This title shall be administered by the zoning administrator. Appeals from the decision of the zoning administrator may be taken to the board of appeals, Chapter 17.12.

(Prior code Art. XI (Art. III § 1.0))

It is unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving, alteration, or change of use of any land or buildings, including accessory buildings, until the zoning administrator has issued a zoning certificate for such work.

(Prior code Art. XI (Art. III § 2.01))

A.

In applying to the zoning administrator for a zoning certificate, the applicant shall submit a plat in duplicate, prepared by a licensed land surveyor, licensed landscape architect, licensed architect or licensed civil engineer, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a survey, size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this section. This section is applicable to the construction of signs.

B.

If the proposed excavation or construction, as set forth in the application, is in conformity with the provisions of this title and other ordinances of the town, the zoning administrator shall issue a zoning certificate for such excavation or construction. If a zoning certificate is refused, the zoning administrator shall state such refusal in writing, with the cause, and shall grant or deny the certificate within ten days of the date of application; provided, he/she has received comment from any agency involved or having jurisdiction with regard to the certificate. A record of applications, plats, and action shall be maintained in the office of the zoning administrator.

(Ord. 05-16: prior code Art. XI (Art. III § 2.02))

A.

A site plan must accompany applications for specific uses in lieu of the plat required above.

B.

A site plan shall be required for the following uses:

1.

Institutional District. Any permitted structure;

2.

Village Zone. Multifamily dwellings with five or more units. Newly constructed non-residential structures. Uses permitted by special exception;

3.

R-1, R-2, R-3, and RS Districts. ^** Common open space development. Multi-family dwellings. Uses permitted by special exception;

4.

B-1, B-2, I-P, and ORI Districts. All uses.

^*  Site plans required for special exception and conditional uses in the various districts shall be subject to approval of the board of appeals.

^**  Where subdivision regulations apply, site plan and preliminary subdivision plat submitted as one plat meeting both sets of requirements.

(Prior code Art. XI (Art. III § 2.03))

(Ord. No. 16-03, 2-1-16; Ord. No. 20-09, 10-5-20)

A.

A site plan shall have the same format as the preliminary plat as required by the Emmitsburg subdivision regulations and be subject to the same guarantee of improvements for all on-site improvements as required by this title.

B.

The following information shall be provided by the site plan:

1.

Site location;

2.

Dimensions of the lot to be built upon;

3.

Size, height and location of the structure(s) to be erected;

4.

Nature of materials to be used on structure's exterior;

5.

Parking. Location, surface material and road network;

6.

Water and sewer. On-site location and alignment;

7.

Storm drainage facilities;

8.

Sidewalks, unless excepted under subsection 16.16.030W;

9.

Landscaping plan;

10.

Signs. Location, size, height and design of all signs;

11.

Recreational facilities;

12.

Garbage collection points;

13.

Lighting plan.

C.

An applicant submitting a site plan for review shall pay a submission fee and all costs incurred by the town during the site plan review, including but not limited to all fees charged by attorneys, engineers, or any other consultant. Site plan submission fees are to be established from time to time by policy, resolution, or ordinance by the town and shall be paid at the time of application. The applicant shall pay all additional costs incurred by the town prior to the approval of the site plan. no site plan shall be approved until all costs have been paid by the applicant.

(Prior code Art. XI (Art. III § 2.04))

(Ord. No. 20-09, 10-5-20; Ord. No. 21-06, 6-21-21; Ord. No. 23-02, 1-18-23)

Site plan approval may be granted by the planning commission or the board of appeals (in instances as noted). The site plan shall be submitted at least thirty (30) days prior to the meeting at which it is to be considered.

(Prior code Art. XI (Art. III § 2.05))

Issuance of a zoning certificate for construction or excavation not conforming to requirements of this title shall not be construed as waiving any provisions of this title.

(Prior code Art. XI (Art. III § 2.06))

A zoning certificate shall become void one year (3651/4 days) from date of issuance unless the project is more than twenty-five (25) percent completed as determined by the zoning administrator.

(Prior code Art. XI (Art. III § 2.07))

To partially defray the expense of administering this title, a fee shall be paid to the town, before any zoning certificate is issued, such fees shall be outlined in the permits, inspections and fees policy to be established and form time to time updated by the mayor and board of town commissioners.

(Ord. 99-02: Ord. 93-12 § 1: prior code Art. XI (Art. III § 2.08))

A.

The owner or agent of a building or premises in or upon which a violation of any provision of this title has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100.00). Each and every day that such violation continues may constitute a separate offense.

B.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the appropriate authorities of the town, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or to prevent the occupancy of said building, structure or land.

(Prior code Art. XI (Art. III § 3.0))