New Windsor City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 215-90 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 as provided.
§ 215-91 Zoning certificates; site plan requirements.
A.
Zoning certificate required. It is unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving, alteration or change of use of any land or buildings, including accessory buildings, in whole or in part, until the Zoning Administrator has issued a zoning certificate for such work.
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, 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. Where no buildings are involved, the location of the current use and/or proposed use on the lot shall be shown. The application and/or plan shall include such other information as may reasonably be required by the Zoning Administrator to determine conformance with and to provide for the enforcement of this chapter. This section is applicable to the construction of signs.
(2)
The Zoning Administrator shall approve the issuance of a zoning certificate only if the application complies with the provisions of this chapter, and provided that such zoning certificate shall be conditioned where necessary on the approval of all reviewing agencies and the Planning Commission, and provided the application is accompanied by the required fee. If the proposed excavation or construction, as set forth in the application, is not in conformity with the provisions of this chapter and other ordinances of the Town of New Windsor, the Zoning Administrator shall refuse to issue a zoning certificate, and state such refusal in writing, with the cause. A record of applications, plats and action shall be maintained in the Office of the Zoning Administrator. If a zoning certificate is issued, such approval and issuance does not sanction variance from the terms of this chapter and shall not be construed as waiving any of those terms.
C.
Site plan required.
(1)
A site plan must accompany applications for specific uses in lieu of the plat required above.
(2)
A site plan shall be required for the following uses (Where subdivision regulations apply, site plan and preliminary subdivision plat submitted as one plat meeting both sets of requirements.):
(a)
Conservation/public use: any permitted structure;
(b)
Conditional uses in the various districts as may be required by the Board of Appeals.
(c)
Residential districts: common open space development, multifamily dwellings, and conditional uses as may be required by the Board of Appeals.
(d)
VC, EC, LI, NB Districts.
D.
Site plan requirements.
(1)
A site plan shall have the same format as the preliminary plat as required by Chapter 120, Subdivision of Land, and be subject to the same guaranty of improvements for all on-site improvements as required by this chapter.
(2)
The following information shall be provided by the site plan:
(a)
Site location;
(b)
Dimensions of the lot to be built upon;
(c)
Size, height and location of the structure(s) to be erected;
(d)
Nature of materials to be used on structure's exterior;
(e)
Parking: location, surface material and road network;
(f)
Water and sewer: on-site location and alignment;
(g)
Storm drainage facilities;
(h)
Sidewalks;
(i)
Landscaping plan;
(j)
Signs: location, size, height and design of all signs;
(k)
Recreational facilities;
(l)
Garbage collection points.
E.
Site plan approval. Site plan approval may be granted by the Planning Commission. The site plan shall be submitted at least 30 days prior to the meeting at which it is to be considered.
F.
Zoning certificate may become void. A zoning certificate shall become void one year from the date of issuance if the construction or use for which the zoning certificate has been issued has not been started.
G.
Zoning certificate fee schedule. To partially defray the expense of administering this chapter, a fee shall be paid to the Town of New Windsor, Maryland, before any zoning certificate is issued in accordance with the schedule established by resolution of the Town Council.
§ 215-92 Remedies; violations and penalties.
A.
If the Zoning Administrator shall find any of the provisions of this chapter being violated, the Zoning Administrator shall notify in writing, by first class mail, the owner or the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Proof of mailing shall be sufficient evidence that the notice was delivered, and notice shall be deemed delivered upon the expiration of five days from the date the notice was mailed. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or 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.
B.
The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist or the lessee or tenant of an entire building or entire premises in or upon which a 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 violation or who maintains any building or premises in or upon which such violation shall exist shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $100. Each and every day that such violation continues may constitute a separate offense.
C.
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 New Windsor, 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 to prevent the occupancy of said building, structure or land.