Any building permit issued shall become invalid if the authorized
use or construction for which the permit was issued is not commenced
within 180 days of the date of issuance or is suspended or abandoned
for a period of 180 days. The Zoning Administrator may, upon good
cause shown, extend a permit without additional charge for an additional
period not exceeding 180 days.
Upon satisfactory completion of required improvements as shown
on the approved site plan or a section thereof, the developer shall
submit to the Zoning Administrator four copies of the as-built site
plan, including the stormwater management facilities, certified by
the project engineer before occupancy of any building, for the review
and approval for conformity with the approved site plan by the appropriate
Town departments (as designated in this part). The Zoning Administrator
shall not process the occupancy permit until the appropriate as-built
site plan has been reviewed and approved by the Town Manager and other
appropriate agencies. As-built site plans should indicate any deviations
from site improvements shown on the final approved site plan. In addition
to paper copies, the developer shall provide the as-built site plan
in electronic format suitable to the Town.
Issuance of a special exception or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in §§
440-412 and
440-413, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a special exception permit have been met.
The recipient of any zoning, special exception, sign, or other
permit, or his successor and all property owners with an interest
therein or benefitted thereby, shall be responsible for maintaining
all common areas, improvements, or facilities required by this chapter
or any permit issued in accordance with its provisions, except those
areas, improvements, or facilities with respect to which an offer
of dedication to the public has been accepted by the Town. As illustrations
and without limiting the generality of the foregoing, this means that
private roads and parking areas, water and sewer lines, and recreational
facilities must be properly maintained so that they can be used in
the manner intended, and required vegetation and trees used for screening,
landscaping, or shading must be replaced if they die or are destroyed.
The Zoning Administrator shall keep records of all zoning permits
issued under this chapter; maintain permanent and current records
related to this chapter, including Zoning Maps, amendments, special
exceptions, variances, appeals, and planned unit development site
plans; and make annual reports and recommendations to the Planning
Commission and Town Council on matters pertaining to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Building permits or occupancy permits issued on the basis of
plans and applications approved by the Zoning Administrator authorize
only the use, arrangement and construction set forth in such permits
and plans, and no other. The use, arrangement or construction at variance
with that authorized shall be deemed a violation of this chapter.
Any property owner or other person with an enforceable legal
interest in a property may file an application to use such land for
one or more of the special exceptions provided in the zoning district
in which the land is located.
Such application for special exception shall be filed with the Zoning Administrator on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and/or data as necessary and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed use will conform to the standards hereinafter set forth. Such application shall be forwarded from the Zoning Administrator to the Board of Appeals for review and decision. The Board of Appeals shall, within 60 days of the conclusion of the public hearing held in accordance with §
440-424, render a decision on the application.
The Board of Appeals shall hold a public hearing on each application for a special exception at such time and place as shall be established by the Board of Appeals after providing public notice as provided in Article
V. The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as the Board of Appeals shall, by rule, prescribe from time to time.
For each application for a special exception, the Board of Appeals
shall normally, within 60 days of receipt of the application, conduct
its public hearing and report its findings and decisions, including
the stipulations or additional conditions and guarantees deemed necessary
for the protection of the public interest.
No special exception shall be approved by the Board of Appeals
unless such Board shall find:
A. That the establishment, maintenance and operation of the special
exception will not be detrimental to or endanger the public health,
safety, convenience, morals, order or general welfare.
B. That the special exception will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
C. That the exterior architectural appeal and functional plan of any
proposed structure will not be so at variance with either the exterior
architectural appeal and functional plan of the structures already
constructed or in the course of construction in the immediate neighborhood
or the character of the applicable district, as to cause a substantial
depreciation in the property values within the neighborhood.
D. That adequate utilities, water, sewer or septic system, access roads,
storm drainage and/or other necessary public facilities and improvements
have been or are being provided.
E. That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
F. That the proposed special exception is not contrary to the objectives
of the current Comprehensive Plan for the Town of Indian Head.
G. That the special exception shall, in all other respects, conform
to the applicable regulations of the district in which it is located
or to the special requirements established for the specific use.
H. Conditions and guarantees. Prior to the granting of any special exception, the Board of Appeals shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Article
XI. In all cases in which special exceptions are granted, the Board of Appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such proof shall be filed with the Board on or before March 15 of each year. The first filing shall not be made unless and until at least 12 months have elapsed since the date of the grant of the special exception.
No application for a special exception which has been denied
wholly or in part by the Board of Appeals shall be resubmitted for
a period of two years from the date of said order of denial, except
on the grounds of new evidence or proof of change of conditions found
to be valid by the Board of Appeals.
Notice of complaints received by any representative of the Town
concerning the operation of any special exceptions shall be transmitted
promptly to the Zoning Administrator, who will take appropriate action
as provided by law. The complainant shall be notified of the action
taken.
Certain buildings, structures and uses of land developed as special exceptions are of such substantially different character from other special exceptions that they require specific and additional standards to guide the decision of the Board of Appeals. See Article
XI for minimum standards for special exceptions.