Wicomico County Unincorporated
City Zoning Code
City Zoning Code
PART 7
Density and Dimensional Regulations
§ 225-68 Residential density.
A.
Every lot created after the effective date of this chapter shall have the minimum number of square feet of land area as required by the Schedule of District Regulations (§ 225-74) or by the Wicomico County Health Department, whichever is greater.
B.
The maximum single-family residential density permitted on a tract of land shall be as set forth in the Schedule of Maximum Permitted Residential Densities (§ 225-75). In determining the number of dwelling units permitted on a tract of land, fractions shall be rounded to the nearest whole number.
§ 225-69 Minimum lot widths and frontage.
A.
The Schedule of District Regulations (§ 225-74) indicates minimum lot widths and depths that are required.
B.
All lots on a cul-de-sac street shall have frontage on the turnaround of not less than 25 feet.
C.
Frontages less than required above, as may be approved by the Planning Commission, shall be shown on a subdivision plat to be recorded in the land records of Wicomico County.
§ 225-70 Setback requirements.
[Amended 1-9-2025 by Bill No. 2024-13]
A.
No portion of any building may be located on any lot closer to any lot or property line than is authorized in the table set forth in § 225-74.
(1)
Where the wall of a building is not parallel with the lot line or is broken or otherwise irregular, the average depth of the setback requirements shall not be less than the otherwise required setback requirements; provided however, that such wall shall at no point be less than five feet from the lot line.
(2)
Ordinary windowsills, chimneys, cornices, decorative features and fixed window air-conditioner units may extend not more than two feet into any setback required.
(3)
An outside stairway, access ramp or open lattice-enclosed fire escape and balcony may project into a required side or rear setback.
B.
Setback requirements shall be measured:
(1)
For buildings: from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.)
(2)
For other structures: from the most vertical portion of the structure's periphery at ground level.
(3)
If the lot or property line is not readily determinable (by reference to a recorded map, set irons, or other means), the setback requirement shall be measured from the boundary line of any abutting right-of-way. If the boundary line of the right-of-way is not readily determinable, the setback requirement shall be measured from the center line of the right-of-way and half the width of the right-of-way shall be added to the minimum setback requirement.
(4)
Lots without public road frontage.
(a)
Front, side and rear setback requirements shall be as required by the zoning district in which the lot is located.
(b)
The front setback requirement shall be measured from where the accessway abuts the section of the lot on which the main building is or is to be located or from the center line of such accessway, whichever may apply, as determined by the Zoning Administrator.
C.
Front setback requirements.
(1)
The depth of any front setback required in any district may be increased or decreased so that the front yard will approximate the average depth of existing front yards of existing structures on adjoining lots on each side or, if there are no adjoining structures, the front yard shall approximate the average depth of the front yards of the nearest structures on the same side of the street within 500 feet on both sides of the proposed structure.
(2)
On lots having multiple frontages, the front setback required shall be provided on all streets.
(3)
An open unenclosed porch, paved terrace, or handicap access ramp may project into a required front yard for a distance of not more than 10 feet or within five feet of the front lot line, whichever is more restrictive. This shall not be interpreted to include or permit fixed canopies.
D.
The setbacks shown on all existing plats of record shall take precedence, except that any variance granted by the Board of Appeals shall be related solely to the public setback requirements.
E.
Any lot line abutting the right-of-way of any nonaccess highway for the full length of the lot line shall be considered either a side or rear yard as may apply.
F.
Accessory buildings and structures.
(1)
All accessory buildings and structures shall be contained within the setback requirements as established for the front, rear and side setback requirement provisions of the principal building within each district, except as enumerated below or as specifically required in this article:
(a)
Residential districts. No accessory building to a residential use in any residential district, A-1 Agriculture-Rural District, V-C Village Conservation District, or TT Town Transition District shall be constructed closer than five feet to any rear or side property lines.
(b)
Subdivisions created after April 1, 1968. No accessory buildings or structures shall be constructed within front or side setback requirements abutting a street, as established for the principal building within the district.
(c)
Subdivisions created prior to April 1, 1968. For corner lots, there shall be one front yard setback as required for the district in which the lot is located and 15 feet on all other side yards adjacent to a street for accessory buildings or structures.
[1]
The shorter street line of a lot abutting more than one street shall be deemed the front, regardless of the location of the entrance of the principal dwelling on the lot.
[2]
Where the length of two or more lot lines abutting a street are equal, the front setback shall be as determined by the Zoning Administrator.
(2)
Unless otherwise exempted by definition or the specific requirements of this chapter, the following setback provisions shall apply to the following accessory structures:
(a)
Recreation structures, including swimming pools, tennis courts, skateboard ramps, handball courts and other such similar facilities, including a concrete apron for an inground swimming pool shall be five feet from any side or rear property line.
(b)
Decorative accessory buildings or structures. Any decorative accessory buildings or structures, including wishing wells, pump houses, gazebos, freestanding porches and other similar structures, shall be no closer than five feet to any side or rear lot line.
(c)
Fencing in all resource conservation and residential districts may be installed but shall be no higher than eight feet and may be placed at the rear or side property line and set back five feet from the front property line or reservation/easement area, whichever is greater.
§ 225-71 Building limitations.
A.
For purposes of this section:
(1)
The height of a building is the vertical distance measured from the average elevation of the proposed or existing finished grade to the highest point of the roof for flat roofs, to the deck of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Notwithstanding the foregoing:
(a)
The height of a wall or structure, other than a building, is the vertical distance from the highest point of a structure to the average ground level of the grade where the walls or other structural elements intersect the ground.
(b)
Special height computations apply for signs and telecommunications towers.
(2)
Where a lot abuts on two or more streets or alleys, of different average established grades in front of the lot, the higher of such grades shall control.
B.
Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as indicated in § 225-74 (Schedule of District Regulations).
C.
Notwithstanding other regulations in this Part 7 or the maximum specified for the respective district, the height limits of this Zoning Chapter shall not apply to the following:
(1)
Belfries, steeples, silos, conveyors, cupolas, derricks, domes, gas holders, fire escapes, fire towers, flagpoles, flues, minarets, monuments, observation towers, parapet walls, smokestacks, rooftop heating and cooling equipment, television antennas, farm buildings and structures, chimneys, storage tanks, bulk storage structures or tanks, water towers and poles.
(2)
Bulkheads, cooling towers, elevator enclosure, monitors, penthouses, skylights, state towers and water tanks occupying less than 25% of the area of the roof of the building on which they are situated.
D.
Television antennas are allowed in all zoning districts.
E.
Visibility at intersections. On a corner lot in any zoning district, nothing shall be constructed, erected, placed or allowed to grow in such a manner as to obstruct vision between a height of 2 1/2 feet and eight feet in height above the center line grades of the intersecting streets in the triangular area formed by extending the street lines of such corner lots to a point of intersection, then measuring back from this point of intersection along each street a distance of 25 feet to a point then connecting these two points with a base line to form an isosceles triangle.
§ 225-72 Density on lots where portion dedicated to the county.
A.
Subject to the other provisions of this section, when the remainder of a tract is developed for residential purposes, the permitted density at which the remainder may be developed shall be calculated in accordance with the provisions of this section if:
(1)
Any portion of a tract lies within an area designated on any officially adopted county plan as part of a proposed public park, greenway, or bikeway; and
(2)
The owner of the tract, before the tract is developed, with the concurrence of the county, dedicates that portion of the tract so designated.
B.
If the proposed use of the remainder is a single-family detached residential subdivision, then the minimum lot size and minimum setbacks in such subdivision may be reduced, as determined appropriate by the Planning Commission, to permit the development at the density calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.
C.
If the proposed use of the remainder is a two-family or multifamily project, then the permitted density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.
D.
If the portion of the tract that remains after dedication as provided in Subsection A, is divided in such a way that the resultant parcels are intended for further subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the density bonus provided for in Subsections B and C.
§ 225-73 Lighting requirements.
A.
Purpose. The purpose of this section is to regulate the spill over of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. With respect to motor vehicles in particular, safety considerations are the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated. This section is not intended to apply to public streetlighting.
B.
General requirements.
(1)
All entrances and exits in buildings used for nonresidential purposes and in two-family or multifamily residential developments shall be adequately lighted to ensure the safety of persons and the security of the buildings.
(2)
Lighting within any lot that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting shall be designed so as not to glare onto surrounding properties.
(3)
Site lighting shall be of low intensity from a concealed source and shall not spill over into adjoining properties, buffers, roadways, or in any way interfere with the vision of oncoming motorists.
(4)
No flickering or flashing lights shall be permitted.
(5)
Light sources or luminaires shall be located so as to illuminate only pedestrian walkways and signage.
C.
Exterior lighting plan. An exterior lighting plan that demonstrates compliance with the requirements of this section and any other applicable lighting standards shall accompany any application for site or development plan approval.
D.
District regulations.
(1)
C-1 Select Commercial District. Lighting not attached to a building shall be no higher than 25 feet with cut-off fixtures.
(2)
C-2 General Commercial District. Lighting not attached to a building shall be no higher than 35 feet with cut-off fixtures.
(3)
LB-2 Light Business and Residential District. Lighting fixtures or poles shall not exceed 20 feet in height and shall have cut-off fixtures when not attached to a building.
§ 225-74 Schedule of District Regulations. [1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 225-75 Schedule of Maximum Permitted Residential Densities.
Schedule of Maximum Permitted Residential Densities1 | |||
|---|---|---|---|
Resource Conservation or Residential District/Development Alternative | Minimum Lot Area Per Dwelling Unit | Minimum Lot Area Per Dwelling Unit with Maximum TDRs2 | |
A-1 Agriculture-Rural | |||
Conventional | 15 acres | --- | |
Noncontiguous cluster3 | 3 acres | --- | |
A-1 cluster | 3 acres | --- | |
V-C Village Conservation | |||
Conventional | 5 acres | 3 acres | |
PVCD | 30,000 square feet | --- | |
R-8 Residential | |||
Conventional | 8,000 square feet | --- | |
Residential cluster | 8,000 square feet | 7,200 square feet | |
PUD | 6,000 square feet | 5,500 square feet | |
R-15 Residential | |||
Conventional | 15,000 square feet | --- | |
Residential cluster | 15,000 square feet | --- | |
PUD | 10,000 square feet | 6,000 square feet | |
R-20 Residential | |||
Conventional | 20,000 square feet | --- | |
Residential cluster | 20,000 square feet | --- | |
PUD | 10,000 square feet | 7,000 square feet | |
R-30 Residential | |||
Conventional | 30,000 square feet | --- | |
Residential cluster | 30,000 square feet | --- | |
REC | |||
Conventional | 20,000 square feet | --- | |
TT - Town Transitional | |||
Conventional | 20,000 square feet | --- | |
Residential cluster | 20,000 square feet | --- | |
PUD | 10,000 square feet | --- | |
NOTES: |
|---|
1The minimum lot area per dwelling unit listed in this table is for the purpose of computing the maximum number of detached single-family dwelling units that may be permitted on-site. Minimum lot sizes are as established in § 225-74. Maximum permitted residential densities for other types of dwellings units can be determined from the minimum lot size listed in § 225-74, or in some cases by reviewing Part 8, Special Standards for Particular Uses. |
2See § 225-58 for additional information. |
3See § 225-52 for additional information. |