Ordinance No. 789, approved on August 3, 1959, by the mayor and council of the City of Salisbury, together with all subsequent amendments thereto, and known as the "Zoning Ordinance of the City of Salisbury" is repealed and reenacted as follows, beginning with the title.

(Prior code § 150-1)

This title, including the zoning maps made a part hereof, shall be known and referred to as the "Zoning Ordinance of the City of Salisbury, Maryland."

(Prior code § 150-2)

By authority of Acts of General Assembly of Maryland and by the authority of Article 66B of the Annotated Code of Maryland, and by powers set forth in the City Charter, the City of Salisbury is empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for off-street parking, trade, industry, residence or other purposes.

(Prior code § 150-3)

The method to be used for carrying out the legislative intent shall be by ordinance of the city council dividing the city into districts of such number, shape and area as may be deemed necessary to carry out the purpose of the grant of powers in the Land Use Article of the Annotated Code of Maryland to promote health, safety, morals and the general welfare of the community. Within such districts the city 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 Acts and Articles expressed in the legislative authority above.

This title (Title 17) 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 the City of Salisbury, provided that such land, buildings or other structures are used for a public purpose.

(Prior code § 150-4)

(Ord. No. 2716, 5-25-2022)

Where it is not clear from the provisions of this title that a proposed use is intended to be prohibited in a district, the provisions of that section setting forth the uses permitted in that district shall prevail; and if the proposed use is not one in the list of those permitted, it shall be prohibited.

(Prior code § 150-4.1)

Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the title as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Prior code § 150-5)

It is not intended by this title to repeal, abrogate, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules or regulations previously adopted or in effect pursuant to law. However, wherever this title imposes greater restrictions, the provisions of this title shall govern.

(Prior code § 150-6)

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 title, the council, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation and to prevent the occupancy of any building, structure or land in violation, or any act, conduct, business or use in violation, of this title.

(Prior code § 150-7)

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating in full the causes and basis thereof, shall be filed with the department of building, permitting and inspections or the department of neighborhood services and code compliance depending on the nature of the claim. Either the building inspector or the housing inspector shall properly record the complaint, immediately investigate and take action thereon as provided by this title.

(Ord. 1976 (part), 2005: prior code § 150-8)

Any person who shall construct, extend, alter, repair, change, convert or use any building or use any land or change the use of any land or building in violation of this title or who shall neglect to obtain the permit required by this title shall be guilty of a municipal infraction and shall be fined as provided in Section 1.16.100. The violator shall elect to pay the fine or stand trial. Failure to pay the fine by the time specified or to file intent to stand trial may result in adjudication of the case through the district court in accordance with the procedure set forth for municipal infractions in Local Government Article § 6-101 through § 6-115, of the Annotated Code of Maryland.

(Prior code § 150-9)

(Ord. No. 2459, 10-9-2017)

For the purpose of this title, the following rules shall be observed and applied, except where the context indicates otherwise:

A.

Words used in the present tense shall include the future; words used in the singular number shall include the plural, and the plural the singular.

B.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

C.

Whenever a provision or regulation applies to a "building" or "structure," it shall be deemed to apply to any part or portion of such building or structure.

D.

The word "city" means the City of Salisbury, Maryland.

E.

The word "board" means the Board of Appeals for the City of Salisbury, Maryland.

F.

The word(s) "commission" or "planning commission" shall mean the Salisbury-Wicomico County Planning and Zoning Commission.

G.

The word "council" shall mean the Salisbury city council.

H.

The word "person" includes individuals, firms, corporations, partnerships, associations and all other legal entities.

I.

The word "used" and "occupied" shall be considered as though followed by the words "or changed, intended or designed to be occupied or used."

J.

Unless otherwise specified, all distances shall be measured horizontally, and setbacks shall be measured from the curbline.

(Ord. 1599 § 4 (part), 1995; prior code § 150-16)

(Ord. No. 2769, § 1, 2-13-2023)

The following definitions have been used or considered in the construction of this title and shall be used in its interpretation:

"Accessory apartment" means a dwelling unit, limited to no more than one bedroom, incorporated within a single-family dwelling or its accessory building. The accessory apartment or the principal dwelling shall be occupied by the owner(s) of the property on which the accessory apartment is located.

"Accessory use" means a use which is customarily incidental and subordinate to a principal use and which is located on the same lot therewith.

"Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

"Adult cabaret" means any bar, dance hall, restaurant, or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or waiters or waitresses that engage in specified sexual activities or display specified anatomical areas, or any such business establishment, the advertising for, or a sign identifying which, uses the words, "adult," "topless," "nude," "bottomless," or other words of similar import. Any establishment in which employees perform straddle dances is considered an adult cabaret.

"Adult entertainment business" means an adult arcade, adult cabaret, adult motion picture theater, adult photographic and modeling studio, adult retail store, adult theater, sexual encounter center, or any other business establishment whose primary business stock in trade is dependent upon the activities relating to specified sexual activities, specified anatomical areas, private performances or straddle dances. An adult entertainment business does not include a modeling class operated by a proprietary school, licensed by the state of Maryland, a college, junior college, or university supported entirely or partly by taxation, or a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

"Adult motion picture theater" means any commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult photographic and modeling studio" means any commercial establishment which offers or advertises, as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas, or modeling of apparel that exhibits specified anatomical areas, or modeling, demonstrating, or presenting any product or service for sale, in a private performance setting, in which the model or sales representative exhibits specified anatomical areas.

"Adult retail store" means a commercial establishment that offers for sale or rental for any form of consideration a significant amount of any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations, that depict or describe specified sexual activities or specified anatomical areas; or

2.

Novelty items, games, greeting cards, instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity, and/or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

"Animal hospital" means facilities for the care and treatment of animals by a qualified veterinarian, completely enclosed within a building.

"Animal shelter" means facilities for the seizure and impounding of all unlicensed or untagged dogs and provision of shelter for lost, strayed or homeless animals.

"Apartment" means a dwelling unit, as defined herein.

"Apartment building" means a single residential structure designed and constructed to contain three or more separate dwelling units, regardless of the internal arrangement of such units or the ownership thereof.

"Apartment, efficiency" means a dwelling unit consisting of not more than one habitable room together with kitchenette and sanitary facilities.

"Apartment project" means a group of two or more apartment buildings constructed in accordance with a comprehensive development plan.

"Bed and breakfast inn" means the renting of not more than three rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than six casual and transient adult roomers (and the children of those six adults), provided that:

1.

The renting of such rooms for such purpose is incidental and subordinate to the principle use of the dwelling;

2.

No roomer's stay shall exceed fourteen (14) days in any six month period;

3.

All meals and all amenities connected with the guest rooms shall be solely for use by the owner, the owner's family and the owner's registered guests;

4.

There shall be only one kitchen and no guest room shall include cooking facilities;

5.

The owner shall maintain a guest register, shall preserve all registration records for no less than three years, and shall consent to and thereafter make such records available immediately to the housing official upon request;

6.

The owner may display a single exterior sign, as provided for under Section 17.216.060, "sign standards"; and

7.

The owner has been issued a permit for the use and operation of the owner occupied dwelling as a bed and breakfast inn by the housing official pursuant to the requirements established by ordinance.

"Boardinghouse/rooming house" means a building other than a hotel or restaurant where lodging and/or meals are regularly furnished by prearrangement for which compensation is paid in advance.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy.

"Building, accessory" means a building subordinate to, and located on the same lot with, a main building and designed, intended or used as an accessory use.

"Building deficiencies" means any defect, deterioration or need for alteration in the structure or architectural members of a structure, and shall include the following:

1.

Defects which, under the housing or building code of the City of Salisbury, would require removal;

2.

Deterioration which cannot be corrected by normal maintenance;

3.

Excessive minor defects which, when taken collectively, cause the building to have a deteriorating or undesirable effect on the surrounding area;

4.

"Inadequate" original construction or subsequent alteration;

5.

Inadequate, unsafe or nonconforming plumbing, heating or electrical facilities.

"Building height" means the vertical distance from the grade to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.

"Building inspector" means the department of building, permitting and inspections, and the duly designated building official.

"Building supply and lumber yard" means the sale and storage of supplies and materials used in construction or repair of buildings, but not to include stockpiling, storage or sale of sand, gravel, cement or similar materials.

"Business center" means a group of buildings for business use arranged on a parcel of land or on a group of individual lots in accordance with a predetermined development plan.

"Cannabis" means the plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. Cannabis includes cannabis products. Cannabis does not include hemp or hemp products, as defined in § 14-101 of the Agriculture Article of the Annotated Code of Maryland.

"Cannabis Administration" means the Maryland Cannabis Administration established under Title 36 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.

"Cannabis Business" means a business licensed or registered by the Cannabis Administration to operate in the cannabis industry. This includes, but is not limited to, a grower, processor, or dispensary, to include an on-site consumption establishment, licensed under Title 36 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland. A cannabis business not enumerated as a use, permitted or otherwise, in this Title is prohibited within the City of Salisbury.

"Cannabis Delivery Service" means a cannabis licensee authorized to deliver cannabis in accordance with a cannabis micro license to operate a cannabis dispensary.

"Cannabis Dispensary" means an entity licensed under Title 36 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of the Maryland that acquires, possesses, repackages, transfers, repackages, transports, sells, distributes, or dispenses cannabis or cannabis products including tinctures, aerosols, oils, and ointments, related supplies, and educational materials for use by qualifying patients, caregivers, or consumers through a storefront or through a delivery service, based on license type.

"Cannabis Grower" means an entity licensed under Title 36 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland that cultivates, or packages, cannabis and is authorized by the Cannabis Administration to provide cannabis to other cannabis licensees and registered independent testing laboratories.

"Cannabis Micro License" means a micro license issued in accordance with § 36-401(c)(2) of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.

"Cannabis On-site Consumption Establishment" means an entity licensed under § 36-401(c)(4) of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland to distribute cannabis or cannabis products for on-site consumption other than consumption by smoking indoors. A Cannabis On-Site Consumption Establishment is prohibited within the City of Salisbury.

"Cannabis Processor" means a licensed entity that:

(1)

Transforms cannabis into another product or an extract and packages and labels the cannabis product; and

(2)

Is authorized by the Administration to provide cannabis to licensed dispensaries and registered independent testing laboratories.

"Care home" means a facility established to render domiciliary care for eleven (11) or more chronic or convalescent patients, which includes common features and services, including assistance with daily activities. This category includes assisted-living facilities, rest homes, and nursing homes. This category excludes group domiciliary care facilities and group homes, as defined by this chapter.

"Church" means an institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term shall include buildings and all customary accessory activities including but not limited to a chapel, day care center, school of general instruction, gymnasium, or social hall.

"Clinic—Residential" means a place used for the outpatient care, diagnosis and treatment of sick, ailing, infirmed and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises. Behavioral and mental health counseling, community wellness outreach and education may also be provided. Medication Assisted Treatment ("MAT") for addiction is not permitted.

"Club," "lodge" and "fraternal organization" mean a nonprofit organization whose premises are restricted to members or guests, excluding a fraternity or sorority house.

"Cluster development" means a residential development constructed in accordance with a comprehensive development plan, permitting reduction and modification of lot area and size, provided that any reduction in area is retained as open space. Cluster development provides for the grouping of lots and open space in predetermined areas on the tract as an alternative to traditional zoning, while maintaining the established density of development for the district in which the cluster development is located.

"Commercial auction" means the sale of any article or property, excluding animals and farm produce, by auction, conducted entirely within the confines of a building so that noise from within the building does not pass beyond the lot lines, and provided that there is no outside storage of inventory or property to be sold at said auction on the same or contiguous lots.

"Common open space" means open space within the boundaries of a development, designed and set aside for use by all residents or a designated portion of residents of the development under the bylaws of an association.

"Community impact statement" includes the following:

A.

A marketing study related to the type of development proposed; e.g. retail marketing, housing market, transient housing, etc. This study shall include an estimate of existing need and reasonable forecast of future demand for the kind of development proposed. It will be used to determine that extent of existing facilities of a type similar to that proposed and used to estimate when development may be needed in the community;

B.

An impact study related to the quantity and kind of improvement and service to be provided by the community for the proposed development. This study should include an estimate of revenue to the community from proposed development and an estimate of the cost of improvements and services required to serve the development. The cost of improvements shall include those immediately needed 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 services and improvements, such as schools, utilities, including sewage, water mains, and storm drains, streets, traffic signals, police and fire protection, refuse collection and disposal, recreation facilities and any other service to be provided by the city;

C.

An environmental impact statement related to the effect of proposed development on natural drainage channels and streams, natural growth, soils, air and water quality, etc., and a statement related to the effect of the proposed development on the use and development of adjoining property and the general neighborhood. This statement should include such considerations as the effects of noise, dust, odor, traffic, lighting, smoke, erosion, sediment control, flooding, change in natural ground cover, etc.

"Community shopping center" means a shopping center containing between one hundred thousand one (100,001) and three hundred thousand (300,000) square feet in gross floor area.

"Compact concrete dispenser" means a concrete dispenser that does not exceed a mix of twenty-five (25) cubic yards of concrete per hour, and a height of thirty (30) feet.

"Comprehensive development plan" means a comprehensive set of plans, specifications and measures for either private or public development, such as but not limited to townhouse development, apartment project, shopping center or other such development permitted in this code. The development plan shall include:

A.

A preliminary comprehensive development plan, at the option of the applicant, showing the design of the development or project in sketch form drawn to scale prior to preparation of the final comprehensive development plan;

B.

A site plan showing the location of all streets, pedestrian ways, rail lines, utility systems and buildings;

C.

Any restrictions to be included in the sale or lease of land for parking, building locations, property maintenance, sign control and any other protective measures;

D.

A schedule, timetable or proposed phasing 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;

E.

A statement of intent to proceed and financial capability of the developer or sponsor;

F.

A community impact statement as defined in this section.

"Comprehensive site plan" means a plan, drawn to scale, which shows the proposed location and dimensions of all roads, vehicular and pedestrian accessways, buildings, building footprints, parking areas, including the type and size of all spaces, open spaces, landscaping, recreation facilities, natural features, drainage ways, fire-fighting facilities, existing zoning, abutting property owners, stormwater management areas, setbacks from all property lines, on-site loading and unloading spaces and recreational facilities, as well as any on-site refuse disposal or recycling areas and facilities or both as may be required by the city together with measures necessary to provide screening in accordance with the requirements of chapter 17.220.

"Construction contractor's equipment, supplies, plant or storage yard" means the storage or keeping of construction equipment, machinery or supplies which are for use by a construction contractor.

"Construction contractor's establishment" means an establishment where a construction contractor conducts his business, including the indoor storage of materials used in the conduct of business.

"Convenience store" means a neighborhood-serving retail sales establishment wherein groceries and other miscellaneous convenience items may be purchased by residents of the neighborhood which it serves.

"Cultivation of land" means the use of land for agricultural purposes limited to raising field crops, horticulture and accessory uses, but excluding animal husbandry.

"Custom repair and service shop" means a shop for the repair and servicing of small appliances, televisions or other household goods, excluding repair and servicing of any type requiring other than pickup trucks and vans for delivery, and excluding repair and servicing of any type of vehicle.

"Day-care center" means any place, however designated, licensed by the appropriate state or county health or welfare agency that, for part or all of a day, or on a twenty-four-hour basis on a regular schedule, and at least twice a week, offers or provides child care to children who do not have the same parentage except as otherwise provided for in law or regulation.

"Day-care facilities for the elderly and handicapped" means any place, however designated, providing training, guidance, counseling and care for the elderly and handicapped during any part of the day, but not to include rest and nursing homes, convalescent homes, or domiciliary care for chronically ill or convalescents.

"Day-care service" means any type of child care, provided on a full-time, part-time or temporary basis, including a day-care center, which is approved, endorsed or licensed by the appropriate state or county agency.

"Density" means the maximum number of dwelling units which are permitted in a given area.

"Developed open space" means that portion of common open space within the boundaries of a development improved for recreational purposes, such improvements to include but not be limited to areas for passive recreation, parks, bridle paths, play lots and playgrounds and sports facilities, such as tennis and shuffleboard courts, golf courses, boating docks and community buildings.

"Dormitory housing" means a building or group of buildings containing rooms forming habitable units which are used or intended to be used for living and sleeping by persons enrolled or participating in an academic or other institution, but not for cooking or eating purposes.

"Dwelling" means a building or portion thereof used for residential occupancy, including single-family, two-family and three-family, but not including hotel, motel or other accommodations used for transient occupancy.

"Dwelling, duplex" means the same as semidetached dwelling.

Dwelling, Multifamily. See "apartment" and "townhouse" definitions.

"Dwelling, patio" means one building arranged or designed as one dwelling unit to either abut one side lot line, hereinafter called the zero lot line, or be within three feet of a lot line, but no portion of which is to encroach upon any adjoining lot other than provided for in Section 17.200.020(A), Note b, and separated from any other building or structure by space on all sides.

"Dwelling, semidetached" means a building arranged or designed to contain two abutting single-family dwelling units, separated from each other by a vertical party wall, and separated from any other building or structure by space on all sides.

"Dwelling, single-family" means a dwelling containing one dwelling unit.

"Dwelling, single-family attached" means a dwelling which is joined to another dwelling at one or more sides by an approved party wall or walls.

"Dwelling, single-family detached" means a dwelling arranged or designed for occupancy for only one family which is not attached to any other dwelling.

"Dwelling, three-family" means a dwelling containing three dwelling units.

"Dwelling, two-family" means a dwelling containing two dwelling units.

"Dwelling unit" means a single unit providing complete independent facilities for occupancy by one family and containing permanent provisions for living, sleeping, eating, cooking and sanitation (bathroom).

"Environmental deficiencies" means those deficiencies which affect the living standards of the persons occupying the premises, and shall include the following:

A.

Overcrowding or improper location of structures on the land which are evidenced through violation of setbacks and/or yard restrictions;

B.

Excessive dwelling density or density that exceeds that permitted in the district;

C.

Obsolete building types (i.e., large residential buildings or other buildings which, through lack of maintenance, have a blighting influence);

D.

Detrimental land use or conditions such as incompatible uses, structures in mixed use not permitted by this chapter or adverse influence from noise, smoke, fumes or traffic;

E.

Unsafe, congested, poorly designed or otherwise deficient streets (i.e., streets not in conformance with current city standards);

F.

Inadequate public utilities or community facilities contributing to unsafe living conditions or economic decline.

"Family" means and includes, subject to the exceptions stated below:

I.

A core consisting of one person living alone or one of the following groups living as a single housekeeping unit:

A.

Two or more persons who are related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, such as foster children, placed by an agency licensed to operate in Maryland;

B.

Up to a maximum of four persons who are not so related, hereinafter referred to as "unrelated persons" provided, however, that:

1.

a.

Any existing lawful occupancy, in any dwelling or dwelling unit, including an apartment, in an R-5, R-8 or R-10 district or in Spring Chase PRD No. 1, the maximum shall be two unrelated persons, not including the children of either of them, after December 16, 2002, subject to the occupancy permitted by subsections (I)(B)(1)(b) and (c) of this section.

b.

Any existing lawful occupancy, in any dwelling or dwelling unit, including an apartment in an R-5, R-8 or R-10 district, or Spring Chase PRD No. 1, the maximum shall be three unrelated persons, not including the children of either of them, if the dwelling or dwelling unit was occupied by three unrelated persons, during the one year period prior to December 16, 2002. The occupancy may continue as a nonconforming use. In an apartment, the maximum occupancy shall not exceed the number of unrelated persons set forth in subsection (I)(B)(1)(c) of this section.

c.

Any existing lawful occupancy, in any dwelling or dwelling unit, including an apartment in an R-5, R-8 or R-10 district, or Spring Chase PRD No. 1, the maximum shall be four unrelated persons, not including the children of either of them, if the dwelling or dwelling unit was occupied by four unrelated persons, during the one year period prior to December 16, 2002, and meets the requirements of Section 15.24.1600. The occupancy may continue as a nonconforming use. In an apartment, the maximum occupancy shall not exceed the number of unrelated persons set forth in subsection (I)(B)(2) of this section.

d.

The following lots are exempt from the occupancy restriction set forth in subsection (I)(B)(1)(a) of this section: all dwelling units shown on an approved final comprehensive development plan; and where the total land area shown thereon is subject to a special exception granted by the board of appeals prior to December 23, 2002; and for which the director of building, housing and zoning has determined that the units were proposed and constructed primarily for student housing.

2.

In any district other than an R-5, R-8 or R-10 district, in an apartment or any attached dwelling unit, except a townhouse or duplex dwelling, the maximum shall be the following number of unrelated persons not including the children of any of them:

Two - in an efficiency or one bedroom unit;

Three - in a unit having two or more bedrooms; or

Four - in any unit constructed after November 25, 2002 (effective date of Ordinance No. 1864) having two or more bedrooms, if the entire parcel or tract of land on which it is located complies with the off-street parking requirement in effect when it was completed.

All dwelling units shall comply with parking code requirements.

C.

1.

A group of not more than four persons who are approved by the Department of Neighborhood Services and Code Compliance pursuant to Section 15.24.1620(1) as a "functional family," and

2.

A group of four or more disabled persons (as defined by the Americans with Disability Act), who are approved by the Department of Neighborhood Services and Code Compliance pursuant to Section 15.24.1620(2).

II.

In addition to its core member(s) a family may include:

A.

One or more persons who provide health care or assisted living services to any core member of the family that are essential to the health, safety or general well-being of such core member, by performing such services at least eight hours each day.

B.

One or more domestic servants who perform personal or household services at the dwelling or dwelling unit at least eight hours each day.

C.

In the case of an owner-occupied dwelling unit in an R-5, R-8 or R-10 district, one person who is not a core member of the family, provided that no more than two unrelated persons, not including any permitted provider of health care or assisted living services, may reside in the dwelling.

III.

A "family" may not include or consist in whole or in part of:

A.

Any society, club, fraternity, sorority, association, lodge, federation, or like organization.

B.

Occupants of a rooming house or boarding house.

C.

Persons whose association as a group is temporary or seasonal in nature.

D.

Persons living in a group arrangement as a result of criminal conduct.

IV.

The "family" definition shall be applied to occupancy in accordance with the requirements of state and federal law.

"Family day-care home" means any dwelling unit either licensed or registered by the appropriate state and/or county health or welfare agency to provide care for no more than eight children separated from their parents or guardians during any part of the day and occupied by the family of the licensee, provided that written consent is obtained from the owner(s) of the unit and owner(s) of any attached dwelling units. Any such consent may be withdrawn after thirty (30) days' written notice by the owner of said unit to the day-care home operator.

"Floodplain" means a relatively flat or low land area adjoining a river, stream or watercourse, which is subject to partial or complete inundation, or any area subject to the unusual and rapid accumulation of runoff of surface waters or from tidal action or from any source, and specifically including those areas subject to the United States Department of Housing and Urban Development, Federal Insurance Administration, Flood Hazard Rate Maps (Flood Hazard Boundary Maps) for the City of Salisbury.

"Floor area, gross" means the floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.

"Fraternity" or "sorority" means a private club maintained exclusively for members affiliated with an academic or professional college or university or other recognized institution of higher learning, wherein members may reside and conduct social activities.

"Gross leasable area" means the total floor area of a building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the center line of joining partitions and from outside wall faces. It is all that area on which tenants pay rent.

"Gross tract area" means the area of land within the boundaries or property lines of a proposed development.

"Group domiciliary care facility" means a facility which does not constitute a group home and which provides lodging and residence services in a single dwelling which is occupied by ten or fewer unrelated persons, including support personnel and that provides service and supervision by licensed operators in accordance with federal, state and local laws, regulations and requirements. Residents shall be the elderly or persons protected by reason of handicap or familial status under the Federal Fair Housing Act, as amended, or Maryland housing discrimination statutes. As permitted by 32 U.S.G.S. section 3604(f)(9), the residents of a group domiciliary care facility shall not include any person who, during his term of residence 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.

"Group home" means a facility providing housing facilities and/or rehabilitation in a single dwelling for not more than ten 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 or has involved behavior related to violent felony crime. 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 his term of residence 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 home.

"Hairdresser shop" means a barbershop or beauty shop, or combination thereof.

"Home occupation" means an accessory use conducted entirely within a detached single-family dwelling or its residential accessory building, which is clearly incidental and secondary to the use of the property for residential purposes and which does not change the character thereof, and provided that:

A.

No person other than members of the family residing on the premises shall be engaged in such occupation;

B.

There shall be no change in the outside residential appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the exterior of the building;

C.

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuation in line voltage outside the dwelling or which creates noise not normally associated with residential uses shall be prohibited;

D.

No vehicle or pedestrian traffic shall be generated by the home occupation greater than normal for the district in which it is located;

E.

To the extent that there is any sale of any item related to a home occupation, no delivery of that item to the buyer shall occur on or adjacent to the premises;

F.

No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.

"Home office" means an accessory use conducted entirely within a room(s) located in a detached single-family dwelling, provided that:

A.

The dwelling is the bona fide residence of the principal practitioner;

B.

There is no more than one employee or person engaged in or serving the business other than the principal practitioner;

C.

There shall be no change in the outside residential appearance of the dwelling or premises or other visible conduct of such office other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the exterior of the dwelling;

D.

There shall be no mechanical or electrical equipment used that will interfere with use of adjoining properties;

E.

There is no outside storage or display of any material visible outside the dwelling;

F.

Parking is provided only between the front building line and the rear lot line;

G.

There is no outside storage of trucks or vans used in conduct of the business.

"Hotel," "motel" or "motor hotel" means an establishment where sleeping accommodations for transient customers are provided.

"Housing for the elderly and handicapped" means a dwelling specifically designed for the needs of the elderly and/or handicapped person or persons and conforming to the requirements of state and/or federal programs providing for housing for the elderly and/or handicapped.

"Housing inspector" means the department of neighborhood services and code compliance and the duly designated housing official.

"Industrial auction" means the sale of animals, farm produce or any article or property by auction, conducted on a lot without regard to whether there may be outside storage of inventory or property to be sold or whether the auction is conducted within a building or in the open.

"Industrial vocational training school" means a public or private school which trains students in industrial skills.

"Junkyard" means any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or unregistered, inoperable motor vehicles, marine equipment and/or vessels or other type of junk.

"Kennel" means any place in or at which any number of dogs or cats are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged.

"Landscaping" means a combination of grass and shrubs and/or trees and other decorative plantings, materials, statues, fountains and other special features as may be approved by the planning commission.

"Liquor store" or "liquor dispensary" means any establishment or business which keeps for sale or sells liquor in any quantity and delivers the same in a sealed package or container which is not to be opened nor its content consumed on the premises where sold.

"Lot" means land occupied or to be occupied by a building and any building accessory thereto or by a building group and any buildings accessory thereto, with open space and land area required by this chapter, and having its principal frontage on a public street or public way or on a private right-of-way or easement as approved by the planning commission and/or council.

"Lot area" means the total horizontal area included within lot lines.

"Lot, corner" means a lot at the junction of and abutting on two or more intersecting streets.

"Lot coverage" means the percentage of land permitted by this chapter to be covered by a building or buildings.

"Lot depth" means the average horizontal distance between the front lot line and rear lot line for an interior lot. In the case of a corner lot, the lot depth is the greater of the average horizontal distances between the front lot lines and the respective side lot line opposite each.

"Lot frontage" means the side(s) of a lot abutting a street(s); on a corner lot, the shortest side that abuts a street; where sides are of equal length, the side fronting on the street having the longest frontages within the same block.

"Lot, interior" means any lot other than a corner lot.

"Lot lines" means lines bounding a lot as hereinafter described:

A.

"Front" means the line running along the front of a lot and separating it from the street. In a through lot, both lines abutting streets are deemed front lot lines.

B.

"Rear" means the line generally opposite or parallel to the front lot line, except in a through lot. If a rear lot line is less than ten feet long or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line at least ten feet long, lying wholly within the lot parallel to the front lot line, or if the front lot line is curved, parallel to the chord of the arc of said front lot line.

C.

"Side" means any lot line other than a front or a rear lot line.

"Lot of record" means land designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed filed in the land records of Wicomico County.

"Lot, through" means an interior lot fronting on two streets.

"Lot width" means the mean horizontal distance between the side lot lines of a lot measured at the setback/building line.

"Marina" means a facility for the docking, storage, servicing and sale of recreational boats.

"Medical-care facility" means a facility, however designated, providing medical treatment and short-term inpatient care, other than a hospital or medical clinic.

"Mixed-use building" means a building or structure of less than fifteen thousand (15,000) square feet containing two or more different uses.

"Mobile home" means a detached residential unit containing not less than five hundred (500) square feet of gross livable floor area in the original manufactured unit, designed and intended for repeated or periodic transportation in one or more sections on the highway, on a chassis which is permanent or designed to be permanent, and arriving at the site where it is to be occupied, complete and ready for occupancy except for minor and incidental unpacking and assembly of sections, location of jacks or other foundations, connection to utilities and the like. Units commonly known as "double-wides" and any unit classified by an applicable financing or construction standard, including without limitation, the United States Department of Housing and Urban Development Regulations, State of Maryland Department of Economic and Community Development Regulations or state or federal law, as such laws or regulations are in effect as of the date of passage hereof, as a mobile home shall be considered mobile homes. The placing of a mobile home on a permanent foundation or the construction of additions, porches and the like shall not change the classification of such mobile home. Recreational trailers and vehicles and modular homes are not considered as mobile homes.

"Mobile home park" means any lot, parcel or tract of land planned, developed and improved for the placement of three or more mobile homes on a permanent or semi-permanent basis.

"Modular home" means a detached residential unit built to a recognized building code, containing not less than five hundred (500) square feet of gross livable floor area in the original manufactured unit, designed and intended for delivery by transportation on the highway for permanent assembly on a permanent and separately constructed foundation. A modular home may be considered a single-family dwelling. A modular home must meet the requirements and definitions of the Maryland Industrialized Buildings and Mobile Homes Act as in effect as of the date of passage hereof.

"Multi-use facility" means two or more similar or different uses on a lot or parcel that are conducted in physically separate areas and permitted inherently or otherwise in the district in which located, provided that the lot or parcel and improvements thereon satisfy the total parking, lot area and other requirements of the uses; the facility shall not be deemed to be a shopping center if the total floor area of the uses in which the principal activity is on-site retail sales does not exceed one-third of the gross floor area of the entire facility.

"Neighborhood shopping center" means a shopping center not exceeding one hundred thousand (100,000) square feet in gross floor area.

"Net tract area" means the gross project area less the area of land devoted to streets.

"Nonconforming use, structure, lot and dwelling." See chapter 17.16.

"Nudity" or "state of nudity" means the visibility or exposure of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.

"Nursery school" means a licensed establishment providing care and an educational program under the jurisdiction of and accredited by the state Board of Education to up through second grade aged children.

"Open space" means the portion of a tract of land within the boundaries of a development not covered by principal and accessory buildings, parking lots, streets and utility structures, except buildings and structures for recreational use.

"Outdoor advertising structure" means any structure which contains a sign, poster, panel, billboard, painted bulletin or any other structure, device, surface or display which advertises or displays any other message related to a business, profession, commodity, service or entertainment or event conducted, sold or offered elsewhere than on the premises where the advertising structure is located.

"Outdoor storage yard" means the keeping or storing, other than in a wholly enclosed building, of goods, items, materials or merchandise, except for scrap materials, debris, or a junkyard.

"Parks" and "playgrounds, public and private" means recreation facilities, such as picnic areas, ballfields, basketball and tennis courts, etc., not operated for profit.

"Pet-grooming shop" means an establishment wherein pets may be bathed, clipped or otherwise groomed, but not to include facilities for overnight care, boarding, breeding or medical treatment.

"Plat" means a sketch, map or survey of a lot(s), tract or parcel of land, indicating lot lines, street rights-of-way and easements, with the dimensions of these features inscribed thereon.

"Principal use" means the principal purpose for which a lot or the main building or structure thereon is used, occupied or maintained.

"Private club" means an association for civic, social, cultural, religious, literary, fraternal, political, recreational, or like activities, which is operated for the benefit of its members and not open to the general public.

"Private performance" means the modeling, posing, or display or exposure of any specified anatomical area by an employee of an adult entertainment business to a person other than another employee, while the person is in an area not accessible during such display to all other persons in the establishment, or while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of persons outside the area.

"Public" or "private utility buildings and uses" means facilities and structures owned or maintained by a government, a public or private agency or a public or private utility company for the purpose of and directly necessary for rendering or providing communication, electric, gas, sewer, water or comparable service of a public utility nature, and in fact used in the rendition of such service. Nothing in this title or amendment thereto is intended to limit or restrict the use of property in any zone for poles, mains, pipes, conduits or wires erected and maintained for the transmission and distribution of electric energy over wires for any lawful purpose or gas to customers for such energy or municipal water or sewer services or any equipment or device necessary or incident to such use or uses.

"Public utility operation center" means facilities, structures and any or all uses directly relating to the operation and maintenance of a public utility:

A.

Including, but not limited to:

1.

Operating utility system controls;

2.

Business offices and associated accessory uses;

3.

Indoor and outdoor repair, maintenance and/or storage of motor vehicles and utility construction and maintenance equipment; and associated storage of fuels, lubricants, coolants and fluids and substances, not for sale to the public;

4.

Indoor and outdoor assembly, repair, maintenance, testing and storage of utility system components, equipment, tools and supplies; and;

5.

Staging area for contractors constructing, repairing, and/or maintaining the utility system;

6.

And may include a solar farm.

"Recreation Center" includes both recreational establishment, indoor and recreational establishment, outdoor as defined in this Chapter.

"Recreational establishment, indoor" means billiard parlor, bowling alley, skating rink, tennis or racquetball center, automatic amusement device center, swimming pool, convention hall and other similar indoor recreational uses.

"Recreational establishment, outdoor" means miniature golf course, amusement park, private zoo, kiddieland ride, driving range, sports stadium, arena and other similar outdoor recreational uses.

"Recreational vehicle" means any type of vehicle, whether self-propelled, vehicle-mounted or vehicle-pulled, used for camping or recreational purposes, including but not limited to pickup campers, motor homes, tent campers and travel trailers.

"Regional shopping center" means a shopping center containing more than three hundred thousand (300,000) square feet in gross floor area.

"Restaurant" means any establishment of which the principal business is the sale of food and of which the principal method of operation is to serve food ordered from a menu to seated customers at a table, booth or counter inside the establishment. 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.

"Restaurant, fast-food" means any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can readily be eaten outside the premises where it is sold and where facilities for on-premises consumption of food are insufficient for the volume of food sold.

"Restaurant, fast-food cafeteria" means any establishment where ready-to-eat food is available upon a short waiting time and served to customers on a tray through a cafeteria line for consumption at a table, booth or counter inside the establishment.

"Restaurant, fast-food carry-out" means any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can readily be eaten away from the premises where it is sold and where there are no facilities for on-premises consumption of food.

"Restaurant, fast-food drive-in" means any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can readily be eaten outside the premises and whose principal method of operation is to serve food to customers in motor vehicles.

"Resubdivision" means a subdivision which has been altered by changing of a line, bearing or other measurement and which is subsequently platted and recorded in a legal manner.

"Retail establishment" means a structure containing one retail use or several uses under one ownership in one structure or within one unit of a structure from which merchandise is sold to the general public including the rendering of services incidental to the sale of such merchandise.

"Satellite simulcast betting facility" includes any place where pari-mutuel betting occurs on any race that is simulcast from any type of sending track by either thoroughbred or harness racing or any other type of human, animal or vehicle racing; or on any other type of sporting event. This definition also includes any place known as an off-track betting (OTB) facility. No such facility shall be allowed in any city zoning district.

"School of general instruction" means a public, parochial or private school or college providing regular instruction at least five days a week (except for holidays) for a normal school year, but not including a school of special instruction, a nursery school, unless conducted as part of a school of general instruction, or a riding school.

"School of special instruction" means a school primarily devoted to giving instruction in vocational, professional, commercial, musical, dramatic, artistic, linguistic, scientific, religious or other special subjects, but not including a nursery school, or a riding school.

"Screening" means landscaping, berms or fencing, or any combination thereof, designed to obstruct view of a particular use.

"Self storage" means a facility used for the purpose of renting or leasing secure, interior, individual storage space. This may include rooms, compartments, and lockers in which individuals store and remove their own goods, records, and personal property on a self-service basis. This definition does not preclude such self storage from inclusion within other use categories (i.e. warehousing).

"Setback/building line" means a line parallel to the front lot line beyond which no principal building or structure is permitted to extend.

"Sexual conduct" means any and all acts or conduct which include, involve, or which display, exhibit, or simulate the following:

1.

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law;

2.

The touching, caressing, and/or fondling of the breast, buttocks, anus, or genitals; or

3.

The displaying of the breasts, buttocks, pubic hair, anus, vulva or genitals.

"Sexual encounter center" means a commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

1.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

2.

Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity.

"Shopping center" means two or more commercial establishments either in one structure or in two or more separate structures built on one parcel of land that is planned and developed as an operating unit related in location, size and type of shops to the trade area that the center is designed to serve; it provides common on-site parking access and other amenities in definite relationship to the type and total size of the center.

A.

"Neighborhood" means a shopping center not exceeding thirty thousand (30,000) square feet in gross floor area.

B.

"Community" or "Regional" means a shopping center exceeding thirty thousand (30,000) square feet in gross floor area.

Sign. See chapter 17.216.

"Significant amount" means the following:

1.

At least fifteen (15) percent of the stock in the establishment or on display consists of adult entertainment or material;

2.

At least fifteen (15) percent of the area used for the display or storage of merchandise on the floor, walls, or vertical display area of the cabinets, shelves or racks which rise from the floor (or any combination thereof which is at least fifteen (15) percent of the area used for display or storage) is used for the display or storage of adult entertainment or material or houses or contains devices depicting, describing, or relating to adult entertainment or material; or

3.

At least fifteen (15) percent of the gross revenue is, or may reasonably be expected to be, derived from the provision of adult entertainment or material.

"Site plan" means a detailed plan of development showing the arrangement of any building(s) in relation to parking, streets, entrances, exits, open space and adjoining properties, with all information relevant to size of area, number of parking spaces and square footage of buildings, etc., inscribed thereon in addition to any other pertinent information as may be required by a specific section of this code.

"Solar farm" means a utility-scale energy generation facility, principally used to convert solar energy to electricity for the primary purpose of use by the owner and/or wholesale and/or retail sales of said electricity.

"Special exception" means a land use authorized by the board of zoning appeals pursuant to the provisions of this title and subject to standards and conditions set forth for such use. It is a use which has been legislatively predetermined to be conditionally compatible with uses permitted as of right in a particular zoning district, the conditions being that the board of zoning appeals must, in each case, decide under the standards set forth in chapter 17.232 whether the presumptive compatibility in fact exists.

"Specialty shop" means a shop for the sale of antiques/collectibles or handicraft and supplies, including artwork, leatherwork, pottery, needlework or similar items which may be made on the premises.

"Specified anatomical areas" means the following:

1.

Less than completely or opaquely covered:

a.

Human genitals or pubic region;

b.

Entire cleft of the male or female buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, and thongs;

c.

That portion of the human female breast below a point immediately above the top of the areola; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means the following:

1.

Human genitals in a state of sexual stimulation or arousal or tumescence;

2.

Acts of anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty;

3.

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast; or

4.

Excretory functions as part of, or in connection with, any of the activities set forth in subsections (1) through (3) of this definition.

"Straddle dance" means the following:

1.

The use by an employee of an adult entertainment business of any part of his or her body to directly or indirectly touch the genital or pubic area of a person, excluding another employee, while at the adult entertainment business, in exchange for a tip, donation, gratuity, or other thing of value, regardless of whether the employee is displaying or exposing any specified anatomical area; or

2.

The straddling of the legs of an employee of an adult entertainment business over any part of the body of a person, excluding another employee, regardless of whether there is any touching.

A straddle dance is also known as a "lap dance," "table dance," or "face dance."

"Street" means a public thoroughfare, however designated, maintained by the City of Salisbury, state of Maryland or Wicomico County, which affords the principal means of access to abutting property and which is hereafter developed according to the regulations for the City of Salisbury, or a public way, private right-of-way or easement as approved by either the planning commission or city council.

"Structure" means that which is built or constructed.

"Studio" means an establishment wherein music, photography, dancing, sculpting or other artistic instructions may be given.

"Subdivision" means a lot, parcel or tract of land which has been legally subdivided, platted and recorded in the land records of Wicomico County.

"Townhouse" means a single-family dwelling forming one of no fewer than three attached single-family dwellings with property lines and party walls separating such units and which are separated from any other building or structure by space on all other sides.

"Transient" means on a one-day or a day-to-day basis.

"Travel trailer" means a portable vehicular structure not over eight feet wide or thirty-five (35) feet in length, designed as a temporary living unit for travel, recreational and vacation uses. It is designed solely for short-term occupancy and for travel purposes.

"Truck terminal" means a building or area where trucks, including tractors or trailer units, are parked, stored or serviced, which may also include areas, buildings or structures for the transfer, loading or unloading or storage of a wide array of goods and materials of various types and sizes.

"Utility substation" means a station subordinate to a public or private utility building or use for the provision of services through areas which cannot be serviced by the facilities of the main building or use.

"Variance" means a modification only of the required density, bulk or area requirements set forth in this title where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of any action taken by the applicant, a literal enforcement of the title would result in unnecessary hardship.

"Warehouse" means a building or structure used for the inside storage of goods and materials.

"Warehousing" means facilities or structures operated for the storage of prefinished goods and materials, with not more than two bays to be used for maintenance within the same building where goods or materials are stored.

"Width of street" means the mean of the distance between the right-of-way lines of a street between two intersecting streets.

"Yard" means an open space on the same lot with a building or building group lying between the front, rear or side wall of a building and the nearest lot line, unoccupied except for projections and specific minor uses or structures allowed in such open space under the provisions of the zoning ordinance.

"Yard, front" means a yard extending the full width of the lot on which a building is located and situated between the front lot line and a line parallel thereto and passing through the nearest point of the building.

"Yard, interior side" means a side yard located immediately adjacent to another lot or to an alley separating such side from another lot.

"Yard, rear" means a yard extending the full width of the lot on which a building is located and situated between the rear lot line and a line parallel thereto and passing through the nearest point of the building.

"Yard, side" means a yard on the same lot as a building situated between the side lot line and a line parallel thereto and passing through the nearest point of a building and extending from the front yard to the rear.

(Ord. 2048 § 1, 2008; Ord. 1976 (part) 2005; Ord. 1957, 2005: Ord. 1953, 2005; Ord. 1941, 2005; Ord. 1895, 2004; Ord. 1881, 2003; Ord. 1868, 2002; Ord. 1864, 2002; Ord. 1809 § 1, 2001; Ord. 1786 § 1, 2000; Ord. 1752 § 1, 2000; Ord. 1660, 1997; Ord. 1612 (part), 1995; Ord. 1599 §§ 4 (part), 12 (part), 1995; Ord. 1567, 1993; prior code § 150-17)

(Ord. No. 2089, 10-26-2009; Ord. No. 2296, 7-14-2014; Ord. No. 2310, 1-26-2015; Ord. No. 2320, 4-27-2015; Ord. No. 2339, 7-13-2015; Ord. No. 2379, 3-14-2016; Ord. No. 2410, 1-9-2017; Ord. No. 2433, §§ 1, 2, 9-25-2017; Ord. No. 2501, 9-10-2018; Ord. No. 2769, § 1, 2-13-2023; Ord. No. 2821, § 1, 9-25-2023; Ord. No. 2840, § 1, 1-12-2024)

A.

In the event an applicant wishes to use property for a use which is not specifically identified under inherent uses or special exceptions and where such use is not specifically prohibited from the district, a written request shall be submitted to the planning commission for a determination of unclassified use.

B.

The planning commission shall review the request to determine whether the use is of a similar character to the uses permitted inherently or by special exception and whether the proposed use meets the purpose and intent of the district in which the use is requested.

C.

The planning commission shall forward a recommendation to the city council which shall approve or deny the request after introduction of an amending ordinance and a public hearing thereon.

(Prior code § 150-299)

A.

In the event that there is a question as to interpretation of any part of this title, a written request for interpretation shall be submitted to the planning commission.

B.

The planning commission shall review that part of this title requested for interpretation and determine its original purpose and intent at the time of the writing and adoption of this title.

C.

The planning commission shall forward its interpretation to the applicant in writing within forty-five (45) days from receipt of the request. All such interpretations shall serve as the commission's policy until such time as the code is amended to include the interpretation as a part of the zoning code.

D.

The City of Salisbury recognizes that the Federal Fair Housing Act imposes upon it a duty to make "reasonable accommodations," as such term may be defined under the Fair Housing Act from time-to-time, in its land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. The planning commission and board of appeals shall interpret this title so as to comply with the Fair Housing Act and other applicable law.

(Ord. 1786 § 2, 2001; prior code § 150-300)

(Ord. No. 2769, § 1, 2-13-2023)

Unless otherwise expressly provided by law, all notice to the general public required by the terms of this title shall be made as follows:

A.

Posting of the Property.

1.

The property affected or to be affected by the pending proceeding shall be posted by the appropriate city official. Such posting shall be made not less than fourteen (14) days prior to a public hearing for a variance, special exception, ordinance permit or other such zoning application or appeal and not less than fourteen (14) days prior to a public hearing for a zoning reclassification or zoning amendment. Such posting shall not be required for sectional or comprehensive amendment proceedings.

2.

A sign shall be erected, within ten feet of whatever boundary line of such land abuts the most traveled public road so as to be clearly visible to the public, and if no public road abuts thereon, then facing in such a manner as most readily may be seen by the public.

3.

The property owner shall be responsible for maintaining the posted notice on the property. If the sign shall be obstructed, removed, or relocated on the property, then the property owner shall either remove the obstruction, return the sign to its original location, or replace the sign. The department director may postpone a hearing in order to provide the required posted notice.

B.

Newspaper Advertising. All proceedings under the terms of this title requiring a public hearing shall be advertised at least once in a newspaper of general local circulation, as follows:

1.

A variance, special exception, change in nonconforming use, ordinance permit or other such application or appeal shall be advertised fourteen (14) days prior to the scheduled hearing; except that applications for a certificate of approval from the Salisbury Historic District Commission shall not be required to be advertised in a newspaper. A copy of the hearing notice shall be placed on the bulletin board in the lobby of the Government Office Building and on the City Website.

2.

A text amendment or reclassification of zone shall be advertised once each week for two successive weeks, with the first publication appearing at least fourteen (14) days prior to the scheduled hearing;

3.

The advertisement shall state:

a.

The date, time and place of hearing,

b.

A summary of the purpose of the proceeding in sufficient detail to inform the public of the nature of the proceeding and the relief sought by the initiator of the proceeding,

c.

The location of the property involved, its size, name of owner, zoning reference and the name of the governmental body before which such proceeding is to be conducted,

d.

Any other information deemed necessary to adequately inform the public of the proceeding.

C.

Notice to Adjacent Property Owners.

1.

Notice shall be provided to all property owners within two hundred (200) feet of the subject property boundaries and to the neighborhood association and/or homeowners' association, if any. Such notice shall not be required for sectional or comprehensive amendment proceedings.

2.

The notice shall state that an application or appeal under this title has been filed, as follows:

a.

The name and address of the applicant or appellant,

b.

The name and address of the property owner, if different,

c.

The location and size of the property,

d.

A summary of the requested relief,

e.

The date, time and place of the public hearing; and

f.

The name of the governmental body before which such proceeding is to be conducted.

3.

Mailing.

The notice shall be mailed by regular mail, postage prepaid, at least fourteen (14) days prior to the date scheduled for the public hearing. The notice shall be mailed to the property owners' address to which city real estate tax bills are sent.

4.

Re-notification.

Re-notification of adjacent property owners under this section is not required for any hearing that is properly convened and continued in accordance with the requirements of this chapter.

5.

Non-receipt.

Failure of a property owner, or neighborhood association, or homeowners' association to receive notice under this section shall not affect the public hearing or the action on the application.

D.

Responsibility for Public Notice.

It shall be the responsibility of the applicable board or commission to ensure that the provisions of this article are fully complied with for all matters that come before the applicable board or commission or the City Council.

(Prior code § 150-309; Ord. No. 2184, 1-23-2012; Ord. No. 2221, 10-8-2012)

A.

As an aid to freer, safe movement of vehicles at and near street intersections and in order to promote more adequate protection of the safety of children, pedestrians, operators of vehicles and property:

1.

There shall be limitations on the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixtures, construction and planting in all districts where front yards are required on corner lots;

2.

Such barriers to clear unobstructed vision at corners of intersecting streets shall be limited to a height of not over two and one-half (2½) feet above the established elevation of the nearest curb for a distance of thirty-five (35) feet along both the front and side lot lines, measured from the point of intersection of said intersecting lot lines;

3.

Within the isosceles triangle formed as required in subsection (A)(2) of this section by connecting the ends of the respective thirty-five-foot distances, all the fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height not over two and one-half (2½) feet above the elevation of the curb level at said intersecting streets;

4.

Within the triangle, the ground elevation of such front yards shall not exceed two and one-half (2½) feet above established curb elevation at said intersecting streets;

5.

Parking is prohibited within the triangle.

B.

This section does not apply to the central business district.

(Prior code § 150-176)

The building height limitations of this title shall not apply to the following, except where further regulated by the standards for the district in which they are located:

A.

Belfries, chimneys, conveyors, cupolas, derricks, domes, gas holders, fire escapes, fire towers, flag poles, flues, minarets, monuments, observation towers, parapet walls, pinnacles, silos, smokestacks, spires, steeples, transmission towers, ventilators, windmills or outdoor radio and television towers, poles, antennas and wires;

B.

Water towers or tanks not situated on the roof of a building;

C.

Bulkheads, cooling towers, elevators, elevator enclosures, monitors, penthouses, skylights, stage towers and water towers and tanks, occupying less than twenty-five (25) percent, in the aggregate, of the area of the roof of the building on which they are situated;

D.

Derricks, tipples, rock crushers, bins, washers and similar necessary equipment for construction and industries.

(Prior code § 150-177)

No building shall hereafter be constructed, moved, extended or altered so as to reduce the required setback for the district in which the building is situated, except as follows:

A.

The depth of any required front yard in any district may be increased or decreased so the front yard will approximate the average depth of existing front yards of existing buildings on adjoining lots on each side or, if there are no adjoining buildings, shall approximate the average depth of the front yards of the nearest buildings on the same side of the street within two hundred (200) feet;

B.

When the side lines of a lot converge so as to form a rear lot line of less than ten feet or a point in the rear, the rear lot is that line parallel to the front line and measuring ten feet in length between the two side lot lines. The depth of the rear yard is measured from such ten-foot line to the nearest part of the principal building;

C.

Wherever front yards, setbacks or building lines are established back of the street line by plats, deeds or covenants recorded in the land records of Wicomico County prior to the effective date of this title which are more restrictive than those required by this title, such yards, setbacks or building lines shall take precedence;

D.

In the case of corner lots with more than two frontages, at least two front yards shall be provided having the full depth required for the district, and no other front yard shall have less than half the full depth required for the district;

E.

In the case of corner lots with two frontages, two front yards shall be required, having the full depth required for the district;

F.

In the case of corner lots, there shall be no required rear yard. Lot lines shall be treated as front or side lot lines, and front and side yards shall be required in accordance with the appropriate sections of this title.

(Prior code § 150-178)

A.

Fences in all residential districts in rear and side yards shall be limited to six feet in height.

B.

Fences in all zoning districts that are located within the front yard setback shall be limited to four feet in height.

C.

No front yard in any zoning district shall have a retaining wall within the front yard setback higher than four feet above the ground level of the adjoining yards. If a fence is to be used on top of the wall, the combination of the fence and the retaining wall shall not exceed a total of eight feet in height above the ground level of the adjoining yards.

D.

Fences enclosing outside storage yards shall be not less than six feet nor more than eight feet in height and shall be solid board, metal, masonry or wire fences with slats to obscure view of the storage material.

E.

Fences or retaining walls in any zoning districts on corner lots shall comply with Section 17.04.160, Vision obstructions at intersection.

F.

Fences in industrial districts enclosing storage yards that do not adjoin or face public streets or highways or residential districts may be enclosed with fencing that does not obscure view of the yard.

G.

For protection of property or to ensure public safety in any district where hazardous materials are stored, fences may be eight feet high, except in the required front yard setback.

(Ord. 1599 § 6, 1995: prior code § 150-179)

The following structures are permitted in all districts:

A.

Historic buildings, monuments or markers;

B.

Religious monuments, markers or shrines.

(Prior code § 150-180)

A.

No building, tower or other structure or tree shall be constructed, altered allowed to grow or maintained which will interfere with the operation of the Salisbury-Wicomico County Airport or violate the following height restrictions:

1.

Airport Approach Zones. Those heights permitted in the official master plan for the airport in conformance with federal aviation regulations and illustrated on profiles contained in the plan for the airport and any future expansion which may extend into the corporate limits of Salisbury.

2.

Airport Turning Zone. Not in excess of one hundred fifty (150) feet above ground level. This restriction applies within the existing seven-thousand-foot radius established as the turning zone for the Salisbury-Wicomico County Airport at the time of enactment of this title and shall apply within any future radius established thereafter that may extend within the corporate limits of Salisbury.

B.

No use of land shall be made within or adjacent to any airport district which:

1.

Creates electrical interference with radio communications between the airport and aircraft, including radio and television transmitting towers or studios and large radiation or X-ray equipment;

2.

Includes aboveground storage of any explosive material;

3.

Emits smoke or odor;

4.

Contains lights or signals which may be confused with airport navigational lights;

5.

Results in glare to pilots approaching, leaving or circling the airport or which impairs visibility in the airport district;

6.

Provides private airfields or runways for the use of planes other than those used in the principal airport in the district;

7.

Otherwise endangers the landing, taking off or maneuvering of aircraft.

(Prior code § 150-181)

A.

Pump Islands. The following setbacks shall apply to the location of gasoline pump islands:

B.

Canopies. The following setbacks shall apply to all canopies hereafter established, including where such canopies are attached to a building or structure:

1.

Neighborhood Business. Ten feet from the street right-of-way or five feet from the back of the sidewalk and five feet from all other property lines;

2.

Commercial. Ten feet from the street right-of-way or five feet from the back of the sidewalk and five feet from all other property lines;

3.

Industrial. Ten feet from the street right-of-way or five feet from the back of the sidewalk and five feet from all other property lines.

C.

Stacking Lanes. The following stacking lane standards shall apply to any gasoline pump island:

1.

At least sixty (60) feet of stacking area shall be provided at the entrance of a pump island, as measured from the leading edge of a gasoline pump;

2.

Stacking lanes shall not be located either in required parking lot maneuvering areas or parking spaces nor shall any stacking lanes be located so as to block access to parking spaces.

(Ord. 1599 § 7, 1995: prior code § 150-184)

A.

An outside stairway or an open or lattice-enclosed fire escape may project into a rear yard, and a balcony may project not more than ten feet into a rear yard.

B.

Ordinary window sills, bay windows, chimneys, eaves and cornices may project not more than three feet into any yard.

C.

Enclosed or unenclosed porches and similar projections on the fronts of buildings shall not project into a required front yard.

D.

An unenclosed porch may project not more than ten feet into a required rear yard. Steps for entrance to the first floor of a building may project into side and rear yards.

(Prior code § 150-185)

Whenever common open spaces, areas or common use facilities are required by this title or proposed by an applicant as a part of any plan or building permit approval or the establishment of condominium ownership for any existing use, the following provisions shall apply:

A.

Any 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.

B.

All such areas shall be protected by legal arrangements satisfactory to the planning commission and city solicitor, sufficient to assure the common use, maintenance and preservation for whatever purpose such areas are intended and approved.

C.

Covenants or other legal arrangements shall specify ownership of the common open space or method of maintenance; responsibility for maintenance; maintenance taxes and insurance; and city, county and state taxes; compulsory membership and compulsory assessment provisions; guaranties that all such areas or facilities shall be reserved in perpetuity for the residents, users or occupants.

D.

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 mayor and council.

E.

No open space or common use facilities, specifications or restrictions deemed necessary by the planning commission or city council may be changed without the consent of the commission or mayor and council.

F.

When an approved plan provides for open spaces, common use buildings, landscaped areas, recreation facilities, parking areas, structures or other improvements for the use and benefit of occupants of the development, the developer may be required by the planning commission to guarantee the completion of any such spaces, structures, facilities or other such improvements by providing to the planning commission or city council in such amount as may be determined:

1.

A separate bond or other form of guaranty that such improvements will be completed acceptable to the planning commission or city council;

2.

A bond as a part of the construction improvements plan required by the department of infrastructure and development;

3.

The bond or other form of guaranty or assurances shall be released when the buildings, structures or improvements have been completed according to the approved plan.

G.

Condominiums. When any existing use is converted to or a proposed use is planned for condominium-type ownership, the following documents shall be submitted to and approved by the planning commission in order to assure compliance with this title:

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;

2.

One copy of the proposed condominium documents demonstrating compliance with all of the requirements of this subsection.

H.

After approval, all such covenants, condominium documents or other legal arrangements shall be recorded in the land records of Wicomico County.

(Prior code § 150-186)

(Ord. No. 2459, 10-9-2017)