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.
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.
A.
Whenever a single lot two acres or less in size is
located within two or more different zones, the zoning regulations
applicable to the zone which constitutes the larger portion of the
lot shall apply to the entire lot.
B.
Whenever a single lot greater than two acres in size
is located within two or more different zones, each portion of that
lot shall be subject to all the regulations applicable to the zone
in which it is located.
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:
(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.
