Hampstead City Zoning Code
ARTICLE XXXI
Administration
§ 135-260 Zoning Administrator.
[Amended 12-21-1992 by Ord. No. 229; 3-8-2005 by Ord. No. 410]
A.
There is hereby established the office of Zoning Administrator. The office shall be filled by the Town Manager or other person appointed by the Mayor and Council of the Town of Hampstead after receipt of recommendations by the Commission. Any person appointed to the office shall be qualified by education, experience or training to administer and enforce the provisions of this chapter. Any persons so appointed shall maintain no interest in any matter which may be construed by the Mayor and Council to be in conflict with the duties and decisions of the office of Zoning Administrator.
B.
Power and duties. The Zoning Administrator shall:
(1)
Interpret the provisions of this chapter.
(2)
Enforce the provisions of this chapter and issue all necessary notices or orders to insure compliance with said provisions.
(3)
Make any inspections required by this chapter or necessary to enforce this chapter and engage the assistance of any person or agency deemed necessary to make such inspection. This includes the authority to make application for an administrative warrant with the consent of the Mayor.
(4)
Make findings related to this chapter except for those expressly reserved to the Planning and Zoning Commission or Board of Zoning Appeals.
(5)
Identify and process violations of this chapter including the issuance of municipal citations.
(6)
Maintain all official records of applications, certificates, fees, inspections, notices, orders and citations.
(7)
Receive, file and forward to the Board of Zoning Appeals all applications for variances or other matters on which the Board is required to review or approve under the provisions of this chapter.
(8)
Receive, file and forward to the Planning and Zoning Commission all applications for subdivision, site plans or other matters which the Commission is required to review or approve under the provisions of this chapter.
(9)
Provide information to the public on matters relating to this chapter.
§ 135-261 Issuance of permits and licenses.
All departments, officials and public employees of the Town of Hampstead which are vested with the duty or authority to issue permits or licenses shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.
§ 135-262 Zoning certificates.
[Amended 4-8-1997 by Ord. No. 296]
A.
It shall be unlawful for an owner to use or to permit the use of any building, structure or land or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, or for an owner to build, change or convert any building or structure until a zoning certificate shall have been issued by the Zoning Administrator. A zoning certificate shall be revocable, subject to continued compliance with all requirements and conditions.
B.
All applications for zoning certificates shall be accompanied by plans drawn approximately to scale, showing the dimensions and shape of the lot to be built upon; the size and location of existing buildings, if any; and the location and dimensions of the proposed building or alteration. Where no buildings are involved, the location of the present use and/or proposed use to be made of the lot shall be shown. The application and/or plans shall include such other information as reasonably may be required by the Zoning Administrator to determine conformance with and provide for the enforcement of this chapter. The plans shall be retained in the office of the Zoning Administrator.
C.
The Zoning Administrator shall approve the issuance of a zoning certificate only if the application complies with the requirements of this chapter, and provided that such zoning certificate shall be conditioned, where necessary, on the approval of the County Health Officer, state and/or county roads agency, Planning and Zoning Commission or any other agency concerned, and provided that the application is accompanied by the required fee. The Zoning Administrator shall maintain a record of all zoning certificates, and copies shall be furnished upon request to any person upon payment of the cost therefor.
D.
If a zoning certificate is issued, such approval and issuance thereof does not sanction variance from the terms of this chapter.
E.
Prior to the issuance of a zoning certificate authorizing the construction of a building, all public works agreements required for the site must be executed by the Town and the owner of the property.
F.
A zoning certificate shall become void one year after the date of issuance if the construction or use for which the certificate was issued has not been started.
§ 135-263 Notification of violation; order to discontinue.
If the Zoning Administrator shall find any of the provisions of this chapter being violated, he shall notify, in writing by certified mail, the owner or the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; and shall, unless compliance is met within a reasonable time, take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.