[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.
(3) 
Refer zoning permit applications for the following purposes to the Commission for approval:
(a) 
To alter, extend, or change any nonconforming use.
(b) 
To construct or expand off-street parking areas of three or more vehicles.
(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.
(15) 
Review for completeness all applications for Category 1 site plans and submit completed applications to the Planning Commission for review and approval as provided for in Article VI of this chapter.
(16) 
Review and take action on all Category 2 site plans as provided for in Article VI of this chapter.
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:
(a) 
Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law.
(b) 
Establishing a schedule of fees and charges as provided in Subsection B of this section.
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. 
Definition. As used in this section, the following terms shall have the meanings indicated:
NONCONFORMING STRUCTURE OR LOT
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.
NONCONFORMING USE
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]
(a) 
Such alteration or extension shall be permitted only upon the same lot as in existence at the date the use became nonconforming.
(b) 
Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 50% during the life of the nonconformity.
(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 5-11-2005 by Ord. No. O-05-5; 2-16-2006 by Ord. No. O-06-1; 11-21-2024 by Ord. No. O-24-17]
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 have been found to violate the provisions of this chapter if they are 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 a property owner, tenant, contractor, subcontractor, agent of the property owner, or any other person who has committed, assisted, or participated in the violation), but excludes those acting in an official capacity on behalf of the Town. Each person violating this chapter may be subject to the fines jointly or severally.
(2) 
The violation of any provision of any section of Chapter 290, Zoning, shall be subject to the following fines:
(a) 
For any violation that impacts an area smaller than 100 square feet: $500.
(b) 
For any violation that impacts an area greater than 100 square feet: $1,000.
(c) 
For any violation that impacts a steep slope as defined in this chapter: $1,000.
(d) 
The violation of any provision of this chapter for which a penalty is not otherwise provided shall be subject to a fine not less than $500 and not greater than $1,000.
(3) 
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).
(4) 
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.
(1) 
Violations of the critical area provisions (§§ 290-17 and 290-18) are subject to § 290-17K, Enforcement, including restoration and mitigation of the violation.
(2) 
The violation of any provision of any subsection of §§ 290- 17 and 290-18, regarding the Critical Area, shall be subject to the following fines:
(a) 
For any violation that impacts an area smaller than 100 square feet: $500.
(b) 
For any violation that impacts an area greater than 100 square feet: $1,000.
(c) 
Notwithstanding Subsection C(1) or (2), for any violation that impacts a steep slope as defined in this chapter: $1,000.
(d) 
Notwithstanding Subsection C(1) or (2), for any violation in the 100-foot buffer: $800.
(e) 
The violation of any provision of this chapter for which a penalty is not otherwise provided shall be subject to a fine not less than $500 and not greater than $1,000.
(3) 
Each violation of this section shall be assessed separately and cumulatively.
(4) 
If a person given notice of a violation of Critical Area provisions of §§ 290-17 and 290-18 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).
D. 
In addition to any other penalty applicable under this chapter, every violation of a provision of the Natural Resources Article, Title 8, Subtitle 18, or the Critical Area provisions (§§ 290-17 and 290-18) of this chapter shall be punishable by a civil penalty of up to $10,000 per calendar day.