[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 11-3-2009 as Subtitle I of Title 1 of Bill No. 09-1. Amendments noted
where applicable.]
(a)
Comprehensive Plan. This Title has been
prepared in accordance with the County's Comprehensive Plan and with
reasonable consideration, among other things, to the character of
the land, its suitability for particular uses and orderly development.
(b)
Public health, safety, morals and welfare. The purpose of this Title is to promote and protect the health,
safety, morals and general welfare of the community; to prevent congestion
in the streets; to secure the public safety; to promote the conservation
and wise utilization of natural resources; to prevent pollution; to
affect the concentration but avoid the congestion of population; to
preserve the cultural heritage; and to facilitate the adequate provision
of transportation, water, sewerage, schools, recreation, parks and
other public requirements.
(c)
Public projects and plans. It is also
the purpose of this Title to bring about the coordination of public
and private development in the County by hereafter requiring, unless
specifically excepted herein, all County agencies and lands, structures,
buildings and uses thereof to be subject to the provisions of this
Title and to require all County agencies to submit their facility
projects and development plans to the County Planning Commission for
its review, recommendation and record.
(d)
Citing. This Title may be cited as the
"Worcester County Zoning Ordinance."
(e)
Authority. In addition to any other authority,
this Title is specifically authorized by Article XI-F of the Constitution
of Maryland and Articles 25A and 25B of the Annotated Code of Maryland,
as from time to time amended. It is subject to limitations and requirements
of Article 66B of the Annotated Code of Maryland, as from time to
time amended, only where specifically set forth.
(a)
Repeal of conflicting ordinances. All
ordinances or parts of ordinances in conflict with this Title are
hereby repealed to the extent necessary to give this Title full force
and effect. This shall specifically repeal the Worcester County Zoning
Ordinance (Title 1 of Bill 91-14, adopted March 10, 1992, as amended)
and the former Worcester County Zoning Ordinance, subject to the terms
hereof, but not repeal the existing Zoning Maps or classifications,
unless specifically provided for in § ZS 1-109 hereof.
The existing Zoning Maps are deemed to remain in full force and effect
until changed pursuant hereto. Where necessary for the regulation
of nonconforming uses as herein permitted, such prior ordinances and
enactments shall remain in full force and effect.
(b)
Severability. Should any section or provision
of this Title be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the Title
as a whole or any part thereof other than the part so declared to
be unconstitutional or invalid.
(a)
General interpretations. For the purposes
of this Title, certain terms or words used herein shall be interpreted
as follows:
(1)
The word "person" includes a firm, association,
organization, partnership, trust, company or corporation as well as
an individual.
(2)
The masculine shall include the feminine and the
feminine shall include the masculine.
(3)
The present tense includes the future tense.
(4)
The singular number includes the plural; the plural
number includes the singular.
(5)
The words "shall," "will" or "must" are mandatory;
the words "should" or "may" are permissive.
(6)
The word "used" or "occupied" includes the words
"intended, designed or arranged to be used or occupied."
(b)
ACCESSORY APARTMENT
ACCESSORY USE OR STRUCTURE
(1)
(2)
(3)
(4)
(5)
ADULT BOOK OR VIDEO STORE
ADULT ENTERTAINMENT OR MATERIAL
(1)
(2)
A.
B.
(3)
(4)
ADULT-ORIENTED BUSINESS
(1)
(2)
AGRICULTURAL ALCOHOL PRODUCTION
AGRICULTURAL PROCESSING PLANT
AGRICULTURE
AGRITOURISM
AIRFIELD
AISLEWAY
ALLEY
AQUACULTURE
ARCHITECTURAL REVIEW
ASSISTED LIVING FACILITIES
BAR
BASEMENT
BED-AND-BREAKFAST
BEDROOM
(1)
(2)
(3)
(4)
(5)
(6)
BERM
BILLBOARD
BOARD
BOATHOUSE
BOAT LANDING
BODY PIERCING ESTABLISHMENT
BREEDER
BUFFER
BUILDING
BUILDING ENVELOPE
BUILDING FACE, FRONT
BUILDING, HEIGHT OF
BUILDING OR YARD SETBACK LINES
BUILDING PERMIT
BUILDING SUPPLIES
BULK
CAFETERIA
CAMPGROUNDS
CANDELA
CASINO
CAT
CERTIFICATE OF OCCUPANCY OR USE
CHURCH, TEMPLE or MOSQUE
CLEAR SIGHT TRIANGLE
CLUSTERED HOUSING
COCKTAIL LOUNGE
COFFEE SHOP
COMMERCIAL
COMMUNITY SPACE
COMPOSTING
COMPOSTING FACILITY
COMPOSTING, IN SUPPORT OF
COMPREHENSIVE PLAN
COMPREHENSIVE (SECTIONAL) RECLASSIFICATION
CONSERVATION AREA
CONSOLIDATED DEVELOPMENT RIGHTS SUBDIVISION
CONSTRUCTION, BEGINNING OF
CONSTRUCTION, SUBSTANTIAL COMPLETION
CONTIGUOUS
CONTRACTOR SHOP
CONVENIENCE FOOD STORE
COOPERATIVE MOBILE OR MANUFACTURED HOME PARK
COUNTY COMMISSIONERS
CUL-DE-SAC
DAY-CARE CENTER
DAY-CARE HOME
DAY-CARE HOME, LARGE
DEPARTMENT
DEPARTMENT OF THE ENVIRONMENT
DISTRICT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DOCK
DOG
DORMITORY
DRAINAGEWAY
DREDGE SPOIL DISPOSAL SITE
DRIVE-THROUGH WINDOW/AREA
DRY NIGHTCLUB
DUPLEX
DWELLING, MULTI-FAMILY
DWELLING or DWELLING UNIT
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EASEMENT
ENVIRONMENTAL PROGRAMS DIVISION
ESSENTIAL SERVICES
EXISTING SIGNIFICANT TREES
FACADE
FACADE, FRONT
FACADE, PUBLIC
FAMILY or HOUSEKEEPING UNIT
FARM
FARM BUILDING GROUP
FAST-FOOD RESTAURANT
FENCE
FLAG LOT
FLOATING ZONE
FLOODPLAIN
FLOODWAY
FLOOR AREA, GROSS
FLOOR AREA, PUBLIC
FOOD WASTE
FOOD WASTE COMPOSTING FACILITY, AGRICULTURAL
FOOD WASTE COMPOSTING FACILITY, COMMERCIAL
FOREST
FORESTRY
FRONTAGE
GAMING FACILITY
GARAGE
GLARE
GRAIN DRYER
GRANDFATHERING
GREENHOUSE
GROUP HOME
HEALTH DEPARTMENT
HEIGHT
HISTORIC INN
HOME OCCUPATION
HOTEL or MOTEL
HVAC
IMPAIRED WATERS
INCIDENTAL
INTERPARCEL CONNECTOR
JUNKYARD (INCLUDING SALVAGE YARD)
KENNEL, COMMERCIAL
KEY ENVIRONMENTAL FEATURES
LANDSCAPING
LENGTH
LIGHT TRESPASS
LITTER
LIVESTOCK HANDLING OR CONTAINMENT AREA
LOADING SPACE, OFF-STREET
LODGER
LOT
LOT AREA, GROSS
LOT AREA, NET
LOT OF RECORD
LUMEN
MANUFACTURED HOME
MANUFACTURED OR MOBILE HOME PARK
MARINA
MASS, BUILDING
MASSING
MINIATURE GOLF
MOBILE HOME
MODULAR HOME
MODULE
MONOLITHIC GLASS UNITS
MOTEL
NATURALLY VEGETATED
NEIGHBORING
NIGHTCLUB
NIT
NONCOMMERCIAL
NONCONFORMING USE OR STRUCTURE
NON-POINT-SOURCE POLLUTION
NONREFLECTIVE GLASS
NUDITY
(1)
(2)
(3)
NURSERY, PLANT
NURSERY SCHOOL
NURSING FACILITY OR HOME
OBSTRUCTION
OFFICE
OFFICE, PROFESSIONAL
OPEN SPACE
OVERLAY ZONE
PANHANDLE LOT
PARAPET
PARKING LOT
PARKING SPACE, OFF-STREET
PARTIAL NUDITY
PATHWAY
PEDESTRIAN-ORIENTED DEVELOPMENT
PERMITTED PRINCIPAL USE AND STRUCTURE
PERSONAL SERVICE ESTABLISHMENT
PLANNING COMMISSION
PLANT NURSERY
PLEASURE CRAFT
POULTRY HOUSE
POULTRY OPERATION
PREMISES
PRIMARY CUSTOMER ENTRANCE
PRINCIPAL USE OR STRUCTURE
PRIVATE
PROPERTY LINE
PROPORTION
PUBLIC
QUALIFIED PROFESSIONAL
RECLASSIFICATION
RECREATION, ACTIVE
RECREATIONAL VEHICLE, RECREATIONAL TRAILER or RECREATIONAL PARK
TRAILER
RECREATION, PASSIVE
RECYCLING DROPOFF CENTER
REFLECTIVE GLASS
RESIDENTIAL PLANNED COMMUNITY
RESTAURANT
RETAIL ESTABLISHMENT
RIGHT-OF-WAY
RIGHT-OF-WAY, PUBLIC/PRIVATE
ROAD
ROAD, ACCESS
ROAD, APPROVED PRIVATE
ROAD LINE
ROAD, PUBLIC
ROAD, SERVICE
ROADSIDE STAND
ROOF PITCH
ROOF, PITCHED
ROOF SHAPE
ROOMER OR BOARDER
RURAL CLUSTER SUBDIVISION
SADOMASOCHISTIC ABUSE
SALES, RETAIL
SALES, WHOLESALE
SCALE, BUILDING
SCALE, HUMAN
SCALE OF DEVELOPMENT
SCALE, PEDESTRIAN
SCHOOL
SCREEN
SEASONAL CABIN
SELF-STORAGE
SENSITIVE AREAS
SEPTAGE
SEWAGE
SEWAGE SLUDGE
SHORT-TERM RENTAL (STR)
SIDEWALK
SIGN
SIGN FACE AREA
SIGNIFICANT AMOUNT (as relates to adult entertainment or materials)
(1)
(2)
(3)
SIGN, MONUMENT
SINGLE-FAMILY DWELLING
SOLID WASTE DISPOSAL SITE
SOURCE WATER
SPECIAL EXCEPTION, USE OR STRUCTURE
STACKING LANE
STORY
STREAM
STREETSCAPE
STRUCTURE
STRUCTURE, TEMPORARY
SUBDIVISION, MAJOR OR MINOR
SUPPORTED LIVING FACILITY
SWIMMING POOL
TATTOO ESTABLISHMENT
TELECOMMUNICATION FACILITIES
TOTAL MAXIMUM DAILY LOAD (TMDL)
TOWNHOUSE
TRANSIENT
TRANSPORTATION PLAN
TWO-FAMILY DWELLING
UNIFIED DEVELOPMENT
USE
UTILITY, PUBLIC
VARIANCE
VEHICULAR TRAVELWAY
VIEWING BOOTH
WALKWAY, INTERNAL
WALKWAY, PEDESTRIAN
WALL WASHER
WASTEWATER
WASTEWATER TREATMENT FACILITY
WATERCRAFT
WATERCRAFT, PERSONAL
WATER-DEPENDENT FACILITY
WATER PARK
WETLANDS BOUNDARY LINE
(1)
(2)
WETLANDS, NONTIDAL
WETLANDS, PRIVATE
WETLANDS, STATE
WETLANDS, TIDAL
WINERY
XERISCAPING
YARD DEFINITIONS AND MEASUREMENTS
YARD SALE
ZONING CERTIFICATE
ZONING MAPS
Definitions of words and phrases. For
the purposes of this Title, the following definitions shall apply:
A room or set of rooms fitted with housekeeping facilities.
A use or structure which:
Is clearly incidental to and customarily found in connection
with the principal use or structure;
Is subordinate to and serves the principal use or structure;
Is located on the same lot as the principal use or structure;
and
In the case of a structure, is not attached by any common wall
or by a common roof to the main structure.
Does not include waterfront structures specifically regulated
by the terms of the Natural Resources Article of the Code of Public
Local Laws of Worcester County, Maryland.
[Added 9-15-2015 by Bill
No. 15-10]
An adult-oriented business, whether or not containing viewing
booths, theaters, or other performance viewing space, that involves
the sale, rental, transfer, loan, dissemination, distribution, provision
or promotion of adult entertainment or material in the form of books,
magazines, newspapers, photographs, movies, videos, DVDs, CDs or other
audio/video recordings, or other electronic recordings, or in the
form of merchandise, objects, items or devices.
Any performance, depiction, or text that is intended to cause
or provide, or reasonably may be expected to cause or provide, sexual
stimulation, sexual excitement, or sexual gratification and:
In which an individual or individuals appear in the state of
nudity or partial nudity; or
That consists, in whole or in part, of action, activity, poses,
portrayal, depiction, or description of:
Human genitals in a discernable state of sexual stimulation
or arousal; or
Any act, whether real or simulated, of masturbation, sexual
intercourse, anal intercourse, sodomy, fellatio, cunnilingus, fondling
of the buttocks, anus, female breasts, pubic area, or genital area,
sadomasochistic abuse, physical contact or attempted contact with
clothed or unclothed genitals, pubic areas, buttocks, anus, or female
breasts; or
That consists of sexual contact with animals or inanimate objects;
or
Any merchandise, object, item, or device that is designed and/or
marketed with the intention of causing, or that reasonably may be
expected to cause, sexual stimulation, sexual excitement or sexual
gratification.
Any business, operation, or activity a significant amount
of which consists of:
The conduct, promotion, delivery, provision, or performance
of adult entertainment or material, including, but not limited to,
that occurring in, at, or in connection with a cabaret, lounge, nightclub,
dry nightclub, modeling studio, bar, restaurant, club, lodge, or similar
establishment; or
The sale, rental, transfer, loan, dissemination, distribution,
provision or promotion of adult entertainment or material, in any
format, form or medium, including, but not limited to, books, magazines,
newspapers, photographs, movies, videos, DVDs, CDs or other audio/video
recordings, other electronic recordings, and/or coin operated or pay-per-view
devices, including, but not limited to, the operation of an adult
book or video store or viewing booth.
An activity that is carried out by a license holder as defined
in § 1-101 of the Annotated Code of the State of Maryland,
Alcoholic Beverage Article, as may be amended from time to time, which
occurs on a farm as defined in § ZS 1-103(b) herein and
which is zoned as either A-1 or A-2 Agricultural District, and is
related to the manufacture, packaging, storage, distribution, promotion,
sale or tasting of alcoholic beverages that use any portion of ingredients
produced on the farm.
[Added 8-17-2021 by Bill
No. 21-7]
A building, facility, area, open or enclosed, or any location
for the refinement, treatment, or conversion of agricultural products
where physical, chemical, or similar change of an agricultural product
occurs. Examples of agricultural processing include but are not limited
to packing houses, cold storage houses, fruit dehydrators, hulling
operations, and the sorting, cleaning, packing, and storing of agricultural
products preparatory to sale and/or shipment in their natural form,
including all uses customarily incidental thereto. Agricultural processing
shall not include wineries or commercial manufacturing of secondary
products using agricultural products, such as kitchens, bakeries,
breweries, woodworking and wood processing plants, or biofuel processing.
The use of land, buildings and structures for forestry, dairying,
pasturage, crop growth, horticulture, floriculture, viticulture, the
raising of livestock and poultry for sale and including other conventional
agriculture uses and structures such as farm offices, commercial and
noncommercial greenhouses and nurseries, noncommercial fertilizer
storage, noncommercial maintenance, storage and repair facilities,
farm ponds, noncommercial grain dryers, barns, poultry and hog houses
and the storage and application of manure produced by farm animals
or poultry. The term "agriculture" shall not include commercial grain
dryers or dwellings and shall not include the storage or application
of sewage sludge. See definition of "farm."
A farm enterprise wherein activities are conducted on a working
farm and offered to the public for the purpose of recreation, education,
or active involvement in the farm operation and for promotion of farm
products and traditional rural living. These activities must be related
to agriculture, natural resources or traditional rural living and
be incidental to the primary operation of the site as a farm. The
term includes but is not limited to farm tours; pumpkin hunts; hay
rides; crop mazes; hay tunnels; petting, feeding and viewing of farm
animals; horse or pony rides; farm equipment rides; festivals; informational
displays or activities; classes or demonstrations related to agricultural
products or skills; and agricultural alcohol production including
packaging, storage, distribution, tastings and sales.
[Amended 8-17-2021 by
Bill No. 21-7]
See § ZS 1-345 hereof.
See "vehicular travelway."
A right-of-way over land affording a secondary means of access
to abutting properties.
The use of land, buildings and structures for the farming,
hatching, cultivating, planting, feeding, raising, shedding, harvesting
and culturing of finfish, shellfish, crustaceans, mollusks, amphibians,
reptiles or other aquatic plants or animals, or both, in lakes, streams,
inlets, estuaries, ponds and other natural, artificial or man-made
enclosed or impounded ponds, water bodies or water-containing structures.
Cultivation methods include, but are not limited to, seed or larvae
development and grow-out facilities, fish pens, shellfish floats or
rafts, racks and longlines, seaweed floats and the culture of clams
and oysters on tidelands and subtidal areas.
Regulations and procedures requiring the exterior design
of structures to be suitable, harmonious and in keeping with the general
appearance, historic character and/or style of Worcester County's
architectural traditions. A process used to exercise control over
a building's design, location and other characteristics along with
its setting.
A facility based either in a residence or a stand-alone facility
that provides housing and supportive services, supervision, personalized
assistance, health-related services, or a combination of such services
to meet the needs of residents who are unable to perform, or who need
assistance in performing, the activities of daily living in a way
that promotes optimum dignity and independence of the residents. For
the purposes of this Article, an assisted living facility shall not
be construed to mean a nursing facility or home.
An establishment or portion of an establishment used primarily
for the sale or dispensing of alcoholic beverages by the drink.
That portion of a building between the floor and ceiling
which is wholly or partly below grade and having more than one-half
of its height below grade.
A single-family, owner-occupied dwelling in which overnight
sleeping rooms are rented on a short-term basis and breakfast is provided
to transients. See § ZS 1-340 hereof.
A room that can be used for sleeping that meets all of the
following criteria:
[Added 10-15-2019 by
Bill No. 19-3]
Contains a minimum of seventy square feet of conditioned space
unobstructed other than by furniture and not including closets;
Is located along an exterior wall of the structure in which
it is contained;
Has an entry door and a closet;
Does not provide access to another room other than a bathroom
or a closet;
Has an emergency means of escape and rescue meeting the requirements
of the County Building Code adopted pursuant to § BR 1-201
of the Building Regulations Article when contained in a building for
which a building permit was issued on or after July 1, 1992; and
Is not all or any part of a hallway, bathroom, kitchen, living
room, family room, dining room, den, home theater/media room, breakfast
room or nook, pantry, laundry room, sunroom, recreation room, exercise
room or any other similar use.
An earthen mound designed to provide visual interest on a
site, screen undesirable views, reduce noise or provide a buffer from
adjoining uses.
An off-premises sign used, intended or designed for commercial
advertising located on a parcel other than the parcel upon which the
activity, product or service to which the sign attracts attention
or which it advertises is located. See § ZS 1-324 hereof.
The Worcester County Board of Zoning Appeals.[1]
A single-story structure limited to the storage of boats
and/or boat equipment and constructed over the water.
An area, ramp or hoist, including incidental bulkheading
and parking, designed to launch and recover watercraft.
Any facility performing a skin penetrating body adornment
procedure as defined by § PH 1-107 of the Public Health
Article of the Code of Public Local Laws of Worcester County, Maryland,
as from time to time amended.
Any person who maintains six or more intact female dogs,
cats or an aggregate thereof, over four months of age, on the premises
for any period of time, for the purpose of breeding and selling their
offspring, or sells puppies or kittens from a maximum of three litters
per calendar year.
[Added 6-15-2021 by Bill No. 21-4]
An area provided to reduce the conflict between two different
land uses. Buffers are intended to mitigate undesired views, reduce
noise and glare and provide greater privacy to neighboring land uses.
Typical buffers consist of plant materials, walls, fences, earthen
berms and/or significant land area to separate the uses.
Any structure which is designed, built or occupied as a shelter
for persons, animals or property. The term "building" shall include
tents, roadside stands, mobile homes, recreational trailers, vehicles
and other similar objects when used as a permanent shelter and shall
also include any part thereof.
The portion of a lot remaining for the construction of a
principal structure or dwelling once adjusted by all minimum yard
setbacks.
Any building face which can be touched by a line drawn perpendicular
to the road (public or private but not an interior vehicular travelway)
which the property borders.
The height for buildings and structures shall be measured
as the vertical distance from the average finished grade at the base
of the building to the highest point of the coping of a flat roof
or the ridge of a gable, hip, mansard, gambrel or other pitched roof.
Those lines which describe the required front, rear, side
and other setbacks as prescribed in the district regulations. See
§ ZS 1-305 hereof.
A written statement issued by the Department authorizing
the erection, expansion or alteration of a building or structure.
Lumber, hardware, hand tools, paint, prefabricated doors
and window frames, roofing supplies and other materials directly associated
with building construction, but excluding bulk concrete or asphalt.
The total volume of a structure.
A dining facility characterized by the customer passing through
a serving line whereby food is selected and taken to a table or off-site
for consumption; may also include dining halls or canteens.
See § ZS 1-318 hereof.
The Standard International base unit of luminous intensity
or the power emitted by a light source in a particular direction weighted
by the standardized sensitivity of the human eye.
A building or structure in which one or more gaming tables,
wagering devices or machines, or other games of chance are present
and available for persons to wager money or something of value on
an uncertain outcome, with an unassured prospect of winning money
or other stakes, prizes or something of value, including but not limited
to video lottery terminals, roulette, card games, dice, sports betting
and off-track simulcast horse race wagering. This definition does
not apply to games of chance operated by charitable organizations
licensed under County law.
[Added 10-20-2020 by Bill No. 20-7]
An animal of the Felis Catus species, commonly known as the
“common house cat.”
[Added 6-15-2021 by Bill No. 21-4]
A written statement issued by the Department authorizing
the occupancy or use of lands, buildings, structures or combinations
thereof consistent with the terms of this Title. The certificate of
occupancy or use shall also be construed to mean a zoning certificate
and shall serve as such. See § ZS 1-115 hereof.
A building used for religious services or worship by a group
of people.
A triangular shaped area of land at the intersection of roads,
or a road and a driveway, within which nothing may be erected, planted,
placed, or allowed to grow in such a manner which will obstruct the
vision of motorists entering or leaving the intersection. The triangular
area shall be that area bounded by the road right-of-way lines of
two or more roads or by the road right-of-way line and the edge of
any driveway surface and a straight line joining points on said right-of-way
or driveway lines thirty feet from the intersection. Nothing shall
exceed forty-two inches in height (at maturity if plant materials)
above the established street grade where erected, planted, or placed
within this clear sight triangle.
See § ZS 1-307 hereof.
A room or other portion of a restaurant which serves alcoholic
beverages and is accessory to the principal use as a restaurant.
An establishment having as its principal business the preparation
and sale of nonalcoholic beverages and limited amounts of food. In
a coffee shop the principal method of operation is not characterized
by customers being provided with an individual menu and being served
their food and drink by a restaurant employee at the same table or
counter at which said items are consumed but is instead characterized
by a posted menu and customers placing and receiving their order at
a counter, for off-premises consumption or consumption at a table
on-premises. In establishments where internet service is provided
by means of hardwired terminals, a maximum of six computer terminals
for customer use are permitted. A coffee shop is allowed in all zoning
districts which permit a restaurant.
Any activity conducted with the intent of realizing a profit
from the sale of goods or services to others. Agricultural and home
occupations, as defined herein, shall not be considered commercial
enterprises.
An area devoted to the public as an amenity. The space can
include covered areas, drinking fountains, sitting benches, water
features, plazas, courtyards, etc. It shall not include storage or
display areas for merchandise or other service/utility areas.
The controlled aerobic biological decomposition of organic
waste material to yield a nuisance-free, humus-like product.
[Added 10-18-2022 by
Bill No. 22-18]
An area of land, structures, and/or facility where composting
takes place.
[Added 10-18-2022 by
Bill No. 22-18]
Activities and the means used to conduct any phase of composting,
including but not limited to feedstock receipt, feedstock storage,
active composting, curing, compost storage, composting equipment storage
or maintenance, or storage of any solid waste or noncompostable materials.
[Added 10-18-2022 by
Bill No. 22-18]
The Worcester County Comprehensive Plan, adopted March 7,
2006, including future amendments thereto.
A major reclassification covering an entire geographic region
of the County, initiated by the Planning Commission or County Commissioners.
An area protected and maintained generally in its natural
condition in which disruption from development (other than for trails)
and/or active recreational activities are prohibited. Areas in which
vegetation is reestablished following disruption and otherwise meeting
the previous conditions are also considered conservation areas.
The subdivision of a single parcel or tract of land in the
A-2 or E-1 Districts where the resultant number of lots created exceeds
that permitted by the typical minor subdivision regulations as contained
in § ZS 1-311 as a result of the transfer of subdivision
rights from adjoining properties held in common ownership as of the
effective date of this Article. See § ZS 1-309.
The placement of construction materials in a permanent position
and fastening them in a permanent manner on the site as a part of
the proposed structure. Completion and approval by the Department
of the building foundation shall be considered beginning of construction.
The placement of at least seventy-five percent of the necessary
construction materials in a permanent position and fastening them
in a permanent manner on the site as a part of the proposed structure.
Relative to the construction of a building, completion and approval
by the Department of the exterior of the structure, including the
roof, windows, doors and siding, shall be considered substantial completion
of construction.
Sharing an edge or boundary.
An establishment used for the repair, maintenance, or storage
of a contractor's vehicles, equipment, or materials and the fabrication
of related products. A contractor's shop may include the contractor's
business office and incidental retail sales where specifically permitted.
An establishment which sells packaged and/or prepared foods
and beverages and other convenience items for consumption off the
premises and where no seating is provided.
A mobile or manufactured home park wherein the property in
its entirety is under collective ownership by a corporation whose
shareholders participate in the benefits of said collective ownership
and shares of the corporation are owned, entitling an owner or owners
to occupancy of a portion of real estate owned by the corporation.
Cooperative mobile or manufactured home parks are intended and designed
to be occupied by mobile or manufactured homes, as defined in § ZS 1-103
hereof. A cooperative mobile or manufactured home park shall furthermore
mean one established pursuant to Subtitle 6B of Title 5 of the Corporations
and Associations Article of the Annotated Code of Maryland, as from
time to time amended, and which is known as the "Maryland Cooperative
Housing Corporation Act."[2]
The County Commissioners of Worcester County, Maryland.
The circular terminus of a public road or approved private
road.
A nursery school or caretaking facility providing adult supervision
and care for not fewer than three persons not members of the caregiver's
family in the caregiver's home or in a building outside of the home.
A day-care center does not include a day-care home as herein defined.
A dwelling unit or manufactured or mobile home in which daytime
adult supervision is provided for up to eight children not members
of the caregiver's family under the age of sixteen and in which the
caregiver regularly resides.
A dwelling unit or manufactured or mobile home in which daytime
adult supervision is provided for nine to twelve children not members
of the caregiver's family under the age of sixteen and in which the
caregiver regularly resides.
[Added 2-18-2014 by Bill No. 14-1]
The County department designated by the County Commissioners
to administer and enforce this Title. See § ZS 1-111
hereof.
The Maryland Department of the Environment, including the
local official having delegated authority.
A portion of the unincorporated territory of the County,
unless modified by § ZS 1-107 hereof, within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this Title.
The term "A District" shall mean either the A-1 or A-2 District.
The term "E District" shall mean the E-1 District.
The term "V District" shall mean the V-1 District.
The term "R District" shall mean any R-1, R-2, R-3 or R-4 District.
The term "C District" shall mean any C-1, C-2 or C-3 District.
The term "I District" shall mean either the I-1 or I-2 District.
The term "CM District" shall mean the CM District.
The term "RP District" shall mean the RP District.
Any facility, including piers and boat slips but excluding
boathouses, for the mooring, berthing, wet storage or securing of
watercraft.
An animal of the Canis Familiaris species, commonly known
as a “domestic dog,” and including those animals that
have been crossbred with the species Canis Lupus, commonly known as
a “wolf.”
[Added 6-15-2021 by Bill No. 21-4]
A building intended or used principally for sleeping accommodations
where such building is related to an educational or public institution,
including religious institutions, or is intended to provide housing
for employees of an off-site business. Such structures may include
incidental kitchen facilities and common gathering rooms for social
purposes.
A minor watercourse that is defined either by the presence
of intermittent or perennial streams or topography that indicates
a swale where surface sheet flows join, including the land, except
where areas are designated as floodplain, on either side of and within
fifty feet of the center line of any intermittent or perennial stream
shown on the United States Geological Service's seven-and-one-half-minute
quadrangle sheets covering the unincorporated areas of the County.
A site used for the disposal of material dredged from off-site
tidal or nontidal waters or streams (except such material from an
approved surface mining operation) and transported to the site by
any means, excluding the disposal of dredge spoil material disturbing
less than five thousand square feet of land area and containing less
than one hundred cubic yards of dredge spoil material, and excluding
the disposal of dredge spoil in open water or tidal wetlands as part
of a shoreline protection, wetland restoration or island creation
project, and excluding the disposal of dredge spoil material on any
of the lands of the County Commissioners of Worcester County, Maryland,
established, by resolution, as a central disposal site.
An opening in the wall of a building or structure intended
to be used to provide for sales and/or service to patrons who remain
in their vehicles.
An establishment in which the primary use is as a gathering
place for people regardless of age limitations for purposes of entertainment,
dancing, social discourse and other social activities in the nature
of those generally associated with social clubs, nightclubs, dance
halls and after hours clubs as American culture has defined by historical
experience and having hours of operation during the period between
5:00 p.m. and 5:00 a.m., but not including theaters, schools, bona
fide service clubs, veteran's organizations or churches and establishments
holding alcoholic beverage licenses. The Department shall make the
determination of which establishments constitute a dry nightclub.
See "dwelling, two-family."
A building containing three or more dwellings designed for
or used exclusively for residential purposes. For purposes of this
Title, a townhouse shall not be considered a multi-family dwelling.
Any building or portion thereof occupied or intended to be
occupied for residential purposes by a single family or housekeeping
unit, but not including a watercraft, tent, seasonal cabin, recreational
vehicle or trailer, assisted living unit, supported living facility
unit, or a room in a hotel, motel or boardinghouse, and having at
least five hundred square feet of livable gross floor area.
[Amended 6-20-2017 by
Bill No. 17-6]
A detached dwelling unit designed for use or used exclusively
for residential purposes by one family or housekeeping unit, having
at least five hundred square feet of livable gross floor area and,
except where specifically permitted by the primary district regulations,
only one single-family dwelling may be located on an individual lot
or parcel.
A detached building containing two dwelling units and used
exclusively for residential purposes by not more than two families
or housekeeping units, each of which shall have at least five hundred
square feet of livable gross floor area. The terms "two-family dwelling"
and "duplex" are synonymous.
The right to use a specifically identified portion of a lot
for a specifically identified purpose without having title to the
land.
That division of the Department that is delegated by the
Maryland Department of the Environment with certain duties, powers
and functions as provided in the State Environmental Article for the
administration and enforcement of certain environmental laws, including
but not limited to on-site wastewater treatment and disposal and potable
water.
See § ZS 1-121 hereof.
Trees existing on the site that are six inches in caliper
(diameter) or greater measured at four and one-half feet above existing
grade.
The portion of any exterior building elevation extending
from grade to the top of the parapet, wall or eaves and extending
the entire width of the building.
Those portions of a facade which can be touched by a line
drawn perpendicular to the road (public or private but not an interior
vehicular travelway) which the property borders.
Any building side that is visible from public or private
rights-of-way and/or the faces that contain a public entry.
An individual, two or more persons related by blood or marriage
or a group of not more than five persons not related by blood or marriage
living together as a single housekeeping group in a dwelling unit.
Immediate family shall be restricted to children, grandchildren and
great-grandchildren, parents, grandparents and great-grandparents
and their husbands or wives and children and to brothers and sisters
and their husbands, wives and children.
A lot or parcel of five or more acres which is conscientiously
and consistently managed for bona fide agricultural purposes.
One or more principal and accessory buildings located on
a farm and used for residential or agricultural purposes. To be located
in the farm building group is to be in, among or immediately adjacent
to such group.
An establishment whose principal business is the sale of
previously prepared or rapidly prepared food directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building or off the premises.
A fixed structure designed to prevent escape or intrusion
or to define property.
A polygonal-shaped lot that has the appearance of a flag
with staff or panhandle in which the handle or staff provides the
required minimum road frontage and which may be used as the point
of access to a street or road. The terms "flag lot" and "panhandle
lot" are synonymous.
A zoning district of undetermined location in which the proposed
kind, location, size and form of structures must be preapproved and
which is legislatively predeemed compatible with the areas in which
it may be located, provided that specified standards are gratified
and actual incompatibility is not revealed. A floating zone district
consists of a prescribed set of permissible land uses that are not
attached in advance to any particular geographic area but are allowed
to float over the entire area until located or anchored upon a specific
property.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation,
or any area subject to the unusual and rapid accumulation or runoff
of surface waters from tidal action or from any source, specifically
including those areas subject to flooding by the waters of the one-hundred-year
flood as shown on the United States Department of Housing and Urban
Development, Federal Insurance Administration, Flood Insurance Rate
Maps for the County.
The designated area of a floodplain required to carry and
discharge floodwaters of the one-hundred-year flood as defined in
the definition of "floodplain" herein.
The total area of all floors or portions of floors in a structure
and measured from the outside to the outside of exterior walls.
The total area of all floors or portions of floors in a structure
or exterior use area and measured from the inside wall or dimension
to the inside wall or dimension of the public use area used for commercial
purposes and does not include attic space providing headroom of less
than seven feet, storage areas, work areas, refuse areas, exterior
steps, stairways, fire escapes, rest rooms, utility areas or other
similar areas not normally accessible to customers or to the general
public.
Source-separated organics from residential curbside or dropoff
programs and nonresidential sources, including pre-consumer and post-consumer
food scraps and nonrecyclable paper, but not including residuals from
industrial food processing.
[Added 10-18-2022 by
Bill No. 22-18]
An area of land and/or structures where food waste is composted
for use in conjunction with a bona fide agricultural activity.
[Added 10-18-2022 by
Bill No. 22-18]
An area of land and/or structures where food waste is composted
for sale. The composted product may also be used on the property in
conjunction with a bona fide agricultural activity.
[Added 10-18-2022 by
Bill No. 22-18]
A biological community dominated by trees and other woody
plants covering a land area of one acre or more. This also includes
forests that have been cut but not cleared.
The growing and management of trees for cutting and/or sale.
The dimension of a lot measured at the front lot line along
a public or approved private road or, if the front lot line is curved,
along the chord of the arc.
A casino with table games and/or video lottery terminals
as regulated under COMAR Title 36 as from time to time amended and
any buildings, facilities or rooms functionally or physically connected
to the casino, including but not limited to any bar, restaurant, hotel,
cocktail lounge, nightclub, retail establishment, exhibition hall,
or arena or any other facility located under the control of a casino
licensee or affiliated company.
[Added 10-20-2020 by Bill No. 20-7]
A structure for the storage, sale, hire, care or repair of
vehicles. A private garage is one intended for and used only for the
storage of private motor vehicles or personal property of persons
residing upon the premises.
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
A facility for drying grain.
A provision whereby certain types of prior approvals remain
valid despite changes to regulations which would negate or limit those
approvals. See § ZS 1-126.
A structure designed or intended for the enclosed growing
of shrubs, flowers, vegetables or other plants.
A state-licensed community residential facility housing and
providing habilitative services to eight or fewer developmentally
disabled persons, not including staff, and functioning as a single
household under staff supervision.
The County Health Department.
See "building, height of."
An existing historic or architecturally significant dwelling
which is converted into an inn for transient overnight guests. To
be considered historic, a dwelling must be on the National Register
of Historic Places.
A business conducted in a dwelling or a single accessory
building in accordance with the provisions of § ZS 1-339
hereof.
An establishment for transients consisting of any number
of sleeping rooms in permanent buildings, each room or suite of rooms
having complete sanitary facilities and separate entrances, including
a hotel, motor hotel, motor lodge, tourist park, tourist court, cottage
court and similar establishments, but not including a boarding- or
lodging house.
Heating, ventilating, and air conditioning.
Those waters designated as either Category 4 or Category
5 on the Maryland Integrated Report of Surface Water Quality as required
by the United States Environmental Protection Agency pursuant to the
Federal Clean Water Act.
Subordinate and minor in significance and bearing a reasonable
relationship to the primary use.
A road or travelway designed and/or constructed within a
development or on a parcel and intended to provide for present or
future access to adjacent properties or developments.
Any land or building used for the storage, keeping, collecting,
salvage, sale, exchange, disassembling, wrecking, baling, recycling
or handling of paper, rags, wood, scrap metals or other scrap or discarded
materials, including automobiles or other vehicles and equipment not
in operable condition, but does not include pawn shops and buildings
for the sale, purchase or storage of used furniture and household
equipment or land or buildings used for the sale of used cars or other
machinery in operable condition or the processing of used or salvaged
materials as part of manufacturing operations. Recycling dropoff centers
shall not be considered as "junkyards."
An establishment which maintains for commercial breeding,
treatment, boarding, sale, leasing, rental, training or exhibition
a pack or collection of more than five dogs, cats or an aggregate
thereof, over four months of age, on the premises for any period of
time, other than a licensed veterinary facility. A commercial kennel
shall not include any person who maintains no more than eight dogs,
cats or an aggregate thereof, over four months of age, for personal
use or companionship, hunting, exhibition, field working, or obedience
trials, which may include the sale of puppies or kittens from a maximum
of two litter(s) per calendar year, regardless of the size of the
litter by the property owner or tenant.
[Added 6-15-2021 by Bill No. 21-4]
Those sensitive areas as defined herein that are found on
a particular site.
The combination of natural elements such as trees, shrubs,
ground covers, vines, or other organic and inorganic materials which
are installed for purposes of creating an attractive and pleasing
environment, softening building views, screening unsightly views,
reducing environmental impacts, filtering air pollution, and minimizing
noise.
The horizontal long axis of an element.
Light spill falling over property lines that illuminates
adjacent grounds or buildings in an objectionable manner.
The offspring at one birth of a multiparous animal.
[Added 6-15-2021 by Bill No. 21-4]
Any barn, shed, stable, kennel, paddock, corral, pen, yard
or similar structure or area used to accommodate three or more head
of livestock for the purpose of commercially breeding, feeding or
boarding or experimentation with such livestock.
Space designed for bulk pickups and deliveries by highway
transport or delivery vehicles and accessible to such vehicles when
off-street parking spaces are filled.
A person who receives sleeping accommodations, which may
also include meals, for compensation in all or any portion of any
dwelling unit for twenty-eight consecutive days or less.
[Added 10-15-2019 by
Bill No. 19-3]
A plot or parcel of land having at least the minimum area
required by this Title for a lot in the district in which such lot
is situated and having its principal frontage on a public road, approved
private road, or right-of-way or access easement for lots approved
as a rural cluster subdivision. Parcels in single ownership separated
by a road shall be considered as separate parcels. A lot of record
shall be considered a lot. See § ZS 1-305 hereof for
other lot definitions and methods of measurement.
The gross area of a lot, parcel or other piece of land shall
be calculated as the area bounded by the property lines.
The net area of a lot, parcel or other piece of land shall
be calculated as the area bounded by the property lines, except that
the public and private rights-of-way, state wetlands and the area
of the strip connecting to the road in the case of a panhandle or
flag lot shall not be included as part of the net lot area unless
specifically permitted for the structure or use involved. Easements
other than required road widening strips may be included in the net
lot area, and private wetlands and easements may be included as part
of any yard setback unless otherwise prohibited.
A plot or parcel of land delineated upon the land records
of the County as of July 27, 1965, or any validly recorded platted
lot of a subdivision or parcel of land which, at the time of its recording,
complied with all applicable laws, ordinances and regulations.
A measurement of reflected light used to describe projection
devices. A lumen is the amount of light energy reflecting off one
square meter area at a constant distance of one meter from a one-candela
light source.
A factory built structure which is manufactured or constructed
after June 15, 1976, under authority of 42 U.S.C. § 5403,
Federal Manufactured Home Construction and Safety Standards Act of
1974, as from time to time amended, and designed to be used as a single-family
residential dwelling with or without a permanent foundation and which
is not constructed with a permanent hitch or other device allowing
it to be moved other than for the purpose of moving to a permanent
location and which does not have any wheels or axles permanently attached
to its body or frame. The placing of a manufactured home on a permanent
foundation or the construction of additions, porches and the like
shall not change the classification of such manufactured home. Recreational
trailers and vehicles and modular homes are not considered as manufactured
homes.
Any area or tract of land designed or used for the parking
or other type of installation of manufactured or mobile homes on spaces
or lots offered for lease, rent or use, with or without compensation,
including all improvements, buildings, structures, recreation areas,
or other facilities for the use of the residents of such development.
A manufactured or mobile home park does not include sales lots on
which unoccupied manufactured homes are parked for inspection or sale
or to manufactured or mobile homes used as farm dwellings or accessory
structures or for seasonal use as permitted herein.
A facility for the launching, recovery, berthing, mooring
or securing of watercraft and shall include boat landings and ramps.
The three-dimensional bulk of a structure, defined by its
height, width and depth.
Provision of architectural features giving a structure a
sense of depth or three-dimensional characteristic.
A novelty golf game played with a putter on a miniature course
having tunnels, bridges, sharp corners or other similar obstacles.
A detached residential or business unit manufactured prior
to June 15, 1976, and not required to be constructed in accordance
with the Federal Manufactured Home Construction and Safety Standards
Act of 1974 and which contains not less than five hundred square feet
of gross livable floor area in the original manufactured unit and
was designed and intended for repeated or periodic transportation
in one or more sections on the highway on a chassis which is permanent
or designed to be permanent and arriving at the site where it is to
be occupied complete and ready for occupancy except for minor and
incidental unpacking and assembly of sections, location on jacks or
other foundations, connection to utilities and the like. The placing
of a mobile home on a permanent foundation or the construction of
additions, porches and the like shall not change the classification
of such mobile home. Recreational trailers and vehicles and modular
homes are not considered as mobile homes.
A detached residential or business unit, built to the specifications
of a recognized building code, containing not less than five hundred
square feet of gross livable floor area in the original manufactured
unit and designed and intended for delivery by transportation on the
highway for permanent assembly on a permanent and separately constructed
foundation. A modular home may be considered a single-family dwelling.
A modular home must meet the requirements and definitions of the Maryland
Industrialized Buildings and Mobile Homes Act[3] as in effect as of the date of the passage of this Title.
A visually distinct section of a larger building. Individual
modules are characterized by offsets or changes in roofline from the
adjoining module and may have color, trim or other distinguishing
characteristics.
Doors or windows made of a large pane of glass.
See "hotel."
A landscaped area planted with species of which at least
seventy-five percent are native to Worcester County. These areas are
planted according to the afforestation or reforestation standards
of the County's current forest conservation program.
Buildings within one-half mile or within three adjacent properties
in either direction along the property's road frontage, whichever
is less, and including properties along both sides of the roadway.
An establishment in which the primary use is the sale of
alcoholic beverages and which provides entertainment and/or an area
for dancing.
A measurement of direct light used to describe the brightness
of a display. A nit is equal to one candela per square meter measured
perpendicular to the rays from the source.
Any activity conducted for personal use or enjoyment without
the intent of realizing a profit through the sale of goods or services,
or any use or activity conducted by a nonprofit organization.
See § ZS 1-122 hereof.
Pollution consisting of constituents such as sediment, nutrients
and organic and toxic substances from diffuse sources, such as runoff
from agricultural and suburban or rural land development and use.
Glass through which the viewer can clearly and equally see
objects on the other side from both sides of the glass. Such glass
does not produce a mirror image of its surroundings.
The showing of the human male or female genitals, pubic area,
anus or buttocks with less than fully opaque covering;
The showing of the female breast with less than a fully opaque
covering over any part below the top or uppermost part of the nipple;
or
The showing of the covered male genitalia in a discernibly turgid
state.
The growing and/or selling of trees, shrubs and other plants.
An educational organization presenting formal instruction,
maintaining a regular faculty and curriculum, having a regularly enrolled
body of students less than six years of age and having a place where
its educational activities are carried on.
A facility, other than one which offers domiciliary or personal
care, which offers non-acute in-patient care to patients suffering
from a disease, condition, disability or advanced age, or terminal
disease requiring maximal nursing care without continuous hospital
services and who require medical services and nursing services rendered
by or under the supervision of a licensed nurse together with convalescent
services, restorative services, or rehabilitative services. For the
purposes of this Article, a nursing facility or home shall not be
construed to be an assisted living facility.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
wire, fence, stockpile, refuse, fill, vegetation, structure or matter
in, along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of the flow of water, either in itself or by catching or collecting
debris carried by such water, or that is placed where the flow of
water might carry the same downstream to the damage of life or property.
A room or group of rooms used for conducting the affairs
of a business, profession, service industry, or government.
Professional or government offices including accounting,
auditing, bookkeeping services, advertising agencies, architectural,
engineering, planning, surveying, attorneys, counseling services,
court-reporting services, data processing and computer services, detective
agencies, educational, scientific and research organizations, employment,
secretarial and word processing, consulting services, and the like.
Land intended for active or passive recreation or the growing
of trees, vegetable, field or nursery crops or for purposes of conservation
of natural resources and free of residential, service, business or
industrial structures and uses.
A special zoning district, which overlays a primary and/or
floating zoning district, in which the regulations for the overlay
district are supplemental to the primary and/or floating zoning district
regulations.
See "flag lot."
The portion of a wall that extends above the roofline.
A surfaced area of one or more parking spaces designed or
used for the parking of self-propelled vehicles and available to the
public, whether for a fee or as an accommodation to customers or clients.
A designated space reserved for the parking of an automobile,
which is located in such a way that no parking or maneuvering incidental
to parking shall be on any public street, road, sidewalk or alley
and which is so designed that any automobile may be parked or unparked
without moving another.
A state of dress in which opaque clothing or material covers
primarily and little else other than:
A cleared way for pedestrians and/or bicycles that is made
of pervious materials and in a more informal manner.
Development which is designed with a primary emphasis on
the street sidewalk or connecting walkway access to the site and building,
rather than on auto access and parking lots. In pedestrian-oriented
developments, buildings are typically placed relatively close to the
street and the main entrance is oriented to the street sidewalk or
a walkway. Although parking areas and garages may be provided, they
are not given primary emphasis in the design of the site.
Subject to applicable district and other regulations, such
use or structure may be conducted or erected on any legal lot within
the districts so specified without the prior approval of the County
Commissioners, Planning Commission or Board of Zoning Appeals, with
the exception of permitted principal uses requiring site plan review
in accordance with § ZS 1-325 hereof.
An establishment providing nonmedically related services,
including banks, savings and loan, beauty and barber shops, clothing
rental, shoe repair shops, health clubs or exercise facilities, tanning
salons, chiropractic clinics, garment repair, photographic studios
and the like.
The Worcester County Planning Commission.
See "nursery, plant."
A watercraft used for noncommercial recreational purposes.
A chicken house, poultry farm or hatchery or any combination
of such structures or areas for the commercial hatching, raising,
breeding or feeding of fifty or more chickens, turkeys, pheasants,
ducks or similar fowl at any one time. Poultry houses shall not include
any food processing of fowl.
An activity conducted on a farm as defined herein which may
utilize a variety of components, including poultry houses, manure
storage structures, feed storage structures, and structures for the
disposition or composting of dead birds and/or manure, including the
collection and processing of waste gasses for energy production, or
any combination of such structures and associated use areas for the
commercial hatching, raising, breeding or feeding of chickens, turkeys,
pheasants, ducks or other fowl. A poultry operation shall not include
any processing of fowl for human or animal consumption.
[Added 4-25-2017 by Bill
No. 17-3]
A tract of land, including the structures and buildings thereon.
The building elevation which fronts on a public street, public
parking lot, private parking lot available to the general public,
or pedestrian walk where the principal customer access to a structure
is available. For the purposes of this definition each establishment
in a building shall have only one primary customer entrance.
[Added 10-20-2015 by
Bill No. 15-11]
The primary activity or structure for which a site is used.
A principal use or structure may be either a permitted principal or
a special exception use or structure.
Any land or structure not owned and operated by a public
or quasi-public jurisdiction or organization.
The boundary of a lot or group of lots used in combination.
The geometric relationship of a structure's vertical and
horizontal elements, as conveyed by that structure's height, width
and depth, as well as the relationship of its elements (windows, doors,
detailing and other surface features). Proportion is essentially a
perception, i.e., what is visible.
Any land or structure owned and operated by a public or quasi-public
jurisdiction or agency for the public benefit.
A person or firm who, by reason of training and/or experience,
is qualified, as determined by the Department, to perform the function
required.
The changing of the zoning classification which applies to
a particular area of land. Also known as a "rezoning."
Recreational uses, areas or activities oriented toward potential
competition and involving special equipment. Playgrounds, sports fields
and courts, swimming pools and golf courses are examples of active
recreation uses.
See § ZS 1-318 hereof.
Recreational uses, areas or activities oriented to noncompetitive
activities which typically require no special equipment. Trails and
areas for hiking, picnicking and bird-watching are examples of passive
recreation uses.
A facility in which the sole purpose is the collection and
temporary storage of recyclable materials from the general public
and which are to be regularly picked up for transportation to an intermediate
processing center. Examples of recyclable materials include glass
containers, aluminum cans, wastepaper and plastic.
Glass which is opaque or nearly opaque, producing a mirror
image of its surroundings by transmitting nearly all light back from
its surface regardless of the angle of the viewer.
See § ZS 1-315 hereof.
Any establishment where food and drink are prepared, served
and consumed and whose design or principal method of operation is
characterized by customers being provided with an individual menu
and being served their food and drink by a restaurant employee at
the same table or counter at which said items are consumed.
A commercial enterprise that provides goods and/or services
directly to the consumer, where such goods are available for immediate
purchase and removal from the premises by the purchaser. Retail establishments
include but are not limited to hardware, grocery, drug, flower, clothing,
dry goods, variety, liquor, crafts, antiques, gifts, furniture and
appliances.
A land or water area legally separated from abutting properties,
used for travel, access, utility location or other purposes.
Any public or private road or access easement intended to
provide public access to any lot/development but excluding any internal
vehicular travelways or aisles within parking lots.
Includes street, avenue, drive, circle, square, court, lane,
highway, cul-de-sac or any other term of general usage describing
a right-of-way intended for vehicular use.
A road providing a single point or limited points of connection
to a higher-order road and intended to provide for direct ingress
and egress to adjacent properties or developments fronting thereon.
A road which meets the right-of-way requirements of a public
road, is approved by the County Commissioners, provides a means of
private access to abutting properties and is privately owned and maintained.
The existing or proposed right-of-way line of any road.
A public right-of-way listed in the inventory of public roads
of Worcester County which provides a means of public access to abutting
properties.
A road generally aligned parallel to a higher-order road
with limited access to such higher-order road and intended to provide
for direct ingress and egress to adjacent properties or developments
fronting thereon.
A stand, vehicle or structure used or designed to be used
for the display or sale of agricultural products.
The angle of roof slope defined by the change in rise in
inches over the run of twelve inches.
A roof with a pitch of no less than three inches of rise
in twelve inches of run, typically referred to as a "three in twelve
pitched roof."
The pitch, slope and configuration of a roof. The most common
examples are gable and shed roofs.
A person who receives sleeping accommodations, which may
also include meals, for compensation in all or any portion of any
dwelling unit for more than twenty-eight consecutive days and who
is not part of the resident family.
[Added 10-15-2019 by
Bill No. 19-3]
A group of two to six lots created from one or more parcels
of land where the lots do not front on a public or approved private
road but connect to such a road by a private right-of-way or access
easement and where each lot other than the first or last lot shares
at least two lot lines in common with other lots in the same cluster.
See § ZS 1-308.
Any act or depiction of nude or partially nude humans engaged
in:
The sale of commodities or goods in small quantities to ultimate
consumers.
The sale of merchandise (commodities or goods) to retailers,
to industrial, commercial, institutional or professional business
users or to other wholesalers.
The relationship of a particular building, in terms of building
mass, to other nearby and adjacent buildings.
The proportional relationship of buildings and spaces to
people. A human scale gives users of the built environment a sense
of comfort and security by utilizing site and building design elements
corresponding in size to the human body. Also see "scale, pedestrian."
The relationship of a particular project or development,
in terms of its size, height, bulk, intensity, and aesthetics, to
its surroundings.
The proportional relationship between the dimensions of a
building or building element, street, outdoor space, or streetscape
element and the average dimensions of the human body, taking into
account the perceptions and walking speed of a typical pedestrian.
Also see "scale, human."
An educational organization that has the primary function
of presenting formal instructions, normally maintains a regular faculty
or curriculum, has a regularly enrolled body of students and has a
place where its educational activities are carried on. The term "school"
includes primary, secondary, preparatory, trade, vocational and high
schools and colleges and universities but does not include nursery
schools.
The sole purpose of a screen is to block views. A screen
should be constructed of opaque materials and be of such height as
to be effective in obstructing unwanted views.
A cabin designed for and utilized for seasonal, periodic,
transient occupancy and not as a permanent residence. The term "seasonal
cabin" shall include "summer cabin" wherever it appears herein and
vice versa.
A building or group of buildings separated into self-contained
compartments leased to individuals, organizations or businesses for
self-service storage of personal or business property.
Areas comprised of but not limited to tidal and nontidal
wetlands and their buffers, the one-hundred-year floodplain, forested
areas, existing significant trees, greenways, areas of critical or
special habitat, threatened and endangered species habitat, source
water and aquifer recharge protection areas, the Chesapeake or Atlantic
Coastal Bays Critical Area, stream beds, creeks, rivers, estuaries,
bays, and water bodies on the state's impaired waters list or having
an established total maximum daily load requirement.
The liquid and solid material pumped or removed from chemical
toilets, septic tanks, seepage pits, privies, cesspools or holding
tanks when the system is cleaned and maintained.
Any human or animal excretion, domestic waste or industrial
waste.
Any thickened liquid, suspension, settled solid, incinerator
ash or dried residue that a sewage treatment plant extracts from sewage,
regardless of its classification under any other law or regulation.
All or a portion of any dwelling unit or all of an accessory
apartment that is rented to a lodger for sleeping accommodations on
a basis not to exceed twenty-eight consecutive days. Short-term rentals
do not include bed-and-breakfast establishments. See § ZS
1-351 hereof.
[Added 10-15-2019 by
Bill No. 19-3]
An improved surface made of impervious or pervious materials
that is used as a pedestrian walkway and is typically separated from
a roadway.
Any device designed to inform or attract or having the effect
of informing or attracting the attention of persons on or not on the
premises on which the device is located by use of words, numbers,
symbols, emblems, trademarks, devices, images, pictorial presentations,
illustrations, or graphics. Signs are intended to convey a directional,
informational or commercial marketing message and include displays
on trailers or vehicles primarily situated or used to serve the purpose
of a sign rather than incidental to the transportation function of
the vehicle. Signs may be fixed, portable, on a structure, be flags,
pennants, banners or inflatable devices, be affixed to utility poles
or be suspended from balloons, kites or other airborne devices. Signs
affixed to airplanes in operation in the air are not considered signs
for the purpose of this Title. The definition of a "sign" shall not
include any site decoration which does not include a commercial marketing
message. See § ZS 1-324 hereof.
The area of a sign including the copy area. It is measured
to the outside of the sign's edge or frame but shall not include mountings.
At least twenty percent of the stock in the establishment or
on display consists of adult entertainment or material or houses or
contains devices depicting, describing, or relating to adult entertainment
or material; or
At least twenty percent of the usable floor area is used for
the display or storage of adult entertainment or material or houses
or contains devices depicting, describing, or relating to adult entertainment
or materials; or
At least twenty percent of the gross revenue is, or may reasonably
be expected to be, derived from the provision of adult entertainment
or material.
A freestanding sign supported primarily by an internal structural
framework or integrated into landscaping or other solid structural
features other than support poles and where the base of the sign structure
is on the ground or a maximum of twelve inches above the adjacent
grade.
See "dwelling, single-family."
Landfills and other areas where waste, refuse, discarded
or other materials are abandoned. See § ZS 1-329 hereof.
Untreated water from streams, rivers, lakes or underground
aquifers that is used to provide drinking water as well as to supply
private wells used for human consumption.
A use or structure that would not be appropriate generally
or without restriction throughout a district but which, if controlled
as to number, area, location or relation to the surrounding land,
could be appropriate within that district. Such uses and structures
may be permitted as special exceptions only if specific provision
for such use or structure is made in the applicable district regulations.
See § ZS 1-116 hereof.
A surface designed to accommodate a motor vehicle waiting
for entry to any drive-in facility or auto-oriented use, which is
located in such a way that a parking space or access to a parking
space is not obstructed.
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it, then the space between such floor and the ceiling next above
it. The first story shall be considered the lowest story of which
the ceiling is seven feet or more above the average finished grade.
Furthermore, there shall be no habitation permitted within any space
above the highest story permitted as specified in §§ ZS 1-201
through ZS 1-215 hereof.
A stream shown as perennial or intermittent on the most recent
seven-and-five-tenths-minute topographic quadrangle published by the
United States Geological Survey.
A design term referring to all the elements that constitute
the physical makeup of a street and that, as a group, define its character,
including building frontage, street paving, sidewalks, street furniture,
landscaping, including trees and other plantings, awnings and marquees,
signs, and lighting.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground or a building as defined herein. "Structures" include walls,
fences and signs.
A temporary building or structure, including a mobile home
or recreational vehicle, erected or placed on a site which is incidental
to construction work on the premises or for the purpose of providing
emergency housing for displaced occupants of a damaged or destroyed
dwelling and in conformance with the provisions of § ZS 1-334
hereof.
See § ZS 1-311 hereof.
A facility provided by a nonprofit religious, educational,
or philanthropic organization or by public agencies to indigent, needy
or homeless persons for an extended period of time and which may also
provide meals, counseling, and other services as well as common areas
for the residents of the facility. Such facilities may include two-family
and multi-family units with kitchen and bathroom facilities in the
unit as well as group residential facilities with common kitchens
and bathrooms. Such supported living facilities may also include offices
associated with the facility itself and multi-purpose rooms to provide
support services, staff training, meetings and other services related
to the organization. Support services may include parenting education,
life skills education, computer classes or other services related
to the organization's program. Additionally, such facilities may include
thrift stores operated by the organization which engages in the sale
or resale of previously owned or used goods and merchandise which
is donated.
[Added 6-20-2017 by Bill
No. 17-6]
A permanent man-made structure intended for swimming, located
either indoors or outdoors.
Any facility performing tattooing as defined by § PH
1-103 of the Public Health Article of the Code of Public Local Laws
of Worcester County, Maryland, as from time to time amended.
A structure, device or apparatus consisting of antennas (including,
but not limited to, panels, dishes, whips and omnidirectionals), mounting
hardware, and all related equipment necessary to operate various telecommunications
systems including personal communications services (PCS) and cellular
transmitting and receiving sites, as well as monopoles, freestanding
towers, guyed towers, and other support and elevational assisting
devices. For purposes of this Title, telecommunications uses shall
also include television and radio broadcasting facilities.
An established amount of a pollutant, plus a margin of safety,
that a waterbody can assimilate and still attain water quality standards.
A single-family dwelling unit constructed as part of a series
of three or more attached single-family dwelling units separated from
one another by vertical party walls and having at least five hundred
square feet of livable gross floor area each.
When referring to a person, a person occupying or intending
to occupy all or any portion of a structure for lodging on a temporary
basis not to exceed twenty-eight consecutive days.
[Amended 10-15-2019 by
Bill No. 19-3]
The official Transportation Plan for Worcester County.
See "dwelling, two-family."
Projects which are designed and constructed under a comprehensive
and coordinated plan of development approved by the Planning Commission
or Board of Zoning Appeals. It is the intent of a "unified development"
to permit greater design flexibility by applying the lot, road frontage,
parking and other requirements of this Title to the development as
a whole rather than to each individual building, even though such
individual buildings may be subdivided from the rest of the parcel.
Unified developments may involve multiple parcels under joint or separate
ownership and may include a mixture of zoning district classifications.
Only construction of townhouses, construction of multi-family housing,
residential planned communities, commercial or industrial developments
or parks, and planned senior developments may be determined to be
unified development.
Any purpose for which any structure or tract of land may
be used, occupied or maintained; also, any activity, occupation, business
or operation carried on or intended to be carried on in a structure
or on a tract of land.
Any use or structure, except essential services as defined
in § ZS 1-121 hereof, which provides to the general
public such services as water, sewerage, sewage treatment, electricity,
piped gas or telecommunications.
See § ZS 1-116 hereof.
Any area upon which vehicles travel to access a property,
parking areas or spaces, structures and uses, or any combination thereof.
Vehicular travelways include aisleways and driveways but do not include
any public or approved private roads.
A space or area in which a display device is located for
purposes of viewing pictures, films, videotapes, or other images.
All pedestrian walkways located within a site.
A surfaced walkway, separate from the traveled portion of
a public or private right-of-way or parking lot/driving aisle. They
provide connectivity and interconnectivity to and through a development
for pedestrians. Walkways are made of pervious or impervious materials.
A wall-mounted light fixture, the sole purpose of which is
to project its light onto the building in a fan-like effect.
Any liquid waste substance, including sewage, derived from
industrial, commercial, municipal, residential, agricultural, recreational
or other operations or establishments and other liquid waste substance
containing liquid, gaseous or solid matter and having characteristics
which have the potential of polluting any ground or surface water.
See § ZS 1-328 hereof.
Any vessel that is used, is capable of being used or was
originally designed to be used as a means of transportation on water.
A small vessel that uses an outboard motor or an inboard
motor powering a water jet pump as its primary source of motive power
and that is designed to be operated by a person sitting, standing
or kneeling on, or being towed behind the vessel, rather than in the
conventional manner of sitting or standing inside the vessel.
Any development of land that must be located on the shoreline
by reason of the intrinsic nature of its operation. These facilities
include but are not limited to:
An amusement park consisting of multiple recreational attractions
involving water, including pools, slides, fountains, and other water-dependent
amusements.
In the case where land abuts tidal waters, the boundary line
between wetlands and fastlands as defined by the Maryland Wetlands
Act,[4] as from time to time amended, and as shown in the Official
Wetlands Boundary Maps of the State Department of Natural Resources
as the same may be adjusted in the field.
In the case where land abuts nontidal waters, the boundary line
between regularly flooded freshwater marsh and fastlands or the boundary
line between freshwater and fastlands. Farm ponds, man-made freshwater
lakes, wastewater lagoons, intermittently flowing streams, upland
wetlands and drainage ditches and floodplains thereof shall not be
considered wetlands and are not subject to the wetlands boundary line
provisions of this Title.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support and
that under normal circumstances does support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." Nontidal wetlands are identified
by the most recent federal definition and guidelines for identifying
and delineating jurisdictional wetlands.
Any land not considered state wetland, bordering on or lying
beneath tidal waters, which is subject to regular or periodic tidal
action and supports aquatic growth. This includes wetlands transferred
by the state by a valid grant, lease, patent or grant confirmed by
Article 5 of the Declaration of Rights of the Constitution to the
extent of the interest transferred.
Any land under the navigable waters of the state below the
mean high tide, affected by the regular rise and fall of the tide.
Wetlands of this category which have been transferred by the state
by a valid grant, lease, patent or grant confirmed by Article 5 of
the Declaration of Rights of the Constitution shall be considered
private wetlands to the extent of the interest transferred.
Include all private and state wetlands as defined herein.
An agricultural processing facility used for the commercial
purpose of processing grapes and other fruit products to produce wine
or similar nondistilled spirits.
Landscaping characterized by the use of vegetation that is
drought-tolerant or of low water use in character.
See § ZS 1-305 hereof.
The temporary display and sale of personal property along
any public or approved private road. See § ZS 1-341
hereof.
A written statement issued by the Department authorizing
the use of lands, buildings, structures or combinations thereof consistent
with the terms of this Title. The zoning certificate shall also be
construed to mean a permit for occupancy or use and shall serve as
such. See § ZS 1-115 hereof.
The Official Zoning Maps of the County, together with all
amendments subsequently adopted thereto.
[1]
Editor’s Note: The definitions of "boarder or lodger"
and "boarding or lodging house," which immediately followed this definition,
were repealed 10-15-2019 by Bill No. 19-3.
[2]
Editor’s Note: The definition of "country inn," which
immediately followed this definition, was repealed 10-15-2019 by Bill
No. 19-3.
[3]
Editor's Note: See Public Safety Article of the Annotated
Code of Maryland, § 12-301 et seq.
[4]
Editor's Note: See § 16-101 et seq. of the Environmental
Article of the Annotated Code of Maryland.
(a)
Applicability of Title. Except as hereinafter set forth, all County agencies and land, structures and the use thereof shall be subject to this Title, including the procedures for applications, reviews and approvals. All County agencies shall submit their proposed facility projects, including new construction and major expansion or renovation, and their proposed facility development plans to the Planning Commission for review and comment. Failure to allow sufficient time for the review process shall not be cause for a waiver of this subsection except as provided in Subsection (b) hereof.
(b)
Procedure for review and approval. The
Planning Commission shall review and comment on submitted proposals
within thirty days, unless an extension is mutually agreed to by the
Planning Commission and the submitting agency. The Planning Commission's
comments shall only be advisory and shall be made on behalf of the
County in its proprietary and not regulatory capacity. No such proposal
shall be approved or adopted by any County agency until the Planning
Commission's comments have been received and made a part of the proposal
file, except that the County Commissioners, by a majority vote, may
permit a waiver of the requirements of this subsection where an unreasonable
delay in approval or adoption would adversely affect the health and
safety of the County. Under such circumstances, the Planning Commission
shall receive the submission as soon after the approval or adoption
as practical.
(c)
Applicability. Except in the event of
an exemption pursuant hereto, this Title shall apply fully to all
public projects over which the County Commissioners have jurisdiction.
(d)
Exemptions. The County Commissioners
may, by resolution, exempt any County-owned or -operated project,
land use, structure, facility, development or activity from the provisions
of this Title and from each and every provision as the Commissioners
may determine necessary and appropriate to carry out the purposes
of this Title or as the Commissioners may determine are in the best
interests of the health, safety, morals and general welfare of the
community. The County Commissioners may also provide such exemptions
for Federal Aviation Administration required airport outer markers
and nondirectional beacons owned and operated by other governmental
units or agencies. In making such determination to exempt a project
under this subsection, the Commissioners shall consider the good of
the community and the County in general, the purposes of this Title,
the nature of the project exempted and its needs and importance to
the community. In the case of exemption, the County Commissioners
shall notify the Planning Commission of their intentions prior to
acting on the resolution for exemption. The Planning Commission shall
subsequently review the plans for such County-owned or -operated project,
land use, structure, facility, development or activity in an advisory
capacity only and shall submit its comments to the County Commissioners
for their consideration within the time limit established by the County
Commissioners. The decision of the Commissioners with regard to exemption
under this subsection shall be final and shall not be subject to appeal
to any court. The County Commissioners may hold a public hearing or
provide for public comment prior to adoption of the resolution. For
the purpose of this subsection, "County project, land use, structure,
facility, development or activity" shall be defined as those projects,
land uses, structures, facilities, developments or activities which
are either controlled, operated, managed, owned, leased or principally
financed by the County Commissioners.
(a)
Generally. In their interpretation and
application, the provisions of this Title shall be held to be minimum
requirements adopted for the promotion of the public health, safety,
morals and general welfare. Wherever the requirements of this Title
are at variance with the requirements of any other lawfully adopted
laws, rules, regulations, ordinances, deed restrictions or covenants,
the more restrictive or those imposing the higher standards shall
govern. Enforcement under this Title shall, however, be limited to
enforcement of the terms of this Title, as well as regulations, requirements,
conditions and restrictions adopted or imposed pursuant hereto. Only
those covenants, deed restrictions or provisions which are required
by the Planning Commission, the County Commissioners or agency thereof
as a condition of approval obtained hereunder and are clearly indicated
as so required upon a document recorded among the land records of
the County, unless otherwise required by law, shall be enforceable
by the County Commissioners or any agency thereof under the provisions
of this Title.
(b)
Uses not specifically permitted. Uses
not specifically permitted by the district regulations are prohibited
unless authorized by special exception upon a determination by the
Board of Zoning Appeals that the use is of the same general character
as a permitted use in the particular district, is not specifically
mentioned in another district and is compatible with the general character
and intent of the district for which the determination is made.
(c)
Uses permitted in all districts. Although
not specifically mentioned in the district regulations, the following
uses shall be permitted in all primary districts subject to the limitations
contained herein:
(1)
Raising of vegetable, field and nursery crops.
No lot requirements shall apply for crops.
(2)
Timber growing and harvesting. No lot requirements
shall apply.
(3)
Drainage structures and similar works for flood
prevention and erosion control. No lot requirements shall apply.
(4)
Directional signs, subject to the provisions of
§§ ZS 1-116(c)(3) and ZS 1-324(d)(2) hereof.
(5)
Transient uses, subject to the provisions of §§ ZS 1-116(c)(3)
and ZS 1-337 hereof.
(6)
Small and medium solar energy systems and heating equipment,
subject to the requirements of § ZS 1-344(d) hereof.
[Added 3-15-2011 by Bill No. 11-2]
(7)
Short-term rentals, subject to the provisions of
§ ZS 1-351 hereof.
[Added 10-15-2019 by
Bill No. 19-3]
The County Commissioners shall establish a schedule of fees,
charges and expenses and a collection procedure for applications for
special exceptions, variances, amendments, appeals, zoning certificates,
building permits and other matters pertaining to this Title. Such
schedule shall be conspicuously posted in the office of the Department
and may be altered or amended only by the County Commissioners. Until
all applicable fees, charges and expenses have been paid in full,
no action shall be required on any application or appeal pertaining
to this Title.
(a)
Generally. This Title shall apply to
all lands, structures, waters and properties within the County, including
all submerged lands, water areas and islands, but not including lands,
structures, waters and properties lying within the zoning jurisdiction
of the County's incorporated municipalities unless a municipality
has, by resolution, requested the County to exercise such authority
over its jurisdiction and the County Commissioners, by Public Local
Law, have accepted such authority, in which case this Title shall
also apply to all lands, structures, waters and properties within
such requesting municipality. As set forth in § ZS 1-104(a)
hereof, all County-owned or County-controlled land and the use thereof
shall be subject to this Title, including the procedures for applications,
reviews and approvals, unless exempted pursuant to § ZS 1-104(d)
hereof.
(b)
Federal and state lands. This Title shall
be fully applicable to all federal and state lands to the extent permitted
by law. This Title shall be fully applicable to privately owned, leased
or operated facilities or land uses on federal or state lands.
(c)
Municipally owned lands. This Title shall
be fully applicable to all municipally owned lands outside of municipal
corporate limits.
(a)
Primary districts. The unincorporated
area of the County is hereby divided into the following primary zoning
districts: A-1 Agricultural District, A-2 Agricultural District, E-1
Estate District, V-1 Village District, R-1 Rural Residential District,
R-2 Suburban Residential District, R-3 Multi-family Residential District,
R-4 General Residential District, C-1 Neighborhood Commercial District,
C-2 General Commercial District, C-3 Highway Commercial District,
I-1 Light Industrial District, I-2 Heavy Industrial District, CM Commercial
Marine District and RP Resource Protection District.
(b)
Supplementary districts. The unincorporated
area of the County is hereby divided into the following supplementary
zoning districts: HP Historic Preservation District, AP Airport Protection
District and CA Commercial Airport District.
(a)
Establishment, identification and location. The boundaries of the districts are shown on the Official Zoning
Maps of the County, which, together with all notations and explanatory
matter thereon, are hereby made a part of this Title. The Official
Zoning Maps shall be properly identified and, together with amendments
thereto, shall remain on file at the office of the Department.
(b)
Changes. If, in accordance with the provisions
of this Title, changes are made in district boundaries or other matter
portrayed on the Official Zoning Maps, such changes shall be made
by the Department promptly after the amendment has been approved by
the County Commissioners. No changes of any nature shall be made on
the Official Zoning Maps or matter shown thereon except in conformity
with the procedures set forth in this Title. Any intentional unauthorized
change of whatever kind by any person shall be a misdemeanor, punishable
by six months in jail or a fine of one thousand dollars, or both.
(c)
Replacement. In the event that any or
all of the Official Zoning Maps become damaged, destroyed, lost or
difficult to interpret because of their illegibility, nature or number
of changes and additions, the County Commissioners may, by resolution,
adopt a new Official Zoning Map or Maps. The new Official Zoning Map
or Maps may correct drafting or other errors or omissions in the prior
Official Zoning Map or Maps, but no such correction shall make a substantive
change in the Official Zoning Maps. The new Official Zoning Map or
Maps shall be properly identified, and a notation of the date of adoption
shall be entered on the map or maps. Unless the prior Official Zoning
Map or Maps have been lost or totally destroyed, the prior map or
maps and any significant parts thereof remaining shall be preserved,
together with all available records pertaining to the adoption and
amendment of the prior map or maps.
(a)
Conformance required. Except as hereinafter
specified, no land, building, structure or premises shall hereafter
be occupied or used and no building, other structure or part thereof
shall be located, erected, reconstructed, extended, moved, enlarged,
converted or altered, nor shall foundation excavation be started for
such building, structure or part thereof, except in conformity with
the district regulations hereinafter provided.
(b)
Rules for interpretation. Where uncertainty
exists as to the boundaries of districts as shown on the Official
Zoning Maps, the following rules shall apply:
(1)
Boundaries indicated as approximately following
the center lines of existing or proposed streets, highways, alleys
or waterways shall be construed as following such center lines.
(2)
Boundaries indicated as approximately following
property lines or tax district boundary lines shall be construed as
following such property lines or tax district boundary lines.
(3)
Boundaries indicated as approximately following
the corporate limits of municipalities shall be construed as following
such corporate limits.
(4)
Boundaries indicated as approximately following
County boundary lines shall be construed as following such County
boundary lines.
(5)
Except as modified in § ZS 1-305(m)
hereof, whenever land abuts a wetlands boundary line, as defined in
§ ZS 1-103 hereof, the landward zoning district, unless
clearly denoted otherwise, shall be deemed to extend to such wetlands
boundary line, and all other land and water areas beyond the boundary
line, unless clearly denoted otherwise, shall be deemed to be in the
RP Resource Protection District. However, farm ponds, man-made freshwater
lakes, wastewater lagoons, intermittently flowing freshwater streams
and drainage ditches shall be zoned as indicated on the Official Zoning
Maps.
(6)
Boundaries indicated as parallel to or extensions
of features indicated in Subsections (b)(1) through (5) hereof shall
be construed as being parallel to or extensions of such features.
(7)
Where a boundary line is indicated as obviously
not coinciding with property lines, center lines, municipal, corporate
or jurisdictional limits, wetlands boundary lines or other features
as indicated in Subsections (b)(1) through (6) hereof, the boundary
shall be determined by the scale of the map or notes thereon.
(c)
Interpretation by Board of Zoning Appeals. Where natural or man-made features existing on the ground are in
dispute with those shown on the Official Zoning Map or under circumstances
not covered under this section, the Board of Zoning Appeals shall
interpret the district boundaries upon the application of the Department
on behalf of the affected property owners.
(d)
Parcels divided by district boundary lines. Where a district boundary line divides a parcel which was in single
ownership at the effective date of this Title, the Board of Zoning
Appeals may permit, as a special exception in accordance with the
procedures of § ZS 1-116 hereof, the extension of the
district regulations for either portion of the parcel not to exceed
fifty feet beyond the district line into the remaining portion of
the parcel.
(e)
Territory not specifically included within district. In case any territory has not been specifically included within
a district or where territory becomes a part of the unincorporated
area of the County by detachment from any municipality or the dissolution
thereof, such territory shall automatically be classified in the most
restrictive abutting district until otherwise classified. In the case
of the creation of new land by accretion, such new land shall be zoned
the same as the adjoining land.
(a)
Responsibility. The responsibility for
the administration and enforcement of this Title shall be vested in
such County Department (hereinafter called the "Department") as designated
or created for such purpose by the County Commissioners. The Department
may be provided with such personnel and resources as the County Commissioners
may direct. The Department may delegate to its own personnel and to
other persons such duties and responsibilities in connection with
the administration and enforcement of this Title as are appropriate
in the Department's judgment. If the Department shall find that any
of the provisions of this Title are being violated, it shall notify,
by certified mail, by posting the property or by other appropriate
method, the person responsible for such violation and the property
owner, if different, indicating the nature of the violation and ordering
the action necessary to correct it within a reasonable period of time
as determined by the Department. If, at the conclusion of such reasonable
period, the violation has not, in the judgment of the Department,
been satisfactorily corrected, the Department shall order or seek
an injunction to bring about the correction of such violation, including
the removal or discontinuance of illegal buildings or structures,
of illegal additions, alterations or structural changes or of any
illegal work, use or activity being done, or shall take any other
action authorized by law to ensure compliance with this Title and
prevent violation of its provisions.
(b)
Violation notices and stop-work orders. The Department may issue violation notices and stop-work orders
on forms prescribed by the Department in any case of a violation hereof.
Such notice or order shall reasonably identify the violation and applicable
Code sections. It shall identify the officer issuing it and shall
notify the person cited that and what corrective action must be taken
and within what time period. Failure to comply with such a notice
or order shall constitute a violation hereof. This provision shall
not prohibit the issuance of a citation for a violation hereof in
addition to the stop-work order or violation notice.
(c)
Duties of Department. Included among
the duties of the Department under this Title are the following:
(1)
Posting in its office the fees and charges schedule
as prescribed in § ZS 1-106 hereof.
(2)
Maintaining in its office the up-to-date Official
Zoning Maps as prescribed in § ZS 1-109(a) hereof.
(3)
Administering and enforcing this Title as prescribed
in this section.
(4)
Assisting in such investigations with regard to
zoning amendment applications as the Planning Commission may request,
as prescribed in § ZS 1-113 hereof.
(5)
Issuing zoning certificates, certificates of use
and occupancy, and building and zoning permits as prescribed in § ZS 1-115
hereof and any other permits required by any other article of the
County Code as designated by the County Commissioners.
(6)
Posting in its office the calendar of the Board
of Zoning Appeals as prescribed in § ZS 1-116(f) hereof.
(7)
Reviewing essential service structures as prescribed
in § ZS 1-121(b) hereof.
(d)
Right of entry to inspect. When in the
administration and/or enforcement of this Title it is required that
the Department or other County employee vested with the authority
to administer and/or enforce the provisions of this Title physically
inspect a property or building, the Department and/or employee shall
have the right of entry onto private property for the purpose of inspection
and determination of compliance with the provisions herein contained.
Anyone filing any type of application, appeal or request shall be
deemed to have granted such right of entry.
(e)
Conformance. All departments, officials
and employees of the County that are vested with the duty or authority
to issue permits or licenses shall conform to the provisions of this
Title and shall not issue any permit or license for any use, building
or purpose if the same would be in conflict with the provisions of
this Title. Furthermore, no permit or approval shall be granted under
this Title which is in violation of any other County regulation. Any
permit or approval issued under this Title and in conflict with the
provisions of this Title or other County regulations shall be null
and void.
(a)
Planning Commission establishment; composition; appointment
and removal; compensation. The County Planning Commission
(hereinafter known as the "Planning Commission") is hereby established
and shall consist of seven members appointed by the County Commissioners
for staggered five-year terms or until a successor takes office. Members
may, after a public hearing, be removed from office by the County
Commissioners for inefficiency, neglect of duty or malfeasance in
office. The County Commissioners shall file a written statement of
reasons for such removal. Vacancies occurring other than through the
expiration of a term shall be filled for the unexpired term by the
County Commissioners. Members may serve with such compensation as
the County Commissioners may deem appropriate. The Planning Commission
shall be supplied with such staff and resources as the County Commissioners
may deem appropriate.
(1)
The Planning Commission shall elect a Chairman
from its membership. The Chairman's term shall be one year with eligibility
for reelection. The Planning Commission shall hold at least one regular
meeting each month. It shall adopt rules for transaction of business
and shall keep a record of its resolutions, transactions, findings
and determinations, which shall be a public record.
(2)
Duties generally. Included among the duties of
the Planning Commission under this Title are the following:
A.
All the powers and duties as provided by law.
B.
Making such investigations and recommendations with
regard to zoning amendment applications as directed by the County
Commissioners, as prescribed in § ZS 1-113 hereof.
C.
Recommending conditional rezoning as prescribed
in § ZS 1-113 hereof.
D.
Making recommendations to the Board of Zoning Appeals
as prescribed in § ZS 1-116(g) hereof.
E.
Prescribing the form in which applications for amendments
to this Title shall be filed as prescribed in § ZS 1-113
hereof.
F.
Reviewing public projects, proposed facility development
plans, regulations and standards in accordance with § ZS 1-104
hereof.
G.
Reviewing and approving site plans in accordance
with the provisions of § ZS 1-325 hereof.
H.
Reviewing and making recommendations or approvals
on residential planned communities, planned senior developments, unified
developments and other development plans requiring Planning Commission
approval.
I.
Reviewing and approving subdivision plats (minor/major)
in accordance with the provisions of § ZS 1-311 hereof
and Title 2, Subdivision Regulations.
(b)
Technical Review Committee; establishment and composition. A Technical Review Committee is hereby established and shall consist
of the following or their representatives: Zoning Administrator, Building
Administrator, Natural Resources Administrator, Environmental Programs
Administrator, Public Works Director, Soil Conservation District,
Fire Marshal and one member of the Planning Commission. The following
may also be members if invited by the Zoning Administrator: Board
of Education, Health Department, State Highway Administration, utility
companies and any other governmental agency having jurisdiction. The
Technical Review Committee shall be supplied with staff and resources
from the Department.
(1)
The Zoning Administrator shall be the Chairman
of the Technical Review Committee. At the direction of the Zoning
Administrator, another representative of the Department may serve
as Chairman. The Technical Review Committee shall hold at least one
regular meeting each month. It shall adopt rules for the transaction
of business and shall keep a record of its resolutions, transactions,
findings and determinations, which shall be a public record. The rules
of the Technical Review Committee shall be approved by the Planning
Commission. The function of the Technical Review Committee shall be
advisory except where specifically provided otherwise. Any dispute
in the operation of the Technical Review Committee shall be settled
by the Director of the Department.
(2)
The Technical Review Committee shall have such
advisory duties as may be given under this Title.
(3)
Appeal from decision. Any person aggrieved of any
decision of the Technical Review Committee, whose decision is required
pursuant to this Title, may, within thirty days of such decision,
appeal and have a determination made by the Planning Commission.
(a)
Generally. The regulations, restrictions,
definitions, districts, classifications and boundaries set forth in
this Title may, from time to time, be amended, supplanted, modified
or repealed by the County Commissioners. Amendments to the text of
this Title shall be passed as Public Local Laws by the County Commissioners.
The reclassification of any property or the relocation of any district
boundary shall be by resolution of the County Commissioners.
(b)
Text amendments.
(1)
Proposals for amendments to the text of this Title
may be made by any interested person who is a resident of the County,
a taxpayer therein or by any governmental agencies of the County.
Such proposals for text amendments shall be in the form as prescribed
by the Planning Commission and shall be addressed to and filed with
the County Commissioners.
(2)
Text amendments shall be passed by the County Commissioners
as Public Local Laws according to legally required procedures, with
the following additional requirements: Any proposed amendment shall
first be referred to the Planning Commission for recommendation. The
Planning Commission shall make a recommendation to the County Commissioners
within a reasonable time after receipt of the proposed amendment.
If, after receipt of the recommendation of the Planning Commission,
no County Commissioner is willing to introduce the proposed amendment
as a bill, it need not be considered. If one or more County Commissioners
does introduce the proposed amendment as a bill, the County Commissioners
shall hold at least one public hearing in relation to the proposed
amendment, at which parties and interested citizens shall have an
opportunity to be heard. At least fifteen days' notice of the time
and place of such hearing and the nature of the proposed amendment
shall be published in an official paper or a paper of general circulation
in the County in accordance with the provisions of § ZS 1-114
hereof.
(c)
Map amendments.
(1)
Application.
A.
Proposals for amendment of the Official Zoning Maps
may be made only by a governmental agency or by the current property
owner, contract purchaser, option holder, lessee, his attorney or
the agent of the property to be directly affected by the proposed
amendment. Applications filed by persons other than the current property
owner must be cosigned by the property owner or the property owner's
attorney at law or in fact. Such proposals for map amendments shall
be in the form as prescribed by the Planning Commission and shall
be accompanied by a plat drawn to scale showing property lines, the
existing and proposed district boundaries and such other information
as the Planning Commission may need in order to locate and plot the
amendment on the Official Zoning Maps. Such plat shall not be required
for sectional or comprehensive reclassification. Applications for
map amendments shall be addressed to and filed with the office of
the County Commissioners. Applications shall be considered thrice
annually in order to consider the collective effect of such applications.
Application shall only be accepted from January 1 to January 31, May
1 to May 31, and September 1 to September 30 of any calendar year.
Every such application shall contain the following information:
1.
If the applicant is a corporation, the names and
residences of the officers, directors and all stockholders owning
more than twenty percent of the capital stock of the corporation.
2.
If the applicant is a partnership, whether a general
or limited partnership, the names and residences of all partners who
own more than twenty percent of the interest of the partnership.
3.
If the applicant is an individual, his name and
residence.
4.
If the applicant is a joint venture, unincorporated
association, real estate investment trust or other business trust,
the names and residences of all persons holding an interest of more
than twenty percent in the joint venture, unincorporated association,
real estate investment trust or other business trust.
B.
An applicant or applicant's attorney may request
a postponement of the application for the Planning Commission's consideration
or the County Commissioners' consideration or, for an application
that has yet to be scheduled, its placement on inactive status. Said
requests may be made at any time; however, if the request is made
after the scheduling of the public hearing by the County Commissioners,
there will be a penalty. The applicant or applicant's attorney shall
then be responsible for the payment of any and all reasonable re-advertising
and administrative costs associated with the rescheduling of the public
hearing. All such requests shall be in writing. In all cases where
a request for postponement of the application or a request for its
placement on inactive status is not rescinded by the applicant or
applicant's attorney within two years from the date the original map
amendment was submitted, the application shall be considered withdrawn
in its entirety. Any further application for map amendment for the
same property must be processed as an entirely new application, including
the remittance of all required fees.
[Added 10-17-2017 by
Bill No. 17-10]
(2)
Any officially filed amendment or other change
shall first be referred by the County Commissioners to the Planning
Commission for an investigation and recommendation. The Planning Commission
may make such investigations as it deems appropriate or necessary
and, for the purpose of its review, may require the submission of
pertinent information by any person concerned and may hold such public
hearings as are appropriate in its judgement. The Planning Commission
shall formulate its recommendation on such amendment or change and
shall submit its recommendation and pertinent supporting information
to the County Commissioners within ninety days after the Planning
Commission's decision of recommendation, unless an extension of time
is granted by the County Commissioners. After receiving the recommendation
of the Planning Commission concerning any such amendment to this Title
and before adopting or denying the same, the County Commissioners
shall hold a public hearing in reference thereto in order that parties
of interest and citizens shall have an opportunity to be heard. The
County Commissioners shall give public notice of such hearing in accordance
with the provisions of § ZS 1-114 hereof. Two legible
full and complete copies of all exhibits, including electronic media,
to be introduced by the applicant at any rezoning hearing as well
as any proposed conditions of any rezoning shall be delivered to the
Department at least thirty days prior to any rezoning hearing. The
exhibits delivered shall be introduced by the applicant into evidence
at the public hearing. No other exhibits other than rebuttal shall
be permitted to be introduced by the applicant without specific permission
of the County Commissioners given at the public hearing. The entire
file and record of the staff and Planning Commission shall be incorporated
in the record of the hearing and considered by the County Commissioners.
Except as hereinafter provided, a simple majority vote of the entire
Board of County Commissioners shall be required to pass any map amendment
to this Title. However, a five-sevenths majority vote of the entire
Board of County Commissioners shall be required to pass any map amendment
to this Title which represents a substantial change in or departure,
as determined by a majority of the County Commissioners, from a proposed
map amendment as favorably recommended by the Planning Commission
or to pass a proposed map amendment which has received an unfavorable
recommendation from the Planning Commission. Failure to obtain the
aforesaid required majority shall constitute a denial. For the purposes
of this section, the "entire Board" shall mean all members eligible
to vote on any proposed amendment. A complete record shall be kept
of the public hearing and the votes of all members of the County Commissioners
in deciding all questions relating to the proposed map amendment.
(3)
Where the purpose and effect of the proposed amendment
is to change the zoning classification of the property, the County
Commissioners shall make findings of fact in each specific case, including
but not limited to the following matters: population change, availability
of public facilities, present and future transportation patterns,
compatibility with existing and proposed development and existing
environmental conditions for the area, including having no adverse
impact on waters included on the State's impaired waters list or having
an established total maximum daily load requirement, the recommendation
of the Planning Commission and compatibility with the County's Comprehensive
Plan. The County Commissioners may grant the map amendment based upon
a finding that there was a substantial change in the character of
the neighborhood where the property is located since the last zoning
of the property or that there is a mistake in the existing zoning
classification and that a change in zoning would be more desirable
in terms of the objectives of the Comprehensive Plan. The County Commissioners
may adopt the findings or portions of the findings of the Planning
Commission as the findings of the County Commissioners. Individual
County Commissioners may make separate findings, but such separate
findings considered as a whole must support the action taken. The
findings may include reasonably drawn conclusions. The fact that an
application for a map amendment complies with all of the specific
requirements and purposes set forth in this Title shall not be deemed
to create a presumption that the proposed reclassification and resulting
development would in fact be compatible with the surrounding land
uses and is not, in itself, sufficient to require the granting of
the application.
(4)
No application for a map amendment shall be accepted
for filing by the office of the County Commissioners if the application
is for the reclassification of the whole or any part of land for which
the County Commissioners have denied reclassification within the previous
twelve months as measured from the date of the County Commissioners
vote for denial. However, the County Commissioners may grant reasonable
continuances for good cause. In addition, the County Commissioners
may allow an applicant to withdraw an application for a map amendment
at any time, provided that, if the request for withdrawal is made
after publication of the notice of public hearing, no application
for reclassification of all or any part of the land which is the subject
of the application shall be allowed within twelve months following
the date of such withdrawal, unless the Commissioners specify by formal
resolution that the time limitation shall not apply.
(5)
The County Commissioners, upon the rezoning of
any land or lands, may impose such restrictions, conditions or limitations
as may be deemed by them to be appropriate to preserve, improve or
protect the general character and design of the lands and improvements
being zoned or rezoned or of the surrounding or adjacent lands and
improvements and may, upon the zoning or rezoning of any land or lands,
retain or reserve the power and authority to approve or disapprove
the design of buildings, construction, landscaping or other improvements,
alterations and changes made or to be made on the subject land or
lands. In the event of a conditional map amendment, the restrictions,
conditions and limitations shall be reduced to the form of an agreement
signed by the owner and all lien holders and recorded among the land
records at the expense of the owner. Restrictions, conditions or limitations
may be recommended by the Planning Commission and shall be advertised
verbatim or in summary form in the notice of the public hearing on
the map amendment. Such recommended restrictions, conditions or limitations
shall be considered a part of the Planning Commission's recommendation
and subject to the five-sevenths majority vote provisions hereof.
If there are no proposed restrictions, conditions or limitations at
the time of the advertisement prior to the rezoning hearing, the Commissioners
may state in the notice that restrictions, conditions or limitations
will be considered at the hearing and may, subsequent to the hearing,
without additional advertisement or hearing, impose any such restrictions.
A restriction, condition or limitation imposed on an amendment, supplement
or change in this Title shall become a part of this Title, and violation
thereof shall be deemed to be a violation of this Title.
(6)
Comprehensive (sectional) reclassification map
amendments.
A.
Comprehensive (sectional) reclassifications may
only be initiated by the Planning Commission or the County Commissioners.
B.
The Planning Commission shall review the proposed
comprehensive reclassification and make a recommendation to the County
Commissioners. In the case of a comprehensive (sectional) reclassification
initiated by the County Commissioners, the Planning Commission shall
make a recommendation to the County Commissioners within one hundred
twenty days after its first review by the Planning Commission, unless
an extension of time is granted by the County Commissioners. The Planning
Commission may make such studies as it deems necessary and appropriate.
C.
After receiving the recommendation of the Planning
Commission, the County Commissioners may require further studies and
shall hold a public hearing in reference thereto in order that parties
of interest and citizens shall have an opportunity to be heard. Public
notice of such hearing shall be given in accordance with the provisions
of § ZS 1-114 hereof.
D.
Comprehensive (sectional) reclassifications shall
be by resolution of the County Commissioners.
E.
Notification of property owners and neighboring
property owners and the posting of the property, as required in piecemeal
rezonings, shall not be required when the property is the subject
of the comprehensive (sectional) reclassification.
F.
Findings of fact as required in piecemeal rezonings
shall not be required for comprehensive (sectional) reclassifications.
G.
In the case of a comprehensive (sectional) rezoning,
conditions placed upon a property by virtue of a prior conditional
rezoning shall be null and void unless specifically carried forward
by the County Commissioners upon a finding that the reasons for which
the conditions were originally imposed are still valid.
(a)
Generally. Unless otherwise expressly
provided by law, all notices to the general public required by the
terms of this Title shall be made as follows:
(1)
By the posting of a reasonably sized sign upon
the property which is the subject of the proceedings as follows:
A.
The sign shall be of sufficient size to reasonably
advise the public of the fact of the public hearing and shall be posted
not less than fifteen days prior to the public hearing. The sign shall
be posted (to the extent possible) within a reasonable distance of
a public road serving or near the property so as (to the extent possible)
to be reasonably visible to the public. Posting requirements shall
be subject to the following modifications and provisions:
1.
Except in the case of the fifteen-day requirement,
reasonable, good-faith compliance with the above requirements, as
determined by the hearing agency, shall be sufficient.
2.
Where the property lines are difficult to ascertain,
posting on an adjacent property may be found to be sufficient.
3.
Evidence of posting shall be provided at the public
hearing, but no evidence that the sign remained standing during the
period of posting shall be required. When a posted sign is destroyed
or removed, the property shall be reposted but the date of posting
shall be the date of original posting.
4.
The hearing agency shall have the authority to determine
whether or not a good-faith effort to comply with the posting requirements
is sufficient to satisfy the intent of such requirements so as to
reasonably advise the public of the pending proceeding.
B.
Any applicant and/or owner of the property subject
to the proceedings shall be deemed to have consented to the entry
upon the property by any County staff or board members to examine
the property with respect to the specific request and by the public
for the purpose of viewing any sign.
C.
Posting shall not be required for proposed sectional
or comprehensive map amendment procedures or for proposed amendments
to the text of this Title.
(2)
All proceedings under the terms of this Title requiring
a public hearing shall be advertised at least once in one newspaper
of general circulation in the County not less than fifteen days prior
to the date such proceeding is scheduled for hearing, which advertisement
shall state the following:
A.
The date, time and place of such hearing.
B.
A summary of the purpose of the proceeding in sufficient
detail to inform the public of the nature of the proceeding and the
relief sought by the initiator of the proceeding.
C.
The location of the property involved, if any, the
name of the owner and the file or case number of the proceeding and
the name of the governmental body before which such proceeding is
to be conducted.
D.
Any other information deemed necessary to adequately
inform the public of the proceeding.
(3)
Whenever the application of this Title requires
the holding of a public hearing, a notice of the time and place of
such hearing shall be mailed to the initiator of the proceeding, to
each incorporated municipality within one mile of the property affected
by the proposed change, to the owners of all property contiguous to
the property with which the hearing is concerned and to all properties
opposite the property with which the hearing is concerned. Opposite
properties are measured at right angles to the center line of any
intervening roads. Such mailed notices shall be sufficient if directed
to such qualifying property owners as shown on the tax records of
the County, at the address to which the real estate tax bill on the
property is sent, and as shown on the current property tax records
for the County. Such notice shall contain the same information as
the published notice required by this subsection and shall be mailed
not less than fifteen days prior to the date of the hearing. An affidavit
of compliance with this section shall be made a part of the record.
Posting or notification of property owners shall not be required for
proposed sectional or comprehensive map amendment procedures or for
proposed amendments to the text of this Title.
(b)
Responsibility for public notice. It
shall be the responsibility of the Department to ensure that the provisions
of Subsections (a)(1) and (a)(3) hereof are fully complied with for
all matters that come before the Board of Zoning Appeals, the Planning
Commission or the County Commissioners relative to matters regulated
by this section.
(a)
Permit. It shall be unlawful to:
(1)
Erect or locate or begin the construction, reconstruction,
extension, renovation, demolition or alteration, including the excavation
thereof, of any building or structure until a permit for such work
has been issued by the Department; or
(2)
Construct a well or sewage disposal system, including
the reconstruction, replacement or extension of an existing well or
sewage disposal system, until a permit for such work has been issued
by the Department of the Environment.
(b)
Zoning/occupancy certificate. It shall
be unlawful to:
(1)
Use a building or structure or part thereof, erected
or located after the effective date of this Title, until a zoning/occupancy
certificate for such use has been issued by the Department; or
(2)
Change the use of any land, building or structure,
after the effective date of this Title, until a zoning/occupancy certificate
for such change in use has been issued by the Department.
(c)
Application. Applications for any permit
or zoning/occupancy certificate shall be on forms as prescribed by
the Department and shall contain such additional information as may
be necessary to provide for the Department's thorough evaluation of
the particular permit or zoning/occupancy certificate requested. At
a minimum the application shall be in accordance with the following:
(1)
Applicant. Applications may only be filed by the
property owner, contract purchaser, option holder, lessee or his attorney,
contractor or agent. If the application is made by a person other
than the property owner, the application shall be cosigned by the
property owner or the property owner's attorney at law or in fact.
Application for a permit for a bulkhead or other shoreline protection
structure may be filed by the owner of a legally enforceable easement
or right-of-way permitting the construction applied for, who shall
be considered the property owner for the purposes of this subsection,
and shall be fully liable for the execution of the construction in
compliance with all applicable laws, regulations and permit conditions.
(2)
Site plan. Applications for a permit shall be accompanied
by a site plan or plat of the lot drawn to scale and accurately showing
the property lines, required setbacks, the location and use of existing
buildings and structures and the design, location and height of the
proposed construction work or land use. All lot dimensions shall be
based on actual measurement or deed description. For applications
for permits or zoning/occupancy certificates, the Department may require
such information as it deems necessary to ensure that the proposed
construction and use comply with the provisions of this Title and
other applicable regulations. Therefore, depending upon the particular
type of application requested, additional information may be necessary
for the Department to thoroughly evaluate the application, including
but not limited to information regarding drainageways, driveways,
parking areas, well location, wastewater treatment and disposal or
septic areas, impervious surfaces, forested areas, wetlands, and limits
of disturbance.
(3)
Water supply and wastewater disposal. No permit
shall be issued until the proposed water supply system and wastewater
disposal system have been approved by the Environmental Programs Division.
Furthermore, in all cases other than individual commercial projects
that when complete will serve only one property and be under the sole
operation and control of the property owner and not further subdivided
in any manner, the collection and distribution lines and laterals
for sewer and water must have been constructed and approved, bonded
to the County and/or constructed to the extent that Environmental
Programs Division approval can be given for the issuance of the permit,
and the cost of installation of the water pits and meters is paid
to the County Commissioners.
A.
Notwithstanding the provisions contained in Subsection
(c)(3) hereof, permits for no more than four model homes may be issued
for any subdivision where the proposed water supply system and/or
wastewater disposal system have been approved by the Environmental
Programs Division but not constructed, subject to the following:
1.
The water supply system and/or wastewater disposal
system have been bonded in their entirety to the satisfaction of the
County Commissioners.
2.
There shall be no water supply extended to the model
homes.
3.
All plumbing shall terminate at the building foundation.
4.
Model home owners/developers shall utilize the model
homes only for display purposes and they must not be either sold or
occupied for any purpose until the water supply system and/or sewage
disposal system are available to serve them. Agreements to this effect
must be signed by all owners/developers, contractors and lienholders
and recorded in the land records of Worcester County.
(4)
Access and drainage. No permit shall be issued
until the proposed location and design of any driveway, drainageway
and drainage structure and any signs connected with, located within
or adjacent to the right-of-way of any public road have been approved
by the County Department of Public Works or the State Highway Administration,
whichever has jurisdiction. Additionally, any required bonds or other
financial securities shall be posted prior to permit issuance.
(5)
Construction on bonded roads. A permit may be issued
subject to the following conditions:
A.
The permit application shall be cosigned by the
developer bonded to the County for road construction within the subdivision.
B.
The road clearing, base and stabilization must be
completed and approved by the County prior to the issuance of a permit.
C.
Drainage structures within driveways and other proposed
entrances located in the road right-of-way which provide access to
and from the bonded road must be with the approval of and be installed
by the Roads Division of the Department of Public Works, at the applicant's
expense, prior to issuance of the zoning certificate or occupancy
permit.
(6)
Stormwater and sediment and erosion control. Where
necessary no permit shall be issued until the proposed stormwater
management and sediment and erosion control plans have been approved
by the appropriate agency. Additionally, depending upon the particular
permit requested, the construction of such facilities or the posting
of bonds or other financial securities may be required prior to permit
issuance.
(7)
Issuance. The Department shall not be required
to issue a permit or certificate until the applicant has corrected
any violations of the Code of Public Local Laws of Worcester County,
Maryland, and has provided all requested information and the Department
has determined that the proposed construction and/or use complies
with the provisions of this Title and other applicable County regulations,
including the receipt of approvals and permits required by such other
regulations.
(d)
Temporary occupancy certificates. Notwithstanding
any other provision of this section, upon the request of the holder
of a permit, a temporary certificate of occupancy may be issued before
the completion of the entire work covered by the permit, provided
that such portion or portions shall be occupied safely prior to full
completion of the structure without endangering life or public welfare.
Temporary occupancy certificates shall not be issued until any required
stormwater management measures have been completed, inspected and
approved by the Department, including receipt of all certifications
and notices pursuant to County and state law. Any occupancy permitted
to continue during the work shall be discontinued within thirty days
after completion of the work unless a certificate of occupancy is
issued by the Department. The issuance of temporary certificates of
occupancy is solely at the discretion of the Department and other
pertinent governing agencies.
(e)
Zoning/occupancy certificates in combination with
building permits. Application for a zoning/occupancy certificate
may be made to the Department coincident with the application for
a permit. Notwithstanding any other provision of this subsection,
section or Title, the Department may issue a zoning/occupancy certificate
for a lot in a subdivision having bonded streets in accordance with
Subsection (c)(5) hereof, provided that all other construction work
required by this Title and other regulations has been completed, inspected,
and approved by the Department or other agencies having jurisdiction.
In all other cases, the zoning/occupancy certificate shall not be
issued until all construction work required by this Title and other
regulations has been completed, inspected, and approved by the Department
or other agencies having jurisdiction. Buildings, structures and surrounding
lands shall not be occupied or used until a zoning/occupancy certificate
has been issued.
(1)
No occupancy permit or zoning certificate may be
issued in conjunction with a permit for a structure on a bonded road
until the road has been approved and accepted by the County. However,
in the event that the road construction is complete except for the
application of the final wearing surface (top coat), an occupancy
permit or zoning certificate may be issued if a bond for this work
is posted with the County in accordance with the provisions of § ZS 1-125
hereof.
(2)
If the final wearing surface (top coat) bonded
pursuant to the provisions of this section is not completed, accepted,
and approved by the County within six months after the issuance of
the first occupancy permit or zoning certificate within the bonded
area, the bond shall be automatically forfeited to the County. The
County Commissioners may grant a one-time extension of the six-month
completion requirement up to an additional six months upon written
request by the applicant showing just cause, which request must be
received by the County Commissioners at least thirty days prior to
the expiration of the original time limit. In granting the extension,
the County Commissioners may require that the bond be increased to
cover the cost of application of the final wearing surface (top coat)
and all necessary repairs to the road.
(f)
Issued permits. Nothing contained herein
shall require any change in the overall layout, plans, construction,
size, location or designated use of any building or structure or part
thereof for which a valid permit has been granted before the effective
date of this Title or amendment thereto, provided that:
(g)
Expiration. If the work described in
any permit has not begun within twelve months from the date of issuance
thereof, such permit shall thereupon expire. Thereafter, work shall
not begin or continue until the applicant has filed for and received
a new permit. If the work described in any permit has not been substantially
completed within twenty-four months of the date of issuance thereof,
such permit shall expire unless good cause can be shown to extend
the same. The Department may grant a single twelve-month extension
if such extension is justified. Expired permits shall become null
and void.
(h)
Construction and use to be as provided in plans and
applications. Permits issued on the basis of plats, plans
and applications approved by the Department shall authorize only the
use, arrangement and construction set forth in such plats, plans and
applications and shall not authorize any other use, arrangement or
construction. In such cases as are appropriate, the Department may
require a location survey of the foundation or footings of any building
or structure at any point in the construction thereof. Use, arrangement
or construction at variance with that authorized shall be deemed a
violation of this Title and punishable as provided in § ZS 1-120
hereof.
(i)
Special provisions for areas of limited sewer availability. The County Commissioners may, by resolution, determine areas of
limited sewer availability. In addition to all other provisions of
this section, the provisions of this subsection shall apply to all
permits issued in such areas where the construction or land use proposed
requires new or increased sewer allocations. Where the provisions
of this subsection are inconsistent with the balance of this section,
the provisions of this subsection shall govern. In areas of limited
sewer availability, the following provisions shall apply:
(1)
The approval of the Environmental Programs Division
required by Subsection (c)(3) hereof shall be dated not more than
thirty days prior to the approval of the permit.
(2)
The property owner shall file an affidavit with
the permit application, on forms prescribed by the Department, certifying
that the applicant intends to commence construction forthwith, has
sufficient funding to complete construction, has a contractor or the
ability to expeditiously complete the structure, has all other required
approvals from all utilities and has all enforceable approvals required
by any other governmental agencies and pursuant to private deed covenants
or restrictions.
(3)
All site preparation and the foundation shall be
completed within ninety days of the issuance of the permit. The shell
of the building must be completely erected within two hundred forty
days from the issuance of the permit. The "shell" shall mean all walls,
roofs, windows, siding and exterior doors.
(4)
The County Commissioners may, by resolution, impose
limits on the issuance of permits for multi-family or commercial structures
upon a finding that such limitation is needed to promote the orderly
growth of the area and for the purposes of this Title.
(j)
Revocation of permit or zoning/occupancy certificate. Any permit or zoning/occupancy certificate issued pursuant to any
false affidavit filed pursuant hereto shall be deemed null and void
from its initial submission and shall be revoked.
(a)
Establishment; composition, appointment and removal;
vacancies; compensation; staff and resources. A Board
of Zoning Appeals is hereby established (hereinafter called the "Board").
The Board shall consist of seven members appointed by the County Commissioners
for staggered three-year terms or until a successor takes office.
Members may, after a public hearing, be removed from office by the
County Commissioners for inefficiency, neglect of duty or malfeasance
in office. The County Commissioners shall file a written statement
of reasons for such removal. Vacancies occurring otherwise than through
the expiration of a term shall be filled for the unexpired term by
the County Commissioners. Members may serve with such compensation
as the County Commissioners deem appropriate. The Board may be supplied
with such staff and resources as the County Commissioners deem appropriate.
(b)
Organization; voting; meetings; rules and records;
assistance. The Board shall elect a Chairman from its membership. The Chairman's term shall be twelve months with eligibility for reelection. The Board shall have at least four members present and voting to conduct business. A majority of the members present and voting must vote in favor of any matter in order for it to be approved. Failure to obtain such affirmative vote of a majority of the members present and voting shall constitute a denial. After voting upon an application the Board shall not rehear, reconsider or reopen such matter except in accordance with Subsection (i) hereof. However, prior to a vote being taken, the Board may continue any case solely for the purposes of obtaining additional evidence or testimony deemed necessary by the Board to reach a proper conclusion, allowing time for studies or surveys to be performed to provide additional information to the Board or enabling applicants or protestants to prepare responses to issues that develop that could not have been reasonably foreseen. A continuance shall not be granted to the applicant simply for additional preparation time or the presence of opponents. The Board shall adopt rules for the transaction of business, which shall be posted in the office of the Department and be available to the public in written form. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep written records of its resolutions, transactions, testimonies, findings, decisions, determinations and other official actions, which records shall be a public record. Where specific findings are required or criteria apply, separate written findings shall be made on each of the criteria or findings. The Board may call upon any County official or department for assistance in the performance of its duties, and it shall be the duty of such officer or department to render such assistance to the Board as may reasonably be required.
(c)
Powers with respect to zoning matters. The Board shall have the following powers and functions:
(1)
To hear and decide appeals where it is alleged
that there is an error in the application of the law (but not in discretionary
judgment) in any order, requirement, decision or determination made
by the Department in the administration or enforcement of this Title
or in the decision of the hearing official relative to administrative
adjustments considered pursuant to § ZS 1-117(f) hereof.
There shall be no appeal to the Board from a decision of the Planning
Commission.
(2)
To determine, consistent with the provisions of
§ ZS 1-110(c) hereof, the boundaries of districts.
(3)
To hear and decide only such special exceptions
as the Board is specifically authorized to pass on according to the
provisions of this Title and to decide such questions as are involved
in determining whether special exceptions should be granted.
A.
A special exception may be granted only when the
Board finds, from a preponderance of the evidence of record, that
the proposed use or structure:
1.
Will be in conformance with the County's Comprehensive
Plan.
2.
Will be in harmony with the general character of
the neighborhood considering population density, the design, scale
and bulk of any proposed new structures, the intensity and character
of activity, traffic and parking conditions or the number of similar
uses.
3.
Will not be detrimental to the use, peaceful enjoyment,
economic value or development of surrounding properties or surrounding
neighborhoods; will cause no objectionable noise, vibration, fumes,
odors, dust, glare or physical activity; and will not have a detrimental
effect on ground- or surface water quality.
4.
Will have no detrimental effect on vehicular or
pedestrian traffic.
5.
Will not adversely affect the health, safety, morals,
security or general welfare of residents, workers or visitors in the
area.
6.
Will not, in conjunction with existing development
in the area and development permitted under existing zoning, overburden
existing public services and facilities, including schools, police
and fire protection, medical facilities, water, sanitary sewers, public
roads, storm sewers, drainage and other public improvements.
7.
Will meet the definitions and specific standards
set forth elsewhere in this Title for such use.
B.
The applicant for a special exception shall have
the burden of proof in addressing the criteria set forth in Subsection
(c)(3)A hereof and the burden of providing the evidence necessary
on all questions of fact which are raised by the Board.
C.
Any special exception approved by the Board must
be unconditionally accepted as approved, in writing, to the Board
by the applicant requesting such use within ninety days after such
special exception has been approved by the Board. Failure to so accept
in writing, as herein provided, any such special exception so approved
by the Board shall be considered a rejection and abandonment by the
applicant of any such special exception so approved, and thereafter
any such special exception so approved shall be null and void and
of no effect whatsoever.
D.
Unless otherwise designated by the Board, any special
exception shall be implemented within twelve months from its approval.
If it has not been so implemented, it shall be considered abandoned
and shall terminate.
E.
In the event that any special exception which has
been implemented is abandoned or ceased for a period of twelve consecutive
months, it shall be considered abandoned and shall terminate.
(4)
To authorize, upon appeal, in specific cases such
variances from the setback or lot area provisions of this Title as
will not be contrary to the public interest where, owing to special
or unique conditions, a literal enforcement of the provisions of this
Title would result in unnecessary hardship of other than a financial
nature.
A.
A variance from the terms of this Title shall not
be granted unless and until the applicant has demonstrated each of
the following:
1.
Special conditions and circumstances exist which
are peculiar to the land, structure or building involved.
2.
Literal interpretation of the provisions of this
Title would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this Title.
3.
The special conditions or circumstances did not
result from actions of the applicant.
4.
The condition or circumstance is not one that could
be reasonably provided for under legislation of general applicability
within the zoning district and shall be granted only on account of
the uniqueness of the situation.
B.
A variance shall only be granted which modifies
the setback, area or lot width provisions of this Title, and the Board
shall be without authority to grant a variance which would allow a
use not otherwise permitted under the terms of this Title in the district
involved. The Board may not grant a variance to a definition.
C.
Variances may be granted only for individual lots
pursuant to specific applications. No blanket variance is permitted.
(5)
To grant the expansion of the area of nonconforming
uses and structures upon a single lot in accordance with the provisions
of § ZS 1-122 hereof.
(6)
To prescribe, in the granting of any variance,
special exception or expansion of a nonconforming use or structure,
appropriate conditions and safeguards in conformity with this Title
and other regulations. Violations of such conditions and safeguards,
when made a part of the terms under which the variance or special
exception is granted, shall be deemed a violation of this Title and
shall be punishable under the provisions of § ZS 1-120
hereof and, at the discretion of the Board after notice and hearing,
shall be grounds for termination or revocation of the variance or
special exception itself.
(7)
To reverse, affirm, wholly or in part, or modify
the order and render the decision as ought to be made, the actions
of the Department and to that end shall have the powers of the Department
so long as such action is in conformity with the terms of this Title.
(8)
To have continuing jurisdiction, without time limitation,
over all special exceptions, variances and expansions of nonconforming
uses and structures granted by the Board and may, from time to time,
review such cases to ensure compliance with this Title. Should the
Board find noncompliance, it may request that the Department pursue
the complaint as provided in § ZS 1-111 hereof, or
it may rehear the case following the procedures prescribed by this
Title for an original case, including required public notice and a
public hearing. Upon rehearing the case, the Board may attach additional
conditions or limitations to ensure future compliance, or it may revoke
the original grant and may order the special exception, variance or
expansion removed and the site restored to its prior condition. A
special exception, variance or expansion of a nonconformity granted
by the Board shall authorize only such structures and uses as specified
in the approval and is subject to all conditions or plans attached
thereto. No future changes or expansion of a special exception, variance
or nonconformity shall be made without the prior approval of the Board.
(9)
To require a bond to its satisfaction in cases
where it deems such to be appropriate.
(d)
Who may file an appeal or application; forms; time
for action; site plan.
(1)
Applications for special exceptions, variances,
expansions of a nonconformity and interpretation of district boundaries
consistent with the provisions of § ZS 1-110(c) hereof
may be filed only by an aggrieved governmental agency or the owner,
contract purchaser, option holder or lessee of the property to be
affected or by his attorney or agent. Applications filed by persons
other than the property owner must be cosigned by the property owner
or the property owner's attorney at law or in fact. Appeals to the
Board for administrative review may be filed by any person or governmental
agency who is directly aggrieved by the order, requirements, decision
or determination from which the appeal is taken. Appeals and applications
shall be made on forms provided by the Department. Such appeals or
applications shall be acted upon within a reasonable time not to exceed
ninety days or such lesser period as may be provided by the rules
of the Board. Appeals and applications accompanied by the required
fees as established by the County Commissioners shall be filed with
the Department. In the case of appeals, the Department shall forthwith
transmit to the Board all papers constituting the record upon which
the action appealed from was taken.
A.
An applicant or applicant's attorney may request
for any action before the Board of Zoning Appeals a postponement of
the application's consideration or for an application yet to be scheduled,
its placement on inactive status. Said requests may be made at any
time; however, if the request is made after the public hearing has
been scheduled, the applicant or applicant's attorney shall then be
responsible for the payment of any and all reasonable re-advertising
and administrative costs associated with the rescheduling of the public
hearing. All such requests shall be in writing. In all cases where
a request for postponement of the application or a request for its
placement on inactive status is not rescinded by the applicant or
applicant's attorney within one year from the date the original application
was submitted, the application shall be considered withdrawn in its
entirety. Any further application for any action by the Board of Zoning
Appeals for the same property must be processed as an entirely new
application, including the remittance of all required fees.
[Added 10-17-2017 by
Bill No. 17-10]
(2)
In the case of special exceptions, variances and
expansions of nonconformities, every application shall be accompanied
by a site plan meeting the following requirements:
A.
Drafting standards. The site plan and all supporting
drawings shall be prepared on one or more reproducible sheets. Applications
with drawings larger than eleven by seventeen inches in size shall
provide additional copies for review as may be required. The plan
may be prepared at any conventional scale, provided that all information
is clear and legible. The plan shall contain sufficient detail, labeling
and dimensions to be easily understood. All lot dimensions shall be
based on actual measurement or deed description. All exhibits must
be easily removable from any mounting or frame. The Department may
require submission of the exhibits in electronic format.
B.
General data. The site plan shall identify the name
and address of the property owner and the applicant if not the same,
the general location of the property by use of an insert vicinity
map, North arrow, scale, date and zoning classifications. The plan
shall also bear the signatures of the applicant, the property owner
or his attorney in fact or at law and bear the name of the person
who prepared the site plan.
C.
Layout. The plan shall show all property lines,
structures, use areas, roads, access points, vehicular circulation,
parking areas, pedestrian circulation, signs, yard setbacks, drainageways,
utility lines, easements, landscaping, exterior lighting, fences,
walls and other physical features. Both existing and proposed features
shall be shown and labeled as such.
D.
Elevations. The plan shall show typical schematic
elevations of the major buildings and structures and of any freestanding
signs. The elevations shall indicate the type of construction and
basic exterior materials and color treatment.
E.
Relationship to abutting roads and properties. The
plan shall show the location of abutting roads, structures, use areas,
parking lots, fences, walls, signs and other significant physical
features within one hundred feet of the property line.
F.
General description. Accompanying the site plan
shall be a written description of the project and its intended use
or operation. Such description shall be typed on sheets eight and
one-half by eleven inches in size.
(3)
The Board may waive any of the requirements cited
in Subsection (d)(2) hereof where it finds them nonessential for rendering
its decision. The Board may adopt policies to be used for waivers.
The Board or Department may require such additional data, drawings
or documentation as it deems necessary to adequately review the application
for compliance with the intent and provisions of this Title. The Board
may continue any case in order to obtain additional data, drawings
or documentation.
(4)
The Board's granting of a special exception, variance
or expansion of a nonconforming use or structure shall authorize,
without deviation, only the uses and structures as shown on the site
plan as approved, including any modifications that the Board may have
incorporated in its approval. Deviation from such approved site plan
or attached modifications shall be considered a violation of this
Title.
(e)
Hearing; notice. The Board shall fix
a reasonable time for the hearing of appeals and applications, consistent
with its rules of practice and procedure. Public notice shall be given
by the Board for all hearings relating to zoning matters in accordance
with the procedures set forth in § ZS 1-114 hereof.
(f)
Calendar of the Board. A calendar of
the Board showing the times and dates of hearings relating to zoning
matters shall be maintained and posted in a conspicuous location in
the office of the Department. The Board shall assure that a current
copy of the calendar is provided to the Planning Commission.
(g)
Advice of Planning Commission.
(1)
The Board shall provide the Planning Commission
with a copy of its agenda at least fifteen days prior to each of its
meetings. The Planning Commission may comment on or appear at the
hearing on any matter pending before the Board. Such comments shall
be considered by the Board but shall not be binding upon the Board.
(2)
The Board may request from the Planning Commission
or Technical Review Committee such technical service, data or factual
evidence as will further assist the Board in reaching decisions, and
any such information forwarded by the Planning Commission shall be
incorporated into the public record and shall be made available to
the applicant if requested.
(h)
Stay of proceedings. An appeal to the
Board shall stay all proceedings, time requirements and approval periods
by all agencies and by all persons affected by the action appealed
from, including the applicant, unless the Department certifies to
the Board that, by reason of facts stated in the certificate, a stay
would, in the Department's opinion, cause imminent peril to life or
property, in which case the Board may, by written order, permit such
proceedings to go forward, in whole or in part, under such restrictions
as the Board may deem appropriate. This section shall not be construed
to permit the continuance of any action constituting or compounding
a violation hereof, it being the intent that all agencies and persons,
including the applicant and the Department, involved in the matter
cease all actions affecting the same (unless exception is made as
herein provided) until the Board has decided the matter.
(i)
Repeated application for special exception, variance
or expansion of nonconforming use or structure. No application
for a special exception, variance or expansion of a nonconforming
use or structure shall be accepted by the Department if the application
is for substantially the same proposal on the same property as an
application denied by the Board within the previous twelve months
as measured from the date of the Board's vote for denial. However,
the Board may allow an applicant to withdraw an application at any
time, provided that, if the request for withdrawal is made after publication
of the notice of public hearing, no similar application shall be allowed
within twelve months following the date of such withdrawal. The Board
may specify by formal resolution that the time limitation shall not
apply in such cases where the Board finds that the applicant is unable
to attend the advertised hearing for any of the following reasons:
(1)
A death in the immediate family of the applicant
or his/her attorney.
(2)
A serious illness on the part of the applicant
or his/her attorney which requires the treatment or supervision of
a medical doctor.
(3)
The incarceration or criminal detention of the
applicant or his/her attorney.
(4)
Any other like circumstance that the Board determines
to be of such a serious nature as to prohibit the attendance of the
applicant or his/her attorney.
(j)
Limitation of authority of Board.
(1)
Nothing contained in this section shall be deemed
to authorize the Board to reverse or modify any refusal of a permit
or any other order, requirement, decision or determination which conforms
to the provisions of this Title and which is therefore not erroneous
or to authorize the Board to validate, ratify or legalize any violation
of law or of the provisions of this Title.
(2)
The Board shall not amend any of the provisions
of this Title, including the Official Zoning Maps, except as specifically
authorized in Subsection (c)(2) hereof.
(k)
Powers with respect to forest conservation matters. The Board shall have only the following powers and functions:
(1)
To hear and decide appeals from an applicant where
it is alleged that there is an error in the application of the law
(but not in discretionary judgment), in any order, requirement, decision
or determination made by the Department in the administration or enforcement
of the Worcester County Forest Conservation Law.[1]
[1]
Editor's Note: See § NR 1-401 et seq. of the
Natural Resources Article of the Code of Public Local Laws of Worcester
County, Maryland.
(2)
To hear and decide applications from an applicant
for adjustments and exceptions to the requirements of the Worcester
County Forest Conservation Law in accordance with the provisions thereof.
(3)
Decisions of the Board with respect to such matters
shall be made after a hearing following the same procedures established
for a zoning case in Subsections (d)(2) and (d)(3) and Subsections
(e), (g), (h) and (i) hereof.
(l)
Powers with respect to the Chesapeake Bay Critical
Area. In accordance with the provisions of § NR
3-211 of the Worcester County Natural Resources Article, as from time
to time amended, the Board shall have the power to authorize upon
appeal in specific cases variances to the terms of the Natural Resources
Article of the Code of Public Local Laws of Worcester County, Maryland,
NR3, Subtitle NR3:II, Worcester County Chesapeake Bay Critical Area
Ordinance.
(m)
Powers with respect to the Atlantic Coastal Bays
Critical Area. The Board shall have only the following
powers and functions with respect to the Atlantic Coastal Bays Critical
Area:
(1)
In accordance with the provisions of § NR
3-111 of the Worcester County Natural Resources Article, as from time
to time amended, the Board shall have the power to authorize upon
appeal in specific cases variances to the terms of the Natural Resources
Article of the Code of Public Local Laws of Worcester County, Maryland,
NR3, Subtitle NR3:I, Atlantic Coastal Bays Critical Area Ordinance.
(2)
In accordance with the provisions of any buffer
management plans adopted by resolution of the County Commissioners
in accordance with the provisions of the Natural Resources Article
of the Code of Public Local Laws of Worcester County, Maryland, Title
3, Subtitle I, Atlantic Coastal Bays Critical Area Ordinance, the
Board shall have the power to review the decision of the Department
with respect to the denial of requests for payment in lieu for required
mitigation or bufferyard establishment.
(n)
Powers with respect to construction along shorelines. The Board shall have only the following powers and functions with
respect to construction along shorelines:
[Added 9-15-2015 by Bill
No. 15-10]
(1)
In accordance with § NR 2-102(h)(1) of
the Natural Resources Article of the Code of Public Local Laws of
Worcester County, Maryland, as from time to time amended, the Board
shall only have the power to hear and decide appeals where it is alleged
that there is an error in the application of the law (but not in discretionary
judgment) in any requirement, decision or determination made by the
Department or Approval Authority charged with administration of construction
along shorelines as specified in § NR 2-102 relative to
any application for shoreline construction. In considering such an
appeal and making a decision the Board shall make specific findings
of fact with regard to the Department's or Approval Authority's decision
on the application relative to the following: environmental impact;
navigational impact; recreational potential; commercial benefit to
Worcester County; the impact of the proposed construction upon the
surrounding neighborhood and upon property values therein; and such
other matters as the Board may consider appropriate and germane to
the issue.
(2)
To authorize modifications to the limitations on
the extension of waterfront structures into a body of water pursuant
to § NR 2-102(e)(1), as from time to time amended.
(3)
To authorize modifications to the minimum separation
requirement of waterfront structures to adjoining property lines pursuant
to § NR 2-102(e)(2), as from time to time amended.
(a)
Authority and designation. Pursuant to
the provisions of Article 66B, § 4.05(d) of the Annotated
Code of Maryland, as from time to time amended, the County Commissioners
may designate the Director of the Department or other appropriate
individual as the administrative hearing official to provide for certain
administrative adjustments from the requirements of this Title in
accordance with the provisions of this section.
(b)
Who may file an application for administrative appeal. Applications for administrative appeal may be filed by only the
owner, contract purchaser, option holder or lessee of the property
to be affected or by his attorney or agent. Applications filed by
persons other than the property owner must be cosigned by the property
owner or the property owner's attorney at law or in fact.
(c)
Forms, time for action, site plans. Applications
shall be made on forms provided by the Department. Applications shall
be accompanied by the required fees as established by the County Commissioners
and shall be filed with the Department. The application shall also
be accompanied by a site plan prepared in accordance with the standards
cited in § ZS 1-116(d)(2) hereof, except where the
administrative hearing official finds them nonessential for rendering
a decision, and by any additional information necessary to review
the request as determined by the Department.
(d)
Fees. The County Commissioners shall
by resolution establish a fee schedule for applications requesting
administrative adjustments.
(e)
Limitations and standards. Administrative
adjustments may only be made in the following cases and subject to
the standards contained herein:
(1)
A proposed encroachment into a required yard setback
which is less than or equal to twenty percent of the required setback
where the applicant has affirmatively demonstrated each of the following:
A.
Special conditions and circumstances exist which
are peculiar to the land, structure or building involved.
B.
Literal interpretation of the provisions of this
Title would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this Title.
C.
The special conditions or circumstances did not
result from actions of the applicant.
D.
The condition or circumstance is not one that could
be reasonably provided for under legislation of general applicability
within the zoning district and shall be granted only on account of
the uniqueness of the situation.
E.
The granting of the administrative adjustment would
not be contrary to the public interest and there is an unnecessary
hardship of other than a financial nature.
(2)
An after-the-fact encroachment into a required
yard setback which is less than or equal to five percent of the required
yard setback, but in no case greater than one foot, where in addition
to the criteria contained in Subsection (e)(1) hereof the applicant
has affirmatively demonstrated that the encroachment resulted from
an error in the layout or construction of the structure which was
indeterminate until the time of final inspection.
(3)
A reduction in the off-street parking requirements
contained in § ZS 1-320 hereof of not greater than
twenty percent where, on a case by case basis, it is demonstrated
that due to the particular nature of a use or business, the condition,
shape or size of a particular property, or a special circumstance
as determined by the administrative hearing official that such reduction
is appropriate.
(4)
A modification of the off-street parking requirements
contained in this Title with respect to the layout, arrangement, separation,
or setback, but not with regard to number of parking spaces, where
such modification serves to reduce an environmental impact or to achieve
greater compliance with the provisions of this Title for an existing
nonconforming use or structure.
(5)
A modification of the separation distance between
an accessory apartment located within an accessory building and the
principal building on the property where such modification serves
to reduce an environmental impact.
(6)
A proposed encroachment into a required yard setback
for the addition of a new structure or use at an existing poultry
operation in accordance with the provisions of § ZS 1-349(g)(6)
hereof.
[Added 4-25-2017 by Bill
No. 17-3]
(f)
Procedure. Within thirty days of receipt
of a complete application, site plan and the required fee, the Department
shall review the application and accompanying documentation. If the
application is found to be deficient, it shall be returned to the
applicant with an explanation of its deficiencies in writing. If found
to be complete, the Department shall notify in writing the owners
of all properties, as shown on the tax records of the County, contiguous
and opposite to the property that is the subject of the application.
Opposite properties are measured at right angles to the center line
of any intervening road. The notification shall be sent to the address
to which the tax bill is sent and shall include a copy of the application,
an explanation as to its nature, and a form, to be completed and returned
to the Department within fifteen calendar days of the original mailing
of notice, which shall be used by the recipient to request an opportunity
to be heard if he or she so desires. The subsequent procedure shall
be as follows:
(1)
Should the Department fail to receive a request
to be heard within the fifteen day time period, the Department shall
schedule a time for the administrative hearing official's consideration
and decision on the applicant's request within twenty-one calendar
days. The applicant may request to be present during the consideration
and offer additional information, testimony or exhibits.
(2)
Should the Department receive a request to be heard
by a notified individual, it shall schedule a time within thirty calendar
days of the request to consider the application and to take any testimony
and evidence. The date and time shall be during normal business hours.
The applicant and all notified property owners shall receive notice
as to the day and time of consideration. Requests for postponement
of consideration of the application may be filed by the applicant
or protestants but shall only be granted by the administrative hearing
official in extreme cases. The administrative hearing official shall
establish reasonable rules of procedure, which shall be informal in
nature, for the consideration of the request, including the receipt
of testimony, evidence and exhibits. Prior to a decision on the application
the administrative hearing official may continue the case solely for
the purpose of obtaining additional evidence or testimony or for the
administrative hearing official to seek information or advice from
other departments. A continuance shall not be granted to either the
applicant or protestants simply to provide for additional preparation
time.
(3)
All decisions on applications for administrative
adjustment shall include written findings of fact and shall be made
available within fifteen calendar days of the final decision.
(a)
Enforcement by Department; appeals to Board of Zoning
Appeals. It is the intent of this Title that all questions
of interpretation and enforcement shall be first presented to the
Board of Zoning Appeals only on appeal from the decision of the Department
and that recourse from the decision of the Board of Zoning Appeals
shall be the Circuit Court of the County.
(b)
Powers of County Commissioners. It is
further the intent of this Title that the duties of the County Commissioners
in connection with this Title shall not include hearing and deciding
questions of interpretation and enforcement that may arise. Under
this Title, the County Commissioners shall have only the following
duties:
(1)
Considering and adopting or rejecting proposed
amendments to the text and the maps or the repeal of this Title as
stated in § ZS 1-113 hereof.
(2)
Establishing a schedule of fees, charges and expenses
as stated in § ZS 1-106 hereof.
(3)
Creation of the Planning Commission and appointment
of its members as stated in § ZS 1-112 hereof.
(4)
Creation of the Board of Zoning Appeals and appointment
of its members as stated in § ZS 1-116 hereof.
(5)
Creation of the Historic District Commission and
appointment of its members as stated in § ZS 1-301
hereof.
(6)
The imposition of moratoria by resolution in order
to accomplish the purposes of the Comprehensive Plan and the intent
of this Title and to safeguard the planning processes and provide
for smooth transitions and protection of the health, safety and welfare
of the population.
(7)
Imposing impact fees and exactions as appropriate
and necessary.
(8)
Considering and acting upon overlay zones and residential
planned communities (RPCs) and Historical/Cultural/Agricultural Floating
Zones (HCAs).
(9)
Adopting development standards.
(10)
Exercising such other powers and duties as are
provided for specifically by law.
(11)
Adopting plans, including comprehensive development
plans, transportation corridor plans and any plans necessary for the
purposes of this Article, by resolution after public hearing pursuant
to § ZS 1-114 hereof.
(a)
Who may appeal. The Planning Commission,
the County Commissioners or any person with standing aggrieved by
any decision of the Board of Zoning Appeals or by a zoning district
reclassification by the County Commissioners may appeal the same to
the Circuit Court of the County. The County Commissioners shall be
considered to have standing in all decisions of the Board of Zoning
Appeals and may appeal any such decision in accordance with this section.
(b)
Time for appeal. The time for appeal
shall be governed by the Maryland Rules of Procedure, as from time
to time amended, and shall run from the date of the mailing of the
decision and findings of fact to the applicant and all other parties
who have requested the findings and decision in writing at the hearing.
In the event that a decision of the Board of Zoning Appeals is announced
prior to such mailing or delivery, a permit may be issued based on
such decision, but the permittee shall take the same at his own risk.
(c)
Record. The appellant shall pay all costs
of preparing the record.
(d)
Costs against Board of Zoning Appeals. Costs shall not be allowed against the Board of Zoning Appeals unless
it shall appear to the Circuit Court that the Board acted with gross
negligence, in bad faith or with malice in making the decision appealed
from.
(e)
Decision of Circuit Court; appeal to other courts;
costs. An appeal may be taken to the Court of Special
Appeals or the Court of Appeals, within such time and in the manner
prescribed by the Maryland Rules of Procedure, from any decision of
the Circuit Court. In such cases, the award of costs shall be subject
to the discretion of the Appellate Court.
(a)
Complaints regarding violations. Whenever
a violation of this Title occurs or is alleged to have occurred, any
person may report the same, either verbally or in writing, to the
Department. Complaints shall be filed immediately in a permanent file
by the Department, which shall then immediately investigate and take
action thereon as provided by this Title.
(b)
Penalties for violations.
(1)
Unless otherwise specified in this Article, violations
of the provisions of this Title or failure to comply with any of its
requirements shall constitute a civil infraction.
(2)
The owner or tenant of any building, structure,
premises or part thereof and any architect, builder, contractor, agent
or other person who commits, participates in, assists in or maintains
such violation may each be found guilty of a separate offense and
suffer the penalties herein provided.
(3)
To the maximum extent reasonable, the court shall
order the violation removed or corrected and may issue such additional
orders as the court may deem appropriate to safeguard against future
violations of this Title.
(4)
Nothing herein contained shall prevent the County
from withholding the issuance of a permit or from revoking an issued
permit, special exception, variance or approval from the offender
or from taking such other lawful action as is necessary to prevent
or remedy any violation of this Title.
(c)
Misdemeanor violations. Where a violation
of this Article is specified to be a misdemeanor, then it shall be
enforced pursuant to the provisions of § ZS 1-101(e)
hereof and § 7.01(a)(2) of Article 66B of the Annotated
Code of Maryland, as from time to time amended, regarding enforcement
and remedies.
(a)
"Essential services" defined. Essential
services shall be defined as facilities such as wires, lines, cables
or pipes and supporting structures thereof that are reasonably necessary
to provide individual properties or lots with water, sewer, gas, electric,
telecommunications or similar services. Such facilities may be located
in public rights-of-way, in special easements or on private property.
Essential services shall not include wastewater treatment facilities
or water supply systems as defined in § ZS 1-328 hereof
or any cross-County 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, radio or television transmission
or receiving structures, and telecommunications facilities.
(b)
Exemption. Such essential services shall
be permitted in any district, it being the intent hereof to exempt
such essential services from the application of this Title, provided
that all such essential services which involve the construction of
an above-grade building or structure twenty square feet or greater
in horizontal area and four feet or greater in height above the surrounding
grade shall be subject to the review and approval of the Department.
In conducting such review, the Department shall assure that the structure
proposed is compatible with the surrounding area and presents no safety
or health hazard. To such end, it may prescribe such conditions and
safeguards as may be appropriate.
(a)
Statement of intent. Unless otherwise
specifically provided in this Title, within the districts and under
the provisions established by this Title and amendments hereto, there
may exist lots, structures, uses of land and uses of structures and
land in combination which were lawful when established but which are
prohibited or restricted under the terms of this Title or future amendment.
It is the intent of this Title to permit these nonconformities to
continue yet encourage their conformance with current regulations
whenever possible. It is further the intent of this Title that nonconformities
shall not be altered, reconstructed, relocated, enlarged upon, expanded
or extended except as herein provided.
(b)
Nonconforming lots as a result of government action. From time to time, lots legal under this Title and future amendments
may become nonconforming in lot area, depth or width as a result of
government action, including such action as the acquisition of additional
road right-of-way. Such nonconforming lots shall, without further
action, be considered conforming, except that encroachment of required
setbacks for uses and structures shall be permitted only by approval
of the Board as a variance in accordance with the provisions of § ZS 1-116
hereof, unless grandfathered under the provisions of § ZS 1-126
or § ZS2-116 hereof.
(c)
Single-family dwellings and manufactured and mobile
homes on nonconforming lots of record. In any district
in which single-family dwellings or manufactured or mobile homes are
permitted, a single-family dwelling or manufactured or mobile home
and customary accessory buildings may be erected on any single lot
of record, notwithstanding limitations imposed by other provisions
of this Title, provided that a single-family dwelling or manufactured
or mobile home could have been lawfully erected on such lot immediately
prior to the effective date of this Title, subject to the following
provisions:
(1)
Setbacks shall be established as follows:
A.
For lots platted prior to July 27, 1965, the least
restrictive of the following shall apply:
1.
In no case shall any one side yard setback be less
than ten percent of the width of the lot or six feet, whichever is
the greater. The depth of the rear yard setback on such lot shall
be thirty percent of the depth of the lot, but in no case shall it
be less than fifteen feet. In cases where the right-of-way of the
road on which the lot fronts is less than fifty feet in width, the
depth of the front yard setback shall be the front yard setback required
by the district regulations plus twenty-five feet measured from the
center line of the right-of-way. The front yard depth shall be further
increased to comply with the provisions of § ZS 1-305(b)
hereof if applicable.
2.
As established by current district regulations.
(2)
In cases where the lot does not front on a public
or approved private road, a single-family dwelling, or no more than
one farm building group, may be situated on a lot which is served
by a deeded right-of-way of not less than fifteen feet in width, or
a legally established easement or right-of-way not less than fifteen
feet in width, satisfactorily proven by probative documentary evidence,
which may include an opinion from an attorney at law licensed to practice
law in the State of Maryland.
(3)
The water supply and sewage disposal system for
the lot shall be approved by the Environmental Programs Division.
(4)
Manufactured and mobile homes permitted by special
exception in any district shall comply with the provisions of § ZS 1-116(c)(3)
hereof.
(d)
Nonconforming uses of structures, land or structures
and land in combination. If a lawful use involving structures,
land, or structures and land in combination existed at the effective
date of adoption or amendment of this Title that would not be allowed
in the district under the terms of this Title or amendment, the use
may be continued so long as it remains otherwise lawful, subject to
the following provisions:
(1)
Without prior approval of the Board of Zoning Appeals
as a special exception, on any single lot of record, the noncomplying
portion of any such structure shall not be:
A.
Enlarged or extended. The Board of Zoning Appeals
shall have no authority to grant approval of any enlargement or extension
which expands by more than fifty percent of the original gross floor
area and cubic content of the noncomplying portion of the structure
at the time it became nonconforming; or
B.
Reconstructed; or
C.
Moved; or
D.
Structurally altered.
(2)
No nonconforming use of land shall be enlarged
in area or moved to a new location except by action of the Board of
Zoning Appeals as a special exception. The Board may grant an expansion
not to exceed fifty percent of the original land area used in a nonconforming
manner at the time it became a nonconforming use. The Board shall
have no authority to grant an expansion exceeding fifty percent of
the original land area used in a nonconforming manner at the time
it became a nonconforming use.
(3)
Any nonconforming use may be extended throughout
the remaining parts of the building in which it is located, provided
that such parts were manifestly arranged or designed for such use
at the time of adoption or amendment of this Title. Board action is
not required.
(4)
Any structure, land, or structure and land in combination
in or on which a nonconforming use is superseded by a permitted use
shall thereafter conform to the regulations for the district in which
it is located, and the nonconforming use may not thereafter be resumed.
(5)
When a nonconforming use of a structure, land,
or structure and land in combination is abandoned for twelve consecutive
months, the structure, land, or structure and land in combination
shall not thereafter be used except in conformity with the regulations
of the district in which it is located.
(6)
Notwithstanding any other provisions of this Title,
any nonconforming structure lawfully existing at the time of the adoption
or amendment of this Title which shall be destroyed to any extent
by forces of nature or casualty may be repaired or reconstructed at
its prior location without Board action, provided that such structure
is reconstructed within two years from the date of destruction. Destruction
by forces of nature or casualty shall not include demolition or destruction
by neglect or failure to maintain.
(e)
Repairs and maintenance.
(1)
Ordinary repairs and maintenance may be performed
on any nonconforming structure.
(2)
If a nonconforming structure or portion thereof
becomes physically unsafe or unlawful to occupy due to lack of repairs
or maintenance and is declared by any duly authorized official to
be unsafe or unlawful for occupancy by reason of physical condition,
it shall not thereafter be restored or rebuilt except in conformity
with this section.
(f)
Uses and structures allowed under special exception
provisions. Any use or structure which exists at the effective
date of this Title or amendment thereto which is permitted by this
Title as a special exception in the district where such use or structure
is located shall not be deemed a nonconforming use or structure in
such district but shall without further action be considered a conforming
special exception. Such use or structure, however, shall be subject
to the jurisdiction of the Board of Zoning Appeals as a special exception
and shall not be expanded or otherwise modified or enlarged except
upon Board hearing and approval.
(g)
Existing one- and two-family dwellings. A lawfully existing one- or two-family dwelling or a lawfully existing
manufactured or mobile home utilized as a residence on a single lot,
including their customary incidental uses and accessory structures,
are exempt from the provisions of this section, provided that:
(1)
Such structures are nonconforming as to their use
under current zoning district regulations; and,
(2)
Such structures comply with the least restrictive
height and setback requirements for the zoning district in which located;
and,
(3)
If abandoned, use of the dwelling or manufactured
or mobile home as an occupied dwelling is resumed within two years
of the date of abandonment.
(a)
Application. Proposals for approved private
roads shall be made by petition to the County Commissioners. The petition
must be signed by all record owners of all lands to be served by the
proposed road. In the event that the proposal is in conjunction with
a map amendment or residential planned community application, the
petition may accompany the map amendment application, residential
planned community application or application for public easement road
designation. Every petition shall be in a form prescribed by the County
Commissioners and shall be accompanied by a plat, drawn to scale,
showing property lines, the existing and proposed district boundaries,
the general location of the proposed private road, the construction
and maintenance standards of the proposed private road and such other
information as the County Commissioners may deem appropriate in order
to properly review the petition. The petition shall include information
as to the proposed method of payment for maintenance of the road and
assurances to the County Commissioners that such road shall be properly
maintained so long as necessary.
(b)
Planning Commission review. The County
Commissioners shall refer the petition to the Planning Commission
for its review and report. The Planning Commission shall review the
petition at a regularly scheduled meeting and shall provide the applicant
with an opportunity to be heard.
(c)
Planning Commission report. After receipt
of the Planning Commission's report, the County Commissioners shall
schedule a meeting with the applicant, at which time the applicant
shall have the opportunity to provide additional information or to
answer questions with regard to the proposal. The County Commissioners
may but shall not be required to hold a public hearing with respect
to the application in such cases where the County Commissioners determine
that the approval of the private road shall have an impact on the
public generally.
(d)
Criteria. The County Commissioners shall,
in making a determination as to whether or not to approve the private
road, consider the following:
(1)
Its relationship to existing and planned public
roads of the County.
(2)
The nature of the area to be served by the road.
(3)
The desirability or necessity of public access
to the areas to be served by the road.
(4)
Whether or not the construction and maintenance
of the road is financially feasible.
(5)
Proposed construction and maintenance standards.
(6)
The proposed maintenance plan.
(e)
Determination. The County Commissioners
shall, by resolution, approve or disapprove the proposed private road.
In the event that the road is approved, the resolution shall be recorded
among the land records of Worcester County, Maryland, and be indexed
at the expense of the applicant under the name of all property owners
served by the road.
(f)
Plats and covenants. Any plats showing
an approved private road shall contain an appropriate notation indicating
that the road is an approved private road and the date or recording
reference of the resolution. The County Commissioners may, as a condition
to approval, require a recorded deed covenant running with the land,
in such form as may be satisfactory to the County Commissioners, indicating
and acknowledging the existence of the approved private road and establishing
a procedure for collection of fees for maintenance thereof.
(g)
Construction and maintenance standards. The County Commissioners may, by resolution, establish or adopt
construction and maintenance standards for approved private roads.
Any permit or approval granted pursuant to this Title shall
expire one year from the date of approval unless a different date
for expiration is specified herein or as a condition of such permit
or approval. In the event of a bona fide appeal of an approval or
permit or other bona fide litigation, then the running of the time
before the expiration of the permit or approval shall be extended
until the final determination of the appeal or litigation by action
of the Board of Zoning Appeals or the court. The approving agency
or body may extend the one-year limitation for up to one additional
year in the case of unique circumstances where bona fide hardship
would result if such extension were not given, provided that the application
for extension is filed prior to the expiration date of the permit
or approval.
(a)
General. Bonds posted in conjunction
with subdivision approval, site plan approval or issuance of a permit
or zoning/occupancy certificate or to otherwise meet the requirements
of this Title or the Natural Resources Article shall be in conformance
with this section.
(b)
Types of bonds. Only cash bank deposits
in federally insured institutions, certified or cashiers checks, irrevocable
letters of credit issued by federally insured institutions or corporate
surety bonds with sureties approved by the County Commissioners shall
be accepted as bonds. No property bonds shall be accepted.
(c)
Amount of bond. The bond amount shall
be one hundred twenty-five percent of the estimated cost of completion,
as approved by the County Commissioners, of the items for which the
bond is posted.
(d)
Bond agreement. The person requesting
any approval that requires that a bond be posted shall execute an
agreement with the County agreeing to complete those items for which
the bond is posted and shall execute a separate bonding instrument.
(e)
Reduction of bond. The County Commissioners
reserve the right to reduce the bond amount upon proof of satisfactory
completion of work items covered under the bond. However, the bond
amount shall not be reduced below one hundred twenty-five percent
of the estimated cost of completion, as approved by the County Commissioners,
of the remaining items for which the bond is posted. In addition,
no more than three bond reductions shall be approved for any project
in any twelve-month period.
(a)
Purpose and intent. It is the general
intent of the County Commissioners to permit the continuation of projects
for which plan approval has been given prior to the adoption date
hereof under certain prior requirements, so as not to cause undue
hardship upon developers and to promote orderly development of projects
as previously approved.
(b)
EFFECTIVE DATE OF THIS ARTICLE
PLAN APPROVAL
PROJECT
REQUIREMENT
Definitions. For the purpose of this
section, the following definitions shall apply:
November 3, 2009.
Issuance of a permit, special exception approval, site plan
approval, preliminary plat approval, final plat approval, record plat
approval, residential planned community Step I approval, residential
planned community Step II approval, unified commercial or industrial
development plan approval or any other plan approval which is determined
by the Department to be one of such similar nature so that the purpose
and intent of this section is fulfilled.
Any proposed subdivision, development or redevelopment of
land or buildings within the County.
Any regulation, law, requirement, criteria, standard or other
regulatory imposition.
(c)
Grandfathering provisions. Transitional
provisions to be known as "grandfathering" provisions are hereby adopted.
Such provisions shall be limited as follows and shall provide for
the continuance of development under certain prior requirements of
projects:
(2)
All unexpired plan approvals granted pursuant to
the provisions of the Zoning and Subdivision Control Article of the
Code of Public Local Laws of Worcester County, Maryland in effect
at the time of said plan approval shall be considered to have received
approval on the effective date of this Title with respect to the expiration
of such plan approvals. Expiration of said plan approvals shall be
as specified in the following sections of the Zoning and Subdivision
Control Article:
A.
Section ZS 1-115(g), building permits.
B.
Section ZS 1-116(c)(3), Special exceptions,
with the exception that such approvals shall not be required to be
accepted in writing by the applicant.
C.
Section ZS 1-124, Expiration of approvals and
permits.
D.
Section ZS 1-315(k)(2)A5, Step I approval of
residential planned communities.
E.
Section ZS 1-315(k)(2)B8, Step II approval
of residential planned communities.
F.
Section ZS 1-325(g)(5), site plans.
G.
Section ZS 1-337, Transient uses.
H.
Section ZS2-403(d), preliminary subdivision plats.
I.
Section ZS2-404(d), construction plans.
J.
Section ZS2-405(g), final subdivision plats.
(3)
Project development may proceed in accordance with
the plan approval unless such approval shall expire. In the case of
expiration, reapproval shall be in conformance with all provisions
of the Zoning and Subdivision Control Article in effect at the time
of reapplication.
(d)
Effect of previous regulations. To the
extent necessary to implement the grandfathering provisions adopted
hereunder, the provisions of the Zoning and Subdivision Control Article
in effect at the time of plan approval shall remain in full force
and effect applicable to projects subject to any grandfathering provisions
so adopted.
(e)
Grandfathering of billboards. There shall
be no grandfathering provisions for billboards in this section, but
any billboard required by the governing body to be removed shall be
subject to the provisions of § 1-1305 of the Annotated Code
of Maryland, as from time to time amended.[1]
[Amended 6-15-2021 by Bill No. 21-5]
[1]
Editor's Note: See § 1-1305 of the Local Government
Article of the Annotated Code of Maryland.