A. 
Zoning permit required.
(1) 
Any structure lawfully constructed before approval of these regulations may be maintained in the same size, material, manner, location, and construction. Routine repairs to replace damaged or worn-out portions may be performed without requiring a Town zoning permit. Any changes to material, size, dimension, manner, construction, or location require a Town zoning permit as new construction. Repair/replacement of existing structures does not indemnify the owner from encroachments on adjacent properties, or requirements for any state or county permits.
[Added 8-14-2023 by Ord. No. 2023-002[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection A(1) through A(3) as Subsection A(2) through A(4), respectively.
(2) 
A zoning permit certifies that an application complies with this chapter. Before an individual does any of the following, he or she must obtain a zoning permit: erect a building or structure, or enlarge, move, add to, or structurally alter a building, or excavate for a building or structure, or initiate any development activities pursuant to an approved site plan or subdivision plat.
(3) 
The Planning Commission shall issue zoning permits for approved Category 1 site plans (plans for commercial, multifamily residential and institutional developments, for example) and major subdivision plats.
(4) 
The Planning Commission shall issue zoning permits for approved Category 2 site plans (plans for single-family homes and additions, for example) and minor subdivision plats unless it has delegated such authority to the Zoning Administrator through its adoption of its written rules of procedure.
B. 
Expiration of zoning permit.
[Amended 8-14-2023 by Ord. No. 2023-002]
(1) 
A zoning permit shall automatically expire one year from the date of its issuance if no work described in the permit has begun, or if such work has been suspended or abandoned. The Zoning Administrator shall cancel the permit and provide written notice thereof to the persons affected.
(2) 
If 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, the Zoning Administrator shall cancel the permit and provide written notice thereof to the persons affected.
(3) 
If work described in any zoning permit has not been substantially completed within one year, due to just cause, the Town's Zoning Administrator is authorized to grant, in writing, one extension for a time period of not more than one year, subject to payment of the zoning application fee. An extension shall be requested, in writing, with justifiable cause demonstrated.
(4) 
No work on a cancelled permit may proceed unless and until a new zoning permit and a zoning permit fee has been issued.
C. 
Occupancy permits for new, altered, or nonconforming uses.
(1) 
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until an occupancy permit shall have been signed by the Zoning Administrator and issued by the County Permits and Inspections Division, stating that the proposed use of the building or land conforms to the requirements of this chapter.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2) 
No nonconforming structure or use shall be renewed, changed, or extended until the Zoning Administrator shall have issued an occupancy permit. The occupancy permit shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
[Amended 5-22-2023 by Ord. No. 2023-003]
(3) 
An applicant for an occupancy permit involving a change of use of a building shall first submit the application to the Cecil County government for review and comment and then to the Zoning Administrator for permit review.
(4) 
A temporary occupancy permit may be issued for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.
(5) 
As-built site plans. Two copies of the as-built site plan certified by an engineer shall be submitted to the Zoning Administrator prior to issuance of an occupancy permit for any building shown on a Category 1 site plan.
[Amended 5-22-2023 by Ord. No. 2023-003]
(6) 
The Zoning Administrator shall maintain a record of all occupancy permits and copies shall be furnished upon request to any person.
[Amended 5-22-2023 by Ord. No. 2023-003]
(7) 
Failure to obtain an occupancy permit shall be a violation of this chapter and punishable under § 120-2.2.9 of this article.
[Amended 5-22-2023 by Ord. No. 2023-003]
D. 
Construction and use to be as provided in applications, plans, certificates, and permits.
(1) 
Zoning permits and occupancy permits authorize only that which is set forth on approved plans and applications, and no other use, arrangement, or construction.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2) 
Use, arrangement, or construction differing with that authorized shall be deemed a violation of this chapter.
A. 
Purpose of building permit. A building permit certifies that an application complies with the Cecil County Building Code as may be supplemented, amended, and revised from time to time.
B. 
Building permit required.
[Amended 9-9-2013 by Ord. No. 08.12.2013; 12-8-2014 by Ord. No. 11052014; 8-14-2023 by Ord. No. 2023-002]
(1) 
Before any of the following can take place, an applicant must obtain a building permit: erect a building or structure, or enlarge, move, add to or structurally alter a building without the requisite reviews and approvals, or excavate for a building or structure, or initiate any construction activities pursuant to an approved development site plan or subdivision plat. Nothing in this section shall be construed to allow any changes in use, including a change in use to a formula business, as defined in § 120-9.2.1 of this chapter, regardless of the need for or lack of any deviations or physical changes proposed for an existing building or proposed development, without obtaining the necessary approvals from the Town.
C. 
Cecil County permit and inspection approval required. If required, before the Zoning Administrator can issue a zoning permit, the Cecil County Permits and Inspection Division shall have reviewed and approved the required plans and issued a county building permit.
[Amended 8-14-2023 by Ord. No. 2023-002; 5-22-2023 by Ord. No. 2023-003]
D. 
Conditions and restrictions on a building permit.
(1) 
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards on the building permit.
(2) 
The Zoning Administrator may place conditions on the issuance of a building permit.
(3) 
Violation of such conditions and safeguards, when made a part of the terms under which a variance is granted or a permit is issued, shall be deemed a violation of this chapter.
E. 
Demolition permits required.
(1) 
Before any activities to demolish or remove, in whole or part, any building or structure an applicant must first obtain a demolition permit from the Zoning Administrator and Cecil County government, which permit may be subject to an applicable fee set forth in the Town's Schedule of Fees.
(2) 
The Zoning Administrator may place conditions on the issuance of a demolition permit.
(3) 
Prior to issuing a demolition permit in the Historic District, the Zoning Administrator shall first forward the application to the Historic District Commission for review.
F. 
Expiration of demolition permit. Every permit issued shall become null and void if the work authorized by such permit has not commenced within one year after its issuance or if the work authorized by such permit is suspended or abandoned for a period of one year after the work is commenced. The Town's Zoning Administrator is authorized to grant in writing one or more extensions of time for periods of not more than one year each subject to payment of an applicable fee for each such extension, which fee amount shall be set forth in the Town's Schedule of Fees. The extension shall be requested in writing with justifiable cause demonstrated.
[Amended 8-14-2023 by Ord. No. 2023-002]
A. 
Who may initiate. Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Town Council on its own motion, by the Planning 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 proposal originated by the Town Council to the Planning Commission. Within 60 days of the submission, the Planning Commission shall submit to the Town Council a report containing the Planning Commission's recommendations, including any additions or modifications to the original proposal.
(2) 
Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Town Council a proposal.
(3) 
Proposals originated by a citizens 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 on forms provided therefor to the Zoning Administrator. On receipt of said petition, the Zoning Administrator shall transmit a copy of the petition to the Planning Commission.
(4) 
All amendments shall be the subject of a public hearing conducted by the Planning Commission. The Planning Commission shall conduct the hearing within 60 days of submission of a proposed amendment and then, within 45 days following a public hearing, the Commission shall submit a report to the Town Council containing the Commission's recommendations, including any additions or modifications of the original proposal. Failure to submit a report within 45 days shall be deemed approval of the petition by the Planning Commission. The Town Council shall defer action on a petition until the recommendations of the Planning Commission are received and reviewed or until 45 days have elapsed, whichever may occur first.
B. 
Criteria for a valid Zoning Map change. Except as part of a comprehensive rezoning of the Town of Chesapeake City, the Town Council shall approve no amendment to the Official Zoning Map unless it first finds upon a preponderance of evidence that either of the following criteria have been met:
(1) 
There was a mistake in the preparation of the Official Zoning Map.
(2) 
Since the adoption of the current Comprehensive Plan, there has been a substantial change in the character of the neighborhood where the map amendment is proposed.
C. 
Town Council public hearing and notice.
(1) 
No such amendment, supplement, change, modification, or repeal shall become effective until after a public hearing by the Town Council in relation thereto.
(2) 
When such hearing concerns a Zoning Map change, the Town shall post in a conspicuous place on the property involved a notice of pending action, 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, the Town shall 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.
A. 
By authority of the Zoning Administrator. The Zoning Administrator is authorized to make certain administrative adjustments that are in harmony with the general purpose and intent of this chapter, in the specific instances set forth herein, where the Zoning Administrator makes findings of fact in accordance with the standards prescribed and finds that there are practical difficulties in carrying out this chapter.
B. 
Procedures.
(1) 
All applications for administrative adjustments shall be filed with the Zoning Administrator on a form provided by the Town.
(2) 
The Zoning Administrator is authorized to approve administrative adjustments, after having determined that the submission is complete and finding that the request meets the requirements for granting an administrative adjustment.
(3) 
Within 15 days, the Zoning Administrator shall decide to approve the application, approve the application subject to specific conditions, or deny the application. The Zoning Administrator's decision shall be based on written findings of fact and may impose such conditions or restrictions upon the premises as may be necessary to comply with the standards and purposes established in this chapter.
(4) 
The Zoning Administrator shall transmit a copy of the decision to the applicant and all other persons previously receiving notice of the application.
C. 
Permitted administrative adjustments. Administrative adjustments may be granted only for the following:
(1) 
Setbacks. To permit setbacks of up to 10% less than required by applicable regulations.
(2) 
Lot coverage. To permit lot coverage of up to 10% more than required by applicable regulations, except within the critical area.
(3) 
Building height. To permit a building height of up to 5% more than required by applicable regulations.
(4) 
Signs. As provided in § 120-6.5.10 of this chapter.
D. 
Adjustments for nonconforming lots prohibited. The Zoning Administrator may not approve administrative adjustments when the minimum lot width and area requirements for the property are not met.
E. 
Review criteria and findings. The Zoning Administrator shall not grant an administrative adjustment unless he/she makes findings based upon the evidence presented in each specific case that:
(1) 
Practical difficulties. The particular physical surroundings, shape or topographical conditions of the subject property result in practical difficulties for the owner, which have not been created by any persons having an interest in the property.
(2) 
Unique conditions. The conditions upon which an application for an adjustment is based are unique to the subject property and are not applicable, generally, to other property within the same zoning classification.
(3) 
Public safety and welfare. The granting of the adjustment will not be detrimental to the public safety or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
F. 
Expiration of approval.
(1) 
No decision granting an administrative adjustment shall be valid for a period longer than one year from the date of the decision, unless the building permit is obtained within that period and the erection or alteration of a building is started or the use is commenced within that period.
(2) 
The Zoning Administrator may, upon a showing of good cause, grant one six-month extension of an administrative adjustment, provided that a written application for extension is filed while the decision is still valid.
A. 
By authority of the Board of Appeals. A property owner may apply to the Board of Appeals for a variance from the strict application of the terms of this chapter in order to avoid unwarranted hardship to the applicant; provided, however, that this shall be narrowly construed and applied by the Board in order to avoid undermining the purpose, integrity, intent and generally uniform application of this chapter.
B. 
Procedures. Applications for a variance shall be submitted to the Zoning Administrator and shall include written statements addressing the following:
(1) 
The specific provisions from which a variance is sought.
(2) 
The nature and extent of the variance sought.
(3) 
The special conditions of the property which would make a variance necessary.
(4) 
A statement indicating why the variance should be granted.
(5) 
The description of the alleged hardship that is caused by the physical surroundings, shape or topographical conditions of the subject property.
C. 
Public hearing required. No variance shall be authorized by the Board until a public hearing has been held on it.
D. 
Burden of proof. The applicant for a variance shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact that are to be determined by the Board of Appeals.
E. 
Decision on variances; standards. The Board of Appeals shall not grant a variance unless it makes findings of fact in writing based upon the evidence presented to it in each specific case that each of the following standards are met:
(1) 
Because of the particular physical surroundings, shape or topographical conditions of the subject property, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. The alleged hardship shall relate to the land not to personal circumstances.
(2) 
The conditions upon which a petition for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(3) 
The alleged hardship has not been created by the present owner or any previous owners of the property.
(4) 
The granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(5) 
The variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or alter the essential character of the neighborhood or district in which the property is located.
(6) 
Within the intent and purpose of this chapter, the variance, if granted, is the minimum variance necessary to afford relief.
(7) 
The granting of a variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the critical area and will be in harmony with the general spirit and intent of the Critical Area Law[1] and the Critical Area Program.
[1]
Editor's Note: See Title 8, Subtitle 18, of the Natural Resources Article of the Annotated Code.
(8) 
No nonconforming use of neighboring lands, structures, or buildings in the same zone and no permitted use of lands, structures, or buildings in other zones shall be considered grounds for the issuance of a variance.
F. 
Conditions and restrictions.
(1) 
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(2) 
In granting a variance, the Board may impose such reasonable conditions as will ensure that the use of the property will be as compatible as practical with surrounding properties.
G. 
Prohibited variance. Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this chapter in the zone involved, or any use expressly or by implication prohibited by the terms of this chapter in said zone.
H. 
Property in the critical area. If the variance concerns property in the critical area:
(1) 
A copy of the application for a variance will be provided to the Critical Area Commission by the Board of Appeals in a timely manner, but no fewer than 14 calendar days prior to the Board's hearing on the matter.
(2) 
The Board will promptly forward a copy of its decision to the Critical Area Commission.
I. 
Expiration of approval.
(1) 
No decision granting a variance shall be valid for a period longer than one year from the date of the decision, unless the building permit is obtained within that period and the erection or alteration of a building is started or the use is commenced within that period.
(2) 
The Zoning Administrator may, upon a showing of good cause, grant one six-month extension of a variance, provided that a written application for extension is filed while the decision is still valid.
A. 
Initiation. Any person or agency aggrieved or affected by an action or decision of the Zoning Administrator may appeal such action or decision to the Board of Appeals.
B. 
Timing for appeal. An appeal must be taken within a reasonable time of the decision not to exceed 30 days.
C. 
Processing and public hearing requirements.
(1) 
An appeal shall be filed with the Zoning Administrator and the Board of Appeals, specifying the grounds thereof. The Zoning Administrator shall forthwith transmit all papers constituting the record upon which the decision or action appealed was taken.
(2) 
The Board of Appeals shall process all notices of appeal in accordance with the provisions of § 120-2.3.1 of this chapter.
(3) 
The Board shall decide the appeal within 30 days of closing its hearing on the appeal.
D. 
Scope of decision of the Board. The Board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator from whom the appeal is taken.
[Amended 5-22-2023 by Ord. No. 2023-003]
E. 
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Appeals, after the notice of appeal is filed with him, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by the circuit court on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.
A. 
Purpose and intent. There are certain uses which by their nature or design can have an undue impact upon or be incompatible with other uses of land in the same zoning district. These uses may be allowed to locate within given designated zoning districts under the controls, limitations and regulations of a special exception.
B. 
Authorization. In consideration of an application filed with the Zoning Administrator, the Board of Appeals may authorize the establishment of a special exception listed in a particular district in Table 1 in Article 4.2 of this chapter.
C. 
Status of special exception uses.
(1) 
Once a special exception has been approved, any site plan, subdivision plat, building permit, zoning permit or occupancy permit hereafter submitted for the development or use of the property in accordance with the special exception shall conform to the approved special exception, and no development or use shall be approved by the Zoning Administrator in the absence of such conformance.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2) 
Once established, the use shall be conducted in strict accordance with any condition or restriction imposed by the Board of Appeals and all other requirements of this chapter. No use shall be enlarged, expanded, increased in intensity or relocated and no condition of the special exception or a new special exception shall be modified unless an application is made and approved for an amendment to the special exception or a new special exception is approved.
(3) 
Once a special exception use is approved, the use shall not be considered a nonconforming use but shall be, without further action, considered a conforming one.
D. 
Standards. The Board of Appeals shall grant a special exception only if it finds, from a preponderance of evidence of record, that any proposed use submitted for a special exception will meet all of the following general standards as well as any specific standards or conditions listed for the proposed use in § 120-4.2.3:
(1) 
The establishment, maintenance and operation of the special exception will not be detrimental to or endanger the public health, safety, or general welfare.
(2) 
The special exception shall be such that it will be harmonious in character as well as appropriate in appearance with and will not be injurious to the use and enjoyment of other property in the neighborhood for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
(3) 
The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding properties for the uses permitted in the district.
(4) 
Adequate utilities, public water and sewer facilities, access roads, drainage and all necessary facilities have been or are being provided.
(5) 
The special exception shall be such that pedestrian and vehicle traffic associated with such use will not be hazardous to or unduly conflict with the existing and anticipated traffic in the neighborhood.
(6) 
The establishment, maintenance and operation of the special exception are consistent with the Comprehensive Plan.
E. 
Burden of proof. The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact that are to be determined by the Board of Appeals.
F. 
Conditions and restrictions. The Board of Appeals, in approving a special exception, may impose such conditions and restrictions upon the proposed use as it may deem necessary in the public interest to secure compliance with the provisions of this chapter and to promote implementation of the Comprehensive Plan.
G. 
Application procedure.
(1) 
The Board shall not grant a special exception unless and until a written application is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.
(2) 
Applications for a special exception shall be submitted to the Zoning Administrator. The application shall be completed and shall be accompanied by information which will be necessary to evaluate a given proposed category or use. The Zoning Administrator, upon receipt of a properly completed and documented application, shall refer the application along with pertinent evaluation material to the Board.
(3) 
The Board of Appeals shall not grant a special exception unless and until the Planning Commission has reviewed the application and has first made a favorable recommendation to the Board.
(4) 
An application for a special exception may be made by a property owner, lessee or contract purchaser. A lessee or contract purchaser must file with the application a copy of the contract or some form of written statement which indicates endorsement of the application by the property owner.
H. 
Processing and public hearing requirement. The Board of Appeals shall process all applications for special exception in accordance with the provisions and public hearing requirements provided in § 120-2.3.1 of this chapter.
I. 
Termination or revocation.
(1) 
Unless a time limit is specified for a special exception, the same shall be valid for an indefinite period of time, except that, if the use or activity should cease for any reason for a continuous period of one year, the special exception shall automatically terminate without notice. The approval of a new special exception shall be required prior to any subsequent reinstatement of the use.
(2) 
A special exception shall be revocable on the order of the Board of Appeals at any time because of the failure of the owner or operator of the use covered by the exception to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions in connection with the exception that were designated in issuing the same. Before revoking any special exception, however, the Board of Appeals shall give the holder thereof at least 10 days' written notice of violation. If within 10 days the exception holder so requests, the Board of Appeals shall hold a hearing on the revocation of the exception, giving the applicant advance written notice of the hearing date.
(3) 
The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations.
[Added 9-9-2013 by Ord. No. 08.12.2013; amended 5-22-2023 by Ord. No. 2023-003]
The following information shall be submitted with zoning permit and building permit applications:
A. 
For retail and wholesale businesses (to determine status as formula business): articles of incorporation, lease (if applicable), franchise agreement (if applicable), trade name registration, building elevation drawings, sign design, employee uniform policies, menu, management agreement (if applicable), and business affiliation/franchise certification letter issued by the Town Clerk-Treasurer.
[Added 9-9-2013 by Ord. No. 08.12.2013]
Any person, firm, or corporation that violates any of the provisions of this chapter by allowing an impermissible use on the land or by constructing or altering any building not in accordance with a plan approved under the regulations herein, or defaces, removes or destroys an official warning, safety or stop work sign, or who interferes with or threatens, in any manner, any person engaged in the performance of a duty required by the terms of this chapter shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $500 or imprisonment not to exceed 90 days, or both fine and imprisonment. Each day such violation continues shall constitute a separate offense.