[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster as Ch. 4 of the 1972 Code, as amended
through 1990. Subsequent amendments noted where applicable.]
Any memorandum of understanding made and entered
into by and between the County Commissioners and the Mayor and Common
Council which relates to the applicability of the County Building
Code within this City and which is in effect immediately prior to
the effective date of this City Code shall continue in full force
and effect within the City until such time as it may be amended or
rescinded by resolution of the legislative body or by the County Commissioners.[1]
The office of Building Official is hereby established.
The Building Official shall be appointed by the Mayor, with the approval
of the Common Council, for no fixed term of office. The Building Official
shall administer and enforce the provisions of any building code which
may be applicable within the City except as may be provided otherwise
by any memorandum of understanding with the county, and he shall have
such other powers and duties as may be prescribed for him in this
City Code or by other ordinance or resolution of the legislative body.
The Building Official may be referred to as the "Building Inspector."
The following shall be and are hereby declared
to be the fire limits: Beginning at a point in the center of East
Main Street opposite to the center of Court Street; thence westerly
sixty feet to the center line of Adelsberger Alley and thence with
the center line of Adelsberger Alley to the center line of East Green
Street; thence with the center line of East Green Street to the center
line of Madison Street; thence with the center line of Madison Street
to the corporate line and thence with the corporate line to the center
of Bond Street; thence with the center line of Bond Street to the
center line of West Green Street; thence along the center line of
West Green Street to the center line of Norment's Lane (King's Lane)
and thence along the center line of said Lane to the center line of
West Main Street; thence continuing in the same direction four hundred
fifty feet to the center line of Turn Alley; thence with the center
line of Turn Alley to the center line of Carroll Street; thence with
the center line of Carroll Street to the corporate line and thence
with the corporate line to the center line of Longwell Avenue; thence
along the center line of Longwell Avenue to the center line of Turn
Alley; thence along the center line of Turn Alley to the center line
of Court Street; and thence along the center line of Court Street
to the place of beginning.
A.
No person shall excavate for or lay the foundation
of any structure or erect any wall or fence fronting on any street
in the City before having obtained information as to the true line
and proper grade of such street. Such information shall be supplied,
upon request of the owner or occupant of the property fronting upon
such street, by the Director of Public Works, who may cause any necessary
survey to be made at the expense of such owner or occupant.
[Amended 12-6-2007 by Ord. No. 773]
B.
It shall be the duty of the Building Official to prevent
encroachments upon City streets by any building, wall or fence.
[Amended 11-11-2002 by Ord. No. 687]
A.
Findings, intent and authority.
(1)
The City of Westminster contains a wealth of buildings
and structures that are historically significant and contribute to
the overall historic character of the community.
(2)
In June 1980, an application was submitted to the
Maryland Historic Trust for inclusion of a portion of the City designated
as the "Westminster Historic District" in the National Register of
Historic Places.
(3)
In September 1980, the application was approved by
the Maryland Historic Trust, and the Westminster Historic District
was included in the National Register of Historic Places.
(4)
The background research for the application required
the preparation of a map showing the rating of the historic significance
of individual buildings and structures within the Westminster Historic
District and the contributions of individual buildings and structures
to the overall historic character of the Westminster Historic District.
(5)
The inclusion of the Westminster Historic District
in the National Register of Historic Places provides certain protections
and tax-credit opportunities, but not the additional protections and
local control provided by historic district zoning.
(6)
On October 12, 1992, the Mayor and Common Council amended the City's Zoning Ordinance to provide for an Historic District Zone and created the Historic District Commission in Article IXA of Chapter 164 of the Westminster City Code. Subsequently, the Mayor and Common Council has rezoned certain properties into the Historic District Zone.
(7)
The Mayor and Common Council finds that certain procedures
are required to protect buildings and structures that are historically
significant or contribute to the overall historic character of the
community from demolition without their owners being advised as to
historic tax credits, the value of historic buildings and other related
matters.
(8)
The purposes of this section are as follows:
(a)
To safeguard the heritage of the City of Westminster
by preserving sites, structures or districts therein which reflect
elements of its cultural, social, economic, political, archeological
or architectural history;
(b)
To stabilize and approve property values of
such sites, structures or districts;
(c)
To foster civic beauty;
(d)
To strengthen the local economy;
(e)
To promote the preservation and appreciation
of sites, structures and districts for the educational welfare of
the residents of the City of Westminster.
(9)
Article XI-E of the Maryland Constitution, Articles 23A and 66B of the Annotated Code of Maryland and § 15 et seq. of the City's Charter authorize the Mayor and Common Council to enact ordinances for the protection and promotion of public safety, health, morals and welfare, including but not limited to matters relating to planning and zoning.
B.
Application for permits within the Westminster Historic
District and related areas. Any applicant for a building permit to
demolish any building or structure which is located within the Westminster
Historic District, as entered in the National Register of Historic
Places, listed as state or federal registered properties, or nominated
for the federal, state or local registry with the consent of the property
owner shall disclose such fact on the application. A copy of the boundary
map of the Westminster Historic District is available from the office
of the Planning Director.
[Amended 12-6-2007 by Ord. No. 773]
C.
Referral to Director of Planning.
[Amended 12-6-2007 by Ord. No. 773]
(1)
Upon receipt of such application from the Carroll
County Department of Permits and Regulations, the Zoning Administrator
shall promptly forward the same to the Director of Planning ("Director")
for processing and approval under the following procedures:
(a)
The Director will add a check-off sheet to the
permit application requiring the following sign-offs before the Director
takes action on the permit:
[1]
Town Planner: explanation of historic tax credits,
value of historic preservation and related matters;
[2]
Administrator of Economic Development: explanation
of Neighborhood Business Development Program and other possible financing
options for potential uses; and
[3]
Rehabilitation Coordinator: explanation of state
and local rehabilitation programs, lead paint and related programs.
(b)
The applicant must receive a briefing from each
of the above three officials before the Director makes any decision
on the permit application. If the Director finds that the demolition
permit will have an adverse effect on the historical integrity of
the City, the Director will refer the permit to the Historic District
Commission for its recommendation before taking any final action on
the permit request. If the Commission's recommendation is not made
within a thirty-day period, the Commission shall be deemed to have
no objection to the permit application, unless said period has been
extended by the Director.
(c)
The applicant shall provide the Historic District
Commission with archiving information as to the property under guidelines
established by it similar to those adopted by the Maryland Historic
Trust.
(d)
Once all sign-offs have been received and the
Historic District Commission has given its recommendation, if required,
the Director will take action on the permit.
(2)
The Zoning Administrator shall also forward a notice
of any such application for demolition to the Mayor and Common Council
and the Historic District Commission for their information contemporaneous
with providing the application to the Director.
D.
The provisions of this section shall not apply to any properties which are in the Historic District Zone. Applications for any demolition of any site or statue therein shall be reviewed and decided by the Historic District Committee under § 164-51.4.
E.
Violations and penalties. Any person who violates
a provision of this section or fails to comply with any of the requirements
thereof or disobeys or fails to abide by the conditions of a permit
shall be subject to punishment for a misdemeanor. The penalty for
violation shall be $1,000 for each initial offense and $1,000 for
each repeat offense. Each day a violation continues to exist shall
constitute a repeat offense. Additionally, the Mayor and Common Council
may initiate any appropriate action or proceedings to prevent to permit
any violation of this section.
[Added 6-14-1999 by Ord. No. 640; amended 9-13-1999 by Ord. No. 642; 11-22-1999 by Ord. No.
646]
A.
Findings, intent and authority.
(1)
The City of Westminster contains certain properties
located within the C-B Central Business and B Business Zones which
were previously endorsed by the Mayor and Common Council of Westminster
as being "key sites" which remain undeveloped and which are deserving
of particular attention and concern with the potential to make significant
contributions to the renovation of the City's downtown area.
(2)
On November 1, 1994, the Hyett Palma Study was presented
to the Mayor and Common Council which it subsequently endorsed. The
study recognized certain properties as being key sites with respect
to the development and renovation of the downtown area. On September
25, 1995, the Mayor and Common Council again referred to the importance
of these key sites and established a policy regarding development.
Those properties were: Farmers Supply Co. property located at 12-24
Liberty Street, the Westminster Fire Hall located at 66 East Main
Street and the Post Office property located at 83 East Main Street.
The Farmers Supply Co. property and the Post Office property remain
currently undeveloped (undeveloped key sites).
(3)
In 1998 the City began to undertake a review of the
above-referenced business zones, including the adoption of a new D-B
Downtown Business Zone which would be the subject of a zoning text
amendment application which affect the development and use of the
undeveloped key sites and surrounding properties.
(4)
On June 9, 1999, the City's Committee on Housing and
Community Affairs continued the process of studying the above-referenced
proposals and is expected to complete its work and make a recommendation
to the Mayor and Common Council of Westminster no later than September
15, 1999, and has requested that the City defer processing approval
of building permits and/or site plan approvals for said undeveloped
key sites until said review has been completed. Due to unexpected
circumstances, the City's Committee on Housing and Community Affairs
has been unable to complete its review and make a recommendation by
the September 15, 1999, date. On September 13, 1999, by Ordinance
No. 642, the Mayor and Common Council of Westminster extended the
deferral for permits for undeveloped key site properties until November
23, 1999.
(5)
On October 11, 1999, the Housing and Community Affairs
Committee met and expressed concern as to the desirability of utilizing
key sites for noncommercial or business purposes. As a result, it
discussed the preparation and consideration of another zone for business
and commerce purposes to be designated as the "C-C Central Commerce
Zone" which would focus upon uses which were commercial and business-oriented
in nature. The Committee indicated its support for a zoning text amendment
making revisions to the C-B Central Business Zone and proposing the
new D-B Downtown Business Zone and a C-C Central Commerce Zone.
(6)
On October 11, 1999, a zoning text amendment in Case
No. TA99-3 addressing the Central Business District, the Downtown
Business District and the C-C Central Commerce Zone was filed with
the Zoning Administrator.
(7)
On November 4, 1999, the Planning and Zoning Commission
conducted a public hearing on the proposed zoning text amendment in
Case No. TA99-3. A public hearing on said proposed zoning text amendment
has been scheduled before the Mayor and Common Council of Westminster
for December 13, 1999.
(8)
The Mayor and Common Council of Westminster find that
immediate steps are required to protect the use and development of
the undeveloped key sites pending receipt of the recommendation of
the Committee on Housing and Community Affairs and action by the Mayor
and Common Council on the pending zoning text amendment in Case No.
TA99-3. It further finds that the public interest generally requires
this temporary deferral. It further finds that said deferral is reasonably
necessary to achieve the public goal regarding the systematic and
coordinated development and revitalization of the City's downtown
area and the encouragement of development in a manner designed to
strengthen business and commerce with the City.
(9)
Article XI-E of the Maryland Constitution, Articles 23A and 66B of the Annotated Code of Maryland and § 15 et seq. of the City's Charter authorize the Mayor and Common Council of Westminster to enact ordinances for the protection and promotion of public safety, health, morals and welfare, including but not limited to matters relating to planning and zoning.
B.
Deferral of applications for permits for undeveloped
key site properties. From and after the effective date of this section
until February 22, 2000, the City shall not process or approve an
application for a building permit, or site plan for any use or development
of the undeveloped key site properties in order to allow the Mayor
and Common Council of Westminster and its Committee on Housing and
Community Affairs to complete its findings with respect to the impact
on the use of said undeveloped key site properties resulting from
any proposed text amendment and to take action on the pending zoning
text amendment in Case No. TA99-3.
[Added 7-14-2008 by Ord. No. 783]
[1]
Editor's Note: Former Art. II, Uninhabitable
Buildings, added 1-19-1995 by Ord. No. 591, was repealed 3-26-2001
by Ord. No. 662.
A.
The purpose of this article is to promote the health, safety, morals
and general welfare of the community by providing for the vacation,
removal, repair or demolition of dangerous buildings which may exist
in the City.
B.
Article XI-E of the Maryland Constitution, Article 23A of the Annotated
Code of Maryland and the City's Charter authorize the Mayor and
Common Council to enact ordinances for the protection and promotion
of public safety, health, morals and welfare.
As used in this article, the following terms shall have the
meanings indicated:
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or chattels, including any cabin or mobile house.
Director of Planning, Zoning and Development.
Any building which shall be found to have any of the defects set forth in § 56-8 so as to make it uninhabitable for human habitation.
Any building which is found by the Director to have any of the
following defects so as to make it uninhabitable for human habitation
shall be so designated and placarded by the Director. Said building
is uninhabitable if the Director finds that it is:
A.
One which is so damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public; or
B.
One which lacks illumination, ventilation, or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public;
C.
One which because of its general condition or location is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
A.
The Director shall cause to be posted on any building declared by
the Director as uninhabitable with a placard reading "Uninhabitable
Building." It shall be unlawful for any person to enter such building
or structure after the date set forth on the placard to vacate except
for the reason of making required repairs or of demolishing the building.
B.
The placard shall include the following:
(1)
Name of the City;
(2)
The chapter and section of the Code under which it is issued;
(3)
An order that the building shall be vacated by a stated date and
must remain vacant until the order to vacate is withdrawn;
(4)
The date the placard is posted;
(5)
The statement of the penalty for defacing or removal of the placard;
and
(6)
A statement stating "This Building Is Declared Uninhabitable and
Its Use or Occupancy Has Been Prohibited By The City of Westminster,"
and the placard shall bear the signature of the Director.
A.
No person shall deface or remove the placard from any building which
has been declared or placarded as uninhabitable except by authority
in writing from the Director.
B.
The Director shall cause to be removed the said placard whenever
the defect or defects upon which the declaration and placarding action
were based have been eliminated or when the building is demolished.
Any building declared as uninhabitable and so designated and
posted shall be vacated within a reasonable time as ordered by the
Director, and it shall be unlawful for any owner or landlord to let
any person inhabit or occupy said building which has been declared
and posted by the Director as uninhabitable after the date set forth
in the placard.
A.
Whenever the Director has declared a building as uninhabitable, the
Director shall give written notice to the owner. Such notice to the
owner shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reasons why it is being issued;
(4)
State the date when the occupants must vacate the building if the
defects have not been eliminated and the order to vacate withdrawn;
(5)
State the corrections needed to rectify the conditions which form
the basis of the finding that the building is uninhabitable:
(6)
State if the building's windows and doors are required to be
boarded up; and
(7)
State the time provided to correct the conditions or to provide for
the demolition of the building.
B.
Service of notice. Service of notice that a building is uninhabitable
and must be vacated is required as follows:
(1)
By delivery to the owner personally or by leaving a notice at the
usual place of abode of the owner with a person of suitable age and
discretion; or
(2)
By depositing the notice in the United States post office addressed
to the owner at the owner's last known address with postage prepaid
thereon; or
(3)
By posting a copy of the notice in placard form in a conspicuous
place on the premises to be vacated.
It shall be the responsibility of the owner of the property
to remove all unsanitary or flammable material and to board up all
windows and doors after a building has been properly determined to
be uninhabitable, if such boarding up is determined by the Director
to be necessary for reasons of health and safety. In the event that
the owner of the property fails to properly seal the building against
unlawful entry, the Director shall take action to remove unsanitary
or flammable waste material and to board up all windows and doors
so as to prevent entrance. The cost of such action shall be a lien
on the property and shall be collectable in the same manner as delinquent
taxes.
A.
The Director shall order a building to be demolished if it has been
designated as uninhabitable, has been posted as such, has been vacated,
and has not been put into proper repair as to rescind the designation
as uninhabitable and to cause the placard to be removed in the time
provided in the notice to the property owner.
B.
After the Director has given an order to demolish an uninhabitable
building, the following procedures shall be followed:
(1)
The owner of any building which has been ordered demolished shall
be given notice in the manner provided for service of notice for uninhabitable
buildings and shall be given reasonable time not to exceed 90 days
to demolish such structure.
(2)
If the owner fails, neglects or refuses to demolish an uninhabitable
building within the requisite time, the Director may apply to a court
of competent jurisdiction for a demolition order to undertake demolition.
Before taking that action, the Director shall request a recommendation
from the Historic District Commission. Said recommendation shall be
made within 45 days from receipt. If a recommendation is not made
by the Commission within that time, the request shall be deemed to
be approved by it. The Director shall also obtain the approval of
the Mayor and Common Council before applying to a court for a demolition
order. In seeking that approval, the Director shall provide the Mayor
and Common Council with a copy of the recommendation of the Historic
District Commission as well as other information that the Director
deems appropriate. The cost of the demolition shall be a lien on the
property and collected in the same manner as delinquent taxes.
Whenever in the judgment of the Director an emergency exists
which requires immediate action to protect the public health, safety
and welfare, said Director may apply to a court of competent jurisdiction
for an order requiring such action as is appropriate to correct or
abate the emergency condition.
Violations of this article shall be deemed a municipal infraction.
The penalty for violation shall be $400 for each offense, which may
be doubled in accordance with Article 23A of the Annotated Code of
Maryland. Each day that the violation continues shall be a separate
offense. In addition thereto, the Mayor and Common Council of Westminster
may institute an injunction, mandamus, or other appropriate actions
or proceedings at law or equity for the enforcement of this article
or to correct the violations of it, and any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent,
injunctions or mandamus or other appropriate forms of remedy or relief.
