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Walkersville City Zoning Code

ARTICLE III

Administration and Enforcement

§ 88-17 Administration.

A. 
This chapter shall be administered by the Zoning Administrator. The Zoning Administrator shall be appointed by the Town. The Town may designate an individual or public agency to act in the capacity of Zoning Administrator.
B. 
Appeals from the decision of the Zoning Administrator may be taken to the Board of Appeals (see Article IX).

§ 88-18 Zoning certificates.

A. 
Zoning certificate required. It shall be 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, 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, the 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. This subsection is also applicable to the construction of signs.
(2) 
If the proposed excavation or construction, as set forth in the application, is in conformity with the provisions of this chapter and other ordinances of the Town of Walkersville, the Zoning Administrator shall issue a zoning certificate for such excavation or construction. If a zoning certificate is refused, the Zoning Administrator shall state such refusal in writing, with the cause, and he shall grant or deny the certificate within 10 days of the date of application, provided that he has received comment from any agency involved or having jurisdiction with regard to said certificate. A record of plats and action shall be maintained in the office of the Zoning Administrator.
(3) 
Whenever townhouses, apartments, or multifamily developments are to be constructed or an institutional, commercial or industrial establishment is to be constructed, a site plan of the intended development ("site plan") shall be submitted to the Planning Commission requesting approval by it. No zoning certificate and building permit will be issued, and no structure or use will be established except in conformity with a site plan unconditionally approved by the Planning Commission. The Planning Commission shall either approve, approve subject to specific changes, modifications or conditions, disapprove or continue the site plan for a specified period of time. After a site plan has been approved and construction of the development has been completed, in accordance with the site plan, a change in use for the property subject to the site plan and/or a change in the approved improvement plans or in the site plan (other than minor remodeling or changing of permitted signs as determined by the Zoning Administrator) will require another site plan review and approval by the Planning Commission. Approval of a site plan submitted under the provisions of this article shall expire one year after the date of such approval unless visible, substantial and progressive construction activities toward completion of the structure for the use approved by the site plan (beyond excavation, grading and/or utilities installation) have begun as determined by the Planning Commission. If the Planning Commission conditionally approves a site plan subject to changes, modifications or conditions, said changes, modifications or conditions must be completed, satisfied and resubmitted to the Planning Commission in sufficient time for the site plan to be reviewed by the Zoning Administrator for verification of the completion and satisfaction of such changes, modifications, and/or conditions and to be signed by the Planning Commission Chairman within 60 days of the Planning Commission meeting when it received conditional approval or the conditional approval is no longer valid and the site plan must be resubmitted to the Planning Commission as a new submission.
[Added 4-25-2001 by Ord. No. 2001-4]
(a) 
Procedures for processing.
[1] 
Each application involving site plan review shall be submitted with the zoning certificate and building permit application to the Zoning Administrator, who will route copies of the application to the Planning Commission and other reviewing agencies.
[Amended 8-10-2023 by Ord. No. 2023-03]
[2] 
The site plan shall be submitted 30 days prior to a regularly scheduled Planning Commission meeting.
(b) 
The following information is required:
[1] 
Map of applicant's entire holding at a convenient scale.
[2] 
A vicinity map at a scale of one inch equals 1,200 feet or more to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within 2,000 feet of the applicant's property.
[3] 
Topographic map of the property at a minimum of five-foot intervals, showing existing and proposed regrading surface of the land and the location of natural features such as streams, rock outcrops and wooded areas.
[4] 
A site plan showing all existing and proposed improvements, including location, proposed use and height of all buildings, location of all parking and truck loading areas with access and egress drives thereto; location of any outdoor storage; location and type of any recreation facilities; proposed grading, landscaping, screening plans, description of proposed method to provide buffer areas and landscaping where required; location and design of outdoor lighting facilities; location, size and type of all signs; and the location, size and type of all proposed stormwater management facilities.
[5] 
Computation of the total areas of the lot, the building floor area for each type of proposed use, the building coverage and roads and parking.
[6] 
Commercial, industrial, and manufacturing uses will designate:
[a] 
The specific uses proposed and the number of employees for which the buildings are designed.
[b] 
The type of power to be used for any manufacturing process.
[c] 
Types of wastes or by-products to be produced by any process and proposed method of disposal of such wastes or by-products.
[d] 
Such other information as may be required by the Planning Commission to determine the impact of a particular use on adjoining properties.
[7] 
Site plans may be prepared and submitted by an applicant. It may be required that such information, if found deficient or in error, be resubmitted over the certification of an engineer, architect, landscape architect, land surveyor or other certified professional. The Burgess and Commissioners shall adopt a schedule of fees for review and processing of site plan applications.
[Amended 8-10-2023 by Ord. No. 2023-03]
[8] 
Site plans will be prepared to a scale of not smaller than one inch equals 100 feet, unless approved by the Zoning Administrator; the sheet or sheets shall be no less than 18 inches by 24 inches nor more than 24 inches by 36 inches, including a 1.5-inch margin for binding along the left edge. A site plan may be prepared on one or more sheets, in which case, match lines and an index sheet shall be provided.
[9] 
In addition, the site plan shall conform to all specifications and requirements of the respective zoning district and of Article IV, Design Standards, and Article V, Improvements, of the Walkersville Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 71, Subdivision of Land, Arts. IV and V.
[10] 
Site plans for land partially or entirely within a Wellhead Protection Area shall be subject to and shall comply and conform with Chapter 85A, as well as the other requirements of this chapter and the Town Code.
[Amended 8-10-2023 by Ord. No. 2023-03]
C. 
Zoning Administrator not to waive chapter requirements. The issuance of a zoning certificate for construction or excavation not conforming to the requirements of this chapter shall not be construed as waiving any provisions of this chapter.
D. 
Zoning certificate may be outdated. A zoning certificate shall become void one year (365 1/4 days) from the date of its issuance unless the project is more than 25% completed, as determined by the Zoning Administrator.
E. 
Zoning certificate fee schedule. The Burgess and Commissioners shall adopt a schedule of fees for review and administration of zoning certificates.
[Amended 8-22-2007 by Ord. No. 2007-06]

§ 88-19 Violations and penalties.

A. 
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 as provided in the Charter of the Town of Walkersville[1]. Each and every day that such violation continues may constitute a separate offense.
[Amended 9-27-1978 by Ord. No. 101]
[1]
Editor's Note: See Charter, § C15-4.
B. 
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 Walkersville may institute injunction, mandamus or other appropriate action or proceeding, in addition to other remedies, to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of said building, structure or land.
C. 
Municipal zoning infractions.
[Added 6-22-1983]
(1) 
In addition to the penalties and remedies provided in Subsections A and B above, any violation of any provisions of this zoning chapter may, by the nature and circumstances of such violation, be determined to be a municipal zoning infraction. If, after investigation, the zoning violation is determined to be, by its nature and the circumstances of said violation, a civil violation and not a misdemeanor, the Zoning Administrator or her authorized agent shall deliver a citation or warning to the property owner and other person or persons responsible for said violation. If such person or persons are unable to be located after a reasonable effort has been made, the Zoning Administrator or her authorized agent may post the citation or warning in a conspicuous place on the property and mail a copy of the same, postage prepaid, to such person or persons, which shall be sufficient for delivery under this subsection. The citation as provided for in this subsection shall be in writing and contain the following:
(a) 
The name and address of the person or persons charged.
(b) 
The nature of the infraction.
(c) 
The location and time that the infraction occurred.
(d) 
The amount of the infraction fine assessed.
(e) 
The manner, location and time in which the fine may be paid.
(f) 
The person's right to elect to stand trial for the infraction.
(g) 
A certification by the Zoning Administrator or his authorized agent attesting to the truth of the matters set forth.
(2) 
Whenever an alleged or possible municipal zoning infraction is brought to the attention of the Zoning Administrator, the Zoning Administrator shall:
(a) 
Investigate said infraction to determine, by the nature and circumstances of said infraction, whether it is a misdemeanor or a civil violation. In making this determination, the Zoning Administrator may consider the magnitude of the violation, the hazard to persons or property caused by such violation, the period during which such violation has existed, the manner in which such violation occurred and such other circumstances deemed relevant to such determination.
(b) 
If the infraction is determined to be a civil violation, he may issue a letter warning to the person or persons responsible to violation, setting forth a certain time when the violation is to be corrected or abated, and with a warning that if not so complied with, a citation may be issued.
(c) 
If, after a warning, the violation continues, or if a warning is deemed to be inappropriate, the Zoning Administrator shall issue a citation to the person or persons responsible for said violation in the manner as set forth in this subsection.
(3) 
A fine of $100 is hereby imposed upon each person responsible for a municipal zoning infraction. Each day such violation is permitted to exist shall be considered a separate infraction, except that where a warning has been issued, the penalty shall commence from the date when the violation was to be corrected or abated, the day following such date being the first day of which a fine is imposed. All fines shall be payable to the Town of Walkersville.
(4) 
Any person receiving a citation may elect to stand trial for the violation by filing with the Zoning Administrator a notice of intention to stand trial, said notice must be given at least five days prior to the date when payment must be made as set forth in the citation. Upon receipt of said notice of intention to stand trial, the Zoning Administrator shall forward to the Clerk of the District Court for Frederick County, Maryland, a copy of the citation and the notice of intention to stand trial. Upon receipt of said citation, the Clerk shall schedule said case for trial, notifying the defendant and the Zoning Administrator of the trial date. All fines, penalties or forfeitures collected by the District Court in such cases shall be remitted to the Town of Walkersville.
(5) 
If any person cited for a violation fails to pay the fine by the date of payment set forth in the citation and fails to file a notice of his intention to stand trial for the offense, a formal notice of the violation will be mailed, postage prepaid, to the person's last known address. If the citation has not been paid within 15 days from the date of the notice, the person shall be liable for an additional fine of $100 for each infraction, for a total fine of $200 per infraction. If the citation has not been satisfied within 35 days from the date thereof, the Zoning Administrator may request adjudication of the case through the District Court. The District Court shall thereupon schedule the case for trial and summon the defendant to appear. A failure to respond to such summons shall be contempt of court.
(6) 
Adjudication of a violation under this subsection is not a criminal conviction and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(7) 
In a proceeding before the District Court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions contained in § 6-102 et seq. of the Local Government Article of the Annotated Code of Maryland, as amended; however, the Attorney for the Town of Walkersville is hereby authorized to prosecute violations under this subsection.
[Amended 8-10-2023 by Ord. No. 2023-03]
(8) 
Any person found to have committed a violation by the District Court shall be liable for all costs of such proceedings.
(9) 
The Zoning Administrator, after consultation with the attorney for the Town of Walkersville and the designated Commissioner of the Town of Walkersville, shall have discretionary authority to reduce or suspend all or any portion of any fine payable for any violation.
(10) 
The Burgess and Commissioners of Walkersville hereby empower the Walkersville Zoning Administrator to administer and enforce the provisions of this subsection.
[Amended 2-27-2002 by Ord. No. 2002-02]
(11) 
Nothing contained in this subsection shall prohibit or prevent the Zoning Administrator, the Commissioners of Walkersville or any person from seeking other lawful remedies, such as injunctive relief, criminal prosecution or damages, in a civil action pursuant to §§ 11-101 to 11-103 of the Land Use Article of the Annotated Code, as amended.
[Amended 8-10-2023 by Ord. No. 2023-03]