Wicomico County Unincorporated
City Zoning Code
City Zoning Code
PART 8
Special Standards for Particular Uses
§ 225-76 Agriculture operation, farming.
§ 225-77 Airfield.
A.
An airspace analysis by the Maryland Aviation Administration (MAA) and Federal Aviation Administration (FAA) for operation under visual flight rules shall be submitted with the application for a special exception.
B.
Landing areas for rotary wing aircraft shall be designed to comply with the Airport Design Guide of the FAA and MAA.
C.
Each landing, takeoff and utility area used by self-powered aircraft is provided with a dustproof surface.
§ 225-78 Apartment buildings.
A.
Design standards and restrictions:
(1)
Apartment construction shall be according to a development plan, with adequate provisions for access and for adequate protection of the surrounding properties.
(2)
When an apartment project is constructed, then each building shall adhere to the setback requirements of the district.
(3)
External walk areas in apartment projects shall be lighted.
(4)
Within apartment projects, no apartment building shall be closer than 30 feet from any other apartment building.
(5)
Notwithstanding any other provisions of this chapter, apartment projects shall provide on-site open space areas equal to 25% of the total land area, excluding parking areas.
(6)
In the event that swimming facilities are designed as a part of the project, these facilities shall be enclosed by a fence not less than six feet high.
(8)
The above standards shall not apply to apartment buildings that are part of a planned unit development or planned village conservation development.
B.
Density: Apartment projects shall be limited to no more than 12 units per acre.
C.
Family daycare is a permitted accessory use to an apartment building, provided the applicant receives written consent from the owner of the apartment building.
§ 225-79 Assembly of finished products.
In the C-1 Select Commercial District, the manufacturing and assembly of a finished product may be permitted, provided all activities are conducted entirely within a building and retail sales of products made on site are a part of such activity.
§ 225-80 Bed-and-breakfast.
A.
The establishment shall be owner-occupied and -managed.
B.
Rooms located in a single-family dwelling shall not have individual exterior entrances.
C.
Such rooms may be offered to the traveling public for temporary occupancy not exceeding 30 days at any one visit.
D.
Only 10 rooms may be used for commercial guests.
E.
The breakfast meal shall be provided as a part of the room rental charge.
§ 225-81 Campgrounds and recreational vehicle parks.
A.
The maximum density does not exceed 20 campsites per acre.
B.
A minimum of 30% of the total camp area shall be reserved for open space. Open space areas shall not include areas required for individual campsites, roads, or service areas.
C.
Garbage and trash collection stations shall be provided in such numbers and at such locations so as to provide for the convenient and sanitary storage and collection of garbage and trash.
D.
Each park shall provide such fire protection equipment as may be required by the county or State Fire Marshal.
E.
Interior roadway standards shall be as recommended by the Department of Public Works.
F.
In addition to meeting the landscape standards of Part 11, all campgrounds shall be surrounded by a buffer/screening approved by the Board of Appeals. Existing natural vegetation, if appropriate, may be utilized to satisfy this requirement.
G.
Each site shall contain a stabilized parking pad of suitable material. Exposed ground surfaces in all parts of the campground shall be protected with a surface that is capable of preventing soil erosion or of suppressing dust.
H.
All campgrounds, including all facilities, roadways, and landscaping thereon, shall be maintained in a neat, orderly and attractive appearance.
I.
The Board of Appeals may permit grocery and supply stores and laundry establishments to serve the users of the campground. Such establishments shall be shown on the approved site diagram.
J.
The Board of Appeals may permit areas for storage of recreational vehicles owned by campground users. Such storage facilities shall not be used as storage lots for display of recreational vehicles for sale.
§ 225-82 Daycare.
A.
In a R-20 Residential District, day-care centers may be allowed by special exception, provided:
(1)
All buildings and play areas shall be set back a minimum of 50 feet from all property lines.
(2)
Such use is located on a lot of a minimum of five acres.
(3)
Landscaping, fencing or other buffers shall be provided for the play area to minimize any negative impacts caused by the use on surrounding properties.
B.
In a R-30 Residential District a family day-care is permitted on a lot of a minimum of one acre.
§ 225-82.1 Cannabis businesses.
[Added 11-21-2023 by Bill No. 2023-16; amended 8-6-2024 by Bill No. 2024-07]
A.
A cannabis business may not locate within:
(1)
500 feet of a preexisting primary or secondary school in the state;
(2)
500 feet of a preexisting licensed child-care center or registered family child-care home, playground, recreation center, library, place of assembly or public park;
(3)
2,640 feet of another cannabis business; or
(4)
100 feet of a preexisting residence.
B.
A cannabis on-site consumption establishment is prohibited within Wicomico County.
C.
A cannabis business not enumerated as a permitted use in § 225-67 is prohibited within Wicomico County. A licensed grower cultivating cannabis, exclusively outdoors and in an area zoned only for agricultural use, shall comport with state law and the separation requirements set forth in Subsection A.
§ 225-83 Cemeteries and family burial grounds.
A.
Cemeteries, not affiliated with places of religious assembly, in the A-1 Agriculture-Rural District minimum lot area: 10 acres.
B.
Family burial grounds shall be subject to the following standards:
(2)
Minimum lot acreage: two acres.
(3)
No family burial grounds shall be permitted on a lot located in a major subdivision of four or more lots.
(4)
The applicant shall provide documentation, acceptable to the County Attorney, of a bond, trust or other legal instrument for providing perpetual care for the cemetery.
§ 225-84 Crematorium.
Crematoriums require:
§ 225-85 Dwelling - emergency housing.
A.
The use of a dwelling for emergency housing shall be limited to one year unless good cause is shown to extend such time.
B.
The dwelling shall be located on the same or an abutting lot as a dwelling made uninhabitable by fire, flood, or other natural disaster and is occupied by the persons displaced by such disaster.
§ 225-86 Dwelling - hardship housing.
A.
Hardship housing is permitted only when a medical hardship exists involving a member of the immediate family. For purposes of this provision, "immediate family" shall only include a child, grandchild, parent or grandparent, stepchild or stepparent.
C.
The use of hardship housing shall be limited to one year, which may be extended for additional periods upon confirmation of the continuation of the medical hardship by the Department, subject to review by the Board of Appeals.
§ 225-87 Dwelling - manufactured home - double-wide.
A.
Double-wide manufactured homes may be permitted, provided the home meets the following standards:
(1)
Length: 40 feet;
(2)
Width: 24 feet;
(4)
The exterior siding consists of wood, hardboard, vinyl lap siding or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
(5)
Manufactured homes shall be placed on a permanent foundation; securely anchored and provided with skirting of a suitable material; and
(6)
The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
B.
The standards contained in this section shall not apply to manufactured home parks, or tenant houses, or emergency housing.
C.
These standards may be modified by special exception by the Board of Appeals.
§ 225-88 Dwelling - manufactured home - single-wide.
A.
A single-wide manufactured home may be allowed by special exception in accordance with the Table of Permitted Uses[1] on an individual lot, provided that the following standards are met:
(2)
Lot area: minimum two acres;
(4)
The exterior siding consists of wood, hardboard, vinyl lap siding or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
(5)
Manufactured homes placed on individual lots shall have a continuous masonry enclosure, unpierced except for required ventilation and access, and be permanently affixed to a pier foundation; and
(6)
The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
B.
The standards contained in this section shall not apply to manufactured home parks, or tenant houses, or emergency housing.
§ 225-89 Dwelling - tenant house.
A.
A tenant house intended to house farm labor shall be either a single-wide or double-wide manufactured home and shall be on the same parcel as the primary use.
B.
One tenant house may be erected per every contiguous 25 acres under single ownership without subdivision.
C.
Any additional tenant houses may be permitted by special exception from the Board of Appeals.
§ 225-90 Dwelling - townhouse.
A.
The following regulations shall apply to any townhouse development approved by the Planning Commission:
(1)
Area requirements:
(a)
Lot area: Every townhouse development shall be located on a contiguous tract of land containing at least 20,000 square feet.
(c)
Open space: Not less than 50% of the lot area shall be devoted to open space; provided, however, that interior patio courts of not less than 125 square feet in area nor of a minimum dimension of less than 10 feet may be computed as open space.
(2)
There shall be not more than 10 townhouses in any one building.
B.
The townhouse development shall be of varying design to avoid the monotony of development of rows of similarly designed attached dwellings commonly called “row houses.”
C.
This section shall not apply to townhouses that are part of a planned unit development or planned village conservation development.
§ 225-91 Farm-related business.
A.
Farm-related businesses shall not include the following types of uses: slaughterhouses or wood treatment facilities.
B.
The minimum lot size for a farm-related business shall be proportional to the specific use. Any lane serving the farm-related business and a home and/or farm contained on the same lot shall not be included as lot area devoted to the farm-related business.
C.
No more than 50% of the area devoted to a farm-related business shall be covered by buildings, parking lots, or any other impervious surface.
D.
Farm-related businesses may be conducted in a building or buildings comprising up to 15,000 square feet, which may be by increased by special exception by the Board of Appeals.
E.
Setback requirements.
(1)
Any new structures proposed to house farm-related businesses shall be typical of existing farm buildings, if any, and located within or adjacent to the area of existing farm buildings, or shall be located at least 200 feet from the closest street right-of-way.
(2)
No farm-related business shall be located within 80 feet of any adjacent side or rear yard line.
F.
The length of access drive shall be sufficient to accommodate stacking of delivery and customer vehicles.
I.
Applicants shall submit a site diagram and description of the proposed farm-related business to the Board of Appeals to determine whether or not additional conditions may be required to minimize impacts on agricultural uses permitted in the district. Such information, at a minimum, shall include information concerning the proposed number of employees associated with the processing activity or farm-related business as well as a delineation of proposed location of any structures needed to support the activity, including parking and access areas.
§ 225-92 Farmers' markets.
§ 225-93 Feedlots.
For bulk regulations, see § 225-74, Schedule of District Regulations.
§ 225-94 Golf courses.
A.
Land area: 50 acres, including miniature golf courses as an accessory use.
B.
All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area.
E.
Screening shall also be provided abutting the pro shop/office and parking areas.
§ 225-95 Guest rooms.
A.
In the A-1 Agriculture-Rural District, the rental of guest rooms shall be limited to nine persons.
B.
In the R-8 Residential District, the rental of guest rooms:
C.
In the R-15 Residential District, the rental of guest rooms:
E.
In the LB-2 Light Business and Residential District, the rental of guest rooms:
G.
Parking: one on-site space for each guest room, provided that said space shall not be provided in the required front setback.
§ 225-96 Group homes/youth group homes.
§ 225-97 Home-based business.
A.
Determination of type. There are three types of home-based businesses. Uses are allowed as home-based businesses only if they comply with all of the applicable requirements of this chapter. Determination of whether or not a proposed home-based business is a Type I, Type II or Type III home-based business shall be made by the Zoning Administrator.
(1)
A Type I home-based business: No employees or customers come to the site.
(2)
A Type II home-based business: Not more than one person, other than those legally residing on the premises, may be employed in the home-based business.
(3)
A Type III home-based business: Not more than two persons, other than those legally residing on the premises, may be employed in the home-based business.
B.
Operational standards. Type I, II and III home-based businesses shall meet the following minimum operational standards:
(1)
No home-based business shall generate significantly greater traffic volumes or increased traffic hazards than would normally be expected in a residential district.
(2)
The home-based business must be clearly incidental and subordinate to the residential use and shall not exceed in area 25% of the gross floor space of the single-family dwelling.
(3)
The home-based business shall be conducted within the dwelling unit or accessory structure, and no outdoor advertisement, display or storage of materials, goods, supplies or equipment used in the home-based business shall be permitted on the premises.
(4)
The residential character of the single-family dwelling or accessory building and the lot shall not be altered to accommodate a home-based business, other than the minimum amount of parking as required by this Code.
(5)
The equipment used by the home-based business and the operation of the home-based business shall:
(a)
Not create any vibration, heat, glare, dust, odor, or smoke discernible at the property lines;
(b)
Not generate noise exceeding 60 decibels at the property line from 8:00 a.m. to 6:00 p.m.;
(c)
Not generate any noise discernible by the human ear at the property lines from 6:00 p.m. to 8:00 a.m.;
(d)
Not create electrical, magnetic or other interference off the premises;
(e)
Not consume utility quantities that negatively impact the delivery of those utilities to surrounding properties; or
(f)
Use or store hazardous materials in excess of the quantities permitted in a residential structure.
C.
Type I and Type II prohibited home-based businesses. Prohibited home-based businesses include, but are not necessarily limited to, the following:
(1)
Kennels, stables, veterinary hospitals, animal grooming.
(2)
Medical and dental clinics, hospitals.
(3)
Restaurants, clubs, drinking establishments for alcoholic beverages.
(4)
Motor vehicle/small engine repair, vehicle body work, and gasoline stations.
(5)
Undertaking and funeral parlors.
(6)
Bed-and-breakfast and country inn.
(7)
Retail sales of goods not made and/or prepared on the premises.
(8)
Adult uses.
(9)
Group homes.
(10)
Boarding and rooming houses.
(11)
Private educational institutions.
(12)
Gift shops, grocery stores.
(13)
Beauty shops, barbershops, nail salons.
(14)
Drugstores.
D.
Type I and II home-based business: In connection with a home-based business, there shall be no stock kept in trade or commodity to be sold upon the premises other than those made and/or prepared on said premises for sale.
E.
Type II and III home-based business.
(1)
A Type III home-based business may be, but is not limited to:
(2)
Operational standards for Type II and III home-based business. In addition to those operational standards listed in Subsection B above, Type II and III home-based businesses must meet the following standards:
§ 225-98 Hospitals.
Hospitals and other medical facilities, including mental health treatment facilities, may be permitted, provided:
§ 225-99 Kennels, commercial.
§ 225-100 Light industry.
A.
In a C-2 General Commercial District, the Board of Appeals may permit light industrial uses as a special exception, provided:
§ 225-101 Livestock market.
§ 225-102 Manufactured home parks.
The Planning Commission may approve a manufactured home park in compliance with the following provisions.
A.
The proposal must be planned, developed and improved for the placement of three or more manufactured homes.
B.
Review and approval.
(1)
Manufactured home parks shall require a development plan.
(2)
In order to provide the developer an opportunity to receive and discuss comments relating to the impact of a proposed manufactured home park on community facilities, population, traffic, etc., in the early development stages of a park, a site plan shall be required prior to submission of a development plan.
(3)
Where a park is to be developed in sections, a development schedule shall be required.
(a)
The schedule shall clearly show each stage of development and indicate the number of manufactured homes to be accommodated.
(b)
All landscaping, streets, paving, utilities and recreation areas required to serve each section shall be in place and inspected for compliance with all applicable regulations prior to occupancy of any manufactured home in the section.
(c)
If the park is to be developed as a whole, all improvements shall be in place and the park inspected for compliance with all applicable regulations prior to occupancy of any manufactured home.
C.
Minimum design standards and restrictions. Where, in the opinion of the Planning Commission, because of a condition peculiar to the site, such as a man-made or natural barrier, a provision is unreasonable or not necessary to fulfill the general intent of these standards, such provision may be waived, modified or an alternative permitted.
(3)
Where on-site private water and sewerage systems are proposed, additional land may be required. The amount of land and type of system to be provided shall be a determination of the Wicomico County Health Department and all other appropriate state agencies.
(4)
Park roads.
(a)
Direct access from a manufactured home site to a public road shall not be permitted.
(b)
All sites shall be designed to be served by internal park roads, providing for continuous forward motion and unobstructed access to a public road.
(c)
Internal roads shall be paved a minimum width of 20 feet with tar and chip, or comparable material, approved by the Director of Public Works.
(d)
The park roads shall provide direct connection between a public road and each manufactured home site.
(e)
Minimum width of a road shall be 20 feet.
(f)
A cul-de-sac not exceeding 1,200 feet in length may be formed by a paved turnaround with a minimum radius of 40 feet.
(5)
Manufactured home parks shall provide a minimum of 100 feet of frontage on a public road.
(6)
Each manufactured home shall be placed on its pad or site so that no part of said manufactured home shall be closer than:
(7)
At a minimum, on-site open space equal to 8% of the total area of the park shall be provided. Parking areas shall not be considered as open space.
(a)
Open space areas shall be of regular shape, centrally located, on dry ground and, if not initially developed as active recreation areas, shall be usable for future recreation purposes when necessary.
(b)
In large manufactured home parks, recreation areas may be decentralized to minimize walking distance for occupants.
(8)
Manufactured home parks shall be located on a well-drained site, properly graded to assure proper drainage and free from standing water.
(9)
Rules and regulations for the operation and maintenance of the park shall be required and shall include, but not be limited to:
(10)
Service buildings shall be for the sole use of occupants of the park, and services shall be limited to laundry, sanitary, postal, trailer supply facilities and on-site management offices.
(13)
The base of each manufactured home shall be enclosed with fire-resistant boxing or skirting material designed for such use.
D.
Commencement of construction, inspection and authorization to occupy park.
(1)
All required plans, rules and regulations shall be approved, dated and signed by the appropriate department or agency and one copy filed with the Building Inspector and one copy in the Department's office prior to issuance of any permit to commence construction of the park.
(2)
Inspection of park improvements shall be made by the Wicomico County Department of Public Works, Wicomico County Department of Planning, Zoning and Community Development and the Health Department, and each department shall certify in writing that such improvements are in place and in compliance with conditions of approval for the park, the requirement of this chapter and any other applicable county regulations and/or codes. The Wicomico County Department of Planning, Zoning and Community Development shall present such written certification prior to issuance of a license to operate a park.
[Amended 12-18-2012 by Bill No. 2012-13]
(3)
The park shall not be occupied until the County Executive has issued a license.
[Amended 10-17-2006 by Bill No. 2006-11]
§ 225-103 Marinas.
§ 225-103.1 Medical clinic.
[Added 1-9-2025 by Bill No. 2024-13]
A.
In the R-8 Residential District, a medical clinic is permitted, provided:
(1)
A development plan shall be required and approved by the Planning and Zoning Commission prior to the issuance of a building permit or zoning authorization for a medical clinic.
(2)
The required minimum lot size shall be 10 acres.
(3)
The total floor area of all structures shall not exceed 20,000 square feet.
(4)
All buildings and structures shall be set back at least 100 feet from all property lines.
(5)
A landscaped buffer of at least 25 feet in width shall be provided along all property lines. All landscaping elements shall be demonstrated on the development plan.
(6)
The location of exterior lighting fixtures with related standards shall be demonstrated on the development plan.
(7)
All sign elevations and locations shall be demonstrated on the development plan.
(8)
Comply with the parking standards and requirements as set forth in this chapter.
§ 225-104 Nursery, commercial.
Commercial nurseries, including greenhouses with on-premises sales may be permitted, provided:
A.
Tools and equipment shall not be displayed outdoors.
B.
Sale of products determined by the Board of Appeals to be accessory to this use shall be limited by the Board of Appeals to a specified area of the operation.
C.
Power equipment, such as gas or electric lawn mowers, and farm implements shall not be sold on premises.
D.
Greenhouses shall have a minimum setback of twice the height of the building, but in no case less than the setback requirements for the district in which it is located.
E.
Storage of all materials which produce odors or attract pests shall be effectively covered.
F.
Commercial greenhouse lot area: five acres.
§ 225-105 Places of religious assembly.
A.
Cemetery, accessory. Accessory cemeteries to a place of religious assembly shall meet the standards for cemeteries in § 225-83, Cemeteries and family burial grounds.
B.
In these districts, places of religious assembly shall have the following minimum lot area requirements:
C.
Accessory uses to places of religious assembly may also include: day-care centers, educational, administrative, social and recreational activities, provided that all buildings, including principal structures, are set back 50 feet from all lot lines.
§ 225-106 Poultry houses.
[Amended 9-6-2016 by Bill No. 2016-11]
A.
Except as otherwise restricted by this chapter, poultry may be kept, raised, or bred for the use of persons residing on the property, provided that any structural enclosure (not to include fencing) does not exceed 256 square feet, gross floor area. The structural enclosure shall be set back from a property line as prescribed in § 225-70.
B.
The following standards apply to all new poultry houses located within an Agricultural-Rural (A-1), Town Transition (TT), Village Conservation (VC), General Commercial (C-2), Regional Commercial (C-3), or Light Industrial (I-1) Zoning District.
(1)
Buffer. A landscaping plan shall be submitted to the County Zoning Administrator demonstrating a vegetative buffer for the visual screening of active portions of the poultry operation. This includes all related structures and appurtenances. A vegetative buffer would not be required if sufficient vegetation is in place on or adjacent to the site as determined by the Administrator. A vegetative buffer would not be required if the immediately adjacent property is subject to a recorded open space or agricultural easement. The vegetative buffer is to be established as follows:
(a)
A minimum of three staggered rows of plant materials with ten-foot center spacing shall be placed at a width of 10 feet to 20 feet between rows. The furthest row from the poultry operation must consist of evergreen trees.
(b)
Plant material is to be a minimum of at least one gallon stock, or approximately 18 inches when planted.
(c)
Buffers shall be installed in accordance with best management practices in order to ensure growth and plant material survival.
(d)
Warm season grasses are to be planted at each bank of tunnel exhaust fans, even those between houses. These should be planted within 20 feet of the fans, as practical. These grasses are to be quart size planted three feet apart, or plug size at two-foot spacing, and should have a mature height of at least five feet. When feasible, rows should extend at least 10 feet past the fans.
(e)
All required buffers shall be preserved and maintained so as to effectively provide visual screening. Dead or dying buffer materials shall be replaced with similar plant materials on a regular basis. Modifications to approved buffers may be made by the Zoning Administrator.
(2)
Setbacks.
(a)
There shall be a minimum four-hundred-foot setback from any residential dwelling not located on the same parcel or parcels under common ownership or lease, as well as any school, place of religious assembly, nursing home, day-care center, manufactured home park, subdivision of 10 or more homes, or an approved Health Department septic system location to serve any of the above.
(b)
There shall be a minimum two-hundred-foot setback from all property lines.
(d)
For the purposes of this subsection and Subsection C below, a dwelling as defined in this chapter is further defined as one used and/or generally maintained for residential occupancy, as determined by the Zoning Administrator.
(e)
For the purposes of this subsection, and Subsection C below, a poultry house proposal having been certified by the Director of Public Works as to the submission of a complete stormwater management application, shall not be bound by increased setback requirements otherwise resulting from a subsequent establishment of use(s) on an adjacent property.
(3)
Road access. New poultry house(s) that directly abut and gain access to a County road, shall have an accessway of sufficient design and construction, with a minimum opening width of 60 feet. An improvements construction plan would be furnished to the Director of Public Works before a final approval of the stormwater design/site plan submission. The Director of Public Works is to confirm that the plan specifications are reasonably sufficient to serve the complex proposed and to protect the public intersection. Required plan specifications include access width, intersection roundings, grading, stabilization, and sight distance.
C.
New poultry house construction located within the R-8, R-15, R-20 and R-30 Residential Zoning Districts may only be established by special exception granted by the Board of Appeals. Should the special exception be granted, the following restrictions shall apply in addition to those listed in Subsection B of this section.
(1)
Setbacks.
(a)
There shall be a minimum of five-hundred-foot setback for tunnel ventilation fan(s) facing away from any residential dwelling not located on the same parcel or parcels under common ownership or lease, as well as any school, place of religious assembly, nursing home, day-care center, manufactured home park, or an approved Health Department septic system location to serve any of the above.
(b)
There shall be a minimum of six-hundred-foot setback for tunnel ventilation fan(s) facing toward any residential dwelling not located on the same parcel or parcels under common ownership, as well as any school, places of religious assembly, nursing home, day-care center, manufactured home park, or an approved Health Department septic system location to serve any of the above.
D.
Modifications or waivers. Any of the above-stated requirements set forth in Subsections B and C of this section may be modified by special exception by the Board of Appeals. In addition to considering the criteria set forth in § 225-155C of this chapter, it shall be demonstrated that there are circumstances attributable to the specific proposal relative to soils, land cover, ownership relations, and/or property restrictions of record to justify the requested modification.
E.
Legal nonconforming situations.
(1)
An existing poultry house or poultry house complex may be replaced and/or enlarged up to 25% of the footprint of an existing individual poultry house, or up to 25% of the total complex footprint through the construction of an additional poultry house(s). This may be done without action by the Board of Appeals, provided that the enlargement/replacement of an existing structure does not extend to within 100 feet of a property line, and any newly sited structure does not extend to within the then current minimum setbacks.
(2)
For the purposes of this section an existing poultry house is defined as a structure originally constructed for the growing of poultry, maintained for a use permitted in the zoning district, and not necessarily used for the growing of poultry within any specified time period.
§ 225-107 Rehabilitative housing.
Whenever an individual desires to build rehabilitative housing, he/she shall present to the Zoning Administrator:
§ 225-108 Retail sales.
A.
In an LB-2 Light Business and Residential District, retail sales may be permitted, limited to the sale of arts and crafts, gifts, including specialty shops, boutiques, clothing shops and florist shops, and other uses of a similar nature may be permitted, provided that the gross floor area devoted to retail sales shall not exceed 1,000 square feet.
B.
In an LB-1 Light Business and Institutional District, retail sales may be permitted, provided that, if located in a freestanding building, the total gross floor area of the building shall not exceed 10,000 square feet.
C.
In an LB-2 Light Business and Residential District, retail sales may be permitted by special exception in a building not exceeding 10,000 square feet of gross floor area.
[Added 3-6-2018 by Bill No. 2018-02]
§ 225-109 Rifle and pistol ranges, archery ranges, skeet shooting ranges, or other recreational weapons, outdoor.
Outdoor rifle and pistol ranges, archery ranges, skeet shooting ranges, or other recreational weapons ranges may be permitted, provided ranges are designed to ensure the safety of users and passersby.
§ 225-110 Salvage yard.
B.
No materials or refuse shall be collected, accumulated or stored within 25 feet of any lot line or right-of-way line.
C.
All fluids (oil, gasoline, transmission fluid, windshield washer fluids, etc.) and batteries from the salvaged vehicles shall be removed from said vehicles and disposed of or recycled according to the Maryland Department of the Environment regulations prior to dismantling and/or storage.
§ 225-111 Sand, gravel and clay excavations, borrow pits.
C.
The use of heavy machinery for refining or processing other than for extracting, crushing, moving, washing and screening shall not be permitted.
D.
A minimum one-hundred-foot buffer of natural vegetation shall be established between the operation and the edges of streams.
E.
The applicant shall submit a reclamation and post-excavation use plan that specifies the steps that will be taken to reclaim the property and the proposed post-excavation use of the site.
§ 225-112 Sawmill and other wood process facilities, except treatment.
§ 225-113 Service establishments.
§ 225-114 Schools of general instruction.
§ 225-115 Shopping centers.
Shopping centers may be permitted by special exception in accordance with an approved development plan.
A.
General standards:
(1)
Buildings shall be designed so that facades, signs and other appurtenances will have an integrated and harmonious appearance, so that parking and landscaped areas are harmonious and attractively arranged and in a manner which will not adversely affect the appearance of surrounding development.
(2)
Shopping centers shall be located so as to minimize increased traffic congestion, to facilitate the provision of necessary improvements to access roads serving the site, and to provide proper exits, entrances, and internal parking and circulation.
(3)
Shopping centers, when feasible, shall be served by single common sewer, gas, water, lighting, power and heating systems or services.
(4)
Passenger parking areas and freight loading areas shall be separately located, and safety provisions must be made for the protection of pedestrians, including appropriate location of roadways, parking areas, sidewalks, islands, entrances, exits, crossovers and underpasses which are provided with drainage, lighting, directional signs and supervision as may be required.
(5)
Access.
(a)
Direct access onto a street or major highway shall be reduced or eliminated wherever the Planning Commission and County Department of Public Works determines that alternative or unified points of access are available to a site resulting in better traffic flow and less traffic congestion.
(b)
Service drives and loading and unloading areas shall be located so that in the process of loading and unloading, no truck shall block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation.
B.
Permitted uses. Land and buildings shall be designed, arranged and used only for the commercial service, commercial retail and recreation uses enumerated in § 225-67.
D.
Minimum landscape area. A minimum of 30% of the gross site shall be landscaped.
F.
Paving and illumination. Except as may be permitted in Subsection D above, all roadways, parking areas and pedestrian walks shall be paved with a hard surface material which shall be maintained in good condition at all times and shall be properly illuminated when used after dark in such a manner as to prevent the direct transmission of light into adjacent properties and roadways.
§ 225-115.1 Small wind-energy systems.
[Added 5-18-2010 by Bill No. 2010-03]
A.
Purpose. The purpose of these provisions is to facilitate the installation and construction of small wind-energy systems in Wicomico County for private landowners, subject to reasonable restrictions, which will preserve and protect the public's health and safety. Small wind-energy systems shall be used for the primary purpose of generating power for the property on which the system is located.
B.
Applicability. The requirements of this section shall apply to all small wind-energy systems proposed after the effective date of this section. Small wind-energy systems for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that any such pre-existing small wind-energy system that is not producing energy for a continuous period of 12 months shall meet the requirements of § 225-115.1 prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with § 225-115.1.
C. MET TOWER ROOFTOP WIND-ENERGY SYSTEMS SMALL WIND-ENERGY SYSTEM TOTAL HEIGHT WIND GENERATOR WIND TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A "meteorological tower" or "met tower" is a structure designed to support the gathering of wind-energy resource data, and includes the tower, base plate, anchors, guy cables, hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
Consist of a wind turbine(s) and associated equipment for converting wind energy to power and attachment to the rooftop.
A single towered wind-energy system consisting of a wind turbine, base, tower and associated control or conversion electronics that:
The distance measured from the ground level to the blade extended at its highest point.
Blades and associated mechanical and electrical conversion components mounted on top of the wind tower.
The monopole, freestanding, or guyed structure that supports the small wind-energy system.
D.
Standards. A small wind-energy system shall be an accessory use in all zoning districts subject to the following requirements:
(1)
Setbacks. A wind tower for a small wind-energy system shall be set back a distance equal to its total height plus 20 feet from:
(a)
Any state or county right-of-way or the nearest edge of a state or county roadway, whichever is closer;
(b)
Any right of ingress or egress on the owner's property;
(c)
Any overhead utility lines. Service lines owned by a private property owner of the land on which the service lines sit are exempt from the setback;
(d)
All property lines. This setback is not applicable to adjacent parcels that have common ownership; and
(e)
Any existing guy wire, anchor or small wind-energy system on the property.
(3)
Lighting. A wind tower and wind generator shall not be artifically lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the small wind-energy system, such as appurtenant structures, shall be limited to that required for safety purposes, and shall be reasonably shielded from abutting properties.
(4)
Signs. Small wind-energy systems shall not be used for displaying any advertising except reasonable identification of the manufacturer, operator, or owner of the system and warning signs of the system. No sign shall be visible from a public road.
(5)
Code compliance. A small wind-energy system shall comply with all applicable construction and electrical codes.
(6)
Utility notification and interconnection. Small wind-energy systems that connect to an electric utility shall comply with the Public Service Commission regulations.
(7)
Small wind-energy systems, as defined, shall not be attached to any building, including attachment by guy wires. Rooftop wind-energy systems are allowed to be attached to buildings, provided such structures are safely and securely attached to the rooftop in compliance with the Wicomico County Building Code and approved by the Wicomico County Department of Public Works.
(8)
Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind-energy system.
(9)
A small wind-energy system shall comply with all requirements of the Federal Aviation Administration (FAA) and the Maryland Aviation Administration (MAA). This includes, when applicable, filing Federal Aviation Administration Form 7460-1, Notice of Proposed Construction or Alteration. A small wind-energy system cannot be an obstruction to navigable airspace.
E.
Noise. All small wind-energy systems shall comply with the Maryland Department of the Environment's noise regulations (COMAR § 26.02.03, Control of noise pollution).
F.
Ground clearance. The blade tip of any small wind-energy system shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades.
G.
Abandonment.
(1)
Any small wind-energy system found to be unsafe by the Building Official shall be repaired by the landowner to meet federal, state and local safety standards or removed within 90 days.
(2)
The Zoning Administrator may issue a notice of abandonment to the owner of a small wind-energy system that has been out of service for a continuous twelve-month period. The county will request, in writing sent by registered mail, corrective action to be taken and provide the owner 30 days to respond, in writing, to the notice of abandonment. In the response, the owner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action.
(a)
If sufficient reason is provided, the Zoning Administrator shall withdraw the notice of abandonment and the owner of the small wind-energy system will be notified.
(b)
If the reasons provided are unreasonable and it is determined that the small wind-energy system has been abandoned, the Zoning Administrator must notify the owner, and such owner shall remove the small wind-energy system at his or her own expense within 90 days of receipt of notice from the county.
(c)
If the owner fails to remove the small wind-energy system, the Zoning Administrator may pursue legal action, if necessary, to have the small wind-energy system removed at the owner's expense.
H.
Public Service Commission. In accordance with the Maryland Annotated Code, public utilities companies, § 7-207.1, any property owner seeking to construct a small wind-energy system and connect such system to the main power grid with the capability of transporting energy back to his or her main power company shall apply to the Public Service Commission (PSC) for approval, if applicable, and provide documentation of such approval to the county prior to construction and being issued a permit.
I.
Special exception. In accordance with Wicomico County Code chapter 225, the Board of Appeals may, by special exception, allow deviations from the standards set forth in § 225-115.1D, if such deviation(s) would not be contrary to the public health, safety, or welfare and the granting of the special exception will not be a detriment to adjacent and neighboring properties.
§ 225-115.2 Solar utility.
[Added 4-18-2023 by Bill No. 2023-03]
A.
Purpose. The purpose of these provisions is to facilitate the installation and construction of solar energy systems in Wicomico County for private landowners, subject to reasonable restrictions, which will preserve and protect the public's health and safety.
B.
Applicability. The requirements of this section shall apply to all solar energy systems proposed after the effective date of this section. Solar energy systems for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section.
C. SOLAR, ACCESSORY (TO INCLUDE RESIDENTIAL, COMMERCIAL, AGRICULTURAL, INDUSTRIAL, AND INSTITUTIONAL INSTALLATIONS) SOLAR, MINOR SOLAR, UTILITY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A solar energy system to produce electricity and intended to serve a use that is incidental and subordinate to the principal use of a lot, or the main building thereon and located on the same lot or on an adjacent lot under the same ownership.
A solar energy system with a rated capacity of no more than two megawatts of power and is connected to the electric distribution grid serving the state.
A solar energy facility with a rated capacity of more than two megawatts of power and is connected to the electric distribution grid serving the state, and requires the issuance of a certificate of public convenience and necessity from the Maryland Public Service Commission.
D.
Standards. A solar energy system shall be allowed in the permitted zoning districts subject to the following requirements, which may be modified by the Board of Appeals upon good cause:
(1)
Setbacks. All structures related to the solar facility shall be set back a minimum of 75 feet from all property lines. This requirement does not include perimeter fencing from:
(a)
Any state or County right-of-way or the nearest edge of a state or County Roadway, whichever is closer;
(b)
Any right of ingress or egress on the owner's property;
(c)
Any overhead utility lines. Service lines owned by a private property owner of the land on which the service lines sit are exempt from the setback; and
(2)
Approval and installation.
(a)
A site plan shall be submitted for review and approval by the Wicomico County Board of Appeals when a special exception is required.
(b)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(c)
Buffer. The site plan shall include a vegetative buffer for the visual screening of active portions of the solar facility. This includes all related structures and appurtenances. A vegetative buffer would not be required if sufficient vegetation is in place on or adjacent to the site as determined by the Zoning Administrator. The vegetative buffer is to be established as follows:
[1]
A minimum of three staggered rows of plant materials with ten-foot center spacing shall be placed at a width of 10 feet to 20 feet between rows. The farthest row from the solar facility must consist of evergreen trees.
[2]
Plant material is to be a minimum of at least one-gallon stock, or approximately 18 inches when planted.
[3]
Buffers shall be installed in accordance with best management practices in order to ensure growth and plant material survival.
[4]
All required buffers shall be preserved and maintained so as to effectively provide visual screening. Dead or dying buffer materials shall be replaced with similar plant materials on an annual basis. Modifications to approved buffers may be made by the Zoning Administrator.
(d)
A vegetative ground cover shall be provided within the solar array. The ground cover shall be native to Maryland, and may include, but not be limited to, echinacea, coreopsis, solidago, penstemon, and trifolium. Species deemed to be invasive or noxious shall not be used.
(e)
If the proposed solar facility receives approval by the Wicomico County Board of Appeals, the applicant shall obtain a building permit from Wicomico County and comply with all standards and requirements therein. Additional submittals may be required by other County departments and or state agencies.
(3)
Code compliance. A solar facility shall comply with all applicable construction and electrical codes.
(4)
Utility notification and interconnection. A solar facility that connects to an electric utility shall comply with the Public Service Commission regulations.
(5)
Noise. A solar facility shall comply with the Maryland Department of the Environment Noise Regulations.
(6)
An accessory use solar energy system shall be allowed in the permitted zoning districts, but is not subject to the foregoing standards. An accessory use solar energy system must apply for a County building permit prior to installation.
(7)
When a certificate of public convenience and necessity from the Maryland Public Service Commission is sought to construct a solar utility solar energy system in Wicomico County, a representative from the Department of Planning, Zoning and Community Development shall attend all meetings and hearings relating to the application. Further, the representative shall provide comment to the Commission regarding the proposed system and its compatibility with this chapter.
E.
Permitted use.
(1)
A solar accessory may be permitted in A-1, V-C, R-8, R-15, R-20, REC, R-30, TT, C-1, C-2, C-3, LB-1, LB-2, I-1, and I-2 Zoning Districts.
(2)
A solar, minor, system may be permitted by special exception in A-1, V-C, TT, C-1, C-2, C-3, LB-1, I-1, and I-2 Zoning Districts.
(3)
A solar, utility, may be permitted in A-1, V-C, TT, C-1, C-2, C-3, LB-1, I-1, and I-2 Zoning Districts, subject to approval by the Public Service Commission.
F.
Decommission.
(1)
A decommissioning plan is required to be submitted and approved by the Wicomico County Planning and Zoning Department prior to the application for a building permit. Amendments to the plan prior to decommissioning must also be approved by the Wicomico County Planning, Zoning and Community Department.
(2)
The solar energy facility owner or its assigns must notify the County of an intent to decommission 45 days prior to decommission. Once an intent to decommission has been filed, it may not be revoked.
(3)
Decommissioning by the solar energy facility owner or its assigns must begin within three months of any of the following conditions, unless a plan for its continuing use has been provided and approved by the Wicomico County Planning, Zoning and Community Department:
(4)
Decommissioning must be completed within one year of the filing of the intent to decommission, unless decommissioning is being conducted by the County. If decommissioning is not successfully completed within one year, the solar energy system becomes a nuisance and the County may act in accordance with Chapter 174 of the Code.
(5)
Following decommissioning, the Department of Planning, Zoning and Community Development must perform an inspection of the property(s) to determine adequacy of the decommissioning and adherence to the decommissioning plan before any financial surety will be released.
(6)
Decommissioning plan elements must include, but are not limited to:
(a)
Decommissioning cost estimates;
(b)
Removal of all above ground structures including, but not limited to: solar panel arrays, inverters and transformers, concrete pads, internal roads materials, fencing, and other debris;
(c)
Removal of underground wiring and other structures;
(d)
A plan for decommissioned material that includes reclamation, salvage, recycling, and disposal;
(e)
Restoration of the property(s) to a similar or better condition than at the time of installation. This may include reseeding, tilling, or reforesting.
(f)
An approved bond or other financial guaranty for the approved estimated cost for decommission.
(g)
(Reserved)
(h)
If the land on which the proposed solar energy facility is to be located is leased, a copy of the lease agreement between the lessee and lessor.
(7)
A decommissioning cost estimate must accompany the decommissioning plan and be prepared by a Maryland licensed engineer at the cost of the facility owner(s). The decommissioning cost estimate must be updated every five years or upon a change in ownership of the leased property in either the lessee or lessor by a Maryland license engineer at the cost of the facility owner(s) and submitted to the Department of Planning, Zoning and Community Development. If the change in the estimated cost of decommission exceeds the current bond or other financial guaranty financial surety, then the bond or other financial guaranty financial surety must be increased to reflect the new estimated costs. Before decommissing can begin, a decommissioning cost estimate must be prepared by a Maryland licensed engineer at the cost of the facility owner(s), regardless of the amount of time that has passed since the prior cost estimate. If the change in the estimated cost of decommission exceeds the current bond or other financial guaranty financial surety, then the bond or other financial guaranty financial surety must be increased to reflect the new estimated costs. The Department may prepare its own decommissioning cost estimate with the cost to be borne by the owner(s) of the facility.
(8)
Financial surety.
(a)
Once a decommissioning cost estimate has been determined and approved by the Wicomico County Planning, Zoning and Community Department, the land owner of the property where the proposed solar energy system is to be located, shall provide a performance bond or other financial guaranty, in a form acceptable to the Department, in the amount of the estimated decommissioning cost and which must remain continuously in effect until decommissioning has been completed and approved by the Department. Such bond or other guaranty shall not be subject to termination for any reason, including but not limited to the financial condition of the land owner or other principal, nonpayment of bond premium or assignment or sublease of the land or facilities. The bond or other guaranty must be amended in accordance with the decommissioning cost estimate prepared every five years.
(b)
The Department shall not issue the building permit until the decommissioning plan and estimated decommissioning cost have been determined and approved as provided above, and the approved bond or other financial guaranty is effective and has been tendered to the County.
(c)
The land owner's failure to continuously maintain in effect an approved bond or other financial guaranty for the approved estimated cost shall constitute a breach of the Code and shall, among any other remedies, entitle the County to revoke any special exception which has been granted as well as any certificate of occupancy.
G.
Public Service Commission. In accordance with the Maryland Annotated Code, Public Utilities, § 7-207.1, any property owner seeking to construct a solar energy system and connect such system to the main power grid with the capability of transporting energy back to his or her main power company shall apply to the Public Service Commission for approval, if applicable, and provide documentation of such approval to the County prior to construction and being issued a permit.
H.
Special exception. In accordance with Wicomico County Code Chapter 225, the Board of Appeals may, by special exception, allow deviations from the standards set forth in § 225-115.2D, if such deviation(s) would not be contrary to the public health, safety, or welfare and the granting of the special exception will not be a detriment to adjacent and neighboring properties.
§ 225-116 Theater, outdoor.
A.
Any structures, fence or parking area shall be set back at least 100 feet from any highway;
B.
There shall be provided a service road, for entrance and exit on the theater property, with access to a public highway at two points, each distant at least 200 feet in opposite directions from the center of the property; and
C.
No outdoor theater screen shall be visible in total or in part at any angle from either a state highway or a county road.
§ 225-117 Warehouse.
In an I-1 Light Industrial District:
A.
There shall be no open parking of refrigerated vehicles or other vehicles with other continuously running equipment.
B.
Wholesale merchandising and warehousing, excluding truck terminals, may be permitted, provided that there is no open parking of refrigerated vehicles or other vehicles with other continuously running equipment.
§ 225-118 Wayside stand.
A.
Gross floor space in excess of 1,000 square feet shall require a special exception from the Board of Appeals.
C.
When the selling activity is abandoned for any reason, seasonal or otherwise, all materials, such as signs, crates, baskets, tables, utility trailers, wagons, etc., shall be removed from the site or stored in an inconspicuous place where they cannot be observed or seen from any public road.
E.
The wayside stand shall primarily be for the purpose of selling fruit and vegetables grown on-site or on other lands owned, leased or managed by the operator of the wayside stand. Sales of other allowable merchandise shall be secondary.
§ 225-119 Wireless telecommunications facilities.
A.
Purpose and intent: to provide for the effective management, control and review of telecommunications uses, including towers, antennas, and related wireless equipment and structures.
B.
Provisions in addition to other district provisions. In addition to the standards and provisions contained elsewhere in this chapter, the following additional provisions shall apply to all telecommunications uses.
(1)
Application.
(a)
Application for telecommunications equipment on monopoles, freestanding towers, and guyed towers shall include the following:
[1]
A wind load analysis conducted by a qualified engineer.
[2]
A certificate by a qualified engineer attesting to the structural integrity of the existing structure and the projected effects resulting from the addition of the proposed equipment.
[3]
A certificate of compliance attesting the fact that the proposed equipment meets or exceeds FCC and ANSI standards on radiation emissions.
[4]
A complete description of the impact, and a detailed plan for avoiding, minimizing, mitigating or buffering the effects of the proposed use from the following natural resources: steep slopes, wetlands, stream corridors, forests, and habitats of threatened or endangered species.
[5]
A complete description of the impact and a detailed plan for avoiding, minimizing, mitigating or buffering the effects of the proposed use from any area of local, regional or national historic or cultural significance.
[6]
Justification of necessity.
[7]
Supporting evidence regarding the proposed equipment's effects upon adjacent and adjoining property values.
[8]
A detailed description assessing the impact that the proposed equipment will have upon aviation and overall visibility. Proof of compliance with all FAA requirements relating to lighting, siting, height, and visibility shall be required prior to final permitting.
[9]
For additions to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, documentation that establishes that the applicant performed a diligent search for a suitable site that did not have the effect of increasing the height of existing structures.
[10]
For new monopoles, freestanding towers and guyed towers, documentation that establishes that the applicant performed a diligent search for a suitable existing structure.
(2)
Standards. Monopoles, freestanding towers and guyed towers approved after the adoption of this section shall comply with the following:
(a)
Minimum lot requirements. Lot area and lot dimensions shall be a function of the minimum setback required and are established as follows:
(b)
Siting requirements. There shall be a minimum separation distance of:
(c)
Lighting requirements. No lighting shall be required or permitted, except what is specifically required by the FCC, FAA, or another relevant state or federal agency; additionally, in instances where the FCC or FAA require day-time high-intensity strobe lighting, a set of red marker lights shall be installed for nighttime use. All strobe lights shall be turned off at twilight.
(d)
Screening and security requirements. A fence with a minimum height of eight feet shall be installed around the perimeter of the tower base. All equipment shall be located within this fenced area. The fence shall have an access gate which shall be kept in a locked condition at all times except when servicing is required. The fence shall be equipped with additional entrance prevention devices as necessary to prevent compound access by unauthorized personnel. There shall be an additional screening requirement consisting of a buffer of sufficient width containing native plantings capable of effectively screening the fenced enclosure.
(e)
Additional provisions. All obsolete or unused towers and equipment shall be removed at the owner's expense within 12 months of the cessation of use.
(f)
The Board of Appeals may, as part of the special exception, modify the lot area, lot dimensions or siting requirements specified herein.