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 easements, covenants or
other agreement between parties; provided, however, that where this
chapter imposes a greater restriction upon 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,
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 as "R-SF, single-family residential,"
until changed by amendment.
The administration of these zoning regulations
shall be the responsibility of the Leonardtown Planning and Zoning
Commission.
It shall be the duty of the Planning and Zoning
Commission 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
also be the duty of all officers and employees of the Town to assist
the enforcing officer by reporting to him any seeming violations in
new construction, reconstruction or land uses.
A.
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 Planning and Zoning Commission is authorized
and directed to institute any appropriate action to put an end to
such violations.
B.
Any person or corporation who shall violate or fail
to comply with any of the provisions of this chapter or who shall
build or alter any building in violation of any detailed statement
of plan submitted and approved hereunder shall be guilty of a misdemeanor.
A fine of not more than $1,000 or imprisonment for a term not to exceed
six months, or both, shall be imposed, 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 parts 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 have assisted in the commission
of any such violation shall be guilty of a separate offense and, upon
conviction thereof, shall be so fined or imprisoned.
Wherever the regulations made under authority
of this chapter require a greater width or size of yards, courts or
other open spaces or require a lower height of building or a fewer
number of stories or require a greater percentage of the lot to be
left unoccupied or impose other higher standards than are required
in any other statute or local ordinance or regulation, the provisions
of the regulations made under authority of this article shall govern.
Wherever the provisions of any other statute or local ordinance or
regulation require a greater width or size of yards, courts or other
open spaces or require a lower height of building or a fewer number
of stories or require a greater percentage of the lot to be left unoccupied
or impose other higher standards than are required by the regulations
made under authority of this article, the provisions of such statute
or local ordinance, or regulations shall govern.
[Added 5-9-2011 by Ord. No. 149]
Design, signage, use, management, maintenance, and cost sharing
may be prescribed or limited by private covenants, conditions, or
restrictions, provided that such restrictions are not in violation
of the Town Code. The provisions of this chapter are not intended
to replace any deed restriction, covenant, easement, or any other
private agreement regarding a parcel of land. All such restrictions
shall be enforced by the parties to the restriction. The Town shall
not be a party to any such restriction or covenant, nor shall the
Town enforce or become involved in the enforcement of such private
restrictions; and in the review of development proposals, the Town
will apply only its regulations to evaluate the proposal. All landowners
proposing deed restrictions, covenants or formation of a community
association shall submit the proposed private restrictions to the
Town before submitting the final plat. If there are private restrictions
that conflict with the provisions of this chapter or the Town’s
Subdivision and Land Development Regulations,[1] the Town shall require that they be modified prior to
final plat approval. The Town’s review to assure such provisions
do not conflict with the Town Code in no way places responsibility
on the Town for enforcement of such covenants or restrictions.
