A.

Title. An Ordinance establishing zoning regulations within the City of Frostburg, including the division of the City into zoning districts, and with administration of the ordinance by a Community Development Director, Board of Zoning Appeals and Historic District Commission. As a short title, this Ordinance shall be known as the "City of Frostburg Zoning Ordinance" of 2014.

B.

Repealer. All ordinances or parts of ordinances in conflict with this Zoning Ordinance, or inconsistent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect. This shall specifically repeal the pre-existing Frostburg Zoning Ordinance and Zoning Map, as amended.

C.

Effective Date. This Ordinance shall take effect and be in full force twenty (20) days after the adoption date.

D.

Severability. Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. The City Council and Mayor hereby declare that they would have passed all remaining portions of this Ordinance, excluding the portion declared unconstitutional or invalid, if they had knowledge that such portion would be declared unconstitutional or invalid.

Now, Therefore, Be it Resolved, that this Ordinance Number 2014-02 is hereby adopted by the Mayor and City Council of the City of Frostburg, Allegany County, Maryland this 17th day of April, 2014.

MAYOR AND CITY COUNCIL OF FROSTBURG

A.

This Zoning Ordinance, as herein established, has been prepared in accordance with the Comprehensive Plan and with reasonable consideration for the character of the City, its suitability for particular uses, long-term sustainability, enhancing the well-being of its citizens, and encouraging the orderly development and most appropriate uses throughout Frostburg.

B.

Purposes. The purposes of this Ordinance are to achieve the State of Maryland's 12 planning visions (see Md. Land Use Code Ann. § 1-201), as follows:

•

Quality of Life and Sustainability: A high quality of life is achieved through universal stewardship of the land, water, and air, resulting in sustainable communities and protection of the environment;

•

Public Participation: Citizens are active partners in the planning and implementation of community initiatives and are sensitive to their responsibilities in achieving community goals;

•

Growth Areas: Growth is concentrated in existing population and business centers, growth areas adjacent to these centers, or strategically selected new centers;

•

Community Design: Compact, mixed-use, walkable design consistent with existing community character and located near available or planned transit options is encouraged to ensure efficient use of land and transportation resources and preservation and enhancement of natural systems, open spaces, recreational areas, and historical, cultural, and archeological resources;

•

Infrastructure: Growth areas have the water resources and infrastructure to accommodate population and business expansion in an orderly, efficient, and environmentally sustainable manner;

•

Transportation: A well-maintained, multimodal transportation system facilitates the safe, convenient, affordable, and efficient movement of people, goods, and services within and between population and business centers;

•

Housing: A range of housing densities, types, and sizes provides residential options for citizens of all ages and incomes;

•

Economic Development: Economic development and natural resource-based businesses that promote employment opportunities for all income levels within the capacity of the State's natural resources, public services, and public facilities are encouraged;

•

Environmental Protection: Land and water resources, including the Chesapeake and coastal bays, are carefully managed to restore and maintain healthy air and water, natural systems, and living resources;

•

Resource Conservation: Waterways, forests, agricultural areas, open space, natural systems, and scenic areas are conserved;

•

Stewardship: Government, business entities, and residents are responsible for the creation of sustainable communities by collaborating to balance efficient growth with resource protection;

•

Implementation: Strategies, policies, programs, and funding for growth and development, resource conservation, infrastructure, and transportation are integrated across the local, regional, state, and interstate levels to achieve these Visions; and

(1)

Promote the health, safety, morals, and general welfare of the community;

(2)

Facilitate the adequate provision of transportation, water, sewerage, schools, recreation, parks and other requirements for the benefit of the public;

(3)

Encourage coordination of public and private development in the City by requiring all City agencies to submit their facility projects and development plans to the Frostburg Planning and Zoning Commission for its review, recommendation and record;

(4)

Accomplish the goals and objectives of the Comprehensive Plan; and

(5)

Meet such other purposes for a zoning ordinance as are authorized by State law.

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted laws, rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

A.

The Mayor and Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for applications for special exceptions, variances, amendments, appeals, building permits, and other matters pertaining to this Ordinance. Such schedule shall be posted in the office of the Community Development Director and may be altered or amended only by the Mayor and Council.

B.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal pertaining to this Ordinance.

This Ordinance shall apply to all lands, structures, and buildings within the incorporated limits of Frostburg, Maryland, including water areas.

A.

Districts. The City of Frostburg is hereby divided into the following zoning districts:

Primary Districts

"R1" Single-family Residential District

"R2" Neighborhood Residential District

"R2-A" Town Residential District

"R3" General Residential District

"R4" Gateway Residential District

"RO" Residential Office District

"C1" University Corridor/Mixed-use District

"C2" Highway Commercial District

"C3" Town Center District

"C4" Gateway Commercial District

"T-LI" Technology/Light Industrial District

Overlay Districts

"HP" Historic Preservation Overlay District

"PND" Planned Neighborhood Development Overlay District

"CMP" Camping Overlay District

A.

Establishment. The boundaries of the zoning districts are shown on the Official Zoning Map of Frostburg, Maryland, which together with all notations and explanatory matter thereon is hereby made a part of this Ordinance. The Official Zoning Map shall be properly attested and, together with the amendments thereto, shall remain on file with the Clerk of the Allegany County Circuit Court, and an official copy shall be kept at the office of the Community Development Director.

B.

Changes to the Official Zoning Map. If, in accordance with the provisions of this Ordinance, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Mayor and Council. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any person shall be considered a violation of this Ordinance and punishable as provided under Section 1.21. (See also Section 1.9 "Amendments to the Ordinance".)

C.

Replacement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, or lost, the Mayor and Council may by resolution adopt a new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall make a substantive change to the Official Zoning Map. The new Official Zoning Map shall be properly attested, and a notation of the date of adoption shall be entered on the map. Unless the prior Official Zoning Map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to the adoption and amendment of the prior map.

A.

Rules for Interpretation. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be contoured as following such lot lines;

(3)

Boundaries indicated as approximately following City limits shall be construed as following City limits;

(4)

Boundaries indicated as approximately following the centerlines of streams, channels or other bodies of water shall be construed to follow such centerlines;

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 5 above, the Board of Zoning Appeals shall interpret the district boundaries;

(7)

Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the Board of Zoning Appeals may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

The provisions and zoning districts set forth in this Ordinance may from time to time be amended, supplanted, modified, or repealed by the Mayor and Council. The reclassification of any property and the relocation of any district boundary shall be deemed an amendment to this Ordinance and subject to the provisions of this section.

A.

Text Amendments.

(1)

Who may Initiate Amendments: Proposals for amending the Zoning Ordinance text may be made by any interested individual or governmental agency. Such proposals for text amendments shall be in written form as prescribed by the Community Development Director and should be addressed to and filed with the Mayor and Council.

(2)

Procedure for Text Amendment:

(a)

Any proposal for a text amendment shall be in written form and officially filed with the Mayor and Council. The proposed amendment shall be referred by the Mayor and Council to the Planning Commission for an investigation and recommendation.

(b)

The Planning Commission may direct the Community Development Director to make such investigations as the Planning Commission deems appropriate or necessary and, for this purpose, may require the submission of pertinent information by the applicant, and may hold such public meeting(s) as deemed appropriate in the Planning Commission's judgment.

(c)

In addition, the Planning Commission shall submit any recommendations and pertinent supporting information concerning the proposed text amendment to the Mayor and Council within one hundred twenty (120) days after the Planning Commission's first regular meeting following the receipt of said amendment from the Mayor and Council, unless an extension of time is granted by the Mayor and Council.

(d)

After receiving any recommendations of the Planning Commission concerning any such amendment to this Ordinance, and before adopting or denying same, the Mayor and Council shall hold a public hearing in reference thereto in order that parties of interest and citizens shall have an opportunity to be heard. The Mayor and Council shall give public notice of such hearing in accordance with the provisions of Section 1.10.

(e)

A majority vote of the entire body of the Mayor and Council shall be required to pass any amendment to this Ordinance. No amendment shall become effective until at least twenty (20) days after at least one (1) public hearing by City Council.

B.

Map Amendments.

(1)

Who May Initiate Amendments: Proposals for amendment of the Official Zoning Map may be made by any governmental agency or by an individual with a committed financial, contractual or proprietary interest in the subject property.

(2)

Procedure for Map Amendment:

(a)

The Map Amendment proposal shall be addressed to and filed with the Mayor and Council and shall be co-signed by the owner of record of the property if the applicant is other than said owner.

(a)[sic]

Every application for map amendment shall be accompanied by a plat drawn to scale showing the existing and proposed boundaries and be drawn on the Maryland State Plane coordinate system. Such plat shall not be required for sectional or comprehensive reclassifications.

(b)

The proposed amendment shall be referred by the Mayor and Council to the Planning Commission for an investigations and recommendation.

(c)

The Planning Commission may direct the Community Development Director to make such investigations as the Planning Commission deems appropriate or necessary, and for this purpose may require the submission of pertinent information by the applicant, and may hold such public meeting(s) as deemed appropriate in the Planning Commission's judgment.

(d)

In addition, the Planning Commission shall submit any recommendations and pertinent supporting information concerning the proposed ordinance amendment to the Mayor and Council within one hundred twenty (120) days after the Planning Commission's first regular meeting following the receipt of said amendment from the Mayor and Council, unless an extension of time is granted by the Mayor and Council.

(e)

After receiving any recommendations of the Planning Commission concerning any such amendment to this Ordinance, and before adopting or denying same, the Mayor and Council shall hold a public hearing in reference thereto in order that parties of interest and citizens shall have an opportunity to be heard. The Mayor and Council shall give public notice of such hearing in accordance with the provisions of Section 1.10.

(f)

A majority vote of the entire body of the Mayor and Council shall be required to pass any amendment to this Ordinance. No amendment shall become effective until at least twenty (20) days after at least one (1) public hearing by City Council.

(g)

Findings for Map Amendments. Where the proposed amendment is to change the zoning classification of property, the Mayor and Council shall make findings of fact in each specific case including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development, the recommendation of the Planning Commission, and the relationship of the proposed amendment to the Comprehensive Plan.

(i)

The Mayor and Council may grant the reclassification based upon a finding that there was a substantial change in the character of the neighborhood where the property is located since the last classification or that there is a mistake in the last classification and that a change in zoning would be more desirable in terms of the objectives of the Comprehensive Plan.

(ii)

The fact that an application for reclassification complies with all of the specific requirements and purposes set forth in this Ordinance shall not be deemed to create a presumption that the proposed reclassification and resulting development would in fact be compatible with surrounding land uses and is not, in itself, sufficient to require the granting of the application.

(3)

Overlay Districts. The establishment of any Overlay district shall follow the provisions provided in the corresponding sections in Part 4 of this Ordinance, which may supersede the requirements of this section.

(4)

Repeated Application for Map Amendment. No application for reclassification shall be accepted for filing by the Mayor and Council if the application is for the reclassification of the whole or any part of land for which the Mayor and Council have denied reclassification within twelve (12) months from the date of the decision of the Mayor and Council.

(a)

However, the Mayor and Council may allow an applicant to withdraw an application for a map amendment at any time without prejudice; provided, that if the request for withdrawal is made after publication of the notice of the hearing, no applications for reclassification of all or any part of the land which is subject of the application shall be allowed within twelve (12) months following the date of the resolution of the Mayor and Council approving such withdrawal, unless, by the resolution allowing withdrawal or subsequent resolution, the Mayor and Council specify that the time limitation shall not apply.

(5)

Changing the Official Zoning Map. It shall be the duty of the Community Development Director to change the Official Zoning Map forthwith upon the adoption of any amendments, in order that said map shall always be an up-to-date public record of the districts in the City.

A.

Requirements for Notice to the Public. Unless otherwise expressly provided by law, all notice to the general public required by the terms of this ordinance shall be made as follows:

(1)

The property affected or to be affected shall be posted prior to the pending proceeding.

(2)

Such posting shall be made no more than thirty (30) days before the public hearing and no less than fourteen (14) days before such public hearing, by erection of a sign to be furnished by the Community Development Director. Notwithstanding the foregoing, in the event the public hearing is continued after proceedings have begun, no further posting shall be required.

(3)

The sign shall be placed in a conspicuous location on the property where it may be readily seen by the public from a street and/or sidewalk.

(4)

Such sign should be placed inside a window, unless the property is unimproved or the improvements located thereon do not include windows visible from a street and/or sidewalk.

(5)

Any sign required to be posted by this provision shall be maintained in a location clearly visible from a street and/or public sidewalk and free from obstruction by curtains, brush, weeds, or other growth until after the public hearing is held, and such sign shall be removed within seven (7) days after the final decision. At the hearing it shall be the duty of the initiator of the proceeding to prove by affidavit that he/she has posted and endeavored to maintain the sign up to the time of the hearing.

(6)

Such posting of a site(s) shall not be required for comprehensive reclassification procedures.

(7)

Newspaper Advertisement. The Community Development Director shall publish notice of the time and place of the public hearing together with a summary of the subject matter of the hearing in at least one (1) newspaper of general circulation in Frostburg once each week for two (2) consecutive weeks. The first notice shall be published no less than fifteen (15) nor more than thirty (30) days prior to the public hearing.

(a)

A legal advertisement may also include such other information as the Community Development Director deems appropriate.

(8)

Notice of a Public Hearing. Whenever a public hearing is required, the governmental body conducting such hearing shall give at least fifteen (15) days' notice of the time and place of such hearing, by regular first class U.S. mail, to the initiator of the proceeding, to the Chairperson of the Planning Commission, and to the last known owners of record of all properties contiguous to the subject property and of all properties opposite said property measured at right angles to any intervening street.

(a)

Said mailed notice shall be directed to the address to which the real estate tax bill on the property is sent, unless a person specifically provides another address in writing to the Community Development Director for such purpose. Said notice shall contain the same information as the published notice.

(b)

Notification of property owners shall not be required for changes resulting from a comprehensive reclassification, map amendment, or for proposed amendments to the ordinance text.

A.

Conformance Required. Except as hereinafter specified, no land, building, structure or premises or part of any of the foregoing shall hereafter be occupied or used, located, erected, reconstructed, extended, moved, enlarged, converted, or altered except in conformity with the district regulations hereinafter provided.

B.

Territory not within a Zoning District. In the event that any territory has not been specifically included within a district, such territory shall automatically be zoned in the same manner as the most restrictive district adjoining such territory until otherwise classified.

C.

Annexed Territory. All territory which may hereafter be annexed to the City shall be considered to be zoned in the same manner as the most restrictive contiguous territory inside the previous City limits until otherwise classified.

D.

Yard, Open Space, Parking and Loading Requirements. No part of a yard or other open space, or off-street parking or loading space, which is required for any building or use under the provisions of this Ordinance, shall be included as a part of the yard, open space, off-street parking or loading space which is similarly required for any other building or use.

E.

Government Property. This Zoning Ordinance shall not regulate land or buildings owned by the U.S. Government, the State of Maryland, the Allegany County Commissioners, the Allegany County Board of Education or the City of Frostburg for legitimate governmental, educational, or public university purposes.

A.

Exemption. Such essential services shall be permitted in any district, it being the intent hereof to exempt such essential services from the application of this Ordinance. Providing, however, for the following review provisions:

(1)

For any essential services involving the construction of a building or any structure over ten (10) feet in height, the Community Development Director may prescribe such conditions and safeguards as are necessary to ensure compatibility with surrounding uses and to protect the public health and safety.

(2)

For any essential services involving land development that would otherwise be regulated by the Subdivision and Land Development Regulations, the Planning Commission may request review of the exempted project to determine impacts, if any, to the City.

A.

Membership. The Commission shall consist of five (5) or seven (7) members appointed by the Mayor and Council for staggered five (5) year terms or until a successor takes office. One (1) of the members may be a member of the local legislative body, serving in an ex officio capacity concurrent with the member's official term. Members may be removed from office by the Mayor and Council for (i) incompetence; (ii) misconduct; or (iii) in the same manner as for a member of a State board or commission: (a) failure to attend meetings under 8-501 of the State Government Article of the Annotated Code of Maryland; or (b) conviction of a crime in accordance with 8-502 of the State Government Article of the said Annotated Code. The Mayor and Council shall provide the Planning Commission member sought to be removed with a written statement of charges stating the grounds for removal and an opportunity for a public hearing to contest the charges. Vacancies occurring other than through the expiration of term shall be filled for the unexpired term by the Mayor and Council. Members may serve with such compensation as the Mayor and Council deem appropriate.

B.

Organization. The Commission shall elect a chairperson from its membership. The chairperson's term shall be one (1) year with eligibility for re-election. The Commission shall hold meetings quarterly or more often as its duties require, provided, however, that the chair may cancel a quarterly meeting. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record for the purposes of the Maryland Public Information Act (Md. State Gov. Code Ann. §§ 10-611, et seq.), as may be amended from time to time.

C.

Rules of Order. The Planning Commission shall adhere to the Frostburg Planning Commission Rules of Order for all meetings it conducts. The Rules of Order shall be written in accordance with the Maryland Land Use Article. Robert's Rules of Order shall apply in instances where the Rules of Order do not prescribe a procedure.

A.

Appointment. The existing position of "Community Development Director" for the City of Frostburg is hereby continued. Any new Community Development Director shall be appointed by the Mayor and Council.

B.

Duties of Community Development Director. This Ordinance shall be administered and enforced by the Community Development Director. The Community Development Director may be provided with the assistance of such other persons as the Mayor and Council may direct, and the Community Development Director may delegate some or all of his/her duties and responsibilities to his/her designee(s) as are the appropriate, in his/her judgment. See enforcement provisions in Section 1.21 of this Ordinance.

A.

Building Permit Required. No building permit shall be issued except in conformity with the provisions of this Ordinance. A Frostburg Building Permit issued by the Frostburg Community Development Department is required prior to the initiation of any of the following activities:

[a]

Erection of any building or structure.

[b]

Construction of an addition to any building or structure.

[c]

Relocation of any building or structure.

[d]

Major Renovation of any building or structure.

[e]

Demolition of any building or structure.

[f]

Grading.

[g]

Construction of driveways, parking, and sidewalks.

[h]

Construction of walls or fences.

[i]

Construction or installation of a new accessory structure.

[j]

Installation of a permanent sign regulated by this Ordinance.

[k]

Renovations to accommodate a change in type of use.

[l]

Conversion of an unfinished and uninhabitable space to dwelling unit.

[m]

Renovation or Reconstruction of a structure following damages from a natural disaster, including but not limited to a fire or a severe weather event, or following a structural failure.

(2)[sic]

Application for a Building Permit. All applications for building permits shall be accompanied by site plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact size and locations of already existing buildings on the lot, if any, and the location and dimensions of the proposed building or alteration.

(a)

The application shall include such other information as lawfully may be required by the Development Staff, including statements describing or identifying the existing and proposed building(s) and alteration(s); existing and proposed uses of the building(s) and land; the number of families, housekeeping units, or rental units the building(s) is/are designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.

(b)

At least one (1) copy of the plan shall be maintained in the City's files.

(c)

Applications for building permits that are minor in nature and do not involve construction of a principal building shall, at a minimum, be accompanied by a sketch of the proposed project, and should include relevant information such as property lines, dimensions, and/or topography.

(d)

A review by the Chief of Police, the City Engineer, and/or the Allegany Soil Conservation District may be required in certain circumstances.

(3)

Expiration of Permits. If the work described in any building permit has not begun within one (1) year from the date of issuance, said certificate shall expire and it shall be canceled by the Development Staff.

(a)

Extension. A building permit may be extended for no more than one (1) additional six (6)-month period for a good cause as determined by the Development Staff.

(b)

Completion. If the work described in any building permit issued for other than a nonresidential principal building has not been substantially completed within one (1) year of the date of issuance thereof, or eighteen (18) months within the date of issuance if the permit has been extended as provided for in subsection (a) above, said permit shall expire automatically upon the expiration of the applicable term. Building permits for nonresidential principal buildings shall expire (2) years from the date of their issuance. Further work as described in the expired permit shall not proceed unless and until a new building permit has been obtained.

B.

Zoning Use and Occupancy Permits.

(1)

Use and Occupancy Permit. It shall be unlawful to use or occupy or permit the use or occupancy of any building or land, or both, or part thereof, hereafter created, erected, converted, or wholly or partly altered or enlarged in its use of structure until a zoning use and occupancy permit has been issued by the Community Development Director, stating that the proposed use of the buildings or land conforms to the requirement of this Ordinance.

(a)

The structure must meet all code requirements and be verified by an authorized City Inspector prior to issuance of an Occupancy Permit.

(b)

As an administrative matter, the Community Development Director may at his/her option waive, in writing, the requirement for an Occupancy Permit for minor residential additions and similar improvements.

(2)

Relation to Building Permit. All inspections and utility hookups stipulated in the building permit as well as required outside agency approvals must be completed to the satisfaction of the City prior to issuance of an Occupancy permit.

(3)

Temporary. A temporary occupancy permit may be issued by the Community Development Director for a period not exceeding six (6) months during the alterations or partial occupancy of a building pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public. In instances where a temporary occupancy permit is sought, the Community Development Director shall require the developer to post a bond or other surety in an amount sufficient to cover the costs of the completion of the building prior to issuance of the temporary occupancy permit. The form and content of the bond or other surety shall be subject to the approval of the Community Development Director.

(4)

Records. The Community Development Director shall maintain a record of all zoning occupancy permits and copies shall be furnished upon request to any person.

(5)

Rental Housing. The Community Development Director shall require an applicant to prove compliance with the City's Rental Housing Ordinance, as applicable.

C.

Compliance with Submittals and Permits. Building Permits or Zoning Use and Occupancy Permits issued on the basis of site plans and applications approved by the Community Development Director and/or the Board of Zoning Appeals authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction shall be deemed to be authorized by such approval.

(1)

Use, arrangement, or construction differing with that authorized may be deemed a violation of this Ordinance, and may be punishable as provided by Section 1.21 hereof.

D.

Violation. Failure to obtain a zoning use and occupancy or building permit shall be a violation of this Ordinance and punishable under Section 1.21.

A.

Prior to issuing a zoning use and occupancy permit or building permit for construction, expansion, or change in use, a site plan and supporting documentation shall be submitted to the Planning Commission for its review and approval.

B.

The purpose of site plans are to assure detailed compliance with applicable provisions of enacted regulations and to prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only in accordance with all specifications contained on an approved site plan, and shall not be undertaken until the site plan is approved and all required construction permits have been obtained subsequent to such approval.

C.

Applicability. All development or land use activities within the City shall require site plan review before being undertaken, except for the following:

(1)

Construction or expansion of a single-family dwelling, a twin-family dwelling and ordinary accessory structures.

(2)

Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this Zoning Ordinance.

(3)

Parking areas five (5) spaces or less in size.

(4)

Ordinary repair, maintenance or alterations of the interiors of existing structures or uses.

(5)

Exterior alterations or additions to existing structures which would not increase the square footage of the existing structure by more than one thousand (1,000) square feet or have a cost value of less than $10,000.00.

(6)

Agricultural or gardening uses.

(7)

All signs except in conjunction with new development.

D.

Site plan applications shall include the information listed in Appendix A for preliminary and final site plans. The Planning Commission may, in its discretion, waive any information or preliminary requirements which are not relevant to the proposed use and site.

E.

The Planning Commission's review of the preliminary site plan shall include, but is not limited to, the following considerations:

(1)

Adequacy and arrangement of vehicular traffic access and circulation, including emergency vehicle access.

(2)

Location, arrangement, appearance and sufficiency (including, but not limited to, the size of the spaces provided) of off-street parking and loading.

(3)

Location, arrangement, size and design of buildings, lighting, and signs.

(4)

Relationship of the various uses to one another and their scale.

(5)

Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and noise buffer between adjacent uses and adjoining lands.

(6)

Adequacy of stormwater and sanitary waste disposal.

(7)

Adequacy of structures, roadways, and landscaping in areas susceptible to erosion, ponding, or flooding.

(8)

Compatibility of development with natural features of the site and with surrounding land uses.

(9)

Adequacy of open space for play areas, informal recreation and the retention of natural areas such as wildlife habitats, wetlands, and wooded areas.

(10)

Adequacy for pedestrian access.

F.

The Planning Commission may require additional information which appears necessary for a complete assessment of the project.

G.

Major site plans shall be prepared by an engineer, architect, landscape architect, or land surveyor duly registered to practice in the State of Maryland.

H.

Upon receipt of the major site plan, the Planning Commission shall review the site plan, soliciting comments from other departments, agencies, and officials as may be appropriate. The site plan shall be approved if it meets the requirements of this section, Appendix A, other requirements of this Zoning Ordinance and all other Federal, State, and County regulations. Notice of approval or disapproval of the site plan shall be given in writing to the applicant.

I.

Construction of Required Improvements.

(1)

Upon approval of a site plan, the applicant shall then secure the necessary construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the Planning Commission and appropriate City review and approval agencies.

(2)

The City may require inspection during and/or after construction of the site improvements.

J.

Expiration and Extension.

(1)

Approval of site plans shall be for a two (2)-year period and shall expire at the end of such period unless substantial construction of site improvements has begun in good faith, i.e. with the intent to continue with the construction and carry it through to the completion of the project.

(2)

Upon written request by the applicant within thirty (30) days prior to the expiration of said approval, upon good cause shown, the Planning Commission may grant a one (1)-year extension of the aforesaid two (2)-year period.

(3)

The Planning Commission shall acknowledged receipt of a request for an extension and shall render a decision thereon not more than thirty (30) days after its filing.

A.

The purpose of the City of Frostburg Subdivision and Land Development Regulations are to regulate and control the division or the development of land within Frostburg in order to promote the public health, safety, and general welfare of the residents of the City of Frostburg.

B.

Subdivision and Land Development Ordinance. In addition to the provisions of this Ordinance, the regulations set forth in the Subdivision and Land Development Ordinance apply to:

(1)

Any proposed subdivision or other division of land.

(2)

Any proposed new principal nonresidential building.

(3)

Any expansion of more than one thousand (1,000) square feet in floor area of a nonresidential building.

(4)

Any proposed new Multifamily housing unit(s) or townhouses of three (3) or more connected units.

(5)

Any proposed new parking lot consisting of six (6) or more spaces.

C.

Planning Commission Review. A subdivision plat shall not be recorded until it has been approved by the Planning Commission as provided in the Subdivision and Land Development Regulations and witnessed by the signature of the Chairperson.

D.

Relation to Zoning Ordinance. If a conflict occurs between this Ordinance and the Subdivision and Land Development Regulations, the standards set forth in Section 1.3 shall apply.

A.

Membership of Board. The Board of Zoning Appeals shall consist of five (5) members and one (1) alternate appointed by the Mayor and Council. Existing terms of office shall be continued. Any appointments after the adoption of this Ordinance shall be for terms of three (3) years.

(1)

Removal. Members may be removed from office by the Mayor and Council for (i) incompetence; (ii) misconduct; or (iii) in the same manner as for a member of a State board or commission: (a). failure to attend meetings under 8-501 of the State Government Article of the Annotated Code of Maryland; or (b) conviction of a crime in accordance with 8-502 of the State Government Article of the said Annotated Code. The Mayor and Council shall provide the member sought to be removed with a written statement of charges stating the grounds for removal and an opportunity for a public hearing to contest the charges.

(2)

If any member leaves office before the conclusion of his/her term, the Mayor and Council shall appoint a replacement to serve the unexpired length of the term.

(3)

Members may serve with such compensation as the Mayor and Council deem appropriate.

B.

Organization, Meetings, Rules and Records of the Board. The Board of Zoning Appeals shall elect a Chairperson from its membership. The Chairperson's term shall be one (1) year with eligibility for re-election. The alternate may sit on the Board in the absence of any member of the Board. When the alternate is absent, the Mayor and Council may designate a temporary alternate.

(1)

The Board shall adopt rules for the transaction of business that shall be posted in the office of the Community Development Director and available to the public in written form.

(2)

The Board and/or its staff shall keep a record of its resolutions, transactions, testimony, findings, and determinations, all of which shall be public records for the purposes of the Maryland Public Information Act (Md. State Gov. Code Ann. §§ 10-611, et seq.), as may be amended from time to time.

(3)

The Board may call upon any City official or department head for assistance in the performance of its duties, and it shall be the duty of such officers to render such assistance to the Board as may reasonably be required.

(4)

It shall be the duty of the Community Development Director to serve as the secretary and administrative officer for the Board of Zoning Appeals.

C.

Powers of the Board of Zoning Appeals. With respect to zoning matters, the Board of Zoning Appeals shall have the following powers and functions.

(1)

Administrative Review. The Board of Zoning Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by any City agency or official in the administration or enforcement of this Ordinance.

(a)

Any such appeal shall be filed within thirty (30) days after such alleged error, unless the appellant alleges and proves that he/she had no notice, knowledge or reason to believe that such error had been made and should not have known that it had been made, in which event, the appeal shall be filed within thirty (30) days from the date of the earliest to occur of the foregoing bases for extending the filing deadline. If such person has succeeded to his/her interest after such alleged error, then he/she shall be bound by the knowledge of his/her predecessor in interest.

(2)

Interpretation of District Boundaries. The Board of Zoning Appeals may determine the exact location of zoning district boundaries as shown on the Official Zoning Map, consistent with the provisions of Section 1.8 hereof.

(3)

Special Exceptions. The Board of Zoning Appeals shall hear and decide only such special exceptions as the Board of Zoning Appeals is specifically authorized to pass on according to the provisions of this Ordinance and to decide such questions as are involved in determining whether special exception may be granted.

(a)

A special exception may be authorized when the Board of Zoning Appeals finds from a preponderance of the evidence of record that the proposed use or structure:

(i)

Will be consistent with the City's Comprehensive Plan;

(ii)

Will meet the standards and criteria applicable to such use and similar uses permitted as a matter of right within the subject Zoning District; and

(iii)

Will not cause an adverse effect upon adjoining and surrounding properties unique and different, in kind, or degree, than that associated with such use, regardless of its location within the zone.

(b)

Burden of Proof. The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact, which are to be determined by the Board.

(4)

Variances to authorize upon appeal in specific cases such variances from the terms of this Ordinance where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in practical difficulty.

(a)

A variance from the terms of this Ordinance shall not be granted unless and until the applicant has demonstrated each of the following:

(i)

Special conditions and circumstances exist which are peculiar or unique to the land, structure or building involved in a manner different from the nature of the surrounding properties such that the peculiarity or uniqueness causes this Ordinance to impact disproportionately on the applicant's property;

(ii)

The peculiarity or uniqueness of the special conditions or circumstances relate to inherent characteristics of the subject property which are not shared by neighboring properties, (e.g., shape, topography, subsurface conditions, environmental factors, historical significance, access or non-access to navigable waters, practical restrictions imposed by abutting properties (such as obstructions and bearing and party walls) or other similar restrictions);

(iii)

Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance;

(iv)

The special conditions or circumstances did not result from the actions of the applicant;

(v)

Such modification will not be contrary to the public interest; and

(vi)

Such variance will not involve allowing a use not permitted under the terms of this Ordinance in the district involved.

(b)

Administrative Variance. An administrative variance may be granted by the Community Development Director when special conditions and circumstances exist which are peculiar to the lot or parcel, and are not conditions resulting from an act or actions of an Applicant, and would make strict enforcement of this Ordinance unreasonable. Applicability for an administrative modification is relevant to how and when the subject lot was created, geophysical conditions, legal encumbrances or existing improvements associated with the subject lot or parcel. Examples include, but are not limited to, shape of lot, lot area, infrastructure, utility easements, buried or overhead electric lines, or a combination thereof. Modification(s) to development standards are not taken into consideration relative to the financial or physical condition of the applicant, nor for lots created after October 5, 1964 (Subdivision and Land Development Regulations).

(i)

The Community Development Director may only authorize an administrative variance if:

[a]

The subject lot was created prior to October 5, 1964;

[b]

If the project cannot be relocated on the subject lot to meet the requirements of the Zoning Ordinance; and

[c]

The project cannot not be reduced in scope or size to conform to the Ordinance.

(ii)

The Community Development Director may authorize the following administrative variances after making an on-site investigation and consulting with other appropriate agencies:

[a]

An administrative variance of fifty percent (50%) or less in lot size or width.

[b]

An administrative variance of fifty percent (50%) or less in front, side, or rear yard setbacks, including setbacks from alleys. Where lots front on a state highway, the State Highway Administration may vary the setback per their requirements.

[c]

An administrative variance of seventy-five percent (75%) or less in side or rear yard setbacks for accessory structures.

(iii)

The Community Development Director may not authorize an administrative variance to beyond the extent required to meet the purposes for which it was sought. In the event staff denies a request for an administrative modification, it may be appealed to the Board of Zoning Appeals.

(iv)

All other requests for variances must be heard by the Board of Zoning Appeals as a variance to the terms of Section 1.18C(4)(a).

(c)

Persons with Disabilities. After having received a complete written application, the Board of Zoning Appeals shall grant a variance allowing modifications to specific requirements of this Ordinance that the applicant proves to the satisfaction of the Board of Zoning Appeals are necessary to provide a reasonable accommodation under the Americans With Disabilities Act and/or the Federal Fair Housing Act and/or applicable State law, as amended, to serve persons who the applicant proves have disabilities as defined in and protected by such laws.

(5)

Variances shall not be considered based upon the financial condition of the applicant.

(6)

Conditions. In granting any variances or special exception, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance or special exception is granted, shall be punishable under the provisions of Section 1.21 hereof and at the discretion of the Board after notice and hearing and shall be grounds for termination or revocation of the variance or special exception itself.

(7)

Limitation. The Board of Zoning Appeals shall not have the authority to amend the Zoning Ordinance.

(8)

Additional Powers of Board. The Board shall have the authority to hear and decide appeals when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer, including, but not limited to, the Community Development Director, or administrative unit in the implementation of this Ordinance.

(9)

Non-Conforming Uses. The Board may grant approval for the expansion or change of non-conforming uses in accordance with the provisions of Section 1.22.

D.

Who may file an Appeal or Application.

(1)

With respect to zoning matters, applications to the Board may be filed by any person who has a financial or ownership interest in the property to be affected and who is:

(a)

desirous of obtaining the grant of a special exception; or

(b)

desirous of obtaining a grant for variance from the terms of this Ordinance; or

(c)

desirous of obtaining an interpretation of a district boundary, consistent with the provisions of Section 1.8;

(d)

requesting an administrative review or other review or approval specified by this Ordinance.

(2)

With respect to other matters, appeals to the Board may be filed by any person who is aggrieved by any order, requirements, decision, or determination of any City agency or official in connection with the administration and enforcement of this Ordinance.

(3)

Appeals and applications shall be made on forms provided by the Community Development Director.

(4)

The hearing shall be scheduled within ninety (90) days of the date in which the appeal application was filed.

(5)

Appeals and applications, accompanied with the required fees established by the Mayor and Council, shall be filed with the Community Development Director.

(6)

In the case of appeals, the Community Development Director shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.

E.

Hearing, Notice. The Community Development Director shall fix a reasonable time for the hearing of appeals and applications, consistent with its rules of practice and procedure. Public notice shall be given by the Board for all hearings relating to zoning matters in accordance with the procedures set forth Section 1.10 hereof.

F.

Calendar of the Board. The Community Development Director may establish a regular calendar of hearing dates, which are intended to be used if applications are submitted that need action by the Board.

G.

Advice of the Planning Commission. Before deciding any application for special exception, variance, or administrative error review, the Board of Zoning Appeals shall request the advice of the Planning Commission in reference to such applications.

(1)

The Board may request from the Planning Commission such technical information and advice as will further assist the Board in reaching decisions. Any written material forwarded by the Planning Commission shall be incorporated into the public record and be made available to the applicant.

(2)

The advice of the Planning Commission shall not be binding upon the Board of Zoning Appeals. Lack of advisory action by the Planning Commission shall not delay action by the Board of Zoning Appeals.

H.

Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Community Development Director certifies to the Board of Zoning Appeals that by reasons of facts stated in the certificate a stay would, in the Community Development Director's opinion, cause imminent peril to life or property. Upon such certification, the stay shall terminate except that, upon good cause shown, the Board may order that the stay shall remain in effect only if good cause is shown the Board of Zoning Appeals shall by written order permit such proceedings to go forward, in total or in part or under such restrictions as the Board may deem appropriate or it shall order that the stay remain in effect if good cause is shown. A hearing pursuant to the certification shall be held as soon as is practicable.

I.

Repeated Applications. If an application or appeal is disapproved by the Board of Zoning Appeals, thereafter the Board shall not be required to accept for filing another application for substantially the same proposal on the same premises, until after one (1) year from the date of such disapproval.

(1)

An appeal or application may be withdrawn prior to advertisement of the hearing without prejudice; however, the fees for such appeal or application may be retained by the City, at the discretion of the Community Development Director.

J.

Limitation of Authority of the Board. Nothing contained in this section shall be deemed to authorize the Board to reverse or modify any refusal of a permit or any other order, requirement, decision, or determination which conforms to the provisions of this Ordinance and which is therefore not erroneous; nor to authorize the Board to validate, ratify, or legalize any violation of law or of the provisions of this Ordinance.

(1)

The Board shall not amend any of these provisions of this Ordinance including the Official Zoning Map; nor shall such authority be vested in the Board.

A.

Standing to Appeal. Any of the following person(s), jointly or separately, may appeal a decision of the Board of Zoning Appeals to the Circuit Court for Allegany County by filing a request for judicial review with that tribunal;

(a)

Applicant person aggrieved by the decision or action;

(b)

A taxpayer; or

(c)

An officer or unit of City government.

B.

Court Review Procedure. An appeal to the Circuit Court of Allegany County, Maryland, shall be taken in the manner provided by the Maryland Rules of Procedure, Title 7, Chapter 200 or its successor section.

A.

Appeal from Community Development Director. It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Community Development Director. Such questions may be presented to the Board of Zoning Appeals only on appeal from the decision of the Community Development Director. Persons aggrieved by the decisions of the Board of Zoning Appeals may file petition for judicial review with the Circuit Court for Allegany County, Maryland as provided for previously herein.

B.

Role of Mayor and Council. It is further the intent of this Ordinance that the duties of the Mayor and Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this Ordinance, the Mayor and Council shall have only the duties of:

(1)

Considering and adopting or rejecting proposed amendments to the text and the maps, or the repeal of this Ordinance, and

(2)

Establishing a schedule of fees, charges, and expenses as stated in Section 1.4.

A.

Violations and Enforcement.

(1)

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, begin the excavation thereof, or use any building or land in violation of any regulation in or any provision of this Ordinance, or any amendment thereto lawfully adopted by the Mayor and Council, or to fail to comply with any lawful requirement or condition imposed by the Board of Zoning Appeals, or fail to obtain a permit required under this Ordinance.

(2)

All zoning use and occupancy and building permits shall be revocable for failure to comply with all applicable requirements and conditions.

(3)

Enforcement. If the Community Development Director has reason to believe that any of the provisions of this Ordinance are being violated, he/she shall provide or send a written Notice of Violation to the person responsible for such violations, in person or by 1st Class, registered or certified U.S. Mail, indicating the nature of the violation and ordering the action necessary to correct it within ten (10) calendar days, or another reasonable period established in writing by the Community Development Director.

(a)

Such Notice may be sent to the address of the property owner as listed in official real estate tax records or to an address listed in an official application to the City or to another address known to the Community Development Director. The Community Development Director may extend such time period an additional 90 days if the applicant provides evidence of an on-going good faith effort to bring the property into compliance in the shortest reasonable time period.

(b)

Stop Work. In addition, the Community Development Director may issue a Stop Work Order to immediately halt work on a property that is in violation of this Ordinance. Such order may permit limited work to occur that is necessary to stabilize and secure the site.

(4)

If at the conclusion of the time period stated in the Notice of Violation, the violation has not in the judgment of the Community Development Director been satisfactorily corrected, the Community Development Director shall enforce the penalty provisions of this Ordinance and shall take such other action(s) as are permitted under State law to ensure compliance with this Ordinance. Such action(s) may include, but are not limited to seeking a court injunction to bring about the correction of such violation.

(5)

In addition to other enforcement and remedy provisions established by this Section, in case any building is or is proposed to be located, erected, constructed, reconstructed, altered, repaired, converted, maintained, or used, or any land is or is proposed to be used, in violation of this Ordinance as amended, the Mayor and Council, the Community Development Director, or any adjacent or neighboring property owner who would be specifically damaged by such violation may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, restrain, correct, or abate such unlawful location, maintenance, or use, to prevent any illegal act, conduct of business or use in or about such premises.

(6)

Appeals. See Section 1.19 of this Ordinance.

B.

Penalties.

(1)

Any person, firm, or corporation violating any provision of this Ordinance as amended shall be guilty of a municipal infraction, and shall be fined not less than one hundred dollars($100.00) nor more than five hundred dollars ($500.00) for each violation.

(2)

Each and every day a violation exists shall be deemed a separate offense. Section 1.21.A of this Ordinance shall not be interpreted to require the Community Development Director to send any more than one Notice of Violation relative to any particular set of conditions as a condition precedent to seeking remedial or punitive action under this Section.Therefore, if a violation exists for multiple days, only one Notice of Violation needs to be issued prior to citing the violator for each of those days.

(3)

In addition to criminal penalties, the City of Frostburg through the Community Development Director may levy a civil penalty of $500.00 per day for each violation of this Ordinance. Any such civil enforcement shall comply with procedures established in the Annotated Code of Maryland, Land Use Article § 11-202.

(4)

Any criminal or civil fines shall only be levied or assessed after the Community Development Director determines there is a failure to comply with a written notice of violation as stated in Section 1.21, within the time frame set forth in such notice or as extended by the Community Development Director, as applicable.

(Ord. No. 2018-02, § 10, 5-17-2018)

A.

Non-Conformities in General.

(1)

Definition of Non-conformities. Lots, structures, signs, uses of land, and/or uses of structures and land in combination which were lawful before this Ordinance was passed and amended, but which would not be permitted within the applicable district established by this Ordinance, as amended.

(2)

Purposes. To seek the gradual conversion of non-conforming uses over time into more conforming uses and to carefully control increases in the severity of other non-conformities.

(3)

Non-conformities shall not be enlarged upon, expanded or extended except as provided in this Section 1.22. Non-conformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(4)

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which "actual construction" has been carried on diligently.

(5)

Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. For the purposes of this subsection, excavation or demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently.

B.

Non-Conforming Lots of Record. In any district in which single-family detached dwellings are permitted, a single-family detached dwelling and customary accessory structures may be erected on a lot that was a single lot of record at the effective date of adoption of this Ordinance, or upon two (2) or more lots of record that are permanently merged, providing that all applicable requirements of this Ordinance (including but not limited to required yards) are met, regardless of whether such existing lot complies with minimum lot area and minimum lot width requirements.

(1)

Such lot shall be in separate ownership, not be of continuous frontage with other lots in the same ownership, have an absolute minimum lot area of one thousand (1,000) square feet, and not be further subdivided. This provision shall not permit construction upon a lot that according to an approved subdivision plan was not intended for building purposes.

(2)

Any modification of yard requirements shall require a variance by the Board of Zoning Appeals.

(3)

In addition, such a lot must be able to provide a safe water supply and be able to dispose of domestic waste without causing a health hazard.

C.

Non-Conforming Structures and Signs. Where a lawful structure or sign exists at the effective date of adoption or amendment of this Ordinance that could not be erected under the provisions of the ordinance, such structure or sign may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

A structure or sign may be altered to simply decrease its nonconformity. No non-conforming structure or sign may be enlarged or altered in such a way as to increase its nonconformity.

(2)

A non-conforming structure involving a non-conforming use shall also meet the applicable provisions for a non-conforming use.

(3)

A non-conforming structure occupied by a conforming use may be expanded provided all requirements of this Ordinance are met for the expansion, including, but not limited to setbacks, height and maximum building coverage.

(4)

Damage. If a non-conforming structure or sign is damaged or destroyed to an extent of more than fifty percent (50%) of its replacement cost at the time of damage or destruction, it shall not be reconstructed or restored except in conformance with the provisions of this Ordinance, provided however, that any dwelling lawfully existing at the time of the adoption of this Ordinance which shall be damaged to any extent may be repaired or reconstructed at its prior location notwithstanding any other provision of this Ordinance.

(5)

Should such structure or sign be moved for any reason for any distance whatever by the owner thereof, it shall thereupon be required to conform to the regulations for the district in which it is located after it is moved, except that a structure or sign may be moved on a lot (such as further from a street) to simply make it less non-conforming.

D.

Non-Conforming Uses Not Involving Significant Structures. Where at the time of adoption of this Ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, and where such use involved no individual structure with a floor area in excess of one hundred (100) square feet, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time the use became non-conforming.

(2)

No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance.

(3)

If any such non-conforming use of land ceases for any reason for a period of more than ninety (90) days, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.

(4)

No additional structure that does not conform to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land.

E.

Non-Conforming Uses Involving Significant Structures. If a lawful existing use involves individual structure(s) with a total floor area in excess of one hundred (100) square feet exists at the effective date of this Ordinance, and such non-conforming use would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

No non-conforming structure shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered in such a way that will increase the extent of any dimensional nonconformity.

(2)

Expansion.

(a)

As a special exception, the Board of Zoning Appeals may permit a non-conforming use (other than a sign) to expand up to a maximum of fifty percent (50%) of the total floor area, the total building volume and the total land area occupied by the use, whichever is more restrictive, that existed on the date the use became non-conforming under the City Zoning Ordinance, provided that:

(i)

No new nonconformity is created,

(ii)

No existing dimensional nonconformity is made more severe, and

(iii)

No additional non-conforming dwelling units or boarding house units are created.

(b)

In addition, the Community Development Director may allow minor expansions of a non-conforming use to accommodate routine minor adjustments that will not increase the intensity of the use, such as construction of fire stairwells or handicapped access.

(3)

Within Existing Building. Any non-conforming use may be extended throughout any parts of an existing building which were manifestly arranged or designed for such use at the time such use became non-conforming.

(4)

Change in Use:

(a)

A non-conforming use may be changed to a use permitted in the district in which it is located. If a non-conforming use is changed to a conforming use, a non-conforming use may not thereafter be resumed.

(b)

As a special exception, a lawful non-conforming use may be changed to another non-conforming use, provided that the applicant proves that the new use will not be more intense in terms of external effects and nuisances than the previous use.

(5)

Abandonment. When a non-conforming use involving a structure of over one hundred (100) square feet of floor area is discontinued or abandoned for twelve (12) consecutive months or for a minimum of eighteen (18) months during any three (3)-year period (except when government action impedes access to the premises), the right to continue a non-conforming use shall cease. In such case, the land and structures shall only be used in conformance with the regulations of the district in which they are located.

(6)

Destruction. Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subject is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction.

(7)

Number of Occupants. Where this Ordinance would require a lower number of occupants in a certain dwelling unit than City regulations that were in effect immediately before this Ordinance was adopted, such higher maximum number of occupants may continue within that dwelling unit as a non-conforming use, provided:

(a)

The property owner or his/her successor provides evidence that such dwelling unit was registered with the City of Frostburg under the Rental Housing Code at the time this Ordinance was adopted, and continues to be registered,

(b)

Such dwelling unit was inspected under the Rental Housing Code, and continues to be inspected as required,

(c)

There continues to be compliance with the maximum number of occupants that were authorized by the Housing Inspector, and

(d)

The number of dwelling units or rooming house units on the lot does not increase after the adoption of this Ordinance.

F.

Repairs and Maintenance.

(1)

This Ordinance shall not regulate ordinary maintenance and repairs of nonconformities, provided the extent of the nonconformity is not increased.

(2)

If the non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, or rebuilt except in conformity with the regulation of the district in which it is located.

G.

Uses Allowed Under Special Exception Provisions.

(1)

Any use which exists at the effective date of this Ordinance which is permitted by this Ordinance as a special exception in the district where such use is located shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming special exception use.

(2)

Such use, however, shall be subject to the jurisdiction of the Board of Zoning Appeals as a special exception, and shall not be expanded or otherwise modified or enlarged except upon Board hearing and approval.

A.

If an existing use changes in the type of use or expands into additional types of uses that are permitted by this Ordinance, then one (1) of the following shall occur:

(1)

The applicant shall apply for a new use and occupancy permit and obtain required approvals for all uses on the property and shall prove full compliance with this Ordinance, or

(2)

Alternatively, the applicant shall submit a written permit application to the Community Development Director describing the proposed new uses, and shall agree to comply with reasonable conditions on such permit that shall be established by the Community Development Director to avoid nuisances and hazards resulting from the new uses, such as, but not limited to, reasonable limits on hours of operation and on outside storage.

The conversion of a nonresidential building into a dwelling unit, or the conversion of a single-family unit into multiple dwelling units, shall be permitted only: a) within a district in which a new building for similar occupancy would be permitted under this Ordinance, and b) when the resulting occupancy will comply with all the requirements governing new construction in such district.

Nothing in this Ordinance shall prevent the temporary strengthening to a safe condition of any part of any building or structure declared unsafe by proper authority until such time as it shall be restored or fully demolished in accordance with this Ordinance, provided that this provision shall not be used to circumvent the Historic District Regulations.