Title 21 of the Annapolis City Code, Chapter 21.02 through Chapter 21.72, will be cited and referred to as the "Zoning Code of the City of Annapolis" or the "Zoning Code."

(Ord. O-1-04 Revised (part), 2005)

The City Council of the City of Annapolis adopts this Zoning Code pursuant to the Land Use Article, of the Annotated Code of Maryland, as amended, and other relevant authorities and provisions of Maryland statutory and common law.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-28-13, § I, 10-28-2013)

The Zoning Code is adopted for the purpose of promoting the public health, safety and general welfare of the citizens of the City of Annapolis. Additional specific purposes of the Zoning Code are as follows:

A.

To promote the public comfort, convenience and prosperity.

B.

To ensure the integrity of, and help implement, the Comprehensive Plan.

C.

To foster a more rational pattern of relationships among different types of land uses for the mutual benefit of all.

D.

To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

E.

To avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion and reduction of flood damage.

F.

To lessen and relieve street congestion.

G.

To secure safety from fire and other dangers.

H.

To provide adequate standards of light, air and open space.

I.

To prevent the overcrowding of land and buildings and thereby to ensure proper living and working conditions and to prevent blight.

J.

To avoid undue concentration of population.

K.

To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

L.

To maintain and protect residential, business, commercial and manufacturing areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be changed to inappropriate uses.

M.

To protect those community facilities which require a residential environment and which provide essential health and welfare services for residents.

N.

To protect and provide locations for Federal, State, County and municipal governmental buildings and their various departments and related activities.

O.

To preserve the historic and the general environment of the historic district.

P.

To fix reasonable standards to which buildings and structures shall conform.

Q.

To prevent additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed in this Zoning Code.

R.

To provide for adequate off-street parking and loading areas.

S.

To isolate or control the location of unavoidable nuisance-producing uses.

T.

To define the powers and duties of the administrative and enforcement officers and bodies.

U.

To prescribe penalties for any violations of the provisions of this Zoning Code.

V.

To promote appropriate use of waterfront properties.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-13-21, § I, 9-13-2021)

The Zoning Code will apply to all of the land area within the corporate limits of the City of Annapolis, as indicated on the Zoning Map provided for in Chapter 21.06. Except as expressly provided in this Zoning Code, no activity governed by the Zoning Code may be undertaken without the approvals, if any, required pursuant to the provisions of this Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

A.

The provisions of the Zoning Code are the minimum requirements for the promotion of the public health, safety and general welfare.

B.

Where the requirements imposed by any provision of the Zoning Code are at variance with the requirements of any other lawfully adopted ordinance, rules, or regulation of any kind, the requirement that is most restrictive or that imposes a higher standard shall govern.

C.

The issuance of any permit or approval in accordance with the requirements of the Zoning Code is not intended to relieve the recipient of such permit or approval from the responsibility of complying with all other applicable requirements of any other City Engineer, County, State or Federal law or regulation.

(Ord. O-1-04 Revised (part), 2005)

If any provision of the Zoning Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

A.

This Zoning Code is organized into six divisions as described below and includes different types of zoning districts and regulations for the use and development of land as described in this section.

A.

Structure of the Zoning Code.

The Zoning Code consists of the following:

Division I: General Provisions;

Division II: Administration and Enforcement;

Division III: Base District Regulations;

Division IV: Overlay District Regulations;

Division V: Regulations of General Applicability;

Division VI: General Terms and Rules of Measurement.

B.

Types of Zoning Districts in the Zoning Code. This Zoning Code establishes two types of zoning districts: (1) base zoning districts, and (2) overlay districts. Regulations pertaining to Base Zoning Districts are found in Division III. Regulations pertaining to Overlay Districts are found in Division IV.

C.

Types of Regulations in the Zoning Code. The following types of regulations are contained in this Zoning Code:

1.

Administration. These provisions include a description of decision making bodies and officials, general application procedures and fees; and procedures for administrative interpretations, decisions by the Planning and Zoning Director, Planning Commission, Board of Appeals, Historic Preservation Commission and City Council. These administrative provisions appear in Division II, Administration and Enforcement.

2.

Enforcement. These provisions contain the remedies available to the City to enforce this Zoning Code. These provisions appear in Division II, Administration and Enforcement.

3.

Land Use Regulations. Land use regulations for each base zoning district specify land uses permitted by right, or uses allowed subject to standards, or uses allowed after obtaining a special exception. The regulations include special requirements applicable to specific uses. Land use regulations for all base districts appear in Division III and land use regulations applicable to overlay districts appear in Division IV.

4.

Development Standards. Development standards control the height, size, location and other aspects of structures and uses on sites intended for development. Development standards for each zoning district appear in Division III and supplemental use and development standards are presented in Division V.

5.

Definitions. Division VI, General Terms, includes a summary list, with cross-references, of definitions for terms used in this Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

The Zoning Code and any amendments to the Zoning Code shall become effective on the date of approval by the City Council, except that if the date of City Council approval is less than ten days after the close of the City Council's public hearing on the Zoning Code or amendments, the effective date of the amendment shall be ten days after the close of the public hearing on the Zoning Code or amendments.

(Ord. O-1-04 Revised (part), 2005)

A.

Building Permit. Where a building permit for a building or structure or designated use has been issued in accordance with the zoning provisions in effect prior to the effective date of this Zoning Code, if construction is begun within six months of the date of issuance of that building permit and diligently proceeds to completion, the building or structure may be completed in accordance with the building permit and approved plans. Upon completion, a building may be occupied under a certificate of occupancy by the designated use for which the building permit was issued.

B.

Other Permits and Approvals. Where a permit or approval has been issued in accordance with the zoning provisions in effect prior to the effective date of this Zoning Code, nothing in this Zoning Code shall require a change in a permit or approval, provided that a building permit is issued prior to the expiration of that permit or approval and construction begins consistent with the terms and conditions of the building permit and other permits or approvals and proceeds to completion in a timely manner. Permits or approvals issued in accordance with the zoning provisions in effect prior to the effective date of this Zoning Code may be extended in conformance with the procedures established in Division II.

(Ord. O-1-04 Revised (part), 2005)

For the purpose of this Zoning Code the City is organized into the following zoning districts:

A.

Residence districts:

B.

Commercial and industrial districts:

C.

Office and mixed use districts:

D.

Waterfront maritime districts:

E.

Overlay districts:

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

The location and boundaries of the zoning districts of this Zoning Code are established as shown on the zoning map entitled "City of Annapolis Zoning District Map," which is incorporated in this section and made a part of this Zoning Code. The map, together with everything shown on the map and all amendments to the map, is as much a part of this Zoning Code as though fully set forth and described in this Zoning Code.

(Amended during 2007 edition: Ord. O-30-05 Revised Attach., 2006: Ord. O-11-05 Revised Amended § 1 (part), 2005: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-18-09, § I, 6-8-2009; Ord. No. O-67-09, § I, 5-24-2010; Ord. No. O-34-14, § I, 1-26-2015; Ord. No. O-41-15, § I, 1-11-2016)

The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning map:

A.

District boundary lines are the shorelines, centerlines of highways, streets, alleys or other right-of-way lines of railroads, tract and lot lines; or these lines extended unless otherwise indicated.

B.

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of the strips shall be in accordance with dimensions shown on the map measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from center lines of streets or highways, or railroad rights-of-way, unless otherwise indicated.

(Ord. O-1-04 Revised (part), 2005)

Where a zoning district boundary divides a tract in single ownership, the Board of Appeals, in accordance with the procedures established in Division II, Chapter 21.20 may approve an application to extend the regulations for the majority of the tract to any contiguous portion of the tract.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-26-17, § I, 10-23-2017)

On land annexed to or consolidated with the City after the effective date of this Zoning Code, no building or structure shall be erected, enlarged or moved and no change in the use of land or existing buildings or structures shall be made until an ordinance designating the zoning district classification of the annexed land is adopted by the City Council. If in acting favorably on the annexation petition, the City Council does not designate the zoning district classification, then within forty days of the annexation, the Planning Commission shall file an application for an amendment to establish the zoning district classification of the land. However, if no action is taken regarding the classification of annexed land within ninety days of the date of annexation, the land shall acquire the R1 district classification and shall remain in that zone until properly reclassified.

(Ord. O-1-04 Revised (part), 2005)