A.
Except as otherwise permitted in this chapter, a person
who has right, title, or interest in a parcel of land must obtain
site plan approval prior to commencing any of the following activities
on the parcel, obtaining a building permit for the activities, or
undertaking any alteration or improvement of the site:
(1)
The construction or placement of any new building or structure for
a nonresidential use, including accessory buildings, structures and
aboveground infrastructure.
[Amended 12-11-2017 by Ord. No.
15-2017]
(2)
The expansion of an existing nonresidential building
or structure, including accessory buildings that increase the total
floor area.
(3)
The conversion of an existing building, in whole or
in part, from a residential use to a nonresidential use.
(4)
The establishment of a new nonresidential use even
if no buildings or structures are proposed, including uses such as
gravel pits, cemeteries, golf courses, and other nonstructural nonresidential
uses.
(5)
The conversion of an existing nonresidential use,
in whole or in part, to another nonresidential use if the new use
changes the basic nature of the existing use such that it increases
the intensity of on-site or off-site impacts of the use, subject to
the standards and criteria of site plan review described in this chapter.
(6)
The construction of a residential building containing
three or more dwelling units.
(7)
The modification or expansion of an existing residential
structure that increases the number of dwelling units in the structure
to contain three or more dwelling units.
(8)
The conversion of an existing nonresidential building
or structure, in whole or in part, into three or more dwelling units.
B.
The Planning Commission, with the concurrence of the
Zoning Administrator, may waive the requirement for site plan approval
where no extensive construction or improvements are sought. Before
acting upon any application for a waiver, the Planning Commission
and Zoning Administrator shall consider whether the use will affect
existing drainage, traffic, relationships of buildings to each other,
landscaping, buffering, lighting and other considerations of site
plan approval, and that the existing facilities do not require upgraded
or additional site improvements.
(1)
Notice. Prior to the consideration of an application for waiver by
the Planning Commission, the subject property shall be posted by the
owner or developer with a notice not less than 22 inches by 28 inches
at least 14 days prior to the consideration of the application for
waiver. The posting shall include the name and address of the owner
and/or developer, the surveyor and/or engineer, and the date for the
meeting at which the Planning Commission shall consider the application
for waiver.
[Added 12-9-2013 by Ord. No. 8-2013]
C.
The Planning Commission may waive the concept and/or
preliminary site plan approvals where such waiver is in the public
interest and complies with the intent of this chapter. The Commission
may not waive any portion of the final site plan approval process.
A.
All site plans shall conform to the City of Taneytown
and Environs Comprehensive Plan, Zoning Ordinance, Subdivision Regulations,[1] and to all other applicable federal, state or local laws,
regulations and ordinances, resolutions, and plans, including but
not limited to the Carroll County Water and Sewer Master Plan. The
Commission may require more stringent design provisions if it is demonstrated
that they are necessary to promote the public health, safety, or welfare
or to promote good subdivision design and land use.
B.
In designing and laying out a site plan, the developer
shall comply with all requirements of the Maryland Department of the
Environment and Carroll County Health Department governing subdivision
of land.
C.
The proposed site plan shall not violate the provisions
of any enforceable deed restrictions or covenants attached to the
property.
Where the subdivision of land is proposed, the submission of the concept, preliminary and final site plans shall occur concurrently with the submission of the concept, preliminary and final subdivision plans as required by Chapter 180 of the Code of the City of Taneytown.
A.
It shall be unlawful for any person to construct,
erect or alter any building or structure, or develop, change or improve
land for which a site plan is required, except in accordance with
the approved or amended site plan.
B.
No building permit shall be issued to construct, erect
or alter any building or structure, or develop or improve any land
that is subject to the provisions of this chapter, until a site plan
has been submitted and received approval as determined by the Commission
unless such site plan shall have been waived pursuant to the provisions
of this chapter.
C.
No certificate of use and occupancy shall be issued
until the site plan shall have received approval and all provisions
of the site plan and all other regulations governing the building
or development have been complied with.
D.
Nonconformance with an approved site plan shall be
grounds for an order stopping all work, cessation of building permit
issuance, cessation of use and occupancy permit issuance and any other
such measures as authorized by this chapter or the Code of the City
of Taneytown.
