A.
Every lot created after the effective date of this chapter shall have the minimum number of square feet of land area as required by the Schedule of District Regulations (§ 225-74) or by the Wicomico County Health Department, whichever is greater.
B.
The maximum single-family residential density permitted on a tract of land shall be as set forth in the Schedule of Maximum Permitted Residential Densities (§ 225-75). In determining the number of dwelling units permitted on a tract of land, fractions shall be rounded to the nearest whole number.
A.
The Schedule of District Regulations (§ 225-74) indicates minimum lot widths and depths that are required.
B.
All lots on a cul-de-sac street shall have frontage
on the turnaround of not less than 25 feet.
C.
Frontages less than required above, as may be approved
by the Planning Commission, shall be shown on a subdivision plat to
be recorded in the land records of Wicomico County.
A.
No portion of any building may be located on any lot closer to any lot or property line than is authorized in the table set forth in § 225-74.
(1)
Where the wall of a building is not parallel with
the lot line or is broken or otherwise irregular, the average depth
of the setback requirements shall not be less than the otherwise required
setback requirements; provided however, that such wall shall at no
point be less than five feet from the lot line.
(2)
Ordinary windowsills, chimneys, cornices, decorative
features and fixed window air-conditioner units may extend not more
than two feet into any setback required.
(3)
An outside stairway, access ramp or open lattice-enclosed
fire escape and balcony may project into a required side or rear setback.
B.
Setback requirements shall be measured:
(1)
For buildings: from the property line or street right-of-way
line to a point on the lot that is directly below the nearest extension
of any part of the building that is substantially a part of the building
itself and not a mere appendage to it (such as a flagpole, etc.)
(2)
For other structures: from the most vertical portion
of the structure's periphery at ground level.
(3)
If the lot or property line is not readily determinable
(by reference to a recorded map, set irons, or other means), the setback
requirement shall be measured from the boundary line of any abutting
right-of-way. If the boundary line of the right-of-way is not readily
determinable, the setback requirement shall be measured from the center
line of the right-of-way and half the width of the right-of-way shall
be added to the minimum setback requirement.
(4)
Lots without public road frontage.
(a)
Front, side and rear setback requirements shall
be as required by the zoning district in which the lot is located.
(b)
The front setback requirement shall be measured
from where the accessway abuts the section of the lot on which the
main building is or is to be located or from the center line of such
accessway, whichever may apply, as determined by the Zoning Administrator.
C.
Front setback requirements.
(1)
The depth of any front setback required in any district
may be increased or decreased so that the front yard will approximate
the average depth of existing front yards of existing structures on
adjoining lots on each side or, if there are no adjoining structures,
the front yard shall approximate the average depth of the front yards
of the nearest structures on the same side of the street within 500
feet on both sides of the proposed structure.
(2)
On lots having multiple frontages, the front setback
required shall be provided on all streets.
(3)
An open unenclosed porch, paved terrace, or handicap
access ramp may project into a required front yard for a distance
of not more than 10 feet or within five feet of the front lot line,
whichever is more restrictive. This shall not be interpreted to include
or permit fixed canopies.
D.
The setbacks shown on all existing plats of record
shall take precedence, except that any variance granted by the Board
of Appeals shall be related solely to the public setback requirements.
E.
Any lot line abutting the right-of-way of any nonaccess
highway for the full length of the lot line shall be considered either
a side or rear yard as may apply.
F.
Accessory buildings and structures.
(1)
All accessory buildings and structures shall be contained
within the setback requirements as established for the front, rear
and side setback requirement provisions of the principal building
within each district, except as enumerated below or as specifically
required in this article:
(a)
Residential districts. No accessory building
to a residential use in any residential district, A-1 Agriculture-Rural
District, V-C Village Conservation District, or TT Town Transition
District shall be constructed closer than five feet to any rear or
side property lines.
(b)
Subdivisions created after April 1, 1968. No
accessory buildings or structures shall be constructed within front
or side setback requirements abutting a street, as established for
the principal building within the district.
(c)
Subdivisions created prior to April 1, 1968.
For corner lots, there shall be one front yard setback as required
for the district in which the lot is located and 15 feet on all other
side yards adjacent to a street for accessory buildings or structures.
[1]
The shorter street line of a lot abutting more
than one street shall be deemed the front, regardless of the location
of the entrance of the principal dwelling on the lot.
[2]
Where the length of two or more lot lines abutting
a street are equal, the front setback shall be as determined by the
Zoning Administrator.
(2)
Unless otherwise exempted by definition or the specific
requirements of this chapter, the following setback provisions shall
apply to the following accessory structures:
(a)
Recreation structures, including swimming pools,
tennis courts, skateboard ramps, handball courts and other such similar
facilities, including a concrete apron for an inground swimming pool
shall be five feet from any side or rear property line.
(b)
Decorative accessory buildings or structures.
Any decorative accessory buildings or structures, including wishing
wells, pump houses, gazebos, freestanding porches and other similar
structures, shall be no closer than five feet to any side or rear
lot line.
(c)
Fencing in all resource conservation and residential
districts may be installed but shall be no higher than eight feet
and may be placed at the rear or side property line and set back five
feet from the front property line or reservation/easement area, whichever
is greater.
A.
For purposes of this section:
(1)
The height of a building is the vertical distance
measured from the average elevation of the proposed or existing finished
grade to the highest point of the roof for flat roofs, to the deck
of mansard roofs, and to the mean height between eaves and ridge for
gable, hip and gambrel roofs. Notwithstanding the foregoing:
(a)
The height of a wall or structure, other than
a building, is the vertical distance from the highest point of a structure
to the average ground level of the grade where the walls or other
structural elements intersect the ground.
(b)
Special height computations apply for signs
and telecommunications towers.
(2)
Where a lot abuts on two or more streets or alleys,
of different average established grades in front of the lot, the higher
of such grades shall control.
B.
Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as indicated in § 225-74 (Schedule of District Regulations).
C.
Notwithstanding other regulations in this Part 7 or the maximum specified for the respective district, the height limits of this Zoning Chapter shall not apply to the following:
(1)
Belfries, steeples, silos, conveyors, cupolas, derricks,
domes, gas holders, fire escapes, fire towers, flagpoles, flues, minarets,
monuments, observation towers, parapet walls, smokestacks, rooftop
heating and cooling equipment, television antennas, farm buildings
and structures, chimneys, storage tanks, bulk storage structures or
tanks, water towers and poles.
(2)
Bulkheads, cooling towers, elevator enclosure, monitors,
penthouses, skylights, state towers and water tanks occupying less
than 25% of the area of the roof of the building on which they are
situated.
D.
Television antennas are allowed in all zoning districts.
E.
Visibility at intersections. On a corner lot in any
zoning district, nothing shall be constructed, erected, placed or
allowed to grow in such a manner as to obstruct vision between a height
of 2 1/2 feet and eight feet in height above the center line
grades of the intersecting streets in the triangular area formed by
extending the street lines of such corner lots to a point of intersection,
then measuring back from this point of intersection along each street
a distance of 25 feet to a point then connecting these two points
with a base line to form an isosceles triangle.
A.
Subject to the other provisions of this section, when
the remainder of a tract is developed for residential purposes, the
permitted density at which the remainder may be developed shall be
calculated in accordance with the provisions of this section if:
(1)
Any portion of a tract lies within an area designated
on any officially adopted county plan as part of a proposed public
park, greenway, or bikeway; and
(2)
The owner of the tract, before the tract is developed,
with the concurrence of the county, dedicates that portion of the
tract so designated.
B.
If the proposed use of the remainder is a single-family
detached residential subdivision, then the minimum lot size and minimum
setbacks in such subdivision may be reduced, as determined appropriate
by the Planning Commission, to permit the development at the density
calculated by regarding the dedicated portion of the original lot
as if it were still part of the lot proposed for development.
C.
If the proposed use of the remainder is a two-family
or multifamily project, then the permitted density at which the remainder
may be developed shall be calculated by regarding the dedicated portion
of the original lot as if it were still part of the lot proposed for
development.
D.
If the portion of the tract that remains after dedication as provided in Subsection A, is divided in such a way that the resultant parcels are intended for further subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the density bonus provided for in Subsections B and C.
A.
Purpose. The purpose of this section is to regulate
the spill over of light and glare on operators of motor vehicles,
pedestrians, and land uses in the proximity of the light source. With
respect to motor vehicles in particular, safety considerations are
the basis of the regulations contained herein. In other cases, both
the nuisance and hazard aspects of glare are regulated. This section
is not intended to apply to public streetlighting.
B.
General requirements.
(1)
All entrances and exits in buildings used for nonresidential
purposes and in two-family or multifamily residential developments
shall be adequately lighted to ensure the safety of persons and the
security of the buildings.
(2)
Lighting within any lot that unnecessarily illuminates
any other lot and substantially interferes with the use or enjoyment
of such other lot is prohibited. Lighting shall be designed so as
not to glare onto surrounding properties.
(3)
Site lighting shall be of low intensity from a concealed
source and shall not spill over into adjoining properties, buffers,
roadways, or in any way interfere with the vision of oncoming motorists.
(4)
No flickering or flashing lights shall be permitted.
(5)
Light sources or luminaires shall be located so as
to illuminate only pedestrian walkways and signage.
C.
Exterior lighting plan. An exterior lighting plan
that demonstrates compliance with the requirements of this section
and any other applicable lighting standards shall accompany any application
for site or development plan approval.
D.
District regulations.
(1)
C-1 Select Commercial District. Lighting not attached
to a building shall be no higher than 25 feet with cut-off fixtures.
(2)
C-2 General Commercial District. Lighting not attached
to a building shall be no higher than 35 feet with cut-off fixtures.
(3)
LB-2 Light Business and Residential District. Lighting
fixtures or poles shall not exceed 20 feet in height and shall have
cut-off fixtures when not attached to a building.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
|
Schedule of Maximum Permitted Residential
Densities1
| |||
|---|---|---|---|
|
Resource Conservation or Residential District/Development
Alternative
|
Minimum Lot Area Per Dwelling Unit
|
Minimum Lot Area Per Dwelling Unit with
Maximum TDRs2
| |
|
A-1 Agriculture-Rural
| |||
|
Conventional
|
15 acres
|
---
| |
|
Noncontiguous cluster3
|
3 acres
|
---
| |
|
A-1 cluster
|
3 acres
|
---
| |
|
V-C Village Conservation
| |||
|
Conventional
|
5 acres
|
3 acres
| |
|
PVCD
|
30,000 square feet
|
---
| |
|
R-8 Residential
| |||
|
Conventional
|
8,000 square feet
|
---
| |
|
Residential cluster
|
8,000 square feet
|
7,200 square feet
| |
|
PUD
|
6,000 square feet
|
5,500 square feet
| |
|
R-15 Residential
| |||
|
Conventional
|
15,000 square feet
|
---
| |
|
Residential cluster
|
15,000 square feet
|
---
| |
|
PUD
|
10,000 square feet
|
6,000 square feet
| |
|
R-20 Residential
| |||
|
Conventional
|
20,000 square feet
|
---
| |
|
Residential cluster
|
20,000 square feet
|
---
| |
|
PUD
|
10,000 square feet
|
7,000 square feet
| |
|
R-30 Residential
| |||
|
Conventional
|
30,000 square feet
|
---
| |
|
Residential cluster
|
30,000 square feet
|
---
| |
|
REC
| |||
|
Conventional
|
20,000 square feet
|
---
| |
|
TT - Town Transitional
| |||
|
Conventional
|
20,000 square feet
|
---
| |
|
Residential cluster
|
20,000 square feet
|
---
| |
|
PUD
|
10,000 square feet
|
---
| |
|
NOTES:
|
|---|
|
1The minimum lot area per dwelling unit listed in this table is for the purpose of computing the maximum number of detached single-family dwelling units that may be permitted on-site. Minimum lot sizes are as established in § 225-74. Maximum permitted residential densities for other types of dwellings units can be determined from the minimum lot size listed in § 225-74, or in some cases by reviewing Part 8, Special Standards for Particular Uses.
|
|
2See § 225-58 for additional information.
|
|
3See § 225-52 for additional information.
|
