(A)   It is the duty of the Zoning Administrator to administer and to enforce the provisions of this chapter in accordance with its administrative provisions.

   (B)   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.

   (C)   The Zoning Administrator or his official agent has the power to take any lawful action to prevent or to abate a violation of this chapter.

(Ord. 77-1-78, § 40-30, 1-24-1977; Ord. 80-31-183, 10-7-1980; Ord. 83-9-276, 4-5-1983; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (B)   Submission and approval of site development plans prior to issuance. Every multifamily, townhouse, institutional, commercial or industrial development will submit and have approved site development plans, in accordance with §§ 1-19-2.160 and 1-19-3.300 through 1-19-3.300.4 of this Code, prior to the issuance of a zoning certificate and building permit.

   (C)   Restrictions on use, arrangement and construction. Zoning certificates and building permits issued on the basis of approved site plans and applications authorize only the use, arrangement and construction set forth in such applications and plans and no other use, arrangement or construction. Use, arrangement or construction differing from that authorized is a violation of this chapter.

   (D)   Application to certificates/permits approved prior to January 24, 1977. 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 building permit has been approved prior to January 24, 1977, provided such approved activity continues in compliance with all terms of the previously approved permits.

   (E)   Terms of certificates/permits. A zoning certificate and building permit approval is void 1 year from date of issuance unless the use is established under the terms of the zoning certificate and building permit.

   (F)   Transferability/assignability. A zoning certificate and building permit is nonassignable and nontransferable.

   (G)   Revocation for noncompliance. A zoning certificate and building permit is revocable upon noncompliance with any conditions or requirements imposed under this chapter.

   (H)   Filing fees. A filing fee shall be charged in accordance with the fee schedule provided in this chapter.

(Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, 7-14-2009; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   No provision of this chapter shall prevent the enforcement of orders to strengthen or restore to a safe condition any structure declared to be unsafe by any official charged with protecting the public safety.

(Ord. 77-1-78, § 40-42(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   The county governing body shall have the authority to establish fees for zoning related services specified in this chapter, but in no event shall the fee charged be more than the costs incurred by the county.

   Zoning Certificates

      (1)   All applicants for dwelling units; or unit.

      (2)   All applicants for principal commercial or industrial structures or uses.

      (3)   All other permitted uses.

      (4)   All accessory structures or uses.

      (5)   All additions, conversions, and renovations.

   Ordinance Amendments

      (6)   Map amendments.

      (7)   Text amendments.

      (8)   Comprehensive rezoning/plan designation request.

      (9)   Phase I plan.

      (10)   Phase II plan.

   Board of Appeals

      (11)   Administrative appeal.

      (12)   Variance.

      (13)   Special exception.

      (14)   Site plans.

      (15)   Site plan reapproval.

      (16)   Sketch site plan.

      (17)   Agricultural cluster plan.

      (18)   Residential cluster plan.

   (B)   No fees shall be charged to any government agency.

(Ord. 77-1-78, § 40-110, 1-24-1977; Ord. 87-22-454, 8-4-1987; Ord. 91-23-023, 8-20-1991; Ord. 08-26-502, 10-14-2008; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   All questions of interpretation and enforcement shall be first presented to the Zoning Administrator and then such questions shall be presented to the Board of Appeals only on appeal from the decision of the Zoning Administrator, and recourse from the decisions of the Board of Appeals shall be to the courts as provided by law. In addition, certain provisions of this chapter are adopted and enforced as an agreement with the Federal Emergency Management Agency, National Flood Insurance Program regulations, and the Maryland Water Resources Administration flood management grant program regulations. Should a dispute arise concerning the interpretation of these provisions of the chapter, the counsel of the Federal Emergency Management Agency, the Maryland Department of Natural Resources, or the National Flood Insurance regulations shall prevail. The Frederick County floodplain management regulations shall be amended as required by federal regulations. Any amendments to flood hazard management regulations are subject to the approval of the Federal Emergency Management Agency and the Maryland Department of Natural Resources.

(Ord. 77-1-78, § 40-91(D), 1-24-1977; Ord. 89-41-572, 6-6-1989; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Floodplain district regulations, see § 1-19-9.100

   (A)   (1)   The County Council shall appoint a Board of Appeals. The Board of Appeals shall consist of 5 members. The terms of office of the members of the Board is 3 years.

      (2)   They are removable for cause, upon written charges, and after public hearing. Vacancies shall be filled for the unexpired terms of any member whose term becomes vacant. Members of the Board may receive such compensation as the county deems appropriate.

   (B)   The County Council shall designate 1 alternate member for the Board of Appeals, who may be empowered to sit on the Board in the absence of any member of the Board; and when the alternate is absent, the County Council may designate a temporary alternate.

   (C)   The Board shall adopt rules in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in the Chairman's absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the Community Development Division, and shall be a public record.

   (D)   The Board of Appeals shall have the following powers:

      (1)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;

      (2)   To hear and decide special exceptions to the terms of the chapter upon which the Board is required to pass under this chapter;

      (3)   To authorize upon appeal in specific cases a variance from the terms of this chapter, subject to the Board's administrative procedures;

      (4)   To hear and decide approval requests for activities within the FEMA floodplain (under § 1-19-9.120) and activities within danger reach areas (under § 1-19-9.220);

      (5)   To hear and decide approval requests for nonconforming uses (under § 1-19-4.230).

   (E)   Three members of the Board shall constitute a quorum for the conducting of business.

   (A)   The Planning Commission shall review site development plans when required by § 1-19-5.310 (Use Table) or as otherwise required in this chapter.

   (B)   A Type I - Planning Commission approved site development plan shall not be required for the reconstruction of an existing structure that has been substantially or wholly destroyed by a catastrophic event, if the structure will be reconstructed on the same footprint or foundation. The Zoning Administrator will process any request for the reconstruction of these structures; however, the Zoning Administrator may refer any request for approval of a site development plan under this section to the Planning Commission for approval. The reconstruction of the structure must comply with:

      (1)   All other provisions of this chapter to the extent practicable, as determined by county staff; and

      (2)   All applicable state and local codes and regulations in existence at the time of reconstruction.

(Ord. 77-1-78, § 40-73(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-05-509, 2-17-2009; Ord. 09-22-526, 7-14-2009; Ord. 14-23-678, 11-13-2014)

      (1)   The Architectural Review Committee shall consist of 5 members appointed by the County Executive, subject to confirmation by the County Council. The Committee members shall be appointed for staggered 5-year terms of office. At the end of a term, a member continues to serve until a successor qualifies and is appointed. A member who is appointed after a term has begun will serve only for the remainder of the term and until a successor qualifies and is appointed.

      (2)   Members may not be related to, either by blood or marriage, or associated with any person or corporation who is currently working on or is invested in a critical digital infrastructure project in the county, or who has had such relations or interests in a critical digital infrastructure project in the county within a year prior to the member's date of appointment.

      (3)   Members should have a license, certificate, degree, training or work experience in architecture, landscape architecture, experience in related commercial/industrial construction and development, or other areas of experience or interest as determined to be relevant by the appointing official.

(Bill. No. 22-05, 3-15-2022)

   (A)   Any person may file a written complaint with the Zoning Administrator alleging a violation of this chapter. Such complaint will state the factual basis for the alleged violation of this chapter.

   (B)   The Zoning Administrator will investigate and find as a matter of fact whether a violation of this chapter has occurred.

   (C)   The Zoning Administrator shall keep public records in accordance with the county's records retention policy of all complaints and findings of fact disposing of alleged zoning violations.

   (D)   Violations of the FEMA floodplain regulations set forth in §§ 1-19-9.100 through 1-19-9.130 shall also be subject to the following:

      (1)   The Federal Emergency Management Agency and the Maryland Department of the Environment shall be notified immediately in writing of any property or structure in violation of the floodplain section of this chapter.

      (2)   New or renewal National Flood Insurance shall be denied for any structure remaining in violation or situated on property in violation of this chapter.

(Ord. 77-178, § 40-32(A), 1-24-1977; Ord. 89-41-572, 6-6-1989; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   Any violation of any of the provisions of this entire chapter, which is Chapter 1-19, entitled Zoning (also known as the zoning ordinance for Frederick County, Maryland), is a civil zoning violation and shall be called a civil zoning infraction. If, after investigation, a civil zoning infraction is believed to exist, the Zoning Administrator or his authorized agent shall deliver a citation to the property owner and other person or persons responsible for the infraction. If the person is unable to be located personally, the Zoning Administrator or his authorized agent may post the citation in a conspicuous place on the property and mail a copy of same to the person, which shall be sufficient for delivery under this section.

   (B)   The citation, as provided for in this section, shall be in writing and shall contain the following:

      (1)   The name and address of the person charged;

      (2)   The nature of the violation;

      (3)   The location of the violation;

      (4)   The date(s) of the violation;

      (5)   The amount of the fine assessed;

      (6)   The manner, location and time in which the fine may be paid (or violation corrected, if applicable);

      (7)   The person's right to elect to stand trial for the violation; and

      (8)   A certification by the Zoning Administrator or his authorized agent attesting to the truth of the matters set forth.

   (C)   A fine of $100 is hereby imposed upon any person responsible for a civil zoning infraction for each violation. Each day such violation is permitted to exist shall be considered a separate infraction. All fines shall be made payable to the Treasurer of Frederick County, Maryland; and submitted to the Community Development Division.

   (D)   A person who receives a citation may elect to stand trial for the offense by filing with the Zoning Administrator a notice of intention to stand trial. The notice shall be given at least 5 days before the date of payment as set forth in the citation. On receipt of the notice of intention to stand trial, the Zoning Administrator shall forward to the district court for Frederick County, Maryland, a copy of the citation and the notice of intention to stand trial. On receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the district court for zoning infractions shall be remitted to the county, through the County Treasurer.

   (E)   If a person who receives a citation for an infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, a formal notice of the infraction shall be sent to the person's last known address. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for a fine of $200 for each infraction. If, after 35 days, the citation is not satisfied, the Zoning Administrator may request adjudication of the case through the district court. The district court shall schedule the case for trial and summon the defendant to appear.

   (F)   Adjudication of an infraction under this subsection is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

   (G)   In a proceeding before the district court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Md. Ann. Code, Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute all civil zoning infractions under this section.

   (H)   If a person is found by the district court to have committed a civil zoning infraction, he shall be liable for the costs of the proceedings in the district court.

   (I)   Depending on the circumstances of each case and after consultation with the County Attorney, the Zoning Administrator has the discretionary authority to reduce or suspend all or a portion of the fine payable through his office.

   (J)   Nothing contained in this section shall prohibit or prevent the Zoning Administrator, or anyone else, from seeking other legal remedies, such as injunctions or criminal prosecution.

(Ord. 83-9-276, 4-5-1983; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   Any person who is convicted of failure to comply with this chapter is guilty of a misdemeanor and shall be fined no more than $500 and/or 10 days in jail for each offense. Each day of such continuing violation may be found to be a separate misdemeanor.

(Ord. 77-1-78, § 40-32(D), 1-24-1977; Ord. 83-9-276, 4-5-1983; Ord. 93-06-070, 3-2-1993; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The county, the County Attorney, the Board of Appeals, the Planning Commission or any property owner who would be specifically damaged by a violation may take appropriate legal action to prevent or abate a violation of this chapter, including seeking an injunction, mandamus, abatement or other appropriate legal remedies.

(Ord. 77-1-78, § 40-32(C), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)