Wicomico County Unincorporated
City Zoning Code
City Zoning Code
PART 6
Accessory and Principal Uses
§ 225-59 Accessory uses and structures.
A.
Uses permitted. Except as otherwise restricted by this chapter, customary accessory structures and uses shall be permitted in any district and development in connection with the principal permitted use within such district and shall be subject to the requirements within this section.
B.
It is recognized that a permitted [P] use as identified on the Table of Permitted Uses[1] may sometimes constitute an accessory use to another principal use. The Zoning Administrator shall make the determination of which use(s) constitute a principal use and which use(s) constitute an accessory use on a lot.
[1]
Editor's Note: See § 225-67.
C.
General requirements.
(1)
Unless otherwise provided herein, no accessory structure or building, other than a fence, shall be located in any required front or side setback requirements or within any easement.
(2)
When an accessory use or structure is attached to a principal use or structure, it then becomes a part of that use or structure and must comply with the setback requirements for the principal structure.
(3)
An accessory use or structure may not occupy more than 35% of the area of a rear yard.
(4)
A utility trailer or truck body shall not be permitted as an accessory structure.
(5)
A manufactured home, shipping or storage boxes, or travel trailer shall not be used as a storage structure.
(6)
No accessory use or structure shall be permitted unless the principal use or structure is previously existing or unless a building permit has been approved for the principal use or structure.
(7)
Use of a motor vehicle parked on a lot, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted shall not be considered a principal or accessory use.
D.
Supplemental district requirements.
(1)
In residential districts, accessory residential uses and structures shall include but not be limited to:
(a)
Private garages, detached home workshops, swimming pools, cabanas, private studios.
(b)
Greenhouses not larger than 500 square feet.
(c)
Boathouses, piers and wharfs set back 25 feet from all adjoining lot lines.
(2)
In a C-2, I-1 and I-2 District, accessory uses and structures are permitted as follows:
(a)
A single-family dwelling unit consisting of a single- or double-wide manufactured home (in no event to include a separate permanent residential dwelling) for the use of a resident watchman or caretaker employed on the premises of any principal use listed herein, except that a fully mobile residence or travel trailer is limited to businesses or uses with outside storage of inventory.
(b)
Retail sales may be permitted as an accessory use for products produced or distributed by principal uses, provided that additional parking is provided for the amount of space devoted to retail sales as required by Part 10.
(3)
In the LB-2 District accessory uses, incidental to and associated with a permitted or special exception use may be permitted as follows:
(a)
All accessory uses or structures, including but not limited to private garages; detached home workshops; swimming pools; cabanas; greenhouses not larger than 500 square feet.
(b)
All accessory uses or structures, including private studios, are set back 25 feet from any adjacent lot line.
§ 225-60 Accessory apartments.
A.
An accessory apartment may be permitted, provided that there shall be no more than one accessory apartment permitted per lot and provided such accessory apartment shall comply with the following standards.
B.
Applicability. An accessory apartment may be permitted as a special exception:
(1)
On the same lot as a detached single-family dwelling unit or two-family dwelling.
(2)
An accessory apartment is prohibited on a site with a Type II and III home-based business.
C.
Design standards.
(1)
Purpose. Standards for creating accessory apartments address the following purposes:
(a)
Ensure that accessory apartments are compatible with the desired character and livability of Wicomico County's residential districts;
(b)
Respect the general building scale and placement of structures to allow sharing of common space on the lot, such as driveways and yards; and
(c)
Ensure that accessory apartments are smaller in size than the principal dwelling.
(2)
Generally. The design standards for accessory apartments are stated in this section. If not addressed in this section, the base district development standards apply.
(3)
Exterior finish materials. The exterior finish material must be the same or visually match, in type, size, and placement, the exterior finish materials of the principal dwelling.
(4)
Roof pitch. The roof pitch must be compatible with the predominant roof pitch of the principal dwelling.
(5)
Trim. Trim on the edges of elements on the addition must be the same in type, size and location as the trim used on the rest of the principal dwelling.
(6)
Windows. Windows must match those in the principal dwelling in proportion (relationship of width to height) and orientation (horizontal or vertical).
(7)
Eaves. Eaves must project from the building walls the same distance as the eaves on the rest of the principal dwelling.
(8)
Maximum size. The size of an accessory apartment may be no more than 50% of the living area of the detached principal dwelling.
D.
Attached accessory apartment development standards. All attached accessory apartments should meet the following:
(1)
An accessory apartment may only be created through the following methods:
(a)
Converting existing living area, attic, basement or attached garage;
(b)
Adding floor area;
(c)
Construction of new principal dwelling with an internal accessory apartment or a new attached dwelling to an existing principal dwelling unit.
(2)
Location of entrances. Only one entrance may be located on the facade of the principal dwelling facing the street, unless the dwelling or attached dwelling contained additional entrances before the accessory dwelling unit was created. An exception to this requirement is entrances that do not access from the ground, such as entrances from balconies or decks.
(3)
Parking. See Part 10.
E.
Detached accessory apartment development standards. Detached accessory apartments must meet the following:
(1)
Setback requirements. An accessory apartment must be set back at least:
(a)
Sixty feet from the front lot line, or 85 feet from center of road whichever is greater; or
(b)
Behind the single-family dwelling or two-family dwelling: six feet.
(c)
The same side and rear setback requirements as would apply in the applicable district for the dwelling or building to which the accessory apartment is associated shall apply for the accessory apartment as well.
(2)
Bulk limitations.
(a)
The detached accessory apartment may not have a larger footprint than the footprint of the principal dwelling; and
(b)
The combined footprint of all detached accessory structures may not exceed 25% of the total site area.
§ 225-61 Animals in residential districts.
It is the intent of this section to minimize problems which may arise from animal uses in residential districts and to provide suitable standards for protection of health, safety, or welfare of residents and preservation of those districts from indiscriminate raising of animals.
A.
Animal uses in residential districts permitted:
(1)
Livestock. Horses, cows, ponies, donkeys, burros and other domestic animals may be kept, raised or bred for the use and enjoyment of persons residing on the lot involved, provided that only one such animal shall be permitted for each 15,000 square feet of land area.
(2)
Domestic pets. Cats, dogs, rabbits or other generally recognized domestic pets may be kept or bred by persons residing on the lot for their use and enjoyment.
(3)
Fowl. Ducks, quail, turkeys, squabs or pigeons may be raised for the use of persons residing on the lot involved.
(4)
Animals, without qualification as to type or number, may be kept, raised, bred and sold on any bona fide farm as defined in this chapter.
(5)
These permitted use provisions for animals in residential districts are meant to apply only outside of the dwelling on an individual lot and are not intended to restrict the type or number of animals within a dwelling.
B.
Uses prohibited: The keeping, raising or breeding of any animals or fowl for sale as a business or commercial activity is expressly prohibited under all circumstances.
C.
Animal quarters. All enclosures shall be contained entirely within the rear yard of a lot and shall be so constructed as to provide maximum protection against noise and odor to adjacent property.
D.
Setback requirements. Animal enclosures shall be located not less than five feet from an abutting rear property line or 10 feet from an abutting side property line.
§ 225-62 Outside storage.
Unless otherwise permitted or required by this chapter:
A.
Building materials or supplies, and stockpiles of sand, gravel, stone or other materials, either in a natural or altered state, shall be set back 25 feet from all property lines.
B.
Outside storage for sales of equipment; machinery; consignment sales; boats; mobile, modular or manufactured homes; utility trailer and any other such items, excluding those parked in a parking lot, as required by this chapter, shall be set back:
(1)
Ten feet from all side and rear property lines; and
(2)
Twenty-five feet from any property line abutting any public accessway, including any nonaccess highway.
C.
District requirements.
(1)
C-1 Select Commercial and LB-2 Light Business and Residential District. The outside storage of materials and open lot display of any kind shall not be permitted.
(2)
C-2 General Commercial and C-3 Regional Commercial Districts. The unenclosed outside storage of used equipment, materials, tires or inoperable vehicles shall be prohibited. All storage areas shall be screened from view. Such prohibition shall not apply to the outdoor display of merchandise.
D.
See § 225-146 for landscaping of outside storage requirements.
E.
Open top storage structure.
[Added 10-4-2022 by Bill No. 2022-10]
(1)
Definitions.
DAF RESIDUALS
Organic by-product material created at an animal processing facility or rendering facility, including material collected by means of a dissolved air flotation process.
LIQUID ORGANIC SOIL AMENDMENT
A State of Maryland approved liquid organic soil amendment produced from poultry or animal processing or rendering process, including DAF residuals via a dissolved air flotation process.
OPEN TOP STORAGE STRUCTURE
An open or partially open structure, whether above ground, partially above or below ground level or a lagoon type structure, used for the storage of an agricultural product, by-product, soil amendment and/or DAF residuals.
(2)
Open top structure storage of a liquid organic soil amendment and/or DAF residuals as defined above is prohibited in all zoning districts, except as provided in Subsection E(3) below. This prohibition is prospective.
(3)
The prohibition stated herein shall not prohibit storage at the processing location where legally created, nor a farmer or farming business from temporarily storing liquid organic soil amendment and/or DAF residuals in a mobile, closed container for a period of not more than 45 consecutive days during the application process, provided that the land on which it is stored is in the Wicomico County Agricultural-Rural A-1 Zoning District and that the stored material is applied to the same land on which it is stored.
§ 225-63 Gasoline pump island and canopies
A.
Gasoline pumps shall be located in accordance with the following setback requirements:
(1)
Resource conservation and residential districts: 30 feet from all property lines.
(2)
C-3 Regional Commercial Districts: 50 feet from all property lines.
(3)
Other commercial districts and light business and industrial districts: 20 feet from the right-of-way or 15 feet from the back of the sidewalk.
B.
Canopies over gasoline pumps shall adhere to the following standards in the corresponding districts:
(1)
Resource conservation and residential districts: 20 feet from all property lines.
(2)
C-3 Regional Commercial Districts: 40 feet from all property lines.
(3)
Other commercial districts: 10 feet from the right-of-way.
(4)
Light business and industrial districts: 10 feet from the right-of-way.
§ 225-64 More than one principal use on a lot.
A.
Every use hereafter erected, reconstructed, converted, moved or substantially altered shall be located on a lot of record, and in no case shall there be more than one principal structure on a lot unless as provided in Subsection B below.
B.
More than one principal use may be located upon a lot in the following instances, subject to the lot, yard and density requirements and other provisions in this chapter:
(1)
Institutional buildings.
(2)
Public or semipublic facilities.
(3)
Commercial or industrial buildings.
(4)
Wireless telecommunications facilities and antennas.
(5)
Farms/agricultural activities.
(6)
Recreational facility.
C.
More than one principal structure or use may be located upon a lot if not specifically listed in Subsection B above, if such use is permitted by special exception.
D.
Where any land, building or structure is used for more than one purpose, other applicable design and development provisions of this chapter may also be modified by special exception.
§ 225-65 Outside storage.
[Added 10-4-2022 by Bill No. 2022-10]
A.
Open top storage structure.
(1)
Definitions. As used in this section, the following terms shall have the meanings indicated:
DAF RESIDUALS
Organic by-product material created at an animal processing facility or rendering facility, including material collected by means of a dissolved air flotation process.
LIQUID ORGANIC SOIL AMENDMENT
A State of Maryland approved liquid organic soil amendment produced from poultry or animal processing or rendering process, including DAF residuals via a dissolved air flotation process.
OPEN TOP STORAGE STRUCTURE
An open or partially open structure, whether above ground, partially above or below ground level or a lagoon-type structure, used for the storage of an agricultural product, by-product, soil amendment and/or DAF residuals.
(2)
Open top structure storage of a liquid organic soil amendment and/or DAF residuals is prohibited in all zoning districts, except as provided in Subsection A(3) below. This prohibition is prospective.
(3)
The prohibition stated herein shall not prohibit storage at the processing location where legally created, nor a farmer or farming business from temporarily storing liquid organic soil amendment and/or DAF residuals in a mobile, closed container for a period of not more than 45 consecutive days during the application process, provided that the land on which it is stored is in the Wicomico County Agricultural-Rural A-1 Zoning District and that the stored material is applied to the same land on which it is stored.
§ 225-67 Table of Permitted Uses - designations.
A.
General requirements.[1]
(1)
When no letter appears in the table, the use/structure is not permitted in that district.
(2)
The list of permitted uses set forth in the table is all inclusive. All uses that are not listed in the Table of Permitted Uses are prohibited, except as permitted in § 225-67B, Unclassified uses, below.
(3)
Whenever a proposed use could fall within more than one use classification in the Table of Permitted Uses, the Zoning Administrator shall interpret the proposed use to be included in that classification which most closely and most specifically describes the proposed use.
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
B.
Unclassified uses. In the event an applicant wishes to use property for a use which is not specifically identified as a use on the Table of Permitted Uses, the following provisions shall apply:
(1)
The Zoning Administrator shall submit to the Board of Appeals an application for a determination of the unclassified use.
(2)
The Board of Appeals shall review the request as submitted and determine whether the proposed use is compatible with the district in which it is proposed.
(3)
If the Board of Appeals determines that the use is of a similar character and meets the intent of the permitted uses within the district, then it shall instruct the Zoning Administrator to issue a zoning authorization.
(4)
In the event that the Board of Appeals determines that the proposed use in the district is consistent with the character and intent of the uses permitted by special exception within the district, then the applicant shall be authorized to apply for a special exception in the normal manner.
(5)
This section shall not apply to the residential districts.
(6)
Once a use has been allowed by the Board, it shall then be considered classified under the appropriate category in the district.
C.
The presumption established by this chapter is that all permitted uses of land in the county are provided for within at least one zoning district.
