A.
Uses permitted. Except as otherwise restricted by
this chapter, customary accessory structures and uses shall be permitted
in any district and development in connection with the principal permitted
use within such district and shall be subject to the requirements
within this section.
B.
It is recognized that a permitted [P] use as identified
on the Table of Permitted Uses[1] may sometimes constitute an accessory use to another principal
use. The Zoning Administrator shall make the determination of which
use(s) constitute a principal use and which use(s) constitute an accessory
use on a lot.
C.
General requirements.
(1)
Unless otherwise provided herein, no accessory structure
or building, other than a fence, shall be located in any required
front or side setback requirements or within any easement.
(2)
When an accessory use or structure is attached to
a principal use or structure, it then becomes a part of that use or
structure and must comply with the setback requirements for the principal
structure.
(3)
An accessory use or structure may not occupy more
than 35% of the area of a rear yard.
(4)
A utility trailer or truck body shall not be permitted
as an accessory structure.
(5)
A manufactured home, shipping or storage boxes, or
travel trailer shall not be used as a storage structure.
(6)
No accessory use or structure shall be permitted unless
the principal use or structure is previously existing or unless a
building permit has been approved for the principal use or structure.
(7)
Use of a motor vehicle parked on a lot, out of which,
or from which any goods are sold or stored, any services are performed,
or other business is conducted shall not be considered a principal
or accessory use.
D.
Supplemental district requirements.
(1)
In residential districts, accessory residential uses
and structures shall include but not be limited to:
(2)
In a C-2, I-1 and I-2 District, accessory uses and
structures are permitted as follows:
(a)
A single-family dwelling unit consisting of
a single- or double-wide manufactured home (in no event to include
a separate permanent residential dwelling) for the use of a resident
watchman or caretaker employed on the premises of any principal use
listed herein, except that a fully mobile residence or travel trailer
is limited to businesses or uses with outside storage of inventory.
(b)
Retail sales may be permitted as an accessory
use for products produced or distributed by principal uses, provided
that additional parking is provided for the amount of space devoted
to retail sales as required by Part 10.
(3)
In the LB-2 District accessory uses, incidental to
and associated with a permitted or special exception use may be permitted
as follows:
A.
An accessory apartment may be permitted, provided
that there shall be no more than one accessory apartment permitted
per lot and provided such accessory apartment shall comply with the
following standards.
C.
Design standards.
(1)
Purpose. Standards for creating accessory apartments
address the following purposes:
(a)
Ensure that accessory apartments are compatible
with the desired character and livability of Wicomico County's residential
districts;
(b)
Respect the general building scale and placement
of structures to allow sharing of common space on the lot, such as
driveways and yards; and
(c)
Ensure that accessory apartments are smaller
in size than the principal dwelling.
(2)
Generally. The design standards for accessory apartments
are stated in this section. If not addressed in this section, the
base district development standards apply.
(3)
Exterior finish materials. The exterior finish material
must be the same or visually match, in type, size, and placement,
the exterior finish materials of the principal dwelling.
(4)
Roof pitch. The roof pitch must be compatible with
the predominant roof pitch of the principal dwelling.
(5)
Trim. Trim on the edges of elements on the addition
must be the same in type, size and location as the trim used on the
rest of the principal dwelling.
(6)
Windows. Windows must match those in the principal
dwelling in proportion (relationship of width to height) and orientation
(horizontal or vertical).
(7)
Eaves. Eaves must project from the building walls
the same distance as the eaves on the rest of the principal dwelling.
(8)
Maximum size. The size of an accessory apartment may
be no more than 50% of the living area of the detached principal dwelling.
D.
Attached accessory apartment development standards.
All attached accessory apartments should meet the following:
(1)
An accessory apartment may only be created through
the following methods:
(2)
Location of entrances. Only one entrance may be located
on the facade of the principal dwelling facing the street, unless
the dwelling or attached dwelling contained additional entrances before
the accessory dwelling unit was created. An exception to this requirement
is entrances that do not access from the ground, such as entrances
from balconies or decks.
(3)
Parking. See Part 10.
E.
Detached accessory apartment development standards.
Detached accessory apartments must meet the following:
(1)
Setback requirements. An accessory apartment must
be set back at least:
(a)
Sixty feet from the front lot line, or 85 feet
from center of road whichever is greater; or
(b)
Behind the single-family dwelling or two-family
dwelling: six feet.
(c)
The same side and rear setback requirements
as would apply in the applicable district for the dwelling or building
to which the accessory apartment is associated shall apply for the
accessory apartment as well.
It is the intent of this section to minimize
problems which may arise from animal uses in residential districts
and to provide suitable standards for protection of health, safety,
or welfare of residents and preservation of those districts from indiscriminate
raising of animals.
A.
Animal uses in residential districts permitted:
(1)
Livestock. Horses, cows, ponies, donkeys, burros and
other domestic animals may be kept, raised or bred for the use and
enjoyment of persons residing on the lot involved, provided that only
one such animal shall be permitted for each 15,000 square feet of
land area.
(2)
Domestic pets. Cats, dogs, rabbits or other generally
recognized domestic pets may be kept or bred by persons residing on
the lot for their use and enjoyment.
(3)
Fowl. Ducks, quail, turkeys, squabs or pigeons may
be raised for the use of persons residing on the lot involved.
(4)
Animals, without qualification as to type or number,
may be kept, raised, bred and sold on any bona fide farm as defined
in this chapter.
(5)
These permitted use provisions for animals in residential
districts are meant to apply only outside of the dwelling on an individual
lot and are not intended to restrict the type or number of animals
within a dwelling.
B.
Uses prohibited: The keeping, raising or breeding
of any animals or fowl for sale as a business or commercial activity
is expressly prohibited under all circumstances.
C.
Animal quarters. All enclosures shall be contained
entirely within the rear yard of a lot and shall be so constructed
as to provide maximum protection against noise and odor to adjacent
property.
D.
Setback requirements. Animal enclosures shall be located
not less than five feet from an abutting rear property line or 10
feet from an abutting side property line.
Unless otherwise permitted or required by this
chapter:
A.
Building materials or supplies, and stockpiles of
sand, gravel, stone or other materials, either in a natural or altered
state, shall be set back 25 feet from all property lines.
B.
Outside storage for sales of equipment; machinery;
consignment sales; boats; mobile, modular or manufactured homes; utility
trailer and any other such items, excluding those parked in a parking
lot, as required by this chapter, shall be set back:
C.
District requirements.
(1)
C-1 Select Commercial and LB-2 Light Business and
Residential District. The outside storage of materials and open lot
display of any kind shall not be permitted.
(2)
C-2 General Commercial and C-3 Regional Commercial
Districts. The unenclosed outside storage of used equipment, materials,
tires or inoperable vehicles shall be prohibited. All storage areas
shall be screened from view. Such prohibition shall not apply to the
outdoor display of merchandise.
E.
Open top
storage structure.
[Added 10-4-2022 by Bill No. 2022-10]
(1)
DAF RESIDUALS
LIQUID ORGANIC SOIL AMENDMENT
OPEN TOP STORAGE STRUCTURE
Definitions.
Organic by-product material created at an animal processing
facility or rendering facility, including material collected by means
of a dissolved air flotation process.
A State of Maryland approved liquid organic soil amendment
produced from poultry or animal processing or rendering process, including
DAF residuals via a dissolved air flotation process.
An open or partially open structure, whether above ground,
partially above or below ground level or a lagoon type structure,
used for the storage of an agricultural product, by-product, soil
amendment and/or DAF residuals.
(2)
Open top structure storage of a liquid organic soil amendment and/or DAF residuals as defined above is prohibited in all zoning districts, except as provided in Subsection E(3) below. This prohibition is prospective.
(3)
The
prohibition stated herein shall not prohibit storage at the processing
location where legally created, nor a farmer or farming business from
temporarily storing liquid organic soil amendment and/or DAF residuals
in a mobile, closed container for a period of not more than 45 consecutive
days during the application process, provided that the land on which
it is stored is in the Wicomico County Agricultural-Rural A-1 Zoning
District and that the stored material is applied to the same land
on which it is stored.
A.
Gasoline pumps shall be located in accordance with
the following setback requirements:
(1)
Resource conservation and residential districts: 30
feet from all property lines.
(2)
C-3 Regional Commercial Districts: 50 feet from all
property lines.
(3)
Other commercial districts and light business and
industrial districts: 20 feet from the right-of-way or 15 feet from
the back of the sidewalk.
B.
Canopies over gasoline pumps shall adhere to the following
standards in the corresponding districts:
A.
Every use hereafter erected, reconstructed, converted, moved or substantially altered shall be located on a lot of record, and in no case shall there be more than one principal structure on a lot unless as provided in Subsection B below.
B.
More than one principal use may be located upon a
lot in the following instances, subject to the lot, yard and density
requirements and other provisions in this chapter:
C.
More than one principal structure or use may be located upon a lot if not specifically listed in Subsection B above, if such use is permitted by special exception.
D.
Where any land, building or structure is used for
more than one purpose, other applicable design and development provisions
of this chapter may also be modified by special exception.
[Added 10-4-2022 by Bill No. 2022-10]
A.
Open top
storage structure.
(1)
DAF RESIDUALS
LIQUID ORGANIC SOIL AMENDMENT
OPEN TOP STORAGE STRUCTURE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Organic by-product material created at an animal processing
facility or rendering facility, including material collected by means
of a dissolved air flotation process.
A State of Maryland approved liquid organic soil amendment
produced from poultry or animal processing or rendering process, including
DAF residuals via a dissolved air flotation process.
An open or partially open structure, whether above ground,
partially above or below ground level or a lagoon-type structure,
used for the storage of an agricultural product, by-product, soil
amendment and/or DAF residuals.
(2)
Open top structure storage of a liquid organic soil amendment and/or DAF residuals is prohibited in all zoning districts, except as provided in Subsection A(3) below. This prohibition is prospective.
(3)
The prohibition stated herein shall not
prohibit storage at the processing location where legally created,
nor a farmer or farming business from temporarily storing liquid organic
soil amendment and/or DAF residuals in a mobile, closed container
for a period of not more than 45 consecutive days during the application
process, provided that the land on which it is stored is in the Wicomico
County Agricultural-Rural A-1 Zoning District and that the stored
material is applied to the same land on which it is stored.
A.
General requirements.[1]
(1)
When no letter appears in the table, the use/structure
is not permitted in that district.
(2)
The list of permitted uses set forth in the table is all inclusive. All uses that are not listed in the Table of Permitted Uses are prohibited, except as permitted in § 225-67B, Unclassified uses, below.
(3)
Whenever a proposed use could fall within more than
one use classification in the Table of Permitted Uses, the Zoning
Administrator shall interpret the proposed use to be included in that
classification which most closely and most specifically describes
the proposed use.
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
B.
Unclassified uses. In the event an applicant wishes
to use property for a use which is not specifically identified as
a use on the Table of Permitted Uses, the following provisions shall
apply:
(1)
The Zoning Administrator shall submit to the Board
of Appeals an application for a determination of the unclassified
use.
(2)
The Board of Appeals shall review the request as submitted
and determine whether the proposed use is compatible with the district
in which it is proposed.
(3)
If the Board of Appeals determines that the use is
of a similar character and meets the intent of the permitted uses
within the district, then it shall instruct the Zoning Administrator
to issue a zoning authorization.
(4)
In the event that the Board of Appeals determines
that the proposed use in the district is consistent with the character
and intent of the uses permitted by special exception within the district,
then the applicant shall be authorized to apply for a special exception
in the normal manner.
(5)
This section shall not apply to the residential districts.
(6)
Once a use has been allowed by the Board, it shall
then be considered classified under the appropriate category in the
district.
C.
The presumption established by this chapter is that
all permitted uses of land in the county are provided for within at
least one zoning district.
