Town of Chesapeake Beach, MD Zoning Districts

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Article III Zoning Districts

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§ 290-9 Purpose and intent of districts.

§ 290-10 Land use table.

§ 290-11 Conditions and standards for conditional and special exception uses.

§ 290-12 Special exceptions through Board of Appeals.

§ 290-13 (Reserved)

§ 290-9 Purpose and intent of districts.

Purpose of districts generally. Zoning districts are established to provide appropriate location for different types of land uses. The appropriate location for a particular land use is determined by:

(1)

The character of the area and current land uses.

(2)

The suitability of each district for the uses permitted in each.

(3)

The encouragement of the stability of the district and of land values therein.

(4)

Environmental considerations.

(5)

Recommendations of the Town of Chesapeake Beach Comprehensive Plan.

R-LD Residential, Low-Density District. The R-LD District is intended to promote a pleasant and safe living environment, to create, preserve and protect a single-family detached residential character, to keep these areas free from land uses that are incompatible with and/or might adversely impact single-family neighborhoods and to conserve the physical qualities of the landscape that attract people to the Town.

R-MD Residential, Medium-Density District. The R-MD District is intended to promote a pleasant and safe living environment, to allow houses on small lots with public water and sewer, to help ensure that new infill development or redevelopment is compatible and harmonious with existing residential activities and to integrate new development with the character and function of the Town through use of natural features to provide pedestrian and visual linkages.

R-HD Residential, High-Density District. The R-HD District is intended to promote a pleasant and safe living environment, to encourage a variety of housing types, attached and multifamily, at higher densities, to promote residential uses that are enhanced by proximity to the waterfront, and, through the clustering of home sites and other means, give maximum attention to preservation and conservation of natural features and recreational potential.

RV-1 Residential Village District-1. The RV-1 District is intended to protect the single-family residential character, allowing detached houses that are compatible in design and scale with the prevailing residential uses and the existing pattern of buildings, streets, and blocks.

[Added 11-17-2022 by Ord. No. O-22-12[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection E as Subsection F.

RV-2 Residential Village District. The RV-2 District is intended to protect the primarily single-family residential character while accommodating a variety of housing types compatible in use, scale, and impact with residential use and the existing pattern of buildings, streets, and blocks.

[Amended 11-17-2022 by Ord. No. O-22-12]

[2]RC Resource Conservation District. The Resource Conservation District is a nonresidential district intended to protect and maintain wetlands, surface waters, forests and open space, steep slopes, as well as low lying areas with elevated risks of flooding. The RC District is intended to protect and maintain land use for critical flood and stormwater management; to provide land for community parks and recreational activities, including access to the Bay and its tributaries; to ensure that any new use complies with all environmental protection and land use laws and preservation agreements of the Town of Chesapeake Beach and the State of Maryland, and to ensure open space preservation and prevent residential development of parcels dedicated for open space, forest conservation, stormwater management, and wildlife habitats.

[Amended 11-17-2022 by Ord. No. O-22-12]

[2]

Editor's Note: Former Subsection G, Commercial District, and Subsection H, were repealed 11-17-2022 by Ord. No. O-22-12. This ordinance also renumbered former Subsections I and J as Subsections G and H, respectively.

RPC Residential Planned Community District. The Residential Planned Community District is intended to provide greater flexibility in the selection of planned community areas; to assure effective control over the location, type and arrangement of uses appropriate to the planned community so as to protect the uses in neighboring districts; to allow the community to enjoy the benefits of open space and innovative spacing of dwellings; and to provide the opportunity for the protection of environmentally sensitive and critical habitat protection areas.

NC Neighborhood Commercial District. The Neighborhood Commercial District is intended to provide locations for small-scale and low-impact commercial uses that are designed and operated in a manner compatible in scale and impact with nearby residential neighborhoods.

[Added 11-17-2022 by Ord. No. O-22-12]

TC Town Commercial District. The Town Commercial District is intended to provide locations for commercial uses that are harmonious in scale and impact with nearby residential neighborhoods and to protect and provide a safe and attractive environment for shopping, entertainment, and community gathering.

[Added 11-17-2022 by Ord. No. O-22-12]

PC Commercial Plaza District. The Commercial Plaza District is intended to maintain the Town's primary location for larger format locally serving retail uses such as grocery stores and shopping centers, where extensive parking can be readily accommodated.

[Added 11-17-2022 by Ord. No. O-22-12]

MC Maritime Commercial District. The Maritime Commercial District is intended to promote a variety of nonresidential recreation and commercial uses that enhance the Town's waterfront heritage, respect the sensitive nature of the surrounding environment, and are consistent in character and impact with the following:

[Added 11-17-2022 by Ord. No. O-22-12]

(1)

Promoting active and vibrant commercial activities at the street (grade) level where walking is safe and enjoyable.

(2)

Establishing public pedestrian access to and along the waterfronts.

(3)

Preserving the remaining scenic vistas to the Chesapeake Bay (on the east) side and the expansive Fishing Creek marsh (on the west).

§ 290-10 Land use table. [1]

Table 1 lists the different uses and zoning districts in which they are permitted. If a use is not listed or does not fall within any of the general use categories, it is not a permitted use in any district. If a use is specifically listed in Table 1, it takes precedence over general use listings. The letters in Table 1 correspond to the following:

P	Permitted Use	Uses designated by the letter "P" shall be permitted subject to all applicable regulations.
C	Conditional Use	Uses designated by the letter "C" shall be permitted subject to certain conditions. The conditions are listed in § 290-11 of this article.
SE	Special Exception	The Board of Appeals, in accordance with § 290-12 of this article, may authorize uses requiring a special exception designated by the letters "SE."
SC	Special Exception with Conditions	Uses requiring a special exception designated with the letters "SC" may be authorized by the Board of Appeals in accordance with § 290-12 of this article, subject to certain conditions listed in § 290-11 of this article.

[1]

Editor's Note: The Table 1, Land Use Classifications, is included at the end of this chapter.

§ 290-11 Conditions and standards for conditional and special exception uses.

[Amended 11-17-2022 by Ord. No. O-22-12; 3-16-2023 by Ord. No. O-23-2]

The following conditions and specific standards apply to land uses designated C (conditional) SE (special exception) and SC (special exception with conditions) in Table 1.[1] When applying for a zoning and occupancy permit, the applicable conditions shall be satisfied during the period of the use and occupancy.

Accessory dwellings: conditional use in the R-LD, R-MD, R-HD, RV-1, RV-2, RPC, NC and TC Districts, subject to the requirements of the district where located except as herein provided:

(1)

The principal dwelling shall be a single-family detached dwelling and shall be located on a lot of at least 7,500 square feet served by public water and sewer.

(2)

Accessory dwellings are limited to lots that are owner-occupied.

(3)

Accessory dwellings are limited to a total of 650 square feet of floor area.

(4)

All height, area and bulk requirements shall apply to the accessory dwelling.

(5)

The parking requirements of this chapter shall apply. Accessory dwellings will require two off-street parking spaces in addition to those required for the principal dwelling.

(6)

A site plan is required.

(7)

Accessory dwellings must be architecturally compatible with the principal dwelling on the lot in terms of similarity of building materials, roof type, and roofline.

(8)

Only one accessory apartment will be allowed on a lot.

Dwelling unit in combination with commercial use: conditional use in the RV-2, TC and RPC Districts, subject to the requirements of the district where located except as herein provided:

(1)

Adequate parking shall be provided for both uses.

(2)

The commercial portion of such a combination use must be fully utilized so as not to reduce the commercial services made available to the community.

(3)

Commercial development shall be given priority in such combination uses and the residential portion must be ancillary.

(4)

To retain commercial activity at the street level, the first floor at the public street frontage shall remain in commercial use only whereas the second floor would be residential use.

Churches and other buildings for religious assembly: special exception with conditions use in the NC District, subject to the requirements of the district where located, except as herein provided:

(1)

Minimum lot area shall be one acre.

(2)

Minimum lot width shall be 200 feet.

(3)

No part of any building shall be located within 50 feet of any adjoining property line in separate ownership.

(4)

Building coverage shall not exceed 25% of the lot.

(5)

Screening and buffers shall be provided where the lot abuts residentially used properties or where the site abuts any residential zoning district.

(6)

Adequate parking shall be provided on-site.

(7)

Housing for religious personnel shall meet the minimum requirements of Uses 1 through 4 under "Residential Uses" in Table 1, included at the end of this chapter, whichever apply.

Public and private school: special exception with conditions use in the MC District, subject to the requirements of the district where located, except as herein provided:

(1)

Minimum lot area shall be one acre.

(2)

Minimum lot width shall be 200 feet.

(3)

No part of any building shall be located within 50 feet of any adjoining property line in separate ownership.

(4)

Dormitories or other living accommodations for faculty or students shall meet the minimum requirements of Uses 1 through 4, under "Residential Uses" in Table 1, included at the end of this chapter, whichever apply.

Home day care: conditional use in the RV-1, RV-2, RPC, NC and PC Districts, subject to the requirements of the district where located, except as herein provided:

(1)

Applicant shall meet the requirements of state and local health departments.

(2)

All such uses shall be located so as to permit the safe pickup and delivery of all persons on the site.

(3)

The operation shall meet the individual parking requirements of home day-care businesses in addition to any residential parking requirements for the dwelling in which the operation is located.

Day-care center, nursery school, kindergarten, or other agency giving care to persons as a commercial operation: special exception with conditions use in the NC and PC Districts, subject to the requirements of the district where located, except as herein provided:

(1)

The minimum lot area shall be 20,000 square feet plus 2,500 square feet of lot area for each person cared for above 10 persons.

(2)

No part of any building shall be located within 30 feet of any adjoining property in residential use.

(3)

Vegetative screening and buffers shall be provided where the lot abuts residentially used properties.

(4)

Any outdoor play active recreational area shall be located in the rear yard and its boundary shall be at least 10 feet from the rear lot line and not nearer to any other lot line than the required yard setback.

(5)

Outdoor play areas shall be sufficiently screened and sound-insulated so as to protect the neighborhood from noise and other disturbances. To fulfill this requirement, screening may be located anywhere on the lot as needed.

(6)

Any new buildings shall be designed to be architecturally harmonious with buildings in the neighborhood, including but not limited to building facade orientation, building scale and massing, materials, colors, roofs and rooflines.

Professional school, studio for music or art instruction, dancing school or similar: special exception with conditions use in the NC District, limited to properties with frontage onto MD 261.

Library, museum, community center, adult education center or similar open to the public or connected with a permitted use and not conducted as a private business: special exception with conditions use in the NC District, subject to the requirements of the district where located, except as herein provided:

(1)

The minimum lot area shall be 10,000 square feet.

(2)

No part of any building shall be located within 30 feet of any adjoining property in residential use.

(3)

Vegetative screening and buffers shall be provided on all lot lines that abut properties in residential use.

(4)

No outdoor active recreational area shall be located nearer to any lot line than the required yard setback.

(5)

Any new buildings shall be designed to be architecturally harmonious with buildings in the neighborhood including but not limited to building facade orientation, building scale and massing, materials, colors, roofs and rooflines.

Environmental science, research, and educational uses, nature centers: conditional use in the RC District, subject to the requirements of the district where located and the following:

(1)

Accessory uses shall only be those intrinsically related to the research or educational mission of the principal use.

(2)

Whether Article X, Forest Conservation, is applicable or not, the removal of trees on the property shall be strictly limited to only that extent necessary to make reasonable use of the property and the applicant shall submit a plan documenting both existing and planned tree cover including an inventory of trees to be removed and replaced.

(3)

The addition of impervious surface coverage shall be strictly limited to only that amount necessary to enable reasonable use of the property and, where feasible, pervious surfaces should be used as an alternative.

(4)

No building shall be permitted which exceeds a footprint of 2,000 square feet.

Game, wildlife, and nature preserves: conditional use in the RC District, subject to the requirements of the district where located and the following:

(1)

Accessory uses shall only be those intrinsically related to the game, wildlife, nature, or educational mission of the principal use.

(2)

(3)

(4)

No building shall be permitted which exceeds a footprint of 2,000 square feet.

Public building or recreational facility owned and operated by Chesapeake Beach or other governmental agency: conditional use in the RC District, subject to the requirements of the district where located and the following:

(1)

No building shall be permitted except that necessary for the purposes of managing the land or water resources or enhancing the low-impact experience of the natural environment.

(2)

(3)

(4)

No building shall be permitted which exceeds a footprint of 2,000 square feet.

Parks and playgrounds: special exception with conditions use in the RC District, subject to the requirements of the district where located and the following:

(1)

(2)

Sailing schools, boat rentals and storage and similar water-oriented recreational uses: special exception with conditions. Use in the RC District, subject to the requirements of the district where located and the following:

(1)

(2)

The use shall be limited to waterfront properties or to properties that are contiguous to, and functionally connected with, waterfront properties.

(3)

(4)

No building shall be permitted.

Professional office in residence: conditional use in the RPC District, subject to the requirements of the district where located, except as herein provided:

(1)

The professional person must reside in the dwelling.

(2)

There shall be no exterior evidence, other than a permitted sign not exceeding two square feet, to indicate that the principal building is being used for any purpose other than that of a dwelling.

(3)

There shall be no show window or display window.

(4)

No more than two persons other than the resident professional shall be employed on site.

(5)

Sufficient off-street parking in the side or rear yard shall be provided, with a minimum of two spaces per professional plus residential requirements.

(6)

The total area devoted to the professional office use shall not exceed 40% of the square footage of the principal dwelling unit.

(7)

An accessory building may be used for the professional office.

Office or clinic for medical or dental examination or treatment of persons as outpatient, including laboratories incidental thereto: conditional use in the NC, TC, PC and MC Districts, subject to the requirements of the district where located except as herein provided.[2]

[2]

Editor's Note: As noted in Ord. No. O-23-2, conditions for this use were not provided.

Therapeutic massage: conditional use in the NC, TC, PC and MC Districts, subject to the requirements of the district where located, except as herein provided:

(1)

Massage is incidental to a principal medical or spa use.

(2)

Massage therapy is conducted by professionals who are licensed to practice massage or by professional physical therapists.

(3)

Massage therapy does not include any manipulation to induce sexual stimulation and in the context of massage therapy any such act is presumptively considered a danger to public health, safety, and welfare and is cause for revocation of a zoning and occupancy permit.

Professional licensed physical therapy office: conditional use in the RV-1 District, subject to the requirements of the district where located except as herein provided:

(1)

The use shall be an integral part of an otherwise permitted mixed use multifamily development.

Offices for professional, business or governmental purposes: conditional use in the RV-1, RV-2, NC, TC, PC and MC Districts, subject to the requirements of that district, except as herein provided:

(1)

The principal building shall be no closer than 20 feet to any lot line that adjoins a property in residential use.

(2)

Off-street parking shall be provided in the side or rear yard and shall be completely screened from view of adjoining residential properties.

(3)

To reduce the impact of traffic and parking, the total floor area devoted to the use shall be limited to 6,000 square feet (in addition to any basement or attic areas used solely for storage).

(4)

Vegetative screening and buffers shall be provided along lot lines that abut properties in residential use.

(5)

(6)

Signage shall be limited to one freestanding sign of no more than two square feet identifying the name and number of the building or premises unless the property fronts on more than one street, in which case one such sign may be erected on each frontage.

Tavern, nightclub: special exception with conditions use in the TC, PC and MC Districts, subject to the requirements of the district where located except as herein provided.[3]

[3]

Editor's Note: As noted in Ord. No. O-23-2, conditions for this use were not provided.

Bed-and-breakfast establishment: special exception with conditions use in the R-LD, R-MD, R-HD, RV-1, RV-2 and RPC Districts and conditional use in the NC, TC, PC and MC Districts, subject to the requirements of the district where located except as herein provided:

(1)

An owner or manager lives on the premises.

(2)

The facility is part of a dwelling unit.

(3)

No separate kitchens are provided.

(4)

Meals shall be provided for overnight lodgers only.

(5)

The facility is operated through a state-approved bed-and-breakfast registry.

(6)

One off-street parking space is provided for each guest room.

Motel, hotel: special exception with conditions use in the TC, PC and MC Districts, subject to the requirements of the district where located, except as herein provided:

(1)

The applicant shall site new buildings to ensure that adjacent properties have visual privacy and sunlight as well as protection from the new development's site illumination, noise, and odor, as applicable.

(2)

The applicant shall design buildings to complement and contribute to a desirable community character in terms of shape and style, rooflines, color, and materials.

(3)

Accessory uses may include a gift shop, beauty shop, barbershop, restaurant, cocktail lounge/nightclub, auditorium/meeting room facilities, and similar retail stores and commercial establishments.

(4)

Circulation and parking shall be adequate to fulfill requirements of all proposed uses, principal and accessory. The Planning Commission may require a traffic analysis provided by the applicant demonstrating adequacy of the system.

(5)

The applicant shall design and site buildings to screen from public view unsightly elements such as shipping and loading areas, transformers, dumpsters, and meters.

(6)

The applicant shall design the building roof to screen mechanical equipment from public view and to contribute to an attractive streetscape.

(7)

The applicant shall develop the public streetscape between the building and the street curb as a safe and convenient pedestrian way with attractive amenities such as paving, lighting, seating, shelter, and landscaping.

(8)

The applicant shall design fences and retaining walls that are consistent in materials and quality with that of the building and the adjacent properties.

(9)

The applicant shall design and locate signs so that their illumination is directed away from adjacent properties.

(10)

The applicant shall integrate ground signs into the design of the site and the streetscape.

Entertainment and recreation facilities operated as a business within a building, with the exception of an adult bar, restaurant, or nightclub: special exception with conditions use in the TC, PC and MC Districts, subject to the requirements of the district where located, except as herein provided.[4]

[4]

Editor's Note: As noted in Ord. No. O-23-2, conditions for this use were not provided.

Animal hospital, veterinarian clinic: special exception with conditions use in the TC, PC and MC Districts, subject to the requirements of the district where located, except as herein provided:

(1)

Minimum lot area shall be 20,000 square feet.

(2)

All operations in connection with the clinic must be conducted indoors.

(3)

Vegetative landscaping shall be used along the side lot lines when the site adjoins a residential lot and must include no less than two sets of coniferous plantings with five-foot separation plus a hedge.

(4)

No crematorium or incinerator device may be used on the site in conjunction with the clinic operations.

(5)

The site may not be operated as a kennel, though overnight stays by pets receiving medical care may be permitted.

(6)

No work on large animals (bovine or equine) is to be performed on the premises.

Automobile service stations: special exception with conditions use in the TC District, subject to the requirements of the district where located, except as herein provided:

(1)

All activities, except for those to be performed at the fuel pumps, shall be performed within a completely enclosed building.

(2)

No fuel pump, oil draining pit, or other vehicle appliance for serving automobiles shall be located within 15 feet of a right-of-way.

(3)

Bulk storage of flammable liquids shall be underground.

(4)

The entrance and exit of any such establishment shall be at least 50 feet from any residential lot.

(5)

No storage or stockpiling of tires or any trash shall be permitted.

(6)

All inoperative vehicles shall be completely screened from view of rights-of-way and adjoining properties.

(7)

An area, enclosed by a wall or fence, screened from view of adjoining properties and rights-of-way shall be established whenever outdoor storage is required.

(8)

No fuel pumps, structures or buildings shall be erected within 150 feet of any dwelling.

(9)

All lights shall be diverted toward the station or downward on the lot.

Marina: special exception with conditions use in the MC District, subject to the requirements of the district where located, except as herein provided:

(1)

The marina shall comply with all Town, state, and federal codes, regulations, laws, and ordinances.

(2)

The proposed design shall be satisfactory as regards such safety features as the location of fueling points, fuel storage, the effect on navigation, the possibilities for water pollution, and service by fire hydrants.

(3)

The projection of docks, wharves, and piers into waterways shall be limited by applicable Town, state and federal laws.

(4)

Groins, levees, bulkheads, pilings, breakwaters, and other similar structures shall be erected and maintained in accordance with applicable location and construction standards of the Town, state, and other required regulatory agencies.

(5)

Adequate sanitary facilities shall be provided. The Planning Commission may specify the number.

(6)

Each marina shall maintain fire suppression and prevention equipment and facilities and shall conform to the requirements of the State Fire Marshal. Interior roadways shall be of sufficient width and maintenance to accommodate fire and emergency equipment.

(7)

Containerized trash receptacles shall be required within a reasonable distance of all piers.

Transformer station, structures housing switching equipment and regulators, tower transmission line right-of-way, towers, and radio and/or television transmitter tower, cellular tower, etc.: special exception with conditions use in all districts, subject to the requirements of the district where located, except as herein provided:

(1)

In any residential district, the proposed use at the location selected is necessary for public convenience and service and cannot be supplied with equal public convenience if located elsewhere.

(2)

In any residential district, whenever practicable, buildings and structures shall have the exterior appearance of residential structures.

(3)

In any residential district, neither public business office nor any storage yard or storage building is operated in connection with it.

(4)

In the case of radio, cellular, and/or television transmitter towers, any such tower shall be located a distance equal to its height plus 50 feet from all lot lines.

(5)

There shall be no electrical disturbance emanating from any use or lot which would adversely affect the operation of any equipment on any other lot or premises.

(6)

Transmission and distribution facilities should be located underground unless cause can be shown why they cannot be placed underground.

AA.

Storage in association with permitted marine commercial activities: special exception with conditions use in the RC District, subject to the following:

(1)

The use shall be limited to permitted marine commercial activities located on the same property or a contiguous property where there is a direct and functionally connected relationship.

(2)

Clearing of forested land to accommodate the use is strictly prohibited.

(3)

BB.

Aquaculture: special exception with conditions in the RC District, subject to the following:

(1)

The use shall be limited to waterfront properties or to properties that are contiguous to, and functionally connected with, waterfront properties.

(2)

(3)

There shall be only species usage that are native to this region.

(4)

CC.

Customary home occupation: conditional use in the NC, TC, PC and MC Districts, subject to the requirements of the district where located, except as herein provided:

(1)

The occupation is conducted entirely within the dwelling or accessory building and is clearly secondary to the use of the dwelling for residential purposes.

(2)

The occupation uses no more than 30% of the principal dwelling floor area.

(3)

All employed are family members residing in the dwelling, except that one full-time nonresident employee may be on the premises.

(4)

No outside storage of equipment, materials or items to be repaired or sold shall be permitted.

(5)

No article or commodity is offered for sale or is publicly displayed on the premises except those incidental to the services offered.

(6)

No display of products may be shown so as to be visible from outside the dwelling, and no advertising visible outside the premises shall be permitted, other than the permitted home occupation announcement sign.

(7)

No exterior alterations, additions, or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.

(8)

Besides the required parking for the dwelling unit, additional parking located to the side or rear yard shall be provided as follows: one space for each nonresident employed on the premises and three additional spaces for a physician or dentist.

(9)

A nameplate not larger than two square feet attached to the building and illuminated only by indirect lighting is permitted.

(10)

A home occupation shall not be interpreted to include such uses as tourists' homes, animal hospitals, tearooms and restaurants.

(11)

The establishment or operation of a home occupation shall be harmonious with the character of neighboring residential uses and shall not create traffic (pedestrian or vehicular) or parking demands out of character with neighboring properties.

(12)

A zoning permit is obtained.

DD.

Garage sales, yard sales, estate sales: conditional use in all districts, subject to the requirements of the district where located, except as herein provided:

(1)

Articles for sale consist of personal possessions of the seller.

(2)

Such sale is not conducted in the same location more than once a month.

EE.

Carnival or similar transient enterprise: special exception with conditions use in the PC District, subject to the requirements of the district where located, except as herein provided:

(1)

The use shall be sponsored by an organization qualified under Chapter 424 of the 1941 Acts of the General Assembly of Maryland (Section 249 of Article 27 of the Annotated Code of Maryland).

(2)

The use shall not exceed 10 days in duration and shall not include any permanent structures.

FF.

Temporary building incidental to construction (nonresidential): conditional use in the TC, PC and MC Districts, subject to the requirements of the district where located, except as herein provided:

(1)

Provided that it is removed when construction is finished.

(2)

The temporary structure is permitted for a period of one year. A one-year extension may be permitted upon application to the Public Works/Zoning Administrator.

[1]

Editor's Note: Table 1 is included as an attachment to this chapter.

§ 290-12 Special exceptions through Board of Appeals.

Purpose and intent. There are certain uses which by their nature or design can have an undue impact upon or be incompatible with other uses of land. These uses may be allowed to locate within given designated zoning districts under the controls, limitations and regulations of a special exception.

Authorization. In consideration of an application filed with the Public Works/Zoning Administrator, the Board of Appeals may authorize the establishment of those special uses that are expressly listed in a particular district in Table 1 of this chapter.[1]

[1]

Editor's Note: Table 1 is included at the end of this chapter.

Status of special exception uses.

(1)

Once a special exception has been approved, any site plan, subdivision plat, building permit, or zoning and occupancy permit hereafter submitted for the development or use of the property in accordance with the special exception shall conform with the approved special exception and no development or use shall be approved by the Public Works/Zoning Administrator in the absence of such conformance.

(2)

Once established, the use shall be conducted in strict accordance with any condition or restriction imposed by the Board of Appeals and all other requirements of this chapter. No use shall be enlarged, expanded, increased in intensity or relocated and no condition of the special exception or a new special exception shall be modified unless an application is made and approved for an amendment to the special exceptions or a new special exception is approved.

(3)

Once a special exception use is approved, the use shall not be considered a nonconforming use, but shall, without further action, be considered a conforming one.

Standards. The Board of Appeals shall grant a special exception only if it finds, from a preponderance of evidence of record, that any proposed use submitted for a special exception will meet all of the following general standards as well as any specific standards or conditions listed for the proposed use.

(1)

The establishment, maintenance and operation of the special exception will not be detrimental to or endanger the public health, safety, or general welfare.

(2)

The special exception shall be such that it will be harmonious in character as well as appropriate in appearance with and will not be injurious to the use and enjoyment of other property in the neighborhood for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

(3)

The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding properties for the uses permitted in the district.

(4)

Establishment and operation of the special exception will not adversely impact the capacity and/or safety of the Town infrastructure such as roads, water and sewer, drainage, etc.

(5)

The special exception shall be such that pedestrian and vehicle traffic associated with such use will not be hazardous to or unduly conflict with the existing and anticipated traffic in the neighborhood.

(6)

The establishment, maintenance and operation of the special exception are consistent with the Town of Chesapeake Beach Comprehensive Plan.

Burden of proof. The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact that are to be determined by the Board of Appeals.

Conditions and restrictions. The Board of Appeals, in approving a special exception, may impose such conditions and restrictions upon the proposed use as it may deem necessary in the public interest to secure compliance with the provisions of this chapter and to protect the viability of the implementation of the adopted Chesapeake Beach Comprehensive Plan.

Application procedure.

(1)

The Board of Appeals shall not grant a special exception unless and until a written application is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.

(2)

Applications for a special exception shall be submitted to the Public Works/Zoning Administrator on forms supplied by him. The application shall be completed and shall be accompanied by information which will be necessary to evaluate a given proposed category or use. The Public Works/Zoning Administrator, upon receipt of a properly completed and documented application, shall refer the application, along with pertinent evaluation material, to the Board of Appeals.

(3)

The Board of Appeals may request and consider recommendations of the Planning Commission prior to rendering a decision.

(a)

Waiver and special exception notifications. The Mayor and Town Council shall be notified of all requests for waivers or special exceptions within seven days of the request.

(4)

An application for a special exception may be made by a property owner, lessee or contract purchaser. A lessee or contract purchaser must file with the application, a copy of the contract or some form of written statement, which indicates endorsement of the application by the property owner.

Processing and public hearing requirement.

(1)

The Board of Appeals shall process all applications for special exceptions in accordance with the provisions in this section and the provisions of Article VII, § 290-29. The Board, on the application for a special exception, shall make no determination until a public hearing has been held on it.

(2)

Notice shall be given at least 30 days in advance of public hearing. The owner of the property for which special exception is sought, or his agent, shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought and at the Town Hall, and notice shall be published in a newspaper of general circulation in the Town, at least 30 days prior to the public hearing.

Termination or revocation.

(1)

Unless a time limit is specified for a special exception, the same shall be valid for an indefinite period of time, except that if the use or activity should cease for any reason for a continuous period of one year, the special exception shall automatically terminate without notice. The approval of a new special exception shall be required prior to any subsequent reinstatement of the use.

(2)

A special exception shall be revocable on the order of the Board of Appeals at any time because of the failure of the owner or operator of the use covered by the exception to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions in connection with the exception that were designated in issuing the same. Before revoking any special exception, however, the Board of Appeals shall give the holder thereof at least 10 days' written notice of violation. If, within 10 days, the exception holder so requests, the Board of Appeals shall hold a hearing on the revocation of the exception, giving the applicant advance written notice of the hearing date.

(3)

Where a special exception has not been established by the issuance of a zoning permit within one year after the date of granting the special exception, the special exception shall expire. However, the Board of Appeals, in its discretion and upon a showing of good cause, may grant up to two successive extensions of the granting of the special exception for periods of not longer than six months each, provide that a written request for each extension is filed while the prior grant is still valid.

(4)

The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations of the provisions of this chapter.

§ 290-13 (Reserved) [1]

[1]

Editor's Note: Former § 290-13, Maintaining commercial district zoning, was repealed 3-16-2023 by Ord. No. O-23-2.