Wicomico County Unincorporated
City Zoning Code
City Zoning Code
PART 4
Zoning Districts
§ 225-26 Districts established.
§ 225-27 A-1 Agriculture-Rural District.
A.
Purpose. The purpose of the A-1 Agriculture-Rural District is to preserve areas of the county that are predominantly agricultural and to maintain the land base necessary for sustainable agricultural activity.
(1)
This district is designed to protect agriculture from incompatible residential, commercial and industrial development.
(2)
Where low-intensity residential development is allowed in the Agriculture-Rural District, density and design standards shall ensure natural resource protection and preservation of rural character.
(3)
This district shall be characterized by a mix of agricultural activities, farms and farmland, forests, open spaces and low-intensity residential development or small cluster developments with significant associated open spaces.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options. An A-1 Cluster Development is available by approval of a development plan.
§ 225-28 V-C Village Conservation District.
A.
Purpose. The purpose of the V-C Village Conservation District is to protect the character of the county's historic and traditional unincorporated village centers and facilitate continued investment in infill and connecting residential, institutional and compatible business revitalization and development.
(1)
The district recognizes that the preservation of property values and vitality within the villages requires the ability to develop additional parcels of land along village streets and edges.
(2)
V-C Village Conservation District standards permit low-density residential development, and neighborhood commercial uses, and include incentives for innovative, mixed-use development compatible with the character and scale of the village centers.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options. A planned village conservation development (PVCD) option is available by special exception with a development plan, on sites of five acres or more.
§ 225-29 R-8 Residential District.
A.
Purpose. The purpose of the R-8 Residential District is to protect and develop primarily residential and supporting uses at medium to higher densities than provided for in the other residential districts.
(1)
A variety of housing types, including single-family, two-family units, townhouses, and apartments, are encouraged in order to provide for a mix of housing types, tenures, prices, household sizes, age groups, and lifestyles.
(2)
Cluster development is encouraged so as to reduce lot sizes and provide additional open space for common use by residents and adjacent communities.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
§ 225-30 R-15 Residential District.
A.
Purpose.
(1)
The purpose of the R-15 Residential District is to provide for low- to medium-density residential development in areas where public water and sewer and other public facilities may not be available.
(2)
The district provides for development of new suburban residential neighborhoods, as are compatible with this scale of residential development.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
§ 225-31 R-20 Residential District.
A.
Purpose. The purpose of the R-20 Residential District is to provide for low-density, single-family residential development, and higher-density residential development as may be permitted, as may be necessary or as are normally compatible with residential surroundings.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
§ 225-32 R-30 Residential District.
A.
Purpose. The purpose of the R-30 Residential District is to provide for low-density, single-family residential development, normally compatible with residential surroundings and providing more spacious, nonurban neighborhoods.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options: residential cluster development option, subject to an approved development plan.
§ 225-33 REC, Residential, Educational and Cultural District.
A.
Purpose. The purpose of the REC Residential, Educational and Cultural District is to permit limited and compatible educational and cultural uses and to promote compatibility with surrounding neighborhoods. The district standards emphasize site and performance standards designed to protect neighborhoods and ensure compatible relationships with adjacent properties.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
D.
Supplemental requirements.
(1)
Office buildings and uses for educational purposes shall promote the development of leadership skills which are open to the entire campus, including both educational and fraternal organizations.
(2)
Uses on the site shall be screened from adjacent residential structures by a combination of a fence, berm or landscape plantings.
(3)
The size, location and architectural treatment of any proposed buildings shall be compatible with the predominant architectural character of the neighborhood.
(4)
A development plan shall be presented to and approved by the Planning Commission prior to the issuance of a building permit or zoning authorization for any use in this district.
§ 225-34 TT Town Transition District.
A.
The purpose of the TT Town Transition District is to establish a rural/municipal transition district at appropriate locations along the periphery of existing incorporated towns.
(1)
The district encompasses unincorporated areas located adjacent to incorporated municipal centers.
(2)
This district encourages development that is compatible with the existing character of the surrounding area.
(3)
Standards are intended to ensure that development complements the existing character of the area and results in efficient and orderly growth in areas adjacent to the town centers.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
§ 225-35 C-1 Select Commercial District.
A.
Purpose. The purpose of the C-1 Select Commercial District is to provide locations for retail, office, service and related uses that serve neighborhood and community-wide markets.
(1)
The district is designed to encourage the development of uses which require a well-designed environment on moderate-size lots with locations that emphasize visibility and access to a major state or county highway.
(2)
Intensive, traditional strip commercial development is discouraged, and specific design standards are established to ensure that the impact of these developments will not create an adverse impact on adjacent areas.
(3)
Special design requirements, including landscaping, parking and access control standards, are included in order to ensure development of a high-quality, low-intensity commercial environment compatible with adjacent residential neighborhoods.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options: planned business centers, subject to an approved development plan.
D.
General requirements.
(2)
Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Part 7.
E.
Supplemental requirements.
(1)
A site plan shall be presented to and approved by the Planning Commission prior to the issuance of a building permit or zoning authorization for any use within the C-1 Select Commercial District.
(2)
Outside display and/or storage of commercial items shall not be permitted unless specifically approved by the Planning Commission.
§ 225-36 C-2 General Commercial District.
A.
Purpose. The purpose of the C-2 General Commercial District is to provide areas for a diversity of economic activities, including the exchange of goods and the provision of services to residents of the county and regional markets.
(1)
The districts are located in areas with access to county and state roads and highways where, because of the intensity of land use, these uses can be better served by existing or planned public utilities.
(2)
The restrictions set forth herein are designed to ensure a wide range of economic activity, with appropriate design standards, in conveniently located areas, to protect adjacent areas and maintain safe traffic conditions.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options: planned business centers subject to an approved development plan.
D.
General requirements. The following supplemental development standards shall apply in the C-2 General Commercial District:
(2)
Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with general requirements of Part 7.
§ 225-37 C-3 Regional Commercial District.
A.
Purpose. The purpose of the C-3 Regional Commercial District is to provide areas for regional retailing and service commercial activities that require large sites, high visibility and access to major regional highways.
(1)
The restrictions set forth herein are designed to ensure a continuous prosperity in the economic development of the community and to locate these districts where they will not be detrimental to adjoining residential areas.
(2)
District standards and regulations are designed to protect uses within the district and within adjacent or surrounding districts, to minimize highway congestion and to ensure quality commercial development abutting major highways.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
D.
General requirements. A development plan shall be submitted to the Planning Commission for all proposed development within the C-3 Regional Commercial District. The following supplemental standards apply to all uses in the C-3 Regional Commercial District:
(2)
Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with general requirements of Part 7.
E.
Supplemental regulations.
(1)
The layout of the development site shall be such that an overall street system may be designed within the development and which will connect with streets or highways to the development in such a way as to provide for the safe and efficient movement of traffic to and within the development.
(2)
The design of the development shall be such that necessary utilities may be adequately provided to serve the development.
(3)
The development shall be designed in such a manner as to ensure the development's compatibility with adjoining districts and uses.
(4)
The layout shall be such that it will lend itself to orderly series or stages of construction to ensure that access and utilities can be provided at a minimum of public expense and effort.
(5)
An exterior lighting plan showing the location of exterior lighting fixtures or standards shall be demonstrated on the development plan.
(6)
The minimum distance between buildings shall be 20 feet.
§ 225-38 LB-1 Light Business and Institutional District.
A.
Purpose. The purpose of LB-1 Light Business and Institutional District is to provide areas for the location of light business and institutional uses, high-density residential uses, and public facilities on highways or streets with sufficient capacity to accommodate project traffic and adjacent to residential districts. The district regulations and standards are designed to:
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options: planned business centers subject to an approved development plan.
D.
General requirements. A site plan shall be submitted to the Planning Commission for all proposed development within the LB-1 District. The following supplemental standards apply to all uses in the LB-1 Light Business and Institutional District:
(2)
Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Part 7.
E.
Supplemental requirements.
(1)
Overhead doors facing a street and erection of external tanks and equipment (beyond customary building mechanical systems) that are not fully enclosed or fully screened from public view are prohibited unless specifically approved by the Planning Commission.
(2)
Site design should ensure a compatible physical relationship with the surrounding neighborhood.
§ 225-39 LB-2 Light Business and Residential District.
A.
Purpose. The purpose of the LB-2 Light Business and Residential District is to provide areas for low-impact commercial uses along the edges of certain residential areas that are impacted by high-volume traffic on major streets or highways and nearby commercial or industrial uses.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
General requirements. A site plan shall be submitted to the Planning Commission for all proposed development within the LB-2 Light Business and Residential District. The following supplemental standards apply to all uses in the LB-2 Light Business and Residential District:
(2)
Bulk regulations, including lot area, setback requirements and height limitations, shall be provided for all uses in accordance with the general requirements of Part 7.
D.
Supplemental requirements.
§ 225-40 AB Airport Business District.
A.
The purpose of the AB Airport Business District is to encourage development of county-owned land adjacent to the Salisbury-Ocean City: Wicomico Regional Airport with an appropriate mix of business and light industrial uses and to provide opportunities for alternative densities, lot sizes and other bulk regulations.
(1)
Permitted uses in the AB District shall give the county maximum flexibility in its site marketing and development program and be consistent with the county's overall economic development objectives and programs.
(2)
Minimum development standards for this district are intended to ensure application of good site planning principles in the development of each site.
B.
Permitted uses. To accomplish the purposes of this district, it is in the best interest of the county that uses within this district be as approved by the Wicomico County Airport Commission in accordance with specific plans to assure that the county will benefit from the proposed district with a minimum impact on the surrounding areas and the environment.
C.
General requirements. Provisions of the AB District where found to be in conflict with the following shall supersede those other provisions with which they conflict:
D.
Site plan approval in the AB Airport Business District.
§ 225-41 I-1 Light Industrial District.
A.
The purpose of the I-1 Light Industrial District is to provide areas for light industrial development, including manufacturing, wholesaling, research and development activities, and selected businesses and commercial uses. Development performance standards have been established to ensure that no use is permitted which may be detrimental because of odor, smoke, dust, toxic fumes, fire, noise, explosion, outside storage or toxic or hazardous chemicals.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options. A planned industrial park is permitted with a development plan.
D.
E.
Supplemental requirement. In keeping with the purpose of this district:
§ 225-42 I-2 Heavy Industrial District.
A.
The purpose of the I-2 Heavy Industrial District is to encourage industrial growth in the county by providing areas suitable for the development of heavy manufacturing, assembling, or industrial processing activities that have characteristics that could be detrimental if allowed to operate in other districts within the county. The standards and restrictions established for this district are intended to protect both nearby areas and industries which propose to locate or already have located within this district.
B.
Permitted uses. The permitted uses shall be those specified in the Table of Permitted Uses, § 225-67.
C.
Development options. A planned industrial park is permitted with a development plan.
§ 225-43 A-2 Airport Overlay District.
A.
Purpose. The purpose of this overlay district is to maintain and protect the public safety by preventing the establishment of hazards to aviation and property in the vicinity of the Salisbury-Ocean City: Wicomico Regional Airport, protecting users of the airport and preventing unreasonable limitation or impairment on the use and expansion of airport facilities and the public investment which has been made therein.
B.
Specific use restrictions.
(1)
Uses shall be those established by the underlying base zoning district, except that the following uses are not permitted within the area identified on the Zoning Map as the airport protection zone which is designated as that area within an eight-thousand-foot radius around the Salisbury-Ocean City: Wicomico Regional Airport:
(2)
Bulk regulations. All area, setback, lot sizes and dimensions for both principal and accessory buildings and structures and other related regulations, shall be the same as those established for the underlying base zoning district.
C.
Performance standards.
(1)
Notwithstanding any other provision of this chapter, no use shall be made of land within the A-2 Airport Overlay District which:
(a)
Creates electrical interference with radio communications between the airport and aircraft, including radio and television transmitting towers or studios, wireless telecommunications towers and antennas and large radiation or X-ray equipment.
(b)
Includes aboveground storage of petroleum or any other explosive material.
(c)
Emits smoke or odor.
(d)
Contains lights or signals which may be confused with airport navigational lights.
(e)
Results in glare to pilots approaching, leaving or circling the airport or which impairs visibility in the A-2 Airport District.
(f)
Provides private airfields or runways for the use of planes other than those used in the principal airport in the district.
(g)
Otherwise endangers the landing, taking off or maneuvering of aircraft.
(2)
Any disagreement with the Zoning Administrator's interpretation of the provisions of this section may be appealed to the Board of Appeals.
D.
Height limitations. No structure, tower or tree shall be constructed, altered, allowed to grow or maintained in violation of the following height restrictions:
E.
Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this district and reasonable in circumstances, be conditioned as to require the owner of a structure, tower or tree, at his own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
§ 225-44 HP, Historic Preservation Districts.
A.
Purpose.
(1)
It is the purpose of the Historic Preservation Districts to safeguard and promote the history and heritage of Wicomico County by preserving areas, structures and sites of cultural, archeological, social, economic, political, architectural or historical significance, thereby strengthening and improving the local economy by stabilizing and improving property values. Preservation activities will foster civic beauty and promote the use and preservation of these areas for the education, welfare and pleasure of the public. By designating such structures and sites representing a variety of historic and architectural periods, a significant public purpose can be attained by preserving a visual record of the heritage of Wicomico County.
(2)
The regulations within these districts are established to:
(a)
Protect against destruction of or encroachment upon these areas and the structures and premises therein;
(b)
Encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural, social, economic, political and archaeological heritage of the county;
(c)
Prevent creation of environmental influences adverse to such purposes;
(d)
Assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced.
(3)
The following general regulations are based upon this intent, which is consistent with the historic preservation goals and recommendations contained in the Comprehensive Plan.
B. ALTERATION APPURTENANCES AND ENVIRONMENTAL SETTINGS DEMOLITION EXTERIOR FEATURES HISTORIC DISTRICT ORDINARY MAINTENANCE(1) (2) (3) (4) RECONSTRUCTION RESTORATION SITE STRUCTURE
Definitions. As used within the context of this section, the following terms shall have the meanings indicated:
Any exterior change that would affect the historic, archeological, or architectural significance of a designated site or structure, any portion of which is visible or intended to be visible from a public way, including, but not limited to, construction, reconstruction, restoration, removal, moving, or demolition.
All of the space of grounds and structures thereon which surrounds a designated site or structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but are not limited to, walkways, and driveways (whether paved or unpaved), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.
Includes any willful neglect in maintenance and repair of a structure, not including appurtenances and environmental settings, held or used in a trade or business or for the production of income, that does not result from financial inability to maintain and repair the structure and that threatens to result in any substantial deterioration of the exterior features of the structure.
The architectural style, design, and general arrangement of the exterior of an historic structure, including the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, or similar items found on or related to the exterior of an historic structure.
An area in the county which is deemed to be of historic or architectural value, the boundaries of which are established by the County Council.
Work that does not alter the exterior fabric or features of a site or structure and has no material affect on the historical, archeological, or architectural significance of the historical site or structure. Exterior features include the architectural style, design, and general arrangement of the exterior; the color, nature, and texture of building materials; and the type and style of all windows, doors, light fixtures, signs, and similar items found on, or related to the exterior of a designated historic structure or landmark. Basically, ordinary maintenance is that which will have no material effect on the historical, architectural, cultural, or archaeological value of the designated historic structure, site or landmark. This definition of ordinary maintenance applies, whenever appropriate, to the appurtenances and environmental setting of the property, as well as the building, structure or object itself. The following considered to be ordinary maintenance include:
Repair or replacement of roofs, gutters, siding, external doors and windows, trim, lights, and other appurtenant fixtures with like materials of like design.
Landscaping, except the removal of significant healthy trees.
Paving repair using like materials of like design.
Repainting of surfaces using the same or substantially the same color.
The process of reproducing by new construction the exact form and detail of a vanished structure, or part thereof, as it appeared at a specific period of time.
The process of accurately recovering the form and details of a property as it appeared in a specific period of time by means of removal of later work or replacement of work from that period now missing or deteriorated beyond repair.
The location of an event of historic significance or a structure, whether standing or ruined, which possesses documented historic, architectural, archeological, or cultural significance.
A combination of material to form a construction that is stable, including, among other things, buildings, stadiums, reviewing stands, platforms, staging, observation towers, radio towers, water tanks and towers, trestles, piers, paving, bulkheads, wharves, sheds, coal bins, shelters, fences and display signs. The term also includes natural land formations, appurtenances and environmental settings. The term "structure" shall be construed as if followed by the words "or part thereof."
C.
Establishment of boundaries.
(1)
The County Council may establish, change, lay out and define districts which are deemed to be of historic or architectural value in accordance with the procedures applicable to the establishment of zoning districts set forth in Part 2, Article V, of this chapter. With respect to historic districts, it shall not be necessary to show a mistake in the original boundaries or a change in the character of the area.
(2)
The County Council or the Planning Commission may, in the process of establishing boundaries, designate the Historic District Commission, the County Committee of the Maryland Historic Trust and/or the Maryland Historic Trust to make an analysis of and recommendation concerning the proposed district.
(3)
Historic District boundaries shall be shown on the official Zoning Map as an HP Zoning Overlay District over the underlying base zoning district.
(4)
All provisions of the underlying zoning district shall be applicable in addition to the provisions of the Historic Preservation District.
D.
Historic District Commission.
(1)
The Wicomico County Historic District Commission (Historic Commission) shall have a membership of at least seven persons, all of whom are residents of the county and are qualified by special interest, knowledge or training in such fields as history, architecture, preservation or urban design and who have knowledge of and have demonstrated an interest in the preservation of historic and architectural areas of the county.
(2)
The members shall be appointed by the County Executive and confirmed by the County Council for terms of three years each, in staggered terms. Members shall be eligible for reappointment.
(3)
In the event of a vacancy on the Historic Commission, an interim appointment for the remainder of the unexpired term shall be made by the County Executive and confirmed by the County Council.
[Amended 10-17-2006 by Bill No. 2006-11]
(4)
Organization.
(a)
The Historic Commission shall organize annually and select a Chairman from its membership.
(b)
Rules and regulations. The Historic Commission may amend its rules and regulations, provided that such amendments are presented and approved by the County Council and made available for public comment prior to adoption.
(c)
The County Executive may, from time to time, appoint professional advisers to the Historic Commission.
[Amended 10-17-2006 by Bill No. 2006-11]
(5)
Meetings.
(a)
All meetings of the Historic Commission shall be open to the public. Any interested person or his duly constituted representative shall be entitled to appear and be heard on a matter before the Historic Commission.
(b)
The Historic Commission shall keep a written record of its proceedings and actions, including all applications received, and the official action of the Historic Commission on each application, which shall be on file for public view in the office of the Secretary.
(c)
Notice of the Historic Commission's meetings shall be given in accordance with provisions for public notice established in the Historic Commission's rules and regulations.
(d)
A quorum shall consist of four members.
E.
Applications, powers and procedures.
(1)
Application.
(a)
Any person, individual, firm or corporation proposing to construct, alter, reconstruct, move, demolish or repair any structure within an Historic District, if such changes would affect its exterior appearance, shall file an application for permission to undertake such construction, alteration, reconstruction, moving, demolition or repair. The application shall be filed with the Department, which shall forward the application, together with all relevant maps, plans and all other data, to the Historic Commission.
(b)
Each application shall include all necessary data required by the rules of the Historic Commission and shall be advertised in such manner as provided for in the rules of the Historic Commission.
(2)
It shall be the duty of the Historic Commission to review any application to construct, alter, reconstruct or move any structure within an Historic District if any such changes would affect its exterior appearance and to approve or reject such application. No permit for any such change may be granted until the Historic Commission has acted thereon.
(3)
In reviewing an application, the Historic Commission shall give consideration to:
(a)
The historic or architectural value and significance of the structure and its relation to the historic value of the surrounding area;
(b)
The relationship of the exterior architectural features of such structure to the remainder of the structure and to the surrounding area;
(c)
The general compatibility of exterior design, arrangement, texture and materials proposed to be used;
(d)
Special features in historic areas, such as their architectural integrity and spatial relationships among buildings. Spatial relationships include courtyards, street patterns, the scale of buildings and open space;
(e)
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity;
(f)
The United States Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation; and
(g)
Any other factors, including aesthetic factors, which the Commission deems to be pertinent to the proposed application.
(4)
In determining actions which may be permitted, the Historic Commission shall follow the following standards:
(a)
Deteriorated architectural features shall be reconstructed rather than replaced wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Reconstruction or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures;
(b)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken; and
(c)
Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.
(5)
The Historic Commission shall act on only the exterior features of a structure and shall not consider interior arrangement, nor shall it disapprove applications except with regard to the considerations set forth above.
(6)
Nothing in this section of the chapter shall be taken or construed to prevent work or repairs on any structure coming under the heading of ordinary maintenance.
(7)
Intent of Historic Commission review.
(a)
It is the intent of these regulations that the Historic Commission be strict in its judgment of plans for structures deemed to be valuable according to studies performed for districts of historic or architectural value.
(b)
It is not the intent of these regulations to limit new construction, alteration or repair to any one period or architectural style.
(c)
It is also the intent of these regulations that an Historic Commission shall be lenient in its judgment of plans for structures of little historic value or new construction except where such plans would seriously impair the historic or architectural value of surrounding structures.
(d)
It is recognized that there are a number of structures within Historic Districts that are neither architecturally nor historically significant or valuable and that most changes to such structures, including demolition thereof, would not be detrimental to an Historic District and may represent improvement thereof.
(8)
The Historic Commission shall have the right to petition the County Council for designation of appropriate areas as Historic Districts.
(9)
Special consideration.
(a)
In the case of an application for alterations affecting the exterior appearance of a structure which the Historic Commission deems of unusual importance to the county or unusual importance to the entire state or nation, the Historic Commission shall endeavor to formulate, with the owner, an economically feasible plan for the preservation of such structure.
(b)
Unless the Historic Commission is satisfied that the proposed construction, alteration, reconstruction, moving or demolition will not materially impair the historic value of the structure, the Historic Commission shall reject the application and shall file with the Zoning Administrator and Building Inspector a written copy of the rejection of such application.
(c)
No new applications for the same or similar work shall be filed within one year after such rejection, except in the event of a change in such structure arising from casualty.
(d)
If an application is submitted for construction, reconstruction, alteration or for moving or demolition of a structure that the Historic Commission deems of unusual importance and no economically feasible plan can be formulated, the Historic Commission shall have 90 days from the time it concludes that no economically feasible plan can be formulated to negotiate with the owner and other parties in an effort to find a means of preserving the structure.
(e)
In the case of any such structure deemed to be valuable for the period of architecture it represents and important to the neighborhood or area within which it exists, the Historic Commission may approve such application to demolish or alter such structure if:
[1]
Such structure is a deterrent to a major improvement program which will be of substantial benefit to the county;
[2]
Retention of such structure would cause undue financial hardship to the owner; or
[3]
Retention of such structure would not be in the best interests of the majority of the community.
F.
Architectural easements. Wicomico County may purchase architectural easements in connection with structures located in or adjacent to an Historic District. Such easements shall grant to Wicomico County the perpetual right to have the exterior appearance of any structure upon which it is applied retained in substantially the same character as when the easement took effect.
G.
Approval or rejection of application.
(1)
The Historic Commission shall file with the Zoning Administrator and Building Inspector its certificate of approval, modification or rejection of all applications submitted to it for review. The Historic Commission shall set forth, in writing, its reason for approval, modification or rejection of an application.
(2)
No work shall begin on any project until such a certificate of approval has been filed.
(3)
In the case of rejection, such certificate shall be binding on the Zoning Administrator and Building Inspector, and no building permit for such change or construction shall be issued.
(4)
Failure of the Historic Commission to act within 45 days from the date an application is filed shall constitute approval unless an extension is mutually agreed upon by the applicant and the Historic Commission.
H.
Appeals. Any applicant, interested person or persons, firm or corporation aggrieved by a decision of the Historic Commission shall have the right to appeal that decision to the Board of Appeals. Written notice of appeal shall be submitted to the Secretary of the Board of Appeals within 30 days from the Historic Commission's decision.
§ 225-45 Paleochannel Overlay District.
A.
Purpose. The paleochannel is a buried riverbed estimated to store approximately seven billion gallons of water. The known portion of the channel extends into the northerly and central sections of Wicomico County. This resource currently provides potable water for the City of Salisbury and is an important future water supply for the City of Salisbury and Wicomico County. Because of its vast potential as a source of potable water, protective measures, in the form of use limitations, performance standards and detailed review procedures, are necessary to ensure that the channel is protected from contamination resulting from environmentally incompatible land uses. The following use restrictions and standards have been developed in order to conserve and protect this vital natural resource.
B.
Establishment of boundaries. The Paleochannel District shall be shown on the Official Zoning Map as a district overlying the existing underlying base zoning district(s), including all that area outside of the corporate limits of Salisbury shown as the paleochannel on the Maryland Geological Survey Map, for the paleochannel. The boundaries of this district may be changed from time to time as better information concerning the location of the paleochannel may become known from qualified scientific sources.
C.
Permitted uses. Permitted, special exception and accessory uses shall be those allowed in the underlying zoning district in which the property is located, except as hereinafter modified. Such uses shall be subject to the regulations imposed for that underlying district, unless a more specific requirement is provided for herein.
D.
Prohibited uses. The following uses are prohibited in any district over which the Paleochannel Overlay District is applied:
(1)
Soil remediation facility.
(2)
Hazardous waste storage or facility.
(3)
Toxic waste storage or facility.
(4)
Infectious waste storage or facility.
(5)
Any use that will include the underground storage or generation of materials that are ignitable, corrosive, reactive, toxic, hazardous, infectious or chemical or petroleum laden. This provision shall not apply to:
(a)
Existing industrial uses where materials that are ignitable, corrosive, reactive, toxic, hazardous, infectious, chemical or petroleum laden are part of the means of production; or
(b)
The storage of petroleum or chemicals incidental to permitted agriculture uses.
(c)
Storage of natural gas or propane used for heating and cooling the premises where located.
(d)
Above ground storage of such materials in compliance with all State and Federal regulations which may from time to time be promulgated.
(6)
Mineral extraction (i.e., sand, gravel and clay excavations) or borrow pit operation.
(7)
Sanitary landfill.
(8)
Salvage or recycling yards and junkyards.
(9)
Rubble landfill.
(10)
Sludge storage or application.
E.
Application.
(1)
All proposals for either uses or development allowed as permitted or special exception uses on any lot or parcel of land which is wholly or partially located in the Paleochannel Overlay District, shall first be reviewed and approved by the Planning Commission. These provisions shall not apply to a single-family, or two-family residence; an agricultural use; an on-site sign; a family day-care home (up to eight children); or a home office (with no site disturbance).
(2)
An application for said use shall be made to the Zoning Administrator.
(3)
The application shall include a site plan and include the following information:
(a)
A narrative description by the applicant of the proposed use and activities to occur on-site, including the types of materials to be used and any process occurring on the site in question.
(b)
A natural, cultural, historic and archeological features inventory of the site.
(c)
The features inventory shall clearly show on the site plan the following information:
[1]
Hydric, alluvial and highly permeable soils and slopes over 15%.
[2]
Wooded areas on the site.
[3]
Streams, free-flowing or intermittent.
[4]
Natural drainageways or swales.
[5]
Tidal or nontidal wetlands.
[6]
One-hundred-year floodplain boundaries.
[7]
The location of significant historic, cultural, or archeological features.
[8]
Drainage basin boundaries.
[9]
Wellhead protection areas
(d)
The Planning Commission may request any additional information it deems necessary be added to the required site plan.
(e)
Written review comments from the Wicomico County Health Department.
(f)
One copy of any on-site mitigation plans for nontidal wetlands or forest conservation or any other mitigation plan as approved by any state or federal agency as may be required by law if required by the Planning Commission.
(4)
Copies of any applications made to any state or federal agency for approval of the proposed use on the site if required by the Planning Commission.
F.
Development standards. In addition to the development standards for the underlying zoning district in which the proposed use is located, the following shall be required:
(1)
Alterations. No more than 85% of the site may be altered in any manner. The Planning Commission, after reviewing justification provided by the applicant, may permit disturbance on the remaining 15% of the site for minor grading and site preparation.
(2)
Removal. No more than 15% of any existing natural vegetation, one inch or larger in size, on the site shall be removed except as may be specifically authorized by the Planning Commission.
(3)
Slope. In reviewing the type of stormwater management proposed for the use, the Planning Commission may require that a greater amount of stormwater be stored on site than the minimum required under the County Stormwater Management Regulations. In addition, the Planning Commission may require a less steep slope than required by existing regulations and may require that the applicant stabilize the banks of all slopes and bottom of the stormwater management pond with sod before such facilities can become operational. Any such additional requirements by the Planning Commission shall first be submitted to the Director of Public Works for review and comment.
(4)
Stream buffer. A minimum thirty-five-foot buffer shall be retained abutting the bank of any free-flowing or intermittent stream on site. Land areas included within this thirty-five-foot buffer area may be counted toward the overall percentage of the site required to remain undisturbed.
G.
Planning Commission review and approval procedures.
(1)
Once a complete application has been received by the Zoning Administrator, and deemed of sufficient concern to warrant a full review, the proposal for development of any lot or parcel of land for any permitted use described herein shall be submitted to the Planning Director for the preparation of a report to be reviewed and approved by the Planning Commission.
(2)
The Planning Commission shall review the use, its operating characteristics and the proposed location relative to any existing or future possibility of contamination of the paleochannel through the operation, storage or handling of raw or waste materials or from the particular manufacturing, storage or other process proposed. The Planning Commission may solicit any technical advice or information it deems necessary in its review of the proposed use to assure that possible contamination will not occur, including but not limited to an environmental impact statement or any information necessary to obtain any permit from any applicable state or federal agency or an impact statement from an independent consultant to be selected by the Planning Commission and paid for by the applicant.
(3)
If the Planning Commission is satisfied that the proposal poses no risk of contamination to the paleochannel, the application shall be approved and notice provided to the Zoning Administrator.
(4)
If the Planning Commission determines that there is the potential that the proposal will contaminate or may pose a serious risk of contamination to the paleochannel, then the request shall be denied. A written findings of fact, listing the final decision of the Planning Commission and its reasons for denial, shall be provided within 90 days of the Planning Commission's action.
(5)
A proposal which has been rejected by the Planning Commission may be resubmitted for review, provided that there has been a major change in the method proposed for processing, storage or handling of materials, products or wastes that eliminates or substantially reduces the risk of contamination to the paleochannel.
§ 225-46 Neighborhood Preservation Overlay District.
A.
Purpose. The purpose of this district is to preserve, protect and maintain those areas which were established as single-family residential or are planned to be in predominantly single-family residential development. Special restrictions are designed to encourage high standards of residential development for single-family use, thus ensuring existing and future residents of the continued advantages of low-density development and compatible land uses, thereby resulting in stable property values and neighborhoods. The following use restrictions and standards have been developed in order to conserve and protect these neighborhoods.
B.
Establishment of boundaries. The Neighborhood Preservation District shall be shown on the Official Zoning Map as a district overlying the existing underlying zoning. The boundaries of this district may be changed from time to time without the necessity of showing a mistake in the original boundaries or a change in the neighborhood.
C.
Uses.
(1)
Permitted and accessory uses shall be those allowed in the underlying zoning district in which the property is located, except as modified in this section.
(2) FAMILY
For any use that includes the term "family," the following definition shall apply:
One person or two or more persons related by blood or marriage, or a group of not more than two persons not necessarily related by blood or marriage, in any case, living together as a single housekeeping unit.
D.
Prohibited uses. The rental of guest rooms shall be a prohibited use in districts over which the Neighborhood Preservation District is applied.
§ 225-47 Approval.
A.
The following PDDs are therefore set forth in the text of this chapter, with specific boundaries to be established on the Official Zoning Map after approval by the County Council of a preliminary development plan. These districts are floating districts and under Maryland case law are analogous to special exceptions. Criteria for establishment of these districts are set forth in the purpose for each district and shall be the basis for approval or denial by the County Council without the necessity of showing a mistake in the original zoning or a change in the neighborhood.
B.
Application for the establishment of a floating district shall be made in accordance with the procedures applicable to the amendment of zoning districts set forth in § 225-20, Amendments, of this chapter.
(1)
Such application shall include a development plan that sets forth the land uses requested.
(2)
It shall not be necessary for the applicant to show a mistake in the original zoning district boundaries or a change in the character of the area in order for the County Council to approve the floating district request.
C.
The Planning Commission shall make an analysis of and recommendation concerning the proposed district.
D.
The County Council, upon consideration of the recommendations of the Planning Commission, may approve a floating district when it finds that the proposed district satisfies the purposes and standards of this section, including the following:
(1)
All necessary infrastructure for the proposed development is or will be made available to the district at the time and location required.
(2)
The proposed district will not adversely affect the health, safety and general welfare of the residents or workers in the area.
(3)
The proposed district is compatible with and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
(4)
The proposed development has been designed so as to minimize possible adverse affects on adjacent properties or on the immediately surrounding area.
(5)
The proposed development will not adversely affect the transportation network or unduly burden water, sewer, schools, parks, stormwater management areas, including streams, or other public facilities.
(6)
The proposed development will not adversely affect the environmental or historical assets of particular interest to the community as may be identified in any adopted plan of the county.
E.
Upon final approval by the County Council, the district boundary shall be shown on the official Zoning Map.
§ 225-48 Corporate Industrial District (CID).
A.
Purpose and intent.
(1)
It is the purpose of the CID to implement the recommendations of the Comprehensive Plan to establish a mechanism and appropriate standards for locating new, large-scale regional corporate and multi-use industrial centers in areas not currently mapped for such use, but which may be particularly well suited for these uses.
(2)
The CID will encourage the best possible design of buildings and site planning under a development plan and provide for more efficient use of land and the provision of public services.
(3)
This district provides opportunities for alternative densities, lot sizes and other bulk regulations. It is in the best interest of the county, therefore, that these districts be approved by the County Council in accordance with specific plans to assure that the county will benefit from the proposed district with a minimum impact on the surrounding areas and the environment.
(4)
Additional purposes of this district are:
(a)
To promote and facilitate economic development at appropriate locations within the county;
(b)
To encourage development which presents an attractive appearance and is compatible with uses in the surrounding area by means of appropriate siting of buildings, service areas and landscape treatment;
(c)
To locate development on sites served by one or more major highways and on sites that are clearly suitable for the physical characteristics of development for such uses;
(d)
To provide a more flexible approach to the comprehensive development of large tracts of land in terms of land use, intensity and design;
(e)
To require the orderly, staged construction of large-scale, comprehensively planned corporate and industrial centers;
(f)
To assure compatibility of land uses proposed in such a development with uses in the area surrounding the site by incorporating appropriate standards of land planning and site design; and
(g)
To be used to implement the Comprehensive Plan and other county plans and policies in a manner consistent with said county plans and policies.
B.
Uses.
(1)
Uses permitted shall be those uses permitted in an I-1 Light Industrial District.
(2)
Any use permitted inherently or by special exception in a C-2 General Commercial, C-3 Regional Commercial, and any other use approved by Council, on the recommendation of the Planning Commission, except those uses set forth in Subsection B(3), below, when such use is:
(3)
The following uses are prohibited in a CID:
(a)
Car washes.
(b)
Motor vehicle sales and motor vehicle service.
(c)
Boat sales, service or repair facilities.
(d)
Consignment sales.
(e)
Farm equipment sales, service or repair.
(f)
Manufactured home parks.
(g)
Manufactured home sales and service.
(h)
Mobile office.
(i)
Outdoor advertising structures.
(j)
Campgrounds or travel trailer parks.
(k)
Temporary mobile residences or travel trailers.
(l)
Sanitary landfill operations.
C.
Outdoor storage. Outdoor storage shall be provided for all uses in accordance with the requirements of Part 11.
D.
Minimum land area: The proposed site for a CID shall contain a minimum contiguous land area of five acres.
E.
Setback requirements. Setback requirements shall be identical to those provided for the I-1 Light Industrial District and shall be applied to all uses in the CID, regardless of their classification as industrial or commercial unless specifically approved by the Planning Commission.
F.
Front yard limitations. No outdoor storage of materials or supply storage yards shall be permitted within the front setback requirement on each site.
§ 225-49 Planned Unit Development (PUD).
A.
Purpose. It is the intent of this district to control the placement, design, use, and density of well-planned, residential development which offers a variety of building types and a more efficient overall use of land and, within these limits, to permit the optimum amount of flexibility and variety in the design of such varying types of residential structures including single- and two-family dwellings, townhouses and apartment buildings. Within the intention of these regulations, the following objectives are sought:
(1)
To provide a more attractive and varied living environment than would be possible through the strict application of R-8, R-15 and R-20 Residential Districts and TT Town Transition District requirements.
(2)
To encourage developers to use a more creative approach in the development of land and open space.
(3)
To encourage variety in the physical development pattern of residential areas.
B.
Where permitted.
(1)
A PUD is permitted in R-8, R-15 and R-20 Residential Districts and TT Town Transition District, subject to an approved development plan.
C.
Permitted uses. PUDs are contemplated to be primarily residential in use. However, PUDs of sufficient size and appropriate character may have elements of commercial development which are incidental to the PUD and are intended primarily for the use of its residents. Permitted uses are as follows:
(1)
Single-family and two-family dwelling units;
(2)
Zero-lot-line development;
(3)
Townhouses;
(4)
Apartments, limited to no more than 12 units per acre;
(5)
An office, temporary or permanent, belonging to the developer and clearly incidental to management and sales operations of the PUD;
(6)
Temporary structures incidental to construction and meant to be removed when construction is complete; and
(7)
In a PUD of 50 acres or more, a planned commercial center may be permitted as follows:
(a)
Such commercial center shall be an integral part of the plan for the PUD.
(b)
The total aggregate area of all the commercial establishments and their parking area shall be established in the approval of the development plan but in no case shall be greater than 1% of the gross site area.
(c)
The Planning Commission may increase the total aggregate area of all commercial establishments up to 2% of the gross site area when the project includes purchase of transferable development rights for the A-1 Agriculture-Rural District.
(d)
Planned commercial uses shall be compatible with the residential nature of the PUD. These may include any use listed as permitted or special exception uses in the C-1 Select Commercial District.
(e)
No construction on the planned commercial center shall begin until 30% of the total planned residential units are completed.
(8)
Land and places for public assembly, recreational, governmental, or community buildings and accessory uses or buildings. The Planning Commission may require the reservation of lands for such uses if it is deemed advantageous or necessary for the purpose of serving the PUD and the local community.
D.
Density.
(1)
The total density in the PUD shall be as established in the Schedule of Maximum and Minimum Permitted Residential Densities.
(2)
Each phase of a multiphase PUD should be able to stand as an independent development. At no point in the development of a multiphase PUD development shall the density of residential development in a completed phase of the project area exceed the approved maximum density established in the Schedule of Maximum Permitted Residential Densities.
E.
Development standards. The following development standards shall apply to the PUD:
(1)
The setback, lot size, lot dimensions, lot coverage and height, in the planned unit development shall be established for each individual project by the Planning Commission. In establishing these requirements, the Planning Commission shall consider such factors as the proposed development intensity and the existing character of the neighborhood.
(2)
Land coverage. Maximum land area that may be built over by parking lots, roads, sidewalks, or plazas, buildings, or other structures: 60% of the gross land area of the PUD.
(3)
Open space requirements.
(a)
Common open space shall be used for social, recreational, and/or natural environment preservation purposes.
[1]
The uses authorized must be appropriate to the character of the common open space, including topography, size, and vegetation; as well as to the character of development, including its size and density, the characteristics of the expected population, and the number and type of dwellings to be provided.
[2]
The common open space shall be provided in the form of internal open space and peripheral open space.
(b)
Common open space shall not include:
[1]
The land area of lots allocated for single-family dwellings and two-family dwellings, including front, side and rear setback requirements, whether or not the dwellings are sold or rented.
[2]
The land area of lots allocated for multifamily dwelling construction, including front, side and rear setback requirements, interior yards, and off-street parking facilities, whether or not the dwellings are sold or rented.
[3]
The land area of lots allocated for commercial use, including front, side and rear setback requirements, and parking facilities.
[4]
The land area of lots allocated for public and semipublic uses, community clubs and community facilities and front, side and rear setback requirements, and other open space around the buildings, and parking facilities.
[5]
Street rights-of-way, parkways, driveways, off-street parking, and service areas, except the landscaped central median of boulevards.
(c)
Internal open space shall contain a minimum area of 20,000 square feet designed as village commons, town squares, or community parks that provide active gathering places for residents of the development.
(d)
Peripheral open space shall be required 100 feet in width surrounding a PUD where conditions exist adjacent to the tracts as specified below:
§ 225-50 Planned Development Districts (PDD).
A.
Purpose. It is in the best interest of the county that a wide range of residential, commercial, and industrial development be encouraged to meet the needs of the county and to accomplish sound physical and economic planning. Planned development districts (PDD), encouraging the best possible design of buildings and site planning under a comprehensive plan of development, provide for more efficient use of land and the provision of public services. Planned developments provide opportunities for alternative densities, lot sizes and other bulk regulations and often necessitate the special design and development of public streets and utilities. It is in the best interest of the county, therefore, that these planned developments be approved by the County Council in accordance with specific plans to assure that the community will benefit from the proposed development with a minimum impact on existing development.
B.
Submission of applications and plans. Applications for a PDD, including all plans, shall be made to the Planning Director for review and recommendation by the Planning Commission and approval by the County Council. Plans required for each step in the review process shall be submitted to the same office for distribution to appropriate agencies for review.
C.
Preapplication conference.
(1)
Before submitting an application, the applicant may meet with the Directors of Public Works and Planning and Zoning for a preapplication conference to provide the developer with information concerning the requirements of this section, county policies and other related regulations and to review the general concept of the proposed development, before submission to the Planning Commission.
(2)
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.
D.
Submission of concept development plan.
(1)
An applicant may submit for provisional approval by the Planning Commission a concept development plan as an optional step in the application process for the purpose of obtaining assurance that the project is acceptable in principle before significant expense is incurred by the developer.
E.
Contents of concept development plan. If a concept development plan is prepared, it shall include maps, drawn to approximate scale, and written statements described in this section. The information shall address enough of the area surrounding the proposed development to demonstrate its relationship to both existing and permissible adjoining uses.
(1)
The maps, which are part of the concept plan, shall be drawn to approximate scale and shall contain the following information when appropriate for the development proposed by the applicant:
(a)
A general outline of the property, drawn to approximate scale, showing the boundaries of the area to be included in the PDD and all existing and proposed easements on the site.
(b)
A plan showing the proposed development concept in its entirety, including the approximate location and area of the following:
[1]
The existing general topographic character of the land and natural features of the area.
[2]
Existing and proposed land use or development areas and the amount of area devoted to each use.
[3]
The approximate density, type and style of all proposed buildings and proposed building areas or lots.
[4]
The approximate location of existing and proposed streets and/or thoroughfares.
[5]
The approximate location and type of public uses, including schools, parks, playgrounds and other public open spaces.
[6]
The approximate location of common open space and developed open space and proposed facilities in the developed open space suitable for the anticipated occupants of the development.
(c)
A general landscaping concept plan showing areas to be retained in natural growth and areas of supplemental plantings.
(2)
The application shall include written statements, which are a part of the concept development plan, which shall contain the following information, as appropriate for the type of development and the PDD:
(a)
An explanation of the character and types of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the proposed PDD.
(b)
A statement of proposed financing of the project and costs.
(c)
A statement of ownership of all the land within the proposed development.
(d)
A general indication of the expected schedule of development.
(e)
A statement indicating the impact of the proposal on the surrounding area, including existing and future development.
F.
Approval of concept development plan.
(1)
After review and approval by the Planning Commission, the applicant may request provisional approval by the County Council of the development concept shown on the concept development plan to ascertain if the proposal is generally acceptable and if proposed modifications to county development standards or policies are generally acceptable to the Council.
(2)
Provisional approval of the concept development plan by either the Planning Commission or the County Council shall constitute only concept approval and shall not indicate prior acceptance of any future preliminary development plan.
G.
Submission of preliminary development plan. An application for a PDD with all documents required for a preliminary development plan, shall be submitted to the Planning Commission for review and approval and recommendation to the County Council. Once an application has been received by the Planning Director:
(1)
A public hearing shall be held by the Planning Commission on all preliminary development plans prior to any recommendation being referred to County Council.
(2)
If a concept development plan has been submitted and given provisional approval, the applicant shall file the preliminary development plan within 12 months of approval. The Planning Commission may extend this period for filing for an additional 12 months.
H.
Contents of preliminary development plan. A preliminary development plan for the entire district shall be prepared to show all components of the proposed development and shall include the following information, where applicable, for the type of development proposed in addition to the information required by the development standards for the PDD being requested. The preliminary development plan shall include:
(1)
A property survey of the site, prepared by a registered surveyor or engineer, showing the exact boundaries of the area to be included in the PDD. The survey shall include the location of all existing and proposed easements on the site.
(2)
A site plan, drawn to scale, on sheets 24 by 36 inches, showing the proposed development concept for the entire PDD after completion, including the approximate location of buildings or building areas and other improvements; existing and proposed streets; common and developed open space areas, including areas to be left in a natural state; any improvements proposed in the landscaped or developed open spaces; proposed stormwater management areas; the one hundred-year floodplain line, if applicable; and the Chesapeake Bay Critical Area boundary line, if applicable.
(3)
A development standards plan prepared as either a separate plan or plans, which shall:
(a)
Identify all land uses, bulk and dimensional standards for each type of development, including accessory uses and structures proposed, building areas or envelopes, as may be related to the entire development and to each section or phase of the development.
(b)
Show the location of the proposed rights-of-way for street systems, sewer and water rights-of-way, stormwater management areas, lot, partition or subdivision lines or other divisions of the site for management use or allocation purposes and any other proposed easements or dedications for public or private access or services.
(c)
Show all locations and areas proposed to be conveyed, dedicated or reserved for perimeter setbacks and screening or landscaping; common ownership or use; public use; and, where applicable, shall also include environmental, open space and slope easements; critical area buffers; developed recreation areas; parks; playgrounds; school sites; public service buildings and other public or semipublic uses or facilities.
(4)
A preliminary subdivision plat for the entire PDD in accordance with county subdivision regulations and any applicable development standards and other requirements.
(5)
Elevation and perspective drawings of each type of proposed structure if required by the Planning Commission or the County Council.
(6)
Agreements, provisions or covenants governing the use, maintenance and continued protection of common and developed open space areas and any covenants pertaining to development of individual lots or parcels to be developed at a future date.
(7)
A landscaping plan for the entire district generally consistent with the provisions of this chapter, and the specific landscaping or screening requirements for the PDD proposed, showing natural areas to be retained, the location and type of plantings, as well as areas to be sown with grass, including the perimeter, common areas and other areas of supplemental plantings.
(a)
Where individual lots or parcels are to be developed and approved at a later date, landscaping guidelines or covenants shall be approved for such lots or parcels as part of the landscaping plan for the entire district.
(b)
Perimeter screening required by the development standards for the district or in sensitive areas as imposed by the Planning Commission or County Council shall be shown on the landscaping plan for the entire district.
(8)
A development schedule for the PDD indicating:
(a)
The approximate date when construction of the project is expected to begin.
(b)
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
(c)
The anticipated rate of development.
(d)
The approximate dates when each stage in the development will be completed.
(e)
The area, location and degree of development of common open space that will be provided at each stage.
(9)
A preliminary construction improvements plan approved by the Director of Public Works.
(10)
The application for a preliminary development plan shall also contain a written statement generally describing the proposal, including enough information on the area surrounding the proposed development to show the relationship of the planned development to adjacent uses, both existing and permissible. The written statement shall also include:
(a)
An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the specific regulations pertaining to the type of development proposed.
(b)
A statement of proposed financing of the project and the required public improvements necessary to serve the project.
(c)
A statement of ownership of all land within the proposed development at the time of submission.
(11)
Statement of responsibility. The applicant shall submit a written statement agreeing to enter into a legal agreement with the county to develop the PDD as approved by the County Council. In the event the PDD or any portion thereof is not developed solely by the applicant, a new statement outlining the responsibility of each party involved in development of the PDD or any portion thereof shall be submitted to the Planning Commission for review and recommendation to the County Council for approval.
(12)
If the Planning Commission or County Council finds that the development may create special problems of traffic, parking, or economic feasibility, the following plans may be required:
(a)
An off-street parking and unloading plan.
(b)
A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the development, as well as to and from thoroughfares.
(c)
A plan showing any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern.
(d)
An economic feasibility report or market study.
I.
Approval of preliminary development plan.
(1)
The Planning Director shall refer the recommendations of the Planning Commission to the County Council, and the Council shall schedule a public hearing, give notice and provide an opportunity for all interested parties to be heard.
(2)
In approving a change in the zoning classification for a PDD, the County Council, as a part of its official action, and the Planning Commission, as a part of its review, shall:
(a)
Determine its compliance with the intent of the PDDs proposed.
(b)
Determine if the PDD meets the stated purposes of the district being proposed.
(c)
Make findings of fact, which, as a minimum, shall include:
[1]
Population change.
[2]
Availability of public facilities.
[3]
Present and future transportation patterns.
[4]
Compatibility with existing and proposed development for the area.
[5]
The County Council shall consider the recommendation of the Planning Commission.
[6]
The relationship of such proposed amendment to the jurisdiction's comprehensive plan.
(3)
After considering all plans and evidence presented, the County Council shall then approve, disapprove or reapprove the establishment of the PDD as shown on the preliminary development plan and may designate the plan or plans to be recorded in the land records of Wicomico County.
(4)
Once the preliminary development plan has been approved, the district shall be designated on the Official Zoning Map.
(5)
The Council may establish additional development controls by separate ordinance or require said controls to be established as a part of the final development plan approval.
(6)
An applicant may submit an amendment to an approved preliminary development plan which shall be considered in the same manner as the original application.
J.
Final development plan.
(1)
Once a preliminary development plan has been submitted and approved by the County Council, a final development plan may be submitted to the Planning Commission in stages.
(2)
Within 12 months following approval of the preliminary development plan by the County Council, the applicant shall file a final development plan with the Planning Director containing, in final format, the information required in the preliminary development plan. In its discretion, for good cause, including the phasing of development, the Planning Commission may extend the period for filing of the final development plan.
(3)
An application for a final development plan for the entire district or a phase of the district shall include three copies of the following, with all final plans drawn to scale on sheets 24 by 36 inches in size:
(a)
A final comprehensive site plan showing the details of the PDD as approved by the County Council during the establishment of the district, which shall include all information required on the site plan as a part of the preliminary development plan approval. Any phases submitted for final approval shall be clearly identified on the site plan.
(b)
The development standards plan approved by the County Council at the time the district was established with any phase submitted for final approval clearly defined thereon.
(c)
A final subdivision plat for the entire PDD or phase thereof in accordance with the county's subdivision regulations and all approved development standards and other requirements for the district.
(d)
A landscaping plan for the entire district or any phase thereof in accordance with the provisions of this chapter, showing all natural areas to be retained, the location and type of species of plantings, as well as areas to be sown with grass, including perimeter landscaping, common area landscaping and any other area of supplemental plantings.
(e)
A final copy of any proposed homeowners' association document or a final copy of any other legal instrument required by the Planning Commission or County Council for the management or control of facilities within the PDD or any legal agreements thereto.
(f)
Any other information which may have been required by the Planning Commission or County Council during the approval of the establishment of the district.
(4)
The final development plan shall be conditioned upon approval of a final subdivision plat for the entire district in accordance with the requirements of the county's subdivision regulations and any requirements established by the Planning Commission or County Council during the approval of the preliminary development plan.
(5)
An applicant may submit an application for amendment of the final development plan which shall be considered in the same manner as an original application.
(6)
No building permit shall be issued until a final subdivision plat has been approved and recorded with any required covenants where applicable for either the entire district or any section or phase thereof.
(7)
A final construction improvements plan approved by the Director of Public Works.
K.
Control of development during construction, after final plan approval or after completion. The final development plan shall continue to control the planned development during construction and after it is completed. The following shall apply:
(1)
After the building permit has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned development, where approved as part of the plan, shall be governed by the approved final development plan.
(2)
No change shall be made in the development contrary to the approved final development plan without approval of an amendment to the plan, except that minor modifications of approved buildings or structures or minor lot line adjustments may be authorized by the Planning Commission if they are consistent with the purposes and intent of the final plan and do not increase the number of units or structures or change other specific development standards approved by the County Council as a part of the preliminary development plan.
(3)
An amendment to a completed development may be approved if it is required for the continued success of the development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by related land use regulations.
(4)
No modification or amendment to a completed development is to be considered as a waiver of the original covenants limiting the use of the land, buildings, structures and improvements within the area of the development, and all rights to enforce these covenants against any change are expressly reserved unless approved by the County Council.