Except as hereinafter specified, no land, building, structure
or premises shall hereafter be used, and no building or part thereof
or other structure shall be located, erected, reconstructed, extended,
enlarged, converted or altered, except in conformity with the regulations
herein specified for the district in which it is located.
A.
Except as provided in § 230-15, any lawful use, building or structure existing at the time of the enactment of this chapter (including a seasonal use) may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
B.
Dry nightclubs or similar establishments which existed on December 17, 2001 that were located in zoning districts other than B-2, or which did not meet the separation requirements described in § 230-71(J), are nonconforming uses and subject to all other regulations or this chapter. Nonconforming dry nightclubs must obtain an annual City business license (Chapter 109 of City Code) and are subject to all regulations and conditions of said license. Nonconforming dry nightclubs must also obtain a dry nightclub license (Chapter 121 of City Code) and are subject to all regulations and conditions of that chapter as well.
No existing building or premises devoted to a use not permitted
by this chapter in the district in which such building or premises
is located, except when required to do so by law or order, shall be
enlarged, extended, substituted or structurally altered unless the
use thereof is changed to a use permitted in the district in which
such building or premises is located, except as follows:
A.
Substitution.
(1)
If no structural alterations are made, a nonconforming use of a building
may be changed to another nonconforming use of the same manner or
of a more restricted classification.
(2)
Whenever a nonconforming use has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
back to a less restricted use.
(3)
When authorized by the Board of Appeals according to the provisions of § 230-107E(1) a nonconforming use of land may be changed to another nonconforming use or a nonconforming use of a building may be changed to one of a less restricted classification.
B.
Discontinuance.
(1)
No building, structure or premises where a nonconforming use has
ceased for six months or more shall again be put to a nonconforming
use.
(2)
All nonconforming uses of land not involving any building or structure
having an assessed value for tax purposes of more than $500 at the
time of becoming nonconforming, and all nonconforming signs, billboards
and outdoor advertising structures of whatever value, may be continued
for a period of two years after the date of enactment of this chapter,
at the end of which period such nonconforming uses, buildings and
structures shall be changed to conforming uses or shall be removed.
C.
Extensions.
(1)
A building devoted to a nonconforming use may be completed or extended and other buildings may be erected in addition thereto for uses necessary and incidental to the continuation of the existing use, provided that such additions and extensions are located on the same premises or on adjoining premises that were under the same ownership on the date such building became nonconforming, and provided that the floor areas of all such additions and extensions shall not exceed, in the aggregate, 35% of the floor area of the existing building devoted to a nonconforming use, provided also that such completions, extensions and additions shall be undertaken within five years of the date when the use of such building became nonconforming. Any other extension of a nonconforming building or use of land shall be subject to Board of Appeals approval as provided in § 230-107 E. The extension or completion of a building or the construction of additional buildings as herein provided shall not be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of Subsection B.
(2)
A nonconforming use may be extended throughout those parts of a building
which were manifestly designed or arranged for such use prior to the
effective date of this chapter, provided that no structural alterations
are made except as required by law.
(3)
Any dwelling lawfully existing at the time of enactment of this chapter
not located on a lot having frontage on a street as required herein
may be continued and may be enlarged, without increasing the number
of dwelling units therein, provided that no such addition shall extend
closer to the street than the setback line for the existing building.
D.
Replacing damaged buildings. Any nonconforming building or structure,
or group of related buildings comprising one enterprise or establishment
and under one ownership, which may become damaged to more than 60%
of its then fair market value, exclusive of the foundations, by fire,
flood, explosion, war, riot or act of God, shall not be restored or
reconstructed and used as before such happenings; but if less than
60% is damaged, it may be restored or reconstructed as before, provided
that this shall be done within one year. Notwithstanding
the foregoing, a nonconforming multifamily residential building or
development may be restored or reconstructed without regard to the
60% standard or limit if the multifamily residential building or development
has been operated as such for a continuous period in excess of 15
years. For purposes hereof, "continuous" shall include periods of
nonuse during which allowed rehabilitation, construction, or servicing
is or has been underway.
[Amended 6-6-2016 by Ord.
No. 425]
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any part of any building or structure declared
unsafe by a proper authority.
Except as otherwise provided by this chapter:
A.
Every building or group of related buildings shall be located on
a lot, as herein defined, having at least the area, width, lot area
per family and yards herein prescribed for the district in which such
building is located.
B.
No lot shall be used for dwelling purposes which does not abut for
at least 50 feet on a street as herein defined except at a cul-de-sac
which may have a minimum street frontage of 35 feet. Lots fronting
on a cul-de-sac must meet minimum lot widths as prescribed by the
specific zone requirements, at the prescribed front yard set-back
for that zone.
C.
Not more than one dwelling structure shall be located on a lot as
herein defined.
D.
Lots for agricultural purposes must be at least one acre in area,
except for a garden for the personal use of the owners.
A.
No accessory structure shall be located in any required court or
in any yard other than a rear yard, except as provided hereinafter.
Accessory structures shall be distant at least six feet from alley
lines and from any other buildings on the same lot and at least five
feet from lot lines of adjoining lots which are in any R District.
B.
Accessory structures may be erected as a part of the principal structure
or, if at least six feet there from, may be connected thereto by a
breezeway or similar structure, provided that all yard requirements
for a principal building are complied with.
C.
In any R District, where a corner lot adjoins in the rear a lot fronting
on the side street and located in an R District, no part of any accessory
building on such corner lot shall be nearer the side street lot line
than the least depth of the front yard required along such side street
for a dwelling on such adjoining lot, and in no case shall any part
of such accessory building be nearer to the common lot line than the
least width of a side yard required for the principal building to
which it is accessory.
No lot shall be reduced in area so as to make any yard or any
other open space less than the minimum required by this chapter, and
if already less than the minimum required, said yard or open space
shall not be further reduced. No part of a yard or other open space
provided about any building or structure for the purpose of complying
with the provisions of this chapter shall be considered as part of
a yard or other open space required under this chapter for another
building or structure.
In every district, spaces for off-street parking and for loading or unloading of vehicles shall be provided in accordance with the requirements in Article XIII. Off-street parking and loading areas may occupy all or part of any required yard or open space except as specified in §§ 230-85 and 230-86.
In any R-1 or R-2 District, a transitional use shall be permitted
on a lot the side lot line of which adjoins, either directly or across
an alley, a B or M District. The permitted transitional uses for any
such lot shall be any use permitted in the R-3 District. In such case,
the requirements governing lot area per family, off-street parking,
yards and other open spaces shall be the same as in an R-3 District.
Any transitional use shall not extend more than 75 feet from the district
boundary line.
Each front yard depth or setback specified herein shall be measured
at right angles (or radially) from the nearest street right-of-way
line, except that where the right-of-way of any existing street is
less than 50 feet wide in the case of a minor street, or less than
60 feet wide in the case of a major street, the front yard or setback
shall be measured from a line 25 feet or 30 feet, as the case may
be, from the center line of such street. The foregoing rules shall
apply also to the measurement of a side yard on the street side of
a corner lot.
Where a court is provided in any building, other than a single-family
dwelling, for the purpose of furnishing light and air to rooms in
which persons are to live, sleep or work, except storage rooms, such
court shall be an outer court open on one side, the least dimensions
of which shall be as follows:
Along any zoning boundary line, on a lot adjoining such boundary
line in the less restricted district, any abutting front yard, side
yard, rear yard or court, unless subject to greater restrictions or
requirements stipulated by other provisions of this chapter, shall
have a minimum width or depth equal to the average of the required
minimum widths or depths for such yards or courts in the two districts
on either side of such zoning boundary line. In case the height of
a proposed structure on such lot in the less restricted district is
greater than the maximum height permitted in the adjoining more restricted
district, the minimum width or depth of the yard or court for such
structure shall be determined by increasing the minimum width or depth
required for the highest structure permitted in such more restricted
district by one foot for each two feet by which the proposed structure
exceeds the maximum height permitted in said more restricted district.
In any R or B District, on any corner lot, no fence, structure
or planting that would interfere with traffic visibility across the
corner shall be erected or maintained within 30 feet of the intersection
of the street right-of-way lines or otherwise if it may present a
hazard in the opinion of the Zoning Inspector.
The conversion of a building into a dwelling, or the conversion
of a dwelling so as to accommodate an increased number of dwelling
units or families, shall be permitted only within a district in which
a new building for similar occupancy would be permitted under this
chapter, and only when the resulting occupancy will comply with the
requirements governing new construction in such district.
Essential services, as defined in § 230-5, shall be permitted in any district, as authorized and regulated by law and ordinances, it being the intention hereof to exempt such essential services from the application of this chapter.
All uses, buildings or premises for which compliance with the
distance requirements in this chapter is stipulated elsewhere in this
chapter shall be distant at least 200 feet from any lot in any R District.
A.
Temporary buildings and structures, including trailers, for uses
incidental to construction work on the premises shall be permitted
in any district where such construction is being done by a responsible
contractor or builder under a contract having a definite completion
date and on the condition that such temporary buildings and structures
shall be removed upon the completion or discontinuance of construction.
However, no person shall sleep or reside in such buildings while so
used.
B.
A property owner or tenant may rent and use a portable storage container
provided the following conditions are met:
(1)
The Pocomoke City Zoning Administrator shall be notified at least
three business days prior to placing the storage container on the
site.
(2)
A portable storage container shall be located at the address for
a maximum of 14 consecutive days, including the days of delivery and
removal. An extension may be granted to the Pocomoke City Zoning Administrator,
subject to conditions, for a reasonable additional time period in
an amount not to exceed 30 days.
(3)
The unit is no larger than eight feet by eight feet by 16 feet.
(4)
The unit is not located within any public right-of-way and does not
block any public sidewalk.
(5)
There is no more than one portable storage container for any address
at any one time.
(6)
The container shall not be located in the front setback unless approved
by the Pocomoke City Zoning Administrator. If access exists at the
side or rear of the site, the container shall be located in a side
or rear yard.
(7)
Portable storage containers shall only be placed on an impervious
surface (e.g., driveway). Any required parking space(s) shall at all
times be maintained if temporary storage units are placed in parking
areas.
(8)
The portable storage container shall be used for the temporary storage
of household goods and related items only. The portable storage container
may not be used for construction materials or waste.
(9)
On duplex, townhouse, or multifamily properties, placement of the
portable storage container must be approved by an appropriate management
or ownership entity to ensure safe and convenient access to required
parking spaces, driveways, and pedestrian pathways and to ensure that
the storage container does not obstruct emergency access or infringe
on required landscaped areas.
(10)
Portable storage containers are not permitted accessory structures
and shall not be used as such.
C.
A roll-off trash containers may be temporarily placed on a property
in a Residential District provided the following conditions are met:
(1)
The Pocomoke City Zoning Administrator shall be notified at least
three business days prior to placing the roll-off trash container
on the site.
(2)
A roll-off trash container shall be located at the address for a
maximum of 30 consecutive days, including the days of delivery and
removal. An extension may be granted by the Pocomoke City Zoning Administrator,
subject to conditions, for a reasonable additional time period in
an amount not to exceed 30 days. The Pocomoke City Planning and Zoning
Commission may grant further extensions not to exceed six months.
(3)
The unit has a maximum capacity of 30 cubic yards, or is no larger
than eight feet by eight feet by 16 feet.
(4)
There is no more than one roll-off trash container for any address
at any one time.
(5)
The unit is not located within any public right-of-way and does not
block any public sidewalk.
(6)
The container shall not be located in the front setback unless approved
by the Pocomoke City Zoning Administrator. If access exists at the
side or rear of the site, the container shall be located in a side
or rear yard.
(7)
Roll-off trash containers shall only be placed on an impervious surface
(e.g., driveway). Any required parking space(s) shall at all times
be maintained if temporary storage units are placed in parking areas.
(8)
The roll-off trash container is used only for disposal of acceptable
waste. Examples of waste that are not acceptable include refrigerators,
a/c units, tires, batteries, car parts, hazardous waste, and gas or
propane tanks.
(9)
On duplex, townhouse, or multifamily properties, placement of the
roll-off trash container must be approved by an appropriate management
or ownership entity to ensure safe and convenient access to required
parking spaces, driveways, and pedestrian pathways and to ensure that
the storage container does not obstruct emergency access or infringe
on required landscaped areas.
(10)
Roll-off trash containers are not permitted accessory structures
and shall not be used as such.
No single-family dwelling hereafter erected shall have less
than 950 square feet of living area above ground.
Notwithstanding any provision of this chapter to the contrary,
the following regulations shall apply to the use of fuel storage tanks:
A.
As used in this section, the term "fuel storage tank" shall mean
any vessel or tank that stores gases or liquids, including fuel products
such as gasoline, diesel fuel, heating oil, natural gas, natural gas
liquids, propane, synthetic gas, or similar products.
B.
Fuel storage tanks, with a capacity greater than 1,000 gallons, either
individually or in the aggregate, shall be permitted within the B-2,
"General Business," M-1 "Light Industrial" Districts as a Conditional
use only, and provided such tanks comply with requirements of the
National Fire Protection Association and/or Public Service Commission
and, provided that any such tanks be located not less than 200 feet,
from any lot in any R District.
C.
Fuel storage tanks, with an aggregate capacity of 1,000 gallons or
less, intended for building heating use only, and located on the same
lot as the principal use, may be permitted as an accessory use, provided
such tanks comply with the requirements of the National Fire Protection
Association and/or the Public Service Commission.
D.
Fuel storage tanks with a capacity greater than 1,000 gallons, either
individually or in the aggregate, are prohibited in all residential
districts and in the B-1 Zone.
[Added 12-4-2021 by Ord. No. 449]
There are two types of permitted home occupations: Type 1 and
Type 2. Specific uses are allowed as a home occupation only if they
comply with all of the requirements of this section. Determination
of whether or not a proposed home occupation is a Type 1 or Type 2
shall be made by the Zoning Administrator. The Zoning Administrator
may defer approval of a Type 1 home occupation to the Board of Appeals
to act on all matters relating to a home occupation and to allow for
a public hearing. If deferred to the Board of Appeals, an application
fee for a conditional use shall be filed as determined by the City's
fee schedule. All home occupations must obtain business licenses or
other licenses and permits as may be required by local, state, or
federal governments.
A.
Permitted
home occupations. Examples of permitted home occupations include,
but are not necessarily limited to, the following:
(1)
Offices for such professionals as, but not limited to, architects,
brokers, counselors, clergy, doctors, draftspersons and cartographers,
engineers, land planners, insurance agents, lawyers, real estate agents,
accountants, editors, publishers, journalists, psychologists, contract
management, graphic design, construction contractors, landscape design,
surveyors, cleaning services, salespersons, manufacturer's representatives,
and travel agents.
(2)
Instructional services, including music, dance, art and craft classes.
(3)
Studios for artists, sculptors, photographers and authors.
(4)
Workrooms for tailors, dressmakers, milliners, and craft persons,
including weaving, lapidary, jewelry making, cabinetry, and woodworking.
(5)
Uses involving advertising, art instruction, credit checking, auditing,
fashion consulting, dating service, medical billing, travel consulting,
market research services, tutoring, manicurist, hair stylist, massage
therapy, yoga, and telephone answering service.
(6)
Other uses of a similar nature.
B.
Type
1. A Type 1 home occupation is one wherein the residents use their
home as a place of work. A Type 1 home occupation shall be permitted
by the City in all zoning districts provided:
(1)
A home occupation not exceeding 25% of the total floor area of the
dwelling or 500 square feet in gross area, whichever is less;
(2)
No more than one outside employee comes to the site;
(3)
The use is carried on wholly within the enclosed walls of the dwelling
unit or accessory building;
(4)
Deliveries do not exceed those normally and reasonably occurring
for a residence;
(5)
There is no exterior storage or display of goods or equipment;
(6)
No commercial vehicle is used in connection with the home occupation;
(7)
No mechanical, electrical or other equipment which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure shall be used;
and
(8)
No identification signage larger than two square feet is provided.
(9)
Type 1 home occupations are not required to provide any additional
parking beyond what is required for the residential use. If additional
parking is needed, expansion of any parking areas shall not be permitted
in any front yard setback area and shall be compatible with the design
and character of adjacent residential properties and the community.
C.
Type
2. A Type 2 home occupation is one where the Board of Appeals must
approve as a conditional use where more than one outside employee
and customers come to the site. A Type 2 home occupation shall be
permitted by the City in all zoning districts as a conditional use
provided:
(1)
A Type 2 home occupation not exceeding 25% of the total floor area
of the dwelling or 1,000 square feet in gross area, whichever is less.
(2)
The Board of Appeals may specify the hours of operation, the maximum
number and frequency of deliveries and pickups, the maximum number
of customer/client visits that may occur in any one day. The maximum
number of customers/clients that can be present during hours of operation
and the extent to which commercial vehicles may be used for the business
when parked or utilized on the property.
(3)
The number of outside employees shall be determined by the Board
of Appeals with consideration given to the size of the lot, house,
parking and overall compatibility with neighborhood conditions.
(4)
Type 2 home occupations are not required to provide any additional
parking beyond what is required for the residential use. Additional
parking areas shall be determined by the Board of Appeals for Type
2 home occupations.
(5)
The equipment used by the home occupation and the operation of the
home occupation shall not create any vibration, heat. glare, dust,
odor, or smoke discernible at the property lines, generate noise exceeding
those permitted by state code, create electrical, magnetic or other
interference off the premises, consume utility quantities that negatively
impact the delivery of those utilities to surrounding properties,
or use/or store hazardous materials in excess of the quantities permitted
in a residential structure.
(6)
All activities must be in completely enclosed structures. Exterior
storage or display of goods or equipment is prohibited.
(7)
The dwelling and site must remain residential in appearance and characteristics.
Internal or external changes which will make the dwelling appear less
residential in nature or function are prohibited.
(8)
Signage shall be limited to one unlighted or indirectly lighted sign
per address not exceeding two square feet in area either mounted flush
with and on the front facade of the dwelling unit or hung on an independent
post.
