Mount Airy City Zoning Code
ARTICLE III
Enforcement and Penalties
§ 112-20 Zoning Administration.
This chapter shall be administered by the Zoning Administrator. (Appeals from the decision of the Zoning Administrator may be taken to the Board of Appeals; see Article VIII).
§ 112-21 Zoning certificate.
[Amended 7-1-2002 by Ord. No. 2002-6; 12-4-2006 by Ord. No. 2006-20]
A.
Zoning certificate required. It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving, alteration, or change of use of any land or buildings, including accessory buildings or structures, until the Zoning Administrator has issued a zoning certificate for such work. Building permits as required under a Building Code may still be required before construction can begin.
B.
Issuance of a zoning certificate.
(1)
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, the 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 chapter. This section is applicable to the construction of signs also.
(2)
If the proposed excavation, construction or use, as set forth in the application, is in conformity with the provisions of this chapter and other ordinances of the Town of Mount Airy, 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 10 days of the date of application, provided he has received comment from any agency involved or having jurisdiction with regard to said certificate. A record of applications, plats, and action shall be maintained in the office of the Zoning Administrator.
C.
Zoning Administrator not to waive ordinance requirements. The issuance of a zoning certificate for construction, use or excavation not conforming to requirements of this chapter shall not be construed as waiving any ordinance requirements and shall not be a valid permit until all requirements are complied with, except as follows regarding residential property only:
(1)
The Zoning Administrator may grant a waiver for up to 10% of any requirement for which a variance would be authorized on residential property, following the same standards as would be applied by the Board of Appeals, and conditioned on written consent by all adjoining property owners, obtained by the applicant on a form to be supplied by the Town.
(2)
If written consent of all adjoining property owners is not obtained by the applicant, the applicant may file a request with the Zoning Administrator for a waiver of up to 10% of any requirement for which a variance would be authorized on residential property. The Town shall have the right to impose a reasonable filing fee for the waiver request not to exceed $50. The Zoning Administrator shall make a preliminary determination on the waiver following the same standards as would be applied by the Board of Appeals. If the determination is to grant the waiver, the Town must provide written notice to all adjoining property owners, informing them of the proposed waiver and of their right to contest the waiver within 30 days. If within 30 days after notice is sent to adjoining property owners no objection is received, the waiver decision shall become final. If an objection from one or more adjoining property owners is received within 30 days after notice is sent, the waiver shall not become effective and the applicant may file a request for a variance with the Board of Appeals.
(3)
If a waiver under this section is denied, the applicant may file a request for a variance with the Board of Appeals.
D.
Zoning certificate may be outdated. A zoning certificate shall become void two years from date of its issuance. The zoning certificate activity must be completed in full in two years or restored to original condition; however, the Board of Appeals may grant a one-year extension of the zoning certificate after the two-year limitation expires.
E.
Zoning certificate fee schedule. To partially defray the expense of administering this chapter, a fee equal to 1/2 of the amount of the building permit fee, with a minimum fee of $15, shall be paid to the Town of Mount Airy, Maryland, before any zoning certificate is issued. When a building permit is not required, a fee of $15 shall be paid to the Town of Mount Airy, Maryland.
§ 112-22 Remedies and violations and penalties; costs of enforcement.
[Amended 6-4-2012 by Ord. No. 2012-7]
A.
The owner or agent of a building or premises in or upon which a violation of any provision of this chapter or of an approved special exception, variance or site plan for such building or premises has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which such violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any such violation which shall exist, shall be guilty of a municipal infraction and the amount of the infraction fine assessed therefor shall be $100; provided that each day a violation continues shall constitute a separate offense and commencing with the second day that such violation continues the infraction fine assessed therefor shall be $200 per day.
B.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the appropriate authorities of the Town of Mount Airy, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
C.
Hearings.
(1)
If the Board of Appeals receives written notice from the Mayor, Zoning Administrator or Town Planner that any terms, conditions or restrictions of an approved site plan, special exception or variance, or that any terms, conditions or restrictions attached to the grant of any permits issued under this chapter are not being complied with, the Board may order the permit, special exception, or variance holder and/or property owner to appear before the Board of Appeals at a date, time and place specified to show cause why the approval of the site plan, special exception, variance, or permit should not be revoked, suspended, modified or reaffirmed, or its terms and conditions amended, added to, deleted or modified.
(2)
Not later than 15 days after the close of the record of the proceedings or the hearing itself, whichever is later, the Board must determine the issues presented.
(a)
If the Board finds that any terms, conditions or restrictions of an approved site plan, special exception or variance, or any terms, conditions or restrictions attached to the grant of any permits have been violated in a manner that may have an impact on adjacent property owners or the surrounding area, the Board may revoke or suspend the prior approval of the site plan, special exception, variance or permit with or without conditions for reinstatement, or reaffirm the approval of the site plan, special exception, variance or permit. Violations which have no impact on the building, site plan or surrounding area shall not be subject to Subsection C(2)(a) but may be considered under Subsection C(2)(b).
(b)
If the Board finds that any terms, conditions or restrictions of an approved site plan, special exception, variance, or permits have been violated in any way, the Board may reaffirm the approval of the site plan, special exception, variance or permit, or amend, add to, delete, or modify the existing terms and conditions of such site plan, special exception, variance or permit.
D.
The owner of a building or premises, or agent thereof, shall reimburse the Town its reasonable attorneys’ fees and costs incurred to successfully enforce, by means of issuance of municipal infractions, injunction, mandamus, or other appropriate action or proceeding to include any hearing, whether requested by the Town or the owner or his agent, before the Board of Appeals as set forth in Subsection C above, the provisions of this chapter and/or to remedy any violation of this chapter, an approved special exception, variance or site plan for such building or premises, including through litigation.