A.
Initiation of change. The County Council
may from time to time amend, supplement or change, by ordinance, the
boundaries of the districts or the regulations herein established.
Any such amendment may be initiated by resolution of the County Council
or by motion of the Planning and Zoning Commission or by petition
of any property owner addressed to the County Council. Petitions for
change or amendment shall be on forms and filed in a manner prescribed
by the Planning and Zoning Commission.
B.
Report from Planning and Zoning Commission.
Before taking any action on any proposed amendment, supplement or
change, the County Council shall submit the same to the Planning and
Zoning Commission for its recommendations and report. Failure of the
Commission to report within 45 days after the first meeting of the
Planning and Zoning Commission after the proposal has been referred
to the Planning and Zoning Commission shall be deemed approval.
C.
Notice and hearings. The Planning and Zoning
Commission shall hold a public hearing on any proposed amendment,
supplement or change before submitting its report to the County Council
and, for this purpose, may request the submission of all pertinent
data and information by any person concerned. Before acting on any
report by the Planning and Zoning Commission concerning a proposed
amendment, supplement or change, the County Council shall hold a public
hearing thereon.
D.
Reconsideration, one-year limitation. Whenever
a petition requesting an amendment, supplement or change has been
denied by the County Council, such petition or one substantially similar
shall not be reconsidered sooner than one year after the previous
denial; provided, however, that if a petitioner, applicant or appellant
fails to appear, or appear by agent, at the scheduled hearing for
reasons beyond his control, the applicant may submit a petition for
reconsideration as set forth in the County Council's Rules of Procedure.
The petition shall be submitted within 15 days and contain facts sufficient
to demonstrate the failure to appear was beyond applicant's control.
After discussion, if the failure to appear occurred before the Planning
and Zoning Commission, the Planning and Zoning Commission shall vote
to approve or deny the request for reconsideration or, if the failure
to appear occurred before the County Council, the Council shall vote
to approve or deny the request for reconsideration; provided, however,
that the County Council shall not act upon any matter in which the
applicant failed to appear before the Planning and Zoning Commission.
If a majority of members of the Planning and Zoning Commission or
the County Council, as applicable, vote to approve reconsideration
of the application, the public hearing will be rescheduled.
[Amended 5-5-2015 by Ord. No. 2396]
E.
Withdrawal. A petition requesting an amendment,
supplement or change, by ordinance, of the boundaries of a zoning
district of the county's zoning regulations may not be withdrawn within
two business days prior to the day of the holding of the public hearing
before the County Council; provided, however, that a petition may
be withdrawn thereafter for good cause shown if a majority of the
members of the County Council shall vote to allow such withdrawal.
[Added 11-26-1991 by Ord. No. 804]
F.
Failure to appear. If a petitioner, applicant or appellant fails to appear, or appear by agent, or fails to withdraw his application as provided for in Subsection E hereof, a petition requesting an amendment, supplement or change substantially similar shall not be reconsidered sooner than one year after the previous failure to appear or failure to withdraw, unless the applicant's failure to appear was beyond his control and the applicant's petition for reconsideration is approved in accordance with Subsection D hereof.
[Added 11-26-1991 by Ord. No. 804; amended 5-5-2015 by Ord. No. 2396]
A.
The procedures for approval of an RPC District or a conditional use are the same as those prescribed for changes and amendments in § 115-216.
B.
A preliminary site plan shall be filed
with County Council through the Commission. The preliminary site plan
shall comply with the requirements of this article and be accompanied
by the environmental assessment and public facility evaluation report
and sketch plan, a report from the Commission staff, together with
the comments and recommendations of the Technical Advisory Committee
and such other written or graphic material as may be necessary or
desirable in aiding the decisions of the County Council and the Commission.
The number of copies of the plan to be submitted shall be determined
by the Director.
[Amended 4-6-2004 by Ord. No. 1678]
[Amended 4-6-2004 by Ord. No. 1678; 7-29-2008 by Ord. No. 1984; 6-19-2012 by Ord. No. 2264; 10-11-2016 by Ord. No. 2470; 3-28-2017 by Ord. No. 2489; 2-27-2018 by Ord. No. 2550]
Where the provisions of this chapter
require the submittal of site plans for RPC Districts, C-4 Planned
Commercial Districts and conditional uses, the following schedule
of procedure shall apply:
A.
When the preliminary site plan is approved
by the County Council, it shall be returned to the Commission pending
preparation of the final site plan by the applicant. A schedule of
construction phases shall be approved by the Planning and Zoning Commission.
The first of the final site plans submitted according to the approved
schedule of construction need cover only the designated initial construction
phase. An additional site plan shall be submitted for each of the
scheduled succeeding construction phases.
B.
The Planning and Zoning Commission shall
review the final site plan for compliance with the requirements of
the County Council and this chapter. The final site plan shall be
amended in accordance with the requirements of the County Council
and the Planning and Zoning Commission and shall be placed on record
after such approval.
C.
No public hearing shall be required for
approval of any final site plan unless changes in the final site plan
significantly alter a provision of the preliminary site plan.
D.
If required by the County Council, a security
bond shall be filed for or deposited in escrow with the county in
an amount sufficient to insure completion of requirements as may be
imposed by the County Council.
E.
When approving a conditional use for attached or detached single-family or multifamily dwellings or a change of zone for a residential planned community of attached or detached single-family or multifamily dwellings, in any zoning district in which they are permitted with Council approval, Council shall have the right to impose a condition requiring the applicant to install a forested and/or landscaped buffer as defined in §§ 99-5 and 99-6D of the Subdivision Ordinance.
F.
A preliminary site plan for an RPC or a Planned Commercial District shall be valid for the period of time set forth in § 99-9B of Chapter 99, Subdivision of Land. A final site plan for an RPC or a Planned Commercial District shall be valid for the period of time set forth in § 99-40A of Chapter 99, Subdivision of Land. An extension of these time periods may be sought in accordance with § 99-40F.
A.
For the purpose of assuring a good arrangement
and appearance and ensuring harmony with the Comprehensive Plan, site
plans for the following major uses, not a part of an RPC District
or conditional use or otherwise subject to separate procedures, shall
be subject to review by the Commission:
(1)
Multiple-family dwellings containing more
than two dwelling units or forming a part of a multiple-family development
of two or more buildings.
(2)
Townhouses.
(3)
Churches, temples and synagogues.
(4)
Docks, piers or other over-water structures.
(5)
Hotels, motels or motor lodges.
(6)
Business and office buildings, commercial
buildings or industrial buildings.
(7)
Farm ponds.
(8)
Manufactured home parks and campgrounds.
[Amended 10-12-2010 by Ord. No. 2152]
(10)
Amusement places, circus or carnival
grounds, amusement parks or midways, permanent or for a temporary
time period exceeding two days.
[Added 8-11-1992 by Ord. No. 848]
B.
A preliminary site plan for the above uses
shall be submitted to the Director, who shall review the plans for
compliance with these regulations and the requirements for preliminary
site plans and shall transmit said plans to the Commission with his
comments for review at the next regular meeting of the Commission
if the plans are submitted 20 days prior to said meeting. The number
of copies of the plan to be submitted shall be determined by the Director.
C.
If the Director determines that the proposed
development may have substantial impact on the physical, economic
or social environment or may require a more detailed technical review,
he may submit the preliminary plan to the Technical Advisory Committee,
established under the Sussex County Subdivision Ordinance, for review
and comment prior to submission to the Commission.[1]
D.
The Commission shall examine the proposed
development with respect to the traffic and circulation patterns,
internal and external; utilities, drainage and community facilities,
existing or proposed; surrounding development, existing or future;
the preservation of trees or historic sites; provision for open space;
and, in general, with the objective of ensuring a durable, harmonious
and appropriate use of the land in accord with the objectives of the
Comprehensive Plan. No public hearing shall be required, and the plans
shall be returned to the applicant within 10 working days following
the meeting as approved, approved subject to conditions or disapproved.
If specified conditions are met in revised plans, the Director may
approve issuance of building permits in accord with the revision without
returning the plans for further Commission review. The Director may
approve minor changes in site plans after approval by the Commission
and approve issuance of zoning permits accordingly if, in his opinion,
such changes do not substantially affect the original approval of
conditions attached thereto.
E.
Nothing in this section shall be interpreted
to permit the granting of a variance or exception to the regulations
of this chapter or to abridge the procedures or requirements of the
laws and ordinances governing the subdivision of land.
A.
The preliminary site plan shall show the
North point, scale and date.
B.
The preliminary site plan shall show the
following:
(1)
Plans shall show the seal and signature
of a registered Delaware land surveyor or registered professional
engineer, and all drawings shall be on sheets no larger than twenty-four
by thirty-six (24 x 36) inches and at a scale of not more than 100
feet to one inch.
[Amended 12-14-1993 by Ord. No. 942]
(2)
Geographical location, showing existing
zoning district boundaries.
(3)
Proposed changes in zoning, if any.
(4)
Topographic contours at one-foot intervals,
unless waived by the Commission as clearly unnecessary to review the
project or proposal.
(5)
The location and nature of all proposed
construction, excavation or grading, including but not limited to
buildings, streets and utilities.
(6)
Net development area.
(7)
The approximate number of dwelling units
to be included in each type of housing: single-family dwellings, two-family
dwellings, townhouses, apartments of three stories and under and apartments
over three stories.
(8)
Proposed buildings and structures, with
dimensions, setbacks and heights designated.
(9)
The approximate location and size of nonresidential
areas, if any (parking areas, loading areas or other).
(10)
The approximate location and size
of recreational areas, if any.
(11)
The approximate location of point
of ingress and egress to existing public highways.
(12)
The number of construction phases
proposed, if any, with the plot showing the approximate boundaries
of each phase and the proposed completion date of each phase.
(13)
The location of all wetlands (both
state and federal) shall be indicated, in order to facilitate compliance
with state and federal wetlands requirements.
[Added 12-14-1993 by Ord. No. 942]
(14)
The location of the one-hundred-year
floodplains based on current Flood Insurance Rate Maps.
[Added 12-14-1993 by Ord. No. 942]
(16)
In the case of a proposed development with the uses identified in § 115-219A(5) and (6), the site plan shall provide interconnectivity with adjacent parcels where the uses identified in § 115-219A(5) and (6) are occurring or may occur in the future.
[Added 3-20-2018 by Ord. No. 2561]
(17)
In the case of a proposed development with the uses identified in § 115-219A(1) and (2) or residential planned communities, the site plan shall include all required resource buffers and the following:
[Added 5-17-2022 by Ord. No. 2852]
(a)
The boundary and type of any nontidal/tidal
wetland or water resources (tidal, perennial, intermittent) which
require a resource buffer. The boundary will be shown per methods
identified in the definitions of "wetlands" and "ordinary high-water
line delineation."
(b)
All existing (i.e., at the time of
application) natural forest, managed forest and nonforest meadow within
the future resource buffer shall be identified.
(c)
The limits of the required resource
buffers.
(e)
Calculations supporting resource buffer enhancement calculations and corresponding forested and/or landscaped buffer reductions, if applicable (§ 115-193G).
(f)
Proposed access easement layout for
access to resource buffers and the adjacent resources with a note
that such access easements are public access easements for maintenance
purposes. For purposes of this requirement, "public" shall mean, and
be limited to, those parties requiring access for maintenance purposes.
(g)
A reference by title, author and date, to the drainage assessment report required by § 115-193F(2).
(h)
Any walking trails, including the
method of construction and the materials used to establish the trails.
C.
The Commission may establish additional
requirements for preliminary site plans and may waive a particular
requirement if, in its opinion, the inclusion of that requirement
is not essential to a proper decision on the project. If a preliminary
site plan is approved by the Commission without the inclusion of a
particular requirement, the Commission is deemed to have waived that
requirement.
A.
The final plot plan shall comply with all existing laws, regulations and ordinances governing the approval of subdivisions and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of construction permits. The final site plan shall show the North point, scale and date. The scale shall be as specified in § 115-220.
B.
The final site plan shall show the following:
(1)
The proposed title of the project and the
names of the engineer, architect, designer or landscape architect
and the developer.
(2)
The geographical location, showing the
existing zoning district and boundaries; the boundaries of the property
involved, the location of all existing easements and property lines,
existing streets, buildings or waterways and other existing physical
features in the project; and the location and sizes of sanitary and
storm sewers, water mains, culverts and other underground structures
in or near the project.
(3)
The net development area.
(4)
The number of dwelling units to be included
in each type of housing: single-family dwellings, two-family dwellings,
townhouses, apartments of three stories and under, apartments over
three stories and manufactured homes.
[Amended 10-12-2010 by Ord. No. 2152]
(5)
The location and character of construction
of proposed streets, alleys, driveways, curb cuts, entrances and exits,
parking and loading areas, including numbers of parking and loading
spaces, outdoor lighting systems, storm drainage and sanitary facilities.
(6)
The location of proposed lots, setback
lines and easements and proposed reservations for parks, parkways,
playgrounds, school sites and open spaces.
(7)
The location, with respect to each other
and to lot lines and height, of all proposed buildings and structures,
accessory and main, or major excavations. The locations should be
drawn to scale, and full dimensioning is required.
(8)
The plans and elevations of the several
dwelling types and other buildings, as may be necessary.
(9)
The location, height and material of all
fences, walls, screen planting and landscaping.
(10)
The proposed location and character
of nonresidential uses, commercial or industrial uses, accessory or
main.
(11)
The location, character, size, height
and orientation of proposed signs.
(12)
A tabulation of the total number
of acres in the project, gross or net, as required in the district
regulations, and the percentage thereof proposed to be devoted to
the several dwelling types, commercial uses, other nonresidential
uses, off-street parking, streets, parks, schools and other reservations.
(13)
A tabulation of the total number
of dwelling units of various types in the project and the overall
project density in dwelling units per acre, gross or net, as required
by district regulations.
(14)
The location of all wetlands (both
state and federal) shall be indicated by legal description with bearings
and distances with each flag point numbered. A signed and dated statement
by an experienced qualified professional shall be provided verifying
the accuracy of the delineation. If the site contains no wetlands,
then the plan must contain the appropriate statement from the same
professional. Building lots containing wetlands shall be identified
by a notation stating that "construction activities within these sites
may require a permit from the United States Army Corps. of Engineers
or the State of Delaware."
[Added 12-14-1993 by Ord. No. 942]
(15)
The locations, dimensions and purposes
of all open space areas. The legend or plot notes must show a breakdown
of acreages, both gross and net, of open space, the percentage of
impervious cover area, the percentage of open space to total gross
acreage and the total acreage of proposed streets, roads, parking
lots, alleys and ways used for vehicle access and multimodal paths
located within state rights-of-way.
[Added 12-16-2008 by Ord. No. 2022[1]]
[1]
Editor's Note: This ordinance also provided
that it shall apply to applications filed after 1-1-2009.
(17)
A bulk grading plan.
[Added 3-28-2017 by Ord. No. 2489]
(18)
In the case of a proposed development with the uses identified in § 115-219A(5) and (6), the site plan shall provide interconnectivity with adjacent parcels where the uses identified in § 115-219A(5) and (6) are occurring or may occur in the future.
[Added 3-20-2018 by Ord. No. 2561]
(19)
In the case of a proposed development with the uses identified in § 115-219A(1) and (2) or residential planned communities, the site plan shall include all required resources and resource buffers, including the following, where applicable:
[Added 5-17-2022 by Ord. No. 2852]
(a)
The boundary and type of any nontidal/tidal
wetland or water resources (tidal, perennial, intermittent) which
require a resource buffer. The boundary will be shown per methods
identified in the definitions of "wetlands" and "ordinary high-water
line delineation." In addition, the boundary shall be marked on the
site itself with permanent markers and signage, with the location
and type of signage depicted on the final site plan.
(b)
All existing (i.e., at the time of
application) natural forest, managed forest and nonforest meadow within
the future resource buffer shall be identified.
(c)
The limits of the required resource
buffers.
(e)
Calculations supporting resource buffer enhancement calculations and corresponding forested and/or landscaped buffer reductions, if applicable (§ 115-193G).
(f)
Proposed access easement layout for
access to resource buffers and the adjacent resources with a note
that such access easements are public access easements for maintenance
purposes. For purposes of this requirement, "public" shall mean, and
be limited to, those parties requiring access for maintenance purposes.
(g)
A statement incorporating the resource
and resource management and maintenance plan by reference.
(h)
A reference by title, author and date, to the drainage assessment report required by § 115-193F(2).
(i)
Any walking trails, including the
method of construction and the materials used to establish the trails.
C.
The Commission may establish additional
requirements for final site plans and may waive a particular requirement
if, in its opinion, the inclusion of that requirement is not essential
to a proper decision on the project. If a preliminary site plan is
approved by the Commission without the inclusion of a particular requirement,
the Commission is deemed to have waived that requirement.
D.
A final site plan required for any of the major uses governed by § 115-219 shall be valid for a period of five years from the date of approval by the County. Any such final site plan shall be rendered null and void if substantial construction is not actively and continuously underway on the use within five years of the date of approval by the County. For purposes of this section, the term "substantial construction" shall mean that the roadways or parking areas have been cleared and rough-graded, the drainage system and/or stormwater management facilities have been rough graded and erosion and sedimentation control measures are in place and being actively maintained and construction of the use is actively proceeding to completion.
[Added 3-28-2017 by Ord. No. 2489]
[Amended 3-20-2018 by Ord. No. 2558]
A.
The procedure for amendment of the boundaries
of an approved RPC District or change of the extent of land use for
an approved conditional use shall be the same for a new application,
except that minor amendments of an approved site plan or of conditions
attached to an approved site plan may be approved by the Commission
at a regular meeting after written reports by the Director and without
a public hearing, provided that such change or amendment:
(1)
Does not alter a recorded RPC plat.
(2)
Does not conflict with the specific
requirements of this chapter.
(3)
Does not change the general character
or content of an approved development plan or use.
(4)
Has no substantially different effect
on adjoining or surrounding property.
(5)
Does not result in any substantial
change of major external access points.
(6)
Does not increase the approved number
of dwelling units or height of buildings.
(7)
Does not decrease the minimum specified
yards and open spaces or minimum or maximum specified parking and
loading spaces.
B.
Any amendment to a condition imposed as
part of a conditional use ordinance or residential planned community
ordinance shall be treated the same as a new application.
A.
No vacant land shall be occupied or used,
except for agricultural uses, until a certificate of compliance shall
have been issued by the Director.
B.
No premises shall be used and no buildings
hereafter erected or structurally altered shall be used, occupied
or changed in use until a certificate of compliance shall have been
issued by the Director, stating that the building or proposed use
of a building or premises complies with the building laws and the
provisions of these regulations.
C.
Certificates of compliance shall be applied
for coincident with the application for a zoning permit and shall
be issued within 10 days after the erection or structural alteration
of such buildings shall have been completed in conformity with the
provisions of these regulations. A record of all certificates shall
be kept on file in the office of the Director.
D.
No permit for excavation for any building
shall be issued before application has been made for a certificate
of compliance.
E.
Upon written request from the owner, the
Director shall issue a certificate of compliance for any building
or premises existing at the time of adoption of this chapter or any
changes or amendments thereto, certifying after inspection and investigation
the extent and kind of use made of the building or premises, and whether
such use conforms to the provisions of this chapter or is to be deemed
a nonconforming use.
A.
No building and/or manufactured home shall
be erected, constructed, altered, moved, converted, placed, extended
or enlarged without the owner or owners first having obtained a zoning
permit therefor from the Director, and such permit shall require conformity
with the provisions of this chapter; provided, however, that the Director,
at his discretion, may issue an emergency permit for a manufactured
home not in conformity with the provisions of this chapter when:
[Amended 12-12-1989 by Ord. No. 642]
(1)
A dwelling has been made uninhabitable
by fire, wind, flood or impact by motor vehicle or airplane or similar
natural or man-made disaster; provided, however, that no such emergency
permit shall be issued if placement of a manufactured home shall be
in violation of applicable recorded private deed restrictions or covenants.
[Amended 1-4-1994 by Ord. No. 947]
(2)
A written statement by the applicant and
a written statement by a zoning inspector have been filed certifying
the dwelling to be uninhabitable due to fire, wind, flood, impact
or similar natural or man-made disaster.
(3)
A limitation of one year or less is placed on the permit. Any extension of any emergency permit shall be made only by the Board of Adjustment [§ 115-210A(1)]. Upon a failure to begin repairs to an existing dwelling or construction of a new dwelling within 180 days following issuance of an emergency permit, such permits shall become void.
[Amended 1-4-1994 by Ord. No. 947]
B.
A filing fee shall accompany each application
for a zoning permit, in such amount as may be determined by the County
Council, a schedule of such fees to be filed with the Director. Any
building permit lawfully in force at the effective date of this chapter,
pursuant to which actual construction has not begun prior to that
effective date, requires payment of such filing fee prior to the start
of construction.
C.
A zoning permit issued in accordance with
the provisions of this chapter shall become void 12 months after the
date of its issuance if the construction for which it was issued has
not been started or has been substantially discontinued.
D.
No zoning permit lawfully issued by the
Director prior to the effective date of this chapter shall be invalidated
by the passage of this chapter, provided that actual construction,
pursuant to the permit's own terms and provisions and ordinances and
regulations thereto, shall have begun within the effective date of
the permit.
(1)
Grading of a lot and/or staking shall not
be construed as actual construction.
(2)
One permit issued to cover more than one building remains valid for all of the buildings covered by the permit if actual construction as provided above shall have commenced prior to the expiration of the permit, subject only to Subsection D(3) below.
(3)
In any event, the permit shall be invalidated
if actual construction is discontinued for reasons other than those
beyond the permit holder's control.
E.
The exemptions listed under Subsection A above do not apply to new construction or substantial improvements in the flood-prone districts.
F.
All zoning permit applications for new
construction or substantial improvements in the flood-prone districts
shall include the elevation, in relation to mean sea level, of the
lowest floor, including basement, and whether or not such new construction
or substantial improvement contains a basement and whether or not
the new construction or substantial improvement has been floodproofed
and, if the reply is affirmative, the elevation, in relation to mean
sea level, to which it was floodproofed.
[Amended 10-15-1991 by Ord. No. 795]
G.
If any subdivision or other new developments
are proposed within the flood-prone districts, a zoning permit shall
be issued only after the following items are submitted and approved:
(1)
A plan which accurately locates the construction
proposal with respect to the flood-prone area boundaries, stream channel
and existing flood-prone developments. Included shall be all plans
for proposed subdivision and/or land development to assure that:
(a)
All such proposals are consistent
with the need to minimize flood damage.
(b)
All public and private utilities
and facilities, such as sewer, water, on-site waste disposal, gas
and electrical systems, are located and constructed to minimize or
eliminate flood damage and designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
floodwaters.
(c)
Adequate drainage is provided so
as to reduce exposure to flood hazards.
(2)
Such a plan shall also include existing
and proposed contours and elevations of the ground, storage elevations,
structure, size, locations and elevations of streets, water supply,
sanitary facilities, soil types and floodproofing measures.
(3)
A document certified by a registered professional engineer or architect that adequate precautions against flood damage have been taken with respect to the design of any building or structure and that the plans for the development of the site adhere to the requirements and provisions of § 115-189.
[Amended 10-15-1991 by Ord. No. 795; 3-5-1992 by Ord. No.
818]
H.
If a watercourse is to be altered or relocated
as a result of any development, no permit shall be issued by the Director
until the Director has received from the developer the following:
(1)
Evidence that the carrying capacity of
the watercourse will be maintained; and
(2)
Evidence that the adjacent communities
and the Delaware Department of Natural Resources and Environmental
Control, Division of Soil and Water Conservation, have received prior
notification of the proposed relocation/alteration and that copies
of such notifications shall be submitted to the Federal Insurance
Administrator.
[Amended 10-15-1991 by Ord. No. 795]
I.
Any permitted development in the flood-prone
districts is subject to all applicable state and federal codes and
regulations.
J.
No permit shall be issued nor shall construction
be authorized by the County until an individual lot grading plan has
been supplied to and approved by the County. No certificate of occupancy
shall be issued until a grading certificate is submitted to the Building
Code Department demonstrating general conformity with the individual
site grading plan; provided, however, that these requirements shall
not apply to a development that was not required to include a bulk
grading plan as part of the approved final site plan.
[Added 3-28-2017 by Ord. No. 2489]
All applications for zoning permits
shall be accompanied by a drawing or plat in duplicate or as required
by the Director, showing, with dimensions, the lot lines, the building
or buildings, the location of buildings on the lot and such other
information as may be necessary to provide for the enforcement of
these regulations, including, if necessary, a boundary survey and
a staking of the lot by a competent surveyor and complete construction
plans. The drawings shall contain suitable notations indicating the
proposed use of all land and buildings. A careful record of the original
copy of such applications and plats shall be kept in the office of
the Director, and a duplicate copy shall be kept at the building at
all times during construction.
A.
All persons, firms or corporations appealing
to the Board of Adjustment shall be required to pay, in advance, such
amount as may be required by the County Council.
B.
All persons, firms or corporations applying for conditional use permits under the provisions of Article XXIV of this chapter or applying for an amendment to the Zoning Ordinance or a change in the classification of a district or a portion thereof shall be required to pay, in advance, such amount as may be required by the County Council.
C.
The payment of such money in advance shall
be deemed a conditional precedent to the consideration of such appeal,
conditional use permit or amendment. Fees shall be refunded on request
if an application is withdrawn before publication of required notices
in the newspaper.
In interpreting and applying the
provisions of this chapter, they shall be held to be the minimum requirements
for the promotion of the public safety, health, convenience, comfort,
prosperity or general welfare. It is not intended by this chapter
to interfere with or abrogate or annul any easement, covenants or
other agreement between parties; provided, however, that where this
chapter imposes a greater restriction upon land development or construction
or the use of buildings or premises or upon the height of buildings
or requires larger open spaces than are imposed or required by other
resolutions, ordinances, rules or regulations or by easements, covenants
or agreements, the provisions of this chapter shall govern. If, because
of error or omission in the Zoning District Map, any property in the
jurisdiction of this chapter is not shown as being in a zoning district,
the classification of such property shall be classified AR, until
changed by amendment.
A.
It shall be the duty of the Director to
enforce the provisions of this chapter and to refuse to issue any
permit for any building or for the use of any premises which would
violate any of the provisions of said chapter. It shall be the duty
of all officers and employees of the county to assist the enforcing
officer by reporting to him any seeming violation in new construction,
reconstruction or land uses.
B.
In case any building is erected, constructed,
reconstructed, altered, repaired or converted or any building or land
is used in violation of this chapter, the Director is authorized and
directed to institute any appropriate action to put an end to such
violation.
Any person or corporation who shall
violate any of the provisions of this chapter or who shall fail to
comply therewith or with any of the requirements thereof or who shall
build or alter any building in violation of any detailed statement
or plan submitted and approved hereunder shall be guilty of a misdemeanor
and shall be liable to a fine of not more than $100, and each day
such violation shall be permitted to exist shall constitute a separate
offense. The owner or owners of any building or premises or part thereof
where anything in violation of this chapter shall be placed or shall
exist and any architect, builder, contractor, agent, person or corporation
employed in connection therewith and who has assisted in the commission
of any such violation shall be guilty of a separate offense and, upon
conviction thereof, shall be fined as hereinbefore provided.
