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This Part 8 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.
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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.
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 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
25% of the total land area, excluding parking areas.
(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 feet high.
(7)
There shall be off-street loading, unloading and service
areas provided as required in Part 10.
(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 12 units per acre.
C.
Family daycare is a permitted accessory use to an
apartment building, provided the applicant receives written consent
from the owner of the apartment building.
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.
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 30 days at any one visit.
D.
Only 10 rooms may be used for commercial guests.
E.
The breakfast meal shall be provided as a part of
the room rental charge.
A.
The maximum density does not exceed 20 campsites per
acre.
B.
A minimum of 30% 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
Part 11, all campgrounds shall be surrounded by a buffer/screening
approved by the Board of Appeals. Existing natural 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.
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 set back a minimum
of 50 feet from all property lines.
(2)
Such use is located on a lot of a minimum of five
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 a R-30 Residential District a family day-care is
permitted on a lot of a minimum of one acre.
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:
(2)
Minimum lot acreage: two acres.
(3)
No family burial grounds shall be permitted on a lot
located in a major subdivision of four 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.
Crematoriums require:
A.
The use of a dwelling for emergency housing shall
be limited to one 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.
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.
C.
The use of hardship housing shall be limited to one
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.
A.
Double-wide manufactured homes may be permitted, provided
the home meets the following standards:
(1)
Length: 40 feet;
(2)
Width: 24 feet;
(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, or tenant houses, or emergency housing.
C.
These standards may be modified by special exception
by the Board of Appeals.
A.
A single-wide manufactured home may be allowed by
special exception in accordance with the Table of Permitted Uses[1] on an individual lot, provided that the following standards
are met:
(2)
Lot area: minimum two acres;
(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 be 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.
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
B.
The standards contained in this section shall not
apply to manufactured home parks, or tenant houses, or emergency housing.
A.
A tenant house intended to house farm labor shall
be either a single-wide or double-wide manufactured home and shall
be on the same parcel as the primary use.
B.
One tenant house may be erected per every contiguous
25 acres under single ownership without subdivision.
C.
Any additional tenant houses may be permitted by special
exception from the Board of Appeals.
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 20,000
square feet.
(c)
Open space: Not less than 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 10 feet may be computed as open space.
(2)
There shall be not more than 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.
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 50% 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 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 existing farm buildings, if any, and
located within or adjacent to the area of existing farm buildings,
or shall be located at least 200 feet from the closest street right-of-way.
(2)
No farm-related business shall be located within 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 Part 10 for parking requirements.
H.
See Part 6 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 Part 9.
For bulk regulations, see § 225-74, Schedule of District Regulations.
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.
D.
See Part 10 for parking requirements.
E.
Screening shall also be provided abutting the pro
shop/office and parking areas.
A.
In the A-1 Agriculture-Rural District, the rental
of guest rooms shall be limited to nine persons.
B.
In the R-8 Residential District, the rental of guest
rooms:
C.
In the R-15 Residential District, the rental of guest
rooms:
E.
In the LB-2 Light Business and Residential District,
the rental of guest rooms:
G.
Parking: one on-site space for each guest room, provided
that said space shall not be provided in the required front setback.
If a group home/youth group home is in a residential
district:
A.
Determination of type. There are three types of home-based
businesses. Uses are allowed as home-based businesses only if they
comply 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 Type 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 one person,
other than those legally residing on the premises, may be employed
in the home-based business.
(3)
A Type III home-based business: Not more than two
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
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 discernible 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 discernible 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.
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:
(2)
Operational standards for Type II and III home-based business. In addition to those operational standards listed in Subsection B above, Type II and III home-based businesses must meet the following standards:
F.
For sign requirements see Part 9.
G.
For parking requirements see Part 10.
Hospitals and other medical facilities, including
mental health treatment facilities, may be permitted, provided:
A.
In a C-2 General Commercial District, the Board of
Appeals may permit light industrial uses as a special exception, provided:
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 or more manufactured homes.
B.
Review and approval.
(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 the number of manufactured homes to be accommodated.
(b)
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.
(c)
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.
(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)
Direct access from a manufactured home site
to a public road shall not be permitted.
(b)
All sites shall be designed to be served by
internal park roads, providing for continuous forward motion and unobstructed
access to a public road.
(c)
Internal roads shall be paved a minimum width
of 20 feet with tar and chip, or comparable material, approved by
the Director of Public Works.
(d)
The park roads shall provide direct connection
between a public road and each manufactured home site.
(e)
Minimum width of a road shall be 20 feet.
(f)
A cul-de-sac not exceeding 1,200 feet in length
may be formed by a paved turnaround with a minimum radius of 40 feet.
(5)
Manufactured home parks shall provide a minimum
of 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:
(7)
At a minimum, on-site open space equal to 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.
(9)
Rules and regulations for the operation and
maintenance of the park shall be required and shall include, but not
be limited to:
(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 Part 11.
(12)
For parking requirements see Part 10.
(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 copy filed with the Building Inspector and one 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, Wicomico County
Department of Planning, Zoning and Community Development and the 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 Department of
Planning, Zoning and Community Development shall present such written
certification prior to issuance of a license to operate a park.
[Amended 12-18-2012 by Bill No. 2012-13]
(3)
The park shall not be occupied until the County
Executive has issued a license.
[Amended 10-17-2006 by Bill No. 2006-11]
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: five acres.
A.
Cemetery, accessory. Accessory cemeteries to a place of religious assembly shall meet 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:
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 set back 50 feet from all lot lines.
[Amended 9-6-2016 by Bill
No. 2016-11]
A.
Except as otherwise restricted by this chapter, poultry may be kept, raised, or bred for the use of persons residing on the property, provided that any structural enclosure (not to include fencing) does not exceed 256 square feet, gross floor area. The structural enclosure shall be set back from a property line as prescribed in § 225-70.
B.
The following standards apply to all new poultry houses located within
an Agricultural-Rural (A-1), Town Transition (TT), Village Conservation
(VC), General Commercial (C-2), Regional Commercial (C-3), or Light
Industrial (I-1) Zoning District.
(1)
Buffer. A landscaping plan shall be submitted to the County
Zoning Administrator demonstrating a vegetative buffer for the visual
screening of active portions of the poultry operation. This includes
all related structures and appurtenances. A vegetative buffer would
not be required if sufficient vegetation is in place on or adjacent
to the site as determined by the Administrator. A vegetative buffer
would not be required if the immediately adjacent property is subject
to a recorded open space or agricultural easement. The vegetative
buffer is to be established as follows:
(a)
A minimum of three staggered rows of plant materials with ten-foot
center spacing shall be placed at a width of 10 feet to 20 feet between
rows. The furthest row from the poultry operation must consist of
evergreen trees.
(b)
Plant material is to be a minimum of at least one gallon stock,
or approximately 18 inches when planted.
(c)
Buffers shall be installed in accordance with best management
practices in order to ensure growth and plant material survival.
(d)
Warm season grasses are to be planted at each bank of tunnel
exhaust fans, even those between houses. These should be planted within
20 feet of the fans, as practical. These grasses are to be quart size
planted three feet apart, or plug size at two-foot spacing, and should
have a mature height of at least five feet. When feasible, rows should
extend at least 10 feet past the fans.
(e)
All required buffers shall be preserved and maintained so as
to effectively provide visual screening. Dead or dying buffer materials
shall be replaced with similar plant materials on a regular basis.
Modifications to approved buffers may be made by the Zoning Administrator.
(2)
Setbacks.
(a)
There shall be a minimum four-hundred-foot setback from any
residential dwelling not located on the same parcel or parcels under
common ownership or lease, as well as any school, place of religious
assembly, nursing home, day-care center, manufactured home park, subdivision
of 10 or more homes, or an approved Health Department septic system
location to serve any of the above.
(b)
There shall be a minimum two-hundred-foot setback from all property
lines.
(d)
For the purposes of this subsection and Subsection C below, a dwelling as defined in this chapter is further defined as one used and/or generally maintained for residential occupancy, as determined by the Zoning Administrator.
(e)
For the purposes of this subsection, and Subsection C below, a poultry house proposal having been certified by the Director of Public Works as to the submission of a complete stormwater management application, shall not be bound by increased setback requirements otherwise resulting from a subsequent establishment of use(s) on an adjacent property.
(3)
Road access. New poultry house(s) that directly abut and gain
access to a County road, shall have an accessway of sufficient design
and construction, with a minimum opening width of 60 feet. An improvements
construction plan would be furnished to the Director of Public Works
before a final approval of the stormwater design/site plan submission.
The Director of Public Works is to confirm that the plan specifications
are reasonably sufficient to serve the complex proposed and to protect
the public intersection. Required plan specifications include access
width, intersection roundings, grading, stabilization, and sight distance.
C.
New poultry house construction located within the R-8, R-15, R-20 and R-30 Residential Zoning Districts may only be established by special exception granted by the Board of Appeals. Should the special exception be granted, the following restrictions shall apply in addition to those listed in Subsection B of this section.
(1)
Setbacks.
(a)
There shall be a minimum of five-hundred-foot setback for tunnel
ventilation fan(s) facing away from any residential dwelling not located
on the same parcel or parcels under common ownership or lease, as
well as any school, place of religious assembly, nursing home, day-care
center, manufactured home park, or an approved Health Department septic
system location to serve any of the above.
(b)
There shall be a minimum of six-hundred-foot setback for tunnel
ventilation fan(s) facing toward any residential dwelling not located
on the same parcel or parcels under common ownership, as well as any
school, places of religious assembly, nursing home, day-care center,
manufactured home park, or an approved Health Department septic system
location to serve any of the above.
D.
Modifications or waivers. Any of the above-stated requirements set forth in Subsections B and C of this section may be modified by special exception by the Board of Appeals. In addition to considering the criteria set forth in § 225-155C of this chapter, it shall be demonstrated that there are circumstances attributable to the specific proposal relative to soils, land cover, ownership relations, and/or property restrictions of record to justify the requested modification.
E.
Legal nonconforming situations.
(1)
An existing poultry house or poultry house complex may be replaced
and/or enlarged up to 25% of the footprint of an existing individual
poultry house, or up to 25% of the total complex footprint through
the construction of an additional poultry house(s). This may be done
without action by the Board of Appeals, provided that the enlargement/replacement
of an existing structure does not extend to within 100 feet of a property
line, and any newly sited structure does not extend to within the
then current minimum setbacks.
(2)
For the purposes of this section an existing poultry house is
defined as a structure originally constructed for the growing of poultry,
maintained for a use permitted in the zoning district, and not necessarily
used for the growing of poultry within any specified time period.
Whenever an individual desires to build rehabilitative
housing, he/she shall present to the Zoning Administrator:
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 freestanding
building, the total gross floor area of the building shall not exceed
10,000 square feet.
C.
In an
LB-2 Light Business and Residential District, retail sales may be
permitted by special exception in a building not exceeding 10,000
square feet of gross floor area.
[Added 3-6-2018 by Bill
No. 2018-02]
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
and passersby.
B.
No materials or refuse shall be collected, accumulated
or stored within 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 of or recycled according
to the Maryland Department of the Environment regulations prior to
dismantling and/or storage.
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 one-hundred-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.
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.
B.
Permitted uses. Land and buildings shall be designed, arranged and used only for the commercial service, commercial retail and recreation uses enumerated in § 225-67.
D.
Minimum landscape area. A minimum of 30% of the gross
site shall be landscaped.
E.
See Part 10 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 Part
11.
H.
For sign regulations, see Part 9.
[Added 5-18-2010 by Bill No. 2010-03]
A.
Purpose. The purpose of these provisions is to facilitate the installation
and construction of small wind-energy systems in Wicomico County for
private landowners, subject to reasonable restrictions, which will
preserve and protect the public's health and safety. Small wind-energy
systems shall be used for the primary purpose of generating power
for the property on which the system is located.
B.
Applicability. The requirements of this section shall apply to all small wind-energy systems proposed after the effective date of this section. Small wind-energy systems for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that any such pre-existing small wind-energy system that is not producing energy for a continuous period of 12 months shall meet the requirements of § 225-115.1 prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with § 225-115.1.
C.
MET TOWER
ROOFTOP WIND-ENERGY SYSTEMS
SMALL WIND-ENERGY SYSTEM
TOTAL HEIGHT
WIND GENERATOR
WIND TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A "meteorological tower" or "met tower" is a structure designed
to support the gathering of wind-energy resource data, and includes
the tower, base plate, anchors, guy cables, hardware, anemometers
(wind speed indicators), wind direction vanes, booms to hold equipment,
data logger, instrument wiring, and any telemetry devices that are
used to monitor or transmit wind speed and wind flow characteristics
over a period of time for either instantaneous wind information or
to characterize the wind resource at a given location.
Consist of a wind turbine(s) and associated equipment for
converting wind energy to power and attachment to the rooftop.
A single towered wind-energy system consisting of a wind
turbine, base, tower and associated control or conversion electronics
that:
The distance measured from the ground level to the blade
extended at its highest point.
Blades and associated mechanical and electrical conversion
components mounted on top of the wind tower.
The monopole, freestanding, or guyed structure that supports
the small wind-energy system.
D.
Standards. A small wind-energy system shall be an accessory use in
all zoning districts subject to the following requirements:
(1)
Setbacks. A wind tower for a small wind-energy system shall
be set back a distance equal to its total height plus 20 feet from:
(a)
Any state or county right-of-way or the nearest edge of a state
or county roadway, whichever is closer;
(b)
Any right of ingress or egress on the owner's property;
(c)
Any overhead utility lines. Service lines owned by a private
property owner of the land on which the service lines sit are exempt
from the setback;
(d)
All property lines. This setback is not applicable to adjacent
parcels that have common ownership; and
(e)
Any existing guy wire, anchor or small wind-energy system on
the property.
(3)
Lighting. A wind tower and wind generator shall not be artifically
lighted unless such lighting is required by the Federal Aviation Administration
(FAA). Lighting of other parts of the small wind-energy system, such
as appurtenant structures, shall be limited to that required for safety
purposes, and shall be reasonably shielded from abutting properties.
(4)
Signs. Small wind-energy systems shall not be used for displaying
any advertising except reasonable identification of the manufacturer,
operator, or owner of the system and warning signs of the system.
No sign shall be visible from a public road.
(5)
Code compliance. A small wind-energy system shall comply with
all applicable construction and electrical codes.
(6)
Utility notification and interconnection. Small wind-energy
systems that connect to an electric utility shall comply with the
Public Service Commission regulations.
(7)
Small wind-energy systems, as defined, shall not be attached
to any building, including attachment by guy wires. Rooftop wind-energy
systems are allowed to be attached to buildings, provided such structures
are safely and securely attached to the rooftop in compliance with
the Wicomico County Building Code and approved by the Wicomico County
Department of Public Works.
(8)
Met towers shall be permitted under the same standards, permit
requirements, restoration requirements, and permit procedures as a
small wind-energy system.
(9)
A small wind-energy system shall comply with all requirements
of the Federal Aviation Administration (FAA) and the Maryland Aviation
Administration (MAA). This includes, when applicable, filing Federal
Aviation Administration Form 7460-1, Notice of Proposed Construction
or Alteration. A small wind-energy system cannot be an obstruction
to navigable airspace.
E.
Noise. All small wind-energy systems shall comply with the Maryland
Department of the Environment's noise regulations (COMAR § 26.02.03,
Control of noise pollution).
F.
Ground clearance. The blade tip of any small wind-energy system shall,
at its lowest point, have ground clearance of no less than 15 feet,
as measured at the lowest point of the arc of the blades.
G.
Abandonment.
(1)
Any small wind-energy system found to be unsafe by the Building
Official shall be repaired by the landowner to meet federal, state
and local safety standards or removed within 90 days.
(2)
The Zoning Administrator may issue a notice of abandonment to
the owner of a small wind-energy system that has been out of service
for a continuous twelve-month period. The county will request, in
writing sent by registered mail, corrective action to be taken and
provide the owner 30 days to respond, in writing, to the notice of
abandonment. In the response, the owner shall set forth reasons for
the operational difficulty and provide a reasonable timetable for
corrective action.
(a)
If sufficient reason is provided, the Zoning Administrator shall
withdraw the notice of abandonment and the owner of the small wind-energy
system will be notified.
(b)
If the reasons provided are unreasonable and it is determined
that the small wind-energy system has been abandoned, the Zoning Administrator
must notify the owner, and such owner shall remove the small wind-energy
system at his or her own expense within 90 days of receipt of notice
from the county.
(c)
If the owner fails to remove the small wind-energy system, the
Zoning Administrator may pursue legal action, if necessary, to have
the small wind-energy system removed at the owner's expense.
H.
Public Service Commission. In accordance with the Maryland Annotated
Code, public utilities companies, § 7-207.1, any property
owner seeking to construct a small wind-energy system and connect
such system to the main power grid with the capability of transporting
energy back to his or her main power company shall apply to the Public
Service Commission (PSC) for approval, if applicable, and provide
documentation of such approval to the county prior to construction
and being issued a permit.
I.
Special exception. In accordance with Wicomico County Code chapter 225, the Board of Appeals may, by special exception, allow deviations from the standards set forth in § 225-115.1D, if such deviation(s) would not be contrary to the public health, safety, or welfare and the granting of the special exception will not be a detriment to adjacent and neighboring properties.
A.
Any structures, fence or parking area shall be set
back at least 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 points, each distant at least 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.
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.
A.
Gross floor space in excess of 1,000 square feet shall
require a special exception from the Board of Appeals.
B.
For off-street parking requirements, see Part 10.
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 Part 9.
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.
A.
Purpose and intent: to provide for the effective management,
control and review of telecommunications 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 chapter, the following additional provisions shall apply to all
telecommunications uses.
(1)
Application.
(a)
Application for telecommunications equipment
on monopoles, freestanding towers, and guyed towers shall include
the following:
[1]
A wind load analysis conducted by a qualified
engineer.
[2]
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.
[3]
A certificate of compliance attesting the fact
that the proposed equipment meets or exceeds FCC and ANSI standards
on radiation emissions.
[4]
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.
[5]
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.
[6]
Justification of necessity.
[7]
Supporting evidence regarding the proposed equipment's
effects upon adjacent and adjoining property values.
[8]
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.
[9]
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 effect of increasing the height of existing structures.
[10]
For new monopoles, freestanding
towers and guyed towers, documentation that establishes that the applicant
performed a diligent search for a suitable existing structure.
(2)
Standards. Monopoles, freestanding towers and
guyed towers approved after the adoption of this section shall comply
with the following:
(a)
Minimum lot requirements. Lot area and lot dimensions
shall be a function of the minimum setback required and are established
as follows:
(b)
Siting requirements. There shall be a minimum
separation distance of:
(c)
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.
(d)
Screening and security requirements. A fence
with a minimum height of eight 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.
(e)
Additional provisions. All obsolete or unused
towers and equipment shall be removed at the owner's expense within
12 months of the cessation of use.
(f)
The Board of Appeals may, as part of the special
exception, modify the lot area, lot dimensions or siting requirements
specified herein.
