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.
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.
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.
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.