Town of Chesapeake Beach, MD Article I General Provisions

§ 290-1 Title.

This chapter shall be known and may be cited as the "Zoning Ordinance for the Town of Chesapeake Beach in Calvert County, Maryland."

§ 290-2 Purpose.

A. This chapter is intended to promote the health, safety and general welfare of the public; to facilitate the creation of a convenient, attractive and harmonious Town; to preserve the character of the Town by preventing the harmful effects of prejudicial uses; to conserve properties and their value; to encourage the appropriate uses of land and the appropriate redevelopment of existing uses; to prevent environmental pollution; and to implement the adopted Chesapeake Beach Comprehensive Plan for the orderly and controlled growth of the Town.

B. Furthermore, this chapter is intended to limit, regulate, and restrict the location, height, bulk, and size of buildings and other structures; building lines, minimum frontages, depths and areas of lots, and percentages of lots which may be occupied; the side of yards, courts, and other open spaces; the erection of temporary stands and structures; the density and distribution of population; the uses of land, buildings, structures and premises for trade, industry, residence, recreation, agriculture, public activities, and other purposes within the Town of Chesapeake Beach; to divide the Town of Chesapeake Beach into districts, shown on a set of maps, adopted as part of this chapter and entitled "Zoning Map of the Town of Chesapeake Beach in Calvert County, Maryland," and to impose, in each of said districts, regulations designating the kinds of classes of trades, industries, residences, or other purposes for which land may be used or buildings and other structures may be erected, altered, or used and within the districts to regulate the location, height, bulk, and size of buildings and other structures; building lines, minimum frontages, depths and areas of lots, courts, and other open spaces; the erection of temporary stands and structures; the density and distribution of population; and to provide for the administration of this chapter, for fees for services in connection therewith, and for the enforcement of these regulations.

C. The purpose of this chapter is the promotion of the public health, safety, morals, and the general welfare by:

(1) Guiding future growth, development, redevelopment, and infill development in accordance with the Chesapeake Beach Comprehensive Plan.

(2) Providing for orderly growth, development, and redevelopment of the Town to protect and conserve the value of land and structures.

(3) Assuring an adequate level of utilities and facilities to support development and redevelopment of the Town.

(4) Providing for a variety of housing types and residential densities.

(5) Giving deliberate consideration to the values of the Chesapeake Bay, other waterfront areas, wetlands, slopes, forested areas, scenic beauty, and other natural features.

(6) Providing adequate light and air, securing safety from fire and other dangers, preventing overcrowding of the land, and undue congestion.

(7) Achieving and maintaining coordination and compatibility between land uses, structures, streets, and natural features.

(8) Maintaining and improving the appearance and enjoyment of the built environment.

D. The further purpose of this chapter is to establish zoning districts and regulations governing the development and use of land in the incorporated area within Chesapeake Beach, in accordance with the provisions of the Land Use Article of the Annotated Code of Maryland, and Natural Resources Article § 8-1808(d), Annotated Code of Maryland, as amended, Subtitle 18, Chesapeake Bay Critical Area Commission Criteria for Local Critical Area Program Development, Annotated Code of Maryland, and the Town of Chesapeake Beach Chesapeake Bay Critical Area Protection Program (hereinafter "the Town Critical Area Protection Program"), as amended, to provide for regulations governing nonconforming uses and structures; to delegate duties and responsibilities to the Planning and Zoning Commission; to provide for a Board of Appeals and its powers and duties; to provide for permits; to provide for the collection of fees; to provide for administration of this chapter; to provide penalties for the violation of this chapter; and other matters generally related thereto.

[Amended 3-16-2023 by Ord. No. O-23-2]

§ 290-3 Applicability.

A. Territorial application. The provisions of this chapter shall apply to all land and all improvements in the incorporated boundaries of the Town of Chesapeake Beach, Maryland.

B. Land. Where land is subdivided, the division shall be effected in a manner that will not violate the provisions of this chapter.

C. Yards.

(1) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(2) No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

D. Improvements.

(1) No building, structure, or land shall be used, and no building, structure, or part of a building or structure shall be constructed, extended, moved, structurally altered, internally or externally, or enlarged except in conformity with this chapter and all the regulations herein specified for the zoning district in which it is located.

(2) No building or other structure shall hereafter be erected or altered to exceed the height, accommodate or house a greater number of families, occupy a greater percentage of lot area, or have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

E. Uses in critical area. No person shall develop, alter, or use any land for residential, commercial, industrial or institutional uses, nor conduct agricultural, fishery or forestry activities in the Chesapeake Beach Critical Area, except in compliance with the applicable provisions contained herein, and with all the requirements set out in the Critical Area Program. To ensure this end, no development or resource utilization activity shall be permitted until the Town Planning Commission shall make specific findings as to whether the proposed development or activity is within the Critical Area and, if so, whether it is consistent with the goals and objectives of the Chesapeake Beach Critical Area Program, and shall have issued a certificate of compliance with the Critical Area Program certifying same.

F. Limited grandfathering. All preliminary plan approvals, which for the purpose of this section shall include preliminary site plan approvals and conditional preliminary subdivision plat approvals and preliminary subdivision plat approvals, granted by the Planning and Zoning Commission before the effective date of this chapter, and which have not expired, shall qualify the development project contained therein for limited grandfathering. For the purposes of this section, "limited grandfathering" shall mean that the applicant and/or owner (including co-applicants and co-owners) of properties affected by an approved preliminary plan, and their respective principals, successors and assigns, shall have the right to elect to utilize the provisions of the Town's zoning laws in effect at the time of their preliminary plan approval during the consideration of the final site plan approval or final subdivision approval, so long as the final plan: (1) meets all of the conditions, terms of approval, or recommendations of the Planning and Zoning Commission made at the time of the preliminary plan approval; and (2) except for changes necessary to meet the conditions, terms of approval, or recommendations of the Planning and Zoning Commission determines that the final plan is substantially consistent with the preliminary plan. If the applicant or owner shall elect to utilize the limited grandfathering provided by this section, any special exceptions and/or variances necessary under the zoning laws in effect at the time of the preliminary plan approval shall be determined in accordance with the provisions of the Town's zoning laws in effect at the time of the preliminary plan approval.

[Added 6-10-2004 by Ord. No. O-04-7; amended 12-15-2005 by Ord. No. O-05-17]

§ 290-4 Interpretation.

A. Minimum requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare of the Town of Chesapeake Beach.

B. Conflicting resolutions. Whenever any provisions of this chapter impose a stricter requirement or a higher standard than is required in any federal or state statute or other Town ordinance or regulation, the provisions of this chapter shall govern. Whenever any provision of any federal or state statute or other Town ordinance or regulation imposes a stricter requirement or higher standard than is required by these regulations, the provisions of the federal or state or other Town ordinance or regulation shall govern.

§ 290-5 Fees; increased fees for after-the-fact applications.

[Added 1-21-2010 by Ord. No. O-10-1]

Applicants for zoning permits or approvals pursuant to this chapter shall pay the fees set forth in Appendix A hereto.[1] An application filed after a use is established or any portion of the work that is the subject of the application has been performed shall be subject to a fee of 200% of the fee otherwise established in Appendix A for such application, or $300, whichever is greater.

[1] Editor's Note: Appendix A is included at the end of this chapter.