In the C-1 Select Commercial District, the manufacturing
and assembly of a finished product may be permitted, provided all
activities are conducted entirely within a building and retail sales
of products made on site are a part of such activity.
[Added 11-21-2023 by Bill No. 2023-16]
A. A cannabis business may not locate within:
(1)
One thousand feet of a preexisting primary or secondary school
in the state;
(2)
Five hundred feet of a licensed child-care center or registered
family child-care home, playground, recreation center, library, place
of assembly or public park;
(3)
One thousand feet of another cannabis business; or
(4)
Three hundred feet of a residence.
B. A cannabis on-site consumption establishment is prohibited within
Wicomico County.
C. A cannabis business not enumerated as a permitted use in §
225-67 is prohibited within Wicomico County.
D. The distance from a cannabis business to a place enumerated in Subsection
A of this section is to be measured, in all directions, from parcel boundary to parcel boundary.
For bulk regulations, see §
225-74, Schedule of District Regulations.
If a group home/youth group home is in a residential
district:
A. An appearance shall be maintained that is closely
similar to nearby dwellings; and
B. No sign shall identify the use.
Hospitals and other medical facilities, including
mental health treatment facilities, may be permitted, provided:
A. Setback requirements. All structures shall be located:
(1) Two hundred feet from any adjacent residential district;
and
(2) Fifty feet from any other use.
B. Accessory uses shall meet the setback requirements
for the principal building.
C. Building height limit shall be as determined by the
approving authority but in no case more than 100 feet.
The Planning Commission may approve a manufactured
home park in compliance with the following provisions.
A. The proposal must be planned, developed and improved
for the placement of three or more manufactured homes.
B. Review and approval.
(1)
Manufactured home parks shall require a development
plan.
(2)
In order to provide the developer an opportunity
to receive and discuss comments relating to the impact of a proposed
manufactured home park on community facilities, population, traffic,
etc., in the early development stages of a park, a site plan shall
be required prior to submission of a development plan.
(3)
Where a park is to be developed in sections,
a development schedule shall be required.
(a)
The schedule shall clearly show each stage of
development and indicate the number of manufactured homes to be accommodated.
(b)
All landscaping, streets, paving, utilities
and recreation areas required to serve each section shall be in place
and inspected for compliance with all applicable regulations prior
to occupancy of any manufactured home in the section.
(c)
If the park is to be developed as a whole, all
improvements shall be in place and the park inspected for compliance
with all applicable regulations prior to occupancy of any manufactured
home.
C. Minimum design standards and restrictions. Where,
in the opinion of the Planning Commission, because of a condition
peculiar to the site, such as a man-made or natural barrier, a provision
is unreasonable or not necessary to fulfill the general intent of
these standards, such provision may be waived, modified or an alternative
permitted.
(1)
Land area.
(a)
Manufactured home park: five acres.
(b)
Any proposed service building: 20,000 square
feet.
(c)
Each proposed manufactured home pad site shall
contain:
[1]
Six thousand square feet in a resource conservation
district; and
[2]
Four thousand square feet in a commercial district.
(2)
The maximum permitted density of a manufactured
home park shall not exceed:
(a)
In an A-1 Agriculture-Rural or V-C Village Conservation
District: four manufactured home sites per gross acre.
(b)
In the C-2 General Commercial District: six
manufactured home sites per gross acre.
(3)
Where on-site private water and sewerage systems
are proposed, additional land may be required. The amount of land
and type of system to be provided shall be a determination of the
Wicomico County Health Department and all other appropriate state
agencies.
(4)
Park roads.
(a)
Direct access from a manufactured home site
to a public road shall not be permitted.
(b)
All sites shall be designed to be served by
internal park roads, providing for continuous forward motion and unobstructed
access to a public road.
(c)
Internal roads shall be paved a minimum width
of 20 feet with tar and chip, or comparable material, approved by
the Director of Public Works.
(d)
The park roads shall provide direct connection
between a public road and each manufactured home site.
(e)
Minimum width of a road shall be 20 feet.
(f)
A cul-de-sac not exceeding 1,200 feet in length
may be formed by a paved turnaround with a minimum radius of 40 feet.
(5)
Manufactured home parks shall provide a minimum
of 100 feet of frontage on a public road.
(6)
Each manufactured home shall be placed on its
pad or site so that no part of said manufactured home shall be closer
than:
(a)
To any other manufactured home:
[1]
In a resource conservation district: 40 feet.
[2]
In a commercial district: 20 feet.
(b)
To any service building: 40 feet.
(c)
To any interior street: 25 feet.
(d)
To any public street or highway right-of-way
line: 75 feet.
(e)
To any property line of the park: 35 feet.
(7)
At a minimum, on-site open space equal to 8%
of the total area of the park shall be provided. Parking areas shall
not be considered as open space.
(a)
Open space areas shall be of regular shape,
centrally located, on dry ground and, if not initially developed as
active recreation areas, shall be usable for future recreation purposes
when necessary.
(b)
In large manufactured home parks, recreation
areas may be decentralized to minimize walking distance for occupants.
(8)
Manufactured home parks shall be located on
a well-drained site, properly graded to assure proper drainage and
free from standing water.
(a)
Manufactured home parks shall not be located
in areas subject to flooding.
(b)
A drainage plan shall be submitted to the Department
of Public Works, for review and approval.
(9)
Rules and regulations for the operation and
maintenance of the park shall be required and shall include, but not
be limited to:
(a)
Maintenance of recreation areas and landscaping.
(c)
Location of outside storage.
(d)
Fire protection and maintenance of streets.
(e)
Parking and service and utility areas.
(10)
Service buildings shall be for the sole use
of occupants of the park, and services shall be limited to laundry,
sanitary, postal, trailer supply facilities and on-site management
offices.
(11)
For landscaping requirements see Part 11.
(12)
For parking requirements see Part 10.
(13)
The base of each manufactured home shall be
enclosed with fire-resistant boxing or skirting material designed
for such use.
D. Commencement of construction, inspection and authorization
to occupy park.
(1)
All required plans, rules and regulations shall
be approved, dated and signed by the appropriate department or agency
and one copy filed with the Building Inspector and one copy in the
Department's office prior to issuance of any permit to commence construction
of the park.
(2)
Inspection of park improvements shall be made
by the Wicomico County Department of Public Works, Wicomico County
Department of Planning, Zoning and Community Development and the Health
Department, and each department shall certify in writing that such
improvements are in place and in compliance with conditions of approval
for the park, the requirement of this chapter and any other applicable
county regulations and/or codes. The Wicomico County Department of
Planning, Zoning and Community Development shall present such written
certification prior to issuance of a license to operate a park.
[Amended 12-18-2012 by Bill No. 2012-13]
(3)
The park shall not be occupied until the County
Executive has issued a license.
[Amended 10-17-2006 by Bill No. 2006-11]
Commercial nurseries, including greenhouses
with on-premises sales may be permitted, provided:
A. Tools and equipment shall not be displayed outdoors.
B. Sale of products determined by the Board of Appeals
to be accessory to this use shall be limited by the Board of Appeals
to a specified area of the operation.
C. Power equipment, such as gas or electric lawn mowers,
and farm implements shall not be sold on premises.
D. Greenhouses shall have a minimum setback of twice
the height of the building, but in no case less than the setback requirements
for the district in which it is located.
E. Storage of all materials which produce odors or attract
pests shall be effectively covered.
F. Commercial greenhouse lot area: five acres.
[Amended 9-6-2016 by Bill
No. 2016-11]
A. Except as otherwise restricted by this chapter, poultry may be kept, raised, or bred for the use of persons residing on the property, provided that any structural enclosure (not to include fencing) does not exceed 256 square feet, gross floor area. The structural enclosure shall be set back from a property line as prescribed in §
225-70.
B. The following standards apply to all new poultry houses located within
an Agricultural-Rural (A-1), Town Transition (TT), Village Conservation
(VC), General Commercial (C-2), Regional Commercial (C-3), or Light
Industrial (I-1) Zoning District.
(1)
Buffer. A landscaping plan shall be submitted to the County
Zoning Administrator demonstrating a vegetative buffer for the visual
screening of active portions of the poultry operation. This includes
all related structures and appurtenances. A vegetative buffer would
not be required if sufficient vegetation is in place on or adjacent
to the site as determined by the Administrator. A vegetative buffer
would not be required if the immediately adjacent property is subject
to a recorded open space or agricultural easement. The vegetative
buffer is to be established as follows:
(a)
A minimum of three staggered rows of plant materials with ten-foot
center spacing shall be placed at a width of 10 feet to 20 feet between
rows. The furthest row from the poultry operation must consist of
evergreen trees.
(b)
Plant material is to be a minimum of at least one gallon stock,
or approximately 18 inches when planted.
(c)
Buffers shall be installed in accordance with best management
practices in order to ensure growth and plant material survival.
(d)
Warm season grasses are to be planted at each bank of tunnel
exhaust fans, even those between houses. These should be planted within
20 feet of the fans, as practical. These grasses are to be quart size
planted three feet apart, or plug size at two-foot spacing, and should
have a mature height of at least five feet. When feasible, rows should
extend at least 10 feet past the fans.
(e)
All required buffers shall be preserved and maintained so as
to effectively provide visual screening. Dead or dying buffer materials
shall be replaced with similar plant materials on a regular basis.
Modifications to approved buffers may be made by the Zoning Administrator.
(2)
Setbacks.
(a)
There shall be a minimum four-hundred-foot setback from any
residential dwelling not located on the same parcel or parcels under
common ownership or lease, as well as any school, place of religious
assembly, nursing home, day-care center, manufactured home park, subdivision
of 10 or more homes, or an approved Health Department septic system
location to serve any of the above.
(b)
There shall be a minimum two-hundred-foot setback from all property
lines.
(c)
The same setbacks specified in Subsection
B(2)(a) and
(b) above shall apply in reverse to adjacent development, proximate to active or inactive poultry houses, including those referenced below in Subsection
E(2).
(d)
For the purposes of this subsection and Subsection
C below, a dwelling as defined in this chapter is further defined as one used and/or generally maintained for residential occupancy, as determined by the Zoning Administrator.
(e)
For the purposes of this subsection, and Subsection
C below, a poultry house proposal having been certified by the Director of Public Works as to the submission of a complete stormwater management application, shall not be bound by increased setback requirements otherwise resulting from a subsequent establishment of use(s) on an adjacent property.
(3)
Road access. New poultry house(s) that directly abut and gain
access to a County road, shall have an accessway of sufficient design
and construction, with a minimum opening width of 60 feet. An improvements
construction plan would be furnished to the Director of Public Works
before a final approval of the stormwater design/site plan submission.
The Director of Public Works is to confirm that the plan specifications
are reasonably sufficient to serve the complex proposed and to protect
the public intersection. Required plan specifications include access
width, intersection roundings, grading, stabilization, and sight distance.
C. New poultry house construction located within the R-8, R-15, R-20 and R-30 Residential Zoning Districts may only be established by special exception granted by the Board of Appeals. Should the special exception be granted, the following restrictions shall apply in addition to those listed in Subsection
B of this section.
(1)
Setbacks.
(a)
There shall be a minimum of five-hundred-foot setback for tunnel
ventilation fan(s) facing away from any residential dwelling not located
on the same parcel or parcels under common ownership or lease, as
well as any school, place of religious assembly, nursing home, day-care
center, manufactured home park, or an approved Health Department septic
system location to serve any of the above.
(b)
There shall be a minimum of six-hundred-foot setback for tunnel
ventilation fan(s) facing toward any residential dwelling not located
on the same parcel or parcels under common ownership, as well as any
school, places of religious assembly, nursing home, day-care center,
manufactured home park, or an approved Health Department septic system
location to serve any of the above.
D. Modifications or waivers. Any of the above-stated requirements set forth in Subsections
B and
C of this section may be modified by special exception by the Board of Appeals. In addition to considering the criteria set forth in §
225-155C of this chapter, it shall be demonstrated that there are circumstances attributable to the specific proposal relative to soils, land cover, ownership relations, and/or property restrictions of record to justify the requested modification.
E. Legal nonconforming situations.
(1)
An existing poultry house or poultry house complex may be replaced
and/or enlarged up to 25% of the footprint of an existing individual
poultry house, or up to 25% of the total complex footprint through
the construction of an additional poultry house(s). This may be done
without action by the Board of Appeals, provided that the enlargement/replacement
of an existing structure does not extend to within 100 feet of a property
line, and any newly sited structure does not extend to within the
then current minimum setbacks.
(2)
For the purposes of this section an existing poultry house is
defined as a structure originally constructed for the growing of poultry,
maintained for a use permitted in the zoning district, and not necessarily
used for the growing of poultry within any specified time period.
Whenever an individual desires to build rehabilitative
housing, he/she shall present to the Zoning Administrator:
A. A written description of all types of persons intended
to occupy the use during the life of the permit. Any future additions
to this list shall require special exception approval.
B. Evidence that the use will involve adequate on-site
supervision and security measures to protect public safety.
Outdoor rifle and pistol ranges, archery ranges,
skeet shooting ranges, or other recreational weapons ranges may be
permitted, provided ranges are designed to ensure the safety of users
and passersby.
Shopping centers may be permitted by special
exception in accordance with an approved development plan.
A. General standards:
(1)
Buildings shall be designed so that facades,
signs and other appurtenances will have an integrated and harmonious
appearance, so that parking and landscaped areas are harmonious and
attractively arranged and in a manner which will not adversely affect
the appearance of surrounding development.
(2)
Shopping centers shall be located so as to minimize
increased traffic congestion, to facilitate the provision of necessary
improvements to access roads serving the site, and to provide proper
exits, entrances, and internal parking and circulation.
(3)
Shopping centers, when feasible, shall be served
by single common sewer, gas, water, lighting, power and heating systems
or services.
(4)
Passenger parking areas and freight loading
areas shall be separately located, and safety provisions must be made
for the protection of pedestrians, including appropriate location
of roadways, parking areas, sidewalks, islands, entrances, exits,
crossovers and underpasses which are provided with drainage, lighting,
directional signs and supervision as may be required.
(5)
Access.
(a)
Direct access onto a street or major highway
shall be reduced or eliminated wherever the Planning Commission and
County Department of Public Works determines that alternative or unified
points of access are available to a site resulting in better traffic
flow and less traffic congestion.
(b)
Service drives and loading and unloading areas
shall be located so that in the process of loading and unloading,
no truck shall block the passage of other vehicles on the service
drive or extend into any public street or private drive used for traffic
circulation.
B. Permitted uses. Land and buildings shall be designed, arranged and used only for the commercial service, commercial retail and recreation uses enumerated in §
225-67.
C. Prohibited uses. The following uses shall be prohibited
in shopping centers:
(2)
Auto repair garage, except those operated by
an on-site development store.
D. Minimum landscape area. A minimum of 30% of the gross
site shall be landscaped.
E. See Part 10 for parking requirements.
F. Paving and illumination. Except as may be permitted in Subsection
D above, all roadways, parking areas and pedestrian walks shall be paved with a hard surface material which shall be maintained in good condition at all times and shall be properly illuminated when used after dark in such a manner as to prevent the direct transmission of light into adjacent properties and roadways.
G. For landscaping and screening requirements, see Part
11.
H. For sign regulations, see Part 9.
[Added 5-18-2010 by Bill No. 2010-03]
A. Purpose. The purpose of these provisions is to facilitate the installation
and construction of small wind-energy systems in Wicomico County for
private landowners, subject to reasonable restrictions, which will
preserve and protect the public's health and safety. Small wind-energy
systems shall be used for the primary purpose of generating power
for the property on which the system is located.
B. Applicability. The requirements of this section shall apply to all small wind-energy systems proposed after the effective date of this section. Small wind-energy systems for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that any such pre-existing small wind-energy system that is not producing energy for a continuous period of 12 months shall meet the requirements of §
225-115.1 prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with §
225-115.1.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
MET TOWER
A "meteorological tower" or "met tower" is a structure designed
to support the gathering of wind-energy resource data, and includes
the tower, base plate, anchors, guy cables, hardware, anemometers
(wind speed indicators), wind direction vanes, booms to hold equipment,
data logger, instrument wiring, and any telemetry devices that are
used to monitor or transmit wind speed and wind flow characteristics
over a period of time for either instantaneous wind information or
to characterize the wind resource at a given location.
ROOFTOP WIND-ENERGY SYSTEMS
Consist of a wind turbine(s) and associated equipment for
converting wind energy to power and attachment to the rooftop.
SMALL WIND-ENERGY SYSTEM
A single towered wind-energy system consisting of a wind
turbine, base, tower and associated control or conversion electronics
that:
(1)
Is used to generate electricity; and
(2)
Has a total height of 150 feet or less.
TOTAL HEIGHT
The distance measured from the ground level to the blade
extended at its highest point.
WIND GENERATOR
Blades and associated mechanical and electrical conversion
components mounted on top of the wind tower.
WIND TOWER
The monopole, freestanding, or guyed structure that supports
the small wind-energy system.
D. Standards. A small wind-energy system shall be an accessory use in
all zoning districts subject to the following requirements:
(1)
Setbacks. A wind tower for a small wind-energy system shall
be set back a distance equal to its total height plus 20 feet from:
(a)
Any state or county right-of-way or the nearest edge of a state
or county roadway, whichever is closer;
(b)
Any right of ingress or egress on the owner's property;
(c)
Any overhead utility lines. Service lines owned by a private
property owner of the land on which the service lines sit are exempt
from the setback;
(d)
All property lines. This setback is not applicable to adjacent
parcels that have common ownership; and
(e)
Any existing guy wire, anchor or small wind-energy system on
the property.
(2)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The wind tower shall not be climbable up to 12 feet above the
ground.
(3)
Lighting. A wind tower and wind generator shall not be artifically
lighted unless such lighting is required by the Federal Aviation Administration
(FAA). Lighting of other parts of the small wind-energy system, such
as appurtenant structures, shall be limited to that required for safety
purposes, and shall be reasonably shielded from abutting properties.
(4)
Signs. Small wind-energy systems shall not be used for displaying
any advertising except reasonable identification of the manufacturer,
operator, or owner of the system and warning signs of the system.
No sign shall be visible from a public road.
(5)
Code compliance. A small wind-energy system shall comply with
all applicable construction and electrical codes.
(6)
Utility notification and interconnection. Small wind-energy
systems that connect to an electric utility shall comply with the
Public Service Commission regulations.
(7)
Small wind-energy systems, as defined, shall not be attached
to any building, including attachment by guy wires. Rooftop wind-energy
systems are allowed to be attached to buildings, provided such structures
are safely and securely attached to the rooftop in compliance with
the Wicomico County Building Code and approved by the Wicomico County
Department of Public Works.
(8)
Met towers shall be permitted under the same standards, permit
requirements, restoration requirements, and permit procedures as a
small wind-energy system.
(9)
A small wind-energy system shall comply with all requirements
of the Federal Aviation Administration (FAA) and the Maryland Aviation
Administration (MAA). This includes, when applicable, filing Federal
Aviation Administration Form 7460-1, Notice of Proposed Construction
or Alteration. A small wind-energy system cannot be an obstruction
to navigable airspace.
E. Noise. All small wind-energy systems shall comply with the Maryland
Department of the Environment's noise regulations (COMAR § 26.02.03,
Control of noise pollution).
F. Ground clearance. The blade tip of any small wind-energy system shall,
at its lowest point, have ground clearance of no less than 15 feet,
as measured at the lowest point of the arc of the blades.
G. Abandonment.
(1)
Any small wind-energy system found to be unsafe by the Building
Official shall be repaired by the landowner to meet federal, state
and local safety standards or removed within 90 days.
(2)
The Zoning Administrator may issue a notice of abandonment to
the owner of a small wind-energy system that has been out of service
for a continuous twelve-month period. The county will request, in
writing sent by registered mail, corrective action to be taken and
provide the owner 30 days to respond, in writing, to the notice of
abandonment. In the response, the owner shall set forth reasons for
the operational difficulty and provide a reasonable timetable for
corrective action.
(a)
If sufficient reason is provided, the Zoning Administrator shall
withdraw the notice of abandonment and the owner of the small wind-energy
system will be notified.
(b)
If the reasons provided are unreasonable and it is determined
that the small wind-energy system has been abandoned, the Zoning Administrator
must notify the owner, and such owner shall remove the small wind-energy
system at his or her own expense within 90 days of receipt of notice
from the county.
(c)
If the owner fails to remove the small wind-energy system, the
Zoning Administrator may pursue legal action, if necessary, to have
the small wind-energy system removed at the owner's expense.
H. Public Service Commission. In accordance with the Maryland Annotated
Code, public utilities companies, § 7-207.1, any property
owner seeking to construct a small wind-energy system and connect
such system to the main power grid with the capability of transporting
energy back to his or her main power company shall apply to the Public
Service Commission (PSC) for approval, if applicable, and provide
documentation of such approval to the county prior to construction
and being issued a permit.
I. Special exception. In accordance with Wicomico County Code chapter
225, the Board of Appeals may, by special exception, allow deviations from the standards set forth in §
225-115.1D, if such deviation(s) would not be contrary to the public health, safety, or welfare and the granting of the special exception will not be a detriment to adjacent and neighboring properties.
[Added 4-18-2023 by Bill No. 2023-03]
A. Purpose. The purpose of these provisions is to facilitate the installation
and construction of solar energy systems in Wicomico County for private
landowners, subject to reasonable restrictions, which will preserve
and protect the public's health and safety.
B. Applicability. The requirements of this section shall apply to all
solar energy systems proposed after the effective date of this section.
Solar energy systems for which a required permit has been properly
issued prior to the effective date of this section shall not be required
to meet the requirements of this section.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
SOLAR, MINOR
A solar energy system with a rated capacity of no more than
two megawatts of power and is connected to the electric distribution
grid serving the state.
SOLAR, UTILITY
A solar energy facility with a rated capacity of more than
two megawatts of power and is connected to the electric distribution
grid serving the state, and requires the issuance of a certificate
of public convenience and necessity from the Maryland Public Service
Commission.
D. Standards. A solar energy system shall be allowed in the permitted
zoning districts subject to the following requirements, which may
be modified by the Board of Appeals upon good cause:
(1)
Setbacks. All structures related to the solar facility shall
be set back a minimum of 75 feet from all property lines. This requirement
does not include perimeter fencing from:
(a)
Any state or County right-of-way or the nearest edge of a state
or County Roadway, whichever is closer;
(b)
Any right of ingress or egress on the owner's property;
(c)
Any overhead utility lines. Service lines owned by a private
property owner of the land on which the service lines sit are exempt
from the setback; and
(2)
Approval and installation.
(a)
A site plan shall be submitted for review and approval by the
Wicomico County Board of Appeals when a special exception is required.
(b)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(c)
Buffer. The site plan shall include a vegetative buffer for
the visual screening of active portions of the solar facility. This
includes all related structures and appurtenances. A vegetative buffer
would not be required if sufficient vegetation is in place on or adjacent
to the site as determined by the Zoning Administrator. The vegetative
buffer is to be established as follows:
[1] A minimum of three staggered rows of plant materials
with ten-foot center spacing shall be placed at a width of 10 feet
to 20 feet between rows. The farthest row from the solar facility
must consist of evergreen trees.
[2] Plant material is to be a minimum of at least one-gallon
stock, or approximately 18 inches when planted.
[3] Buffers shall be installed in accordance with best
management practices in order to ensure growth and plant material
survival.
[4] All required buffers shall be preserved and maintained
so as to effectively provide visual screening. Dead or dying buffer
materials shall be replaced with similar plant materials on an annual
basis. Modifications to approved buffers may be made by the Zoning
Administrator.
(d)
A vegetative ground cover shall be provided within the solar
array. The ground cover shall be native to Maryland, and may include,
but not be limited to, echinacea, coreopsis, solidago, penstemon,
and trifolium. Species deemed to be invasive or noxious shall not
be used.
(e)
If the proposed solar facility receives approval by the Wicomico
County Board of Appeals, the applicant shall obtain a building permit
from Wicomico County and comply with all standards and requirements
therein. Additional submittals may be required by other County departments
and or state agencies.
(3)
Code compliance. A solar facility shall comply with all applicable
construction and electrical codes.
(4)
Utility notification and interconnection. A solar facility that
connects to an electric utility shall comply with the Public Service
Commission regulations.
(5)
Noise. A solar facility shall comply with the Maryland Department
of the Environment Noise Regulations.
(6)
An accessory use solar energy system shall be allowed in the
permitted zoning districts, but is not subject to the foregoing standards.
An accessory use solar energy system must apply for a County building
permit prior to installation.
(7)
When a certificate of public convenience and necessity from
the Maryland Public Service Commission is sought to construct a solar
utility solar energy system in Wicomico County, a representative from
the Department of Planning, Zoning and Community Development shall
attend all meetings and hearings relating to the application. Further,
the representative shall provide comment to the Commission regarding
the proposed system and its compatibility with this chapter.
E. Permitted use.
(1)
A solar accessory may be permitted in A-1, V-C, R-8, R-15, R-20,
REC, R-30, TT, C-1, C-2, C-3, LB-1, LB-2, I-1, and I-2 Zoning Districts.
(2)
A solar, minor, system may be permitted by special exception
in A-1, V-C, TT, C-1, C-2, C-3, LB-1, I-1, and I-2 Zoning Districts.
(3)
A solar, utility, may be permitted in A-1, V-C, TT, C-1, C-2,
C-3, LB-1, I-1, and I-2 Zoning Districts, subject to approval by the
Public Service Commission.
F. Decommission.
(1)
A decommissioning plan is required to be submitted and approved
by the Wicomico County Planning and Zoning Department prior to the
application for a building permit. Amendments to the plan prior to
decommissioning must also be approved by the Wicomico County Planning,
Zoning and Community Department.
(2)
The solar energy facility owner or its assigns must notify the
County of an intent to decommission 45 days prior to decommission.
Once an intent to decommission has been filed, it may not be revoked.
(3)
Decommissioning by the solar energy facility owner or its assigns
must begin within three months of any of the following conditions,
unless a plan for its continuing use has been provided and approved
by the Wicomico County Planning, Zoning and Community Department:
(a)
The solar energy facility has been damaged to such an extent
that the facility will not be replaced or repaired.
(b)
Upon the abandonment of the facility by the utility scale solar
energy facility owner or its assigns, as determined by the Department
of Planning and Zoning.
(4)
Decommissioning must be completed within one year of the filing of the intent to decommission, unless decommissioning is being conducted by the County. If decommissioning is not successfully completed within one year, the solar energy system becomes a nuisance and the County may act in accordance with Chapter
174 of the Code.
(5)
Following decommissioning, the Department of Planning, Zoning
and Community Development must perform an inspection of the property(s)
to determine adequacy of the decommissioning and adherence to the
decommissioning plan before any financial surety will be released.
(6)
Decommissioning plan elements must include, but are not limited
to:
(a)
Decommissioning cost estimates;
(b)
Removal of all above ground structures including, but not limited
to: solar panel arrays, inverters and transformers, concrete pads,
internal roads materials, fencing, and other debris;
(c)
Removal of underground wiring and other structures;
(d)
A plan for decommissioned material that includes reclamation,
salvage, recycling, and disposal;
(e)
Restoration of the property(s) to a similar or better condition
than at the time of installation. This may include reseeding, tilling,
or reforesting.
(f)
An approved bond or other financial guaranty for the approved
estimated cost for decommission.
(h)
If the land on which the proposed solar energy facility is to
be located is leased, a copy of the lease agreement between the lessee
and lessor.
(7)
A decommissioning cost estimate must accompany the decommissioning
plan and be prepared by a Maryland licensed engineer at the cost of
the facility owner(s). The decommissioning cost estimate must be updated
every five years or upon a change in ownership of the leased property
in either the lessee or lessor by a Maryland license engineer at the
cost of the facility owner(s) and submitted to the Department of Planning,
Zoning and Community Development. If the change in the estimated cost
of decommission exceeds the current bond or other financial guaranty
financial surety, then the bond or other financial guaranty financial
surety must be increased to reflect the new estimated costs. Before
decommissing can begin, a decommissioning cost estimate must be prepared
by a Maryland licensed engineer at the cost of the facility owner(s),
regardless of the amount of time that has passed since the prior cost
estimate. If the change in the estimated cost of decommission exceeds
the current bond or other financial guaranty financial surety, then
the bond or other financial guaranty financial surety must be increased
to reflect the new estimated costs. The Department may prepare its
own decommissioning cost estimate with the cost to be borne by the
owner(s) of the facility.
(8)
Financial surety.
(a)
Once a decommissioning cost estimate has been determined and
approved by the Wicomico County Planning, Zoning and Community Department,
the land owner of the property where the proposed solar energy system
is to be located, shall provide a performance bond or other financial
guaranty, in a form acceptable to the Department, in the amount of
the estimated decommissioning cost and which must remain continuously
in effect until decommissioning has been completed and approved by
the Department. Such bond or other guaranty shall not be subject to
termination for any reason, including but not limited to the financial
condition of the land owner or other principal, nonpayment of bond
premium or assignment or sublease of the land or facilities. The bond
or other guaranty must be amended in accordance with the decommissioning
cost estimate prepared every five years.
(b)
The Department shall not issue the building permit until the
decommissioning plan and estimated decommissioning cost have been
determined and approved as provided above, and the approved bond or
other financial guaranty is effective and has been tendered to the
County.
(c)
The land owner's failure to continuously maintain in effect
an approved bond or other financial guaranty for the approved estimated
cost shall constitute a breach of the Code and shall, among any other
remedies, entitle the County to revoke any special exception which
has been granted as well as any certificate of occupancy.
G. Public Service Commission. In accordance with the Maryland Annotated
Code, Public Utilities, § 7-207.1, any property owner seeking
to construct a solar energy system and connect such system to the
main power grid with the capability of transporting energy back to
his or her main power company shall apply to the Public Service Commission
for approval, if applicable, and provide documentation of such approval
to the County prior to construction and being issued a permit.
H. Special exception. In accordance with Wicomico County Code Chapter
225, the Board of Appeals may, by special exception, allow deviations from the standards set forth in §
225-115.2D, if such deviation(s) would not be contrary to the public health, safety, or welfare and the granting of the special exception will not be a detriment to adjacent and neighboring properties.
In an I-1 Light Industrial District:
A. There shall be no open parking of refrigerated vehicles
or other vehicles with other continuously running equipment.
B. Wholesale merchandising and warehousing, excluding
truck terminals, may be permitted, provided that there is no open
parking of refrigerated vehicles or other vehicles with other continuously
running equipment.