Receive and examine all applications for zoning permits and other applications required by this chapter.

Refer all zoning permits and applications to construct or change the use of a building or structure in RPC Districts to the Planning Commission for review and approval. The Planning and Zoning Commission ("the Commission") shall make its recommendations within 45 days after submission to it.

Refer zoning permit applications for the following purposes to the Commission for approval:

Issue permits only where there is compliance with the provisions of this chapter and with other Town ordinances. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Board of Appeals.

Receive applications for special exceptions and forward these applications to the Board of Appeals for action thereon.

Following refusal of a permit, receive applications for interpretation, appeal, and variance and forward these applications to the Board of Appeals for action thereon.

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

Issue stop, cease, and desist orders, and orders in writing for correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Administrator to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Administrator, and any person violating any such order shall be guilty of a violation of this chapter.

Institute in the name of the Town any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; restrain, correct, or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business, or use in or about such premises.

Revoke, by order, a permit issued under a misstatement of fact or contrary to the law or the provisions of this chapter.

Record and file all applications for zoning permits or other permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

Maintain a map or maps showing the current zoning classification of all land in the Town, including the Zoning Map and the Critical Area District Map, and maintain records of growth allocation acres awarded and the amount remaining.

Upon the request of the Mayor or Town Council, the Commission, or the Board of Appeals, present to such bodies facts, records, or reports which they may request to assist them in making decisions, or in any other matter.

Refer any zoning permit to the Commission for review and comment as the Administrator deems necessary and appropriate.

Review for completeness all applications for Category 1 site plans and submit completed applications to the Planning Commission for review and approval as provided for in Article VI of this chapter.

Review and take action on all Category 2 site plans as provided for in Article VI of this chapter.

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Administrator and that such questions shall be presented to the Board of Appeals only on appeal from the decision of the Administrator, and that recourse from the decisions of the Board of Appeals shall be to the courts as provided by law and particularly by Article 66B, Title 2, Annotated Code of Maryland.

It is further the intent of this chapter that the duties of the Town Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter, the Town Council shall have only the duties of:

The Town Council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for zoning permits, appeals, variances, special exceptions, amendments, and other matters pertaining to this chapter.

The schedule of fees shall be posted in the offices of the Administrator and may be altered or amended only by the Town Council, upon recommendation of the Commission.

No permit, special exception, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals unless or until preliminary charges and fees have been paid in full.

If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire, it shall be cancelled by the Administrator, and written notice thereof shall be given to the persons affected.

If the work described in any zoning permit has not been substantially completed within two years of the date of issuance, unless work is satisfactorily proceeding thereon, said permit shall expire and be cancelled by the Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained.

Except as provided in § 290-19D(3), a use of land or structure which does not conform to the regulations of Article III shall not be altered, reconstructed, extended, or enlarged, except in accordance with the following provisions:

A structure which does not conform to the regulations of this chapter other than those regulations found in Article III may be altered, reconstructed, or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became nonconforming, provided that if the use or structure also falls under Subsection C(1) of this section, any change shall be subject to the provisions of that subsection.

Nothing in these regulations shall prevent the reconstruction or restoration of a nonconforming building or structure destroyed by fire, windstorm, flood, explosion, or act of a public enemy or accident, or prevent the continuance of the use thereof as it existed at the time of such destruction, subject to the following provisions:

An applicant may formally apply to the Planning Commission to extend the period of time as provided for in Subsection D(1)(c) above, beyond one year. Upon review of the application, the Planning Commission may approve such an extension, provided the applicant shows to the Commission's satisfaction that bona fide progress toward reconstruction is underway and provided that the standards in Subsection D(1)(a) and (b) above are met. No application for extension shall be approved that would extend the time for the initiation of reconstruction beyond two years of the date of damage.

The Town Council may from time to time, with the approval of the Critical Area Commission, amend the land use management classification of properties in the Critical Area District; exempt certain portions of the Critical Area District from the requirements relating to the Buffer and all buffer areas, or exclude portions of the Town's Critical Area from the Critical Area District. In addition, the Town Council shall review and propose any necessary amendments to the Critical Area District, as required, and to the land use management classifications at least every four years.

All such amendments to the Critical Area District shall first be approved by the Critical Area Commission as provided in § 8-1809 of the Natural Resources Article, Annotated Code of Maryland. The procedures and standards for Critical Area Commission approval of proposed amendments are those as set forth in § 8-1809 of the Natural Resources Article, Annotated Code of Maryland.

Proposals originated by the Town Council. The Town Council shall refer every proposed amendment, supplement, change, modification, or repeal originated by the Council to the Commission. Within 30 days of the submission of said proposal, the Commission shall submit to the Town Council a report containing the Commission's recommendations, including any additions or modifications to the original proposal.

Proposals originated by the commission. The Commission may at any time transmit to the Town Council any proposal for the amendment, supplement, change, modification, or repeal of this chapter.

Proposals originated by a citizen's petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification shall be submitted to the Town Clerk on forms provided therefor. On receipt of said petition, the Town Clerk shall transmit a copy of the petition to the Commission. Within 30 days following a public hearing as provided in Subsection C, the Commission shall submit a report to the Mayor and Town Council containing the Commission's recommendations, including any additions or modifications of the original proposal. Failure to submit a report within 30 days shall be deemed approval of the petition by the Commission. The Town Council shall defer action on a petition until the recommendations of the Commission are received and reviewed or until 30 days have elapsed, whichever may occur first.

At least 15 days prior to the date fixed for public hearing, publish a notice containing the name of the applicant; the date, time, and place fixed for the hearing; and the general nature of such hearing in at least one newspaper of general circulation in the Town.

When such hearing concerns a Zoning Map change, post in a conspicuous place on the property involved a notice of pending action containing the same information as in Subsection C(1) above, such posting to take place at least 15 days prior to the date fixed for public hearing.

When such hearing concerns a Zoning Map change, give written notice of the time and place of such hearing, sent by registered mail to the applicant and to the owners of property contiguous to or opposite the property affected.

Except for violations of §§ 290-17 and 290-18 of Article IV of this chapter, which relate to the Critical Area, the violation of all provisions of this chapter shall constitute a municipal infraction and the penalties for violating said provisions shall be provided by this section. All citations for violations subject to this section shall be issued by the Zoning Administrator, in accordance with the provisions of Article 23A, § 3, of the Annotated Code of Maryland. A person shall have been found to violate the provisions of this chapter if they are the owner of a property upon which a condition exists that is in violation of this chapter or if the person participates in acts which violate this chapter (whether as a property owner, tenant, contractor, subcontractor, agent of the property owner, or any other person who has committed, assisted, or participated in the violation), but excludes those acting in an official capacity on behalf of the Town. Each person violating this chapter may be subject to the fines jointly or severally.

The violation of any provision of any section of Chapter 290, Zoning, shall be subject to the following fines:

Whenever a person violates the provisions of this chapter, the Administrator may notify the person in writing of the violation. The Administrator may provide said notice in addition to the citations for a municipal infraction provided for in Subsection A(1) or the Administrator may provide the notice of violation prior to issuing a citation. The notice shall state the nature of the violation, the code section being violated, and state that the failure to commence the correction of the violation or violations may result in legal action, the person being cited for a municipal infraction, or any other form of remedy authorized by this chapter and the laws of Maryland. If the person given notice of a violation under this Subsection A(4) fails to commence the correction or abatement of all violations within 15 days, and/or fails to complete the correction or abatement of the violations within 30 days, then each day that the violation continues thereafter shall constitute a separate offense, punishable by a fine as set forth in Subsection A(2).

Nothing in this Subsection A shall be construed as a predicate or condition to the Town exercising the remedies provided for in Subsection B or C. The imposition of fines or the giving of a notice of violation provided by this Subsection A shall not be construed as a replacement of, or waiver of, the right of the Town to exercise or institute actions to seek the remedies provided for in Subsection B or C.

Violations of the critical area provisions (§§ 290-17 and 290-18) are subject to § 290-17K, Enforcement, including restoration and mitigation of the violation.

The violation of any provision of any subsection of §§ 290- 17 and 290-18, regarding the Critical Area, shall be subject to the following fines:

Each violation of this section shall be assessed separately and cumulatively.

If a person given notice of a violation of Critical Area provisions of §§ 290-17 and 290-18 fails to commence the correction or abatement of all violations within 15 days, and/or fails to complete the correction or abatement of the violations within 30 days, then each day that the violation continues thereafter shall constitute a separate offense, punishable by a fine as set forth in Subsection A(2).