Preston City Zoning Code
ARTICLE III
Administration and Enforcement
§ 210-9 Zoning Inspector.
The position of Town Zoning Inspector is hereby established. The Town Zoning Inspector and/or Codes Administrator shall administer and enforce this chapter. If the Zoning Inspector shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation, and order the action necessary to correct it. He shall order or seek an injunction to cause the discontinuance of illegal use of land, buildings, or structures, or removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, or discontinuance of any illegal work or activity being done, or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
§ 210-10 Building permits.
No building or other structure shall be erected, placed, moved to another location on-site, added to, or structurally altered without a permit therefor issued by the Planning Commission except as provided for in § 210-24M. No building permit shall be issued except in conformance with the provisions of this chapter, unless the Planning Commission receives a written order from the Appeals Board in the form of an administrative review or variance as provided by this chapter.
A.
Application process. Application for building permits shall be made to the Town Manager and shall be accompanied by plans in triplicate showing the actual dimensions and shape of the parcel to be built upon; the exact size and locations on the parcel of buildings already existing, if any; and the location and dimensions of the proposed building or structure, or information as lawfully may be required by the Planning Commission, including information on existing or proposed construction or alteration; existing or proposed uses of buildings, structures, or land; the number of families, housekeeping units, or rental units which the building or buildings are designed to accommodate; and natural features existing, to determine conformance with, and provide for the enforcement of, this chapter. Applications shall be reviewed by the Planning Commission or person or persons designated by the Planning Commission, after which one copy of the application and one copy of the plans shall be returned to the applicant by the Planning Commission after such copy shall have been marked "Approved" or "Disapproved" and attested to the same by the signature of the Chairman of the Planning Commission or person designated by the Planning Commission to review applications for building permits.
B.
Expiration of building permits. If the work described in any building permit has not begun within one year from the date of issuance thereof, said permit shall expire. If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire, and further work as described in the cancelled permit shall not proceed unless a new building permit has been obtained. The Planning and Zoning Commission and/or the Commissioners may grant one extension in writing. The extension requested must be in writing and a justifiable cause must be demonstrated.
C.
Construction and use to be as provided in plans and applications. Building permits issued on the basis of plans and applications approved by the Planning Commission authorize only the use, arrangement, and construction set forth in such plans and applications and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided in § 210-19 hereof.
D.
Applications for building permits. All applications for building permits shall be made by the owner of the land on which construction is to take place or his agent.
E.
Multiple dwellings on one lot. Whenever an additional dwelling unit is to be erected or placed on the same tract, lot, or parcel of land where a dwelling unit already exists, or when two or more dwellings are to be erected or placed on the same tract, lot, or parcel of land where the tract, lot, or parcel of land is not being considered under Chapter 175, Subdivision of Land, the Planning Commission shall consider the space between buildings, land area involved, street frontage and the like and shall approve only such applications as would not be expected to prevent subdivision at a later date. The Planning Commission may require minor subdivision or subdivision approval before approving multiple dwellings.
(1)
Not more than three dwellings units may be erected on any one tract, lot, or parcel of land without the creation of a minor subdivision or subdivision.
(2)
Single-family apartments/residences may be permitted over business or commercial buildings if approved by the Planning and Zoning Commission and/or the Town Commissioners.
F.
Guarantee of compliance. The approval of a building permit shall not in itself guarantee compliance with or in any way exempt the applicant from the provisions of this chapter. Building permits issued contrary to the provisions of this chapter for any reason shall become null and void.
§ 210-11 Fees and charges.
A.
Schedule of fees. The Town Commissioners shall establish a schedule of fees, charges, and expenses and a payment procedure for building permits, appeals, applications for zoning amendments, floating zone and PUD applications, special exceptions and variances, and other matters arising pursuant to this chapter.[1] Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any application or appeal.
B.
Fees to cover Town's expenses. Fees, charges and expenses payable to the Town in connection with any proposed project or application may include the cost of employing consulting services of an independent engineer, architect, landscape architect, planner, attorney or similar professional to assist the Town in the review of development and improvement plans and evaluation of potential development impacts.
§ 210-12 Planning Commission members and meetings.
A.
Appointment. The Town Commissioners of Preston shall appoint five persons to serve as the Planning Commission. Each member shall be appointed to a five-year term, except that four of the original members will be appointed to shorter terms such that one member's term will expire each year. Appointments will be made the first Monday of each May. The Town Commissioners shall appoint only persons with American citizenship who are registered voters living in the zoning area controlled by the Town of Preston. The appointment of members shall be without regard to sex, race, age, or national origin. The Town Commissioners may appoint one of its members to serve on the Planning Commission but may not appoint a quorum of its members to serve on the Planning Commission.
B.
Chairman; meetings. The Planning Commission shall elect by majority vote one of its members to serve as Chairman of the Planning Commission one year with eligibility for reelection. The Commission shall hold at least one regular meeting each month.
§ 210-13 Planning Commission records.
The Planning Commission shall file with the Town Manager copies of all Commission proceedings, including minutes of Commission meetings and hearings and permits issued. The records of the Planning Commission shall be available for public inspection at the office of the Town Manager during posted office hours. Requests for copies of Commission records must be submitted to the Town Manager and must be accompanied by payment of such fees as may be established by the Planning Commission.
§ 210-14 Board of Zoning Appeals.
A.
Establishment and composition. A Board of Zoning Appeals is hereby established which shall consist of three members to be appointed by the Town Commissioners, each member for a term of office of three years. Members of the Board of Zoning Appeals may be removed from office by the Town Commissioners for cause upon written charges after public hearing. Vacancies shall be filled by the Town Commissioners for the unexpired term of any member whose term becomes vacant. The Town Commissioners shall designate one alternate member for the Board of Zoning Appeals who shall be empowered to sit on the Board in the absence of any member of the Board, and when the alternate is absent, the Town Commissioners may designate a temporary alternate.
B.
Proceedings of the Board of Zoning Appeals. The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board shall be open to the public. The Board of Zoning Appeals shall keep minutes of its proceedings, showing the absence, abstention or vote of each member upon each question, and shall keep records of its examinations and official actions, all of which shall be a public record and be immediately filed in the office of the Town Manager.
C.
Powers of the Board of Zoning Appeals. The Board shall have the following procedures:
(1)
Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Inspector or Planning Commission in the enforcement or administration of this chapter.
(2)
Interpretation of district boundaries on Official Zoning Map. To determine, consistent with the provisions of § 210-22B, the boundaries of zoning districts.
(3)
Special exceptions. To hear and decide only such special exceptions as the Board of Zoning Appeals is specifically authorized to pass on according to the provisions of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter or to deny special exceptions when not in harmony with the purpose and intent of this chapter. The Board shall make a finding that it is empowered under this chapter to grant the special exception described in the application and that the granting of the special exception will not adversely affect the public health, safety, security, morals, or general welfare, or result in dangerous traffic conditions, or jeopardize the lives or property of the people living in the neighborhood. Before the Board decides any application for special exception it shall consider the following, where applicable:
(a)
The most appropriate use of land, buildings, and structures in accordance with the Comprehensive Plan.
(b)
Ingress and egress to property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
(c)
Utilities, with reference to location, availability, and adequacy.
(d)
Possible economic, noise, glare or odor effects of the special exception which might adversely affect adjoining properties or properties generally in the district.
(e)
Before granting a special exception for multiple uses on the same conforming lot or valid nonconforming lot, the Board must also find that the proposed uses are compatible with one another.
(4)
Variances.
(a)
To authorize upon application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted unless and until the applicant has demonstrated that:
[1]
Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
[2]
Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
[3]
The special conditions or circumstances do not result from actions of the applicant.
[4]
Granting the variance requested will not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(b)
In granting any variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and shall be punishable under the provisions of § 210-19.
(c)
Under no circumstances shall the Board of Zoning Appeals grant a variance to allow a use not permissible under the terms of this chapter in the district involved.
(5)
Board has powers of Zoning Inspector and Planning Commission on appeals. In exercising the above-mentioned powers the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this chapter, reverse, affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the power of the Zoning Inspector and Planning Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Decisions of the Board. All decisions or actions of the Board shall be taken by resolution, in which at least two members present must cast concurring votes. Each resolution shall contain a statement of the grounds and findings forming the bases for such action or decision, and the full text of said resolution shall be incorporated into the transcript of the meeting.
E.
Who may file an appeal or application.
(1)
Appeals and applications to the Board may be filed by any persons:
(a)
Allegedly aggrieved by any order, requirement, decision, or determination of the Zoning Inspector or Planning Commission;
(b)
Desirous of obtaining an interpretation of a district boundary consistent with the provisions of§ 210-22B;
(c)
Desirous of obtaining the grant of a special exception; or
(d)
Desirous of obtaining a grant for variance from the terms of this chapter.
(2)
Appeals to the Board of Zoning Appeals concerning the interpretation, enforcement or administration of this chapter by the Zoning Inspector or the Planning Commission shall be taken within 30 days from the date the decision appealed from was made in writing by filing with the Town Manager (with a copy to the entity appealed from) a notice of appeal specifying the grounds thereof and payment of such appeal fee as the Town Commissioners may determine by resolution from time to time.
(3)
Such appeals or applications shall be acted upon within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the Board. The applicant shall pay the Town Manager for expenses incidental to the appeal. In the case of an appeal, the Zoning Inspector and/or Planning Commission shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
F.
Hearing notice.
(1)
The Board of Zoning Appeals shall fix a reasonable time for the hearing of applications, interpretation of district boundaries, and appeals. At least 14 days before the date of the hearing, the Board shall send notices of the time and place of such hearing to the applicant or appellant, the Planning Commission, and to the owners of properties located within 200 feet of the property affected, as shown on the maps of the Department of Assessments and Taxation on the date the notices are mailed.
(2)
Notice of the time and place of the public 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 jurisdiction once each week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing. The Board shall cause the site affected to be posted for at least 10 days prior to the hearing with the time, place, and nature of the hearing. The Board shall decide all applications and appeals within a reasonable time. Upon the hearing any party may appear in person, by agent, or by attorney.
G.
Calendar of the Board. Appeals and applications filed in proper form and accompanied by the required fee shall be numbered serially, docketed, and placed upon the calendar of the Board. The calendar shall be posted continuously in a conspicuous location in the Town office, and the Board shall ensure that a copy of the most current calendar is provided to the Planning Commission.
H.
Advice of the Planning Commission. Before deciding any application for special exception or variance, the Board of Zoning Appeals shall seek the advice of the Planning Commission in reference to such applications. The advice of the Planning Commission shall concern itself with the impact of the variance or special exception upon the Board of Zoning Appeals. The Board may request from the Planning Commission such technical service, data, or factual evidence as will further assist the Board in reaching decisions.
I.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board of Zoning Appeals that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such cases proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector, and on due cause as shown.
J.
Repeated applications. If an application or appeal is disapproved by the Board of Zoning Appeals, thereafter the Board shall not be required to consider another application for substantially the same proposal on the same premises until after one year from the date of such disapproval. If an appeal to the Board is properly filed and the public hearing advertised, and thereafter the applicant withdraws that application or appeal, he shall be precluded from filing another application or appeal for substantially the same proposal on the same premises for six months.
K.
Limitation of authority of the Board. The Board shall not amend or cause changes to the Official Zoning Map, nor shall such authority be vested in the Board.
[Amended 11-5-2018 by Ord. No. 11-222018]
L.
Procedure for applications to the Board.
[Amended 11-5-2018 by Ord. No. 11-222018]
(1)
The applicant shall present the following documents to the Board of Appeals (additional documents may be requested by Planning and Zoning and/or the Board of Appeals):
(2)
Procedure for Board of Appeals meetings:
(a)
State the date and those present.
(b)
Planning and Zoning to present their findings and recommendations.
(c)
Owner or agent to present the reasons for the variance; must be in writing.
(d)
Opponents have an opportunity to testify.
(e)
Final decision by the Board of Appeals must be in writing.
(f)
Written minutes of the meeting must be taken and turned over to the Commissioners.
§ 210-15 Appeal to Circuit Court.
Any person or persons who have standing to do so may seek review of a decision of the Board of Zoning Appeals by the Circuit Court for Caroline County in the manner provided by the Maryland Annotated Code.
§ 210-16 Amendments.
A.
Provisions for amendment. The provisions, regulations, restrictions, classifications, and boundaries set forth in this chapter may from to time be amended, supplanted, modified, or repealed by the Town Commissioners. The reclassification of any property and the relocation of zoning district boundaries shall be deemed an amendment to this chapter and subject to the provisions of this section.
B.
Who may initiate amendments. An amendment or other change to this chapter may be initiated by motion, resolution or proposed ordinance amendment of the Town Commissioners, motion of the Planning Commission, or petition of any property owner or contract purchaser of property [regarding land owned or under contract by the petitioner(s)] to the Town Commissioners, containing the proposed text or map associated with any proposed amendment. The Town Commissioners shall have no obligation to introduce an ordinance or amendment. The decision whether to introduce or enact any amendment to this chapter is a matter of the legislative discretion of the Town Commissioners, subject only to the requirements of state and federal law.
C.
Procedure for amendment.
(1)
Upon request of a petitioner for a zoning amendment, the Preston Town Commissioners may permit a pre-application work session or conference to discuss generally any proposed amendment. Any proposed amendment or other change shall be referred by the Town Commissioners to the Planning Commission for an investigation and recommendation before any formal action by the Town Commissioners. The Planning Commission shall cause such investigation to be made as it deems necessary, and for this purpose may require the submission of pertinent information by any person concerned, and may hold such public hearings as are provided by its own rules.
(2)
The Planning Commission shall submit its recommendation and pertinent supporting information to the Town Commissioners within 60 days after receiving completed submissions from the applicant, unless an extension of time is agreed to by the applicant.
(3)
After receiving the recommendation of the Planning Commission concerning any proposed amendment or other change to this chapter, and before voting upon the proposed amendment, the Town Commissioners shall hold a public hearing in reference thereto in order that parties of interest and citizens shall have an opportunity to be heard. The Town Commissioners shall give public notice of such hearing by causing the time, place, and subject of such hearing to be published in a newspaper of general circulation in the Town.
(4)
Notice of the time and place of the public hearing, together with a summary of the proposed regulations, restrictions and boundaries, shall be published in at least one newspaper of general circulation once each week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing. The applicant shall be responsible for the payment of all advertising or readvertising expenses.
(5)
A complete record of the hearing and the votes of all members of the Town Commissioners in deciding all questions relating to the proposed amendment shall be kept.
D.
Site visit. Before the Town Commissioners shall vote upon any proposed amendment for the reclassification of land, a visit to the site in question shall be made by each Commissioner in order to inspect the physical features of the property and to determine the character of the surrounding area.
E.
Findings for reclassification.
(1)
Where the purpose and effect of the proposed amendment is a reclassification of a particular parcel(s) of property, the Town Commissioners shall make findings of fact in each specific case, including, but not limited to, the following matters: anticipated population change, availability of public facilities to serve the property, present and future transportation patterns, compatibility with existing and proposed development, and compatibility with the Comprehensive Plan. The Town Commissioners shall receive and consider the recommendation of the Planning Commission. The Town Commissioners may grant the reclassification based upon a specific determination and factually supported finding that there has been a substantial change in the character of the area where the property is located or that there is a mistake in the existing zoning classification. The change or mistake standard does not apply to regional or comprehensive rezoning map amendments or to floating zone amendments pursuant to Subsection E(2) below.
(2)
The procedure for Zoning Map amendments that locate floating zones shall be as set forth in § 210-31 of this chapter. Concurrently with the location of a floating zone, the Town Commissioners may approve a PUD plan which, in addition to the provisions of the applicable floating zone, shall govern the subdivision and/or development of the property subject to the particular floating zone. In approving a floating zone map amendment, the Town Commissioners shall make findings of fact, including, but not limited to, the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, and the relationship of the proposed amendment to the Comprehensive Plan. The Town Commissioners shall receive and consider the recommendations of the Planning Commission. The Town Commissioners may approve a floating zone map amendment if they find that the proposed floating zone amendment:
F.
Application for reclassification. Every application for a reclassification shall be accompanied by a plat drawn to scale showing the existing and proposed boundaries and such other information as may be needed in order to locate and plot the amendment on the Official Zoning Map. Applications for floating zone amendments also shall include the specific information as outlined in § 210-31 of this chapter.
G.
Filing fee for reclassification. A filing fee, in an amount which shall be determined by the Town Commissioners, shall be charged for processing an application for reclassification.
H.
Repeated application for reclassification. No application for reclassification shall be accepted for filing by the Town Commissioners if the application is for the reclassification of the whole or any part of land for which reclassification has been denied within 12 months from the date of the Town Commissioners' decision.
I.
Changing of Official Zoning Map. It shall be the duty of the Zoning Inspector to cause an updated Official Zoning Map to be prepared promptly after the adoption of any amendments, in order that said map shall always be an up-to-date public record of the zoning districts in the Town.
§ 210-17 Questions of interpretation and enforcement; duties of Town Commissioners.
A.
It is the intent of this chapter that all questions of interpretation and enforcement shall be presented to the Zoning Inspector, or to the Planning Commission in which case the Planning Commission shall present the question to the Zoning Inspector along with any recommendations, and that such questions shall be presented to the Board of Zoning Appeals from the decision of the Zoning Inspector and that recourse from the decisions of the Board of Zoning Appeals shall be to the courts.
B.
It is further the intent of this chapter that the duties of the Town Commissioners in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this chapter the Town Commissioners shall have only the duties of:
§ 210-18 Complaints regarding violations.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Town Manager. The Zoning Inspector shall then record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.
§ 210-19 Violations and penalties.
A.
Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. Each and every day such violation occurs shall be considered a separate offense.
B.
The owner or tenant of any building, structure, premises, or part thereof and any architect, building contractor, agent, or other person who commits, participates in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
C.
Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter.