The provisions within the following articles and sections shall constitute and be known, cited and referred to as the "Wicomico County Zoning Regulations" which together are Chapter 225, Zoning, of the Code of Wicomico County, Maryland.
By the authority of Acts of the General Assembly
of the State of Maryland as set forth in Article 25A of the Annotated
Code of Maryland (1957 Edition) and the amendments thereto and by
authority set forth in the Charter for Wicomico County, Maryland,
the Wicomico County Council is empowered to regulate and restrict
the use of land and buildings, regulate and restrict the height, number
of stories and size of buildings and other structures, the percentage
of a lot that may be occupied by buildings, the size of yards, and
open spaces, the density of population and the location and use of
buildings, structures and land for agricultural, residential, commercial,
industrial, and other uses and to adopt from time to time, by legislation,
the Zoning Map and such other regulations and maps as may be required
as part of this chapter.
A.
The Zoning Regulations and Districts herein set forth
and as identified upon the Zoning Map of Wicomico County are made
for the purpose of promoting the public health, safety and general
welfare and prescribing the most desirable use for which land in each
zoning district may be adapted and those uses to be subjected to special
regulations, while conserving the value of land throughout the county.
The height, bulk and location of buildings and other structures, the
area of yards, courts and setbacks and other open spaces, the density
of population and intensity of use of buildings and land, the use
and conservation of waterfront areas, and the use of structures and
land for residential, commercial, industrial, institutional or other
purposes, are hereby restricted and regulated as hereinafter provided.
B.
Such regulations have been designed to preserve open
space, protect the Chesapeake Bay, lessen congestion in the streets
and preserve agriculture. They have been made with reasonable regard,
among other things, to the character of each zoning district and its
suitability for particular uses as well as the preservation of the
natural environment throughout Wicomico County.
C.
All such zoning regulations and the Zoning Map shall
be enacted for the purposes of:
(1)
Preserving and promoting the health, safety and welfare
of the citizens of Wicomico County;
(2)
Guiding the future growth and development of the county
generally in accordance with the Wicomico County Comprehensive Plan
in a manner which results in the most beneficial land use relationships
among residential, nonresidential and public areas;
(3)
Providing for the orderly growth and development of
the county in a manner which will protect, conserve and stabilize
the value of land, structures and neighborhoods;
(4)
Providing adequate light, air and privacy of building
areas and lots, securing safety from fire and other danger and preventing
overcrowding of land and undue congestion of population;
(5)
Providing for coordination between the use of land
and structures and the street and highway system in order to avoid
congestion in the streets and to promote safe and convenient traffic
circulation;
(6)
Regulating and coordinating development activities
to provide for the adequate provision of public facilities and services;
(7)
Providing for a variety of housing types in diverse
living environments within the income levels of county citizens;
(8)
Providing open space to protect the archeological,
historic, scenic and natural features of the county, as well as providing
recreation spaces for existing and future citizens;
(9)
Preserving farmland and the agricultural land base.
(10)
Protecting and preserving the archeological
and historic features of the county, including human burial sites.
D.
It is also the objective of this chapter to implement
the eight visions contained in the Maryland Growth Management, Resource
Protection and Economic Development Act of 1992, as amended, in order
that:
(1)
Development is concentrated in suitable areas;
(2)
Sensitive areas are protected;
(3)
In rural areas, growth is directed to existing population
centers and resource areas are protected;
(4)
Stewardship of the Chesapeake Bay and the land is
a universal ethic;
(5)
Conservation of resources, including a reduction in
resource consumption, is practiced;
(7)
Adequate public facilities and infrastructure under
the control of the county or municipal corporation are available or
planned in areas where growth is to occur; and
(8)
Funding mechanisms are in place to achieve this policy.
E.
The statement of intent and visions contained in this
section shall provide the basis for consideration of all zoning forms
of action as may be required of staff, the Planning and Zoning Commission
and the Board of Appeals by this chapter.
A.
This chapter shall apply to all land, structures and buildings within the boundaries of Wicomico County, including all submerged lands and water areas, streets, rights-of-way, future rights-of-way and redevelopment, except as provided in Subsection B below and except within the incorporated areas of any municipality.
B.
This chapter shall not apply to land, buildings or
other structures owned by or leased solely to the Federal Government,
the State of Maryland, Wicomico County, or any municipality within
Wicomico County, provided that such land, buildings or other structures
are used for a public purpose.
A.
The method to be used for carrying out the legislative intent shall be by legislation of the Wicomico County Council dividing the county into districts of such number, shape and area as may be deemed best suited to carry out the purpose of the act mentioned in § 225-3. Within such districts, the Council may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The regulations herein are intended to carry out the mandate of the act expressed in the preceding sentence.
B.
The requirements of this chapter are deemed minimum
standards except for those standards which establish maximum particular
regulations.
C.
Certain development regulations have been established
that apply to all uses within a district while other more restrictive
regulations apply to specific uses. In the event of a conflict between
general regulations and specific standards, the more particular provisions
shall apply.
D.
This chapter of the Wicomico County Code shall not
be deemed to abrogate or otherwise affect in any manner whatsoever
any other chapter of this Code, rules, regulations or easements, covenants
or other agreements between parties; provided, however, that where
this chapter imposes a greater restriction upon the use of buildings
or premises or upon the height of buildings or requires larger open
spaces than are imposed or required by other chapters of this Code,
rules, regulations or easements, covenants or other agreements, the
provisions of this chapter shall prevail.
E.
Headings. All titles, headings and captions used in
this chapter have been included for administrative convenience only
and do not constitute matters to be construed in interpreting this
chapter.
F.
In interpreting the appropriateness of proposed uses,
the most recent volume of the North American Industry Classification
System, or a comparable source, shall be used to determine similarity
to delineated uses in the zoning district.
The requirements of this chapter are hereby modified to the extent necessary in order that all land within critical areas, as established by the Chesapeake Bay Critical Area Commission, the Wicomico County Critical Area Program and Chapter 125 of the Wicomico County Code, shall also comply with the provisions of the Wicomico County Chesapeake Bay Critical Area Program and Chapter 125, where applicable.
A.
No building, structure or use of land regulated under
this chapter may be used, occupied, altered, erected, located, constructed
or reconstructed unless in conformity with the regulations contained
in the chapter.
B.
It is the intent of this chapter that it be interpreted
as prohibiting any use not expressly authorized, whether as a permitted,
accessory, special exception, or nonconforming use.
It is hereby declared to be the intention of
the County Council that the sections, paragraphs, sentences, clauses,
and phrases of this chapter are severable, and if any such section,
paragraph, sentence, clause, or phrase is declared unconstitutional
or otherwise invalid by any court of competent jurisdiction in a valid
judgment or decree, such unconstitutionality or invalidity shall not
affect any of the remaining sections, paragraphs, sentences, clauses,
or phrases of this chapter since the same would have been enacted
without the incorporation into this chapter of such unconstitutional
or invalid section, paragraph, sentence, clause, or phrase.
A.
The County Council shall establish a schedule of fees,
charges and expenses for applications for all zoning matters pertaining
to this chapter. Such schedules shall be available at the Wicomico
County Department of Planning, Zoning and Community Development.
[Amended 10-17-2006 by Bill No. 2006-11]
B.
These fees may include payment to the county of the
cost of employing consulting services of an independent engineer,
architect, landscape architect, planner or similar professional to
assist the county.
C.
Until all applicable fees, charges, and expenses have
been paid in full, no action shall be taken on any application or
appeal pertaining to this chapter.
Commencing on or before the sixth year anniversary
date of the adoption of this chapter, and every sixth year thereafter,
the County Council shall direct the Planning and Zoning Commission
to undertake a comprehensive review of the Zoning Chapter and the
Official Zoning Map.
