[HISTORY: Adopted by the Mayor and Council of the Town of
Lonaconing 8-7-1899; amended in its entirety at time of adoption of Code (see Ch. 1,
General Provisions, Art. I). Subsequent amendments noted where applicable.]
It shall not be lawful for any person or persons, corporation
or corporations to erect, construct or build or commence the erection,
construction or building of any house, stable, outhouse or building
of any kind or description, or addition, improvement or alteration
of the same, or of any of them, without first making application to
the Clerk-Treasurer of the Mayor and Council of Lonaconing for permission
to build or make such addition, improvement or alteration and without
obtaining from said Mayor and Council of Lonaconing a permit to erect
said building or make said addition, improvement or alteration under
and in accordance with and subject to all the provisions of this chapter,
under a penalty of not less than $100 for each and every offense and
the further sum and penalty of $50 for each and every day said building,
house or stable or addition, improvement or alteration shall be permitted
to remain after the owner or builder shall have been notified to remove
the same by the Clerk-Treasurer of the Mayor and Council of Lonaconing;
provided, however, that the construction of all buildings for which
a building permit may be granted under these provisions must commence
within 120 days from the date of any such permit and be completed
in 18 months, and the building permit shall, if the construction has
not been commenced within said 120 days, be null and void, and it
shall then be necessary for the owner or builder to whom the building
permit may have been granted, and who has not commenced the construction
of the building within the time prescribed, to make application anew
the same as if no building permit had been granted.
All applications for permission to erect any building or make
any addition, improvement or alteration to any building on any of
the paved streets, lanes or alleys in said Town of Lonaconing shall
be filed with the Clerk-Treasurer of said Mayor and Council, who shall
post notices, at least five days before the next meeting of said Mayor
and Council, in three public places in said Town, at an expense to
the applicant of $10, to be paid said Mayor and Council in advance.
Said notice shall state the subject and object of the application
and shall warn all persons objecting thereto to file their protests
against the erection of said building with said Clerk-Treasurer before
the meeting of said Mayor and Council next succeeding the date of
said notice, at which meeting said application and protests (if any)
shall be considered and disposed of.
It shall and may be lawful for any person in building or repairing
any house or other building to occupy 1/2 part of any street, unless
some other person is building at the same time on the same street,
directly opposite, and in that case each one may occupy 1/3 part and
no more of any street or alley clear of the footway and watercourses
in front of any lot on which said buildings are erecting or such repairs
making, with the materials necessarily used in making such buildings
and repairs, for three months (unless the building be sooner completed),
and if any person or persons shall occupy said street or alley for
a longer time, he, she or they shall forfeit and pay to the Town the
sum of $50 for every day such obstruction shall be continued; provided,
however, that if the Mayor shall deem it expedient, he is hereby authorized
to grant a longer time for the use of the part of the street before
mentioned, and provided, also, that this privilege is granted only
upon this condition, that said person or persons so building and occupying
the street with materials shall and will at all times during the time
he, she or they are building keep open the watercourses on the outside
of the curbstone, and also keep 1/3 part of the sidewalk or pavement
next to the curbstone free and clear at all times of the material,
scaffolding, or any obstruction to the passage along said part of
said sidewalk.
It shall and may be lawful for any person employed in building
or repairing any house to enclose the front thereof, provided that
said enclosure does not obstruct more than 2/3 of the sidewalk or
remain longer than the time mentioned in the preceding section, and
any person offending against the provisions of this section shall
forfeit and pay a fine of $50 for every such offense.
It shall not be lawful for any person or persons to erect steps
or stairs on any street or alley in front of his, her or their house
of a greater width than one inch for every foot in width the sidewalk
or footwalk may be, upon which said steps or stairs shall be erected,
and for every violation of this section the guilty party shall be
liable to a fine of $50, and for every day such obstruction shall
be considered a distinct offense, and the owner shall be liable to
a fine of $50 for each offense.
Every person or persons, corporation or corporations making
application for a building permit under the provisions of this chapter
shall file with said Clerk-Treasurer an application, in writing, verified
by the oath of the applicant giving a plan and description of said
building or addition, improvement or alteration of the building and
the street along and upon which it is located, with a statement of
the size of the same and the nature of the materials to be used in
the construction of the same and the contract price or estimated cost
of the same, which said application shall be filed with said Clerk-Treasurer,
who shall file and keep a copy of the same, in a bundle or space set
apart especially for such applications and endorsements, and said
Town Clerk-Treasurer shall also keep a correct list of said applications
and the action of the Mayor and Council thereon, with a reference
to the original on file in his office. All permits to build shall
be issued in duplicate, one to be given to the applicant and the other
to be given to the Clerk-Treasurer of said Town to be kept by him,
whose duty it shall be to see that this chapter is not violated.
