Pocomoke City City Zoning Code
ARTICLE XI
M-1 Light Industrial District
§ 230-76 Purpose.
A.
The purpose of this article is to provide for the establishment of an industrial park district, recognizing that the trend in industrial development is toward protected industrial zones.
§ 230-77 Site plans.
In addition to all other requirements of this article, any proposed new construction or substantial exterior modification of any principal buildings or other site improvements, or additions thereto, shall be first submitted to the Planning and Zoning Commission for site plan approval, as described in § 230-91 of this chapter. A building permit for such work may be issued following approval by the Planning and Zoning Commission and subsequent approval by the Mayor and Council based upon the recommendation of the Planning and Zoning Commission.
§ 230-78 Principal permitted uses.
Principal permitted uses in the M-1 District shall be as follows:
A.
The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals, musical instruments, novelties, molded rubber or plastic products, electronic appliances, instruments or devices, optical or dental goods, printed matter and similar products.
B.
The preparation or packaging of food products, except for rendering plants. The processing of seafood, including storage of completed inventory and other necessary materials, shall not include the opening, shucking, picking, scaling or deboning of any seafood. The processing of other food products will be allowed so long as it does not adversely affect the operation of the Pocomoke Sewage Treatment Plant.
C.
The manufacturing, compounding, blending assembly or treatment of articles of merchandise from previously prepare materials, such as bone, cloth, cork, fiber, feathers, paper, plastics, metals, stone, thread, tobacco, wax, yarn, chemicals, liquids or similar products, except that no sawmill, planing mill or punch press shall be permitted without a variance from the Board.
D.
The manufacturing of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by gas or electricity.
E.
Laboratories, chemical, physical or biological, not including high explosives or toxic chemicals, fumes, odors, etc.
F.
The manufacturing and repair of electric signs, advertising structures and light sheet metal products (heating and ventilating equipment).
G.
Plumbing and roofing shops.
H.
The following uses when conducted wholly within completely enclosed buildings:
(1)
Automobile, truck trailer, bus, implement, machinery or similar equipment fabrication assembly or major repair including machine shops, structural steel and fabrication shops.
(2)
Automobile body or paint shops.
(3)
Tire recapping plants.
(4)
Creamery, bottling, ice manufacturing or cold storage plant or milk distributing depot.
(5)
Foundry casting lightweight nonferrous metals or electric foundry not producing noxious fumes or odor.
(6)
Bag, carpet and rug cleaning plants, provided that equipment is used to effectively precipitate or recover dust.
(7)
Manufacturing of boxes, furniture, cabinets, baskets and other wood products of similar nature.
(8)
Wholesale merchandising and storage warehouses, with floor area devoted to warehousing and handling of merchandise, excluding fuels and other flammable liquids or explosives.
(9)
Freezer plants or frozen food storage facilities.
I.
Other similar uses as determined by the Planning and Zoning Commission. Uses not specified or determined to be similar to other permitted uses by the Planning and Zoning Commission must be approved by the Board of Zoning Appeals.
J.
Fairgrounds and racetracks.
K.
Hair or hair products manufacturing.
L.
Chicken hatchery.
M.
Kennel, Commercial.
N.
Solar energy equipment.
[Added 2-6-2017 by Ord. No. 429]
§ 230-79 Conditional uses.
Conditional uses requiring Board authorization shall be as follows:
A.
Towers, but subject to the following minimum additional requirements in addition to all requirements of this article as applicable.
(1)
Towers must meet all international building code requirements in addition to those as may be required by federal or state law.
[Amended 10-19-2021 by Ord. No. 458]
(2)
The engineering, design and construction of towers is subject to approval of the Board.
(3)
The Board may impose setback distances and require landscaping plans and security fencing as appropriate.
[Amended 10-19-2021 by Ord. No. 458]
B.
The operation of an aquaculture facility and business, including but not limited to the raising and production of fish and all types of marine life, with the exception of shell fish, but including crayfish, shrimp and related species, in tanks, in enclosures and in enclosed ponds. The permitted use of aquaculture also includes, but is not limited to, the raising of said fish and marine life a hereinbefore recited, the processing of the same on site, including the scaling, evisceration, filleting, packaging, smoking, and/or curing of the same, and the storage of living and processed aquaculture products, but not the long-term storage, processing or on-site disposal of fish and marine life body parts of by-products that are not intended for resale for human consumption.
C.
Gas storage (fuel), including liquefied gas, for distribution to customers.
D.
Candle manufacturing.
E.
Concrete mixing plants.
F.
Cooperage works.
G.
Meat packing and seafood packing, but not stockyards or slaughterhouses.
H.
Sandblasting or cutting.
I.
Sawmill or planing mill or the manufacture of excelsior, wood fiber or sawdust products.
J.
Stone or monument works employing power driven tools.
K.
Boiler shops, machine shops, structural steel fabrication shops and railway repair shops.
L.
Brick, pottery, tile or terra cotta manufacturing.
M.
Forge or foundry works.
N.
Any other use which in the opinion of the Board of Zoning Appeals is of similar character to those specified above.
O.
Community treatment facility (rehabilitation house), secure community transition facility (halfway house) subject to the following conditions:
(1)
The use is located or maintained at a distance so that it is not across the street from, across the parking lot from, adjacent to, or within the line of sight of the following preexisting uses, as measured from the nearest property line of the secure community transition facility or community treatment facility to the nearest property line of the preexisting use. The definition of "within line of sight" means that it is possible to reasonably and visually distinguish and recognize individuals. For the purposes of granting a conditional use permit, the Board of Appeals shall consider an unobstructed visual distance of 600 feet to be "within line of sight." Through the conditional use process, "line of sight" may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet.
(a)
Public library;
(b)
Public playground, sports field, recreational center, community center, park, publicly dedicated trail;
(c)
Public or private school and its grounds of pre-school to twelfth grade;
(d)
School bus stop;
(e)
Child day-care center;
(f)
Place-of worship such as church, mosque, synagogue, and temple;
(g)
Another Secure Community Transition Facility subject to the provisions of this section; and
(h)
Any other risk potential activity or facility identified by the Board of Appeals.
(2)
The secure community transition facility or community treatment facility shall meet all applicable state, federal, and local licensing for a facility authorized by state, federal, or local authorities to confine and treat sex offenders through a rehabilitation treatment program for those conditionally released from total confinement under a court-ordered civil commitment; and
(3)
The applicant shall demonstrate that it has met all the standards required by state law for public safety, staffing, security, and training, and those standards shall be maintained for the duration of the operation of the secure community transition facility or community treatment facility.
P.
Small wind energy system may be permitted as an accessory use in M-1 District 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 an additional 20 feet from:
(a)
Any state, city or county right-of-way or the nearest edge of a state, city or county roadway, whichever is closer;
(b)
Any right of ingress or egress on the owner's property;
(c)
Any overhead utility lines;
(d)
All property lines; and
(e)
Any existing guy wire, anchor or small wind energy tower on the property.
(3)
Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
(4)
Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the small wind energy systems, such as appurtenant structures, shall be limited to that required for safety purposes, and shall be reasonably shielded from abutting properties.
(5)
Appearance, color, and finish. The wind generator and wind tower shall remain painted or finished the color or finish that was originally applied by the manufacturer.
(6)
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, wind tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.
(7)
Code compliance. A small wind energy system including wind tower shall comply with all applicable construction and electrical codes.
(8)
Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission regulations.
(9)
Small wind energy systems shall not be attached to any building, including guy wires.
(10)
Each property is eligible for two small wind energy systems only.
(11)
Abandonment.
(a)
A small wind energy system that is out-of-service for a continuous six-month period will be deemed to have been abandoned. The Zoning Administrator may issue a Notice of Abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The Owner shall have the right to respond in writing to the Notice of Abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action, within 30 days from the date of the Notice. The Administrator shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned.
(b)
If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the wind tower at the Owner's sole expense within three months of the date of Notice of Abandonment. If the owner fails to remove the wind generator from the wind tower, the Administrator may pursue a legal action to have the wind generator removed at the Owner's expense.
(12)
Public service commission. In accordance with the Maryland Annotated Code, Public Utilities Companies 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 their main power company shall apply to the Public Service Commission (PSC) for approval and provide documentation of such approval to the City prior to construction and being issued a building permit.
(13)
Variances. Variances to the distances, restrictions, and standards contained in this article are not permitted.
(14)
Noise. All small wind energy systems shall comply with the limitations contained in the State law.
§ 230-80 General standards and requirements.
A.
Construction and alterations. No buildings, fences, landscaping, wall structure or alterations shall be commenced unless complete plans and specifications therefore, showing the nature, kind, shape, size, construction materials, color scheme and the location of such structure or alteration, and, when requested, any grading plans shall be first submitted to the Planning and Zoning Commission. The Planning and Zoning Commission shall have the right to refuse to approve any such plans or specifications, grading plans, material or color scheme that is not suitable or desirable in its opinion for aesthetic or other reasons. Every building or other structure placed on any part of said property shall be constructed from new material. The exterior walls of all such buildings or structures shall be fireproof material. No wooden frame buildings are allowed.
B.
Lot size. The minimum lot size for industrial development will be two acres.
C.
Setbacks. All buildings and other structures shall comply with the following setback requirements (minimums):
(1)
Front setback: 50 feet from street right-of-way.
(2)
Rear setback: 25 feet, except a rear property line 40 feet from any adjoining residential zoned property.
(3)
Side setback: 50 feet from any street right-of-way or adjoining property, except 30 feet from any adjoining industrial-zoned property line.
[Amended 6-2-1997 by Ord. No. 349]
D.
Appearance and landscaping.
(1)
Front setback areas shall be used for grass, shrubbery, ornamental trees, standard width driveway and/or sidewalk and shall be maintained in a park like condition at all times. Other land areas, including those at the sides of buildings, shall likewise be maintained in a condition which is compatible with the landscaped front area. Landscaping shall be accomplished within one year of completion of the initial building. Landscaping plans must be approved, in writing, by the Pocomoke City Planning and Zoning Commission.
(2)
All automobiles and truck parking and/or loading areas shall be adequately screened from the road or roads on which the property faces by the construction and proper maintenance of a suitable fence or planting screen. All lessees, tenants or users of any parcel must maintain such landscaping in a condition as to present a pleasing appearance.
(3)
No truck parking, loading or storage areas are permitted in the front of the property.
E.
Loading docks. No loading dock shall be located fronting on any street without the written consent of the Pocomoke City Planning and Zoning Commission. Provisions for handling all freight, either railroad or truck, insofar as possible, shall be on those sides of any building which do not face any street or proposed street. Where possible, all loading shall be accomplished in the rear of the premises.
F.
Parking. On street parking is not permitted. Adequate parking spaces shall be provided by the owner on the site for all types of vehicles, including those of employees, managerial personnel, visitors and other vehicles associated or used in any manner, whether regularly or temporarily, with respect to the operation of the owner's business. The required parking spaces shall be constructed to provide a dust free and all-weather surface. No parking shall be allowed in front of any building. Parking areas should be landscaped for aesthetic purposes.
G.
Grades. No change in grade or elevation of land shall be made without written approval from the Pocomoke City Planning and Zoning Commission.
H.
Time limitations. Should building construction not be started in good faith within one year of land purchase, the owner shall resell the land to Pocomoke City at the original price. Once erection of any building is begun, work thereon must be prosecuted diligently and it must be completed within a reasonable time.
I.
Storage. No storage is permitted in setback areas. Outside storage of refuse, mobile equipment, tanks, containers, pallets and like materials is permitted only if screened with suitable landscaping, plantings or decorative walls which attractively and adequately screen from view the materials stored. No truck parking or storage area is permitted in the front of the property.
J.
Signs. Signs shall contain only the name of the business, its slogan, trademarks, if any, and brief mention of products or services. Signs may not extend above the principal roof of the building, except that a sign may be attached flat against or painted on a parapet wall not exceeding five feet above such roofline. Freestanding signs may be constructed on the property but may not exceed six feet in height. Total sign area allowed will be up to two square feet per foot of building frontage, up to a maximum aggregate of 300 square feet in area. No billboard, sign or other advertising device of any character shall be erected, posted, displayed or permitted upon any part of the herein described property, except with the written approval of the Pocomoke City Planning and Zoning Commission.
K.
Fire hazard; nuisances. No part of the land and no building or structure erected thereon shall be used or allowed to be used at any time for the manufacture, storage, distribution or sale of any product which may increase the fire hazard of any adjoining property or which shall cause a nuisance, nor shall any activity be engaged in which injures the reputation of the park or of the neighboring properties.
L.
Maintenance of premises. Premises must at all times be kept in a safe, clean, wholesome condition and comply in all respects with government, health and policy regulations and requirements. All refuse or rubbish of any character whatsoever must be promptly removed and not allowed to accumulate on the premises, notwithstanding the provisions of Subsection I above.
M.
Site coverage. No building shall be erected upon an area in excess of 50% of the parcel upon which it is located, exclusive of required parking, driveways, loading, etc. The Pocomoke City Planning and Zoning Commission reserves the right to modify a minimum ratio of building area to site area in order to make efficient use of the industrial park property.
N.
Building uses. No building shall be constructed or used primarily for residential, retail or commercial purposes. Retailing of merchandise is allowed on site only if it is a secondary use.
O.
Underground wires. All electrical and telephone connections and wires to buildings facing on streets or highways shall be made underground from the nearest pole line, and any transformer required shall not be located on any pole line but shall be placed on the surface and shall be adequately screened and fenced, and all such installations shall be subject to approval by the Pocomoke City Planning and Zoning Commission.
P.
Temporary structures. No structure, covering, garage, barn or other outbuilding of a temporary nature shall be situated, erected or maintained on any parcel on the subject property. This subsection shall not apply to construction buildings and/or storage facilities used during the course of construction of any permanent building which is to be located on the subject property.
Q.
Fences. No hedge, fence or wall shall be grown, constructed or maintained on those portions of any parcel within side or rear yard setback areas that exceeds eight feet in height. No fence, hedge or wall shall be allowed within the front yard setbacks.
R.
Resubdivision. The property shall not be resubdivided until a plan for such proposed resubdivision shall have been submitted and approved pursuant to Chapter 205, Subdivision of Land.
S.
Change of use of property. No use of property other than uses approved by the Pocomoke Planning and Zoning Commission shall be permitted without the review and approval of the Pocomoke City Planning and Zoning Commission.
T.
In the event that any provisions of the within industrial park district code shall be in conflict with any other provision of this chapter, the provisions herein shall control.
U.
Notwithstanding any other provision of this article, any property in the M-1 Zone which is owned and developed by the City of Pocomoke City need not conform to these requirements.
§ 230-81 Height regulations.
No principal structure shall exceed three stories or 40 feet in height. All public and semi-public utility buildings and structures must meet the requirements of § 230-93.
§ 230-82 Prohibited uses.
The following uses shall be prohibited in the M-1 District:
A.
Any use in conflict with any law or regulation of Pocomoke City, Worcester County, the State of Maryland or the United States of America.
B.
Any dwelling, house trailer, school, hospital, church, clinic or other institution for human care, provided that any dwelling, trailer, school, hospital, church, clinic or other institution for human care legally existing in the M-1 District at the time of the enactment of this chapter or any amendment thereto shall not be subject to any of the limitations or other regulations prescribed for nonconforming uses elsewhere in this chapter.
C.
Any of the following uses:
(1)
Acetylene manufacture in excess of 15 pounds pressure per square inch.
(2)
Acid manufacture.
(3)
Asphalt or tar roofing or waterproofing manufacture.
(4)
Bleaching powder, ammonia or chlorine manufacture.
(5)
Celluloid or pyroxylin manufacture or processing.
(6)
Creosote manufacture or creosoting plant.
(7)
Disinfectant, insecticide or poison manufacturing.
(8)
Distillation of bones.
(9)
Manufacture or storage of explosives, including fireworks.
(10)
Fat rendering.
(11)
Feed manufacturing from refuse or mash.
(12)
Gas generation.
(13)
Glue or size manufacture.
(14)
Lime, gypsum, plaster or plaster of paris manufacture.
(15)
Match manufacture.
(16)
Nuclear materials, production or processing.
(17)
Oil or gas drilling or wells.
(18)
Paper or pulp manufacturing.
(19)
Petroleum refining or reprocessing of petroleum or coal tar products.
(20)
Potash manufacturing.
(21)
Radium extraction.
(22)
Soap manufacturing.
(23)
Soda, soda ash, caustic soda or washing compound manufacture.
(24)
Starch, glucose or dextrine manufacture.
(25)
Sugar refining.
(26)
Tar distillation or manufacturing.
(27)
Turpentine, varnish or shellac manufacture.
(28)
Chicken house for raising chickens or other fowls except chicken hatcheries.
(30)
Fuel depots.