A.
In addition to all other requirements of this article, any proposed new construction or substantive exterior modification of any principal buildings or other site improvements, or additions thereto, shall be first submitted to the Planning and Zoning Commission for site plan approval, as described in § 230-91 of this chapter. A building permit for such work may be issued following approval by the Planning and Zoning Commission and subsequent approval by the Mayor and Council based upon the recommendation of the Planning and Zoning Commission.
B.
The uses enumerated in this article shall be permitted and the following
regulations and the applicable regulations contained in other Articles
shall apply in the B-2 General District.
Principal permitted uses in the B-2 District shall be as follows:
A.
Public parks, playgrounds and cultural or historical activities.
B.
Boat dock slips, piers, wharves, anchorages or moorages for yachts
and pleasure boats or for boats for hire to carry passengers or for
excursions, sightseeing, pleasure trips and fishing trips.
C.
Government Buildings, Churches.
D.
Boarding- and lodging houses.
E.
Motels and hotels.
F.
Any community retail business or service establishment, such as a
food, drug, clothing, hardware, accessory, variety or department store,
a barber-, beauty, florist or specialty shop, a shoe repair shop,
an automatic laundry or cleaning shop, a bank or savings and loan
office or the like supplying commodities or performing services primarily
for residents of the City and surrounding community.
G.
Restaurants, cafes or confectioneries.
H.
Antique or gift shops.
I.
Commercial parking garages and lots for passenger vehicles.
J.
Theaters, bowling alleys and dance studios.
K.
Funeral homes.
L.
Printing, upholstery, furniture repairing and interior decorating
shops, provided that all operations are confined to enclosed buildings.
M.
General administrative and executive offices.
N.
Produce stands.
O.
Taverns, nightclubs and drive-in eating and drinking establishments,
including entertainment and dancing, provided that the principal building
shall be the distance of at least 200 feet from any lot in an R District.
P.
Automobile parking lots, repair shops or general garages, subject
to the conditions below:
(1)
No gasoline station, public garage or automobile shop shall have
an entrance or exit for vehicles within 200 feet along the same side
street of the premises of any school, public playground, church, hospital,
public library or institution for dependents or children, except where
such property is in another block or on another street which the lot
in question does not abut, but in no case shall any such gasoline
filling station, repair shop or garage be located within 100 feet
of any said public or semi-public or institutional buildings or properties.
This regulation shall not be interpreted, however, as prohibiting
a parking area accessory to and on the premises of the institution
itself.
(2)
No gasoline filling station or public garage shall be permitted where
any oil drainage pit or visible appliance for any such purpose, other
than filling caps, is located within 12 feet of any street lot line
or within 25 feet of any R District, except where such appliance or
pit is within a building.
(3)
On all corner lots, all vehicular entrances to or exits from any
gasoline filling station or commercial, customer or employee parking
lot for more than five motor vehicles or public garage or automobile
repair shop shall be not less than 25 feet from the corner property
lines extended. No such vehicular entrance or exit, whether on a corner
lot or not, shall exceed 40 feet in width at the curbline or 30 feet
at the property line.
Q.
Automobile, tire, battery, trailer and implement establishments for
display, hire, sale or general repair, including sales lots.
R.
Animal hospital, veterinary clinic or kennel, provided that any structure
or area used for such purposes shall be the distance of at least 200
feet from any lot in an R District.
S.
Bakery, laundry, clothes cleaning and dyeing establishments, provided
that any principal building shall be the distance of at least 100
feet from any lot in an R District.
T.
Wholesale business, warehousing, storage and distributing establishments,
except for flammable liquids, paints, explosives or other hazardous
materials.
U.
Contractor's equipment storage yard for storage of equipment used
by contractor.
V.
Retail sales of building supplies and retail lumber yard, including
mill work only when incidental.
W.
Stone or monument works not employing power-driven tools or, if employing
such tools, then only within a completely enclosed building which
shall be the distance at least 100 feet from any lot in an R District.
X.
Electric, communications, water, sewer, gas and fuel transmission
lines and necessary equipment incidental thereto excluding towers,
and wireless transmitting stations excluding towers, transformers,
boosters, railroad lines and stations.
Y.
Beer, wine or liquor take-out stores.
Z.
Any other use that is determined by the Board of Zoning Appeals to
be of the same general character as the above-mentioned uses.
Conditional uses requiring Board authorization shall be as follows:
A.
Nursery schools and child-care centers when located not less than
20 feet from any lot in an R District, provided that there is established
and maintained a completely fenced and screened play lot of adequate
size.
B.
Residential apartments at or above the second floor level of existing
commercial buildings.
C.
Auto service stations, light repair and storage garages, provided
that all motor tuning or testing or other noisy activities shall be
conducted within enclosed buildings.
D.
Neighborhood shopping centers or mini-malls.
E.
Farmers markets, including produce, arts, crafts and related items.
F.
Flammable liquids, underground storage only, not to exceed 40,000
gallons, provided that the distance shall be at least 200 feet from
any lot in an R District.
G.
Swimming pools, dancing, skating, golf driving ranges, livery stables,
riding academies, amusement parks, circuses, carnivals, pool halls,
video arcades, target ranges or similar open-air recreational uses
and facilities, except racetracks shall be the distance of at least
200 feet from any lot in an R District.
H.
Revival tents and outdoor meetings.
I.
Rest homes, nursing homes for transients or permanent residents.
J.
Dry nightclubs, provided that:
(1)
There shall be a separation of at least 1,500 feet between dry nightclubs,
and also between dry nightclubs and establishments holding liquor
licenses as issued by the Worcester County Board of License Commissioners.
(2)
The initial conditional use granted to an applicant by the Board
of Zoning Appeals shall be for a period not to exceed one year. Subsequent
conditional uses may be granted for a longer period provided an acceptable
performance record has been established.
(3)
The hours of operation (admissions and sales) shall be from 4:00
p.m. to midnight, with patrons off the premises by 12:20 a.m. for
under 21 dry nightclubs. The hours of operation (admissions and sales)
shall be from 4:00 p.m. to 1:30 a.m. of the following day, with all
patrons off the premises by 2:00 a.m. for over 21 dry nightclubs.
(4)
Patrons shall be at least 15 years old and younger than 21 years
old for under 21 dry nightclubs and 21 and older for over 21 dry nightclubs.
(5)
There shall be a minimum of two interior security personnel at least
21 years of age on duty during all hours the club is open. If the
capacity of the club exceeds 200 persons, one additional security
person shall be required for each 50 persons over 200. The functions
of the security personnel shall be only security; they shall not perform
other jobs such as dishwashing, bartenders, doorkeepers, etc., while
customers are in the building. Security personnel shall be attired
in a manner to be clearly identifiable as security personnel. Security
personnel must be at least 21 years old and must pass "background"
checks similar to Day Care Workers.
(6)
The business must take place completely inside an enclosed building
(not to exceed 2,500 square feet).
(7)
The building must be completely enclosed and soundproofed.
(8)
There shall be no outside amplification of any sound.
(9)
There shall be no outside hawking, soliciting of customers, electronic
displays, or dissemination of promotional materials.
(10)
There shall be no activity outside the building other than customer
parking, ingress and egress. Patrons are not permitted to congregate
in the parking lot of other portions of the premises, except in line
to enter the building.
(11)
There must be a minimum distance of 1,000 feet of separation
between any building used as a dry nightclub and any lot in my R district.
(12)
All parking and other requirements of the City Code must be
satisfied.
(13)
Applications requirements.
(a)
If the applicant is a corporation, partnership or joint venture,
each stockholder, partner, or person affiliated with the corporation,
partnership or joint venture shall be identified on the application.
The application shall include the address and telephone number of
each such person. The name, address and telephone number of the manager
or other person principally in charge of the operation shall also
be included on the application.
(b)
All applicants shall be at least 21 years of age.
(c)
The following documentation must be submitted with the conditional
use and license applications:
[1]
A letter from the Pocomoke Chief of Police stating whether any
of the applicants have, in the past five years, been convicted of
any felony or misdemeanor.
[2]
A letter from the Worcester County Fire Marshal stating that
the application meets all applicable fire code regulations, reporting
whether the applicant or club bas violated any fire provisions in
previous operations, and stating the allowed capacity of the club.
[3]
A letter from the Pocomoke City Zoning Administrator reporting
whether applicant or club has had any violations of zoning ordinance
or previous Conditional Use Agreements.
(d)
Any fraudulent, misleading or false statements contained in
the application or made during the Conditional Use approval process
shall be grounds for denial of the Conditional Use request and issuance
of a business license and dry nightclub license, or for revocation
of such licenses, if determined after their issuance.
K.
Community residential facility (group home).
M.
Towers,
but subject to the following minimum requirements:
[Added 10-19-2021 by Ord. No. 458]
(1)
The
engineering, design and construction of towers is subject to approval
of the Board.
(2)
The
Board may impose setback distances and require landscaping plans and
security fencing as appropriate.
(3)
Towers
must meet all international building code requirements in addition
to those as may be required by federal or state law.
Accessory uses in the B-2 District shall be as follows:
A.
Private garages, parking areas and other customary outbuildings and
structures.
B.
Directional or other incidental signs, not exceeding four square
feet each in area, required in connection with the operation of an
automobile service station, parking lot or similar use, provided that
such signs do not extend over street lines nor otherwise obstruct
or impair the safety of pedestrians or motorists.
C.
The cleaning, laundering, repairing or other treatment of objects
as a retail service to the customers on the premises, in which operation
not more than three persons shall be engaged at one time.
D.
Identification or exterior signs pertaining only to the uses conducted
on the premises. Such signs shall be integral with or attached to
the building or freestanding. The areas of all signs on the premises
shall not exceed in the aggregate two square feet for each linear
foot of building frontage. Freestanding signs shall not extend over
street lines nor otherwise obstruct or impair the safety of pedestrians
or motorists.
E.
Solar energy equipment, subject to the following:
[Added 2-6-2017 by Ord.
No. 429]
(1)
Solar energy equipment may be on roofs of principal buildings or
ground-mounted.
(2)
Placement of solar energy equipment is not permitted within the required
front yard setback unless the Zoning Administrator determines that
it is adequately screened from view from the public way so as to preclude
any glare from the equipment which would adversely impact the vision
of motorists on the public way. It is understood that this equipment
may, on occasion, be visible from the public way even if located in
the side or the rear yard.
(3)
If the solar energy equipment is unable to be located on the roof
of the principal structure as is preferred, placement of ground-mounted
solar energy equipment in the required side or rear yard may be permitted
only if the equipment is not located in the required setback for a
structure in the subject zone from the property line or a distance
equal to the height of the accessory structure, whichever is greater.
(4)
The solar energy equipment must be adequately screened from view
of residential neighbors by appropriate vegetative screening or appropriate
and adequate solid fencing.
(5)
Any proposed fencing must comply with all applicable height requirements.
Natural-colored fencing is preferred.
(6)
Roof-mounted solar energy equipment shall be located so as not to
increase the total height of the structure above the maximum allowable
height of the structure on which it is located, in accordance with
the applicable zoning regulations.
(7)
The Zoning Administrator, prior to issuing a permit for the placement
of any solar energy equipment, shall be provided with any requested
information in regard to proving compliance with this section. This
information may include sun and shadow diagrams specific to the subject
proposed installation which would enable the Zoning Administrator
to determine if solar access will be impaired due to the proposed
location or to the location of objects which may obstruct the solar
access.
(8)
The Zoning Administrator may also require submission of detailed
information, including maps, plans or dimensioned sketches, showing
the proposed location, including setbacks from property lines or distances
from structures which are used for habitation on neighboring properties.
(9)
The Zoning Administrator may also require the submission of an as-built
plan showing the actual location of any installed solar energy equipment.
If the equipment is not installed as permitted, the Zoning Administrator
may order its removal and/or relocation as appropriate.
A.
Processes, equipment employed and goods processed and sold shall
be limited to those which are not objectionable by reason of hazard,
odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation,
refuse matter or water-carried waste.
B.
The front of lots for public display or sale of automobiles, trucks,
trailers, implements, boats or other machinery or equipment shall
be landscaped and neatly maintained. No lighting of such lot, other
than minimum protective night lighting, shall remain on after normal
business hours. All lighting shall be shaded so as to direct the light
away from residential premises and from public streets.
C.
Along any side adjacent to any R District or institutional premises,
an ornamental wall, fence or compact evergreen hedge and wire fence,
not less than four feet nor more than six feet high, shall be installed
and maintained in good condition, without any advertising attached
to it.
D.
Prohibited uses include any uses first allowed in a lower zoning
district, and pawn shops, tattoo parlors, body piercing parlors (not
including ear piercing) adult bookstores, massage parlors, and similar
uses.
[Amended 10-19-2021 by Ord. No. 458]
No structure shall exceed three stories or 40 feet in height. All public and semi-public utility buildings and structures must meet the requirements of § 230-93.
The following minimum requirements shall be observed:
A.
Lot area and width requirements.
|
Permitted Uses
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
|---|---|---|
|
As listed in B-2 General Business
|
6,000
|
60
|
B.
Yard requirements.
|
Front Yard Depth
(feet)
|
Side Yard Width, Each Side Yard
(feet)
|
Rear Yard Depth
(feet)
| |
|---|---|---|---|
|
Minimum (property line behind curbline)
|
25
|
5
|
20
|
C.
All setbacks should be comparable with adjoining buildings and not
less than twenty-five-foot frontage.
