A.
Purpose. The purpose of this overlay district is to
maintain and protect the public safety by preventing the establishment
of hazards to aviation and property in the vicinity of the Salisbury-Ocean
City: Wicomico Regional Airport, protecting users of the airport and
preventing unreasonable limitation or impairment on the use and expansion
of airport facilities and the public investment which has been made
therein.
B.
Specific use restrictions.
(1)
Uses shall be those established by the underlying
base zoning district, except that the following uses are not permitted
within the area identified on the Zoning Map as the airport protection
zone which is designated as that area within an eight-thousand-foot
radius around the Salisbury-Ocean City: Wicomico Regional Airport:
(2)
Bulk regulations. All area, setback, lot sizes and
dimensions for both principal and accessory buildings and structures
and other related regulations, shall be the same as those established
for the underlying base zoning district.
C.
Performance standards.
(1)
Notwithstanding any other provision of this chapter,
no use shall be made of land within the A-2 Airport Overlay District
which:
(a)
Creates electrical interference with radio communications
between the airport and aircraft, including radio and television transmitting
towers or studios, wireless telecommunications towers and antennas
and large radiation or X-ray equipment.
(b)
Includes aboveground storage of petroleum or
any other explosive material.
(c)
Emits smoke or odor.
(d)
Contains lights or signals which may be confused
with airport navigational lights.
(e)
Results in glare to pilots approaching, leaving
or circling the airport or which impairs visibility in the A-2 Airport
District.
(f)
Provides private airfields or runways for the
use of planes other than those used in the principal airport in the
district.
(g)
Otherwise endangers the landing, taking off
or maneuvering of aircraft.
(2)
Any disagreement with the Zoning Administrator's interpretation
of the provisions of this section may be appealed to the Board of
Appeals.
D.
Height limitations. No structure, tower or tree shall
be constructed, altered, allowed to grow or maintained in violation
of the following height restrictions:
E.
Hazard marking and lighting. Any permit or variance
granted may, if such action is deemed advisable to effectuate the
purposes of this district and reasonable in circumstances, be conditioned
as to require the owner of a structure, tower or tree, at his own
expense, to install, operate and maintain thereon such markers and
lights as may be necessary to indicate to flyers the presence of an
airport hazard.
A.
Purpose.
(1)
It is the purpose of the Historic Preservation Districts
to safeguard and promote the history and heritage of Wicomico County
by preserving areas, structures and sites of cultural, archeological,
social, economic, political, architectural or historical significance,
thereby strengthening and improving the local economy by stabilizing
and improving property values. Preservation activities will foster
civic beauty and promote the use and preservation of these areas for
the education, welfare and pleasure of the public. By designating
such structures and sites representing a variety of historic and architectural
periods, a significant public purpose can be attained by preserving
a visual record of the heritage of Wicomico County.
(2)
The regulations within these districts are established
to:
(a)
Protect against destruction of or encroachment
upon these areas and the structures and premises therein;
(b)
Encourage uses which will lead to their continuance,
conservation and improvement in a manner appropriate to the preservation
of the cultural, social, economic, political and archaeological heritage
of the county;
(c)
Prevent creation of environmental influences
adverse to such purposes;
(d)
Assure that new structures and uses within such
districts will be in keeping with the character to be preserved and
enhanced.
(3)
The following general regulations are based upon this
intent, which is consistent with the historic preservation goals and
recommendations contained in the Comprehensive Plan.
B.
ALTERATION
APPURTENANCES AND ENVIRONMENTAL SETTINGS
DEMOLITION
EXTERIOR FEATURES
HISTORIC DISTRICT
ORDINARY MAINTENANCE
(1)
(2)
(3)
(4)
RECONSTRUCTION
RESTORATION
SITE
STRUCTURE
Definitions. As used within the context of this section,
the following terms shall have the meanings indicated:
Any exterior change that would affect the historic, archeological,
or architectural significance of a designated site or structure, any
portion of which is visible or intended to be visible from a public
way, including, but not limited to, construction, reconstruction,
restoration, removal, moving, or demolition.
All of the space of grounds and structures thereon which
surrounds a designated site or structure and to which it relates physically
or visually. Appurtenances and environmental settings shall include,
but are not limited to, walkways, and driveways (whether paved or
unpaved), trees, landscaping, pastures, croplands, waterways, open
space, setbacks, parks, public spaces, and rocks.
Includes any willful neglect in maintenance and repair of
a structure, not including appurtenances and environmental settings,
held or used in a trade or business or for the production of income,
that does not result from financial inability to maintain and repair
the structure and that threatens to result in any substantial deterioration
of the exterior features of the structure.
The architectural style, design, and general arrangement
of the exterior of an historic structure, including the nature and
texture of building material, and the type and style of all windows,
doors, light fixtures, signs, or similar items found on or related
to the exterior of an historic structure.
An area in the county which is deemed to be of historic or
architectural value, the boundaries of which are established by the
County Council.
Work that does not alter the exterior fabric or features
of a site or structure and has no material affect on the historical,
archeological, or architectural significance of the historical site
or structure. Exterior features include the architectural style, design,
and general arrangement of the exterior; the color, nature, and texture
of building materials; and the type and style of all windows, doors,
light fixtures, signs, and similar items found on, or related to the
exterior of a designated historic structure or landmark. Basically,
ordinary maintenance is that which will have no material effect on
the historical, architectural, cultural, or archaeological value of
the designated historic structure, site or landmark. This definition
of ordinary maintenance applies, whenever appropriate, to the appurtenances
and environmental setting of the property, as well as the building,
structure or object itself. The following considered to be ordinary
maintenance include:
Repair or replacement of roofs, gutters, siding,
external doors and windows, trim, lights, and other appurtenant fixtures
with like materials of like design.
Landscaping, except the removal of significant
healthy trees.
Paving repair using like materials of like design.
Repainting of surfaces using the same or substantially
the same color.
The process of reproducing by new construction the exact
form and detail of a vanished structure, or part thereof, as it appeared
at a specific period of time.
The process of accurately recovering the form and details
of a property as it appeared in a specific period of time by means
of removal of later work or replacement of work from that period now
missing or deteriorated beyond repair.
The location of an event of historic significance or a structure,
whether standing or ruined, which possesses documented historic, architectural,
archeological, or cultural significance.
A combination of material to form a construction that is
stable, including, among other things, buildings, stadiums, reviewing
stands, platforms, staging, observation towers, radio towers, water
tanks and towers, trestles, piers, paving, bulkheads, wharves, sheds,
coal bins, shelters, fences and display signs. The term also includes
natural land formations, appurtenances and environmental settings.
The term "structure" shall be construed as if followed by the words
"or part thereof."
C.
Establishment of boundaries.
(1)
The County Council may establish, change, lay out and define districts which are deemed to be of historic or architectural value in accordance with the procedures applicable to the establishment of zoning districts set forth in Part 2, Article V, of this chapter. With respect to historic districts, it shall not be necessary to show a mistake in the original boundaries or a change in the character of the area.
(2)
The County Council or the Planning Commission may,
in the process of establishing boundaries, designate the Historic
District Commission, the County Committee of the Maryland Historic
Trust and/or the Maryland Historic Trust to make an analysis of and
recommendation concerning the proposed district.
(3)
Historic District boundaries shall be shown on the
official Zoning Map as an HP Zoning Overlay District over the underlying
base zoning district.
(4)
All provisions of the underlying zoning district shall
be applicable in addition to the provisions of the Historic Preservation
District.
D.
Historic District Commission.
(1)
The Wicomico County Historic District Commission (Historic
Commission) shall have a membership of at least seven persons, all
of whom are residents of the county and are qualified by special interest,
knowledge or training in such fields as history, architecture, preservation
or urban design and who have knowledge of and have demonstrated an
interest in the preservation of historic and architectural areas of
the county.
(2)
The members shall be appointed by the County Executive
and confirmed by the County Council for terms of three years each,
in staggered terms. Members shall be eligible for reappointment.
(3)
In the event of a vacancy on the Historic Commission,
an interim appointment for the remainder of the unexpired term shall
be made by the County Executive and confirmed by the County Council.
[Amended 10-17-2006 by Bill No. 2006-11]
(4)
Organization.
(a)
The Historic Commission shall organize annually
and select a Chairman from its membership.
(b)
Rules and regulations. The Historic Commission
may amend its rules and regulations, provided that such amendments
are presented and approved by the County Council and made available
for public comment prior to adoption.
(c)
The County Executive may, from time to time,
appoint professional advisers to the Historic Commission.
[Amended 10-17-2006 by Bill No. 2006-11]
(5)
Meetings.
(a)
All meetings of the Historic Commission shall
be open to the public. Any interested person or his duly constituted
representative shall be entitled to appear and be heard on a matter
before the Historic Commission.
(b)
The Historic Commission shall keep a written
record of its proceedings and actions, including all applications
received, and the official action of the Historic Commission on each
application, which shall be on file for public view in the office
of the Secretary.
(c)
Notice of the Historic Commission's meetings
shall be given in accordance with provisions for public notice established
in the Historic Commission's rules and regulations.
(d)
A quorum shall consist of four members.
E.
Applications, powers and procedures.
(1)
Application.
(a)
Any person, individual, firm or corporation
proposing to construct, alter, reconstruct, move, demolish or repair
any structure within an Historic District, if such changes would affect
its exterior appearance, shall file an application for permission
to undertake such construction, alteration, reconstruction, moving,
demolition or repair. The application shall be filed with the Department,
which shall forward the application, together with all relevant maps,
plans and all other data, to the Historic Commission.
(b)
Each application shall include all necessary
data required by the rules of the Historic Commission and shall be
advertised in such manner as provided for in the rules of the Historic
Commission.
(2)
It shall be the duty of the Historic Commission to
review any application to construct, alter, reconstruct or move any
structure within an Historic District if any such changes would affect
its exterior appearance and to approve or reject such application.
No permit for any such change may be granted until the Historic Commission
has acted thereon.
(3)
In reviewing an application, the Historic Commission
shall give consideration to:
(a)
The historic or architectural value and significance
of the structure and its relation to the historic value of the surrounding
area;
(b)
The relationship of the exterior architectural
features of such structure to the remainder of the structure and to
the surrounding area;
(c)
The general compatibility of exterior design,
arrangement, texture and materials proposed to be used;
(d)
Special features in historic areas, such as
their architectural integrity and spatial relationships among buildings.
Spatial relationships include courtyards, street patterns, the scale
of buildings and open space;
(e)
Distinctive stylistic features or examples of
skilled craftsmanship that characterize a building, structure or site
shall be treated with sensitivity;
(f)
The United States Secretary of the Interior's
Standards and Guidelines for Archeology and Historic Preservation;
and
(g)
Any other factors, including aesthetic factors,
which the Commission deems to be pertinent to the proposed application.
(4)
In determining actions which may be permitted, the
Historic Commission shall follow the following standards:
(a)
Deteriorated architectural features shall be
reconstructed rather than replaced wherever possible. In the event
that replacement is necessary, the new material should match the material
being replaced in composition, design, color, texture and other visual
qualities. Reconstruction or replacement of missing architectural
features should be based on accurate duplication of features, substantiated
by historic, physical or pictorial evidence, rather than on conjectural
designs or the availability of different architectural elements from
other buildings or structures;
(b)
The surface cleaning of structures shall be
undertaken with the gentlest means possible. Sandblasting and other
cleaning methods that will damage the historic building materials
shall not be undertaken; and
(c)
Every reasonable effort shall be made to protect
and preserve archeological resources affected by or adjacent to any
project.
(5)
The Historic Commission shall act on only the exterior
features of a structure and shall not consider interior arrangement,
nor shall it disapprove applications except with regard to the considerations
set forth above.
(6)
Nothing in this section of the chapter shall be taken
or construed to prevent work or repairs on any structure coming under
the heading of ordinary maintenance.
(7)
Intent of Historic Commission review.
(a)
It is the intent of these regulations that the
Historic Commission be strict in its judgment of plans for structures
deemed to be valuable according to studies performed for districts
of historic or architectural value.
(b)
It is not the intent of these regulations to
limit new construction, alteration or repair to any one period or
architectural style.
(c)
It is also the intent of these regulations that
an Historic Commission shall be lenient in its judgment of plans for
structures of little historic value or new construction except where
such plans would seriously impair the historic or architectural value
of surrounding structures.
(d)
It is recognized that there are a number of
structures within Historic Districts that are neither architecturally
nor historically significant or valuable and that most changes to
such structures, including demolition thereof, would not be detrimental
to an Historic District and may represent improvement thereof.
(8)
The Historic Commission shall have the right to petition
the County Council for designation of appropriate areas as Historic
Districts.
(9)
Special consideration.
(a)
In the case of an application for alterations
affecting the exterior appearance of a structure which the Historic
Commission deems of unusual importance to the county or unusual importance
to the entire state or nation, the Historic Commission shall endeavor
to formulate, with the owner, an economically feasible plan for the
preservation of such structure.
(b)
Unless the Historic Commission is satisfied
that the proposed construction, alteration, reconstruction, moving
or demolition will not materially impair the historic value of the
structure, the Historic Commission shall reject the application and
shall file with the Zoning Administrator and Building Inspector a
written copy of the rejection of such application.
(c)
No new applications for the same or similar
work shall be filed within one year after such rejection, except in
the event of a change in such structure arising from casualty.
(d)
If an application is submitted for construction,
reconstruction, alteration or for moving or demolition of a structure
that the Historic Commission deems of unusual importance and no economically
feasible plan can be formulated, the Historic Commission shall have
90 days from the time it concludes that no economically feasible plan
can be formulated to negotiate with the owner and other parties in
an effort to find a means of preserving the structure.
(e)
In the case of any such structure deemed to
be valuable for the period of architecture it represents and important
to the neighborhood or area within which it exists, the Historic Commission
may approve such application to demolish or alter such structure if:
[1]
Such structure is a deterrent to a major improvement
program which will be of substantial benefit to the county;
[2]
Retention of such structure would cause undue
financial hardship to the owner; or
[3]
Retention of such structure would not be in
the best interests of the majority of the community.
F.
Architectural easements. Wicomico County may purchase
architectural easements in connection with structures located in or
adjacent to an Historic District. Such easements shall grant to Wicomico
County the perpetual right to have the exterior appearance of any
structure upon which it is applied retained in substantially the same
character as when the easement took effect.
G.
Approval or rejection of application.
(1)
The Historic Commission shall file with the Zoning
Administrator and Building Inspector its certificate of approval,
modification or rejection of all applications submitted to it for
review. The Historic Commission shall set forth, in writing, its reason
for approval, modification or rejection of an application.
(2)
No work shall begin on any project until such a certificate
of approval has been filed.
(3)
In the case of rejection, such certificate shall be
binding on the Zoning Administrator and Building Inspector, and no
building permit for such change or construction shall be issued.
(4)
Failure of the Historic Commission to act within 45
days from the date an application is filed shall constitute approval
unless an extension is mutually agreed upon by the applicant and the
Historic Commission.
H.
Appeals. Any applicant, interested person or persons,
firm or corporation aggrieved by a decision of the Historic Commission
shall have the right to appeal that decision to the Board of Appeals.
Written notice of appeal shall be submitted to the Secretary of the
Board of Appeals within 30 days from the Historic Commission's decision.
A.
Purpose. The paleochannel is a buried riverbed estimated
to store approximately seven billion gallons of water. The known portion
of the channel extends into the northerly and central sections of
Wicomico County. This resource currently provides potable water for
the City of Salisbury and is an important future water supply for
the City of Salisbury and Wicomico County. Because of its vast potential
as a source of potable water, protective measures, in the form of
use limitations, performance standards and detailed review procedures,
are necessary to ensure that the channel is protected from contamination
resulting from environmentally incompatible land uses. The following
use restrictions and standards have been developed in order to conserve
and protect this vital natural resource.
B.
Establishment of boundaries. The Paleochannel District
shall be shown on the Official Zoning Map as a district overlying
the existing underlying base zoning district(s), including all that
area outside of the corporate limits of Salisbury shown as the paleochannel
on the Maryland Geological Survey Map, for the paleochannel. The boundaries
of this district may be changed from time to time as better information
concerning the location of the paleochannel may become known from
qualified scientific sources.
C.
Permitted uses. Permitted, special exception and accessory
uses shall be those allowed in the underlying zoning district in which
the property is located, except as hereinafter modified. Such uses
shall be subject to the regulations imposed for that underlying district,
unless a more specific requirement is provided for herein.
D.
Prohibited uses. The following uses are prohibited
in any district over which the Paleochannel Overlay District is applied:
(1)
Soil remediation facility.
(2)
Hazardous waste storage or facility.
(3)
Toxic waste storage or facility.
(4)
Infectious waste storage or facility.
(5)
Any use that will include the underground storage
or generation of materials that are ignitable, corrosive, reactive,
toxic, hazardous, infectious or chemical or petroleum laden. This
provision shall not apply to:
(a)
Existing industrial uses where materials that
are ignitable, corrosive, reactive, toxic, hazardous, infectious,
chemical or petroleum laden are part of the means of production; or
(b)
The storage of petroleum or chemicals incidental
to permitted agriculture uses.
(c)
Storage of natural gas or propane used for heating
and cooling the premises where located.
(d)
Above ground storage of such materials in compliance
with all State and Federal regulations which may from time to time
be promulgated.
(6)
Mineral extraction (i.e., sand, gravel and clay excavations)
or borrow pit operation.
(7)
Sanitary landfill.
(8)
Salvage or recycling yards and junkyards.
(9)
Rubble landfill.
(10)
Sludge storage or application.
E.
Application.
(1)
All proposals for either uses or development allowed
as permitted or special exception uses on any lot or parcel of land
which is wholly or partially located in the Paleochannel Overlay District,
shall first be reviewed and approved by the Planning Commission. These
provisions shall not apply to a single-family, or two-family residence;
an agricultural use; an on-site sign; a family day-care home (up to
eight children); or a home office (with no site disturbance).
(2)
An application for said use shall be made to the Zoning
Administrator.
(3)
The application shall include a site plan and include
the following information:
(a)
A narrative description by the applicant of
the proposed use and activities to occur on-site, including the types
of materials to be used and any process occurring on the site in question.
(b)
A natural, cultural, historic and archeological
features inventory of the site.
(c)
The features inventory shall clearly show on
the site plan the following information:
[1]
Hydric, alluvial and highly permeable soils
and slopes over 15%.
[2]
Wooded areas on the site.
[3]
Streams, free-flowing or intermittent.
[4]
Natural drainageways or swales.
[5]
Tidal or nontidal wetlands.
[6]
One-hundred-year floodplain boundaries.
[7]
The location of significant historic, cultural,
or archeological features.
[8]
Drainage basin boundaries.
[9]
Wellhead protection areas
(d)
The Planning Commission may request any additional
information it deems necessary be added to the required site plan.
(e)
Written review comments from the Wicomico County
Health Department.
(f)
One copy of any on-site mitigation plans for
nontidal wetlands or forest conservation or any other mitigation plan
as approved by any state or federal agency as may be required by law
if required by the Planning Commission.
(4)
Copies of any applications made to any state or federal
agency for approval of the proposed use on the site if required by
the Planning Commission.
F.
Development standards. In addition to the development
standards for the underlying zoning district in which the proposed
use is located, the following shall be required:
(1)
Alterations. No more than 85% of the site may be altered
in any manner. The Planning Commission, after reviewing justification
provided by the applicant, may permit disturbance on the remaining
15% of the site for minor grading and site preparation.
(2)
Removal. No more than 15% of any existing natural
vegetation, one inch or larger in size, on the site shall be removed
except as may be specifically authorized by the Planning Commission.
(3)
Slope. In reviewing the type of stormwater management
proposed for the use, the Planning Commission may require that a greater
amount of stormwater be stored on site than the minimum required under
the County Stormwater Management Regulations. In addition, the Planning
Commission may require a less steep slope than required by existing
regulations and may require that the applicant stabilize the banks
of all slopes and bottom of the stormwater management pond with sod
before such facilities can become operational. Any such additional
requirements by the Planning Commission shall first be submitted to
the Director of Public Works for review and comment.
(4)
Stream buffer. A minimum thirty-five-foot buffer shall
be retained abutting the bank of any free-flowing or intermittent
stream on site. Land areas included within this thirty-five-foot buffer
area may be counted toward the overall percentage of the site required
to remain undisturbed.
G.
Planning Commission review and approval procedures.
(1)
Once a complete application has been received by the
Zoning Administrator, and deemed of sufficient concern to warrant
a full review, the proposal for development of any lot or parcel of
land for any permitted use described herein shall be submitted to
the Planning Director for the preparation of a report to be reviewed
and approved by the Planning Commission.
(2)
The Planning Commission shall review the use, its
operating characteristics and the proposed location relative to any
existing or future possibility of contamination of the paleochannel
through the operation, storage or handling of raw or waste materials
or from the particular manufacturing, storage or other process proposed.
The Planning Commission may solicit any technical advice or information
it deems necessary in its review of the proposed use to assure that
possible contamination will not occur, including but not limited to
an environmental impact statement or any information necessary to
obtain any permit from any applicable state or federal agency or an
impact statement from an independent consultant to be selected by
the Planning Commission and paid for by the applicant.
(3)
If the Planning Commission is satisfied that the proposal
poses no risk of contamination to the paleochannel, the application
shall be approved and notice provided to the Zoning Administrator.
(4)
If the Planning Commission determines that there is
the potential that the proposal will contaminate or may pose a serious
risk of contamination to the paleochannel, then the request shall
be denied. A written findings of fact, listing the final decision
of the Planning Commission and its reasons for denial, shall be provided
within 90 days of the Planning Commission's action.
(5)
A proposal which has been rejected by the Planning
Commission may be resubmitted for review, provided that there has
been a major change in the method proposed for processing, storage
or handling of materials, products or wastes that eliminates or substantially
reduces the risk of contamination to the paleochannel.
A.
Purpose. The purpose of this district is to preserve,
protect and maintain those areas which were established as single-family
residential or are planned to be in predominantly single-family residential
development. Special restrictions are designed to encourage high standards
of residential development for single-family use, thus ensuring existing
and future residents of the continued advantages of low-density development
and compatible land uses, thereby resulting in stable property values
and neighborhoods. The following use restrictions and standards have
been developed in order to conserve and protect these neighborhoods.
B.
Establishment of boundaries. The Neighborhood Preservation
District shall be shown on the Official Zoning Map as a district overlying
the existing underlying zoning. The boundaries of this district may
be changed from time to time without the necessity of showing a mistake
in the original boundaries or a change in the neighborhood.
C.
Uses.
(1)
Permitted and accessory uses shall be those allowed
in the underlying zoning district in which the property is located,
except as modified in this section.
(2)
FAMILY
For any use that includes the term "family," the following
definition shall apply:
One person or two or more persons related by blood or marriage,
or a group of not more than two persons not necessarily related by
blood or marriage, in any case, living together as a single housekeeping
unit.
D.
Prohibited uses. The rental of guest rooms shall be
a prohibited use in districts over which the Neighborhood Preservation
District is applied.
