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Wicomico County, MD
 
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Table of Contents
Table of Contents
A. 
Provisions of this article, when found to be in conflict with other provisions of this chapter or Chapter 200, shall control.
B. 
Zoning authorization, building permits.
(1) 
Compliance with development plan or standards.
(a) 
Each individual use that locates in an approved planned development shall be reviewed by the Zoning Administrator to assure conformance with an approved comprehensive development and any standards established for the planned development.
(b) 
If the use conforms in all respects to the approved development plan for the site and the planned development, a zoning authorization and building permit may be issued.
(2) 
Noncompliance with development plan. No zoning authorization nor building permit shall be issued for a use which does not comply with an approved development plan or standards unless specifically approved by the Planning Commission.
A. 
Purpose. New development in the vicinity of the existing villages should be based on good site planning practices, including the careful consideration of existing land use characteristics, natural features and local architecture in planning and designing new development, structures, circulation systems and landscaping. New development permitted under the terms of the Planned Village Conservation District should result in the following:
(1) 
A distinct physical settlement surrounded by a protected greenway used for agricultural, forestry, recreational, and environmental protection purposes.
(2) 
Settlements of modest size and scale that accommodate and promote pedestrian travel rather than motor vehicle trips.
(3) 
Residentially scaled buildings fronting on, and generally aligned with, streets.
(4) 
Traditional village building and site development patterns with an interconnected pattern of streets, alleys, and blocks, providing for a balanced mix of pedestrians and automobiles.
(5) 
A functionally diverse, but visually unified, community focused on a central square.
(6) 
Neighborhood greens, landscaped streets, and boulevards woven into street and block patterns to provide space for social activity, parks, and visual enjoyment.
(7) 
Spaces for buildings for civic or religious assembly or for other common or institutional purposes that act as visual landmarks and symbols of identity.
(8) 
Spaces for dwellings, shops, and workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community.
(9) 
Preserved open space, scenic vistas, agricultural lands, and natural areas.
(10) 
Villages are intended to provide for a range of complementary uses and may contain a village residential area and a village core area. These areas are intended to provide for the diversity necessary for traditional village life, while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other.
(11) 
Village residential areas are characterized by a range of housing types, including single-family, and may also include accessory apartment(s). These areas include:
(a) 
Permanently protected open spaces, including greens and commons, and may also include greenway areas; and
(b) 
Private properties used for agricultural purposes at the edges of the village.
(12) 
The village core area is typically located at the center of one or more neighborhoods or may be located so as to function as an extension of an existing village core area.
(a) 
The village core may contain a mixture of residential, commercial, institutional or employment uses.
(b) 
Permitted commercial uses are primarily intended to meet the retail and service needs of the surrounding community.
B. 
Where permitted. A planned village conservation development (PVCD) is permitted in a Village Conservation District (V-C) subject to an approved development plan.
C. 
Permitted and special exception uses. Uses allowed in the PVCD shall be the same as that in the Village Conservation District, subject to the same approval process as required in the Table of Permitted Uses contained in § 225-67.
D. 
Density. The number of dwelling units permitted shall as provided in the § 225-75, Table of Maximum Permitted Residential Densities. When commercial uses are combined with residential uses, the density calculation for the residential units shall be unaffected by the inclusion of commercial uses.
E. 
Minimum land area: The proposed site for a PVCD shall contain a minimum site of five acres.
F. 
Bulk regulations.
(1) 
The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the planned village conservation development shall be established for each individual project by the Planning Commission. In establishing these requirements, the Planning Commission shall consider such factors as the proposed intensity of the project and the existing character of the neighborhood.
(2) 
When residential and commercial uses are combined on one lot, the minimum lot size shall be determined by considering:
(a) 
The land area needed for the commercial structure;
(b) 
Off-street parking area, ingress/egress;
(c) 
Any on-site infrastructure that is required (such as stormwater management areas); and
(d) 
Setbacks and landscaped buffers.
(3) 
Setback requirements. The following setback requirements shall generally apply unless modified as provided in Subsection F(1):
(a) 
For commercial uses, including residential and commercial uses combined on one lot:
[1] 
Front yard: 15 feet from the front property line.
[2] 
Side yard: 10 feet.
[3] 
Rear yard: 25 feet.
(b) 
Where structures exist on properties immediately abutting the lot on which a new structure is proposed, the required front setback requirements of the new structure shall be no less than that of the average of the existing structure(s).
(4) 
Maximum height. Structures, including residential uses and structures combining both residential and commercial uses, shall not exceed the lesser of:
(a) 
Height: 35 feet; or
(b) 
Stories: 2 1/2.
G. 
Minimum required open space.
(1) 
Open space: 25% of the gross site area.
(2) 
A portion of the required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above.
H. 
Evaluation criteria. Planning Commission shall consider the following criteria when reviewing an application for a planned village conservation development project:
(1) 
Preservation and maintenance of existing treelines, woodlands (especially those in excess of five acres in area or including mature trees), and fields, and preservation or creation of sufficient buffer areas to minimize conflicts between residential and other uses.
(2) 
Preservation of existing vistas, particularly as seen from public roadways, buffering of development within view of public roads with landscaping screens, maintained if existing, or created if none exist, and provision of adequate buffering on the periphery of the property.
(3) 
Design of open space areas to recognize natural features and maintain the character of the area.
(4) 
Design of roads to provide for appropriate traffic management, subject to the provisions of the Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 200, Subdivision of Land.
(5) 
Preservation of sites of historic, archaeological, or cultural value, and their environs, to safeguard the character of the feature.
(6) 
Provision of active recreational areas in suitable locations offering convenient access by residents, and with adequate separation and screening from nearby dwellings.
(7) 
Inclusion of a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the open space, and to commercial areas. All roadside paths should connect with off-road paths, which should link with open space.
(8) 
Provision of open space that is reasonably contiguous, integrated and not fragmented. The open space should generally abut existing open space land on abutting parcels, and should be designed as part of any existing or proposed larger contiguous and integrated greenway systems.
A. 
Purpose. A PBC shall be for the purpose of providing an alternative development scheme for the location and situation of uses permitted in the district and to encourage the clustering of light business uses in accordance with a predetermined subdivision and/or development design to ensure more efficient use of land and to reduce the cost of providing utilities.
B. 
Where permitted. A PBC may be permitted in accordance with an approved development plan in the:
(1) 
C-1 Select Commercial;
(2) 
C-2 General Commercial;
(3) 
C-3 Regional Commercial; and
(4) 
LB-1 Light Business and Institutional.
C. 
Permitted uses. All uses permitted in the LB-1 Light Business and Institutional District shall be permitted in a PBC.
D. 
Development standards:
(1) 
A PBC shall be located on a minimum site of three contiguous acres.
(2) 
If lots are to be sold in a PBC, the minimum lot area shall be 10,000 square feet.
(3) 
A PBC shall be developed in accordance with a development plan which shall contain all development standards listed herein including the following:
(a) 
A subdivision plat showing all lots in the proposed development, proposed curbs, gutters, sidewalks, shared facilities, landscaping, etc.
(b) 
A building envelope, formed by the building setback lines of a lot, within which buildings must be located, as determined by minimum setback requirements contained in this section for PBC.
(c) 
Evidence of covenants and restrictions relating to shared facilities and maintenance and responsibility for same.
(4) 
Minimum setback requirements for PBC:
(a) 
Front yard:
[1] 
The greater of:
[a] 
Forty feet from the property line; or
[b] 
Sixty-five feet from the center line of the roadway.
[2] 
Adjacent to a residential district, front setback requirements shall be the greater of:
[a] 
Fifty feet from the property line; or
[b] 
Seventy-five feet from the center line of the road.
(b) 
Rear yard:
[1] 
Twenty-five feet from the property line.
[2] 
Adjacent to a residential district: 40 feet from the property line.
(c) 
Side yard:
[1] 
One side yard:
[a] 
Ten feet; and
[b] 
Abutting a residential district: 20 feet on a side adjacent to a residential district.
[2] 
The remaining side yard(s) shall meet the total side yard requirements of the underlying district as required in the Schedule of District Regulations in § 225-74.
(d) 
Corner lots: A side yard facing a public street shall be the same as a front yard.
(5) 
Parking requirements. Off-street parking and loading and unloading space shall be provided in accordance with the provisions of Part 10.
A. 
Purpose. The purpose of this district is to provide for the establishment of industrial sites for a variety of industries and related activities within an exclusive industrial area cohesively designed. The district permits a broad range of uses in order to secure economic opportunities for present and future residents of the county. Regulations and standards are intended to ensure that industrial uses present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment.
B. 
A PIP may be permitted as a special exception with the approval of the Planning Commission on sites with a minimum of 15 contiguous acres.
C. 
Where permitted. The Planning Commission may permit a PIP with a development plan in the:
(1) 
I-1 Light Industrial; and
(2) 
I-2 Heavy Industrial Districts.
D. 
Permitted uses. Any uses permitted inherently or by special exception as contained in the I-1 and I-2 as may be enumerated in § 225-67, Table of Permitted Uses, and in Part 8, Special Standards for Particular Uses.
E. 
Development standards
(1) 
General standards. The site shall be designed so that:
(a) 
The location provides access to one or more suitable roads, and clearly demonstrates suitability for intended uses insofar as physical characteristics and relationship to adjacent development are concerned;
(b) 
An overall street system shall be provided with adequate widths, grades, drainage and paving to serve the industrial park;
(c) 
Overall systems for sewer, water and drainage shall be provided to adequately serve the proposed industrial uses;
(d) 
Provisions shall be made in the area for docking facilities if abutting navigable waters and for the extension of rails to those facilities;
(e) 
A maximum flexibility can be maintained in providing sites of various sizes, shapes and locations for the industries that may desire to locate here; and
(f) 
It will lend itself to an orderly series or stages of development, to ensure that access and utilities can be provided to each site at a minimum of expense and effort.
(2) 
The type of industrial activity to be conducted in this area shall be such that no noxious or offensive odors, dust, fumes, smoke or noise shall exist at a point beyond the confined area of that particular plant.
(3) 
Outdoor storage. All outdoor material or supply storage areas shall be screened with materials, as required by the Planning Commission.
(4) 
Front setback requirement limitations. No outside storage of materials or supply storage yards shall be permitted within the front setback requirement on each site.
F. 
Lot area requirement: 25,000 square feet.
G. 
Setback requirements.
(1) 
All buildings on lots adjacent to other districts or other industrial parks: 100 feet from the abutting property line or road.
(2) 
This setback area shall be attractively landscaped and maintained and may include a buffer of trees or shrubs and/or parking, as specified in the approved industrial park development plan.
(3) 
All other yard requirements and setbacks for buildings in the interior of an industrial park shall be in accordance with the approved development plan.
H. 
Parking requirements. Off-street parking and loading and unloading space shall be provided for all uses in accordance with the requirements of Part 10.