A. 
Zoning enforcement. It shall be the duty of the Planning Director, or his designated representative, to supervise the Zoning Administrator and to administer and enforce the provisions of this chapter.
B. 
Enforcement. The method for enforcing this chapter and the procedures to be followed in making application for zoning authorization shall be as follows:
(1) 
If the Zoning Administrator shall find that any of the provisions of this chapter are being or have been violated, he shall:
(a) 
Notify the owner of the property and/or the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(b) 
Order discontinuance of any illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(2) 
All such actions shall be consistent with the provisions of § 225-22, Remedies, and § 225-23, Violations and penalties, of this chapter.
C. 
All departments, officials and public employees of Wicomico County who are vested with the authority to issue permits shall conform to the provisions of this chapter and shall not issue any permit for any use of land, building, structure or purpose which would be inconsistent with the provisions herein set forth.
D. 
Any permit issued in conflict with the provisions of this chapter shall be null and void.
[Amended 8-1-2023 by Bill No. 2023-10]
Whenever a single lot is located within two or more different zones, the zoning regulations applicable to the zone which constitutes the larger portion of the lot as determined by the Department of Planning, Zoning and Community Development may apply to the entire lot.
A. 
Application for zoning authorization. All applications for zoning authorization shall be accompanied by documentation as may be required by the Zoning Administrator which may include:
(1) 
Legal agreements, including, but not limited to, copies of existing deeds and leases, condominium documents, homeowners' association bylaws, or other provisions, or covenants governing the use, maintenance and continued protection of common and developed open space areas, common use, and any covenants pertaining to development of individual lots or parcels to be developed at a future date; and
(2) 
The number of families, housekeeping units or rental units the building is designed to accommodate.
B. 
Site diagram. All applications for matters of original jurisdiction before the Board of Appeals shall be accompanied by a site diagram which accurately demonstrates where all uses, buildings and structures are to be placed in relation to the applicable lot(s).
C. 
Site plan. Development requiring a site plan approval shall be permitted only in accordance with all specifications contained on an approved site plan, and shall not be undertaken until the site plan is approved and all required construction permits have been obtained subsequent to such approval. The site plan shall include the following:
(1) 
A property survey, prepared by a registered surveyor or engineer, showing the exact boundaries and area of the site. The survey shall include:
(a) 
The location of all existing easements on the site.
(b) 
Existing natural features on the site, including streams, forests or wooded areas.
(c) 
The location of all human burial sites.
(2) 
The plan, either on a single sheet or separate sheets, shall show:
(a) 
Proposed street systems, lot, partition or subdivision lines or other divisions of the site for management, use or allocation purposes.
(b) 
Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses.
(c) 
A consolidated plan showing the final specific development proposed in its entirety, including the location of buildings, lots, parking areas, stormwater management areas and other improvements, common use and developed open space areas, including areas to be left in a natural state, and all other improvements proposed on the site.
(3) 
Elevation and perspective drawings of each type of proposed structure where required by the Planning Commission.
D. 
Development plan. Development requiring development plan approval shall be permitted only in accordance with all specifications contained on an approved development plan, and shall not be undertaken until the development plan is approved by the Planning Commission and all required construction permits have been obtained subsequent to such approval.
(1) 
A development plan shall include:
(a) 
A site plan showing the location of all streets, pedestrianways, rail lines, utility systems, landscaped areas, parcel lines, building areas, entrances and exits to be provided;
(b) 
Any restrictions to be included in the sale or lease of land for parking, building location, property maintenance, sign control and any other protective measures;
(c) 
A schedule for the development of streets, grading, utility installation, rail facilities, docking facilities or other improvements to be provided for the project area and occupants thereof;
(d) 
A statement of intent to proceed and financial capability of the developer or sponsor;
(e) 
A community impact statement; and
(f) 
Whatever additional use restrictions the Planning Commission deems necessary to protect the health, safety and general welfare of surrounding residents and properties, provided that such restrictions shall not be so severe as to prevent the development.
(2) 
Application.
(a) 
Five copies of a development plan shall be submitted to the Planning Director at least 30 days prior to the next regularly scheduled meeting of the Planning Commission when an application is submitted to the Wicomico County Zoning Administrator for a proposed use requiring a development plan.
(b) 
Before submitting an application, the applicant may meet with the Department and the Department of Public Works for a preapplication conference to provide the developer with information concerning the requirements of this chapter, county policies and other related information and to review the general concept of the proposed district before submission to the Planning Commission.
(c) 
The Planning Director may furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing detailed components of the application.
(3) 
Development plan approval.
(a) 
The Planning Commission may consider deviations or waivers from strict compliance with the standards outlined in this chapter, provided that they are consistent with the purposes of these regulations.
(b) 
The Planning Commission shall also review the location of the development in relation to surrounding uses and public streets serving the development with the consideration to the density of the use and the district in relation to the location on a major through street or adjacent to a higher-density residential district or nonresidential district.
(c) 
If the Planning Commission finds that a proposed development plan does not meet the purposes of these regulations, it shall disapprove the plan and shall submit its findings in writing, together with the reasons therefor, to the applicant.
(4) 
Any changes in an approved plan shall be resubmitted for approval in accordance with Subsection D(2).
(5) 
If any question arises over compliance with this chapter, the burden of proof shall rest on the applicant, and the Planning Commission may impose any additional conditions on the approval of a development plan which are reasonable to protect the public health, safety and welfare.
(6) 
All construction and development under any building permit shall be in accordance with the development plan. Any departure from such plan shall be a cause for revocation of a building permit or a denial of an occupancy permit by the Wicomico County Building Inspector.
E. 
If an application for zoning authorization is before any approving authority of the county, and the accompanying papers do not comply in all respects with the regulations of this chapter, it shall be disapproved by the Zoning Administrator, and the applicant shall be notified in writing.
(1) 
The Administrator may, in his discretion, before disapproving any application, return such application to the applicant, who may amend said application, plans or specifications in order to make the proposal comply with the regulations of this chapter.
(2) 
In such event, the Zoning Administrator shall proceed to pass upon the application as if it were an original one.
F. 
Expiration of zoning authorization. If the work described in any zoning authorization, by any approving authority, has not begun within one year from the date of issuance thereof, said authorization shall expire unless an additional six months is granted by the Zoning Authority.
A. 
No building or other structure shall be constructed, moved, added to or structurally altered and no land used or use of land changed without a zoning authorization being granted.
B. 
No zoning authorization shall be issued which is not in conformity with the provisions of this chapter, except after written order from the Board of Appeals granting a variance for such nonconformity.
Notwithstanding any other provisions of this chapter, no zoning authorization is necessary for the following uses, however other county permits may be required:
A. 
Facilities such as wires, lines, cables, or pipes and supporting structures thereof that are reasonably necessary to provide local properties with water, sewer, gas, electric, telecommunications or similar services. Such facilities shall not include wireless telecommunications services, wastewater treatment facilities or water supply systems or any cross-country electric transmission lines, telephone trunk lines, microwave stations, transmission pipelines, trunk water lines, interceptor sewer lines, sewage pumping stations, water treatment facilities, water well sites, water storage tanks or radio or television transmission or receiving structures.
B. 
Public utilities development standards.
(1) 
Area requirements. No area requirements for any use district shall be applicable to public utilities.
(2) 
Whenever practicable, utility buildings shall have the exterior appearance of residential buildings when located in a residential district.
(3) 
Setback requirements. No setback requirements in any use district shall be applicable to essential services, except as provided in § 225-70, for fencing.
(4) 
For landscaping requirements, see § 225-143, Landscaping for public utilities.