Wicomico County Unincorporated
City Zoning Code
City Zoning Code
PART 2
Administration and Enforcement
§ 225-11 Procedures for enforcement.
A.
Zoning enforcement. It shall be the duty of the Planning Director, or his designated representative, to supervise the Zoning Administrator and to administer and enforce the provisions of this chapter.
B.
Enforcement. The method for enforcing this chapter and the procedures to be followed in making application for zoning authorization shall be as follows:
(1)
If the Zoning Administrator shall find that any of the provisions of this chapter are being or have been violated, he shall:
(a)
Notify the owner of the property and/or the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(b)
Order discontinuance of any illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
C.
All departments, officials and public employees of Wicomico County who are vested with the authority to issue permits shall conform to the provisions of this chapter and shall not issue any permit for any use of land, building, structure or purpose which would be inconsistent with the provisions herein set forth.
D.
Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 225-12 Lots divided by zoning boundary lines.
[Amended 8-1-2023 by Bill No. 2023-10]
Whenever a single lot is located within two or more different zones, the zoning regulations applicable to the zone which constitutes the larger portion of the lot as determined by the Department of Planning, Zoning and Community Development may apply to the entire lot.
§ 225-13 Applications, required documentation.
A.
Application for zoning authorization. All applications for zoning authorization shall be accompanied by documentation as may be required by the Zoning Administrator which may include:
(1)
Legal agreements, including, but not limited to, copies of existing deeds and leases, condominium documents, homeowners' association bylaws, or other provisions, or covenants governing the use, maintenance and continued protection of common and developed open space areas, common use, and any covenants pertaining to development of individual lots or parcels to be developed at a future date; and
(2)
The number of families, housekeeping units or rental units the building is designed to accommodate.
B.
Site diagram. All applications for matters of original jurisdiction before the Board of Appeals shall be accompanied by a site diagram which accurately demonstrates where all uses, buildings and structures are to be placed in relation to the applicable lot(s).
C.
Site plan. Development requiring a site plan approval shall be permitted only in accordance with all specifications contained on an approved site plan, and shall not be undertaken until the site plan is approved and all required construction permits have been obtained subsequent to such approval. The site plan shall include the following:
(1)
A property survey, prepared by a registered surveyor or engineer, showing the exact boundaries and area of the site. The survey shall include:
(2)
The plan, either on a single sheet or separate sheets, shall show:
(a)
Proposed street systems, lot, partition or subdivision lines or other divisions of the site for management, use or allocation purposes.
(b)
Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses.
(c)
A consolidated plan showing the final specific development proposed in its entirety, including the location of buildings, lots, parking areas, stormwater management areas and other improvements, common use and developed open space areas, including areas to be left in a natural state, and all other improvements proposed on the site.
(3)
Elevation and perspective drawings of each type of proposed structure where required by the Planning Commission.
D.
Development plan. Development requiring development plan approval shall be permitted only in accordance with all specifications contained on an approved development plan, and shall not be undertaken until the development plan is approved by the Planning Commission and all required construction permits have been obtained subsequent to such approval.
(1)
A development plan shall include:
(a)
A site plan showing the location of all streets, pedestrianways, rail lines, utility systems, landscaped areas, parcel lines, building areas, entrances and exits to be provided;
(b)
Any restrictions to be included in the sale or lease of land for parking, building location, property maintenance, sign control and any other protective measures;
(c)
A schedule 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;
(d)
A statement of intent to proceed and financial capability of the developer or sponsor;
(e)
A community impact statement; and
(f)
Whatever additional use restrictions the Planning Commission deems necessary to protect the health, safety and general welfare of surrounding residents and properties, provided that such restrictions shall not be so severe as to prevent the development.
(2)
Application.
(a)
Five copies of a development plan shall be submitted to the Planning Director at least 30 days prior to the next regularly scheduled meeting of the Planning Commission when an application is submitted to the Wicomico County Zoning Administrator for a proposed use requiring a development plan.
(b)
Before submitting an application, the applicant may meet with the Department and the Department of Public Works for a preapplication conference to provide the developer with information concerning the requirements of this chapter, county policies and other related information and to review the general concept of the proposed district before submission to the Planning Commission.
(c)
The Planning Director may furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing detailed components of the application.
(3)
Development plan approval.
(a)
The Planning Commission may consider deviations or waivers from strict compliance with the standards outlined in this chapter, provided that they are consistent with the purposes of these regulations.
(b)
The Planning Commission shall also review the location of the development in relation to surrounding uses and public streets serving the development with the consideration to the density of the use and the district in relation to the location on a major through street or adjacent to a higher-density residential district or nonresidential district.
(c)
If the Planning Commission finds that a proposed development plan does not meet the purposes of these regulations, it shall disapprove the plan and shall submit its findings in writing, together with the reasons therefor, to the applicant.
(4)
Any changes in an approved plan shall be resubmitted for approval in accordance with Subsection D(2).
(5)
If any question arises over compliance with this chapter, the burden of proof shall rest on the applicant, and the Planning Commission may impose any additional conditions on the approval of a development plan which are reasonable to protect the public health, safety and welfare.
(6)
All construction and development under any building permit shall be in accordance with the development plan. Any departure from such plan shall be a cause for revocation of a building permit or a denial of an occupancy permit by the Wicomico County Building Inspector.
E.
If an application for zoning authorization is before any approving authority of the county, and the accompanying papers do not comply in all respects with the regulations of this chapter, it shall be disapproved by the Zoning Administrator, and the applicant shall be notified in writing.
(1)
The Administrator may, in his discretion, before disapproving any application, return such application to the applicant, who may amend said application, plans or specifications in order to make the proposal comply with the regulations of this chapter.
(2)
In such event, the Zoning Administrator shall proceed to pass upon the application as if it were an original one.
F.
Expiration of zoning authorization. If the work described in any zoning authorization, by any approving authority, has not begun within one year from the date of issuance thereof, said authorization shall expire unless an additional six months is granted by the Zoning Authority.
§ 225-13.1 Zoning authorization requirements.
A.
No building or other structure shall be constructed, moved, added to or structurally altered and no land used or use of land changed without a zoning authorization being granted.
B.
No zoning authorization shall be issued which is not in conformity with the provisions of this chapter, except after written order from the Board of Appeals granting a variance for such nonconformity.
§ 225-13.2 Permitted uses not requiring zoning authorization.
Notwithstanding any other provisions of this chapter, no zoning authorization is necessary for the following uses, however other county permits may be required:
A.
Facilities such as wires, lines, cables, or pipes and supporting structures thereof that are reasonably necessary to provide local properties with water, sewer, gas, electric, telecommunications or similar services. Such facilities shall not include wireless telecommunications services, wastewater treatment facilities or water supply systems or any cross-country electric transmission lines, telephone trunk lines, microwave stations, transmission pipelines, trunk water lines, interceptor sewer lines, sewage pumping stations, water treatment facilities, water well sites, water storage tanks or radio or television transmission or receiving structures.
B.
Public utilities development standards.
(1)
Area requirements. No area requirements for any use district shall be applicable to public utilities.
(2)
Whenever practicable, utility buildings shall have the exterior appearance of residential buildings when located in a residential district.
§ 225-14 Open space covenants.
A.
Whenever common open spaces or common use areas or common use facilities are required by this chapter or proposed by an applicant as a part of any project plan approval, or where condominium ownership is proposed for any proposed use, the following provisions shall apply:
(1)
Any such 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 unless otherwise restricted by state or federal law.
(2)
All such areas shall be protected by legal arrangements satisfactory to the Planning Commission and County Attorney, sufficient to assure the common use, maintenance and preservation of said areas for whatever purpose such areas are approved.
(3)
Covenants or other legal arrangements shall specify ownership of the common open space, and responsibility for maintenance, and guaranties that all such areas or facilities shall be reserved in perpetuity or owned or controlled by or for the residents, users or occupants.
(4)
Once approved, 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 Planning Commission and the approval of the County Attorney.
(5)
No open space or common use facilities, specifications or restrictions deemed necessary by the Planning Commission may be changed without the consent of the Planning Commission and the County Attorney.
B.
Guaranty of completion.
(1)
When an approved plan provides for open spaces, common use buildings, landscaped areas, recreation facilities, parking areas, structures or other improvements for the common use and benefit of occupants of the developments, the developer may be required by the Planning Commission to guarantee the completion of any or all such spaces, structures, facilities or other such improvements by providing to Wicomico County, in such amount as may be determined:
(2)
The bond or other form of guaranty or assurances shall be released in whole or in part when the buildings, structures or improvements have been completed according to the approved plan.
§ 225-15 Condominiums.
A.
When any use is proposed for condominium-type ownership, the following documents shall be submitted to and approved by the Planning Commission in order to assure compliance with the provision of this chapter and other local laws and regulations as may apply.
(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, provided that such site plan shall show all on-site shared facilities, including parking, landscaped areas, setbacks and other on-site features necessary to demonstrate compliance with the provisions of this chapter.
(2)
One copy of the proposed condominium documents demonstrating compliance with all of the requirements of this section, to be reviewed and approved by the County Attorney.
B.
After approval, all such covenants, condominium documents or other legal arrangements shall be recorded in the land records of Wicomico County.
§ 225-16 Official Zoning Map.
A.
The unincorporated areas of the county are hereby divided into districts (zoning districts), as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Official Zoning Map is on file in the Office of the Wicomico County Department of Planning, Zoning and Community Development.
B.
The Official Zoning Map shall be identified by the signatures of the President of the County Council, attested to by the Council Administrator under the following words: "This is to certify that this is the Official Zoning Map referred to in Article IV, § 225-16, of the Zoning Chapter of Wicomico County, Maryland," together with the date of the adoption of the Map.
[Amended 10-17-2006 by Bill No. 2006-11]
C.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the Department shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the county.
§ 225-17 Replacement of the Official Zoning Map.
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes, a new Official Zoning Map may be prepared and certified as set forth in § 225-16 and shall supersede the prior Official Zoning Map.
§ 225-18 Location and boundaries of districts.
A.
The location and boundaries of districts shall be as shown on the Official Zoning Map for Wicomico County, Maryland.
B.
Where uncertainty exists as to the boundaries of any of the districts established in this chapter, as shown on the Official Zoning Map, the following rules shall apply:
(1)
District boundary lines are intended to follow street, alley, or lot lines or lines parallel or perpendicular thereto, unless such district boundary lines are otherwise identified on the Zoning Map;
(2)
Where district boundaries are indicated as approximately following street or alley lines or proposed street lines, such lines shall be construed to be the boundaries.
(3)
Where district boundaries are so indicated that they approximately follow lot lines and are not more than 10 feet distant therefrom, such lot lines shall be the boundaries.
(4)
In unsubdivided property, or where a district boundary divides a lot, the location of any such boundary, unless the same is identified on the Zoning Map, shall be determined by the use of the map scale shown thereon and scaled to the nearest foot.
(5)
Where district boundaries are indicated as approximately following municipal limits, such lines shall be construed to be the boundaries.
(6)
Where district boundaries are indicated as approximately following railroad lines, such lines shall be construed to be the boundaries.
(7)
Where district boundaries are indicated as approximately following shorelines, such lines shall be construed to be such boundaries; and in the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline.
§ 225-19 Interpretation of the Zoning Map.
A.
The Board of Appeals is authorized to interpret the Zoning Map and to pass upon disputed questions of lot or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Zoning Administrator or Planning Commission, they shall be handled as provided in § 225-18, Location and boundaries of districts.
B.
An application for a map interpretation shall be submitted to the Board of Appeals by filing a copy of the application with the Zoning Administrator. The application shall contain sufficient information to enable the Board to make the necessary interpretation.
§ 225-20 Amendments.
A.
Amendment procedure.
(1)
Planning Commission. All proposed amendments, whether an amendment in text or a modification of a zoning district boundary, shall be submitted, in writing, to the Planning Director.
(a)
The Planning Director shall then schedule a review of the proposal before the Commission at which time he shall present a staff report describing the relationship of the proposed change to the general purpose and intent of the chapter, to the Comprehensive Plan and facts existing in the vicinity of the proposed change and other factors that may warrant a change to the district boundaries or to the rules and regulations of this chapter.
(b)
Once the Planning Director's report has been entered into the Commission's record, the Commission shall render its recommendation to the County Council within 60 days.
(2)
County Council. Subsequent to the Planning Commission's review and recommendation, the Planning Director shall notify the Council Administrator of the proposed amendments.
[Amended 10-17-2006 by Bill No. 2006-11]
(a)
If the County Council elects to hold a separate public hearing, the Council Administrator shall arrange for a notice to be published in a paper of general circulation in Wicomico County setting forth the time and place of the public hearing, at least 10 days prior to the established hearing date.
(b)
A notice of the meeting shall also be posted on the property under consideration.
(3)
Legislation. All amendments to the Zoning Chapter shall be considered as legislative acts and processed in accordance with all rules pertaining to such acts.
B.
Council review of amendment. The Planning Director's report and the Planning Commission's recommendation shall accompany the amending bill when it is presented to the County Council for official action. No amendment, supplement, change or modification or repeal by the County Council shall become effective until after a public hearing has been held, at which time all interested parties and citizens shall have an opportunity to be heard.
C.
Reapplication for amendment. No application for an amendment, supplement, change or modification or repeal requesting the same relief in regard to the same property shall be received by the Planning Commission for a period of one year following the County Council's decision in the matter.
§ 225-21 Conditional zoning or rezoning.
A.
Authority. The County Council, in order to assure conformity with the intent and purpose of this chapter, at the time of zoning or rezoning of any land or lands pursuant to the provisions of this chapter, may impose additional restrictions, conditions or limitations as may be deemed appropriate and shall have the authority to:
(1)
Preserve, improve or protect the general character and design of the lands and improvements being zoned or redistricted.
(2)
Preserve, improve or protect the surrounding or adjacent lands and properties.
(3)
Approve or disapprove the design of all buildings, the type of construction and landscaping or screening.
(4)
Approve or disapprove the design of the site, including all ingress or egress points.
(5)
Approve or disapprove any alterations or changes to be made to the buildings or land area.
B.
Conditional zoning or rezoning procedures.
(1)
Planning Commission review. The Planning Commission, during its review, prior to a recommendation to the County Council, may consider conditional zoning.
(2)
Once the Commission's recommendation is received by the Council, any changes to recommended conditions to be sought may be made by the Council without returning to the Planning Commission for further recommendation.
(3)
Public hearing by the Council and publication of conditions. The provisions of this chapter relative to a public hearing and the official notice of said hearing shall apply equally to applications for conditional zoning and to the publication of restrictions, conditions or limitations sought to be imposed on improvements or changes to be made on the subject land.
(4)
Amendment to conditions. Once adopted by the Council, amendments or changes to restrictions, conditions or limitations shall be made in accordance with the procedures followed in the original application.
C.
Form of conditions.
(1)
Restrictions, conditions or limitations sought to be imposed shall be adopted by the County Council as part of the action approving any proposed zoning or reclassification or by separate action.
(2)
Said act shall contain, as a minimum, the following information:
(a)
A description of the property affected by the conditions imposed.
(b)
The zoning classification of the property affected by the conditions imposed.
(c)
The name of the owners of record and, if under option, the prospective owners.
(d)
Maps, drawings or illustrations that may more fully or clearly illustrate said conditions, provided that any illustrative documents approved as part of the proposed conditions shall be clearly labeled as a part of the approving document.
(e)
The method of assuring compliance with all conditions imposed, including the title of the department, agency or official responsible for enforcement, as determined by the County Council.
§ 225-22 Remedies.
[Amended 10-17-2006 by Bill No. 2006-11]
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 chapter, the County Executive, in addition to other remedies, may institute any appropriate action or proceeding to:
A.
Prevent such unlawful construction, extension, alteration, repair, change, conversion, maintenance or use;
B.
Restrain, correct or abate such violation;
C.
Prevent the occupancy of said building, structure or land; or
D.
Prevent any act, conduct, business or use in violation of this chapter in or about such premises.
§ 225-23 Violations and penalties.
A.
Civil zoning violation. Any person who shall erect, construct, reconstruct, extend, alter, repair, change, convert, use or maintain any building or structure or use any land or change the use of any land or building in violation of this chapter shall be guilty of a civil zoning violation and shall be subject to a fine not to exceed $500 per violation. Each day the violation continues shall constitute a separate violation.
B.
Issuance by citation. The officers authorized by the Planning Director to enforce the Zoning Code may issue citations for civil infractions of this chapter.
C.
Persons responsible. The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
D.
Violation of conditions. When conditions are made a part of approvals granted by the Board of Appeals or Planning Commission under the terms of this chapter, a violation of those conditions shall be deemed a violation of this chapter and shall be subject to the provisions of Part 2 and, at the discretion of the Board of Appeals, after notice and hearing, shall be grounds for termination or revocation of the zoning authorization.
E.
Other enforcement options. Nothing herein contained shall prevent the county from revoking a permit, special exception, variance or approval from the offender or from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter.
§ 225-24 Conflict with other laws.
Greater restriction governs. In the event of a conflict between provisions within this chapter, or between this chapter and any other statute, local ordinance or regulation, the provision imposing the greater restriction shall govern.