A. 
Establishment. It shall be the duty of the Zoning Administrator to administer and enforce this chapter and to take all actions that are required by this chapter.
B. 
Enforcement. If the Zoning Administrator finds that this chapter is being violated, he/she shall notify in writing the person responsible for such violations, indicate the nature of the violation and order action necessary to correct it. The Zoning Administrator shall:
(1) 
Order discontinuance of the illegal use of land, buildings, or structures;
(2) 
Order removal of illegal buildings or structures or of additions, alterations, or structural changes thereto;
(3) 
Order discontinuance of any illegal work being done; or
(4) 
Take any other action authorized to ensure compliance or to prevent violation.
C. 
Issuance of permits. The Zoning Administrator shall issue permits for the erection, construction, addition, demolition, moving or structural alteration of buildings and structures and for the use of land.
[Amended 12-8-2014 by Ord. No. 11052014; 7-13-2020 by Ord. No. 2020-004; 8-14-2023 by Ord. No. 2023-002; 5-22-2023 by Ord. No. 2023-003]
(1) 
"Level 1 permits" shall be defined as projects having a minor zoning impact and shall include, but not be limited to: fences, walls, siding, windows, roofs, steps, stairs, solar panels, signs, water and/or sewer service change, and demolition.
(2) 
"Level 2 permits" shall be defined as projects having a major zoning impact and shall include, but not be limited to: additions, new structure or building, accessory structure, renovation, pool, deck, porch, paver patio, driveway, parking lot, or change of use.
(3) 
Level 2 applications for permits for projects in which the value of the work to be performed exceeds $7,500 shall be referred to the Planning Commission. The Planning Commission shall promptly review such applications and make a recommendation regarding approval or disapproval. The Planning Commission may not issue a permit unless such permit is approved by a majority vote as set forth in § 120-2.1.2D(5) herein. All Level 1 applications for permits regardless of value, as well as Level 2 applications for permits for projects in which the value of work does not exceed $7,500, need not be referred to the Planning Commission and permits may be issued by the Zoning Administrator without Planning Commission approval unless the Zoning Administrator requests Planning Commission review, or unless Planning Commission approval is specifically required by a provision of this chapter.
(4) 
No building or other structure shall be erected, moved, added to, or structurally altered, or use of land shall be changed, without a permit authorizing such work.
(5) 
No permit shall be issued except in conformity with this chapter.
D. 
Notice to Critical Area Commission. When the Town receives an application for any development, subdivision, site plan, rezoning, special exception, variance, or timber harvesting pertaining to land in the critical area, the Zoning Administrator shall send official notification thereof and a copy of the application to the Critical Area Commission, except that referral to the Critical Area Commission shall not be required when:
[Amended 5-22-2023 by Ord. No. 2023-003]
(1) 
The proposed structure is no greater than 250 square feet in size.
(2) 
The proposed structure is a single-family house.
E. 
Appeals. Any person or agency aggrieved or affected by a decision of the Zoning Administrator may appeal such decision to the Board of Appeals per § 120-2.2.6 of this chapter.
A. 
Establishment. The Planning Commission shall have the authority to:
(1) 
Prepare and recommend a Comprehensive Plan for the Town of Chesapeake City and review and update, as needed, the plan at least once every 10 years;
[Amended 5-22-2023 by Ord. No. 2023-003]
(2) 
Advise the Mayor and Council on all matters relating to the orderly planning and growth of the Town.
[Amended 5-22-2023 by Ord. No. 2023-003]
(3) 
Prepare and recommend amendments to this chapter, including the Official Zoning Map;
(4) 
Review and make recommendations to the Board of Appeals on special exceptions based on findings of fact;
(5) 
Review proposed public facilities for consistency with the Comprehensive Plan and, prior to the Town's adoption or amendment, review and make a recommendation on the Capital Improvements Plan;
[Amended 5-22-2023 by Ord. No. 2023-003]
(6) 
Review and decide on Category 1 site plans as provided for in § 120-3.1.3 of this chapter;
(7) 
Review and decide on requests for certain modifications to site plan requirements including parking, landscaping, and building design modification;
(8) 
Review and decide on subdivision plats;
(9) 
Prepare, adopt, and distribute an annual report; and
(10) 
Conduct other activities and duties as set forth in this chapter, or as requested by the Mayor and Council, or and as provided for by the Land Use Article of the Annotated Code of Maryland.
[Amended 5-22-2023 by Ord. No. 2023-003]
B. 
Membership.
[Amended 11-13-2012 by Ord. No. 10.9.2012]
(1) 
The Planning Commission shall consist of seven members, who are residents of the Town. All members shall be appointed by the Town Council.
(2) 
One member shall be a member of the Town Council, who shall serve in an ex officio capacity, and shall be a voting member. The term of this member shall correspond to the member's official term as a member of the Town Council. The term on the Planning Commission of the member of the Town Council shall cease at such time the member's current term on the Town Council ends. The Town Council may reappoint the Councilmember to the Planning Commission in the event the Councilmember is reelected to a subsequent term on the Town Council.
(3) 
Members, other than the member of the Town Council serving in an ex officio capacity, shall be appointed for five-year terms and terms of appointment shall be staggered. Notwithstanding the above, the term of a Planning Commission member who is elected to the Town Council during that member's term shall end upon the member's swearing in as a member of the Town Council.
(4) 
Vacancy in membership for an unexpired term shall be filled for the unexpired term by appointment by the Town Council. The Town Council shall consider a recommendation from the Planning Commission if one is provided.
C. 
Officers.
(1) 
The Commission shall elect from its membership a Chairperson and Vice Chairperson, annually.
(2) 
The terms of the officers shall be one year, with eligibility for reelection.
D. 
Meetings.
(1) 
The Planning Commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action on all complete applications in an expeditious manner. The Planning Commission shall hold meetings quarterly or more often as the Planning Commission's duties require. If there is no business before the Planning Commission, the Chairperson may cancel the meeting. The Planning Commission shall hold regular meetings at a regular schedule to conduct the business to be brought before it and shall at least meet every three months or four times per year.
(2) 
Special meeting of the Commission may be called by the Chairperson.
(3) 
All Commission meetings shall be open to the public.
(4) 
Four members of the Commission shall constitute a quorum.
(5) 
No action of the Commission shall be valid unless authorized by a majority vote of those present and voting.
(6) 
The Chairperson and Vice Chairperson may take part in all deliberations and vote on all items.
E. 
Proceedings of the Planning Commission.
(1) 
The Commission shall adopt written rules necessary to the conduct of its affairs.
(2) 
All meetings shall be open to the public.
(3) 
The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record.
(4) 
Decisions based on findings of fact. All decisions of the Planning Commission, whether favorable or unfavorable to the applicant, shall be based on and supported by written findings of fact pertaining to the case under review. No decision of the Planning Commission shall be final until the written decision of the Commission is signed and filed.
F. 
Modifying the provisions of this chapter. The Planning Commission may, upon the review of a site plan, but only where and as so provided in this chapter, modify certain provisions upon its finding that such modification is the minimum necessary to faithfully implement the purposes of this chapter and implement the adopted Comprehensive Plan. This authority is distinctly different from the authority to grant a variance as provided in § 120-2.2.5, which authority rests solely with the Board of Appeals.
G. 
Appeals. Any person aggrieved by a decision of the Planning Commission and desiring to appeal such decision may file a petition for judicial review through the Circuit Court of Cecil County.
A. 
Establishment. The Board of Appeals shall have the authority to:
(1) 
Hear and decide appeals from any order, requirement, decision, action, or determination made by the Zoning Administrator. The Board may 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. The Board of Appeals is only authorized to hear and decide on appeals of the Zoning Administer and no other agency or body.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2) 
Hear and decide special exceptions that have first obtained a favorable recommendation from the Planning Commission as authorized under § 120-2.2.7 of this chapter.
(3) 
Authorize a variance from the terms of this chapter as provided for in § 120-2.2.5 of this chapter.
B. 
Membership.
(1) 
The Board shall consist of five members who are residents or property owners in the Town. The Town Council shall appoint the members.
(2) 
Members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term.
(3) 
The Town Council shall designate one alternate member for the Board of Appeals who may be empowered to sit with the Board in the absence of any member of the Board, and when the alternate is absent the Town Council may designate a temporary alternate.
C. 
Proceedings of the Board of Appeals.
(1) 
The Board shall adopt rules necessary to the conduct of its affairs. Meetings shall be held at the call of the Chairperson. The Chairperson or, in his/her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses.
(2) 
All meetings shall be open to the public.
(3) 
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record.
(4) 
Decisions based on findings of fact. All decisions of the Board, whether favorable or unfavorable to the applicant, shall be based on and supported by written findings of fact pertaining to the case under review. No decision of the Board shall be final until the written decision of the Board is signed and filed.
D. 
Special procedural provisions.
(1) 
The concurring vote of the majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(2) 
If any application or request is disapproved by the Board, thereafter the Board shall not accept application for substantially the same proposal on the same property for a period of one year from the date of such disapproval.
(3) 
If an appeal to the Board is filed and the public hearing date set and public notice given, and thereafter the applicant withdraws the appeal, the applicant shall not file another application for substantially the same proposal on the same property for a period of one year from the date of withdrawal.
A. 
Establishment. The Historic District Commission shall have the authority to:
(1) 
Hear applications for development activities within the Historic District and to adopt and file with the Planning Commission certificates of approval or rejection of the same.
(2) 
Purchase architectural easements.
B. 
Membership.
(1) 
The Mayor and Town Council shall appoint the members of the Commission.
(2) 
The Commission shall consist of seven members, all of whom, insofar as is possible, are qualified by special interest, knowledge or training in such fields as history, architecture, preservation or urban design.
(3) 
All of the Commission members shall be residents of the Town. At least three of the members shall be residents of the Historic District Area. Effective with the first vacancy on the Commission upon adoption of this chapter, one member shall be a sitting member of the Town Council.
(4) 
Members of the Commission shall be appointed for a three-year term. Any vacancy on the Historic District Commission shall be filled by the Mayor and Town Council for the unexpired term.
[Amended 5-22-2023 by Ord. No. 2023-003]
C. 
Proceedings of the Historic District Commission.
(1) 
The Commission shall adopt rules of procedure as needed to conduct its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson.
(2) 
The Commission shall organize annually and, by election, shall select from its membership a Chairperson, Vice Chairperson and a Secretary.
(3) 
Meetings shall be open to the public.
(4) 
Any interested person is entitled to appear and to be heard by the Commission before it reaches a decision on any matter.
(5) 
The Historic District Commission shall keep an open record of its resolutions, proceedings, and actions which shall be kept available for public inspection during reasonable business hours.
(6) 
Four members of the Commission shall constitute a quorum for the transaction of business, and a majority vote of the members present shall control the action of the Commission.
D. 
Decisions based on findings of fact. All decisions of the Commission, whether favorable or unfavorable to the applicant, shall be based on and supported by written findings of fact pertaining to the case under review. No decision of the Commission shall be final until the written decision of the Commission is signed and filed.
A. 
General duties of Mayor and Town Council. The duties of the Mayor and Town Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise.
B. 
Specific duties of Mayor and Town Council. Under this chapter, the Mayor and Town Council shall have the following duties:
(1) 
To consider and decide on proposed amendments or the repeal of this chapter, as provided by law.
(2) 
To consider and decide on annexation petitions upon receiving a recommendation from the Planning Commission per § 120-3.4.1 of this chapter.
(3) 
To enter into public works agreements and other development agreements as necessary and allowed by law to implement this chapter.
(4) 
To establish a Schedule of Fees, fees-in-lieu, and charges.
(5) 
To appoint qualifying members of commissions and boards.
(6) 
To remove any member of a commission or board established by this chapter for inefficiency, neglect of duty, or malfeasance in office after providing written notice of charges and conducting a public hearing.