(a)

No building or other structure shall be erected; nor shall any existing building or other structure be moved, added to, enlarged, or structurally altered; and no excavation for any building or other structure shall be begun without the issuance of a building permit therefore by the Building Official.

(b)

In cases where no building or other structure is proposed, a use and occupancy permit shall be obtained from the Building Official before any land is used for any purpose.

(c)

A use and occupancy permit shall be required for a newly constructed or reconstructed, single-family detached dwelling used exclusively for residential purposes.

(d)

Building permits for public utility equipment. Building permits shall not be required for single poles and other single-legged structures and their appurtenant cross arms and items of equipment installed and maintained by a public utility subject to regulation by the State Public Service Commission; nor for poles or structures used for street lights, fire alarm boxes, traffic signals or similar municipal equipment installed by the state or a political subdivision thereof.

(e)

Non-issuance of building permits pending appeal or time therefore. No building permit shall be issued during the time permitted by law or rule of court for the filing of an appeal from:

(1)

A final decision by the Mayor and City Council granting an application for a map amendment.

(2)

A final decision by the Mayor and City Council granting approval of revitalization overlay area plan.

(3)

A decision of the Board of Appeals granting a special exception or variance, or a decision of the Board reversing a denial of a building permit, use and occupancy permit, or any other order, requirement, decision, or determination by the Director of the Department of the Fire Marshal and Permit Services, or their designee, the Planning Commission, or any other officer of body in the administration of this article.

(4)

A decision or judgment of a court in a proceeding which seeks to affirm, reverse, modify, or nullify a decision of the Mayor and City Council or Board of Appeals set forth in Subsections (e)(1) through (e)(3) of this section or to remand the same to the Mayor and City Council or board, or shall a building permit be issued during the pendency of such court proceedings or a proceeding before the Board of Appeals provided, that nothing herein shall be construed to prohibit the issuance of a building permit for any use which would have been permitted under this article for the subject property immediately prior to a decision set forth in Subsections (e)(1) through (e)(3) hereof, unless such use would not be permitted under the requested change in classification or grant which was the subject of such decision.

(5)

The provisions of Subsections (e)(1), (e)(2), and (e)(3) of this section shall not be applicable where there has been no opposition to the action of the Mayor and City Council or of the Board of Appeals.

(f)

A use and occupancy permit shall be required prior to any of the following:

(1)

Occupancy and use of any building.

(2)

Change wholly or in part in use of an existing building.

(3)

Occupancy or change in use of unimproved land.

(4)

Any approved and permitted change in a nonconforming use or occupancy thereof.

(5)

Any change in ownership, operational law, or tenancy of a commercial or industrial use.

(6)

Alterations increasing the interior square footage or affecting the intensification of any portion of the existing or intended uses.

(g)

Uses and occupancy permits are required for each unit of a condominium or common ownership type dwelling where only use or where ownership changes.

(h)

Use and occupancy permits are required for each unit of a multifamily building (apartment) containing three (3) or more dwellings.

(Ord. No. 1987, 10-25-2021)

Applications for building permits or use and occupancy permits shall be filed in duplicate on forms provided by the Department of the Fire Marshal and Permit Services.

(a)

Each application for a building permit shall be accompanied by duplicate copies of a site plan or plat drawn to scale, showing:

(1)

The lot, lots or parcels upon which the building is proposed to be erected; lot dimensions; lot and block numbers or other legal description; and subdivision name, if any.

(2)

Name and width of abutting street or streets.

(3)

Location, dimensions, and use of existing buildings and other structures on the lot or lots.

(4)

The location, dimensions, and proposed use of buildings and other structures for which a permit is requested.

(5)

Front and rear yard widths.

(6)

North point and scale of the plan.

(7)

Stormwater management plan.

(8)

Site, development, and landscaping plans as required by this article, signed and sealed by a registered professional engineer, and any additional information deemed necessary by the Planning Commission, Director of the Department of Economic and Community Development, or Fire Marshall to evaluate the building or development.

(9)

As required by this article, site and landscape plans shall be submitted on twenty-four (24) inches by thirty-six (36) inches paper size. Plans shall be drawn to a one-inch equals thirty (30) feet scale, or other scale as determined appropriate by the Director of the Department of Economic and Community Development.

(10)

Minor alterations to existing buildings may not require the above.

(b)

Each application for a use and occupancy permit shall be accompanied by:

(1)

Duplicate copies of a site plan or plat, drawn to scale, showing:

a.

The lot, lots or parcels on which the use is proposed, lot dimensions, lot and block numbers or other legal description, and subdivision name, if any.

b.

North point and scale of the plan.

c.

Location of all existing and proposed buildings.

d.

All curb cuts, parking areas, loading areas and driveways, and a tabulation of the total required number of parking spaces, including handicapped spaces.

e.

Location of all existing and proposed landscaping.

(2)

A statement indicating the proposed employment, number of shifts, and maximum number of employees on each shift.

(3)

A statement describing in detail the use or uses to be conducted on the lot, indicating the effects in producing pedestrian bike and vehicle traffic sign and sealed by a registered traffic engineer or signed by a Transportation Planner certified by the American Institute of Certified Planners.

(4)

Other information as may be requested by the Planning Commission or Director of the Department of the Fire Marshal and Permit Services, or their designee.

(c)

(1)

In order to ensure sound future development and to ensure development in accordance with the provisions of this article, the Planning Commission shall review and approve all site and landscaping plans except for those involving one (1) single lot to be used as a single-family detached dwelling. The provisions of Section 20-42.3, obligation for road improvements, of this chapter relating to adequate public facilities shall be complied with, where applicable, in conjunction with such site and landscape approval process. Such approval shall be required prior to the issuance of any grading permit or building permit involving new construction or development. When applicable, the approval of any site or landscape plan shall be conditioned upon compliance with any applicable requirements of the Forest Conservation Regulations, as set forth in Article V of this chapter.

(2)

No building permit or use and occupancy permit will be issued, and no structure or use will be established except in conformity with the site and landscaping plans approved by the Planning Commission.

(3)

After a site plan has been approved and construction of the development has been completed in accordance with the site plan, a change in use which does not affect the design of the development and which requires no new construction other than minor remodeling will not require an additional site plan review by the Planning Commission.

(4)

Each application involving site and landscape plan approval, together with the required information described below, shall be submitted to, and processed by the Department of Economic and Community Development according to a schedule determined by the Director of the Department of Economic and Community Development. Such plans shall be referred to all appropriate area agencies or departments for their review and comment.

(5)

Approval of a final site or landscape plan shall expire two (2) years after the date of such approval unless construction has begun. Construction shall commence with the construction and approval of all footings. This period may be extended for an additional one (1) year by the Director of the Department of Economic and Community Development, or their designee, for good cause. Good cause shall be limited to conditions beyond the control of the applicant such as failure of governmental bodies to review and approve plans in a timely fashion but shall not include failure to obtain financing or other market conditions. Approval of a preliminary site and landscape plan shall expire three (3) years after the date of approval unless a final site and landscape plan has been filed with the Department of Economic and Community Development. For purposes of this subsection, construction shall have begun when footings have been poured for all or a substantial portion of the improvements for which the site or landscape plans were approved. Upon expiration of the final or preliminary site or landscape plans pursuant to this subsection, such plans shall thereupon be void and no construction or any other work shall be performed on the site until a new application for site and landscape plan approval has been applied and final approval obtained. Such new application shall be subject to all applicable laws, ordinances, and regulations in existence at the time of such application.

(6)

The following information shall be required prior to the approval of any such site plan:

a.

A map of the subject property at a scale of one-inch equals thirty (30) feet or other as determined appropriate by the Director of the Department of Economic and Community Development.

b.

A topographic map of the property, at a minimum of five-foot contour intervals, unless otherwise specified, showing the existing and proposed re-grading of the land and the location of natural features such as streams, wetlands, rock out-crops and trees measuring five (5) inches or more in diameter signed and sealed by a register land surveyor and/or registered professional engineer.

c.

Land within the one hundred-year floodplain.

d.

Slopes of fifteen (15) percent or greater.

e.

Location of proposed uses and height of all buildings.

f.

Location of all parking and truck loading areas with access and egress drives thereto.

g.

Location of all outdoor storage.

h.

Location and type of all recreational facilities.

i.

Location of all existing or proposed site improvements (including storm drains, culverts, retaining walls, fences, and decks).

j.

Location and species of all landscaping.

k.

Location, design and type of lighting facilities.

l.

Location, size and type of all signs.

m.

Location, size and type of all stormwater management facilities.

n.

A computation of the total area of the lot; the building floor area for each type of proposed use; the building coverage and green space.

o.

A computation of the parking requirements and spaces to be provided.

p.

Existing structures, drives, parking areas, landscaping and other similar existing physical features to be removed are to be shown as such.

q.

Location and identification of uses, access points, zoning and other similar information of the properties, lots, tracts, or parcels adjacent and adjoining the proposed site plan.

r.

Location and design of all structures relating to refuse storage, disposal, and holding, including, but not limited to, trash enclosures, dumpster locations, grease and other traps relating to restaurants, with specific details for the type of enclosure, fencing, and gate details for each facility. These facilities must be designed and located in such a manner that vehicles servicing them must be reviewed by the Department of Public Works, and serviced at such a time as to not conflict with the operations of the business they serve, as well as adjoining businesses, if located within an integrated complex. Enclosures, unless otherwise noted, should be built of brick or masonry material, and the gates to such an enclosures, at a minimum, should be slatted or contain solid material so as to obscure the view of the interior.

s.

Site plans must also comply with the provisions of section 20-29.7, review procedures; adequate public facilities of the Subdivision Regulations concerning the adequacy of public facilities regardless of whether subdivision approval is required.

(7)

Where deemed appropriate, the Planning Commission or its designee may require additional information or waive specific requirements of this section due to particular site-specific considerations.

(d)

No application for building or use and occupancy permit shall be accepted by the Building Official, unless all of the information required on the forms and accompanying plans has been furnished by the applicant.

(Ord. No. 1987, 10-25-2021)

(a)

The use and occupancy permit shall be issued only upon a finding that the use proposed in the application will not:

(1)

Affect adversely the health, safety, or welfare of persons residing or working in the neighborhood of the proposed use.

(2)

Be detrimental to or adversely affect the public health, safety, and welfare, or be injurious to property or improvements in the neighborhood or unimproved land in development of the neighborhood.

(3)

Constitute a violation of any provision of this article or City Code.

(b)

The Planning Commission, Board of Appeals, Director of the Department of the Fire Marshal and Permit Services, or the Director of the Department of Economic and Community Development may attach such conditions to the approval of the use and occupancy permit as deemed reasonable and necessary to assure that the proposed use will be consistent with the purpose and intent of this article.

(1)

Any conditions as may be attached by the Director of the Department of the Fire Marshal and Permit Services, or Director of the Department of Economic and Community Development or any approval, or denial of a use and occupancy permit by the Director of the Department of the Fire Marshal and Permit Services, or Director of the Department of Economic and Community Department for reasons other than violation of provisions of this chapter may be appealed to the Planning Commission. Use and occupancy permit appeals shall be made on forms provided therefore, and be accompanied by such fee as determined by the Mayor and City Council.

(c)

No substantial deviation from the plans so approved nor the use as stated in conjunction therewith shall be permitted without the approval of the Planning Commission, the Director of the Department of the Fire Marshal and Permit Services, or the Director of the Department of Economic and Community Development. Any such deviation without approval shall serve automatically to revoke the use and occupancy permit and shall constitute a violation of these regulations.

Where the applicant can demonstrate that the delay in the issuance of a use and occupancy permit would result in peculiar and exceptional difficulties or undue hardship, the Director of the Fire Marshal and Permit Services or the Chairman of the Planning Commission may grant a temporary use or occupancy permit provided that:

(a)

An use and occupancy permit shall not be issued until the applicant has obtained approval of a use and occupancy permit application.

(b)

Each temporary use and occupancy permit shall be valid for a period of not more than sixty (60) days, except that the Director of the Department of the Fire Marshal and Permit Services or the Chairman of the Planning Commission may, at their discretion, renew the permit for a period of thirty (30) days. No further renewals shall be granted.

(c)

The applicant shall furnish with such application the necessary documents and information as provided for by this article and any other information as requested by the Director of the Department of the Fire Marshal and Permit Services, or their designee, or the Chairman of the Planning Commission, and accompanied by a fee for such temporary use and occupancy permit which shall be determined by the Mayor.

(d)

Such relief can be granted without impairment of the intent or purpose of this article.

(e)

Such a permit shall only be granted for permitted uses.

(Ord. No. 1987, 10-25-2021)

The Director of the Department of the Fire Marshal and Permit Services, or their designee, shall issue a use and occupancy permit upon a finding that:

The building or the proposed use of a building or land complies with all provisions of the laws and regulations of the City of Laurel.

(Ord. No. 1987, 10-25-2021)

No buildings, other structure, or land shall be used; nor shall any building, structure, or land be converted, wholly or in part, to any other use, except for the agricultural purposes, permitted under the provisions of this article, and except as provided in this article, until a use and occupancy permit, certifying compliance with these regulations, has been issued by the Chief Building Official.

Application for use and occupancy permits shall be filed on forms provided therefore at the Department of the Fire Marshal and Permit Services. The Building Official shall make an inspection of the property and shall issue a certificate of compliance and a use and occupancy permit if the building, structure, alteration, enlargement, conversion, change, and use of the building or structure and the use of the land conform with the approved plans for which a building or use and occupancy permit has been issued in accord with the provisions of this article.

(Ord. No. 1987, 10-25-2021)

(a)

A commercial use and occupancy permit may be suspended or revoked by the Director of the Department of the Fire Marshal and Permit Services, or their designee, if any premises that is the subject matter of three (3) or more calls for police service on three (3) different days within any ninety-day period resulting in:

(1)

A case report documenting illegal activity within the premises or premises parking lot; or

(2)

Enforcement action against any tenant or person associated with the premises for illegal activity occurring within the premises or premises parking lot.

(b)

Illegal activity means activities, behaviors or conduct in violation of any federal or state law defining a felony or misdemeanor, or municipal code.

(Ord. No. 1756, 1-28-2013; Ord. No. 1987, 10-25-2021)

Whenever, by any provision of this chapter, the performance of any act is prohibited, or whenever any regulation, dimension, or limitation is imposed on the use or change of use, or upon any land or on the erection or alteration of any structure or the use or change of use of such structure or on any use within such structure, a failure to comply with such provision of this chapter shall constitute a violation of this chapter, and is hereby declared to be a municipal infraction. The penalty for such violation shall be two hundred fifty dollars ($250.00) for any initial violation and two hundred dollars ($200.00) for any repeat violation and shall escalate to the maximum allowed by the Local Government Article of the Annotated Code of Maryland per violation. Each day on which a violation exists shall constitute a separate violation and a separate offense. The Director of the Fire Marshal and Permit Services, or their designee, shall be authorized to issue municipal infraction citations for such violation.

(Ord. No. 1987, 10-25-2021)

The Department of the Fire Marshal and Permit Services shall have the duty of enforcing all use and occupancy permit requirements to ensure continuing compliance with the zoning requirements of this article in all respects, including the sign provisions. The Department of Fire Marhsal and Permit Services shall also investigate individual complaints of alleged zoning violations from private sources. All complaints shall be submitted in writing to, and processed by, the Director of the Department of the Fire Marhshal and Permit Services or their designee.

(Ord. No. 1987, 10-25-2021)

(a)

Upon verification of a violation the Director of the Department of the Fire Marshal and Permit Services, or their designee, shall, in the case of a building, sign or structure under construction, alteration, or modification order the work to stop and shall post the building, sign or structure with a "stop-work" order on the form provided therefore. The owner, lessee or builder, or any of them, shall be given formal written notice of the "stop-work" order; and no work shall proceed thereafter except to correct the violation and to continue in full compliance with the provisions of this article. If there is no immediate termination of work as directed in the order and if applicable corrective action has not been undertaken and completed within the time specified in the order, the Director of the Department of the Fire Marshal and Permit Services, or their designee, shall initiate proceedings against the violator according to procedures in Subsections (b) and (c) of this section.

(b)

Upon verification of a use or maintenance of a building, sign, structure or land in violation of this article, or failure to obtain a use and occupancy permit, the Director of the Department of the Fire Marshal and Permit Services, or their designee, shall serve a notice and order, on the form provided therefore, upon the owner and tenant, if any, of the building, sign, structure or land directing that the violation shall cease if within the period of time specified in such notice and order, the use violation has not ceased, the Director of the Department of the Fire Marshal and Permit Services, or their designee, shall initiate appropriate proceedings against the violator. If personal service of such notice and order is not feasible, then the posting of such notice and order on such building, sign, structure or land and the mailing of such notice and order by first-class mail, postage prepaid, to such person specified above shall constitute service thereof.

(c)

The owner of any building, sign, structure, or land or part thereof where anything in violation of this chapter shall be constructed, placed or shall exist, or be maintained; and any builder or contractor who may be employed to assist in the Commission of any such violation; and all persons who shall violate or maintain a violation of any of the provisions of this chapter, or who shall fail to comply therewith, or with any order issued therewith, or with any order issued thereunder; or who shall build in violation of any detailed statement of plans submitted and approved thereunder, shall for each violation or noncompliance be guilty of a municipal infraction. The penalty for such violation shall be two hundred fifty dollars ($250.00) and shall escalate to the maximum allowed by the Local Government Article of the Annotated Code of Maryland per violation. Each day on which a violation exists shall constitute a separate violation and a separate offense. The Director of the Department of the Fire Marshal and Permit Services, or their designee, shall be authorized to issue municipal infraction citations for such violation. The application of any penalty upon conviction shall not preclude the enforced removal or abatement of prohibited conditions or use through appropriate proceedings in an appropriate court of competent jurisdiction.

(d)

If such an act or omission is of a continuing nature or is persisted in, each and every day during which such an act or omission continues, or is persisted in shall be deemed a separate violation.

(Ord. No. 1987, 10-25-2021)

Upon application by a violator, the Board of Appeals may, when deemed reasonable because of unusual conditions, grant additional time to correct or to cease a violation; provided, that upon application of extension of a grace period the notice provisions of Division 4, Board of Appeals of this article shall not apply, and the only notice required is written notice to the Director of the Department of the Fire Marshal and Permit Services, and written notice to any and all persons who have made written or oral complaints concerning the violation for which a grace period has been granted.

(Ord. No. 1987, 10-25-2021)

Every verified violation of this chapter shall subject the violator to prosecution for such violation, notwithstanding any stop-work order or other remedy or recourse available because of such violation.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, maintained, or used, or any building, structure, or land is used in violation of this article, the City may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building or structure to require removal of such building or structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. The imposition of any penalty hereunder shall not preclude the City from instituting appropriate action or proceedings to require compliance with the provisions of this article and with administrative orders and determinations made hereunder.