§ 27-253. Use and occupancy permits.

(a)

None of the following activities shall take place unless a use and occupancy permit certifying compliance with this Subtitle has been issued for the activity by the Building Inspector:

(1)

Use of a building, structure, or land;

(2)

Conversion of a building, structure, or land from one use to another use;

(3)

Medical practitioner's, insurance sales, and real estate sales offices;

(4)

Conversion of a one-family detached dwelling to include additional dwelling units (by Special Exception).

(b)

Use and occupancy permits shall not be required for the following:

(1)

One-family dwelling (other than a new one-family dwelling) used for a single family;

(2)

Agricultural uses;

(3)

Accessory uses (except where a specific use is allowed as accessory to another use, provided that a "Tourist Home" as an "Accessory Use" to a "Dwelling" shall not require a use and occupancy permit); or

(4)

Home occupations for which no permit is specifically required, unless requested by the applicant.

(c)

All use of the property shall be in conformance with the use and occupancy permit, including the accompanying plans.

(d)

When an occupant vacates premises, and a different occupant assumes possession of such premises, the new occupant is required to obtain a use and occupancy permit, regardless of whether the use has changed.

(e)

No use and occupancy permit shall be issued by the Department of Permitting, Inspections, and Enforcement until after the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the permit, unless the right of appeal has been waived; nor shall any permit be issued during the pendency of any appeal to, or review by, the District Council.

(f)

The Chief of Police and the Fire Chief are authorized to direct the Police Department and the Fire/Emergency Medical Services Department respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a use and occupancy permit when a use and occupancy permit has not been issued.

(g)

The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement are authorized to direct the Police Department, the Fire/Emergency Medical Services Department, and the Department of Permitting, Inspections, and Enforcement, respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a use and occupancy permit when a use and occupancy permit has been issued and is not in compliance with the provisions of this Section and all applicable use and occupancy provisions of the Zoning Ordinance.

(h)

The Chief of Police and the Fire Chief are authorized to direct the Police Department and the Fire/Emergency Medical Services Department respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a use and occupancy permit when the activity is found to present an imminent danger and threat to the health, safety, and welfare of the public by not doing so, that there are no other mitigating actions to be taken to resolve the imminent danger and threat to the health, safety, and welfare of the public, and that there are no other reasonable means of preventing further danger and threat to the health, safety, and welfare of the public resulting from the continuation of the activity.

(i)

Immediate reasonable and necessary action shall include, but not be limited to: entering the building, structure, and land; securing the building, structure, and land; removing the occupants of the building, structure, and land; padlocking the building, structure, and land; and preventing the use and occupancy of the building, structure, and land.

(j)

Actions taken pursuant to Sections 27-253(f), (g), and (h) shall remain in force and effect unless amended or vacated by a decision of the Zoning Hearing Examiner in accordance with Section 27-264.01(g) or by a decision of a court of competent jurisdiction.

(CB-50-1984; CB-33-1985; CB-58-1986; CB-87-1988; CB-84-1990; CB-63-1992; CB-1-1993; CB-47-1996; CB-11-2004; CB-31-2006; CB-46-2010; CB-29-2014; CB-10-2018)

Editor's note

Section 4 of CB-10-2018 (DR-3) provides that the provisions pertaining to Tourist Homes as Accessory Uses shall take effect on October 1, 2019.