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.
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.
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.