Smithsburg City Zoning Code
ARTICLE I
General Provisions
§ 405-1 Title.
This chapter shall be known and may be cited as the "Smithsburg Zoning Ordinance."
§ 405-2 Purpose.
The purpose of this chapter is to promote the public health, safety, morals or the general welfare of the present and future inhabitants of Smithsburg by:
A.
Giving reasonable consideration, among other things, to the character of districts and their suitability for particular uses.
B.
Encouraging orderly development and the most appropriate use of lands.
C.
Conserving the value of land and buildings.
D.
Promoting the conservation of natural resources.
E.
Preventing environmental pollution.
F.
Promoting health and the general welfare.
G.
Avoiding undue concentration of population.
H.
Providing for adequate light and air.
I.
Securing safety from fire, panic and other dangers.
J.
Lessening congestion in the roads and streets.
K.
Facilitating the adequate provision of transportation, parking, water, sewerage, parks and other public facilities.
L.
Giving effect to the policies and proposals of the Comprehensive Development Plan for the Town of Smithsburg, Maryland.
§ 405-3 Interpretation.
In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for promoting the public health, morals, safety, comfort, convenience and general welfare, except that when the provisions imposed by any statute, other ordinance, rule, regulations or permit or by any easement, covenant, or agreement are more restrictive than the provisions of this chapter, the provisions of such statute, other ordinance, rule, regulations, permit, easement, covenant or agreement shall prevail.
§ 405-4 Issuance of permits and licenses; repealer.
A.
All departments, officials and public employees of the Town of Smithsburg vested with the duty or authority to issue permits or licenses shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter.
B.
Previous ordinances, resolutions, rules and regulations adopted by the Mayor and Town Council of Smithsburg are hereby repealed to the extent that they conflict with or impose less restrictive standards than the provisions of this chapter.
§ 405-5 Severability.
It is hereby declared to be the legislative intent that the provisions of this chapter are separable, whereby:
A.
If a court of competent jurisdiction declares any provision of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the provision expressly stated in the court's decision, and all other provisions of this chapter shall continue to be separately and fully effective, the Mayor and Town Council hereby declaring that it would have adopted the remaining provisions without the word, phrase, clause, item, sentence, paragraph or section, or the application thereof, so declared invalid.
B.
If a court of competent jurisdiction finds the application of any provision of this chapter to any lot, building or other structure or tract of land to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the court's decision, and the application of any such provision to other persons, properties or situations shall not be affected thereby.