Princess Anne City Zoning Code
ARTICLE III
Administration and Enforcement
§ 163-10 Zoning certificates.
A.
It shall be unlawful to begin the excavation, erection, construction, reconstruction, extension, conversion or structural alteration of any building or use without first obtaining a zoning certificate therefor from the Code Enforcement Officer.
B.
The applicant for a zoning certificate shall file a written application with the Code Enforcement Officer and, in addition, shall submit a plan showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part, and the exact location of any use, and dimensions of a building or structure to be erected or altered.
§ 163-11 Occupancy certificates.
It shall be unlawful for any property owner or owners to use or permit the use of their property without first obtaining an occupancy certificate from the Code Enforcement Officer. Such certificate shall show that the property and the proposed use thereof are in conformity with the provisions of this chapter.
§ 163-12 Revocation of certificates.
All zoning certificates and certificates of occupancy shall be revocable, subject to continued compliance with all requirements and conditions of this chapter.
§ 163-13 Fees.
A.
A filing fee shall accompany each application for a zoning certificate and, in cases where no zoning certificate is required, a fee shall accompany each application for an occupancy certificate.
B.
The Town shall establish a schedule of fees, charges and expenses and a collection procedure for applications for zoning appeal cases, zoning and map amendments, permits, site plans, sign permits and other matters pertaining to this Zoning chapter. Such schedule shall be available at the Town office. The President and Town Commissioners may amend the fee schedule by resolution.
C.
These fees may include the cost of the consulting services of an independent engineer, architect, attorney, landscape architect, land planner or similar service as may be used to assist the Town in the review of proposed development and improvement plans.
D.
Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal pertaining to this Zoning chapter.
§ 163-14 Site plan review and approval.
A.
Prior to issuing a zoning certificate or building permit for construction, expansion or change in use, a site plan and supporting documentation shall be submitted to the Planning and Zoning Commission for its review and approval.
B.
The purpose of site plans is to ensure detailed compliance with applicable provisions of enacted regulations and to prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only in accordance with all specifications contained on an approved site plan, and shall not be undertaken until the site plan is approved and all required construction permits have been obtained subsequent to such approval.
C.
Applicability. All development or land use activities within the Town shall require site plan review before being undertaken, except the following:
(1)
Construction or expansion of a single-family dwelling, two-family dwelling and ordinary accessory structures, and related land use activities.
(2)
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance or interior alterations to existing structures or uses.
(4)
Exterior alterations or additions to existing structures that the Code Enforcement Officer determines do not require a site plan.
(5)
Agricultural or gardening uses.
D.
Site plan applications shall include the information listed in Appendix A[1] for preliminary and final site plans. The Code Enforcement Officer may at his or her discretion waive any information or preliminary requirements which are not relevant to the proposed use and site.
[1]
Editor's Note: Appendix is included as an attachment to this chapter.
E.
The Planning and Zoning Commission's review of the preliminary site plan shall include, but is not limited to, the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access and circulation, including emergency vehicle access.
(2)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(3)
Location, arrangement, size and design of buildings, lighting and signs.
(4)
Relationship of the various uses to one another and their scale.
(5)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and noise buffer between adjacent uses and adjoining lands.
(6)
Adequacy of stormwater and sanitary waste disposal.
(7)
Adequacy of structures, roadways and landscaping in areas susceptible to flooding and ponding or erosion.
(8)
Compatibility of development with natural features of the site and with surrounding land uses.
(9)
Adequacy of floodproofing and flood prevention measures consistent with the flood hazard prevention regulations of the Federal Emergency Management Agency.
(10)
Adequacy of open space for play areas, informal recreation and the retention of natural areas such as wildlife habitats, wetlands and wooded areas.
(11)
Adequacy of pedestrian access.
F.
The Code Enforcement Officer may require additional information which appears necessary for a complete assessment of the project.
G.
Site plans shall be prepared and certified by an engineer, architect, landscape architect, or land surveyor duly registered to practice in the State of Maryland.
H.
Upon receipt, the Planning and Zoning Commission shall review the site plan, soliciting comments from other departments, agencies, and officials as may be appropriate.
I.
When all required plans and data have been received, and if the Planning and Zoning Commission finds that a proposed final plan is in accordance with and represents detailed expansion of the preliminary plan heretofore approved; is in conformance with the provisions of this chapter, the Building Code, and Subdivision Regulations; and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the Planning and Zoning Commission, the Planning and Zoning Commission shall approve such final plan within 30 days from the date of the meeting.
J.
Construction of required improvements.
(1)
Upon approval of a site plan, the applicant shall then secure the necessary construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the Planning and Zoning Commission or appropriate Town review and approval agencies.
(2)
The Town may require inspection of the resulting improvements after construction has been completed.
§ 163-15 Enforcement.
A.
It shall be the duty of the Code Enforcement Officer to administer and cause the enforcement of the provisions of this chapter in accordance with this article.
B.
A zoning or occupancy certificate shall not be issued for any use, building or purpose if the same would be in conflict with the provisions of this chapter.
§ 163-16 Violations and penalties.
A.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation or provision of this chapter or any amendment or supplement thereto or fail to comply with any reasonable requirement or condition imposed by the Town, Planning and Zoning Commission and/or Board of Appeals.