A.

Applicability.

1.

Hereafter, no structure, except signs exempt from the provisions of this chapter, shall be erected, demolished, constructed, reconstructed, altered, moved or enlarged except with a building permit that has been approved by the Chief Executive Officer for compliance with this chapter.

B.

Authority.

1.

The Chief Executive Officer shall:

a.

Examine all applications for building permits and certificates of occupancy and approve such permits and certificates only where there is compliance with the provisions of this chapter;

b.

Permits and certificates requiring a special exception or variance and appeals shall be referred to the board of appeals for action thereon, in accordance with Article VI and shall be issued only upon order of the Board of Appeals;

c.

Refer to the design review board applications for permits for properties located in the Central Business (CB) Zone, Central Business Transition (CBT) Zone and the Commercial Highway (CH) Zone for action thereon, in accordance with chapter 16—Design review;

d.

Conduct inspections and surveys to determine compliance or noncompliance with the provisions of this chapter;

e.

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

f.

With the approval of the Town Council or when directed by it, institute, in the name of the town, any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, movement, enlargement, repair, conversion, maintenance or use; to restrain, correct or abate such violation so as to prevent the occupancy of or use of any structure, building or land; or to prevent any illegal conduct, business or use in or about such premises;

g.

Revoke, by order, any building permit or certificate of occupancy approved under a misstatement of fact or contrary to the law or provisions of this chapter;

h.

Maintain a map or maps showing the current zoning classification of all land in the Town of La Plata;

i.

Maintain a map or maps of all nonconformities, variances and special exceptions and maintain a file on each;

j.

Upon the request of the Town Council, Planning Commission or Board of Appeals, present to such persons or bodies facts, records or reports which they may request to assist them in making decisions or assist them in any other way as requested; and

k.

In his or her discretion submit any application for a building permit for a multi-family residential, commercial or industrial project to the Planning Commission for review and comment as to the application's consistency with the town's comprehensive plan and compatibility with surrounding land uses if:

(1)

He or she reasonably believes that the use as proposed may not be consistent with the comprehensive plan or may not be compatible with surrounding uses; and

(2)

Require the building permit application to be revised or modified to incorporate recommendations of the Planning Commission which will enable the proposed construction and use to be more consistent with the comprehensive plan or more compatible with surrounding properties.

C.

Filing.

1.

All applications for approval of building permits for conformity with this chapter shall be made, in writing, by the owner or authorized agent on a form provided by the town. Each application shall be accompanied by a plat, in duplicate, including the following information:

a.

A statement as to the proposed use of the structure, building or land;

b.

A site layout, drawn to a scale of one inch equals one hundred feed (1"=100'), showing the location and dimensions of all proposed buildings and uses;

c.

Lot dimensions and the lot, dimensions and arrangements of all open spaces, yards, parking and loading areas. Methods to be used for screening shall be included, where applicable;

d.

The design of parking areas and the number of spaces;

e.

The number, dimensions, location and methods of illumination of signs; and

f.

Other information as required by this chapter or necessary for the Chief Executive Officer to enforce the provisions of this chapter.

D.

Authority of permit.

1.

The approval of a building permit shall constitute an authorization to do only the work set forth in the application of the permit submitted and approved as part of the application. All work performed by the person to whom the permit is issued or by his successor shall be in accordance with the requirements of this chapter.

E.

Time limitation of application.

1.

An application for a permit for any proposed work shall be deemed to be abandoned one hundred eighty (180) days after the date of filing unless the application has been pursued in good faith or a permit has been issued; except that the Chief Executive Officer is authorized to grant one (1) or more extensions of time for additional periods not exceeding one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated.

F.

Expiration.

1.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced, the Chief Executive Officer is authorized to grant, in writing, one (1) or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated.

G.

Prior permits.

1.

No building permit lawfully issued by the Chief Executive Officer prior to the effective date of adoption or amendment of this chapter shall be invalidated by the adoption or amendment of this chapter, if substantial construction has occurred pursuant to the approved permit. Such permit shall remain valid and subsisting, subject only to its own terms.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Applicability.

1.

A certificate of occupancy shall be required prior to any of the following:

a.

Occupancy and use of a building after the building has been erected, constructed, reconstructed, altered, moved or enlarged;

b.

A change in use status of any building, occupancy or unimproved land; and

c.

Any permitted change in a nonconforming use.

B.

Filing.

1.

All applications for certificates of occupancy shall be made in writing, on forms provided by the town after the erection, construction, reconstruction, alteration, movement or enlargement of any building or prior to a change in occupancy or use status of any building, unimproved land or nonconforming use. Within ten (10) days after receipt of the written application, the Chief Executive Officer shall approve a certificate of occupancy if the building or proposed use complies with the provisions of this chapter and if any major facilities fees required by Chapter 101 Fees of this code have been paid.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

All applicants and appellants for building permits, certificates of occupancy, variances, special exceptions and amendments to this chapter shall pay a fee in accordance with a fee schedule adopted or amended by the Town Council from time to time by ordinance.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

In the event that any building or structure is erected, demolished, constructed, reconstructed, altered, moved, repaired, converted or maintained, or any structure or land is used, in violation of this chapter, the Chief Executive Officer, in addition to other remedies, may institute injunction, mandamus or other appropriate actions or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, movement or maintenance or use; to restrain, correct or abate such violation; and to prevent any illegal conduct, business or use in or about such premises. The rights and remedies provided in this chapter are cumulative and are in addition to other remedies provided by law.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

For any and every violation of the provisions of this chapter, the owner, agent or contractor of a building or premises where such violation has been committed or shall exist; the owners, agents, contractors, lessee or tenant of any building or premises in which past such violations have been committed or shall exist; and the agent, architect, building contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, is guilty of an infraction, and violations of the provisions of this chapter are declared to be municipal infractions. Enforcement shall be as specified in Chapter 1, General Provisions, Article III, particularly section 1-22;

B.

Any of such persons described in subsection A. who knowingly and intentionally violates any of the provisions of this chapter or a notice lawfully issued by the Chief Executive Officer under this chapter, is guilty of a misdemeanor and liable to a penalty as set forth in Chapter 1, General Provisions, Article III, particularly section 1-21;

C.

Whenever any such person described in subsection A. shall have been notified, in writing, by the Chief Executive Officer that the person is in violation of the provisions of this chapter, such person shall commence correction of all violations within five (5) days after such notice and shall correct all such violations within thirty (30) days of written notice. If corrections are not commenced within five (5) days of written notice or not corrected within thirty (30) days of written notice, each day that a violation continues shall be considered a separate offense, punished by a like penalty;

D.

The following officials are hereby empowered and authorized to enforce the provisions of this chapter.

1.

Any Code Enforcement Officer of the town;

2.

Any officer of the La Plata Police Department; and

3.

The Town Chief Executive Officer.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Establishment of Board. In accordance with the Land Use Article of the Annotated Code of Maryland and in order that the objectives of this chapter may be more fully and equitably achieved and a means for interpretation provided, there is established a Board of Appeals for the town.

B.

Membership; terms.

1.

The Board of Appeals shall consist of three (3) members. Members shall be appointed by the Town Council and shall be removable for cause upon written charges and after a public hearing. The Town Council shall appoint one (1) alternate member who may sit on the Board of Appeals in the absence of any member; and when the alternate is absent, the Town Council may designate a temporary alternate. If the Board of Appeals is without sufficient members to hear or decide any matter because of disqualification of so many of its members, because of conflict of interest or otherwise, that a quorum cannot be obtained, the Town Council may designate such number of temporary alternates as are necessary to enable the matter to be heard and decided. Vacancies shall be filled by appointment for the unexpired term.

2.

Board of Appeals members shall be appointed for terms of three (3) years each.

C.

Procedures, meetings, records and decisions.

1.

The Board of Appeals shall elect a Chairman from its membership, shall appoint a Secretary and shall prescribe rules in accordance with the provisions of the Land Use Article of the Annotated Code of Maryland and this chapter for the conduct of its affairs;

2.

Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board of Appeals may determine. Such Chairman or, in his or her absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of board of appeals shall be open to the public, except as a meeting or a portion of a meeting may be closed pursuant to the Maryland Open Meetings Act; and

3.

The Board of Appeals 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 and shall keep records of its examinations and other official actions, all of which shall be immediately filed as public records. All actions or decisions shall be taken by resolution in which two (2) members, present during the proceedings, must concur. Each resolution or decision shall contain a statement of the grounds forming the basis of such resolution or decision. The Chairman shall notify the Town Council, Chief Executive Officer and Planning Commission of all decisions and resolutions.

D.

Notice of hearings.

1.

Upon filing with the Board of Appeals of an application for special exception, variance, an appeal from a decision of an application to the Historic Zone Commission, an appeal from a decision of an application to the design review board, or an appeal from alleged error of the Chief Executive Officer or in any order, requirement, decision, or determination made by an Administrative Officer, and after having been reviewed and deemed a complete application as specified in subsection 191-57.D(1)(A), the Board of Appeals shall fix a reasonable time for a public hearing on the application, generally not more than seventy-five (75) days from the filing date of a complete application, subject to the following:

a.

All applications must be submitted to the executive secretary of the Board of Appeals. Within not more than fifteen (15) days after receipt of an application, the Executive Secretary of the Board of Appeals, and the Chief Executive Office, where applicable, shall determine whether the application is complete. If it is determined that the application is not complete, the applicant shall be promptly notified in writing, specifying the deficiencies of the application, including any additional information that must be supplied, and that no further action will be taken by the town on the application until the deficiencies are corrected;

b.

If the applicant fails to correct the specified deficiencies within fifteen (15) days of the date of notification of deficiency, the application will be deemed withdrawn and will be returned to the applicant;

c.

Where a Planning Commission recommendation is required by this chapter, the Board of Appeals shall take into consideration the time necessary for the Planning Commission to evaluate and make recommendation on the application, and be so guided in fixing a date for a public hearing;

d.

At least fourteen (14) days prior to the date fixed for public hearing, the board shall publish a notice containing the name of the applicant or appellant, the date, time and place of the hearing and a brief statement of the special exception, error alleged or variance or other question which is subject to appeal in at least one (1) newspaper of general circulation;

e.

The Board shall post in a conspicuous place on the property involved a notice of pending action containing the same information as in subsection D. above at least fourteen (14) days prior to the date fixed for the public hearing; and

f.

The Board shall give written notice of the time and place of such public hearing, sent by first-class mail, to the applicant or appellant and to the owners of property contiguous to or opposite the property affected.

E.

Interpretation.

1.

Upon appeal from a decision by the Chief Executive Officer, the Board of Appeals shall decide any question involving the interpretation of any provisions of this chapter, including interpretation of zone boundaries, and involving an alleged error in any order, requirement, decision or determination made by the Chief Executive Officer in the enforcement of this chapter.

F.

Design Review Board.

1.

Upon appeal from a decision of the Design Review Board, the Board of Appeals shall decide any question involving the interpretation of any provisions of Chapter 16, including the interpretation of the approved Town of La Plata Community Design Guidelines.

G.

Time limitations.

1.

A decision of the Board of Appeals approving a special exception or variance involving the erection, construction or alteration of a building or structure shall lapse after the expiration of one (1) year unless a building permit is obtained within this period and the erection, construction or alteration proceeds to completion in accordance with the terms of the decision.

2.

A decision of the Board of Appeals approving a special exception for the use of a building or structure shall lapse after the expiration of one (1) year unless a certificate of occupancy has been obtained within this period and such use is established.

3.

A decision of the board of appeals approving the use of land shall lapse after the expiration of two (2) years, unless a grading permit has been obtained within this period and development for such use of land is actively proceeding to completion in accordance with the terms of the decision.

H.

Appeals.

1.

Appeals to the Board of Appeals may be taken by any person aggrieved by a decision of the Administrative Officer, or an officer, department, Board or Commission of the town. The Board of Appeals may in conformity with law and the provisions of this chapter reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and make such order, requirements, decision or determination as ought to be made. Any appeal from a decision of the design review board shall be based solely upon the record of proceedings made before the design review board.

2.

An appeal stays all proceedings in furtherance of the action appealed, unless the Chief Executive Officer certifies to the Board facts stated in the certification that indicate to the Chief Executive Officer that a stay would cause imminent peril to life or property, in which case the board may stay the proceedings for good cause shown.

3.

When an appeal is heard by the Board of Appeals in accordance with this section, the Chief Executive Officer shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall have the burden of persuasion on all questions of fact which are to be determined by the Board.

4.

Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals, and who were parties to the proceeding before the Board, or any officer, department, board or unit of the town, may seek judicial review of the decision by the Circuit Court for Charles County.

I.

Application fee.

1.

Any application to the board of appeals filed pursuant to this section shall be accompanied by an application fee as may be specified in Chapter 101 Fees.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

The Town Council may from time to time amend, supplement, change, modify or repeal this chapter, including the official zoning map.

B.

Zoning text and map amendment procedures.

1.

Proposals for amendment, supplement, change, modification or repeal may be initiated by the Town Council on its own motion, by the Planning Commission or by petition of one (1) or more owners of property to be affected.

2.

The Town Council shall refer every proposed zoning text and map amendment, supplement, change, modification or repeal of this chapter initiated by the council to the Planning Commission in the form of a proposed ordinance;

3.

The Planning Commission may at any time transmit to the Town Council any proposal for the amendment, supplement, change, modification or repeal of this chapter initiated by the Commission. Upon receipt of a proposal from the Planning Commission the Town Council shall:

a.

Consider the proposal of the Planning Commission and may:

(1)

Create and introduce an ordinance according to the recommendation as presented or as revised by the Town Council; and

(2)

Submit the ordinance to the Planning Commission for a public hearing; or

(3)

Reject the proposal.

4.

One (1) or more owners of property to be affected by an amendment, supplement, change, modification or repeal may submit to the Chief Executive Officer an application on forms created for such purpose, and will be processed as follows:

a.

The Chief Executive Officer shall review the petition for completeness and notify the petitioner in writing, specifying the deficiencies of the petition, including any additional information that must be supplied, and that no further action will be taken by the town until the deficiencies are corrected.

b.

Completed petitions will be forwarded to the Planning Commission for review of the proposed amendment by the Planning Commission. The Planning Commission will review the petition and make recommendations to the petitioner for proposed revisions to the petition or may forward a recommendation to the Town Council for introduction of an ordinance and scheduling of public hearings.

5.

Planning Commission review and public hearing. Upon receipt of a proposed ordinance from the Town Council the Planning Commission shall hold a public hearing on the proposed ordinance. Following the Planning Commission public hearing, the Commission may:

a.

Continue the hearing until a specified date;

b.

Keep the record open for a specified number of days;

c.

Schedule further deliberation of the testimony; or

d.

Consider the testimony presented and make a recommendation to the Town Council on the approval, amendment or rejection of the ordinance.

6.

Town Council review and public hearing. The Town Council, upon receipt of recommendation from the Planning Commission on a proposed ordinance, shall consider the recommendation of the Planning Commission and may hold a public hearing. Following the Town Council public hearing the town council shall:

a.

Consider the testimony presented;

b.

Consider amending the ordinance as presented;

c.

Consider adoption or rejection of the ordinance as introduced or amended; or

d.

Take no further action on the proposed ordinance.

C.

Public hearings and notice.

1.

Notice of public hearings conducted pursuant to subsection B. of this section shall be given as follows:

a.

Once each week for two (2) consecutive weeks, prior to the date fixed for the public hearing(s), publish the first notice containing the name of the applicant or initiator, the date, time and place fixed for the hearing, the general nature of the hearing and the place where a copy of the proposed amendment, supplement, change, modification or repeal may be obtained in at least one (1) newspaper of general circulation in the town of La Plata. The first notice shall be published at least fourteen (14) days before the hearing.

b.

When such hearing concerns a zoning map change, post in a conspicuous place on the property involved a notice of pending action, containing the same information as in subsection C.1.a. above. Such posting shall take place at least fourteen (14) days prior to the date fixed for public hearing.

c.

When such hearing concerns a zoning map change, written notice of the time and place of such hearing shall be sent by certified mail to the applicant and to the owners of record of property contiguous to or opposite the property affected.

d.

The requirements of subsections C.1.a. and b. of this section do not apply when a zoning map change is proposed as part of a comprehensive zoning or rezoning of the town or a portion of the town.

D.

Procedures to maintain a rezoning once granted.

1.

Within one (1) year of the granting of a rezoning, application for building permits must be filed with requisite fees paid. Otherwise such zoning shall revert automatically to its prior zoning classification without notice and public hearing.

2.

Within one (1) year of the issuance of a building permit, construction shall be commenced on the land so zoned otherwise such zoning shall revert automatically to its prior zoning classification without notice and public hearing.

3.

Within three (3) years of the granting of a rezoning, the subject land shall be substantially devoted to such use or uses as may be permitted in the zone otherwise the zoning shall revert automatically to its prior zoning classification without notice and public hearing.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

In their interpretation and application, the provisions of this chapter shall be considered minimum requirements. Where the provisions of this chapter impose greater restrictions than any statute, other regulation, ordinance or covenant, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this chapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)