Queen Annes County Unincorporated
City Zoning Code
City Zoning Code
PART 2
Purpose and Scope
§ 18:1-4 Statement of purpose; interpretation.
A.
Purpose.
(1)
The purpose of this Chapter 18:1 is to implement the 2002 Queen Anne's County Comprehensive Plan and promote the health, safety and general welfare of the present and future inhabitants of the County by:
(a)
Giving effect to policies and proposals of the Comprehensive Plan;
(b)
Dividing the unincorporated area of the County into zoning districts of distinct community character according to:
[1]
The use of land and buildings;
[2]
The intensity of such use (including bulk and height); and
[3]
Surrounding open space.
(c)
Preserving and enhancing the County's rural character;
(d)
Preserving and protecting the County's natural resources and protecting the waters of the Chesapeake Bay and its tributaries;
(e)
Regulating and restricting the location and use of buildings, structures and land for trade, industry, residences and other uses;
(f)
Lessening the danger and congestion of traffic on the roads and highways; limiting excessive numbers of intersections, driveways and other friction points; minimizing other hazards; and ensuring the continued usefulness of all elements of the existing highway system for their planned function;
(g)
Securing safety from fire, panic, flood and other dangers;
(h)
Providing adequate privacy, light and air;
(i)
Protecting the tax base by facilitating cost-effective development within the County;
(j)
Promoting economy in local government expenditures;
(k)
Protecting the values of property throughout the County;
(l)
Protecting landowners from adverse impacts of adjoining developments;
(m)
Encouraging in-fill development;
(n)
Mitigating the off-site impacts of new development in public facilities; and
(o)
Preserving open space as new development occurs.
(2)
The purposes listed in Subsection A(1) of this section serve to balance the interests of the general public of the County and those of individual property owners.
B.
Interpretation of chapter. This Chapter 18:1 shall be interpreted, whenever an administrator or the judiciary is called upon to do so, in conformance with the purposes intended by the County Commissioners. The intent of the standards and supporting definitions is to protect both individual property owners and the general public from adverse impacts that might otherwise be the result of a proposed land use. To this end, those called upon to interpret this Chapter 18:1 shall:
(1)
Determine the public purposes of the standards with respect to which an interpretation is required;
(2)
Determine the actual impact of various proposed interpretations, permitting flexibility in design by prohibiting any interpretation that lowers the protection afforded to the public; and
(3)
Determine that the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by the landowner's land use proposal.
§ 18:1-5 Relation to other laws.
A.
Other regulations and laws.
(1)
All provisions of this Chapter 18:1 shall be construed to be in addition to all other applicable laws, ordinances and regulations of the federal government, the State of Maryland or Queen Anne's County, and in case of any conflict between this Chapter 18:1 and any other law, ordinance or regulation, the more restrictive shall prevail. Reference in this Chapter 18:1 shall be to any law, statute, ordinance or regulation in force on the date of enactment of this Chapter 18:1 or as amended and in force at the time to which such reference relates.
(2)
The Planning Director shall prepare a document for members of the public intending to develop property that provides appropriate guidance on all necessary and applicable local, state, and federal laws and regulations that may be related to development in the County, which may be amended as necessary. Any error or omission in such guidance document shall not relieve an affected person from responsibility of compliance with such applicable laws and regulations.
B.
Growth area plan regulations. Separate ordinances may be adopted for designated growth areas. The additional ordinances are intended to supplement this Chapter 18:1.
C.
Chesapeake Bay Critical Area Act. The requirements of the County Chesapeake Bay Critical Area Act are intended to supplement this Chapter 18:1.[1]
[1]
Editor's Note: See Ch. 14:1, Chesapeake Bay Critical Area Act.
§ 18:1-6 Applicability.
The provisions of this Chapter 18:1 apply to the entire County except those portions that lie within the boundaries of incorporated towns. Special attention has been given to making this Chapter 18:1 conform to the 2002 Queen Anne's County Comprehensive Plan, and great care has been taken to follow carefully the goals of the Comprehensive Plan and to insure that the standards and Zoning Maps will achieve the goals and objectives of the Comprehensive Plan.
§ 18:1-7 Effective date; disposition of pending matters.
A.
General effective date. Except as otherwise provided in this section, this Chapter 18:1 shall take effect and be enforced 45 days after its passage.
B.
Building permits. Construction may be started and/or completed under the terms of a building permit issued prior to the effective date of this Chapter 18:1 if the building permit was in force and fully valid on that date. The construction is subject to:
(1)
All terms of the permit;
(2)
The ordinance under which it was issued; and
(3)
If applicable, the provisions of Subsection D of this section.
C.
Pending matters. Any of the following matters filed prior to the effective date of this Chapter 18:1 shall be processed and/or decided in accordance with the ordinance in effect on the date on which the particular matter was filed:
(1)
Completed applications for building permits;
(2)
Completed applications for subdivision approval, other than applications involving a major subdivision;
(3)
Completed applications for approval of a major subdivision, if such application received preliminary approval by the Planning Commission prior to the effective date of this Chapter 18:1; and
(4)
Any matter on appeal to the Board of Appeals.
D.
Duration of site plan approval.
(1)
A project may be started and/or completed in accordance with final site plan approval given prior to the effective date of this Chapter 18:1, or in accordance with Subsection C(3) of this section under the terms of the ordinance governing the approval. However, the approval shall expire at the later of:
(a)
Two years from the effective date of this Chapter 18:1; or
(b)
Two years from the date of the final approval.
(2)
On written application of the owner prior to the time of the expiration provided in Subsection D(1) of this section, the Planning Commission may not grant an extension unless it finds that the owner has not effectively abandoned the project, such as where construction has not been completed for reasons beyond the control of the owner and the owner's contractors and agents.
E.
Effect of section. With respect to any building permit or pending matters referred to in Subsection B, C, or D of this section, nothing in this section shall be construed to:
(1)
Affect the status of any use or structure involved in any permit, application, approval, or pending matter as a nonconforming use or structure under this Chapter 18:1;
(2)
To extend, enlarge, or otherwise affect the provisions of any prior ordinance relating to the duration, expiration, or termination of any permit, application, approval, or pending matter; or
(3)
To revive or give any other effect to any permit, application, approval, or pending matter that has been, or is hereafter deemed to be, abandoned or terminated under the provisions of this Chapter 18:1 or any prior ordinance that is applicable.
F.
Approved subdivision. Any lot in a subdivision that received final approval of the Planning Commission after June 1, 1965, and prior to the effective date of this Chapter 18:1 which was not recorded prior to the effective date of this Chapter 18:1 will, upon recordation of the subdivision plat, be deemed as a lot of record as of the date of Planning Commission final approval and shall be processed under the terms of this Chapter 18:1 as if recorded on the date of final approval, provided that the lots have at least 35 feet of frontage along a public or private road. However, where the property owner demonstrates eligibility for and participation in the MALPF program, instead of complying with the frontage requirement above, the property owner may provide a duly recorded access easement that runs between the road and the newly created lot, which is at least 35 feet in width.
G.
Approved transfer of development rights. Any original instrument of transfer that has received approval by the Planning Director and has been recorded in the land records after April 9, 1987, and prior to the effective date of this Chapter 18:1 may be processed under the terms of the ordinance in effect on the date such transfers were approved.
H.
Approved subdivisions utilizing noncontiguous development technique.
(1)
Any open space on a developed parcel included in a noncontiguous development subdivision, finally approved before July 25, 1999, may be further developed as permitted under the terms of Subdivision Regulations in effect on the date of final approval.
(2)
Any open space on a noncontiguous parcel included in a noncontiguous development subdivision, finally approved before July 25, 1999, may be reconfigured or administratively subdivided to adjust lot lines and may be further subdivided to create no more than one additional lot of record subject to the restrictions of § 18:1-13K and further provided that open space use restrictions shall not be affected.