A.

In 1732 the town of Salisbury was established at the head of the Wicomico River. The CBD is located in this central area of the city where the town began. For many years "downtown" was the center of all trade and industrial activity for the region. It survived and was rebuilt twice after being practically destroyed by fires in 1860 and 1866. Through the years as the city grew and other business areas sprang up along major highways and intersections, the downtown area evolved from the traditional main street central shopping area into the center of governmental, professional, institutional and law enforcement facilities while still retaining service and retail activities. This was accomplished through the city's involvement in adoption and implementation of plans, urban renewal and studies for revitalization of the downtown area.

B.

In 1962 the central business district revitalization plan was adopted. In the late 1960's and early 1970's an urban design study was completed, two urban renewal projects were completed, and an urban river plan was adopted, recognizing the Wicomico River as an important natural asset to future development of the downtown area. In 1980 a R/UDAT Study was completed, and in 1981 a downtown historic district was created. During this time considerable public and private funds were expended implementing these plans and studies.

C.

The purpose of the central business district is to maintain and strengthen the role of the downtown area as the community and regional center for a broad range of governmental, cultural, institutional, professional, business, service and retail activities; to enhance the vitality of the downtown by encouraging residential uses; to continue to carry out and implement the recommendations contained in adopted plans and studies for development of the CBD; and to assure that improvements made using public funds are utilized to the greatest extent possible for the benefit of the public in further development of the downtown area. To ensure that the role of the CBD is maintained and land uses are compatible, general functional categories of land use are described, and special standards for development are set forth. To ensure that development within this district is consistent with the recommendations of the adopted plans, the downtown historic district and any other special development plans which may be effective from time to time, a certificate of design and site plan approval from the planning commission is required. The following uses, standards and review procedures have been developed in accordance with this purpose, which is in accord with the findings and recommendations contained in the plans and studies mentioned herein and the metro core comprehensive plan.

(Ord. 1647 § 2, 1997; prior code § 150-88)

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

(Ord. 1647 § 3, 1997; prior code § 150-89)

A.

Uses permitted are those that fulfill the purpose and intent of the district, encourage residential use, provide business, professional or financial services, bring people together for cultural and recreational events, support the nearby regional medical center and offer, at retail, a variety of consumer goods and services and promotional activities.

B.

Permitted uses shall be as follows:

1.

Apartments above the first floor, apartment buildings, motels, hotels and single-family attached dwellings;

2.

Business uses and offices, including insurance, real estate and financial offices;

3.

Broadcasting, television and communication facilities, including accessory antennas and towers;

4.

Cultural uses, such as museums, libraries, meeting rooms, theaters and convention facilities;

5.

Governmental uses, such as federal, state, county, city administrative offices, court and detention facilities, the post office, fire station and police station;

6.

Institutional uses, such as hospitals, care homes, churches and nursing homes;

7.

Light manufacturing and assembly conducted entirely within a building;

8.

Parking lot or structure;

9.

Printing and publishing establishment;

10.

Professional uses, including medical, legal, engineering, surveying and architectural offices and facilities;

11.

Promotional activities, including displays, rallies, circuses, carnivals, shows, fundraising activities by church groups or service organizations and similar activities;

12.

Retail activities, such as, but not limited to, department stores, variety stores, specialty shops, boutiques, restaurants (all types), nightclubs, bars and dance halls, saunas, health clubs, marinas, boat ramps, indoor recreational establishments and swimming pools as an accessory use;

13.

Utilities. Facilities for public and private utilities, including but not limited to, telephone, electric and municipal utility stations;

14.

Warehousing as an accessory to and on the same premises with the principal business for the sale of merchandise within the CBD;

15.

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

16.

Group domiciliary care facility.

(Ord. 1786 § 4, 2000; Ord. 1599 § 13, 1995; prior code § 150-90)

Minimum development standards for the central business district shall be as follows:

A.

Minimum Lot Requirements. All lots hereafter established shall meet the following 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 planning commission upon review of individual site design in relation to the surrounding properties and development of the CBD 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 increase or decrease 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 eighty (80) 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, the board shall consider the criteria set forth in subsection (B)(4) of this section.

3.

Height.

a.

The height of all buildings or structures 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, 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 firefighting equipment, in addition to any required construction of 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 wherever possible to attract development and provide a pleasing environment to conduct business, trade, civic and cultural affairs and improve the appearance of downtown.

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.

Development adjoining the Wicomico River shall provide public open space easements as required in the urban river plan or other adopted plans and shall provide open space and landscaped areas coordinated with existing open space and landscaped areas developed by the city.

D.

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

E.

Building and Development Restrictions.

1.

Drive-in window service uses shall provide a reservoir of five spaces on site for each drive-in window or stall.

2.

Access driveways crossing sidewalks to private parking areas shall be reduced or eliminated where it is determined that alternative or unified points of access are available resulting in less traffic congestion and pedestrian interference.

3.

Common loading and unloading areas serving more than one business shall be encouraged where possible.

4.

Entrance to loading and unloading areas shall be located at the rear of the building where possible. Where a business abuts more than one street, this entrance shall be on the street with the least amount of traffic.

5.

Outside storage of materials or parts shall be prohibited, except that outside storage of service and delivery vehicles used in operation of a business within the CBD shall be permitted.

F.

Signs. Signs shall be in accordance with chapter 17.216.

(Prior code § 150-91; Ord. 1647 § 4, 1997; Ord. No. 2769, § 1, 2-13-2023; Ord. No. 2909, § 1, 1-13-2025)