ZONING CODE REGULATIONS CHAPTER 225 COUNTY CODE WICOMICO COUNTY MARYLAND JULY 20, 2004 (Effective September 18, 2004)
ARTICLE I PURPOSE AND AUTHORITY Section 225-1. Short Title... 8 Section 225-2. Legislative Authority... 8 Section 225-3. Intent... 8 Section 225-4. Jurisdiction... 9 Section 225-5. Method of Regulation; Interpretation... 10 Section 225-6. Chesapeake Bay Critical Area Program... 10 Section 225-7. Conformity with Provisions... 10 Section 225-8. Severability... 11 Section 225-9. Fees... 11 Section 225-10. Six Year Review Required... 11 Part I Enforcement ARTICLE II ADMINISTRATION AND ENFORCEMENT Section 225-11. Procedures for Enforcement... 11 Section 225-12. Lots Divided by Zoning Boundary Lines.... 12 Section 225-13. Required Documentation.... 12 Section 225-13.1 Zoning Authorization Requirement... 15 Section 225.13.2 Permitted Uses Not Requiring Zoning Authorization... 15 Part II Open Space Covenants, Bylaws and Condominium Documents Section 225-14. Open Space Covenants... 16 Section 225-15. Condominiums... 16 Part III Zoning Map Section 225-16. Official Zoning Map... 17 Section 225-17. Replacement of the Official Zoning Map... 17 Section 225-18. Location and Boundaries of Districts.... 17 Section 225-19. Interpretation of the Zoning Map... 18 Part IV Amendments, Remedies, Penalties and Conflict with Other Laws Section 225-20. Amendments...18 Section 225-21. Conditional Zoning or Rezoning.... 19 Section 225-22. Remedies... 20 Section 225-23. Violations and Penalties.... 20 Section 225-24. Conflict with Other Laws.... 21 ARTICLE III BASIC DEFINITIONS AND INTERPRETATIONS Section 225-25. Definitions of Basic Terms... 21 2
Part I Zoning Districts Established ARTICLE IV ZONING DISTRICTS Section 225-26. Districts Established.... 45 Part II Resource Conservation Districts Section 225-27. A-1 Agriculture-Rural District... 45 Section 225-28. V-C Village Conservation District.... 46 Part III Residential Districts Section 225-29. R-8 Residential District.... 47 Section 225-30. R-15 Residential District.... 48 Section 225-31. R-20 Residential District.... 48 Section 225-32. R-30 Residential District.... 49 Section 225-33. REC, Residential, Educational and Cultural District.... 50 Section 225-34. TT Town Transition District.... 51 Part IV Commercial Districts Section 225-35. C-1 Select Commercial District... 51 Section 225-36. C-2 General Commercial District.... 52 Section 225-37. C-3 Regional Commercial District.... 53 Part V Institutional, Business and Industrial Districts Section 225-38. LB-1 Light Business and Institutional District.... 55 Section 225-39. LB-2 Light Business and Residential District.... 56 Section 225-40. AB Airport Business District... 56 Section 225-41. I-1 Light Industrial District.... 57 Section 225-42. I-2 Heavy Industrial District.... 58 Part VI Special Districts SubPart A - Overlay Districts Section 225-43. A-2 Airport Overlay District.... 59 Section 225-44. HP, Historic Preservation Districts.... 60 Section 225-45. Paleochannel Overlay District.... 65 Section 225-46. Neighborhood Preservation Overlay District... 68 SubPart B - Legislatively Approved Floating Districts Section 225-47. Approval... 69 Section 225-48. Corporate Industrial District (CID).... 70 Section 225-49. Planned Unit Development District (PUD)... 71 Section 225-50. Planned Development District (PDD)... 74 3
ARTICLE V DEVELOPMENT OPTIONS Part I Cluster Development Options Section 225-51. Cluster Developments - General Requirements.... 82 Section 225-52. A-1 Cluster Development.... 82 Section 225-53. Residential Cluster Development... 83 Part II Planned Development Section 225-54. General Requirements for Planned Developments.... 85 Section 225-55. Planned Village Conservation Development (PVCD).... 86 Section 225-56. Planned Business Centers (PBC).... 88 Section 225-57. Planned Industrial Park (PIP).... 89 Part III Transfer of Development Rights Section 225-58. Transfer of Development Rights (TDR).... 91 ARTICLE VI ACCESSORY AND PRINCIPAL USES Part I Accessory Uses Section 225-59. Accessory Uses and Structures... 96 Section 225-60. Accessory Apartments... 97 Section 225-61. Animals in Residential Districts... 99 Section 225-62. Outside storage....99 Section 225-63. Gasoline pump island and canopies... 100 Part II - Principal Uses Section 225-64. More Than One Principal Use on a Lot.... 100 Section 225-65. Reserved.... 101 Section 225-66. Reserved... 101 Section 225-67. Table of Permitted Uses - Designations.... 102 ARTICLE VII DENSITY AND DIMENSIONAL REGULATIONS Section 225-68. Residential Density.... 116 Section 225-69. Minimum Lot Widths and Frontage... 116 Section 225-70. Setback Requirements.... 116 Section 225-71. Building Limitations.... 119 Section 225-72. Density on Lots Where Portion Dedicated to the County.... 120 Section 225-73. Lighting Requirements.... 120 Section 225-74. Schedule of District Regulations... 122 Section 225-75. Schedule of Maximum and Minimum Permitted Residential Densities.... 127 4
ARTICLE VIII SPECIAL STANDARDS FOR PARTICULAR USES Section 225-76. Agriculture Operation, Farming... 128 Section 225-77. Airfield or Airport Privately Owned and Managed... 128 Section 225-78. Apartment Buildings... 128 Section 225-79. Assembly of Finished Products.... 129 Section 225-80. Bed and Breakfast... 129 Section 225-81. Campgrounds and Recreational Vehicle Parks.... 129 Section 225-82. Day Care... 130 Section 225-83. Cemeteries and Family Burial Grounds... 130 Section 225-84. Crematorium.... 131 Section 225-85. Dwelling - Emergency Housing... 131 Section 225-86. Dwelling-Hardship Housing.... 131 Section 225-87. Dwelling - Manufactured Home - Doublewide.... 131 Section 225-88. Dwelling - Manufactured Home - Singlewide... 132 Section 225-89. Dwelling - Tenant House.... 133 Section 225-90. Dwelling - Townhouse.... 133 Section 225-91. Farm-Related Business.... 133 Section 225-92. Farmers' Markets.... 134 Section 225-93. Feedlots.... 134 Section 225-94. Golf Courses...134 Section 225-95. Guest Rooms... 135 Section 225-96. Group Homes/Youth Group Homes... 135 Section 225-97. Home-Based Business.... 135 Section 225-98. Hospitals.... 137 Section 225-99. Kennels, Commercial... 138 Section 225-100. Light Industry....138 Section 225-101. Livestock Market... 138 Section 225-102. Manufactured Home Parks.... 138 Section 225-103. Marinas.... 141 Section 225-104. Nursery, Commercial.... 141 Section 225-105. Places of Religious Assembly... 141 Section 225-106. Poultry Houses.... 142 Section 225-107. Rehabilitative Housing.... 142 Section 225-108. Retail Sales... 142 Section 225-109. Rifle and Pistol Ranges, Archery Ranges, Skeet Shooting Ranges, or Other Recreational Weapons, Outdoor, Commercial.... 142 Section 225-110. Salvage Yard.... 143 Section 225-111. Sand, Gravel and Clay Excavations.... 143 Section 225-112. Sawmill and Other Wood Process Facilities, Except Treatment... 143 Section 225-113. Service Establishments.... 144 Section 225-114. Schools of General Instruction... 144 Section 225-115. Shopping Centers.... 144 Section 225-116. Theater, Outdoor... 145 Section 225-117. Warehouse.... 145 Section 225-118. Wayside Stand.... 145 Section 225-119. Wireless Telecommunication Facilities... 146 5
ARTICLE IX SIGNS Section 225-120. Purpose... 148 Section 225-121. Signs Excluded From Regulation.... 148 Section 225-122. General Regulations.... 149 Section 225-123. Signs in the Public Right-of-Ways... 150 Section 225-124. Computations... 151 Section 225-125. Certain Temporary Signs... 151 Section 225-126. Outdoor Advertising Structures... 154 Section 225-127. Permitted Permanent Signs... 155 Section 225-128. Specific Use Permanent Signage.... 159 Section 225-129. Master Signage Plan... 163 ARTICLE X OFF-STREET PARKING AND LOADING Section 225-130. Purpose... 164 Section 225-131. Access... 164 Section 225-132. Minimum Dimensions for Maneuvering Space... 164 Section 225-133. General Off-street Parking Requirements... 165 Section 225-134. Off-Street Parking Requirements for Individual Districts... 166 Section 225-135. Number of Spaces Required... 167 Section 225-136. Flexibility in Administration Required... 171 Section 225-137. Stacking Lanes.... 172 Section 225-138. Off-street Loading and Unloading... 172 ARTICLE XI LANDSCAPE, SCREENING, AND SENSITIVE AREAS STANDARDS Part I Landscape Standards Section 225-139. Landscaping requirements.... 173 Section 225-140. Plan Requirements for Landscaping and Screening... 175 Section 225-141. Landscaping Materials... 176 Section 225-142. Acceptable Trees and Shrubs.... 177 Section 225-143. Landscaping for Public Utilities... 178 Section 225-144. Landscaping of Parking Facilities... 179 Section 225-145. Screening, Fencing and Slope Requirements... 180 Section 225-146. Use Requirements... 180 Part II Environmental Standards for Sensitive Areas Section 225-147. Stream Buffers and Floodplains... 182 Section 225-148. Non-tidal Wetland Buffers... 183 Section 225-149. Steep Slopes... 183 6
ARTICLE XII NONCONFORMING USES AND NONCONFORMING SPECIAL EXCEPTIONS Section 225-150. Applicable Provisions... 183 Section 225-151. Nonconforming Lots of Record.... 185 Section 225-152. Nonconforming Special Exceptions.... 186 Section 225-153. Completion of Nonconforming Projects.... 186 ARTICLE XIII APPEALS, INTERPRETATIONS, VARIANCES AND SPECIAL EXCEPTIONS Section 225-154. Appeal from Enforcing Officer's Decision.... 187 Section 225-155. Special Exceptions.... 187 Section 225-156. Variances... 189 Section 225-157. Application for Matters of Original Jurisdiction... 189 Section 225-158. Burden of Proof in Appeals and Matters of Original Jurisdiction.... 190 Section 225-159. Appeal from Decisions of the Board of Appeals....191 7
ARTICLE I PURPOSE AND AUTHORITY Section 225-1. 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 225-2. 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 225-3. 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
(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 225-4. 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
Section 225-5. 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 225-3. 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 225-6. 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 225-7. 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
authorized, whether as a permitted, accessory, special exception, or nonconforming use. Section 225-8. 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 225-9. 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 225-10. 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 225-11. 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
[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 225-22, Remedies, and Section 225-23, 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 225-12. 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 225-13. 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
(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
(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
(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 225-13.1. 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 225-13.2. 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 225-70, for fencing. (4) For landscaping requirements see Section 225-143, Landscaping for Public Utilities. 15
Part II Open Space Covenants, Bylaws and Condominium Documents Section 225-14. 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 225-15. 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
(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 225-16. 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 225-16 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 225-17. 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 225-6 and shall supersede the prior Official Zoning Map. Section 225-18. 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
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 225-19. 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 225-18, 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 225-20. 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
(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 225-21. 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
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 225-22. 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 225-23. 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
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 225-24. 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 225-25. 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
(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
established in the Salisbury-Ocean City: Wicomico Regional Airport Master Plan in conformance with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace, and the Annotated Code of Maryland, Title 11, Department of Transportation, Subtitle 03, Maryland Aviation Administration, Chapter 05, Obstruction to Air Navigation, and as illustrated by profile drawings contained in the above referenced Airport Master Plan. AIRPORT HAZARD - Any structure or tree or use of land which obstructs or otherwise presents a danger to the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft. AIRPORT - Any area of land operated for general aviation purposes designated and set aside for the landing and taking off of aircraft. An airport may include runways, terminal buildings, hangars and related facilities located on the airport premises. AIRPORT TURNING ZONE - A circular area, with a radius established in accordance with Federal Aviation Regulations from the airport reference point, utilized for aircraft circling above an airport. AMUSEMENT PARK - A commercially operated park with various devices for entertainment, including but not limited to rides and/or games. APARTMENT - A part of a building, containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a dwelling by one or more individuals. APARTMENT BUILDING A single residential structure designed and constructed to contain three (3) or more separate dwelling units, regardless of the internal arrangement of such units or the ownership thereof. ARCHITECT - A professional architect licensed with the State of Maryland. AUCTION HOUSE - Establishment for the public sale of property to the highest bidder. AWNING - A structure partially attached or entirely supported by a wall, and which canvas, cloth, plastic, or other material covers used as a protective cover for a door, entrance, window, walkway, or service area. BED-AND-BREAKFAST A building other than a hotel, motel, or restaurant where lodging is offered to the traveling public for temporary occupancy not exceeding thirty (30) days at any one visit and where the breakfast meal is provided as a part of the room rental charge. All such operations shall have a resident family living on the premises and shall be approved for such use by the Wicomico County Health Department and Fire Marshal. BORROW PIT Any place or premises where dirt, sand, gravel or other material is removed below the grade of surrounding land or is removed from the site for any purpose other than that necessary and incidental to site grading or building construction, excluding farm ponds. BOULEVARD - A major road with a planted median in the center of two travel lanes, with parkways on both outside edges. BUFFER - An area within a property or site, generally adjacent to and parallel with the property 23
line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms, and/or fences, and designed to limit views and sounds from the development tract to adjacent properties and vice versa. BUILDING - A structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. The word building shall be construed as if followed by the words or part or parts thereof and all items therein. (1) ACCESSORY BUILDING - A building detached from and subordinate to a main building on the same lot, or an adjacent lot under the same ownership, and used for purposes customarily incidental to the use of the main building or to any agricultural use. (2) MAIN BUILDING/PRINCIPAL BUILDING - A building in which is conducted the principal use or uses of the lot on which it is situated. BUILDING LINE - The border, established by statute, local law or ordinance, beyond which the exterior surface of a building on any side shall not extend, except that steps or ramps for normal egress may project beyond the building line. Steps shall not include decks, porches or similar structures. BUILDING PERMIT - Authorization by the County for the recipient to construct a specific structure or structures. BULK REGULATIONS - Controls that establish the maximum size, height, volume, area, setbacks, and shape of buildings and structures on a lot and the physical relationship of the building s exterior walls or their location to lot lines, other buildings and structures, or other walls of the same building; and all open spaces required in connection with a building, other structure, or tract of land. BURIAL SITE A natural or prepared physical location, whether originally located below, on, or above the surface of the ground, into which human remains or associated funery objects are deposited as a part of a death ceremony of a culture, religion, or group. CALIPER - The diameter of landscape plantings measured six (6) inches above the ground. CAMPGROUNDS - Any area or tract of land on which accommodations for temporary and not year round occupancy is located or may be placed, including cabins, tents, recreational vehicles and campers which are primarily used for recreational purposes. CAR WASH - A building, premises or portions thereof where automobiles and other vehicles are washed either by the patron or others and done either by hand or using machinery and mechanical devices specifically designed for this purpose. CEMETERY - A parcel of land used for burials or graves, burial plots, mausoleums, vaults, or columbariums, subject to any necessary approval of the Wicomico County Health Department. CLUSTER DEVELOPMENT - A planned residential tract, subdivision or area where individual lots and/or buildings are arranged in clusters or groups, where access is gained entirely by internal streets, with open areas between such lots or building groups, which areas are either publicly or privately owned and maintained in a park-like appearance. 24
COMMERCIAL - A type of activity where goods or services are sold or traded with the expectation of profit or gain. COMMERCIAL VEHICLE - A vehicle used for the transportation of persons or goods primarily for gain. COMMON AREA - That area set aside for private open space, including stormwater retention lakes, ponds, or recreation areas for the owners of lots in a subdivision, which land is conveyed in trust for the benefit, use and enjoyment of the lot owners. COMMUNITY IMPACT STATEMENT - Includes the following: (1) A market analysis related to the type of uses proposed, e.g., office, retail, lodging, housing, and industrial uses. This study shall include an estimate of the existing supply and reasonable forecasts of future demand for the kind of uses proposed. It shall be used to determine the extent of existing facilities of a type similar to that proposed and shall be used to estimate when development may be needed in the community. (2) An impact study related to the quantity and type of public facilities and services needed for the proposed development. This study should include an estimate of the adequacy of the public facilities needed to serve the proposed development, an estimate of the tax revenues accruing to the community from the proposed development, and an estimate of the cost of public improvements and services required to serve the development. Estimates should include the cost of those improvements needed immediately to serve the development and those that may be needed in the future. The impact study related to services and improvements should include, where applicable, but not be limited to public services and improvements such as schools, transportation facilities and services, utilities, including sewerage, water mains and storm drains, police and fire protection, refuse collections and disposal, recreation facilities, etc. Where additional public facilities are needed to adequately serve the development, the Wicomico County Capital Improvements Program should be researched for planned future improvements. Methods should be proposed for creating needed public facilities not otherwise provided for. (3) An environmental assessment (see definition below). (4) A traffic impact study that conforms to the Maryland State Highway Administration s Traffic Impact Study methodology. COMMUNITY SEWER AND/OR WATER SYSTEM - Any public, semipublic or private system designed to provide sewer and/or water service to more than one (1) lot and which is approved by the Wicomico County Health Department and/or the Maryland Department of the Environment. COMPOSTING FACILITY - Any place, land area, building or structure where mechanical, chemical or natural processing or degrading of organic material or matter, not originating on the site, takes place. This definition shall not include the direct on-farmland application of treated sludge as approved by the State of Maryland. 25
COMPREHENSIVE PLAN - The Wicomico County Comprehensive Plan adopted by the Wicomico County Council which sets forth the official planning and land use policies of Wicomico County. CONDOMINIUM - A building or group of buildings, in which residential, commercial or industrial units are owned individually while the structure, common areas and facilities are owned jointly by all the owners on a proportional basis. CONFERENCE CENTER - A structure or group of structures designed, used or intended to be used by more than fifty (50) individuals primarily for the purpose of gathering or meeting. Excluded from the definition are schools, hospitals, public institutions, houses of worship, and fire assembly halls. CONSERVATION EASEMENT - A non-possessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use. CONSTRUCTION - The erection of a new building, or structure upon a site. CONTIGUOUS - A land mass, lot, or parcel of property that is cohesive and without interruption by non-integrated or fragmented property lines. Contiguous parcels may consist of two (2) or more lots or parcels of land which abut each other. CONTRACTOR'S YARD - The use of any space, whether inside or outside a building, for the storage or keeping of construction equipment, supplies, machinery or vehicles, or parts thereof, which are for use by a construction or landscape contractor. CONVENIENCE/MINI-MARKET - A commercial retail sales which combines the sale of beverages, dairy and baked goods, snack foods, staple grocery items and which may also be accompanied by the sale of motor vehicle fuel and accessory substances for automobiles. COUNCIL, COUNTY - The County Council of Wicomico County, Maryland. COUNTRY INN A building containing not more than fifteen (15) individual rooms or suites of rooms for the purpose of providing overnight lodging facilities not to exceed thirty (30) consecutive days to the general public for compensation which also offers dining facilities for guests. CREMATORIUM An establishment containing a furnace for the purpose of reducing the dead to ashes. CRITICAL AREA, CHESAPEAKE BAY - All lands and waters defined in Section 8-1807 of the Natural Resources Article, Annotated Code of Maryland and Chapter 125 of the Code of Wicomico County, as amended. DAY CARE - (1) ELDERLY - A home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given for a part of a twenty-four (24) hour day to not more than fifteen (15) elderly or disabled persons, located outside of the home of the elderly or disabled person and where compensation is paid for the care. Elderly are considered those people who are sixty-two (62) 26
years of age or over. (2) FAMILY - A home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given, for a part of a twenty-four (24) hour day, to not more than eight (8) children, located outside of the home of the legal guardian and where compensation is paid for the care. (3) CENTER - An agency, institution or establishment licensed/ registered by the appropriate state agency, that, for part of a twenty-four (24) hour day, on a regular basis, offers or provides child care to nine (9) or more children who do not have the same parentage. DEMOLITION - The razing or destruction, whether wholly or in part, of a building, structure, site or object. Demolition includes the removal of a building, structure or object from its site, the removal or destruction of the facade or surface, or the alteration to such an extent that repair is not feasible, or is so costly so as to be prohibitive, rendering the property unfit for use. DENSITY - The number of dwelling units that may be constructed per acre or per square foot of a zoned lot area. DEPARTMENT - The Wicomico County Department of Planning, Zoning and Community Development. DEVELOPMENT PLAN See Section 225-13D. DISABLED - A person(s): (1) Determined to have physical or mental impairments which: (a) (b) (c) (d) Are expected to be of long continued and indefinite duration; Substantially impede the individuals major life activities; Have been medically demonstrated through acceptable techniques; and Are of such a nature that the ability to live independently could be improved by more suitable housing conditions. (2) Such term does not include current, illegal use of or addiction to a controlled substance but does include individuals who are currently participating in a supervised drug rehabilitation program, coupled with non-use. (3) Reasonable accommodations for the handicapped shall be offered when housing is: (a) reasonable; (b) necessary; and (c) will afford an equal opportunity to the use and enjoyment of housing. DOMESTIC ANIMAL - An animal that is tame or domesticated and that is not normally found in the wild state. Hybrids of animals normally found in the wild state are not included within the meaning of domestic animals. DRIVEWAY - A travel lane that connects a building with the street and may or may not be used as all or a portion of the parking area. 27
DWELLING - A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multi-family dwellings (not including hotels and motels). (1) DWELLING, ATTACHED - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. (2) DWELLING, DETACHED - A building containing one (1) dwelling unit on one (1) lot and physically separated from any other dwelling. (3) DWELLING, MULTI-FAMILY - A building containing three (3) or more dwelling units with shared or individual entrances and/or other essential facilities and services. This term shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy. (4) DWELLING, TOWNHOUSE - See Townhouse. DWELLING UNIT - A building or portion thereof arranged or designed for occupancy by not more than one (1) family for living purposes and having cooking facilities. ENDANGERED SPECIES - Any species of fish, wildlife, or plants that have been designated as such by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the State's resources are determined to be in jeopardy. This includes any species determined to be "endangered" species pursuant to the federal Endangered Species Act, 16 USC. 1531 et seq., as amended. ENGINEER A professional engineer licensed in the State of Maryland. ENVIRONMENTAL ASSESSMENT - A coherent statement describing how the proposed development activity will impact the existing natural features of the site. At a minimum the environmental assessment shall include: (1) A description of the natural, cultural, historic and archeological features and characteristics of a proposed development site; (2) A discussion of the proposed development project and the changes that will occur to the features and characteristics listed in (1) above as the result of proposed development activities on the site; (3) An assessment of the anticipated environmental impacts and consequences of the proposed development; and (4) A discussion of any proposed mitigation measures to be taken to minimize undesirable impacts to the environment. FAMILY Means either (a) One (1) person; or two (2) unrelated persons and the children of either of them, or (b) two (2) or more persons related by blood or marriage, or (c) a group of not more than four (4) persons not necessarily related by blood or marriage. In any case the group must be living together as a single housekeeping unit. In all cases, foster children placed by an agency licensed to operate in Maryland housed on the premises are considered as members of the family. (Note: See also Section 225-46, Neighborhood Preservation Overlay District.) FAMILY BURIAL GROUND - A private, non-commercial cemetery. 28
FARM - A parcel of land of five (5) acres or more on which bona fide agricultural and related uses are conducted as specified in the definition of "agriculture." FARM LABOR ACCOMMODATIONS, SEASONAL Separate living quarters to be used for temporary, seasonal accommodation of workers employed by the owner or operator of a farm provided such seasonal employees perform their duties on such farm or farms owned or rented by the farm owner or operator, and in which lodging with or without meals is supplied or intended to be supplied to such employees. FARM POND Any excavation of land for the purpose of creating a body of water for agricultural purposes, provided the excavated area does not exceed one (1) acre or the excavated material is not removed from the site. FARMERS MARKETS - A facility for the growers and producers of agricultural products to display and sell their produce directly to the consumers. FARM-RELATED BUSINESS - Activities and services carried on for financial gain and directed at meeting the needs of those engaged in area farming and providing materials and services needed for farming. Examples include but are not limited to facilities for the manufacturing, processing, warehousing, sales, distribution, storage, repair and service of agriculture products, equipment, vehicles or supplies; blacksmith shop and harness making; butcher shop; grain mills; processing of locally produced agricultural products; veterinary offices; and feed supply, seed and fertilizer distribution. FEEDLOT - Any tract of land or structure, pen, or corral, wherein cattle, swine, sheep or goats are maintained in close quarters for the purpose of fattening such livestock for final shipment to market. FENCE - Constructed barrier erected to enclose, screen, or separate lots, parcels or any part thereof. FISHERIES The industry or occupation devoted to the catching, processing or selling of fish, shellfish, or other aquatic animals. A fishing business. A hatchery for fish. FLOOR AREA - The total number of square feet area in a building, excluding uninhabitable areas primarily for storage, uncovered porches, but including the total floor area of accessory buildings on the same lot. FOREST - (1) COMMERCIAL FLOOR AREA - The total number of square feet area in a building used for commercial purposes. (2) GROSS FLOOR AREA (GFA) - The aggregate area of all floors, including the area of the outside walls, and measured to the exterior of such walls. (1) In the Critical Area a forest is defined as a biological community dominated by trees and other woody plants. This also includes forests that have been cut but not cleared. 29
(2) Elsewhere a forest is defined as a biological community dominated by trees and other woody plants covering a land area of ten thousand (10,000) square feet or greater. (3) Forest does not include orchards but does include: (a) (b) areas that have at least one hundred (100) trees per acre with at least fifty percent (50%) of those trees having a two (2) inch or greater diameter at 4.5 feet above the ground and larger; and forest areas that have been cut but not cleared. FORESTRY - The management, harvesting and use of a forest or woodland for timber. FORTUNE TELLING See Chapter 151 of the Wicomico County Code. FUNERAL HOME - A building or part thereof used for human funeral services, including chapels, embalming, autopsies, storage of caskets, funeral urns and other related funeral supplies, and the storage of funeral vehicles. GAME PRESERVE A reservation where animals are protected for purposes of sport. GARAGE, REPAIR - A building, establishment, or part thereof, where the following activities may occur: general repair, engine rebuilding, reconditioning of motor vehicles, collision repair, painting, general maintenance, and where no more than two (2) vehicles shall be stored on the premises. GOLF COURSE - An area publicly or privately owned, on which the game of golf is played, containing at least nine (9) holes; together with such necessary and usual accessory uses as a club house, driving range, caretakers' dwellings, dining and refreshment facilities. GOLF DRIVING RANGE - A limited area on which golf players do not walk, but onto which they practice from a central driving tee. GREENHOUSE - An enclosed building, permanent or portable, which is used for growing small plants. GREENWAY - An area of unbroken open space managed primarily for conservation purposes such as protection of sensitive natural features, farmland, scenic views, and other unique features. A greenway may be left in a natural state or include trails or pathways. Components of greenways may include parks, wildlife areas, forest and historic sites, including human burial sites. GROUP HOME - A facility providing housing and/or medical or social assistance in a single family dwelling for not more than eight (8) persons, including support personnel, for persons who need specialized housing, treatment, assistance or counseling service because of a mental or physical disability which impairs and substantially limits one (1) or more of the individual s major life activities. GROUP HOME, YOUTH - the administration, program, and physical plan involved in rendering residential services on a 24-hour basis to youths under 21 years old. These homes include community based family-type dwellings which house between 5-12 youths separately or with an 30
affiliated corporation to provide a neighborhood experience. GUEST ROOM - A room or rooms, within an owner-occupied residence, rented to a nonfamily resident, without kitchen facilities but with access to sanitary facilities within the same structure. HAZARDOUS WASTE FACILITY - Any place, land area, building or structure where either the storage of or the mechanical, chemical or natural processing of hazardous material or matter, as defined by federal or Maryland law or regulation, not originating on the site, takes place. HISTORIC SITE An area in which historic events occurred, or having special public value because of notable features relating to the culture or heritage of the County, of such significance to warrant conservation and preservation. HISTORIC STRUCTURE - A structure listed individually on the National Register of Historic Places, the Maryland Inventory of Historic Properties, or a local inventory of historic places certified by the Maryland Historic Trust or the Secretary of the Interior. HOME OCCUPATION See Home-Based Business Under Article VIII. HOSPITAL - An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, central services facilities, and staff offices that are an integral part of the facilities. HOTEL - A building offering transient housing accommodation, for lodging with or without boarding for the public for compensation, and which access to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A hotel may contain restaurants, taverns, clubrooms, public banquet halls, ballrooms and meeting rooms. HUNTING CAMP - A building or structure used on a temporary basis during the hunting or fishing season and not designed in such a manner that the structure can be used on a yearround basis. A hunting camp shall not include any other establishment or use as may be defined elsewhere in this Chapter. INDUSTRIAL USE - Any activity conducted in connection with the manufacture, assembly, disassembly, fabrication, resource recovery, storage or processing of materials or products, all or any part of which is marketed off the premises or marketed to other than the ultimate consumer. INFECTIOUS WASTE FACILITY - Any place, land area, building or structure where either the storage of or the mechanical, chemical or natural processing of infectious material or matter, as defined by federal or Maryland law or regulation, not originating on the site, takes place. JUNKYARD See Salvage Yard. KENNEL, COMMERCIAL - A place where dogs and other domesticated animals excluding livestock are bred and raised and are sold or kept for sale or boarded for a fee. This definition shall not include veterinary establishments. LANDOWNER - Any person, family, partnership, corporation, or any other entity who possesses a legal or equitable interest in property. 31
LIQUOR - Includes all alcoholic beverages as defined in Article 2B of the Annotated Code of Maryland, with the exception of beer and wine, as defined in the same article. LIVESTOCK MARKET - A commercial establishment wherein livestock are collected for sale or auctioning. LOADING SPACE - Any off-street space available for the loading or unloading of goods. LOT - Land occupied or to be occupied by a building and any building accessory thereto or by a building group and any buildings accessory thereto, together with the open spaces appurtenant to such building or group, and having its principal frontage on a public street or road or any private street or road approved by the Wicomico County Department of Public Works. A parcel of land shall be deemed to be a lot in accordance with this definition regardless of whether or not the boundaries thereof coincide with the boundaries of lots or parcels as shown on any map of record. (1) CORNER LOT - A lot at the junction of and abutting on two (2) or more intersecting streets, or a lot bounded on and abutting to more than one side by the same street. (2) INTERIOR LOT - A lot which abuts on only one (1) street. (3) THROUGH LOT - A lot, other than a corner lot, which fronts upon two (2) parallel public or private roads or which fronts upon two (2) public or private roads which do not intersect at the boundary of the lot and which has no rear lot line. LOT AREA - The total horizontal area included within lot lines. LOT FRONTAGE - That portion of a lot abutting to any public street or road. Frontage is measured along and abutting to the street line thereof or, if said line is curved, along the chord of the arc. LOT LINE - A line of record bounding a lot which divides one lot from another lot or from any road right-of-way or from any other public space. (1) FRONT LOT LINE - That boundary for a lot which is along a street. In the case of a corner or through lot, both boundaries along a public way shall be considered front lot lines. (2) REAR LOT LINE - The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (a) (b) in a corner lot, the rear lot line shall be as established on the recorded subdivision plat describing the property. In the event that no rear lot line is denoted on the recorded subdivision plat, the rear lot line shall be determined by the Zoning Administrator. there shall be no rear lot line for through lots. (3) SIDE LOT LINE - Any lot line other than a front or rear lot line. LOT WIDTH - The width of a lot along a line parallel to the frontage thereof and lying a distance 32
therefrom equal to the required setback on said lot required by this Chapter or of a greater setback line if established. MANUFACTURE - The mechanical, physical or chemical transformation of materials, substances, or components into new products. MANUFACTURED HOME - Manufactured home means a structure, transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under USC Title 42, Chapter 70; and except that such term shall not include any self-propelled recreational vehicle. (1) MANUFACTURED HOME, DOUBLE-WIDE - A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and which, once constructed on site, is twenty-four (24) body feet in width or more and forty (40) body feet or more in length. (2) MANUFACTURED HOME, SINGLE-WIDE - A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a double-wide manufactured home and is up to twenty-four (24) feet in width and forty (40) feet long. MANUFACTURED HOME PAD - The area occupied by a manufactured home and its accessory uses and structures in a manufactured home park. MARINE TERMINAL - Any water-dependent facility served by adequate collector roads equipped for loading or unloading of equipment, bulk materials or supplies. MEDICAL CLINIC - A place where medical or dental care is furnished to persons on an outpatient basis by three (3) or more physicians who have common offices in a building which shall also offer laboratory and diagnostic facilities to patients on an out-patient basis and not just in conjunction with normal professional services. MINERAL EXTRACTION - Any filling, grading, lagooning, dredging, excavation, processing, blasting and storage of any earth products of natural mineral or organic deposit on or from the earth such as soil, sand, loam, gravel, clay, metals, rock or peat. This definition does not include excavation for purposes of grading for a building lot or roadway, grass sod removal for landscaping, or excavation of material on a lot for use on that same lot. MIXED-USE - A mix of two (2) or more uses in a single facility that are organized to make a viable project. A mixed-use building shall not be interpreted to mean a shopping center as herein defined. 33
MOBILE HOME See Manufactured Home. MODULAR HOME - A dwelling unit, built to state or local standards, composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two (2) or more sections transported to the site in a manner similar to a manufactured home, or a series of panels or room sections transported on a truck and erected or joined together on the site. MOTEL - Any building or portion thereof containing sleeping accommodations with ten (10) or more rooms for persons who are not members of a single family as defined in this section, whether such establishment is designated as a hotel, inn, motel, motor lodge, motor hotel or otherwise. MOTOR VEHICLE - An automobile, light truck, boat, boat trailer, recreational vehicle, motorcycle and the like. MOTOR VEHICLE FILLING STATION - Any building, structure or area of land used for the retail sale of automobile fuels, oils, and accessories and where repair service, if any, is incidental; and where no more than two (2) motor vehicles shall be stored on the premises. Motor vehicle filling stations may include the sale of propane or kerosene as accessory uses. MOTOR VEHICLE SALES - Storage and display for sale of more than two (2) motor vehicles or any type of trailer provided the trailer is unoccupied, other than for private, individual sale, and where repair or body work is incidental to the operation of the new or used vehicle sales. Motor vehicle sales include motor vehicle retail or wholesale sales. NATURAL FEATURES - Components and processes present in or produced by nature, including but not limited to soil types, geology, slopes, vegetation, surface water, water quality, drainage patterns, aquifers, recharge areas, climate, flood plains, aquatic life, and wildlife. NATURAL VEGETATION - Plant communities that develop in the absence of human activities. NEIGHBORHOOD COMMERCIAL These uses include certain light retail and personal service establishments of a convenience nature that serve residential neighborhoods. Prohibited under this category are uses of an incompatible nature or which serve a regional market likely to create undue traffic, earlier or later hour operations, or other characteristics incompatible with a residential neighborhood. NONCONFORMING USE - A use lawfully existing at the time of adoption or amendment of this Chapter but which fails, by reason of such adoption or amendment, to conform to the present regulations of the district in which it is located. NONCONFORMING BUILDING OR STRUCTURE - A building or structure the size, dimension or location of which was lawful prior to the adoption or amendment of this Chapter but which fails, by reason of adoption or amendment of this Chapter, to conform to the present requirements of the district. NONCONFORMING SPECIAL EXCEPTION - A use lawfully existing at the time of the adoption or amendment of this Chapter by virtue of a special exception granted by the Planning and Zoning Commission or the Board of Appeals but which fails, by reason of such adoption or 34
amendment, to conform to the present regulations of the district in which it is located. NURSERY, COMMERCIAL - A building or structure, and lands associated therewith, for the growing of young trees or other plants, shrubs, seeds, fertilizers and mulch together with gardening tools, implements and other ancillary items determined by the Board of Appeals to be directly related to residential gardening, which are sold at retail from such building or lot to the general public. NURSING CARE FACILITY - A facility maintained for the purpose of providing skilled nursing care and medical supervision at a less intensive level than that available in a hospital. OFFICE - A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations. OFFICE, MOBILE - A structure that contains one (1) or more office units and that is designed to be transportable, either by traction or under its own power. This definition shall apply regardless of whether or not the wheels or other devices for mobility are actually in place and regardless of alterations or additions to the original structure. OFF-STREET PARKING - Space provided for vehicular parking but not including any public or private street right-of-way. OPEN SPACE - A parcel of land or an area of water, or combination thereof within a designated development tract, to be left undeveloped as part of a development, natural resource preservation, archeologic or historic recreation, to include human burial sites, buffer or other open space provision of this Chapter. Open space excludes areas in lots, street right-of-ways, or parking. OUTDOOR COMMUNITY EVENT - Occasional outdoor festivals or events, including, but not limited to horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc., and seasonal business use. OUTSIDE STORAGE - Any accessory storage of a principal building or structure on the lot in the open air and/or in unenclosed portions of buildings which are open to the air on the sides. OVERLAY DISTRICT - A district which is placed over the base zoning district and which is intended to supplement the regulations of the parent district to accomplish a special public purpose for which the overlay district is established. OWNER - See Landowner. PARAPET OR CORNICE- The extension of the main walls of a building above the roof. PARCEL - A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons. PARKING SPACE - An area set aside for the parking of one (1) vehicle. PEDESTRIAN WAY - A publicly or privately owned right-of-way or easement for pedestrian or bicycle use. 35
PLACE OF ASSEMBLY - A structure or land area designated for the frequent gathering of people for a common reason as for a legislative, religious, educational or social purpose including, but not limited to, places of religious assembly, auditoriums, convention centers, shopping centers, day care homes and centers, schools and elderly day care facilities. PLANNING COMMISSION The Wicomico County Planning and Zoning Commission. PLANNING DIRECTOR - The Wicomico County Director of Planning. PLAT - A sketch, map or survey of a lot(s), tract or parcel of land, including lot lines, street rights-of-way and easements, with the dimensions of these features inscribed thereon. PLAT OF RECORD - A complete subdivision plat or site development plan that has received final approval by the Planning Commission, including all required supplementary data which defines property lines, proposed streets and other improvements, development plans and community impact statements and easements; or a plan of private streets to be dedicated to public use and which is to be recorded in the Land Records of Wicomico County. PREMISES - A lot or parcel, together with all buildings and structures thereon. PRINCIPAL STRUCTURE/MAIN STRUCTURE - The main building or buildings housing the principal use on the lot. PRIVATE CLUB - An association for civic, social, cultural, religious, literary, political, recreational or like activities, operated for the benefit of its members and not open to the general public. PROJECTING SIGN A sign which projects beyond the building face more than eighteen (18) inches and uses the building as its main source of support. PUBLIC UTILITY - Facilities and structures owned or maintained by a public agency or a public company for the purpose of and directly necessary for rendering or providing communication, electric, gas, sewer, water or comparable service and, in fact, used in the rendition of such services. For purposes of this definition, wireless telecommunication towers shall not be considered a public utility. PUBLIC WAY - Any sidewalk, street, alley, highway, or other public thoroughfare. RAILYARD - An area with three (3) or more tracks where rail cars are stored awaiting combination or de-combination with other rail cars. RECREATION - Establishments primarily engaged in the operation of sports, active amusement or recreation services for entertainment. RECREATION VEHICLE, OR RV - A motorized or towable vehicle that combines transportation and temporary living quarters for travel, recreation and camping. RVs do not include mobile homes, off-road vehicles or snowmobiles. RVs are classified into two groups: towables and motorized. Towables are designed to be towed by a motorized vehicle (auto, van, or pickup truck) and of such size and weight as not to require a special highway movement permit. Towables are designed to provide temporary living quarters for recreational camping or travel use and does not require permanent onsite hook-up. The towables include conventional travel 36
trailers, fifth-wheel travel trailer, folding camping trailer and the truck camper. Motorized RVs are a recreational camping and travel vehicle built on or as an integral part of a self-propelled motor vehicle chassis. It may provide kitchen, sleeping, and bathroom facilities and be equipped with the ability to store and carry fresh water and sewage. Motorized RVs include motorhome (Class A), Van Camper (Class B), Motorhome (Class C) and conversion vehicles. RECREATIONAL VEHICLE PARK -- A park designed to accommodate recreational vehicles for temporary occupancy of not over thirty (30) days duration. RECYCLING FACILITY - A parcel or facility where materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. REHABILITATIVE HOUSING - A facility providing housing facilities and/or rehabilitation in a single family dwelling for not more than eight (8) persons, including support personnel, for persons who need specialized housing, treatment and/or counseling service because of delinquency or criminal rehabilitation, such as a criminal half-way house, current addiction to or illegal use of a controlled substance, or a type of mental illness that involves behavior that causes a person to be a threat to the physical safety of others. Residents are provided service and supervision by licensed operators in accordance with federal, state and local laws, regulations and requirements. Treatment and counseling shall be limited to the residents of the dwelling. The residents of a group home shall not include any person who, during the term of dwelling at such facility, commits a violent act or causes substantial physical damage to the property of others, and any such person must be removed from such facility. RESEARCH ESTABLISHMENT - An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development which shall not permit the testing of explosives, toxic chemicals or other hazardous materials. RESIDENCE - A building containing only dwelling units. The term "residence" or any combination thereof shall not be deemed to include accommodations used for transient occupancy or mobile residences. RESTAURANT - Any establishment, however designated, including a tearoom, at which food is prepared and sold for consumption on the premises, for carry-out, or for off-site catering. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of patrons of the facility, shall not be deemed to be a restaurant. Restaurants may be furthered defined as follows: RESTAURANT, DRIVE-THRU OR FAST FOOD - Any establishment where prepared food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-thru window or while parked. RETAIL SALES -. A building where goods, wares, merchandise, substances, articles or things are offered or kept for sale to the general public or members, including storage of limited quantities of such goods, sufficient only to service such store. 37
RIGHT-OF-WAY - The property under public ownership or easement normally used for movement of vehicles, and/or persons, including, but not restricted to, any pavement area. ROAD - See Street. ROAD, SERVICE - A minor street generally parallel to a major arterial street providing access to abutting properties of both the service road and major arterial street but protected from through traffic. ROADSIDE STAND - Temporary, portable and accessory structures, e.g., a table, for the occasional sale of produce raised on the site where the stand is located. ROADWAY - See Street. SALVAGE YARD - Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled, abandoned, including the salvaging, storing, wrecking of automobiles and other vehicles, machinery or parts thereof, house wrecking yards, used lumber yards and places for storage of salvaged building or structural steel materials and equipment. SAND, GRAVEL OR CLAY EXCAVATIONS See Borrow Pit. SANITARY LANDFILL - Any place, land area, building or structure where solid waste or refuse or other materials are stored or disposed of by alternating layers of such wastes or materials with dirt or other approved materials and then compacted on a daily basis. All such facilities shall include those as defined by Maryland law or regulation. SAWMILL - A building, structure or area where timber is cut, sawed or planed, either to finished lumber, or as an intermediary step. SCHOOL, NURSERY - Any building, however designated, certified by the Maryland Board of Education to provide an educational program for students who are two (2), three (3) or four (4) years old. In addition, such schools may include classroom instruction for older students at the kindergarten, first (1 st ) and second (2 nd ) grade levels when such instruction is provided as part of a program approved by the Maryland State Board of Education. SCHOOL OF GENERAL INSTRUCTION - A parochial or private school or college or university giving regular instruction at least five (5) days a week, except holidays, for a normal school year of not less than seven (7) months. SCHOOL OF SPECIAL INSTRUCTION - A school with three (3) or more employees primarily devoted to giving instruction in vocational, professional, commercial, musical, dramatic, artistic, linguistic, scientific, religious or other special subjects. SCREENING - A barrier of appropriate natural vegetation or appropriate fencing materials intended to provide a physical and/or visual buffer between uses as specified by ordinances and regulations of Wicomico County. SELF-STORAGE - A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies. 38
SENSITIVE AREAS - Environmental protection areas identified in the Economic Growth, Resource Protection and Planning Act of 1992 for which special standards, may be applied to protect these areas from the adverse effects of development. These areas include the following: (1) Streams and their buffers; (2) 100-year floodplains; (3) Habitats of threatened and endangered species; (4) Steep slopes (15% or more); and (5) Any other areas determined by the County. SERVICE ESTABLISHMENT - A building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual needs of persons, such as hairdressers or shoe repair, professional health and legal assistance, and repair or service of small appliances or locksmiths, except as otherwise specified in this chapter. SETBACK SEE BUILDING LINE. SHOPPING CENTER - A grouping of retail, service or restaurants uses on a single site with common parking facilities: (1) SHOPPING CENTER, NEIGHBORHOOD - Shopping center serving the surrounding neighborhood ranging in size from 5,000 square feet to 30,000 square feet of gross floor area. (2) SHOPPING CENTER, COMMUNITY - Shopping center serving the community at large ranging in size from 30,000 to 300,000 square feet of gross floor area. (3) SHOPPING CENTER, REGIONAL - Shopping center serving an area of greater population than the County ranging in size from 300,000 square feet of gross floor area and larger. SIGN - Any display or device displayed for the purpose of visually bringing the items or services about which the sign pertains to the attention of the public and which is viewable from the outdoors. A sign does not include any flag of and displayed by any government or governmental agency or otherwise displayed for patriotic purposes or any flag or banner of and displayed by any civic, charitable, religious, patriotic, fraternal or similar organization or any badge or insignia of such organizations with a maximum area of sixteen (16) square feet. Temporary lighting as part of holiday decorations shall not be deemed to be a sign display. (1) BANNER - Any sign of lightweight fabric or similar material that is mounted to a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. (2) COMMERCIAL SIGN - Any sign belonging to or controlled by the owner or occupant of a building or premises which is used to identify the building or premises or the products or services sold therein or thereon. (3) FLASHING SIGN - A sign, the illumination of which is not kept stationary or constant in intensity at all times when in use, except that illuminated signs which indicate the temperature, date or similar public service information shall not be considered flashing signs. 39
(4) FREESTANDING SIGN - A pedestal or ground sign. (5) INDIRECTLY ILLUMINATED SIGN - An illuminated, non flashing sign whose illumination is derived from an external artificial source so arranged that no direct rays of light are projected from such sources into any residential district or public street. (6) OUTDOOR ADVERTISING STRUCTURE - Any poster panel, billboard, painted bulletin or other structure, device, surface or display used for advertising purposes which is not located on the premises of the business advertised. SITE PLAN See Section 225-13C. SLUDGE - The waste by-product that has been treated by a process to reduce putrescibility, significantly reduce pathogenic organisms and, except for lime stabilization, reduce the volatile solids content. SLUDGE APPLICATION - Application is defined as the incorporation or injection into the root zone or soil profile of sewage sludge or wastewater solids. SLUDGE HANDLING - Any manner in which sewage sludge is handled, utilized, or otherwise managed or stored including incineration, composting, co-land filling, and application. SMALL CONTRACTING BUSINESS Those businesses engaged in the construction, alteration or repair of buildings; installation and servicing of heating, cooling and electrical equipment, flooring, painting, plumbing, roofing and tiling; installation or maintenance of landscaping; well-drilling; or any other contracting use determined by the zoning administrator to be similar to those listed in terms of type, scale and impact. SOIL REMEDIATION - Any chemical, natural or mechanical process by which any undiluted petroleum-based liquid is removed or diluted from either soil or other material or matter. Soil remediation facilities shall not include any toxic or hazardous liquid or material as defined by Maryland or federal law. This definition shall not include any previously processed asphalt, tar and chip, stone or concrete materials commonly referred to as "millings" or "recycled asphalt products (rap)." SOIL REMEDIATION FACILITY - Any place, land area, building or structure where soil remediation, as defined in this article, takes place, involving products not originating on the site. Such a facility shall also include any storing, treatment, transferring or processing of undiluted petroleum-based liquids or materials. SPECIALTY RETAIL STORE - A retail facility selling products of a specialized nature, including food and beverages, art and art supplies, crafts and craft supplies, cameras and photographic supplies, stamps and coins, music and musical instruments, books, and other similar products. STEEP SLOPES - Any slope with a grade of fifteen percent (15%) or more covering a contiguous area of ten thousand 10,000 square feet or more. STORAGE TRAILER - A trailer, not designed or intended for human habitation, that is located for the storage of items and materials. Manufactured homes shall not be considered storage 40
trailers. STORAGE TRAILER FACILITY - An area where more than one storage trailer is located for sale, rent or lease. STORY - The part of a building comprised between the upper surface of a floor and the upper surface of the floor or roof next above it. A basement shall be considered a story. STREAM - A natural body of running water flowing continuously or intermittently in a channel. A stream shall not include elements of a drainage system, such as engineered swales, culverts, ditches, retention facilities or storm sewer systems. (1) INTERMITTENT STREAM - A stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or field located. Intermittent streams shall be identified in the field and accurately drawn on all development plans. (2) PERENNIAL STREAM - A stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or may be located by field check. (3) TRIBUTARY STREAM - Perennial and intermittent streams that flow into a larger stream or body of water and located in the Critical Area that are so noted on the most recent U.S.G.S. 7.5 Minute Quadrangle Maps or on more detailed maps or studies at the discretion of the County. STREET - A public or private thoroughfare, however designated, which affords the principal means of access to abutting property. (1) STREET, COLLECTOR - A street whose principal function is to carry traffic between minor, local, and sub-collector streets and arterial streets but that may also provide direct access to abutting properties and is designated as a collector street on the county's approved functional classification map or, if not shown on such plans, as designated in the Wicomico County Comprehensive Plan. (2) STREET, LOCAL - A street whose principal function is to provide direct access to abutting properties. A local street shall be defined as those roadways not classified as collector or arterial roadways on the County or State functional classification maps or the Wicomico County Comprehensive Plan. Local streets shall be those roadways built to serve new subdivisions. (3) STREET, PRIVATE Non-publicly owned vehicular accessway serving two (2) or more abutting properties. (4) STREET, PUBLIC - A vehicular accessway for public use, owned or maintained by the city, county, state or federal government, or any other such public accessway for vehicles designated by the County Council. STRUCTURE - Any combination of materials forming any construction, the use of which 41
requires location on the ground or attachment to something having location on the ground, and including, among other things, display stands; gasoline pumps; mobile dwellings (whether mobile or stationary at the time); outdoor signs; platforms; decks; pools; porches; reviewing stands; sales stands; signs; stadiums; stagings; standpipes; tanks of any kind; tents; towers of any kind, including radio and television towers and sending and receiving units and antennas, but not support wires or anchors; unenclosed porches; and vending machines. a. The word "structure" shall be construed as though followed by the words "or part thereof." b. For the purposes of this chapter, the term "structure" shall not include awnings, chimneys, lawn furniture, birdbaths, roof-mounted antennas, driveways, sidewalks, exterior lighting fixtures, mailboxes, fire hydrants, fences, temporary structures no larger than fifty (50) square feet in size nor thirty inches (30 ) in height, survey monuments, tree houses and shelters for school children not over fifty (50) square feet in size, light poles and other decorative lawn poles not over six (6) inches in diameter, roof overhangs of the principal building no greater than four (4) feet and porches, patios, steps, stoops and decks, unenclosed by walls or roof, not over thirty inches (30 ) feet high above grade and attached to the principal building. c. Determination of whether similar minor structures not listed above are governed by the setback provisions of this Code shall be made in writing by the Planning Commission on a case-by-case basis. STUDIO An establishment wherein music, photography, dancing, sculpting or other artistic instruction may be given. SURVEYOR A professional land surveyor licensed by the State of Maryland. SWIMMING POOL - An artificial pool of water, either above or below ground, having a depth at any point of more than thirty (30) inches and a surface area of greater than one hundred (100) square feet, designed or intended for the purpose of bathing or swimming and including all necessary equipment. TELECOMMUNICATION FACILITIES A structure, device or apparatus consisting of antennas (including, but not limited to, panels, dishes, and omnidirectionals), mounted hardware, and all related equipment necessary to operate various telecommunications systems including personal communications services (PCS) and cellular transmitting and receiving sites, as well as monopoles, freestanding towers, guyed towers, and other support and elevational assisting devices. For purposes of this Chapter, telecommunications uses shall also include television and radio broadcasting facilities. TERMINAL - A place where a transfer of goods or people between different modes of transportation takes place; or a terminating point where goods or materials are delivered or transferred to a temporary storage area, either on an open lot or within structures, to be collected and redistributed. THEATER, INDOOR - A building designed and/or used primarily for the commercial exhibition of motion pictures or live shows to the general public. THEATER, OUTDOOR - Only those areas, buildings or structures designed and used for the commercial outdoor exhibit of motion pictures or live shows. 42
TOWNHOUSE - A single-family dwelling forming one (1) of a series of attached single-family dwellings, which may be offered for sale or rental, separated from one another by a party wall without doors, windows or other provisions for human passage or visibility and sound transmission through such party walls, extending from the cellar floor and/or foundations to the highest point of the roof, along the dividing lot line and separated from any other building or structure by space on all other sides. TOXIC WASTE FACILITY - Any place, land area, building or structure where either the storage of or the mechanical, chemical or natural processing of toxic material or matter, as defined by federal or Maryland law or regulation, not originating on the site, takes place. TRAILER, UTILITY - A non-motorized wheeled vehicle designed to be transportable when towed by a motorized vehicle and which has been designed for the storage of tools and/or equipment. TRAVEL TRAILER - See Recreational Vehicle or RV. USE - The purpose for which land, buildings or structures are designed, arranged or intended or for which land, buildings or structures are occupied or maintained; and any occupation, activity, or operation conducted in a building or other structure, or on land. (1) USE, ACCESSORY - A use which is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building or on an adjacent lot under the same ownership. (2) USE, PERMITTED - A use specifically listed in the Table of Permitted Uses as a permitted use and which may be lawfully established in a particular district or districts provided that it conforms with all regulations, requirements and standards of such district. Permitted Uses do not include Special exception and non-conforming uses. (3) USE, PRINCIPAL - The primary purpose for which a lot or the buildings thereon is designed, arranged, or intended and for which it is or may be used, occupied or maintained. VARIANCE - A modification of zoning regulations for height, frontage, area or size of structure, or size of yards and open spaces, where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the result of any action taken by the applicant, a literal enforcement of the regulations would result in unnecessary hardship. VETERINARY CLINIC - A building or part of a building used for the care, diagnosis, and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention which may or may not have runs provided for the animals as long as all runs are entirely contained within a building. WAREHOUSE - A building or part of building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for truck or transport terminal or yard. WAYSIDE STAND - A use of land for the sale of seasonal plants, vegetables, fruits, seafood, wreaths and Christmas trees to the general public. 43
WHOLESALE SALES - On-premises sales of goods in large quantities primarily for resale by a retailer. YARD - An open area between a lot line and the line within which no structures shall be located, except as provided in this chapter. (1) FRONT YARD -- An open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the front lot line. (2) REAR YARD -- An open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the rear lot line. (3) SIDE YARD -- An open space, unoccupied and unobstructed, extending from the front lot line to the rear lot line between any part of any building setback line and the nearest side lot line. ZONING ADMINISTRATOR The Administrative Officer or his or her agent responsible for the administration and enforcement of this Chapter. ZONING AUTHORIZATION A permit issued that authorizes the recipient to make use of property in accordance with the requirements of this Chapter and indicates that the proposed use is in conformance with the Wicomico County Zoning Chapter by complying with the requirements of the district within which the use is located. 44
Section 225-26. Districts Established. ARTICLE IV ZONING DISTRICTS Part I Zoning Districts Established In order to fulfill the purpose of this Chapter, the unincorporated areas of Wicomico County shall be divided into the following base zoning districts: A. Resource Conservation Districts (1) A-1" Agriculture-Rural; and (2) V-C" Village Conservation. B. Residential Districts (1) R-8" Residential; (2) R-15" Residential; (3) R-20" Residential; (4) R-30" Residential; (5) REC Residential; and (6) TT Town Transition. C. Commercial Districts (1) C-1" Select Commercial; (2) C-2" General Commercial; and (3) C-3" Regional Commercial. D. Institutional, Business and Industrial Districts (1) LB-1" Light Business and Institutional; (2) LB-2" Light Business and Residential; (3) AB Airport Business; (4) I-1" Light Industrial; and (5) I-2" Heavy Industrial. Part II Resource Conservation Districts Section 225-27. A-1 Agriculture-Rural District. A. Purpose. The purpose of the A-1 Agriculture-Rural District is to preserve areas of the County that are predominantly agricultural and to maintain the land base necessary for sustainable agricultural activity. (1) This district is designed to protect agriculture from incompatible residential, commercial and industrial development. (2) Where low-intensity residential development is allowed in the Agriculture-Rural District, density and design standards shall ensure natural resource protection and preservation of rural character. 45
(3) This district shall be characterized by a mix of agricultural activities, farms and farmland, forests, open spaces and low intensity residential development or small cluster developments with significant associated open spaces. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. An A-1 Cluster Development is available by approval of a Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of Section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements, and height limitations, shall be provided for all uses in accordance general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Section 225-28. V-C Village Conservation District. A. Purpose. The purpose of the V-C Village Conservation District is to protect the character of the County s historic and traditional unincorporated village centers and facilitate continued investment in infill and connecting residential, institutional and compatible business revitalization and development. (1) The district recognizes that the preservation of property values and vitality within the villages requires the ability to develop additional parcels of land along village streets and edges. (2) V-C Village Conservation district standards permit low-density residential development, and neighborhood commercial uses, and include incentives for innovative, mixed-use development compatible with the character and scale of the village centers. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. A Planned Village Conservation Development (PVCD) option is available by special 46
exception with a Development Plan, on sites of 5 acres or more. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Section 225-29. R-8 Residential District. Part III Residential Districts A. Purpose. The purpose of the R-8 Residential District is to protect and develop primarily residential and supporting uses at medium to higher densities than provided for in the other residential districts. (1) A variety of housing types, including single-family, two-family units, townhouses, and apartments, are encouraged in order to provide for a mix of housing types, tenures, prices, household sizes, age groups, and lifestyles. (2) Cluster development is encouraged so as to reduce lot sizes and provide additional open space for common use by residents and adjacent communities. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. (1) Residential cluster development subject to an approved Development Plan (2) A Planned Unit Development (PUD), subject to an approved Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. 47
(3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Section 225-30. R-15 Residential District. A. Purpose. (1) The purpose of R-15 Residential District is to provide for low to medium density residential development in areas where public water and sewer and other public facilities may not be available. (2) The district provides for development of new suburban residential neighborhoods, as are compatible with this scale of residential development. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. (1) Residential cluster development option subject to an approved Development Plan; and (2) Planned Unit Development (PUD) subject to an approved Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Section 225-31. R-20 Residential District. A. Purpose. The purpose of the R-20 Residential District is to provide for low-density, single-family residential development, and higher density residential development as 48
may be permitted, as may be necessary or are normally compatible with residential surroundings. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options: (1) Residential cluster development option subject to an approved Development Plan. (2) Planned Unit Development (PUD), subject to an approved Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Section 225-32. R-30 Residential District. A. Purpose. The purpose of the R-30 Residential district is to provide for low-density single-family residential development, normally compatible with residential surroundings and providing more spacious, non-urban neighborhoods. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. Residential cluster development option subject to an approved Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, 49
shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Section 225-33. REC, Residential, Educational and Cultural District. A. Purpose. The purpose of the REC Residential, Educational and Cultural district is to permit limited and compatible educational and cultural uses and to promote compatibility with surrounding neighborhoods. The district standards emphasize site and performance standards designed to protect neighborhoods and ensure compatible relationships with adjacent properties. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. General Requirements. (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. D. Supplemental Requirements. (1) Office buildings and uses for educational purposes shall promote the development of leadership skills which are open to the entire campus including both educational and fraternal organizations. (2) Uses on the site shall be screened from adjacent residential structures by a combination of a fence, berm or landscape plantings. (3) The size, location and architectural treatment of any proposed buildings shall be compatible with the predominant architectural character of the neighborhood. (4) A Development Plan shall be presented to and approved by the Planning 50
Commission prior to the issuance of a building permit or zoning authorization for any use in this District. Section 225-34. TT Town Transition District. A. The purpose of the TT Town Transition district is to establish a rural/municipal transition district at appropriate locations along the periphery of existing incorporated towns. (1) The district encompasses unincorporated areas located adjacent to incorporated municipal centers. (2) This district encourages development that is compatible with the existing character of the surrounding area. (3) Standards are intended to ensure that development complements the existing character of the area and results in efficient and orderly growth in areas adjacent to the town centers. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. (1) Residential Cluster Development option subject to an approved Development Plan. (2) Planned Unit Development (PUD), subject to an approved Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Part IV Commercial Districts Section 225-35. C-1 Select Commercial District. A. Purpose. The purpose of the C-1 Select Commercial District is to provide locations for retail, office, service and related uses that serve neighborhood and community-wide markets. 51
(1) The district is designed to encourage the development of uses which require a well-designed environment on moderate size lots with locations that emphasize visibility and access to a major State or County highway. (2) Intensive, traditional strip commercial development is discouraged and specific design standards are established to ensure that the impact of these developments will not create an adverse impact on adjacent areas. (3) Special design requirements, including landscaping, parking and access control standards are included in order to ensure development of a high-quality, low-intensity commercial environment compatible with adjacent residential neighborhoods. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. Planned Business Centers subject to an approved Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking, including access requirements, shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. E. Supplemental Requirements (1) A Site Plan shall be presented to and approved by the Planning Commission prior to the issuance of a building permit or zoning authorization for any use within the C-1 Select Commercial District. (2) Outside display and/or storage of commercial items shall not be permitted unless specifically approved by the Planning Commission. Section 225-36. C-2 General Commercial District. A. Purpose. The purpose of the C-2 General Commercial District is to provide areas for a diversity of economic activities, including the exchange of goods and the provision of services to residents of the county and regional markets. 52
(1) The districts are located in areas with access to County and State roads and highways where because of the intensity of land use, these uses can be better served by existing or planned public utilities. (2) The restrictions set forth herein are designed to ensure a wide range of economic activity, with appropriate design standards, in conveniently located areas, to protect adjacent areas and maintain safe traffic conditions. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. Planned Business Centers subject to an approved Development Plan. D. General Requirements. The following supplemental development standards shall apply in the C-2 General Commercial District: (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking, including access requirements, shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. Section 225-37. C-3 Regional Commercial District. A. Purpose. The purpose of the C-3 Regional Commercial District is to provide areas for regional retailing and service commercial activities that require large sites, high visibility and access to major regional highways. (1) The restrictions set forth herein are designed to ensure a continuous prosperity in the economic development of the community and to locate these districts where they will not be detrimental to adjoining residential areas. (2) District standards and regulations are designed to protect uses within the district and within adjacent or surrounding districts, to minimize highway congestion and to ensure quality commercial development abutting major highways. 53
B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. (1) Planned Business Centers (PBC) subject to an approved Development Plan. (2) A Planned Industrial Park (PIP) is permitted with a Development Plan. D. General Requirements. A Development Plan shall be submitted to the Planning Commission for all proposed development within the C-3 Regional Commercial district. The following supplemental standards apply to all uses in the C-3 Regional Commercial District: (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking, including access requirements, shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article I. E. Supplemental Regulations (1) The layout of the development site shall be such that an overall street system may be designed within the development and which will connect with streets or highways to the development in such a way as to provide for the safe and efficient movement of traffic to and within the development. (2) The design of the development shall be such that necessary utilities may be adequately provided to serve the development. (3) The development shall be designed in such a manner as to ensure the development s compatibility with adjoining districts and uses. (4) The layout shall be such that it will lend itself to orderly series or stages of construction to ensure that access and utilities can be provided at a minimum of public expense and effort. (5) An exterior lighting plan showing the location of exterior lighting fixtures or standards shall be demonstrated on the Development Plan. (6) The minimum distance between buildings shall be twenty (20) feet. 54
Part V Institutional, Business and Industrial Districts Section 225-38. LB-1 Light Business and Institutional District. A. Purpose. The purpose of LB-1 Light Business and Institutional District is to provide areas for the location of light business and institutional uses, high density residential uses, and public facilities on highways or streets with sufficient capacity to accommodate project traffic and adjacent to residential districts. The district regulations and standards are designed to: (1) Protect the district and adjacent residential districts; (2) Present an appearance of openness and uncluttered, orderly development; and (3) Limit intensity of use to levels compatible with the character of the area. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. Planned Business Centers subject to an approved Development Plan. D. General Requirements. A Site Plan shall be submitted to the Planning Commission for all proposed development within the LB-1 district. The following supplemental standards apply to all uses in the LB-1 Light Business and Institutional District: (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking, including access requirements, shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. E. Supplemental Requirements (1) Overhead doors facing a street; and erection of external tanks and equipment (beyond customary building mechanical systems) that are not fully enclosed or fully screened from public view are prohibited unless specifically approved by the Planning Commission. (2) Site design should ensure a compatible physical relationship with the surrounding neighborhood. 55
Section 225-39. LB-2 Light Business and Residential District. A. Purpose. The purpose of the LB-2 Light Business and Residential district is to provide areas for low-impact commercial uses along the edges of certain residential areas that are impacted by high-volume traffic on major streets or highways and nearby commercial or industrial uses. (1) The district is characterized by a mixture of residential and low-impact commercial, business, office, and service uses. (2) Regulations and standards are established to limit intensity of uses and preserve the residential appearance of the district. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. General Requirements. A Site Plan shall be submitted to the Planning Commission for all proposed development within the LB-2 Light Business and Residential District. The following supplemental standards apply to all uses in the LB-2 Light Business and Residential District: (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article VII. (5) Parking, including access requirements, shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. D. Supplemental Requirements (1) The following exterior design standards shall apply: (a) The residential appearance of all existing buildings and structures shall be retained. (b) All new structures shall be designed in residential style. (2) Maximum gross floor area requirement shall not exceed 15,000 sq. ft. Section 225-40. AB Airport Business District. A. The purpose of the AB Airport Business District is to encourage development of county-owned land adjacent to the Salisbury, Ocean City-Wicomico Regional Airport with an appropriate mix of business and light industrial uses and to provide opportunities for alternative densities, lot sizes and other bulk regulations. 56
(1) Permitted uses in the AB District shall give the County maximum flexibility in its site marketing and development program and consistent with the County s overall economic development objectives and programs. (2) Minimum development standards for this district are intended to ensure application of good site planning principles in the development of each site. B. Permitted Uses. To accomplish the purposes of this district, it is in the best interest of the County that uses within this district be as approved by the Wicomico County Airport Commission in accordance with specific plans to assure that the County will benefit from the proposed district with a minimum impact on the surrounding areas and the environment. C. General Requirements. Provisions of the AB district where found to be in conflict with the following shall supersede those other provisions with which they conflict: (1) Other provisions of this chapter; and (2) Provisions of the Wicomico County Subdivision Chapter. D. Site Plan approval in the AB Airport Business District (1) The authority for site plan review and approval for proposed private development activities located in the AB district is hereby delegated to the Airport Commission. (2) Site plan review and approval under this subsection shall be done in accordance with Section 225-13. Section 225-41. I-1 Light Industrial District. A. The purpose of the I-1 Light Industrial District is to provide areas for light industrial development, including manufacturing, wholesaling, research and development activities, and selected businesses and commercial uses. Development performance standards have been established to ensure that no use is permitted which may be detrimental because of odor, smoke, dust, toxic fumes, fire, noise, explosion, outside storage or toxic or hazardous chemicals. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options. A Planned Industrial Park is permitted with a Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, 57
shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. (6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. E. Supplemental Requirement In keeping with the purpose of this district: (1) all nonagricultural uses shall be conducted entirely within an enclosed building or buildings; and (2) no use may be permitted which may be detrimental to the area because of odor, smoke, dust, toxic fumes, fire, noise, explosion, outside storage or toxic or hazardous chemicals. Section 225-42. I-2 Heavy Industrial District. A. The purpose of the I-2 Heavy Industrial District is to encourage industrial growth in the county by providing areas suitable for the development of heavy manufacturing, assembling, or industrial processing activities that have characteristics that could be detrimental if allowed to operate in other districts within the County. The standards and restrictions established for this district are intended to protect both nearby areas and industries which propose to locate or already have located within this district. B. Permitted Uses. The permitted uses shall be those specified in the Table of Permitted Uses, Section 225-67. C. Development Options A Planned Industrial Park is permitted with a Development Plan. D. General Requirements (1) Accessory buildings and structures shall be provided for all uses in accordance with the requirements of section 225-59 and the general requirements of Article VI. (2) Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Article VII. (3) Lighting shall be provided for all uses in accordance with the requirements of section 225-73. (4) Signage shall be provided for all uses in accordance with the general requirements of Article IX. (5) Parking shall be provided for all uses in accordance with the general requirements of Article X. 58
(6) Landscaping shall be provided for all uses in accordance with the general requirements of Article XI. SubPart A - Overlay Districts Section 225-43. A-2 Airport Overlay District. Part VI Special Districts A. Purpose. The purpose of this overlay district is to maintain and protect the public safety by preventing the establishment of hazards to aviation and property in the vicinity of the Salisbury- Ocean City:Wicomico Regional Airport, protecting users of the airport and preventing unreasonable limitation or impairment on the use and expansion of airport facilities and the public investment which has been made therein. B. Specific use restrictions. (1) Uses shall be those established by the underlying base zoning district, except that the following uses are not permitted within the area identified on the zoning map as the airport protection zone which is designated as that area within an eight thousand (8,000) foot radius around the Salisbury-Ocean City: Wicomico Regional Airport: (a) Elderly Day Care; (b) Day-care Center; (c) Hospitals; (d) Apartment buildings and Townhouses; (e) Places of Assembly; (f) Sanitariums/Sanatoriums; (g) Schools, including nursery and general and special instruction schools; and (h) Wireless Telecommunication Towers and Antennas. (2) Bulk regulations. All area, setback, lot sizes and dimensions for both principal and accessory buildings and structures and other related regulations, shall be the same as those established for the underlying base zoning district. C. Performance standards. (1) Notwithstanding any other provision of this Chapter, no use shall be made of land within the A-2 Airport Overlay District which: (a) Creates electrical interference with radio communications between the airport and aircraft, including radio and television transmitting towers or studios, Wireless Telecommunication Towers and Antennas and large radiation or X-ray equipment. (b) Includes aboveground storage of petroleum or any other explosive material. (c) Emits smoke or odor. (d) Contains lights or signals which may be confused with airport navigational lights. (e) Results in glare to pilots approaching, leaving or circling the airport or which impairs visibility in the A-2 Airport District. 59
(f) (g) Provides private airfields or runways for the use of planes other than those used in the principal airport in the district. Otherwise endangers the landing, taking off or maneuvering of aircraft. (2) Any disagreement with the Zoning Administrator s interpretation of the provisions of this section may be appealed to the Board of Appeals. D. Height limitations. No structure, tower or tree shall be constructed, altered, allowed to grow or maintained in violation of the following height restrictions: (1) Airport approach zones: As determined by the Wicomico County Public Works Department in conjunction with the Airport Manager. (2) Airport turning zones: Not in excess of 150 feet above ground level. E. Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this district and reasonable in circumstances, be conditioned as to require the owner of a structure, tower or tree, at his own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Section 225-44. HP, Historic Preservation Districts. A. Purpose. (1) It is the purpose of the Historic Preservation Districts to safeguard and promote the history and heritage of Wicomico County by preserving areas, structures and sites of cultural, archeological, social, economic, political, architectural or historical significance, thereby strengthening and improving the local economy by stabilizing and improving property values. Preservation activities will foster civic beauty and promote the use and preservation of these areas for the education, welfare and pleasure of the public. By designating such structures and sites representing a variety of historic and architectural periods, a significant public purpose can be attained by preserving a visual record of the heritage of Wicomico County. (2) The regulations within these districts are established to: (a) Protect against destruction of or encroachment upon these areas and the structures and premises therein; (b) Encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural, social, economic, political and archaeological heritage of the county; (c) Prevent creation of environmental influences adverse to such purposes; (d) Assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced. (3) The following general regulations are based upon this intent, which is consistent with the historic preservation goals and recommendations contained in the Comprehensive Plan. B. Definitions. As used within the context of this section, the following terms shall have the meanings indicated: 60
ALTERATION - Any exterior change that would affect the historic, archeological, or architectural significance of a designated site or structure, any portion of which is visible or intended to be visible from a public way, including, but not limited to, construction, reconstruction, restoration, removal, moving, or demolition. APPURTENANCES AND ENVIRONMENTAL SETTINGS - All of the space of grounds and structures thereon which surrounds a designated site or structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but are not limited to, walkways, and driveways (whether paved or unpaved), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks. DEMOLITION Includes any willful neglect in maintenance and repair of a structure, not including appurtenances and environmental settings, held or used in a trade or business or for the production of income, that does not result from financial inability to maintain and repair the structure and that threatens to result in any substantial deterioration of the exterior features of the structure. EXTERIOR FEATURES - The architectural style, design, and general arrangement of the exterior of an historic structure, including the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, or similar items found on or related to the exterior of an historic structure. HISTORIC DISTRICT - An area in the County which is deemed to be of historic or architectural value, the boundaries of which are established by the County Council. ORDINARY MAINTENANCE - Work that does not alter the exterior fabric or features of a site or structure and has no material effect on the historical, archeological, or architectural significance of the historical site or structure. Exterior features include the architectural style, design, and general arrangement of the exterior; the color, nature, and texture of building materials; and the type and style of all windows, doors, light fixtures, signs, and similar items found on, or related to the exterior of a designated historic structure or landmark. Basically, ordinary maintenance is that which will have no material effect on the historical, architectural, cultural, or archaeological value of the designated historic structure, site or landmark. This definition of ordinary maintenance applies, whenever appropriate, to the appurtenances and environmental setting of the property, as well as the building, structure or object itself. The following considered to be ordinary maintenance include: (1) Repair or replacement of roofs, gutters, siding, external doors and windows, trim, lights, and other appurtenant fixtures with like materials of like design. (2) Landscaping, except the removal of significant healthy trees. (3) Paving repair using like materials of like design. (4) Repainting of surfaces using the same or substantially the same color. RECONSTRUCTION - The process of reproducing by new construction the exact form and detail of a vanished structure, or part thereof, as it appeared at a specific period of time. RESTORATION - The process of accurately recovering the form and details of a 61
property as it appeared in a specific period of time by means of removal of later work or replacement of work from that period now missing or deteriorated beyond repair. SITE - The location of an event of historic significance or a structure, whether standing or ruined, which possesses documented historic, architectural, archeological, or cultural significance. STRUCTURE - A combination of material to form a construction that is stable, including, among other things, buildings, stadiums, reviewing stands, platforms, staging, observation towers, radio towers, water tanks and towers, trestles, piers, paving, bulkheads, wharves, sheds, coal bins, shelters, fences and display signs. The term also includes natural land formations, appurtenances and environmental settings. The term structure shall be construed as if followed by the words "or part thereof." C. Establishment of boundaries. (1) The County Council may establish, change, lay out and define districts which are deemed to be of historic or architectural value in accordance with the procedures applicable to the establishment of zoning districts set forth in Article II, Part IV of this Chapter. With respect to historic districts, it shall not be necessary to show a mistake in the original boundaries or a change in the character of the area. (2) The County Council or the Planning Commission may, in the process of establishing boundaries, designate the Historic District Commission, the County Committee of the Maryland Historic Trust and/or the Maryland Historic Trust to make an analysis of and recommendation concerning the proposed district. (3) Historic District boundaries shall be shown on the official Zoning Map as an HP zoning overlay district over the underlying base zoning district. (4) All provisions of the underlying zoning district shall be applicable in addition to the provisions of the Historic Preservation District. D. Historic District Commission. (1) The Wicomico County Historic District Commission ( Historic Commission ) shall have a membership of at least seven (7) persons, all of whom are residents of the County and are qualified by special interest, knowledge or training in such fields as history, architecture, preservation or urban design and who have knowledge of and have demonstrated an interest in the preservation of historic and architectural areas of the county. (2) The members shall be appointed for terms of three (3) years each, in staggered terms. Members shall be eligible for reappointment. (3) In the event of a vacancy on the Historic Commission, the County Council shall make an interim appointment for the remainder of the unexpired term. (4) Organization. (a) The Historic Commission shall organize annually and select a Chairman from its membership. (b) Rules and regulations. The Historic Commission may amend its rules and regulations, provided that such amendments are presented and approved by the County Council and made available for public comment prior to adoption; and (c) The County Council may, from time to time, appoint professional advisers to the Historic Commission. 62
(5) Meetings. (a) All meetings of the Historic Commission shall be open to the public. Any interested person or his duly constituted representative shall be entitled to appear and be heard on a matter before the Historic Commission. (b) The Historic Commission shall keep a written record of its proceedings and actions, including all applications received, and the official action of the Historic Commission on each application, which shall be on file for public view in the office of the Secretary. (c) Notice of the Historic Commission's meetings shall be given in accordance with provisions for public notice established in the Historic Commission's rules and regulations. (d) A quorum shall consist of four (4) members. E. Applications, powers and procedures. (1) Application. (a) Any person, individual, firm or corporation proposing to construct, alter, reconstruct, move, demolish or repair any structure within an Historic District, if such changes would affect its exterior appearance, shall file an application for permission to undertake such construction, alteration, reconstruction, moving, demolition or repair. The application shall be filed with the Department, which shall forward the application, together with all relevant maps, plans and all other data, to the Historic Commission. (b) Each application shall include all necessary data required by the rules of the Historic Commission and shall be advertised in such manner as provided for in the rules of the Historic Commission. (2) It shall be the duty of the Historic Commission to review any application to construct, alter, reconstruct or move any structure within an Historic District if any such changes would affect its exterior appearance and to approve or reject such application. No permit for any such change may be granted until the Historic Commission has acted thereon. (3) In reviewing an application, the Historic Commission shall give consideration to: (a) The historic or architectural value and significance of the structure and its relation to the historic value of the surrounding area; (b) The relationship of the exterior architectural features of such structure to the remainder of the structure and to the surrounding area; (c) The general compatibility of exterior design, arrangement, texture and materials proposed to be used; (d) Special features in historic areas, such as their architectural integrity and spatial relationships among buildings. Spatial relationships include courtyards, street patterns, the scale of buildings and open space; (e) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity; (f) The United States Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation; and (g) Any other factors, including aesthetic factors, which the Commission deems to be pertinent to the proposed application. (4) In determining actions which may be permitted the Historic Commission shall follow the following standards: (a) Deteriorated architectural features shall be reconstructed rather than replaced wherever possible. In the event that replacement is necessary, 63
(b) (c) the new material should match the material being replaced in composition, design, color texture and other visual qualities. Reconstruction or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures; The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken; and Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project. (5) The Historic Commission shall act on only the exterior features of a structure and shall not consider interior arrangement, nor shall it disapprove applications except with regard to the considerations set forth above. (6) Nothing in this section of the Chapter shall be taken or construed to prevent work or repairs on any structure coming under the heading of ordinary maintenance. (7) Intent of Historic Commission review. (a) (b) (c) (d) It is the intent of these regulations that the Historic Commission be strict in its judgment of plans for structures deemed to be valuable according to studies performed for districts of historic or architectural value. It is not the intent of these regulations to limit new construction, alteration or repair to any one period or architectural style. It is also the intent of these regulations that a Historic Commission shall be lenient in its judgment of plans for structures of little historic value or new construction except where such plans would seriously impair the historic or architectural value of surrounding structures. It is recognized that there are a number of structures within Historic Districts that are neither architecturally nor historically significant or valuable and that most changes to such structures, including demolition thereof, would not be detrimental to an Historic District and may represent improvement thereof. (8) The Historic Commission shall have the right to petition the County Council for designation of appropriate areas as Historic Districts. (9) Special consideration. (a) (b) (c) (d) In the case of an application for alterations affecting the exterior appearance of a structure which the Historic Commission deems of unusual importance to the County or unusual importance to the entire State or Nation, the Historic Commission shall endeavor to formulate, with the owner, an economically feasible plan for the preservation of such structure. Unless the Historic Commission is satisfied that the proposed construction, alteration, reconstruction, moving or demolition will not materially impair the historic value of the structure, the Historic Commission shall reject the application and shall file with the Zoning Administrator and Building Inspector a written copy of the rejection of such application. No new applications for the same or similar work shall be filed within one (1) year after such rejection, except in the event of a change in such structure arising from casualty. If an application is submitted for construction, reconstruction, alteration or 64
(e) for moving or demolition of a structure that the Historic Commission deems of unusual importance and no economically feasible plan can be formulated, the Historic Commission shall have ninety (90) days from the time it concludes that no economically feasible plan can be formulated to negotiate with the owner and other parties in an effort to find a means of preserving the structure. In the case of any such structure deemed to be valuable for the period of architecture it represents and important to the neighborhood or area within which it exists, the Historic Commission may approve such application to demolish or alter such structure if: [1] Such structure is a deterrent to a major improvement program which will be of substantial benefit to the County; [2] Retention of such structure would cause undue financial hardship to the owner; or [3] Retention of such structure would not be in the best interests of the majority of the community. F. Architectural easements. Wicomico County may purchase architectural easements in connection with structures located in or adjacent to an Historic District. Such easements shall grant to Wicomico County 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. G. Approval or rejection of application. (1) The Historic Commission shall file with the Zoning Administrator and Building Inspector its certificate of approval, modification or rejection of all applications submitted to it for review. The Historic Commission shall set forth, in writing, its reason for approval, modification or rejection of an application. (2) No work shall begin on any project until such a certificate of approval has been filed. (3) In the case of rejection, such certificate shall be binding on the Zoning Administrator and Building Inspector, and no building permit for such change or construction shall be issued. (4) Failure of the Historic Commission to act within forty-five (45) days from the date an application is filed shall constitute approval unless an extension is mutually agreed upon by the applicant and the Historic Commission. H. Appeals. Any applicant, interested person or persons, firm or corporation aggrieved by a decision of the Historic Commission shall have the right to appeal that decision to the Board of Appeals. Written notice of appeal shall be submitted to the Secretary of the Board of Appeals within thirty (30) days from the Historic Commission's decision. Section 225-45. Paleochannel Overlay District. A. Purpose. The paleochannel is a buried riverbed estimated to store approximately seven billion gallons of water. The known portion of the channel extends into the northerly and central sections of Wicomico County. This resource currently provides potable water for the City of Salisbury and is an important future water supply for the City of Salisbury and Wicomico County. Because of its vast potential as a source of potable water, protective measures, in the form of use limitations, performance standards and detailed review 65
procedures, are necessary to ensure that the channel is protected from contamination resulting from environmentally incompatible land uses. The following use restrictions and standards have been developed in order to conserve and protect this vital natural resource. B. Establishment of boundaries. The Paleochannel District shall be shown on the Official Zoning Map as a district overlying the existing underlying base zoning district(s), including all that area outside of the corporate limits of Salisbury shown as the Paleochannel on the Maryland Geological Survey Map, for the Paleochannel. The boundaries of this district may be changed from time to time as better information concerning the location of the Paleochannel may become known from qualified scientific sources. C. Permitted Uses. Permitted, Special Exception and Accessory uses shall be those allowed in the underlying zoning district in which the property is located, except as hereinafter modified. Such uses shall be subject to the regulations imposed for that underlying district, unless a more specific requirement is provided for herein. D. Prohibited uses. The following uses are prohibited in any district over which the Paleochannel Overlay District is applied: (1) Soil remediation facility. (2) Hazardous waste storage or facility. (3) Toxic waste storage or facility. (4) Infectious waste storage or facility. (5) Any use that will include the underground storage or generation of materials that are ignitable, corrosive, reactive, toxic, hazardous, infectious or chemical or petroleum laden. This provision shall not apply to: (a) Existing industrial uses where materials that are ignitable, corrosive, reactive, toxic, hazardous, infectious, chemical or petroleum laden are part of the means of production, or. (b) The storage of petroleum or chemicals incidental to permitted agriculture uses. (c) Storage of natural gas or propane used for heating and cooling the (d) premises where located. Above ground storage of such materials in compliance with all State and Federal regulations which may from time to time be promulgated. (6) Mineral extraction (i.e., sand, gravel and clay excavations) or borrow pit operation. (7) Sanitary landfill. (8) Salvage or recycling yards and junkyards. (9) Rubble landfill. (10) Sludge storage or application. E. Application. (1) All proposals for either uses or development allowed as Permitted or Special Exception uses on any lot or parcel of land which is wholly or partially located in the Paleochannel overlay district, shall first be reviewed and approved by the Planning Commission. These provisions shall not apply to a single-family, or twofamily residence; an agricultural use; an on-site sign; a family day care home (up 66
to 8 children); or a home office (with no site disturbance). (2) An application for said use shall be made to the Zoning Administrator. (3) The application shall include a Site Plan and include the following information: (a) A narrative description by the applicant of the proposed use and activities to occur on site, including the types of materials to be used and any process occurring on the site in question. (b) A natural, cultural, historic and archeological features inventory of the site. (c) The features inventory shall clearly show on the Site Plan the following information: [1] Hydric, alluvial and highly permeable soils and slopes over 15%. [2] Wooded areas on the site. [3] Streams, free-flowing or intermittent. [4] Natural drainage ways or swales. [5] Tidal or nontidal wetlands. [6] One-hundred-year floodplains boundaries. [7] The location of significant historic, cultural, or archeological features. [8] Drainage basin boundaries. [9] Wellhead Protection Areas (d) The Planning Commission may request any additional information it deems necessary be added to the required Site Plan. (e) (f) Written review comments from the Wicomico County Health Department. One copy of any on-site mitigation plans for nontidal wetlands or forest conservation or any other mitigation plan as approved by any state or federal agency as may be required by law if required by the Planning Commission. (4) Copies of any applications made to any state or federal agency for approval of the proposed use on the site if required by the Planning Commission. F. Development standards. In addition to the development standards for the underlying zoning district in which the proposed use is located, the following shall be required: (1) Alterations No more than 85% of the site may be altered in any manner. The Planning Commission, after reviewing justification provided by the applicant, may permit disturbance on the remaining fifteen percent (15%) of the site for minor grading and site preparation. (2) Removal No more than 15% of any existing natural vegetation, one inch or larger in size, on the site shall be removed except as may be specifically authorized by the Planning Commission. (3) Slope - In reviewing the type of stormwater management proposed for the use, the Planning Commission may require that a greater amount of stormwater be stored on site than the minimum required under the county Stormwater Management Regulations. In addition, the Planning Commission may require a less steep slope than required by existing regulations and may require that the applicant stabilize the banks of all slopes and bottom of the stormwater management pond with sod before such facilities can become operational. Any such additional requirements by the Planning Commission shall first be submitted to the Director of Public Works for review and comment. (4) Stream Buffer - Minimum 35 foot buffer shall be retained abutting the bank of any free-flowing or intermittent stream on site. Land areas included within this 35 foot 67
buffer area may be counted toward the overall percentage of the site required to remain undisturbed. G. Planning Commission review and approval procedures. (1) Once a complete application has been received by the Zoning Administrator, and deemed of sufficient concern to warrant a full review, the proposal for development of any lot or parcel of land for any permitted use described herein shall be submitted to the Planning Director for the preparation of a report to be reviewed and approved by the Planning Commission. (2) The Planning Commission shall review the use, its operating characteristics and the proposed location relative to any existing or future possibility of contamination of the Paleochannel through the operation, storage or handling of raw or waste materials or from the particular manufacturing, storage or other process proposed. The Planning Commission may solicit any technical advice or information it deems necessary in its review of the proposed use to assure that possible contamination will not occur, including but not limited to an environmental impact statement or any information necessary to obtain any permit from any applicable state or federal agency or an impact statement from an independent consultant to be selected by the Planning Commission and paid for by the applicant. (3) If the Planning Commission is satisfied that the proposal poses no risk of contamination to the Paleochannel, the application shall be approved and notice provided the Zoning Administrator. (4) If the Planning Commission determines that there is the potential that the proposal will contaminate or may pose a serious risk of contamination to the Paleochannel, and then the request shall be denied. A written findings of fact, listing the final decision of the Planning Commission and its reasons for denial, shall be provided within ninety (90) days of the Planning Commission's action. (5) A proposal which has been rejected by the Planning Commission may be resubmitted for review, provided that there has been a major change in the method proposed for processing, storage or handling of materials, products or wastes that eliminates or substantially reduces the risk of contamination to the Paleochannel. (6) Appeal from the Planning Commission's final decision may be made to the Board of Appeals in accordance with the provisions of Article XIII of this Chapter. Section 225-46. Neighborhood Preservation Overlay District. A. Purpose. The purpose of this district is to preserve, protect and maintain those areas which were established as single-family residential or are planned to be in predominantly single-family residential development. Special restrictions are designed to encourage high standards of residential development for single-family use, thus ensuring existing and future residents of the continued advantages of low-density development and compatible land uses, thereby resulting in stable property values and neighborhoods. The following use restrictions and standards have been developed in order to conserve and protect these neighborhoods. B. Establishment of boundaries. The Neighborhood Preservation District shall be shown on the Official Zoning Map as a district overlying the existing underlying zoning. The boundaries of this district may be changed from time to time without the necessity of 68
C. Uses. showing a mistake in the original boundaries or a change in the neighborhood. (1) Permitted and accessory uses shall be those allowed in the underlying zoning district in which the property is located, except as modified in this Section. (2) For any use that includes the term family, the following definition shall apply: FAMILY -- One person or two or more persons related by blood or marriage, or a group of not more than two persons not necessarily related by blood or marriage, in any case, living together as a single housekeeping unit. D. Prohibited uses. The rental of guest rooms shall be a prohibited use in districts over which the Neighborhood Preservation District is applied. SubPart B - Legislatively Approved Floating Districts Section 225-47. Approval. A. The following PDDs are therefore set forth in the text of this Chapter, with specific boundaries to be established on the Official Zoning Map after approval by the County Council of a Preliminary Development Plan. These districts are "floating districts" and under Maryland case law are analogous to special exceptions. Criteria for establishment of these districts are set forth in the purpose for each district and shall be the basis for approval or denial by the County Council without the necessity of showing a mistake in the original zoning or a change in the neighborhood. B. Application for the establishment of a floating district shall be made in accordance with the procedures applicable to the amendment of zoning districts set forth in Section 225-20, Amendments, of this Chapter. (1) Such application shall include a Development Plan that sets forth the land uses requested. (2) It shall not be necessary for the applicant to show a mistake in the original zoning district boundaries or a change in the character of the area in order for the County Council to approve the floating district request. C. The Planning Commission shall make an analysis of and recommendation concerning the proposed district. D. The County Council, upon consideration of the recommendations of the Planning Commission, may approve a floating district when it finds that the proposed district satisfies the purposes and standards of this section, including the following: (1) All necessary infrastructure for the proposed development is or will be made available to the district at the time and location required. (2) The proposed district will not adversely affect the health, safety and general welfare of the residents or workers in the area. (3) The proposed district is compatible with and will not be detrimental to the use or development of adjacent properties or the general neighborhood. (4) The proposed development has been designed so as to minimize possible adverse affects on adjacent properties or on the immediately surrounding area. 69
(5) The proposed development will not adversely affect the transportation network or unduly burden water, sewer, schools, parks, stormwater management areas, including streams, or other public facilities. (6) The proposed development will not adversely affect the environmental or historical assets of particular interest to the community as may be identified in any adopted plan of the County. E. Upon final approval by the County Council, the district boundary shall be shown on the official Zoning Map. Section 225-48. Corporate Industrial District (CID). A. Purpose and intent. (1) It is the purpose of the CID to implement the recommendations of the Comprehensive Plan to establish a mechanism and appropriate standards for locating new, large-scale regional corporate and multi-use industrial centers in areas not currently mapped for such use, but which may be particularly well suited for these uses. (2) The CID, will encourage the best possible design of buildings and site planning under a Development Plan and provide for more efficient use of land and the provision of public services. (3) This district provides opportunities for alternative densities, lot sizes and other bulk regulations. It is in the best interest of the County, therefore, that these districts be approved by the County Council in accordance with specific plans to assure that the County will benefit from the proposed district with a minimum impact on the surrounding areas and the environment. (4) Additional purposes of this district are: (a) To promote and facilitate economic development at appropriate locations within the County; (b) To encourage development which presents an attractive appearance and is compatible with uses in the surrounding area by means of appropriate siting of buildings, service areas and landscape treatment; (c) To locate development on sites served by one (1) or more major highways and on sites that are clearly suitable for the physical characteristics of development for such uses; (d) To provide a more flexible approach to the comprehensive development of large tracts of land in terms of land use, intensity and design; (e) To require the orderly, staged construction of large-scale, comprehensively planned corporate and industrial centers; (f) To assure compatibility of land uses proposed in such a development with uses in the area surrounding the site by incorporating appropriate standards of land planning and site design; and (g) To be used to implement the Comprehensive Plan and other county plans and policies in a manner consistent with said county plans and policies. B. Uses. (1) Uses permitted shall be those uses permitted in an I-1 Light Industrial District. (2) Any use permitted inherently or by Special Exception in a C-2 General Commercial, C-3 Regional Commercial, and any other use approved by Council, on the recommendation of the Planning Commission, except those uses set forth 70
in paragraph (3), below, when such use is: (a) Integral to the overall design concept of the CID; (b) Essential to the success and purpose of the district; and (c) Will not harm the integrity and function of the CID or surrounding neighborhoods. (3) The following uses are prohibited in a CID: (a) Car Washes. (b) Motor Vehicle Sales and Motor Vehicle Service. (c) Boat sales, service or repair facilities. (d) Consignment Sales. (e) Farm Equipment sales, service or repair. (f) Manufactured Home parks. (g) Manufactured home sales and service. (h) Mobile office. (i) Outdoor advertising structures. (j) Campgrounds or travel trailer parks. (k) Temporary mobile residences or travel trailers. (l) Sanitary Landfill Operations. C. Outdoor storage. Outdoor storage shall be provided for all uses in accordance with the requirements of Article XI. D. Minimum Land Area: The proposed site for a CID shall contain a minimum contiguous land area of five (5) acres. E. Setback requirements. Setback requirements shall be identical to those provided for the I-1 Light Industrial District and shall be applied to all uses in the CID, regardless of their classification as industrial or commercial unless specifically approved by the Planning Commission. F. Front Yard limitations. No outdoor storage of materials or supply storage yards shall be permitted within the front setback requirement on each site. G. Signs. Signs shall be provided for all uses in accordance with the requirements of Article IX. H. Parking requirements. Off-street parking and loading and unloading space shall be provided for all uses in accordance with the requirements of Article X. I. Landscaping. Landscaping shall be provided for all uses in accordance with the requirements of Article XI. Section 225-49. Planned Unit Development (PUD). A. Purpose. It is the intent of this district to control the placement, design, use, and density of well-planned, residential development which offers a variety of building types and a more efficient overall use of land, and within these limits, to permit the optimum amount of flexibility and variety in the design of such varying types of residential structures including single and two-family dwellings, townhouses and apartment buildings. Within the intention of these regulations, the following objectives are sought. 71
(1) To provide a more attractive and varied living environment than would be possible through the strict application of R-8, R-15 and R-20 Residential Districts and TT Town Transition district requirements. (2) To encourage developers to use a more creative approach in the development of land and open space. (3) To encourage variety in the physical development pattern of residential areas. B. Where Permitted. (1) A PUD is permitted in R-8, R-15 and R-20 Residential Districts and TT Town Transition district subject to an approved Development Plan. (2) Minimum Land Area. The proposed site for a PUD shall contain a minimum contiguous land area as follows: (a) R-8: 10 acres (b) R-15: 20 acres (c) R-20: 25 acres (d) TT: 15 acres C. Permitted uses. PUDs are contemplated to be primarily residential in use. However, PUDs of sufficient size and appropriate character may have elements of commercial development which are incidental to the PUD and are intended primarily for the use of its residents. Permitted uses are as follows: (1) Single-family and two-family dwelling units; (2) Zero-lot-line development; (3) Townhouses; (4) Apartments, limited to no more than 12 units per acre; (5) An office, temporary or permanent, belonging to the developer and clearly incidental to management and sales operations of the PUD; (6) Temporary structures incidental to construction and meant to be removed when construction is complete; and (7) In a PUD of fifty (50) acres or more, a planned commercial center may be permitted as follows: (a) (b) (c) (d) Such commercial center shall be an integral part of the plan for the PUD. The total aggregate area of all the commercial establishments and their parking area shall be established in the approval of the Development Plan but in no case shall be greater than one (1) percent of the gross site area. The Planning Commission may increase the total aggregate area of all commercial establishments up to 2% of the gross site area when the project includes purchase of transferable development rights for the A-1 Agriculture-Rural District. Planned commercial uses shall be compatible with the residential nature of the PUD. These may include any use listed as Permitted or Special Exception Uses in the C-1 Select Commercial District. (e) No construction on the planned commercial center shall begin until 30% of the total planned residential units are completed. (8) Land and places for public assembly, recreational, governmental, or community buildings and accessory uses or buildings. The Planning Commission may require the reservation of lands for such uses if it is deemed advantageous or necessary for the purpose of serving the PUD and the local community. 72
D. Density. (1) The total density in the PUD shall be as established in the Schedule of Maximum and Minimum Permitted Residential Densities. (2) Each phase of a multi-phase PUD should be able to stand as an independent development. At no point in the development of a multi-phase PUD development shall the density of residential development in a completed phase of the project area exceed the approved maximum density established in the Schedule of Maximum Permitted Residential Densities. E. Development Standards. The following development standards shall apply to the PUD: (1) The setback, lot size, lot dimensions, lot coverage and height, in the Planned Unit Development shall be established for each individual project by the Planning Commission. In establishing these requirements the Planning Commission shall consider such factors as the proposed development intensity and the existing character of the neighborhood. (2) Land Coverage. Maximum land area that may be built over by parking lots, roads, sidewalks, or plazas, buildings, or other structures: 60% of the gross land area of the PUD. (3) Open Space requirements. (a) Common open space shall be used for social, recreational, and/or natural environment preservation purposes. [1] The uses authorized must be appropriate to the character of the common open space, including topography, size, and vegetation; as well as to the character of development, including its size and density, the characteristics of the expected population, and the number and type of dwellings to be provided. [2] The common open space shall be provided in the form of internal open space and peripheral open space. (b) Common open space shall not include: [1] The land area of lots allocated for, single family dwellings, and two family dwellings, front, side and rear setback requirements, whether or not the dwellings are sold or rented. [2] The land area of lots allocated for multifamily dwelling construction, including front, side and rear setback requirements, interior yards, and off-street parking facilities whether or not the dwellings are sold or rented. [3] The land area of lots allocated for commercial use, including front, side and rear setback requirements, and parking facilities. [4] The land area of lots allocated for public and semi-public uses, community clubs and community facilities and front, side and rear setback requirements, and other open space around the buildings; and parking facilities. [5] Street rights-of-way, parkways, driveways, off street parking, and service areas, except the landscaped central median of boulevards. (c) Internal open space shall contain a minimum area of twenty thousand (20,000) square feet designed as village commons, town squares, or community parks that provide active gathering places for residents of the 73
(d) (e) development. Peripheral open space shall be required 100 feet in width surrounding a PUD where conditions exist adjacent to the tracts as specified below: [1] where the tract abuts any roadway listed as an arterial or highway. [2] where the tract abuts an existing tract of agricultural land, open space, public parkland or an undeveloped tract. Open Space Area. The minimum open space area requirement in a PUD shall be a percentage of the gross site area as follows: [1] R-8: 15 % [2] R-15: 25 % [3] R-20: 30 % [4] TT: 20 % Section 225-50 Planned Development Districts (PDD). A. Purpose. It is in the best interest of the County that a wide range of residential, commercial, and industrial development be encouraged to meet the needs of the County and to accomplish sound physical and economic planning. Planned Development Districts, (PDD), encouraging the best possible design of buildings and site planning under a comprehensive plan of development provide for more efficient use of land and the provision of public services. Planned developments provide opportunities for alternative densities, lot sizes and other bulk regulations and often necessitate the special design and development of public streets and utilities. It is in the best interest of the County, therefore, that these planned developments be approved by the County Council in accordance with specific plans to assure that the community will benefit from the proposed development with a minimum impact on existing development. B. Submission of applications and plans. Applications for a PDD, including all plans, shall be made to the Planning Director for review and recommendation by the Planning Commission and approval by the County Council. Plans required for each step in the review process shall be submitted to the same office for distribution to appropriate agencies for review. C. Preapplication conference. (1) Before submitting an application, the applicant may meet with the Directors of Public Works and Planning and Zoning for a preapplication conference to provide the developer with information concerning the requirements of this Section, County policies and other related regulations and to review the general concept of the proposed development, before submission to the Planning Commission. (2) 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. 74
D. Submission of Concept Development Plan. (1) An applicant may submit for provisional approval by the Planning Commission a Concept Development Plan as an optional step in the application process for the purpose of obtaining assurance that the project is acceptable in principle before significant expense is incurred by the developer. E. Contents of Concept Development Plan. If a Concept Development Plan is prepared, it shall include maps, drawn to approximate scale, and written statements described in this section. The information shall address enough of the area surrounding the proposed development to demonstrate its relationship to both existing and permissible adjoining uses. (1) The maps, which are part of the Concept Plan, shall be drawn to approximate scale and shall contain the following information when appropriate for the development proposed by the applicant: (a) (b) (c) A general outline of the property, drawn to approximate scale, showing the boundaries of the area to be included in the PDD and all existing and proposed easements on the site. A plan showing the proposed development concept in its entirety, including the approximate location and area of the following: [1] The existing general topographic character of the land and natural features of the area; [2] Existing and proposed land use or development areas and the amount of area devoted to each use; [3] The approximate density, type and style of all proposed buildings and proposed building areas or lots; [4] The approximate location of existing and proposed streets and/or thoroughfares; [5] The approximate location and type of public uses, including schools, parks, playgrounds and other public open spaces; [6] The approximate location of common open space and developed open space and proposed facilities in the developed open space suitable for the anticipated occupants of the development. A general landscaping concept plan showing areas to be retained in natural growth and areas of supplemental plantings. 75
(2) The application shall include written statements, which are a part of the Concept Development Plan, which shall contain the following information, as appropriate for the type of development and the PDD: (a) (b) (c) An explanation of the character and types of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the proposed PDD; A statement of proposed financing of the project and costs; A statement of ownership of all the land within the proposed development; (d) A general indication of the expected schedule of development; (e) A statement indicating the impact of the proposal on the surrounding area, including existing and future development. F. Approval of Concept Development Plan. (1) After review and approval by the Planning Commission, the applicant may request provisional approval by the County Council of the development concept shown on the Concept Development Plan to ascertain if the proposal is generally acceptable and if proposed modifications to County development standards or policies are generally acceptable to the Council. (2) Provisional approval of the Concept Development Plan by either the Planning Commission or the County Council shall constitute only concept approval and shall not indicate prior acceptance of any future Preliminary Development Plan. G. Submission of Preliminary Development Plan. An application for a PDD with all documents required for a Preliminary Development Plan, shall be submitted to the Planning Commission for review and approval and recommendation to the County Council. Once an application has been received by the Planning Director: (1) A Public Hearing shall be held by the Planning Commission on all Preliminary Development Plans prior to any recommendation being referred to County Council. (2) If a Concept Development Plan has been submitted and given provisional approval, the applicant shall file the Preliminary Development Plan within twelve (12) months of approval. The Planning Commission may extend this period for filing for an additional twelve (12) months. H. Contents of Preliminary Development Plan. A Preliminary Development Plan for the entire district shall be prepared to show all components of the proposed development and shall include the following information, where applicable, for the type of development proposed in addition to the information required by the development standards for the PDD being requested. The Preliminary Development Plan shall include: 76
(1) A property survey of the site, prepared by a registered surveyor or engineer, showing the exact boundaries of the area to be included in the PDD. The survey shall include the location of all existing and proposed easements on the site; (2) A Site Plan, drawn to scale, on sheets twenty-four (24) by thirty-six (36) inches, showing the proposed development concept for the entire PDD after completion, including the approximate location of buildings or building areas and other improvements; existing and proposed streets; common and developed open space areas, including areas to be left in a natural state; any improvements proposed in the landscaped or developed open spaces; proposed stormwater management areas; the one hundred-year floodplain line, if applicable; and the Chesapeake Bay Critical Area boundary line, if applicable; (3) A development standards plan prepared as either a separate plan or plans, which shall: (a) (b) (c) Identify all land uses, bulk and dimensional standards for each type of development including accessory uses and structures proposed, building areas or envelopes, as may be related to the entire development and to each section or phase of the development, Show the location of the proposed rights-of-way for street systems, sewer and water rights-of-way, stormwater management areas, lot, partition or subdivision lines or other divisions of the site for management use or allocation purposes and any other proposed easements or dedications for public or private access or services, Show all locations and areas proposed to be conveyed, dedicated or reserved for perimeter setbacks and screening or landscaping; common ownership or use; public use; and, where applicable, shall also include environmental, open space and slope easements; critical area buffers; developed recreation areas; parks; playgrounds; school sites; public service buildings and other public or semipublic uses or facilities; (4) A preliminary subdivision plat for the entire PDD in accordance with County subdivision regulations and any applicable development standards and other requirements; (5) Elevation and perspective drawings of each type of proposed structure if required by the Planning Commission or the County Council; (6) Agreements, provisions or covenants governing the use, maintenance and continued protection of common and developed open space areas and any covenants pertaining to development of individual lots or parcels to be developed at a future date; (7) A landscaping plan for the entire district generally consistent with the provisions of this Chapter, and the specific landscaping or screening requirements for the PDD proposed, showing natural areas to be 77
retained, the location and type of plantings, as well as areas to be sown with grass, including the perimeter, common areas and other areas of supplemental plantings. (a) (b) Where individual lots or parcels are to be developed and approved at a later date, landscaping guidelines or covenants shall be approved for such lots or parcels as part of the landscaping plan for the entire district, Perimeter screening required by the development standards for the district or in sensitive areas as imposed by the Planning Commission or County Council shall be shown on the landscaping plan for the entire district; (8) A development schedule for the PDD indicating: (a) (b) (c) (d) (e) The approximate date when construction of the project is expected to begin, The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin, The anticipated rate of development, The approximate dates when each stage in the development will be completed, The area, location and degree of development of common open space that will be provided at each stage; (9) A Preliminary Construction Improvements Plan approved by the Director of Public Works; (10) The application for a Preliminary Development Plan shall also contain a written statement generally describing the proposal, including enough information on the area surrounding the proposed development to show the relationship of the planned development to adjacent uses, both existing and permissible. The written statement shall also include: (a) (b) (c) An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the specific regulations pertaining to the type of development proposed, A statement of proposed financing of the project and the required public improvements necessary to serve the project, A statement of ownership of all land within the proposed development at the time of submission; (11) Statement of Responsibility. The applicant shall submit a written statement agreeing to enter into a legal agreement with the County to develop the PDD as approved by the County Council. In the event the PDD or any portion thereof is not developed solely by the applicant, a new statement outlining the responsibility of each party involved in development of the PDD or any portion thereof shall be submitted to the 78
Planning Commission for review and recommendation to the County Council for approval; (12) If the Planning Commission or County Council finds that the development may create special problems of traffic, parking, or economic feasibility, the following plans may be required: (a) (b) (c) (d) An off-street parking and unloading plan, A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the development, as well as to and from thoroughfares, A plan showing any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern, An economic feasibility report or market study. I. Approval of Preliminary Development Plan. (1) The Planning Director shall refer the recommendations of the Planning Commission to the County Council, and the Council shall schedule a Public Hearing, give notice and provide an opportunity for all interested parties to be heard. (2) In approving a change in the zoning classification for a PDD, the County Council, as a part of its official action, and the Planning Commission, as a part of its review, shall: (a) (b) (c) Determine its compliance with the intent of the PDDs proposed; Determine if the PDD meets the stated purposes of the district being proposed; Make findings of fact, which, as a minimum, shall include: [1] Population change, [2] Availability of public facilities, [3] Present and future transportation patterns, [4] Compatibility with existing and proposed development for the area [5] The County Council shall consider the recommendation of the Planning Commission, [6] The relationship of such proposed amendment to the jurisdiction's comprehensive plan. (3) After considering all plans and evidence presented, the County Council shall then approve, disapprove or reapprove the establishment of the PDD as shown on the Preliminary Development Plan and may designate the plan or plans to be recorded in the Land Records of Wicomico County. 79
(4) Once the Preliminary Development Plan has been approved, the district shall be designated on the Official Zoning Map. (5) The Council may establish additional development controls by separate ordinance or require said controls to be established as a part of the Final Development Plan approval. (6) An applicant may submit an amendment to an approved Preliminary Development Plan which shall be considered in the same manner as the original application. J. Final Development Plan. (1) Once a Preliminary Development Plan has been submitted and approved by the County Council, a Final Development Plan may be submitted to the Planning Commission in stages. (2) Within twelve (12) months following approval of the Preliminary Development Plan by the County Council, the applicant shall file a Final Development Plan with the Planning Director containing, in final format the information required in the Preliminary Development Plan. In its discretion, for good cause, including the phasing of development, the Planning Commission may extend the period for filing of the Final Development Plan. (3) An application for a Final Development Plan for the entire district or a phase of the district shall include three copies of the following, with all final plans drawn to scale on sheets twenty-four (24) by thirty-six (36) inches in size: (a) (b) (c) (d) (e) A Final Comprehensive Site Plan showing the details of the PDD as approved by the County Council during the establishment of the district, which shall include all information required on the Site Plan as a part of the Preliminary Development Plan approval. Any phases submitted for final approval shall be clearly identified on the site plan; The development standards plan approved by the County Council at the time the district was established with any phase submitted for final approval clearly defined thereon; A final subdivision plat for the entire PDD or phase thereof in accordance with the County's subdivision regulations and all approved development standards and other requirements for the district; A landscaping plan for the entire district or any phase thereof in accordance with the provisions of this Chapter, showing all natural areas to be retained, the location and type of species of plantings, as well as areas to be sown with grass, including perimeter landscaping, common area landscaping and any other area of supplemental plantings; A final copy of any proposed homeowners' association document or a final copy of any other legal instrument 80
(f) required by the Planning Commission or County Council for the management or control of facilities within the PDD or any legal agreements thereto; Any other information which may have been required by the Planning Commission or County Council during the approval of the establishment of the district. (4) The Final Development Plan shall be conditioned upon approval of a Final Subdivision Plat for the entire district in accordance with the requirements of the County's subdivision regulations and any requirements established by the Planning Commission or County Council during the approval of the Preliminary Development Plan. (5) An applicant may submit an application for amendment of the Final Development Plan which shall be considered in the same manner as an original application. (6) No building permit shall be issued until a final subdivision plat has been approved and recorded with any required covenants where applicable for either the entire district or any section or phase thereof. (7) A Final Construction Improvements Plan approved by the Director of Public Works. K. Control of development during construction, after final plan approval or after completion. The Final Development Plan shall continue to control the planned development during construction and after it is completed. The following shall apply: (1) After the building permit has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned development, where approved as part of the plan, shall be governed by the approved Final Development Plan. (2) No change shall be made in the development contrary to the approved Final Development Plan without approval of an amendment to the plan, except that minor modifications of approved buildings or structures or minor lot line adjustments may be authorized by the Planning Commission if they are consistent with the purposes and intent of the final plan and do not increase the number of units or structures or change other specific development standards approved by the County Council as a part of the Preliminary Development Plan. (3) An amendment to a completed development may be approved if it is required for the continued success of the development, if it is appropriate because of changes in conditions that have occurred since the Final Development Plan was approved or because there have been changes in the development policy of the community as reflected by related land use regulations. (4) No modification or amendment to a completed development is to be considered as a waiver of the original covenants limiting the use of the land, buildings, structures and improvements within the area of the 81
development, and all rights to enforce these covenants against any change are expressly reserved unless approved by the County Council. ARTICLE V DEVELOPMENT OPTIONS Part I Cluster Development Options Section 225-51. Cluster Developments - General Requirements. A. Purpose. The purpose of this section is: (1) To encourage innovative and creative cluster design of residential developments. (2) To encourage more efficient use of land and services in order to reduce construction and maintenance costs, reflect changes in technology in land development and minimize the operating costs of service delivery and utility systems. (3) To preserve agriculture lands and enhance the rural atmosphere and visual character in the County. B. Types of Cluster Developments. The types of cluster developments that may be approved are as follows: (1) A-1 Cluster Development (2) Residential Cluster Development C. Review of proposed cluster development. The subdivider shall submit a plan consistent with the provisions of Chapter 200, entitled Subdivision of Land, for a cluster development to the Planning Director for review and comment and to the Planning Commission for its review and final action as follows: (1) The application for a cluster development shall include a plan, which shows the uses proposed for the entire development. (2) The application for a cluster development must be accompanied by a proposed method for addressing sewage treatment. All such systems must first be: (a) (b) Reviewed by the Wicomico County Health Department, and The type of system actually used on the site shall be as approved by the Health Department. (3) In the event that any relief from the terms of this Chapter is required to accommodate the special needs of the cluster development, the Planning Commission may by special exception grant such relief. Section 225-52. A-1 Cluster Development. A. Where Applicable. Cluster Development may be permitted in the A-1 Agriculture-Rural District, for residential cluster purposes, subject to the standards contained in subsection (F) hereof, entitled Development Standards. B. Applicability and Minimum Land Area Requirements. A proposed A-1 Cluster Development shall be eligible for consideration under the provisions of this section only if the following requirements are met: 82
(1) The applicant shall have legal or equitable title to the property or shall otherwise have a legally documented financial interest in the real property which is the subject of the application. (2) The proposed development shall contain the necessary contiguous acres that may be divided by a road or stream wholly located with the A-1 Agriculture-Rural District. C. Permitted Density. The following rules apply in A-1 Cluster Development: (1) The maximum density permitted shall be as established in the Schedule of Maximum Permitted Residential Densities. D. The minimum open space area required in an A-1 Cluster development shall be fifty percent (50%) of the gross site area. E. Cluster Requirements (1) To the greatest extent possible cluster open space shall include: (a) Streams and stream buffers; (b) Known habitats of threatened and endangered species; (c) The most productive agriculture land; (d) Steep slopes; (e) Nontidal wetlands and their buffers; and (f) Riparian forest buffers (measured fifty (50) feet from streams and watercourses). (2) Required open space may be retained by the landowner or sold. Agriculture and/or forestry uses may continue on the open space. (3) Cluster open space shall be protected by legal arrangements satisfactory to the County Attorney or its designee to assure maintenance and preservation of open space for its intended purposes. F. Development Standards. (1) The setback requirements shall be as stated in Article VII. (2) Vegetated buffer - 50 feet between development areas and any adjacent agriculture use or activity. (3) All lots shall front and have access on an interior street system. Section 225-53. Residential Cluster Development. A. Where Applicable. The Residential Cluster Development may be permitted in the R-8, R- 15, R-20 and R-30 Residential Districts and TT Town Transition District subject to the standards contained in subsection (B). B. Development Standards. The following development standards shall apply to Residential Cluster Developments: (1) The maximum number of lots or units allowed on the site shall be as established in Section 225-75, Schedule of Maximum Permitted Residential Densities. (2) The proposed site of the cluster development shall contain a contiguous land 83
area that may be divided by a road or stream. (3) Peripheral open space setback areas shall be established for the entire site. Peripheral open space shall be required surrounding a residential cluster development where conditions exist adjacent to the tracts as specified below: (a) A peripheral open space area of a minimum width of: [1] 100 feet - where the tract abuts any roadway classified by the State Highway Administration as an arterial highway; [2] 50 feet - where the tract abuts any other public road and where the tract is adjacent to existing developed land; or [3] 35 feet - where the tract is adjacent to an existing tract of agricultural land, open space, public parkland or an undeveloped tract. (b) Peripheral open space areas may be used for agricultural purposes, including woodlands, with the approval of the Planning Commission. Peripheral open space areas used for agricultural purposes shall: [1] Be located 400 feet in width from the boundary of the developed area to the property line of the tract; and [2] Provide for appropriate buffering adjacent to the developed area of the property. (c) Unless peripheral open space areas abut an arterial highway and the highway contains existing mature trees and vegetation, such areas shall be densely planted with a mixture of indigenous tree species to achieve a year round visually solid screen provided no trees are planted so near an intersection as to cause a sight distance problem within five (5) years. (4) Once all perimeter setbacks/peripheral open spaces have been provided, individual lot area, width requirements and other bulk regulations shall be approved by the Planning Commission. (5) Cluster Open Space. The open space area required in a residential cluster development shall be a percentage of the gross site area as follows: (a) R-8: 15% (b) R-15: 25% (c) R-20 and R-30: 30% (d) TT: 20% (6) Clustering requirements. (a) (b) Cluster open space shall be used for social, recreational, and/or natural environment preservation purposes. [1] The uses authorized must be appropriate to the character of the cluster open space, including topography, size, and vegetation; as well as to the character of development, including its size and density, the characteristics of the expected population, and the number and type of dwellings to be provided. [2] The cluster open space shall be provided in the form of internal open space and peripheral open space as provided in subsection (B)(3) above. To the greatest extent possible, cluster open space shall include all environmentally sensitive areas, including areas with slopes greater than twenty five percent (25%), 100-year floodplains, wetlands, areas of seasonally high water, and other such environmentally sensitive areas as may be determined by the Planning Commission. To this end, up to seventy percent (70%) of the required cluster open space may include these areas, if the cluster open space includes a hiker/equestrian trail 84
(c) (d) (e) (f) (g) system or other passive recreation area approved by the Planning Commission. Internal open spaces shall be landscaped and designed as village commons, town squares, or neighborhood parks. Cluster open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, woodlands, specimen trees, and other areas of mature vegetation worthy of preservation may be left unimproved and in a natural state. Existing man-made features, such as farmsteads and historic sites, may be preserved by incorporating them within cluster open space. Cluster open space may include permitted agriculture uses. [1] Use of agricultural lands to meet open space requirements shall be encouraged when the site contains few significant natural features. [2] Where the minimum residential lot size in the development is forty thousand (40,000) square feet or greater, the required open space may be retained in agricultural use. [3] The open space agricultural use may be divided into parcels of fifteen (15) acres or more with one (1) dwelling unit located on each parcel. [4] Dwellings so located within the required open space will count in calculating the overall density of the cluster subdivision. The buildings, structures, and improvements permitted in the cluster open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the cluster open space with regard to its topography and unimproved condition. Cluster open space shall be protected by legal arrangements satisfactory to the County Attorney or its designee to assure maintenance and preservation of open space for its intended purposes. Part II Planned Developments Section 225-54. General Requirements for Planned Developments. A. Provisions of this Part, when found to be in conflict with other provisions of this Chapter or Chapter 200, shall control. B. Zoning authorization, building permits (1) Compliance with Development Plan or standards. (a) Each individual use that locates in an approved planned development shall be reviewed by the Zoning Administrator to assure conformance with an approved comprehensive development and any standards established for the planned development. (b) If the use conforms in all respects to the approved Development Plan for the site and the planned development, a zoning authorization and building permit may be issued. (2) Noncompliance with Development Plan. No zoning authorization nor building permit shall be issued for a use which does not comply with an approved Development Plan or standards unless specifically approved by the Planning Commission. 85
Section 225-55. Planned Village Conservation Development (PVCD). A. Purpose. New development in the vicinity of the existing villages should be based on good site planning practices, including the careful consideration of existing land-use characteristics, natural features and local architecture in planning and designing new development, structures, circulation systems and landscaping. New development permitted under the terms of the Planned Village Conservation District should result in the following: (1) A distinct physical settlement surrounded by a protected greenway used for agricultural, forestry, recreational, and environmental protection purposes. (2) Settlements of modest size and scale that accommodate and promote pedestrian travel rather than motor vehicle trips. (3) Residentially scaled buildings fronting on, and generally aligned with, streets. (4) Traditional village building and site development patterns with an interconnected pattern of streets, alleys, and blocks, providing for a balanced mix of pedestrians and automobiles. (5) A functionally diverse, but visually unified, community focused on a central square. (6) Neighborhood greens, landscaped streets, and boulevards woven into street and block patterns to provide space for social activity, parks, and visual enjoyment. (7) Spaces for buildings for civic or religious assembly or for other common or institutional purposes that act as visual landmarks and symbols of identity. (8) Spaces for dwellings, shops, and workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community. (9) Preserved open space, scenic vistas, agricultural lands, and natural areas. (10) Villages are intended to provide for a range of complementary uses and may contain a Village Residential Area and a Village Core Area. These areas are intended to provide for the diversity necessary for traditional village life, while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other. (11) Village Residential areas are characterized by a range of housing types, including single-family and may also include accessory apartment(s). These areas include: (a) Permanently protected open spaces, including greens and commons and (b) may also include greenway areas and Private properties used for agricultural purposes at the edges of the village. (12) The Village Core area is typically located at the center of one or more neighborhoods or may be located so as to function as an extension of an existing village core area. (a) (b) The Village Core may contain a mixture of residential, commercial, institutional or employment uses. Permitted commercial uses are primarily intended to meet the retail and service needs of the surrounding community. B. Where Permitted. A Planned Village Conservation Development (PVCD) is permitted in a Village Conservation District (V-C) subject to an approved Development Plan. 86
C. Permitted and Special Exception Uses. Uses allowed in the PVCD shall be the same as that in the Village Conservation District, subject to the same approval process as required in the Table of Permitted Uses contained in Section 225-67. D. Density. The number of dwelling units permitted shall as provided in the Section 225-75, Table of Maximum Permitted Residential Densities. When commercial uses are combined with residential uses, the density calculation for the residential units shall be unaffected by the inclusion of commercial uses. E. Minimum Land Area: The proposed site for a PVCD shall contain a minimum site of 5 acres. F. Bulk Regulations. (1) The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the Planned Village Conservation Development shall be established for each individual project by the Planning Commission. In establishing these requirements the Planning Commission shall consider such factors as the proposed intensity of the project and the existing character of the neighborhood. (2) When residential and commercial uses are combined on one (1) lot, the minimum lot size shall be determined by considering: (a) the land area needed for the commercial structure; (b) Off-street parking area, ingress/egress; (c) Any on-site infrastructure that is required (such as stormwater management areas); and (d) setbacks and landscaped buffers. (3) Setback requirements. The following setback requirements shall generally apply unless modified as provided in Paragraph F(1): (a) For commercial uses, including residential and commercial uses combined on one (1) lot: [1] Front Yard: 15 feet from the front property line, [2] Side Yard: 10 feet [3] Rear Yard: 25 feet (b) Where structures exist on properties immediately abutting the lot on which a new structure is proposed, the required front setback requirements of the new structure shall be no less than that of the average of the existing structure(s). (4) Maximum Height: Structures, including residential uses and structures combining both residential and commercial uses, shall not exceed the lesser of: (a) Height: 35 feet; or (b) Stories: 2 ½. G. Minimum Required Open Space (1) Open space: 25% of the gross site area. (2) A portion of the required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above. H. Evaluation criteria. Planning Commission shall consider the following criteria when 87
reviewing an application for a Planned Village Conservation Development project: (1) Preservation and maintenance of existing treelines, woodlands (especially those in excess of five (5) acres in area or including mature trees), and fields, and preservation or creation of sufficient buffer areas to minimize conflicts between residential and other uses. (2) Preservation of existing vistas, particularly as seen from public roadways, buffering of development within view of public roads with landscaping screens, maintained if existing, or created if none exist, and provision of adequate buffering on the periphery of the property. (3) Design of open space areas to recognize natural features and maintain the character of the area. (4) Design of roads to provide for appropriate traffic management, subject to the provisions of the Subdivision Regulations. (5) Preservation of sites of historic, archaeological, or cultural value, and their environs, to safeguard the character of the feature. (6) Provision of active recreational areas in suitable locations offering convenient access by residents, and with adequate separation and screening from nearby dwellings. (7) Inclusion of a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the open space, and to commercial areas. All roadside paths should connect with off-road paths, which should link with open space. (8) Provision of open space that is reasonably contiguous, integrated and not fragmented. The open space should generally abut existing open space land on abutting parcels, and should be designed as part of any existing or proposed larger contiguous and integrated Greenway systems. Section 225-56. Planned Business Centers (PBC). A. Purpose. A PBC shall be for the purpose of providing an alternative development scheme for the location and situation of uses permitted in the district and to encourage the clustering of light business uses in accordance with a predetermined subdivision and/or development design to ensure more efficient use of land and to reduce the cost of providing utilities. B. Where Permitted. A PBC may be permitted in accordance with an approved Development Plan in the: (1) C-1 Select Commercial; (2) C-2 General Commercial; (3) C-3 Regional Commercial; and (4) LB-1 Light Business and Institutional. C. Permitted Uses. All uses permitted in the LB-1 Light Business and Institutional District shall be permitted in a PBC. D. Development Standards: (1) A PBC shall be located on a minimum site of three (3) contiguous acres. (2) If lots are to be sold in a PBC, the minimum lot area shall be ten thousand (10,000) square feet. 88
(3) A PBC shall be developed in accordance with a Development Plan which shall contain all development standards listed herein including the following: (a) A subdivision plat showing all lots in the proposed development, proposed curbs, gutters, sidewalks, shared facilities, landscaping, etc. (b) A building envelope, formed by the building setback lines of a lot, within which buildings must be located, as determined by minimum setback requirements contained in this section for PBC. (c) Evidence of covenants and restrictions relating to shared facilities and maintenance and responsibility for same. (4) Minimum setback requirements for PBC: (a) Front yard: [1] The greater of: [a] 40 feet from the property line; or [b] 65 feet from the center line of the roadway [2] Adjacent to a residential district, front setback requirements shall be the greater of: [a] 50 feet from the property line; or [b] 75 feet from the center line of the road. (b) Rear yard: [1] 25 feet from the property line, [2] Adjacent to a residential district: 40 feet from the property line. (c) Side yard: [1] One (1) side yard: [a] 10 feet and [b] Abutting a residential district: 20 feet on a side adjacent to a residential district. [2] The remaining side yard(s) shall meet the total side yard requirements of the underlying district as required in the Schedule of District Regulations in 225-74. (d) Corner lots: A side yard facing a public street shall be the same as a front yard. (5) Parking requirements. Off-street parking and loading and unloading space shall be provided in accordance with the provisions of Article X. Section 225-57. Planned Industrial Park (PIP). A. Purpose. The purpose of this district is to provide for the establishment of industrial sites for a variety of industries and related activities within an exclusive industrial areas cohesively designed. The district permits a broad range of uses in order to secure economic opportunities for present and future residents of the County. Regulations and standards are intended to ensure that industrial uses present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment. B. A PIP may be permitted as a Special Exception with the approval of the Planning Commission on sites with a minimum of fifteen (15) contiguous acres. 89
C. Where Permitted. The Planning Commission may permit a PIP with a Development Plan in the: (1) I-1 Light Industrial; and (2) I-2 Heavy Industrial districts. D. Permitted Uses. Any uses permitted inherently or by special exception as contained in the I-1 and I-2 as may be enumerated in Section 225-67, Table of Permitted Uses and in Article VIII, Special Standards for Particular Uses. E. Development Standards (1) General Standards. The site shall be designed so that: (a) The location provides access to one (1) or more suitable roads, and clearly demonstrates suitability for intended uses insofar as physical characteristics and relationship to adjacent development are concerned; (b) An overall street system shall be provided with adequate widths, grades, drainage and paving to serve the industrial park; (c) Overall systems for sewer, water and drainage shall be provided to adequately serve the proposed industrial uses; (d) Provisions shall be made in the area for docking facilities if abutting navigable waters and for the extension of rails to those facilities; (e) A maximum flexibility can be maintained in providing sites of various sizes, shapes and locations for the industries that may desire to locate here; and (f) It will lend itself to an orderly series or stages of development, to ensure that access and utilities can be provided to each site at a minimum of expense and effort. (2) The type of industrial activity to be conducted in this area shall be such that no noxious or offensive odors, dust, fumes, smoke or noise shall exist at a point beyond the confined area of that particular plant. (3) Outdoor storage. All outdoor material or supply storage areas shall be screened with materials, as required by the Planning Commission. (4) Front setback requirement limitations. No outside storage of materials or supply storage yards shall be permitted within the front setback requirement on each site. F. Lot area requirement: 25,000 square feet. G. Setback requirements. (1) All buildings on lots adjacent to other districts or other industrial parks: 100 feet from the abutting property line or road. (2) This setback area shall be attractively landscaped and maintained and may include a buffer of trees or shrubs and/or parking, as specified in the approved industrial park Development Plan. (3) All other yard requirements and setbacks for buildings in the interior of an industrial park shall be in accordance with the approved Development Plan. H. Parking requirements. Off-street parking and loading and unloading space shall be provided for all uses in accordance with the requirements of Article X. 90
Part III Transfer of Development Rights Section 225-58. Transfer of Development Rights (TDR). A. Purpose. The purpose of this article is to encourage the protection of farmland and farming resources by allowing the transfer of development potential from a site in an agricultural area having a resource deserving protection to one in a receiving district. The transfer of development rights will further the community interest by providing long term protection of land in the A-1 Agriculture-Rural District. B. Definitions. As used in this article, the following words shall have the meaning indicated: DEVELOPMENT RIGHT - The right to erect a dwelling unit on property. INSTRUMENT OF TRANSFER - An instrument, in the form required by this chapter, by which one or more development rights are transferred. ORIGINAL INSTRUMENT OF TRANSFER - An instrument of transfer by which development rights are initially transferred from a sending parcel by the original transferor. ORIGINAL TRANSFEROR - (1) A transferor who is the owner of the sending parcel from which the rights are transferred and; (2) All persons who have any mortgage, deed of trust or other lien or encumbrance on the transferor parcel. RECEIVING PARCEL - A parcel that is eligible to receive rights from a sending parcel. TRANSFER - A transfer of development rights from a sending parcel to a receiving parcel by an instrument of transfer. Transfer includes a subsequent transfer to or among transferees. TRANSFEREE - A person to whom development rights are transferred; and all persons who have any lien, security of interest, or other interest with respect to development rights held by a transferee. TRANSFEROR - A person who transfers development rights; and all persons who have any lien, security of interest, or other interest with respect to development rights held by a transferor. SENDING PARCEL - A parcel of land located in a Wicomico County Agricultural Land Preservation District or a Maryland Agricultural Land Preservation District, within Wicomico County, and for which no easement has been sold and from which development rights are transferred. C. Sending areas and allocations (1) Sending areas. Sending areas are all those properties located in a Wicomico County Agricultural Land Preservation District or a Maryland Agricultural Land 91
Preservation District within Wicomico County, for which no easement has been sold. Every parcel of land located in a sending area shall have a specific number of transferable development rights based on the allocation standards set forth in this section. These development rights may be used to obtain approval for development on lands located in a receiving area, as identified below in paragraph H(1), at a density greater than would otherwise be allowed on those lands. (2) Allocation formula. (a) (b) (c) (d) (e) The number of transferable development rights attached to a particular parcel located in a sending area shall be as follows: [1] One (1) development right per two (2) acres when transferred to designated growth areas as defined below in paragraph H(1)(a) [2] One (1) development right per six (6) acres when transferred to land within an A-1 Agriculture-Rural District, not within a designated growth area, as defined below in paragraph H(1)(b) One (1) development right shall be subtracted for each existing dwelling. No development rights shall be granted on land which is subject to restrictive development regulations, covenants or indentures which preclude the subdivision and/or development of the land. Examples of such restrictions include, but are not limited to, agriculture land preservation programs (MALPF or county program), critical areas, CREP or Rural Legacy easements. The owner of any parcel located in a sending area may apply to the Planning Director for a certificate verifying the number of transferable development rights which are allocated to that parcel. Where application of the allocation formula results in the creation of a fraction of a development right, such fraction (to the nearest tenth) may be sold, conveyed, or transferred to the same extent as a whole development right. D. Transfer of development rights (1) Right to transfer. The owner of any parcel of land located in a sending area may transfer the development rights allocated to that parcel to any person at any time, to the same extent and in the same manner as any other interest in real property is transferred. A development right may be used to increase density on a receiving parcel in accordance with the provisions of this article. (2) Limitations. (a) (b) (c) A development right may not be used in any manner inconsistent with the provisions set forth in this article. A development right may not be used to increase density for receiving parcels located within the critical area beyond the density allowed within the parcel s zoning district. A development right may not be used to increase density for receiving parcels located within the Paleochannel Overlay District, or the eight (8) thousand foot radius area of the Airport Overlay District, beyond the density allowed within the parcel s zoning district. 92
(3) Subsequent transfer. A development right may be transferred to a transferee prior to the time when its use for a specific receiving parcel has been finally approved in accordance with this article. (4) Instruments of transfer. An instrument of transfer shall conform to the requirements of this article. An instrument of transfer shall contain: (a) (b) (c) (d) (e) (f) The names of the transferor and the transferee; A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, personal representatives, successors and assigns a specified number of development rights from the sending parcel; A covenant by which the transferor acknowledges that he has no further use or right of use with respect to the development rights being transferred; A statement of the rights of the transferee prior to final approval of the use of those development rights on a specific receiving parcel, as set forth in paragraph (f), below except when development rights are being transferred to Wicomico County in accordance with this article; A covenant that at the time when any development rights involved in the transfer are finally approved for use on a specific receiving parcel, such rights shall be transferred to the county for no consideration; or in cases when development rights are being transferred to the County Council after such approval, a covenant that the rights are being transferred to the County Council for no consideration. If the instrument is not an instrument of original transfer, a statement shall appear that the transfer is a subsequent transfer of rights derived from a sending parcel described in an original instrument of transfer which original instrument shall be identified by its date, the names of the original transferor and transferee, and the book and page where it is recorded among the land records of Wicomico County. (5) An instrument of transfer, other than an original instrument of transfer, need not contain a metes and bounds description or plat of the sending parcel. An instrument of original transfer, which is required when a development right is initially separated from the subject property, shall also contain: (a) A metes and bounds description of the sending parcel, prepared by a licensed surveyor named in the instrument, or a deed or deeds that describe in detail the acreage contained in said property along with a title certificate for the sending parcel. A metes and bounds survey for certification shall only be required to be submitted by the owner when: [1] The deed/deeds for the property in the designated sending area requesting to have their development rights certified fail to specifically indicate numerically the number of acres contained in the sending parcel; or [2] During the initial title search there is some conflict between said acreage in the deed/deeds and the tax assessor s office and the owner wants to claim the larger of the two figures; or 93
[3] When deemed necessary within the discretion of the Director of the Department of Public Works. (b) (c) (d) (e) A covenant that the entire sending parcel may not be subdivided, unless the subdivision is for agricultural purposes; A covenant by which use of the sending parcel is restricted to, and may be used only for agricultural uses, other than farm dwellings; A covenant that all provisions of the instrument of transfer shall run with and bind the sending parcel and may be enforced by the County Council; and The certificate of the Planning Director required by this section. E. Certificate of development rights (1) Requirement. No transfer shall be recognized under this article unless the original instrument of transfer contains a certificate of development rights issued by the Planning Director indicating that the number of development rights represents the number of development rights applicable to the sending parcel and is recorded in the land records of Wicomico County by the Planning Director. (2) Responsibility. The transferor and the transferee named in an original instrument of transfer shall have sole responsibility to supply all information required by this article; to provide a proper original instrument of transfer; and, to pay, in addition to any other fees required by this chapter, all costs of its recordation among the land records of Wicomico County. (3) Application for certificate. An application for a certificate shall: (a) (b) Contain such information, prescribed by the Planning Director, as may be necessary to: [1] Determine the number of development rights involved in the proposed transfer, and [2] Verify parcel size as a basis for certifying the number of development rights and, at a minimum, requires the information specified in above. Be accompanied by such review fee as may be prescribed by the County Council, in Executive Session. (4) Issuance of certificate. On the basis of the information submitted, the Planning Director shall affix a certificate of his findings to the original instrument of transfer. The certificate shall contain a specific statement of the number of development rights which are derived from the sending parcel. (5) Effect of determination. The determination of the Planning Director shall not be construed to enlarge or otherwise affect in any manner the nature, character and effect of a transfer not otherwise permitted by this chapter. 94
F. Effect of transfer (1) After development rights have been transferred by an original instrument of transfer: (a) (b) (c) The sending parcel from which development rights are transferred shall not be subdivided and shall be used only for agricultural uses, other than farm dwellings, as defined and permitted in this chapter. The sending parcel from which rights are transferred shall not be used in connection with any determination of site area or site capacity of a future development. All development rights which are the subject of the transfer, and the value of such rights, shall be deemed for all other purposes, including assessment and taxation, to be appurtenant to the sending parcel, until such rights have been finally approved for use on a specific receiving parcel and transferred to the County Council. (2) Rights of transferees. Between the time of the transfer of a development right by an original transferor and the time when its use on a specific receiving parcel is final in accordance with the provisions of this article, a transferee has only the right to use the development right to the extent authorized by all applicable provisions of this chapter. (3) No transfer shall be construed to limit or affect the power of the County Council to amend, supplement, or repeal any or all of the provisions of this section or any other provisions of this chapter at any time or to entitle any transferor or transferee to damages or compensation of any kind as the result of any such amendment, supplementation, or repeal. G. Recordation of transfers. After it is properly executed, an instrument of transfer and a title certificate shall be delivered to the Planning Director, who shall deliver it to the Clerk of the Circuit Court for Wicomico County, together with the required fees for recording furnished by the original transferor and transferee. The Planning Director shall immediately notify the original transferor and transferee in writing of such recording. H. Receiving area and use of transferable development rights. (1) Receiving areas for transferable development rights shall be as follows: (a) (b) Those growth areas shown in the Wicomico County Comprehensive Plan on the land use map and designated as town, village, and metro core, Another parcel within the A-1 Agriculture-Rural District (2) A transferable development right in the above designated areas shall only be used when the development conforms to standards established for their use in this chapter. (3) The owner of any property located in a receiving area may use transferable development rights, in addition to that density allowed on the property as a matter of right, to build up to the maximum density of development allowed on 95
the property. Transferable development rights and any fractions thereof, may be aggregated from different parcels and owners for use in securing additional development in a receiving area. (4) Development permitted with use of development rights. Each development right may be used to secure approval from the county for additional development above the number of dwelling units otherwise allowed to be developed on the property at the rate prescribed in C(2)(a)[1]. (5) Development of the property within the receiving area must be in accordance with all standards set forth in this chapter, with the exception of standard lot density limitations of the underlying zone, and Chapter 200, Section 200-13 G, entitled set-aside. (6) Development permitted with use of transferable development rights within the A- 1 Agriculture-Rural District may be of a type and intensity prescribed for Village Conservation (V-C) in the Schedule of District Regulations, Section 225-74. I. Development approval procedure. The request to use transferable development rights on a property shall be in the form of a sketch plat, preliminary subdivision plat, site plan or other application submitted in accordance with the requirements of this code. In addition to any other information required by this chapter, the application shall be accompanied by an affidavit of intent to transfer development rights indicating the number of development rights to be transferred to the property. ARTICLE VI ACCESSORY AND PRINCIPAL USES Part I - Accessory Uses Section 225-59. Accessory Uses and Structures. A. Uses Permitted. Except as otherwise restricted by this chapter, customary accessory structures and uses shall be permitted in any district and development in connection with the principal permitted use within such district and shall be subject to the requirements within this section. B. It is recognized that a permitted [P] use as identified on the Table of Permitted Uses may sometimes constitute an accessory use to another principal use. The Zoning Administrator shall make the determination of which use(s) constitute a principal use and which use(s) constitute an accessory use on a lot. C. General Requirements (1) Unless otherwise provided herein, no accessory structure or building, other than a fence, shall be located in any required front or side setback requirements or within any easement. (2) When an accessory use or structure is attached to a principal use or structure, it then becomes a part of that use or structure and must comply with the setback requirements for the principal structure. (3) An accessory use or structure may not occupy more than thirty-five percent 96
(35%) of the area of a rear yard. (4) A utility trailer or truck body shall not be permitted as an accessory structure. (5) A manufactured home, shipping or storage boxes, or travel trailer shall not be used as a storage structure. (6) No accessory use or structure shall be permitted unless the principal use or structure is previously existing or unless a building permit has been approved for the principal use or structure. (7) Use of a motor vehicle parked on a lot, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted shall not be considered a principal or accessory use. D. Supplemental District Requirements. (1) In Residential Districts accessory residential uses and structures shall include but not be limited to: (a) Private garages, detached home workshops, swimming pools, cabanas, private studios; (b) Greenhouses not larger than 500 square feet; (c) Boathouses, piers and wharfs setback 25 feet from all adjoining lot lines. (2) In a C-2, I-1 and I-2 District - Accessory uses and structures are permitted as follows: (a) A single family dwelling unit consisting of a single or doublewide manufactured home (in no event to include a separate permanent residential dwelling) for the use of a resident watchman or caretaker employed on the premises of any principal use listed herein, except that a fully mobile residence or travel trailer is limited to businesses or uses with outside storage of inventory. (b) Retail sales may be permitted as an accessory use for products produced or distributed by principal uses, provided that additional parking is provided for the amount of space devoted to retail sales as required by Article X. (3) In the LB-2 District - Accessory uses, incidental to and associated with a permitted or special exception use may be permitted as follows: (a) All accessory uses or structures, including but not limited to private garages; detached home workshops; swimming pools; cabanas; greenhouses are not larger than five hundred (500) square feet. (b) All accessory uses or structures, including private studios are set back twenty-five (25) feet from any adjacent lot line. Section 225-60. Accessory Apartments. A. An accessory apartment may be permitted provided that there shall be no more than one (1) accessory apartment permitted per lot and provided such accessory apartment shall comply with the following standards. B. Applicability. An accessory apartment may be permitted as a special exception: (1) On the same lot as a detached single family dwelling unit or two-family dwelling. (2) An accessory apartment is prohibited on a site with a Type II & III Home-Based Business. 97
C. Design Standards. (1) Purpose. Standards for creating accessory apartments address the following purposes: (a) Ensure that accessory apartments are compatible with the desired character and livability of Wicomico County s residential districts; (b) Respect the general building scale and placement of structures to allow sharing of common space on the lot, such as driveways and yards; and (c) Ensure that accessory apartments are smaller in size than the principal dwelling. (2) Generally. The design standards for accessory apartments are stated in this section. If not addressed in this section, the base district development standards apply. (3) Exterior finish materials. The exterior finish material must be the same or visually match in type, size, and placement, the exterior finish materials of the principal dwelling. (4) Roof Pitch. The roof pitch must be compatible with the predominant roof pitch of the principal dwelling. (5) Trim. Trim on the edges of elements on the addition must be the same in type, size and location as the trim used on the rest of the principal dwelling. (6) Windows. Windows must match those in the principal dwelling in proportion (relationship of width to height) and orientation (horizontal or vertical). (7) Eaves. Eaves must project from the building walls the same distance as the eaves on the rest of the principal dwelling. (8) Maximum Size. The size of an accessory apartment may be no more than fifty percent (50%) of the living area of the detached principal dwelling. D. Attached Accessory Apartment Development Standards. All attached accessory apartments should meet the following: (1) An accessory apartment may only be created through the following methods: (a) Converting existing living area, attic, basement or attached garage; (b) Adding floor area; (c) Construction of new principal dwelling with an internal accessory apartment or a new attached dwelling to an existing principal dwelling unit. (2) Location of Entrances. Only one (1) entrance may be located on the facade of the principal dwelling facing the street, unless the dwelling or attached dwelling contained additional entrances before the accessory dwelling unit was created. An exception to this requirement is entrances that do not access from the ground such as entrances from balconies or decks. (3) Parking. See Article X. E. Detached Accessory Apartment Development Standards. Detached accessory apartments must meet the following: (1) Setback Requirements. An accessory apartment must be set back at least: (a) Sixty (60) feet from the front lot line, or 85 feet from center of road whichever is greater; or (b) Behind the single-family dwelling or two-family dwelling: 6 feet. (c) The same side and rear setback requirements as would apply in the 98
applicable district for the dwelling or building to which the accessory apartment is associated shall apply for the accessory apartment as well. (2) Bulk limitations. (a) The detached accessory apartment may not have a larger footprint than the footprint of the principal dwelling; and (b) The combined footprint of all detached accessory structures may not exceed twenty-five (25%) percent of the total site area. Section 225-61. Animals in Residential Districts. It is the intent of this section to minimize problems which may arise from animal uses in residential districts and to provide suitable standards for protection of health, safety, or welfare of residents and preservation of those districts from indiscriminate raising of animals. A. Animal Uses in Residential Districts permitted: (1) Livestock. Horses, cows, ponies, donkeys, burros and other domestic animals may be kept, raised or bred for the use and enjoyment of persons residing on the lot involved, provided that only one such animal shall be permitted for each fifteen thousand (15,000) square feet of land area. (2) Domestic pets. Cats, dogs, rabbits or other generally recognized domestic pets may be kept or bred by persons residing on the lot for their use and enjoyment. (3) Fowl. Ducks, quail, turkeys, squabs or pigeons may be raised for the use of persons residing on the lot involved. (4) Animals, without qualification as to type or number, may be kept, raised, bred and sold on any bona fide farm as defined in this Chapter. (5) These permitted use provisions for animals in residential districts are meant to apply only outside of the dwelling on an individual lot and are not intended to restrict the type or number of animals within a dwelling. B. Uses prohibited: The keeping, raising or breeding of any animals or fowl for sale as a business or commercial activity is expressly prohibited under all circumstances. C. Animal quarters. All enclosures shall be contained entirely within the rear yard of a lot and shall be so constructed as to provide maximum protection against noise and odor to adjacent property. D. Setback Requirements. Animal enclosures shall be located not less than five (5) feet from an abutting rear property line or ten (10) feet from an abutting side property line. Section 225.62. Outside storage. Unless otherwise permitted or required by this Chapter: A. Building materials or supplies, and stockpiles of sand, gravel, stone or other materials, either in a natural or altered state, shall be set back twenty-five (25) feet from all property lines; B. Outside Storage for sales of equipment; machinery; consignment sales; boats; mobile, modular or manufactured homes; utility trailer and any other such items, excluding those parked in a parking lot, as required by this Chapter, shall be set back: 99
(1) Ten (10) feet from all side and rear property lines; and (2) Twenty-five (25) feet from any property line abutting any public accessway, including any non-access highway. C. District Requirements. (1) C-1 Select Commercial and LB-2 Light Business and Residential District. The outside storage of materials and open lot display of any kind shall not be permitted. (2) C-2 General Commercial and C-3 Regional Commercial Districts. The unenclosed outside storage of used equipment, materials, tires or inoperable vehicles shall be prohibited. All storage areas shall be screened from view. Such prohibition shall not apply to the outdoor display of merchandise. D. See Section 225-146 for landscaping of Outside Storage requirements. Section 225-63. Gasoline pump island and canopies A. Gasoline Pumps shall be located in accordance with the following setback requirements: (1) Resource Conservation and Residential Districts: Thirty (30) feet from all property lines. (2) C-3 Regional Commercial Districts: Fifty (50) feet from all property lines. (3) Other Commercial Districts and Light Business and Industrial Districts: Twenty (20) feet from the right-of-way or fifteen (15) feet from the back of the sidewalk. B. Canopies over gasoline pumps shall adhere to the following standards in the corresponding districts: (1) Resource Conservation and Residential Districts: Twenty (20) feet from all property lines. (2) C-3 Regional Commercial Districts: 40 feet from all property lines. (3) Other Commercial Districts: 10 feet from the right-of-way. (4) Light Business and Industrial Districts: 10 feet from the right-of-way. Part II - Principal Uses Section 225-64. More Than One Principal Use on a Lot. A. Every use hereafter erected, reconstructed, converted, moved or substantially altered shall be located on a lot of record and in no case shall there be more than one (1) principal structure on a lot unless as provided in (B) below. B. More than one (1) principal use may be located upon a lot in the following instances subject to the lot, yard and density requirements and other provisions in this chapter: (1) Institutional buildings (2) Public or semi-public facilities (3) Commercial or industrial buildings (4) Wireless Telecommunication Facilities and Antennas 100
(5) Farms/agricultural activities (6) Recreational facility C. More than one (1) principal structure or use may be located upon a lot if not specifically listed in section (B), above, if such use is permitted by special exception. D. Where any land, building or structure is used for more than one (1) purpose, other applicable design and development provisions of this chapter may also be modified by special exception. Section 225-65. Reserved. Section 225-66. Reserved. Section 225-67. Table of Permitted Uses - Designations. A. General Requirements. (1) When no letter appears in the Table, the use/structure is not permitted in that District. (2) The list of permitted uses set forth in the table is all inclusive. All uses that are not listed in the Table of Permitted Uses are prohibited, except as permitted in section 225-67(B), Unclassified Uses, below. (3) Whenever a proposed use could fall within more than one (1) use classification in the Table of Permitted Uses, the Zoning Administrator shall interpret the proposed use to be included in that classification which most closely and most specifically describes the proposed use. B. Unclassified Uses. In the event an applicant wishes to use property for a use which is not specifically identified as a use on the Table of Permitted Uses, the following provisions shall apply: (1) The Zoning Administrator shall submit to the Board of Appeals an application for a determination of the unclassified use. (2) The Board of Appeals shall review the request as submitted and determine whether the proposed use is compatible with the district in which it is proposed. (3) If the Board of Appeals determines that the use is of a similar character and meets the intent of the permitted uses within the district, then it shall instruct the Zoning Administrator to issue a zoning authorization. (4) In the event that the Board of Appeals determines that the proposed use in the district is consistent with the character and intent of the uses permitted by special exception within the district, then the applicant shall be authorized to apply for a special exception in the normal manner. (5) This section shall not apply to the residential districts. (6) Once a use has been allowed by the Board, it shall then be considered classified under the appropriate category in the district. C. The presumption established by this Chapter is that all permitted uses of land in the County are provided for within at least one (1) zoning district. 101
Table of Permitted Uses Part I - Resource Conservation and Residential Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission ZONING DISTRICT USE DESCRIPTION A-1 V-C R-8 R-15 R-20 REC R-30 TT AGRICULTURAL Adaptive Reuse of Agriculture Buildings for Lease Storage SE SE SE Agricultural Equipment Sales SE SE SE Agricultural Operations, Farming (See Section 225-76 ) - Agricultural uses (less than 5 Acres) SE SE SE SE SE SE SE - Agricultural uses (5 Acres to less than 20 acres) P P P P P P P - Agricultural uses (20 acres or more) P P P P P P P Farm Labor Accommodations, Seasonal SE SE Farmers Markets (See Section 225-92) SE SE SE Farm-Related Business (See Section 225-91) SE SE SE Feedlot (See Section 74 for bulk regulations) SE Fisheries P P Forestry P P P P P P P P Game Preserves P Grain mills and feed supply SE Hatchery SE Hunting Camp SE Kennel, Commercial (See Section 225-99) SE SE Livestock Market (See Section 225-101) SE Nursery, Commercial (See Section 225-104) SE SE SE Roadside Stand P P P P P P P P Sand, gravel or clay excavations (see Borrow Pit)(See Section 225-111) SE Sawmill (See Section 225-112) - Less than 6 months P - 6 months or greater SE Stables, Commercial P P Wayside Stand (See Section 225-118) P P SE SE SE SE SE 102
Table of Permitted Uses Part I - Resource Conservation and Residential Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission ZONING DISTRICT USE DESCRIPTION A-1 V-C R-8 R-15 R-20 REC R-30 TT COMMERCIAL SERVICE Barber Shop, Beauty Salon, Nail Salon SE SE Office buildings and offices SE SE Veterinary Clinic SE SE Neighborhood Commercial SE Convenience Mini-Market (with or without fuel) SE Small Contracting Business SE SE SE Studios SE EMERGENCY SERVICES Fire Station/Rescue with assembly hall P P P P P P P P Fire Stations/Rescue without assembly hall P P P P P P P P Rescue squad, ambulance service (Private) SE SE SE SE SE SE SE SE INSTITUTIONAL Cemeteries (See Section 225-83) -Cemeteries not affiliated with a place of religious assembly SE SE SE -Family burial ground SE SE SE Libraries, museums P P P SE P Places of Religious Assembly (See Section 225-105) P P SE SE SE SE SE P Private Clubs SE SE SE SE SE Schools - Nursery SE SE SE SE SE SE SE - of General Instruction (See Section 225-114) SE SE SE SE SE SE SE - of Special Instruction P P P MISCELLANEOUS USE Temporary mobile offices or travel trailers SE SE SE SE PUBLIC AND SEMI-PUBLIC FACILITIES Airport Privately owned and managed (See Section 225-77) SE 103
Table of Permitted Uses Part I - Resource Conservation and Residential Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission ZONING DISTRICT USE DESCRIPTION A-1 V-C R-8 R-15 R-20 REC R-30 TT Transportation - Bus Depot - Including Wicomico Transit P P P P P SE P P - Park and Ride Facilities SE SE - Train station SE SE RECREATION, AMUSEMENT, ENTERTAINMENT Athletic fields SE SE SE SE Campgrounds, Recreational Vehicle Parks (See Section 225-81) SE SE Golf Courses (See Section 225-94) - as part of a residential Subdivision SPC SPC SPC SPC SPC SPC SPC - separate from a residential Subdivision SE SE SE SE SE SE SE Golf Driving Range, not part of a golf course SE Marinas - commercial SPC SPC - recreational SPC SPC Outdoor Community Events P P Privately owned facilities - as part of a residential development SE SE SE SE SE SE SE Privately-owned outdoor recreational facilities not constructed as part of a SE SE SE SE SE SE SE residential development Rifle and pistol range, war games, archery ranges (See Section 225-109) SE RESIDENTIAL Bed and Breakfast SE SE SE SE SE SE SE Country Inn SE SE Day Care (See Section 225-82) - Center SE SE SE SE SE SE - Elderly SE SE SE SE SE SE - Family P P P P P P P 104
Table of Permitted Uses Part I - Resource Conservation and Residential Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission ZONING DISTRICT USE DESCRIPTION A-1 V-C R-8 R-15 R-20 REC R-30 TT Dwellings Single Family Detached P P P P P SE P P Manufactured Home - Double-wide (See Section 225-87) P P SE Manufactured Home - Single-wide (See Section 225-88) SE SE - Modular Home P P P P P SE P P Tenant House (See Section 225-89) P Two-Family SE SE SE SE SPC SPC - Accessory Apartment (See Section 225-60) SE SE SE SE SE SE SE Apartments (See Section 225-78) SPC SPC SPC SPC Townhouse (See Section 225-90) SPC SPC SPC SPC SPC Hardship SE SE SE Emergency Housing P P P P P SE P P Dwelling Unit with a commercial/business/office building in an approved PUD SE SE SE SE Group Homes P P P P P SE P P Group Home, more than eight (8) persons SE SE SE SE SE SE SE SE Group Home, Youth SE SE SE SE SE SE SE SE Guest Rooms P P P P Home-Based Business (See Section 225-97) - Type I Home-Based Business P P P P P SE P P - Type II Home-Based Business SE SE SE SE SE SE SE SE - Type III Home-Based Business SE SE Manufactured Home Park (See Section 225-102) SPC SPC Mobile Office, temporary with an approved construction or development project P P P P P SE P P Rehabilitiative Housing (See Section 225-107) SE SE SE SE UTILITIES Privately owned and operated utility SE SE SE SE SE SE Public Utilities 105
Table of Permitted Uses Part I - Resource Conservation and Residential Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission ZONING DISTRICT USE DESCRIPTION A-1 V-C R-8 R-15 R-20 REC R-30 TT - Public Utilities as defined in Section 225-3 and 225-66 P P P P P P P P - Relay stations, storage stations, electric substations, and overhead electric SE SE SE SE SE SE SE SE power transmission lines of >69,000kv Wireless Telecommunication Facilities (Section 225-119) SE 106
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C C-3 LB-1 LB-2 I-1 I-2 AGRICULTURAL Agriculture equipment sales, service and repair P P P P Agricultural Operations, Farming (See Section 225-76) - Agricultural uses (less than 5 Acres) S P - Agricultural uses (5 acres or more) P P P Farmers Market (See Section 225-92) P P Farm-related Business (See Section 225-91) P P P Fisheries P P Forestry P P P P P P P Grain mills and feed supply P P P Hatcheries, Poultry P Kennel, Commercial (See Section 225-99) P Livestock Market (See Section 225-101) SE Nursery, Commercial (See Section 225-104) P Roadside Stand P P Sand, gravel or clay excavations, including storage, drying and sales (mineral extraction) (See Section 225-111) SE Sawmill and other wood processing facilities, except treatment (See Section 225-112) Wayside Stand (See Section 225-118) P P COMMERCIAL RETAIL AND WHOLESALE Adult Bookstore and/or Adult-oriented Entertainment Establishment SPC Auction Houses P P Building supply or lumberyards P P P Convenience/mini-market with or without fuel sales P P P SPC Mail order house P P P P P 107
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 Manufactured Home sales and service SE Marine supplies, boats or equipment sales, service or repair P P Restaurants SPC P P P SE - Drive-Thru / Fast Food P SPC SE SE Retail Sales (See Section 225-108) P P P SPC P - Freestanding retail department or general merchandising stores >50,000 square feet, not located in a shopping center. P SPC - Specialty food/retail stores P P P P P Self Storage SE P P P Shopping Centers (See Section 225-115) - Community Shopping Center SPC SPC - Neighborhood Shopping Center SPC SPC SPC - Regional Shopping Center SPC SPC Wholesale sales, 10,000 square feet of gross floor area or greater P P Wholesale sales, less than 10,000 square feet of gross floor area P P P P COMMERCIAL SERVICE Bakery, including candy and ice cream P P P Broadcasting, recording, television and communication offices and studios, P P P P P excluding accessory antennas, towers and satellite disks Conference Center SPC SPC SPC Day care as an independent use or day care services for employees and patrons of the permitted use as an accessory use P P P P P Financial institutions P P P P P P Entertainment uses including nightclubs, bars and dance halls, but not P P including adult uses Funeral Home P P P P Health Club P P P Hotel / Motel with 50 rooms or more SPC P P SPC 108
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 Hotel / Motel with less than 50 rooms P P P SPC Office buildings and offices P P P P P P P Service establishments (See Section 225-113) P P P P P Small Contracting Business P P Studios of a photographer, artist and writer, including teaching studios for P P P P P art, crafts, drama, dance and Veterinary Clinic P EMERGENCY SERVICES Fire Station with Assembly Hall P P P P P P P Fire Stations without assembly hall P P P P P P P Rescue squad, ambulance service (Private Companies) P P P P P P P INDUSTRIAL Asphalt Plants SE Assembly of leather goods and products P P Assembly of products from previously processed metals, including bolts, P P nuts, screws, rivets, ornamental iron products, firearms, electrical appliances, tools, pumps, dies, machinery, hardware, wire Assembly and repair of products from previously processed wood, P P including boxes, furniture, cabinets, baskets and other wood products of similar nature Assembly and repair or the manufacture of finished products from P sheet-metal materials, including heating, ventilating, cooking or refrigeration supplies and appliances Assembly of equipment, including medical and dental equipment, drafting P P materials, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus, gas pumps and related products and tools Assembly of Finished Products SE P P 109
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 Assembly of products from previously prepared materials, including fiber P P glass, ceramics, microchips, computer products, glass, plastic, precious or semiprecious stones or metals Assembly of products from textiles, including rugs, mattresses, pillows, P P quilts, millinery, hosiery, clothing, yarn, thread, fabrics and printing and finishing of textiles and fibers into fabric goods Assembly of shipping containers, corrugated board, fiber and wire-bound P P and wood and plastic containers Blacksmith shop, forge or foundries P P Blending or bottling of beverages P P Blending, mixing or bottling of beverages or distilling of grain for fuel P Bulk storage or processing of grain or feeds P P Bulk storage, drying or sales of natural, unadulterated sand, gravel, clay or P stone Coal or wood yards storage or sales P Composting facility, as either a principal or accessory use SE Compounding of and mixing of products from previously processed P P materials, cosmetics, toiletries, drugs and pharmaceutical products Concrete or terra cotta or brick products manufacturing, storage or sales P Contractor's yard P Fertilizer manufacture SE Fertilizer mixing or storage P Food processing facility for either animal, poultry or human consumption, P including on-site storage and distribution Ice factories P Light Industry (See Section 225-100) SE P P Machine shops P Manufacturing P Manufacture of bakery products, candy, dairy products and ice cream P P 110
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 Marina/shipyard, industrial, including the storage or sale or service of boats SPC or marine equipment or supplies Marine, terminal SPC Micro Brewery: - As an accessory use in restaurant SPC P P P SE - As a stand-alone use SE SPC P P Petroleum, propane, chemical or natural gas manufacture, refining or SE storage on five (5) acres or more Photographic processing and blueprinting establishments P P Portable storage containers, as an accessory use P P Power Generating Facilities, Privately Owned SE Printing, publishing or bookbinding P P P Rail yards P Recycling Facility SE SE Research Establishment SPC P P Rubble Landfill SE Sanitary landfill, publicly or privately owned SE - With outside storage SPC SPC SPC - Without outside storage SPC P P Sheet metal stamping P P Shipyard, boat or marine equipment manufacturing SPC Sludge Handling SE Soil Remediation facility SE Stone crusher SE Stone monuments, cutting or polishing P Truck or railroad terminals, including related repair or storage facilities SE SE 111
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 Warehouse (See Section 225-117) - less than 40,000 sq. ft. gfa. P P P P - greater than 40,000 sq. ft. gfa. SPC P P Welding shops, ornamental iron works P P Wood treatment facility for the treatment of wood or wood products with SE chemicals of any type Winery, including incidental sales of wine products produced on-site P P Wood products assembly or manufacture P INSTITUTIONAL Cemeteries not affiliated with Places of Religious Assembly (See Section 225-83) -Lot less than 5 acres SE -Lots 5 acres and greater P Crematorium (See Section 225-84) SE SPC SE Hospitals, sanitariums or sanatoriums (See Section 225-98) SPC SE SPC Libraries, museums, art galleries, meeting rooms P P P Medical facility or clinic for human care P P P P Nursing Care Facility SE SPC SPC Places of Religious Assembly (See Section 225-105) P P P P P P Private Clubs [Service Clubs & Fraternal Organizations] P P P Schools - Nursery SPC SPC SPC - of General Instruction (See Section 225-114) P SPC - of Special Instruction P P SPC MISCELLANEOUS USE Accessory Structures and Uses P P P P P P P Outdoor advertising structure SE SE SE Zoos and Zoological Gardens SE SPC 112
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 MOTOR VEHICLE-RELATED SALES AND SERVICE OPERATIONS Car Wash P Motor Vehicle Rental P P P Motor Vehicle Sales P P Motor Vehicle Service Stations - with or without fuel sales P P P SPC P Parking lot or parking structure P P P P Salvage Yard (See Section 225-110) SE Storage trailer sales or rental facility SE PUBLIC AND SEMI-PUBLIC FACILITIES Transportation - Bus Depot P P P P P P - Park and Ride Facilities P P P P P P - Train station SE SPC SE SE RECREATION, AMUSEMENT, ENTERTAINMENT Amusement Parks SE Automobile and motorcycle racing tracks SE Campgrounds, Recreational Vehicle Parks (See Section 225-81) SE Commercial recreation uses P P P Go Cart, Off-Road Motorcycle, and Off-Road Bicycle Tracks SE Golf Courses (See Section 225-94) SE Golf Driving Range, not part of a golf course SE Golf-Miniature SE Indoor recreation P P P SE SE Indoor rifle and pistol ranges, commercial SPC SE SPC SE Marina - Commercial SPC SPC - Recreational SPC 113
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 Outdoor Community Events P Rifle and pistol range, war games, archery ranges SE Stadium P P Theater indoor P P P - outdoor (See Section 225-109) SE RESIDENTIAL Accessory Apartment SPC SE Bed and breakfast (See Section 225-80) Country Inn P Day Care (See Section 225-82) - Center P P P - Elderly P P P - Family P P P Dwelling Single Family Detached P Manufactured Home Double-wide (See Section 225-87) Two-Family P Apartments and apartment projects (See Section 225-78) P Townhouse (See Section 225-90) P Dwelling Unit with a commercial/business/office building P P P P Group Homes/Youth Group Homes (See Section 225-96) P Guest Rooms (See Section 225-97) P Home Based Business (See Section 225-97) - Type I Home-based business P P - Type II Home-based business SPC SPC - Type III Home-Based Business 114
Table of Permitted Uses Part II Commercial, Institutional, Business and Industrial Districts P = Permitted SE = Special Exception by the Board of Appeals SPC = Special Exception by the Planning Commission Zoning Districts USE DESCRIPTION C-1 C-2 C-3 LB-1 LB-2 I-1 I-2 Manufactured Home Park (See Section 225-102) SPC Mobile Office, temporary in conjunction with an approved construction or P P P P P P development project Rehabilitative Housing (See Section 225-107) P UTILITIES Privately Owned and Operated Utility P P P Public Utility - Public Utility as defined in Section 225-3 and 225-66 P P P P P P P - Relay stations, storage stations, electric substations, and overhead SPC SE SPC SPC SPC SE SE electric power transmission lines of >69,000kv Wireless Telecommunication Facilities (See Section 225-119) SE SE 115
Section 225-68. Residential Density. ARTICLE VII DENSITY AND DIMENSIONAL REGULATIONS A. Every lot created after the effective date of this Chapter shall have the minimum number of square feet of land area as required by the Schedule of District Regulations (Section 225-74) or by the Wicomico County Health Department, whichever is greater. B. The maximum single-family residential density permitted on a tract of land shall be as set forth in the Schedule of Maximum Permitted Residential Densities (Section 225-75). In determining the number of dwelling units permitted on a tract of land, fractions shall be rounded to the nearest whole number. Section 225-69. Minimum Lot Widths and Frontage. A. The Schedule of District Regulations (Section 225-74) indicates minimum lot widths and depths that are required. B. All lots on a cul-de-sac street shall have frontage on the turnaround of not less than twenty-five (25) feet. C. Frontages less than required above, as may be approved by the Planning Commission, shall be shown on a subdivision plat to be recorded in the land records of Wicomico County. Section 225-70. Setback Requirements. A. No portion of any building may be located on any lot closer to any lot or property line than is authorized in the table set forth in Section 225-74. (1) Where the wall of a building is not parallel with the lot line or is broken or otherwise irregular, the average depth of the setback requirements shall not be less than the otherwise required setback requirements provided however, that such wall shall at no point be less than five (5) feet from the lot line. (2) Ordinary windowsills, chimneys, cornices, decorative features and fixed window air conditioner units may extend not more than two (2) feet into any setback required. (3) An outside stairway, access ramp or open lattice-enclosed fire escape and balcony may project into a required side or rear setback. B. Setback Requirements shall be measured: (1) For buildings - from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.) (2) For other structures - from the most vertical portion of the structure s periphery at ground level. (3) If the lot or property line is not readily determinable (by reference to a recorded map, set irons, or other means), the setback requirement shall be measured from 116
the boundary line of any abutting right-of-way. If the boundary line of the right-ofway is not readily determinable the setback requirement shall be measured from the centerline of the right-of-way and half the width of the right-of-way shall be added to the minimum setback requirement. (4) Lots without public road frontage. (a) Front, side and rear setback requirements shall be as required by the zoning district in which the lot is located. (b) The front setback requirement shall be measured from where the accessway abuts the section of the lot on which the main building is or to be located or from the center line of such accessway, whichever may apply, as determined by the Zoning Administrator. C. Front Setback Requirements. (1) The depth of any front setback required in any district may be increased or decreased so that the front yard will approximate the average depth of existing front yards of existing structures on adjoining lots on each side or, if there are no adjoining structures, the front yard shall approximate the average depth of the front yards of the nearest structures on the same side of the street within five hundred (500) feet on both sides of the proposed structure. (2) On lots having multiple frontages, the front setback required shall be provided on all streets. (3) An open unenclosed porch, paved terrace, or handicap access ramp may project into a required front yard for a distance of not more than ten (10) feet or within five (5) feet of the front lot line, whichever is more restrictive. This shall not be interpreted to include or permit fixed canopies. D. The setbacks shown on all existing plats of record shall take precedence, except that any variance granted by the Board of Appeals shall be related solely to the public setback requirements. E. Any lot line abutting the right-of-way of any non-access highway for the full length of the lot line shall be considered either a side or rear yard as may apply. F. Accessory buildings and structures. (1) All accessory buildings and structures shall be contained within the setback requirements as established for the front, rear and side setback requirement provisions of the principal building within each district, except as enumerated below or as specifically required in this article: (a) Residential districts. No accessory building to a residential use in any residential district, A-1 Agriculture-Rural District, V-C Village Conservation District, or TT Town Transition District shall be constructed closer than five (5) feet to any rear or side property lines. (b) Subdivisions created after April 1, 1968. No accessory buildings or structures shall be constructed within front or side setback requirements abutting a street, as established for the principal building within the district. (c) Subdivisions created prior to April 1, 1968. For corner lots, there shall be one front yard setback as required for the district in which the lot is located and fifteen (15) feet on all other side yards adjacent to a street for 117
accessory buildings or structures. [1] The shorter street line of a lot abutting more than one (1) street shall be deemed the front, regardless of the location of the entrance of the principal dwelling on the lot. [2] Where the length of two or more lot lines abutting a street are equal, the front setback shall be as determined by the Zoning Administrator. (2) Unless otherwise exempted by definition or the specific requirements of this Chapter, the following setback provisions shall apply to the following accessory structures: (a) Recreation structures, including swimming pools, tennis courts, skateboard ramps, handball courts and other such similar facilities, including a concrete apron for an in-ground swimming pool shall be five (5) feet from any side or rear property line. (b) Decorative accessory buildings or structures. Any decorative accessory buildings or structures, including wishing wells, pump houses, gazebos, freestanding porches and other similar structures, shall be no closer than five (5) feet to any side or rear lot line. (c) Fencing in all Resource Conservation and Residential Districts, may be installed but shall be no higher than eight (8) feet and may be placed at the rear or side property line and set back five (5) feet from the front property line or reservation/easement area, whichever is greater. G. The following uses have special setback requirements. Please see the corresponding section for the applicable regulations. (1) Animals in Residential Districts - 225-61; (2) Cemeteries and Family Burial Grounds - 225-83; (3) Churches and Parish Halls, Temples, Convents and Monasteries (Places of Religious Assembly) - 225-105; (4) Crematorium 225-84; (5) Dwelling - Manufactured Home - Doublewide: 225-87; Singlewide: 225-88; (6) Farm-Related Business - 225-91; (7) Hospitals - 225-98; (8) Kennels, Commercial - 225-99; (9) Livestock Market - 225-101; (10) Manufactured Home Park - 225-102; (11) Poultry Houses - 225-106; (12) Privately Owned, Public Golf Courses 225-94; (13) Privately Owned Recreation Facilities 225-104; (14) Sand, Gravel and Clay Excavations 225-111; (15) Sawmill and Other Wood Process Facilities, Except Treatment 225-112; (16) Telecommunication Facilities 225-119; (17) Parking requirements for more than five (5) vehicles 225-133; (18) Accessory buildings and structures 225-59; (19) Outside storage - 225-62 (Accessory Structures) and 225-146; (20) Gasoline Pumps (Accessory Structures) 225-63; (21) Cluster Developments 225-52 and 225-53; 118
(22) Planned Unit Developments Article IV, Part IV; and (23) Planned Industrial Parks 225-57. Section 225-71. Building Limitations. A. For purposes of this section: (1) The height of a building is the vertical distance measured from the average elevation of the proposed or existing finished grade to the highest point of the roof for flat roofs, to the deck of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Notwithstanding the foregoing: (a) (b) The height of a wall or structure, other than a building, is the vertical distance from the highest point of a structure to the average ground level of the grade where the walls or other structural elements intersect the ground. Special height computations apply for signs and telecommunication towers. (2) Where a lot abuts on two (2) or more streets or alleys, of different average established grades in front of the lot, the higher of such grades shall control. B. Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as indicated in section 225-74 (Schedule of District Regulations). C. Notwithstanding other regulations in this Article or the maximum specified for the respective district, the height limits of this Zoning Chapter shall not apply to the following: Belfries, steeples, silos, conveyors, cupolas, derricks, domes, gas holders, fire escapes, fire towers, flagpoles, flues, minarets, monuments, observations towers, parapet walls, smoke stacks, rooftop heating and cooling equipment, television antennas, farm buildings and structures, chimneys, storage tanks, bulk storage structures or tanks, water towers and poles. Bulkheads, cooling towers, elevator enclosure, monitors, penthouses, skylights, state towers and water tanks occupying less than twenty-five percent (25%) of the area of the roof of the building on which they are situated. D. Television antennas are allowed in all zoning districts. E. Visibility at intersections. On a corner lot in any zoning district, nothing shall be constructed, erected, placed or allowed to grow in such a manner as to obstruct vision between a height of two and one half (2½) feet and eight (8) feet in height above the center-line grades of the intersecting streets in the triangular area formed by extending the street lines of such corner lots to a point of intersection, then measuring back from this point of intersection along each street a distance of twenty-five (25) feet to a point then connecting these two (2) points with a base line to form an isosceles triangle. 119
Section 225-72. Density on Lots Where Portion Dedicated to the County. A. Subject to the other provisions of this section, when the remainder of a tract is developed for residential purposes, the permitted density at which the remainder may be developed shall be calculated in accordance with the provisions of this section if: (1) Any portion of a tract lies within an area designated on any officially adopted County plan as part of a proposed public park, greenway, or bikeway, and (2) The owner of the tract, before the tract is developed, with the concurrence of the County dedicates that portion of the tract so designated. B. If the proposed use of the remainder is a single-family detached residential subdivision, then the minimum lot size and minimum setbacks in such subdivision may be reduced, as determined appropriate by the Planning Commission to permit the development at the density calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development. C. If the proposed use of the remainder is a two-family or multi-family project, then the permitted density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development. D. If the portion of the tract that remains after dedication as provided in subsection (A), is divided in such a way that the resultant parcels are intended for further subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the density bonus provided for in Subsection (B) and (C). Section 225-73. Lighting Requirements. A. Purpose. The purpose of this section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. With respect to motor vehicles in particular, safety considerations are the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated. This section is not intended to apply to public street lighting. B. General Requirements. (1) All entrances and exits in buildings used for nonresidential purposes and in twofamily or multi-family residential developments shall be adequately lighted to ensure the safety of persons and the security of the buildings. (2) Lighting within any lot that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting shall be designed so as not to glare onto surrounding properties. (3) Site lighting shall be of low-intensity from a concealed source and shall not spill over into adjoining properties, buffers, roadways, or in any way interfere with the vision of oncoming motorists. (4) No flickering or flashing lights shall be permitted. (5) Light sources or luminaires shall be located so as to illuminate only pedestrian walkways and signage. C. Exterior lighting plan. An exterior lighting plan that demonstrates compliance with the 120
requirements of this section and any other applicable lighting standards shall accompany any application for site or development plan approval. D. District Regulations. (1) C-1 Select Commercial District. Lighting not attached to a building shall be no higher than twenty-five (25) feet with cut-off fixtures. (2) C-2 General Commercial District. Lighting not attached to a building shall be no higher than thirty-five (35) feet with cut-off fixtures. (3) LB-2 Light Business and Residential District. Lighting fixtures or poles shall not exceed twenty (20) feet in height and shall have cut-off fixtures when not attached to a building. 121
Section 225-74. Schedule of District Regulations Section 225-74. Schedule of District Regulations Uses Minimum Lot Criteria Minimum Setback Requirements (feet) Lot Area (sq. ft.) 1 2 Width (feet) Frontage Maximum Height Front Side Total Rear Feet Maximum Lot Coverage 3 RESOURCE CONSERVATION/RESIDENTIAL DISTRICTS A-1 AGRICULTURE - RURAL Feedlot 100 acres 100/120 4 100/120 4 1000 1000 2000 1000 35 25% Single-family detached 20,000 100/120 4 100/120 4 50/75 6 10 20 30 35 35% Other 20,000 100/120 4 100/120 4 50/75 6 10 20 30 35 35% V-C VILLAGE CONSERVATION 16 30/55 6 Single-family detached 8,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% Two-Family 12,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% Townhouse 1,600 16 End Total units of end 30 35 N/A 6 12 only units Other 8,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% R-8 RESIDENTIAL Single-family detached 8,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% Two-Family 12,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% Townhouse 1,600 16 16 6 30/55 10 20 30 35 N/A Apartment, Building 40,000 100 100 30/55 6 10 20 30 50 60% Other 8,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% 122
Uses Single-family detached Lot Area (sq. ft.) 1 Minimum Lot Criteria Section 225-74. Schedule of District Regulations 2 Width (feet) Frontage R-15 RESIDENTIAL Minimum Setback Requirements (feet) Maximum Height Front Side Total Rear Feet Maximum Lot Coverage 100/120 4,9 100/120 4,9 10,000/20,000 5 40/65 6 35 80/100 4,10 80/100 4,10 10 20 30 35% 3 Two-Family 22,500/30,000 5 100/120 4,9 100/120 4,9 40/65 6 10 20 30 35 35% 10 80/100 4, 80/100 4,10 Townhouse 1,600 16 16 40/65 6 10 20 30 35 N/A End Total units only of end units Apartment 40,000 100 100 40/65 6 10 20 30 50 60% Buildings Other 10,000/20,000 5 100/120 4,9 100/120 4,9 40/65 6 10 20 30 35 35% 10 80/100 4, 80/100 4,10 R-20 RESIDENTIAL Single-family 10,000/20,000 5 100/120 4,9 100/120 4,9 detached 80/100 4,10 80/100 4,10 40/65 6 10 20 30 35 35% Two-Family 100/120 4,9 100/120 4,9 20,000 4,10 10 80/100 80/100 4, 40/65 6 10 20 30 35 35% Apartment 40,000 100 100 40/65 6 10 20 30 50 60% Buildings Townhouses Other 1,600 16 16 40/65 6 10 End units only 20 Total of end units 30 35 N/A 10,000/20,000 5 100/120 4,9 80/100 4,10 100/120 4,9 80/100 4,10 40/65 6 10 20 30 35 35% 123
Section 225-74. Schedule of District Regulations Uses Minimum Lot Criteria Minimum Setback Requirements (feet) All Development All Development Lot Area (sq. ft.) 1 Width 2 (feet) Maximum Height Frontage Front Side Total Rear Feet REC RESIDENTIAL Maximum Lot Coverage 3 10,000/20,000 5 100/120 4,9 80/100 4,10 100/120 4,9 80/100 4,10 40/65 6 10 20 30 35 35% R-30 RESIDENTIAL 30,000 100/120 4 100/120 4 40/65 6 10 20 30 35 35% TT Town Transition Single-family detached 8,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% Two-Family 20,000 60/75 4 60/75 4 30/55 6 10 20 30 35 35% Apartment 40,000 100 100 30-55 6 10 20 30 50 60% Buildings Other 8,000/20,000 5 60/75 4 60/75 4 30/55 6 10 20 30 35 35% Townhouses 1,600 16 16 30/55 6 6 12 30 35 N/A End units only Total of end units COMMERCIAL DISTRICTS All Development All Development C-1 SELECT COMMERCIAL 15,000/20,000 5 80/100 4 80/100 4 5-25; 30 30 7 30/60 7 20/30 8 35 35% C-2 GENERAL COMMERCIAL 10,000/20,000 5 80/100 4 80/100 4 3-10; 45/70 6 0-10 11 10/20 7 10 50 35% 124
Section 225-74. Schedule of District Regulations Uses Minimum Lot Criteria Minimum Setback Requirements (feet) All Development Maximum Height Lot 2 Width Area Frontage Front Side Total Rear Feet (sq. ft.) 1 (feet) C-3 REGIONAL COMMERCIAL Maximum Lot Coverage 40,000 200 200 100/125 6 25/40 7 50 30/50 8 50 35% 3 All Development 40,000 INSTITUTIONAL, BUSINESS AND INDUSTRIAL DISTRICTS LB-1 LIGHT BUSINESS AND INSTITUTIONAL 100/120 4 100/120 4 45/70 6 10/40 7 20 30/40 8 35 35% 10,000/20,000 5 40/65 6 10 20 LB-2 LIGHT BUSINESS AND RESIDENTIAL Single Family 10,000/20,000 5 100/120 4,9 100/120 4,9 40/65 6 10 20 80/100 4,10 80/100 4,10 30 4,9 Two Family 22,500 100/120 100/120 4,9 40/65 6 10 20 80/100 4,10 80/100 4,10 30 Apartment 43,560 100 100 40/65 6 10 20 Building 30 Other 100/120 4,9 100/120 4,9 30 80/100 4,10 80/100 4,10 35 35 35 35% 35% 35% All Development All Development INDUSTRIAL DISTRICTS I-1 LIGHT INDUSTRIAL 25,000 100/120 4 100/120 4 50/75 6 25/40 7 50 30/40 8 40 35% I-2 HEAVY INDUSTRIAL 25,000 100/120 4 100/120 4 50/75 6 25/40 7 50 30/40 8 50* 35% 125
1 Minimum lot area in residential developments approved as provided in Section 225-49, 225-50 and 225-53 shall meet the minimum lot requirements of the Wicomico County Health Department. 2 Lot width is measured at the building restriction line as established by this Chapter or as established on the record plat, whichever is greater. 3 Lot coverage includes the square footage of the footprint of buildings located on the lot. 4 Interior lot/corner lot. 5 With community water and sewer/without community water and sewer. 6 Measured from the property line/measured from the center line of the road. The greater of the two shall apply. 7 The greater side setback requirement shall be required adjacent to a residential district. 8 The greater rear setback requirement shall be required adjacent to residential district. 9 Without community water and sewer. 10 With community water and sewer. 11 One side yard may be zero feet provided that sufficient legal documents, approved by the County Attorney, are recorded in the land records of Wicomico County to assure access to the lot adjacent to the zero lot line. *Buildings greater than fifty (50) feet in height may be permitted by Special Exception granted by the Board of Appeals. 126
Section 225-75. Schedule of Maximum Permitted Residential Densities. 1 Resource Conservation or Residential District Development Alternative Minimum Lot Area Per Dwelling Unit Minimum Lot Area Per Dwelling Unit w/max. TDRs 2 A-1 Agriculture-Rural Conventional 15 acs --- Non-Contiguous 3 acs. --- A-1 Cluster 3 3 acs. --- V-C Village Conservation Conventional 5 acs. 3 acs. PVCD 30,000 sq. ft. --- R-8 - Residential Conventional 8,000 sq. ft. --- Residential Cluster 8,000 sq. ft. 7,200 sq. ft. PUD 6,000 sq. ft. 5,500 sq. ft. R-15 - Residential Conventional 15,000 sq. ft. --- Residential Cluster 15,000 sq. ft. --- PUD 10,000 sq. ft. 6,000 sq. ft. R-20 Residential Conventional 20,000 sq. ft. --- Residential Cluster 20,000 sq. ft. --- PUD 10,000 sq. ft. 7,000 sq. ft. R-30 Residential Conventional 30,000 sq. ft. --- Residential Cluster 30,000 sq. ft. --- REC Conventional 20,000 sq. ft. --- TT - Town Transitional Conventional 20,000 sq. ft. --- Residential Cluster 20,000 sq. ft. --- PUD 10,000 sq. ft. --- Notes on the Schedule of Maximum Permitted Residential Densities: 1 The minimum lot area per dwelling unit listed in this table is for the purpose of computing the maximum number of detached single family dwelling units that may be permitted on site. Minimum lot sizes are as established in Section 225-74. Maximum permitted residential densities for other types of dwellings units can be determined from the minimum lot size listed in section 225-74, or in some cases by reviewing Article VIII, Special Standards For Particular Uses. 2 See Section 225-58 for additional information. 3 See Section 225-52 for additional information. 127
ARTICLE VIII SPECIAL STANDARDS FOR PARTICULAR USES This Article contains regulations that supplement the requirements found in other articles of this Chapter. The following special development standards are applicable to Permitted, Accessory and Special Exception uses. Section 225-76. Agriculture Operation, Farming. A. In the R-8 and R-15 Residential Districts and the TT Town/Transition District on less than five (5) acres, agricultural uses shall be limited to: (1) raising of vegetables, including U-pick operations, field crops, plants, orchards, trees and shrubs, including wholesale nurseries, and (2) pasture for the grazing of livestock. B. In the R-20 and R-30 Residential Districts: (1) On tracts of land of five (5) acres to less than twenty (20) acres, agriculture uses shall be limited to: (a) the raising of vegetables, including U-pick operations, field crops, plants, orchards, trees and shrubs, including wholesale nurseries, and (b) pasture for the grazing of livestock. (2) On tracts of land consisting of twenty (20) acres or greater all agricultural uses shall be permitted. Section 225-77. Airfield. A. An airspace analysis by the Maryland Aviation Administration (MAA) and Federal Aviation Administration (FAA) for operation under visual flight rules shall be submitted with the application for a special exception. B. Landing areas for rotary wing aircraft shall be designed to comply with the Airport Design Guide of the FAA and MAA. C. Each landing, takeoff and utility area used by self-powered aircraft is provided with a dustproof surface. Section 225-78. Apartment Buildings. A. Design standards and restrictions: (1) Apartment construction shall be according to a Development Plan, with adequate provisions for access and for adequate protection of the surrounding properties. (2) When an apartment project is constructed, then each building shall adhere to the setback requirements of the district. (3) External walk areas in apartment projects shall be lighted. (4) Within Apartment projects, no apartment building shall be closer than thirty (30) feet from any other apartment building. (5) Notwithstanding any other provisions of this Chapter, apartment projects shall provide on-site open space areas equal to twenty-five percent (25%) of the total land area, excluding parking areas. 128
(6) In the event that swimming facilities are designed as a part of the project, these facilities shall be enclosed by a fence not less than six (6) feet high. (7) There shall be off-street loading, unloading and service areas provided as required in Article X. (8) The above standards shall not apply to apartment buildings that are part of a Planned Unit Development or Planned Village Conservation Development. B. Density: Apartment projects shall be limited to no more than twelve (12) units per acre. C. Family day care is a permitted accessory use to an apartment building, provided the applicant receives written consent from the owner of the apartment building. Section 225-79. Assembly of Finished Products. In the C-1 Select Commercial District, the manufacturing and assembly of a finished product may be permitted provided all activities are conducted entirely within a building and retail sales of products made on site are a part of such activity. Section 225-80. Bed and Breakfast. A. The establishment shall be owner occupied and managed. B. Rooms located in a single-family dwelling shall not have individual exterior entrances. C. Such rooms may be offered to the traveling public for temporary occupancy not exceeding thirty (30) days at any one (1) visit. D. Only ten (10) rooms may be used for commercial guests. E. The breakfast meal shall be provided as a part of the room rental charge. Section 225-81. Campgrounds and Recreational Vehicle Parks. A. The maximum density does not exceed twenty (20) campsites per acre. B. A minimum of thirty (30) percent of the total camp area shall be reserved for open space. Open space areas shall not include areas required for individual campsites, roads, or service areas. C. Garbage and trash collection stations shall be provided in such numbers and at such locations so as to provide for the convenient and sanitary storage and collection of garbage and trash. D. Each park shall provide such fire protection equipment as may be required by the County or State Fire Marshal. E. Interior roadway standards shall be as recommended by the Department of Public Works. F. In addition to meeting the landscape standards of Article XI, all campgrounds shall be surrounded by a buffer/screening approved by the Board of Appeals. Existing natural 129
vegetation, if appropriate, may be utilized to satisfy this requirement. G. Each site shall contain a stabilized parking pad of suitable material. Exposed ground surfaces in all parts of the campground shall be protected with a surface that is capable of preventing soil erosion or of suppressing dust. H. All campgrounds, including all facilities, roadways, and landscaping thereon, shall be maintained in a neat, orderly and attractive appearance. I. The Board of Appeals may permit grocery and supply stores and laundry establishments to serve the users of the campground. Such establishments shall be shown on the approved Site Diagram. J. The Board of Appeals may permit areas for storage of recreational vehicles owned by campground users. Such storage facilities shall not be used as storage lots for display of recreational vehicles for sale. Section 225-82. Day Care. A. In a R-20 Residential District, day care centers may be allowed by special exception provided: (1) All buildings and play areas shall be setback a minimum of fifty (50) feet from all property lines; (2) Such use is located on a lot of a minimum of five (5) acres; (3) Landscaping, fencing or other buffers shall be provided for the play area to minimize any negative impacts caused by the use on surrounding properties. B. In R-30 Residential District a family day care is permitted on a lot of a minimum of one (1) acre. Section 225-83. Cemeteries and Family Burial Grounds. A. Cemeteries, not affiliated with places of religious assembly in the A-1 Agriculture-Rural District minimum lot area: 10 acres. B. Family burial grounds shall be subject to the following standards: (1) Applications for a special exception for a family burial ground shall be accompanied by a proposed plat, designating: (a) The cemetery location on the property; and (b) A minimum twelve (12) foot access easement to the cemetery. (2) Minimum Lot acreage: 2 acres (3) No family burial grounds shall be permitted on a lot located in a major subdivision of four (4) or more lots. (4) The applicant shall provide documentation, acceptable to the County Attorney, of a bond, trust or other legal instrument for providing perpetual care for the cemetery. 130
C. Setback Requirements. (1) No headstone, monument, mausoleum grave, marker, vault or other such structure shall be placed within ten (10) feet of any side or rear lot line or within twenty-five (25) feet of any front property line. (2) Any family burial ground shall be: (a) (b) Section 225-84. Crematorium Crematoriums require: Located at least fifty (50) feet from adjacent property and road lines; Located at least two hundred (200) feet from the property line of a parcel that is part of a major subdivision of four (4) or more lots. A. That a screen be provided to adequately separate this use from adjacent uses or properties. C. Setback from any residential lot line existing at the time of application: 200 feet. C. Requirements for air quality/emission control under regulations of the Maryland Department of the Environment. Section 225-85. Dwelling - Emergency Housing. A. The use of a dwelling for emergency housing shall be limited to one (1) year unless good cause is shown to extend such time. B. The dwelling shall be located on the same or an abutting lot as a dwelling made uninhabitable by fire, flood, or other natural disaster and is occupied by the persons displaced by such disaster. Section 225-86. Dwelling-Hardship Housing. A. Hardship housing is permitted only when a medical hardship exists involving a member of the immediate family. For purposes of this provision, "immediate family" shall only include a child, grandchild, parent or grandparent, stepchild or stepparent. B. The Dwelling must be either a singlewide or doublewide manufactured home. Depending upon the nature of the specific hardship, the Board of Appeals may waive the standards of Section 225-88, Dwelling - Manufactured Home Singlewide, or Section 225-87, Dwelling Manufactured Home - Doublewide. C. The use of hardship housing shall be limited to one (1) year which may be extended for additional periods upon confirmation of the continuation of the medical hardship by the Department, subject to review by the Board of Appeals. Section 225-87. Dwelling - Manufactured Home - Doublewide. A. Doublewide manufactured homes may be permitted, provided the home meets the following standards: 131
(1) Length: 40 feet; (2) Width: 24 feet; (3) The roof: (a) Has a pitch with a minimum vertical rise of four (4) feet for each twelve (b) (12) feet of horizontal run (actual not nominal), and Is finished with a type of shingle that is commonly used in standard residential construction with a minimum two-and-one-half (2.5) inch roof overhang; (4) The exterior siding consists of wood, hardboard, vinyl lap siding or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction; (5) Manufactured homes shall be placed on a permanent foundation; securely anchored and provided with skirting of a suitable material; and (6) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. B. The standards contained in this section shall not apply to manufactured home parks, tenant houses, or emergency housing. C. These standards may be modified by Special Exception by the Board of Appeals. Section 225-88. Dwelling - Manufactured Home - Singlewide. A. A singlewide manufactured home may be allowed by special exception in accordance with the Table of Permitted Uses on an individual lot provided that the following standards are met: (1) No other dwelling unit is located on the lot, except as permitted in Section 225-89; (2) Lot area: Minimum 2 acres; (3) The home's roof: (a) Has a pitch with a minimum vertical rise of four (4) feet for each twelve (b) (12) feet of horizontal run (actual not nominal); and Is finished with a type of shingle that is commonly used in standard residential construction with a minimum two-and-one-half (2.5) inch roof overhang; (4) The exterior siding consists of wood, hardboard, vinyl lap siding or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction; (5) Manufactured homes placed on individual lots shall have a continuous masonry enclosure, unpierced except for required ventilation and access, and is permanently affixed to a pier foundation; and; (6) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. B. The standards contained in this section shall not apply to manufactured home parks, tenant houses, or emergency housing. 132
Section 225-89. Dwelling - Tenant House. A. A tenant house intended to house farm labor shall be either a singlewide or doublewide manufactured home and shall be on the same parcel as the primary use. B. One (1) tenant house may be erected per every contiguous twenty-five (25) acres under single ownership without subdivision. C. Any additional tenant houses may be permitted by special exception from the Board of Appeals. Section 225-90. Dwelling - Townhouse. A. The following regulations shall apply to any townhouse development approved by the Planning Commission: (1) Area requirements: (a) Lot area. Every townhouse development shall be located on a contiguous tract of land containing at least twenty thousand (20,000) square feet. (b) Lot coverage. As provided in Section 225-74. (c) Open space. Not less than fifty percent (50%) of the lot area shall be devoted to open space; provided, however, that interior patio courts of not less than 125 square feet in area nor of a minimum dimension of less than ten (10) feet may be computed as open space. (2) There shall be not more than ten (10) townhouses in any one building. B. The townhouse development shall be of varying design to avoid the monotony of development of rows of similarly designed attached dwellings commonly called row houses. C. This section shall not apply to townhouses that are part of a Planned Unit Development or Planned Village Conservation Development. Section 225-91. Farm-Related Business. A. Farm related businesses shall not include the following types of uses: slaughterhouses or wood treatment facilities. B. The minimum lot size for a farm-related business shall be proportional to the specific use. Any lane serving the farm-related business and a home and/or farm contained on the same lot shall not be included as lot area devoted to the farm-related business. C. No more than fifty (50) percent of the area devoted to a farm-related business shall be covered by buildings, parking lots, or any other impervious surface. D. Farm-related businesses may be conducted in a building or buildings comprising up to fifteen thousand (15,000) square feet, which may be by increased by special exception by the Board of Appeals. E. Setback Requirements. (1) Any new structures proposed to house farm-related businesses shall be typical of 133
existing farm buildings, if any, and located within or adjacent to the area of existing farm buildings, or shall be located at least two hundred (200) feet from the closest street right-of-way. (2) No farm-related business shall be located within eighty (80) feet of any adjacent side or rear yard line. F. The length of access drive shall be sufficient to accommodate stacking of delivery and customer vehicles. G. See Article X for parking requirements. H. See Article VI for outside storage requirements. I. Applicants shall submit a Site Diagram and description of the proposed farm related business to the Board of Appeals to determine whether or not additional conditions may be required to minimize impacts on agricultural uses permitted in the district. Such information, at a minimum, shall include information concerning the proposed number of employees associated with the processing activity or farm related business as well as a delineation of proposed location of any structures needed to support the activity including parking and access areas. J. For sign requirements see Article IX. Section 225-92. Farmers Markets. A. The total floor area of all structures shall not exceed ten thousand (10,000) square feet. B. Markets shall operate only during daylight hours. C. See Article X for parking requirements; Section 225-93. Feedlots. For bulk regulations see Section 225-74, Schedule of District Regulations. Section 225-94. Golf Courses. A. Land area: 50 acres, including miniature golf courses as an accessory use. B. All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area. C. Setback Requirements. (1) All buildings, driving range and any miniature golf course shall be located threehundred (300) feet from all adjacent property lines; (2) All such buildings may be set back one hundred (100) feet from any lot line which is formed by a water body or stream. D. See Article X for parking requirements. E. Screening shall also be provided abutting the pro-shop / office and parking areas. 134
Section 225-95. Guest Rooms. A. In the A-1 Agriculture-Rural District, the rental of guest rooms shall be limited to 9 persons. B. In the R-8 Residential District the rental of guest rooms is limited to: (1) Not more than a total of two (2) roomers; and (2) Be located within a single-family residence on a parcel of land with a density of: (a) 20,000 square feet with an on-site septic system; or (b) 8,000 square feet with community water and sewer service. C. In the R-15 Residential District, the rental of guest rooms is limited to: (1) Not more than a total of two (2) roomers; and (2) Located within a single-family residence on a parcel of land with a density of: (a) 15,000 square feet with an on-site septic system; or (b) 10,000 square feet with community water and sewer. D. In the R-30 Residential District, the rental of guest rooms is limited to: (1) Not more than a total of two (2) roomers; and (2) Located within a single-family residence. E. In the LB-2 Light Business and Residential District, the rental of guest rooms is limited to: (1) Not more than a total of two (2) roomers; and (2) Located within a single-family residence on a parcel of land with a density of (a) 20,000 square feet with an on-site septic system; or i. 15,000 square feet with community water and sewer. F. In the Neighborhood Preservation Overlay District, see Section 225-46. G. Parking: One on-site space for each guest room, provided that said space shall not be provided in the required front setback. Section 225-96. Group Homes/Youth Group Homes. If a Group Homes/Youth Group Home is in a residential district: A. An appearance shall be maintained that is closely similar to nearby dwellings; and B. No sign shall identify the use. Section 225-97. Home-Based Business. A. Determination of Type. There are three (3) types of home-based businesses. Uses are allowed as home-based businesses only if with all of the applicable requirements of this Chapter. Determination of whether or not a proposed home-based business is a Type I, Type II or III home-based business shall be made by the Zoning Administrator. (1) A Type I, Home-Based Business - No employees or customers come to the site. (2) A Type II, Home-Based Business - Not more than (1) person, other than those 135
legally residing on the premises may be employed in the home-based business. (3) A Type III, Home-Based Business - Not more than (2) persons, other than those legally residing on the premises may be employed in the home-based business. B. Operational Standards. Type I, II and III Home Based-Businesses shall meet the following minimum operational standards. (1) No home-based business shall generate significantly greater traffic volumes or increased traffic hazards than would normally be expected in a residential district. (2) The home-based business must be clearly incidental and subordinate to the residential use and shall not exceed in area twenty-five percent (25%) of the gross floor space of the single-family dwelling. (3) The home-based business shall be conducted within the dwelling unit or accessory structure, and no outdoor advertisement, display or storage of materials, goods, supplies or equipment used in the home-based business shall be permitted on the premises. (4) The residential character of the single-family dwelling or accessory building and the lot shall not be altered to accommodate a home-based business, other than the minimum amount of parking as required by this code. (5) The equipment used by the home-based business and the operation of the home-based business shall: (a) Not create any vibration, heat, glare, dust, odor, or smoke discernable at the property lines, (b) Not generate noise exceeding 60 decibels at the property line from 8:00 A.M. to 6:00 P.M., (c) Not generate any noise discernable by the human ear at the property lines from 6:00 P.M. to 8:00 A.M., (d) Not create electrical, magnetic or other interference off the premises, (e) Not consume utility quantities that negatively impact the delivery of those utilities to surrounding properties, or (f) Use or store hazardous materials in excess of the quantities permitted in a residential structure. C. Type I and Type II, Prohibited Home-Based Businesses. Prohibited home-based businesses include, but are not necessarily limited to, the following: (1) Kennels, stables, veterinary hospitals, animal grooming (2) Medical and dental clinics, hospitals (3) Restaurants, clubs, drinking establishments for alcoholic beverages (4) Motor vehicle/small engine repair, vehicle body work, and gasoline stations (5) Undertaking and funeral parlors (6) Bed and breakfast and country inn (7) Retail sales of goods not made and/or prepared on the premises (8) Adult uses (9) Group homes (10) Boarding and rooming houses (11) Private educational institutions (12) Gift shops, grocery stores (13) Beauty shops, barbershops, nail salons (14) Drugstores 136
D. Type I and II, Home Based Business - In connection with a Home-Based Business, there shall be no stock kept in trade or commodity to be sold upon the premises other than those made and/or prepared on said premises for sale. E. Type II and III, Home-Based Business. (1) A Type III Home-Based Business may be, but is not limited to: (a) Beauty parlors, barber shops and nail salons, (b) Businesses related to agriculture, (c) Septic system service and well service, (d) Trucking operations, small automotive repair, (e) Carpentry, upholstery, woodworking, potteries, glassworks, and other similar uses (2) Operational Standards for Type II and III Home-Based Business. In addition to those operational standards listed in section (B), above, Type II and III Home- Based Businesses must meet the following standards: (a) (b) (c) Conditions of approval established by the Board of Appeals or Planning Commission shall specify: [1] Hours of operation; [2] Maximum number of customer/client visits that may occur in any one (1) day; [3] The maximum number of customers/clients that can be present at any one time; and Retail sales shall be limited to goods made and/or prepared on site. Sign and Parking requirements as otherwise provided. F. For sign requirements see Article IX. G. For parking requirements see Article X. Section 225-98. Hospitals. Hospitals and other medical facilities, including mental health treatment facilities, may be permitted, provided: A. Setback Requirements. All structures shall be located: (1) Two hundred (200) feet from any adjacent residential district and (2) Fifty (50) feet from any other use. B. Accessory uses shall meet the setback requirements for the principal building. C. Building height limit shall be as determined by the approving authority but in no case more than one hundred (100) feet. 137
Section 225-99. Kennels, Commercial. A. Commercial kennels in A-1 Agriculture-Rural and V-C Village Conservation Districts shall: (1) Have a minimum acreage as follows: (a) (b) Five (5) acres if outside runs; or Two (2) acres if no outside runs and animals in soundproof building (2) Not be located within two hundred (200) feet of an existing residential dwelling on an adjacent parcel. B. In a C-2 General Commercial District, commercial kennels may be permitted provided that runs for animals shall be entirely contained within a building. Section 225-100. Light Industry. A. In a C-2 General Commercial District, the Board of Appeals may permit light industrial uses as a special exception, provided: (1) Such light industrial use is limited to assembly and fabrication of finished products; (2) Building area: ten thousand (10,000) gross square feet; (3) The entire operation is conducted within a building; and (4) No outside storage is permitted. B. In an I-1 Light Industrial District, light industry may be permitted provided: (1) Uses are limited to the assembly and fabrication of a finished product; (2) All uses and activities are contained entirely within a building. Section 225-101. Livestock Market. A. Stock pens and main buildings are setback: (1) 300 feet from any street or highway; and (2) 800 feet from any dwelling existing at the time of application. B. Adequate off-street parking and off-street loading space is provided for customers and employees in accordance with Article X. Section 225-102. Manufactured Home Parks. The Planning Commission may approve a manufactured home park in compliance with the following provisions. A. The proposal must be planned, developed and improved for the placement of three (3) or more manufactured homes. B. Review and approval. 138
(1) Manufactured home parks shall require a Development Plan. (2) In order to provide the developer an opportunity to receive and discuss comments relating to the impact of a proposed manufactured home park on community facilities, population, traffic, etc., in the early development stages of a park, a site plan shall be required prior to submission of a Development Plan. (3) Where a park is to be developed in sections, a development schedule shall be required. (a) The schedule shall clearly show each stage of development and indicate (b) (c) the number of manufactured homes to be accommodated. All landscaping, streets, paving, utilities and recreation areas required to serve each section shall be in place and inspected for compliance with all applicable regulations prior to occupancy of any manufactured home in the section. If the park is to be developed as a whole, all improvements shall be in place and the park inspected for compliance with all applicable regulations prior to occupancy of any manufactured home. C. Minimum design standards and restrictions. Where, in the opinion of the Planning Commission, because of a condition peculiar to the site, such as a man-made or natural barrier, a provision is unreasonable or not necessary to fulfill the general intent of these standards, such provision may be waived, modified or an alternative permitted. (1) Land Area (a) Manufactured home park: 5 acres. (b) Any proposed service building: 20,000 square feet. (c) Each proposed manufactured home pad site shall contain: [1] 6,000 square feet in a resource conservation district; and [2] 4,000 square feet in a commercial district. (2) The maximum permitted density of a manufactured home park shall not exceed: (a) In a A-1 Agriculture-Rural or V-C Village Conservation district: 4 (b) manufactured home sites per gross acre. In the C-2 General Commercial District: 6 manufactured home sites per gross acre. (3) Where on-site private water and sewerage systems are proposed, additional land may be required. The amount of land and type of system to be provided shall be a determination of the Wicomico County Health Department and all other appropriate state agencies. (4) Park Roads. (a) (b) (c) (d) (e) (f) Direct access from a manufactured home site to a public road shall not be permitted. All sites shall be designed to be served by internal park roads, providing for continuous forward motion and unobstructed access to a public road. Internal roads shall be paved a minimum width of twenty (20) feet with tar and chip, or comparable material, approved by the Director of Public Works. The park roads shall provide direct connection between a public road and each manufactured home site. Minimum width of a road shall be twenty (20) feet. Cul-de-sac not exceeding 1,200 feet in length may be formed by a paved turnaround with a minimum radius of forty (40) feet. 139
(5) Manufactured home parks shall provide a minimum of one hundred (100) feet of frontage on a public road. (6) Each manufactured home shall be placed on its pad or site so that no part of said manufactured home shall be closer than: (a) To any other manufactured home: [1] In a resource conservation district: Forty (40) feet [2] In a commercial district: Twenty (20) feet (b) To any service building: Forty (40) feet (c) To any interior street: Twenty-five (25) feet (d) To any public street or highway right-of-way line: Seventy-five (75) feet (e) To any property line of the park: Thirty-five (35) feet (7) At a minimum on-site open space equal to eight percent (8%) of the total area of the park shall be provided. Parking areas shall not be considered as open space. (a) Open space areas shall be of regular shape, centrally located, on dry ground and, if not initially developed as active recreation areas, shall be usable for future recreation purposes when necessary. (b) In large manufactured home parks, recreation areas may be decentralized to minimize walking distance for occupants. (8) Manufactured home parks shall be located on a well-drained site, properly graded to assure proper drainage and free from standing water. (a) Manufactured home parks shall not be located in areas subject to flooding. (b) A drainage plan shall be submitted to the Department of Public Works, for review and approval. (9) Rules and regulations for the operation and maintenance of the park shall be required and shall include, but not be limited to: (a) Maintenance of recreation areas and landscaping, (b) Refuse collection, (c) Location of outside storage, (d) Fire protection and maintenance of streets, (e) Parking and service and utility areas. (10) Service buildings shall be for the sole use of occupants of the park, and services shall be limited to laundry, sanitary, postal, trailer supply facilities and on-site management offices. (11) For landscaping requirements see Article XI. (12) For parking requirements see Article X. (13) The base of each manufactured home shall be enclosed with fire-resistant boxing or skirting material designed for such use. D. Commencement of construction, inspection and authorization to occupy park. (1) All required plans, rules and regulations shall be approved, dated and signed by the appropriate department or agency and one (1) copy filed with the Building Inspector and one (1) copy in the Department s office prior to issuance of any permit to commence construction of the park. (2) Inspection of park improvements shall be made by the Wicomico County Department of Public Works, Zoning Administrator and Health Department, and each department shall certify in writing that such improvements are in place and in compliance with conditions of approval for the park, the requirement of this Chapter and any other applicable county regulations and/or codes. The Wicomico County Zoning Administrator shall present such written certification to 140
the Department of Public Works prior to issuance of a license by the Department of Public Works to operate a park. (3) The park shall not be occupied until the County Council has issued a license. Section 225-103. Marinas. A. Commercial Marinas: (1) Shall only moor or berth: (a) small boats and pleasure craft; or (b) commercial vessels less than forty-five (45) feet in length. (2) May provide for their storage, service and repair. (3) In the A-1 Agriculture-Rural District, shall be located on a land area of 5 acres. B. Industrial Marina/Shipyard shall meet the following standards: (1) Land area: 2 acres (2) Shall be located on an upland site (3) Shall be served by adequate collector roads designed and equipped for the haulout of large vessels, and (4) May have interior and exterior areas for construction, repair, restoration, or recovery of vessels. (5) Any work performed on commercial metal boats, ships or barges are an industrial use that can only be performed in industrial marina/shipyards or marine terminals. C. Recreational Marinas shall only moor or berth: (1) Small boats and pleasure craft; or (2) Commercial vessels less than forty-five (45) feet in length. Section 225-104. Nursery, Commercial. Commercial Nurseries, including Greenhouses with On-Premises Sales may be permitted, provided: A. Tools and equipment shall not be displayed outdoors. B. Sale of products determined by the Board of Appeals to be accessory to this use shall be limited by the Board of Appeals to a specified area of the operation. C. Power equipment, such as gas or electric lawn mowers and farm implements shall not be sold on premises. D. Greenhouses shall have a minimum setback of twice the height of the building, but in no case less than the setback requirements for the district in which it is located. E. Storage of all materials which produce odors or attract pests shall be effectively covered. F. Commercial greenhouse lot area: 5 acres. Section 225-105. Places of Religious Assembly. A. Cemetery, Accessory. Accessory cemeteries to a place of religious assembly shall meet 141
the standards for cemeteries in 225-83, Cemeteries and Family Burial Grounds. B. In these districts, places of religious assembly shall have the following minimum lot area requirements: R-8 Residential District 2 acres R-15 Residential District 2 acres R-20 Residential District 5 acres REC, Residential, Educational and Cultural District 5 acres R-30 Residential District 5 acres C. Accessory uses to places of religious assembly may also include: day care centers, educational, administrative, social and recreational activities, provided that all buildings, including principal structures are setback fifty (50) feet from all lot lines. Section 225-106. Poultry Houses. A. Setback Requirements. Poultry houses shall be setback a minimum of one hundred (100) feet from all property lines. B. In nonconforming situations, the existing poultry house(s) may be enlarged without the permission of the Board of Appeals provided that the enlargement does not extend any further into the current minimum required setbacks. Section 225-107. Rehabilitative Housing. Whenever an individual desires to build rehabilitative housing, they shall present to the zoning administrator: A. A written description of all types of persons intended to occupy the use during the life of the permit. Any future additions to this list shall require special exception approval. B. Evidence that the use will involve adequate on-site supervision and security measures to protect public safety. Section 225-108. Retail Sales. A. In an LB-2 Light Business and Residential District, retail sales may be permitted, limited to the sale of arts and crafts, gifts, including specialty shops, boutiques, clothing shops and florist shops, and other uses of a similar nature may be permitted provided that the gross floor area devoted to retail sales shall not exceed 1,000 square feet. B. In an LB-1 Light Business And Institutional District, retail sales may be permitted provided that, if located in a free standing building, the total gross floor area of the building shall not exceed 10,000 square feet. Section 225-109. Rifle and Pistol Ranges, Archery Ranges, Skeet Shooting Ranges, or Other Recreational Weapons, Outdoor. Outdoor rifle and pistol ranges, archery ranges, skeet shooting ranges, or other recreational weapons ranges may be permitted provided ranges are designed to ensure the safety of users 142
and passers-by. Section 225-110. Salvage Yard. A. The materials or refuse shall be enclosed with: (1) a continuous security fence and (2) an evergreen shrubbery screen. Existing evergreen vegetation may be used as the shrubbery screen. B. No materials or refuse shall be collected, accumulated or stored within twenty-five (25) feet of any lot line or right-of-way line. C. All fluids (oil, gasoline, transmission fluid, windshield washer fluids, etc.) and batteries from the salvaged vehicles shall be removed from said vehicles and disposed or recycled according to the Maryland Department of the Environment regulations prior to dismantling and/or storage. Section 225-111. Sand, Gravel and Clay Excavations, Borrow Pits. A. Setback Requirements. (1) Excavation shall not take place within: (a) 100 feet from any property line; or (b) 300 feet from any lawfully permitted residential or institutional building on any adjacent property. (2) Operation structures shall not be erected nor storage of material take place within: (a) 200 feet of any property line; or (b) 100 feet to the right-of way line of any road. B. An Environmental Impact Assessment shall be completed demonstrating that all of the Environmental Performance Standards, except the regulations pertaining to steep slopes, in Article XI, Part II of this Chapter are met. C. The use of heavy machinery for refining or processing other than for extracting, crushing, moving, washing and screening shall not be permitted. D. A minimum 100 foot buffer of natural vegetation shall be established between the operation and the edges of streams. E. The applicant shall submit a reclamation and post excavation use plan that specifies the steps that will be taken to reclaim the property and the proposed post excavation use of the site. Section 225-112. Sawmill and Other Wood Process Facilities, Except Treatment. A. Sawmill Setback Requirements: 600 feet from any dwelling not located on the same premises or from any Place of Assembly. B. In the A-1 Agriculture-Rural District, temporary sawmills less than 6 months shall be used for the cutting of timber grown on the premises. 143
Section 225-113. Service Establishments. A. C-1 Select Commercial District maximum Gross Feet of Building Area: 2,000 square feet B. LB-2 Light Business and Residential maximum Gross Feet of Building Area: 1,000 square feet. Section 225-114. Schools of General Instruction. A. In an R-8, R-15 and R-20 Residential Districts, a school may be permitted provided, (1) Lot area: 5 acres; and (2) All buildings, structures and play equipment are setback a minimum of fifty (50) feet from the adjoining property lines. B. In an R-30 Residential District, a school may be permitted, provided: (1) Lot area: 10 acres; and (2) All buildings, structures, and play equipment are setback a minimum of fifty (50 feet from the adjoining property lines. Section 225-115. Shopping Centers. Shopping centers may be permitted by special exception in accordance with an approved Development Plan. A. General standards: (1) Buildings shall be designed so that facades, signs and other appurtenances will have an integrated and harmonious appearance, so that parking and landscaped areas are harmonious and attractively arranged and in a manner which will not adversely affect the appearance of surrounding development. (2) Shopping centers shall be located so as to minimize increased traffic congestion, to facilitate the provision of necessary improvements to access roads serving the site, and to provide proper exits, entrances, and internal parking and circulation. (3) Shopping centers, when feasible, shall be served by single common sewer, gas, water, lighting, power and heating systems or services. (4) Passenger parking areas and freight loading areas shall be separately located and safety provisions must be made for the protection of pedestrians, including appropriate location of roadways, parking areas, sidewalks, islands, entrances, exits, crossovers and underpasses which are provided with drainage, lighting, directional signs and supervision as may be required. (5) Access. (a) Direct access onto a street or major highway shall be reduced or eliminated wherever the Planning Commission and County Department of Public Works, determines that alternative or unified points of access are available to a site resulting in better traffic flow and less traffic congestion. (b) Service drives and loading and unloading areas shall be located so that in the process of loading and unloading, no truck shall block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation. 144
B. Permitted uses. Land and buildings shall be designed, arranged and used only for the commercial service, commercial retail and recreation uses enumerated in Section 225-67. C. Prohibited uses. The following uses shall be prohibited in shopping centers: (1) Machine shops. (2) Auto repair garage, except those operated by an on-site development store. (3) Tire recapping. D. Minimum Landscape Area. A minimum of thirty percent (30%) of the gross site shall be landscaped. E. See Article X for parking requirements. F. Paving and illumination. Except as may be permitted in subsection (D) above, all roadways, parking areas and pedestrian walks shall be paved with a hard surface material which shall be maintained in good condition at all times and shall be properly illuminated when used after dark in such a manner as to prevent the direct transmission of light into adjacent properties and roadways. G. For landscaping and screening requirements see Article XI. H. For sign regulations see Article IX. Section 225-116. Theater, Outdoor. A. Any structures, fence or parking area shall be set back at least one hundred (100) feet from any highway; B. There shall be provided a service road, for entrance and exit on the theater property, with access to a public highway at two (2) points, each distant at least two hundred (200) feet in opposite directions from the center of the property, and C. No outdoor theater screen shall be visible in total or in part at any angle from either a state highway or a county road. Section 225-117. Warehouse. In an I-1 Light Industrial District: A. There shall be no open parking of refrigerated vehicles or other vehicles with other continuously running equipment. B. Wholesale merchandising and warehousing, excluding truck terminals, may be permitted provided that there is no open parking of refrigerated vehicles or other vehicles with other continuously running equipment. Section 225-118. Wayside Stand. A. Gross floor space in excess of 1,000 square feet shall require a special exception from 145
the Board of Appeals. B. For off-street parking requirements see Article X. C. When the selling activity is abandoned for any reason, seasonal or otherwise, all materials, such as signs, crates, baskets, tables, utility trailers, wagons, etc., shall be removed from the site or stored in an inconspicuous place where they cannot be observed or seen from any public road. D. For sign regulations see Article IX. E. The wayside stand shall primarily be for the purpose of selling fruit and vegetables grown on-site or on other lands owned, leased or managed by the operator of the wayside stand. Sales of other allowable merchandise shall be secondary. Section 225-119. Wireless Telecommunication Facilities. A. Purpose and Intent. To provide for the effective management, control and review of telecommunication uses, including towers, antennas, and related wireless equipment and structures. B. Provisions in addition to other district provisions. In addition to the standards and provisions contained elsewhere in this title, the following additional provisions shall apply to all telecommunication uses. (1) Application for telecommunication equipment on monopoles, free-standing towers, and guyed towers shall include the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) A wind load analysis conducted by a qualified Engineer. A certificate by a qualified Engineer attesting to the structural integrity of the existing structure and the projected effects resulting from the addition of the proposed equipment. A certificate of compliance attesting the fact that the proposed equipment meets or exceeds FCC and ANSI standards on radiation emissions. A complete description of the impact, and a detailed plan for avoiding, minimizing, mitigating or buffering the effects of the proposed use from the following natural resources: steep slopes, wetlands, stream corridors, forests, and habitats of threatened or endangered species. A complete description of the impact and a detailed plan for avoiding, minimizing, mitigating or buffering the effects of the proposed use from any area of local, regional or national historic or cultural significance. Justification of necessity. Supporting evidence regarding the proposed equipment s affects upon adjacent and adjoining property values. A detailed description, assessing the impact that the proposed equipment will have upon aviation and overall visibility. Proof of compliance with all FAA requirements relating to lighting, siting, height, and visibility shall be required prior to final permitting. For additions to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, documentation that establishes that the applicant performed a diligent search for a suitable site that did not have the affect of increasing the 146
height of existing structures. (j) For new monopoles, free-standing towers and guyed towers, documentation that establishes that the applicant performed a diligent search for a suitable existing structure. (k) The provisions of (d - j) above shall not apply where additions to existing structures do not increase the overall height and the equipment will be located within the existing fenced area or compound. (2) Standards. Monopoles, free-standing towers and guyed towers approved after the adoption of this section shall comply with the following: (a) (b) (c) (d) (e) Minimum lot requirements. Lot area and lot dimensions shall be a function of the minimum setback required and are established as follows: [1] For monopoles, the minimum structure setback shall be the height of the monopole plus fifty (50) feet. [2] For towers over two hundred (200) feet in height, the setback shall be: [a] One (1) foot for every one (1) foot of height up to two hundred (200) feet; and [b] One and a half (1.5) feet for each one (1) foot of tower height exceeding two hundred (200) feet. [3] For all other towers, the minimum setback shall be one and onequarter (1.25) times the height Siting Requirements. There shall be a minimum separation distance of: [1] One thousand (1000) feet from the nearest existing residential structure on an adjacent parcel; [2] Two thousand (2000) feet from all existing schools, day care centers, nursing homes, and long-term care facilities; and [3] Five thousand (5000) feet from any property designated on the National Historic Register. Lighting Requirements. No lighting shall be required or permitted, except what is specifically required by the FCC, FAA, or another relevant state or federal agency; additionally, in instances where the FCC or FAA require day time high intensity strobe lighting, a set of red marker lights shall be installed for nighttime use. All strobe lights shall be turned off at twilight. Screening and Security Requirements. A fence with a minimum height of eight (8) feet shall be installed around the perimeter of the tower base. All equipment shall be located within this fenced area. The fence shall have an access gate which shall be kept in a locked condition at all times except when servicing is required. The fence shall be equipped with additional entrance prevention devices as necessary to prevent compound access by unauthorized personnel. There shall be an additional screening requirement consisting of a buffer of sufficient width containing native plantings capable of effectively screening the fenced enclosure. Additional Provisions. All obsolete or unused towers and equipment shall be removed at the owner s expense within twelve (12) months of the 147
(f) cessation of use. The Board of Appeals may, as part of the special exception, modify the lot area, lot dimensions or siting requirements specified herein. ARTICLE IX SIGNS Section 225-120. Purpose. A. General Purpose. (1) The purpose of this Article is to regulate the size and location of signs in Wicomico County in order to preserve safety and to prevent the proliferation of signs which detract from the landscape. (2) Signs shall be designed and regulated in such a manner as to: (a) (b) (c) prevent a cluttered appearance along major highways; present a harmonious appearance among and within the various developments that may occur; and minimize adverse effects upon neighboring properties, while providing clear identification of each development and each use within a development. B. Signs are recognized to present problems and conditions unique unto themselves, and, therefore, the following regulations and restrictions are designed to ensure that signs which, because of their nature, size, structure, design, color, lighting or location, will not have an adverse effect on surrounding properties or on the community in general. C. Notwithstanding any other provision in this Chapter, no sign shall be permitted, erected or used in any district except as permitted in this article. D. Every sign shall be designed to be compatible with the architectural design of the building(s) and site to which it principally relates. Included in this design, the colors, materials, and lighting of every sign shall be restrained and harmonious. E. Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs. F. All signs and all components thereof, including without limitation supports, braces, and anchors, shall be kept in a state of good repair. G. With respect to freestanding signs, components (supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment. Section 225-121. Signs Excluded From Regulation. The following signs are exempt from regulation under this Chapter. A. Signs not exceeding four (4) square feet in area that are customarily associated with 148
residential use and that are not of a commercial nature, such as: (1) signs giving property identification names or numbers or names of occupants; (2) signs on mailboxes or newspaper tubes; and (3) signs posted on private property relating to private parking or warning the public against trespassing or danger from animals. B. Official signs of a noncommercial nature erected by public utilities. C. Signs directing and guiding traffic on private property that do not exceed four (4) square feet each and that bear no advertising matter. D. Works of art which do not contain moving parts or lights, including decorative or architectural features of buildings, that do not include a commercial message. Commercial messages shall include logos, prototypes, letters, trademarks and other decorative images used to advertise a vendor s merchandise or services. E. Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs. F. Flags, pennants, or insignia of any nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device. G. Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as freestanding signs. H. Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three (3) feet beyond the lot line of the parcel on which such sign is located. I. Church bulletin boards, church identification signs, and church directional signs that: (a) (b) (c) Do not exceed one (1) per abutting street; Do not exceed sixteen (16) square feet in area; and Are not internally illuminated. Section 225-122. General Regulations. Any sign erected, placed, attached, or substantially altered, or reconstructed shall conform to the following regulations: A. Signs that revolve, flash, are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. B. Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings. C. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the sign face. 149
D. Each sign shall be compatible with the signs on adjacent and nearby surrounding premises E. Advertisement. (1) No off-premises signs may be located in any district except Outdoor Advertising Structures and such temporary signs as may otherwise be provided for in this Article. (2) On-premises signs shall advertise only the name of the business(es) or the type of business(es) conducted on the premises. F. No sign shall interfere with traffic or conflict with other government signs. (1) No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads. (2) No sign may be erected so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies. G. Freestanding signs shall be secured so that they may not be moved by wind or other forces of nature. H. Additional Regulations for all on-site Banners, Pennants and Flags. (1) Banners and pennants may be indirectly illuminated during hours of operation only. (2) All banners, pennants and flags should be securely attached to the support structure to prevent sagging or dropping of the pennants, banners or flags. (3) Banners, pennants and flags shall not be used in the calculation of permitted sign area for each use. Section 225-123. Signs in the Public Right-of-Ways. A. No signs shall be allowed in or over the public right-of-way, except signs placed with the permission of the Wicomico County Department of Public Works. Such signs may include: (a) (b) Bus stop signs erected by a public transit company; and Informational signs of a public utility regarding its poles, lines, pipes, or facilities. B. Emergency warning signs may be erected by a public utility company, or a contractor doing authorized or permitted work within the public right-of-way. C. Any sign installed or placed on public property, in violation of this section shall be forfeited to the public and subject to confiscation. D. In addition to the other remedies hereunder, the county shall have the right to recover 150
from the owner or person placing such a sign the full costs of removal and disposal of such sign. Section 225-124. Computations. The following principles shall control the computation of sign area and sign height. A. Computation of Area of Individual Signs. (1) The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed as the greater of: (a) (b) (c) The smallest square or rectangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display; or Any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed; or A combination area of the integral background of the display and the smallest shape that will encompass the extreme limits of the writing, representation, emblem or other display which extends beyond the area of the background. (2) Computation shall not include any structural elements outside the limits of such sign which is not an integral part of the display. An integral part of the display can include support structure if such support is necessary for the overall appearance of the sign. B. Computation of Area of Multi-faced Signs. (1) The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible at the point where the greatest sign area is visible. (2) When two (2) identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be computed by the measurement of one (1) of the faces. C. Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at site grade to the top of the highest attached component of the sign. Section 225-125. Certain Temporary Signs. The following temporary signs are permitted without a special exception or sign permit. However, such signs shall meet the standards set forth below. A. Construction site identification signs. (1) Construction site identification signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and may contain related information including, but not limited to, sale or leasing 151
information. (2) Not more than one (1) such sign may be erected per site, and it may not exceed thirty-two (32) square feet in area. (3) Such signs shall not be erected prior to the issuance of a building permit and shall be removed within ten (10) days after the issuance of the final occupancy permit. B. Grand Opening Signs (1) A grand opening is permitted to use banners, pennants or flags on-site provided: (a) (b) They are removed within ten (10) days after the event. (2) A grand opening or grand re-opening is permitted to display two (2) off-premise signs provided: (a) (b) (c) (d) (a) They are not displayed more than ten (10) days prior to the event; Written permission is obtained from the owner of the property where the sign is to be located. Signs may only indicate grand-opening or re-opening, name of business, merchandise available, date of event, location of business and owner's name. These signs shall not include prices. Signs are not displayed more than two (2) weeks prior to the event and must be removed no more than one (1) week after the week. Signs shall not exceed thirty-two (32) square feet in area. C. Help Wanted Signs - Signs may be used to advertise help wanted provided: (1) Size shall not exceed (b) C-2 General Commercial and C-3 Regional Commercial District: 32 sq. ft. in area; and C-1 Select Commercial: 24 sq. ft. in area (2) Must be located on-site. D. Holiday Signs. Displays, including lighting, erected in connection with the observance of holidays. E. Portable Advertisements. A temporary portable sign used to advertise a permitted commercial, agricultural or non-profit use. (1) Shall be located on the same lot as the use. (2) Shall not exceed thirty-two (32) square feet. (3) Shall not be displayed for more than four (4) months in any one calendar year. F. Signs erected in connection with elections or political campaigns shall be permitted, provided: (1) The signs are unlighted or indirectly lighted; 152
(2) The sign area shall not exceed thirty-two (32) square feet; (3) The signs meet all applicable state and federal regulations; G. Real Estate Signs. (1) Signs containing the message that the real estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner or agent may not exceed size specifications for each district as listed below and shall be unlighted. (2) All real estate signs advertising property for sale, lease, or rental shall be removed within ten (10) days following the final sale, lease or rental of the property. (3) One (1) such sign per street frontage shall be permitted. Notwithstanding the foregoing, lots of five (5) acres or more in area may erect a second sign on every street frontage which is in excess of 400 (four hundred) feet. (4) Real Estate signs shall not exceed the following area requirements in the respective districts: (a) (b) (c) A-1 Agriculture-Rural, V-C Village Conservation, T-T Town Transition, and All Residential Districts: Four (4) square feet in area. C-1 Select Commercial, C-2 General Commercial, C-3 Regional Commercial, IS-1 Institutional and Select Industrial, LB-1 Light Business and Institutional and LB-2 Light Business and Residential Districts: 32 square feet in area. I-1 Light Industrial and I-2 Heavy Industrial Districts: 40 square feet in area. H. Temporary Signs Advertising a Merchandise Sale. Merchandise sale signs which are temporary in nature are permitted in nonresidential districts without obtaining a permit if the business does not exceed the overall maximum sign area allowed for the property under this Chapter. (1) Notwithstanding the foregoing, if the property owner seeks to exceed the maximum allowable signage, then the Zoning Administrator may grant a temporary permit for such use. (2) Temporary sale signs must be removed within fifteen (15) days after they are erected. (3) Banners may be used to advertise a sale provided: (a) (b) Not more than two (2) banners may be displayed on any lot at any one time. No banner shall exceed twenty-four (24) square feet in size. (c) Banners are displayed no more than two (2) weeks at a time and six (6) times in any one year period. I. Signs attached temporarily to the interior of a building window or glass door. 153
(1) Such signs, individually or collectively, may not cover more than seventy-five (75) percent of the surface area of the door or the transparent portion of the window to which they are attached. (2) Such signs shall be removed within fifteen (15) days after they are erected. J. Garage or Yard Sale Signs. 1. Garage or yard sale signs shall not exceed four (4) square feet in area. 2. One such sign per street frontage shall be permitted. 3. Signs shall not be displayed more than five (5) days prior to the event and shall be removed within five (5) days after the event. Section 225-126. Outdoor Advertising Structures. A. Outdoor advertising structures, as defined in Article II (see Sign definition) of this Chapter, shall not be erected within 660 feet of the right-of-way line of the following primary federal-aid highways: (1) United States Route 50 (West): east side of the highway from the Salisbury corporate limits to the Dorchester County line; and west side of the highway from Rockawalkin Road to the Dorchester County line. (2) United States Route 50 (East): both sides of the highway from the Salisbury corporate limits to the Worcester County line. (3) United States Route 13 (South): both sides of the highway from the Fruitland corporate limits to the Somerset County line. (4) United States Route 13 Bypass (East): east side of the highway in its entirety; west side of the bypass from the beginning of the southerly end to the beginning of the commercial district at the northerly end. (5) Maryland Route 12 (Snow Hill Road): both sides of the highway from the City of Salisbury corporate limits to the Worcester County line. (6) The US Route 50 Bypass both sides of the highway in its entirety from U.S. Route 13 Business west to U.S. Route 50 West. B. No outdoor advertising structure shall be erected without a sign permit issued by the Wicomico County Building Inspector. All such structures shall conform to the following minimum requirements: (1) Setback. All structures shall be set back not less than one hundred (100) feet from the property line facing a public road or one hundred fifty (150) feet from the centerline of said road, whichever distance is the greater. (2) Spacing. Such structures shall not be less than two thousand (2,000) feet from the next nearest outdoor advertising structure. (3) Structure type. Such structures shall be limited to back-to-back, V-structures and double-faced, which shall include double structures joined by a mutual or attached frame, provided that the same shall be considered one structure as defined herein. 154
(4) Sign area. The maximum sign area permitted for each face of the structure shall not exceed three hundred (300) square feet, and the trim surrounding each sign area shall not exceed ten (10) inches on any side. (5) Distance from residential district. No outdoor advertising structure may be erected within one hundred (100) feet of any dwelling located in an adjacent residential district if such sign is visible from such dwelling. (6) Lighting. All outdoor advertising structures, where lighted, shall be indirectly illuminated. (7) Height. No such structure shall exceed a maximum height of thirty (30) feet above the ground. (8) Nonconforming outdoor advertising structure. Outdoor advertising structures existing on the effective date of this Chapter which do not conform to the provisions set forth herein shall become nonconforming. Section 225-127. Permitted Permanent Signs. The following signs on the premises of the business advertised may not be erected without a permit from the Wicomico County Building Inspector and shall conform to the following location, area and other requirements: A. In all Residential Districts and all Resource Conservation Districts, no sign exceeding four (4) square feet in surface area or located within a line two (2) feet from the curb line, or the property line, whichever distance is greater, will be permitted. (1) The uses for which such sign may be located shall be: (a) (b) (c) (d) (e) (f) (g) (a) Bed and Breakfasts and Country Inns Care homes Child and elderly care homes Nursery schools. Places of Religious Assembly Schools of special instruction Similar uses permitted in a residential district or resource conservation district, either as a permitted use or a special exception use. (2) A sign greater than four (4) square feet in surface area for the above-listed uses shall require a special exception by the Board of Appeals. B. Freestanding Signs. One (1) freestanding sign is permitted in the Commercial, Institutional, Business and Industrial districts and CID and PIP subject to such limitations as specified herein: (1) Pedestal signs. Pedestal signs, which are those supported by not more than two (2) posts or poles, are permitted as a freestanding sign provided: Said post or poles shall be not larger than eighteen (18) inches square or in diameter; 155
(b) Said sign may be located within the building setback area, but shall be located no closer than two (2) feet from the curbline, if existing, or property line as measured along a line extended vertically from that point on the ground surface. (c) Such signs shall not be higher than thirty (30) feet or lower than ten (10) feet above the ground; and (2) Ground Signs. Ground signs, are permitted as a freestanding sign, provided: (a) Such signs are self-supporting (b) (c) (d) Such sign may be located not closer than the greater distance from the street of: [1] fifteen (15) feet to the front property line; or [2] ten (10) feet to an existing sidewalk or sidewalk reservation area. Such signs shall be limited in height to a maximum of thirty (30) feet; and Any sign other than a pedestal sign, or other sign specifically defined herein, which extends from the ground independent of any other structure shall be considered a ground sign. (3) C-1 Select Commercial and LB-2 Light Business and Residential District. One (1) freestanding sign is permitted. (a) (b) Sign Area. [1] Such sign shall not exceed twenty-four (24) square feet in area. [2] Notwithstanding the foregoing, corner lots having a minimum of one hundred (100) feet of street frontage may install one indirectly illuminated freestanding sign not exceeding forty-eight (48) square feet in area in lieu of preceding signage; and [3] In an LB-2 Light Business and Residential District: [a] the total sign area permitted for all on-site signage shall not exceed fifty (50) square feet. [b] the freestanding sign area shall not exceed twenty-five (25) square feet, with no dimension greater than six (6) feet in length or width, setback five (5) feet from the property line, and no higher than nine (9) feet. Freestanding signs must be set back fifteen (15) feet from the property line or ten (10) feet from the existing sidewalk or sidewalk reservation. (4) LB-1 Light Business and Institutional, C-3 Regional Commercial, I-1 Light Industrial and I-2 Heavy Industrial Districts: One (1) on-site, freestanding sign is permitted, provided: (a) (b) Such sign shall not exceed sixteen (16) square feet in area for each twenty (20) linear feet of street frontage; and Such signs shall not exceed one hundred (100) square feet in total surface area. (5) C-2 General Commercial: One (1) on-site, free standing sign is permitted, provided: 156
(a) (b) Area: [1] Such sign shall not exceed one (1) square foot of area for each one (1) linear foot of street frontage. [2] Such sign shall not exceed sixty (60) square feet in total surface area. The maximum height of such sign shall be thirty (30) feet. (6) C-2 General Commercial, LB-1 Light Business and Institutional Districts: Each development proposed to be on property abutting the right-of-way of a major highway (Major highways include U.S. Route 50, the Salisbury Bypass and U.S. Route 13) shall be limited to one (1) freestanding, on-site commercial sign, provided: (a) (b) (c) (d) (e) Such sign shall not exceed an area of one hundred (100) square feet; Such sign shall not exceed a height to thirty (30) feet along that highway; and Said signs may be situated within the building setback requirements, but no part of the signs shall be closer than twenty (20) feet from the property line. Additional on-site commercial signs may be permitted by special exception by the Board of Appeals and shall meet the requirements of freestanding signs for a C-2 district. The location of each proposed, freestanding, on-site commercial sign shall be designated on a site plan, and a sketch showing the approximate dimensions and general appearance of the signs. (7) CID Corporate Industrial District (a) (b) One (1) freestanding sign, no larger than 100 square feet in total size of advertisement, may be located within the front setback requirement with approval of the Planning Commission. Signs shall: [1] Not project above the principal roof of a building, except that a sign may be attached flat against a wall not exceeding three (3) feet above such rooflines; and [2] Not exceed, in aggregate, one hundred (100) square feet. (8) PIP - Planned Industrial Park (a) (b) One (1) freestanding sign, one hundred (100) square feet in total size, or advertisement, may be located within the front yard, with approval of the Planning Commission. Signs shall: [1] Shall not project above the principal roof of a building, except that a sign may be attached flat against a wall, not exceeding three (3) feet above such rooflines, [2] Not exceed in aggregate one hundred (100) square feet. (9) Lighting. Indirect lighting of freestanding signs shall be designed in such a manner as to shine directly on the face of the sign and as to: 157
(a) (b) Prevent glare or hazard to motorists; and Not to disturb occupants of neighboring properties. C. Wall signs. Wall signs, placed against the exterior of buildings, are permitted in the C-1 Select Commercial, C-2 General Commercial, C-3 Regional Commercial, LB-1 Light Business and Institutional, LB-2 Light Business and Residential, I-1 Light Industrial and I-2 Heavy Industrial Districts as well as the CID and PIP provided: (1) Such signs shall not be located beyond the top of the wall on which they are located; and (2) Such signs shall meet the following regulations within each district. (a) C-1 Select Commercial, LB-2 Light Business and Residential: One (1) wall sign, is permitted, provided: (b) (c) (d) [1] Such sign shall not project more than nine (9) inches from the side of a building; and [2] C-1 Select Commercial: The sign area shall not to exceed one (1) foot of area per linear foot of street frontage or sixty (60) square feet, whichever is less. [3] In an LB-2 Light Business and Residential District: [a] one (1) wall sign shall be permitted not more than four (4) square feet in size. [b] the total sign area permitted for all on-site signage shall not exceed fifty (50) square feet. C-2 General Commercial, C-3 Regional Commercial and LB-1 Light Business and Institutional: One (1) wall sign, is permitted, provided: [1] Such sign shall not project more than nine (9) inches from the side of a building; and [2] The sign area shall not to exceed one (1) foot of area per linear foot of street frontage or sixty (60) square feet, whichever is less. I-1 Light Industry and I-2 Heavy Industry Districts: One (1) wall sign is permitted, provided: [1] Such sign does not to exceed sixteen (16) square feet in area for each twenty (20) linear feet of street frontage; [2] Notwithstanding the foregoing, such sign shall not exceed a maximum of one hundred (100) square feet or twenty percent (20%) of the wall on which it is located, whichever is less. CID Corporate Industrial District and PIP Planned Industrial Park: One (1) wall sign is permitted, provided: [1] Such signs shall not project above the principal roof of a building, except that a sign may be attached flat against a wall, not exceeding three feet above such rooflines. [2] CID Corporate Industrial District: such signs shall not exceed sixty (60) square feet. [3] PIP Planned Industrial Park: Such signs shall not exceed in 158
aggregate one-hundred (100) square feet. D. Projecting Signs. Projecting signs are permitted in the C-1 Select Commercial, C-2 General Commerical, and LB-2 Light Business and Residential Districts, provided: (1) One (1) projecting sign is permitted. (2) Said sign shall not extend more than seventy-two (72) inches from the front of the building; (3) Such sign shall not exceed twenty-four (24) square feet in area; (4) Projecting signs must be at least eight (8) feet from the ground; (5) If a projecting sign is suspended or projects above a public right-of-way, the issuance and continuation of a sign permit shall be conditioned on the sign owner obtaining and maintaining in force liability insurance for such a sign in such form and such amount as the county may reasonably from time to time determine. (6) In an LB-2 Light Business and Residential District the total sign area permitted for all on site signage shall not exceed fifty (50) square feet. E. Awning Signs. One awning sign may be permitted in a C-1 Select Commercial and LB-2 Light Business and Residential District under the following conditions: (1) No sign shall project from an awning. Awning graphics may be painted or affixed flat to the surface of the front or sides. (2) Awning graphics shall be a single line not exceeding six (6) inches in height. (3) No awning sign shall be internally illuminated. (4) In an LB-2 Light Business and Residential District the total sign area permitted for all on-site signage shall not exceed fifty (50) square feet. F. Directory Signs. Directory signs shall be permitted in Business Centers, Corporate Industrial Districts, and Planned Industrial Parks provided: (1) Such signs shall be limited in surface area to a maximum of twenty (20) square feet; and (2) Such signs shall not exceed a height of five (5) feet. (3) Such signs shall be setback fifteen (15) ft. from the back of the curb. Section 225-128. Specific Use Permanent Signage. Special limitations and regulations are applicable to the following uses, regardless of the district in which they are located. A. Agriculture Equipment Sales The following signs may be permitted by special exception for agriculture equipment sales: (1) Free-standing signs. One (1) freestanding sign is permitted only if the lot does 159
not contain one (1) directly illuminated projecting sign. (a) (b) Such sign shall not exceed twenty-four (24) square feet in area. Notwithstanding the foregoing, corner lots having a minimum of one hundred (100) feet of street frontage may install one (1) indirectly illuminated freestanding sign not exceeding forty-eight (48) square feet in area in lieu of preceding signage; and (2) Wall Signs. One (1) wall sign, is permitted, provided: (a) (b) Such sign shall not project more than nine (9) inches from the side of a building; The sign area is not to exceed the lesser of: [1] one (1) square foot of area per linear foot of street frontage; or [2] sixty (60) square feet. (3) Projecting signs. One (1) projecting sign is permitted only if the lot does not have one (1) freestanding sign. (a) (b) (c) Such sign shall not extend more than seventy-two (72) inches from the front of the building; Such sign shall not exceed twenty-four (24) square feet in area; Projecting signs must be at least eight (8) feet from the ground; (4) Awning Sign. One (1) awning sign may be permitted under the following conditions: (a) (b) No sign shall project from an awning. Awning graphics may be painted or affixed flat to the surface of the front or sides (c) Awning graphics shall be a single line or lettering not exceeding six (6) inches in height, but if over three (3) inches in height, shall be debited against the permitted wall sign surface area; (d) No awning sign shall be internally illuminated. B. Apartments. One (1) on-site, indirectly illuminated sign is permitted, per lot, identifying an apartment structure provided: (1) The lot shall have a minimum of one hundred (100) feet of street frontage; (2) The maximum height of the sign shall be six (6) feet; and (3) The sign area shall not exceed sixteen (16) square feet. C. Building of Public or Semi-Public Nature. One (1) on-site indirectly illuminated sign shall be permitted in conjunction with a building of a public or semi-public nature provided: (1) The maximum height of the sign shall be six (6) feet; and (2) The sign area shall not exceed thirty-two (32) square feet. D. Farm Related Business. One (1) sign is permitted for a Farm Related Business provided: 160
(1) The sign area shall not exceed thirty-two (32) square feet; and (2) The sign height shall not exceed twenty (20) feet. E. Home Based Business. One (1) sign, is permitted for a Home Based Business Type I & II and III, provided: (1) Such sign shall not exceed four (4) square feet in area; and (2) Such sign is mounted flush with and on the front facade of the dwelling unit. F. Multi-family Buildings. Signs located on Multi-Family buildings are subject to the following standards: (1) One (1) ground sign may be permitted, provided: (a) (b) (c) (d) Such sign is no larger than twenty-five (25) square feet; No dimension is greater than six (6) feet in length or width; Such sign is set back five (5) feet from the property line; and The maximum height shall not exceed nine (9) feet. (2) One (1) wall sign shall be permitted not more than four (4) square feet in size. G. Outdoor Community Events. (1) An outdoor community event, as determined by the Zoning Administrator, may locate banners, flags and pennants provided: (a) (b) (c) (d) (e) A permit is obtained containing the date of the event. These signs may be displayed: [1] for non-profit organizations: no more than four (4) weeks prior to the event [2] for all other organizations: no more than one (1) week prior to the event and All signs must be removed no more than ten (10) days after the event. These signs must be located on-site. The event occurs no more than once a year. (2) An outdoor community event, as determined by the Zoning Administrator may display off-premise signs provided: (a) (b) (c) (d) (e) Written permission is obtained from the property where the sign is to be located and is provided. A permit is obtained stating location, wording and date of event. Sign information must be limited to event name, date, location and sponsor. No more than four (4) signs per event may be erected. Signs may not exceed thirty-two (32) square feet in area per sign. They may be erected no more than four (4) weeks prior to the event and must be removed no more than ten (10) days after the event. H. Shopping Centers. Signs permitted in a shopping center shall be limited as follows: (1) Each shopping center shall be permitted no more than two (2) freestanding 161
signs: (a) Height: 25 feet (b) Maximum surface area: 100 square feet. (c) Setback: 20 feet to any property line. (2) No lighted sign shall shine directly into adjacent residential properties. (3) All signs within the center shall be controlled by written agreement between the owners and tenants of the center, so as to avoid excessive advertising and to ensure an attractive and harmonious appearance throughout the center. (4) Only one flat wall identity sign shall be permitted for each operating business establishment, whether lighted or unlighted. (a) (b) (c) Maximum surface area: 30% of the front building surface of the establishment. Such sign shall be mounted flush with the building. All individual signs shall be located within the same horizontal plane on the building facade. (5) Shopping centers in C-3 Regional Commercial District may use banners to advertise a sale provided: (a) Not more than four (4) banners may be displayed on any lot at any one time. (b) No banner shall exceed twenty-four (24) sq. ft. in size. (c) They are displayed no more than two (2) weeks at a time and six (6) times in any one (1) year period. I. Wayside Stands. One (1) sign relating to a wayside stand is permitted provided: (1) Such sign shall not exceed height of twenty (20) feet. (2) Area. (a) (b) Such sign shall not exceed thirty-two (32) square feet in area. Notwithstanding the foregoing, if such sign is mounted on the wall of the stand, only (1) wall sign shall be permitted, which shall have an area of the lesser of: [1] Maximum 32 square feet; or [2] ten percent (10%) of the wall area of the side of the building closest to the public right-of-way. (3) Location: (a) (b) (c) Such sign shall be set back a minimum distance of fifteen (15) feet from the right-of-way. Shall be erected within one hundred (100) feet of building, vehicle or area of general display; and No sign shall be erected within thirty-five (35) feet of a corner in order to provide clear view to motorists at intersections. (4) All nonconforming signs relating to legal nonconforming wayside stands as herein defined shall be made to conform within three (3) years of the effective date of this Chapter. 162
J. Subdivision Signs. One (1) sign identifying a residential subdivision is permitted (1) Height. Such signs shall not exceed height of five (5) feet. (2) Area. Such sign shall not exceed twenty (20) square feet in area. (3) Setback. Such sign shall be setback fifteen (15) feet from the back of the curb or the property line of the public roadway. (4) Any sign located within the public right-of-way shall require the approval of the Wicomico County Department of Public Works. Section 225-129. Master Signage Plan. A. A master signage plan shall be required for any proposed shopping center, planned business center, industrial park, or other commercial, business, institutional or industrial development that involves approval of a development plan. No permit shall be issued for an individual sign unless and until a Master Signage Plan has been approved by the Planning Commission or Board of Appeals. B. Information Required. A Master Signage Plan shall contain the following information: (1) An accurate plot plan of the proposed development site, at such scale as the Zoning Administrator may reasonably require; (2) Location of buildings, parking lots, driveways, and landscaped areas; (3) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed in the district under this Chapter; and (4) An accurate indication on the site plan of the proposed location of each sign of any type, whether requiring a permit or not, except that incidental signs need not be shown. (5) Proposed standards for consistency among all signs affected by the Master Signage Plan with regard to: (a) (b) (c) (d) (e) (f) Color scheme; Lettering or graphic style; Lighting; Location of each sign on the buildings; Material; and Sign proportions. C. No permit shall be issued for a sign included in a master signage plan that does not conform to the standards of the approved plan. A master signage plan may be amended at anytime. 163
Section 225-130. Purpose. ARTICLE X OFF-STREET PARKING AND LOADING In order to facilitate the movement of emergency vehicles, to lessen congestion in the streets, to prevent obstructing traffic and blocking streets, alleys and entrances to buildings, the following regulations are established. Section 225-131. Access. Access to lots shall be provided as follows in a C-1 Select Commercial, C-3 Regional Commercial, LB-1 Light Business and Institutional and LB-2 Light Business and Residential Districts: A. Access to the development shall be provided only in such a manner as will not cause traffic congestion nor aggravate existing congestion. B. Direct access onto a street or major highway shall be reduced or eliminated wherever the approving authority determines that alternative or unified points of access are available to a site resulting in better traffic flow and less traffic congestion. Section 225-132. Minimum Dimensions for Maneuvering Space. Minimum dimensions for off-street parking and maneuvering space or driveways thereto shall be: A. Ninety-degree angle parking. When provided, each parking space shall meet the following requirements: (1) A minimum of nine (9) feet wide. (2) A minimum of nineteen (19) feet in length. (3) Maneuvering space or driveways thereto shall be not less than twenty-four (24) feet wide when measured perpendicular to the parking or building line. B. Sixty-degree angle parking. When provided, each parking space shall meet the following requirements: (1) A minimum of nine (9) feet wide perpendicular to the parking angle (2) A minimum of twenty-one (21) feet in length when measured at right angles to the building or parking line. (3) Maneuvering space or driveways thereto shall be not less than sixteen (16) feet wide when measured perpendicular to the parking or building line. C. Forty-five-degree angle parking. When provided, each parking space shall meet the following requirements: (1) A minimum of nine (9) feet wide perpendicular to the parking angle (2) A minimum of twenty (20) feet in length when measured at right angles to the building or parking line. (3) Maneuvering space or driveways thereto shall be not less than fifteen (15) feet 164
wide when measured perpendicular to the parking or building line. Section 225-133. General Off-street Parking Requirements. A. No land shall be used or occupied, no structure shall be designed, erected or expanded, used or occupied and no use shall be operated unless the off-street parking space herein required is provided. (1) Any change in the existing use of land to another use shall provide the required parking for the new use. See section 225-36 for allowance to reduce the required parking. (2) Any expansion of the building or land area of the existing use shall require the additional parking as required for the area of any such expansion. B. Off-street parking facilities shall be on the same lot or parcel of land as the structure they are intended to serve, unless it meets the requirements of 225-136 allowing for crosseasements and shared facilities. C. Whenever a building permit and/or Zoning Authorization has been granted based on plans containing off-street parking space provisions, failure to continually provide such parking, shall be considered a violation of this Chapter. D. A maximum of fifty percent (50%) of the required off-street parking for places of noncommercial assembly may be met by using parking facilities which normally serve business if: (1) Said business operates only during daytime hours; (2) Said parking facilities are within three hundred (300) feet of a place of public assembly; and (3) A signed agreement between all parties is approved by the County Attorney and filed in the Land Records of Wicomico County. E. Connection to Public Right-of-Way. All off-street parking areas that make it necessary for vehicles to back out directly into a public road, street or highway are prohibited except for single-family dwellings. Individual dwelling units which are contiguous within a residential structure and which have their own individual driveway shall be considered as a single-family dwelling for the purpose of this parking requirement. F. No parking area shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies. G. All off-street access or parking facilities for more than five (5) cars and associated accessways shall be: (1) Paved with permanent, all-weather materials of either tar and stone, bituminous asphalt or concrete; however, the Board of Appeals or the Planning Commission by Special Exception may permit an alternative surface treatment method which allows for the use of pervious materials and natural drainage. (2) Drained so as to prevent damage to or erosion on abutting properties or public streets, (3) Lighted if parking facilities are to be used at night; (4) Periodically maintained by the owner in accordance with specifications herein 165
required; (5) Arranged for convenient access and safety of pedestrians and vehicles; and (6) Located as follows: (a) In an R-8 and R-15 Residential Districts, and I-2 Heavy Industrial District: At least ten (10) feet from any property line. (b) In an R-20 and R-30 Residential Districts and I-1 Light Industrial District: [1] Front lot line and all abutting residential districts; 20 feet [2] All other lot lines: 10 feet (c) In all other districts: five (5) feet from any property line. (7) Each automobile parking space shall be: (a) Appropriately marked (b) Not less than 170 square feet of the appropriate dimensions for the parking of an automobile, exclusive of the access drives. (8) The type of permanent all-weather materials required above in paragraph 1 for paving off-street driveways and/or parking facilities for more than five (5) cars may, by special exception, be constructed of a porous paving system and/or pervious paving materials, subject to the following conditions: (a) The use proposed is of an intermittent, low intensity or seasonal nature. (b) (c) All parking spaces required by law to be reserved for use of handicapped individuals shall be constructed of either tar and stone, bituminous asphalt, or concrete. All other provisions of this section, not inconsistent with this subsection, shall be applicable. H. In parking areas containing ten (10) or more parking spaces: (1) Up to twenty percent (20%) of the parking spaces may contain an area no less than 7 ½ feet in width by fifteen (15) feet in length. (2) If such spaces are provided, they shall be conspicuously designated as reserved for small or compact cars only. I. For the purpose of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twentyfour (24) lineal inches of benches, pews, or space for loose chairs. Section 225-134. Off-Street Parking Requirements for Individual Districts. In addition to the general offstreet parking requirements listed in 225-133 above, parking in the following districts shall be provided as follows: A. In the A-1, V-C, and Residential Districts, the following standards shall apply for the following large vehicles: (1) Specialized vehicles such as recreational vehicles, campers, boats and boat trailers may be parked or stored in all residential districts under the following conditions: (a) That such vehicles may not be occupied for more than seven (7) days in any ninety (90) day period. (b) That the location of the parking or storage area shall be in the buildable area of the lot. (2) Commercial Vehicles: 166
(a) (b) Commercial vehicles may be parked overnight in a residential district, provided: [1] There is no more than one (1) such vehicle per each residential lot; and [2] Such vehicle is not parked in a front setback requirement or in front of a residential dwelling; and [3] The motor vehicle has a gross vehicle weight of less than fifteen thousand (15,000) pounds gross vehicle weight. Notwithstanding the foregoing, the following may not be parked overnight in a residential district: [1] A tractor-trailer, truck and motor vehicle having a gross vehicle weight of more than fifteen thousand (15,000) pounds gross vehicle weight or [2] Any vehicle with a refrigeration unit. (3) In an REC district, off-street parking may not be located in the front yard or in front of the principal structure, whichever is more restrictive. B. In an LB-2 District, parking areas for more than two (2) vehicles or loading and unloading areas shall be: (1) Located in the side and rear setback requirements, and (2) No closer than ten (10) feet to any other property lot line. C. In the V-C and Residential Districts, no motor vehicle, whether operable or inoperable, shall be parked in the front yard of any residence unless the same shall be positioned in a driveway or designated stabilized parking area with direct access to a public street. Section 225-135. Number of Spaces Required. A. In the case of any building, structure or premises, the use of which is not specifically mentioned in this Article, the provisions for any similar use, as determined by the Zoning Administrator, shall apply. B. When determination of the number of parking spaces required results in a requirement fractional space, any fraction shall be counted as one parking space. C. Unless otherwise specified elsewhere in this Chapter, parking requirements according to use shall be as shown in the following table: 167
Table of Minimum Parking Requirements USE Generally Farm Related Business Farmers Market Wayside Stand Generally Firehouse OFF-STREET PARKING REQUIREMENT Agricultural As determined by Zoning Administrator according to comparable standards. Provided for as determined by the approving authority. Truck parking shall be limited to trucks used by the farm or in the farm occupation One (1) parking space per two hundred (200) square feet of market floor area, except that paved parking facilities shall not be required. One (1) parking space per two hundred (200) square feet of wayside stand, with a minimum of two (2) parking spaces Emergency Services As determined by Zoning Administrator according to comparable standards. 1.0 space for the Fire Marshal, plus 1.0 space for the Fire Chief, plus 2.0 spaces per shift of regularly employed fire fighters If an assembly hall is associated with the firehouse, then one (1) additional space per 100 sq. ft. GFA shall be provided. Commercial - Retail and Wholesale Generally Appliance and Equipment Retail, Service, Wholesale Store Convenience Store Convenience Store w/ Fuel Sales Furniture Stores Restaurant As determined by Zoning Administrator according to comparable standards. 2 spaces per every 1,000 sq. ft. GFA, plus 1 space per every 300 sq. ft. GFA over 1,000 sq. ft. GFA. 1 spaces per every 250 sq. ft. GFA 1 space per 250 sq. ft. GFA plus one space per pump 1 space per 500 sq. ft. GFA, plus 1 space per employee on maximum shift - Drive-Thru and Fast Food 1 space per 4 seats, plus 1 space per 2 employees on maximum shift. - Standard 1 space per 3 seats, plus 1 space per employee on the maximum shift Retail Store 1 space per 200 sq. ft. GFA Shopping Centers: - Community 1 per 225 sq. ft. GFA - Neighborhood 1 per 225 sq. ft. GFA - Regional 1 per 225 sq. ft. GFA 168
Grocery/food Store (Super Market) Wholesale Establishment Generally Bar, Pub, Tavern Beauty Parlor Financial Institutions Funeral Home or Mortuary Hotel, Motel, Country Inn Laundromat / Dry Cleaners Medical Clinic or Dispensary, Doctor's Office Nightclub Office Building, Professional Building or Similar Use Veterinary Clinic Generally Industrial Buildings Research Centers 1 space per 200 sq. ft. GFA 1 space per 200 sq. ft. GFA Commercial - Service As determined by Zoning Administrator according to comparable standards. 1 space per 2 seats, plus 1.0 space per 3 employees 2 spaces per operator chair plus 1.0 space for every 2 waiting area chairs 1 space per 200 sq. ft. GFA 35 spaces per viewing room, plus 1 space per business vehicle, plus 1 space per employee. 1.1 space per room, plus 1 spaces per 2 employees on maximum work shift 1 space per 2 machines used in operation of the business 4 spaces per doctor, plus 1 additional space per 2 employees 1 space per 2 seats 1 space per 200 sq. ft. GFA 1 space per 400 sq. ft. floor space in office, with a 4 space minimum Industrial As determined by Zoning Administrator according to comparable standards. 1 space per 2 employees for the largest shift 1 space per 1,000 sq. ft. GFA Institutional Civic Club, Private Club, Lodge, Library, Museum Places of Assembly 1 space per 200 sq. ft. GFA, plus 1 space per employee. 1 space per 3 seats Hospital 1 space per 5 rooms, plus 1 space per staff doctor, to include 1 additional space per 3 employees regularly employed All parking areas shall be located at least fifty (50) feet from any adjacent residential district School, Nursery 6 spaces, plus 1 space per 2 employees and one off-street unloading and loading area School, General 1 space per teacher plus 1 space for each regular employee, plus 1 space for each 5 students in grades 10-12. Schools of Special Instruction 1 space per 150 sq. ft. GFA, plus 1 space per 3 employees Generally Motor Vehicle-Related Sales and Service Operations As determined by Zoning Administrator according to comparable standards. 169
Motor Vehicle Filling Stations 1 space per gasoline pump, plus 2 additional spaces, plus 1 space per employee Motor Vehicle Repair Garage 1 space per 200 sq. ft. GFA, excluding retail sales area which shall meet the requirements for that use, plus 1 space per employee. Public and Semi-Public Facilities Generally As determined by Zoning Administrator according to comparable standards. Bus terminal 1 space per 200 sq. ft. GFA, plus 1 space per employee and 1 space for regularly scheduled buses Recreation, Amusement, Entertainment Generally Billiard Hall Bowling Alley As determined by Zoning Administrator according to comparable standards. 4 spaces per 1,000 sq. ft. GFA 3 spaces per bowling lane, plus 1 space per employee Campgrounds Three (3) off-street parking spaces designated for each two (2) campground sites. Such parking may be provided in common areas or on individual sites. Golf Course 6 per hole Health Club 1 space per every 100 sq. ft. GFA, plus 1 space per every 2 employees. Marina 0.5 spaces per slip Miniature Golf Swimming Pool, Indoor Commercial Theater, Auditorium, Stadium, Arena Generally Accessory Apartment Bed and Breakfast Day Care Center, Group Dwellings 1.0 space per hole - Single-family, Two-family 1.0 space per unit - Multifamily 1.0 space per 4 persons, up to capacity 1.0 space per 3 seats of the maximum seating capacity. Residential 1 bedroom units 1.5 spaces per unit 2 bedroom units 2.0 spaces per unit 3+ bedroom units 2.5 spaces per unit Group Homes As determined by Zoning Administrator according to comparable standards. 1.0 space per bedroom, space shall not be located in the front yard 1.0 space per guest room plus 1.0 spaces per owner's unit 1.0 space per 7 children, plus 1.0 space per staff person 1.0 space per staff person, plus 1.0 space per 2 occupants 170
Guest rooms Home Based Business 1.0 space per guest room, provided that said space shall not be provided in the required front yard Type I No additional parking beyond what is required for the residential use. Except there shall be no allowance to back out directly into a public road. Type II & III Three (3) hard, dust-free parking areas located outside of the front yard. Parking may only be permitted in a required side yard if fully screened from abutting properties. Except there shall be no allowance to back out directly into a public road Retirement Housing Complex 1.0 space per 3 living units, plus 1.0 space per employee Manufactured Home Park Nursing or Convalescent Care Facility Table of Minimum Parking Requirements Notes: GFA = Gross Floor Area GLA = Gross Leasable Area Sq. Ft. = Square Feet Two (2) spaces per manufactured home site. One (1) space may be permitted on each manufactured home site if the second space is provided in a common parking area which shall be within reasonable walking distance of the individual manufactured home site. Where the common parking area is provided on-street, it shall be limited to one (1) side only and the paved portion of the roadway widened an additional nine (9) feet. 1.0 space per 5 rooms, plus 1.0 space per employee Section 225-136. Flexibility in Administration Required. The County recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in Section 225-135C, Number of Spaces Required, may result in a development either with inadequate parking space or parking space in excess of its needs. Alternative off-street parking standards may be accepted if the applicant can demonstrate that such standards better reflect local conditions and needs. A. Without limiting the generality of the foregoing, the Planning Commission or the Board of Appeals may by special exception allow deviations from the parking requirements set forth in 225-135C, Number of Spaces Required when it finds that: (1) A residential development is irrevocably oriented toward the elderly. (2) A business is primarily oriented to walk-in trade. (3) Change in Circumstances. The number of parking spaces may be reduced, if the applicant can prove that, by reason of reduction in floor area, seating area, number of employees, change in use of the property or change in other factors controlling the regulation of the number of parking spaces, the proposed reduction is reasonable and consistent with the regulations of this Chapter. (4) The Board of Appeals or Planning Commission may approve parking off the lot which it is to serve if: (a) Cooperatively shared or individually established and operated facilities 171
(b) are in place, and [1] The number of spaces designated is not less than the sum of individual requirements; and [2] The other requirements in regard to off-street parking are met. Off-street parking facilities may be provided on a lot or parcel of land other than that property on which the structure is located if said property and its use is recorded in the Land Records of Wicomico County at the expense of the owner which: [1] Does not permit said property to be used for building purposes; or [2] Assures the continuation of said parking in conjunction with the proposed use. Section 225-137. Stacking Lanes. All drive-in or drive-thru facilities for any permitted or accessory use shall conform to the following standards: A. Off-street stacking lanes shall be provided for at least sixty (60) feet in length from the leading edge of each drive-in or drive-through facility entrance. B. Stacking lanes shall be at least eleven (11) feet in width, exclusive of any accessway or maneuvering area required by this Chapter. C. Stacking lanes shall not be located in either parking spaces or areas as required by this Chapter nor be arranged so as to block access to any required parking spaces. Section 225-138. Off-street Loading and Unloading. A. After the effective date of this Chapter, no land shall be used or occupied, nor shall any structure be designed, erected, expanded, used or occupied, and no use shall be operated, unless off street loading requirements herein required are provided. B. Specific requirements of loading and unloading spaces. (1) The following shall provide a minimum of one (1) truck loading or unloading space: (a) Buildings intended or designed for use as: [1] manufacturing, [2] warehouse, or [3] wholesale stores. (b) Hospitals that contain a gross floor area of fifteen thousand (15,000) square feet but less than forty thousand (40,000) square feet. (c) Shopping Centers. one (1) off-street loading and unloading space for each twenty thousand (20,000) square feet of aggregate floor space for all shopping center establishments (d) Schools, General Instruction. One (1) off street loading and unloading area shall be provided. (2) One additional space shall be provided for the above listed uses for each additional sixty thousand (60,000) square feet of gross floor space. (3) Each loading or unloading space shall be a minimum size of twenty-five (25) feet by fifteen (15) feet with a fourteen (14) foot overhead clearance. Larger vehicles 172
will require larger spaces. C. The off-street loading facilities shall: (1) In all cases, be provided on the same lot or parcel of land as the structure they are intended to serve, and (2) In no case shall said off-street loading space be part of the area used to satisfy the off-street parking requirements of this Chapter. D. Service Drives. Service drives and loading and unloading areas shall be located so that, in the process of loading and unloading, no truck shall block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation. ARTICLE XI LANDSCAPE, SCREENING, AND SENSITIVE AREAS STANDARDS Part I Landscape Standards Section 225-139. Landscaping Requirements. A. General Requirements. (1) All areas not devoted to buildings, structures, and related uses (including parking facilities) as required by this Chapter shall be landscaped with a combination of grass or other ground cover and either trees or shrubs as provided herein; (2) All landscaped areas shall be maintained in a suitable manner; (3) The total linear amount of property lines or perimeter of the development site of each lot shall be used as a guide to compute the amount of plantings as required. (4) Landscaping/screening buffers on commercial and industrial sites should be of sufficient width to allow incorporation of a berm. B. Landscaping of C-1 Select Commercial District. Lots located in the C-1 District shall have the following landscaping requirements: (1) The following land areas, except for accessways, shall be landscaped: (a) (b) (c) Front: Fifteen (15) feet in width abutting all property lines abutting a street Side: Five (5) feet in width abutting all side property lines. Rear: Ten (10) feet in width abutting all rear property lines. (2) Abutting residential districts: a screening area of ten (10) feet in width. C. Landscaping of C-2 General Commercial District. Lots located in the C-1 District shall have the following landscaping requirements: (1) The following land areas, except for accessways, shall be landscaped with grass, trees or shrubs: (a) (b) Front: Five (5) feet in width abutting all property lines abutting a street Side: Five (5) feet in width abutting all side property lines. 173
(c) Rear: Ten (10) feet in width abutting all rear property lines. (2) Abutting residential districts: a screening area of ten (10) feet in width consisting of landscaping and a solid decorative fence or natural evergreen plantings shall be provided. D. Landscaping of LB-1 Light Business and Institutional District. (1) Substantial amenities such as landscaped setbacks, high quality appearance and the like should be provided. (2) The following land areas, except for accessways, shall be landscaped with grass, trees or shrubs: (a) (b) (c) Front: Five (5) feet in width abutting all property lines abutting a street Side: Five (5) feet in width abutting all side property lines. Rear: Ten (10) feet in width abutting all rear property lines. (3) Abutting residential districts: a screening area of ten (10) feet in width consisting of landscaping and a solid decorative fence or natural evergreen plantings shall be provided. E. Landscaping of LB-2 Light Business and Residential District. Lots located in the LB-2 District shall be subject to the following landscaping requirements: (1) The following land areas, except for accessways, shall be landscaped as required by the Planning Commission: (a) Front: Thirty (30) feet in width abutting all property lines abutting a street (b) Side: Five (5) feet in width abutting all side property lines. (c) Rear: Ten (10) feet in width abutting all rear property lines. (2) Abutting a residential district: a screening area of ten (10) feet in width, abutting the property line, consisting of an architecturally solid fence of not less than eight (8) feet in height, with complementary landscaping on both sides of the fence. F. Landscaping for Industrial Properties I-1 and I-2. (1) Front: Fifteen (15) foot wide area abutting the property line. (2) Side/rear: Ten (10) foot wide area abutting the property line. (3) In addition to the Landscaping provisions set forth within this Article, lots located in the I-2 district shall be provide landscaping for twenty (20) feet of the required front yard abutting all front setback lines. G. CID. Corporate Industrial District Floating District. (1) At a minimum, landscaping shall be provided: (A) Front: Thirty (30) Feet Abutting The Property Line; And, (B) Side/Rear: Twenty (20) Feet Abutting The Property Line. (2) Such landscaping should be well designed to create the effect of a high-quality corporate campus. 174
H. PVCD. Planned Village Conservation District. (1) The applicant shall submit, to the Planning Commission, a comprehensive landscape master plan for all areas of the village identifying the location and size of both the existing vegetation to be retained and proposed new vegetation, typical planting materials, the phasing of landscape installation, and planting methods. (2) Street Trees In Residential Districts: One (1) tree for every forty feet of street frontage. I. PUD. Planned Unit Development. (1) The applicant shall submit, to the Planning Commission, a comprehensive landscape master plan for all planted areas including open space areas and peripheral buffers. The landscape master plan shall identify the location and size of both existing vegetation to be retained and proposed new vegetation, typical planting materials, the phasing of landscape installation, and planting methods. (2) Street trees in residential districts: One (1) tree for every forty feet of street frontage. J. PIP. Planned Industrial Park. All areas of the parcels or area not improved for use by vehicles or covered by a structure, structures, building or buildings shall be landscaped with grass or other ground cover and trees and shrubs or as may be required by the Planning Commission. Section 225-140. Plan Requirements for Landscaping and Screening. A. Applicability. A master landscaping plan or screening plan, prepared by a qualified professional, meeting the standards of this part is required for any development, except applications involving a detached single family dwelling unit requiring only a zoning authorization and building permit. The homeowners or property owners association covenants and restrictions shall include, by reference, a proposed plan for landscaping improvements for single-family subdivisions. Said improvements shall be completed and maintained in accordance with the provisions of those documents. B. A master landscape or screening plan shall consist of one (1) or more sheets drawn to scale or combined with a site plan and shall include the following information: (1) The approximate location and footprint of all proposed buildings, structures, special natural features and facilities on the site and proposed landscaping areas. 175
(2) A tabular summary of type of species, height, diameter, and quantity of shrubbery and trees, including street trees, to be planted within landscaped or screening areas. (3) The height, length, type and location of fencing and related planting areas to be used for screening purposes. (4) Location of underground and overhead utilities. (5) The continuity of proposed open space with adjacent and other nearby open spaces, existing or proposed. C. The plan shall be consistent with the specific requirements of a site plan or development plan or the specific requirements for the type of development proposed. D. Manufactured Home Park Landscape Plans: (1) A landscaping plan for a Manufactured Home Park shall be submitted in accordance with Item B above. (2) The Planning Commission may waive the requirement of a qualified professional where there are six (6) lots or fewer and where existing vegetation may accomplish the same effect. Where this requirement is waived, a competent nurseryman may be used as an alternate. (3) Buffer screening shall be provided around the perimeter of the park. (4) The Planning Commission, may also require any combination of the following: (a) Retention of existing trees. (b) A five-foot-high fence. (c) Berm. Section 225-141. Landscaping Materials. A. Whenever landscaping is required, it shall consist of, as a minimum a combination of grass, trees and shrubs including the species and types listed below at the sizes specified, arranged in such a manner as to complement the proposed structure or project and its surrounding nearby neighborhood. B. All such materials may be randomly placed on the site. C. Landscaping shall emphasize native species trees, shrubs, and grass to reduce maintenance, to help ensure longevity, and to reinforce the natural character of the area. D. Species should be selected partly on the basis of their visual appeal during different seasons of the year. E. Any applicant may incorporate and combine the mitigation requirements for meeting the provisions of the County s Forest Conservation Act, the Chesapeake Bay Critical Area Program, and the State s Non-Tidal Wetlands Act with these provisions. (1) The Planning Commission or Board Of Appeals may approve such mitigation plans as a substitute for compliance with these conditions. (2) Any plan may also use existing trees to count toward the requirements of these guidelines. 176
Section 225-142. Acceptable Trees and Shrubs. A. Agricultural uses in any district shall be excluded from these provisions. PLANT MATERIAL CALIPER/SIZE AT PLANTING (MINIMUM) TWO-FAMILY/ MULTI- FAMILY NUMBER TO BE PLANTED MANUFACTURED HOME PARK COMMERCIAL DISTRICTS LIGHT INDUSTRIAL AND INDUSTRIAL DISTRICTS SHADE TREES 1 INCH/6 FT. 1 PER 100 FT. OF PERIMETER 1 PER 100 FT. OF PERIMETER 1 PER 50 FT. OF PERIMETER 1 PER 50 FT. OF PERIMETER DECORATIVE TREES EVERGREEN TREES 1 INCH/4 FT. NONE NONE 1 PER 50 FT. OF PERIMETER 4 FT. NONE NONE 1 PER 100 FT. OF PERIMETER 1 PER 75 FT. OF PERIMETER 1 PER 150 FT. OF PERIMETER EVERGREEN AND DECIDUOUS SHRUBS 18 INCHES NONE 1 PER 15 FT. OF STREET FRONTAGE 1 PER 15 FT. OF PERIMETER 1 PER 40 FT. OF PERIMETER *Dwarf and other species may be used only for complementary plantings and no minimum sizes shall be required. ** All trees shall maintain a minimum distance of twenty (20) feet from overhead utilities for species that exceed thirty (30) feet at maturity. 177
B. Alternatives. As an alternative, to the above requirements for plantings, an applicant may propose and the Zoning Administrator, Planning Commission or Board of Appeals may approve: (1) The retention of natural growth on the site to meet the requirements of this section, depending on width, density, and type of natural growth, provided that the Board or Commission may require additional, supplemental plantings to obtain the effect intended by the purpose and intent of these requirements. (2) Landscaping consisting of a combination of the plantings listed in this article and alternate plantings of various species and sizes. (3) Landscaping consisting of a combination of architectural materials, including fountains, special bricks, interlocking paving, decorative features, statues, and other combinations of landscaping features, materials, or plantings, including street trees. Section 225-143. Landscaping for Public Utilities. A. All public utilities shall be fully screened, (1) Exempt. The following are exempted from the requirements of this section: (a) Service Structures in the A-1 Agriculture-Rural District; (b) Service Structures when located more than thirty-five (35) feet above the established grade. (2) Service structures in an industrial district shall be fully screened when located within one hundred (100) feet of any district other than industrial. (3) For the purposes of this article, service structures shall include propane tanks, dumpsters, air conditioning units and condensers, electrical transformers and other equipment or elements providing service to a building or a site. B. Screening Requirements. A continuous planting, hedge, fence, wall, or earth mound shall enclose any service structure or loading zone on all sides unless such structure must be frequently moved, in which case screening on all but one (1) side is required. (1) The average height of the screening material shall be one (1) foot more than the height of the enclosed structure, but shall not be required to exceed eight (8) feet in height. (2) Whenever a public utility is located next to a building wall, perimeter landscaping material, or parking lot landscaping material, such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. (3) Whenever public utilities are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. (4) No interior landscaping shall be required within an area screened for service structures. 178
C. Dumpster requirements. (1) Every development that provides one (1) or more dumpsters for solid waste collection shall provide sites for such dumpsters that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. (2) All such dumpsters shall be screened on all sides and include a gate. (a) Persons located within any dwelling unit on residential property other than that where the dumpster is located. (b) Occupants, customers, or employees located within any building on nonresidential property other than that where the dumpster is located. (c) Persons traveling on any public street, sidewalk, or other public way. (3) Protection of screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a fixed barrier at least eighteen (18) inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved or emptied shall be provided. Section 225-144. Landscaping of Parking Facilities. A. Intent. It is intended that the application of the landscape standards set forth below will reduce the visual and environmental impacts of parking areas. Breaking up of paved parking areas with plantings will provide improved aesthetics and micro-climatic benefits by reducing heat and glare. B. Landscaping Criteria (1) The primary landscaping material in all parking lots shall be trees which, at maturity, are capable of providing shade or adequate to provide screening from adjacent uses. (a) Shrubbery, hedges, and other planting materials may be used as complementary plantings. (b) Landscaping and planting areas shall be dispersed throughout the parking lot. (c) The interior dimensions and height of any planting island or planting median must be sufficient to protect the landscaping materials planted therein and to ensure proper growth. (2) Perimeter Requirements for all Off-street Parking Facilities. (a) A planting strip shall be provided at least five (5) feet wide abutting any sidewalks or eight (8) feet wide abutting the property line parallel to the sidewalk. Where the parking lot does not abut a property line or sidewalk, a three (3) foot planting area shall be provided. (b) A minimum five (5) feet wide screening area shall be provided along all property lines abutting a residential district. (3) Islands. For parking lots for twenty-five (25) or more vehicles, landscaped islands shall be provided: (a) Such islands shall have an average width of eight (8) feet, bordered by six (6) inch high asphalt or vertical or rolled concrete curbs, within the six (6) feet at the ends of all parking bays abutting an aisle or driveway. 179
(b) (c) (d) (e) All such islands shall be landscaped with trees, shrubs, grass and similar vegetation which may be combined with crushed stone or other decorative materials. No more than ten (10) parking spaces may be located in a continuous arrangement without a landscape divider at least six (6) feet in width. For groups of ten (10) or more spaces, the six (6) foot divider shall be centered as evenly as possible and may be combined with decorative walkways In addition, a landscape island shall be located at each end of all parking isles. Section 225-145. Screening, Fencing and Slope Requirements. A. Purpose. The following regulations are intended to protect the property, health, safety and welfare of occupants and users of land. Whenever screening is required, the following minimum screening materials may be used in any combination to accomplish the purpose and intent for which the screening is required. B. Acceptable Materials and sizes. Additional types of landscaping and screening materials or other landscaping amenities may be used, subject to the approval of the Planning Commission, Zoning Administrator, or Board of Appeals but in no case shall landscaping or screening be less than that necessary to accomplish the purpose and intent for which the screening is required. (1) Eight (8) feet high solid wood, metal, brick, concrete, or otherwise architecturally solid fence. (2) Eight (8) feet high chain link fence with slat inserts where view is to be obscured. (3) Berms, or berms with fence installed or berms with trees and shrubs planted, or any combination thereof; sufficient to provide a barrier at least six (6) feet in height (measured from the bottom of the berm). (4) Plantings which will have a minimum height of six feet (6') at maturity. C. Location. Whenever a fence is installed as a screen, it shall be located at least three (3) feet from any abutting property line and Landscaping shall be provided in accordance with Section 225-143. D. Retention of existing natural vegetation depending on width, density, and type, provided that the Planning Commission or Board of Appeals may require additional, supplemental plantings to obtain the effect intended by the purpose and intent of this requirement. Section 225-146. Use Requirements. A. Excavations. For any excavation greater in depth than five (5) feet: (1) There shall be slopes of a gradient not steeper than four to one (4 to 1) completely surrounding the excavation for the protection of property and to promote safety for the public. (2) The excavation shall not be closer to a public highway than one hundred (100) feet, and after the active operation of removing stone, sand, gravel, clay or 180
topsoil ceases, the whole pit or excavation shall be backfilled or shaped so as to provide a slope on all sides having a gradient not greater than four to one (4 to 1). (3) If said excavation is not backfilled, adequate drainage shall be provided if the Board deems advisable for the protection of the surrounding neighborhood. (4) These requirements shall apply to any: (a) Quarry. (b) Borrow pit. (c) Other hole, pit or excavation other than a building excavation. B. Farm Related Business: (1) Any outside storage of supplies, materials, or products shall be located behind the building in which the farm-related business is conducted, and screened from view from abutting roads. (2) Screening must be provided when a farm-related business is located adjacent to any property used principally for residential purposes. C. Outside storage. (1) Requirements: (a) (b) (c) (2) Uses. For the following uses, there shall be provided: [1] A wooden, chain link or masonry fence which shall contain no opening greater than two (2) inches and which is not less than six (6) feet in height; or [2] A suitable living fence of the same height. Such fence, as further required for the following outside storage uses, shall be set back: [1] From all street lines at least fifteen (15) feet; and [2] From abutting lot lines at least ten (10) feet, with an area of approved plants and trees abutting all lot lines. Diking of petroleum bulk storage tanks shall be in accordance with the State Fire Code of Maryland. (a) Such fences shall be erected completely surrounding: [1] Electric substations. [2] Bulk storage of petroleum products. [3] Wireless Telecommunication Towers and Antennas. (b) Such fences shall be erected completely around the following uses, except when they are located in an industrial district where such a fence shall be required only when adjacent to a residential or agricultural district: [1] Lumberyard. [2] Building supply yard. [3] Coal or wood yard. [4] Contractor's yard. [5] Bulk storage yards where either equipment or supplies are stored or where outdoor assembly or fabrication occurs. (3) All outside storage and vehicle parking areas are fully screened from view from a public right-of-way and neighboring properties. 181
D. Outdoor theaters. The structures, fence or parking shall be set back at least one hundred (100) feet from the highway, and there shall be provided a service road, for entrance and exit, on the theater property, with access to the public highway at two points each distant at least two hundred (200) feet in opposite directions from the center of the property. No outdoor theater screen shall be visible in total or in part at any angle from either a secondary or primary highway. E. Shopping Centers. (1) Landscaping shall be provided in accordance with a master landscaping plan submitted in conjunction with the development plan. (2) Screening. Whenever a shopping center is located adjacent to a residentially developed lot, a permanent solid fence or planted area with trees or shrubs shall be provided on the side or sides adjacent to such residentially developed lot sufficient to act as a buffer to the transmission of light and sound from the center. F. The following uses have particular screening and landscaping requirements. See the individual use Standards for the regulations pertaining to landscaping: (1) Campgrounds (2) Crematoriums (3) Privately Owned Public Golf Courses (4) Recreation Facilities, Privately-Owned Outdoor (5) Salvage or Junk Yards (6) All uses in the REC district Part II Environmental Standards for Sensitive Areas Section 225-147. Stream Buffers and Floodplains. A. Buffer. For purposes of this part, a buffer shall be defined as a naturally vegetated area or vegetated area established or managed to protect aquatic, wetland shoreline, and terrestrial environments from man-made disturbances. B. Buffer Width. (1) The following provisions shall apply to all development activities located outside of the Critical Area. Where a development activity is located within the Critical Area, the provisions of the Chapter 125 of the County Code shall apply. (2) A vegetative buffer is encouraged along each stream, and shall be shown on the record plans of any proposed development requiring subdivision plat, site plan or comprehensive development plan approval. An appropriate buffer width is determined on an evaluation of existing site conditions along the stream, including but not limited to adjacent sensitive features, such as the 100 year floodplain, nontidal wetlands, hydric soils, highly erodible soils and soils on slopes greater than fifteen percent (15%). C. Within the buffer, no new or expanded buildings or paving should be permitted, except on approximately perpendicular road or driveway crossings. 182
D. The buffer should be maintained in natural vegetation, and planted as needed to result in canopy trees and thick understory vegetation. E. Conservation easements and/or deed restrictions may be placed on each lot to ensure that the buffer is maintained for its intended and agreed upon use which can include esthetics, improvement of water quality and/or enhancement of wildlife habitat. F. For Floodplain Management Regulations, see Chapter 149 of the Wicomico County Code. Section 225-148. Non-tidal Wetland Buffers. A minimum twenty-five (25) foot setback from all non-tidal wetlands is encouraged for all development around the extent of the delineated nontidal wetland except as permitted by the U.S. Army Corp of Engineers and the State of Maryland, Department of the Environment. Section 225-149. Steep Slopes. A. No structure, impervious surface or land disturbance should be located on slope with a grade of fifteen (15) percent or greater unless it is determined that the structure, impervious surface or land disturbance is appropriate for stabilization of the slope. B. A minimum fifty (50) foot buffer shall be established between development and the crest of slopes in excess of twenty-five (25) percent. ARTICLE XII NONCONFORMING USES AND NONCONFORMING SPECIAL EXCEPTIONS Section 225-150. Applicable Provisions. A. Any use of land or building which now legally exists may continue. B. A building may be repaired, restored or strengthened for the same use. C. General Prohibitions. The following actions may not be done, even with the permission of the Board of Appeals: (1) A lawful nonconforming use may not be extended by enlarging the size or area of the land. (2) A nonconforming use cannot be expanded across boundary lines. D. A nonconforming use may not be changed to a different nonconforming use, nor may the structure or structures of a nonconforming use be changed or enlarged, except with the permission of the Board of Appeals. (1) Such permission may be granted by the Board of Appeals only upon a finding, from a preponderance of the evidence produced at a public hearing, that: (a) (b) The proposed change or enlargement will not adversely affect the health, safety and general welfare of the residents or workers in the area. The proposed change or enlargement will not be detrimental to the use or 183
(c) (d) (e) development of adjacent properties or the general neighborhood. The proposed change or enlargement has been designed so as to minimize possible adverse effects on adjacent properties or on the immediately surrounding area. The proposed change or enlargement will not adversely affect the transportation network or unduly burden water, sewer, schools, parks and stormwater management areas, including streams or other public facilities. The proposed change or enlargement will not adversely affect the environment or historical assets of particular interest to the community as they may be identified in any adopted plan of the County. (2) When granting permission to make any such change or enlargement, the Board of Appeals may impose such conditions and restrictions as deemed necessary to mitigate any potential adverse impacts upon adjacent properties or the general area. To the maximum extent possible such change or enlargement shall comply with the minimum landscape standards established in Article XI. (3) The Zoning Administrator may permit a legal nonconforming single-family dwelling or manufactured home that is located in a C-1, C-2, C-3, I-1, or I-2 district to be enlarged or increase the lot size, without the approval of the Board of Appeals, provided such change or enlargement shall not result in: (a) A front yard of less than ten (10) feet; (b) Two (2) side yards of less than five (5) feet; and (c) A rear yard of less than fifteen (15) feet. (4) The Zoning Administrator may permit a legal accessory building to be added to a nonconforming residentially developed lot, without the approval of the Board of Appeals, provided such an accessory structure shall comply with the requirements of Article VI and Article VII. (5) To the maximum extent possible, the minimum lot area for the district shall apply to all nonconforming uses. The land area of a nonconforming use shall not be reduced where such reduction would increase nonconformity as it relates to minimum lot size in the applicable zoning district or the minimum lot size for the existing use as may be established elsewhere in this Chapter, whichever is greater. (6) Enlargement of nonconforming residences. Any residence in any district constructed prior to April 12, 1968, not conforming to the required front, rear and side yard setbacks, as established in this chapter, may be enlarged under the following circumstances: (A) Interior lot. The enlargement shall not extend any further into the minimum required setback lines than the existing structure. (B) Corner lot. The enlargement shall be permitted under the circumstances described in subsection D(5)(a) herein, provided that the enlargement does not extend toward the street corner. An enlargement extending toward the street corner shall require a public hearing and approval from the Board of Appeals. E. Nonconforming outdoor advertising structures that are completely destroyed or damaged 184
more than seventy-five percent (75%) of their replacement value shall not be rebuilt except in conformity with this Chapter. F. A nonconforming use, which shall remain idle and unused for a continuous period of one (1) year, whether or not the fixtures or equipment are removed, shall be considered abandoned as a nonconforming use, and thereafter, such building or land shall only be used as a conforming use. (1) A licensed family day-care home within a nonconforming single-family dwelling shall not be held to this one year continuous use period. (2) A nonconforming use which is partially or wholly destroyed by fire, act of God or other casualty beyond the control of the owner shall be reconstructed within one (1) year from the destruction; however, the Board of Appeals may grant an extension of this time period upon a showing that strict compliance with this one (1) year period will cause unwarranted hardship or injustice and that such extension will not be contrary to the public interest. G. A family day-care home not licensed prior to the date of this amendment may be conducted in a legal nonconforming dwelling by special exception of the Board of Appeals. H. If a nonconforming use exists in a district where the use is subsequently classified as a special exception use, then the special exception standards apply. Section 225-151. Nonconforming Lots of Record. The following regulations shall apply to all lots of record which were existing prior to the effective date of this Chapter: A. Provided that all other regulations are met, a detached single-family dwelling unit may be erected in any district permitting such dwellings on any lot of record, existing as of the date of adoption of this Chapter, even though such lot may not meet the requirements of this Chapter with respect to minimum lot size, width or depth, or maximum density. (1) In the case of such lots, the minimum front setback requirements shall be determined by the Zoning Administrator based on the prevailing characteristics in the surrounding neighborhood for front yards; (2) For side setback requirements the minimum shall be five (5) feet. (3) For rear setback requirements, the minimum shall be fifteen (15) feet. B. This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no principal building upon it or if there is a principal building upon it which is physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition. C. When a nonconforming lot of record can be used in conformity with all of the regulations applicable to the intended use, except that the lot size is smaller than the required minimums set forth herein, then the lot may be used as proposed just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size for a particular district is permissible on a nonconforming lot of record. 185
Section 225-152. Nonconforming Special Exceptions. A. Any use of land or building which now legally exists by virtue of a special exception having been granted by the Planning Commission or the Board of Appeals may continue under the terms and conditions of its original approval as amended, as a nonconforming special exception. B. At the request of the current owner, the existing terms and conditions of a nonconforming special exception may be modified by the authority which originally approved the special exception use. C. In all matters, of this subsection, nonconforming special exceptions shall comply with the provisions of Section 225-150D(1) (a) through (e). D. To the maximum extent possible, all nonconforming special exceptions shall comply with the minimum landscape standards established in Article XI. Section 225-153. Completion of Nonconforming Projects. A. The requirements of this chapter shall not apply to any building, structure or use established pursuant to a valid zoning permit or building permit approved prior to the effective date of this chapter, provided some manifest commencement of work is undertaken and evidenced within 12 months after the effective date of this chapter. The requirements of any applicable permits and the regulations under which they were issued shall remain in full force and effect, subject to the provisions of paragraph E below. B. The requirements of this chapter shall not apply to any building, structure or use proposed to be established pursuant to the following applications or matters pending on the effective date of this chapter: (1) Applications for building permit, provided that some manifest commencement of work is undertaken and evidenced within 12 months of the effective date of this chapter; (2) Applications for approval of a Site Plan or Development Plan, if such application received preliminary approval by the Planning Commission prior to the effective date of this section; and (3) Any matters pending before the Board of Appeals on appeal or by way of application for any matter of original jurisdiction before the Board of Appeals or the Planning Commission, if following a valid approval some manifest commencement of work is undertaken and evidenced within 12 months of the effective date of this chapter. C. The requirements of this chapter shall not apply to lots shown on a preliminary subdivision plat approved before the effective date of this chapter, provided that the final plat shall have been recorded in the county land records within the time limits established in Chapter 200, Subdivision of Land, of the Wicomico County Code. D. The requirements of this chapter shall not apply to lots shown on a final minor or any preliminary subdivision plat pending approval on the effective date of this chapter, provided that the requirements of the prior zoning regulations shall apply and the plat 186
shall be approved by the Planning Commission within the time limits established in Chapter 200, Subdivision of Land, of the Wicomico County Code. E. Nothing in this section shall be construed: (1) To affect the status of any use or structure involved in any such permit, application, approval or pending matter as a nonconforming use or structure under this Chapter; (2) To extend, enlarge or otherwise affect the provisions of any prior regulations relating to the duration, expiration or termination of any such permit, application, approval or pending matter; or (3) To revive or give any other effect to any permit, application, approval or pending matter which has been, or is hereafter deemed to be, abandoned or terminated under the provisions of this Chapter or any prior regulations which are applicable. ARTICLE XIII APPEALS, INTERPRETATIONS, VARIANCES AND SPECIAL EXCEPTIONS Section 225-154. Appeal from Enforcing Officer's Decision. A. Appeal. Any person or persons aggrieved by any decision of the enforcing officers as identified in 225-11, or by a decision by the Wicomico County Planning and Zoning Commission authorized by the provisions of this chapter, may appeal said decision to the Wicomico County Board of Appeals. B. Time for Appeal. A written notice of appeal shall be submitted to the Department of Planning, Zoning and Community Development within 30 days from the officer s decision. C. Costs. Costs of the appeal shall be established by resolution of the County Council and may be changed from time to time as necessary. D. Stay. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal was taken certifies to the Board of Appeals, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may be granted by the Board of Appeals on due cause shown. Section 225-155. Special Exceptions. A. Purpose. It is the purpose of this section to establish the procedures and criteria for evaluating special exceptions authorized by the terms of this Chapter. (1) A special exception is a land use activity authorized only after a public hearing held before the Board of Appeals or Planning Commission pursuant to the provisions of this Chapter. (4) All such uses have been legislatively predetermined to be compatible with inherently permitted uses in a particular zoning district, provided that each use meets the specific standards of approval as required and that the proposed location and site are appropriate for the type of use proposed. 187
B. Special exceptions permitted. (1) It is the duty of the Board of Appeals or Planning Commission to evaluate all such special exceptions herein authorized and to decide in each case, under the standards set forth below, whether or not each special exception does in fact meet the Council's presumed compatibility for the location and area in which it is located. (2) All those special exceptions specifically listed in each zoning district defined in this Chapter shall be heard by the Board of Appeals, except those special exceptions which require a Development Plan or Site Plan Approval to be reviewed by the Planning Commission, shall be heard and may be granted by the Planning Commission in accordance with the provisions and criteria of this article. C. Criteria for approval. A special exception may be granted when the Board of Appeals or Planning Commission finds from a preponderance of the evidence produced at a public hearing, where applicable, that. (1) The proposed use is consistent with the Comprehensive Plan or a specific area plan for the physical development of the County or a portion thereof, as adopted by the County Council. (2) The proposed use will not adversely affect the health, safety and general welfare of the residents or workers in the area. (3) The proposed use is compatible with and will not be detrimental to the use or development of adjacent properties or the general neighborhood. (4) The proposed use meets all of the standards set forth for each particular use for which a special exception may be granted. (5) The proposed use has been designed so as to minimize possible adverse affects on adjacent properties or on the immediately surrounding area. (6) The proposed use will not adversely affect the transportation network or unduly burden water, sewer, school, park, stormwater management areas, including streams, or other public facilities. (7) The proposed use will not adversely affect the environmental, archeological or historical assets of particular interest to the community as may be identified in any adopted plan of the County. D. Before granting any final approval for a special exception in Article IV, Part V Institutional, Business and Industrial District, the Board or Commission, at its discretion, may require: (1) An impact analysis of the proposed activity, including but not limited to governmental service impacts, environmental impacts, traffic impacts, financial impacts or any other matter deemed pertinent to the issue before the Board or Commission. Any such analysis shall be conducted in a manner as determined by the Board or Commission. The costs of any such analysis shall be borne by the applicant. (2) The posting of bonds or other financial guaranty to assure compliance with all conditions established by the Board or Commission. E. Failure to comply with such conditions or restrictions imposed shall be grounds to render 188
the special exception null and void. F. No special exception may be altered, expanded, or modified without the approval of the approving authority with current jurisdiction over the use. At such time as an alteration, expansion, or modification is approved, the Board of Appeals or Planning Commission may imposed additional conditions or modify existing conditions and shall evaluate the expansion or modification of the special exception under the same criteria as the initial approval. G. Setback Requirements. Wherever a Special Exception shall be granted within a district, the Special Exception shall conform to the permitted uses within the district, in respect to front, side and rear setback requirements unless otherwise modified by the Board of Appeals or Planning Commission. H. A special exception which shall remain idle and unused fro a continuous period of more than one year, whether or not fixtures or equipment are removed, shall be considered null and void. Section 225-156. Variances. A. Authorization. The Board of Appeals may authorize, upon application in conformance with 225-157, Application for Matters of Original Jurisdiction before the Board, a variation or modification from the quantitative numerical requirements of this Chapter if such variation or modification would not be contrary to the public health, safety or welfare. B. Criteria. In order to vary or modify the Non-Critical Area provisions of this Chapter, the Board of Appeals must determine that the application meets all of the criteria set forth below. (1) Certain unique physical characteristics exist, such as unusual size or shape of the property or extraordinary topographical conditions, such that a literal enforcement of the provisions of this Chapter would result in practical difficulty in enabling the applicant to develop the property. (2) The granting of the variance is not based upon circumstances which are selfcreated or self-imposed; (3) The need must be substantial and urgent and not merely convenient; (4) Applicant s grounds are not based on financial difficulty alone; (5) The granting of the variance will not be contrary to the public interest and will not be a determent to adjacent or neighboring properties; (6) The variance will not exceed the minimum adjustment necessary to relieve the practical difficulty or unreasonable hardship; and (7) Greater profitability or lack of knowledge of the restrictions shall not be considered sufficient cause for a variance. Section 225-157. Application for Matters of Original Jurisdiction. A. Before any land may be used for a special exception which is permitted in this Chapter or a variance granted to these regulations an application must be made that shall be accompanied by a site diagram and such other information as may be necessary to provide for the enforcement of this Chapter or upon which to base an inspection prior to passing on the application, as required by the Planning Director and the Zoning 189
Administrator. B. The Planning Director shall file a written report for each case to be heard by the authorizing authority at each public hearing which shall: (1) Evaluate the application in accordance with the criteria necessary for such application; and (2) Become a part of the official record of the case. C. When granting special exceptions or variances, the authorizing authority shall instruct the Zoning Administrator to issue the zoning authorization in accordance with any conditions of approval and an approved site design or site plan, as appropriate. (1) In authorizing a variance or special exception, the Board or Commission may impose such conditions and restrictions upon the site design, architectural character, location, type of construction, ingress and egress, landscaping, screening and operation as deemed necessary to mitigate any potential adverse impacts upon adjacent properties or the general area and to ensure compliance with the standards, criteria or other specific requirements set forth in this chapter as it may deem necessary, consistent with the spirit and intent of the zoning regulations. (2) The decision and supporting findings and any conditions attached to the decision shall become a part of the written record of the public hearing. D. Whenever a special exception or variance is granted under the provisions of this Chapter, it shall be exercised by the grantee therein named within twelve (12) months from the date of its issuance, or it shall become null and void. E. The authorizing authority may grant extensions to Subsection (D) above if the grantee provides just cause for the delay to the satisfaction of the Board or Commission. F. Notwithstanding any other provisions of this ordinance, and without regard to the standards for appeals, variances or special exceptions set forth elsewhere in this code, the board of appeals and other permitting authorities and officials shall made reasonable accommodations for the benefit of disabled citizens and religious practices in the consideration of any building permit, administrative appeal, special exception or variance. Section 225-158. Burden of Proof in Appeals and Matters of Original Jurisdiction. A. Administrative Official Appeals on the Record. When an appeal is taken to the Board of Appeals from the decision of any administrative officer or board authorized within this Chapter or another Chapter of the Wicomico County Code granting authority of appeal to the Board of Appeals, the Zoning Administrator shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion. B. Original Jurisdiction Applications. The burden of presenting evidence sufficient to allow the Board of Appeals to reach the conclusions, as well as the burden of persuasion on those issues, remains with the applicant seeking the variance, special exception or any other matter heard de novo by the Board. 190
Section 225-159. Appeal from Decisions of the Board of Appeals. A. Any person or persons, jointly or severally aggrieved by any decision of Board of Appeals, or any taxpayer or any officer, department, board or bureau, upon written authority of the county, may present to the Circuit Court of Wicomico County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after filing of the decision in the office of the Board of Appeals. B. Costs of appeal. In the event of an appeal to the Circuit Court, the appellant shall bear the cost of preparing the necessary documents as required by the Court. (1) These charges shall include, but not be limited to, the cost of transcribing, preparing and submitting a transcript from the minutes of the Board of Appeals, employee s time involved and required materials. (2) The statement of these expenses shall be itemized and submitted to the attorney representing the appellant or the appellant for payment. (3) No permits shall be issued unless the Board has been reimbursed for its costs. C. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal was taken certifies to the Board of Appeals, after notice of appeal shall have been filed, that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may be granted by the Board of Appeals or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown. 191