ZONING CODE REGULATIONS CHAPTER 225 COUNTY CODE WICOMICO COUNTY MARYLAND

Transcription

1 ZONING CODE REGULATIONS CHAPTER 225 COUNTY CODE WICOMICO COUNTY MARYLAND JULY 20, 2004 (Effective September 18, 2004)

2 ARTICLE I PURPOSE AND AUTHORITY Section Short Title... 8 Section Legislative Authority... 8 Section Intent... 8 Section Jurisdiction... 9 Section Method of Regulation; Interpretation Section Chesapeake Bay Critical Area Program Section Conformity with Provisions Section Severability Section Fees Section Six Year Review Required Part I Enforcement ARTICLE II ADMINISTRATION AND ENFORCEMENT Section Procedures for Enforcement Section Lots Divided by Zoning Boundary Lines Section Required Documentation Section Zoning Authorization Requirement Section Permitted Uses Not Requiring Zoning Authorization Part II Open Space Covenants, Bylaws and Condominium Documents Section Open Space Covenants Section Condominiums Part III Zoning Map Section Official Zoning Map Section Replacement of the Official Zoning Map Section Location and Boundaries of Districts Section Interpretation of the Zoning Map Part IV Amendments, Remedies, Penalties and Conflict with Other Laws Section Amendments...18 Section Conditional Zoning or Rezoning Section Remedies Section Violations and Penalties Section Conflict with Other Laws ARTICLE III BASIC DEFINITIONS AND INTERPRETATIONS Section Definitions of Basic Terms

3 Part I Zoning Districts Established ARTICLE IV ZONING DISTRICTS Section Districts Established Part II Resource Conservation Districts Section A-1 Agriculture-Rural District Section V-C Village Conservation District Part III Residential Districts Section R-8 Residential District Section R-15 Residential District Section R-20 Residential District Section R-30 Residential District Section REC, Residential, Educational and Cultural District Section TT Town Transition District Part IV Commercial Districts Section C-1 Select Commercial District Section C-2 General Commercial District Section C-3 Regional Commercial District Part V Institutional, Business and Industrial Districts Section LB-1 Light Business and Institutional District Section LB-2 Light Business and Residential District Section AB Airport Business District Section I-1 Light Industrial District Section I-2 Heavy Industrial District Part VI Special Districts SubPart A - Overlay Districts Section A-2 Airport Overlay District Section HP, Historic Preservation Districts Section Paleochannel Overlay District Section Neighborhood Preservation Overlay District SubPart B - Legislatively Approved Floating Districts Section Approval Section Corporate Industrial District (CID) Section Planned Unit Development District (PUD) Section Planned Development District (PDD)

4 ARTICLE V DEVELOPMENT OPTIONS Part I Cluster Development Options Section Cluster Developments - General Requirements Section A-1 Cluster Development Section Residential Cluster Development Part II Planned Development Section General Requirements for Planned Developments Section Planned Village Conservation Development (PVCD) Section Planned Business Centers (PBC) Section Planned Industrial Park (PIP) Part III Transfer of Development Rights Section Transfer of Development Rights (TDR) ARTICLE VI ACCESSORY AND PRINCIPAL USES Part I Accessory Uses Section Accessory Uses and Structures Section Accessory Apartments Section Animals in Residential Districts Section Outside storage Section Gasoline pump island and canopies Part II - Principal Uses Section More Than One Principal Use on a Lot Section Reserved Section Reserved Section Table of Permitted Uses - Designations ARTICLE VII DENSITY AND DIMENSIONAL REGULATIONS Section Residential Density Section Minimum Lot Widths and Frontage Section Setback Requirements Section Building Limitations Section Density on Lots Where Portion Dedicated to the County Section Lighting Requirements Section Schedule of District Regulations Section Schedule of Maximum and Minimum Permitted Residential Densities

5 ARTICLE VIII SPECIAL STANDARDS FOR PARTICULAR USES Section Agriculture Operation, Farming Section Airfield or Airport Privately Owned and Managed Section Apartment Buildings Section Assembly of Finished Products Section Bed and Breakfast Section Campgrounds and Recreational Vehicle Parks Section Day Care Section Cemeteries and Family Burial Grounds Section Crematorium Section Dwelling - Emergency Housing Section Dwelling-Hardship Housing Section Dwelling - Manufactured Home - Doublewide Section Dwelling - Manufactured Home - Singlewide Section Dwelling - Tenant House Section Dwelling - Townhouse Section Farm-Related Business Section Farmers' Markets Section Feedlots Section Golf Courses Section Guest Rooms Section Group Homes/Youth Group Homes Section Home-Based Business Section Hospitals Section Kennels, Commercial Section Light Industry Section Livestock Market Section Manufactured Home Parks Section Marinas Section Nursery, Commercial Section Places of Religious Assembly Section Poultry Houses Section Rehabilitative Housing Section Retail Sales Section Rifle and Pistol Ranges, Archery Ranges, Skeet Shooting Ranges, or Other Recreational Weapons, Outdoor, Commercial Section Salvage Yard Section Sand, Gravel and Clay Excavations Section Sawmill and Other Wood Process Facilities, Except Treatment Section Service Establishments Section Schools of General Instruction Section Shopping Centers Section Theater, Outdoor Section Warehouse Section Wayside Stand Section Wireless Telecommunication Facilities

6 ARTICLE IX SIGNS Section Purpose Section Signs Excluded From Regulation Section General Regulations Section Signs in the Public Right-of-Ways Section Computations Section Certain Temporary Signs Section Outdoor Advertising Structures Section Permitted Permanent Signs Section Specific Use Permanent Signage Section Master Signage Plan ARTICLE X OFF-STREET PARKING AND LOADING Section Purpose Section Access Section Minimum Dimensions for Maneuvering Space Section General Off-street Parking Requirements Section Off-Street Parking Requirements for Individual Districts Section Number of Spaces Required Section Flexibility in Administration Required Section Stacking Lanes Section Off-street Loading and Unloading ARTICLE XI LANDSCAPE, SCREENING, AND SENSITIVE AREAS STANDARDS Part I Landscape Standards Section Landscaping requirements Section Plan Requirements for Landscaping and Screening Section Landscaping Materials Section Acceptable Trees and Shrubs Section Landscaping for Public Utilities Section Landscaping of Parking Facilities Section Screening, Fencing and Slope Requirements Section Use Requirements Part II Environmental Standards for Sensitive Areas Section Stream Buffers and Floodplains Section Non-tidal Wetland Buffers Section Steep Slopes

7 ARTICLE XII NONCONFORMING USES AND NONCONFORMING SPECIAL EXCEPTIONS Section Applicable Provisions Section Nonconforming Lots of Record Section Nonconforming Special Exceptions Section Completion of Nonconforming Projects ARTICLE XIII APPEALS, INTERPRETATIONS, VARIANCES AND SPECIAL EXCEPTIONS Section Appeal from Enforcing Officer's Decision Section Special Exceptions Section Variances Section Application for Matters of Original Jurisdiction Section Burden of Proof in Appeals and Matters of Original Jurisdiction Section Appeal from Decisions of the Board of Appeals

8 ARTICLE I PURPOSE AND AUTHORITY Section Short Title. The provisions within the following articles and sections shall constitute and be known, cited and referred to as the Wicomico County Zoning Regulations which together are Chapter 225, Zoning, of the Code of Wicomico County, Maryland. Section Legislative Authority. By the authority of Acts of the General Assembly of the State of Maryland as set forth in Article 25A of the Annotated Code of Maryland (1957 Edition) and the amendments thereto and by authority set forth in the Charter for Wicomico County, Maryland, the Wicomico County Council is empowered to regulate and restrict the use of land and buildings, regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied by buildings, the size of yards, and open spaces, the density of population and the location and use of buildings, structures and land for agricultural, residential, commercial, industrial, and other uses and to adopt from time to time, by legislation, the Zoning Map and such other regulations and maps as may be required as part of this Chapter. Section Intent. A. The Zoning Regulations and Districts herein set forth and as identified upon the Zoning Map of Wicomico County are made for the purpose of promoting the public health, safety and general welfare and prescribing the most desirable use for which land in each zoning district may be adapted and those uses to be subjected to special regulations, while conserving the value of land throughout the County. The height, bulk and location of buildings and other structures, the area of yards, courts and setbacks and other open spaces, the density of population and intensity of use of buildings and land, the use and conservation of waterfront areas, and the use of structures and land for residential, commercial, industrial, institutional or other purposes, are hereby restricted and regulated as hereinafter provided. B. Such regulations have been designed to preserve open space, protect the Chesapeake Bay, lessen congestion in the streets and preserve agriculture. They have been made with reasonable regard, among other things, to the character of each zoning district and its suitability for particular uses as well as the preservation of the natural environment throughout Wicomico County. C. All such zoning regulations and the Zoning Map shall be enacted for the purposes of: (1) Preserving and promoting the health, safety and welfare of the citizens of Wicomico County; (2) Guiding the future growth and development of the County generally in accordance with the Wicomico County Comprehensive Plan in a manner which results in the most beneficial land use relationships among residential, nonresidential and public areas; (3) Providing for the orderly growth and development of the County in a manner which will protect, conserve and stabilize the value of land, structures and neighborhoods; 8

9 (4) Providing adequate light, air and privacy of building areas and lots, securing safety from fire and other danger and preventing overcrowding of land and undue congestion of population; (5) Providing for coordination between the use of land and structures and the street and highway system in order to avoid congestion in the streets and to promote safe and convenient traffic circulation; (6) Regulating and coordinating development activities to provide for the adequate provision of public facilities and services; (7) Providing for a variety of housing types in diverse living environments within the income levels of county citizens; (8) Providing open space to protect the archeological, historic, scenic and natural features of the County, as well as providing recreation spaces for existing and future citizens; (9) Preserving farmland and the agricultural land base. (10) Protecting and preserving the archeological and historic features of the County, including human burial sites. D. It is also the objective of this Chapter to implement the eight "Visions" contained in the Maryland Growth Management, Resource Protection and Economic Development Act of 1992, as amended, in order that: (1) Development is concentrated in suitable areas; (2) Sensitive areas are protected; (3) In rural areas, growth is directed to existing population centers and resource areas are protected; (4) Stewardship of the Chesapeake Bay and the land is a universal ethic; (5) Conservation of resources, including a reduction in resource consumption, is practiced; (6) To assure the achievement of 1 through 5 above, economic growth is encouraged and regulatory mechanisms are streamlined; (7) Adequate public facilities and infrastructure under the control of the County or municipal corporation are available or planned in areas where growth is to occur; and (8) Funding mechanisms are in place to achieve this policy. E. The statement of intent and visions contained in this section shall provide the basis for consideration of all zoning forms of action as may be required of staff, the Planning and Zoning Commission and the Board of Appeals by this Chapter. Section Jurisdiction. A. This Chapter shall apply to all land, structures and buildings within the boundaries of Wicomico County, including all submerged lands and water areas, streets, rights of way, future rights of way and redevelopment, except as provided in paragraph B below and except within the incorporated areas of any municipality. B. This Chapter shall not apply to land, buildings or other structures owned by or leased solely to the Federal Government, the State of Maryland, Wicomico County, or any municipality within Wicomico County, provided that such land, buildings or other structures are used for a public purpose. 9

10 Section Method of Regulation; Interpretation. A. The method to be used for carrying out the legislative intent shall be by legislation of the Wicomico County Council dividing the County into districts of such number, shape and area as may be deemed best suited to carry out the purpose of the Act mentioned in Section Within such districts, the Council may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The regulations herein are intended to carry out the mandate of the Act expressed in the preceding sentence. B. The requirements of this Chapter are deemed minimum standards except for those standards which establish maximum particular regulations. C. Certain development regulations have been established that apply to all uses within a district while other more restrictive regulations apply to specific uses. In the event of a conflict between general regulations and specific standards, the more particular provisions shall apply. D. This chapter of the Wicomico County Code shall not be deemed to abrogate or otherwise affect in any manner whatsoever any other chapter of this code, rules, regulations or easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other chapters of this code, rules, regulations or easements, covenants or other agreements, the provisions of this chapter shall prevail. E. Headings. All titles, headings and captions used in this Chapter have been included for administrative convenience only and do not constitute matters to be construed in interpreting this Chapter. F. In interpreting the appropriateness of proposed uses, the most recent volume of the North American Industry Classification System, or a comparable source, shall be used to determine similarity to delineated uses in the zoning district. Section Chesapeake Bay Critical Area Program. The requirements of this Chapter are hereby modified to the extent necessary in order that all land within Critical Areas, as established by the Chesapeake Bay Critical Area Commission, the Wicomico County Critical Area Program and Chapter 125 of the Wicomico County Code, shall also comply with the provisions of the Wicomico County Chesapeake Bay Critical Area Program and Chapter 125, where applicable. Section Conformity with Provisions. A. No building, structure or use of land regulated under this Chapter may be used, occupied, altered, erected, located, constructed or reconstructed unless in conformity with the regulations contained in the Chapter. B. It is the intent of this Chapter that it be interpreted as prohibiting any use not expressly 10

11 authorized, whether as a permitted, accessory, special exception, or nonconforming use. Section Severability. It is hereby declared to be the intention of the County Council that the sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Chapter since the same would have been enacted without the incorporation into this Chapter of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase. Section Fees. A. The County Council shall establish a schedule of fees, charges and expenses for applications for all zoning matters pertaining to this Chapter. Such schedules shall be available at the Wicomico County Department of Planning, Zoning and Community Development. The County Council may amend the fee schedule from time to time in Executive Session. B. These fees may include payment to the County of the cost of employing consulting services of an independent engineer, architect, landscape architect, planner or similar professional to assist the County. C. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal pertaining to this Chapter. Section Six Year Review Required. Commencing on or before the sixth (6 th ) year anniversary date of the adoption of this Chapter, and every sixth (6th) year thereafter, the County Council shall direct the Planning and Zoning Commission to undertake a comprehensive review of the Zoning Chapter and the Official Zoning Map. ARTICLE II ADMINISTRATION AND ENFORCEMENT Part I Enforcement Section Procedures for Enforcement. A. Zoning enforcement. It shall be the duty of the Planning Director, or his designated representative, to supervise the Zoning Administrator and to administer and enforce the provisions of this Chapter. B. Enforcement. The method for enforcing this Chapter and the procedures to be followed in making application for zoning authorization shall be as follows: (1) If the Zoning Administrator shall find that any of the provisions of this Chapter are being or have been violated, he shall: 11

12 [a] [b] Notify the owner of the property and/or the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. Order discontinuance of any illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or take any other action authorized by this Chapter to ensure compliance with or to prevent violation of its provisions. [c] All such actions shall be consistent with the provisions of Section , Remedies, and Section , Violations and Penalties, of this Chapter. C. All departments, officials and public employees of Wicomico County who are vested with the authority to issue permits shall conform to the provisions of this Chapter and shall not issue any permit for any use of land, building, structure or purpose which would be inconsistent with the provisions herein set forth. D. Any permit issued in conflict with the provisions of this Chapter shall be null and void. Section Lots Divided by Zoning Boundary Lines. A. Whenever a single lot two (2) acres or less in size is located within two (2) or more different zones, the zoning regulations applicable to the zone which constitutes the larger portion of the lot shall apply to the entire lot. B. Whenever a single lot greater than two (2) acres in size is located within two (2) or more different zones, each portion of that lot shall be subject to all the regulations applicable to the zone in which it is located. Section Applications, Required Documentation. A. Application for zoning authorization. All applications for zoning authorization shall be accompanied by documentation as may be required by the Zoning Administrator which may include: (1) Legal Agreements including, but not limited to, copies of existing deeds and leases, condominium documents, homeowner s association by-laws, or other provisions, or covenants governing the use, maintenance and continued protection of common and developed open space areas, common use, and any covenants pertaining to development of individual lots or parcels to be developed at a future date; and (2) The number of families, housekeeping units or rental units the building is designed to accommodate. B. Site Diagram. All applications for matters of original jurisdiction before the Board of Appeals shall be accompanied by a site diagram which accurately demonstrates where all uses, buildings and structures are to be placed in relation to the applicable lot(s). C. Site Plan. Development requiring a site plan approval shall be permitted only in accordance with all specifications contained on an approved site plan, and shall not be undertaken until the site plan is approved and all required construction permits have been obtained subsequent to such approval. The site plan shall include the following: 12

13 (1) A property survey, prepared by a registered surveyor or engineer, showing the exact boundaries and area of the site. The survey shall include: (a) (b) (c) the location of all existing easements on the site. existing natural features on the site, including streams, forests or wooded areas. the location of all human burial sites. (2) The plan, either on a single sheet or separate sheets, shall show: (a) (b) (c) proposed street systems, lot, partition or subdivision lines or other divisions of the site for management, use or allocation purposes. areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses. a consolidated plan showing the final specific development proposed in its entirety, including the location of buildings, lots, parking areas, stormwater management areas and other improvements, common use and developed open space areas, including areas to be left in a natural state, and all other improvements proposed on the site. (3) Elevation and perspective drawings of each type of proposed structure where required by the Planning Commission. D. Development Plan. Development requiring Development Plan approval shall be permitted only in accordance with all specifications contained on an approved Development Plan, and shall not be undertaken until the Development Plan is approved by the Planning Commission and all required construction permits have been obtained subsequent to such approval. (1) A Development Plan shall include: (a) (b) (c) (d) (e) (f) A site plan showing the location of all streets, pedestrian ways, rail lines, utility systems, landscaped areas, parcel lines, building areas, entrances and exists to be provided; Any restrictions to be included in the sale or lease of land for parking, building location, property maintenance, sign control and any other protective measures; A schedule for the development of streets, grading, utility installation, rail facilities, docking facilities or other improvements to be provided for the project area and occupants thereof; A statement of intent to proceed and financial capability of the developer or sponsor; A community impact statement; and Whatever additional use restrictions the Planning Commission deems necessary to protect the health, safety and general welfare of surrounding residents and properties, provided that such restrictions shall not be so severe as to prevent the development. 13

14 (2) Application. (a) (b) (c) Five (5) copies of a Development Plan shall be submitted to the Planning Director at least thirty (30) days prior to the next regularly scheduled meeting of the Planning Commission when an application is submitted to the Wicomico County Zoning Administrator for a proposed use requiring a Development Plan. Before submitting an application, the applicant may meet with the Department and the Department of Public Works for a pre-application conference to provide the developer with information concerning the requirements of this Chapter, county policies and other related information and to review the general concept of the proposed district before submission to the Planning Commission. The Planning Director may furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing detailed components of the application. (3) Development Plan approval. (a) (b) (c) The Planning Commission may consider deviations or waivers from strict compliance with the standards outlined in this chapter, provided that they are consistent with the purposes of these regulations. The Planning Commission shall also review the location of the development in relation to surrounding uses and public streets serving the development with the consideration to the density of the use and the district in relation to the location on a major through street or adjacent to a higher-density residential district or nonresidential district. If the Planning Commission finds that a proposed Development Plan does not meet the purposes of these regulations, it shall disapprove the plan and shall submit its findings in writing, together with the reasons therefore, to the applicant. (4) Any changes in an approved plan shall be resubmitted for approval in accordance with Paragraph D (2). (5) If any question arises over compliance with this Chapter, the burden of proof shall rest on the applicant, and the Planning Commission may impose any additional conditions on the approval of a Development Plan which are reasonable to protect the public health, safety and welfare. (6) All construction and development under any building permit shall be in accordance with the Development Plan. Any departure from such plan shall be a cause for revocation of a building permit or a denial of an occupancy permit by the Wicomico County Building Inspector. E. If an application for zoning authorization is before any approving authority of the county, and the accompanying papers do not comply in all respects with the regulations of this Chapter, it shall be disapproved by the Zoning Administrator, and the applicant shall be notified in writing. 14

15 (1) The Administrator may, in his discretion, before disapproving any application, return such application to the applicant, who may amend said application, plans or specifications in order to make the proposal comply with the regulations of this Chapter. (2) In such event, the Zoning Administrator shall proceed to pass upon the application as if it were an original one. F. Expiration of Zoning Authorization. If the work described in any zoning authorization, by any approving authority, has not begun within one (1) year, from the date of issuance thereof, said authorization shall expire unless an additional six (6) months is granted by the Zoning Authority. Section Zoning Authorization Requirements. A. No building or other structure shall be constructed, moved, added to or structurally altered and no land used or use of land changed without a zoning authorization being granted. B. No zoning authorization shall be issued which is not in conformity with the provisions of this Chapter, except after written order from the Board of Appeals granting a variance from such nonconformity. Section Permitted Uses Not Requiring Zoning Authorization. Notwithstanding any other provisions of this Chapter, no zoning authorization is necessary for the following uses, however other county permits may be required: A. Facilities such as wires, lines, cables, or pipes and supporting structures thereof that are reasonably necessary to provide local properties with water, sewer, gas, electric, telecommunications or similar services. Such facilities shall not include wireless telecommunication services, wastewater treatment facilities or water supply systems or any cross-country electric transmission lines, telephone trunk lines, microwave stations, transmission pipelines, trunk water lines, interceptor sewer lines, sewage pumping stations, water treatment facilities, water well sites, water storage tanks or radio or television transmission or receiving structures. B. Public Utilities development standards. (1) Area requirements. No area requirements for any use district shall be applicable to public utilities. (2) Whenever practicable, utility buildings shall have the exterior appearance of residential buildings when located in a residential district. (3) Setback Requirements. No setback requirements in any use district shall be applicable to essential services, except as provided in Section , for fencing. (4) For landscaping requirements see Section , Landscaping for Public Utilities. 15

16 Part II Open Space Covenants, Bylaws and Condominium Documents Section Open Space Covenants. A. Whenever common open spaces or common use areas or common use facilities are required by this Chapter or proposed by an applicant as a part of any project plan approval, or where condominium ownership is proposed for any proposed use, the following provisions shall apply: (1) Any such common open spaces, common use areas or facilities and any developed open space shall be made available for the use of all occupants of the development unless otherwise restricted by state or federal law. (2) All such areas shall be protected by legal arrangements satisfactory to the Planning Commission and County Attorney, sufficient to assure the common use, maintenance and preservation of said areas for whatever purpose such areas are approved. (3) Covenants or other legal arrangements shall specify ownership of the common open space, and responsibility for maintenance, and guaranties that all such areas or facilities shall be reserved in perpetuity or owned or controlled by or for the residents, users or occupants. (4) Once approved, no association formed to own and maintain open spaces or common use facilities shall be dissolved, nor shall any covenants, bylaws or other legal arrangements associated with all open spaces or common use areas be modified or changed without the consent of the Planning Commission and the approval of the County Attorney. (5) No open space or common use facilities, specifications or restrictions deemed necessary by the Planning Commission may be changed without the consent of the Planning Commission and the County Attorney. B. When an approved plan provides for open spaces, common use buildings, landscaped areas, recreation facilities, parking areas, structures or other improvements for the common use and benefit of occupants of the developments, the developer may be required by the Planning Commission to guarantee the completion of any or all such spaces, structures, facilities or other such improvements by providing to Wicomico County, in such amount as may be determined: (1) A separate bond or other form of guaranty that such improvements will be completed in a manner acceptable to the Planning Commission; or (2) A bond as a part of the construction improvements plan required by the County Department of Public Works. (3) The bond or other form of guaranty or assurances shall be released in whole or in part when the buildings, structures or improvements have been completed according to the approved plan. Section Condominiums. A. When any use is proposed for condominium-type ownership, the following documents shall be submitted to and approved by the Planning Commission in order to assure compliance with the provision of this Chapter and other local laws and regulations as may apply. 16

17 (1) One copy of a proposed site plan or subdivision plat showing all land and related facilities included in the proposed condominium, the same being any such plat as may be required by the Maryland Horizontal Property Act, provided that such site plan shall show all on-site shared facilities, including parking, landscaped areas, setbacks and other on-site features necessary to demonstrate compliance with the provisions of this Chapter. (2) One copy of the proposed condominium documents demonstrating compliance with all of the requirements of this section, to be reviewed and approved by the County Attorney. B. After approval, all such covenants, condominium documents or other legal arrangements shall be recorded in the land records of Wicomico County. Section Official Zoning Map. Part III Zoning Map A. The unincorporated areas of the County are hereby divided into districts (zoning districts), as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Chapter. B. The Official Zoning Map shall be identified by the signatures of the President of the County Council attested to by the County Administrative Director under the following words: "This is to certify that this is the Official Zoning Map referred to in Article II, Section of the Zoning Chapter of Wicomico County, Maryland", together with the date of the adoption of the map. C. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the Department shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the County. Section Replacement of the Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes, a new Official Zoning Map may be prepared and certified as set forth in Section and shall supersede the prior Official Zoning Map. Section Location and Boundaries of Districts. A. The location and boundaries of districts shall be as shown on the Official Zoning Map for Wicomico County, Maryland. B. Where uncertainty exists as to the boundaries of any of the districts established in this Chapter, as shown on the Official Zoning Map, the following rules shall apply: (1) District boundary lines are intended to follow street, alley, or lot lines or lines parallel or perpendicular thereto, unless such district boundary lines are 17

18 otherwise identified on the zoning map; (2) Where district boundaries are indicated as approximately following street or alley lines or proposed street lines, such lines shall be construed to be the boundaries. (3) Where district boundaries are so indicated that they approximately follow lot lines and are not more than ten (10) feet distant therefrom, such lot lines shall be the boundaries. (4) In un-subdivided property, or where a district boundary divides a lot, the location of any such boundary, unless the same is identified on the zoning map, shall be determined by the use of the map scale shown thereon and scaled to the nearest foot. (5) Where district boundaries are indicated as approximately following municipal limits, such lines shall be construed to be the boundaries. (6) Where district boundaries are indicated as approximately following railroad lines, such lines shall be construed to be the boundaries. (7) Where district boundaries are indicated as approximately following shorelines, such lines shall be construed to be such boundaries; and in the event of change in the shoreline the boundary shall be construed as moving with the actual shoreline. Section Interpretation of the Zoning Map. A. The Board of Appeals is authorized to interpret the zoning map and to pass upon disputed questions of lot or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Zoning Administrator or Planning Commission, they shall be handled as provided in Section , Location and Boundaries of Districts. B. An application for a map interpretation shall be submitted to the Board of Appeals by filing a copy of the application with the Zoning Administrator. The application shall contain sufficient information to enable the Board to make the necessary interpretation. Part IV Amendments, Remedies, Penalties and Conflict with Other Laws Section Amendments. A. Amendment procedure. (1) Planning Commission. All proposed amendments, whether an amendment in text or a modification of a zoning district boundary, shall be submitted, in writing, to the Planning Director. (a) The Planning Director shall then schedule a review of the proposal before the Commission at which time he shall present a staff report describing the relationship of the proposed change to the general purpose and intent of the Chapter, to the Comprehensive Plan and facts existing in the vicinity of the proposed change and other factors that may warrant a change to the district boundaries or to the rules and regulations of this Chapter. (b) Once the Planning Director's report has been entered into the Commission's record, the Commission shall render its recommendation to the County Council within sixty (60) days. 18

19 (2) County Council. Subsequent to the Planning Commission's review and recommendation, the Planning Director shall notify the County Administrative Director of the proposed amendments. (a) (b) If the County Council elects to hold a separate public hearing, the Administrative Director shall arrange for a notice to be published in a paper of general circulation in Wicomico County setting forth the time and place of the public hearing, at least ten (10) days prior to the established hearing date. A notice of the meeting shall also be posted on the property under consideration. (3) Legislation. All amendments to the Zoning Chapter shall be considered as legislative acts and processed in accordance with all rules pertaining to such acts. B. Council Review of amendment. The Planning Director's report and the Planning Commission's recommendation shall accompany the amending bill when it is presented to the County Council for official action. No amendment, supplement, change or modification or repeal by the County Council shall become effective until after a public hearing has been held, at which time all interested parties and citizens shall have an opportunity to be heard. C. Re-application for amendment. No application for an amendment, supplement, change or modification or repeal requesting the same relief in regard to the same property shall be received by the Planning Commission for a period of one (1) year following the County Council's decision in the matter. Section Conditional Zoning or Rezoning. A. Authority. The County Council, in order to assure conformity with the intent and purpose of this Chapter, at the time of zoning or rezoning of any land or lands pursuant to the provisions of this Chapter, may impose additional restrictions, conditions or limitations as may be deemed appropriate and shall have the authority to: (1) Preserve, improve or protect the general character and design of the lands and improvements being zoned or redistricted. (2) Preserve, improve or protect the surrounding or adjacent lands and properties. (3) Approve or disapprove the design of all buildings, the type of construction and landscaping or screening. (4) Approve or disapprove the design of the site, including all ingress or egress points. (5) Approve or disapprove any alterations or changes to be made to the buildings or land area. B. Conditional zoning or rezoning procedures. (1) Planning Commission review. The Planning Commission, during its review, prior to a recommendation to the County Council, may consider conditional zoning. (2) Once the Commission's recommendation is received by the Council, any 19

20 changes to recommended conditions to be sought may be made by the Council without returning to the Planning Commission for further recommendation. (3) Public hearing by the Council and publication of conditions. The provisions of this Chapter relative to a public hearing and the official notice of said hearing shall apply equally to applications for conditional zoning and to the publication of restrictions, conditions or limitations sought to be imposed on improvements or changes to be made on the subject land. (4) Amendment to conditions. Once adopted by the Council, amendments or changes to restrictions, conditions or limitations shall be made in accordance with the procedures followed in the original application. C. Form of conditions. (1) Restrictions, conditions or limitations sought to be imposed shall be adopted by the County Council as part of the action approving any proposed zoning or reclassification or by separate action. (2) Said act shall contain, as a minimum, the following information: (a) A description of the property affected by the conditions imposed. (b) The zoning classification of the property affected by the conditions imposed. (c) The name of the owners of record and, if under option, the prospective owners. (d) Maps, drawings or illustrations that may more fully or clearly illustrate said conditions, provided that any illustrative documents approved as part of the proposed conditions shall be clearly labeled as a part of the approving document. (e) The method of assuring compliance with all conditions imposed, including the title of the department, agency or official responsible for enforcement, as determined by the County Council. Section Remedies. In case any building or structure is constructed, extended, altered, repaired, changed, converted or maintained, or any building, structure or land is used in violation of this Chapter, the County Council, in addition to other remedies, may institute any appropriate action or proceeding to: A. Prevent such unlawful construction, extension, alteration, repair, change, conversion, maintenance or use; B. Restrain, correct or abate such violation; C. Prevent the occupancy of said building, structure or land; or D. Prevent any act, conduct, business or use in violation of this Chapter in or about such premises. Section Violations and Penalties. A. Civil zoning violation. Any person who shall erect, construct, reconstruct, extend, alter, repair, change, convert, use or maintain any building or structure or use any land or change the use of any land or building in violation of this Chapter shall be guilty of a civil 20

21 zoning violation and shall be subject to a fine not to exceed $500 per violation. Each day the violation continues shall constitute a separate violation. B. Issuance by citation. The officers authorized by the Planning Director to enforce the Zoning Code may issue citations for civil infractions of this Chapter. C. Persons Responsible. The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. D. Violation of Conditions. When conditions are made a part of approvals granted by the Board of Appeals or Planning Commission under the terms of this chapter, a violation of those conditions shall be deemed a violation of this chapter and shall be subject to the provisions of Article II and, at the discretion of the Board of Appeals, after notice and hearing, shall be grounds for termination or revocation of the zoning authorization. E. Other Enforcement Options. Nothing herein contained shall prevent the county from revoking a permit, special exception, variance or approval from the offender or from taking such other lawful action as is necessary to prevent or remedy any violation of this Chapter. Section Conflict with Other Laws. Greater restriction governs. In the event of a conflict between provisions within this Chapter, or between this Chapter with any other statute, local ordinance or regulation, the provision imposing the greater restriction shall govern. ARTICLE III BASIC DEFINITIONS AND INTERPRETATIONS Section Definitions of Basic Terms A. Word usage. (1) For the purpose of this Chapter, certain words in the singular number shall include the plural number, and words in the plural number shall include the singular number, unless the obvious construction of the wording indicates otherwise. Words used or defined in one tense or form shall include other tenses or forms. (2) The word "shall" is mandatory. The word may is permissive. The word "lot" includes the word "plot"; the word "used" shall be deemed also to include "designed, intended or arranged to be used"; the term "erected" shall be deemed also to include "constructed," "reconstructed," "altered," "placed" or "moved." The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building." (3) The masculine gender shall include the feminine. The feminine gender shall include the masculine. (4) Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified. (5) The word "county" shall mean Wicomico County, Maryland. 21

22 (6) Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage. (7) When a term used in this chapter is defined elsewhere in the County Code but not in this chapter, the term shall have the meaning specified in that section of the Code. B. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: ABUT - Having property lines in common, e.g., two lots are abutting if they share a common property line and touch. ACCESSORY USE See Use, Accessory. ACCESSORY APARTMENT Not more than one apartment unit as an accessory use within an owner occupied single-family residence or an accessory building on the same lot, on a minimum lot of 20,000 sq. ft. provided that: [1] The apartment shall be no larger than 50% of the square footage of the residence. [2] All parking for the apartment is appropriately located as specified by the Board of Appeals. [3] No accessory apartment may be constructed on any property which has exercised the option of renting of guest rooms under the provision of this article. ACTIVE RECREATION - Recreation uses, areas and activities oriented toward potential competition and involving special sporting equipment. Playgrounds, sports fields and courts, swimming pools and golf courses are examples of active recreation uses. ADJACENT - Having property lines near each other, either touching or directly across a road or right-of-way from one another. ADMINISTRATOR, ZONING - The administrative officer or his or her agent responsible for the administration and enforcement of this Chapter. AGRICULTURE or AGRICULTURAL - The raising of agricultural products including livestock, poultry, dairy products, farm crops, fruit, vegetables, timber, cultivated plants and nursery stock whether for gain or otherwise. Agriculture shall include the farming or culturing of aquatic plants or animals, or both, in natural or artificial water bodies or impoundments. Agriculture includes horticultural chemical, or general farming, truck gardens, cultivation of field crops, and in general all uses commonly classified as agricultural, and the related buildings, structures and appurtenances necessary to carry out the aforementioned activities AGRICULTURAL PRODUCTS - Cultivated or raised plant, animal, or marine life that has been harvested. This does not include processed products. AIRFIELD Any unpaved area of land utilized for the landing or taking off of aircraft and which does not have fuel or commercial repair and maintenance services. AIRPORT APPROACH ZONE The area so designated on an officially approved airport plan for the use of aircraft approaching an airport runway for landing purposes. Those heights 22