Saint Michaels City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 340-119 Zoning Inspector.
A.
Administration and enforcement; zoning certificates, building permits, and occupancy permits. There is hereby established the office of Zoning Inspector. The Zoning Inspector shall be appointed by the President of the Town Commissioners and confirmed by a majority vote of the Town Commissioners.
B.
It shall be the duty of the Zoning Inspector to administer and enforce the provisions of this chapter. Such duties shall include:
(1)
Receive and review all applications for zoning certificate permits.
(2)
Approve/disapprove such applications based on compliance or noncompliance with the provisions of this chapter and plans, and issues certificates when there is compliance.
(3)
Suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously based on incorrect information supplied by the applicant or his agent and violates any of the provisions of any of the ordinances or regulations of the Town.
(4)
Inspect suspected violations of this chapter and, if appropriate, order the violator in writing of required actions to correct any violation, and inform the violator in writing of rights to appeal a decision.
(5)
Conduct field inspections and investigations.
(6)
Processes applications to assist the Planning Commission in formulating recommendations.
(7)
Notify the applicant, in writing, of any decision of the Planning Commission and implements the decisions of the Planning Commission.
(8)
Receive all applications for appeals, variances, or other matters which the Board of Zoning Appeals is required to decide.
(9)
Prepare such applications for appeals, variances, special exceptions, or other matters to the Board of Zoning Appeals and refers them with recommendations to the Board of Zoning Appeals.
(10)
Receive and process all applications for amendments to the Zoning Ordinance and/or Official Zoning Map, and otherwise processes the applications and prepares recommendations to the Planning Commission.
(11)
Maintain a map or maps showing the current zoning classifications of all land in the Town.
(12)
Maintain written records of all actions taken by the Zoning Inspector.
(13)
Meet with the Planning Commission upon request.
(14)
Provide forms necessary for the various applications to the Zoning Inspector, Planning Commission, or Board of Zoning Appeals as is required by this chapter and be responsible for the information necessary on such forms for the effective administration of this chapter, subject to the general policies of the Planning Commission and Board of Zoning Appeals.
C.
All departments, officials, and public employees of the Town, which are vested with the authority to issue permits or licenses, shall conform to the provisions of this chapter. They shall not issue any permit or license for any use, building, structure, or purpose which would conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.
D.
If the Zoning Inspector finds that any of the provisions of this chapter are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Inspector shall order the discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or additions, alterations, or structural changes thereto. The Zoning Inspector shall order the discontinuance of any illegal work being done or may take any other action authorized by this chapter to ensure compliance with or to prevent violations of its provisions.
§ 340-120 Administrative enforcement, critical area.
A.
Regulated activities and applicability. The Zoning Inspector shall review a permit or license for a development or redevelopment activity in the critical area for compliance with this chapter before issuance of that permit or license.
B.
Town, county, and state development projects.
(1)
Applicability. For all development in the critical area resulting from any Town, county, or state agency, the Town shall adhere to COMAR 27.02.02, COMAR 27.02.04, and COMAR 27.02.06.
(2)
Procedures. The sponsoring agency of any development project within the Town's critical area shall work with the Zoning Inspector to identify the appropriate procedures for determining compliance with this article.
(a)
If the project meets the provisions of this article and is locally significant, the Zoning Inspector shall prepare a consistency report and submit a copy of the report with relevant plans and information about the project to the Critical Area Commission per the requirements of COMAR 27.02.02.
(b)
If the project does not meet the provisions of this article, the Zoning Inspector shall seek a conditional approval by the Critical Area Commission per the requirements of COMAR 27.02.06.
(c)
The Town shall submit information as required in the Critical Area Commission's Local Project Submittal Instructions and Application Checklist.
(3)
New major development by the Town or a state or county agency shall, to the extent practicable, be located outside the critical area. If the siting of the development in the critical area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the critical area, the Zoning Inspector shall request approval from the Critical Area Commission and provide the following information:
(a)
Findings and supporting documentation showing the extent to which the project or development is consistent with the provisions and requirements of this article; and
(b)
An evaluation of the effects of the project on the Town's critical area.
(4)
Notice requirements for projects reviewed and approved by the Critical Area Commission. Public notice is required for all development projects that qualify under COMAR 27.03.01.03. Public notice shall be the responsibility of the Town, state or county agency proposing the project and the agency shall as part of its submittal to the Critical Area Commission, provide evidence that:
(a)
Public notice was published for one business day in a newspaper of general circulation in the geographic area where the proposed development would occur, including the following information:
[1]
The identity of the sponsoring Town, state or county agency;
[2]
A description of the proposed development;
[3]
The street address of the affected land and a statement that its location is in the critical area; and
[4]
The name and contact information of the person within the sponsoring Town, state or county agency designated to receive public comment, including a fax number and e-mail address, and the deadline for receipt of public comment.
(b)
At least 14 days were provided for public comment; and
(c)
The property proposed for development was posted per the provisions for posting in Subection B(7).
(5)
In addition to the public notice required in Subection B(4)(a), the Town may provide for public notice by electronic posting on its website, on the website of a newspaper of general circulation in the geographic area where the proposed development would occur, or by notification to a neighborhood association or residents of a particular geographic area.
(6)
Evidence of public notice to be submitted to the Commission shall include the following documentation:
(a)
The name of the newspaper and the date on which the notice was published;
(b)
A copy of the public notice as it was published in the newspaper; and
(c)
A copy of each written comment received in response to the public notice.
(7)
Posting requirements for projects reviewed and approved by the Critical Area Commission. For projects that qualify for public notice, the sponsoring agency shall ensure that a sign is posted on the property. The posting shall meet the following requirements:
(a)
Shall consist of at least one sign that is a minimum of 30 inches by 40 inches in size;
(b)
The sign clearly:
[1]
Identifies the sponsoring agency;
[2]
Describes the proposed development;
[3]
Provides the street address of the affected land and states that it is in the critical area; and
[4]
States the name and contact information of the person within the sponsoring agency designated to receive public comment, including a fax number and e-mail address, and the deadline for receipt of public comment.
(c)
On a date not later than the date on which the notice is published in the newspaper, the sign shall be posted in a conspicuous location on the development site and remain there until after the Critical Area Commission has voted on the development; and
(d)
For development that extends more than 1,000 linear feet in road frontage, at least one sign shall be posted at each end of the affected land on which the development is proposed.
C.
Notification of project approval. The Town shall send copies of applications for all subdivisions and site plans wholly or partially within the critical area as specified in COMAR 27.03.01.04 to the Critical Area Commission for review and comment.
(1)
The application shall be accompanied by a completed "Project Notification Application" form downloaded from the Critical Area Commission's website.
(2)
The Town may not process an application that has been sent to the Critical Area Commission for notification until it has received notice of receipt by the Critical Area Commission or the passage of five business days, whichever comes first.
(3)
Any action by the Town in violation of these procedures shall be void.
D.
Responsible agencies. All applicable provisions of this chapter shall be implemented and enforced by the Zoning Inspector.
(1)
Should an infraction of the provisions contained in any law, regulation, or plan related to this chapter be brought to the attention of any Town official said official shall contact the Zoning Inspector.
E.
Consistency. The critical area provisions of this chapter, in accordance with the Critical Area Law and Critical Area Regulations,[1] supersede any inconsistent law, chapter, or plan of the Town Code. In the case of conflicting provisions, the stricter provisions shall apply.
[1]
Editor's Note: See Title 8, Subtitle 18 of the Natural Resources Article of the Annotated Code of Maryland and COMAR Title 27, respectively.
F.
Violations.
(1)
No person shall violate any provision of this article. Each violation that occurs and each calendar day that a violation continues shall be a separate offense.
(2)
Each person who violates a provision of this article shall be subject to separate administrative, civil penalties, abatement and restoration orders, and mitigation for each offense.
(3)
Noncompliance with any permit or order issued by the Town related to the critical area shall be a violation of this article and shall be enforced as provided herein.
G.
Responsible persons. The following persons may each be held jointly or individually responsible for a violation:
(1)
Persons who apply for or obtain any permit or approval;
(2)
Contractors;
(3)
Subcontractors;
(4)
Property owners;
(5)
Managing agents; or
(6)
Any person who has committed, assisted or participated in the violation.
H.
Required enforcement action. In the case of violations of this article, the Town shall take enforcement action, including:
(1)
Assess administrative, civil penalties as necessary to cover the costs associated with performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, reviewing mitigation plans, and ensuring compliance with these plans;
(2)
Issue abatement, restoration, and mitigation orders as necessary to:
(a)
Stop unauthorized activity;
(b)
Restore and stabilize the site to its condition before the violation, or to a condition that provides the same water quality and habitat benefits; and
(c)
Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.
I.
Right to enter the property. Except as otherwise authorized and per the procedures specified herein, the Town Commissioners or their designee may obtain access to and enter a property, to identify or verify a suspected violation, restrain a development activity, or issue a citation if the Town has probable cause to believe that a violation of this chapter has occurred, is occurring, or will occur. The Town shall make a reasonable effort to contact a property owner before obtaining access to or entering the property. If entry is denied, the Town may seek an injunction to enter the property to pursue an enforcement action.
J.
Administrative civil penalties. In addition to any other penalty applicable under state or Town law, every violation of a provision of the Critical Area Law or the critical area provisions of this chapter shall be punishable by a civil penalty of up to $10,000 per calendar day.
(1)
Before imposing any civil penalty, the person(s) believed to have violated this chapter shall receive: 1) written notice of the alleged violation(s), including which, if any, are continuing violations; and 2) an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, the Town shall consider:
(a)
The gravity of the violation;
(b)
The presence or absence of good faith of the violator;
(c)
Any willfulness or negligence involved in the violation, including a history of prior violations;
(d)
The environmental impact of the violation; and
(e)
The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the Town for performing, supervising, or rendering assistance to the restoration and mitigation.
(2)
Administrative, civil penalties for continuing violations shall accrue for each violation, every day, each violation continues, with no requirements for additional assessments, notice, or hearings for each separate offense. The total amount payable for continuing violations shall be the amount assessed per day for each violation multiplied by the number of days that each violation has continued.
(3)
The person responsible for any continuing violation shall promptly provide the Town with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for Town inspection to verify compliance. Administrative, civil penalties for continuing violations continue to accrue as set forth herein until the Town receives such written notice and verifies compliance by inspection or otherwise.
(4)
Assessment and payment of administrative, civil penalties shall be in addition to and not in substitution for payment to the Town for all damages, costs, and other expenses caused by the violation.
(5)
Payment of all administrative, civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this chapter.
K.
Cumulative remedies. The remedies available to Town under this chapter are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude the pursuit of others.
L.
Injunctive relief. The Town is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this chapter, an administrative order, a permit, a decision, or other imposed conditions.
(1)
The pendency of an appeal to the Board of Zoning Appeals or subsequent judicial review shall not prevent the Town from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review.
M.
Variances pursuant to a violation. The Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle or any provisions of an order, permit, plan, or this chapter in accordance with the variance provisions of this chapter. However, the application shall not be reviewed, nor shall a final decision be made until all fines, abatement, restoration, and mitigation measures have been implemented and inspected by the Town.
N.
Permits pursuant to a violation. The Town may not issue any permit, approval, variance, or special exception, unless the person seeking the permit has:
(1)
Fully paid all administrative, civil, or criminal penalties as set forth in Section J above;
(2)
Prepared a restoration or mitigation plan, approved by the Town, to abate impacts to water quality or natural resources due to the violation;
(3)
Performed the abatement measures in the approved plan in accordance with the Town regulations; and
(4)
Unless an extension of time is approved by the Town because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed.
O.
Appeals. Any person aggrieved by any order may file an appeal to the Board of Zoning Appeals, requirement, decision, or determination by the Town in connection with the administration and enforcement of this chapter as provided in § 340-131.
§ 340-121 Required permits.
A.
Zoning certificate. No building or other structure shall be erected, moved, added to, demolished, or structurally altered, or land used or use of land changed without a zoning certificate therefor, issued by the Zoning Inspector. No zoning certificate shall be issued except in conformity with the provisions of this chapter, except after written order from the Board of Zoning Appeals.
B.
Building permit. No person shall construct, cause to be constructed, or modify any structure within the Town except as provided in Chapter 108, Building Construction, of the Town Code.
C.
In addition to a zoning certificate, the following permits may be required by the Zoning Inspector:
(1)
Applications Approved by the Board of Zoning Appeals. The Zoning Inspector shall issue permits in conformance with the written authorization of the Board of Zoning Appeals concerning administrative review appeals, special exception permit appeals, dimensional variance appeals, or other appeals as authorized in this zoning chapter.
(2)
Sign permits. No sign shall be created, erected, moved, added to, or structurally altered, nor shall any of said activities be commenced without a sign permit as provided in § 340-160.
(3)
Subdivision plats. If the permit involves the subdivision of land, an approved subdivision plat shall be required, as provided in Chapter 290, Subdivision of Land, of the Town Code.
(4)
Site plans. Site plans for enlargement or expansion of structures involving multifamily, commercial, industrial, or multiple uses as provided in Chapter 110, Site Plan Review, of the Town Code.
§ 340-122 Plans required.
A.
All applications for zoning certificates shall be accompanied by site plans in duplicate, drawn to scale, showing:
(1)
The actual dimensions and shape of the lot to be built upon (e.g., plot plan, boundary survey);
(2)
The exact sizes and locations on a lot of buildings already existing, if any; and
(3)
The location and dimensions of the proposed construction or alteration, including setbacks from property lines.
B.
The application shall include such other information as lawfully may be required by the Zoning Inspector, including:
(1)
Existing or proposed building or alteration;
(2)
Existing or proposed uses of the building and land;
(3)
The number of families, housekeeping units, or rental units the building is designed to accommodate;
(4)
Conditions existing on the lot; and
(5)
Such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.
C.
One copy of the plans shall be returned to the applicant by the Zoning Inspector after he/she shall have marked such copy either as approved or disapproved and attested to the same by his/her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Inspector.
§ 340-123 Other approvals for certain commercial, industrial, and residential uses.
Before any building permit for a commercial structure, industrial structure, apartment house or multiple-family dwellings shall be issued, approval of the application for such a permit shall have been obtained from the County Department of Public Works (sewer), the State Fire Marshall, and the Town Engineer (water). There must be a second approval from these agencies before an occupancy permit is issued.
§ 340-124 Publication of permits.
All zoning permits and building permits issued shall be promptly published once in a newspaper of general circulation in the Town. The time for taking an appeal from the issuance of such a permit shall not begin to run until the date of such publication. For purposes of determining the appeal period for an issued permit, the date of the decision shall be the date on which the notice of issuance is published.
§ 340-125 Zoning occupancy permits for new, altered, or nonconforming uses.
A.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a zoning occupancy permit shall have been issued therefor by the Zoning Inspector. The permit shall state that the proposed use of the building or land conforms to the requirements of this chapter and Chapter 108, Building Construction, of the Town Code.
B.
No nonconforming structure or use shall be maintained, renewed, changed, or extended until the Zoning Inspector shall have issued a zoning occupancy permit. The zoning occupancy permit shall state specifically wherein the nonconforming use differs from the provisions of this chapter. Upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall have three months to apply for zoning occupancy permits. Failure to make such an application within three months shall be presumptive evidence that the property was conforming at the time of enactment or amendment of this chapter.
C.
No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a zoning occupancy permit. The permit shall be issued in conformity with the provisions of this chapter and Chapter 108, Building Construction, the Town Code upon completion of the work.
D.
The Zoning Inspector may issue a temporary occupancy permit for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.
E.
The Zoning Inspector shall maintain a record of all zoning occupancy permits, and copies shall be furnished upon request to any person.
F.
Failure to obtain a zoning occupancy permit shall be a violation of this chapter and punishable under § 340-212 of this chapter.
§ 340-126 Expiration of zoning certificate.
A.
If the work described in any zoning certificate has not begun within one year from the date of issuance thereof, said certificate shall expire. The Zoning Inspector shall cancel the certificate, and written notice thereof shall be given to the persons affected.
B.
If the work described in any zoning certificate has not been substantially completed within two years of the date of issuance, unless work is satisfactorily proceeding thereon, said permit shall expire and be canceled by the Zoning Inspector. Written notice thereof shall be given to the persons affected, together with a notice that further work as described in the canceled certificate shall not proceed unless and until a new zoning certificate has been obtained.
§ 340-127 Limit on authorization implied from the issuance of certificates and permits.
Zoning certificates or zoning occupancy permits issued based on site plans and applications approved by the Zoning Inspector authorize only the use, arrangement, and construction outlined in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction differing from that authorized shall be deemed a violation of this chapter, and punishable as provided by § 340-212 of this chapter.
