The regulations set out in this chapter of the Charles County
Code are hereby adopted for the purpose of protecting and promoting
the health, safety, morals, comfort and welfare of the present and
future inhabitants of Charles County and shall constitute the text
of the Charles County Zoning Ordinance.
This chapter is adopted pursuant to the provisions of Article
66b of the Annotated Code of Maryland, as amended.[1]
[1]
Editor's Note: Said article was repealed by Acts 2012, 426,
§ 1, effective 10-1-2012. See now the Land Use Article.
This chapter shall not apply to the Charles County government
or the land, buildings, structures or other facilities owned by the
County that would otherwise be regulated by this chapter.
A.
Any person, firm or corporation, either as owner, lessee, occupant
or otherwise, who violates any of the provisions of this chapter or
who violates or fails to comply with any order or regulation made
hereunder or who interferes in any manner with any person in the performance
of a duty required by the terms of this chapter shall be guilty of
a misdemeanor and punished by a fine of not more than $300 or by imprisonment
in the County jail not to exceed 90 days, or by both such fine and
imprisonment. Each day such violation continues shall be deemed a
separate offense.
B.
In addition to other remedies, the County Commissioners, the Zoning
Officer or any adjacent or neighboring property owner may institute
an injunction, mandamus, abatement or other appropriate action or
proceedings to compel compliance with the provisions of this chapter.
C.
In addition to and not in substitution for any other penalty imposed
for a violation hereof or for any other right or remedy available
hereunder, there is hereby established a civil penalty for a violation
of this chapter.
E.
A civil penalty may be imposed for each day a violation exists, and
each day the violation exists is a separate offense.
F.
Failure to correct a violation after expiration of the time period
for correction stated in a citation is a separate offense.
G.
Any person who receives a citation for a zoning violation, which
imposes a civil penalty, shall pay the civil penalty as set forth
on the citation, within 15 days after receipt of the citation, to
the County Commissioners of Charles County, Department of Fiscal Services,
P.O. Box B, La Plata, Maryland 20646.
H.
Any person who fails to pay a civil penalty imposed under this section
within 15 days after the date notice was sent to such person pursuant
to Article 66b, § 7.01(c)(6), of the Annotated Code of Maryland[1] shall be liable for twice the civil penalty which that
person had failed to pay.
[1]
Editor's Note: Said article was repealed by Acts 2012, 426,
§ 1, effective 10-1-2012. See now the Land Use Article,
Title 7.
I.
A citation may be delivered either by personal delivery to the person
named on the citation or by mail to the person named on the citation
at the address of the zoning violation or the address to which tax
bills for the property are sent, or both.
J.
For purposes of this chapter, notice is effective, if given by mail,
and delivery of a citation is effective, if accomplished by mail,
at the end of the fifth day after deposit in the mail, postage prepaid,
of the notice or citation, respectively.
K.
The County Attorney shall prosecute all civil zoning violations with
full authority to settle such violations, including the power to enter
into agreements on behalf of the County to resolve the violation and
the power to dismiss the citation.
A.
The set of maps implementing the comprehensive rezoning of Charles
County, Maryland, adopted by the County Commissioners of Charles County
on August 31, 1992, shall accompany and be a part of this chapter
and shall hereafter be known as the "Zoning Maps of Charles County,
Maryland."
B.
The zones established in this chapter are bounded and delineated
as designated on the Zoning Maps and subsequent amendments thereof.
C.
The Zoning Maps, as amended, shall reflect the current zoning of
all land in Charles County and be filed with the Clerk of the Circuit
Court.
Land can only be used and a building or other structure can
only be erected, moved, structurally altered, added to, enlarged,
used or otherwise modified in accordance with the uses and development
standards prescribed by the zone in which the building or land is
located. This chapter does not, however, prohibit the use of any land
for exclusively agricultural purposes.
Each section of this chapter and every part of each section
is an independent section or part of a section, and the holding of
any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
Where this chapter imposes a greater restriction than is imposed
or required by other provisions of law or other rules, regulations,
ordinances, chapters or by private restriction, the provisions of
this chapter shall control.
It is the declared legislative intent of the County Commissioners
that the terms and provisions comprising the text of this chapter
shall be liberally construed by the relevant departments, agencies,
commissions and boards of the Charles County government based on the
following rules of construction, in addition to rules applicable generally
to the construction of zoning ordinances and the interpretation requirements
of the Charles County Code:
A.
In interpreting and applying this chapter, the requirements contained
herein are declared to be the minimum requirements for the protection
of the health, morals, safety and general welfare of the existing
and future residents of Charles County.
B.
In this chapter, words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the particular controls the general; and the word "shall" is mandatory
and not optional.
C.
This chapter of the Charles County Code shall not be deemed to interfere
with or abrogate or annul or otherwise affect in any manner whatsoever
any ordinance, rules, regulations or easements, covenants or other
agreements between parties; provided, however, that where this chapter
imposes a greater restriction upon the use of buildings or premises
or upon the height of buildings or requires larger open spaces than
are imposed or required by other ordinances, rules, regulations or
permits or by easements, covenants or agreements, the provisions of
this chapter shall prevail. Except as hereinafter provided, the general
regulations set out in this article shall apply.
D.
In case of a conflict between the text of this chapter and any caption,
illustration, summary or illustrative table, the text shall control.
E.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" or "occupied for."
F.
The word "person" includes an individual, sole proprietorship, corporation,
partnership or incorporated association and any recognized legal entity.
G.
Unless it is plainly evident from the context that a different meaning
is intended, in a regulation that involves two or more items, conditions,
provisions or events connected by the conjunction "and," "or" or "either
. . . or" the use of the conjunction is defined as follows:
(1)
"And" means that all the connected items, conditions, provisions
and events apply together and not separately.
(2)
"Or" means that the connected items, conditions, provisions or events
apply separately or in any combination.
(3)
"Either . . . or" means that the connected items, conditions, provisions
or events shall apply separately but not in combination.
H.
The words "includes" or "including" do not limit a term to the specified
examples, but are intended to extend the term's meaning to all other
instances or circumstances of similar kind or character.
I.
When a term used in this chapter is defined elsewhere in the County
Code but not in this chapter, the term shall have the meaning specified
in that section of the Code.
J.
The word "County" means Charles County, Maryland; the word "state"
means the State of Maryland.
K.
As used in this chapter, words importing the masculine gender include
the feminine and neuter.
L.
Throughout this chapter, all words other than the terms specifically
defined herein shall have the meaning inferred from their context
or as defined in the most recent edition of Webster's International
Dictionary.
M.
The word "chapter" or "this chapter" shall mean the Charles County
Zoning Ordinance.
