[Amended 2-16-2006 by Ord. No. O-06-4]
A.
The provisions of this chapter shall be administered and enforced
by the Zoning Administrator (the "Administrator"), who shall be appointed
by the Mayor and confirmed by the Town Council.
B.
The Administrator shall have the following duties and powers:
(1)
Receive and examine all applications for zoning permits and other
applications required by this chapter.
(2)
Refer all zoning permits and applications to construct or change
the use of a building or structure in RPC Districts to the Planning
Commission for review and approval. The Planning and Zoning Commission
("the Commission") shall make its recommendations within 45 days after
submission to it.
(4)
Issue permits only where there is compliance with the provisions
of this chapter and with other Town ordinances. Permits for construction
or uses requiring a special exception or variance shall be issued
only upon order of the Board of Appeals.
(5)
Receive applications for special exceptions and forward these applications
to the Board of Appeals for action thereon.
(6)
Following refusal of a permit, receive applications for interpretation,
appeal, and variance and forward these applications to the Board of
Appeals for action thereon.
(7)
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
(8)
Issue stop, cease, and desist orders, and orders in writing for correction
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons, firms, or corporations deemed by the Administrator
to be violating the terms of this chapter. It shall be unlawful for
any person to violate any such order lawfully issued by the Administrator,
and any person violating any such order shall be guilty of a violation
of this chapter.
(9)
Institute in the name of the Town any appropriate action or proceedings
to prevent the unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; restrain, correct, or abate
such violation so as to prevent the occupancy or use of any building,
structure or land; or to prevent any illegal act, conduct, business,
or use in or about such premises.
(10)
Revoke, by order, a permit issued under a misstatement of fact
or contrary to the law or the provisions of this chapter.
(11)
Record and file all applications for zoning permits or other
permits with accompanying plans and documents. All applications, plans,
and documents shall be a public record.
(12)
Maintain a map or maps showing the current zoning classification
of all land in the Town, including the Zoning Map and the Critical
Area District Map, and maintain records of growth allocation acres
awarded and the amount remaining.
(13)
Upon the request of the Mayor or Town Council, the Commission,
or the Board of Appeals, present to such bodies facts, records, or
reports which they may request to assist them in making decisions,
or in any other matter.
(14)
Refer any zoning permit to the Commission for review and comment
as the Administrator deems necessary and appropriate.
A.
Questions of interpretation.
(1)
It is the intent of this chapter that all questions of interpretation
and enforcement shall be first presented to the Administrator and
that such questions shall be presented to the Board of Appeals only
on appeal from the decision of the Administrator, and that recourse
from the decisions of the Board of Appeals shall be to the courts
as provided by law and particularly by Article 66B, Title 2, Annotated
Code of Maryland.
(2)
It is further the intent of this chapter that the duties of the Town
Council in connection with this chapter shall not include hearing
and deciding questions of interpretation and enforcement that may
arise. The procedure for deciding such questions shall be as stated
in this section and this chapter. Under this chapter, the Town Council
shall have only the duties of:
B.
Schedule of fees, charges and expenses.
[Amended 6-10-2004 by Ord. No. O-04-10]
(1)
The Town Council shall establish a schedule of fees, charges, and
expenses, and a collection procedure, for zoning permits, appeals,
variances, special exceptions, amendments, and other matters pertaining
to this chapter.
(2)
The schedule of fees shall be posted in the offices of the Administrator
and may be altered or amended only by the Town Council, upon recommendation
of the Commission.
(3)
No permit, special exception, or variance shall be issued unless
or until such costs, charges, fees, or expenses have been paid in
full, nor shall any action be taken on proceedings before the Board
of Appeals unless or until preliminary charges and fees have been
paid in full.
C.
Zoning permit required. No building or other structure shall be erected,
moved, added to, or structurally altered, or use of land be changed
without a permit therefor, issued by the Administrator. No zoning
permit shall be issued except in conformity with the provisions of
this chapter, except after written order from the Board of Appeals.
D.
Application for zoning permit. All applications for zoning permits shall be accompanied by site plans complying with all the provisions of Article VI. The application shall include such other information as lawfully may be required by the Administrator, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.
E.
Expiration of zoning permit.
(1)
If the work described in any zoning permit has not begun within one
year from the date of issuance thereof, said permit shall expire,
it shall be cancelled by the Administrator, and written notice thereof
shall be given to the persons affected.
(2)
If the work described in any zoning permit has not been substantially
completed within two years of the date of issuance, unless work is
satisfactorily proceeding thereon, said permit shall expire and be
cancelled by the Administrator, and written notice thereof shall be
given to the persons affected, together with notice that further work
as described in the cancelled permit shall not proceed unless and
until a new zoning permit has been obtained.
F.
Construction and use to be as provided in applications, plans, and zoning permits. Zoning permits issued on the basis of site plans and applications approved by the Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction differing from that authorized shall be deemed in violation of this chapter, and punishable as provided by § 290-30A of this article.
G.
Complaints regarding violations. Whenever a violation of this chapter
occurs, or is alleged to have occurred, any person may file a written
complaint. Such complaint, stating fully the causes and basis thereof,
shall be filed with the Administrator. The Administrator shall properly
record such complaint, immediately investigate, and take action thereon
as provided by this chapter.
A.
NONCONFORMING STRUCTURE OR LOT
NONCONFORMING USE
Definition. As used in this section, the following terms shall have
the meanings indicated:
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking, off-street
loading, or accessory buildings, but which structure or lot was in
existence at the effective date of this chapter and was lawful at
the time it was established.
A use of a building or lot that does not conform to a use
regulation prescribed by this chapter for the district in which it
is located, but which was in existence at the effective date of this
chapter, and was lawful at the time it was established.
B.
Continuation. The lawful use of any structure or land existing at
the effective date of this chapter may be continued although such
use does not conform with the provisions of this chapter, except as
otherwise provided in this article.
C.
Alteration or extension.
(1)
Except as provided in § 290-19D(3), a use of land or structure which does not conform to the regulations of Article III shall not be altered, reconstructed, extended, or enlarged, except in accordance with the following provisions:
[Amended 1-15-2015 by Ord. No. O-14-21]
(2)
A structure which does not conform to the regulations of this chapter other than those regulations found in Article III may be altered, reconstructed, or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became nonconforming, provided that if the use or structure also falls under Subsection C(1) of this section, any change shall be subject to the provisions of that subsection.
D.
Restoration.
(1)
Nothing
in these regulations shall prevent the reconstruction or restoration
of a nonconforming building or structure destroyed by fire, windstorm,
flood, explosion, or act of a public enemy or accident, or prevent
the continuance of the use thereof as it existed at the time of such
destruction, subject to the following provisions:
(a)
The reconstructed structure or building shall not exceed the height, area, or volume of the damaged structure or building except as provided in Subsection C; and
(b)
A zoning permit shall be obtained; and
(c)
Reconstruction shall begin within one year after the date of
damage and shall be carried on without interruption unless the Commission
grants an extension upon formal application to that body.
(2)
An applicant may formally apply to the Planning Commission to extend the period of time as provided for in Subsection D(1)(c) above, beyond one year. Upon review of the application, the Planning Commission may approve such an extension, provided the applicant shows to the Commission's satisfaction that bona fide progress toward reconstruction is underway and provided that the standards in Subsection D(1)(a) and (b) above are met. No application for extension shall be approved that would extend the time for the initiation of reconstruction beyond two years of the date of damage.
E.
Abandonment. Whenever a nonconforming use has been discontinued for
a period of one year, such use shall not thereafter be reestablished
and any future use shall be in conformity with the provisions of this
chapter.
F.
Changes. Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use.
G.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
H.
District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses or structures existing therein.
A.
Power to amend Critical Area District.
(1)
The Town Council may from time to time, with the approval of the
Critical Area Commission, amend the land use management classification
of properties in the Critical Area District; exempt certain portions
of the Critical Area District from the requirements relating to the
Buffer and all buffer areas, or exclude portions of the Town's Critical
Area from the Critical Area District. In addition, the Town Council
shall review and propose any necessary amendments to the Critical
Area District, as required, and to the land use management classifications
at least every four years.
(2)
All such amendments to the Critical Area District shall first be
approved by the Critical Area Commission as provided in § 8-1809
of the Natural Resources Article, Annotated Code of Maryland. The
procedures and standards for Critical Area Commission approval of
proposed amendments are those as set forth in § 8-1809 of
the Natural Resources Article, Annotated Code of Maryland.
B.
Who may initiate. Proposals for amendments, supplements, changes,
modifications, or repeals may be initiated by the Town Council on
its own motion, by the Commission, or by petition of one or more owners
of property to be affected by the proposed amendment, subject to the
following provisions:
(1)
Proposals originated by the Town Council. The Town Council shall
refer every proposed amendment, supplement, change, modification,
or repeal originated by the Council to the Commission. Within 30 days
of the submission of said proposal, the Commission shall submit to
the Town Council a report containing the Commission's recommendations,
including any additions or modifications to the original proposal.
(2)
Proposals originated by the commission. The Commission may at any
time transmit to the Town Council any proposal for the amendment,
supplement, change, modification, or repeal of this chapter.
(3)
Proposals originated by a citizen's petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification shall be submitted to the Town Clerk on forms provided therefor. On receipt of said petition, the Town Clerk shall transmit a copy of the petition to the Commission. Within 30 days following a public hearing as provided in Subsection C, the Commission shall submit a report to the Mayor and Town Council containing the Commission's recommendations, including any additions or modifications of the original proposal. Failure to submit a report within 30 days shall be deemed approval of the petition by the Commission. The Town Council shall defer action on a petition until the recommendations of the Commission are received and reviewed or until 30 days have elapsed, whichever may occur first.
C.
Public hearing and notice. No such amendment, supplement, change,
modification, or repeal shall become effective until after a public
hearing by the Town Council in relation thereto at which parties in
interest and citizens shall have the opportunity to be heard. Notice
shall be given as follows:
(1)
At least 15 days prior to the date fixed for public hearing, publish
a notice containing the name of the applicant; the date, time, and
place fixed for the hearing; and the general nature of such hearing
in at least one newspaper of general circulation in the Town.
(2)
When such hearing concerns a Zoning Map change, post in a conspicuous place on the property involved a notice of pending action containing the same information as in Subsection C(1) above, such posting to take place at least 15 days prior to the date fixed for public hearing.
(3)
When such hearing concerns a Zoning Map change, give written notice
of the time and place of such hearing, sent by registered mail to
the applicant and to the owners of property contiguous to or opposite
the property affected.
D.
Fees. All applicants for zoning amendments shall, at the time of
making application, pay to the Town Clerk for use of the Town, a fee
in accordance with a Fee Schedule adopted by resolution of the Town
Council upon enactment of this chapter, or as such schedule may be
amended by resolution of the Town Council.
[Amended 2-16-2006 by Ord. No. O-06-1]
A.
Fines and penalties.
(1)
Except for violations of §§ 290-17 and 290-18 of Article IV of this chapter, which relate to the Critical Area, the violation of all provisions of this chapter shall constitute a municipal infraction and the penalties for violating said provisions shall be provided by this section. All citations for violations subject to this section shall be issued by the Zoning Administrator, in accordance with the provisions of Article 23A, § 3, of the Annotated Code of Maryland. A person shall violate the provisions of this chapter if he or she is the owner of a property upon which a condition exists that is in violation of this chapter or if the person participates in acts which violate this chapter (whether as an owner, tenant, contractor, or agent of the owner), but excludes those acting in an official capacity on behalf of the Town.
(2)
The violation of any provision of this chapter for which a penalty is not provided in Subsection A(3) below shall be subject to a fine of $200.
(3)
(4)
Whenever a person violates the provisions of this chapter, the Administrator may notify the person in writing of the violation. The Administrator may provide said notice in addition to the citations for a municipal infraction provided for in Subsection A(1) or the Administrator may provide the notice of violation prior to issuing a citation. The notice shall state the nature of the violation, the code section being violated, and state that the failure to commence the correction of the violation or violations may result in legal action, the person being cited for a municipal infraction, or any other form of remedy authorized by this chapter and the laws of Maryland. If the person given notice of a violation under this Subsection A(4) fails to commence the correction or abatement of all violations within 15 days, and/or fails to complete the correction or abatement of the violations within 30 days, then each day that the violation continues thereafter shall constitute a separate offense, punishable by a fine as set forth in Subsection A(2) or (3).
(5)
Nothing in this Subsection A shall be construed as a predicate or condition to the Town exercising the remedies provided for in Subsection B or C. The imposition of fines or the giving of a notice of violation provided by this Subsection A shall not be construed as a replacement of, or waiver of, the right of the Town to exercise or institute actions to seek the remedies provided for in Subsection B or C.
B.
Remedies. 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 Chesapeake Beach, in addition
to other remedies, may institute injunction, mandamus, or other appropriate
action or proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use;
to restrain, correct, or abate such violation; to prevent any illegal
act, conduct, business, or use in or about such premises. The rights
and remedies provided in this chapter are cumulative and are in addition
to all other remedies provided by law.
C.
Critical Area fines and penalties.
[Added 5-11-2005 by Ord. No. O-05-5]
(1)
Except as set forth in Subsection C(2) through (9) hereof, the violation of any provision of § 290-17, Critical Area Overlay District, and § 290-18, Growth Allocation Floating Districts, of Article IV of this chapter shall be a civil code violation and, upon conviction thereof, the offender shall be subject to a fine in the amount of $100.
(2)
Any person or persons who engage in development within the Buffer without a valid zoning permit, and who is in violation of § 290-17D(1) of this chapter, shall be guilty of a civil code violation. If the person or persons violating § 290-17D(1) undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $600. If the person or persons violating § 290-17D(1) undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $3,000.
(3)
Any person or persons who remove vegetation and/or trees within the Buffer without a valid zoning permit, and who is in violation of § 290-17D(5) of this chapter, shall be guilty of a civil code violation. If the person or persons violating § 290-17D(5) undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $1,000. If the person or persons violating § 290-17D(5) undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $5,000. If the area from which vegetation was removed exceeds 100 square feet, there shall be a rebuttable presumption that the violation was intentional and willful.
(4)
Any person or persons who alter the slope of the land surface within the Buffer, without a valid grading permit and who is in violation of § 290-17D(5) of this chapter, shall be guilty of a civil code violation. If the person or persons violating § 290-17D(5) undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $1,000. If the person or persons violating § 290-17D(5) undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $5,000. If the area of slope which was altered exceeds 100 square feet, there shall be a rebuttable presumption that the violation was intentional and willful.
(5)
Any person or persons who violate the provisions of § 290-17G(1), Development Standards in Buffer Exemption Area, of this chapter and who does so without a valid zoning permit, shall be guilty of a civil code violation. If the person or persons violating § 290-17G(1) undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $200. If the person or persons violating § 290-17G(1) undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $1,000.
(6)
Any person or persons who cut or clear trees in a forest or developed woodland (as defined in § 290-44) in a Limited Development Area (LDA) in violation of the provisions of § 290-17J(2)(h)[6][b] of this chapter, and does so without a valid grading plan and/or permit, shall be guilty of a civil code violation. If the person or persons violating § 290-17J(2)(h)[6][b] undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $600. If the person or persons violating § 290-17J(2)(h)[6][b] undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $3,000. All fines imposed in this Subsection B(6) are in supplementation of the mitigation requirements of § 290-17J(2)(h)[6][b] and shall not be inferred as a substitute for the mitigation requirements contained therein.
(7)
Any person or persons who engages in development on slopes greater than 15% in a Limited Development Area (LDA) in violation of the provisions of § 290-17J(2)(h)[7] of this chapter, and who does so without a valid grading plan and/or permit, shall be guilty of a civil code violation. If the person or persons violating § 290-17J(2)(h)[7] undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $600. If the person or persons violating § 290-17J(2)(h)[7] undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $3,000. If the area of slope which was altered exceeds 200 square feet, there shall be a rebuttable presumption that the violation was intentional and willful.
(8)
Any person or persons who cut or clear trees in a forest or developed woodland (as defined in § 290-44) in a Resource Conservation Area (RCA) in violation of the provisions of § 290-17J(3) of this chapter to the extent said section adopts by reference § 290-17J(2)(h)[6][b] as being applicable to RCA Districts, and does so without a valid grading permit, shall be guilty of a civil code violation. If the person or persons violating § 290-17J(3) undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $1,000. If the person or persons violating § 290-17J(3) undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $5,000. All fines imposed in this Subsection B(8) are in supplementation of the mitigation requirements of § 290-17J(2)(h)[6][b] and shall not be inferred as a substitute for the mitigation requirements contained therein.
(9)
Any person or persons who engage in development on slopes greater than 15% in a Resource Conservation Area (RCA) in violation of the provisions of § 290-17J(3) of this chapter to the extent said section adopts by reference § 290-17J(2)(h)[7] as being applicable to the RCA Districts, and does so without a valid grading plan and/or permit, shall be guilty of a civil code violation. If the person or persons violating § 290-17J(3) undertook acts which demonstrate that the violation was a mistake or unintentional violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $1,000. If the person or persons violating § 290-17J(3) undertook acts which demonstrate that the violation was an intentional, willful violation, then, upon conviction thereof, the offender shall be subject to a fine in the amount of $5,000. If the area of slope which was altered exceeds 200 square feet, there shall be a rebuttable presumption that the violation was intentional and willful.
(10)
Any person or persons who engage in a civil code violation described
in Subsection B(1) through (9) above, and said violation(s) occurs
after a refusal by the Administrator to issue a permit for the specific
actions taken, or which occur in violation of a stop-work order or
cease-and-desist order issued by the Administrator, shall, upon conviction
thereof, be subject to a fine in the amount of $10,000, regardless
of whether the actions are a mistake, unintentional, intentional or
willful.
(11)
The imposition of fines for civil code infractions shall be
supplemental to, and not as a substitute for, any and all development
requirements imposed by this chapter, including but not limited to
any requirements for afforestation, reforestation, mitigation, planting,
construction of stormwater management facilities, and site design
limitations, including such requirements as are imposed only upon
a violation of the provisions of this chapter.
(12)
In addition to the civil penalties set forth in Subsection B(1)
through (10), and not as a substitution for said civil penalties,
the Administrator may seek the abatement of the conditions which are
the basis of the violation. If required, an order of abatement shall
require the restoration of the disturbed area to the conditions existing
prior to the offending disturbance and may include an order for the
removal of any structures within said area. Any abatement shall be
undertaken in a manner which is consistent with the critical area
requirements of the Natural Resources Article of the Annotated Code
of Maryland, COMAR, and the Town's Local Critical Area Program found
in this chapter.
