Carroll County Unincorporated
City Zoning Code
City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 158.130 EXCEPTIONS AND MODIFICATIONS.
(A) Applicability. The regulations specified in this chapter and Chapter 155 shall be subject to the following exceptions, modifications, and interpretations.
(B) Lot area modification. In any district where a single-family dwelling, or an addition thereto, is permitted, a dwelling may be erected on any lot or parcel of record, despite the fact that the lot or parcel does not meet the minimum area requirements of this chapter, provided that:
(1) The lot or parcel was lawfully created in compliance with all zoning and subdivision regulations applicable at the time the lot or parcel was created;
(2) There are no minimum area requirements for lots created prior to August 17, 1965.
(3) The erection of a residential dwelling or an addition thereto on a lot must comply with all other regulations. The Zoning Administrator may deny a permit for the erection of a dwelling on a lot which is substandard in an area or yard.
(C) Setback modification.
(1) Where the average setback line of at least two existing buildings on lots which are on the same side of the street or road and within 200 feet of the lot in question is less than the minimum setback prescribed by this chapter, the minimum setback line shall be the average setback line of all buildings within 200 feet of the proposed building. However, in no case shall the setback line be less than 35 feet from the centerline of any abutting road or street.
(2) For yards where the lot or parcel was created prior to August 17, 1965:
(a) The side yards must be at least 10% of the width of the lot;
(b) The front yard shall be determined on a case-by-case basis by computing the average of existing front yard depths of adjacent properties as measured from the centerline of the public right-of-way upon which the properties border within 200 feet in each direction;
(c) The rear yard shall be at least ten feet; and
(d) No part of an addition shall be located closer to the front or side property line than the closest point of the house to the property line if the line of the house is less than the existing setback requirements.
(3) Accessory structures shall adhere to minimum front and side yard setback requirements unless they are located totally in the rear yard, in which case the side and rear setbacks shall be a minimum of five feet.
(D) Projection into yards.
(1) Projections such as bay windows, chimneys, entrances, vestibules, balconies, eaves and leaders may extend into any required yard setback area not more than four feet, provided that such projections (except eaves) are not over ten feet in length.
(2) Fences and walls shall be exempt horn building line and yard requirements unless they cause obstructions to vision.
(3) Canopies designed to shelter pump islands at fuel stations are exempt from the yard requirements of this chapter, but shall be subject to review and approval pursuant to the requirements for site plan approval in § 155.050. In addition, a canopy may be prohibited or restricted, if the Zoning Administrator, determines that the canopy constitutes an obstruction to traffic or the visibility of motorists on or entering a highway. Pump islands and support for a canopy shall comply with all yard and setback requirements of this chapter.
(E) Height.
(1)
Building height limitations shall not apply to water tanks, barns, windmills, silos, or other accessory farm structures; or to material storage silos or bins, belfries, steeples, spires, electric or communication poles or towers, electric generating plants, electric transforming or switching equipment, radio, television, or radar towers, chimneys or smoke stacks, flagpoles, fire or observation towers, cupolas, domes, monuments, penthouses, or roof structures for housing stairways; or to tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building. No penthouse or roof structure shall have a total area greater than 25% of the roof area. This provision shall not apply to wind energy systems.
(2) In any A or R District, the height of a building may be extended to not over 40 feet, if each side yard is increased in width one-half foot for each additional one foot of height above the normal maximum limit.
(3) In any Commercial District which adjoins a Residential District, the height of a building may be extended up to 50 feet if the side and/or rear yard adjoining the Residential District is increased in width one foot for each additional one foot of height above the normal maximum limit.
(4) On any lot where the average finished slope adjoining the building exceeds 7% grade, one story in addition to the number permitted in the zone in which such lot is situated shall be permitted on the downhill side of any building erected, but the building height limit shall not otherwise be increased above that specified for the zone.
(5) In any zone where public or quasi-public buildings or schools (public or private) are permitted, such buildings may be erected to a height of 120 feet, but the minimum front, rear, and side yards shall be increased one foot for each foot of height above the limit established for the zone in which the building is erected.
(F) Application; limits.
(1)
A person shall apply to the Zoning Administrator for a variance or administrative adjustment from the following requirements as specified in this chapter or as specified in Chapter 155 unless a simultaneous application for a conditional use has been filed with the BZA pursuant to § 158.133(D).
(a) Height;
(b) Setback;
(c) Parking;
(d) Loading;
(e) Distance;
(f) Area;
(g) Dimensional;
(h) Width;
(i) Sign;
(j)
Area of solar energy generating systems as accessory uses in the C Conservation District; and
(k) Other dimensional requirements.
(2) The application shall be made on a form and in a manner prescribed by the Zoning Administrator.
(3) The maximum variation that the Zoning Administrator may grant from a requirement is 100%.
(G) Procedure.
(1) Upon receipt of an application for an administrative adjustment, the Zoning Administrator shall post the property with notice of the pendency of the application and shall notify the adjoining property owners of the application by first class mail of the application for administrative adjustment.
(2) An adjoining property owner, or other member of the public, may request a public hearing within 14 days of the posting of the applicant's property. If a public hearing is not requested within 14 days, the Zoning Administrator may issue a decision on the petition.
(3) If a public hearing is required within 14 days of the posting of the applicant's property, the Zoning Administrator shall conduct a public hearing on the application for the administrative adjustment within 45 days of the request. Any person may be present, and the Zoning Administrator shall allow all person who are present an opportunity to present evidence or testimony concerning the application.
(H) Decision. Within 15 days of the public hearing, the Zoning Administrator shall decide the issue raised by the application. The decision shall be in writing and provide a brief explanation of the law and findings of fact which support it. In making the decision, the Zoning Administrator may grant the administrative adjustment only in cases where the strict compliance with the terms of this chapter or Chapter 155 would result in practical difficulty or unreasonable hardship which has not been caused by the act of the applicant or the applicant's predecessors in title. The Zoning Administrator may not grant an administrative adjustment if to do so would violate the purpose and intent of the regulation, or cause or be likely to cause substantial injury to the public health, safety, and general welfare. The Zoning Administrator shall be guided in making this decision by the considerations set forth in § 158.133(G). The decision will be mailed, or emailed if agreed to by the adjoining property owner, to the adjoining property owners within seven days of the written decision.
(I) Appeals.
(1) A decision of the Zoning Administrator made pursuant to this subchapter is final and constitutes a zoning action, unless a timely appeal is filed with the BZA.
(2) An appeal of an administrative adjustment or other decision of the Zoning Administrator pursuant to this chapter may be filed within 30 days of the date of the Zoning Administrator's written decision in accordance with § 158.133(D).
(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021; Ord. 2024-01, passed 2-15-2024; Ord. 2024-10, passed 12-5-2024)
§ 158.131 ZONING ADMINISTRATOR.
(A) 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 or become, upon appointment, a resident of the county and 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) The provisions of this chapter, Chapter 155, and Chapter 157 shall be enforced by the Zoning Administrator. Appeal from a decision of the Zoning Administrator shall be made to the BZA as provided in § 158.133(D).
(C) All departments, officials, and public employees of the county which are vested with the duty or authority to issue permits or licenses shall issue no permit or license for any use, building, or purpose if the same would be in conflict with the provisions of this chapter. Any permit issued in conflict with the provisions of this chapter shall be null and void.
(D) The Zoning Administrator shall maintain a file for inspection by the public of issues of interpretation of this chapter and Chapter 155.
(Ord. 2019-06, passed 12-12-2019)
§ 158.132 ZONING CERTIFICATES.
(A) It shall be unlawful for an owner to use or to permit the use of any building, structure, or land or part thereof, hereafter created, erected, changed, converted, or enlarged, wholly or in part, until a zoning certificate shall have been issued by the Zoning Administrator. A zoning certificate shall be revocable, subject to continued compliance with all requirements and conditions.
(B) All applications for zoning certificates shall be accompanied by plans drawn to scale, showing the dimensions and shape of the lot to be built upon; the size and location of existing buildings, if any; and the location and dimensions of the proposed building or alteration. Where no buildings are involved, the location of the present use and/or proposed use to be made of the lot shall be shown. The application and/or plans shall include such other information as reasonably may be required by the Zoning Administrator to determine conformance with and provide for the enforcement of this chapter. The plans shall be retained in the office of the Zoning Administrator.
(C) The Zoning Administrator shall approve the issuance of a zoning certificate only if the application complies with the requirements of this chapter, and provided that such zoning certificate shall be conditioned where necessary on the approval of the Carroll County Health Officer, state and/or County Bureau of Roads Operations, Planning Commission, or any other agency concerned, and provided the application is accompanied by the required fee. The Zoning Administrator shall maintain a record of all zoning certificates and copies shall be furnished upon request to any person upon payment of the cost therefor. If a zoning certificate is issued, such approval and issuance thereof does not sanction a change from the terms of this chapter.
(D) If the Zoning Administrator shall find any of the provisions of this chapter being violated, the Zoning Administrator shall notify in writing, by first class mail, the owner or the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Proof of mailing shall be sufficient evidence that the notice was delivered, and notice shall be deemed delivered upon the expiration of five days from the date the notice was mailed. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or additions or alterations or structural changes thereto; discontinuance of any illegal work being done; and shall, unless compliance is met within a reasonable time, take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
(E) A zoning certificate shall become void one year after the date of issuance if the construction or use for which the certificate was issued has not been started.
(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021) Penalty, see § 158.999
§ 158.133 BOARD OF ZONING APPEALS (“BZA”).
(A) Creation; composition in accordance with statute. The BZA of Carroll County is hereby created and designated the BZA. The number of members of said BZA, their terms of office, succession, removal, filling of vacancies, alternate membership, and their powers and duties shall be as provided in Md. Code, Land Use Article.
(B) General powers.
(1) The BZA shall have the following powers:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in regard to the enforcement of this chapter, Chapter 155, or Chapter 157;
(b) To hear and decide conditional uses; and
(c) To authorize, upon appeal in special cases, such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions, the enforcement of the provisions of this chapter will result in unwarranted hardship and injustice and which will most nearly accomplish the purpose and intent of the regulations of this chapter.
(2) In exercising the above-mentioned powers, the BZA may, in conformity with the provisions of law and this chapter and amendments thereto, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made.
(3) The BZA is also empowered to adopt and promulgate such rules and regulations as it shall deem necessary in the conduct of its hearings and the issuance of its decisions or testimony pertaining to its hearings.
(4) Prior to consideration of any conditional use pursuant to this section, the BZA shall cause the application to be forwarded to the Secretary of the Planning Commission for a formal finding with regard to comprehensive plan consistency in accordance with the provisions of Md. Code, Land Use Article, §§ 1-301 and 1-303.
(C) Organization; technical assistance; records. The BZA shall be organized and its rules shall be amended, if necessary, in accordance with the provisions of this chapter. Meetings of the BZA shall be held at the call of the Chair, and at such other times as the BZA may determine. The Chair, or in the Chair’s absence, the Vice Chair, may administer oaths and compel the attendance of witness. For assistance in reaching decisions relative to appeals, conditional uses, or variances, the BZA may request testimony at its hearings for purposes of securing technical aid or factual evidence from the Planning Commission or any county agency. All meetings of the BZA shall be open to the public pursuant to the State Open Meetings Act. The BZA shall keep minutes of its proceedings and shall keep records of all its official actions, all of which shall be public records.
(D) Appeals and applications.
(1) An appeal to the BZA pursuant to Md. Code, Land Use Article, § 4.07, pursuant to division (B)(1)(a) above, or pursuant to an application for a conditional use pursuant to division (B)(1)(b) above shall be filed as part of an application for a zoning certificate.
(2) An appeal from an order, requirement, determination, or a decision of an administrative official enforcing the provisions of Md. Code, Land Use Article, this chapter, or Chapter 155, shall be filed within 30 days from the date of the action being appealed.
(3) The appeal or application shall be on forms approved by the BZA and shall include the names and addresses of all owners of property contiguous to the property which is the subject of the proceedings as of the date the application is filed. In the event a transfer of ownership has occurred prior to the filing of the application and after its preparation, the appellant or applicant shall advise the BZA of the transfer within ten days of the date the application or appeal was filed by giving the name and address of the new owners.
(4) Upon receipt of an application or appeal made or filed pursuant to division (D)(1), the Zoning Administrator shall review the application or appeal for completeness, shall reject those applications which are not complete, and reject those that do not seek relief available by law.
(5) Upon determination that the application is proper or an appeal complete, the BZA shall notify the administrative official from whom the appeal is taken that an application or appeal has been filed.
(6) The BZA shall schedule hearings promptly upon the receipt of an appeal or a completed application.
(7) If evidence is offered during the hearing concerning site plans, site or building locations, or any plans of construction which are not included as part of the application for a building permit/zoning certificate, those plans shall be incorporated in the application, and no substantial change shall be made in the plans presented to the BZA without the approval of the BZA. The BZA shall not approve a substantial change in the plans unless a hearing is held.
(8) The BZA may grant or deny a requested variance based on the evidence before it and after a de novo hearing applying the same standards and criteria set forth in § 158.133(G).
(9) The BZA shall decide all cases within 30 days of the date of its last hearing on the matter and issue its written decision during that period, unless the time for making the decision is extended during that period by the BZA.
(10) Time shall be calculated in accordance with the Maryland Rules of Civil Procedure.
(E) Notice of hearings.
(1) Notice of a hearing shall be advertised in one issue of a newspaper having general circulation in the county. The notice shall be published in the newspaper at least 14 calendar days prior to the hearing.
(2) Property upon which the application or appeal is concerned shall be posted conspicuously by a notice no less in size than 22 inches by 28 inches at least 14 calendar days before the date of the hearing.
(3) Notice of the hearing shall be sent by first class mail to the appellant or person making application to the BZA no less than 14 calendar days prior to the first scheduled hearing.
(4) At least 14 calendar days prior to the first scheduled hearing, notice of the hearing shall be sent by first-class mail to those persons identified by the appellant or applicant as persons owning property contiguous to the property which is the subject of the proceeding. Notice shall be sufficient if given to the person shown as the owner on the tax rolls and sent to the address where tax bills are sent.
(5) The notice required by division (E)(1) and (E)(3) above shall be limited to notice that an appeal or application has been filed with the BZA and shall provide information concerning who may be contacted to obtain additional information about the proceeding.
(6) Regarding utility equipment and towers, notwithstanding any other provision in this chapter, any application filed under § 158.039, shall require the following:
(a) Notice of a hearing shall be advertised in one issue of a newspaper having general circulation in the county at least 60 calendar days prior to the hearing.
(b) Property which is the subject of the application or appeal shall be posted conspicuously by a notice or notices not less in size than 22 inches by 28 inches at least 60 calendar days before the date of the hearing.
(c) Notice of the hearing shall be sent by first-class mail to the appellant or person making application to the BZA and to those persons identified by the appellant or applicant as persons owning property contiguous to the property which is the subject of the proceeding no less than 60 calendar days prior to the first scheduled hearing. In cases where a contiguous property is also owned by the applicant, this notice shall also be sent to property owners whose property abuts the applicant's contiguous property. Notice shall be sufficient if given to the person shown as the owner on the tax rolls and sent to the address where tax bills are sent.
(7) Notice is not defective under division (E)(2) above if it would cause a reasonable person to inquire into the proceedings. Notice is not defective under division (E)(4) above unless:
(a) The applicant or appellant caused the wrong address or name to be included on the application or appeal and the person who claims defective notice proves a lack of actual notice; and
(b) That constructive notice was given in such a way that it was unlikely to have caused that person’s inquiry into the proceedings.
(F) Hearings.
(1) Hearings shall be conducted according to the BZA’s rules of procedure, and any party may appear and be heard in person or by agent or attorney.
(2) Requests for postponement of a scheduled hearing shall be filed in writing with the BZA not less than ten days prior to the date of hearing and shall be accompanied by a sum of money sufficient to pay the cost of advertising the postponement and the rescheduled hearing. The granting of such requests shall be at the discretion of the Chair of the BZA.
(3) Requests for postponement filed later than ten days prior to the date of a scheduled hearing shall, in addition to the other requirements set forth in division (F)(2) above, be supported by an affidavit of the party making the request or of some other credible person. The affidavit shall be based on personal knowledge and set forth all facts upon which the request for postponement is based. The granting of such request shall be at the discretion of the BZA in cases of extreme hardship or upon good cause shown.
(4) The BZA may, upon its own initiative, postpone a scheduled hearing at any time.
(5) The BZA may continue a hearing to another time and/or date once such hearing has been started; however, the BZA shall announce the date and hour of continuance for such hearing while in session.
(6) The BZA, upon application in writing by any interested party filed with the BZA no less than ten days prior to the date of scheduled hearing, the BZA shall visit the specific property involved prior to the hearing. The BZA, in its discretion, may otherwise visit the property prior to or after the hearing. The BZA shall include in the record of its proceedings the fact of site visits and advise the parties of the date and time of the visit if made prior to a decision but after the hearing has opened.
(G) Limitations, guides, and standards. Where in these regulations certain powers are conferred upon the BZA or the approval of the BZA is required before a conditional use may be issued, the BZA shall study the specific property involved, as well as the neighborhood, and consider all testimony and data submitted. The application for a conditional use shall not be approved where the BZA finds the proposed use would adversely affect the public health, safety, security, morals, or general welfare, would result in dangerous traffic conditions, or would jeopardize the lives or property of people living in the neighborhood. In deciding such matters, the BZA shall give consideration, among other things, to the following:
(1) The number of people residing or working in the immediate area concerned;
(2) The orderly growth of a community;
(3) Traffic conditions and facilities;
(4) The effect of the proposed use upon the peaceful enjoyment of people in their homes;
(5) The conservation of property values;
(6) The effect of odors, dust, gas, smoke, fumes, vibrations, glare, and noise upon the use of surrounding property values;
(7) The most appropriate use of land and structures;
(8) Public convenience and necessity;
(9) Type and kind of structures in the vicinity where public gatherings may be held, such as schools, religious establishments, and the like;
(10) Compatibility; and
(11) The purpose of this chapter as set forth herein.
(H) Decision.
(1) Time frame. If the application is disapproved by the BZA, thereafter the BZA shall take no further action on another application for substantially the same proposal, on the same premises, until after two years from the date of such disapproval.
(2) Appeals. If an appeal to the BZA is filed and the public hearing date is set and duly advertised and properly posted and thereafter the applicant withdraws the appeal, the applicant shall be precluded from filing another appeal on the same issues.
(3) Approvals.
(a) If the application is approved by the BZA which does not require a site plan, the approval shall become void unless a building permit conforming to the plans for which the approval was granted is obtained within six months.
(b) An approval for which a building permit is not required shall become void unless the use or variance is implemented within one year of the date of the written decision.
(c) An approval for which a site plan is required shall become void unless the concept site plan has been submitted for distribution to the reviewing agencies and accepted by the Bureau of Development Review, or its successor agency, within six months from the date of the written decision. An approval for which a site plan is required may become void if the property owner or developer fails to take action to secure an approval of the site plan from the Planning Commission in a timely manner, as determined by the Bureau of Development Review.
(d) An applicant may apply to the BZA for one extension of up to 12 months upon a showing of good cause.
(4) Reconsideration. An applicant may request reconsideration of a condition of approval within 30 days of the date of the written decision. At the BZA’s discretion, the BZA may hold a hearing on the request or may reissue the decision with modifications or corrections. A reconsideration may not challenge the granting or denial of the application. A request for reconsideration stays the time for appealing the decision granting or denying the application until such time as the BZA decides on the reconsideration request.
(I) Fees. A filing fee shall accompany each application for an appeal to the BZA, as may be determined by the County Commissioners.
(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021)
§ 158.134 AMENDMENTS.
(A) Amendments; public hearing; annexed areas.
(1) These regulations, restrictions, and provisions and the boundaries of the districts may from time to time be amended, supplemented, changed, modified, or repealed by the County Commissioners. Any person or officer, department, board, commission, or bureau of the county may petition for such change or amendment; however, no such change or amendment shall become effective until ten days after at least one public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The county shall publish notice of the time and place of a public hearing, together with a summary of the proposed regulation, restriction, or boundary, in at least one newspaper of general circulation in the county once each week for two successive weeks.
(2) In the event any area is annexed by an incorporated town or municipality, upon receipt of a copy of the annexation resolution of the incorporated town or municipality and a certification from the incorporated town or municipality that no further legal action is possible to prevent the annexation resolution from becoming fully effective, the County Commissioners shall immediately thereafter cause a change in the official Zoning Maps without regard to the procedures or regulations set forth in § 158.134.
(B) Referral to Planning Commission.
(1) The County Commissioners shall refer all proposed changes and amendments to these regulations or amendments to Chapter 155 or Chapter 158 or proposed changes in a zoning district or Zoning Map to the Planning Commission for review and comment.
(2) The Planning Commission shall study zoning, its development, application, and relation to public and private development and its relation to other phases of the Master Plan for the development and may, from time to time, submit amendments to these regulations or changes in the district boundaries to the Commissioners of the county. However, no such amendment or change shall become effective until approved by the County Commissioners, as required by this subchapter.
(C) Factors and process to be considered by the County Commissioners for change of zoning classification on a specific property (piecemeal rezoning).
(1) A petition to change the zoning of a specific property shall be filed with the Department of Planning or its successor agency.
(2) The property shall be:
(a) Posted at least 14 days before the hearing date; and
(b) The county shall publish notice of the time and place of the public hearing, together with a summary of the proposed change, in one newspaper of general circulation in the county once each week for two successive weeks.
(3) Where the purpose and effect of the proposed amendment is to change the zoning classification, the local legislative body shall make findings of fact that include the following matters:
(a) Population change;
(b) The availability of public facilities;
(c) Present and future transportation patterns;
(d) Compatibility with existing and proposed development for the area;
(e) The recommendation of the Planning Commission; and
(f) The relationship of the proposed amendment to the county’s Master Plan.
(4) The County Commissioners may grant the amendment to change the zoning classification based on a finding that there was:
(a) A substantial change in the character of the neighborhood where the property is located; or
(b) A mistake in the existing zoning classification.
(5) The County Commissioners shall keep a complete record of the hearing and the votes of all members.
(6) If a petition for a change in a zoning district boundary has been filed, and is withdrawn by the petitioner, after the Planning Commission has caused its staff to render a report thereon, or if the County Commissioners declines to rezone the property after a hearing thereon, no new petition for a change of zoning for all or part of the same property may be filed within one year of the date the applicant withdraws the petition or the action of the County Commissioners to decline to rezone becomes final.
(7) Every application for a change in zoning of district boundaries shall be accompanied by a scale drawing, showing the existing and proposed boundaries and such other information as may be needed to properly locate and plat the amendment on the official Zoning Maps. All plats shall be submitted on a labeled CD-ROM in a digital format compatible with the county’s current geographic information system.
(8) A filing fee shall be charged for processing an application for a change in zoning, as may be determined by the County Commissioners of the county.
(D) Comprehensive rezoning.
(1) The County Commissioners or staff may recommend for review the entire county or a geographic portion thereof for a comprehensive rezoning. Any such rezoning shall be referred to the Planning Commission for review and comment. No such change shall take effect until ten days after at least one public hearing has been held by the County Commissioners where parties in interest and citizens have had an opportunity to be heard.
(2) The county shall publish notice of the time and place of the public hearing, together with a summary of the proposed change, in one newspaper of general circulation in the county once each week for two successive weeks.
(Ord. 2019-06, passed 12-12-2019)
§ 158.135 ENFORCEMENT.
In addition to other remedies, the County Commissioners, the Zoning Administrator, or any adjacent or neighboring property owner may institute injunction, mandamus, abatement, or other appropriate action or proceedings to compel compliance with the provisions of this chapter.
(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999
§ 158.136 CIVIL ZONING VIOLATIONS.
(A) In addition to and not in substitution for any other penalty imposed for a violation hereof, or for any other right or remedy available hereunder, there is hereby established a civil penalty for a violation of this chapter, as set forth in § 158.999.
(B) A citation may be delivered either by personal delivery to the person named on the citation or by mail to the person named on the citation at the address of the zoning violation or the address to which tax bills for the property are sent, or both.
(C) For purposes of this chapter, notice is effective if given by mail, and delivery of a citation is effective if accomplished by mail at the end of the fifth day after deposit in the mail, postage prepaid, of the notice or citation, respectively.
(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999