A.
No building or other structure shall be erected, nor shall any existing
building or structure be moved, added to, enlarged, or structurally
altered, and no excavation for any building or other structure shall
begin without the issuance of a building permit by the Zoning Administrator.
B.
No building, or other structure, or land shall be used, nor shall
any buildings, structure, or land be converted, wholly or in part,
to any other use, except for a single-family dwelling, agricultural
purposes, accessory uses, or home occupations permitted under the
provisions of this chapter, until an occupancy permit certifying compliance
with these regulations has been issued by the Zoning Administrator.
C.
In addition to the building permit and occupancy permit, the following
permits may be required by the Zoning Administrator:
(1)
Permits authorized by the Board of Appeals. The Zoning Administrator
shall issue permits in conformance with the written authorization
of the Board of Appeals concerning administrative review appeals,
special exception permit appeals, dimensional variance appeals, or
other appeals as authorized in this chapter.
(2)
Wrecking permits. No building or other structures shall be razed,
demolished, or removed, either entirely or in part, nor shall any
of said activities be commenced, without a wrecking permit.
(3)
Sign permits. No sign shall be created, erected, moved, added
to, or structurally altered, nor shall any of said activities be commenced
without a sign permit.
(4)
Other permits. Additional permits, including approvals by other
agencies, including but not limited to the Maryland Chesapeake Bay
Critical Area Commission, may be required to enforce the provisions
of this chapter.
D.
Permits are issued under this chapter only when a review of the application
submitted, including the plans contained therein, indicates that the
development will comply with the provisions of this chapter if completed
as proposed. Such plans and applications as are finally approved are
incorporated into any permit issued, and all development shall occur
strictly in accordance with such approved plans and applications.
E.
Physical improvements to land to be subdivided may not be commenced until final plat approval by the Planning Commission (see Chapter 387, Subdivision of Land).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
F.
In the discharge of his duties, the Zoning Administrator or his authorized
representative shall have the authority to enter at any reasonable
hour any building, structure, or premises in the Town to enforce the
provisions of this chapter. He may adopt a badge of office for himself
and assistants that shall be displayed for the purpose of identification.
The assistance and cooperation of sheriffs and/or police, fire, and
health departments and all other Town officials shall be available
to him as required in the performance of his duties.
G.
In the event that the owner or occupant denies access for inspection,
the owner/occupant shall be responsible for all legal and administrative
costs associated with the issuance of an administrative search warrant
or injunction from the appropriate court.
A.
Compliance with other codes, statutes, and regulations. Nothing in
this part or other sections of this chapter shall be construed to
exempt any applicant for a permit from compliance with all local,
state, and federal codes, statutes, and regulations.
B.
Prior permits. No building permit which was lawfully issued prior
to the original effective date of this chapter or the effective date
of any amendment to this chapter and which is in full force and effect
at said date shall be invalidated by the passage of this chapter,
provided that all such permits shall expire not later than 120 days
from the effective date of this chapter, unless actual construction
shall have begun and continued pursuant to the terms of said permit.
C.
Conflict with other permits. Except as provided herein, no permit
pertaining to the use of land or buildings shall be issued by any
agency, department or employee unless a zoning permit has been issued
by the Zoning Administrator. Any permit issued in conflict with the
provisions of this chapter shall be null and void.
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.
A.
All applications for permits shall be accompanied by such plans and
information as the Town of Indian Head deems to be necessary to determine
compliance and provide for enforcement of this chapter. The application
materials listed in Appendix A[1] shall be the minimum. Additional information may be required.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
After reviewing the application materials, the Zoning Administrator
shall mark the application either as "approved" or "disapproved" and
attest to the same by signature on such copy. The Zoning Administrator
shall notify the applicant, in writing, not later than 45 days after
receipt of the site plan.
C.
Site plans required.
(1)
Minor site plan. A minor site plan shall be filed for a single-family
dwelling, a duplex, a residence with an accessory apartment, any accessory
building, an addition or change of a commercial or industrial structure,
or for a special exception use which does not require a building permit.
Upon determination by the Zoning Administrator, in those cases where
a field inspection indicates that the scope of the proposed building,
addition, accessory use, or special exception is of such a nature
that the provisions for the handling of natural water and stormwater,
sediment control, off-street parking, setbacks, water and sewerage,
and other requirements cannot be adequately addressed with a minor
site plan, a major site plan shall be required.
(2)
Major site plan. All applications for building permits, other
than those accompanied by a minor site plan, or those that are considered
minor or major subdivisions (see definitions), shall be accompanied
by a major site plans.
(3)
General development plan.
(a)
A "general development plan" is a site plan by which, at the
early stages of development design, the Planning Commission may consider,
approve, or restrict major aspects of the development without requiring
an undue amount of final design work on the part of the developer.
The general development plan is less detailed and specific than a
major site plan in terms of exact arrangement of buildings, parking
areas, open spaces, access points, and any other site design features.
No building permits can be issued based upon a general development
plan.
(b)
General development plans shall be required as follows:
D.
The following additional requirements shall be applicable to site
plans required under this section:
(1)
Compliance with applicable established design criteria, construction
standards, and specifications for all improvements as may be required
by the Town Council and this chapter.
(2)
The building permit shall not be issued unless and until the
State Highway Administration has approved the site plan as it relates
to access point design details and parking lot circulation layout
on a state highway.
(3)
Other approvals. If this chapter requires approval by another
agency, including but not limited to the Chesapeake Bay Critical Area
Commission, of certain site plan features, such approval shall be
obtained prior to issuance of a building permit.
(4)
Development plan as site plan. In any case, where the Zoning
Administrator has approved a detailed final development plan showing
essentially the same information as required above for the property
seeking a building permit, no separate site plan shall be required
to be prepared. The applicant shall be required to supply such supplementary
information as necessary to comply with all requirements of this section.
(5)
Any or all of the information required for a minor or major
site plan may be waived if the Zoning Administrator finds that it
is not needed to make a determination of zoning compliance.
(6)
The basic information required with building permit applications
is shown in Appendix A.
A.
Occupancy permit required. No person shall use or permit the use
of any structure or premises or part thereof hereafter created, erected,
changed, converted, enlarged or moved, wholly or partly, until an
occupancy permit shall have been issued by the Zoning Administrator.
Such certificates shall show that the structure or use, or both, or
the premises, or the affected part thereof are in conformity with
the provisions of this chapter. It shall be the duty of the Zoning
Administrator to issue such permit if it is found that all of the
provisions of this chapter have been met and to withhold or revoke
such permit unless all requirements of this chapter and all other
applicable regulations have been met. Within 14 calendar days after
written notification that the building or premises is ready for inspection,
an occupancy permit shall be issued or written notice given to the
applicant, stating in fact why an occupancy permit cannot be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Temporary occupancy permits. A temporary occupancy permit may be
issued by the Zoning Administrator for a period not exceeding six
months during alterations or partial occupancy of a building pending
its completion in accordance with general rules or regulations concerning
such additional conditions or safeguards as are necessary in the circumstances
of the case to protect the safety of the general public.
C.
Occupancy permit for existing uses or structures. Upon request from
the owner or tenant, and upon inspection to determine the facts in
the case, the Zoning Administrator shall issue an occupancy permit
for any building premises or use that is conformity with the provisions
of this chapter or that a legal nonconformity exists as specified
in the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
No occupancy permit shall be issued until all stormwater management
facilities are completed and functioning, or bonded for completion
in accordance with this chapter. Any stormwater management structure
which creates an embankment of four feet or greater or any other structure
of significant size or impact to downstream drainage shall be inspected
during construction and upon completion by the Soil Conservation Service.
E.
A final occupancy permit may be issued for any appropriate complete
building or part of building located in a part of the total area of
an approved site plan, such part of the total area to be known as
a "section," provided:
(1)
The other on-site construction and improvements included in the approved site plan for the section have been inspected and accepted by the Zoning Administrator and other appropriate agencies, and a certified as-built site plan (see § 440-406) has been submitted to the Zoning Administrator two weeks prior to the proposed date of occupancy; and
(2)
The off-site improvements related to and necessary to service
the section have been completed and inspected and accepted by the
Zoning Administrator, the State Highway Administration or appropriate
agencies; and the developer has submitted a certified as-built drawing
for the section; or the developer has provided surety acceptable to
the appropriate agencies.
A.
Unless specifically provided in this chapter, the construction standards
for all off-site improvements and on-site improvements required by
this part shall conform to the Town design and construction standards
contained in Appendixes B, C, and D.[1] Appropriate Town authorities shall approve the plans and
specifications for all required improvements and shall inspect the
construction of such improvements to assure conformity thereto.
[1]
Editor's Note: Said appendixes are included as an attachment to this chapter.
B.
Inspection during the installation of the off-site improvements shall
be made by the department responsible for monitoring or maintaining
such improvements as required to certify compliance with the approved
site plan and applicable standards.
C.
The owner shall notify the appropriate Town agencies, in writing,
three days prior to the beginning of all street, water sewer or storm
sewer work to be performed.
D.
The owner shall provide adequate supervision on the site during the
installation of all required improvements and have a responsible superintendent
or foreman, together with one set of approved plans, profiles, and
specifications, available at all times when work is being performed.
E.
Upon satisfactory completion of the required improvements and after
having received verification by the appropriate Town approving authorities,
the Zoning Administrator shall recommend to the Town Manager the release
of any bond which may have been furnished for the guarantee of satisfactory
installation of such improvements of parts thereof. This release shall
provide for 25% of the total bond to be retained for a period of 12
months after completion of all work. The bond retention period may
be extended for an additional 12 months if major failures or deficiencies
occur as determined by the Zoning Administrator. Said retainer shall
be for the protection of the Town to cover failures, discrepancies,
etc., in the previously approved improvements.
F.
The installation of improvements as required in this part shall in
no case serve to bind the Town to accept such improvement for the
maintenance, repair, or operation thereof.
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.
A.
Applications for zoning, special exception, sign permits, other permits,
or minor subdivision plat approval will be accepted only from persons
having the legal authority to take action in accordance with the permit
or the minor subdivision plat approval. By way of illustration, in
general this means that applications should be made by the owners
or lessees of property, or their agents, or persons who have contracted
to purchase property contingent upon their ability to acquire the
necessary permits under this chapter, or the agents of such persons
(who may make application in the name of such owners, lessees, or
contract purchasers).
A.
All applications for zoning, special exception, sign permits, or
other permits must be complete before the permit-issuing authority
is required to consider the application.
B.
Subject to § 440-400, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter.
C.
In this chapter, detailed or technical design requirements and construction
specifications relating to various types of improvements (streets,
sidewalks, etc.) are set forth in one or more of the appendixes to
this chapter.[1] It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendixes, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of this chapter. However, whenever this chapter requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these appendixes, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article VII.
[1]
Editor's Note: The appendixes are included as attachments to this chapter.
D.
The presumption established by this chapter is that all of the information
set forth in Appendix A is necessary to satisfy the requirements of
this section. However, it is recognized that each development is unique,
and therefore the permit-issuing authority may allow less information
or require more information to be submitted according to the needs
of the particular case. This is particularly true for projects located
in those portions of the Town in the Critical Area District. For applications
submitted to the Board of Appeals, the applicant may rely in the first
instance on the recommendations of the Administrator as to whether
more or less information than that set forth in the Appendix A should
be submitted.
E.
The Administrator shall make every effort to develop application
forms, instructional sheets, checklists, or other techniques or devices
to assist applicants in understanding the application requirements
and the form and type of information that must be submitted. In classes
of cases where a minimal amount of information is necessary to enable
the Administrator to determine compliance with this chapter, such
as applications for zoning permits to construct single-family or two-family
houses, or applications for sign permits, the Administrator shall
develop standard forms that will expedite the submission of the necessary
plans and other required information.
A.
To minimize development planning costs, avoid misunderstanding or
misinterpretation, and ensure compliance with the requirements of
this chapter, a preapplication meeting between the developer and the
Zoning Administrator is encouraged or required as provided in this
section.
B.
Before submitting an application for a zoning permit authorizing
a development that consists of or contains a major subdivision, the
developer shall submit to the Zoning Administrator a preapplication
concept plan of such subdivision, drawn approximately to scale (one
inch equals 100 feet). The concept plan shall contain the information
set forth in Appendix A.[1] The Administrator shall meet with the developer as soon
as conveniently possible to review the sketch plan.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Upon receipt of a formal application for a zoning or special exception
permit, the Administrator shall review the application and confer
with the applicant to ensure that the applicant understands the Town
staff's interpretation of the applicable requirements of this chapter,
that the applicant has submitted all of the information that the applicant
intends to submit, and that the application represents precisely and
completely what the applicant proposes to do.
B.
If the application is for a special exception permit, the Zoning
Administrator shall place the application on the agenda of the appropriate
board when the applicant indicates that the application is as complete
as the applicant intends to make it. However, if the Administrator
believes that the application is incomplete, the Zoning Administrator
shall recommend to the appropriate board that the application be denied
on that basis.
A.
In cases when, because of weather conditions or other factors beyond
the control of the zoning permit recipient (exclusive of financial
hardship), it would be unreasonable to require the zoning permit recipient
to comply with all of the requirements of this chapter prior to commencing
the intended use of the property or occupying any buildings, the Administrator
may authorize the commencement of the intended use or the occupancy
of buildings (insofar as the requirements of this chapter are concerned)
if the permit recipient provides a performance bond or other security
satisfactory to the Administrator to ensure that all of the requirements
of this chapter will be fulfilled within a reasonable period (not
to exceed 12 months) determined by the Administrator.
B.
With respect to subdivisions in which the developer is selling only
undeveloped lots, the Planning Commission may authorize final plat
approval and the sale of lots before all the requirements of this
article are fulfilled if the subdivider provides a performance bond
or other security satisfactory to the Town Manager to ensure that
all of these requirements will be fulfilled within not more than 12
months after final approval.
A.
As a prerequisite to taking advantage of the provisions of § 440-412A, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this chapter that will be satisfied with respect to each phase or stage.
C.
If a development that is to be built in phases or stages includes
improvements that are designed to relate to, benefit, or be used by
the entire development (such as a swimming pool or tennis courts in
a residential development), then as part of his application for development
approval, the developer shall submit a proposed schedule for completion
of such improvements. The schedule shall relate completion of such
improvements to completion of one or more phases or stages of the
entire development. Once a schedule has been approved and made part
of the permit by the permit-issuing authority, no land may be used,
no buildings may be occupied, and no subdivision lots may be sold
except in accordance with the schedule approved as part of the permit,
provided that:
A.
Zoning, special exception, sign, and other permits shall expire automatically
if, within 180 days of the issuance of such permits:
(1)
The use authorized by such permits has not commenced, in circumstances
where substantial construction, erection, alteration, excavation,
demolition, or similar work is necessary before commencement of such
use; or
(2)
Less than 10% of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see § 440-413), this requirement shall apply only to the first phase.
B.
If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of 180 days, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of § 440-415.
C.
The Zoning Administrator may extend, for a period of up to 180 days, the date when a permit would otherwise expire pursuant to Subsection A or B if it concludes that the permit has not yet expired, the permit recipient has proceeded with due diligence and in good faith, and conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to 180 days upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.
D.
For purposes of this section, a permit within the jurisdiction of
the Board of Appeals is issued when such Board votes to approve the
application with or without conditions (written minutes of such Board
action will state conditions in full) and issue the permit. A permit
within the jurisdiction of the Zoning Administrator is issued when
the earlier of the following takes place:
(1)
A copy of the fully executed permit is delivered to the permit
recipient, and delivery is accomplished when the permit is hand-delivered
or mailed to the permit applicant; or
(2)
The Zoning Administrator notifies the permit applicant that
the applicant has been approved and that all that remains before a
fully executed permit can be delivered is for the applicant to take
certain specified actions, such as having the permit executed by the
property owner so it can be recorded if required.
A.
Zoning, special exception, sign and other permits authorize the permittee
to make use of land and structures in a particular way. Such permits
are transferable. However, so long as the land or structures or any
portion thereof covered under a permit continues to be used for the
purposes for which the permit was granted, then:
(1)
No person (including successors or assigns of the person who
obtained the permit) may make use of the land or structures covered
under such permit for the purposes authorized in the permit except
in accordance with all the terms and requirements of that permit;
and
(2)
The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in Subsection B) of the existence of the permit at the time they acquired their interest.
B.
Whenever a zoning or special exception permit is issued to authorize
development (other than single-family or two-family residences) on
a tract of land in excess of one acre, nothing authorized by the permit
may be done until the record owner of the property signs a written
acknowledgement that the permit has been issued so that the permit
may be recorded in the Indian Head Town Hall and indexed under the
record owner's name as grantor.
A.
Insignificant deviations from the permit (including approved plans)
issued by the Board of Appeals or Administrator are permissible, and
the Administrator may authorize such insignificant deviations. A deviation
is "insignificant" if it has no discernible impact on neighboring
properties, the general public, or those intended to occupy or use
the proposed development.
B.
Minor design modifications or changes in permits (including approved
plans) are permissible with the approval of the permit-issuing authority.
Such permission may be obtained without a formal application, public
hearing, or payment of any additional fee. For purposes of this section,
"minor design modifications or changes" are those that have no substantial
impact on neighboring properties, the general public, or those intended
to occupy or use the proposed development.
C.
All other requests for changes in approved plans will be processed
as new applications. If such requests are required to be acted upon
by the Board of Appeals, new conditions may be imposed, but the applicant
retains the right to reject such additional conditions by withdrawing
his request for an amendment and may then proceed in accordance with
the previously issued permit.
E.
A developer requesting approval of changes shall submit a written
request for such approval to the Administrator, and that request shall
identify the changes. Approval of all changes must be given in writing.
A.
Whenever the Board of Appeals disapproves an application for a special
exception permit or a variance on any basis other than the failure
of the applicant to submit a complete application, such action may
not be reconsidered by the Board at a later time unless the applicant
clearly demonstrates that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
Circumstances affecting the property that is the subject of
the application have substantially changed; or
(2)
New information is available that could not, with reasonable diligence, have been presented at a previous hearing. A request to be heard on this basis must be filed with the Administrator within the time period for an appeal to the Charles County Circuit Court (see Article VII). However, such a request does not extend the period within which an appeal must be taken.
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.
A.
The development and execution of this chapter are based upon the
division of the Town into districts within which the use of land and
buildings and the bulk and location of buildings and structures in
relation to the land are substantially uniform. It is recognized,
however, that there are certain uses which, because of their unique
characteristics, cannot be properly classified in any particular district
or districts without consideration in each case of the impact of those
uses upon neighboring land and of the public need for the particular
use at the particular location.
B.
The intent of this part is to establish procedures and minimum standards
to be used as guidelines for the consideration and authorization of
those uses classified as special exceptions under the respective district
regulations.
C.
The granting of a special exception does not exempt the applicant
from complying with all other requirements of this chapter or of the
law.
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.
A.
Failure to comply with conditions. Whenever the Zoning Administrator
shall find, in the case of any permit heretofore or hereafter granted
pursuant to the provisions of this part, that any of the terms, conditions,
or restrictions upon which such permit was granted are not being complied
with, the Board is authorized, after due notice to all parties concerned
and granting full opportunity for a public hearing, to suspend or
revoke such permit or take other action as it deems necessary to ensure
compliance. The Board is authorized to request and obtain investigations
and reports as to compliance from such Town or state agencies or administrative
officers as may be appropriate.
B.
Abandonment, etc. Whenever the Zoning Administrator shall determine
that a special exception appears to have been abandoned, that an approved
special exception is not initiated within one year after the date
of approval, that its annual proof referred to above has not been
filed within 45 days of its due date,[1] or that all of the terms and conditions of its grant are
not being complied with, the Zoning Administrator shall notify the
Board and the Town Attorney's office. Upon receipts of notice of such
determination by the Administrator, the Board shall issue an order
to show cause why such special exception should not be revoked. Notice
thereof shall be given to the party to whom the special exception
has been granted and to all parties who would be entitled to receive
notice of a new application for special exception concerning the property.
The applicant shall have 60 days from the date of written notice of
expiration to file an appeal of said notice.
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.
