town Commissioners.
B.
It shall be the duty of the Zoning Inspector to administer and enforce
the provisions of this chapter. Such duties shall include:
(1)
Receive and review all applications for zoning certificate permits.
(2)
Approve/disapprove such applications based on compliance or
noncompliance with the provisions of this chapter and plans, and issues
certificates when there is compliance.
(3)
Suspend or revoke a permit issued under the provisions of this
chapter whenever the permit is issued erroneously based on incorrect
information supplied by the applicant or his agent and violates any
of the provisions of any of the ordinances or regulations of the Town.
(4)
Inspect suspected violations of this chapter and, if appropriate,
order the violator in writing of required actions to correct any violation,
and inform the violator in writing of rights to appeal a decision.
(5)
Conduct field inspections and investigations.
(6)
Processes applications to assist the Planning Commission in
formulating recommendations.
(7)
Notify the applicant, in writing, of any decision of the Planning
Commission and implements the decisions of the Planning Commission.
(8)
Receive all applications for appeals, variances, or other matters
which the Board of Zoning Appeals is required to decide.
(9)
Prepare such applications for appeals, variances, special exceptions,
or other matters to the Board of Zoning Appeals and refers them with
recommendations to the Board of Zoning Appeals.
(10)
Receive and process all applications for amendments to the Zoning
Ordinance and/or Official Zoning Map, and otherwise processes the
applications and prepares recommendations to the Planning Commission.
(11)
Maintain a map or maps showing the current zoning classifications
of all land in the Town.
(12)
Maintain written records of all actions taken by the Zoning
Inspector.
(13)
Meet with the Planning Commission upon request.
(14)
Provide forms necessary for the various applications to the
Zoning Inspector, Planning Commission, or Board of Zoning Appeals
as is required by this chapter and be responsible for the information
necessary on such forms for the effective administration of this chapter,
subject to the general policies of the Planning Commission and Board
of Zoning Appeals.
C.
All departments, officials, and public employees of the Town, which
are vested with the authority to issue permits or licenses, shall
conform to the provisions of this chapter. They shall not issue any
permit or license for any use, building, structure, or purpose which
would conflict with the provisions of this chapter. Any permit or
license issued in conflict with the provisions of this chapter shall
be null and void.
D.
If the Zoning Inspector finds that any of the provisions of this
chapter are being violated, he/she shall notify in writing the person
responsible for such violations, indicating the nature of the violation
and ordering the action necessary to correct it. The Zoning Inspector
shall order the discontinuance of illegal use of land, buildings,
or structures, removal of illegal buildings or structures or additions,
alterations, or structural changes thereto. The Zoning Inspector shall
order the discontinuance of any illegal work being done or may take
any other action authorized by this chapter to ensure compliance with
or to prevent violations of its provisions.
A.
Regulated activities and applicability. The Zoning Inspector shall
review a permit or license for a development or redevelopment activity
in the critical area for compliance with this chapter before issuance
of that permit or license.
B.
Town, county, and state development projects.
(1)
Applicability. For all development in the critical area resulting
from any Town, county, or state agency, the Town shall adhere to COMAR
27.02.02, COMAR 27.02.04, and COMAR 27.02.06.
(2)
Procedures. The sponsoring agency of any development project
within the Town's critical area shall work with the Zoning Inspector
to identify the appropriate procedures for determining compliance
with this article.
(a)
If the project meets the provisions of this article and is locally
significant, the Zoning Inspector shall prepare a consistency report
and submit a copy of the report with relevant plans and information
about the project to the Critical Area Commission per the requirements
of COMAR 27.02.02.
(b)
If the project does not meet the provisions of this article,
the Zoning Inspector shall seek a conditional approval by the Critical
Area Commission per the requirements of COMAR 27.02.06.
(c)
The Town shall submit information as required in the Critical
Area Commission's Local Project Submittal Instructions and Application
Checklist.
(3)
New major development by the Town or a state or county agency
shall, to the extent practicable, be located outside the critical
area. If the siting of the development in the critical area is unavoidable
because of water dependency or other locational requirements that
cannot be satisfied outside the critical area, the Zoning Inspector
shall request approval from the Critical Area Commission and provide
the following information:
(4)
Notice requirements for projects reviewed and approved by the
Critical Area Commission. Public notice is required for all development
projects that qualify under COMAR 27.03.01.03. Public notice shall
be the responsibility of the Town, state or county agency proposing
the project and the agency shall as part of its submittal to the Critical
Area Commission, provide evidence that:
(a)
Public notice was published for one business day in a newspaper
of general circulation in the geographic area where the proposed development
would occur, including the following information:
[1]
The identity of the sponsoring Town, state or county agency;
[2]
A description of the proposed development;
[3]
The street address of the affected land and a statement that
its location is in the critical area; and
[4]
The name and contact information of the person within the sponsoring
Town, state or county agency designated to receive public comment,
including a fax number and e-mail address, and the deadline for receipt
of public comment.
(b)
At least 14 days were provided for public comment; and
(c)
The property proposed for development was posted per the provisions
for posting in Subection B(7).
(5)
In addition to the public notice required in Subection B(4)(a),
the Town may provide for public notice by electronic posting on its
website, on the website of a newspaper of general circulation in the
geographic area where the proposed development would occur, or by
notification to a neighborhood association or residents of a particular
geographic area.
(6)
Evidence of public notice to be submitted to the Commission
shall include the following documentation:
(7)
Posting requirements for projects reviewed and approved by the
Critical Area Commission. For projects that qualify for public notice,
the sponsoring agency shall ensure that a sign is posted on the property.
The posting shall meet the following requirements:
(a)
Shall consist of at least one sign that is a minimum of 30 inches
by 40 inches in size;
(b)
The sign clearly:
[1]
Identifies the sponsoring agency;
[2]
Describes the proposed development;
[3]
Provides the street address of the affected land and states
that it is in the critical area; and
[4]
States the name and contact information of the person within
the sponsoring agency designated to receive public comment, including
a fax number and e-mail address, and the deadline for receipt of public
comment.
(c)
On a date not later than the date on which the notice is published
in the newspaper, the sign shall be posted in a conspicuous location
on the development site and remain there until after the Critical
Area Commission has voted on the development; and
(d)
For development that extends more than 1,000 linear feet in
road frontage, at least one sign shall be posted at each end of the
affected land on which the development is proposed.
C.
Notification of project approval. The Town shall send copies of applications
for all subdivisions and site plans wholly or partially within the
critical area as specified in COMAR 27.03.01.04 to the Critical Area
Commission for review and comment.
(1)
The application shall be accompanied by a completed "Project
Notification Application" form downloaded from the Critical Area Commission's
website.
(2)
The Town may not process an application that has been sent to
the Critical Area Commission for notification until it has received
notice of receipt by the Critical Area Commission or the passage of
five business days, whichever comes first.
(3)
Any action by the Town in violation of these procedures shall
be void.
D.
Responsible agencies. All applicable provisions of this chapter shall
be implemented and enforced by the Zoning Inspector.
(1)
Should an infraction of the provisions contained in any law,
regulation, or plan related to this chapter be brought to the attention
of any Town official said official shall contact the Zoning Inspector.
E.
Consistency. The critical area provisions of this chapter, in accordance
with the Critical Area Law and Critical Area Regulations,[1] supersede any inconsistent law, chapter, or plan of the
Town Code. In the case of conflicting provisions, the stricter provisions
shall apply.
[1]
Editor's Note: See Title 8, Subtitle 18 of the Natural Resources
Article of the Annotated Code of Maryland and COMAR Title 27, respectively.
F.
Violations.
(1)
No person shall violate any provision of this article. Each
violation that occurs and each calendar day that a violation continues
shall be a separate offense.
(2)
Each person who violates a provision of this article shall be
subject to separate administrative, civil penalties, abatement and
restoration orders, and mitigation for each offense.
(3)
Noncompliance with any permit or order issued by the Town related
to the critical area shall be a violation of this article and shall
be enforced as provided herein.
G.
Responsible persons. The following persons may each be held jointly
or individually responsible for a violation:
H.
Required enforcement action. In the case of violations of this article,
the Town shall take enforcement action, including:
(1)
Assess administrative, civil penalties as necessary to cover
the costs associated with performing inspections, supervising or rendering
assistance with identifying and citing the violation, issuing abatement
and restoration orders, reviewing mitigation plans, and ensuring compliance
with these plans;
(2)
Issue abatement, restoration, and mitigation orders as necessary
to:
(a)
Stop unauthorized activity;
(b)
Restore and stabilize the site to its condition before the violation,
or to a condition that provides the same water quality and habitat
benefits; and
(c)
Require the implementation of mitigation measures, in addition
to restoration activities, to offset the environmental damage and
degradation or loss of environmental benefit resulting from the violation.
I.
Right to enter the property. Except as otherwise authorized and per
the procedures specified herein, the Town Commissioners or their designee
may obtain access to and enter a property, to identify or verify a
suspected violation, restrain a development activity, or issue a citation
if the Town has probable cause to believe that a violation of this
chapter has occurred, is occurring, or will occur. The Town shall
make a reasonable effort to contact a property owner before obtaining
access to or entering the property. If entry is denied, the Town may
seek an injunction to enter the property to pursue an enforcement
action.
J.
Administrative civil penalties. In addition to any other penalty
applicable under state or Town law, every violation of a provision
of the Critical Area Law or the critical area provisions of this chapter
shall be punishable by a civil penalty of up to $10,000 per calendar
day.
(1)
Before imposing any civil penalty, the person(s) believed to
have violated this chapter shall receive: 1) written notice of the
alleged violation(s), including which, if any, are continuing violations;
and 2) an opportunity to be heard. The amount of the civil penalty
for each violation, including each continuing violation, shall be
determined separately. For each continuing violation, the amount of
the civil penalty shall be determined per day. In determining the
amount of the civil penalty, the Town shall consider:
(a)
The gravity of the violation;
(b)
The presence or absence of good faith of the violator;
(c)
Any willfulness or negligence involved in the violation, including
a history of prior violations;
(d)
The environmental impact of the violation; and
(e)
The cost of restoration of the resource affected by the violation
and mitigation for damage to that resource, including the cost to
the Town for performing, supervising, or rendering assistance to the
restoration and mitigation.
(2)
Administrative, civil penalties for continuing violations shall
accrue for each violation, every day, each violation continues, with
no requirements for additional assessments, notice, or hearings for
each separate offense. The total amount payable for continuing violations
shall be the amount assessed per day for each violation multiplied
by the number of days that each violation has continued.
(3)
The person responsible for any continuing violation shall promptly
provide the Town with written notice of the date(s) the violation
has been or will be brought into compliance and the date(s) for Town
inspection to verify compliance. Administrative, civil penalties for
continuing violations continue to accrue as set forth herein until
the Town receives such written notice and verifies compliance by inspection
or otherwise.
(4)
Assessment and payment of administrative, civil penalties shall
be in addition to and not in substitution for payment to the Town
for all damages, costs, and other expenses caused by the violation.
(5)
Payment of all administrative, civil penalties assessed shall
be a condition precedent to the issuance of any permit or other approval
required by this chapter.
K.
Cumulative remedies. The remedies available to Town under this chapter
are cumulative and not alternative or exclusive, and the decision
to pursue one remedy does not preclude the pursuit of others.
L.
Injunctive relief. The Town is authorized to institute injunctive
or other appropriate actions or proceedings to bring about the discontinuance
of any violation of this chapter, an administrative order, a permit,
a decision, or other imposed conditions.
(1)
The pendency of an appeal to the Board of Zoning Appeals or
subsequent judicial review shall not prevent the Town from seeking
injunctive relief to enforce an administrative order, permit, decisions,
or other imposed condition, or to restrain a violation pending the
outcome of the appeal or judicial review.
M.
Variances pursuant to a violation. The Town may accept an application
for a variance regarding a parcel or lot that is subject to a current
violation of this subtitle or any provisions of an order, permit,
plan, or this chapter in accordance with the variance provisions of
this chapter. However, the application shall not be reviewed, nor
shall a final decision be made until all fines, abatement, restoration,
and mitigation measures have been implemented and inspected by the
Town.
N.
Permits pursuant to a violation. The Town may not issue any permit,
approval, variance, or special exception, unless the person seeking
the permit has:
(1)
Fully paid all administrative, civil, or criminal penalties
as set forth in Section J above;
(2)
Prepared a restoration or mitigation plan, approved by the Town,
to abate impacts to water quality or natural resources due to the
violation;
(3)
Performed the abatement measures in the approved plan in accordance
with the Town regulations; and
(4)
Unless an extension of time is approved by the Town because
of adverse planting conditions, within 90 days of the issuance of
a permit, approval, variance, or special exception for the affected
property, any additional mitigation required as a condition of approval
for the permit, approval, variance, or special exception shall be
completed.
A.
Zoning certificate. No building or other structure shall be erected,
moved, added to, demolished, or structurally altered, or land used
or use of land changed without a zoning certificate therefor, issued
by the Zoning Inspector. No zoning certificate shall be issued except
in conformity with the provisions of this chapter, except after written
order from the Board of Zoning Appeals.
B.
Building permit. No person shall construct, cause to be constructed, or modify any structure within the Town except as provided in Chapter 108, Building Construction, of the Town Code.
C.
In addition to a zoning certificate, the following permits may be
required by the Zoning Inspector:
(1)
Applications Approved by the Board of Zoning Appeals. The Zoning
Inspector shall issue permits in conformance with the written authorization
of the Board of Zoning Appeals concerning administrative review appeals,
special exception permit appeals, dimensional variance appeals, or
other appeals as authorized in this zoning chapter.
(2)
Sign permits. No sign shall be created, erected, moved, added to, or structurally altered, nor shall any of said activities be commenced without a sign permit as provided in § 340-160.
(3)
Subdivision plats. If the permit involves the subdivision of
land, an approved subdivision plat shall be required, as provided
in Chapter 290, Subdivision of Land, of the Town Code.
A.
All applications for zoning certificates shall be accompanied by
site plans in duplicate, drawn to scale, showing:
(1)
The actual dimensions and shape of the lot to be built upon
(e.g., plot plan, boundary survey);
(2)
The exact sizes and locations on a lot of buildings already
existing, if any; and
(3)
The location and dimensions of the proposed construction or
alteration, including setbacks from property lines.
B.
The application shall include such other information as lawfully
may be required by the Zoning Inspector, including:
(1)
Existing or proposed building or alteration;
(2)
Existing or proposed uses of the building and land;
(3)
The number of families, housekeeping units, or rental units
the building is designed to accommodate;
(4)
Conditions existing on the lot; and
(5)
Such other matters as may be necessary to determine conformance
with and provide for the enforcement of this chapter.
C.
One copy of the plans shall be returned to the applicant by the Zoning
Inspector after he/she shall have marked such copy either as approved
or disapproved and attested to the same by his/her signature on such
copy. The second copy of the plans, similarly marked, shall be retained
by the Zoning Inspector.
Before any building permit for a commercial structure, industrial
structure, apartment house or multiple-family dwellings shall be issued,
approval of the application for such a permit shall have been obtained
from the County Department of Public Works (sewer), the State Fire
Marshall, and the Town Engineer (water). There must be a second approval
from these agencies before an occupancy permit is issued.
All zoning permits and building permits issued shall be promptly
published once in a newspaper of general circulation in the Town.
The time for taking an appeal from the issuance of such a permit shall
not begin to run until the date of such publication. For purposes
of determining the appeal period for an issued permit, the date of
the decision shall be the date on which the notice of issuance is
published.
A.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a zoning occupancy permit shall have been issued therefor by the Zoning Inspector. The permit shall state that the proposed use of the building or land conforms to the requirements of this chapter and Chapter 108, Building Construction, of the Town Code.
B.
No nonconforming structure or use shall be maintained, renewed, changed,
or extended until the Zoning Inspector shall have issued a zoning
occupancy permit. The zoning occupancy permit shall state specifically
wherein the nonconforming use differs from the provisions of this
chapter. Upon enactment or amendment of this chapter, owners or occupants
of nonconforming uses or structures shall have three months to apply
for zoning occupancy permits. Failure to make such an application
within three months shall be presumptive evidence that the property
was conforming at the time of enactment or amendment of this chapter.
C.
No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a zoning occupancy permit. The permit shall be issued in conformity with the provisions of this chapter and Chapter 108, Building Construction, the Town Code upon completion of the work.
D.
The Zoning Inspector may issue a temporary occupancy permit for a
period not exceeding six months during alterations or partial occupancy
of a building pending its completion, provided that such temporary
permit may require such conditions and safeguards as will protect
the safety of the occupants and the public.
E.
The Zoning Inspector shall maintain a record of all zoning occupancy
permits, and copies shall be furnished upon request to any person.
A.
If the work described in any zoning certificate has not begun within
one year from the date of issuance thereof, said certificate shall
expire. The Zoning Inspector shall cancel the certificate, and written
notice thereof shall be given to the persons affected.
B.
If the work described in any zoning certificate has not been substantially
completed within two years of the date of issuance, unless work is
satisfactorily proceeding thereon, said permit shall expire and be
canceled by the Zoning Inspector. Written notice thereof shall be
given to the persons affected, together with a notice that further
work as described in the canceled certificate shall not proceed unless
and until a new zoning certificate has been obtained.
Zoning certificates or zoning occupancy permits issued based on site plans and applications approved by the Zoning Inspector authorize only the use, arrangement, and construction outlined in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction differing from that authorized shall be deemed a violation of this chapter, and punishable as provided by § 340-212 of this chapter.
