A.
The Mayor and Council shall establish (by resolution)
a schedule of fees, charges, and expenses, and a collection procedure,
for zoning certificates, appeals, variances, conditional uses, amendments,
and other matters pertaining to this chapter. (The schedule of fees
shall be posted in the Town offices and may be altered or amended
from time to time by the Mayor and Council.)
B.
No certificate, conditional use, or variance shall
be issued unless or until such costs, charges, fees, or expenses have
been paid in full, nor shall any action be taken on proceedings before
the Board of Appeals unless or until preliminary charges and fees
have been paid in full.
A.
The regulations, restrictions and boundaries set forth
in this chapter may from time to time be amended, supplemented, changed,
or repealed by the Mayor and Council. Where the purpose and effect
of the proposed amendment is to change the zoning classification,
the Mayor and Council shall make findings of fact in each specific
case including, but not limited to, the following matters: population
change, availability of public facilities, present and future transportation
patterns, compatibility with existing and proposed development for
the area, the recommendations of the Planning and Zoning Commission,
and the relationship of such proposed amendment to the Comprehensive
Plan of Federalsburg. The Mayor and Council may grant the amendment
based upon a finding that there was a substantial change in the character
of the neighborhood where the property is located or that there was
a mistake in the existing zoning classification.
B.
Any proposed amendment, supplement or change shall
be referred by the Mayor and Council to the Planning and Zoning Commission
for an investigation and recommendation. The Planning and Zoning Commission
shall cause such investigation to be made as it deems necessary and
may require the submission of all pertinent data and information by
any person concerned; may hold such public hearings as provided by
its own rules; and shall submit its report and recommendations to
the Mayor and Council within a reasonable length of time.
C.
After receiving the recommendations of the Planning
and Zoning Commission, the Mayor and Council shall hold a public hearing
in relation to the proposed amendment, at which parties in interest
and citizens shall have an opportunity to be heard. At least 15 days'
notice of the time, place and nature of such hearing shall be published
in a paper of general circulation in the community, and in the case
of a change in classification of a particular piece of property, said
property shall be posted.
D.
Whenever a petition requesting an amendment, supplement,
or change has been denied by the Mayor and Council, such petition,
or one substantially similar, shall not be reconsidered sooner than
one year after the previous denial.
E.
Whenever an application requesting a change in classification
for a piece of property has been granted for a particular usage, the
applicant must commence the construction of structures intended for
such usage, or the occupancy and intended use of the premises if the
structure is located on the property at the time of the application,
within a period of one year or the classification will revert to the
former classification prior to the granting thereof; additionally,
any deviation in usage from the specific usage granted by the Mayor
and Council shall be deemed a violation of this chapter.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals or
general welfare. Wherever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations, ordinances, deed restrictions or covenants, the most
restrictive or that imposing the higher standards shall govern.
B.
Each day that a violation continues after a municipal
infraction citation has been served shall be deemed a separate offense.
The declaration that violation of this chapter is a municipal infraction
shall in no way limit or prohibit the Town of Federalsburg from pursuing
other enforcement alternatives such as injunctive relief or abatement
to enforce this chapter. Application of this section shall be in accordance
with Article 23A, § 3(b), of the Maryland Annotated Code.
C.
The owner or tenant of any building, structure, premises,
or part thereof, and any architect, builder, contractor, agent, or
other person who commits, participates in, assists in, or maintains
such violation may each be found guilty of a separate offense and
suffer the penalties herein provided.
D.
Nothing herein contained shall prevent the Town from
taking such other lawful action as is necessary to prevent or remedy
any violation.
A.
Whenever a violation of this chapter occurs, or is
alleged to have occurred, any person may file a written complaint.
Such complaint stating fully the causes and basis thereof shall be
filed with the Zoning Administrator. The Zoning Administrator shall
record properly such complaint, immediately investigate, and take
action thereon as provided by this chapter.
B.
The Mayor and Council of Federalsburg, the Board of
Appeals, the Planning and Zoning Commission, the Zoning Administrator,
or any person whose property is affected by any violation of these
regulations or any order validly issued hereunder, including abutting
or adjacent property owners, whether or not specially damaged, may
maintain an action in the Circuit Court for Caroline County for an
injunction in joining the erection, construction, reconstruction,
alteration, extension, enlargement, repair or use of buildings or
other structures and land otherwise than in conformity therewith.
