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Chesapeake Beach City Zoning Code

ARTICLE II

Zoning Districts and Maps

§ 290-6 Establishment of zoning districts and boundaries.

A. 
Zoning districts established. The incorporated territory of the Town of Chesapeake Beach shall be divided into zoning districts defined in Article III and the overlay districts defined in Article IV of this chapter.
B. 
Zoning Map.
(1) 
The locations and boundaries of the zoning districts are established on the Official Zoning Map, Chesapeake Beach, Maryland. The Official Zoning Map and all explanatory material on the map is incorporated by reference and made a part of this chapter. The Official Zoning Map is located in the Chesapeake Beach Town Hall. Copies of the map may be prepared and published for guidance but shall not be considered to supersede the Official Zoning Map.
(2) 
If, in accordance with the provisions of this chapter and the Land Use Article of the Annotated Code of Maryland, changes are made in zoning district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by the Mayor and Town Council. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the Official Zoning Map. No amendment to this chapter involving matters portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map.
[Amended 3-16-2023 by Ord. No. O-23-2]
(3) 
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under Article VII of this chapter.
C. 
Replacement of Official Zoning Map.
(1) 
In the event that the Official Zoning Map becomes damaged, destroyed, lost or becomes difficult to interpret because of the nature or number of changes and additions, the Mayor and Town Council may by resolution adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map.
(2) 
The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map and may incorporate validly enacted amendments to the Official Zoning Map, but no such correction shall itself have the effect of amending the original zoning ordinance or any subsequent amendment thereof.
(3) 
The Planning Commission shall certify as to the accuracy of the new Official Zoning Map prior to its adoption by the Mayor and Town Council.
D. 
Critical Area Overlay District Maps.
(1) 
Official Critical Area Overlay District Maps shall be prepared and maintained as part of the Official Zoning Map of the Town. The maps shall delineate the extent of the Critical Area Overlay District that shall correspond to the Chesapeake Bay Critical Area. Within the designated Critical Area, lands shall be designated one of the following land use management categories:
(a) 
Intensely Developed Area (IDA).
(b) 
Limited Developed Area (LDA).
(c) 
Resource Conservation Area (RCA).
(2) 
For any parcels, which may be annexed but not immediately rezoned, the basic land use management restrictions contained in Chesapeake Beach's Critical Area Program will apply and be administered. The regulations for the critical area zones shall be in addition to those imposed by the underlying zoning requirements and, in the case of conflict, the more restrictive shall control.
(3) 
The Town may also act to amend the Critical Area District Map to delete areas of the Town from the Critical Area District or to add areas to the Critical Area District. Any adjustments or changes shall be in compliance with the amendment provisions of this chapter and the Natural Resources Article, § 8-1809, of the Annotated Code of Maryland. Any adjustments shall be treated as amendments of the Critical Area Overlay District on the Official Critical Area Overlay District Map for the Town of Chesapeake Beach.

§ 290-7 Interpretation of zone boundaries.

Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following Town limits shall be construed as following Town limits.
D. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through C above shall be so construed. The scale of the map shall determine distances not specifically indicated on the Official Zoning Map.
E. 
Where a lot is divided by one or more zone boundary lines, each of said divisions of the lot shall be subject to the regulations of the district in which it is located.
F. 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through C above, the Board of Appeals shall interpret the zone boundaries.

§ 290-8 Newly annexed lands.

Any areas annexed to the Town of Chesapeake Beach on or after June 17, 1992, shall immediately be classified Low-Density Residential District until a zoning map for said area has been adopted by the Mayor and Town Council after preparation of a general plan for said area. The Planning and Zoning Commission shall recommend to the Mayor and Town Council such general plan and zoning map for the newly annexed area within six months immediately following the effective date of annexation of such additional area. However; a zoning map based on a general plan for said area may be approved by the Mayor and Town Council prior to and effective upon annexation after public notice and hearing as provided in Article VII of this chapter.