This chapter shall be known, cited, and referred to as the "Town
of Indian Head Zoning Chapter."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
This chapter is intended to promote the orderly development of the
Town of Indian Head, Maryland, in accordance with the Official Comprehensive
Plan or any of the component parts thereof and in compliance with
the Land Use Article of the Annotated Code of Maryland, as amended.
This chapter is also intended to implement the requirements of the
Maryland Economic Growth, Resource Protection and Planning Act of
1992 and to regulate the use of land in the Chesapeake Bay Critical
Area in accordance with COMAR 27.01.01 to 27.01.11. It is also the
intent of this chapter that the extent of its applicability shall
be automatically changed in accordance with the provisions hereof
or with any provision of state law which may hereinafter affect the
applicability of this chapter.
B.
The purpose of this chapter is to implement the Comprehensive Plan
for the Town of Indian Head and to promote the health, safety, order,
convenience and general welfare of the citizens of the Town in accordance
with present and future needs. It is the further purpose of this chapter
to provide for economic and efficient land development, encourage
the most appropriate use of land, provide for convenient and safe
movement of people and goods, control the distribution and density
of population to areas where necessary public service can be provided,
protect historic and environmental areas, protect water quality and
promote habitat protection in the portions of Town located in the
Chesapeake Bay Critical Area, encourage good civic design, and provide
for adequate public utilities, facilities and services.
C.
The Zoning Map for the Town of Indian Head, Maryland, on file in
Indian Head Town Hall, is hereby adopted as the Official Zoning Map
for the Town of Indian Head.
This chapter shall be effective throughout the corporate boundaries
of the Town. Such planning jurisdiction may be modified from time
to time in accordance with the Land Use Article of the Annotated Code
of Maryland.
A.
The regulations set by this chapter within each district shall be
held to be the minimum requirements for the promotion and protection
of the public health, safety, morals, comfort, convenience, prosperity,
environment and natural resources, and general welfare and shall apply
uniformly to each class or kind of structure or land except as hereinafter
provided.
B.
It is not the intent of this chapter to repeal, abrogate, annul,
or in any way impair or interfere with any existing provisions of
law, chapter or resolution, or with any rules, regulations, or permits
previously adopted or issued, or which shall be adopted or issued
pursuant to law relating the use of buildings or premises, or with
any private restrictions placed upon property by covenant, deed, or
recorded plat. Where this chapter imposes a greater restriction upon
the use of buildings or premises or upon the heights or buildings
or requires greater lot areas, larger yards, or other open spaces
than are imposed or required by such existing provisions of law, chapter,
or resolution, or by such rules, regulations, or permits, or by such
private restrictions, the provisions of this chapter shall control.
C.
Whenever these regulations, subdivision plats, or development plans
approved in conformance with these regulations are in conflict with
other local chapters, regulations, or laws, the more restrictive chapter,
regulation, law, plat, or plan shall govern and shall be enforced
by appropriate local agencies. When subdivision and development plans,
approved by the Planning Commission, contain setback or other features
in excess of the minimum chapter requirements, such features as shown
on the approved plan shall govern and shall be enforced by the local
permit official. Private deed restrictions or private covenants (for
a subdivision) which have not been approved by the Planning Commission
and made a part of the approved subdivision plan do not fall within
the jurisdiction of enforcement by any local agency and cannot be
enforced by the permit official.
D.
To avoid undue hardship, nothing in this chapter shall be deemed
to require change in the plans, construction, or designated use of
any building or premises on which an application for a certificate
or permit was filed with the Town Manager prior to the date of adoption
of this chapter or amendment thereto, providing that the application
meets all zoning and other requirements in effect on the date of said
application. The issuance of said certificate or permit shall be valid
only if it is exercised within 180 days from the date of issuance
of the certificate or permit. "Exercised," as set forth in this subsection,
shall mean that binding contracts for the construction of the main
building or other main improvement have been let or, in the absence
of contracts, that the main building or other main improvement is
under construction to a substantial degree or that prerequisite conditions
involving substantial investments shall be under contract, in development,
or completed. When construction is not a part of the use, "exercised"
shall mean that the use is in operation in compliance with the conditions
as set forth in the permit or certificate.
It is hereby declared to be the intention of the Town Council
that the sections, paragraphs, sentences, clauses, and phrases of
this chapter are severable, and if any such section, paragraph, sentence,
clause, or phrase is declared unconstitutional or otherwise invalid
by any court of competent jurisdiction in a valid judgment or decree,
such unconstitutionality or invalidity shall not affect any of the
remaining sections, paragraphs, sentences, clauses, or phrases of
this chapter since the same would have been enacted without the incorporation
into this chapter of such unconstitutional or invalid section, paragraph,
sentence, clause, or phrase.
A.
The location and boundaries of zones established in this chapter
shall be as shown on the Zoning Map for the Town of Indian Head. This
map, sections or portions thereof, together with all notations, dimensions,
designations, references, and other data shown thereon, are made a
part of this chapter to the same extent as if the information set
forth on the map were fully described and incorporated herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Where uncertainty exists as to the boundaries of any of the zones
established in this chapter, as shown on the Zoning Map, the following
rules shall apply:
(1)
Zone boundary lines are intended to follow street, alley, or
lot lines or lines parallel or perpendicular thereto, unless such
zone boundary lines are otherwise identified on the Zoning Map;
(2)
Where zone boundaries are indicated as approximately following
street or alley lines or proposed street lines, such lines shall be
construed to be such boundaries;
(3)
Where zone boundaries are so indicated that they approximately
follow lot lines and are not more than 10 feet distant therefrom,
such lot lines shall be such boundaries;
(4)
In unsubdivided property, or where a zone boundary divides a
lot, the location of any such boundary, unless the same is identified
on such maps, shall be determined by the use of the map scale shown
thereon and scaled to the nearest foot.
C.
Any area annexed to Indian Head after the date of adoption shall
immediately, upon such annexation, be automatically classified in
the most nearly comparable zone until a Zoning Map amendment for such
area has been adopted by the Town Council. The Commission shall recommend
to the Council appropriate zoning for the annexed area within six
months after the effective date of such annexation.
A.
For the purpose of this chapter, permitted uses are listed for the
various districts. Unless the contrary is clear from the context of
the list of permitted uses or other regulations contained within this
chapter, uses not specifically permitted are prohibited, except that
a use may be declared by the Planning Commission to be allowed as
a permitted use upon application and following a public hearing and
finding that there is no appreciable difference in the quality, character,
or degree of the requested use as compared with the permitted uses
in the zoning district.
B.
No building or tract of land shall be devoted to any use other than
a use permitted hereinafter in the zoning district in which such building
or tract of land shall be located, with the exception of the following:
A.
No concept or plan for a subdivision or development plan for a planned development shall be approved unless the Planning Commission first determines that adequate facilities, within the criteria as specified in Article XIX, are available to support and service the proposed subdivision or planned development.
B.
The applicant shall submit with any subdivision concept plan or PUD
plan sufficient information and data to demonstrate the expected impact
on the use of the public facilities by Town residents or occupants
of the proposed subdivision or PUD.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
No accessory uses or structures shall be permitted on vacant lots unless the principal use or structure is previously existing or until construction has begun on the principal use or structure to the point of putting in place footings and foundation members and providing the construction on the principal use or structure is diligently pursued, or unless such use or structure is permitted by the provisions of Article X of this chapter.
A.
Subject to Article VIII of this chapter, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.
B.
For the purposes of this section, the "use" or "occupancy" of a building
or lands relates to anything and everything that is done to, on, or
in that building or land.
Violation of this chapter shall be punishable as provided in Article VII.
To the extent that the provisions of this chapter are substantially
the same as the previously adopted provisions that they replace in
the Town's zoning, subdivision, or flood control ordinances, they
shall be considered as continuations thereof and not as new enactments
unless otherwise specifically provided. In particular, a situation
that did not constitute a lawful, nonconforming situation under the
previously adopted chapter does not achieve lawful, nonconforming
status under this chapter merely by the repeal of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Fees established in accordance with the Town of Indian Head
Budget Ordinance shall be paid upon submission of a signed application
or notice of appeal, unless otherwise determined by the Zoning Administrator.
A.
Unless otherwise specifically provided, the time within which an
act is to be done shall be computed by excluding the first and including
the last day. If the last day is a Saturday, Sunday, or legal holiday,
that day shall be excluded. When the period of time prescribed is
less than seven days, intermediate Saturdays, Sundays, and holidays
shall be excluded.
B.
Unless otherwise specifically provided, whenever a person has the
right or is required to do some act within a prescribed period after
the service of a notice or other paper upon him and the notice or
paper is served by mail, three days shall be added to the prescribed
period.
