Contents of Article 1
ARTICLE 1 -
GENERAL PROVISIONS
Sec. 104 CONSISTENCY WITH COMPREHENSIVE PLAN
Sec. 105 COORDINATION WITH OTHER REGULATIONS
Sec. 108 PERMITS AND CERTIFICATES
These regulations are known and may be cited as the Land
Management Code or “LMC”, and are hereby incorporated into Appendix A of the
Frederick City Code. The LMC includes
both the text of the regulations and the Official Zoning Map, which is located
in the Planning Department, City Hall,
(a) The LMC is
adopted with the intent that it will implement the policies of the
Comprehensive Plan; will control congestion in the streets; will secure the
public safety; will promote health and the general welfare; will [provide]
ensure adequate light and air; will promote the conservation of natural
resources; will prevent environmental pollution; will avoid undue concentration
of population; and will facilitate the adequate provisions of transportation,
water, sewerage, schools, recreation, soil conservation, landscaping, parks and
other public facilities and services.
(b) The LMC is made with reasonable consideration of, among other things, the character of the City, the suitability of its various areas for particular uses; the desire to enhance the value of buildings and encourage the orderly development; and the most appropriate use of land throughout the jurisdiction.
The LMC is established in accordance with the provisions of
Article XV, Section 175 of the Charter of the City of
The LMC applies to all properties within the corporate limits of the City of Frederick, Maryland. Except as hereafter specified, no land, building, structure or premises shall be used, no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted or altered except in conformity with the regulations specified for the district in which it is located and with the regulations pertaining to all districts as set forth herein.
The Land Management Code has been prepared in accordance with, and is consistent with, the Comprehensive Plan.
The use of buildings and land within the City is subject to all other regulations, whether or not such other regulations are specifically referenced in the LMC. References to other regulations or provisions of the Land Management Code are for the convenience of the reader. Lack of a cross-reference does not mean that other regulations do not apply.
If a regulations adopted under the Land Management Code [differs
from] conflicts with another statute or local ordinance or
regulations, [the regulations adopted under the LMC] the more stringent controls. [The Zoning Administrator or reviewing
agency may waive a regulations established in the LMC to the extent that it is
preempted by state or federal law. ]
Interpretation and application of the provisions of the LMC
shall be regarded as the basic and minimum requirements for the protection of
public health, safety, and welfare. [The Land Management Code shall be
liberally interpreted in order to further its underlying purposes. The meaning of any and all words, terms or
phrases in the LMC shall be construed in accordance with Article 10 of the Land
Management Code.]
The LMC contains numerous graphics, pictures, illustrations and drawings in order to assist the reader in understanding and applying the law. However, to the extent that there is any inconsistency between the text of the Land Management Code and any such graphic, picture, illustration or drawing, the text shall control unless otherwise provided in the specific section.
In case it shall be judicially determined that any word, phrase, clause, item, sentence, paragraph, or section, or the application thereof to any property, person or circumstance is invalid, the remaining provisions and the application of such provisions to other properties, persons, or circumstances shall not be affected thereby.
No development shall occur on any property within the City
until the applicable permits, approvals and certificates have been issued [and
approved by the officials with the authority to approve the same pursuant to
Article 3 and 5 of the Land Management Code] in accordance with the LMC
and other applicable regulations.
End Notes: