No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located.

(Ord. 182 § 2.2, 1976)

This title shall be administered by the zoning administrator. (Appeals from the decision of the zoning administrator may be taken to the board of appeals; see Chapter 17.44.)

(Ord. 182 § 3.0, 1976)

It is unlawful to commence the excavation for or the construction of any building, including accessory building, signs, swimming pools and fences, or to commence the moving, alteration, or change of use of any land or buildings, including accessory buildings, until the zoning administrator has issued a zoning certificate for such work.

(Ord. No. 23-03-01, § III, 4-10-2023; Ord. No. 15-02-01, § II, 2-9-2015; Ord. 182 § 3.1.1, 1976)

In applying to the zoning administrator for a zoning certificate, the applicant shall submit a plat in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a survey, size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this title. This section is applicable to the construction of signs.

If the proposed excavation, construction or use of property, as set forth in the application, is in conformity with the provisions of this title and other ordinances of the town, the zoning administrator shall issue a zoning certificate for such excavation, construction or use. If a zoning certificate is refused, the zoning administrator shall state such refusal in writing with the cause. The zoning administrator shall grant or deny the certificate within a reasonable time provided he or she has received comment from any agency involved or having jurisdiction with regard to such certificate. A record of applications, plats, and action shall be maintained in the office of the zoning administrator.

(Ord. 07-10-02 § 2, 2007: Ord. 182 § 3.1.2, 1976)

Issuing of a zoning certificate for construction or excavation not conforming to requirements of this title shall not be construed as waiving any provisions of this title.

(Ord. 182 § 3.1.3, 1976)

The work or project which is the subject of a zoning certificate must be completed in full in one year or restored to original condition; however, the zoning administrator may extend that one year period for an additional one year period.

(Ord. No. 15-02-01, § II, 2-9-2015; Ord. 182 § 3.1.4, 1976)

To partially defray the expense of administering the ordinance codified in this chapter, a fee shall be paid to the town before any zoning certificate is issued. The amount of the fees shall be as established, from time to time, by resolution of the burgess and commissioners.

(Ord. 00-04-04 § 1, 2000)

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare.

(Ord. 182 § 13.0, 1976)

A.

The burgess and commissioners may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of district, regulations or restrictions herein established.

B.

A public hearing shall be held by the burgess and commissioners before adoption of any proposed amendment, supplement or change. Public notice of the time and place of such hearing, together with a summary of the proposed regulation, restriction or boundary, shall be published in at least one newspaper of general circulation in the town once each week for two successive weeks. The first such publication of notice shall appear at least fourteen (14) days prior to the hearing. A complete record of the hearing and the votes of all members of the burgess and commissioners shall be kept.

C.

In order to partially defray the expense of a zoning change public hearing, the person or parties petitioning for a zoning change shall pay to the town a fee, the amount of which fee shall be established, from time to time, by resolution of the burgess and commissioners. No part of such fee shall be refunded for failure of such amendment to be enacted into law.

(Ord. 00-04-04 § 5, 2000)

A.

An amendment to Title 17 "Zoning" of the Middletown Municipal Code shall be considered or acted upon by the burgess and commissioners. The burgess and commissioners may seek the review and comment to the proposed amendment by the planning commission prior to any vote by the burgess and commissioners.

B.

1.

Where the purpose and effect of the proposed map amendment is to change the zoning classification, the burgess and commissioners shall make findings of fact in each specific case that address:

i.

Population change;

ii.

The availability of public facilities;

iii.

Present and future transportation patterns;

iv.

Compatibility with existing and proposed development for the area;

v.

The recommendation of the planning commission to be based on the relationship of the proposed amendment to the town comprehensive plan.

2.

The burgess and commissioners may grant the amendment to change the zoning classification based on a finding that there was:

i.

A substantial change in the character of the neighborhood where the property is located; or

ii.

A mistake in the existing zoning classification.

3.

The burgess and commissioners shall keep a complete record of a hearing on an application for reclassification and the votes of the members of the burgess and commissioners.

C.

The burgess and commissioners may not allow the filing of an application for a reclassification of all or part of any land for which a reclassification has been denied by the burgess and commissioners on the merits in the twelve (12) months before the date of the application.

(Ord. No. 15-09-01, § I, 9-28-2015; Ord. No. 15-02-01, § II, 2-9-2015; Ord. 07-10-02 § 3, 2007; Ord. 182 §§ 11.1.1—11.1.3, 1976)

A.

Pursuant to Local Government Article, Sections 6-101 et seq. of the Annotated Code of Maryland, any violation of any of the provisions of this title is a municipal infraction. If, after investigation, a municipal infraction is believed to have been committed, the zoning administrator or his or her authorized agent shall be authorized to serve a citation or a warning to the property owner and other person or persons committing the infraction. The citation or warning shall be served in accordance with the provisions of Section 6-103 of the Local Government Article Annotated Code of Maryland.

B.

The citation or warning, as provided for in this section, shall be in writing and shall contain the following:

1.

The name and address of the person charged (or warned);

2.

The nature of the violation;

3.

The location of the violation;

4.

The date(s) and time(s) of the violation;

5.

The amount of the fine assessed (or possible of assessment);

6.

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

7.

The person's right to stand trial for the violation (if applicable);

8.

A certification by the zoning administrator or his or her authorized agent attesting to the truth of the matters set forth or that the citation is based upon an affidavit; and

9.

The effect of failing to pay the assessed fine or demand a trial within the prescribed time.

C.

Whenever an alleged or possible municipal infraction comes to the attention of the zoning administrator, the procedure to be followed is:

1.

That the zoning administrator will investigate whether an infraction has occurred;

2.

That, if the zoning administrator reasonably believes that an infraction has occurred, he or she will issue a warning to the person or persons responsible in the form and manner as outlined in this section, with a reasonable time stated to abate or to prevent future infractions;

3.

That, if the infraction continues or is allowed to occur after the reasonable time stated, the zoning administrator may issue a citation to the person or persons responsible in the form and manner as outlined in this section. Notwithstanding the provisions of subsection (C)(2) of this section, the zoning administrator may issue a citation without the prior issue of a warning.

D.

A fine not to exceed one thousand dollars ($1,000.00) may be imposed upon any person committing a municipal infraction. Each day such violation is permitted to exist shall be considered a separate infraction. All fines shall be payable to the town within twenty (20) calendar days of the service of the citation.

E.

A person who receives a citation may elect to stand trial for the offense by filing with the zoning administrator a notice in writing of his or her intention to stand trial. The notice shall be given at least five (5) days before the date of payment as set forth in the citation. On receipt of the notice of intention to stand trial, the zoning administrator shall forward to the District Court of Maryland for Frederick County, a copy of the citation and the notice of intention to stand trial. On receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties or forfeitures collected by the district court for the municipal infraction shall be remitted to the town.

F.

If a person who receives a citation for an infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, the person is liable for the assessed fine. In that event, the person is liable for two times the amount of the fine, not to exceed one thousand dollars ($1,000.00) per infraction and the town may request adjudication of the case through the district court including the filing of a demand for judgment on affidavit. The district court shall schedule the case for trial and summon the defendant to appear and shall proceed in accordance with Section 6-106 of the Local Government Article, Annotated Code of Maryland.

G.

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

H.

In a proceeding before the district court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Title 6 of the Local Government Article of the Annotated Code of Maryland, and the town shall be entitled to any relief authorized thereby. The town attorney is authorized to prosecute all municipal infractions under this section.

I.

If a person is found by the district court to have committed a municipal infraction, he or she shall be liable for the costs of the proceedings in the district court.

J.

Depending on the circumstances of each case and after consultation with the town attorney, the zoning administrator has the discretionary authority to reduce or suspend all or a portion of the fine payable through his or her office.

K.

Nothing contained in this section shall prohibit or prevent the zoning administrator, or anyone else, from seeking other legal remedies, such as injunction, criminal prosecution, or damages in a civil action pursuant to Title 11 of the Land Use Article, Annotated Code of Maryland as amended. The enforcement procedures and provisions set forth in this section apply only to zoning and related violations of this title and are independent of the enforcement procedures provided for municipal infractions under Title 1 of this Code.

L.

References made in this section to provisions of the Annotated Code of Maryland shall pertain to such provisions as they may be amended from time to time.

(Ord. No. 15-02-01, § II, 2-9-2015; Ord. No. 11-03-02, § I, 3-28-2011; Ord. 182 § 3.2, 1976)