[Amended 8-12-2014 by Ord. No. 2014-1; 11-18-2014 by Ord. No.
2014-2]
A.
Office established. There is hereby established the Office of Zoning
Administrator. The Office shall be filled by a person appointed by
the County Commissioners. Any person appointed to the Office shall
be qualified by education, experience, or training to administer and
enforce the provisions of this chapter. Any person so appointed shall
maintain no interest in any matter which may be construed by the County
Commissioners to be in conflict with the duties and decisions of the
Office of Zoning Administrator.
B.
Power and duties. The Zoning Administrator shall have the power to:
[Amended 6-12-2018 by Ord. No. 2018-3]
(1)
Interpret the provisions of this chapter.
(2)
Enforce the provisions of this chapter and issue all necessary
notices or orders to achieve compliance with said provisions.
(3)
Make any inspections required by this chapter or necessary to
enforce this chapter and engage the assistance of any person or agency
deemed necessary to make such inspection. This includes the authority
to make application for an administrative warrant with the consent
of the County Commissioners.
(4)
Establish application requirements and schedules for review
of applications and appeals and formulate and promulgate rules and
procedures. Such rules and procedures shall not conflict with, but
may be in addition to, those rules and procedures already included
in this chapter.
(5)
Make findings related to this chapter except for those expressly
reserved to the Planning Commission or Board of Zoning Appeals and
maintain a file for inspection by the public of findings and declaratory
rulings on issues of interpretation of this chapter.
(6)
Approve or disapprove applications for administrative variances
as authorized by this chapter and maintain a file for inspection by
the public of all administrative variances granted or denied under
the provisions of this chapter.
(7)
Approve or disapprove applications for administrative adjustments
as authorized by this chapter and maintain a file for inspection by
the public of all administrative adjustments granted or denied under
the provisions of this chapter.
(8)
Approve or disapprove applications for minor site plans and
subdivision under the provisions of this chapter.
(9)
Identify and process violations of this chapter including the
issuance of civil citations, cease-and-desist orders, orders of abatement
and other such legal actions necessary to achieve compliance with
this chapter.
(10)
Maintain all official records of applications, certificates,
fees, inspections, notices, orders and citations.
(11)
Receive, file and forward to the Board of Zoning Appeals all
applications for variances or other matters on which the Board is
required to review or approve under the provisions of this chapter.
(12)
Receive, file and forward to the Planning Commission all applications
for major subdivision, site plans or other matters which the Commission
is required to review or approve under the provisions of this chapter.
(13)
Assure compliance with and enforce the decisions of the Planning
Commission and Board of Zoning Appeals.
(14)
Provide information to the public on matters relating to this
chapter.
(15)
Approve temporary uses as authorized by this chapter.
A.
Certificate and/or permit required; exception.
(1)
It is unlawful to change the use, to locate or to begin the new use,
erection, construction, reconstruction, extension, conversion or structural
alteration of any lot or structure without first obtaining a zoning
certificate and/or building permit from the Zoning Administrator.
Residential accessory buildings 200 square feet or less and commercial,
industrial and institutional accessory buildings 120 square feet or
less do not require a zoning certificate and/or building permit.
(2)
A zoning certificate and/or building permit shall
be obtained before any construction or development is undertaken within
a regulated floodplain. No permit shall be issued until the proposed
project has been approved by all other applicable local, state and
federal authorities.
B.
Application requirements.
(1)
Applications generally.
(a)
An application for a zoning certificate and/or
building permit shall be on forms approved by the Zoning Administrator.
As part of the application, the Zoning Administrator shall require
such information as is necessary to ensure compliance with this chapter.
(b)
No zoning certificate and/or building permit
shall be issued until water supply and sewage disposal systems have
been approved by the County Health Department, if applicable.
(c)
No zoning certificate and/or building permit
shall be issued until the proposed location and design of any driveway
or drainage structures to be connected with any County or state road
right-of-way or drainage system have been approved by either the County
Roads Engineer or the State Highway Administration District Engineer,
whichever has jurisdiction.
C.
Conditions of issuance.
(1)
A zoning certificate and/or building permit issued
on the basis of an approved application and/or site plan authorizes
only the use, arrangement and construction set forth in such application
and/or plan.
(2)
This chapter does not require a change in the plans,
construction or designated use of any structure or lot for which a
zoning certificate and/or building permit has been approved prior
to the effective date of this chapter, provided that such approved
activity continues in compliance with all terms of the previously
approved certificate and/or permit.
D.
Inspections. Preliminary and final inspections shall
be required after the issuance of a zoning certificate and/or building
permit. The applicant shall notify the Zoning Administrator when the
applicant is ready for each inspection. A certificate of occupancy
shall be required for all new dwellings, additions to dwellings, commercial,
industrial and institutional projects which require a zoning certificate
and/or building permit.
E.
Expiration or renewal. A zoning certificate and/or
building permit shall become void one year after the date of issuance
if the construction or use for which the certificate and permit was
issued has not been started and has not been carried on in a diligent
manner. The Zoning Administrator may renew the certificate or permit
for one additional year, if the renewal is justified.
A.
The County Commissioners shall establish a schedule
of fees and a collection procedure for zoning certificates, building
permits, occupancy permits, appeals, special use exceptions, variances,
rezonings, certified letters and other matters pertaining to this
chapter. The schedule of fees may be amended from time to time by
resolution of the County Commissioners.
B.
No zoning certificate and/or building permit shall
be issued unless and until all fees have been paid in full, nor shall
any action be taken on proceedings before the Board of Zoning Appeals
or the Planning Commission unless or until preliminary fees have been
paid in full.
The Zoning Administrator or his duly authorized
agents have the right to enter and inspect any structure or land in
order to verify that the structure or land complies with the provisions
of this chapter. If the Zoning Administrator finds that any of the
provisions of this chapter are being violated, the Zoning Administrator
shall notify, by certified mail, the property owner and/or person
responsible for such violation. The notice shall indicate the nature
of the violation and order the action necessary to correct it within
a reasonable length of time. If, at the conclusion of said reasonable
length of time, the violation has not been satisfactorily corrected
in the judgment of the Zoning Administrator, the Zoning Administrator
shall order and seek appropriate action to bring about the correction
of such violation.
[Amended 6-12-2018 by Ord. No. 2018-3]
Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may report the violation,
either verbally or in writing, to the Zoning Administrator. Complaints
shall be filed immediately in a permanent file by the Zoning Administrator,
who shall have the power to immediately investigate and take action
as provided by this chapter.
A.
A violation of the provisions of the Zoning Chapter or its requirements shall be considered a civil infraction subject to a Class A civil fine under Chapter 92. The Zoning Administrator or the Zoning Administrator’s designee is authorized and shall have the power to enforce this provision through the procedures set forth in the Land Use Article, Annotated Code of Maryland, as amended. The Zoning Administrator or the Zoning Administrator’s duly authorized agent is authorized to deliver a civil citation, by personal service or certified mail, to a person believed to be committing a violation of this chapter. If reasonable attempts at delivery through personal service or certified mail have failed, or if the Zoning Administrator has reason to believe that a person believed to be committing a zoning violation has purposely sought to evade reasonable attempts at delivery, the Zoning Administrator may effect delivery through posting a notice of the zoning violation, together with a copy of the civil citation, in a conspicuous location on the subject property. “Reasonable attempts” at delivery shall include more than one attempt at delivery through personal service, more than one attempt at delivery through certified mail or at least one attempt at delivery through personal service and at least one attempt at delivery through certified mail.
[Amended by 6-12-2018 by Ord. No. 2018-3]
B.
In addition to the civil penalty under Subsection A, any person who violates the provisions of this chapter or fails to comply with any of its requirements shall be guilty of a misdemeanor, upon conviction, and may be fined not more than $500 or be imprisoned for not more than 30 days, or both.
C.
Each and every day such violation occurs or continues
may be considered a separate offense. The owner or tenant of any building,
structure, premises or part thereof or any person who commits, participates
in, assists or maintains such violation may be found guilty of a separate
offense and suffer the penalties herein provided.
D.
The County Commissioners may authorize either the
County Attorney, the Attorney for the Planning Commission or any other
designated attorney to prosecute any violation of this chapter.
E.
If a person is found by an authorized court of law
to have committed a civil zoning violation, the person shall be liable
for the cost of the proceedings in such court of law.
[Amended 6-12-2018 by Ord. No. 2018-3]
F.
The imposition of a fine or penalty for any violation
of this chapter shall not excuse the violation or permit such violation
to continue, and all such violations shall be corrected within a reasonable
time.
G.
The Zoning Administrator may issue a stop-work order
against a person who violates a provision of this chapter or any approval
granted under this chapter.
The County Commissioners, the County Attorney,
the Board of Zoning Appeals, the Planning Commission or any property
owner who would be specifically damaged by a violation is an interested
party and may take appropriate legal action to prevent or abate a
violation of this chapter.
Any person aggrieved by any decision of the
Board of Zoning Appeals, Planning Commission or County Commissioners
may appeal the same to the Circuit Court of Caroline County within
30 days of the notification of the decision.
