A.

The Wicomico River is an important and unique resource necessary to the economic viability of the City of Salisbury and Wicomico County. This district is intended to promote the development and redevelopment of lands along the Wicomico River south of West Main Street with a mixture of uses and activities which are either dependent upon or appropriate to the waterfront. Industries which require frontage on and access to the water and certain waterfront related commercial activities are to be given primary consideration for lands adjoining the river. To complement and strengthen the function of the waterfront area certain recreation, shopping, business and residential uses are also permitted.

B.

To ensure compatibility with riverfront development in the adjoining central business and historic district compatibility of architecture, landscaping and site design for development within the district and public access to and along the waterfront with proper emphasis on pedestrian movement and its separation from industrial traffic, all uses within this district are subject to review and approval by the Salisbury planning commission.

C.

Coordination of site plans, landscaping and pedestrian and traffic movement is a necessary concern for review and approval of uses to assure that waterfront development uses can function harmoniously and compatibly with less intensive uses permitted to complement and strengthen the waterfront area. The following uses, standards and review procedures have been developed in accordance with this purpose, which is consistent with the findings and recommendations of the metro core comprehensive plan for development of the Wicomico River waterfront.

(Ord. 1936 (part), 2005)

Prior to the development or redevelopment of any lot or parcel of land within the riverfront redevelopment multiuse district, a certificate of design and site plan approval shall be obtained from the Salisbury planning commission. Repairs, maintenance and minor additions or changes of use not affecting the existing site arrangement of buildings, parking, vehicular or pedestrian movement or building area or height shall not require a certificate.

(Ord. 1936 (part), 2005)

Permitted uses shall be as follows:

A.

Apartments and single-family attached residential uses, provided that such development is designed not to preclude access to the waterfront;

B.

Boat sales, service, rentals, ramps, docks, marinas and commercial sightseeing;

C.

Commercial fishing and seafood wholesale or retail outlets and related uses;

D.

Hotel, motel or other tourist-related facility;

E.

Industrial uses dependent upon the waterfront for delivery or shipment of goods and materials necessary to their operation;

F.

Marine railways, construction and repair yards, storage yards and marine supply outlets;

G.

Office building;

H.

Parking lot or structure;

I.

Public or private utility buildings or uses and utility substation;

J.

Recreational, social, cultural facilities, public parks and open space;

K.

Restaurants and outdoor eating facilities;

L.

Specialty and marine shopping facilities, such as art, gift, antique, import, health and natural goods, fishing tackle and equipment, marine hardware and boat furniture shops, including uses of a more general commercial nature which do not detract from the purpose of the waterfront and which are necessary to its economic viability;

M.

Trucking and freight transfer terminals and depots, wholesaling, warehousing and distribution facilities, all of which are dependent upon the waterfront for their operation;

N.

Day-care services for employees or patrons of a permitted use as an accessory use;

O.

Accessory uses and structures clearly incidental to, customary to and associated with the permitted use, including but not limited to swimming pools and boat slips or piers.

(Ord. 1936 (part), 2005)

Minimum standards for development in the riverfront redevelopment multiuse district shall be as follows:

A.

Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:

1.

Lot area: five thousand (5,000) square feet;

2.

Lot width: fifty (50) feet.

B.

Setback, Height and Density. The following minimum standards are established as guides for design of development. These standards may be increased or decreased by the development review committee upon review of individual site design in relation to surrounding properties and development of the riverfront redevelopment multiuse district as a whole.

1.

Setbacks.

a.

Setbacks shall be as follows:

i.

Setbacks shall be the same as the established setbacks for existing buildings within the same block.

ii.

Where there are minor irregularities in existing setbacks for the same block, any one of the existing setbacks which the planning commission considers most applicable may be used.

iii.

Where there are major irregularities in existing setbacks for the same block, the setback shall be no less than the average of setbacks for existing buildings on either side of the proposed development.

iv.

Where no established building setbacks exist, the setback shall be a minimum of five feet from the back of the sidewalk.

v.

Setbacks from the Wicomico River shall be a minimum of ten feet from the back of the existing or proposed bulkheading line.

vi.

Setbacks from interior lot lines shall be a minimum of ten feet.

b.

Modifications to Setbacks.

i.

During its review of any development requiring a modification to setbacks, the planning commission shall consider the location of buildings on the site relative to safe vehicular movement on existing or proposed streets, light, air and ability of fire or emergency equipment and vehicles to adequately serve the development.

ii.

Special consideration shall be given to the location of landscaped areas and areas of pedestrian movement to assure coordination of landscaping and freedom and safety of pedestrian movement.

iii.

The planning commission may consider an increase or decrease in setbacks wherever a rearrangement of buildings on the site will aid in achieving a continuous link of development with freedom and encouragement of pedestrian movement from one development to another.

2.

Density.

a.

Floor area for commercial or other uses shall not be used when computing density for dwelling units.

b.

Inherent density shall not exceed forty (40) units per acre.

c.

Increased density shall require a special exception from the Board of Appeals. In addition to consideration of the criteria required by Section 17.232.020 of this title, the board shall consider the criteria set forth in subsection (B)(4) of this section.

3.

Height.

a.

Inherent height shall not exceed seventy-five (75) feet.

b.

Increased height shall require a special exception from the Board of Appeals. In addition to consideration of the criteria required by Section 17.232.020 of this title, the board shall consider the criteria set forth in subsection (B)(4) of this section.

4.

Criteria for Increased Height and/or Density.

a.

When acting upon a request for either increased height or density, the Board of Appeals shall consider any or all of the following criteria as may apply to the type of development proposed:

i.

Recommendation from the planning commission;

ii.

The type of residential development proposed relative to the ability of the site to accommodate the density proposed;

iii.

The availability of city services to the site, such as water, sewer, streets and parking lots or structures; and whether the site can accommodate a higher density and/or height without an undue burden of expense to the city;

iv.

The functional, visual and spatial relationship of the proposed height relative to surrounding development and the CBD as a whole;

v.

Whether the proposed height will create an intrusion or conflict with the spatial arrangement of existing or proposed buildings;

vi.

Shadows which may interfere with solar panels or other solar equipment already in existence or under contract to be installed on existing buildings or buildings approved for construction in the immediate vicinity;

vii.

Water pressure and capability of community fire-fighting equipment, in addition to any required construction or fire safety devices, to assure safety of occupants;

viii.

The merits of the design and whether the treatment of setbacks, landscaping or other amenities, in addition to architectural treatment of the building, provide an excellence of design which contributes to the furtherance of the purpose of the CBD.

b.

The board may solicit any expert review and advice to assist it in making a decision on the request for increased height and/or density.

C.

Open Space and Landscaping.

1.

Landscaped open space shall be provided to attract development, provide a pleasing environment and improve the appearance of the entire area.

2.

Wherever possible, landscaped open space areas shall be provided adjoining the landscaped open space area on an adjoining parcel. Landscaping for both areas shall be coordinated so as to give the appearance of one continuous landscaped area.

3.

Parking lots shall be landscaped in accordance with chapter 17.220 of this title.

4.

Landscaped screening areas shall be provided along side and/or rear property lines of industrially used property except where adjoining the Wicomico River. All areas not used for loading and unloading along the riverfront shall be landscaped.

5.

Landscaped screening areas may be required along any property line where the development review committee and planning commission find that such landscaped screening area is necessary to further the purpose of the riverfront district and provide separation to minimize any possible adverse effect from adjoining uses.

D.

Parking. Parking shall be provided in accordance with chapter 17.196, except where governed by the established parking tax district regulations.

E.

Signs. Signs shall be in accordance with chapter 17.216 of this title.

(Ord. 1936 (part), 2005)

(Ord. No. 2389, 7-11-2016; Ord. No. 2769, § 1, 2-13-2023)