This chapter is intended to promote the health, safety and general welfare of the public; to facilitate the creation of a convenient, attractive and harmonious Town; to preserve the character of the Town by preventing the harmful effects of prejudicial uses; to conserve properties and their value; to encourage the appropriate uses of land and the appropriate redevelopment of existing uses; to prevent environmental pollution; and to implement the adopted Chesapeake Beach Comprehensive Plan for the orderly and controlled growth of the Town.

Furthermore, this chapter is intended to limit, regulate, and restrict the location, height, bulk, and size of buildings and other structures; building lines, minimum frontages, depths and areas of lots, and percentages of lots which may be occupied; the side of yards, courts, and other open spaces; the erection of temporary stands and structures; the density and distribution of population; the uses of land, buildings, structures and premises for trade, industry, residence, recreation, agriculture, public activities, and other purposes within the Town of Chesapeake Beach; to divide the Town of Chesapeake Beach into districts, shown on a set of maps, adopted as part of this chapter and entitled "Zoning Map of the Town of Chesapeake Beach in Calvert County, Maryland," and to impose, in each of said districts, regulations designating the kinds of classes of trades, industries, residences, or other purposes for which land may be used or buildings and other structures may be erected, altered, or used and within the districts to regulate the location, height, bulk, and size of buildings and other structures; building lines, minimum frontages, depths and areas of lots, courts, and other open spaces; the erection of temporary stands and structures; the density and distribution of population; and to provide for the administration of this chapter, for fees for services in connection therewith, and for the enforcement of these regulations.

The purpose of this chapter is the promotion of the public health, safety, morals, and the general welfare by:

The further purpose of this chapter is to establish zoning districts and regulations governing the development and use of land in the incorporated area within Chesapeake Beach, in accordance with the provisions of the Land Use Article of the Annotated Code of Maryland, and Natural Resources Article § 8-1808(d), Annotated Code of Maryland, as amended, Subtitle 18, Chesapeake Bay Critical Area Commission Criteria for Local Critical Area Program Development, Annotated Code of Maryland, and the Town of Chesapeake Beach Chesapeake Bay Critical Area Protection Program (hereinafter "the Town Critical Area Protection Program"), as amended, to provide for regulations governing nonconforming uses and structures; to delegate duties and responsibilities to the Planning and Zoning Commission; to provide for a Board of Appeals and its powers and duties; to provide for permits; to provide for the collection of fees; to provide for administration of this chapter; to provide penalties for the violation of this chapter; and other matters generally related thereto.

Territorial application. The provisions of this chapter shall apply to all land and all improvements in the incorporated boundaries of the Town of Chesapeake Beach, Maryland.

Land. Where land is subdivided, the division shall be effected in a manner that will not violate the provisions of this chapter.

Yards.

Improvements.

Uses in critical area. No person shall develop, alter, or use any land for residential, commercial, industrial or institutional uses, nor conduct agricultural, fishery or forestry activities in the Chesapeake Beach Critical Area, except in compliance with the applicable provisions contained herein, and with all the requirements set out in the Critical Area Program. To ensure this end, no development or resource utilization activity shall be permitted until the Town Planning Commission shall make specific findings as to whether the proposed development or activity is within the Critical Area and, if so, whether it is consistent with the goals and objectives of the Chesapeake Beach Critical Area Program, and shall have issued a certificate of compliance with the Critical Area Program certifying same.

Limited grandfathering. All preliminary plan approvals, which for the purpose of this section shall include preliminary site plan approvals and conditional preliminary subdivision plat approvals and preliminary subdivision plat approvals, granted by the Planning and Zoning Commission before the effective date of this chapter, and which have not expired, shall qualify the development project contained therein for limited grandfathering. For the purposes of this section, "limited grandfathering" shall mean that the applicant and/or owner (including co-applicants and co-owners) of properties affected by an approved preliminary plan, and their respective principals, successors and assigns, shall have the right to elect to utilize the provisions of the Town's zoning laws in effect at the time of their preliminary plan approval during the consideration of the final site plan approval or final subdivision approval, so long as the final plan: (1) meets all of the conditions, terms of approval, or recommendations of the Planning and Zoning Commission made at the time of the preliminary plan approval; and (2) except for changes necessary to meet the conditions, terms of approval, or recommendations of the Planning and Zoning Commission determines that the final plan is substantially consistent with the preliminary plan. If the applicant or owner shall elect to utilize the limited grandfathering provided by this section, any special exceptions and/or variances necessary under the zoning laws in effect at the time of the preliminary plan approval shall be determined in accordance with the provisions of the Town's zoning laws in effect at the time of the preliminary plan approval.

Minimum requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare of the Town of Chesapeake Beach.

Conflicting resolutions. Whenever any provisions of this chapter impose a stricter requirement or a higher standard than is required in any federal or state statute or other Town ordinance or regulation, the provisions of this chapter shall govern. Whenever any provision of any federal or state statute or other Town ordinance or regulation imposes a stricter requirement or higher standard than is required by these regulations, the provisions of the federal or state or other Town ordinance or regulation shall govern.