Chesapeake City City Zoning Code

An Official Zoning Map which shall be kept on file in the Town offices is hereby incorporated by reference into this chapter as if it were included here. It shall be identified by the signature of the Mayor and shall bear the Seal of the Town.

The Zoning Administrator shall keep current official Critical Area Overlay District Maps in the Town office, making such maps available upon request of any person.

Rules for interpretation of boundaries. Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

Boundaries indicated as parallel to or extensions of features indicated in Subsection C(1) through (3) above shall be so construed. The scale of the map shall determine distances not specifically indicated on the Official Zoning Map.

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.

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 Subsection C(1) through (5) above, the Board of Appeals shall interpret the district boundaries.

Replacement of Official Zoning Map.

In the event that the Official Zoning Map becomes damaged, destroyed, or lost or becomes difficult to interpret because of the nature or number of changes and additions, the Town Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.

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, but no such correction shall itself have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof.

The Planning Commission shall certify as to the accuracy of the new Official Zoning Map prior to its adoption by the Town Council.

§ 120-4.1.2 Zoning of annexed lands.

When lands are proposed for annexation to the Town, the Planning Commission, concurrently with the annexation proceedings, shall propose district boundaries for the new lands. Upon adoption of the resolution for annexation, the Town Council shall amend this chapter to zone the new lands with the effective date of amendment to be that of annexation.

§ 120-4.2.1 Town divided into zoning districts.

Districting to implement the Comprehensive Plan. The Town of Chesapeake City shall be divided into zoning districts for the purpose of implementing the adopted Comprehensive Plan. The districts shall be shown on the Official Zoning Map.

Purposes of zoning districts. The purposes of the individual zoning districts and the manner in which they are to be applied are as follows:

Traditional Neighborhood Development. The Traditional Neighborhood Development (TND) District is applied to both areas of the Town intended to be maintained as residential neighborhoods and to areas which may develop in the future as residential neighborhoods. The District regulations are intended to promote and sustain healthy, stable, and harmonious residential neighborhoods, reflective of the pattern of street and lot layout and development traditional to Chesapeake City.

Village Center. The Village Center (V-1) District is applied to the mixed-use historic center of Chesapeake City and applied to areas intended to be developed with a similar pattern and character. The District regulations are intended to promote consistency in architecture and Town design, a broad mixture of compatible land use types arranged on smaller lots in a way that fosters efficient use of land, a walkable community, and compatible architecture in a predominantly residential neighborhood.

Village Commercial. The Village Commercial (V-2) District is applied to areas of the Town to promote the efficient and harmonious development of commercial land uses while accommodating higher density residential developments located within walking distance of shopping, employment, and recreational activities.

General Commercial. The General Commercial (GC) District is applied to areas of the Town to accommodate expansion of a broad variety of commercial uses that may benefit from orientation to the highway and to promote an arrangement of such uses that protects the safety and efficiency of MD Route 213.

Marine Commercial. The Marine Commercial (MC) District is applied to certain areas of the Town that lie adjacent to the C&D Canal to accommodate the presence and expansion of uses that are related to and that uniquely benefit from location on the water.

Resource Conservation. The Resource Conservation (RC) District is applied to areas of the Town that have natural, scenic, or other environmental and open space benefits to the community. District regulations are intended to protect naturally sensitive environmental and scenic areas and provide locations for the establishment of recreational, cultural, scientific, institutional, and resort uses whose development and use will have negligible impacts to the environment.

§ 120-4.2.2 Land uses by district.

[Amended 9-9-2013 by Ord. No. 08.12.2013; 5-15-2017 by Ord. No. 01.09.2017; 1-28-2019 by Ord. No. 1.14.2019.A; 5-22-2023 by Ord. No. 2023-003]

Table 1 lists the different land uses and the zoning districts in which they are permitted. If a use is not listed or does not fall within any of the general use categories, it is not a permitted use in any district. If a use is specifically listed in Table 1, it takes precedence over general use listings. The letters in Table 1 correspond to the following:

P: permitted use. Uses designated by the letter "P" shall be permitted subject to all applicable regulations.

PC: conditional use. Uses designated by the letters "PC" shall be permitted subject to certain conditions. The conditions are listed § 120-4.2.3.

SE: special exceptions. The Board of Appeals in accordance with § 120-2.2.7 may authorize uses requiring a special exception designated by the letters "SE."

SC: special exception with conditions. Uses requiring a special exception designated with the letters "SC" may be authorized by the Board of Appeals in accordance with § 120-2.2.7 subject to certain conditions listed in § 120-4.2.3.

Table 1 (Part 1 of 4) Permitted Uses by Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Residential
Single-family residences
Single-family residential; detached	P	P				P
Single-family residential; attached (townhouse)	SC	P	P				§ 120-4.2.3A(1)
Two-family residences
Two-family, duplex	P	P
Primary residence with accessory apartment	P	P
Secondary residential structure auxiliary to existing house	P	P
Multifamily building	SC	P	P				§ 120-4.2.3A(2)
Residential uses emphasizing special services, treatment, or supervision
Group home	P	P	P			P
Halfway house				P
Intermediate care institutions	SE	P	P			P
Day care
Day care home (fewer than 7 people)	P	P	P			P
Day-care center, day nursery (between 7 and 16 people)	PC	PC	PC	PC		PC	§ 120-4.2.3A(3)
Day-care center, day nursery (between 16 and 30 people)		PC	PC	PC		PC	§ 120-4.2.3A(3)
Homeless shelter¹		SE	SE	SE
Bed-and-breakfast and country inns	P	P	P	P	P
Home occupations	PC	PC	PC			PC	§ 120-4.2.3A(4)

¹	Permitted as an accessory use to churches and other buildings for religious assembly in the TND Zoning District.

Table 1 (Part 2 of 4) Permitted Uses by Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Commercial, Office and Service
Artist and photographer galleries (retail) and studios, dance/music studios		P	P	P
Retail shops, including service/repair such as clock, jewelry		P	P	P
Convenience, grocery, department, variety, hardware, dry goods stores		P	P	P
Pet shops				P
Nursery for plants, greenhouses			PC	P		P	§ 120-4.2.3B(1)
Banks, financial institutions		P	P	P
Personal service shops and services, such as barber, salon, laundromat, health and fitness center, spa		P	P	P
Professional office		P	P	P
Medical, dental clinics or physician/dentist office		P	P	P
Business offices, including finance, insurance, real estate		P	P	P
Business services, plumbing shops, contractor shops				P
Small-scale manufacturing and assembly such as cabinetmaking, furniture upholstery, printing, publishing, warehousing				PC	PC		§ 120-4.2.3B(2)
Television, radio, computer repair shops, small appliance repair, similar		P	P	P
Building material and supply, boat sales, farm implements storage and sales, feed and grain storage and sales, heavy equipment sales and service				P
Animal hospital, veterinarian clinic				PC			§ 120-4.2.3B(3)
Kennel, cattery				PC		PC	§ 120-4.2.3B(4)
Funeral parlor				P
Motor vehicle sales or rental				P
Marina uses including boat sales and repair, storage, marine-related manufacturing and marine-related business offices				P	P
Filling stations, service stations				PC	PC		§ 120-4.2.3B(5)
Automotive body shop					PC		§ 120-4.2.3B(6)
Restaurants, standard		P	P	P	P
Restaurants, fast-food, drive-in, drive-thru, other than formula				P
Hotels, motels, convention centers, and similar businesses and institutions providing overnight accommodations		P	P	P	P
Resorts			P	P	P	P
Pubs, bars, dance halls, nightclubs, cocktail lounges		PC	PC	P	P		§ 120-4.2.3B(7)
Formula fast-food, formula drive-in, formula drive-thru restaurants				SC			§ 120-4.2.3B(8)
Formula business; all other				SE

Table 1 (Part 3 of 4) Permitted Uses By Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Institutional
Schools
Elementary and secondary (including preschool, kindergarten, associated grounds and athletic and other facilities)	PC	PC	PC			PC	§ 120-4.2.3C(1)
Trade and vocational schools				P	P
Colleges, universities, community colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc.)						SE
Churches and other buildings for religious assembly (including associated residential structures for religious personnel and associated buildings but not including elementary or secondary school buildings)	P	P	P	P	P	P
Social and fraternal clubs and lodges, philanthropic institutions			SE	SE
Intermediate care institutions	SE	P	P	P		P
Nursery schools, day-care centers (more than 30 children)	SE	P	P	P		P
Hospitals, clinics, other medical (including mental health) treatment facilities in excess of 10,000 square feet of floor area			SE	SE
Nursing care institutions, childcare institutions	SE	SE	SE
Libraries, other public administrative and cultural buildings	SE	P	P	P		P
Museums, art galleries, art centers, and similar uses (including associated educational and instructional activities)	SE	P	P			P
Art or cultural center	SE	P	P			P
Recreation, Amusements, Entertainment
Activity conducted entirely within building or substantial structure
Bowling alleys, skating rinks, indoor tennis and squash courts, billiard and pool halls, rifle and pistol ranges, indoor athletic and exercise facilities and similar uses			P	P		P
Cinema, movie theaters			P	P
Activity conducted primarily outside enclosed buildings or structures
Privately owned and operated outdoor recreational facilities such as golf courses and country clubs, swimming or tennis clubs, rifle and pistol ranges, etc., not constructed pursuant to a permit authorizing the construction of some residential development		SE	SE		SE	SE
Publicly owned and operated outdoor recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc., not constructed pursuant to a permit authorizing the construction of another use such as a school	P	SE	SE	SE	SE	SE
Golf driving range						P
Swimming pool, community	SE	SE	SE	SE	SE	P

Table 1 (Part 4 of 4) Permitted Uses By Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Emergency Services
Police station	SE	SE	P	P	P
Fire station	SE	SE	P	P	P
Rescue squad, ambulance service	SE	SE	P	P	P
Civil defense operation	SE	SE	P	P	P
Miscellaneous Uses
Utilities
Neighborhood service	P	P	P	P	P	P
Water or sewage treatment facilities	P	P	P	P	P	P
Public utility buildings and structures	P	P	P	P	P	P
Public utility buildings and structures with towers or antennas				SC		SC	§ 120-4.2.3D(1)
Temporary structures incidental to construction (nonresidential)	PC	PC	PC	PC	PC	PC	§ 120-4.2.3D(2)
Christmas tree sales	P	P	P	P	P	P
Satellite parking	PC	PC	PC	PC	PC

§ 120-4.2.3 Standards for conditional and special exception uses.

[Amended 9-9-2013 by Ord. No. 08.12.2013; 1-28-2019 by Ord. No. 1.14.2019.A]

The following conditions and specific standards apply to land uses designated PC (conditional), SE (special exception) and SC (special exception with conditions) in Table 1 of this chapter. The applicable conditions shall be satisfied during the period of the use and occupancy.

Residential uses.

Single-family attached, townhouses. Subject to the following conditions, townhouse developments shall be permitted as a special exception use (SC) in the TND District:

A minimum of 30% of the total tract area shall be maintained as open area and shall not be devoted to service driveways, off-street parking, or loading spaces. It is further provided that 25% of the open area shall be suitable for usable recreational space and each recreational space shall be at least 50 feet in the least dimension with a minimum area of 5,000 square feet.

The front setback shall be exclusively devoted to landscaping and open area and shall not be occupied by any building, structure, or off-street parking area.

The minimum setback between any two principal buildings on the same lot shall be 25 feet.

The minimum lot area for the development shall be one acre.

Multifamily buildings. Subject to the following conditions, multifamily buildings shall be permitted as a special exception use (SC) in the TND District:

A minimum of 30% of the total tract area shall be maintained as open area and shall not be devoted to service driveways, off-street parking, or loading spaces. It is further provided that 25% of the open area is suitable for usable recreational space and each recreational space shall be at least 50 feet in the least dimension with a minimum area of 5,000 square feet.

The front setback shall be exclusively devoted to landscaping and open area and shall not be occupied by any building, structure, or off-street parking area.

The minimum setback between any two principal buildings on the same lot shall be 25 feet.

Day-care centers (child or elderly care centers). Subject to the following conditions, child or elderly care centers serving between seven and 16 individuals shall be permitted in the TND District and centers serving between seven and 30 individuals shall be permitted in the V-1, V-2, GC and RC Districts as a conditional use (PC):

At least 200 square feet of usable outdoor recreational area shall be provided per individual that may use the center at any one time. Recreational areas shall not include the required front yard of the property or any off-street parking areas.

All such uses shall be located so as to permit the safe pick up and delivery of all people on this site.

The area of the property shall contain no less than 1,000 square feet per individual that may use the center at any one time.

The requirements of these sections shall not apply to child or elderly day care facilities or centers that are operated by a nonprofit organization in buildings, structures, or on premises owned or leased by a religious organization and which premises are regularly used as a place of worship or are located on premises owned or leased by a religious organization adjacent to premises regularly used as a place of worship, or are used for private parochial educational purposes that are exempted under the provisions of this section for private educational institutions or are located in publicly owned school buildings.

Home occupations. Subject to the following conditions, home occupations shall be permitted in the TND, V-1, V-2, and RC Districts as a conditional use (PC):

Not more than one person other than members of the family residing on the premises shall be engaged in such occupation.

There shall be no change in the outside appearance of the building or premises, other than one sign. Residential appearance shall be maintained and the proposed development shall be in keeping with the character of the neighborhood.

No equipment, process, or occupation shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable outside of the dwelling unit.

No more than 25% of the floor area of the dwelling, including an attached garage, may be used for the home occupation.

No article of commodity shall be offered for sale, except that incidental to services offered, or publicly displayed on the premises.

Parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

A private educational institution, boardinghouse, rooming house, or tourist home shall not be deemed a home occupation.

Commercial uses.

Nursery for plants, greenhouses. Subject to the following conditions, nurseries for plants and greenhouses shall be permitted in the V-2 District as a conditional use (PC):

The sale of plants, trees, shrubs, seeds, fertilizers, plant foods, hand tools, hand spraying and watering equipment, and pesticides directly related to residential gardening shall be permitted, provided that such tools and equipment are not displayed outdoors.

No such horticultural nursery or commercial greenhouse shall be located on a tract of land containing less than two acres.

No part of any building thereon shall be less than 50 feet from the nearest property line.

Greenhouses shall have a minimum setback of twice the height of the building

Storage of all materials which produce odors or attract pests shall be covered.

Small-scale manufacturing and assembly. Subject to the following conditions, small-scale manufacturing and assembly uses shall be permitted in the GC and MC Districts as a conditional use (PC):

Minimum lot area shall be 10,000 square feet and minimum lot width shall be 150 feet.

All manufacturing and assembly shall be conducted within a completely enclosed building with no open storage of raw, in process, or finished material and supplies or waste material. Finished or semifinished products manufactured or sold on the premises may be stored in the open only if screened from the street by landscaping, fences, or walls.

Notwithstanding the yard regulations for the district, no part of any building, accessory structure, or sign shall be located closer than 100 feet to any dwelling.

No parking or storage of material or products shall be permitted in the required front yard.

Animal hospital, veterinarian clinic. Subject to the following conditions, animal hospital and veterinarian clinic uses shall be permitted in the GC District as a conditional use (PC):

Minimum lot area shall be 20,000 square feet.

All operations in connection with the clinic must be conducted indoors.

Screening and vegetative landscaping shall be used along lot lines which adjoin a residential lot in a residential zoning district.

[Amended 5-22-2023 by Ord. No. 2023-003]

No work on large animals (bovine or equine) is to be performed on the premises.

Kennel, cattery. Subject to the following conditions, a kennel and cattery shall be permitted in the GC and RC Districts as a conditional use (PC):

A kennel/cattery shall not be a freestanding establishment but instead an ancillary use to an animal hospital or veterinarian clinic and primarily operated in a manner that supports the animal hospital or veterinarian clinic use.

The kennel/cattery operator shall follow all applicable regulations of the Cecil County Animal Control Ordinance.

Filling stations, service stations. Subject to the following conditions, filling stations and service stations shall be permitted in the GC and MC Districts as a conditional use (PC):

No fuel pump, oil draining pit, or other vehicle appliance for serving automobiles shall be located within 25 feet from the front property line.

Bulk storage of flammable liquids shall be underground.

The entrance and exit of any such establishment shall be at least 50 feet from any residential lot.

No storage or stockpiling of tires or any trash shall be permitted.

All inoperative vehicles shall be completely screened from view of rights-of-way and adjoining properties.

An area, enclosed by a wall or fence, screened from view of adjoining properties and rights-of-way shall be established whenever outdoor storage is required.

No fuel pumps, structures or buildings shall be erected within 150 feet of any dwelling.

All lights shall be diverted toward the station and downward on the lot.

No storage or stockpiling of tires or any trash shall be permitted.

Automotive body shop. Subject to the following conditions, an automotive body shop shall be permitted in the MC District as a conditional use (PC), subject to the following conditions:

Vegetative screening and buffers shall be provided where the lot abuts residentially used properties or a residential zoning district.

No gasoline shall be dispensed.

All lights shall be diverted toward the facility or downward on the lot.

A low screening wall and/or hedge shall be provided along all rights-of-way, except at points of vehicular access to the lot and except where vehicular sight distance might be compromised.

There shall be no bulk storage of flammable liquids on the premises.

No storage or stockpiling of tires or any trash shall be permitted.

(7)

Pub, bar, nightclub, dance hall, and cocktail lounge. Subject to the following conditions, a pub, bar, nightclub, dance hall, and cocktail lounge shall be permitted in the V-1 and V-2 Districts as a conditional use (PC), subject to the following conditions:

Hours of operation shall be limited to midnight.[1]

Editor's Note: So in original.

Maximum allowed noise levels by time of day shall not exceed levels set forth in Chapter 181, Noise, of the Town Code, as may be supplemented or amended from time to time.

Loitering shall not be permitted around the exterior of the establishment.

(8)

Formula fast-food, formula drive-in, and formula drive-thru restaurants. Except for those uses and developments reviewed and approved pursuant to an annexation agreement or developer's agreement, the following conditions also apply to formula fast-food, formula drive-in, and formula drive-thru restaurants permitted by special exception by the Board of Appeals in the GC Districts:

The use will not constitute a nuisance because of noise, illumination, fumes, odors, or physical activity in the location proposed.

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings or proposed building on or near the site and the traffic patterns from such buildings, or cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity. A traffic impact study shall be required.

The use of the proposed location will not preempt frontage on any highway or public road in such manner so as to substantially reduce the visibility and accessibility of an interior commercial area zoned or proposed for commercial use that is oriented to the same highway or public road.

When such use abuts a residential zone or institution premises the use shall be screened by a solid wall or a substantial, slightly solid fence, not less than five feet in height, together with a three-foot-wide planting strip on the outside of such wall or fence, planted in shrubs and evergreens three feet high at the time of original planting and which shall be maintained in good condition. Location, maintenance, vehicle sight distance provision, advertising, and parking areas pertaining to screening shall be as provided for in this chapter.

When such use occupies a corner lot, the ingress or egress driveways shall be located at least 40 feet from the intersection of the front and side street lines of the lot and such driveways shall not exceed 45 feet in width, provided that, in areas where no master plan of highways has been adopted, the street line shall be considered to be at least 60 feet from the center line of any abutting street or highway.

Drive-through lanes shall be marked with distinctive pavement markings and/or special striping and shall not block exit or entry to building or to off-street parking spaces otherwise required on the site.

Adequate spaces for stacking (lineup) at drive-through facilities shall be provided. Specifically, spaces are seven per station, five of which must be before the ordering stations (intercom).

Vehicular access shall not be by means of any street internal to a subdivision for single-family dwellings.

Buildings shall be designed so that facades, signs and other appurtenances will have an integrated, harmonious and attractively arranged appearance, and in a size and manner which will not adversely affect the appearance of surrounding developments.

(j)

In place of the box-type of internally illuminated signs, the Town may require use of halo-lit signs and die-cut metal sign panels with individually illuminated letters or logos and may also require alternative materials or sighting solutions and adjustments to the scale of trademark logos and graphics.

(k)

The Town may require adjustments to the extent, size or scale of the color scheme, trademark, service mark, signage and decor used throughout the interior or exterior of the establishment to mitigate contrasting color schemes and harmonize the color scheme, trademark, service mark, signage and decor with the surrounding neighborhood.

Educational, cultural, and institutional uses.

Elementary and secondary schools (including pre-school, kindergarten, associated grounds, and athletic facilities). Subject to the following conditions elementary and secondary schools are permitted in the TND, V-1, V-2 and RC Districts as a conditional use (PC):

Minimum lot area shall be one acre.

In the TND, V-1, and V-2 Districts, off-street parking shall be provided in the side or rear yard.

Building coverage shall not exceed 25% of the lot.

The maximum attendance (number of students physically present) at any one time shall not exceed one student per 1,000 square feet of the lot area devoted to the use.

Miscellaneous use.

Public utility buildings and public utility structures with towers or antennas. Subject to the following conditions, a public utility building or public utility structure not otherwise permitted, including radio and television broadcasting stations and towers (but not including electric power transmission or distribution lines carrying in excess of 69,000 volts) shall be a special exception use (SC) in the GC and RC Districts:

The proposed building or structure at the location selected is necessary for public convenience and service.

The proposed building or structure at the location will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.

Public utility buildings in any predominately residential area shall, whenever practicable, have the exterior appearance of residential buildings and shall have suitable landscaping, screen planting, and fencing, wherever deemed necessary by the Planning Commission.

Any proposed broadcasting tower shall have a setback of one foot from all property lines for every foot of height of the tower, provided that any broadcasting tower lawfully existing prior to the effective date of this chapter shall be exempt from the setback limitations imposed by this subsection and may be continued, structurally altered, reconstructed, or enlarged provided that no structural change, repair, addition, alteration, or reconstruction shall result in increasing the height above the then existing structurally designed height.

Examples of public utility buildings and structures for which special exceptions are required under this section are buildings and structures for the occupancy, use, support, or housing of switching equipment, regulators, stationary transformers, and other such devices for supplying electric service; telephone offices; railroad, bus, trolley, air, and boat passenger stations; and radio or television transmitter towers and stations.

In any residential area, overhead electric power and energy transmission and distribution lines carrying in excess of 69,000 volts may be permitted where:

The proposed use does not have an unduly adverse effect on the general plan for the physical development of the district as embodied in this chapter and in the Comprehensive Plan or portion thereof.

The proposed use will not adversely affect the health and safety of the residents or workers in the area.

The proposed use will have the least possible detrimental effect to the use or development of adjacent properties or the general neighborhood.

In making such findings, the Board shall consider the following factors, and such other factors as the Board may find to be necessary or important to effectuate its review:

Points at which the proposed line crosses heavily traveled highways or streets, or other arteries of transportation, either existing or proposed;

Proximity of the line to schools, churches, theaters, clubs, museums, fairgrounds, or other places of assembly, existing or proposed;

The amount and probability of low-level flying over the line and nearness of the line to airports and/or heliports, existing or proposed;

[4]

Any fire hazard or interference with firefighting equipment due to the location and construction of the proposed line;

[5]

Proximity of the line to public parks and recreational areas, existing or proposed;

[6]

Effect upon property values of those who will not be compensated for a taking under the laws of the state;

[7]

The effect upon environmental quality and ecological balance of protected watersheds, planned open space between corridors of development and greenbelt areas surrounding community development; and

[8]

Proximity of the line to historic sites and structures.

Temporary structures incidental to construction. Subject to the following conditions, temporary structures incidental to construction shall be permitted in all districts as a conditional use (PC):

That it is removed when construction is finished.

That the structure remains for only a period of one year with extensions totaling one year permitted upon application to and approval of the Zoning Administrator.

Satellite parking. Subject to the following conditions, satellite parking shall be permitted in all districts, except the Resource Conservation District, as a conditional use (PC):

Additional vegetative screening and buffers shall be provided where the lot abuts an alley, street, or residentially used properties or a residential zoning district.

Impacts to existing Town infrastructure shall be resolved or mitigated. Impact studies shall be completed and provided to the Town, including but not limited to stormwater, traffic, etc.

§ 120-4.3.1 Purpose and applicability.

Purpose of regulations and district.

It is the purpose of this section to establish regulations and procedures necessary to preserve the historic structures and character of Chesapeake City.

The purposes of the Historic Area District are as follows:

To preserve structures of historic and architectural value.

To safeguard the heritage of Chesapeake City by preserving the district therein which reflects elements of the Town's cultural, social, economic, political or architectural history; to stabilize and improve property values in the historic district; to foster civic beauty; to strengthen the local economy; and to promote the use and preservation of the historic district for the education, welfare and pleasure of the residents of both the Town and surrounding region.

It is not the intent of this chapter to discourage contemporary architectural expression or to encourage the emulation of existing buildings or structures of historical architectural interest in specific detail. Harmony or incompatibility will be evaluated in terms of the appropriateness of materials, scale, size, height, and placement of new buildings in their relationship with existing structures.

Applicability. These provisions shall apply within the Historic Area District as is shown on the Official Zoning Map of Chesapeake City.

Historic District Commission.

The establishment and proceedings of the Historic District Commission shall be as provided for in § 120-2.1.4 of this chapter.

Every application considered by the Historic District Commission shall be accepted or rejected by that Commission.

No permit may be granted until the Historic District Commission has first acted thereon and submitted its decision to the Planning Commission. Only upon Planning Commission approval shall a permit be issued.

§ 120-4.3.2 Historic District Commission permit required.

Application. An application shall include all plans for construction, erection, reconstruction, alteration, excavation and changes in the exterior of the building.

Procedures.

[Amended 1-27-2020 by Ord. No. 2020-001]

The applicant files an application for a building permit with the Zoning Administrator.

After review by the Zoning Administrator to ensure the application conforms to the applicable use regulations, the Zoning Administrator will forward the application to the Chairperson of the Historic District Commission.

After hearing from the applicant and any other interested persons at the meeting, the Commission shall, within 30 days of its meeting on the application, make its decision public.

The Historic District Commission shall file with the Planning Commission a permit of its approval, modification or rejection of all applications and plans submitted to it for review. The Historic District Commission may recommend approval subject to such conditions as are necessary to ensure conformity with the provisions and purposes of this section.

The applicant shall receive a written notification of the Commission's decision. In the event of a denial of a permit, reasons for such denial shall be included with the written notification.

In reviewing applications, the Historic District Commission shall state in writing its findings of fact related to:

The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

The relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area;

The general compatibility of exterior design, arrangement, texture and materials proposed to be used;

The extent to which the building or structure would be harmonious with, or incongruous to, the environmental setting of the Historic District; and

Any other factors including aesthetic and environmental factors which the Committee deems pertinent.

Standards for exercising judgment.

The Historic District Commission shall be strict in its judgment of plans for those structures deemed to be valuable for historic or architectural reasons and lenient in its judgment of plans for structures of little historic value or for plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures in the surrounding area.

The Historic District Commission is not required to limit new construction, alteration, or repair to the architectural style of any one period.

Applications for permits for structures of unusual importance. If an application is submitted for reconstruction or alteration affecting the exterior appearance of a structure or for the moving or demolition of a structure, the preservation of which the Historic District Commission deems of unusual importance to the Town or of unusual importance to the state or nation, the Historic District Commission shall attempt with the owner of the structure to formulate an economically feasible plan for the preservation of the structure.

Special circumstances. In the case of a structure deemed to be valuable for the period of architecture it represents and its importance to the District, the Commission may approve the proposed reconstruction or alteration despite the fact the changes come within the provisions of Subsection D above, if:

The structure is a deterrent to a major improvement program which will be of substantial benefit to the Town of Chesapeake City;

Retention of the structure would cause undue financial hardship to the owner; and/or

The retention of the structure would not be in the interest of the Town as provided for in the adopted Comprehensive Plan.

§ 120-4.3.3 Permit approval or rejection.

[Amended 1-27-2020 by Ord. No. 2020-001]

Permit filed with Planning Commission. The Historic District Commission shall file with the Planning Commission a permit of its approval, modification, or rejection of all applications and plans submitted to it for review. Work shall not be commenced on any such project until such a permit of approval has been filed by the Commission and further approved by the Planning Commission. The Planning Commission shall not act to approve a project for which the Historic District Commission has filed a permit of rejection.

No work to commence without approval. The owner, lessee, or tenant of the property and premises shall not commerce the proposed work or change until and unless he/she has received a permit of approval from the Planning Commission and Historic District Commission.

§ 120-4.3.4 Ordinary maintenance; work under prior permit.

Nothing in this article shall be taken or construed to prevent work or repairs on any structure coming under the heading of ordinary maintenance. Any structure lawfully constructed before approval of these regulations may be maintained in the same size, material, manner, location, and construction. Routine repairs to replace damaged or worn-out portions may be performed without requiring a Town zoning permit. Any changes to material, size, dimension, manner, construction, or location require a Town zoning permit as new construction. Repair/replacement of existing structures does not indemnify the owner from encroachments on adjacent properties, or requirements for any state or county permits.

[Amended 8-14-2023 by Ord. No. 2023-002]

Nothing in this article affects the right to complete any work covered by permit or authorization issued prior to the effective date of adoption or amendment of this chapter, unless otherwise specified.

§ 120-4.3.5 Appeals.

Any person aggrieved by a decision of the Historic District Commission has the right of appeal therefrom to the circuit court which will review the Commission's decision based on the record of the proceedings before the Historic District Commission.

§ 120-4.3.6 Architectural easements.

The Historic District Commission may purchase architectural easements in connection with structures located within or adjacent to the Historic Area District. Such easement shall grant to the Historic District Commission, the residents of the historic district and the general public the perpetual right to have the exterior appearance of any structure upon which it is applied retained in substantially the same character as when the easement took effect.

Chesapeake City City Zoning Code

PART 4

Zoning Districts and Allowable Uses

§ 120-4.1.1 Zoning Map; interpretation of boundaries.

General. This article establishes the zoning districts applied to property within the Town and adopts the Official Zoning Map.

Zoning Map adopted by reference.

The Zoning Administrator shall keep current official Critical Area Overlay District Maps in the Town office, making such maps available upon request of any person.

Rules for interpretation of boundaries. Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

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.

Replacement of Official Zoning Map.

The Planning Commission shall certify as to the accuracy of the new Official Zoning Map prior to its adoption by the Town Council.

§ 120-4.1.2 Zoning of annexed lands.

§ 120-4.2.1 Town divided into zoning districts.

Purposes of zoning districts. The purposes of the individual zoning districts and the manner in which they are to be applied are as follows:

§ 120-4.2.2 Land uses by district.

[Amended 9-9-2013 by Ord. No. 08.12.2013; 5-15-2017 by Ord. No. 01.09.2017; 1-28-2019 by Ord. No. 1.14.2019.A; 5-22-2023 by Ord. No. 2023-003]

P: permitted use. Uses designated by the letter "P" shall be permitted subject to all applicable regulations.

PC: conditional use. Uses designated by the letters "PC" shall be permitted subject to certain conditions. The conditions are listed § 120-4.2.3.

SE: special exceptions. The Board of Appeals in accordance with § 120-2.2.7 may authorize uses requiring a special exception designated by the letters "SE."

Table 1 (Part 1 of 4) Permitted Uses by Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Residential
Single-family residences
Single-family residential; detached	P	P				P
Single-family residential; attached (townhouse)	SC	P	P				§ 120-4.2.3A(1)
Two-family residences
Two-family, duplex	P	P
Primary residence with accessory apartment	P	P
Secondary residential structure auxiliary to existing house	P	P
Multifamily building	SC	P	P				§ 120-4.2.3A(2)
Residential uses emphasizing special services, treatment, or supervision
Group home	P	P	P			P
Halfway house				P
Intermediate care institutions	SE	P	P			P
Day care
Day care home (fewer than 7 people)	P	P	P			P
Day-care center, day nursery (between 7 and 16 people)	PC	PC	PC	PC		PC	§ 120-4.2.3A(3)
Day-care center, day nursery (between 16 and 30 people)		PC	PC	PC		PC	§ 120-4.2.3A(3)
Homeless shelter¹		SE	SE	SE
Bed-and-breakfast and country inns	P	P	P	P	P
Home occupations	PC	PC	PC			PC	§ 120-4.2.3A(4)

¹	Permitted as an accessory use to churches and other buildings for religious assembly in the TND Zoning District.

Table 1 (Part 2 of 4) Permitted Uses by Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Commercial, Office and Service
Artist and photographer galleries (retail) and studios, dance/music studios		P	P	P
Retail shops, including service/repair such as clock, jewelry		P	P	P
Convenience, grocery, department, variety, hardware, dry goods stores		P	P	P
Pet shops				P
Nursery for plants, greenhouses			PC	P		P	§ 120-4.2.3B(1)
Banks, financial institutions		P	P	P
Personal service shops and services, such as barber, salon, laundromat, health and fitness center, spa		P	P	P
Professional office		P	P	P
Medical, dental clinics or physician/dentist office		P	P	P
Business offices, including finance, insurance, real estate		P	P	P
Business services, plumbing shops, contractor shops				P
Small-scale manufacturing and assembly such as cabinetmaking, furniture upholstery, printing, publishing, warehousing				PC	PC		§ 120-4.2.3B(2)
Television, radio, computer repair shops, small appliance repair, similar		P	P	P
Building material and supply, boat sales, farm implements storage and sales, feed and grain storage and sales, heavy equipment sales and service				P
Animal hospital, veterinarian clinic				PC			§ 120-4.2.3B(3)
Kennel, cattery				PC		PC	§ 120-4.2.3B(4)
Funeral parlor				P
Motor vehicle sales or rental				P
Marina uses including boat sales and repair, storage, marine-related manufacturing and marine-related business offices				P	P
Filling stations, service stations				PC	PC		§ 120-4.2.3B(5)
Automotive body shop					PC		§ 120-4.2.3B(6)
Restaurants, standard		P	P	P	P
Restaurants, fast-food, drive-in, drive-thru, other than formula				P
Hotels, motels, convention centers, and similar businesses and institutions providing overnight accommodations		P	P	P	P
Resorts			P	P	P	P
Pubs, bars, dance halls, nightclubs, cocktail lounges		PC	PC	P	P		§ 120-4.2.3B(7)
Formula fast-food, formula drive-in, formula drive-thru restaurants				SC			§ 120-4.2.3B(8)
Formula business; all other				SE

Table 1 (Part 3 of 4) Permitted Uses By Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Institutional
Schools
Elementary and secondary (including preschool, kindergarten, associated grounds and athletic and other facilities)	PC	PC	PC			PC	§ 120-4.2.3C(1)
Trade and vocational schools				P	P
Colleges, universities, community colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc.)						SE
Churches and other buildings for religious assembly (including associated residential structures for religious personnel and associated buildings but not including elementary or secondary school buildings)	P	P	P	P	P	P
Social and fraternal clubs and lodges, philanthropic institutions			SE	SE
Intermediate care institutions	SE	P	P	P		P
Nursery schools, day-care centers (more than 30 children)	SE	P	P	P		P
Hospitals, clinics, other medical (including mental health) treatment facilities in excess of 10,000 square feet of floor area			SE	SE
Nursing care institutions, childcare institutions	SE	SE	SE
Libraries, other public administrative and cultural buildings	SE	P	P	P		P
Museums, art galleries, art centers, and similar uses (including associated educational and instructional activities)	SE	P	P			P
Art or cultural center	SE	P	P			P
Recreation, Amusements, Entertainment
Activity conducted entirely within building or substantial structure
Bowling alleys, skating rinks, indoor tennis and squash courts, billiard and pool halls, rifle and pistol ranges, indoor athletic and exercise facilities and similar uses			P	P		P
Cinema, movie theaters			P	P
Activity conducted primarily outside enclosed buildings or structures
Privately owned and operated outdoor recreational facilities such as golf courses and country clubs, swimming or tennis clubs, rifle and pistol ranges, etc., not constructed pursuant to a permit authorizing the construction of some residential development		SE	SE		SE	SE
Publicly owned and operated outdoor recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc., not constructed pursuant to a permit authorizing the construction of another use such as a school	P	SE	SE	SE	SE	SE
Golf driving range						P
Swimming pool, community	SE	SE	SE	SE	SE	P

Table 1 (Part 4 of 4) Permitted Uses By Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Emergency Services
Police station	SE	SE	P	P	P
Fire station	SE	SE	P	P	P
Rescue squad, ambulance service	SE	SE	P	P	P
Civil defense operation	SE	SE	P	P	P
Miscellaneous Uses
Utilities
Neighborhood service	P	P	P	P	P	P
Water or sewage treatment facilities	P	P	P	P	P	P
Public utility buildings and structures	P	P	P	P	P	P
Public utility buildings and structures with towers or antennas				SC		SC	§ 120-4.2.3D(1)
Temporary structures incidental to construction (nonresidential)	PC	PC	PC	PC	PC	PC	§ 120-4.2.3D(2)
Christmas tree sales	P	P	P	P	P	P
Satellite parking	PC	PC	PC	PC	PC

§ 120-4.2.3 Standards for conditional and special exception uses.

[Amended 9-9-2013 by Ord. No. 08.12.2013; 1-28-2019 by Ord. No. 1.14.2019.A]

Residential uses.

Single-family attached, townhouses. Subject to the following conditions, townhouse developments shall be permitted as a special exception use (SC) in the TND District:

The front setback shall be exclusively devoted to landscaping and open area and shall not be occupied by any building, structure, or off-street parking area.

The minimum setback between any two principal buildings on the same lot shall be 25 feet.

The minimum lot area for the development shall be one acre.

Multifamily buildings. Subject to the following conditions, multifamily buildings shall be permitted as a special exception use (SC) in the TND District:

A minimum of 30% of the total tract area shall be maintained as open area and shall not be devoted to service driveways, off-street parking, or loading spaces. It is further provided that 25% of the open area is suitable for usable recreational space and each recreational space shall be at least 50 feet in the least dimension with a minimum area of 5,000 square feet.

The front setback shall be exclusively devoted to landscaping and open area and shall not be occupied by any building, structure, or off-street parking area.

The minimum setback between any two principal buildings on the same lot shall be 25 feet.

All such uses shall be located so as to permit the safe pick up and delivery of all people on this site.

The area of the property shall contain no less than 1,000 square feet per individual that may use the center at any one time.

Home occupations. Subject to the following conditions, home occupations shall be permitted in the TND, V-1, V-2, and RC Districts as a conditional use (PC):

Not more than one person other than members of the family residing on the premises shall be engaged in such occupation.

No equipment, process, or occupation shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable outside of the dwelling unit.

No more than 25% of the floor area of the dwelling, including an attached garage, may be used for the home occupation.

No article of commodity shall be offered for sale, except that incidental to services offered, or publicly displayed on the premises.

Parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

A private educational institution, boardinghouse, rooming house, or tourist home shall not be deemed a home occupation.

Commercial uses.

Nursery for plants, greenhouses. Subject to the following conditions, nurseries for plants and greenhouses shall be permitted in the V-2 District as a conditional use (PC):

No such horticultural nursery or commercial greenhouse shall be located on a tract of land containing less than two acres.

No part of any building thereon shall be less than 50 feet from the nearest property line.

Greenhouses shall have a minimum setback of twice the height of the building

Storage of all materials which produce odors or attract pests shall be covered.

Small-scale manufacturing and assembly. Subject to the following conditions, small-scale manufacturing and assembly uses shall be permitted in the GC and MC Districts as a conditional use (PC):

Minimum lot area shall be 10,000 square feet and minimum lot width shall be 150 feet.

Notwithstanding the yard regulations for the district, no part of any building, accessory structure, or sign shall be located closer than 100 feet to any dwelling.

No parking or storage of material or products shall be permitted in the required front yard.

Animal hospital, veterinarian clinic. Subject to the following conditions, animal hospital and veterinarian clinic uses shall be permitted in the GC District as a conditional use (PC):

Minimum lot area shall be 20,000 square feet.

All operations in connection with the clinic must be conducted indoors.

Screening and vegetative landscaping shall be used along lot lines which adjoin a residential lot in a residential zoning district.

[Amended 5-22-2023 by Ord. No. 2023-003]

No work on large animals (bovine or equine) is to be performed on the premises.

Kennel, cattery. Subject to the following conditions, a kennel and cattery shall be permitted in the GC and RC Districts as a conditional use (PC):

The kennel/cattery operator shall follow all applicable regulations of the Cecil County Animal Control Ordinance.

Filling stations, service stations. Subject to the following conditions, filling stations and service stations shall be permitted in the GC and MC Districts as a conditional use (PC):

No fuel pump, oil draining pit, or other vehicle appliance for serving automobiles shall be located within 25 feet from the front property line.

Bulk storage of flammable liquids shall be underground.

The entrance and exit of any such establishment shall be at least 50 feet from any residential lot.

No storage or stockpiling of tires or any trash shall be permitted.

All inoperative vehicles shall be completely screened from view of rights-of-way and adjoining properties.

An area, enclosed by a wall or fence, screened from view of adjoining properties and rights-of-way shall be established whenever outdoor storage is required.

No fuel pumps, structures or buildings shall be erected within 150 feet of any dwelling.

All lights shall be diverted toward the station and downward on the lot.

No storage or stockpiling of tires or any trash shall be permitted.

Automotive body shop. Subject to the following conditions, an automotive body shop shall be permitted in the MC District as a conditional use (PC), subject to the following conditions:

Vegetative screening and buffers shall be provided where the lot abuts residentially used properties or a residential zoning district.

No gasoline shall be dispensed.

All lights shall be diverted toward the facility or downward on the lot.

A low screening wall and/or hedge shall be provided along all rights-of-way, except at points of vehicular access to the lot and except where vehicular sight distance might be compromised.

There shall be no bulk storage of flammable liquids on the premises.

No storage or stockpiling of tires or any trash shall be permitted.

(7)

Hours of operation shall be limited to midnight.[1]

Editor's Note: So in original.

Maximum allowed noise levels by time of day shall not exceed levels set forth in Chapter 181, Noise, of the Town Code, as may be supplemented or amended from time to time.

Loitering shall not be permitted around the exterior of the establishment.

(8)

The use will not constitute a nuisance because of noise, illumination, fumes, odors, or physical activity in the location proposed.

Adequate spaces for stacking (lineup) at drive-through facilities shall be provided. Specifically, spaces are seven per station, five of which must be before the ordering stations (intercom).

Vehicular access shall not be by means of any street internal to a subdivision for single-family dwellings.

(j)

(k)

Educational, cultural, and institutional uses.

Minimum lot area shall be one acre.

In the TND, V-1, and V-2 Districts, off-street parking shall be provided in the side or rear yard.

Building coverage shall not exceed 25% of the lot.

The maximum attendance (number of students physically present) at any one time shall not exceed one student per 1,000 square feet of the lot area devoted to the use.

Miscellaneous use.

The proposed building or structure at the location selected is necessary for public convenience and service.

In any residential area, overhead electric power and energy transmission and distribution lines carrying in excess of 69,000 volts may be permitted where:

The proposed use does not have an unduly adverse effect on the general plan for the physical development of the district as embodied in this chapter and in the Comprehensive Plan or portion thereof.

The proposed use will not adversely affect the health and safety of the residents or workers in the area.

The proposed use will have the least possible detrimental effect to the use or development of adjacent properties or the general neighborhood.

In making such findings, the Board shall consider the following factors, and such other factors as the Board may find to be necessary or important to effectuate its review:

Points at which the proposed line crosses heavily traveled highways or streets, or other arteries of transportation, either existing or proposed;

Proximity of the line to schools, churches, theaters, clubs, museums, fairgrounds, or other places of assembly, existing or proposed;

The amount and probability of low-level flying over the line and nearness of the line to airports and/or heliports, existing or proposed;

[4]

Any fire hazard or interference with firefighting equipment due to the location and construction of the proposed line;

[5]

Proximity of the line to public parks and recreational areas, existing or proposed;

[6]

Effect upon property values of those who will not be compensated for a taking under the laws of the state;

[7]

The effect upon environmental quality and ecological balance of protected watersheds, planned open space between corridors of development and greenbelt areas surrounding community development; and

[8]

Proximity of the line to historic sites and structures.

Temporary structures incidental to construction. Subject to the following conditions, temporary structures incidental to construction shall be permitted in all districts as a conditional use (PC):

That it is removed when construction is finished.

That the structure remains for only a period of one year with extensions totaling one year permitted upon application to and approval of the Zoning Administrator.

Satellite parking. Subject to the following conditions, satellite parking shall be permitted in all districts, except the Resource Conservation District, as a conditional use (PC):

Additional vegetative screening and buffers shall be provided where the lot abuts an alley, street, or residentially used properties or a residential zoning district.

Impacts to existing Town infrastructure shall be resolved or mitigated. Impact studies shall be completed and provided to the Town, including but not limited to stormwater, traffic, etc.

§ 120-4.3.1 Purpose and applicability.

Purpose of regulations and district.

It is the purpose of this section to establish regulations and procedures necessary to preserve the historic structures and character of Chesapeake City.

The purposes of the Historic Area District are as follows:

To preserve structures of historic and architectural value.

Applicability. These provisions shall apply within the Historic Area District as is shown on the Official Zoning Map of Chesapeake City.

Historic District Commission.

The establishment and proceedings of the Historic District Commission shall be as provided for in § 120-2.1.4 of this chapter.

Every application considered by the Historic District Commission shall be accepted or rejected by that Commission.

§ 120-4.3.2 Historic District Commission permit required.

Application. An application shall include all plans for construction, erection, reconstruction, alteration, excavation and changes in the exterior of the building.

Procedures.

[Amended 1-27-2020 by Ord. No. 2020-001]

The applicant files an application for a building permit with the Zoning Administrator.

After hearing from the applicant and any other interested persons at the meeting, the Commission shall, within 30 days of its meeting on the application, make its decision public.

The applicant shall receive a written notification of the Commission's decision. In the event of a denial of a permit, reasons for such denial shall be included with the written notification.

In reviewing applications, the Historic District Commission shall state in writing its findings of fact related to:

The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

The relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area;

The general compatibility of exterior design, arrangement, texture and materials proposed to be used;

The extent to which the building or structure would be harmonious with, or incongruous to, the environmental setting of the Historic District; and

Any other factors including aesthetic and environmental factors which the Committee deems pertinent.

Standards for exercising judgment.

The Historic District Commission is not required to limit new construction, alteration, or repair to the architectural style of any one period.

The structure is a deterrent to a major improvement program which will be of substantial benefit to the Town of Chesapeake City;

Retention of the structure would cause undue financial hardship to the owner; and/or

The retention of the structure would not be in the interest of the Town as provided for in the adopted Comprehensive Plan.

§ 120-4.3.3 Permit approval or rejection.

[Amended 1-27-2020 by Ord. No. 2020-001]

§ 120-4.3.4 Ordinary maintenance; work under prior permit.

[Amended 8-14-2023 by Ord. No. 2023-002]

§ 120-4.3.5 Appeals.

§ 120-4.3.6 Architectural easements.

Chesapeake City City Zoning Code

PART 4

Zoning Districts and Allowable Uses

§ 120-4.1.1 Zoning Map; interpretation of boundaries.

General. This article establishes the zoning districts applied to property within the Town and adopts the Official Zoning Map.

Zoning Map adopted by reference.

The Zoning Administrator shall keep current official Critical Area Overlay District Maps in the Town office, making such maps available upon request of any person.

Rules for interpretation of boundaries. Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

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.

Replacement of Official Zoning Map.

The Planning Commission shall certify as to the accuracy of the new Official Zoning Map prior to its adoption by the Town Council.

§ 120-4.1.2 Zoning of annexed lands.

§ 120-4.2.1 Town divided into zoning districts.

Purposes of zoning districts. The purposes of the individual zoning districts and the manner in which they are to be applied are as follows:

§ 120-4.2.2 Land uses by district.

[Amended 9-9-2013 by Ord. No. 08.12.2013; 5-15-2017 by Ord. No. 01.09.2017; 1-28-2019 by Ord. No. 1.14.2019.A; 5-22-2023 by Ord. No. 2023-003]

P: permitted use. Uses designated by the letter "P" shall be permitted subject to all applicable regulations.

PC: conditional use. Uses designated by the letters "PC" shall be permitted subject to certain conditions. The conditions are listed § 120-4.2.3.

SE: special exceptions. The Board of Appeals in accordance with § 120-2.2.7 may authorize uses requiring a special exception designated by the letters "SE."

Table 1 (Part 1 of 4) Permitted Uses by Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Residential
Single-family residences
Single-family residential; detached	P	P				P
Single-family residential; attached (townhouse)	SC	P	P				§ 120-4.2.3A(1)
Two-family residences
Two-family, duplex	P	P
Primary residence with accessory apartment	P	P
Secondary residential structure auxiliary to existing house	P	P
Multifamily building	SC	P	P				§ 120-4.2.3A(2)
Residential uses emphasizing special services, treatment, or supervision
Group home	P	P	P			P
Halfway house				P
Intermediate care institutions	SE	P	P			P
Day care
Day care home (fewer than 7 people)	P	P	P			P
Day-care center, day nursery (between 7 and 16 people)	PC	PC	PC	PC		PC	§ 120-4.2.3A(3)
Day-care center, day nursery (between 16 and 30 people)		PC	PC	PC		PC	§ 120-4.2.3A(3)
Homeless shelter¹		SE	SE	SE
Bed-and-breakfast and country inns	P	P	P	P	P
Home occupations	PC	PC	PC			PC	§ 120-4.2.3A(4)

¹	Permitted as an accessory use to churches and other buildings for religious assembly in the TND Zoning District.

Table 1 (Part 2 of 4) Permitted Uses by Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Commercial, Office and Service
Artist and photographer galleries (retail) and studios, dance/music studios		P	P	P
Retail shops, including service/repair such as clock, jewelry		P	P	P
Convenience, grocery, department, variety, hardware, dry goods stores		P	P	P
Pet shops				P
Nursery for plants, greenhouses			PC	P		P	§ 120-4.2.3B(1)
Banks, financial institutions		P	P	P
Personal service shops and services, such as barber, salon, laundromat, health and fitness center, spa		P	P	P
Professional office		P	P	P
Medical, dental clinics or physician/dentist office		P	P	P
Business offices, including finance, insurance, real estate		P	P	P
Business services, plumbing shops, contractor shops				P
Small-scale manufacturing and assembly such as cabinetmaking, furniture upholstery, printing, publishing, warehousing				PC	PC		§ 120-4.2.3B(2)
Television, radio, computer repair shops, small appliance repair, similar		P	P	P
Building material and supply, boat sales, farm implements storage and sales, feed and grain storage and sales, heavy equipment sales and service				P
Animal hospital, veterinarian clinic				PC			§ 120-4.2.3B(3)
Kennel, cattery				PC		PC	§ 120-4.2.3B(4)
Funeral parlor				P
Motor vehicle sales or rental				P
Marina uses including boat sales and repair, storage, marine-related manufacturing and marine-related business offices				P	P
Filling stations, service stations				PC	PC		§ 120-4.2.3B(5)
Automotive body shop					PC		§ 120-4.2.3B(6)
Restaurants, standard		P	P	P	P
Restaurants, fast-food, drive-in, drive-thru, other than formula				P
Hotels, motels, convention centers, and similar businesses and institutions providing overnight accommodations		P	P	P	P
Resorts			P	P	P	P
Pubs, bars, dance halls, nightclubs, cocktail lounges		PC	PC	P	P		§ 120-4.2.3B(7)
Formula fast-food, formula drive-in, formula drive-thru restaurants				SC			§ 120-4.2.3B(8)
Formula business; all other				SE

Table 1 (Part 3 of 4) Permitted Uses By Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Institutional
Schools
Elementary and secondary (including preschool, kindergarten, associated grounds and athletic and other facilities)	PC	PC	PC			PC	§ 120-4.2.3C(1)
Trade and vocational schools				P	P
Colleges, universities, community colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc.)						SE
Churches and other buildings for religious assembly (including associated residential structures for religious personnel and associated buildings but not including elementary or secondary school buildings)	P	P	P	P	P	P
Social and fraternal clubs and lodges, philanthropic institutions			SE	SE
Intermediate care institutions	SE	P	P	P		P
Nursery schools, day-care centers (more than 30 children)	SE	P	P	P		P
Hospitals, clinics, other medical (including mental health) treatment facilities in excess of 10,000 square feet of floor area			SE	SE
Nursing care institutions, childcare institutions	SE	SE	SE
Libraries, other public administrative and cultural buildings	SE	P	P	P		P
Museums, art galleries, art centers, and similar uses (including associated educational and instructional activities)	SE	P	P			P
Art or cultural center	SE	P	P			P
Recreation, Amusements, Entertainment
Activity conducted entirely within building or substantial structure
Bowling alleys, skating rinks, indoor tennis and squash courts, billiard and pool halls, rifle and pistol ranges, indoor athletic and exercise facilities and similar uses			P	P		P
Cinema, movie theaters			P	P
Activity conducted primarily outside enclosed buildings or structures
Privately owned and operated outdoor recreational facilities such as golf courses and country clubs, swimming or tennis clubs, rifle and pistol ranges, etc., not constructed pursuant to a permit authorizing the construction of some residential development		SE	SE		SE	SE
Publicly owned and operated outdoor recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc., not constructed pursuant to a permit authorizing the construction of another use such as a school	P	SE	SE	SE	SE	SE
Golf driving range						P
Swimming pool, community	SE	SE	SE	SE	SE	P

Table 1 (Part 4 of 4) Permitted Uses By Zoning District					P: permitted PC: permitted, subject to conditions SE: special exceptions SC: special exceptions, subject to conditions
	Zoning Districts
Land Use	TND	V-1	V-2	GC	MC	RC	Use Regs.
Emergency Services
Police station	SE	SE	P	P	P
Fire station	SE	SE	P	P	P
Rescue squad, ambulance service	SE	SE	P	P	P
Civil defense operation	SE	SE	P	P	P
Miscellaneous Uses
Utilities
Neighborhood service	P	P	P	P	P	P
Water or sewage treatment facilities	P	P	P	P	P	P
Public utility buildings and structures	P	P	P	P	P	P
Public utility buildings and structures with towers or antennas				SC		SC	§ 120-4.2.3D(1)
Temporary structures incidental to construction (nonresidential)	PC	PC	PC	PC	PC	PC	§ 120-4.2.3D(2)
Christmas tree sales	P	P	P	P	P	P
Satellite parking	PC	PC	PC	PC	PC

§ 120-4.2.3 Standards for conditional and special exception uses.

[Amended 9-9-2013 by Ord. No. 08.12.2013; 1-28-2019 by Ord. No. 1.14.2019.A]

Residential uses.

Single-family attached, townhouses. Subject to the following conditions, townhouse developments shall be permitted as a special exception use (SC) in the TND District:

The front setback shall be exclusively devoted to landscaping and open area and shall not be occupied by any building, structure, or off-street parking area.

The minimum setback between any two principal buildings on the same lot shall be 25 feet.

The minimum lot area for the development shall be one acre.

Multifamily buildings. Subject to the following conditions, multifamily buildings shall be permitted as a special exception use (SC) in the TND District:

A minimum of 30% of the total tract area shall be maintained as open area and shall not be devoted to service driveways, off-street parking, or loading spaces. It is further provided that 25% of the open area is suitable for usable recreational space and each recreational space shall be at least 50 feet in the least dimension with a minimum area of 5,000 square feet.

The front setback shall be exclusively devoted to landscaping and open area and shall not be occupied by any building, structure, or off-street parking area.

The minimum setback between any two principal buildings on the same lot shall be 25 feet.

All such uses shall be located so as to permit the safe pick up and delivery of all people on this site.

The area of the property shall contain no less than 1,000 square feet per individual that may use the center at any one time.

Home occupations. Subject to the following conditions, home occupations shall be permitted in the TND, V-1, V-2, and RC Districts as a conditional use (PC):

Not more than one person other than members of the family residing on the premises shall be engaged in such occupation.

No equipment, process, or occupation shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable outside of the dwelling unit.

No more than 25% of the floor area of the dwelling, including an attached garage, may be used for the home occupation.

No article of commodity shall be offered for sale, except that incidental to services offered, or publicly displayed on the premises.

Parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

A private educational institution, boardinghouse, rooming house, or tourist home shall not be deemed a home occupation.

Commercial uses.

Nursery for plants, greenhouses. Subject to the following conditions, nurseries for plants and greenhouses shall be permitted in the V-2 District as a conditional use (PC):

No such horticultural nursery or commercial greenhouse shall be located on a tract of land containing less than two acres.

No part of any building thereon shall be less than 50 feet from the nearest property line.

Greenhouses shall have a minimum setback of twice the height of the building

Storage of all materials which produce odors or attract pests shall be covered.

Small-scale manufacturing and assembly. Subject to the following conditions, small-scale manufacturing and assembly uses shall be permitted in the GC and MC Districts as a conditional use (PC):

Minimum lot area shall be 10,000 square feet and minimum lot width shall be 150 feet.

Notwithstanding the yard regulations for the district, no part of any building, accessory structure, or sign shall be located closer than 100 feet to any dwelling.

No parking or storage of material or products shall be permitted in the required front yard.

Animal hospital, veterinarian clinic. Subject to the following conditions, animal hospital and veterinarian clinic uses shall be permitted in the GC District as a conditional use (PC):

Minimum lot area shall be 20,000 square feet.

All operations in connection with the clinic must be conducted indoors.

Screening and vegetative landscaping shall be used along lot lines which adjoin a residential lot in a residential zoning district.

[Amended 5-22-2023 by Ord. No. 2023-003]

No work on large animals (bovine or equine) is to be performed on the premises.

Kennel, cattery. Subject to the following conditions, a kennel and cattery shall be permitted in the GC and RC Districts as a conditional use (PC):

The kennel/cattery operator shall follow all applicable regulations of the Cecil County Animal Control Ordinance.

Filling stations, service stations. Subject to the following conditions, filling stations and service stations shall be permitted in the GC and MC Districts as a conditional use (PC):

No fuel pump, oil draining pit, or other vehicle appliance for serving automobiles shall be located within 25 feet from the front property line.

Bulk storage of flammable liquids shall be underground.

The entrance and exit of any such establishment shall be at least 50 feet from any residential lot.

No storage or stockpiling of tires or any trash shall be permitted.

All inoperative vehicles shall be completely screened from view of rights-of-way and adjoining properties.

An area, enclosed by a wall or fence, screened from view of adjoining properties and rights-of-way shall be established whenever outdoor storage is required.

No fuel pumps, structures or buildings shall be erected within 150 feet of any dwelling.

All lights shall be diverted toward the station and downward on the lot.

No storage or stockpiling of tires or any trash shall be permitted.

Automotive body shop. Subject to the following conditions, an automotive body shop shall be permitted in the MC District as a conditional use (PC), subject to the following conditions:

Vegetative screening and buffers shall be provided where the lot abuts residentially used properties or a residential zoning district.

No gasoline shall be dispensed.

All lights shall be diverted toward the facility or downward on the lot.

A low screening wall and/or hedge shall be provided along all rights-of-way, except at points of vehicular access to the lot and except where vehicular sight distance might be compromised.

There shall be no bulk storage of flammable liquids on the premises.

No storage or stockpiling of tires or any trash shall be permitted.

(7)

Hours of operation shall be limited to midnight.[1]

Editor's Note: So in original.

Maximum allowed noise levels by time of day shall not exceed levels set forth in Chapter 181, Noise, of the Town Code, as may be supplemented or amended from time to time.

Loitering shall not be permitted around the exterior of the establishment.

(8)

The use will not constitute a nuisance because of noise, illumination, fumes, odors, or physical activity in the location proposed.

Adequate spaces for stacking (lineup) at drive-through facilities shall be provided. Specifically, spaces are seven per station, five of which must be before the ordering stations (intercom).

Vehicular access shall not be by means of any street internal to a subdivision for single-family dwellings.

(j)

(k)

Educational, cultural, and institutional uses.

Minimum lot area shall be one acre.

In the TND, V-1, and V-2 Districts, off-street parking shall be provided in the side or rear yard.

Building coverage shall not exceed 25% of the lot.

The maximum attendance (number of students physically present) at any one time shall not exceed one student per 1,000 square feet of the lot area devoted to the use.

Miscellaneous use.

The proposed building or structure at the location selected is necessary for public convenience and service.

In any residential area, overhead electric power and energy transmission and distribution lines carrying in excess of 69,000 volts may be permitted where:

The proposed use does not have an unduly adverse effect on the general plan for the physical development of the district as embodied in this chapter and in the Comprehensive Plan or portion thereof.

The proposed use will not adversely affect the health and safety of the residents or workers in the area.

The proposed use will have the least possible detrimental effect to the use or development of adjacent properties or the general neighborhood.

In making such findings, the Board shall consider the following factors, and such other factors as the Board may find to be necessary or important to effectuate its review:

Points at which the proposed line crosses heavily traveled highways or streets, or other arteries of transportation, either existing or proposed;

Proximity of the line to schools, churches, theaters, clubs, museums, fairgrounds, or other places of assembly, existing or proposed;

The amount and probability of low-level flying over the line and nearness of the line to airports and/or heliports, existing or proposed;

[4]

Any fire hazard or interference with firefighting equipment due to the location and construction of the proposed line;

[5]

Proximity of the line to public parks and recreational areas, existing or proposed;

[6]

Effect upon property values of those who will not be compensated for a taking under the laws of the state;

[7]

The effect upon environmental quality and ecological balance of protected watersheds, planned open space between corridors of development and greenbelt areas surrounding community development; and

[8]

Proximity of the line to historic sites and structures.

Temporary structures incidental to construction. Subject to the following conditions, temporary structures incidental to construction shall be permitted in all districts as a conditional use (PC):

That it is removed when construction is finished.

That the structure remains for only a period of one year with extensions totaling one year permitted upon application to and approval of the Zoning Administrator.

Satellite parking. Subject to the following conditions, satellite parking shall be permitted in all districts, except the Resource Conservation District, as a conditional use (PC):

Additional vegetative screening and buffers shall be provided where the lot abuts an alley, street, or residentially used properties or a residential zoning district.

Impacts to existing Town infrastructure shall be resolved or mitigated. Impact studies shall be completed and provided to the Town, including but not limited to stormwater, traffic, etc.

§ 120-4.3.1 Purpose and applicability.

Purpose of regulations and district.

It is the purpose of this section to establish regulations and procedures necessary to preserve the historic structures and character of Chesapeake City.

The purposes of the Historic Area District are as follows:

To preserve structures of historic and architectural value.

Applicability. These provisions shall apply within the Historic Area District as is shown on the Official Zoning Map of Chesapeake City.

Historic District Commission.

The establishment and proceedings of the Historic District Commission shall be as provided for in § 120-2.1.4 of this chapter.

Every application considered by the Historic District Commission shall be accepted or rejected by that Commission.

§ 120-4.3.2 Historic District Commission permit required.

Application. An application shall include all plans for construction, erection, reconstruction, alteration, excavation and changes in the exterior of the building.

Procedures.

[Amended 1-27-2020 by Ord. No. 2020-001]

The applicant files an application for a building permit with the Zoning Administrator.

After hearing from the applicant and any other interested persons at the meeting, the Commission shall, within 30 days of its meeting on the application, make its decision public.

The applicant shall receive a written notification of the Commission's decision. In the event of a denial of a permit, reasons for such denial shall be included with the written notification.

In reviewing applications, the Historic District Commission shall state in writing its findings of fact related to:

The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

The relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area;

The general compatibility of exterior design, arrangement, texture and materials proposed to be used;

The extent to which the building or structure would be harmonious with, or incongruous to, the environmental setting of the Historic District; and

Any other factors including aesthetic and environmental factors which the Committee deems pertinent.

Standards for exercising judgment.

The Historic District Commission is not required to limit new construction, alteration, or repair to the architectural style of any one period.

The structure is a deterrent to a major improvement program which will be of substantial benefit to the Town of Chesapeake City;

Retention of the structure would cause undue financial hardship to the owner; and/or