A. 
Continuation of existing uses.
(1) 
The continuation, but not necessarily the intensification or expansion, of any use in existence on August 8, 1988, may be permitted, unless the use has been abandoned for more than one year or is otherwise restricted by existing municipal ordinances.
(2) 
If any existing use does not conform to the provisions of this Part 8, its intensification or expansion may be permitted only in accordance with the variance procedures in § 120-8.5.2.
B. 
Residential density on grandfathered lots. Except as otherwise provided, the following types of land are permitted to be developed with a single-family dwelling, if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the density provisions of this Part 8:
(1) 
A legal parcel of land, not being part of a recorded or approved subdivision that was recorded as of December 1, 1985.
(2) 
Land that received a building permit subsequent to December 1, 1985, but prior to August 8, 1988.
(3) 
Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval between June 1, 1984, and December 1, 1985.
(4) 
Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval after December 1, 1985, and provided that either development of any such land conforms to the IDA, LDA or RCA requirements in this Part 8 or the area of the land has been counted against the growth allocation permitted under this Part 8.
C. 
Implementation.
[Amended 7-11-2022 by Ord. No. 2022-001]
(1) 
For purposes of implementing this regulation, a local jurisdiction shall have determined, based on land uses and development in existence on December 1, 1985, which land areas fall within the three types of development areas described in this Part 8.
(2) 
Nothing in this section may be interpreted as altering any requirements of this Part 8 related to water-dependent facilities or Habitat Protection Areas.
A. 
Applicability. Chesapeake City has established provisions where, owing to special features of a site or other circumstances, implementation of this Part 8 or a literal enforcement of provisions within this Part 8 would result in unwarranted hardship to an applicant, a Critical Area variance may be obtained.
(1) 
In considering an application for a variance, the Board of Appeals shall presume that the specific development activity in the Critical Area that is subject to the application and for which a variance is required does not conform to the general purpose and intent of Natural Resources Article Title 8, Subtitle 18, of the Annotated Code of Maryland, COMAR Title 27, and the requirements of this Part 8.
(2) 
"Unwarranted hardship" means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
B. 
Standing. In accordance with Natural Resources Article, § 8-1808(d)(2), Annotated Code of Maryland, if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.
[Added 7-11-2022 by Ord. No. 2022-001]
C. 
Standards. The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met:
(1) 
Special conditions or circumstances exist that are peculiar to the land or structure involved and that a literal enforcement of provisions and requirements of this Part 8 would result in unwarranted hardship;
(2) 
A literal interpretation of the provisions of this Part 8 will deprive the applicant of the use of land or a structure permitted to others in accordance with the provisions of this Part 8;
(3) 
The granting of a variance will not confer upon an applicant any special privilege that would be denied by this Part 8 to other lands or structures in accordance with the provisions of the local Critical Area program;
[Amended 7-11-2022 by Ord. No. 2022-001]
(4) 
The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property; and
(5) 
The granting of a variance shall not adversely affect water quality or adversely impact fish, wildlife or plant habitat within the Critical Area and the granting of the variance will be in harmony with the general spirit and intent of the Critical Area Law[1] and this Part 8.
[1]
Editor's Note: See Title 8, Subtitle 18, of the Natural Resources Article of the Annotated Code.
D. 
Process. Applications for a variance will be made in writing to the Board of Appeals with a copy provided to the Critical Area Commission. The Board of Appeals shall follow its established procedures for advertising and notification of affected landowners.
(1) 
After hearing an application for a Critical Area variance, the Board of Appeals shall make written findings reflecting analysis of each standard.
(2) 
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the Board of Appeals shall consider that fact.
(3) 
The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A above.
(4) 
The Board of Appeals shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request.
E. 
Findings. Based on competent and substantial evidence, the Board of Appeals shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in Subsection A above and, if applicable, Subsection C above. With due regard for the person's technical competence and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:
(1) 
The applicant;
(2) 
Town officials or staff or any other government agency; or
(3) 
Any other person deemed appropriate by the Board of Appeals.
F. 
Appeals. Appeals from decisions concerning the granting or denial of a variance under this chapter shall be taken in accordance with all applicable laws and procedures for variances. Variance decisions by the Board of Appeals may be appealed to the circuit court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation or governmental agency aggrieved or adversely affected by any decision made under this Part 8.
G. 
Conditions and mitigation. The Board of Appeals shall impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of this Part 8 is maintained, including but not limited to the following:
(1) 
Adverse impacts resulting from the granting of the variance shall be mitigated as recommended by the Planning Commission, but not less than by planting on the site at the rate of at least three to one per square foot of the variance granted.
(2) 
New or expanded structures or lot coverage shall be located the greatest possible distance from mean high water, the landward edge of tidal wetlands, tributary streams, nontidal wetlands, or steep slopes.
H. 
Commission notification. Within 10 working days after a written decision regarding a variance application is issued, a copy of the decision will be sent to the Critical Area Commission. No permit for the activity that was the subject of the application will be issued until the applicable thirty-day appeal period has elapsed.
I. 
After-the-fact requests.
[Added 7-11-2022 by Ord. No. 2022-001]
(1) 
A local jurisdiction may not accept an application for a variance to legalize a violation of this Part 8, including an unpermitted structure or other development activity, until the local jurisdiction:
(a) 
Issues a notice of violation; and
(b) 
Assesses an administrative or civil penalty for the violation.
(2) 
Chesapeake City may not approve an after-the-fact variance unless an applicant has:
(a) 
Fully paid all administrative, civil and criminal penalties imposed under Natural Resources Article, § 8-1808(c)(l)(iii)14 and 15 and (2)(i), Annotated Code of Maryland;
(b) 
Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and
(c) 
Performed the abatement measures in the approved plan in accordance with the local Critical Area Program.
(3) 
If the Board denies the requested after-the-fact variance, then Chesapeake City shall:
(a) 
Order removal or relocation of any structure; and
(b) 
Order restoration of the affected resources.
A. 
Applicability. The provisions of this section apply to a consolidation or a reconfiguration of any nonconforming legal grandfathered parcel or lot. These provisions do not apply to the reconfiguration or consolidation of parcels or lots which are conforming or meet all Critical Area requirements. Nonconforming parcels or lots include:
(1) 
Those for which a Critical Area variance is sought or has been issued; and
(2) 
Those located in the Resource Conservation Area and are less than 20 acres in size.
B. 
Procedure. An applicant seeking a parcel or lot consolidation or reconfiguration shall provide the information required in COMAR 27.01.02.08E to the Town.
[Amended 7-11-2022 by Ord. No. 2022-001]
(1) 
Chesapeake City will not approve a proposed parcel or lot consolidation or reconfiguration without making written findings in accordance with COMAR 27.01.02.08F.
(2) 
The Planning Commission shall issue a final written decision or order granting or denying an application for a consolidation or reconfiguration. After a final written decision or order is issued, the Planning Commission shall send a copy of the decision or order and a copy of any approved development plan within 10 business days by U.S. mail to the Critical Area Commission's business address.
A. 
Amendments. The Mayor and Council may from time to time amend the Critical Area provisions of this Part 8. Changes may include, but are not limited to, amendments, revisions, and modifications to this chapter, Critical Area Maps, implementation procedures, and local policies that affect Chesapeake City's Critical Area. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law, § 8-1809(i) and (d), respectively, of the Natural Resources Article of the Annotated Code of Maryland.
B. 
Zoning Map amendments. Except for program amendments or program refinements developed during a six-year comprehensive review, a Zoning Map amendment may only be granted by the Mayor and Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a Zoning Map that meet the following criteria:
(1) 
They are wholly consistent with the land classifications as shown on the adopted Critical Area Overlay Map; or
(2) 
The use of growth allocation in accordance with the growth allocation provisions of this Part 8 is proposed.
C. 
Process.
(1) 
When an amendment is requested, the applicant shall submit the amendment to the Planning Commission for review and research. Upon completing findings of fact, these documents shall be forwarded to the Mayor and Council.
(2) 
The Mayor and Council shall hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. At least 14 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in Chesapeake City.
(3) 
After the Mayor and Council approve an amendment, they shall forward their decision and applicable resolutions along with the amendment request to the Critical Area Commission for final approval.
A. 
Consistency. The Critical Area provisions of this Part 8, in accordance with the Critical Area Act[1] and criteria, supersede any inconsistent law, ordinance or plan of Chesapeake City. In the case of conflicting provisions, the stricter provisions shall apply.
[1]
Editor's Note: See Title 8, Subtitle 18, of the Natural Resources Article of the Annotated Code.
B. 
Violations.
(1) 
No person shall violate any provision of this Part 8. Each violation that occurs and each calendar day that a violation continues shall be a separate offense.
(2) 
Each person who violates a provision of this Part 8 shall be subject to separate administrative civil penalties, abatement and restoration orders, and mitigation for each offense.
(3) 
Noncompliance with any permit or order issued by the Town related to the Critical Area shall be a violation of this Part 8 and shall be enforced as provided herein.
C. 
Responsible persons. The following persons may each be held jointly or severally responsible for a violation: persons who apply for or obtain any permit or approval, contractors, subcontractors, property owners, managing agents, or any person who has committed, assisted, or participated in the violation.
D. 
Required enforcement action. In the case of violations of this Part 8, the Town shall take enforcement action including:
(1) 
Assessing administrative civil penalties as necessary to cover the costs associated with performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans;
(2) 
Issuing abatement, restoration, and mitigation orders as necessary to:
(a) 
Stop unauthorized activity; and
(b) 
Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits.
(3) 
Requiring the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.
E. 
Right to enter property. Except as otherwise authorized and in accordance with the procedures specified herein, the Mayor and Council or their designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the Town has probable cause to believe that a violation of this Part 8 has occurred, is occurring, or will occur. Town officials shall make a reasonable effort to contact a property owner before obtaining access to or enter the property. If entry is denied, the Town may seek an injunction to enter the property to pursue an enforcement action.
F. 
Administrative civil penalties. In addition to any other penalty applicable under state or Town law, every violation of a provision of Natural Resources Article Title 8, Subtitle 18, or Critical Area provisions of this Part 8 shall be punishable by a civil penalty of up to $10,000 per calendar day.
(1) 
Before imposing any civil penalty, the person(s) believed to have violated this Part 8 shall receive written notice of the alleged violation(s), including which, if any, are continuing violations, and an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, the Town shall consider:
(a) 
The gravity of the violation;
(b) 
The presence or absence of good faith of the violator;
(c) 
Any willfulness or negligence involved in the violation including a history of prior violations;
(d) 
The environmental impact of the violation; and
(e) 
The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to Chesapeake City for performing, supervising, or rendering assistance to the restoration and mitigation.
(2) 
Administrative civil penalties for continuing violations shall accrue for each violation, every day each violation continues, with no requirements for additional assessments, notice, or hearings for each separate offense. The total amount payable for continuing violations shall be the amount assessed per day for each violation multiplied by the number of days that each violation has continued.
(3) 
The person responsible for any continuing violation shall promptly provide the Town with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for Town inspection to verify compliance. Administrative civil penalties for continuing violations continue to accrue as set forth herein until the Town receives such written notice and verifies compliance by inspection or otherwise.
(4) 
Assessment and payment of administrative civil penalties shall be in addition to and not in substitution for recovery by the Town of all damages, costs, and other expenses caused by the violation.
(5) 
Payment of all administrative civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this Part 8.
G. 
Cumulative remedies. The remedies available to the Town under this Part 8 are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others.
H. 
Injunctive relief.
(1) 
The Town may institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this Part 8, an administrative order, a permit, a decision, or other imposed condition.
(2) 
The pendency of an appeal to the Board of Appeals or subsequent judicial review shall not prevent the Town from seeking injunctive relief to enforce an administrative order, permit, decision, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review.
I. 
Variances pursuant to a violation. The Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this Part 8 or any provisions of an order, permit, plan, or this article in accordance with the variance provisions of this Part 8. However, the application shall not be reviewed nor shall a final decision be made until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town.
J. 
Permits pursuant to a violation.
(1) 
The Town will not issue any permit, approval, variance, or special exception unless the person seeking the permit has:
(a) 
Fully paid all administrative, civil, or criminal penalties as set forth in § 120-8.5.5F above;
(b) 
Prepared a restoration or mitigation plan, approved by the Town, to abate impacts to water quality or natural resources as a result of the violation; and
(c) 
Performed the abatement measures in the approved plan in accordance with all Town regulations.
(2) 
Unless an extension of time is approved by the Town because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed.
K. 
Appeals. An appeal to the Board of Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by the Town in connection with the administration and enforcement of this Part 8.
(1) 
An appeal is taken by filing a written notice of appeal with the Board of Appeals in accordance with the provisions of this Part 8 and accompanied by the appropriate filing fee;
(2) 
An appeal must be filed within 30 days after the date of the decision or order being appealed; and
(3) 
An appeal stays all actions by the Town seeking enforcement or compliance with the order or decisions being appealed, unless the Town certifies to the Board of Appeals that (because of facts stated in the certificate) such stay will cause imminent peril to life or property. In such a case, action by the Town shall not be stayed except by order of a court on application of the party seeking the stay.