Salisbury "Crossroad of Delmarva"

Salisbury Municipal Code

Title 17

ZONING

Chapter 17.04

GENERAL PROVISIONS

Sections:

Article I General Provisions     17.04.010 Repeal and reenactment.
    17.04.020 Title.
    17.04.030 Legislative authority.
    17.04.040 Method of regulation.
    17.04.050 Prohibitions.
    17.04.060 Severability.
    17.04.070 Greater restrictions and abrogations.
    17.04.080 Additional remedies.
    17.04.090 Complaints regarding violations.
    17.04.100 Violations--Penalties.
    17.04.110 Word usage.
    17.04.120 Definitions.

Article II Determination of Use--Interpretation

17.04.130 Determination of use.
17.04.140 Interpretation.

Article III Public Notice

17.04.150 Procedure.

Article IV Miscellaneous Provisions

    17.04.160 Vision obstructions at intersections.
    17.04.170 Applicability of height limitations.
    17.04.180 Exceptions to yard requirements.
    17.04.190 Fences and retaining walls.
    17.04.200 Structures permitted in all districts.
    17.04.210 Airport height limitations.
    17.04.220 Gasoline pump islands and canopies.
    17.04.230 Projections into yards.
    17.04.240 Open space covenants, bylaws and condominium documents.

Article I General Provisions

Section 17.04.010 Repeal and reenactment.
Ordinance No. 789, approved on August 3, 1959, by the mayor and council of the city of Salisbury, together with all subsequent amendments thereto, and known as the "Zoning Ordinance of the City of Salisbury" is repealed and reenacted as follows, beginning with the title. (Prior code § 150-1)

Section 17.04.020 Title.
This title, including the zoning maps made a part hereof, shall be known and referred to as the "Zoning Ordinance of the City of Salisbury, Maryland." (Prior code § 150-2)

Section 17.04.030 Legislative authority.
By authority of Acts of General Assembly of Maryland and by the authority of Article 66B of the Annotated Code of Maryland, and by powers set forth in the City Charter, the city of Salisbury is empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for off-street parking, trade, industry, residence or other purposes. (Prior code § 150-3)

Section 17.04.040 Method of regulation.
The method to be used for carrying out the legislative intent shall be by ordinance of the city council dividing the city into districts of such number, shape and area as may be deemed necessary to carry out the purpose of the grant of powers in Article 66B of the Annotated Code of Maryland to promote health, safety, morals and the general welfare of the community. Within such districts the city may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The regulations herein are intended to carry out the mandate of the Acts and Articles expressed in the legislative authority above. (Prior code § 150-4)

Section 17.04.050 Prohibitions.
Where it is not clear from the provisions of this title that a proposed use is intended to be prohibited in a district, the provisions of that section setting forth the uses permitted in that district shall prevail; and if the proposed use is not one in the list of those permitted, it shall be prohibited. (Prior code § 150-4.1)

Section 17.04.060 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. (Prior code § 150-5)

Section 17.04.070 Greater restrictions and abrogations.
It is not intended by this title to repeal, abrogate, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules or regulations previously adopted or in effect pursuant to law. However, wherever this title imposes greater restrictions, the provisions of this title shall govern. (Prior code § 150-6)

Section 17.04.080 Additional remedies.
In case any building or structure is constructed, extended, altered, repaired, changed, converted or maintained, or any building, structure or land is used in violation of this title, the council, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation and to prevent the occupancy of any building, structure or land in violation, or any act, conduct, business or use in violation, of this title. (Prior code § 150-7)

Section 17.04.090 Complaints regarding violations.
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating in full the causes and basis thereof, shall be filed with the department of building, housing and zoning. The director of the department of building, housing and zoning shall properly record the complaint, immediately investigate and take action thereon as provided by this title. (Prior code § 150-8)

Section 17.04.100 Violations--Penalties.
Any person who shall construct, extend, alter, repair, change, convert or use any building or use any land or change the use of any land or building in violation of this title or who shall neglect to obtain the permit required by this title shall be guilty of a municipal infraction and shall be fined as provided in Section 1.16.100 of this code. The violator shall elect to pay the fine or stand trial. Failure to pay the fine by the time specified or to file intent to stand trial may result in adjudication of the case through the district court in accordance with the procedure set forth for municipal infractions in Article 23A, Sections 3b(8) through (15), of the Annotated Code of Maryland. (Prior code § 150-9)

Section 17.04.110 Word usage.
    For the purpose of this title, the following rules shall be observed and applied, except where the context indicates otherwise:
   A. Words used in the present tense shall include the future; words used in the singular number shall include the plural, and the plural the singular.
    B. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
    C. Whenever a provision or regulation applies to a "building" or "structure," it shall be deemed to apply to any part or portion of such building or structure.
    D. The word "city" means the city of Salisbury, Maryland.
    E. The word "board" means the board of zoning appeals for the City of Salisbury, Maryland.
    F. The word(s) "commission" or "planning commission" shall mean the Salisbury-Wicomico County Planning and Zoning Commission.
    G. The word "council" shall mean the Salisbury city council.
    H. The word "person" includes individuals, firms, corporations, partnerships, associations and all other legal entities.
    I. The word "used" and "occupied" shall be considered as though followed by the words "or changed, intended or designed to be occupied or used."
    J. Unless otherwise specified, all distances shall be measured horizontally, and setbacks shall be measured from the curbline. (Ord. 1599 §4(part), 1995; prior code § 150-16)

Section 17.04.120 Definitions.
    The following definitions have been used or considered in the construction of this title and shall be used in its interpretation:
    "Accessory apartment" means a dwelling unit, limited to no more than one bedroom, incorporated within a single-family dwelling or its accessory building. The accessory apartment or the principal dwelling shall be occupied by the owner(s) of the property on which the accessory apartment is located.
    "Accessory use" means a use which is customarily incidental and subordinate to a principal use and which is located on the same lot therewith.
    "Animal hospital" means facilities for the care and treatment of animals by a qualified veterinarian, completely enclosed within a building.
    "Animal shelter" means facilities for the seizure and impounding of all unlicensed or untagged dogs and provision of shelter for lost, strayed or homeless animals.
    "Apartment" means a dwelling unit, as defined herein.
    "Apartment building" means a single residential structure designed and constructed to contain three or more separate dwelling units, regardless of the internal arrangement of such units or the ownership thereof.
    "Apartment, efficiency" means a dwelling unit consisting of not more than one habitable room together with kitchenette and sanitary facilities.
    "Apartment project" means a group of two or more apartment buildings constructed in accordance with a comprehensive development plan.
    "Boardinghouse/rooming house" means a building other than a hotel or restaurant where lodging and/or meals are regularly furnished by prearrangement for which compensation is paid in advance.
    "Building" means any structure used or intended for supporting or sheltering any use or occupancy.
    "Building, accessory" means a building subordinate to, and located on the same lot with, a main building and designed, intended or used as an accessory use.
    "Building deficiencies" means any defect, deterioration or need for alteration in the structure or architectural members of a structure, and shall include the following:
    A. Defects which, under the housing or building code of the city of Salisbury, would require removal;
    B. Deterioration which cannot be corrected by normal maintenance;
    C. Excessive minor defects which, when taken collectively, cause the building to have a deteriorating or undesirable effect on the surrounding area;
    D. "Inadequate" original construction or subsequent alteration;
    E. Inadequate, unsafe or nonconforming plumbing, heating or electrical facilities.
    "Building height" means the vertical distance from the grade to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front.
    "Building inspector," "bureau of inspections" means the department of building, housing and zoning, as established by the city council on October 13, 1986, and the duly designated building official.
    "Building supply and lumber yard" means the sale and storage of supplies and materials used in construction or repair of buildings, but not to include stockpiling, storage or sale of sand, gravel, cement or similar materials.
    "Business center" means a group of buildings for business use arranged on a parcel of land or on a group of individual lots in accordance with a predetermined development plan.
    "Care home" includes rest and nursing homes, convalescent homes and boarding homes for the aged established to render domiciliary care for chronic or convalescent patients, but excludes child-care homes or facilities predominately for the care of mentally retarded, mentally disturbed, alcoholic and drug-addicted patients.
    "Church" means an institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term shall include buildings and all customary accessory activities including but not limited to a chapel, day care center, school of general instruction, gymnasium, or social hall.
    "Club," "lodge" and "fraternal organization" means a nonprofit organization whose premises are restricted to members or guests, excluding a fraternity or sorority house.
    "Cluster development" means a residential development constructed in accordance with a comprehensive development plan, permitting reduction and modification of lot area and size, provided that any reduction in area is retained as open space. Cluster development provides for the grouping of lots and open space in predetermined areas on the tract as an alternative to traditional zoning, while maintaining the established density of development for the district in which the cluster development is located.
    "Commercial auction" means the sale of any article or property, excluding animals and farm produce, by auction, conducted entirely within the confines of a building so that noise from within the building does not pass beyond the lot lines, and provided that there is no outside storage of inventory or property to be sold at said auction on the same or contiguous lots.
    "Common open space" means open space within the boundaries of a development, designed and set aside for use by all residents or a designated portion of residents of the development under the bylaws of an association.
    "Community impact statement" includes the following:
    A. A marketing study related to the type of development proposed; e.g. retail marketing, housing market, transient housing, etc. This study shall include an estimate of existing need and reasonable forecast of future demand for the kind of development proposed. It will be used to determine that extent of existing facilities of a type similar to that proposed and used to estimate when development may be needed in the community;
    B. An impact study related to the quantity and kind of improvement and service to be provided by the community for the proposed development. This study should include an estimate of revenue to the community from proposed development and an estimate of the cost of improvements and services required to serve the development. The cost of improvements shall include those immediately needed to serve the development and those that may be needed in the future. The impact study related to services and improvements should include, where applicable, but not be limited to services and improvements, such as schools, utilities, including sewage, water mains, and storm drains, streets, traffic signals, police and fire protection, refuse collection and disposal, recreation facilities and any other service to be provided by the city;
    C. An environmental impact statement related to the effect of proposed development on natural drainage channels and streams, natural growth, soils, air and water quality, etc., and a statement related to the effect of the proposed development on the use and development of adjoining property and the general neighborhood. This statement should include such considerations as the effects of noise, dust, odor, traffic, lighting, smoke, erosion, sediment control, flooding, change in natural ground cover, etc.
    "Community shopping center" means a shopping center containing between one hundred thousand one (100,001) and three hundred thousand (300,000) square feet in gross floor area.
    "Compact concrete dispenser" means a concrete dispenser that does not exceed a mix of twenty-five (25) cubic yards of concrete per hour, and a height of thirty (30) feet.
    "Comprehensive development plan" means a comprehensive set of plans, specifications and measures for either private or public development, such as but not limited to townhouse development, apartment project, shopping center or other such development permitted in this code. The development plan shall include:
    A. A preliminary comprehensive development plan, at the option of the applicant, showing the design of the development or project in sketch form drawn to scale prior to preparation of the final comprehensive development plan;
    B. A site plan showing the location of all streets, pedestrian ways, rail lines, utility systems and buildings;
    C. Any restrictions to be included in the sale or lease of land for parking, building locations, property maintenance, sign control and any other protective measures;
    D. A schedule, timetable or proposed phasing for the development of streets, grading, utility installation, rail facilities, docking facilities or other improvements to be provided for the project area and occupants thereof;
    E. A statement of intent to proceed and financial capability of the developer or sponsor;
    F. A community impact statement as defined in this section.
    "Comprehensive site plan" means a plan, drawn to scale, which shows the proposed location and dimensions of all roads, vehicular and pedestrian accessways, buildings, building footprints, parking areas, including the type and size of all spaces, open spaces, landscaping, recreation facilities, natural features, drainage ways, fire-fighting facilities, existing zoning, abutting property owners, stormwater management areas, setbacks from all property lines, on-site loading and unloading spaces and recreational facilities, as well as any on-site refuse disposal or recycling areas and facilities or both as may be required by the city together with measures necessary to provide screening in accordance with the requirements of Chapter 17.220.
    "Construction contractor's equipment, supplies, plant or storage yard" means the storage or keeping of construction equipment, machinery or supplies which are for use by a construction contractor.
    "Construction contractor's establishment" means an establishment where a construction contractor conducts his business, including the indoor storage of materials used in the conduct of business.
    "Convenience store" means a neighborhood-serving retail sales establishment wherein groceries and other miscellaneous convenience items may be purchased by residents of the neighborhood which it serves.
    "Cultivation of land" means the use of land for agricultural purposes limited to raising field crops, horticulture and accessory uses, but excluding animal husbandry.
    "Custom repair and service shop" means a shop for the repair and servicing of small appliances, televisions or other household goods, excluding repair and servicing of any type requiring other than pickup trucks and vans for delivery, and excluding repair and servicing of any type of vehicle.
    "Day-care center" means any place, however designated, licensed by the appropriate state or county health or welfare agency that, for part or all of a day, or on a twenty-four-hour basis on a regular schedule, and at least twice a week, offers or provides child care to children who do not have the same parentage except as otherwise provided for in law or regulation.
    "Day-care facilities for the elderly and handicapped" means any place, however designated, providing training, guidance, counseling and care for the elderly and handicapped during any part of the day, but not to include rest and nursing homes, convalescent homes, or domiciliary care for chronically ill or convalescents.
    "Day-care service" means any type of child care, provided on a full-time, part-time or temporary basis, including a day-care center, which is approved, endorsed or licensed by the appropriate state or county agency.
    "Density" means the maximum number of dwelling units which are permitted in a given area.
    "Developed open space" means that portion of common open space within the boundaries of a development improved for recreational purposes, such improvements to include but not be limited to areas for passive recreation, parks, bridle paths, play lots and playgrounds and sports facilities, such as tennis and shuffleboard courts, golf courses, boating docks and community buildings.
    "Dormitory housing" means a building or group of buildings containing rooms forming habitable units which are used or intended to be used for living and sleeping by persons enrolled or participating in an academic or other institution, but not for cooking or eating purposes.
    "Dwelling" means a building or portion thereof used for residential occupancy, including single-family, two-family and three-family, but not including hotel, motel or other accommodations used for transient occupancy.
    "Dwelling, duplex" means the same as semidetached dwelling.
    Dwelling, Multifamily. See "apartment" and "townhouse" definitions.
    "Dwelling, patio" means one building arranged or designed as one dwelling unit to either abut one side lot line, hereinafter called the zero lot line, or be within three feet of a lot line, but no portion of which is to encroach upon any adjoining lot other than provided for in Section 17.200.020(A), Note b, and separated from any other building or structure by space on all sides.
    "Dwelling, semidetached" means a building arranged or designed to contain two abutting single-family dwelling units, separated from each other by a vertical party wall, and separated from any other building or structure by space on all sides.
    "Dwelling, single-family" means a dwelling containing one dwelling unit.
    "Dwelling, single-family attached" means a dwelling which is joined to another dwelling at one or more sides by an approved party wall or walls.
    "Dwelling, single-family detached" means a dwelling arranged or designed for occupancy for only one family which is not attached to any other dwelling.
    "Dwelling, three-family" means a dwelling containing three dwelling units.
    "Dwelling, two-family" means a dwelling containing two dwelling units.
    "Dwelling unit" means a single unit providing complete independent facilities for occupancy by one family and containing permanent provisions for living, sleeping, eating, cooking and sanitation (bathroom).
    "Environmental deficiencies" means those deficiencies which affect the living standards of the persons occupying the premises, and shall include the following:
    A. Overcrowding or improper location of structures on the land which are evidenced through violation of setbacks and/or yard restrictions;
    B. Excessive dwelling density or density that exceeds that permitted in the district;
    C. Obsolete building types (i.e., large residential buildings or other buildings which, through lack of maintenance, have a blighting influence);
    D. Detrimental land use or conditions such as incompatible uses, structures in mixed use not permitted by this chapter or adverse influence from noise, smoke, fumes or traffic;
    E. Unsafe, congested, poorly designed or otherwise deficient streets (i.e., streets not in conformance with current city standards);
    F. Inadequate public utilities or community facilities contributing to unsafe living conditions or economic decline.
    "Family" means and includes, subject to the exceptions stated below:
    I. A core consisting of one person living alone or one of the following groups living as a single housekeeping unit.
    A. Two or more persons who are related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, such as foster children placed by an agency licensed to operate in Maryland;
    B. Up to a maximum of four persons who are not so related, hereinafter referred to as "unrelated persons," provided, however, that:
    1. In any dwelling or dwelling unit, including an apartment, in an R-5, R-8, or R-10 district or in any detached or duplex single-family dwelling or townhouse in any other district, or in Spring Chase PRD No.1, the maximum shall be two unrelated persons not including the children of either of them. Any existing lawful occupancy by more than two unrelated persons that is made nonconforming by this subpart may continue until June 30, 2005, when it shall cease to be permitted. Before that date, if a dwelling or dwelling unit is or shall become unlawfully occupied by unrelated persons, then any and all nonconforming occupancy thereof by unrelated persons will no longer be permitted.
    b.�The following lots are exempt from the occupancy restriction set forth in subsection (B)(1)(a) of this section: all dwelling units shown on an approved final comprehensive development plan; and where the total land area shown thereon is subject to a special exception granted by the board of zoning appeals prior to December 23, 2002; and for which the director of building, housing and zoning has determined that the units were proposed and constructed primarily for student housing.17.04.120
    2. In any district other than an R-5, R-8 or R-10 district, in an apartment or any attached dwelling unit, except a townhouse or duplex dwelling, the maximum shall be the following number of unrelated persons not including the children of any of them:
    Two - in an efficiency or one bedroom unit;
    Three - in a unit having two or more bedrooms; or
    Four - in any unit constructed after November 25, 2002 (effective date of Ordinance No.
              1864) having two or more bedrooms, if the entire parcel or tract of land on which it is
               located complies with the off-street parking requirement in effect when it was
               completed.
    C. A group of not more than four persons who are granted a special exception as a "functional family" pursuant to the procedure and general criteria for a special exception and a finding that they each meet the following specific criteria:
    1. Share a permanent personal bond and commitment to one another.
    2. Not dependent upon or supported by someone who does not maintain legal domicile at the particular dwelling unit and reside therein;
    3. Maintain legal domicile at the particular dwelling unit;
    4. Share a single household budget;
    5. Share in the repair and maintenance of the dwelling unit and its grounds, if any;
    6. Prepare and eat meals together on a regular basis;
    7. Share in legal ownership or tenancy of the dwelling unit.
    II. In addition to its core member(s) a family may include:
    A. One or more persons who provide health care or assisted living services to any core member of the family that are essential to the health, safety or general well-being of such core member, by performing such services at least eight hours each day.
    B. One or more domestic servants who perform personal or household services at the dwelling or dwelling unit at least eight hours each day.
    C. In the case of an owner-occupied dwelling unit in an R-5, R-8 or R-10 district, one person who is not a core member of the family, provided that no more than two unrelatd persons, not including any permitted provider of health care or assisted living services, reside in the dwelling.
    Exceptions: A "family" may not include or consist in whole or in part of:
    1. Any society, club, fraternity, sorority, association, lodge, federation, or like organization.
    2. Occupants of a rooming house or boarding house.
    3. Persons whose association as a group is temporary or seasonal in nature.
    4. Persons living in a group arrangement as a result of criminal conduct.
    "Family day-care home" means any dwelling unit either licensed or registered by the appropriate state and/or county health or welfare agency to provide care for no more than eight children separated from their parents or guardians during any part of the day and occupied by the family of the licensee, provided that written consent is obtained from the owner(s) of the unit and owner(s) of any attached dwelling units. Any such consent may be withdrawn after thirty (30) days' written notice by the owner of said unit to the day-care home operator.
    "Floodplain" means 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 of runoff of surface waters or from tidal action or from any source, and specifically including those areas subject to the United States Department of Housing and Urban Development, Federal Insurance Administration, Flood Hazard Rate Maps (Flood Hazard Boundary Maps) for the city of Salisbury.
    "Floor area, gross" means the floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
   "Fraternity" or "sorority" means a private club maintained exclusively for members affiliated with an academic or professional college or university or other recognized institution of higher learning, wherein members may reside and conduct social activities.
    "Gross leasable area" means the total floor area of a building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the center line of joining partitions and from outside wall faces. It is all that area on which tenants pay rent.
    "Gross tract area" means the area of land within the boundaries or property lines of a proposed development.
    "Group domiciliary care facility" means a facility which does not constitute a group home and which provides lodging and residence services in a single dwelling which is occupied by ten or fewer unrelated persons, including support personnel and that provides service and supervision by licensed operators in accordance with federal, state and local laws, regulations and requirements. Residents shall be the elderly or persons protected by reason of handicap or familial status under the Federal Fair Housing Act, as amended, or Maryland housing discrimination statutes. As permitted by 32 U.S.G.S. Section 3604(f)(9), the residents of a group domiciliary care facility shall not include any person who, during his term of residence at such facility, commits a violent act or causes substantial physical damage to the property of others, and any such person must be removed from such facility.
    "Group home" means a facility providing housing facilities and/or rehabilitation in a single dwelling for not more than ten persons, including support personnel, for persons who need specialized housing, treatment and/or counseling service because of delinquency or criminal rehabilitation, such as a criminal half-way house, current addiction to or illegal use of a controlled substance, or a type of mental illness that involves or has involved behavior related to violent felony crime. Residents are provided service and supervision by licensed operators in accordance with federal, state and local laws, regulations and requirements. Treatment and counseling shall be limited to the residents of the dwelling. The residents of a group home shall not include any person who, during his term of residence at such facility, commits a violent act or causes substantial physical damage to the property of others, and any such person must be removed from such home.
    "Hairdresser shop" means a barbershop or beauty shop, or combination thereof.
    "Home occupation" means an accessory use conducted entirely within a detached single-family dwelling or its residential accessory building, which is clearly incidental and secondary to the use of the property for residential purposes and which does not change the character thereof, and provided that:
    A. No person other than members of the family residing on the premises shall be engaged in such occupation;
    B. There shall be no change in the outside residential appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the exterior of the building;
    C. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuation in line voltage outside the dwelling or which creates noise not normally associated with residential uses shall be prohibited;
    D. No vehicle or pedestrian traffic shall be generated by the home occupation greater than normal for the district in which it is located;
    E. To the extent that there is any sale of any item related to a home occupation, no delivery of that item to the buyer shall occur on or adjacent to the premises;
    F. No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
    "Home office" means an accessory use conducted entirely within a room(s) located in a detached single-family dwelling, provided that:
    A. The dwelling is the bona fide residence of the principal practitioner;
    B. There is no more than one employee or person engaged in or serving the business other than the principal practitioner;
    C. There shall be no change in the outside residential appearance of the dwelling or premises or other visible conduct of such office other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the exterior of the dwelling;
    D. There shall be no mechanical or electrical equipment used that will interfere with use of adjoining properties;
    E. There is no outside storage or display of any material visible outside the dwelling;
    F. Parking is provided only between the front building line and the rear lot line;
    G. There is no outside storage of trucks or vans used in conduct of the business.
    "Hotel," "motel" or "motor hotel" means an establishment where sleeping accommodations for transient customers are provided.
    "Housing for the elderly and handicapped" means a dwelling specifically designed for the needs of the elderly and/or handicapped person or persons and conforming to the requirements of state and/or federal programs providing for housing for the elderly and/or handicapped.
    "Industrial auction" means the sale of animals, farm produce or any article or property by auction, conducted on a lot without regard to whether there may be outside storage of inventory or property to be sold or whether the auction is conducted within a building or in the open.
    "Industrial vocational training school" means a public or private school which trains students in industrial skills.
    "Junkyard" means any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or unregistered, inoperable motor vehicles, marine equipment and/or vessels or other type of junk.
    "Kennel" means any place in or at which any number of dogs or cats are kept for the purpose of sale or in connection with the boarding, care or breeding, for which any fee is charged.
    "Landscaping" means a combination of grass and shrubs and/or trees and other decorative plantings, materials, statues, fountains and other special features as may be approved by the Planning Commission.
    "Liquor store" or "liquor dispensary" means any establishment or business which keeps for sale or sells liquor in any quantity and delivers the same in a sealed package or container which is not to be opened nor its content consumed on the premises where sold.
    "Lot" means land occupied or to be occupied by a building and any building accessory thereto or by a building group and any buildings accessory thereto, with open space and land area required by this chapter, and having its principal frontage on a public street or public way or on a private right-of-way or easement as approved by the planning commission and/or council.
    "Lot area" means the total horizontal area included within lot lines.
    "Lot, corner" means a lot at the junction of and abutting on two or more intersecting streets.
    "Lot coverage" means the percentage of land permitted by this chapter to be covered by a building or buildings.
    "Lot depth" means the average horizontal distance between the front lot line and rear lot line for an interior lot. In the case of a corner lot, the lot depth is the greater of the average horizontal distances between the front lot lines and the respective side lot line opposite each.
    "Lot frontage" means the side(s) of a lot abutting a street(s); on a corner lot, the shortest side that abuts a street; where sides are of equal length, the side fronting on the street having the longest frontages within the same block.
    "Lot, interior" means any lot other than a corner lot.
    "Lot lines" means lines bounding a lot as hereinafter described:
    A. "Front" means the line running along the front of a lot and separating it from the street. In a through lot, both lines abutting streets are deemed front lot lines.
    B. "Rear" means the line generally opposite or parallel to the front lot line, except in a through lot. If a rear lot line is less than ten feet long or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line at least ten feet long, lying wholly within the lot parallel to the front lot line, or if the front lot line is curved, parallel to the chord of the arc of said front lot line.
    C. "Side" means any lot line other than a front or a rear lot line.
    "Lot of record" means land designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed filed in the land records of Wicomico County.
    "Lot, through" means an interior lot fronting on two streets.
    "Lot width" means the mean horizontal distance between the side lot lines of a lot measured at the setback/building line.
    "Marina" means a facility for the docking, storage, servicing and sale of recreational boats.
    "Medical-care facility" means a facility, however designated, providing medical treatment and short-term inpatient care, other than a hospital or medical clinic.
    "Mixed-use building" means a building or structure of less than fifteen thousand (15,000) square feet containing two or more different uses.
    "Mobile home" means a detached residential unit containing not less than five hundred (500) square feet of gross livable floor area in the original manufactured unit, 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 of jacks or other foundations, connection to utilities and the like. Units commonly known as "double-wides" and any unit classified by an applicable financing or construction standard, including without limitation, the United States Department of Housing and Urban Development Regulations, State of Maryland Department of Economic and Community Development Regulations or state or federal law, as such laws or regulations are in effect as of the date of passage hereof, as a mobile home shall be considered mobile homes. 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.
    "Mobile home park" means any lot, parcel or tract of land planned, developed and improved for the placement of three or more mobile homes on a permanent or semi-permanent basis.
    "Modular home" means a detached residential unit built to a recognized building code, containing not less than five hundred (500) square feet of gross livable floor area in the original manufactured unit, 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 as in effect as of the date of passage hereof.
    "Neighborhood shopping center" means a shopping center not exceeding one hundred thousand (100,000) square feet in gross floor area.
    "Net tract area" means the gross project area less the area of land devoted to streets.    "Nonconforming use, structure, lot and dwelling." See Chapter 17.16.
    "Nursery school" means a licensed establishment providing care and an educational program under the jurisdiction of and accredited by the state Board of Education to up through second grade aged children.
    "Open space" means the portion of a tract of land within the boundaries of a development not covered by principal and accessory buildings, parking lots, streets and utility structures, except buildings and structures for recreational use.
    "Outdoor advertising structure" means any structure which contains a sign, poster, panel, billboard, painted bulletin or any other structure, device, surface or display which advertises or displays any other message related to a business, profession, commodity, service or entertainment or event conducted, sold or offered elsewhere than on the premises where the advertising structure is located.
    "Parks" and "playgrounds, public and private" means recreation facilities, such as picnic areas, ballfields, basketball and tennis courts, etc., not operated for profit.
    "Pet-grooming shop" means an establishment wherein pets may be bathed, clipped or otherwise groomed, but not to include facilities for overnight care, boarding, breeding or medical treatment.
    "Plat" means a sketch, map or survey of a lot(s), tract or parcel of land, indicating lot lines, street rights-of-way and easements, with the dimensions of these features inscribed thereon.
    "Principal use" means the principal purpose for which a lot or the main building or structure thereon is used, occupied or maintained.
    "Public" or "private utility buildings and uses" means facilities and structures owned or maintained by a government, a public or private agency or a public or private utility company for the purpose of and directly necessary for rendering or providing communication, electric, gas, sewer, water or comparable service of a public utility nature, and in fact used in the rendition of such service. Nothing in this title or amendment thereto is intended to limit or restrict the use of property in any zone for poles, mains, pipes, conduits or wires erected and maintained for the transmission and distribution of electric energy over wires for any lawful purpose or gas to customers for such energy or municipal water or sewer services or any equipment or device necessary or incident to such use or uses.
    "Recreational establishment, indoor" means billiard parlor, bowling alley, skating rink, tennis or racquetball center, automatic amusement device center, swimming pool, convention hall and other similar indoor recreational uses.
    "Recreational establishment, outdoor" means miniature golf course, amusement park, private zoo, kiddieland ride, driving range, sports stadium, arena and other similar outdoor recreational uses.
    "Recreational vehicle" means any type of vehicle, whether self-propelled, vehicle-mounted or vehicle-pulled, used for camping or recreational purposes, including but not limited to pickup campers, motor homes, tent campers and travel trailers.
    "Regional shopping center" means a shopping center containing more than three hundred thousand (300,000) square feet in gross floor area.
    "Restaurant" means any establishment of which the principal business is the sale of food and of which the principal method of operation is to serve food ordered from a menu to seated customers at a table, booth or counter inside the establishment. However a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
    "Restaurant, fast-food" means any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can readily be eaten outside the premises where it is sold and where facilities for on-premises consumption of food are insufficient for the volume of food sold.
    "Restaurant, fast-food cafeteria" means any establishment where ready-to-eat food is available upon a short waiting time and served to customers on a tray through a cafeteria line for consumption at a table, booth or counter inside the establishment.
    "Restaurant, fast-food carry-out" means any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can readily be eaten away from the premises where it is sold and where there are no facilities for on-premises consumption of food.
    "Restaurant, fast-food drive-in" means any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can readily be eaten outside the premises and whose principal method of operation is to serve food to customers in motor vehicles.
    "Resubdivision" means a subdivision which has been altered by changing of a line, bearing or other measurement and which is subsequently platted and recorded in a legal manner.
    "Retail establishment" means a structure containing one retail use or several uses under one ownership in one structure or within one unit of a structure from which merchandise is sold to the general public including the rendering of services incidental to the sale of such merchandise.
    "Satellite simulcast betting facility" includes any place where pari-mutuel betting occurs on any race that is simulcast from any type of sending track by either thoroughbred or harness racing or any other type of human, animal or vehicle racing; or on any other type of sporting event. This definition also includes any place known as an off-track betting (OTB) facility. No such facility shall be allowed in any city zoning district.
    "School of general instruction" means a public, parochial or private school or college providing regular instruction at least five days a week (except for holidays) for a normal school year, but not including a school of special instruction, a nursery school, unless conducted as part of a school of general instruction, or a riding school.
    "School of special instruction" means a school primarily devoted to giving instruction in vocational, professional, commercial, musical, dramatic, artistic, linguistic, scientific, religious or other special subjects, but not including a nursery school, or a riding school.
    "Screening" means landscaping, berms or fencing, or any combination thereof, designed to obstruct view of a particular use.
    "Setback/building line" means a line parallel to the front lot line beyond which no principal building or structure is permitted to extend.
    "Shopping center" means two or more commercial establishments either in one structure or in two or more separate structures built on one parcel of land that is planned and developed as an operating unit related in location, size and type of shops to the trade area that the center is designed to serve; it provides common on-site parking access and other amenities in definite relationship to the type and total size of the center.
    A. "Neighborhood" means a shopping center not exceeding thirty thousand (30,000) square feet in gross floor area.
    B. "Community" or "Regional" means a shopping center exceeding thirty thousand (30,000) square feet in gross floor area.
    Sign. See Chapter 17.216.
    "Site plan" means a detailed plan of development showing the arrangement of any building(s) in relation to parking, streets, entrances, exits, open space and adjoining properties, with all information relevant to size of area, number of parking spaces and square footage of buildings, etc., inscribed thereon in addition to any other pertinent information as may be required by a specific section of this code.
    "Special exception" means a land use authorized by the board of zoning appeals pursuant to the provisions of this title and subject to standards and conditions set forth for such use. It is a use which has been legislatively predetermined to be conditionally compatible with uses permitted as of right in a particular zoning district, the conditions being that the board of zoning appeals must, in each case, decide under the standards set forth in Chapter 17.232 whether the presumptive compatibility in fact exists.
    "Specialty shop" means a shop for the sale of antiques/collectibles or handicraft and supplies, including artwork, leatherwork, pottery, needlework or similar items which may be made on the premises.
    "Street" means a public thoroughfare, however designated, maintained by the city of Salisbury, State of Maryland or Wicomico County, which affords the principal means of access to abutting property and which is hereafter developed according to the regulations for the city of Salisbury, or a public way, private right-of-way or easement as approved by either the planning commission or city council.
    "Structure" means that which is built or constructed.
    "Studio" means an establishment wherein music, photography, dancing, sculpting or other artistic instructions may be given.
    "Subdivision" means a lot, parcel or tract of land which has been legally subdivided, platted and recorded in the land records of Wicomico County.
    "Townhouse" means a single-family dwelling forming one of no fewer than three attached single-family dwellings with property lines and party walls separating such units and which are separated from any other building or structure by space on all other sides.
    "Transient" means on a one-day or a day-to-day basis.
    "Travel trailer" means a portable vehicular structure not over eight feet wide or thirty-five (35) feet in length, designed as a temporary living unit for travel, recreational and vacation uses. It is designed solely for short-term occupancy and for travel purposes.
    "Truck terminal" means a building or area where trucks, including tractors or trailer units, are parked, stored or serviced, which may also include areas, buildings or structures for the transfer, loading or unloading or storage of a wide array of goods and materials of various types and sizes.
    "Utility substation" means a station subordinate to a public or private utility building or use for the provision of services through areas which cannot be serviced by the facilities of the main building or use.
    "Variance" means a modification only of the required density, bulk or area requirements set forth in this title where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of any action taken by the applicant, a literal enforcement of the title would result in unnecessary hardship.
    "Warehouse" means a building or structure used for the inside storage of goods and materials.
    "Warehousing" means facilities or structures operated for the storage of prefinished goods and materials, with not more than two bays to be used for maintenance within the same building where goods or materials are stored.
    "Width of street" means the mean of the distance between the right-of-way lines of a street between two intersecting streets.
    "Yard" means an open space on the same lot with a building or building group lying between the front, rear or side wall of a building and the nearest lot line, unoccupied except for projections and specific minor uses or structures allowed in such open space under the provisions of the zoning ordinance.
    "Yard, front" means a yard extending the full width of the lot on which a building is located and situated between the front lot line and a line parallel thereto and passing through the nearest point of the building.
    "Yard, interior side" means a side yard located immediately adjacent to another lot or to an alley separating such side from another lot.
    "Yard, rear" means a yard extending the full width of the lot on which a building is located and situated between the rear lot line and a line parallel thereto and passing through the nearest point of the building.
    "Yard, side" means a yard on the same lot as a building situated between the side lot line and a line parallel thereto and passing through the nearest point of a building and extending from the front yard to the rear. (Ord. 1895, 2004; Ord. 1881, 2003; Ord. 1868, 2002; Ord. 1864, 2002; Ord. 1809 § 1, 2001; Ord. 1786 § 1, 2000; Ord. 1752 § 1, 2000; Ord. 1660, 1997; Ord. 1612 (part), 1995; Ord. 1599 §§ 4 (part), 12 (part), 1995; Ord. 1567, 1993; prior code § 150-17)

Article II Determination of Use--Interpretation

Section 17.04.130 Determination of use.
    A. In the event an applicant wishes to use property for a use which is not specifically identified under inherent uses or special exceptions and where such use is not specifically prohibited from the district, a written request shall be submitted to the planning commission for a determination of unclassified use.
    B. The planning commission shall review the request to determine whether the use is of a similar character to the uses permitted inherently or by special exception and whether the proposed use meets the purpose and intent of the district in which the use is requested.
    C. The planning commission shall forward a recommendation to the city council which shall approve or deny the request after introduction of an amending ordinance and a public hearing thereon. (Prior code § 150-299)

Section 17.04.140 Interpretation.
    A. In the event that there is a question as to interpretation of any part of this title, a written request for interpretation shall be submitted to the planning commission.
    B. The planning commission shall review that part of this title requested for interpretation and determine its original purpose and intent at the time of the writing and adoption of this title.
    C. The planning commission shall forward its interpretation to the applicant in writing within forty-five (45) days from receipt of the request. All such interpretations shall serve as the commission's policy until such time as the code is amended to include the interpretation as a part of the zoning code.
    D. The city of Salisbury recognizes that the Federal Fair Housing Act imposes upon it a duty to make "reasonable accommodations," as such term may be defined under the Fair Housing Act from time-to-time, in its land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. The planning commission and board of zoning appeals shall interpret this title so as to comply with the Fair Housing Act and other applicable law. (Ord. 1786 § 2, 2001; Prior code § 150-300)

Article III Public Notice

Section 17.04.150 Procedure.
    Unless otherwise expressly provided by law, all notice to the general public required by the terms of this title shall be made as follows:
    A. Posting of the Property. The property affected or to be affected by the pending proceeding shall be posted. Such posting shall be made not less than ten days prior to a public hearing for a variance, special exception, ordinance permit or other such zoning appeal and not less than fourteen (14) days prior to a public hearing for a zoning reclassification or zoning amendment, by erection of a sign within ten feet of whatever boundary line of such land abuts the most traveled public road so as to be clearly visible to the public, and if no public road abuts thereon, then facing in such a manner as most readily may be seen by the public. Such posting shall not be required for sectional or comprehensive amendment proceedings.
    B. Newspaper Advertising. All proceedings under the terms of this title requiring a public hearing shall be advertised at least once in a newspaper of general circulation, as follows:
    1. A variance, special exception, change in nonconforming use, ordinance permit or other such appeal shall be advertised ten days prior to the scheduled hearing;
    2. A text amendment or reclassification of zone shall be advertised once each week for two successive weeks, with the first publication appearing at least fourteen (14) days prior to the scheduled hearing;
    3. The advertisement shall state:
    a. The date, time and place of 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. (Prior code § 150-309)

Article IV Miscellaneous Provisions

Section 17.04.160 Vision obstructions at intersections.
    A. As an aid to freer, safe movement of vehicles at and near street intersections and in order to promote more adequate protection of the safety of children, pedestrians, operators of vehicles and property:
    1. There shall be limitations on the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixtures, construction and planting in all districts where front yards are required on corner lots;
    2. Such barriers to clear unobstructed vision at corners of intersecting streets shall be limited to a height of not over two and one-half (2½) feet above the established elevation of the nearest curb for a distance of thirty-five (35) feet along both the front and side lot lines, measured from the point of intersection of said intersecting lot lines;
    3. Within the isosceles triangle formed as required in subsection (A)(2) of this section by connecting the ends of the respective thirty-five-foot distances, all the fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height not over two and one-half (2½) feet above the elevation of the curb level at said intersecting streets;
    4. Within the triangle, the ground elevation of such front yards shall not exceed two and one-half (2½) feet above established curb elevation at said intersecting streets;
    5. Parking is prohibited within the triangle.
    B. This section does not apply to the central business district. (Prior code § 150-176)

Section 17.04.170 Applicability of height limitations.
    The building height limitations of this title shall not apply to the following, except where further regulated by the standards for the district in which they are located:
    A. Belfries, chimneys, conveyors, cupolas, derricks, domes, gas holders, fire escapes, fire towers, flag poles, flues, minarets, monuments, observation towers, parapet walls, pinnacles, silos, smokestacks, spires, steeples, transmission towers, ventilators, windmills or outdoor radio and television towers, poles, antennas and wires;
    B. Water towers or tanks not situated on the roof of a building;
    C. Bulkheads, cooling towers, elevators, elevator enclosures, monitors, penthouses, skylights, stage towers and water towers and tanks, occupying less than twenty-five (25) percent, in the aggregate, of the area of the roof of the building on which they are situated;
    D. Derricks, tipples, rock crushers, bins, washers and similar necessary equipment for construction and industries. (Prior code § 150-177)

Section 17.04.180 Exceptions to yard requirements.
    No building shall hereafter be constructed, moved, extended or altered so as to reduce the required setback for the district in which the building is situated, except as follows:
    A. The depth of any required front yard in any district may be increased or decreased so the front yard will approximate the average depth of existing front yards of existing buildings on adjoining lots on each side or, if there are no adjoining buildings, shall approximate the average depth of the front yards of the nearest buildings on the same side of the street within two hundred (200) feet;
    B. When the side lines of a lot converge so as to form a rear lot line of less than ten feet or a point in the rear, the rear lot is that line parallel to the front line and measuring ten feet in length between the two side lot lines. The depth of the rear yard is measured from such ten-foot line to the nearest part of the principal building;
    C. Wherever front yards, setbacks or building lines are established back of the street line by plats, deeds or covenants recorded in the land records of Wicomico County prior to the effective date of this title which are more restrictive than those required by this title, such yards, setbacks or building lines shall take precedence;
    D. In the case of corner lots with more than two frontages, at least two front yards shall be provided having the full depth required for the district, and no other front yard shall have less than half the full depth required for the district;
    E. In the case of corner lots with two frontages, two front yards shall be required, having the full depth required for the district;
    F. In the case of corner lots, there shall be no required rear yard. Lot lines shall be treated as front or side lot lines, and front and side yards shall be required in accordance with the appropriate sections of this title. (Prior code § 150-178)

Section 17.04.190 Fences and retaining walls.
    A. Fences in all residential districts in rear and side yards shall be limited to six feet in height.
    B. Fences in all zoning districts that are located within the front yard setback shall be limited to four feet in height.
    C. No front yard in any zoning district shall have a retaining wall within the front yard setback higher than four feet above the ground level of the adjoining yards. If a fence is to be used on top of the wall, the combination of the fence and the retaining wall shall not exceed a total of eight feet in height above the ground level of the adjoining yards.
    D. Fences enclosing outside storage yards shall be not less than six feet nor more than eight feet in height and shall be solid board, metal, masonry or wire fences with slats to obscure view of the storage material.
    E. Fences or retaining walls in any zoning districts on corner lots shall comply with Section 17.04.160, Vision obstructions at intersection.
    F. Fences in industrial districts enclosing storage yards that do not adjoin or face public streets or highways or residential districts may be enclosed with fencing that does not obscure view of the yard.
    G. For protection of property or to ensure public safety in any district where hazardous materials are stored, fences may be eight feet high, except in the required front yard setback. (Ord. 1599 § 6, 1995: prior code § 150-179)

Section 17.04.200 Structures permitted in all districts.
    The following structures are permitted in all districts:
    A. Historic buildings, monuments or markers;
    B. Religious monuments, markers or shrines. (Prior code § 150-180)

Section 17.04.210 Airport height limitations.
    A. No building, tower or other structure or tree shall be constructed, altered allowed to grow or maintained which will interfere with the operation of the Salisbury-Wicomico County Airport or violate the following height restrictions:
    1. Airport Approach Zones. Those heights permitted in the official master plan for the airport in conformance with federal aviation regulations and illustrated on profiles contained in the plan for the airport and any future expansion which may extend into the corporate limits of Salisbury.
    2. Airport Turning Zone. Not in excess of one hundred fifty (150) feet above ground level. This restriction applies within the existing seven-thousand-foot radius established as the turning zone for the Salisbury-Wicomico County Airport at the time of enactment of this title and shall apply within any future radius established thereafter that may extend within the corporate limits of Salisbury.
    B. No use of land shall be made within or adjacent to any airport district which:
    1. Creates electrical interference with radio communications between the airport and aircraft, including radio and television transmitting towers or studios and large radiation or X-ray equipment;
    2. Includes aboveground storage of any explosive material;
    3. Emits smoke or odor;
    4. Contains lights or signals which may be confused with airport navigational lights;
    5. Results in glare to pilots approaching, leaving or circling the airport or which impairs visibility in the airport district;
    6. Provides private airfields or runways for the use of planes other than those used in the principal airport in the district;
    7. Otherwise endangers the landing, taking off or maneuvering of aircraft. (Prior code § 150-181)

Section 17.04.220 Gasoline pump islands and canopies.
    A. Pump Islands. The following setbacks shall apply to the location of gasoline pump islands:
    B. Canopies. The following setbacks shall apply to all canopies hereafter established, including where such canopies are attached to a building or structure:
    1. Neighborhood Business. Ten feet from the street right-of-way or five feet from the back of the sidewalk and five feet from all other property lines;
    2. Commercial. Ten feet from the street right-of-way or five feet from the back of the sidewalk and five feet from all other property lines;
    3. Industrial. Ten feet from the street right-of-way or five feet from the back of the sidewalk and five feet from all other property lines.
    C. Stacking Lanes. The following stacking lane standards shall apply to any gasoline pump island:
    1. At least sixty (60) feet of stacking area shall be provided at the entrance of a pump island, as measured from the leading edge of a gasoline pump;
    2. Stacking lanes shall not be located either in required parking lot maneuvering areas or parking spaces nor shall any stacking lanes be located so as to block access to parking spaces. (Ord. 1599 § 7, 1995: prior code § 150-184)

Section 17.04.230 Projections into yards.
    A. An outside stairway or an open or lattice-enclosed fire escape may project into a rear yard, and a balcony may project not more than ten feet into a rear yard.
    B. Ordinary window sills, bay windows, chimneys, eaves and cornices may project not more than three feet into any yard.
    C. Enclosed or unenclosed porches and similar projections on the fronts of buildings shall not project into a required front yard.
    D. An unenclosed porch may project not more than ten feet into a required rear yard. Steps for entrance to the first floor of a building may project into side and rear yards. (Prior code § 150-185)

Section 17.04.240 Open space covenants, bylaws and condominium documents.
    Whenever common open spaces, areas or common use facilities are required by this title or proposed by an applicant as a part of any plan or building permit approval or the establishment of condominium ownership for any existing use, the following provisions shall apply:
    A. Any common open spaces, common use areas or facilities and any developed open space shall be made available for the use of all occupants of the development.
    B. All such areas shall be protected by legal arrangements satisfactory to the planning commission and city solicitor, sufficient to assure the common use, maintenance and preservation for whatever purpose such areas are intended and approved.
    C. Covenants or other legal arrangements shall specify ownership of the common open space or method of maintenance; responsibility for maintenance; maintenance taxes and insurance; and city, county and state taxes; compulsory membership and compulsory assessment provisions; guaranties that all such areas or facilities shall be reserved in perpetuity for the residents, users or occupants.
    D. No association formed to own and maintain open spaces or common use facilities shall be dissolved, nor shall any covenants, bylaws or other legal arrangements associated with all open spaces or common use areas be modified or changed without the consent of the mayor and council.
    E. No open space or common use facilities, specifications or restrictions deemed necessary by the planning commission or city council may be changed without the consent of the commission or mayor and council.
    F. When an approved plan provides for open spaces, common use buildings, landscaped areas, recreation facilities, parking areas, structures or other improvements for the use and benefit of occupants of the development, the developer may be required by the planning commission to guarantee the completion of any such spaces, structures, facilities or other such improvements by providing to the planning commission or city council in such amount as may be determined:
    1. A separate bond or other form of guaranty that such improvements will be completed acceptable to the planning commission or city council;
    2. A bond as a part of the construction improvements plan required by the department of public works;
    3. The bond or other form of guaranty or assurances shall be released when the buildings, structures or improvements have been completed according to the approved plan.
    G. Condominiums. When any existing use is converted to or a proposed use is planned for condominium-type ownership, the following documents shall be submitted to and approved by the planning commission in order to assure compliance with this title:
    1. One copy of a proposed site plan or subdivision plat showing all land and related facilities included in the proposed condominium, the same being any such plat as may be required by the Maryland Horizontal Property Act;
    2. One copy of the proposed condominium documents demonstrating compliance with all of the requirements of this subsection.
    H. After approval, all such covenants, condominium documents or other legal arrangements shall be recorded in the land records of Wicomico County. (Prior code § 150-186)

Chapter 17.08

DISTRICTS--MAPS--BOUNDARIES

Sections:
    17.08.010 Establishment of districts.
    17.08.020 Incorporation of maps.
    17.08.030 Interpretation of district boundaries.

Section 17.08.010 Establishment of districts.
    A. In order to carry out the provisions of this title, the city of Salisbury is divided into the following zoning districts:
    1. Residence Districts.
    a. R-5, R-8 and R-10;
    b. R-5A, R-8A and R-10A.
    2. Office and Service Districts.
    a. Office and Service Residential;
    b. Office and Service Highway Nos. 1, 2 and 3.
    3. Business Districts.
    a. Neighborhood Business;
    b. Light Business and Institutional;
    c. General Commercial;
    d. Regional Commercial.
    4. Industrial Districts.
    a. Light Industrial;
    b. Industrial.
    5. Special Districts.
    a. College and University;
    b. Hospital;
    c. Historic;
    d. Conservation;
    e. Paleochannel;
    f. Central Business;
    g. Riverfront Redevelopment Multiuse.
    B. Planned Development Districts. The following districts are established in the text of this title and must be approved by the city council as an amendment to the official zoning map. The location of these districts is determined at the time of approval.
    1. RR-5A Residential;
    2. Mobile Home;
    3. Residential;
    4. Industrial Park. (Prior code § 150-18)

Section 17.08.020 Incorporation of maps.
The location and boundaries of the districts established by this title are shown upon the zoning map, special district overlay maps, floodplain overlay maps and flood profiles, which are incorporated into this title. Such maps, together with everything shown thereon and all amendments thereto, shall be as much a part of this title as if fully set forth and described herein. The official maps shall be signed by the chairman of the planning commission and the president of the city council and shall be kept in the office of planning and zoning. The director of planning shall be responsible for all amendments to the official maps and verification of copies for distribution. (Prior code § 150-19)

Section 17.08.030 Interpretation of district boundaries.
    Where uncertainty exists as to the boundaries of districts shown on the official zoning maps, the following rules shall apply:
    A. District boundary lines are intended to follow center lines of streets, highways and waterways or lot lines, corporate boundaries and specific dimensions shown on the official zoning map.
    B. Where dimensions are shown, the district boundary shall be measured in feet along a horizontal plane at right angles to the respective street feature which such dimensions follow. All such measurements shall be taken at the street right-of-way line even if the center line of that street is used for the location of the zoning district boundary on the zoning map.
    C. When a zoning district boundary line crosses a lot and sixty (60) percent of the lot is in one zoning district and forty (40) percent is in another zoning district, a special exception may be granted to use the entire property for uses allowed in the zoning district that applies to the sixty (60) percent portion of the lot. In addition to the sixty (60) percent requirement, the following restrictions shall apply:
    1. A nonresidential use shall not extend over a lot in a residential district closer than twenty-five (25) feet to a street in a residential district; and the twenty-five-foot area shall be maintained as a landscaped front yard;
    2. When a nonresidential use is extended over a lot in a residential district, a ten-foot-wide screening area shall be provided adjacent to all lot lines in the residential zoning district. (Ord. 1599 § 2, 1995; prior code § 150-20)

Chapter 17.12

ADMINISTRATION AND ENFORCEMENT

Sections:

Article I Organization

17.12.010 Administrative agencies.
17.12.020 Intent.

Article II Department of Building, Housing and Zoning

17.12.030 Duties.
17.12.040 Zoning authorizations.

Article III Department of Public Works

17.12.050 Jurisdiction and authority.

Article IV Planning Commission

17.12.060 Jurisdiction and authority.

Article V City Council

17.12.080 Jurisdiction and authority.

Article VI Board of Zoning Appeals

    17.12.090 Composition--Employees--Meetings.
    17.12.100 Jurisdiction and authority.
    17.12.110 Appeals.
    17.12.120 Hearings and meetings--Action on similar application--Time limit.
    17.12.130 Appeals to courts.

Article I Organization

Section 17.12.010 Administrative agencies.
    The administration of this title is vested in the following offices of the government of the city of Salisbury:
    A. Department of building, housing and zoning;
    B. Department of public works;
    C. The planning commission;
    D. The Salisbury city council;
    E. The board of zoning appeals. (Prior code § 150-280)

Section 17.12.020 Intent.
This chapter shall describe the procedure and substantive standards with respect to the administrative functions of each of these offices relative to their duties and responsibility as required by this title. (Prior code § 150-281)

Article II Department of Building, Housing and Zoning

Section 17.12.030 Duties.
    Duties of the department of building, housing and zoning shall be as follows:
    A. To issue zoning authorization and make and maintain records thereof;
    B. To receive applications for variances, special exceptions or any other matter to be considered by the board of zoning appeals;
    C. To initiate and request inspections of structures and use of land to determine compliance with the terms of this title or actions of the planning commission, city council or board of zoning appeals and, where there are violations, to initiate action to secure compliance therewith. (Prior code § 150-282)

Section 17.12.040 Zoning authorizations.
    A. Authorization Required. No land or building may be used, or any building constructed, extended, altered, changed or converted, without written authorization from the building inspector that the proposed structure, alteration, change, conversion or use complies with the provisions of this title. Where no other permit is required for the use of land, this zoning authorization shall be construed as the permit to so use the land. A building permit or occupancy certificate issued in conflict with the provisions of this title shall be null and void.
    B. Zoning Authorizations.
    1. Application for Zoning Authorization. The application for a zoning authorization shall be accompanied by a plot plan, indicating the parcel of land, lot or lots, block or blocks or portions thereof, drawn, to scale and fully dimensioned, showing the ground area, height and bulk of the structure or land and such other information as may be required by the building inspector for the proper administration and enforcement of this title. Whenever a structure or use is of the type requiring off-street parking on a ratio to the number of employees, the number of employees on which the parking is based shall be shown on the application.
    2. Critical Area Program. The requirements of this title are modified to the extent necessary in order that all land within the critical area as established by the Chesapeake Bay critical area commission, the critical area program and Chapter 12.20 of the city code shall also comply with the provisions of the city of Salisbury Chesapeake bay critical area program, where applicable.
    C. Disapproval. If the application and the accompanying papers do not comply in all respects with the regulations of this title, it shall be disapproved by the building inspector, and the applicant shall be notified in writing. The building inspector may, in his discretion, before disapproving any application, return such application to the applicant, who may amend said application, plans or specifications in order to make the proposal comply with the regulations of this title. In such event, the building inspector shall proceed to pass upon the application as if it were an original one.
    D. Issuance. If the application, filed together with the plans and specifications, conform in all respects with the requirements of this title, the building inspector shall issue written zoning authorization and any necessary permits.
    E. Appeal. If an application is disapproved, the applicant shall be notified in writing, with the reasons for disapproval. If the applicant wishes to pursue the request, an application for an appeal before the board of zoning appeals shall be filed with the building inspector. Such application shall be transmitted forthwith to the planning director who, in turn, shall forward such application to the board for its action. The planning director shall return the board's action to the building inspector in writing. If the appeal application is approved, the building inspector shall issue written zoning authorization and any necessary permits.
    F. Plan Applications.
    1. Applications requiring review and approval by the planning commission, board of zoning appeals and downtown/riverfront development review committee shall be forwarded to the planning director for scheduling before the appropriate commission, committee or board.
    2. No such application shall be accepted by the director of building, housing and zoning or scheduled by the planning director until all plans and documentation required by and in compliance with this title have been received; except that,
    a. An application for official action by the planning commission or board of zoning appeals may be scheduled for review with only a site plan showing all required elements of the proposed development;
    b. An application for review by the downtown/riverfront development review committee may be scheduled for review with only a site plan showing all required elements of the proposed development and exterior elevations showing the design of the proposed development;
    c. Any commission, committee or board may render its decision if it determines that the information on the site plan or exterior elevations is sufficient; provided, that such approval is conditioned upon an applicant completing all other plans and documentation as may be required by this title.
    3. The planning director shall advise, in writing, the director of building, housing and zoning of all action taken on the application.
    4. If the application is approved, the director of building, housing and zoning may issue written zoning authorization or conditional zoning authorization, subject to compliance with all other requirements of this title and all other applicable city regulations. (Prior code § 150-283)

Article III Department of Public Works

Section 17.12.050 Jurisdiction and authority.
    The department of public works shall have the following jurisdiction and authority wherever required by this title:
    A. To review and make recommendations on street width and layout of streets serving a development;
    B. To review and make recommendations on access from a development onto public streets and highways;
    C. To review and approve any plan relative to public utilities as requested by the planning commission, board of zoning appeals or city council. (Prior code § 150-284)

Article IV Planning Commission

Section 17.12.060 Jurisdiction and authority.
    The planning commission shall have the following jurisdiction and authority:
    A. To initiate, to receive and to review applications for and to make recommendations to the city council on all text amendments and zoning reclassifications;
    B. To review and approve all development where required by this title and to review development for recommendation to the board of zoning appeals or the city council, as required;
    C. To receive, review and recommend all requests for determination of unclassified uses and to interpret any part of this title where there is question as to the purpose and intent of its originality;
    D. To review certain uses in the industrial park and paleochannel districts and make recommendations to the city council;
    E. To review ordinance permit requests and make recommendations to the city council;
    F. To review and approve landscaping plans in accordance with Chapter 17.220;
    G. In reviewing and approving any plan for development or landscaping as enumerated in subsections (A) thorough (F) of this section, the commission may establish those conditions it deems necessary to accomplish the purpose and intent of this title. (Prior code § 150-285)

Article V City Council

Section 17.12.080 Jurisdiction and authority.
    The Salisbury city council shall have the following jurisdiction and authority:
    A. To hear applications for and recommendation on text amendments and zoning reclassifications and to make final decisions thereon;
    B. To hear applications for and recommendation on planned development districts and to make final decisions thereon;
    C. To hear applications for and recommendation on a determination of use and to make final decisions thereon;
    D. To hear applications for and recommendation on ordinance permits and to make final decisions thereon. (Prior code § 150-287)

Article VI Board of Zoning Appeals

Section 17.12.090 Composition--Employees--Meetings.
    A. The board of zoning appeals shall consist of five members appointed by the city council. The members of the board of zoning appeals shall be appointed for terms of three years. One member shall be named by the board as chairman. A vacancy shall be filled for the unexpired term of any member whose term becomes vacant. The members of the board of zoning appeals shall be removed for cause by the appointing authority upon written charges and after public hearings.
    B. The board of zoning appeals, hereinafter referred to as "the board," shall appoint such employees as may be authorized from time to time by the city council; however, the employees of the planning commission shall also serve as employees to the board.
    C. The board shall adopt rules necessary for carrying out the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine bygeneral rule. Three members shall constitute a quorum. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. 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 records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record open to inspection during the hours of normal operation of the office. Copies of the minutes shall be made available to interested parties at cost. (Prior code § 150-288)

Section 17.12.100 Jurisdiction and authority.
    Jurisdiction and authority of the board shall be as follows:
    A. To hear and decide applications for special exceptions in the manner prescribed by and subject to the standards established herein;
    B. To hear and decide applications for variances from the terms provided in this title in the manner prescribed by and subject to the standards established herein;
    C. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the director of the department of building, housing and zoning under this title;
    D. To hear and decide applications for the change, alteration or enlargement of nonconforming uses and enlargement of nonconforming dwellings, in accordance with Sections 17.16.040 and 17.16.050;
    E. To hear and decide all matters referred to it or upon which it is required to act under this title;
    F. To adopt and establish general rules for the conduct of its proceedings. (Prior code § 150-288)

Section 17.12.110 Appeals.
A. Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as approved by the rules of the board, by filing with the building inspector and with the board a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.
B. An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record, on application, on notice to the building inspector and on due cause shown. (Prior code § 150-290)

Section 17.12.120 Hearings and meetings--Action on similar application--Time limit.
    A. The board shall fix a reasonable time and place for the public hearing of an application, appeal or other matter, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. All meetings of the board shall be open to the public. At the hearing, any party may appear in person or by agent or by attorney and testify as to any material facts. The burden of proof and persuasion on all questions of fact which are to be determined by the board shall be on the applicant or appealing party.
    B. If an application is disapproved by the board, thereafter the board shall take no action on another application for substantially the same proposal on the same premises until after twelve (12) months from the date of the final determination by the board or any court of competent jurisdiction. When an application or appeal is made involving substantially the same premises or portion thereof immediately following the twelve-month waiting period, it shall be the duty of the board to see that notification by ordinary mail is given at least one week in advance of the date fixed by the board for its hearing in the current matter to all parties of record, in writing, at the prior proceeding and may also notify those parties known by the board to have been interested in the prior proceeding. The board shall also see that the applicant is furnished with a list of the parties so notified.
    C. Whenever an application, appeal or other matter is approved by the board or any court of competent jurisdiction, the privilege granted thereunder, including any necessary permits, shall be exercised within twelve (12) months from the date of the final action, and, if not exercised within that time, shall automatically lapse and become null and void. However, upon a showing of reasonable cause by the applicant, filed in writing, the board may authorize up to three extensions of the time limit of up to twelve (12) months each. Not more than three extensions of time or extensions greater than twelve (12) months shall be granted without a public notice and hearing. (Ord. 1599 § 14, 1995; prior code § 150-12)

Section 17.12.130 Appeals to courts.
    A. Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals or of final decision of the planning commission or any taxpayer or office, department, board or bureau of the municipality may appeal such decision to the Wicomico County Circuit Court setting forth that such decision is unlawful, in whole or in part, and specifying the unlawful grounds thereof.
    B. Such appeals shall follow the procedures established by the Maryland Rules, as promulgated from time to time by the Court of Appeals of Maryland. The appeal shall not stay proceedings upon the decision appealed from, but upon notice to the board or commission and to the applicant and on due cause shown, the court may grant a restraining order to stay all current and further proceedings in the matter.
    C. The board or commission shall not be required to forward to the court the original papers acted upon by it, but it shall be sufficient to forward certified or sworn copies thereof or such portions thereof as may be called for by such appeal.
    D. When the applicant files an appeal with the Wicomico County Circuit Court, a copy thereof shall be filed with the board or commission. It shall be the duty of the board or commission to notify the city solicitor and all interested parties promptly of the filing of every petition of appeal. The clerk of the Wicomico County Circuit Court shall notify the board of the final action of the court on each appeal.
    E. When applicant files an appeal with the Wicomico County Circuit Court, a copy thereof shall be filed with the board. It shall be the duty of the board to notify the city solicitor and all interested parties promptly of the filing of every petition of appeal. The clerk of the Wicomico County Circuit Court shall notify the board of the final action of the court on each appeal. (Prior code § 150-292)

Chapter 17.16

NONCONFORMING LOTS, STRUCTURES AND USES

Sections:

Article I General Provisions

    17.16.010 Existing lots, structures and uses.
    17.16.020 Nonconforming lots.
    17.16.030 Nonconforming structures.
    17.16.040 Nonconforming uses.
    17.16.050 Nonconforming single-family dwellings.
    17.16.060 Special exceptions.

Article II Continuation of Nonconforming Structures and Uses

17.16.070 Purpose.
17.16.080 Criteria for approval--Conditions.

Article I General Provisions

Section 17.16.010 Existing lots, structures and uses.
Within the zoning districts established by this title or amendments hereafter adopted, there exist lots, structures, use of land and/or structures which were lawful before this title was passed or amended but which would not conform to regulations and restrictions under the terms of this title or future amendments thereto and which could not be built or used under existing regulations. Such nonconformities may continue to exist, subject to the following. (Prior code § 150-10)

Section 17.16.020 Nonconforming lots.
A. A "nonconforming lot" is a lot which was legally subdivided and recorded in the county land records prior to adoption or amendment of this title and which, after adoption or amendment of the zoning ordinance, does not comply with the dimensional requirements thereof.
B. A nonconforming lot may be built upon only in accordance with the regulations set forth for the district in which it is located. (Prior code § 150-11)

Section 17.16.030 Nonconforming structures.
    A. A "nonconforming structure" is a structure lawfully existing at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot.
    B. A nonconforming structure may continue so long as it remains lawful and such structures may be maintained to assure compliance with other applicable city codes.
    C. A nonconforming structure shall not be structurally changed or enlarged without approval of the board of zoning appeals in accordance with Article II of this section.
    D. A nonconforming structure that is wholly or partially destroyed by fire, act of God or other casualty beyond the control of the owner may be reconstructed within one year afterward, as follows:
    1. More than fifty (50) percent destroyed--all such nonconforming structures may be reconstructed, provided that all provisions of this chapter are met for the zoning district in which the structure is located; or
    2. Less than fifty (50) percent destroyed--may be reconstructed exactly as existed prior to the structure being damaged.
    E. The board of zoning appeals may grant an extension to the one year time limitation upon application to the board showing that strict compliance with this one year period will result in either an unwarranted hardship or injustice to the owner, provided that such extension will not be contrary to the public interest. (Ord. 1599 § 14 (part), 1995; prior code § 150-12)

Section 17.16.040 Nonconforming uses.
    A. A "nonconforming use" is a use which legally exists at the effective date of adoption or amendment of this title but that does not comply with the use regulations of the district in which it is located. Such nonconforming use may consist of a nonconforming use of land, a nonconforming use of a structure or a nonconforming use of land and a structure.
    B. A nonconforming use may continue so long as it otherwise remains lawful.
    C. A nonconforming use may not be changed to another nonconforming use, extended or enlarged without approval of the board of zoning appeals in accordance with Article II of this chapter.
    D. No building, structure or lot where a nonconforming use has substantially ceased for a continuous period of one year, whether or not fixtures or equipment are removed, shall again be put to a nonconforming use.
    E. The casual, temporary or illegal use of land or structure does not establish the existence of a nonconforming use.
    F. A nonconforming use or structure housing a nonconforming use that is wholly or partially destroyed by fire, act of God or other casualty beyond the control of the owner may be reconstructed within one year afterward, as follows:
    1. More than fifty (50) percent destroyed--all such nonconforming uses or structures may be reconstructed only in conformance with all provisions of this chapter for the zoning districts in which the structure or use is located; or
    2. Less than fifty (50) percent destroyed--may be reconstructed and sued exactly as existed prior to the structure being damaged.
    G. The board of zoning appeals may grant an extension to the one year time limitation upon application to the board showing that strict compliance with this one year period will result in either an unwarranted hardship or injustice to the owner, provided that such extension will not be contrary to the public interest. (Ord. 1599 § 14 (part), 1995; prior code § 150-13)

Section 17.16.050 Nonconforming single-family dwellings.
A. A single-family dwelling lawfully existing on the effective date of this title but which could no longer be constructed in the district in which it is located because of a restriction of use may be enlarged or altered without permission of the board of zoning appeals.
B. A single-family dwelling lawfully existing on the effective date of this title but nonconforming in setback with the regulations for the district in which it is located may be enlarged in line with the existing nonconforming setback without permission of the board of zoning appeals; except, that on a corner lot no enlargement shall be made extending toward the intersecting street corner without permission of the board of zoning appeals upon a finding that the enlargement will not be detrimental to the use or further development of the intersecting streets or create a safety hazard to motorists thereon. (Prior code § 150-14)

Section 17.16.060 Special exceptions.
Any use legally established as either a permitted use or as a special exception prior to May 23, 1983, or by subsequent amendment, which under the provisions of this title is now permitted as a special exception, shall, without further action, be deemed a conforming use in the district in which the special exception is now allowed. (Ord. 1599 § 10, 1995: prior code § 150-15)

Article II Continuation of Nonconforming Structures and Uses

Section 17.16.070 Purpose.
Although there are uses which do not fit into the desired pattern of a zoning district and become nonconforming, it is the policy of the city of Salisbury to provide for the continuation of certain nonconformities which do not endanger the public health, safety and welfare and to recognize that certain uses, although nonconforming in their location, are needed and useful to the area they serve without great detriment to their surrounding neighbors. To provide for change, alteration or enlargement of these uses, the following criteria are established, and approval by the board of zoning appeals is required, after public notice and hearing. (Prior code § 150-297)

Section 17.16.080 Criteria for approval--Conditions.
    A. The board of zoning appeals may approve change, alteration or enlargement of a nonconforming use or structure after consideration of the following:
    1. The intensity of the existing use relative to the district in which it is located, the scale of the change or enlargement in relation to the intensity of the use and whether it will have serious negative effects on the surrounding area, depreciating property values;
    2. Whether the change, alteration or enlargement is of benefit to or in the best interest of the community or surrounding area, such as providing additional employment or housing for the community or services to a neighborhood;
    3. Existing or possible traffic and parking problems and how they can be reduced or minimized;
    4. Screening, buffering or architectural improvements which may make the use more compatible with the surrounding area;
    5. Whether the change, alteration or enlargement will upgrade or improve the existing nonconforming use, such as change to a less-intensive use, change in operation, structural changes or redesign of the site relative to parking areas, entrances, exits, loading or unloading and traffic flow.
    B. Upon approval of a change, alteration or enlargement of a nonconforming use, the board of zoning appeals may impose such conditions or restrictions on the proposal as deemed necessary to reduce or minimize any effect upon other properties in the neighborhood and to secure compliance with the intent of the criteria for approval of such change, alteration or enlargement. (Prior code § 150-298)

Chapter 17.20

COLLEGE AND UNIVERSITY DISTRICT

Sections:
    17.20.010 Purpose.
    17.20.020 Permitted uses.
    17.20.030 Uses permitted by special exception.
    17.20.040 Uses permitted by ordinance permit.
    17.20.050 Accessory uses and structures.
    17.20.060 Development standards.

Section 17.20.010 Purpose.
The purpose of this district is to recognize lands located within the boundaries of the main campus of Salisbury's college and lands off the main campus used by the college and to provide additional lands to promote orderly interrelated development of the college and college-related facilities. A variety of private uses, including housing, offices and services, entertainment and recreation, are permitted, which are intended to complement college use and which will be the least incompatible with future growth and expansion of Salisbury's college and related facilities. (Prior code § 150-96)

Section 17.20.020 Permitted uses.
    Permitted uses shall be as follows:
    A. All uses permitted in the Office and Service Highway District No. 1, Chapter 17.88;
    B. Apartment building and apartment project, in accordance with Chapter 17.168;
    C. Colleges, universities and theological schools, including but not limited to buildings for administrative and faculty offices; administrative, faculty and student housing; classrooms; laboratories; chapels; auditoriums; lecture halls; libraries; student centers; faculty centers; and athletic facilities;
    D. Bookstore and school supply store;
    E. Boardinghouse/rooming house;
    F. Convenience store;
    G. Cultivation of land;
    H. Dormitory housing, in accordance with Chapter 17.168, using R-5A area and density requirements and design standards and restrictions in Section 17.168.050;
    I. Fraternity and sorority house;
    J. Laundromat;
    K. Restaurant and fast-food restaurant;
    L. Townhouse, in accordance with Chapter 17.224, using R-5A density and area.
    M. Group domiciliary care facility. (Ord. 1786 § 3, 2000; Prior code § 150-97)

Section 17.20.030 Uses permitted by special exception.
Uses permitted by special exception shall be as follows:
A. Tavern, dance hall and nightclub. (Prior code § 150-98)

Section 17.20.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Recreational establishment, indoor;
    B. Utility substation, in accordance with Chapter 17.220. (Prior code § 150-99)

Section 17.20.050 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Off-street parking lot or structure;
    B. Off-street loading and unloading facilities;
    C. Gasoline pumps as accessory use to a convenience store, accordance with Section 17.04.220;
    D. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    E. Family day-care home;
    F. Day-care services for employees or patrons of a permitted use. (Prior code § 150-100)

Section 17.20.060 Development standards.
    Development standards for the college and university district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: ten thousand (10,000) square feet;
    2. Interior lot width: eighty (80) feet;
    3. Corner lot width: one hundred (100) feet.
    B. Minimum Yard Requirements:
    1. Front: thirty (30) feet;
    2. Rear: fifteen (15) feet, except as follows:
    a. Twenty-five (25) feet where adjoining a residential district,
    b. Thirty (30) feet for a boarding- and rooming house and a fraternity and sorority house;
    3. Side: ten feet (two); twenty (20) feet adjacent to a residential district;
    4. Side, corner: thirty (30) feet.
    C. The height limitation shall be fifty (50) feet.
    D. Parking, Loading and Unloading. See Chapter 17.196.
    E. Access. Direct access onto a street or highway shall be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion.
    F. Stacking Lanes. Wherever a use provides drive-in window service, a reserve of five spaces shall be provided on site for each drive-in stall.
    G. Outside storage is prohibited.
    H. Lighting shall be designed so as not to throw glare onto surrounding properties.
    I. Signs. See Chapter 17.216.
    J. Landscaping and Screening. See Chapter 17.220. In addition to the requirements of Chapter 17.220, all areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080. (Prior code § 150-101)

Chapter 17.24

CENTRAL BUSINESS DISTRICT (CBD)

Sections:
    17.24.010 Purpose.
    17.24.020 Certificate of design and site plan approval required.
    17.24.030 Permitted uses.
    17.24.040 Development standards.

Section 17.24.010 Purpose.
    A. In 1732 the town of Salisbury was established at the head of the Wicomico River. The CBD is located in this central area of the city where the town began. For many years "downtown" was the center of all trade and industrial activity for the region. It survived and was rebuilt twice after being practically destroyed by fires in 1860 and 1866. Through the years as the city grew and other business areas sprang up along major highways and intersections, the downtown area evolved from the traditional main street central shopping area into the center of governmental, professional, institutional and law enforcement facilities while still retaining service and retail activities. This was accomplished through the city's involvement in adoption and implementation of plans, urban renewal and studies for revitalization of the downtown area.
    B. In 1962 the central business district revitalization plan was adopted. In the late 1960's and early 1970's an urban design study was completed, two urban renewal projects were completed, and an urban river plan was adopted, recognizing the Wicomico River as an important natural asset to future development of the downtown area. In 1980 a R/UDAT Study was completed, and in 1981 a downtown historic district was created. During this time considerable public and private funds were expended implementing these plans and studies.
    C. The purpose of the central business district is to maintain and strengthen the role of the downtown area as the community and regional center for a broad range of governmental, cultural, institutional, professional, business, service and retail activities; to enhance the vitality of the downtown by encouraging residential uses; to continue to carry out and implement the recommendations contained in adopted plans and studies for development of the CBD; and to assure that improvements made using public funds are utilized to the greatest extent possible for the benefit of the public in further development of the downtown area. To ensure that the role of the CBD is maintained and land uses are compatible, general functional categories of land use are described, and special standards for development are set forth. To ensure that development within this district is consistent with the recommendations of the adopted plans, the downtown historic district and any other special development plans which may be effective from time to time, a certificate of design and site plan approval from the planning commission is required. The following uses, standards and review procedures have been developed in accordance with this purpose, which is in accord with the findings and recommendations contained in the plans and studies mentioned herein and the metro core comprehensive plan. (Ord. 1647 § 2, 1997; prior code § 150-88)

Section 17.24.020 Certificate of design and site plan approval required.
Prior to development or redevelopment of any lot or parcel of land within the CBD, a certificate of design and site plan approval shall be obtained from the Salisbury planning commission. Repairs, maintenance and minor additions or change of use not affecting the existing site arrangement of buildings, parking, vehicular or pedestrian movement or building height shall not require a certificate. (Ord. 1647 § 3, 1997; prior code § 150-89)

Section 17.24.030 Permitted uses.
    A. Uses permitted are those that fulfill the purpose and intent of the district, encourage residential use, provide business, professional or financial services, bring people together for cultural and recreational events, support the nearby regional medical center and offer, at retail, a variety of consumer goods and services and promotional activities.
    B. Permitted uses shall be as follows:
    1. Apartments above the first floor, apartment buildings, motels, hotels and single-family attached dwellings;
    2. Business uses and offices, including insurance, real estate and financial offices;
    3. Broadcasting, television and communication facilities, including accessory antennas and towers;
    4. Cultural uses, such as museums, libraries, meeting rooms, theaters and convention facilities;
    5. Governmental uses, such as federal, state, county, city administrative offices, court and detention facilities, the post office, fire station and police station;
    6. Institutional uses, such as hospitals, care homes, churches and nursing homes;
    7. Light manufacturing and assembly conducted entirely within a building;
    8. Parking lot or structure;
    9. Printing and publishing establishment;
    10. Professional uses, including medical, legal, engineering, surveying and architectural offices and facilities;
    11. Promotional activities, including displays, rallies, circuses, carnivals, shows, fundraising activities by church groups or service organizations and similar activities;
    12. Retail activities, such as, but not limited to, department stores, variety stores, specialty shops, boutiques, restaurants (all types), nightclubs, bars and dance halls, saunas, health clubs, marinas, boat ramps, indoor recreational establishments and swimming pools as an accessory use;
    13. Utilities. Facilities for public and private utilities, including but not limited to, telephone, electric and municipal utility stations;
    14. Warehousing as an accessory to and on the same premises with the principal business for the sale of merchandise within the CBD;
    15. Day-care center as a permitted use or day-care services for employees or patrons of a permitted use as an accessory use;
    16. Group domiciliary care facility. (Ord. 1786 § 4, 2000; Ord. 1599 §13, 1995; prior code § 150-90)

Section 17.24.040 Development standards.
    Minimum development standards for the central business district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following requirements:
    1. Lot area: five thousand (5,000) square feet;
    2. Lot width: fifty (50) feet.
    B. Setback, Height and Density. The following minimum standards are established as guides for design of development. These standards may be increased or decreased by the planning commission upon review of individual site design in relation to the surrounding properties and development of the CBD as a whole.
    1. Setbacks.
    a. Setbacks shall be as follows:
    i. Setbacks shall be the same as the established setbacks for existing buildings within the same block.
    ii. Where there are minor irregularities in existing setbacks for the same block, any one of the existing setbacks which the planning commission considers most applicable may be used.
    iii. Where there are major irregularities in existing setbacks for the same block, the setback shall be no less than the average of setbacks for existing buildings on either side of the proposed development.
    iv. Where no established building setbacks exist, the setback shall be a minimum of five feet from the back of the sidewalk.
    v. Setbacks from the Wicomico River shall be a minimum of ten feet from the back of the existing or proposed bulkheading line.
    vi. Setbacks from interior lot lines shall be a minimum of ten feet.
    b. Modifications to Setbacks.
    i. During its review of any development requiring a modification to setbacks, the planning commission shall consider the location of buildings on the site relative to safe vehicular movement on existing or proposed streets, light, air and ability of fire or emergency equipment and vehicles to adequately serve the development.
    ii. Special consideration shall be given to the location of landscaped areas and areas of pedestrian movement to assure coordination of landscaping and freedom and safety of pedestrian movement.
    iii. The planning commission may increase or decrease setbacks wherever a rearrangement of buildings on the site will aid in achieving a continuous link of development with freedom and encouragement of pedestrian movement from one development to another.
    2. Density.
    a. Floor area for commercial or other uses shall not be used when computing density for dwelling units.
    b. Inherent density shall not exceed forty (40) units per acre.
    c. Increased density shall require a special exception from the board of zoning appeals. In addition to consideration of the criteria required by Section 17.232.020, the board shall consider the criteria set forth in subsection (B)(4) of this section.
    3. Height.
    a. The height of all buildings or structures shall not exceed seventy-five (75) feet.
    b. Increased height shall require a special exception from the board of zoning appeals. In addition to consideration of the criteria required by Section 17.232.020, the board shall consider the criteria set forth in subsection (B)(4) of this section.
    4. Criteria for Increased Height and/or Density.
    a. When acting upon a request for either increased height or density, the board of zoning appeals shall consider any or all of the following criteria as may apply to the type of development proposed:
    i. Recommendation from the planning commission;
    ii. The type of residential development proposed relative to the ability of the site to accommodate the density proposed;
    iii. The availability of city services to the site, such as water, sewer, streets and parking lots or structures; and whether the site can accommodate a higher density and/or height without an undue burden of expense to the city;
    iv. The functional, visual and spatial relationship of the proposed height relative to surrounding development and the CBD as a whole;
    v. Whether the proposed height will create an intrusion or conflict with the spatial arrangement of existing or proposed buildings;
    vi. Shadows which may interfere with solar panels or other solar equipment already in existence or under contract to be installed on existing buildings or buildings approved for construction in the immediate vicinity;
    vii. Water pressure and capability of community firefighting equipment, in addition to any required construction of fire safety devices, to assure safety of occupants;
    viii. The merits of the design and whether the treatment of setbacks, landscaping or other amenities, in addition to architectural treatment of the building, provide an excellence of design which contributes to the furtherance of the purpose of the CBD.
    b. The board may solicit any expert review and advice to assist it in making a decision on the request for increased height and/or density.
    C. Open Space and Landscaping.
    1. Landscaped open space shall be provided wherever possible to attract development and provide a pleasing environment to conduct business, trade, civic and cultural affairs and improve the appearance of downtown.
    2. Wherever possible, landscaped open space areas shall be provided adjoining the landscaped open space area on an adjoining parcel. Landscaping for both areas shall be coordinated so as to give the appearance of one continuous landscaped area.
    3. Development adjoining the Wicomico River shall provide public open space easements as required in the urban river plan or other adopted plans and shall provide open space and landscaped areas coordinated with existing open space and landscaped areas developed by the city.
    D. Parking. Parking shall be provided in accordance with Chapter 17.196, except where governed by established parking tax district regulations.
    E. Building and Development Restrictions.
    1. Drive-in window service uses shall provide a reservoir of five spaces on site for each drive-in window or stall.
    2. Access driveways crossing sidewalks to private parking areas shall be reduced or eliminated where it is determined that alternative or unified points of access are available resulting in less traffic congestion and pedestrian interference.
    3. Common loading and unloading areas serving more than one business shall be encouraged where possible.
    4. Entrance to loading and unloading areas shall be located at the rear of the building where possible. Where a business abuts more than one street, this entrance shall be on the street with the least amount of traffic.
    5. Outside storage of materials or parts shall be prohibited, except that outside storage of service and delivery vehicles used in operation of a business within the CBD shall be permitted.
    E. Signs. Signs shall be in accordance with Chapter 17.216. (Ord. 1647 § 4, 1997; prior code § 150-91)

Chapter 17.28

LIGHT BUSINESS AND INSTITUTIONAL DISTRICT

Sections:
    17.28.010 Purpose.
    17.28.020 Permitted uses.
    17.28.030 Uses permitted by special exception.
    17.28.040 Uses permitted by ordinance permit.
    17.28.050 Accessory uses and structures.
    17.28.060 Development standards.

Section 17.28.010 Purpose.
The purpose of the light business and institutional district is to recognize that lands located along major limited access highways running through Salisbury are exposed to large volumes of traffic and high degrees of visibility and to provide for their development while protecting adjoining residential areas. These lands are generally located between the major highways and parallel streets which border adjoining residential areas. Access to these lands is obtainable only from access roads to the major highways and streets bordering the residential areas. Because of their location and exposure to the highways, these lands are unlikely to develop as residential and are subject to pressure for development with uses that benefit from the high degree of visibility and volumes of traffic. To provide for development of these lands and to afford some protection to adjoining residential areas, the uses permitted in this district are those which may benefit from this exposure but which primarily do not generate continuous heavy volumes of traffic, noise, dust or odor, do not primarily have late evening or weekend hours and do not have the detrimental effects that intensive commercial development may have on the property values of nearby residential neighborhoods. Those uses which may generate noise, odor and have evening or weekend hours are encouraged to locate adjacent to the major access highways at the intersection of access roads to be as far from neighboring residential areas as possible. The following uses, standards and area regulations have been developed based upon this purpose, which is in accord with findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-59)

Section 17.28.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartment building and project in accordance with Chapter 17.168;
    B. Bank and other financial institution;
    C. Business, governmental, financial or professional office;
    D. Business center, in accordance with Chapter 17.172;
    E. Care home;
    F. Church or other place of worship, in accordance with Chapter 17.220, excluding bus storage and maintenance, cemetery and gymnasium as an accessory use;
    G. Cultivation of land;
    H. Cultural uses, such as museum, library or art gallery;
    I. Funeral home;
    J. Medical-care facility;
    K. Medical and dental office and clinic;
    L. Radio or television broadcasting station and studio;
    M. School of general instruction, in accordance with Chapter 17.220;
    N. Dry-cleaning pickup station;
    O. Florist;
    P. Office supplies and equipment;
    Q. Photographic studio;
    R. Travel agency;
    S. Group domiciliary care facility. (Ord. 1786 § 5, 2000; Ord. 1672 § 1, 1997; prior code § 150-60)

Section 17.28.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Restaurant, excluding all other types, with a minimum seating capacity of two hundred (200), located adjacent to a major limited access highway at an access road intersection;
    B. Hairdresser shop;
    C. Apartment units as accessory uses above the first floor;
    D. Pharmacy, free-standing;
    E. Day care facilities for the elderly and handicapped. (Ord. 1690 § 1, 1998; Ord. 1672 § 2, 1997; prior code § 150-61)

Section 17.28.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Communication tower, in accordance with Chapter 17.220;
    B. Day-care center or nursery school, in accordance with Chapter 17.220;
    C. Utility substation, in accordance with Chapter 17.220. (Prior code § 150-62)

Section 17.28.050 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Communication towers for broadcasting and receiving, not exceeding seventy-five (75) feet in height;
    B. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    C. Family day-care home;
    D. Day-care services for employees or patrons of a permitted use;
    E. Pharmacy, hairdresser shop, florist and printing and reproduction shop, only as accessory uses to and located within the same building as the following permitted uses:
    1. Apartment building and project in accordance with Chapter 17.168,
    2. Business, governmental, financial or professional office,
    3. Business center in accordance with Chapter 17.172,
    4. Medical-care facility,
    5. Medical and dental office and clinic. (Prior code § 150-63)

Section 17.28.060 Development standards.
    Development standards for the light business and institutional district shall be as follows:
    A. Prior Approval Requirements. Prior to the development of a tract, lot, parcel or any part of the district, a comprehensive development plan, as defined in Section 17.04.120, shall be submitted to the planning commission for review and approval in accordance with Chapter 17.180.
    B. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: twenty-five thousand (25,000) square feet;
    2. Interior lot width: one hundred (100) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    C. Minimum yard requirements shall be as follows:
    1. Front: forty-five (45) feet from property line;
    2. Side, interior: two required, ten feet each, except thirty (30) feet where adjacent to a residential district;
    3. Side, corner: forty-five (45) feet from property line;
    4. Rear: thirty (30) feet from property line.
    D. The height limitation shall be forty (40) feet.
    E. Parking, loading and unloading shall be in accordance with Chapter 17.196.
    F. Access. Direct access onto a street or highway shall be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion.
    G. Signs. See Chapter 17.216.
    H. Lighting. Lighting shall be designed so as not to throw glare onto surrounding properties. Flashing lights are prohibited.
    I. Landscaping and Screening. In addition to the requirements of Chapter 17.220, the following shall be required:
    1. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080. (Prior code § 150-64)

Chapter 17.32

NEIGHBORHOOD BUSINESS DISTRICT

Sections:
    17.32.010 Purpose.
    17.32.020 Permitted uses.
    17.32.030 Uses permitted by special exception.
    17.32.040 Uses permitted by ordinance permit.
    17.32.050 Accessory uses and structures.
    17.32.060 Development standards.

Section 17.32.010 Purpose.
The purpose of the neighborhood business district is to provide areas along major roads or intersections in residential neighborhoods for clustering of limited business and service uses. The areas are exposed to large amounts of traffic, have good vehicular access and are unlikely to develop with residential lots. The uses permitted in these districts are intended to provide services, light retailing and food products as a convenience to the neighborhoods within walking or short driving distance. The following uses, standards and area regulations have been developed based upon this purpose, which is in accord with findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-54)

Section 17.32.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Business, governmental, professional and financial office;
    B. Church and other place of worship, in accordance with Chapter 17.220, excluding vehicle storage and maintenance;
    C. Convenience store;
    D. Custom repair and service shop;
    E. Day-care facilities for the elderly and handicapped;
    F. Drive-in bank;
    G. Dry-cleaning pickup station or dry-cleaning plant and a pickup station not to exceed three thousand (3,000) square feet in gross floor area;
    H. Drugstore;
    I. Firehouse;
    J. Hairdresser shop;
    K. Laundromat;
    L. Medical and dental office and clinic;
    M. Pet-grooming shop;
    N. Police station;
    O. Restaurant and fast-food carry-out restaurant;
    P. Neighborhood shopping center containing no more than thirty thousand (30,000) square feet in gross floor area, in accordance with Chapter 17.212;
    Q. Specialty shop;
    R. Studio. (Prior code § 150-55)

Section 17.32.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Neighborhood shopping center, containing more than thirty thousand (30,000) square feet in gross floor area but not exceeding one hundred thousand (100,000) square feet, on a minimum site of ten acres, and in accordance with Chapter 17.212;
    B. Apartment building and/or project on a minimum lot of three acres in accordance with Chapter 17.168. (Prior code § 150-56)

Section 17.32.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Day-care center or nursery school, in accordance with Chapter 17.220;
    B. Utility substation in accordance with Chapter 17.220. (Prior code § 150-56.1)

Section 17.32.050 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Gasoline pumps as an accessory use to a convenience store, in accordance with Section 17.04.220;
    B. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    C. Communication towers for broadcasting and receiving, not exceeding seventy-five (75) feet in height;
    D. Day-care services for employees or patrons of a permitted use. (Prior code § 150-57)

Section 17.32.060 Development standards.
    Development standards for the neighborhood business district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: ten thousand (10,000) square feet;
    2. Interior lot width: eighty (80) feet;
    3. Corner lot width: one hundred (100) feet.
    B. Minimum yard requirements shall be as follows:
    1. Front: fifty (50) feet;
    2. Rear: fifteen (15) feet;
    3. Side: ten (10) feet each; two (2) required;
    4. Corner, side: same as front yard.
    C. The height limitation shall be forty (40) feet.
    D. Parking, loading and unloading areas shall be provided in accordance with Chapter 17.196.
    E. Access. Direct access onto a major highway shall be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion.
    F. Stacking Lanes. Wherever a use provides drive-in window service, a reservoir of five spaces shall be provided on site for each drive-in stall.
    G. Lighting shall be designed so as not to throw glare on surrounding properties. Flashing lights are prohibited.
    H. Signs. See Chapter 17.216.
    I. Landscaping and Screening. In addition to the requirements of Chapter 17.220, the following shall be required:
    1. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080. (Ord. 1774 (part), 2000; prior code § 150-58)

Chapter 17.36

GENERAL COMMERCIAL DISTRICT

Sections:
    17.36.010 Purpose.
    17.36.020 Permitted uses.
    17.36.030 Uses permitted by special exception.
    17.36.040 Uses permitted by ordinance permit.
    17.36.050 Accessory uses and structures.
    17.36.060 Development standards.

Section 17.36.010 Purpose.
    The purpose of the general commercial district is to provide a wide range of functional and attractive regional retail, office, service, wholesale, storage, distributing and light manufacturing activities.
    To alleviate problems with traffic congestion and unnecessary turning movements, unified access and consolidation of businesses are encouraged. Because of the potential impact of these types of activities, special landscaping and screening requirements are established for certain use.
    The following uses, standards and area regulations have been established consistent with this purpose. (Ord. 1599 § 1 (part), 1995: prior code § 150-65)

Section 17.36.020 Permitted uses.
    A. Permitted uses shall be as follows:
    1. Apartment units, in accordance with Chapter 17.168;
    2. Bank;
    3. Bakery;
    4. Boardinghouse/rooming house;
    5. Business center in accordance with the requirements of Chapter 17.172, provided that each individual lot shall have a minimum of six thousand (6,000) square feet of land area;
    6. Carpenter, sheet metal, sign, blacksmith and welding shop, provided that all activities are confined within a building;
    7. Church and other place of worship;
    8. Club, lodge and fraternal organization;
    9. Cultivation of land;
    10. Cultural uses, such as museum, library or art gallery;
    11. Dry-cleaning plant;
    12. Eating and drinking establishments, including tavern, dance hall, nightclub and restaurants, all types;
    13. Firehouse;
    14. Equipment sales, rental, service, repair or maintenance facility for industrial, automotive, marine, office, construction, household, business or farm equipment;
    15. Greenhouse, florist and nursery;
    16. Hotel, motel or motor hotel;
    17. Laboratory and establishment for production, sale, fitting or repair of eyeglasses, hearing aids and prosthetic appliances;
    18. Light industrial uses, as listed in the light industrial district, completely confined within a building with no outside storage of raw materials or finished products;
    19. Lumber and building supplies;
    20. Marina;
    21. Medical-care facility;
    22. Medical and dental office and clinic;
    23. Police station or substation;
    24. Parking garage, public or private;
    25. Mixed use building as defined in Section 17.04.120 in this chapter in accordance with a comprehensive site plan, as approved by the planning commission, with a mandatory five-foot-wide landscaping area abutting all property lines and parking lots. Signage shall be the same as required for a shopping center;
    26. Neighborhood shopping center not exceeding thirty thousand (30,000) gross square feet of building area in accordance with the requirements of Chapter 17.212;
    27. Office or office building for more than one office;
    28. Radio or television broadcasting station or studio;
    29. Retail sales;
    30. School of special instruction;
    31. Service, rental or repair establishment, such as laundry or laundromat, automobile rental, gasoline and service station, car wash, appliance repair, equipment or instrument repair or rental, dry-cleaning pickup station, hairdresser shop, pet-grooming shop, excluding outdoor runs, upholstery shop, funeral home, tailor and other uses of similar nature;
    32. Taxi and limousine service;
    33. Theater, excluding drive-in theater;
    34. Wholesale business, warehouse, moving, storage and distribution establishment, including wholesale sales.
    35. Group domiciliary care facility. (Ord. 1786 § 6, 2000; Ord. 1599 § 1 (part), 1995; prior code § 150-66)

Section 17.36.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Animal hospital or kennel or any other facility for the treatment of animals with outside pens or runs;
    B. Bus terminal;
    C. Shopping centers, neighborhood, over thirty thousand (30,000) gross square feet of floor area, commercial and regional shopping centers in accordance with Chapter 17.212;
    D. Trucking and freight stations, terminals, and storage yards, excluding the above ground storage of flammable liquids, except for servicing vehicles owned or used in the conduct of the business;
    E. Recreational establishment, indoor.
    F. Day care facilities for the elderly and handicapped. (Ord. 1690 § 2, 1998; Ord. 1599 § 1 (part), 1995; prior code § 150-67)

Section 17.36.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Commercial auction;
    B. Communication tower, over seventy-five (75) feet in height or any other electronic communications facilities with more than one tower or more than one sending or receiving disk in accordance with Chapter 17.220;
    C. Liquor stores and dispensaries (off-sale);
    D. Public or private utility building and uses;
    E. Recreational establishment, outdoor;
    F. Utility substation, in accordance with Chapter 17.220;
    G. Compact concrete dispenser as an accessory use to a use listed in Section 17.36.020, permitted uses, and/or Section 17.36.030, uses permitted by special exception. (Ord. 1599 § 1 (part), 1995; prior code § 150-68)

Section 17.36.050 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Off-street parking lot or structure;
    B. Off-street loading and unloading facilities;
    C. Underground storage of flammable liquids for vehicles used in the conduct of the business of the principal use;
    D. Communication towers for broadcasting and receiving, not exceeding seventy-five (75) feet in height;
    E. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    F. Day-care services for employees or patrons of a permitted use. (Prior code § 150-69)

Section 17.36.060 Development standards.
    Development standards for the general commercial district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: ten thousand (10,000) square feet;
    2. Interior lot width: eighty (80) feet;
    3. Corner lot width: one hundred (100) feet.
    B. Minimum yard and setback requirements shall be as follows:
    1. Front: twenty-five (25) feet;
    2. Rear: fifteen (15) feet;
    3. Side: two, not less than twenty (20) feet total in any combination.
    C. The height limitation shall be fifty (50) feet.
    D. Parking, loading and unloading areas shall be provided for all uses in accordance with Chapter 17.196.
    E. Access. Direct access onto a street or major highway shall be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion. Service drives and loading and unloading areas shall be located so that in the process of loading or unloading no truck will block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation.
    F. Lighting. Lighting shall be designed so as not to throw glare onto surrounding properties. Flashing lights are prohibited.
    G. Signs. Signs shall be in accordance with Chapter 17.216.
    H. Storage. All necessary outside storage of parts, materials, heavy equipment and inoperable vehicles accessory to uses permitted herein shall be in accordance with Chapter 17.220. Open, unenclosed storage of parts, materials, heavy equipment and inoperable vehicles is prohibited.
    I. Landscaping and Screening.
    1. Either landscaping or screening shall be provided for all uses in accordance with the provisions of Chapter 17.220;
    2. In addition to the requirements of Chapter 17.220, all areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.220.080, provided that a landscaped area of at least three feet shall be required abutting all property lines where a zero setback is not provided. (Ord. 1599 § 1 (part), 1995; prior code § 150-70)

Chapter 17.40

REGIONAL COMMERCIAL DISTRICT

Sections:
    17.40.010 Purpose.
    17.40.020 Permitted uses.
    17.40.030 Uses permitted by special exception.
    17.40.040 Uses permitted by ordinance permit.
    17.40.050 Accessory uses.
    17.40.060 Development standards.

Section 17.40.010 Purpose.
    A. The purpose of the regional commercial district is to provide for the location of selected region-serving activities in areas which are exposed to and served by major highways carrying large volumes of regional traffic. Uses permitted are those that require large sites with locations that have an emphasis on visibility and access provided by regional highways.
    B. Clustering of limited commercial uses is encouraged through the provision of regional shopping centers. To assure that the impact of shopping centers and other large-scale commercial developments is not detrimental to existing commercial areas, a comprehensive development plan with special emphasis on a community impact statement is required.
    C. The following uses, standards and area regulations have been developed to preserve the open, uncluttered appearance of the major highways and interchanges around which these districts are located; to protect adjoining residential areas; and to evaluate the overall impact of proposed commercial development on existing commercial areas in the city. (Prior code § 150-71)

Section 17.40.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Cultivation of land;
    B. Convention center;
    C. Hotel or motor hotel;
    D. Medical center or clinic, five thousand (5,000) square feet or less;
    E. Offices, including but not limited to business, governmental, professional and financial offices;
    F. Planned business center, including restaurants, free-standing and fast-food, and banks, including drive-through, in accordance with Chapter 17.172;
    G. Restaurant, freestanding, not located in a shopping center, excluding fast-food, carry-out, drive-in and cafeteria;
    H. Restaurant located in or as a part of a shopping center, including fast-food, carry-out, drive-in and cafeteria;
    I. Retail department or general merchandise store with a minimum floor area of thirty thousand (30,000) square feet not located in a shopping center;
    J. Theater, excluding drive-in;
    K. School of special instruction, conducted entirely within a structure, in accordance with Chapter 17.220;
    L. Day-care center or nursery school in accordance with Chapter 17.220. (Ord. 1605 (part), 1995; prior code § 150-72)

Section 17.40.030 Uses permitted by special exception.
    Uses permitted by special exception are:
    A. Hospital, provided that a certificate of need has first been issued by the appropriate state agency;
    B. Regional shopping center in accordance with Chapter 17.212;
    C. Medical center or clinic over five thousand (5,000) square feet;
    D. Sports arena or stadium;
    E. Church and other place of worship on a minimum lot size of two acres, in accordance with Chapter 17.220, excluding bus storage and maintenance, a cemetery, school of general instruction and gymnasium as accessory uses;
    F. Convenience store/automotive center, as a part of a planned business center;
    G. Uses permitted by Section 17.36.020 of the general commercial district on parcels four acres or less in size existing at the time of enactment of the ordinance codified in this amendment. (Ord. 1752 § 2, 2000; Ord. 1605 (part), 1995; prior code § 150-73)

Section 17.40.040 Uses permitted by ordinance permit.
Uses permitted by ordinance permit shall be as follows:
A. Utility substation, in accordance with Chapter 17.220. (Prior code § 150-74)

Section 17.40.050 Accessory uses.
    Accessory uses shall be as follows:
    A. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    B. Day-care services for uses permitted inherently or by special exception. (Prior code § 150-75)

Section 17.40.060 Development standards.
    Development standards for the regional commercial district shall be as follows:
    A. Prior Approval Requirements.
    1. Prior to the development of any lot or parcel of land within this district, a comprehensive development plan, as defined in Section 17.04.120, shall be submitted to the planning commission for its review and approval in accordance with Chapter 17.180;
    2. As a part of its review and approval, the planning commission may require that a community impact statement for freestanding merchandising stores, convention centers, planned business centers and hotels be prepared by the applicant to demonstrate that premature development does not occur which will oversaturate the community with retail space; motel rooms or convention facilities.
    B. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: forty thousand (40,000) square feet;
    2. Interior lot width: two hundred (200) feet;
    3. Corner lot width: two hundred (200) feet.
    C. Minimum setback requirements shall be as follows:
    1. Front: one hundred (100) feet from the property line;
    2. Rear: thirty (30) feet from the property line, except forty (40) feet where adjoining a residential district;
    3. Side, interior (two): twenty-five (25) feet from the property line, except forty (40) feet where adjoining a residential district.
    D. The height limitation shall be fifty (50) feet.
    E. Parking. Parking, loading, and unloading areas shall be provided in accordance with Chapter 17.196.
    F. Access.
    1. Direct access onto a street or major highway shall be reduced or eliminated wherever the planning commission, upon recommendation of the city department of public works, determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion;
    2. Service drives and loading and unloading areas shall be located so that in the process of loading or unloading no truck will block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation.
    G. Lighting.
    1. Lighting shall be designed so as not to throw glare onto surrounding properties;
    2. Flashing lights are prohibited.
    H. Signs. Signs are permitted in accordance with the provisions of Chapter 17.216.
    I. Landscaping and Screening. In addition to the requirements of Chapter 17.220, the following shall be required:
    1. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.170;
    2. All landscaped or required parking areas shall be maintained in accordance with Section 17.220.080. (Prior code § 150-76)

Chapter 17.44

SELECT COMMERCIAL DISTRICT

Sections:
    17.44.010 Purpose.
    17.44.020 Permitted uses.
    17.44.030 Uses permitted by special exception.
    17.44.040 Uses permitted by ordinance permit.
    17.44.050 Accessory uses.
    17.44.060 Minimum development standards.

Section 17.44.010 Purpose.
    A. The purpose of the select commercial district is to provide locations for certain retail, office and service uses and related activities in areas which are served by existing or proposed major streets or highways. The district is designed to encourage the development of uses which require a well-designed environment on moderate-size lots with locations that emphasize visibility and access to a major highway.
    B. To maintain these areas for high-quality commercial development, intensive strip development is discouraged and specific design standards are required. Clustering of uses is permitted through the provision of planned business centers and neighborhood shopping centers.
    C. To assure that the impact of these commercial developments is not detrimental to existing areas and will not create an adverse impact on adjoining development, a comprehensive site plan is required to be approved by the planning commission prior to the issuance of a building permit.
    D. Special design features are included in the district in order to preserve the open, uncluttered appearance of the streets or highways and intersections around which these districts are located. By permitting only related uses and requiring specific standards, the district will encourage the development of a high-quality business environment.
    E. The following uses, standards and specific area regulations have been developed based upon these purposes. (Prior code § 150-70.1)

Section 17.44.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartment above the first floor in accordance with the provisions of Chapter 17.168, Section 17.168.030(C)(1), for commercial districts;
    B. Bakery not exceeding two thousand (2,000) gross square feet of building area;
    C. Business center on a minimum parcel of two acres, in accordance with the provisions of Chapter 17.172;
    D. Business use, including insurance, real estate and financial institutions, computer centers, schools and training centers of general information;
    E. Cultural use, such as museums, libraries, meeting rooms and art galleries;
    F. Day-care center as an independent use; or day-care services for employees or patrons of a permitted use as an accessory use;
    G. Government use, such as federal, state, county and city administrative offices, courts, post offices, fire stations and police stations;
    H. Medical facility or clinic for human care;
    I. Motel with not over fifty (50) rooms;
    J. Neighborhood shopping center with no more than thirty thousand (30,000) gross square feet of floor area, in accordance with the provisions of Chapter 17.212;
    K. Office building for administrative, business, financial, legal, medical or governmental use;
    L. Parking lot or structure;
    M. Professional use, including medical, legal, engineering, surveying and architectural offices;
    N. Restaurant, all types, on a minimum lot of one acre;
    O. Retail sales activities, including but not limited to department stores, variety stores, grocery stores, convenience stores, specialty shops, boutiques and florists;
    P. Service establishment, including laundry or laundromat, appliance repair, equipment or instrument repair or rental, dry-cleaning pickup station or plant not over two thousand (2,000) gross square feet of building area, hairdresser shop, pet-grooming shop, upholstery shop, funeral home, tailor and other uses of a similar nature;
    Q. Theater, excluding drive-in;
    R. Group domiciliary care facility. (Ord. 1786 § 7, 2000; Prior code § 150-70.2)

Section 17.44.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Community shopping center not exceeding three hundred thousand (300,000) gross square feet of floor area, in accordance with the provisions of Chapter 17.212;
    B. Convention center with or without hotel or motel rooms;
    C. Entertainment uses, including nightclubs, bars and dance halls, health clubs and indoor swimming pools;
    D. Gasoline or service stations;
    E. Hospital, provided that a certificate of need has first been issued by the appropriate state agency;
    F. Manufacturing and assembly of a finished product conducted entirely within a building, provided that retail sales of products made on-site are a part of such activity;
    G. Motel or hotel over fifty (50) rooms;
    H. Neighborhood shopping center over thirty thousand (30,000) gross square feet of floor area, in accordance with the provisions of Chapter 17.212;
    I. Sports arena or stadium. (Prior code § 150-70.3)

Section 17.44.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit by the city council are:
    A. Liquor stores and dispensaries (off-sale);
    B. Public or private utility buildings and uses, including utility substations in accordance with Chapter 17.220. (Prior code § 150-70.4)

Section 17.44.050 Accessory uses.
Accessory uses shall be only those uses and structures clearly incidental to, customary to and associated with and on the same lot as the permitted use. The outside storage of materials and open lot display of any kind shall not be permitted. (Prior code § 150-70.5)

Section 17.44.060 Minimum development standards.
    A. Prior approval requirements. Prior to the development of any lot or parcel of land within this district, a comprehensive site plan, as defined in Section 17.04.120, shall be submitted to the planning commission for its review and approval.
    B. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: fifteen thousand (15,000) square feet;
    2. Interior lot width: ninety (90) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    C. Minimum setback requirements shall be as follows:
    1. Front: thirty (30) feet from the property line;
    2. Rear: twenty (20) feet from the property line, except thirty (30) feet where adjoining a residential district;
    3. Side, interior (two):
    a. Fifteen (15) feet from each side property line, or
    b. Five feet from one property line and twenty-five (25) feet from the other property line,
    c. Except thirty (30) feet where adjoining a residential district.
    D. The height limitation shall be forty (40) feet.
    E. Parking. Parking, loading and unloading areas shall be provided in accordance with Chapter 17.196.
    F. Access.
    1. Direct access onto a street or major highway shall be reduced or eliminated wherever the planning commission, upon recommendation of the city department of public works, determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion;
    2. Service drives and loading and unloading areas shall be located so that in the process of loading or unloading no truck will block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation.
    G. Lighting.
    1. Lighting shall be designed so as not to glare onto surrounding properties;
    2. Lighting not attached to a building shall be no higher than twenty (20) feet, with high-pressure sodium cutoff fixtures;
    3. Flashing lights are prohibited.
    H. Signs. Signs shall be as permitted by the provisions of Chapter 17.216, Section 17.216.130, for a regional commercial district, except that no ground sign shall be larger than one hundred (100) square feet nor higher than twenty-five (25) feet.
    I. Landscaping and Screening. In addition to the requirements of Chapter 17.220, the following shall be required:
    1. The following land areas except for accessways shall be landscaped in accordance with the provisions of Section 17.220.080:
    a. Front: fifteen (15) feet in width abutting all property lines adjacent to a street,
    b. Side: five feet in width abutting all side property lines,
    c. Rear: ten feet in width abutting all rear property lines,
    d. Adjacent to residential districts: a screening area of ten feet in width;
    2. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.0170;
    3. All landscaped or required parking areas shall be maintained in accordance with Section 17.220.080;
    J. Storage. All storage, whether a part of a permitted use or a use allowed by special exception or allowed as an accessory use, shall be enclosed within a building. (Prior code § 150-70.6)

Chapter 17.48

CONSERVATION DISTRICT

Sections:
    17.48.010 Purpose.
    17.48.020 Permitted uses.
    17.48.030 Uses permitted by special exception.
    17.48.040 Accessory uses.
    17.48.050 Development standards.

Section 17.48.010 Purpose.
A. The purpose of the conservation district is to retain certain open space for its natural beauty and recreation value and to preserve and protect areas of natural resources, including woodlands, wildlife, habitat, scenic areas, wetlands, floodplains and water supply sources.
B. The district is intended for areas generally unsuitable for intensive development or where development would have a significant adverse effect on the natural environment and on public and private lands which have been set aside for conservation, open space and recreation. The following use and area regulations have been developed based upon this purpose. (Prior code § 150-125)

Section 17.48.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Beaches, public;
    B. Boat landings, docks and boathouses owned or managed by public agencies or as an accessory use to a permitted use;
    C. Cultivation of land;
    D. Cultural uses limited to museums, libraries, art galleries, symphony halls and theaters, excluding movie theaters, on a minimum site of three acres;
    E. Swimming pools;
    F. Wildlife refuge, nature preserve;
    G. Zoo, public. (Prior code § 150-126)

Section 17.48.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Boat landings, docks and boathouses privately owned;
    B. Concession stand, private;
    C. Golf courses;
    D. Shooting ranges. (Prior code § 150-127)

Section 17.48.040 Accessory uses.
    Accessory uses shall be as follows:
    A. Concession stand at a public or nonprofit community swimming pool, playground or park operated solely for the convenience of patrons of the facility;
    B. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-128)

Section 17.48.050 Development standards.
    The following development standards shall not apply to lands maintained or preserved in their natural state which are controlled by a federal, state or local government agency or trust and which are not used or intended for use by the general public or which have limited public use controlled by the governing agency or trust.
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: forty thousand (40,000) square feet;
    2. Interior lot width: two hundred (200) feet;
    3. Corner lot width: two hundred (200) feet.
    B. Minimum yard requirements shall be as follows:
    1. Front: seventy-five (75) feet;
    2. Rear: fifty (50) feet;
    3. Side: fifteen (15) feet; two required;
    4. Side, corner: twenty (20) feet.
    C. The height limitation shall be forty (40) feet.
    D. Parking, loading and unloading shall be provided in accordance with Chapter 17.196.
    E. Signs. Signs shall be in accordance with Chapter 17.216.
    F. Landscaping or Screening.
    1. Either landscaping or screening shall be provided in accordance with Chapter 17.220;
    2. In addition to the requirements of Chapter 17.220, all areas not devoted to buildings or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080.
    G. Watercourse Setbacks and Development Standards.
    1. No building, structure, parking lot or loading and unloading area shall be located closer than twenty-five (25) feet to the edge of any on-site watercourse or any watercourse abutting any property line.
    2. No clearing or cutting of any trees or existing natural growth shall occur within twenty-five (25) feet of the edge of any watercourse until a landscaping plan has been approved by the planning commission. (Prior code § 150-129)

Chapter 17.52

HISTORIC DISTRICTS--GENERAL PROVISIONS

Sections:

Article I Legislative Intent and General Provisions

    17.52.010 Intent.
    17.52.020 Definitions.
    17.52.030 Establishment of boundaries.

Article II Historic District Commission

    17.52.040 Appointment.
    17.52.050 Membership
    17.52.060 Organization.
    17.52.070 Meetings.
    17.52.080 Powers and procedures.
    17.52.090 Special powers.
    17.52.100 Approval or rejection of application.
    17.52.110 Appeals.

Article I Legislative Intent and General Provisions

Section 17.52.010 Intent.
    A. The intent in establishing historic districts is to safeguard and promote the history and heritage of Salisbury by preserving areas, structures and sites of cultural, social, economic, political, architectural and historical significance; to strengthen and improve the local economy by stabilizing and improving property values in these areas; to foster civic beauty; and to promote the use and preservation of these areas for the education, welfare and pleasure of the public. These areas contain numerous structures and sites representing a variety of historic and architectural periods which, once lost, cannot be replaced.
    B. The regulations within these districts are established:
    1. To protect against destruction of or encroachment upon these areas and the structures and premises therein;
    2. To encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural, social, economic, political and archeological heritage of the city;
    3. To prevent creation of environmental influences adverse to such purposes;
    4. To assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced.
    C. The following general regulations and historic districts are based upon this intent, which is consistent with the historic preservation goals and recommendations contained in the city's adopted metro core comprehensive plan. (Prior code § 150-106)

Section 17.52.020 Definitions.
    As used in this chapter, the following terms shall have the meanings indicated:
    "Historic district" means an area in the city which is deemed to be of historic or architectural value, the boundaries of which shall be established in accordance with Section 17.52.030.
    "Structure" means a combination of material to form a construction that is stable, including, among other things, buildings, stadiums, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, paving, bulkheads, wharves, sheds, coal bins, shelters, fences and display signs, and shall be interpreted to include natural land formations. The term structure shall be construed as if followed by the words "or part thereof." (Prior code § 150-107)

Section 17.52.030 Establishment of boundaries.
Boundaries for historic districts shall be established by the city council in accordance with the procedure for establishment of zones set forth in Chapter 17.228. Such boundaries shall be shown on the official zoning map overlaying the existing zoning. These boundaries may be changed from time to time by the city council, and it shall not be necessary to show a mistake in the original boundaries or a change in the neighborhood. (Prior code § 150-108)

Article II Historic District Commission

Section 17.52.040 Appointment.
The historic district commission shall be appointed by the mayor and council of the city of Salisbury. Members shall be appointed for terms of three years, except that, in making initial appointments, some appointments shall be established for less than three years in order that all appointments shall not expire at the same time. Members shall be eligible for reappointment. In the event of a vacancy on the commission, the mayor and council shall make an interim appointment for the remainder of the unexpired term. (Prior code § 150-109)

Section 17.52.050 Membership.
The historic district commission shall have a membership of seven persons, all of whom are residents of the city of Salisbury, all of whom are qualified by special interest, knowledge or training in such fields as history, architecture, preservation or urban design and who have knowledge of and have demonstrated an interest in the preservation of historic and architectural areas of the city. (Prior code § 150-110)

Section 17.52.060 Organization.
    A. The commission shall organize annually and from its membership select a chairman.
    B. The commission shall adopt rules of procedure necessary in discharging its duties.
    C. The director of the department of building, housing and zoning shall act as secretary to the commission.
    D. Rules and Regulations.
    1. The commission shall promulgate rules and regulations relating to its functions and responsibilities hereunder, provided that:
    a. Such rules and regulations are presented and approved by the mayor and city council and made available for public comment prior to adoption; and
    b. They are consistent with the general regulations for historic districts.
    2. Such rules and regulations shall have among their primary purposes:
    a. Provision for appropriate public notice to interested local groups or neighbors of various classes of applications;
    b. Assurance that the commission can act in an advisory and informal fashion in advance of requests for permits in order to encourage improvements, demolition and reconstruction in ways that will enhance the historic district;
    c. To assure that bureaucratic requirements are minimized;
    d. To classify the various structures and features thereof within the historic district so that the requirements of Section 17.52.080(E) can be more readily applied and informal prompt approval procedures initiated for those referred to in Section 17.52.080(E)(2).
    E. The council of the city of Salisbury may, from time to time, appoint professional advisors to the commission. (Prior code § 150-111)

Section 17.52.070 Meetings.
    A. All meetings of the commission shall be open to the public. Any person, or his duly constituted representative, shall be entitled to appear and be heard on any matter before the commission reaches a decision.
    B. The commission shall keep a record of its proceedings and actions, which shall be on file for public view in the office of the secretary.
    C. Notice of the commission's meetings shall be given in accordance with provisions for public notice established in the historic district's rules and regulations.
    D. Three members for a five-member commission and four members for a seven-member commission shall constitute a quorum for all business not requiring a larger number of votes. (Prior code § 150-112)

Section 17.52.080 Powers and procedures.
    A. It shall be the duty of an historic district commission to review any application to construct, alter, reconstruct, move or demolish any structure within an historic district if any such changes would affect its exterior appearance and to approve or reject such application.
    B. Any person, individual, firm or corporation proposing to construct, alter, reconstruct, move, demolish or repair any structure within an historic district, if such changes would affect its exterior appearance, shall file an application for the same with the historic district commission at the office of the bureau of inspections of the city of Salisbury, who shall forward the application, together with all maps, plans and all other data to the historic district commission. Each application shall include all necessary data required by the rules of the historic district commission and shall be advertised in such manner as provided for in the rules of the commission.
    C. In reviewing an application and plans, an historic district commission shall give consideration to:
    1. The historic or architectural value or significance of the structure and its relation to the historic value of the surrounding area;
    2. The relationship of the exterior architectural features of such structure to the rest of the structure and to the surrounding area;
    3. The general compatibility of exterior design, arrangement, texture and materials proposed;
    4. Special features in historic areas, such as their architectural integrity and spatial relationships among buildings. Spatial relationships include courtyards, street patterns, the scale of buildings and open space;
    5. Any other factors, including aesthetic factors, which the commission deems to be pertinent.
    D. An historic district commission shall pass only on exterior features of a structure and shall not consider interior arrangement, nor shall it disapprove applications except with regard to the considerations set forth above.
    E. Intent.
    1. It is the intent of these regulations that the commissions be strict in their judgment of plans for structures deemed to be valuable according to studies performed for districts of historic or architectural value.
    2. It is not the intent of these regulations to limit new construction, alteration or repair to any one period of architectural style or to the same style as the structure being changed or that of its neighbors. It is also the intent of these regulations that an historic district commission shall be lenient in its judgment of plans for new construction except where such plans would seriously impair the historic or architectural value of surrounding structures. If the proposed new construction materially impairs the historic value of neighboring buildings, the commission can reject the proposal.
    3. It is recognized that there are a number of structures within historic districts that are neither architecturally nor historically significant or valuable and that most changes to such structures, including in many cases demolition thereof, would not be detrimental to an historic district but indeed would represent improvement thereof which, itself, is a principal purpose of these regulations. To this end the city council directs that all applications relating to such structures shall be processed expediously and without any needless delays.
    F. Special Consideration.
    1. In the case of an application for alterations affecting the exterior appearance of a structure which a commission deems of unusual importance to the city or unusual importance to the entire state or nation, the commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure.
    2. Unless a commission is satisfied that proposed construction, alteration, reconstruction, moving or demolition will not materially impair the historic value of a structure, the commission shall reject the application and shall file with the department of building, housing and zoning a copy of the rejection of such application.
    3. No new application for the same or similar work shall be filed within one year after such rejection, except in the event of a change in such structure arising from casualty.
    4. If an application is submitted for construction, reconstruction, alteration or for moving or demolition of a structure that a commission deems of unusual importance and no economically feasible plan can be formulated, the commission shall have ninety (90) days from the time it concludes that no economically feasible plan can be formulated to negotiate with the owner and other parties in an effort to find a means of preserving the building.
    G. In any case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood or area within which it exists, a commission may file with the department of building, housing and zoning of the city of Salisbury its approval of such application to demolish or alter such structure if any of the circumstances under which approval might have been given under the preceding sections are in existence and shall file approval if:
    1. Such structure is a deterrent to a major improvement program which will be of substantial benefit to the city;
    2. Retention of such structure would cause undue financial hardship to the owner; or
    3. Retention of such structure would not be in the best interest of the majority of the community. (Prior code § 150-113)

Section 17.52.090 Special powers.
    A. The city of Salisbury shall have the right to accept and use gifts for exercise of a commission's functions, provided that such gifts shall be turned over to the city treasurer and be subject to the charter and laws of the city of Salisbury.
    B. The commissions may designate the Maryland Historical Trust to make an analysis of and recommendation concerning the preservation of structures of historic or architectural value within the city. Such report may include proposed boundaries of districts as well as identify and designate particular structures recommended to be preserved.
    C. The commissions shall have the right to petition the Salisbury-Wicomico County Planning and Zoning Commission for the designation of appropriate areas as historic districts.
    D. The city of Salisbury may purchase architectural easements in connection with structures located in or adjacent to an historic district. Such easements shall grant to a commission, the residents of the historic district and the general public the perpetual right to have the exterior appearance of any structure upon which it is applied retained in substantially the same character as when the easement took effect. (Prior code § 150-114)

Section 17.52.100 Approval or rejection of application.
    A. The commissions shall file with the department of building, housing and zoning their certificate of approval or rejection of all applications submitted to them for review. The commission shall set forth, in writing, its reason for approval or rejection of an application.
    B. No work shall begin until such certificate shall have been filed.
    C. In the case of rejection, such certificate shall be binding on the director of the department of buildings, housing and zoning, and no permit shall be issued.
    D. Failure of the commission to act within forty-five (45) days from the date an application is filed shall constitute approval unless an extension is agreed upon mutually by the applicant and the commission. (Prior code § 150-115)

Section 17.52.110 Appeals.
Any person or persons, jointly or severally, or firm or corporation or any person who is a resident and/or property owner of a district, aggrieved by a decision of the historic district commission shall have the right of appeal of that decision to the circuit court of Wicomico County. (Prior code § 150-116)

Chapter 17.56

CAMDEN HISTORIC DISTRICT

Sections:
    17.56.010 Purpose.
    17.56.020 Historic district commission.
    17.56.030 Certificate of approval.
    17.56.040 Use and development standards.

Section 17.56.010 Purpose.
The city council has determined that the Camden area is of architectural and historical significance and contains structures of great historical value to the community, such as the Humphrey House, Red Gables and the house known as "Cricket Box." The district is established to protect against the destruction of these and other historic structures and sites within the area; to encourage uses which will lead to the continuance, preservation and improvement of the area; to prevent creation of environmental influences adverse to such purposes; and to assure that new structures and uses within the district will be in keeping with the character of this area, which has been determined to be worthy of preservation and enhancement. (Prior code § 150-120.1)

Section 17.56.020 Historic district commission.
A. The historic district commission established in accordance with Sections 17.52.040 and 17.52.050 shall serve as the commission for the Camden Historic District.
B. Any neighborhood association within the Camden Historic District or any other interested organization may submit to the city council names of persons for consideration as members of the historic district commission. (Prior code § 150-120.2)

Section 17.56.030 Certificate of approval.
A. Prior to the construction, demolition, alteration or moving of any structure which may affect its exterior appearance, a certificate of approval issued in accordance with Section 17.52.080 shall be obtained from the historic district commission.
B. No approval shall be required for routine maintenance or repair of any structure, including roof coverings and color of paint. (Prior code § 150-120.3)

Section 17.56.040 Use and development standards.
All uses and standards for development shall be the same as set forth for the underlying zoning district or districts. (Prior code § 150-120.4)

Chapter 17.60

DOWNTOWN HISTORIC DISTRICT

Sections:
    17.60.010 Purpose.
    17.60.020 Downtown historic district commission.
    17.60.030 Certificate of approval.
    17.60.040 Uses and development standards.

Section 17.60.010 Purpose.
At the request of the city of Salisbury and other interested parties, the Regional Urban Design Assistance Team (R/UDAT) of the American Institute of Architects completed a study of the downtown area in May, 1980. Its report recommended a strong traditional Main Street image, the reestablishment of the downtown area as the historical center, the restoration and rehabilitation of older or architecturally significant buildings and the encouragement of construction of new structures of architectural quality or merit compatible with their neighbors but not necessarily of the same style. The downtown historic district is established in keeping with this recommendation and to stabilize and improve property values in the downtown area, to strengthen the local economy, to foster civic pride, to protect against the destruction and deterioration of the downtown and to lead to its continuance of preservation.* (Prior code § 150-121)

* Editor's Note: The downtown historic district map is included at the end of this chapter.

Section 17.60.020 Downtown historic district commission.
    A. The historic district commission established in accordance with the provisions of Sections 17.52.040 and 17.52.050 shall serve as the commission for the downtown historic district.
    B. The downtown merchants association or any other interested organization may submit to the city council names of persons for consideration as members of the historic district commission.
    C. In addition to the requirements of Section 17.52.080(C), when reviewing applications and plans, the commission shall consider the "traditional main street" concept enunciated in the R/UDAT report, dated May, 1980, and the desirability of new buildings and diversity in architecture.
    D. The local members of the Chesapeake Bay Chapter of the Maryland Society of Architects are authorized to serve as professional advisors to the downtown historic district commission.
    E. The city council is aware that the tasteless use of commercial paint colors under the guise of ordinary maintenance may have a very detrimental effect on buildings in the district and, in fact, do violence to the very intent of the district. Therefore, the commission shall adopt a color chart with a large selection of suitable exterior colors and, in adopting this color chart, employ and consolidate charts from various paint stores, dealers and companies, which shall be kept available in the office of the building inspector for consideration by property owners. The commission shall informally consult with property owners upon request as to possible colors and combinations thereof prior to actual filing of an application by a property owner in order to minimize delay in approval. (Prior code § 150-122)

Section 17.60.030 Certificate of approval.
A. Prior to the construction, demolition, alteration, moving or painting of any structure which may affect its exterior appearance, a certificate of approval issued in accordance with Section 17.52.080 shall be obtained from the downtown historic district commission.
B. No approval shall be required for routine maintenance or repair of any structure, including replacement of roof coverings, but excluding color of paint. (Prior code § 150-123)

Section 17.60.040 Uses and development standards.
All uses and standards for development shall be the same as set forth for underlying zoning district or districts. (Prior code § 150-124)

Downtown Historic District Boundaries Map

Chapter 17.64

NEWTOWN HISTORIC DISTRICT

Sections:
    17.64.010 Purpose.
    17.64.020 Newtown historic district commission.
    17.64.030 Certificate of approval.
    17.64.040 Uses and development standards.

Section 17.64.010 Purpose.
The city council has determined that the Newtown area has architectural and historical significance and contains many structures of great historical value to the community, such as Poplar Hill Mansion, the Dr. Lawry House and the Gillis Grier House. The district is established to protect against the destruction of these and many other historic structures and sites within the area; to encourage uses which will lead to the continuance, preservation and improvement of the area; to prevent creation of environmental influences adverse to such purposes; and to assure that new structures and uses within the district will be in keeping with the character of this area, which has been determined to be worthy of preservation and enhancement.* (Prior code § 150-117)

* Editor's Note: The Newtown historic district map is included at the end of this chapter.

Section 17.64.020 Newtown historic district commission.
A. The historic district commission established in accordance with Sections 17.52.040 and 17.52.050 shall serve as the commission for the Newtown historic district.
B. Any neighborhood association within the Newtown historic district or any other interested organization may submit to the city council names of persons for consideration as members of the historic district commission. (Prior code § 150-118)

Section 17.64.030 Certificate of approval.
A. Prior to the construction, demolition, alteration or moving of any structure which may affect its exterior appearance, a certificate of approval issued in accordance with Section 17.52.080 shall be obtained from the Newtown historic district commission.
B. No approval shall be required for routine maintenance or repair of any structure, including roof coverings and color of paint. (Prior code § 150-119)

Section 17.64.040 Uses and development standards.
All uses and standards for development shall be the same as set forth for the underlying zoning district or districts. (Prior code § 150-120)

Newtown Historic District Boundaries Map

Chapter 17.68

HOSPITAL DISTRICT

Sections:
    17.68.010 Purpose.
    17.68.020 Permitted uses.
    17.68.030 Accessory uses and structures.
    17.68.040 Development standards.

Section 17.68.010 Purpose.
The purpose of the hospital district is to recognize the area between Route 13, Carroll Street and Waverly Drive which has developed from a small local hospital into a regional hospital and medical center, serving the entire lower eastern shore, and to recognize that as the population of this region increases, the need for expansion will continue. The most logical and efficient way to expand is in all that area adjoining the hospital southward between Waverly Drive, Newton Street and Route 13 which is, for the most part, residentially developed. To allow for gradual transition from residential to hospital use, the uses permitted in this district include residential as well as offices, hospital, medical and other related uses so residents of the area may enjoy the use and value of their property while the gradual transition is occurring. The following uses, standards and area requirements have been developed based upon this purpose, which is in accord with the findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-102)

Section 17.68.020 Permitted uses.
    Uses permitted shall be as follows:
    A. Apartment building or project in accordance with Chapter 17.168;
    B. Boardinghouse/rooming house;
    C. Drugstore or pharmacy;
    D. Dwellings:
    1. Single-family,
    2. Two-family, in accordance with Chapter 17.108;
    E. Family day-care home;
    F. Florist;
    G. Hairdresser shop;
    H. Hospital with a maximum height of seventy-five (75) feet;
    I. Medical-care facility;
    J. Medical center;
    K. Medical office;
    L. Nursing or physician school;
    M. Parking lot or parking structure;
    N. Restaurant;
    O. Specialty shop
    P. Group domiciliary care facility. (Ord. 1786 § 8, 2000; Prior code § 150-103)

Section 17.68.030 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Helicopter landing facilities for hospital use;
    B. Other accessory uses and structures clearly incidental, customary to and associated with the permitted use;
    C. Day-care services for employees or patrons of a permitted use. (Prior code § 150-104)

Section 17.68.040 Development standards.
    Development standards for the hospital district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: ten thousand (10,000) square feet;
    2. Interior lot width: one hundred (100) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    B. Minimum Yard Requirements. Minimum yards shall be as follows, with the exception of those listed in subsection (B)(5) of this section:
    1. Front: five feet;
    2. Rear: ten feet;
    3. Side: ten feet; two required;
    4. Side, corner: twenty-five (25) feet;
    5. Along the following streets or highways, special yards shall be required, as follows:
    a. Route 13: forty (40) feet,
    b. Carroll Street: fifty (50) feet,
    c. Waverly Drive: twenty-five (25) feet.
    C. The height limitation shall be forty (40) feet.
    D. Parking, Loading and Unloading. See Chapter 17.196.
    E. Access. Direct access onto a street or highway shall be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site, resulting in better traffic flow and less traffic congestion.
    F. Outside storage is prohibited.
    G. Lighting. Lighting shall be designed so as not to throw glare onto surrounding properties. Flashing lights are prohibited.
    H. Signs. See Chapter 17.216.
    I. Landscaping and Screening. See Chapter 17.220. In addition to the requirements of Chapter 17.220, all areas devoted to buildings or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080. (Prior code § 150-105)

Chapter 17.72

INDUSTRIAL DISTRICT

Sections:
    17.72.010 Purpose.
    17.72.020 Permitted uses.
    17.72.030 Uses permitted by special exception.
    17.72.040 Uses permitted by ordinance permit.
    17.72.050 Accessory uses.
    17.72.060 Development standards.

Section 17.72.010 Purpose.
The purpose of the industrial district is to recognize those areas of industrial development which have developed historically along the rivers and portions of rail lines in or close to the central part of the city and to provide additional areas along the river and rail lines for location of industries dependent, to a great extent, upon these facilities for transport of materials used in their operation. These uses also require large sites and good access to major highways. To protect surrounding areas and assure compatibility of development within the district, those uses which may create excessive external noise, vibration, smoke, dust, lint, odor, heat, glare or which use explosive, toxic or otherwise hazardous materials are permitted only by special exception upon approval of the board of zoning appeals. The following uses, standards and area regulations have been developed in accordance with this purpose, which is in accord with findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-82)

Section 17.72.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Auto body repair;
    B. Building supply and lumber yard;
    C. Contractor's construction equipment, supplies, plant or storage yard;
    D. Dry-cleaning plant;
    E. Foundry and forge shop;
    F. Ice manufacture, sales and distribution;
    G. Machine and welding shop;
    H. Marina and marine supplies;
    I. Outdoor advertising structure, in accordance with Chapter 17.216;
    J. Planing, sawmill and chipping mill;
    K. Public or private utility buildings and uses;
    L. Recycling plant and collection center;
    M. Shipyard or boat building;
    N. Stone aggregate storage and distribution;
    O. Stone monument cutting and polishing;
    P. Structural steel fabrication;
    Q. Truck terminal;
    R. Vehicle manufacture and assembly;
    S. Warehousing;
    T. Wharves, piers and landing facilities for waterborne traffic and commerce;
    U. Any industrial or manufacturing use permitted in the light industrial district requiring outdoor storage of raw materials, in-process materials, supplies or waste material from manufacturing.
    V. Offices and office buildings. (Ord. 1854, 2002; prior code § 150-83)

Section 17.72.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Food processing and storage, frozen and nonfrozen;
    B. Junkyard;
    C. Poultry processing plant;
    D. Slaughterhouse;
    E. Stone crusher;
    F. Wrecked vehicle storage;
    G. Day-care center or nursery school in accordance with Chapter 17.220;
    H. Group home. (Ord. 1786 § 9, 2000; Prior code § 150-84)

Section 17.72.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Animal shelter;
    B. Asphalt plant;
    C. Communication tower, in accordance with Chapter 17.220;
    D. Concrete batching plant;
    E. Concrete products, brick, tile and terra-cotta manufacturing, sales and distribution;
    F. Grain and feed milling, storage and distribution;
    G. Industrial auction;
    H. Manufacture and storage of fertilizer, paint, oil, varnish, lacquer, shellac, turpentine or plastics;
    I. Petroleum and gas products, storage and distribution;
    J. Vehicle dismantling, salvaging and wrecking yard, including dismantling and salvaging of parts.
    K. Church;
    L. Training center. (Ord. 1850, 2002; prior code § 150-85)

Section 17.72.050 Accessory uses.
    Accessory uses shall be as follows:
    A. Living quarters for resident watchmen and caretakers employed on the premises;
    B. Gasoline pumps for servicing vehicles owned or used in the conduct of a business;
    C. On-site offices serving the principal use;
    D. Cafeteria or other eating facilities, lecture halls, recreation facilities and day-care services, for employees or students;
    E. Communication towers for broadcasting and receiving, not exceeding seventy-five (75) feet in height;
    F. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted uses. (Prior code § 150-86)

Section 17.72.060 Development standards.
    Development standards for the industrial district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: twenty thousand (20,000) square feet;
    2. Interior lot width: one hundred (100) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    B. Minimum yard requirements shall be as follows:
    1. Front: fifty (50) feet;
    2. Rear: thirty (30) feet; fifty (50) feet where adjoining a residential district;
    3. Side: twenty-five (25) feet; fifty (50) feet where adjoining a residential district;
    4. Wicomico River: no yard required from the property line adjoining the river;
    5. Corner, side: same as front yard.
    C. The height limitation shall be ninety (90) feet.
    D. Parking, Loading and Unloading. See Chapter 17.196.
    E. Access. Direct access onto a public street may be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion. Service drives and loading and unloading areas shall be located so that in the process of loading or unloading no truck will block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation.
    F. Lighting. Lighting shall be designed so as not to throw glare onto surrounding properties.
    G. Signs. See Chapter 17.216.
    H. Landscaping. In addition to the requirements of Chapter 17.220, the following shall apply:
    1. Prior to development of a tract, lot, parcel or any part of the district, a landscaping and screening plan shall be submitted to the planning commission for review and approval for the purpose of minimizing adverse effects of noise, dust and unsightly appearance of outside storage and work areas on adjoining properties and surrounding development.
    2. The landscaping plan shall show the following:
    a. Landscaping, as defined in Section 17.04.120, of all areas not devoted to buildings, required parking, outside storage and work areas;
    b. Screening in the form of trees, fencing or evergreens, a minimum of six feet in height at time of planting, or any combination thereof, along side and rear property lines, except where the property line adjoins the Wicomico River;
    c. Where the property line adjoins the Wicomico River, trees or evergreens, at least six feet in height at the time of planting, shall be shown in areas not utilized for loading or unloading. Where such property lies across the river from existing residential development or an area planned for residential development, the commission may require additional screening in all areas adjoining the Wicomico River which are not used for loading and unloading to maximize shielding of unsightly industrial development from residential view of the river. (Prior code § 150-87)

Chapter 17.76

LIGHT INDUSTRIAL DISTRICT

Sections:
    17.76.010 Purpose.
    17.76.020 Permitted uses.
    17.76.025 Uses permitted by special exception.
    17.76.030 Uses permitted by ordinance permit.
    17.76.040 Accessory uses.
    17.76.050 Development standards.

Section 17.76.010 Purpose.
The purpose of the light industrial district is to foster the continuance of existing manufacturing and other light industrial uses and to encourage the location of new industries within the city to continually improve the economic base of the community. These uses require large sites served by highways, rail lines and utilities near enough to residential areas to provide employment with minimum travel time. To make these areas attractive to industries compatible with one another, maintain property values and protect residential areas adjoining or close by, uses are limited to those which do not create adverse external noise, vibration, smoke, dust, lint, odor, heat or glare. Uses which are explosive, toxic or otherwise hazardous may be permitted by ordinance permit. In accordance with this purpose, which is in accord with findings and recommendations of the adopted land use element of the metro core comprehensive plan, the following uses, standards and area regulations have been established. (Ord. 1839 (part), 2002; prior code § 150-77)

Section 17.76.020 Permitted uses.
    A. Permitted uses shall be as follows:
    1. Garage for the repair, storage and maintenance of motor vehicles;
    2. Beverage blending or bottling, manufacture of bakery products, candy, dairy products and ice cream; but not distilling of beverages or processing of or bulk storage of grain or feed for animals or poultry;
    3. Carbon paper and inked ribbon manufacture;
    4. Compounding of cosmetics, toiletries, drugs and pharmaceutical products;
    5. Construction contractor's establishment;
    6. Data processing and computer center;
    7. Greenhouse, wholesale;
    8. Ice manufacture, sales and distribution;
    9. Industrial vocational training school;
    10. Laboratory for research, experimenting and testing, but not for testing explosives or other hazardous materials;
    11. Laundry and linen service;
    12. Leather goods manufacture, but not including tanning operations;
    13. Manufacture, assembly and repair of boxes, furniture, cabinets, baskets and other wood products of similar nature;
    14. Manufacture and assembly of bolts, nuts, screws, rivets, ornamental iron products, firearms, electrical appliances, tools, pumps, dies, machinery, hardware, wire and sheet-metal products;
    15. Manufacture and assembly of heating, ventilating, cooking and refrigeration supplies and appliances;
    16. Manufacture and assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus;
    17. Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing, yarn, thread, cordage and fabrics, and printing and finishing of textiles and fibers into fabric goods;
    18. Manufacture and assembly of products from plastic;
    19. Manufacture and assembly of shipping containers (corrugated board, fiber- and wire-bound);
    20. Offices and office building;
    21. Photographic processing and blueprinting establishment;
    22. Plating, electrolytic process;
    23. Plumbing supplies, manufacture;
    24. Printing, bookbinding and publishing establishment;
    25. Radio and television broadcasting station and studio;
    26. Wholesale merchandising and warehousing;
    27. Fabrication and assembly of burial vaults, home steps, parking bumpers, walkway and patio blocks and other similar items from concrete, excluding the fabrication and assembly of blocks, bricks, culverts, cylinder pipe, columns, pilings, silos, storage tanks, prestressed panels, pods, modules or similar building materials from concrete, with no manufacture of concrete on the premises (must be delivered to the site);
    28. Animal hospital.
    29. Planned business center, in accordance with Chapter 17.172.
    30. Indoor recreational facilities.
    31. Schools of special instruction.
    B. Uses permitted by special exception shall be as follows:
    1. Restaurant;
    2. Gasoline service facilities with convenience goods clearly incidental to the gas facility;
    3. Day-care center or nursery school in accordance with Chapter 17.220.
    4. Day care facilities for the elderly and handicapped. (Ord. 1901 (part), 2004; Ord. 1842 (part), 2002; Ord. 1690 § 3, 1998; Ord. 1566, 1993; prior code § 150-78)

Section 17.76.025 Uses permitted by special exception.
Uses permitted by special exception shall be as follows:
A. Group home. (Ord. 1786 § 10, 2000)

Section 17.76.030 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Communication tower, in accordance with Chapter 17.220;
    B. Public or private utility building and uses, in accordance with Chapter 17.220;
    C. Petroleum and propance storage and districtuion on a minimum site of three acres. (Ord. 1839 (part), 2002; prior code § 150-79)

Section 17.76.040 Accessory uses.
    Accessory uses shall be as follows:
    A. Living quarters for resident watchmen and caretakers employed on the premises;
    B. Cafeteria or other eating facilities, lecture halls, recreation facilities and day-care services for employees or students;
    C. Communication towers for broadcasting and receiving, not exceeding seventy-five (75) feet in height;
    D. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    E. Retail sales as an accessory use, for products produced or distributed by uses permitted inherently or by special exception, provided that additional parking is provided for the amount of space devoted to retail sales as required by Section 17.196.030. (Prior code § 150-80)

Section 17.76.050 Development standards.
    Development standards for the light industrial district shall be as follows:
    A. All uses shall be conducted within a completely enclosed building. Raw materials, in-process materials, supplies or waste material from manufacturing may be stored outside in open sheds if completely screened from view by landscaping or fencing in accordance with Chapter 17.220. Finished or semifinished products manufactured or assembled on the premises may be stored outside in the side or rear yard if completely screened from view by landscaping or fencing in accordance with Chapter 17.220.
    B. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: twenty thousand (20,000) square feet;
    2. Interior lot width: one hundred (100) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    C. Minimum yard requirements shall be as follows:
    1. Front: fifty (50) feet;
    2. Rear: thirty (30) feet; fifty (50) feet where adjoining a residential district;
    3. Side: twenty-five (25) feet; fifty (50) feet where adjoining a residential district;
    4. Corner, side: same as front yard.
    D. Parking. Parking, loading and unloading areas shall be provided in accordance with Chapter 17.196.
    E. The height limitation shall be fifty (50) feet.
    F. Access. Direct access onto a public street may be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site, resulting in better traffic flow and less traffic congestion. Service drives and loading or unloading areas shall be located so that in the process of loading or unloading no truck will block the passage of other vehicles on the service drive or extend into any public street or private drive used for traffic circulation.
    G. Signs shall be in accordance with Chapter 17.216.
    H. Landscaping and Screening. In addition to the requirements of Chapter 17.220, all areas not devoted to buildings and required parking shall be landscaped and maintained in accordance with Section 17.220.080. (Prior code § 150-81)

Chapter 17.80

INDUSTRIAL PARK DISTRICT

Sections:
    17.80.010 Purpose.
    17.80.020 Development plan required.
    17.80.030 Establishment of boundaries.
    17.80.040 General standards and requirements.
    17.80.050 Minimum size.
    17.80.060 Permitted uses.
    17.80.070 Individual site plan review.
    17.80.080 Minimum lot area and lot width.
    17.80.090 Signs.
    17.80.100 Parking and loading.

Section 17.80.010 Purpose.
    A. The purpose of the industrial park district is to provide for the development of lands that have convenient access to transportation facilities such as rail, highways, air and shipping, existing or planned availability of utilities such as water, power and waste disposal systems; reasonable proximity to labor supply, raw material source and markets; and adequate room for expansion, with exclusive modern industrial facilities under a unified site development plan.
    B. Industrial park districts shall provide attractive and well-designed sites, streets and access and areas which are separated and protected form incompatible uses by berms, fencing, landscaping and setbacks.
    C. The following regulations have been developed based upon these purposes which are in accord with the findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-166)

Section 17.80.020 Development plan required.
A development plan reviewed and approved in accordance with Chapter 17.108, shall be required for all industrial park districts. (Prior code § 150-167)

Section 17.80.030 Establishment of boundaries.
Boundaries for an industrial park district shall be approved by the city council and shown on the official zoning map after approval of the preliminary development plan. (Prior code § 150-168)

Section 17.80.040 General standards and requirements.
    In preparing the overall plan for development of the industrial park, the developer shall take into consideration the following, which shall be taken into consideration by the approving agencies:
    A. The layout of the site should be that overall systems for sewer, water and drainage may be provided to adequately serve the proposed industrial uses.
    B. Natural Growth and Screening.
    1. Natural growth should be maintained in such a manner as to screen residential areas adjacent to or development near the boundaries of the park.
    2. Existing foliage should be used for the screening of open storage yards and unsightly areas within the industrial park.
    3. Other methods of screening should also be used as recommended for screening in Chapter 17.220 where there is no natural growth or to supplement existing natural growth to provide adequate screening.
    4. Perimeter screening areas shall be shown on the overall development plan.
    C. Provisions should be made for docking facilities if adjacent to navigable waters and for the extension of rails to those facilities and sites within the park where possible.
    D. The layout of the site should provide a maximum flexibility for sites of various sizes, shapes and locations for industries that may desire to locate there.
    E. The layout should lend itself to an orderly series of stages of development to ensure that access and utilities can be provided to each site at a minimum of expense and effort.
    F. All setbacks and side and rear yard and height requirements shall be established in a manner which will provide maximum flexibility within the park and, at the same time, adequately protect surrounding development and development within the park.
    G. Outdoor storage of finished or semifinished products manufactured or assembled on the premises shall not be located within the front yard and shall be screened in a manner which will be compatible with the architecture of the main building and adequately contain the material stored.
    H. The approved development plan shall contain whatever additional use restrictions are deemed necessary to promote the health, safety and general welfare of surrounding residents and properties. (Prior code § 150-169)

Section 17.80.050 Minimum size.
The minimum size of an industrial park district shall be ten acres. (Prior code § 150-170)

Section 17.80.060 Permitted uses.
All buildings, structures or land shall be used for manufacturing or for the fabrication, assembly, processing, warehousing, wholesaling or distribution of manufactured goods or for research or for office and related facilities attendant to these uses. Government buildings and public structures are permitted, as well as eating facilities, day-care facilities, motel facilities, schools of special instruction, including dance, cheerleading, karate, and aerobics schools/studios, indoor recreational establishments and commercial establishments which serve the industrial park and its occupants. (Ord. 1901 (part), 2004:prior code § 150-171)

Section 17.80.070 Individual site plan review.
    A. The site plan, including landscaping and lighting, for each individual industry or related use proposed for locating within the park must be reviewed by the planning director, director of public works and director of building, housing and zoning; and
    1. If such plan is not in compliance with an overall plan approved by the planning commission, it must be referred to the planning commission for review and approval;
    2. If the proposed site plan conforms in all respects to the requirements of this chapter and a plan previously approved by the planning commission, a building permit shall be issued.
    B. No building permit shall be issued which is in conflict with the plan approved by the planning commission. (Prior code § 150-172)

Section 17.80.080 Minimum lot area and lot width.
Minimum lot area shall be twenty thousand (20,000) square feet. Minimum lot width shall be one hundred (100) feet for an interior lot and one hundred twenty (120) feet for a corner lot. (Prior code § 150-173)

Section 17.80.090 Signs.
    A. Signs shall contain only the name of the business, its slogan or trademark(s), if any, and listing of products or services.
    B. Signs shall not project above the principal roof of the building, except that a sign may be attached flat against or painted on a parapet wall not exceeding five feet above such roofline. Such signs shall not exceed three hundred (300) square feet in aggregate area.
    C. One permanent entrance sign identifying the park, not exceeding twenty (20) square feet in surface area per face, limited to two faces and set back fifteen (15) feet from the curbline, may be permitted.
    D. One directory sign listing the occupants of the park, fifteen (15) square feet in surface area per face, limited to two faces, six feet in height and set back fifteen (15) feet from the curbline, may be permitted.
    E. Illumination of outdoor signs shall be nonpulsating, diffused and confined to the face of the sign. (Prior code § 150-174)

Section 17.80.100 Parking and loading.
Off-street parking, loading, unloading and solid waste disposal areas shall be provided in accordance with Chapter 17.196 and landscaped in accordance with Chapter 17.220. (Prior code § 150-175)

Chapter 17.84

OFFICE AND SERVICE RESIDENTIAL DISTRICT

Sections:
    17.84.010 Purpose.
    17.84.020 Permitted uses.
    17.84.030 Uses permitted by ordinance permit.
    17.84.040 Accessory uses and structures.
    17.84.050 Development standards.

Section 17.84.010 Purpose.
The purpose of the office and service residential district is to recognize those areas of the city where there exists a mixture of office, service and residential use and to foster the continuance of these uses with special development standards designed to protect residential use within and adjoining these districts from any possible adverse effect from nonresidential uses. These districts are generally located close to the central business district along collector streets in older established residential areas or between residential and strip commercial areas. Retail sales with high traffic volumes, late hours of operation, noise, odor and other detrimental influences affecting residential use are not permitted within these districts. Uses are limited to business and professional offices, most of which are conducted within the existing large older residential structures; public buildings and churches; and other service-type uses. The office and service residential district provides for a gradual transition of use from commercial development in the central business district to the residentially developed areas along collector streets extending outward from the central business district and as a transition from the heavily developed strip commercial along Route 13 to the older residential areas. The following uses, referenced standards and area regulations have been developed based upon this purpose, which is in accord with findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-33)

Section 17.84.020 Permitted uses.
    Permitted uses shall be as follows:
    B. Care home;
    C. Church or other place of worship, in accordance with Chapter 17.220, excluding vehicle storage and maintenance;
    D. Day-care facilities for the elderly and handicapped;
    E. Dwellings:
    1. Single-family,
    2. Two-family, in accordance with Chapter 17.220.
    F. Group domiciliary care facility;
    G. Hairdresser shop;
    H. Office(s);
    I. Police station;
    L. Specialty shop;
    M. Studio;
    N. Travel agency. (Ord. 1838 (part), 2002; prior code § 150-34)

Section 17.84.030 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Day-care center or nursery school, in accordance with Chapter 17.220;
    B. Utility substation, in accordance with Chapter 17.220. (Ord. 1838 (part), 2002; prior code § 150-36)

Section 17.84.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Cloister or clerical housing on the same property with a church or other place of worship;
    B. Family day-care home;
    C. Home occupation;
    D. Private garages and other accessory uses normally associated with residential use, such as, but not limited to, detached home workshop, swimming pool, cabana, greenhouse, private studio and boathouse, all of which shall be incidental to the use of the property as a residence;
    E. Storage of recreational vehicles and boats on residential lots, limited to two in any combination, in back of the front building setback line where such recreational vehicles and boats are for the use and enjoyment by the residents thereon;
    F. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    G. Day-care services for employees or patrons of an office or service use. (Ord. 1838 (part), 2002; prior code § 150-37)

Section 17.84.050 Development standards.
    Development standards for the office and service residential district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: six thousand (6,000) square feet;
    2. Interior lot area: sixty (60) feet;
    3. Corner lot width: seventy-five (75) feet.
    B. Minimum yard requirements shall be as follows:
    1. Front: twenty-five (25) feet;
    2. Rear: thirty (30) feet;
    3. Side: ten feet; two required;
    4. Corner, side: twenty-five (25) feet.
    C. The height limitation shall be forty (40) feet.
    D. Parking shall be provided in accordance with Chapter 17.196, except where governed by established parking tax district regulations. All parking lots, excluding parking lots for one-and two-family residences, shall be covered with a dust-free material and be located between the front building line and the rear line. No equipment used in the conduct of a business shall be parked or stored on a lot, and no outside storage of trucks or vans used in the conduct of a business shall be permitted on a lot.
    E. No accessory building shall be constructed less than five feet from a rear or interior side property line or twenty-five (25) feet from a side corner lot line.
    F. Lighting. Lighting shall be designed so as not to throw a glare onto surrounding properties. Show or display windows shall not be lighted, and flashing lights are prohibited.
    G. Signs. See Chapter 17.216.
    H. Landscaping and screening. See Chapter 17.220. In addition to the requirements of Chapter 17.220, the following shall be required:
    1. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Chapter 17.220.
    I. Any new building or renovation to an existing building shall be architecturally compatible with existing residences. (Ord. 1838 (part), 2002; prior code § 150-38)

Chapter 17.88

OFFICE AND SERVICE HIGHWAY DISTRICT NO. 1

Sections:
    17.88.010 Purpose.
    17.88.020 Permitted uses.
    17.88.025 Uses permitted by special exception.
    17.88.030 Uses permitted by ordinance permit.
    17.88.040 Accessory uses and structures.
    17.88.050 Development standards.

Section 17.88.010 Purpose.
The purpose of the office and service highway district No. 1 is to recognize that the area along the eastern side of Eastern Shore Drive, primarily developed as residential, has been exposed to higher volumes of traffic and greater visibility with the construction of this inner city highway and, realizing the accessibility and visibility that is provided, to provide for the development of this area from residential to nonresidential use. This district provides a transition area between the residential area, continuing eastward, and the industrial and commercially developed areas across Eastern Shore Drive to the west. To protect the adjoining residential areas to the east, special attention is given to setbacks, screening, landscaping, signs and access. Uses are limited to offices, service uses and to limited retail sales, which do not have late hours of operation, noise, odor and large amounts of on-site traffic. The office and service highway district No. I applies specifically to the land area along Eastern Shore Drive, but the rationale contained in this purpose may be applied to other areas where streets or highways are developed or become major collector thoroughfares through or adjoining residential areas and the same circumstances occur. The following uses, referenced standards and area regulations have been developed based upon this purpose, which is in accord with findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-39)

Section 17.88.020 Permitted uses.
    A. Permitted uses shall be as follows:
    1. Apartment units above the first floor, in accordance with Chapter 17.168;
    2. Banks or other financial institutions;
    3. Boardinghouse/rooming house;
    4. Care home;
    5. Church and other place of worship, excluding bus storage and maintenance as an accessory use;
    6. Cultivation of land;
    7. Cultural use, such as museum, library or art gallery;
    8. Dry-cleaning pickup station;
    9. Florist;
    10. Hairdresser shop;
    11. Laboratory and establishment for production, fitting and repair of eye glasses, hearing aids and prosthetic appliances;
    12. Medical-care facility;
    13. Medical and dental office and clinic;
    14. Medical supplies and equipment;
    15. Office supplies and equipment;
    16. Offices(s);
    17. Park and playground, public;
    18. Pharmacy, limited to prescription and nonprescription medicines and medical aids;
    19. Photographic studio and equipment;
    20. Printing and reproduction shop not to exceed three thousand (3,000) square feet of gross floor area;
    21. Restaurant supplies (nonfood) and equipment;
    22. School of general instruction;
    23. School of special instruction conducted entirely within a structure;
    24. Tailor, seamstress or shoe repair shop;
    25. Travel agency;
    26. Group domiciliary care facility. (Ord. 1786 § 11 (part), 2000; Prior code § 150-40)

Section 17.88.025 Uses permitted by special exception.
Uses permitted by special exception shall be as follows:
A. Group home. (Ord. 1786 § 11 (part), 2000)

Section 17.88.030 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit shall be as follows:
    A. Day-care center or nursery school, in accordance with Chapter 17.220;
    B. Utility substation in accordance with Chapter 17.220. (Prior code § 150-41)

Section 17.88.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Off-street parking lot or structure;
    B. Off-street loading and unloading facilities;
    C. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use;
    D. Day-care services for employees or patrons of a permitted use. (Prior code § 150-42)

Section 17.88.050 Development standards.
    Development standards for office and service highway district No. 1 shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: ten thousand (10,000) square feet;
    2. Interior lot width: one hundred (100) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    B. Minimum Yard Requirements. Minimum yards shall be provided as follows and shall be measured from the back of existing curblines or back of curblines established by the city department of public works or from lot or district boundary lines where indicated:
    1. Thirty (30) feet from the curbline along South Division Street;
    2. Twenty-five (25) feet from the curbline along Eastern Shore Drive;
    3. Twenty (20) feet from the curbline along all streets between South Division Street and Eastern Shore Drive and twenty (20) feet from the curbline along Monroe and East Vine Streets;
    4. Twenty (20) feet from the right-of-way line along Spruce Street;
    5. Ten feet from interior lot lines and residential district boundary lines.
    C. The height limitation shall be forty (40) feet.
    D. Parking, loading and unloading areas shall be in accordance with Chapter 17.196.
    E. Access. Direct access onto a street or highway shall be reduced or eliminated wherever the city department of public works determines that alternate or unified points of access are available to a site resulting in better traffic flow and less traffic congestion.
    F. Stacking Lanes. Wherever a use provides drive-in window service, a reservoir of five spaces shall be provided on site for each drive-in stall.
    G. Outside storage is prohibited.
    H. Lighting. Lighting shall be designed so as not to throw glare onto surrounding properties. Flashing lights are prohibited.
    I. Signs. See Chapter 17.216. In addition to the requirements of Chapter 17.216, no sign shall be permitted in a side or rear yard adjoining a residential district. No sign shall be flashing or have movable or rotating parts.
    J. Landscaping and Screening. See Chapter 17.220. In addition to the requirements of Chapter 17.220, the following shall be required:
    1. A ten-foot-wide screening area shall be required along a street or alley right-of-way line in this district which is across from the rear yards in a residential district. All required screening areas in this district shall consist of no less than evergreen shrubs at least six feet in height at time of planting, planted a distance from one another as to form a dense screen at time of maturity, and a permanent fence at least three feet in height, to obscure and separate a business use from a residential lot.
    2. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080. (Prior code § 150-43)

Chapter 17.92

OFFICE AND SERVICE HIGHWAY DISTRICT NO. 2

Sections:
    17.92.010 Purpose.
    17.92.020 Permitted uses.
    17.92.030 Uses permitted by special exception.
    17.92.040 Accessory uses and structures.
    17.92.050 Development standards.

Section 17.92.010 Purpose.
The purpose of the office and service highway district No. 2 is to recognize that the area along the easterly side of North Division Street Extended from Decatur Avenue to Priscilla Street, although separated from Route 13 by the Wicomico War Memorial, is exposed to high volumes of traffic and visibility from a major highway; that although developed primarily as residential, the area is no longer suitable for residential use. The district provides for development or redevelopment of lots with nonresidential uses which will benefit from exposure and visibility from a high-volume-traffic highway but which are not as intensive as the commercial development fronting on Route 13 to the south and across from the War Memorial to the west. Uses are limited to offices, service uses and to limited retail sales which do not have late hours of operation, noise, odor and large amounts of on-site traffic. The following uses, standards and area regulations have been developed based upon this purpose, which is in accord with findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-44)

Section 17.92.020 Permitted uses.
Permitted uses shall be as follows:
A. Same as office and service highway district No. 1. (Prior code § 150-45)

Section 17.92.030 Uses permitted by special exception.
Uses permitted by special exception shall be as follows:
A. Same as office and service highway district No. 1. (Prior code § 150-46)

Section 17.92.040 Accessory uses and structures.
Accessory uses and structures shall be as follows:
A. Same as office and service highway district No. 1. (Prior code § 150-47)

Section 17.92.050 Development standards.
    Development standards for the office and service highway district No. 2 shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: ten thousand (10,000) square feet;
    2. Interior lot width: one hundred (100) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    B. Minimum Yard Requirements. Minimum yards shall be provided as follows:
    1. Twenty-five (25) feet from the curbline along Priscilla Street, North Division Street Extended and Decatur Street;
    2. Ten feet from interior lot lines and residential district boundary lines.
    C. The height limitation shall be as follows:
    1. Same as office and service highway district No. 1.
    D. Parking, loading and unloading areas shall be as follows:
    1. Same as office and service highway district No. 1.
    E. Access shall be as follows:
    1. Same as office and service highway district No. 1.
    F. Stack lanes shall be as follows:
    1. Same as office and service highway district No. 1.
    G. Outside storage shall be as follows:
    1. Same as office and service highway district No. 1.
    H. Lighting shall be as follows:
    1. Same as office and service highway district No. 1.
    I. Signs shall be as follows:
    1. Same as office and service highway district No. 1.
    J. Landscaping and screening shall be as follows:
    1. Same as office and service highway district No. 1. (Prior code § 150-48)

Chapter 17.96

OFFICE AND SERVICE HIGHWAY DISTRICT NO. 3

Sections:
    17.96.010 Purpose.
    17.96.020 Permitted uses.
    17.96.030 Uses permitted by special exception.
    17.96.040 Accessory uses and structures.
    17.96.050 Development standards.

Section 17.96.010 Purpose.
The purpose of the office and service highway district No. 3 is to provide for continued development and redevelopment of an area originally developed as residential to nonresidential use. Construction of Waverly Drive has exposed this area to large volumes of traffic entering and leaving the central business district. With this exposure and the effect of the adjoining strip highway commercial development to the east, the area is no longer suitable for residential development. Redevelopment of this area with limited retail sales and office and service uses provides a transition area from the heavy commercial to the east and the residential areas across Waverly Drive to the west. The following uses and standards have been developed based upon this purpose, which is consistent with the findings and recommendations of the city's adopted land use element of the metro core comprehensive plan. (Prior code § 150-49)

Section 17.96.020 Permitted uses.
Permitted uses shall be as follows:
A. Same as office and service highway district Nos. 1 and 2. (Prior code § 150-50)

Section 17.96.030 Uses permitted by special exception.
Uses permitted by special exception shall be as follows:
A. Same as office and service highway district Nos. 1 and 2. (Prior code § 150-51)

Section 17.96.040 Accessory uses and structures.
Accessory uses and structures shall be as follows:
A. Same as office and service highway district Nos. 1 and 2. (Prior code § 150-52)

Section 17.96.050 Development standards.
    Development standards for the office and service highway district No. 3 shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following requirements:
    1. Lot area: ten thousand (10,000) square feet;
    2. Interior lot width: one hundred (100) feet;
    3. Corner lot width: one hundred twenty (120) feet.
    B. Minimum Yard Requirements. Minimum yards shall be provided as follows:
    1. Twenty-five (25) feet from the curbline along Waverly Drive;
    2. Twenty (20) feet from the curbline along Newton Street, Waverly Drive and Maryland Avenue.
    C. Height limitation shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2.
    D. Parking, loading and unloading areas shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2.
    E. Access shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2.
    F. Stack lanes shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2.
    G. Outside storage shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2.
    H. Lighting shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2.
    I. Signs shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2.
    J. Landscaping and screening shall be as follows:
    1. Same as office and service highway district Nos. 1 and 2. (Prior code § 150-53)

Chapter 17.100

PALEOCHANNEL DISTRICT

Sections:
    17.100.010 Purpose.
    17.100.020 Establishment of boundaries.
    17.100.040 Permitted and accessory uses.
    17.100.050 Development standards.

Section 17.100.010 Purpose.
The paleochannel is an ancient buried riverbed estimated to store approximately seven billion (7,000,000,000) gallons of water, which extends into the northerly portion of Wicomico County from Dorchester County and which has been nominated by the city council and designated as an area of critical state concern by the Maryland Department of State Planning. The paleochannel extends into Salisbury along its northerly corporate limits, has been mapped and studied in its known portion by the Maryland Geological Survey, provides potable water for the city of Salisbury and is a potentially unlimited source of water for both Salisbury and Wicomico County. Because of its vast potential as a potable abundant water supply, protective measures, in the form of use limitations and review procedures, are necessary to ensure that it is protected from contamination while continual study is done of the paleochannel's recharge areas and its capabilities and limitations. The following district, uses and development standards have been developed based upon this purpose, which is in accord with the findings and recommendations for the paleochannel in the city's adopted metro core comprehensive plan.* (Prior code § 150-130)

* Editor's Note: A map of the Salisbury paleochannel is included at the end of this chapter.

Section 17.100.020 Establishment of boundaries.
The paleochannel district shall be shown on the official zoning map as a district overlying the existing zoning and shall include all that area within the Salisbury corporate limits shown on the Maryland Geological Survey Map for the paleochannel set forth in Bulletin 31, Part II, by James W. Weigle, 1972, and may be changed from time to time as the paleochannel is further defined without the necessity of showing a mistake in the original boundaries or a change in the neighborhood. (Prior code § 150-131)

Section 17.100.040 Permitted and accessory uses.
    Permitted uses and accessory uses shall be as follows:
    A. All uses permitted in the underlying zoning district(s), with the following exceptions:
    1. Uses which discharge excessive amounts of water or use, store or generate raw or waste materials which are ignitable, corrosive, reactive or toxic, such as, but not limited to, manufacture of organic and inorganic chemicals, paint and pigments, petroleum refining, steel, metal products fabrication, electroplating and textile dyeing and finishing. (Prior code § 150-133)

Section 17.100.050 Development standards.
    In addition to the development standards for the underlying zoning district(s), the following shall be required:
    A. All proposals for development of any lot or parcel of land for any use shall require submission of a comprehensive site plan to be reviewed by the planning commission.
    B. The planning commission shall review the proposal relative to any existing or future possibility of contamination of the paleochannel through storage and handling of raw and waste materials or from the particular manufacturing or industrial process proposed. The commission shall solicit any technical advice or information it deems necessary in its review of the proposed use to assure that possible contamination will not occur, including, but not limited to, the following:
    1. A copy of all necessary permits from the Maryland Department of Water Resources and any other applicable state agency;
    2. An impact statement from an independent consultant, at the developer's expense.
    C. If the commission is satisfied that the proposal poses no unacceptable risk of contamination to the paleochannel, the comprehensive site plan shall be approved.
    D. If the commission determines that there is any possibility that the proposal may pose an unacceptable risk of contamination to the paleochannel, then the request to construct or use and operate such use at the proposed location shall be denied.
    E. A proposal which has been rejected by the commission may be resubmitted for review if there has been a major change in the processing, storage or handling of material which eliminates the potential risk of contamination to the paleochannel.
    F. Appeal from the commission's final decision may be made to the circuit court for Wicomico County within thirty (30) days of the commission's final decision.
    G. Uses operating or described in Section 17.100.040(A)(I) existing at the date of amendment of this chapter and located in the paleochannel district shall submit a plan for management of materials which may pose a risk of contamination to the paleochannel. Submission review and approval of the plan shall follow the same procedure as required for new uses, except that the required comprehensive site plan shall be at the discretion of the planning director. (Ord. 1752A (part), 2000; prior code § 150-134)

Chapter 17.104

RIVERFRONT REDEVELOPMENT MULTIUSE DISTRICT

Sections:
    17.104.010 Purpose.
    17.104.020 Certificate of design and site plan approval required.
    17.104.030 Permitted uses.
    17.104.040 Development standards.

Section 17.104.010 Purpose.
    A. The Wicomico River is an important and unique resource necessary to the economic viability of the city of Salisbury and Wicomico County. This district is intended to promote the development and redevelopment of lands along the Wicomico River with a mixture of uses and activities which are either dependent upon or appropriate to the waterfront. Industries which require frontage on and access to the water and certain waterfront-related commercial activities are to be given primary consideration for lands adjoining the river. To complement and strengthen the function of the waterfront area, certain recreation, shopping, business and residential uses are also permitted.
    B. To ensure compatibility with riverfront development in the adjoining central business and historic district, compatibility or architecture, landscaping and site design for development within the district and public access to the waterfront, with proper emphasis on pedestrian movement and its separation from industrial traffic, all uses within this district are subject to review and approval by the planning commission.
    C. Coordination of site plans, landscaping and pedestrian and traffic movement is a necessary concern for review and approval of uses to assure that waterfront development uses can function harmoniously and compatibly with less intensive uses permitted to complement and strengthen the waterfront area. The following uses, standards and review procedures have been developed in accordance with this purpose, which is consistent with the findings and recommendations of the metro core comprehensive plan for development of the Wicomico River waterfront. (Ord. 1647 § 5, 1997; prior code § 150-92)

Section 17.104.020 Certificate of design and site plan approval required.
Prior to the development or redevelopment of any lot or parcel of land within the riverfront redevelopment multiuse district, a certificate of design and site plan approval shall be obtained from the Salisbury planning commission. Repairs, maintenance and minor additions or changes of use not affecting the existing site arrangement of buildings, parking, vehicular or pedestrian movement or building area or height shall not require a certificate. (Ord. 1647 § 6, 1997; prior code § 150-93)

Section 17.104.030 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartments and single-family attached residential uses, provided that such development is designed not to preclude access to the waterfront;
    B. Boat sales, service, rentals, ramps, docks, marinas and commercial sightseeing;
    C. Commercial fishing and seafood wholesale or retail outlets and related uses;
    D. Hotel, motel or other tourist-related facility;
    E. Industrial uses dependent upon the waterfront for delivery or shipment of goods and materials necessary to their operation;
    F. Marine railways, construction and repair yards, storage yards and marine supply outlets;
    G. Office building;
    H. Parking lot or structure;
    I. Public or private utility buildings or uses and utility substation;
    J. Recreational, social, cultural facilities, public parks and open space;
    K. Restaurants and outdoor eating facilities;
    L. Specialty and marine shopping facilities, such as art, gift, antique, import, health and natural goods, fishing tackle and equipment, marine hardware and boat furniture shops, including uses of a more general commercial nature which do not detract from the purpose of the waterfront and which are necessary to its economic viability;
    M. Trucking and freight transfer terminals and depots, wholesaling, warehousing and distribution facilities, all of which are dependent upon the waterfront for their operation;
    N. Day-care services for employees or patrons of a permitted use as an accessory use. (Prior code § 150-94)

Section 17.104.040 Development standards.
    Minimum standards for development in the riverfront redevelopment multiuse district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot area: five thousand (5,000) square feet;
    2. Lot width: fifty (50) feet.
    B. Setback, Height and Density. The following minimum standards are established as guides for design of development. These standards may be increased or decreased by the planning commission upon review of individual site design in relation to surrounding properties and development of the riverfront redevelopment multiuse district as a whole.
    1. Setbacks.
    a. Setbacks shall be as follows:
    i. Setbacks shall be the same as the established setbacks for existing buildings within the same block.
    ii. Where there are minor irregularities in existing setbacks for the same block, any one of the existing setbacks which the planning commission considers most applicable may be used.
    iii. Where there are major irregularities in existing setbacks for the same block, the setback shall be no less than the average of setbacks for existing buildings on either side of the proposed development.
    iv. Where no established building setbacks exist, the setback shall be a minimum of five feet from the back of the sidewalk.
    v. Setbacks from the Wicomico River shall be a minimum of ten feet from the back of the existing or proposed bulkheading line.
    vi. Setbacks from interior lot lines shall be a minimum of ten feet.
    b. Modifications to Setbacks.
    i. During its review of any development requiring a modification to setbacks, the planning commission shall consider the location of buildings on the site relative to safe vehicular movement on existing or proposed streets, light, air and ability of fire or emergency equipment and vehicles to adequately serve the development.
    ii. Special consideration shall be given to the location of landscaped areas and areas of pedestrian movement to assure coordination of landscaping and freedom and safety of pedestrian movement.
    iii. The planning commission may increase or decrease setbacks wherever a rearrangement of buildings on the site will aid in achieving a continuous link of development with freedom and encouragement of pedestrian movement from one development to another.
    2. Density.
    a. Floor area for commercial or other uses shall not be used when computing density for dwelling units.
    b. Inherent density shall not exceed forty (40) units per acre.
    c. Increased density shall require a special exception from the board of zoning appeals. In addition to consideration of the criteria required by Chapter 17.232, Section 17.232.020, the board shall consider the criteria set forth in subsection (B)(4) of this section.
    3. Height.
    a. Inherent height shall not exceed seventy-five (75) feet.
    b. Increased height shall require a special exception from the board of zoning appeals. In addition to consideration of the criteria required by Chapter 17.232, Section 17.232.020, the board shall consider the criteria set forth in subsection (B)(4) of this section.
    4. Criteria for Increased Height and/or Density.
    a. When acting upon a request for either increased height or density, the board of zoning appeals shall consider any or all of the following criteria as may apply to the type of development proposed:
    i. Recommendation from the planning commission;
    ii. The type of residential development proposed relative to the ability of the site to accommodate the density proposed;
    iii. The availability of city services to the site, such as water, sewer, streets and parking lots or structures; and whether the site can accommodate a higher density and/or height without an undue burden of expense to the city;
    iv. The functional, visual and spatial relationship of the proposed height relative to surrounding development and the CBD as a whole;
    v. Whether the proposed height will create an intrusion or conflict with the spatial arrangement of existing or proposed buildings;
    vi. Shadows which may interfere with solar panels or other solar equipment already in existence or under contract to be installed on existing buildings or buildings approved for construction in the immediate vicinity;
    vii. Water pressure and capability of community firefighting equipment, in addition to any required construction or fire safety devices, to assure safety of occupants;
    viii. The merits of the design and whether the treatment of setbacks, landscaping or other amenities, in addition to architectural treatment of the building, provide an excellence of design which contributes to the furtherance of the purpose of the CBD.
    b. The board may solicit any expert review and advice to assist it in making a decision on the request for increased height and/or density.
    C. Open Space and Landscaping.
    1. Landscaped open space shall be provided to attract development, provide a pleasing environment and improve the appearance of the entire area.
    2. Wherever possible, landscaped open space areas shall be provided adjoining the landscaped open space area on an adjoining parcel. Landscaping for both areas shall be coordinated so as to give the appearance of one continuous landscaped area.
    3. Parking lots shall be landscaped in accordance with Chapter 17.220.
    4. Landscaped screening areas shall be provided along side and/or rear property lines of industrially used property except where adjoining the Wicomico River. All areas not used for loading and unloading along the riverfront shall be landscaped.
    5. Landscaped screening areas may be required along any property line where the planning commission finds that such landscaped screening area is necessary to further the purpose of the riverfront district and provide separation to minimize any possible adverse effect from adjoining uses.
    D. Parking. Parking shall be provided in accordance with Chapter 17.196.
    E. Signs. Signs shall be in accordance with Chapter 17.216. (Ord. 1647 §§ 7, 8, 1997; prior code § 150-95)

Chapter 17.108

PLANNED DEVELOPMENT DISTRICTS--GENERAL PROVISIONS

Sections:
    17.108.010 Intent.
    17.108.020 Submission of applications and plans.
    17.108.030 Preapplication conference.
    17.108.040 Submission of outline development plan.
    17.108.050 Contents of outline development plan.
    17.108.060 Approval of outline development plan.
    17.108.070 Submission of preliminary development plan.
    17.108.080 Contents of preliminary development plan.
    17.108.090 Approval of preliminary development plan.
    17.108.100 Final development plan.
    17.108.110 Control of development during construction, after final plan approval or after completion.

Section 17.108.010 Intent.
    A. It is in the best interest of the city that a wide range of housing accommodations and industrial development be encouraged to meet the needs of the city and to accomplish sound physical and economic planning. Planned development districts, (hereinafter "PDD"), encouraging the best possible design of buildings and site planning under a comprehensive plan of development, provide for more efficient use of land and the provision of public services.
    B. Planned developments provide opportunities for alternative densities, lot sizes and other bulk regulations and often necessitate the special design and development of public streets and utilities. It is in the best interest of the city, therefore, that these planned developments be approved by the city council in accordance with specific plans to assure that the community will benefit from the proposed development with a minimum impact on existing development.
    C. The following planned development districts are therefore set forth in the text of this chapter, with specific boundaries to be established on the official zoning map* after approval by the city council of a preliminary development plan. These districts are "floating districts" and under Maryland case law are analogous to special exceptions. Criteria for establishment of these districts are set forth in the purpose for each district and shall be the basis for approval or denial by the city council without the necessity of showing a mistake in the original zoning or a change in the neighborhood. (Prior code § 150-135)

* Editor's Note: The zoning map is on file in the office of planning and zoning.

Section 17.108.020 Submission of applications and plans.
Applications for a planned development district, including all plans, shall be made to the planning director for review and recommendation by the planning commission and approval by the city council. Plans required for each stop in the review process shall be submitted to the same office for distribution to appropriate agencies for review. (Prior code § 150-135.1)

Section 17.108.030 Preapplication conference.
A. Before submitting an application, the applicant may meet with the directors of public works, department of building, housing and zoning and planning for a preapplication conference to provide the developer with information concerning the requirements of this chapter, city policies and other related ordinances and to review the general concept of the proposed development, before submission to the planning commission.
B. The planning director may furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing detailed components of the application. (Prior code § 150-135.2)

Section 17.108.040 Submission of outline development plan.
A. An applicant may submit for provisional approval by the planning commission an outline development plan as an optional step in the application process for the purpose of obtaining assurance that the project is acceptable in principle before significant expense is incurred by the developer.
B. If an outline development plan is submitted, a public hearing shall be required before the planning commission. (Prior code § 150-135.3)

Section 17.108.050 Contents of outline development plan.
    If an outline development plan is prepared, it shall include maps, drawn to approximate scale, and written statements described in this section. The information shall address enough of the area surrounding the proposed development to demonstrate its relationship to both existing and permissible adjoining uses.
    A. The maps, which are part of the outline plan, shall be drawn to scale and shall contain the following information when appropriate for the development proposed by the applicant:
    1. A general outline of the property, drawn to approximate scale, showing the boundaries of the area to be included in the planned development district and all existing and proposed easements on the site.
    2. A comprehensive site plan or plans showing the proposed development concept in its entirety, including the approximate location and area of the following:
    a. The existing general topographic character of the land and natural features of the area;
    b. Existing and proposed land use or development areas and the amount of area devoted to each use;
    c. The approximate density, type and style of all proposed buildings and proposed building areas or lots;
    d. The approximate location of existing and proposed streets and major thoroughfares;
    e. The approximate location and type of public uses, including schools, parks, playgrounds and other public open spaces;
    f. The approximate location of common open space and developed open space and proposed facilities in the developed open space suitable for the anticipated occupants of the development.
    3. A general landscaping concept plan showing areas to be retained in natural growth and areas of supplemental plantings.
    B. The application shall include written statements, which are a part of the outline development plan, which shall contain the following information, as appropriate for the type of development and the planned development district:
    1. An explanation of the character and types of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the proposed planned development district;
    2. A statement of proposed financing of the project and costs;
    3. A statement of ownership of all the land within the proposed development;
    4. A general indication of the expected schedule of development;
    5. A statement indicating the impact of the proposal on the surrounding area, including existing and future development. (Prior code § 150-135.4)

Section 17.108.060 Approval of outline development plan.
A. After review and approval by the planning commission, the applicant may request provisional approval by the city council at a public hearing of the development concept shown on the outline development plan to ascertain if the proposal is generally acceptable and if proposed modifications to city development standards or policies are generally acceptable to the council.
B. Provisional approval of the outline development plan by either the planning commission or the city council shall constitute only concept approval and shall not indicate prior acceptance of any future preliminary development plan. (Prior code § 150-135.5)

Section 17.108.070 Submission of preliminary development plan.
    An application for a planned development district, with all documents required for a preliminary development plan, shall be submitted to the planning commission for review and approval and recommendation to the city council. Once an application has been received by the planning director:
    A. A public hearing shall be held by the planning commission on all preliminary development plans prior to any recommendation being referred to city council.
    B. If an outline development plan has been submitted and given provisional approval, the applicant shall file the preliminary development plan within twelve (12) months of approval. The planning commission may extend this period for filing for an additional twelve (12) months. (Prior code § 150-135.6)

Section 17.108.080 Contents of preliminary development plan.
    A preliminary development plan for the entire district shall be prepared to show all components of the proposed development and shall include the following information, where applicable, for the type of development proposed in addition to the information required by the development standards for the planned development district being requested. The preliminary development plan shall include:
    A. A property survey of the site, prepared by a registered surveyor or engineer, showing the exact boundaries of the area to be included in the planned development district. The survey shall include the location of all existing and proposed easements on the site;
    B. A comprehensive site plan, drawn to scale, on sheets twenty-four (24) by thirty-six (36) inches, showing the proposed development concept for the entire planned development district after completion, including the approximate location of buildings or building areas and other improvements; existing and proposed streets; common and developed open space areas, including areas to be left in a natural state; any improvements proposed in the landscaped or developed open spaces; proposed stormwater management areas; the one hundred-year floodplain line, if applicable; and the Chesapeake Bay critical area boundary line, if applicable;
    C. A development standards plan prepared as either a separate plan or plans, which shall:
    1. Identify all land uses, bulk and dimensional standards for each type of development, including accessory uses and structures proposed, building areas or envelopes, as may be related to the entire development and to each section or phase of the development,
    2. Show the location of the proposed rights-of-way for street systems, sewer and water rights-of-way, stormwater management areas, lot, partition or subdivision lines or other divisions of the site for management use or allocation purposes and any other proposed easements or dedications for public or private access or services,
    3. Show all locations and areas proposed to be conveyed, dedicated or reserved for perimeter setbacks and screening or landscaping; common ownership or use; public use; and, where applicable, shall also include environmental, open space and slope easements; critical area buffers; developed recreation areas; parks; playgrounds; school sites; public service buildings and other public or semipublic uses or facilities;
    D. A preliminary subdivision plat for the entire planned development district in accordance with city subdivision regulations and any applicable development standards and other requirements;
    E. Elevation and perspective drawings of each type of proposed structure if required by the planning commission or the city council;
    F. Agreements, provisions or covenants governing the use, maintenance and continued protection of common and developed open space areas and any covenants pertaining to development of individual lots or parcels to be developed at a future date;
    G. A landscaping plan for the entire district generally consistent with the provisions of Chapter 17.220, and the specific landscaping or screening requirements for the PDD proposed, showing natural areas to be retained, the location and type of plantings, as well as areas to be sown with grass, including the perimeter, common areas and other areas of supplemental plantings.
    1. Where individual lots or parcels are to be developed and approved at a later date, landscaping guidelines or covenants shall be approved for such lots or parcels as part of the landscaping plan for the entire district,
    2. Perimeter screening required by the development standards for the district or in sensitive areas as imposed by the planning commission or city council shall be shown on the landscaping plan for the entire district;
    H. A development schedule for the planned development district indicating:
    1. The approximate date when construction of the project is expected to begin,
    2. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin,
    3. The anticipated rate of development,
    4. The approximate dates when each stage in the development will be completed,
    5. The area, location and degree of development of common open space that will be provided at each stage;
    I. A preliminary construction improvements plan approved by the director of public works;
    J. The application for a preliminary development plan shall also contain a written statement generally describing the proposal, including enough information on the area surrounding the proposed development to show the relationship of the planned development to adjacent uses, both existing and permissible. The written statement shall also include:
    1. An explanation of the character of the planned development and the manner in which it has been planned to take advantage of the specific regulations pertaining to the type of development proposed,
    2. A statement of proposed financing of the project and the required public improvements necessary to serve the project,
    3. A statement of ownership of all land within the proposed development at the time of submission;
    K. Statement of Responsibility. The applicant shall submit a written statement agreeing to enter into a legal agreement with the city to develop the PDD as approved by the city council. In the event the PDD or any portion thereof is not developed solely by the applicant, a new statement outlining the responsibility of each party involved in development of the PDD or any portion thereof shall be submitted to the planning commission for review and recommendation to the city council for approval;
    L. If the planning commission or city council finds that the development may create special problems of traffic, parking, or economic feasibility, the following plans may be required:
    1. An off-street parking and unloading plan,
    2. A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the development, as well as to and from thoroughfares,
    3. A plan showing any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern,
    4. An economic feasibility report or market study. (Prior code § 150-135.7)

Section 17.108.090 Approval of preliminary development plan.
    A. The planning director shall refer the recommendations of the planning commission to the city council, and the council shall schedule a public hearing, give notice and provide an opportunity for all interested parties to be heard.
    B. In approving a change in the zoning classification for a planned development district, the city council, as a part of its official action, and the planning commission, as a part of its review, shall:
    1. Determine its compliance with the intent of the planned development districts proposed;
    2. Determine if the planned development district meets the stated purposes of the district being proposed;
    3. Make findings of fact, which, as a minimum, shall include:
    a. Population change,
    b. Availability of public facilities,
    c. Present and future transportation patterns,
    d. Compatibility with existing and proposed development for the area,
    e. The city council shall consider the recommendation of the planning commission,
    f. The relationship of such proposed amendment to the jurisdiction's plan.
    C. After considering all plans and evidence presented, the city council shall then approve, disapprove or reapprove the establishment of the planned development district as shown on the preliminary development plan and may designate the plan or plans to be recorded in the land records of Wicomico County.
    D. Once the preliminary development plan has been approved, the district shall be designated on the official zoning map.
    E. The council may establish additional development controls by separate ordinance or require said controls to be established as a part of the final development plan approval.
    F. An applicant may submit an amendment to an approved preliminary development plan which shall be considered in the same manner as the original application. (Prior code § 150-135.8)

Section 17.108.100 Final development plan.
    A. Once a preliminary development plan has been submitted and approved by the city council, a final development plan may be submitted to the planning commission in stages.
    B. Within twelve (12) months following approval of the preliminary development plan by the city council, the applicant shall file a final development plan with the planning director containing, in final form, the information required in the preliminary development plan. In its discretion, for good cause, the planning commission may extend for twelve (12) months the period for filing of the final development plan.
    C. An application for a final development plan for the entire district or a phase of the district shall include three copies of the following, with all final plans drawn to scale on sheets twenty-four (24) by thirty-six (36) inches in size:
    1. A final comprehensive site plan showing the details of the PDD as approved by the city council during the establishment of the district, which shall include all information required on the comprehensive site plan as a part of the preliminary development plan approval. Any phases submitted for final approval shall be clearly identified on the site plan;
    2. The development standards plan approved by the city council at the time the district was established with any phase submitted for final approval clearly defined thereon;
    3. A final subdivision plat for the entire planned development district or phase thereof in accordance with the city's subdivision regulations and all approved development standards and other requirements for the district;
    4. A landscaping plan for the entire district or any phase thereof in accordance with the provisions of Chapter 17.220, showing all natural areas to be retained, the location and type of species of plantings, as well as areas to be sown with grass, including perimeter landscaping, common area landscaping and any other area of supplemental plantings;
    5. A final copy of any proposed homeowners' association document or a final copy of any other legal instrument required by the planning commission or city council for the management or control of facilities within the planned development district or any legal agreements thereto;
    6. Any other information which may have been required by the planning commission or city council during the approval of the establishment of the district.
    D. The final development plan shall be conditioned upon approval a revised preliminary subdivision plat for the entire district in accordance with the requirements of the city's subdivision regulations and any requirements established by the planning commission or city council during the approval of the preliminary development plan.
    E. An applicant may submit an application for amendment of the final development plan which shall be considered in the same manner as an original application.
    F. No building permit shall be issued until a final subdivision plat has been approved and recorded with any required covenants where applicable for either the entire district or any section or phase thereof. (Prior code § 150-135.9)

Section 17.108.110 Control of development during construction, after final plan approval or after completion.
    The final development plan shall continue to control the planned development during construction and after it is completed. The following shall apply:
    A. The director of building, housing and zoning, in issuing a building permit for any use or structures in the planned development, shall note the issuance of each permit by each planned residential district as established.
    B. After the building permit has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned development, where approved as part of the plan, shall be governed by the approved final development plan.
    C. No change shall be made in the development contrary to the approved final development plan without approval of an amendment to the plan, except that minor modifications of approved buildings or structures, or minor lot line adjustments may be authorized by the planning commission if they are consistent with the purposes and intent of the final plan and do not increase the number of units or structures or change other specific development standards approved by the city council as a part of the preliminary development plan.
    D. An amendment to a completed development may be approved if it is required for the continued success of the development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by related land use regulations.
    E. No modification or amendment to a completed development is to be considered as a waiver of the original covenants limiting the use of the land, buildings, structures and improvements within the area of the development, and all rights to enforce these covenants against any change are expressly reserved unless approved by the city council. (Ord. 1784 (part), 2000; Prior code § 150-135.10)

Chapter 17.112

PLANNED RESIDENTIAL DISTRICTS--GENERAL PROVISIONS

Sections:
    17.112.010 Purpose.
    17.112.020 Development plan required.
    17.112.030 Establishment of boundaries.
    17.112.040 General standards and requirements for approval.
    17.112.050 Permitted uses.
    17.112.060 Project density.
    17.112.070 Dimensional and bulk standards.
    17.112.080 Perimeter standards.
    17.112.090 Open space.
    17.112.100 Landscaping.
    17.112.110 Traffic circulation.
    17.112.120 Vehicular access.
    17.112.130 Pedestrian circulation and access.
    17.112.140 Public street standards.
    17.112.150 Minimum street standards.
    17.112.160 Parking.

Section 17.112.010 Purpose.
    A. A residential development planned and constructed in accordance with a unified plan approved under stringent review procedures operates in harmony with existing and future surrounding development and aid in achieving the goals and recommendations of the housing element of the comprehensive plan for the city.
    B. The purpose of the planned residential district is to provide the maximum choice in type of living environment and living accommodations available to the residents of the city. The district is established to produce:
    1. An efficient use of land resulting in smaller networks of utilities and streets, thereby encouraging a diversity of living environments and a variety of housing styles;
    2. Open space and recreation areas which are essential and major elements of the planned development and which are related to and affect the long-term value of homes within the development and adjoining or nearby development;
    3. A development which is based on design and intensity of use and the relationship between land uses rather than on standardized residential districts which are segregated from each other on the basis of housing types and development standards;
    4. A pattern of development which preserves the natural environment of the site, including trees, outstanding natural topography and geologic features;
    5. Development flexibility to respond to market demands.
    C. The following regulations have been developed based upon these purposes which are consistent with the recommendations of the land use element of the city's adopted plan. (Prior code § 150-150)

Section 17.112.020 Development plan required.
A development plan reviewed and approved in accordance with Chapter 17.108, shall be required for all planned residential development. (Prior code § 150-151)

Section 17.112.030 Establishment of boundaries.
Boundaries for a planned residential district shall be approved by the city council and shown on the official zoning map after approval of the preliminary development plan. (Prior code § 150-152)

Section 17.112.040 General standards and requirements for approval.
    A. Size of the Planned Residential Development Site.
    1. A planned residential development shall be on a tract of land of at least five acres.
    2. A planned residential development may be permitted for a tract of land of less than five acres if the planning commission finds, upon a showing by the applicant, that the planned residential development is in the public interest because one or more of the following conditions exist:
    a. An unusual physical or topographic feature of importance to the people of the area or the community as a whole exists on the site or in the neighborhood which can be considered and still provide an equivalent use of the land by the use of a planned residential development;
    b. The property or its neighborhood has an historical character or feature of importance to the community that will be protected by the use of a planned residential development;
    c. The property is adjacent to or across a street from property which has been either approved for or developed or redeveloped under a cluster or planned residential development and a planned residential development will contribute to the maintenance of the amenities and values of the neighborhood.
    B. Findings for Project Approval. The city council, upon consideration of the recommendations of the planning commission, shall approve a planned residential development when it finds that the proposed development satisfies the purposes of Chapter 17.108, and the standards of this chapter, including the following:
    1. The planned residential development is an effective and unified treatment of the development possibilities on the site and makes appropriate provisions for the preservation of natural features such as streams and shorelines, wooded cover, marsh or wetlands;
    2. The planned residential development will be compatible with the area surrounding the site and will not require substantially greater demand on public facilities and services than other authorized uses for the land;
    3. At its option, the city council may consider if financing is available to the applicant sufficient to assure completion of the proposed development. (Prior code § 150-153)

Section 17.112.050 Permitted uses.
    Uses permitted shall be as follows:
    A. All uses permitted inherently as accessory uses by ordinance permit and by special exception in the R-5A and R-8A districts; provided, that all such uses shall be developed in accordance with the standards for these uses as defined in this title unless specifically modified by the city council upon approval of the district.
    B. If residential service uses are included as a part of the district as permitted, these uses shall be integrated into the total design of the planned residential development in such a manner as to complement surrounding residential development either in design or by limitation and regulation of activities.
    C. Commercial Uses.
    1. Commercial uses shall be limited to those uses in Chapter 17.32, and subject to development standards of the neighborhood business district.
    2. Intense commercial uses shall not be located closer than one hundred fifty (150) feet to any adjacent residential districts.
    3. Such uses shall be primarily for the service and convenience of the residents of the development and immediate neighborhood.
    4. Before approving any commercial uses, the planning commission may require a market analysis, prepared by a market analyst, demonstrating that the amount of commercial space provided is needed and can be realistically supported. The market analysis shall as a minimum contain the following determinations:
    a. The trade area of the proposed facilities;
    b. The trade areas and population, present and prospective;
    c. The effective buying power in the trade area;
    d. The net potential customer buying power for stores in the proposed commercial facilities and the recommended kinds of stores and floor space; and
    e. The residual amount of buying power in the trade area and how it may be expected to expand by the addition of other kinds of stores serving the trade area.
    5. Where commercial uses are proposed, at least thirty (30) percent of the dwelling units in the planned residential development shall have access to commercial areas by paved pedestrian walkways. Such access shall not involve the crossing of any collector street or major highway.
    6. After considering the information provided by the developer in support of proposed commercial uses, the relationship of commercial uses to the planned residential development and the surrounding area, the impact of traffic on safety and adequacy of streets and the intensity of such uses, the planning commission shall recommend to the city council whether the commercial use is to be permitted and, if so, the kind of business and floor area needed to serve residents of the trade area. (Prior code § 150-154)

Section 17.112.060 Project density.
    A. Density for apartment and townhouse development shall not exceed twelve (12) dwelling units per acre, except as follows.
    B. The planning commission may recommend an increase in density for apartment development, up to a maximum of thirty (30) units per acre, after consideration of:
    1. Existing and proposed streets and traffic patterns relative to the amount of traffic to be generated by the density proposed and whether it can be easily accommodated without being detrimental to existing surrounding development;
    2. Design and topography of the site relative to use of setbacks, arrangement of buildings, landscaping and open space to achieve maximum results in integration of greater density and building height without harsh contrast in relation to surrounding development.
    3. Provisions of recreational facilities in relation to maximum density of people to be served.
    C. If the planning commission finds that any of the following conditions would be created by an increase in density permitted by this chapter, the commission shall recommend limits on any increase in density by an amount sufficient to avoid creation of one or more of the following conditions:
    1. Inconvenient or unsafe access to the planned residential development;
    2. Traffic congestion in the streets adjoining the planned residential development;
    3. An excessive burden on sewerage, water supply or other public facilities which serve or are proposed to serve the planned development.
    D. The city council shall consider the planning commission's recommendation and determine what increase in density shall be permitted, if any. (Prior code § 150-155)

Section 17.112.070 Dimensional and bulk standards.
    A. No minimum lot area, width, frontage and yard requirements shall be required within a planned residential development, but shall be as recommended by the planning commission and approved by the city council and shown in the preliminary development plan.
    B. Main buildings shall be designed so that spacing between buildings shall provide light, ventilation and distance for adequate fire or other emergency access and protection.
    C. Buildings, off-street parking and loading facilities, open space, landscaping and screening shall be designed to provide separation of use and protection for adjoining development as would otherwise occur if developed under conventional residential development standards.
    D. Building height shall not be greater than thirty-five (35) feet except that a greater height may be approved by the city council if surrounding open space within the planned residential development, building setbacks and other design features are used to avoid any adverse impact on adjoining property. (Prior code § 150-156)

Section 17.112.080 Perimeter standards.
    If topographic or other features on the site at the perimeter of the planned residential development do not provide reasonable privacy, separation or protection from adverse effects on existing or potential development on adjacent land, the planning commission may recommend to the city council that any of the following requirements shall be imposed:
    A. Structures located at the perimeter of the development shall be set back a minimum of forty (40) feet.
    B. Structures located at the perimeter of the development shall be well screened to protect existing uses or potential development on adjacent property. (Prior code § 150-157)

Section 17.112.090 Open space.
    A. Common open space shall be provided in an amount equal to thirty (30) percent of the total area of the proposed district. Such open space shall be combined wherever possible and planned as an integral part of the development providing access to and benefits for all residents of the development.
    B. All planned residential districts shall provide developed open space within the common open space areas. The amount of developed open space shall be determined in consideration of the type of development proposed and density and age characteristics of proposed residents.
    C. Slopes and Bodies of Water.
    1. Slopes exceeding fifteen (15) percent and all or part of branches, marshlands and bodies of water may be recommended by the planning commission to be included in the common open space after consideration of:
    a. The extent of these areas in relation to the area of the planned residential development;
    b. The degree to which these areas contribute to the quality, livability and amenity of the development.
    2. A maximum of twenty-five (25) percent of the common open space may be covered by either water or floodplains or a combination thereof, provided that the applicant has ownership of such water bodies.
    D. Common and developed open space proposed shall be reviewed by the department of recreation and parks, with a recommendation forwarded to the planning commission as to its appropriateness and adequacy in meeting the needs of the proposed residents.
    E. When a planned residential development is to be constructed in stages or sections, developed open space shall be provided proportionately as each stage is completed. Improvements within developed open space shall be provided concurrently with or prior to issuance of an occupancy permit for any building or residence within each section or the entire development if constructed as a whole.
    F. Ownership and maintenance of common open space and parking areas shall be in accordance with Section 17.04.240.
    G. Intensively developed open spaces shall not be closer than one hundred fifty (150) feet to any adjacent residential districts.
    H. All floodplains shall be preserved as common open space and delineated on the required subdivision plat unless otherwise approved by the planning commission and the city council. (Prior code § 150-158)

Section 17.112.100 Landscaping.
    A. A landscaping plan in accordance with the provisions of Chapter 17.220, is required and shall show the location of natural features and amenities on the site such as existing trees, groves, waterways, stormwater management areas, scenic views, topography, historic sites or buildings and other community assets.
    B. Landscaping shall be provided in open space areas and foundation plannings where units are to be constructed and sold by the developer.
    C. Screening is required at the perimeter where existing natural features do not provide privacy, separation or protection for existing or future development on adjoining properties or for the proposed district if the developments are not similar in nature or if the proposed district adjoins a nonresidential use or district.
    D. Screening is required between all commercial, service-type or intense recreational uses proposed within the district and any adjoining uses.
    E. On wooded sites, existing trees shall be retained and utilized in perimeter setback areas as screening in open space areas and, where possible, as individual lot and street trees. (Prior code § 150-159)

Section 17.112.110 Traffic circulation.
A. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within planned residential developments shall be connected to streets outside the development in such a way as to discourage their use by through traffic.
B. The proposed planned residential development shall be located with regard to major thoroughfares and uses outside the development so that traffic congestion will not be created by the proposed development or will be obviated by present projected or proposed improvements and so that uses adjacent to such thoroughfares will not be adversely affected. (Prior code § 150-160)

Section 17.112.120 Vehicular access.
    Building setback distance from accessways shall be as follows:
    A. No ground level entranceway to any townhouse, apartment unit or apartment building shall be farther than eighty (80) feet from a parking lot.
    B. No part of any townhouse or apartment building shall be farther than five hundred (500) feet from a fire hydrant. (Prior code § 150-161)

Section 17.112.130 Pedestrian circulation and access.
A. The pedestrian circulation system and its related walkways shall be separated as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.
B. When deemed to be necessary by the planning commission, a pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic may be required. (Prior code § 150-162)

Section 17.112.140 Public street standards.
Standards of design, including right-of-way width and construction of public roadways within planned residential developments, may be modified as deemed appropriate by city council where it is found that the development provides for exceptional separation of vehicular and pedestrian circulation. (Prior code § 150-163)

Section 17.112.150 Minimum street standards.
A. All streets shall be designed and constructed in accordance with standards of the city of Salisbury, except as modified and approved by city council; and
B. The minimum standards for street rights-of-way, pavement width and on-street parking shall be as follows unless otherwise modified by the city council:

Type of Street

Dwelling
Unit Uses
Served Total
Roadway
Acquisition
(feet) Curbline
and
R/W
(feet)
On-Street
Parking

Local residential
streets, including cul-de-sacs 1 to 20 40 24 None

Minor collector streets,
including cul-de-sacs
and principal street
serving subdivision 21 to 50 50 30 1 side

Major collector streets 51 or more 56 36 2 sides

(Ord. 1784 (part), 2000; Prior code § 150-164)

Section 17.112.160 Parking.
    A. Required parking spaces shall be provided on each individual lot or in common parking areas.
    B. Parking areas shall be designed and arranged to prevent through traffic.
    C. Unless specifically modified by the planning commission or city council, parking shall be in accordance with the provisions of Chapter 17.196. (Prior code § 150-165)

Chapter 17.116

PLANNED RESIDENTIAL DISTRICT NO. 1--SPRING CHASE

Sections:
    17.116.010 Purposes.
    17.116.020 Area of reclassification.
    17.116.030 Permitted uses.
    17.116.040 Accessory uses and structures.
    17.116.050 Development standards.
    17.116.060 Street standards.
    17.116.070 Amendments.
    17.116.080 Final development plan.
    17.116.090 Control of development after completion.

Section 17.116.010 Purposes.
The purpose of planned residential district No. 1 is to provide for the development of lands between the Tide Mill Apartment Project on Edgewater Drive and Glen Avenue with one hundred four (104) one-story units in a cluster-type development which provides approximately fifty (50) percent of the site retained in open space, use of restricted development areas as useable and natural recreation areas, a reduced utility network and a transitional type of development between existing adjoining multifamily and single-family development. The following regulations are based on these purposes and the approved preliminary development plan and subdivision plat, which are in accordance with the zoning recommendations of the metro core comprehensive plan. (Prior code § 150-165.1)

Section 17.116.020 Area of reclassification.
The area to be rezoned as planned residential district No. 1--Spring Chase includes lands now or formerly owned by Salisbury Joint Venture and James I. Humphrey et al. under contract to Weatherby, Harkins, Inc., consisting of approximately twenty-one and seventy-seven hundredths (21.77) acres situated in the Parsons Election District, in the city of Salisbury, bounded on the north by Glen Avenue; bounded on the south by land occupied by the Tide Mill Apartments; and bounded on the west by the Schumaker Glen Subdivision and lands of Monahan, McNaughton and Cuomo, in part; and bounded on the east by lands now or formerly owned by Annie G. Barkley and David L. Brown, in part. The two properties in the rezoning site are shown on Assessment Map No. 38 as Parcels 124 and 200 and are more specifically defined by a preliminary development plan approved by the Salisbury-Wicomico planning commission on August 21, 1986. (Prior code § 150-165.2)

Section 17.116.030 Permitted uses.
Permitted uses shall be as follows:
A. Cluster development, limited to one-story residential structures in two-unit and four-unit buildings as shown on the final development plan approved by the planning commission and incorporated herein by reference.* (Prior code § 150-165.3)

* Editor's Note: Said final development plan is on file in the office of the city clerk.

Section 17.116.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Home occupation;
    B. Home office;
    C. Family day-care home;
    D. Private garages and other accessory uses normally associated with residential use, such as, but not limited to, detached home workshop, swimming pool, cabana, greenhouse, private studio and boathouse, all of which shall be incidental to the use of the property as a residence;
    E. Storage of recreational vehicles and boats on residential lots, limited to two in any combination, in back of the front building setback line, where such recreation vehicles and boats are for use and enjoyment of the residents thereon;
    F. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-165.4)

Section 17.116.050 Development standards.
    Development standards for the planned residential district No. 1 shall be as follows:
    A. Minimum Lot Requirements.
    1. Lot area: three thousand seven hundred fifty (3,750) square feet average;
    2. Lot width: thirty-five (35) feet;
    3. Individual lot areas should be as shown on the subdivision plat incorporated herein by reference.*
    B. Minimum yard and perimeter requirements shall be as follows:
    1. Front: eighteen (18) feet;
    2. Rear: fifteen (15) feet;
    3. Side: five feet;
    4. Perimeter: twenty (20) feet.
    C. The height limitation shall be thirty-five (35) feet.
    D. Parking shall be provided in accordance with Chapter 17.196. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public streets. No storage of trucks or vans used in the conduct of a business shall be permitted.
    E. Landscaping. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and planted and maintained in accordance with Chapter 17.220.
    F. Signs. Signs shall be in accordance with Chapter 17.216, Section 17.216.060. (Prior code § 150-165.5)

* Editor's Note: The subdivision plat is on file in the office of the city clerk.

Section 17.116.060 Street standards.
A. Streets shall be designed and constructed in accordance with city standards and specific street profiles developed by the department of public works specifically for Spring Chase. These standards shall be provided at the time the final subdivision plat is submitted to the planning commission for review and approval.
B. The right-of-way for Edgewater Drive shall be as shown on the preliminary development plan as adopted by the city council. (Prior code § 150-165.6)

Section 17.116.070 Amendments.
Amendments to the preliminary development plan and the final development plan shall be in accordance with the procedures established in Chapter 17.204. (Prior code § 150-165.7)

Section 17.116.080 Final development plan.
A final development plan shall be prepared and submitted in accordance with Chapter 17.204, Section 17.204.070. (Prior code § 150-165.8)

Section 17.116.090 Control of development after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be consistent with the standards of Section 17.204.080. In the event that specific provisions are not addressed in this district, all other regulations of Title 17 of the city Code shall govern. (Prior code § 150-165.9)

Chapter 17.117

PLANNED RESIDENTIAL DISTRICT NO. 9--ST. ALBAN'S COMMONS

Sections:
    17.117.010 Purpose.
    17.117.020 Area of reclassification.
    17.117.030. Permitted uses.
    17.117.040 Accessory uses and structures.
    17.117.050 Development standards.
    17.117.060 Street standards.
    17.117.070 Amendments.
    17.117.080 Final development plan.
    17.117.090 Control of development during construction and after completion.
    17.117.100 Abrogation.

Section 17.117.010 Purpose.
The purpose of planned residential district No. 9 is to provide for the development of certain lands on the west side of Beaglin Park Drive, the north side of Glen Avenue, the east side of St. Alban's Drive and the south side of Mt. Hermon Road with a mixed-use development including a traditional neighborhood with a mix of housing types as well as four commercial pads. The development is designed in a manner that will provide open space, perimeter setbacks with berms and landscaping, and assure compatibility with this transitional neighborhood.
The following regulations have been designed to carry out these purposes and are further implemented in the approved preliminary development site plan and approved development standards plan dated December 29, 1998 and the preliminary development site plan dated 1/23/03. (Ord. 1880, 2003; Ord. 1716 (part), 1999)

Section 17.117.020 Area of reclassification.
The area to be rezoned as planned residential district No. 9 , St. Alban's Commons, consists of 27.1556 acres of land binding upon the west side of Beaglin Park Drive, the north side of Glen Avenue, the east side of St. Alban's Drive and the south side of Mt. Hermon Road, the same being as shown on the preliminary subdivision plat prepared by Frederick Ward Associates, Inc., dated December 29, 1998 (revision date) and a preliminary development plan prepared by parker and associates and dated 1/23/03. The site is further identified as Parcels No. 2504 and 2520 on city of Salisbury assessment map No. 109 and Parcel No. 2505, on city of Salisbury assessement map No. 121. (Ord. 1880, 2003; Ord. 1716 (part), 1999)

Section 17.117.030. Permitted uses.
    A. Permitted residential uses shall be as follows:
    1. Single-family, two-family, three-family or four-family buildings (townhomes).
    2. Condominium units.
    3. Apartment buildings.
    B. Permitted and special exception commercial uses shall be as follows:
    1. All those uses permitted inherently or by special exception in the neighborhood business district (Chapter 17.32). (Ord. 1716 (part), 1999)

Section 17.117.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Home occupation.
    B. Office within an apartment solely for the purpose of ongoing management.
    C. Public recreational facilities.
    D. Uses and structures clearly incidental to, customary to and associated with the permitted use. (Ord. 1716 (part), 1999)

Section 17.117.050 Development standards.
    Development standards for planned residential district No. 9 shall be as follows:
    A. Minimum Lot Requirements -- Townhouses.
    1. Lot area: two thousand five hundred (2,500) square feet.
    2. Lot width: twenty-five (25) feet.
    3. All other uses to be subdivided in accordance with the approved planned development district plan.
    B. Minimum Yard and Perimeter Requirements -- Townhouses.
    1. Front yard: twenty (20) feet.
    2. Front yard -- corner units: fifteen (15) feet.
    3. Side yard: twenty (20) feet between buildings.
    4. Rear yard: thirty (30) feet from rear lot line.
    5. Perimeter -- Beaglin Park Drive: twenty-five (25) feet from right-of-way.
    6. Perimeter -- St. Alban's Drive: twenty-five (25) feet from right-of-way.
    C. Minimum Yard and Perimeter Requirements -- Condominiums/Garden Apartments.
    1. Front yard: thirty (30) feet from right-of-way.
    2. Front yard -- setback from parking lot: twenty (20) feet.
    3. Side yard: twenty (20) feet (thirty-five (35) feet between buildings).
    4. Perimeter -- Beaglin Park Drive: thirty (30) feet from right-of-way.
    5. Perimeter -- St. Alban's Drive: thirty (30) feet from right-of-way.
    D. Minimum Yard and Perimeter Requirements -- Commercial Lots.
    1. Front yard: fifty (50) feet, except that the setback for Parcel No. 2505 shall be twenty-five (25) feet.
    2. Side yard: ten (10) feet.
    3. Residential setback: fifteen (15) feet.
    E. Density. The total number of units on the site shall not exceed those as specifically listed as follows:
    1. Townhouses: fifty-two (52).
    2. Garden apartments: one hundred twenty (120).
    3. Condominium units: seventy-two (72).
    4. Commercial lots: four.
    F. Height. Not to exceed thirty-five (35) feet or three stories.
    G. Parking.
    1. Townhouses: no less than one hundred two (102) spaces.
    2. Garden apartments: no less than two hundred sixteen (216) spaces.
    3. Condominium units: no less than one hundred thirty (130) spaces.
    4. Commercial lots: in accordance with Section 17.196 of the code.
    H. Landscaping and Open Space. Landscaping and open space, including perimeter berms and plantings, shall be provided in accordance with the preliminary development plan dated December 29, 1998, subject to any subsequent modifications thereto required by the Salisbury planning commission or city council. Landscaping of the commercial lots shall be provided in accordance with comprehensive development plans to be approved by the planning commission for each lot.
    I. Signs. Signs shall be installed in accordance with Section 17.216 of the Salisbury Municipal Code. (Ord. 1880, 2003; Ord. 1716 (part), 1999)

Section 17.117.060 Street standards.
Accessways and street entrances shall be provided as shown on the preliminary development site plan dated December 29, 1998 and a preliminary development site plan dated 1/23/03 subject to any subsequent modification thereto required by the city council or Salisbury department of public works, or the state highway administration and shown on the final development plan. (Ord. 1880, 2003; Ord. 1716 (part), 1999)

Section 17.117.070 Amendments.
Amendments to planned development district No. 9 shall be in accordance with the procedures established in Chapters 17.108, 17.112 and 17.228. (Ord. 1716 (part), 1999)

Section 17.117.080 Final development plan.
Development of the site shall be in general conformance with the approved comprehensive site plan and landscaping plan dated December 29, 1998 approved by the city council and a preliminary development plan dated 1/23/03 approved by the city council incorporating Parcel No. 2502 into St. Alban's Commons. The preliminary development site plan shall be recorded in the land records of Wicomico County.
A comprehensive development plan shall be approved by the planning commission for each commercial lot. Development of Parcel No. 2502 shall be subject to the subdivision covenants and restrictions and subsequent modifications as necessary for St. Alban's Commons PRD No. 9, execution of appropriate shared facilities agreements for stormwater management, and submission of an amended overall PRD site plan for St. Alban's Commons PRD No. 9 incorporating Parcel No. 2502 into the PRD.(Ord. 1880, 2003; Ord. 1716 (part), 1999)

Section 17.117.090 Control of development during construction and after completion.
Development of planned residential district No. 9 shall be controlled by the final development plan as approved by the planning commission and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17, Zoning, of the Salisbury Municipal Code shall govern. (Ord. 1716 (part), 1999)

Chapter 17.118

Planned Residential District No. 10--Ellington

Sections:
    17.118.010 Purpose.
    17.118.020 Area of Reclassification.
    17.118.030 Permitted uses.
    17.118.040 Accessory uses and structures.
    17.118.050 Development standards.
    17.118.060 Street standards.
    17.118.070 Amendments.
    17.118.080 Final development plan.
    17.118.090 Control of development during construction and after completion.

Section 17.118.010 Purpose.
The purpose of planned residential district No. 10 is to provide for the development of certain lands on the north side of Johnson Road with a cluster development. The development is designed in a manner that will provide open space and landscaping, and assure compatibility with this transitional neighborhood.
The following regulations have been designed to carry out these purposes and are further implemented in the approved preliminary development site plan and approved development standards plan dated 10/10/00. (Ord. 1792, 2001)

Section 17.118.020 Area of Reclassification.
The area to be rezoned as planned residential district No. 10 -- Ellington, consists of 8.44 acres of land binding upon the north side of Johnson Road, the east side of Tamarac Village, the south side of Parkside High School and the west side of lands now or formerly owned by Dorothy Smith, being the same as shown on the preliminary subdivision plat prepared by Chris Custis, dated 12/6/00. The site is further identified as part of Parcel No. 268 on County Tax Map No. 48. (Ord. 1792, 2001)

Section 17.118.030 Permitted uses.
Permitted uses shall be as follows:
A. Cluster development, limited to one or two-story residential structures in two-unit buildings as shown on the preliminary development Plan approved by the planning commission and recorded in the Land Records of Wicomico County. (Ord. 1792, 2001)

Section 17.118.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Home occupation;
    B. Home office;
    C. Family day-care home;
    D. Public recreational facilities;
    E. Uses and structures clearly incidental to and associated with the permitted use. (Ord. 1792, 2001)

Section 17.118.050 Development standards.
    Development standards for planned residential district No. 10 shall be as follows:
    A. Minimum lot requirements:
    1. Lot area: six thousand (6,000) sq. ft.;
    2. Lot width: forty (40) feet;
    3. Individual lot or building areas are as shown on the final subdivision plat.
    B. Minimum yard and perimeter requirements:
    1. Front yard: twenty (20) feet;
    2. Front yard -- corner units: fifteen (15) feet;
    3. Side yard: six feet (two required);
    4. Rear yard: twelve (12) feet from rear lot line.
    C. Density: The total number of units on the site shall not exceed the approved fifty-four (54) units.
    D. Height: Not to exceed thirty-five (35) feet or two stories.
    E. Parking. Parking shall be provided in accordance with Chapter 17.196. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public streets. No open lot storage of trucks or vans used in the conduct of a business shall be permitted.
    F. Landscaping and Open Space. Landscaping and open space, including perimeter berms and plantings, shall be provided in accordance with the preliminary development plan dated 10/10/00, subject to any subsequent modifications thereto required by the Salisbury planning commission or city council.
    G. Signs. A sign plan shall be approved by the planning and zoning commission for Ellington PRD No. 10. (Ord. 1792, 2001)

Section 17.118.060 Street standards.
Accessways and street entrances shall be provided as shown on the preliminary development site plan dated 11/29/00 subject to any subsequent modification thereto required by the city council or Salisbury department of public works and shown on the final development plan. (Ord. 1792, 2001)

Section 17.118.070 Amendments.
Amendments to planned development district No. 10 shall be in accordance with the procedures established in Chapters 17.108, 17.112, and 17.228. (Ord. 1792, 2001)

Section 17.118.080 Final development plan.
Development of the site shall be in general conformance with the approved preliminary comprehensive site plan and landscaping plan dated 10/10/00, approved by the city council. the preliminary development site plan shall be recorded in the land records of Wicomico County. (Ord. 1792, 2001)

Section 17.118.090 Control of development during construction and after completion.
Development of planned residential district No. 10 shall be controlled by the final development plan as approved by the planning commission and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17, Zoning, of the Salisbury Municipal Code shall govern. (Ord. 1792, 2001)

Proposed Rezoning - Ellington PRD #10 Map

Chapter 17.119

PLANNED DEVELOPMENT DISTRICT NO. 1--ROBETSON FARM

Sections:
    17.119.010 Purpose.
    17.119.020 Area of reclassification.
    17.119.030 Permitted uses.
    17.119.040 Accessory uses and structures.
    17.119.050 Development standards.
    17.119.060 Street standards.
    17.119.070 Amendments.
    17.119.080 Final development plan.
    17.119.090 Control of development during construction and after completion.

Section 17.119.010 Purpose.
The purpose of planned development district No. 1 is to provide for the development of certain lands on the northerly side of a U.S. Route 50 service road, both sides of the Northeast Collector Road, the southerly side of MD Route 346 (Old Ocean City Road) and the westerly side of lands now or formerly owned by Sylvia Brittingham Robertson, James Scott Robertson, et al., United Dominion Realty Trust, Inc., and Phillip Morris Drive Condominiums, with light business and select commercial uses in a business park type setting.
The following regulations have been designed to carry out these purposes and are further implemented in the approved preliminary development site plan and approved development standards plan dated February 19, 2003. (Ord. 1879 (part), 2004)

Section 17.119.020 Area of reclassification.
The area to be rezoned as planned development district No. 1--Robertson Farm, consists of 45.4 acres of land binding upon the northerly side of a U.S. Route 50 service road, both sides of the Northeast Collector Road, the southerly side of MD Route 346 (Old Ocean City Road) and the westerly side of lands now or formerly owned by Sylvia Brittingham Robertson, James Scott Robertson, et al., United Dominion Realty Trust, Inc., and Phillip Morris Drive Condominiums, being the same as shown on the preliminary subdivision plat prepared by ESP Design Services, Inc., and dated February 19, 2003. The site is further identified as part of Parcel No. 2577 on State City Tax Map No. 121. (Ord. 1879 (part), 2004)

Section 17.119.030 Permitted uses.
    Permitted uses shall be as follows:
    A.�Uses permitted inherently or by special exception in Chapter 17.28, Light Business and Institutional District;
    B.�Uses permitted inherently or by special exception in Chapter 17.32, Neighborhood Business District;
    C.�Uses permitted inherently in Chapter 17.44, Select Commercial District;
    D.�School of special instruction;
    E.�Hotel or motel. (Ord. 1879 (part), 2004)

Section 17.119.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A.�Communication towers for broadcasting and receiving not exceeding seventy-five (75) feet in height;
    B.�Day-care services for employees or patrons of a permitted use;
    C.�Uses and structures clearly incidental to, customary to and associated with the permitted use;
    D.�Gasoline pumps as an accessory use to a convenience store in accordance with Section 17.04.220;
    E.�Off-street parking lot or structure;
    F.�Off-street loading and unloading facilities;
    G.�Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use on a site, excluding the outside storage of materials and open lot display of any kind. (Ord. 1879 (part), 2004)

Section 17.119.050 Development standards.
    Development standards for planned development district No. 1 shall be as follows:
    A.�Approval Requirements. Prior to the development of any lot in the planned development district, a comprehensive development plan, including a sign plan, as defined in Section 17.04.120 and Chapter 17.180, shall be submitted to the planning commission for its review and approval. Notice of consideration of such plan for the development of lots numbered 1, 2, 3, 4, and 30 shall be provided by posting of the property, as described in Article III, �Public Notice.�
    B.�Minimum Lot Requirements.
    1.�Lot area: twenty-five thousand (25,000) square feet;
    2.�Lot width: eighty (80) feet;
    3.�Individual lot or building areas are as shown on the final subdivision plat.
    C.�Minimum Yard and Perimeter Requirements.
    1.�Front yard: twenty (20) feet;
    2.�Side yard: ten feet (two required);
    3.�Rear yard: fifteen (15) feet.
    D.�Density. The total number of lots on the site shall not exceed the approved thirty (30) lots.
    E.�Height.
    1.�Buildings on lots south of Sharen Drive and east of the collector and connector roads shall be limited to a height of fifty (50) feet except as approved by the Salisbury planning commission.
    2.�Buildings on lots north of Sharen Drive both east and west of the collector road, including Lot 30, shall be limited to a height of forty (40) feet except as approved by the Salisbury planning commission.
    F.�Parking shall be provided in accordance with Chapter 17.196. No open lot storage of trucks or vans used in the conduct of a business shall be permitted.
    G.�Landscaping and Open Space. Landscaping and open space, including perimeter plantings, shall be provided in accordance with the preliminary development plan dated February 19, 2003, subject to any subsequent modifications thereto required by the Salisbury planning commission or city council. Individual site landscaping shall be provided on a landscaping plan submitted in accordance with Chapter 17.180 as a part of the comprehensive development plan.
    H.�Signs. A sign plan shall be approved by the planning and zoning commission for each lot in Robertson Farm PDD No. 1 as a part of the comprehensive development plan. The sign standards for the light business and institutional district (Section 17.216.120) shall be used as a guide for such sign plans. (Ord. 1879 (part), 2004)

Section 17.119.060 Street standards.
Accessways and street entrances shall be provided as shown on the preliminary development site plan dated February 19, 2003, subject to any subsequent modification thereto required by the city council or Salisbury department of public works and shown on the final development plan. (Ord. 1879 (part), 2004)

Section 17.119.070 Amendments.
Amendments to planned development district No. 1 shall be in accordance with the procedures established in Chapters 17.108, 17.112 and 17.228. (Ord. 1879 (part), 2004)

Section 17.119.080 Final development plan.
Development of the site shall be in general conformance with the approved preliminary comprehensive site plan and landscaping plan dated February 19, 2003, approved by the city council. The preliminary development site plan shall be recorded in the land records of Wicomico County. (Ord. 1879 (part), 2004)

Section 17.119.090 Control of development during construction and after completion.
Development of planned development district No. 1 shall be controlled by the final development plan as approved by the planning commission and any amendments thereto and comprehensive development plans approved for individual site development. Where specific regulations are not addressed in this district, all other regulations of Title 17, Zoning, of the Salisbury Municipal Code shall govern. (Ord. 1879 (part), 2004)

Chapter 17.120

PLANNED RESIDENTIAL DISTRICT NO. 2--VILLAGE IN THE PARK

Sections:
    17.120.010 Purpose.
    17.120.020 Area of reclassification.
    17.120.030 Permitted uses.
    17.120.040 Accessory uses and structures.
    17.120.050 Development standards.
    17.120.060 Street standards.
    17.120.070 Amendments.
    17.120.080 Final development plan.
    17.120.090 Control of development after completion.

Section 17.120.010 Purpose.
The purpose of planned residential district No. 2 is to provide for the development of a triangular parcel of land fronting on Beaglin Park Drive and North Park Drive with sixteen (16) one-story units in a cluster-type development which provides approximately fifty-seven and seven-tenths (57.7) percent of the site retained in open space, negative traffic impact on Beaglin Park Drive through development design with no entrances or access from Beaglin Park Drive, a reduced public utility network and no public street maintenance through provision of private, on-site access drives. The following regulations are based on these purposes and the approved preliminary development plan and preliminary subdivision plat, which are in accordance with the zoning recommendations of the metro core comprehensive plan. (Prior code § 150-165.10)

Section 17.120.020 Area of reclassification.
The area to be rezoned as planned residential district No. 2--Village in the Park, consists of three and eighty-three thousandths (3.083) acres of land situated in the Parsons Election District, in the city of Salisbury, on the westerly side of and binding upon Beaglin Park Drive and on the easterly side of and binding upon North Park Drive; adjoining the land now or formerly owned by Keith E. Rinehart on the north, and the intersection of Beaglin Park and North Park Drives on the south. The site is shown on Assessment Map No. 38 as part of Parcels 161 and 310 and are more specifically defined by the preliminary development plan approved by the planning commission on March 11, 1987. (Prior code § 150-165.11)

Section 17.120.030 Permitted uses.
Permitted uses shall be as follows:
A. Cluster development limited to one-story, one-unit residential structures as shown on the final development plan as recorded in the land records of Wicomico County. (Prior code § 150-165.12)

Section 17.120.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Home occupation;
    B. Home office;
    C. Family day-care home;
    D. Private garages and other accessory uses normally associated with residential use, such as, but not limited to, detached home workshop, swimming pool, cabana, greenhouse and private studio, all of which shall be incidental to the use of the property as a residence;
    E. Storage of recreational vehicles and boats on residential lots, limited to two in any combination, in back of the front building setback line, where such recreation vehicles and boats are for use and enjoyment of the residents thereon;
    F. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-165.13)

Section 17.120.050 Development standards.
    Development standards for the planned residential district No. 2 shall be as follows:
    A. Minimum individually owned building area requirements:
    1. Each individual building area shall have an average land area of four thousand three hundred eighty-three (4,383) square feet;
    2. Individual building area lengths and widths shall be as shown on the final development plan and subdivision plat as approved by the Salisbury planning commission.
    B. Minimum building area and perimeter setback requirements shall be as follows:
    1. Front: as shown on the final development plan;
    2. Rear: as shown on the final development plan;
    3. Side: as shown on the final development plan;
    4. Perimeter: twenty (20) feet from Beaglin Park Drive and North Park Drive or as shown on the final development plan.
    C. The height limitation shall be thirty-five (35) feet.
    D. Parking shall be provided in accordance with Chapter 17.196. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public streets. No storage of trucks or vans used in the conduct of a business shall be permitted.
    E. Landscaping. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and planted and maintained in accordance with Chapter 17.220.
    F. Signs. Signs shall be in accordance with Chapter 17.216, Section 17.216.060. (Prior code § 150-165.14)

Section 17.120.060 Street standards.
The right-of-way for all interior accessways shall be as shown on the final development plan as adopted by the planning commission. (Prior code § 150-165.15)

Section 17.120.070 Amendments.
Amendments to the planned development district No. 2 shall be in accordance with the procedures established in Chapters 17.112, 17.204 and 17.228. (Prior code § 150-165.16)

Section 17.120.080 Final development plan.
A final development plan shall be prepared and submitted in accordance with Chapter 17.204, Section 17.204.070. (Prior code § 150-165.17)

Section 17.120.090 Control of development after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code shall govern. (Prior code § 150-165.18)

Chapter 17.124

PLANNED RESIDENTIAL DISTRICT NO. 2A--VILLAGE IN THE PARK, PHASE II

Sections:
    17.124.010 Purpose.
    17.124.020 Area of reclassification.
    17.124.030 Permitted uses.
    17.124.040 Accessory uses and structures.
    17.124.050 Development standards.
    17.124.060 Street standards.
    17.124.070 Amendments.
    17.124.080 Final development plan.
    17.124.090 Control of development during construction and after completion.

Section 17.124.010 Purpose.
The purpose of planned residential district No. 2A is to provide for the development of a parcel of land fronting on Beaglin Park Drive and North Park Drive with sixteen (16) one-story units in a cluster-type development which retains approximately sixty-one and six-tenths (61.6) percent of the site in open space, negative traffic impact on Beaglin Park Drive through development design with no entrances or access from Beaglin Park Drive, a reduced public utility network and no public street maintenance through provision of private, on-site access drives. The following regulations are based on these purposes and the approved preliminary development plan and preliminary subdivision plat, which are in accordance with the zoning recommendations of the metro core comprehensive plan.* (Prior code § 150-165.45)

* Editor's Note: The planned residential district No. 2A--Village in the Park, Phase II, map is included at the end of the chapter.

Section 17.124.020 Area of reclassification.
The area to be rezoned as planned residential district No. 2A --Village in the Park, Phase II, consists of five and one-hundredths (5.01) acres of land situated in the Parsons Election District, in the city of Salisbury, on the westerly side of and binding upon Beaglin Park Drive and on the easterly side of and binding upon North Park Drive; adjoining the land now or formerly owned by Keith E. Rinehart on the south, and the Beaglin Branch on the north. The site is shown on Assessment Map No. 38 as Parcel 310 and is more specifically defined on the preliminary subdivision plat prepared by Hampshire, Hampshire and Andrews, dated March 31, 1988, and approved by the planning commission on May 19, 1988. (Prior code § 150-165.46)

Section 17.124.030 Permitted uses.
Permitted uses shall be as follows:A. Cluster development limited to one-story, one-unit residential structures as illustrated on the final development plan as recorded in the land records of Wicomico County. (Prior code § 150-165.47)

Section 17.124.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Home occupation;
    B. Home office;
    C. Family day-care home;
    D. Private garages and other accessory uses normally associated with residential use, such as but not limited to detached home workshop, swimming pool, cabana, greenhouse and private studio, all of which shall be incidental to the use of the property as a residence;
    E. Storage of recreational vehicles and boats on individual building areas, limited to two in any combination, in back of the front building setback line, where such recreation vehicles and boats are for use and enjoyment of the residents thereon;
    F. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-165.48)

Section 17.124.050 Development standards.
    Development standards for the planned residential district No. 2A shall be as follows:
    A. Minimum Individually Owned Building Area Requirements.
    1. Each individual building area shall have an average land area of five thousand two hundred thirty and eight-tenths (5,230.8) square feet;
    2. Individual building area lengths and widths shall be as shown on the final development plan and final subdivision plat as approved by the Salisbury planning commission.
    B. Minimum individually owned building area and perimeter setback requirements shall be as follows:
    1. Building area: one foot from all property lines.
    2. Perimeter Building Setbacks.
    a. Twenty (20) feet minimum from curbline on North Park Drive;
    b. Seventeen (17) feet minimum from property line on Beaglin Park Drive;
    c. Twelve (12) feet from southerly property line;
    d. Northerly Property Line. Perimeter setback line shall be the southerly boundary of the natural area as shown on final plan and final subdivision plat.
    C. The height limitation shall be thirty-five (35) feet.
    D. Parking shall be provided in accordance with Chapter 17.196. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public or private streets. No storage of trucks or vans used in the conduct of a business shall be permitted.
    E. Landscaping. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and planted and maintained in accordance with Chapter 17.220.
    F. Signs. Signs shall be in accordance with Chapter 17.216. (Prior code § 150-165.49)

Section 17.124.060 Street standards.
The right-of-way for all interior accessways shall be twenty (20) feet and shall provide public access with private maintenance. (Prior code § 150-165.50)

Section 17.124.070 Amendments.
Amendments to the planned development district No. 2A shall be in accordance with the procedures established in Chapters 17.204, 17.112 and 17.728. (Prior code § 150-165.51)

Section 17.124.080 Final development plan.
A final development plan shall be prepared, submitted and approved by the planning commission in accordance with Chapter 17.204, Section 17.204.070. (Prior code § 150-165.52)

Section 17.124.090 Control of development during construction and after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code shall govern. (Prior code § 150-165.53)

Planned Residential District No. 2A - Village In The Park, Phase II Map

Chapter 17.128

PLANNED RESIDENTIAL DISTRICT NO. 3--HARBOR POINTE, PHASE I

Sections:
    17.128.010 Purpose.
    17.128.020 Area of reclassification.
    17.128.030 Permitted uses.
    17.128.040 Accessory uses and structures.
    17.128.050 Development standards.
    17.128.060 Street standards.
    17.128.070 Amendments.
    17.128.080 Final development plan.
    17.128.090 Control of development after completion.

Section 17.128.010 Purpose.
A. The purpose of planned residential district No. 3 is to provide for the development of certain lands between Pemberton Drive and the Wicomico River with a wide choice of housing types, large-lot, cluster and multifamily, in a planned and attractive natural environment. The total district is planned in four phases with private streets, public streets and large areas of natural open space as well as developed recreational facilities.
B. Phase I of Harbor Pointe provides for development of those lands along the Wicomico River with extremely low-density, large-lot residential development and provides a unique opportunity to preserve the water quality of the river and meet the intent of the establishment of a portion of those lands as a Chesapeake Bay critical area. (Prior code § 150-165.19)

Section 17.128.020 Area of reclassification.
The area to be rezoned as planned residential district No. 3--Harbor Pointe, Phase I, consists of one hundred forty (140) acres of land being part of land known as the "Bell Farm," situated in the city of Salisbury, Wicomico County, Maryland, on the northerly side of and binding upon the Wicomico River and southerly side of Pemberton Drive adjoining land known as "Cotton Patch" and binding upon the westerly property line of the city sewage treatment plant; the same being as shown on the preliminary subdivision plat of Phase I area prepared by Philip Parker & Associates, Inc., dated February 23, 1987. The site is shown on Assessment Map Nos. 37 and 47 as Parcels 304, 296, 297, 213 and 474. (Prior code § 150-165.20)

Section 17.128.030 Permitted uses.
Permitted uses shall be as follows:
A. Single-family dwellings. (Prior code § 150-165.21)

Section 17.128.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Uses and structures clearly incidental to and associated with single-family dwellings;
    B. Home office;
    C. Accessory dwelling, limited to not more than one per three-acre lot. (Prior code § 150-165.22)

Section 17.128.050 Development standards.
    Development standards for the planned residential district No. 3 shall be as follows:
    A. Minimum lot or building area requirements shall be as follows:

    1. Lot Area
acres Lot Width
(feet)

3.5 average 170

    2. Individual lot or building areas are as shown on the final subdivision plat.
    B. Minimum yard and perimeter requirements for all structures shall be as follows:
    1. Front: seventy-five (75) feet;
    2. Rear: thirty (30) feet;
    3. Side: ten feet;
    4. Perimeter: forty (40) feet, except where modified as follows:
    a. Critical areas: one hundred (100) feet from marsh line or high water mark of tidal waters,
    b. Salisbury sewage treatment property: one hundred fifty (150) feet from property line.
    C. The height limitation shall be thirty-five (35) feet.
    D. Parking shall be provided in accordance with Article XXXVI. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public streets. No open lot storage of trucks or vans used in the conduct of a business shall be permitted.
    E. Landscaping. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and planted and maintained in accordance with Chapter 17.220.
    F. Signs. Signs shall be in accordance with Chapter 17.216, Section 17.216.060. (Prior code § 150-165.23)

Section 17.128.060 Street standards.
Streets and accessways shall be designed and constructed in accordance with city standards and specific street profiles approved by the department of public works specifically for Harbor Pointe, Phase I. All private streets shall be for public access but private maintenance. These standards shall be provided at the time the final subdivision plat is submitted to the planning commission for review and approval. (Prior code § 150-165.24)

Section 17.128.070 Amendments.
Amendments to the planned development district No. 2 shall be in accordance with the procedures established in Chapters 17.112, 17.204 and 17.228. (Prior code § 150-165.25)

Section 17.128.080 Final development plan.
A final development plan shall be prepared, submitted and approved by the planning commission in accordance with Chapter 17.204, Section 17.204.070. (Prior code § 150-165.26)

Section 17.128.090 Control of development after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the planning commission and recorded in the land records of Wicomico County and all amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city code shall govern. (Prior code § 150-165.27)

Chapter 17.132

PLANNED RESIDENTIAL DISTRICT NO. 3A--HARBOR POINTE, PHASE II

Sections:
    17.132.010 Purpose.
    17.132.020 Area of reclassification.
    17.132.030 Permitted uses.
    17.132.040 Accessory uses and structures.
    17.132.050 Development standards.
    17.132.060 Street standards.
    17.132.070 Amendments.
    17.132.080 Final development plan.
    17.132.090 Control of development during construction and after completion.

Section 17.132.010 Purpose.
A. The purpose of planned residential district No. 3A is to provide for the development of certain lands between Pemberton Drive and the Harbor Pointe, Phase I, planned residential district No. 3, on the Wicomico River with a cluster development in a planned and attractive natural environment with large areas of open space.
B. Phase II of Harbor Pointe provides for development of those lands between the large lot development along the Wicomico River and Pemberton Drive with a low-density, residential development of clustered lots adjoining and connected by large areas of open space. A community recreation facility and continuation of the bridle path system established and approved in Phase I is also provided. (Prior code § 150-165.36)

Section 17.132.020 Area of reclassification.
The area to be rezoned as planned residential district No. 3A--Harbor Pointe, Phase II, consists of sixty-seven (67) acres of land being part of land known as the "Bell Farm," situated in the city of Salisbury, Wicomico County, Maryland, on the northerly side of and binding upon the Harbor Pointe, Phase I, planned residential district No. 3, and southerly side of Pemberton Drive; adjoining lands of Robert F. Bailey on the east and the lands of Wicomico County Historical Park and Harbor Pointe future Phases III and IV on the west; the same being as shown on the preliminary subdivision plat of the Phase II area prepared by Davis, Bowen & Friedel, Inc., dated March 1988, with the land surveyor of record, Philip Parker & Associates, noted thereon. The site is shown on Assessment Map No. 37 as parcels 304 and 296. (Prior code § 150-165.37)

Section 17.132.030 Permitted uses.
Permitted uses shall be as follows:A. Single-family dwellings. (Prior code § 150-165.38)

Section 17.132.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Uses and structures clearly incidental to and associated with single-family dwellings;
    B. Home office;
    C. Accessory building;
    D. Private recreational facilities. (Prior code § 150-165.39)

Section 17.132.050 Development standards.
    Development standards for the planned residential district No. 3 shall be as follows:
    A. Minimum Lot or Building Area Requirements.

   1. Lot Area
(square feet) Lot Width
(feet)

9,000 average; 40 minimum at

6,000 minimum front building

setback line

    2. Individual lot or building areas are as shown on the final subdivision plat.
    B. Minimum yard and perimeter requirements for all structures shall be as follows:
    1. Front: twenty-five (25) feet;
    2. Rear: thirty (30) feet; except ten feet where abutting open space;
    3. Side: ten feet; two required;
    4. Perimeter: forty (40) feet.
    C. The height limitation shall be thirty-five (35) feet.
    D. Parking shall be provided in accordance with Chapter 17.196. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public streets. No open lot storage of trucks or vans used in the conduct of a business shall be permitted.
    E. Landscaping. Landscaping shall be in accordance with the final landscaping plan as approved by the planning commission. All lot areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and planted and maintained in accordance with Chapter 17.220.
    F. Signs. Signs shall be in accordance with Chapter 17.216, Section 17.216.060. (Prior code § 150-165.40)

Section 17.132.060 Street standards.
Streets and accessways shall be designed and constructed in accordance with city standards and specific street profiles approved by the department of public works specifically for Harbor Pointe, Phase II. These standards shall be provided at the time the final subdivision plat is submitted to the planning commission for review and approval. (Prior code § 150-165.41)

Section 17.132.070 Amendments.
Amendments to the planned development district No. 3A shall be in accordance with the procedures established in Chapters 17.112, 17.204 and 17.228. (Prior code § 150-165.42)

Section 17.132.080 Final development plan.
A final development plan shall be prepared, submitted and approved by the planning commission in accordance with Chapter 17.204, Section 17.204.070. (Prior code § 150-165.43)

Section 17.132.090 Control of development during construction and after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code shall govern. (Prior code § 150-165.44)

Chapter 17.136

PLANNED RESIDENTIAL DISTRICT NO. 3B--HARBOR POINTE, PHASES III AND IV

Sections:
    17.136.010 Purpose.
    17.136.020 Area of reclassification.
    17.136.030 Permitted uses.
    17.136.040 Accessory uses and structures.
    17.136.050 Development standards.
    17.136.060 Street standards.
    17.136.070 Amendments.
    17.136.080 Final development plan.
    17.136.090 Control of development during construction and after completion.

Section 17.136.010 Purpose.
    A. The purpose of planned residential district No. 3B* is to provide for the development of certain lands between Pemberton Drive and the Harbor Pointe, Phase II, planned residential district No. 3A, with a multifamily development and a neighborhood business area in a planned and attractive natural environment with connection and continuation of the large area of open space in Phases I and II of Harbor Pointe planned residential district No. 3 and planned residential district No. 3A.
    B. Phase III provides for development of those lands between the community recreation area and cluster lots in Phase II and the neighborhood business area in Phase IV with a multifamily development in a mixture of one-, two- and three-story units, to be sold as condominiums.
    C. Phase IV provides for development of those lands along Pemberton Drive on the west side of Harbor Pointe Drive and north side of Phase III with a low-scale small neighborhood business area designed to primarily serve the residents of Harbor Pointe Drive. (Prior code § 150-165.54)

* Editor's Note: The planned residential district No. 3B--Harbor Pointe, Phases III and IV, Map is included at the end of this chapter.

Section 17.136.020 Area of reclassification.
The area to be rezoned as planned residential district No. 3B --Harbor Pointe. Phases III and IV, consists of twelve and forty-nine-hundredths (12.49) acres of land being part of land known as the "Bell Farm," situated in the city of Salisbury, Wicomico County, Maryland, on the northerly side of and binding upon the Harbor Pointe Phase II, planned residential district No. 3A and southerly side of Pemberton Drive; adjoining Harbor Pointe Drive and the community recreation area in Phase II, on the east and the lands of Wicomico County Historical Park on the west; the same being as shown on the preliminary subdivision plat of the Phases III and IV area prepared by Davis, Bowen & Friedel, Inc., dated May 1988, with the land surveyor of record, Philip Parker & Associates, noted thereon. The site is shown on Assessment Map No. 37 as Part of Parcels 304 and 296. (Prior code § 150-165.55)

Section 17.136.030 Permitted uses.
    A. Permitted uses shall be as follows for Phase III:
    1. Multifamily dwelling units as shown on the approved and recorded final development plan.
    B. Permitted uses shall be as follows for Phase IV:
    1. Uses listed in the neighborhood business district, Section 17.32.020.
    2. Day care center or nursery school in accordance with Chapter 17.220. (Ord. 1779, 2001; Prior code § 150-165.56)

Section 17.136.040 Accessory uses and structures.
    A. Accessory uses and structures shall be as follows for Phase III:
    1. Maintenance building;
    2. Gazebo;
    3. Uses clearly incidental to, customary to and associated with the permitted use.
    B. Accessory uses and structures shall be as follows for Phase IV:
    1. Kiosk;
    2. Uses clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-165.57)

Section 17.136.050 Development standards.
    Development standards for the planned residential district No. 3B shall be as follows:
    A. Minimum Lot or Building Area Requirements.
    1. Phase III: ten and twenty-four hundredths (10.24) acres as shown on the approved and recorded final development plan;
    2. Phase IV: two and two hundred forty-seven thousandths (2.247) acres as shown on the approved and recorded final development plan.
    B. Minimum Perimeter Setback Requirements.
    1. Minimum perimeter setback requirements for all structures shall be as follows:
    a. Phase III.
    i. Perimeter: forty (40) feet from west property line;
    ii. Harbor Pointe Drive: fifty (50) feet from property line;
    iii. Phase III recreation area: ten feet from property line;
    iv. Phase II cluster lots: thirty (30) feet from property line;
    v. Phase IV: thirty (30) feet from property line.
    b. Phase IV.
    i. Perimeter: one hundred (100) feet from west property line;
    ii. Pemberton Drive: fifty (50) feet from property line;
    iii. Harbor Pointe Drive: fifty (50) feet from property line;
    iv. Phase III: ten feet from property line.
    2. All other setbacks shall be as shown on the final development plan.
    C. Density requirements shall be as follows:
    1. Phase III: nine and thirty-eight hundredths (9.38) units per acre;
    2. Phase IV: ten thousand (10,000) square feet of building area for a neighborhood shopping center.
    D. Height requirements shall be as follows:
    1. Phase III: forty (40) feet;
    2. Phase IV: thirty (30) feet.
    E. Parking requirements shall be as follows:
    1. Phase III: one and one-half (1½) spaces per unit, plus twenty (20) percent for guest parking;
    2. Phase IV: one space per two hundred (200) square feet of floor area.
    F. Landscaping. Landscaping shall be in accordance with the final landscaping plan as approved by the planning commission.
    G. Sign requirements shall be as follows:
    1. Phase III: Signs shall be in accordance with Section 17.216.070;
    2. Phase IV: Signs shall be in accordance with Section 17.216.140. (Prior code § 150-165.58)

Section 17.136.060 Street standards.
    A. Accessways and street entrances shall be provided as shown on the final development plan as recorded.
    B. Entrances from Harbor Pointe Drive and Pemberton Drive shall be provided and constructed in accordance with the requirements of the city department of public works.
    C. A turning lane from Pemberton Drive to Phase IV shall be provided and constructed on the public right-of-way dedicated for the future widening of Pemberton Drive as required by the city director of public works. (Prior code § 150-165.59)

Section 17.136.070 Amendments.
Amendments to planned residential development district No. 3B shall be in accordance with the procedures established in Chapters 17.12, 17.204 and 17.228. (Prior code § 150-165.60)

Section 17.136.080 Final development plan.
A final development plan shall be prepared, submitted to and approved by the planning commission in accordance with Chapter 17.204, Section 17.204.070. (Prior code § 150-165.61)

Section 17.136.090 Control of development during construction and after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code shall govern. (Prior code § 150-165.62)

Planned Residential District No. 3B - Harbor Pointe, Phases III and IV Map

Chapter 17.140

PLANNED RESIDENTIAL DISTRICT NO. 4--GREEN-MOR VILLAGE

Sections:
    17.140.010 Purpose.
    17.140.020 Area of reclassification.
    17.140.030 Permitted uses.
    17.140.040 Accessory uses and structures.
    17.140.050 Development standards.
    17.140.060 Amendments.
    17.140.070 Final development plan.
    17.140.080 Control of development after completion.

Section 17.140.010 Purpose.
The purpose of planned residential district No. 4 is to provide for the development of a triangular site with frontage on Green-Mor Avenue and Princeton Avenue with fourteen (14) apartment units and eleven (11) single-family lots. This development is designed to provide a unique unified village infill development with apartments adjoining an existing apartment development and single-family lots across the street from single-family lots. More efficient and usable open space is provided by consolidating side yards and use of zero-lot-line development. Combined driveway entrances are used to reduce points of traffic conflict on Green-Mor Avenue. The following regulations have been designed to carry out this purpose and are further implemented in the approved preliminary comprehensive development plan and preliminary subdivision plat. This district and regulations therein are in accordance with the zoning recommendations of the metro core comprehensive plan. (Prior code § 150-165.28)

Section 17.140.020 Area of reclassification.
The area to be rezoned as planned residential district No. 4--Green-Mor Village consists of twelve (12) lots fronting on Green-Mor Avenue known as "Lots 1D through 12D, Block D, Green Estates subdivision"; and part of Parcel 392 shown on Wicomico County Assessment Map No. 48 and further defined as Lot 7D on the preliminary subdivision plat for resubdivision of Lot 7-D, Block D, Green Estates subdivision, prepared by Philip Parker and Associates, Inc., dated June 3, 1987. (Prior code § 150-165.29)

Section 17.140.030 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartments;
    B. Dwellings.
    1. Single-family detached,
    2. Semidetached. (Prior code § 150-165.30)

Section 17.140.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Home occupation;
    B. Home office;
    C. Family day-care home;
    D. Private garages and other accessory uses normally associated with residential use, such as but not limited to detached home workshop, swimming pool, cabana, greenhouse and private studio, all of which shall be incidental to the use of the property as a residence;
    E. Storage of recreational vehicles and boats on residential lots, limited to two in any combination, in back of the front building setback line, where such recreation vehicles and boats are for use and enjoyment of the residents thereon;
    F. Office within an apartment project solely for the purpose of ongoing management and rental or a temporary sales office in conjunction with model units until all units in project have been sold;
    G. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-165.31)

Section 17.140.050 Development standards.
    Development standards for the planned residential district No. 4 shall be as follows:A. Minimum lot requirements for single-family detached and semidetached dwellings shall be as follows:

   1. Lot Area
Average
(square feet)
Lot Width
(feet)

5,406 60

    2. Individual lot areas shall be as shown on the final subdivision plat.
    B. Minimum yard and perimeter requirements for all structures shall be as follows:
    1. Detached.
    a. Front: twenty-five (25) feet;
    b. Side: two sides totalling twenty (20) feet; three feet minimum for one side;
    c. Rear: seventeen (17) feet.
    2. Semidetached.
    a. Front: twenty-five (25) feet;
    b. Side: two sides, ten feet each side opposite the zero-lot line;
    c. Rear: seventeen (17) feet.
    3. Apartment buildings.
    a. Interior lot lines: as shown on site plan;
    b. District perimeter: thirty (30) feet.
    4. Accessory buildings for the following:
    a. Detached dwelling: five feet from side and rear property line;
    b. Semidetached dwelling: five feet from side rear property line and five feet from side property line opposite the zero-lot line;
    c. Apartment buildings: twenty-five (25) feet from property lines.
    C. The height limitation shall be thirty-five (35) feet.
    D. Density shall be not more than twelve (12) units per acre.
    E. Parking shall be provided in accordance with Chapter 17.196 and designed as specifically approved by the planning commission when the final comprehensive development plan is approved. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public streets. No open lot storage of trucks or vans used in the conduct of a business shall be permitted.
    F. Landscaping. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and planted and maintained in accordance with Chapter 17.220.
    G. Signs. Signs shall be in accordance with Chapter 17.216, Section 17.216.070. (Prior code § 150-165.32)

Section 17.140.060 Amendments.
Amendments to the planned development district No. 4 shall be in accordance with the procedures established in Chapters 17.112, 17.204 and 17.228. (Prior code § 150-165.33)

Section 17.140.070 Final development plan.
A final development plan shall be prepared, submitted and approved by the planning commission in accordance with Chapter 17.204, Section 17.204.070. (Prior code § 150-165.34)

Section 17.140.080 Control of development after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code shall govern. (Prior code § 150-165.35)

Chapter 17.144

PLANNED RESIDENTIAL DISTRICT NO. 5--JOSEPH HOUSE VILLAGE

Sections:
    17.144.010 Purpose.
    17.144.020 Area of reclassification.
    17.144.030 Permitted uses.
    17.144.040 Accessory uses and structures.
    17.144.050 Development standards.
    17.144.060 Street standards.
    17.144.070 Amendments.
    17.144.080 Final development plan.
    17.144.090 Control of development during construction and after completion.

Section 17.144.010 Purpose.
A. The purpose of planned residential district No. 5 is to provide for the development of certain lands on the east side of Lake Street and the west side of Johnson Pond with a multifamily development primarily for housing the homeless in emergency situations and on a short-term basis while preparing them for reentrance into the community. The development is designed with primarily one-story units in an attractive, well-planned manner with open space areas along the pond and perimeter berming and landscaping to assure compatibility with nearby residential neighborhoods.
B. The following regulations have been designed to carry out this purposes and are further implemented in the approved preliminary development plan and preliminary subdivision plat. This district and regulations therein are in accordance with the zoning recommendations of the metro core comprehensive plan. (Prior code § 150-165.63)

Section 17.144.020 Area of reclassification.
The area to be rezoned as planned residential district No. 5--Joseph House Village consists of five and one-tenth (5.1) acres of land binding upon the easterly side of Lake Street and the westerly side of Johnson Pond; the same being as shown on the survey and resubdivision prepared by Oswald Hilderson, surveyor, on February 2, 1990, and recorded in the Land Records MSB8 on July 28, 1990. The site is further identified on Map No. 165 of the city map book as Parcels 366, 82 and 142. (Prior code § 150-165.64)

Section 17.144.030 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartment buildings;
    B. Community building;
    C. Cloister housing. (Prior code § 150-165.65)

Section 17.144.040 Accessory uses and structures.
    Accessory use and structures shall be as follows:
    A. Day care, health services, job counseling and training for residents of Joseph House Village, planned residential district No. 5;
    B. Uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-165.66)

Section 17.144.050 Development standards.
    Development standards for the planned residential district No. 5 shall be as follows:
    A. Minimum Land Area Requirements for the Total Development.
    1. Five and zero-tenths (5.0) acres as shown on the record survey and resubdivision prepared by Oswald Hilderson and further described in Section 17.144.020;
    2. Minimum perimeter setback: forty (40) feet;
    3. Minimum distance between buildings: thirty (30) feet;
    4. Density: not to exceed seventeen (17) units per acre;
    5. Height: not to exceed thirty-five (35) feet;
    6. Parking: no fewer than eighty-eight (88) spaces minimum for the total development;
    7. Landscaping and Open Space.
    a. Open space and perimeter landscaping shall be provided at a minimum as shown on the comprehensive site plan approved by the city council.
    b. All areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and planted and maintained in accordance with Chapter 17.220.
    8. Signs. Signs shall be in accordance with Section 17.216.070. (Prior code § 150-165.67)

Section 17.144.060 Street standards.
    A. Accessways and street entrances shall be provided as shown on the final development plan approved by the planning commission.
    B. Entrances from Lake Street shall be provided and constructed in accordance with the requirements of the city department of public works.
    C. A strip of land along Lake Street as required by the city department of public works shall be dedicated to the city of Salisbury for street right-of-way. (Prior code § 150-165.68)

Section 17.144.070 Amendments
Amendments to the planned development district No. 5 shall be in accordance with the procedures established in Chapters 17.112, 17.204 and 17.228. (Prior code § 150-165.69)

Section 17.144.080 Final development plan.
Development of the site shall be in general conformance with the approved comprehensive site plan. A final development plan, including the specific details of the development, shall be prepared, submitted and approved by the planning commission in accordance with Section 17.108.100. (Prior code § 150-165.70)

Section 17.144.090 Control of development during construction and after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan or plans as approved by the planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code or any other regulation shall govern. (Prior code § 150-165.71)

Chapter 17.148

PLANNED RESIDENTIAL DISTRICT NO. 6--MALLARD LANDING

Sections:
    17.148.010 Purpose.
    17.148.020 Area of reclassification.
    17.148.030 Permitted uses.
    17.148.040 Accessory uses and structures.
    17.148.050 Development standards.
    17.148.060 Street standards.
    17.148.070 Amendments.
    17.148.080 Final development plan.
    17.148.090 Control of development during construction and after completion.

Section 17.148.010 Purpose.
A. The purpose of Planned Residential District No. 6 is to provide for the development of certain lands on the east end of South Schumaker Drive between Schumaker Pond and Johnson Road with a full-service, retirement community. The development is designed in a manner that will preserve open spaces along Schumaker Pond, and to provide perimeter setbacks with berms and landscaping, to ensure compatibility with nearby residential neighborhoods.
B. The following regulations have been designed to carry out these purposes and are further implemented in the final development site plan dated May 19, 1997, as approved by the Salisbury planning commission. (Ord. 1659 § 1, 1997; Ord. 1613 § 1, 1995: prior code § 150-165.72)

Section 17.148.020 Area of reclassification.
The area to be rezoned as planned residential district No. 6--Mallard Landing, consists of twenty-nine and three hundredths (29.03) acres of land binding upon the south side of Schumaker Pond, the north side of Johnson Road, east side of Highland Park Subdivision and west side of Maddox Branch; the same being as shown on the preliminary subdivision plat prepared by BM²OR Maryland Register Land Surveyors, dated April 18, 1997. The site is further identified as Parcel No. 531 on Wicomico County Assessment Map No. 48. (Ord. 1659 § 2, 1997: prior code § 150-165.73)

Section 17.148.030 Permitted uses.
    Permitted uses shall be as follows:
    A. Single-family, two-family, three-family or four-family buildings;
    B. Apartment buildings;
    C. Day-care center or facility;
    D. Health-care/nursing home center. (Ord. 1659 § 3, 1997; prior code § 150-165.74)

Section 17.148.040 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Dining room and food preparation service facilities, administrative offices, medical services, multipurpose rooms, library, health club facilities, recreational grounds and facilities, laundry facilities, workshop, lounge, greenhouse, beauty/barber shop and gift/coffee shop, storage or maintenance buildings;
    B. Uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-165.76)

Section 17.148.050 Development standards.
    Development standards for the planned residential district No. 6 shall be as follows:
    A. Minimum Land Area Requirements. The total development site shall consist of three parcels totaling twenty-nine and three hundredths (29.03) acres, as shown on the preliminary subdivision plat prepared by BM²OR and dated April 18, 1997 as follows:
    1. Parcel No. 1--18.33 acres.
    2. Parcel No. 2--8.74 acres.
    3. Parcel No. 3--1.96 acres.
    B. Minimum Perimeter Setbacks, Principal Buildings.
    1. Sixty (60) feet from the Schumaker Park property line;
    2. Thirty (30) feet from future street, sixty (60) feet from the right-of-way adjoining Highland Park;
    3. Eighty (80) feet from the Johnson Road right-of-way;
    4. Eighty (80) feet from the nontidal wetlands line adjoining Maddox Branch and Schumaker Pond, except that the nursing home/health-care home may be no closer than forty (40) feet to any nontidal wetlands line.
    C. Minimum Distance Between Buildings.
    1. Minimum distance between apartment buildings: thirty (30) feet.
    2. Minimum distance between duplex/cottage buildings: fifteen (15) feet.
    D. Density. The total number of units on the site shall not exceed those as specifically listed as follows:
    1. Seventy-eight (78) unit assisted living facility;
    2. One hundred fourteen (114) units: apartment buildings;
    3. Forty-two (42) units: one-family, two-family, three-family or four-family cottages.
    E. Height:
    1. Apartment buildings and adjoining Schumaker Pond and Maddox Branch: not to exceed forty-one (41) feet maximum height to the middle of the roof at the parking lot level, and fifty-two (52) feet to the middle of the roof at the Schumaker Pond level;
    2. Apartment buildings (clustered cottage type), day-care center and health-care/nursing home center: not to exceed thirty-five (35) feet.
    F. Parking.
    1. One-family, two-family, three-family or four-family buildings or clustered cottages: no less than two parking spaces per unit;
    2. Apartment buildings adjoining Schumaker Pond and Maddox Branch: no less than a total of one space per unit;
    3. Apartment buildings (clustered cottage type): no less than two parking spaces per unit;
    4. Assisted living facility: no less than one-half space per bed;
    5. Health center: no less than one space per two hundred (200) square feet;
    G. Landscaping and Open Space. Landscaping and open space, including tree retention, nontidal wetlands buffer, nature trail, perimeter plantings and screening shall be in accordance with the final development site plan dated May 19, 1997, subject to any subsequent modifications thereto required by the planning commission.
    H. Signs. Signs shall be in accordance with Section 17.216.070. The Mallard Landing entrance sign on South Schumaker Drive and the Mallard Landing identification sign at the Johnson Road service entrance shall be the only permitted identification signage for planned residential district No. 6. (Ord. 1799, 2001; Ord. 1711, 1999; Ord. 1659 § 4, 1997; Ord. 1613 § 2, 1995; prior code § 150-165.76)

Section 17.148.060 Street standards.
    A. Accessways and street entrances shall be provided as shown on the final development site plan dated May 19, 1997, subject to any subsequent modification thereto required by the city council or department of public works and shown on the final development plan as approved by the planning commission.
    B. A sixty-foot right-of-way for a future public street shall be provided adjoining the Highland Park subdivision for dedication to the appropriate governmental jurisdiction, upon written request of either jurisdiction.
    C. A ten-foot-wide strip of land along Johnson Road shall be dedicated to the City of Salisbury for road-widening purposes, with an additional five-foot adjoining easement for possible future sidewalk and utility purposes. (Ord. 1659 § 5, 1997; prior code § 150-165.77)

Section 17.148.070 Amendments.
Amendments to the planned development district No. 6 shall be in accordance with the procedures established in Chapters 17.108, 17.112 and 17.228. (Prior code § 150-165.78)

Section 17.148.080 Final development plan.
Development of the site shall be in general conformance with the approved final development comprehensive site plan and landscape plan, dated May 19, 1997, as approved by the Salisbury planning and zoning commission. The final development site plan dated May 19, 1997, as approved by the Salisbury planning and zoning commission, shall be recorded in the land records of Wicomico County. (Ord. 1659 § 6, 1997: Ord. 1613 § 3, 1995: prior code § 150-16579)

Section 17.148.090 Control of development during construction and after completion.
Development of planned residential district No. 6 shall be controlled by the final development plans as approved by the planning commission and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of Title 17 of the city Code shall govern. (Prior code § 150-165.80)

Chapter 17.150

PLANNED RESIDENTIAL DISTRICT NO. 7--AYDELOTTE FARM

Sections:
    17.150.010 Purpose.
    17.150.020 Area of reclassification.
    17.150.030 Permitted uses.
    17.150.040 Accessory uses and structures.
    17.150.050 Development standards.
    17.150.060 Street standards.
    17.150.070 Special conditions.
    17.150.080 Amendments.
    17.150.090 Final development plan.
    17.150.100 Control of development during construction and after completion.

Section 17.150.010 Purpose.
    A. The purpose of planned residential district No. 7 is to provide for the development of the Aydelotte Farm with a planned community consisting of a variety of housing types and minor neighborhood service uses located in harmony with the natural features of the site. The development is designed to preserve natural wooded slope areas along two on-site streams, to preserve non-tidal wetland areas, and to provide a nine acre intensive use recreational area as part of one hundred thirty-three acres of planned open space and recreation.
    B. The development further provides right-of-way for and is further designed to accommodate a major collector road that is included in the northeast metro core development management plan and identified as the north-east collector.
    C. The following regulations have been designed to carry out these purposes and are further implemented on the development standards plan dated July 15, 1992, as approved by the mayor and city council. (Ord. 1569 (part), 1993)

Section 17.150.020 Area of reclassification.
The area to be rezoned as planned residential district No. 7--Aydelotte Farm, consists of one hundred seventy-five acres of land, more or less, located at the northerly terminus of existing Aydelotte Road and also on the north side of Middle Neck Drive Extended, Peggy Branch, west side of Parkhurst Manor and Kathleen's Delight subdivisions, south side of Nottingham Woods subdivision, and Gordy Road Extended and east side of Middle Neck Branch; the same being as shown on the preliminary subdivision plat prepared by Davis, Bowen, and Friedel, Inc., dated July 15, 1992. (Ord. 1569 (part), 1993)

Section 17.150.030 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartment buildings, townhouses, cluster developments, in accordance with Chapter 17.176;
    B. Dwellings, one and two family; patio dwellings;
    C. Neighborhood business uses, as set forth in Chapter 17.32;
    D. Park and playground, public and private;
    E. Other uses as permitted in an R-10 residential district as listed in Chapter 17.156. (Ord. 1569 (part), 1993)

Section 17.150.040 Accessory uses and structures.
A. Residential accessory uses, as set forth in Chapters 17.156 and 17.160;
B. Uses and structures clearly incidental or customary to, associated with any permitted use. (Ord. 1569 (part), 1993)

Section 17.150.050 Development standards.
    A. Individual Parcel Standards.
    1. Parcel A--Recreation or Residential Alternative Uses.
    a. Minimum land area: eight acres;
    b. Setbacks shall be not less than:
    i. Street: twenty-five (25) feet;
    ii. PRD perimeter: thirty (30) feet;
    iii. 100-year flood plain: ten feet;
    iv. Adjoining NE metro core collector road: fifty (50) feet;
    c. Height: thirty-five (35) feet maximum;
    d. Parking: In accordance with the requirements of Chapter 17.220;
    e. Residential standards alternative: the same as Parcel B.
    2. Parcel B--Residential.
    a. Minimum land area: six acres;
    b. Density: Not to exceed seven units/acre;
    c. Height: thirty-five feet maximum;
    d. Distance between buildings: thirty feet minimum;
    e. Setbacks shall be not less than:
    i. Street: twenty-five (25) feet;
    ii. PRD perimeter: thirty (30) feet;
    iii. 100-year flood plain: ten feet;
    iv. Adjoining NE metro core collector road: fifty (50) feet;
    f. Parking: 1.8 spaces per unit minimum.
    3. Parcel C--Residential--Single Family Detached.
    a. Minimum land area: eighteen acres;
    b. Density: Not to exceed three units/acre;
    c. Height: thirty-five feet maximum;
    d. Setbacks shall be not less than:
    i. Front: twenty-five (25) feet;
    ii. Side: ten feet;
    iii. Rear: thirty (30) feet;
    iv. 100-year flood plain: ten feet.
    e. Lot Area: ten thousand (10,000) sq. ft. minimum;
    f. Lot Width: Interior Lots: seventy (70) feet minimum;Corner Lots: eighty-five (85) feet minimum.
    g. Parking: two spaces per unit minimum.
    4. Parcel D--Residential.
    a. Minimum land area: six acres;
    b. Density: Not to exceed four units/acre;
    c. Height: thirty-five (35) feet maximum;
    d. Distances between buildings: thirty (30) feet minimum;
    e. Setbacks shall not be less than:
    i. Street: twenty-five (25) feet;
    ii. Side: ten feet;
    iii. 100-year flood plain: ten feet;
    f. Parking: 1.8 spaces per unit minimum.
    5. Parcel E--Residential.
    a. Minimum land area: seven acres;
    b. Density: not to exceed ten units/acre;
    c. Height: thirty-five (35) feet maximum;
    d. Distance between buildings: thirty (30) feet minimum;
    e. Setbacks shall be not less than:
    i. Street: twenty-five (25) feet.
    ii. Side: ten feet.
    iii. 100-year flood plain: ten feet.
    f. Parking: 1.8 spaces per unit minimum.
    6. Parcel F--Residential.
    a. Minimum land area: thirteen (13) acres;
    b. Density: not to exceed sixteen (16) units/acre;
    c. Height: forty-five (45) feet maximum;
    d. Distance between buildings: thirty (30) feet minimum;
    e. Setbacks shall be not less than:
    i. Street: twenty-five (25) feet;
    ii. Side: ten feet;
    iii. 100-year flood plain: ten feet;
    iv. Adjoining NE Metro Core Collector Road: fifty feet.
    f. Parking: 1.8 spaces per unit minimum.
    7. Parcel G--Residential.
    a. Minimum land area: thirteen (13) acres;
    b. Density: not to exceed seven units/acre.
    c. Height: thirty-five (35) feet maximum;
    d. Distance between buildings: thirty (30) feet minimum;
    e. Setbacks shall be not less than:
    i. Street: twenty-five (25) feet;
    ii. Side: ten feet;
    iii. 100-year flood plain: ten feet;
    f. Parking: 1.8 spaces per unit minimum.
    8. Parcel H--Recreation.
    a. Minimum land area: ten acres;
    b. Setbacks shall be not less than:
    i. Street: twenty-five (25) feet;
    ii. Side: twenty-five (25) feet;
    c. Height: thirty-five (35) feet maximum;
    d. Parking: In accordance with the requirements of Section 17.196.030.
    9. Parcel I--Residential/Neighborhood Business.
    a. Minimum land area: seven acres;
    b. Density not to exceed:
    i. Residential: seventeen (17) units/acre;
    ii. Neighborhood business: fifty thousand (50,000) square feet gross floor area;
    c. Height: sixty-five (65) feet maximum;
    d. Distance between buildings: thirty (30) feet minimum;
    e. Setbacks shall be not less than:
    i. Street: twenty-five (25) feet;
    ii. Side: twenty-five (25) feet;
    f. Parking:
    i. Residential: 1.8 spaces per unit minimum.
    ii. Neighborhood business: a minimum of one space/three hundred (300) sq. ft. of floor area used for such uses.
    10. Parcel J--Residential.
    a. Minimum Land Area: seven acres;
    b. Density: not to exceed fifteen (15) units/acre;
    c. Height: thirty-five (35) feet maximum;
    d. Distance between buildings: thirty (30) feet minimum;
    e. Setbacks shall be not less than:
    i. Street--twenty-five (25) feet;
    ii. Side: ten feet
    iii. 100-year flood plain: ten feet;
    iv. Adjoining NE metro core collector road: fifty feet;
    f. Parking: 1.8 spaces per unit minimum.
    11. Parcel K--Residential.
    a. Minimum land area: four acres;
    b. Density: not to exceed seventeen (17) units/acre;
    c. Height: thirty-five (35) feet maximum;
    d. Distance between buildings: thirty (30) feet minimum;
    e. Setbacks shall be not less than:
    i. Front yard: twenty-five (25) feet;
    ii. Side yard: ten feet;
    iii. 100-year flood plain: ten feet;
    f. Parking: 1.8 spaces per unit minimum.
    12. Parcel L--Residential.
    a. Minimum land area: seven acres;
    b. Density: not to exceed nine units/acre;
    c. Height: thirty-five (35) feet maximum;
    d. Distance between buildings: thirty (30) feet minimum;
    e. Setbacks shall be not less than:
    i. Front: twenty-five (25) feet;
    ii. 100-year floodplain: ten feet;
    iii. Adjoining NE metro core collector road: fifty (50) feet;
    f. Parking: 1.8 spaces per unit minimum.
    B. Building Entrance Location. All entrances to apartment buildings shall be no greater than eighty (80) feet from a parking lot. Fire hydrants shall be installed as required by city policy.
    C. Landscaping. A detailed landscaping plan shall be submitted with each phase of the development. Landscaping shall generally be in accordance with the preliminary landscaping plan--C1.5--as approved by the planning commission and the more detailed landscaping requirements in Section G, Landscaping, contained in the General Explanation of Character of Development, Section I, Preliminary Development Plan Submission, dated September 20, 1991.
    D. Open Space. Open space shall be provided as shown on the open space plan--C1.4--dated 7/15/92. Details of open space, use, access, and development areas shall be shown on final development plans for each phase of development.
    E. Architectural Elevations. Architectural elevations for each building shall be submitted with final development plans for each phase of development.
    F. Subdivision Plat, Community Association, and Condominium Documents. A final subdivision plat shall be submitted with final development plans for each parcel. The overall Aydelotte Community Association documents regarding maintenance of open space identified on the open space plan--C1.4, dated 7/15/92, shall be approved by the planning commission and recorded with the final subdivision plat for the first parcel of development. Individual condominium and homeowner's association documents shall be approved by the planning commission and recorded for each parcel of development.
    G. Signs. Signs shall be in accordance with Sections 17.216.060, 17.216.070 and 17.216.140.
    H. Accessory Buildings and Structures.
    1. No part of any accessory building or structure shall be located closer than five feet to a rear, side, or floodplain line. On a corner lot, no accessory building shall be located closer than twenty-five (25) feet to the curbline of an abutting street.
    2. No accessory building shall occupy more than fifty (50) percent of a required rear or side yard on a single family residential lot.
    3. A swimming pool may be located in the side or rear yard no closer than twenty-five (25) feet to a street right-of-way. The combined total lot coverage of a swimming pool and all accessory buildings and structures shall not exceed seventy-five (75) percent of the required rear yard or side yard area. (Ord. 1569 (part), 1993)

Section 17.150.060 Street standards.
    A. Streets and temporary access shall be provided as shown on the Preliminary Subdivision Plat dated July 15, 1992, subject to any subsequent modification thereto required by the city council or city department of public works.
    B. All streets shall be developed in accordance with standards and profiles required or approved by the city department of public works.
    C. Aydelotte Road north of Middle Neck Drive shall be used as an access during Phase I. Additionally, at the commencement of Phase I, the developer will provide an easement, to the city's benefit, for the extension of Middle Neck Drive. Upon completion of Phase I, the developer will come back to the city council for a decision whether to close Aydelotte Road and/or extend Middle Neck Drive. Any such decisions shall be at an advertised public meeting of the city council. (Ord. 1569 (part), 1993)

Section 17.150.070 Special conditions.
    A. The recreation area shown as Parcel H on the development standards plan shall be developed with at least one basketball court and one tennis court by the end of development of Phase I. The recreation area shall be completed by the end of development of Phase III.
    B. Parkhurst Drive on the east side of the site shall be terminated at the property line of Aydelotte Farm and blocked with a berm or permanent landscaping before construction of Phase I, except that such berm or landscaping shall be in a manner so as to permit access for agricultural-use vehicles until the cessation of agricultural operations or the commencement of construction on Parcel C.
    C. The forty (40) foot private right-of-way (handle) on the east side of the site to Parker Road shall be conveyed to any adjoining property owners willing to accept the additional land by no later than the end of development of Parcel C.
    D. The owners of the site shall provide in fee simple a right-of-way of eighty (80) feet for the public construction of the new major northeast collector road through the site and a sixty-foot right-of-way for the extension of Middle Neck Drive to the new collector road.
    E. In the event that Parcel A is not utilized as a public recreation area, the parcel may be developed as residential in accordance with the same standards as Parcel B as defined in Section 17.150.050. (Ord. 1569 (part), 1993)

Section 17.150.080 Amendments.
Amendments to planned development district No. 7 shall be in accordance with the provisions of Section 17.108.090 of the city Code. (Ord. 1569 (part), 1993)

Section 17.150.090 Final development plan.
A. The comprehensive site development plan dated July 15, 1992, as approved by the planning commission together with the development standards plan, and the open space plan, dated July 15, 1992, shall be recorded in the land records of Wicomico County. Development of the site shall be in general conformance with these plans.
B. A final development plan for each parcel of development or any proposed phase of the development shall be submitted to and approved by the planning commission in accordance with Section 17.108.100. (Ord. 1569 (part), 1993)

Section 17.150.100 Control of development during construction and after completion.
A. Specific development of planned residential district No. 7 shall be controlled by the final development plans as approved by the planning commission and any amendments thereto.
B. Where specific regulations are not addressed in this chapter, all other regulations of Title 17 shall govern. In the event of any conflict between the provisions of this chapter and other provisions of Title 17, the requirements of this chapter shall apply. (Ord. 1569 (part), 1993)

Chapter 17.151

PLANNED RESIDENTIAL DISTRICT NO. 8--AVALON RETIREMENT COMMUNITY

Sections:
    17.151.010 Purpose.
    17.151.020 Area of reclassification.
    17.151.030 Permitted uses.
    17.151.040 Accessory uses and structures.
    17.151.050 Development standards.
    17.151.060 Street standards.
    17.151.070 Amendments.
    17.151.080 Final development plan.
    17.151.090 Control of development during construction and after completion.

Section 17.151.010 Purpose.
The purpose of planned residential development No. 8* is to provide for the development of certain lands east of Dickerson Lane, binding upon the north side of Oliphant Drive and the south side of Troopers Way, as a retirement community consisting of one hundred two (102) apartment units. The development is designed in a manner that will provide perimeter setbacks and forested open spaces that will provide future natural buffers from adjoining residential and commercial development.
The following regulations have been designed to carry out these purposes and are further implemented in the approved preliminary development site plan and approved development standards plan dated May 21, 1996. (Ord. 1639 (part), 1996)

* Editor's Note: The planned residential district No. 8 Map is included at the end of this chapter.

Section 17.151.020 Area of reclassification.
The area to be rezoned as planned residential district No. 8--Avalon Retirement Community, consists of 14.47 acres now or formerly owned by Commercial Investment Partnership situated in the Parsonsburg election district in the city of Salisbury, Maryland. The site is bounded on the north by Troopers Way (formerly Shockley Drive), on the east by Avalon Park subdivision, on the south by Oliphant Drive (unimproved) and on the west by other lands of Commercial Investment Partnership. The property of the rezoning site is shown on Assessment Map No. 20 as part of Parcel No. 177 and is more specifically defined on a preliminary development plan approved by the Salisbury-Wicomico County planning and zoning commission on June 20, 1996 as attached hereto and made a part hereof. (Ord. 1639 (part), 1996)

Section 17.151.030 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartments;
    B. Townhouses;
    C. Duplex;
    D. Multifamily units;
    E. Single-family detached. (Ord. 1639 (part), 1996)

Section 17.151.040 Accessory uses and structures.
Accessory uses and structures shall be as follows:
A. Accessory uses and structures clearly incidental to, customary to, and associated with the permitted use. (Ord. 1639 (part), 1996)

Section 17.151.050 Development standards.
    Development standards for planned residential district No. 8 shall be as follows:
    A. Minimum Lot or Building Area Requirements.
    1. Fourteen and forty-seven hundredths (14.47) acres as shown on the approved and recorded final development plan.
    B. Minimum Setback Requirements.
    1. Minimum perimeter setback for all buildings and structures shall be forty (40) feet from the property line as shown on the approved and recorded final development plan.
    2. Minimum building setback from the right-of-way of Troopers Way shall be thirty (30) feet as shown on the approved and recorded final development plan.
    3. All other setbacks shall be as shown on the final development plan.
    C. Density requirements shall be as follows:
    1. Not more than seven units per acre.
    D. Height requirements shall be as follows:
    1. Thirty-five (35) feet.
    E. Parking requirements shall be as follows:
    1. One and one-half parking spaces per unit, plus twenty (20) percent for guest parking.
    F. Landscaping. Landscaping shall be in accordance with the final landscaping plan as approved by the planning commission.
    G. Signs shall be in accordance with Section 17.216.070. (Ord. 1639 (part), 1996)

Section 17.151.060 Street standards.
    A. Accessways and streets shall be provided as shown on the final development plan.
    B. Troopers Way shall be developed in accordance with city street standards.
    C. In the event that all property owners abutting the remaining unimproved right-of-way of Troopers Way extending easterly to the Avalon Park subdivision agree to close this portion of the right-of-way, the developers will also agree to close its portion of the right-of-way as well. (Ord. 1639 (part), 1996)

Section 17.151.070 Amendments.
Amendments to planned residential district No. 8 shall be in accordance with the procedures established in Chapters 17.112, 17.204 and 17.228. (Ord. 1639 (part), 1996)

Section 17.151.080 Final development plan.
A final development plan shall be prepared, submitted to, and approved by the Salisbury planning commission in accordance with Section 17.204.070. (Ord. 1639 (part), 1996)

Section 17.151.090 Control of development during construction and after completion.
Once the preliminary development plan and all related development controls are adopted by the city council, development of the area shall be controlled by the final development plan as approved by the Salisbury planning commission and recorded in the land records of Wicomico County and any amendments thereto. Where specific regulations are not addressed in this district, all other regulations of this chapter shall govern. (Ord. 1639 (part), 1996)

Planned Residential District No. 8 - Avalon Retirement Community Map

Chapter 17.152

RESIDENTIAL REDEVELOPMENT DISTRICT (RR-5A)

Sections:
    17.152.010 Purpose.
    17.152.020 Development plan required.
    17.152.030 Establishment of boundaries.
    17.152.040 Permitted uses.
    17.152.050 Development standards.

Section 17.152.010 Purpose.
    A. The purpose of the residential redevelopment district is to provide incentives for upgrading substandard residential areas and for the provisions of moderate- and low-cost housing by allowing certain flexibilities in design and redevelopment and alternate density standards for more efficient utilization of land.
    B. These districts should encourage the redevelopment of areas which have many building or environmental deficiencies in order to stabilize neighborhoods, eliminate the spread of blight into surrounding areas, improve the property values and provide safer and healthier living environments for residents of these areas.
    C. In order to qualify for an application to establish a redevelopment district, the applicant must submit evidence indicating that at least twenty (20) percent of the buildings in the area proposed for redevelopment contain one or more building deficiencies as defined in Section 17.04.120 and two or more environmental deficiencies as defined in Section 17.04.120, which must be confirmed by the city department of building, housing and zoning.
    D. The following use and area regulations and standards have been developed based upon these purposes, which are in accord with the objectives of the residential land use element of the city's adopted metro core comprehensive plan. (Prior code § 150-136)

Section 17.152.020 Development plan required.
A development plan reviewed and approved in accordance with Chapter 17.108 shall be required for all RR-5A districts. (Prior code § 150-137)

Section 17.152.030 Establishment of boundaries.
Boundaries for a residential redevelopment district shall be approved by the city council and shown on the official zoning map after approval of the preliminary development plan. (Prior code § 150-138)

Section 17.152.040 Permitted uses.
    Uses permitted inherently shall be as follows:
    A. All inherent, special exception and accessory uses specified in the R-5A district, in accordance with the referenced standards for such uses, except when modified by the standards for this district or as approved by the city council at the time the district is established;
    B. Redevelopment subdivisions;
    C. Single-family attached dwellings, not exceeding nine in a row. (Prior code § 150-139)

Section 17.152.050 Development standards.
    Development standards for the residential redevelopment district shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. Lot Area.
    a. Redevelopment subdivisions: four thousand (4,000) square feet;
    b. Single-family attached dwellings: one thousand five hundred (1,500) square feet;
    c. All others: five thousand (5,000) square feet.
    2. Lot width.
    a. Redevelopment Subdivisions.
    i. Interior: forty (40) feet;
    ii. Corner: fifty (50) feet.
    b. Single-family Attached.
    i. Interior: twenty (20) feet;
    ii. Corner: forty (40) feet.
    c. All Others.
    i. Interior: fifty (50) feet;
    ii. Corner: sixty (60) feet.
    B. Minimum yard and setback requirements shall be as follows:
    1. Single-family Attached Dwellings.
    a. Front: twenty (20) feet;
    b. Side, interior end of the building group: ten feet;
    c. Rear: twenty-five (25) feet.
    2. All Others.
    a. Front: twenty (20) feet;
    b. Rear: thirty (30) feet;
    c. Side, interior: two side yards, a total of fifteen (15) feet, except that no side yard less than five feet shall be provided;
    d. Corner, side: twenty (20) feet.
    C. Lot coverage for single-family attached dwellings shall not exceed forty-five (45) percent.
    D. The height limitation shall be thirty-five (35) feet.
    E. Parking shall be provided in accordance with Chapter 17.196. Parking of vehicles of any type shall not be permitted within the front yard other than in driveways providing access from public streets. Parking for single-family attached dwellings shall be provided in the rear yard and/or in common parking areas convenient to the units they serve.
    F. No more than one principal use shall be permitted on an individual lot.
    G. No accessory building shall be constructed less than five feet from rear and side property lines, except that on a corner lot, no accessory building shall be constructed closer than twenty (20) feet to a side corner lot line.
    H. Lot coverage and building height for accessory uses. Accessory buildings one story and not exceeding twenty (20) feet in height shall occupy no more than fifty (50) percent of the area of a required rear yard. Swimming pools may be constructed in the rear yard, but the combined total coverage of swimming pools and accessory buildings shall not occupy more than seventy-five (75) percent of the required rear yard.
    I. Signs shall be the same as specified for the R-5A District. See Chapter 17.216.
    J. Open space requirements for redevelopment subdivisions and single-family attached dwellings shall be as follows:
    1. Redevelopment subdivision and single-family attached dwelling development shall provide open space at the rate of three hundred (300) square feet per lot;
    2. The minimum amount of open space shall be not less than five thousand (5,000) square feet and no less than thirty (30) feet wide at the narrowest point, and access shall be provided to a public street or public way;
    3. Wherever the metro core plan designates a park or recreation area within the neighborhood proposed for redevelopment or wherever the city of Salisbury and the department of recreation and parks shall determine that all or part of such open space is needed for public park and recreation area, that area may be acquired by the city of Salisbury for such purpose;
    4. Otherwise, such open space shall be conveyed to an association comprised of the owners of all the lots in the subdivision, in accordance with Section 17.04.240, to be held as common open space and used for the recreational purpose of the owners of such subdivision lots. The total amount of open space reserved for developed recreation space, as defined in Section 17.04.120, shall be determined by the Planning Commission upon review of the preliminary site plan and subdivision plat.
    K. Perimeter Setbacks and Screening. If existing natural features, topography or development standards for the use proposed do not provide reasonable separation or protection where possible adverse effects may occur on existing or potential development on adjacent properties, the following requirements may be imposed by the planning commission or the city council upon approval of the preliminary development plan.
    1. A forty-foot setback for structures located at the perimeter;
    2. A ten-foot-wide or wider screening or landscaped area depending upon the sensitivity of the proposed development relative to existing, proposed or planned development on adjacent properties.
    L. Landscaping. Upon approval of the preliminary development plan, either the planning commission or the city council may impose the following requirements:
    1. Additional landscaping around buildings and in parking areas, as well as screening between uses within the proposed residential redevelopment district, may be required in addition to landscaping or screening required by the standards for the development proposed.
    2. Where there are no standards or where standards do not address landscaping required, the commission may require landscaping around buildings, in parking areas, general site landscaping and screening between uses within the proposed residential redevelopment district. (Prior code § 150-140)

Chapter 17.156

R-5, R-8 AND R-10 RESIDENTIAL DISTRICTS

Sections:
    17.156.010 Purpose.
    17.156.020 Permitted uses.
    17.156.030 Uses permitted by special exception.
    17.156.040 Uses permitted by ordinance permit.
    17.156.050 Accessory uses and structures.
    17.156.060 Development standards.

Section 17.156.010 Purpose.
A. The purpose of the R-5, R-8 and R-10 residential districts is to preserve the character of both newly planned and established single-family residential areas in order to promote and to enhance the quality of life and environmental attributes which are an essential part of the city. The uses permitted in these districts are limited primarily to single-family residential, with two-family dwellings and selected nonresidential uses which provide a service to the residents of an area or which, by their nature, require a residential environment. Apartment developments, therefore, are incompatible because they generate an undue concentration of population and increased traffic which alter the predominantly single-family residential character of these areas.
B. The R-5, R-8 and R-10 residential districts encompass the majority of the residential areas of the city which either are or will be served by municipal utilities, including public water, sanitary sewer and storm drains. (Prior code § 150-21)

Section 17.156.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Cultivation of land;
    B. Dwellings.
    1. Single-family detached.
    C. Firehouse;
    D. Park and playground, public and private, in accordance with Chapter 17.220;
    E. School of general instruction, in accordance with Chapter 17.220. (Ord. 1786 § 12 (part), 2000)

Section 17.156.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Cemetery, on a minimum tract of ten acres;
    B. Church and other place of worship on a lot size of less than five acres, in accordance with Chapter 17.220, excluding bus storage, cemetery, day-care center, school of general instruction and gymnasium as accessory uses;
    C. Church and other place of worship on a minimum lot of five acres, in accordance with Chapter 17.220, excluding bus storage, cemetery, day-care center, school of general instruction and gymnasium as accessory uses;
    D. Day-care facilities for the elderly and handicapped;
    E. Non-accessory offices on church-owned properties contiguous to existing religious structures for use by nonprofit organizations.
    F. Studios [in the R-5 and R-8 districts only]. (Ord. 1866, 2002; Ord. 1786 § 12 (part), 2000)

Section 17.156.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit by the city council shall be as follows:
    A. Day-care center or nursery school, in accordance with Chapter 17.220;
    B. Utility substation, in accordance with Chapter 17.220. (Prior code § 150-24)

Section 17.156.050 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Cloister or clerical housing on the same lot with a church or other place of worship, meeting lot area and/or standards required for each individual use;
    B. Home occupation;
    C. Home office;
    D. Family day-care home;
    E. Private garages and other accessory uses normally associated with a residential use, such as but not limited to detached home workshop, swimming pool, cabana, greenhouse, private studio and boathouse, all of which shall be incidental to the use of the property as a residence;
    F. Storage of recreational vehicles and boats on residential lots, limited to two in any combination, in back of the front building setback line, where such recreation vehicles and boats are for the use and enjoyment of the resident thereon;
    G. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. ( Ord. 1786 § 12 (part), 2000; Prior code § 150-25)

Section 17.156.060 Development standards.
    Development standards for the R-5, R-8 and R-10 residential districts shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. All lots except for two-family dwellings:

District Lot Area
(square feet) Interior Lot
Width
(feet) Corner Lot
Width
(feet)

R-5 5,000 50 65

R-8 8,000 60 75

R-10 10,000 70 85

2. Lots for two-family dwellings:

District Lot Area
(square feet) Interior Lot
Width
(feet) Corner Lot
Width
(feet)

R-5 9,000 60 75

R-8 11,700 70 85

R-10 15,000 80 95

B. Minimum yard and setback requirements shall be as follows:
    1. Front: twenty-five (25) feet;
    2. Rear: thirty (30) feet;
    3. Side: ten feet each; two required.
    C. Height Limitations.
    1. The height limitation for principal buildings and structures shall be thirty-five (35) feet.
    2. The height limitation for accessory buildings and structures shall not exceed twenty (20) feet.
    D. Parking shall be provided in accordance with Chapter 17.196.
    1. No motor vehicle, whether operable or inoperable, shall be parked in the front yard of any residence unless the same shall be positioned in a driveway or designated parking area with continuous access to a public street.
    In the event of a violation, the following procedure will be followed:
    a. For an initial violation, a notice will be placed on the windshield of the vehicle warning the owner or possessor thereof that failure to remove said vehicle within four hours will result in the issuance of a citation.
    b. In the event the vehicle has not been permanently and continuously removed within four hours, a parking violation citation will be issued. No warning notice shall be required before issuance of a subsequent violation citation for said vehicle. A separate parking violation citation may be issued after each twenty-four (24) hour time period.
    c. A person who receives a citation under paragraph b of this subsection may:
    i. Pay the penalty, in accordance with instructions on the citation, directly to the city; or
    ii. Elect to stand trial for the alleged violation pursuant to Section 10.24.050.
    2. No outside storage of trucks or vans used in the conduct of business shall be permitted.
    E. No more than one principal use shall be permitted on an individual lot.
    F. Accessory Buildings and Structures.
    1. No part of any accessory building or structure shall be located closer than five feet to a rear and side property line. On a corner lot, no accessory building shall be located closer than twenty-five (25) feet to the curbline of an abutting street.
    2. No accessory building or structure shall occupy more than fifty (50) percent of the required rear yard or side yard area.
    3. Swimming pools may be constructed in the rear yard or in a side or front yard on a corner lot, no closer than twenty-five (25) feet to any curbline or property line if no curbline exists; provided, that the combined total coverage of a swimming pool and all accessory buildings or structures, including those allowed to project into yards, shall not occupy more than seventy-five (75) percent of the required rear or side yard.
    G. Signs. All signs shall be in accordance with the provisions of Chapter 17.216 for an R-5 district.
    H. Landscaping or Screening.
    1. Either landscaping or screening shall be provided for all uses in accordance with the provisions of Chapter 17.220.
    2. In addition to the requirements of Chapter 17.220, all areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080.
    I. Related Requirements.
    1. The provisions of Article XXXIII, where applicable, shall apply to all uses and structures relative to vision at intersections, height exceptions, yard exceptions, fences and walls, airport height limitations and historic or religious monuments, markers or shrines.
    2. Projections into yards may be allowed in accordance with the provisions of Chapter 17.04, Section 17.04.230. (Ord. 1720 (part), 1999; Ord. 1599 § 16 (part), 1995; prior code § 150-26)

Chapter 17.160

R-5A, R-8A AND R-10A RESIDENTIAL DISTRICTS

Sections:
    17.160.010 Purpose.
    17.160.020 Permitted uses.
    17.160.030 Uses permitted by special exception.
    17.160.040 Uses permitted by ordinance permit.
    17.160.050 Accessory uses and structures.
    17.160.060 Development standards.

Section 17.160.010 Purpose.
A. The purpose of the R-5A, R-8A and R-10A residential districts is to recognize those areas of the city that have developed or are suitable for development with apartments or townhouses and to provide additional areas where they may be developed at densities compatible to existing or future residential development within or adjoining the districts.These districts are located in areas which are presently served or which can be served by existing municipal public utilities of water, sanitary sewer and storm drains and which contain the services and amenities necessary for concentrations of population and traffic normally associated with apartment and townhouse development.
B. Uses permitted in these districts include the uses in the R-5, R-8 and R-10 districts while providing for additional housing uses to meet the varied housing needs of the community. In accordance with this purpose, the following uses, standards and area regulations are established. (Prior code § 150-27)

Section 17.160.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Apartment building or project, in accordance with Chapter 17.168;
    B. Cluster development, in accordance with Chapter 17.176;
    C. Cultivation of land;
    D. Dwellings.
    1. Patio dwelling, in accordance with Chapter 17.200,
    2. Semidetached, in accordance with Chapter 17.208,
    3. Single-family detached,
    4. Two-family dwelling on a lot with a minimum of nine thousand (9,000) square feet of land area in an R-5A district; eleven thousand seven hundred (11,700) square feet of land in an R-8A district: and fifteen thousand (15,000) square feet of land in an R-10A district. All parking required for any two-family dwelling shall be in the rear yard three feet from all adjoining property lines;
    E. Firehouse;
    F. Park and playground, public and private, in accordance with Chapter 17.220;
    G. School of general instruction, in accordance with Chapter 17.220;
    H. Townhouse, in accordance with Chapter 17.224;
    I. Group domiciliary care facilities. (Ord. 1786 § 13 (part), 2000; Prior code § 150-28)

Section 17.160.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. Care home, in accordance with Chapter 17.220;
    B. Church and other place of worship on a lot size of less than five acres, in accordance with Chapter 17.220, excluding bus storage and maintenance, cemetery, day-care center, school of general instruction and gymnasium as accessory uses;
    C. Church and other place of worship on a minimum lot of five (5) acres, in accordance with Chapter 17.220, including an activity building with offices and meeting rooms, cemetery, day-care center, school of general instruction and gymnasium as accessory uses;
    D. Day-care facilities for the elderly and handicapped. (Ord. 1786 § 13 (part), 2000; Prior code § 150-29)

Section 17.160.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit by the city council shall be as follows:
    A. Day-care center or nursery school, in accordance with Chapter 17.220;
    B. Utility substation, in accordance with Chapter 17.220. (Prior code § 150-30)

Section 17.160.050 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Cloister or clerical housing on the same lot with a church or other place of worship, meeting lot area and/or standards required for each individual use;
    B. Home occupation;
    C. Home office;
    D. Family day-care home;
    E. Office within an apartment or townhouse project solely for the purpose of ongoing management and rental or a temporary sales office in conjunction with model units until all units in the project have been sold;
    F. Private garages and other accessory uses normally associated with residential use, such as but not limited to detached home workshop, swimming pool, cabana, greenhouse, private studio and boathouse, all of which shall be incidental to the use of the property as a residence;
    G. Rental of guest rooms to not more than two roomers in a single-family detached dwelling on a minimum lot of five thousand (5,000) square feet which is occupied by a family related by blood, marriage or adoption, provided that one (1) additional parking space for each roomer shall be provided in the rear yard;
    H. Storage of recreational vehicles and boats on residential lots, limited to two in any combination, in back of the front building setback line, where such recreation vehicles and boats are for the use and enjoyment of the resident thereon;
    I. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-31)

Section 17.160.060 Development standards.
    Development standards for the R-5A, R-8A and R-10A residential districts shall be as follows:
    A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:
    1. All lots except for two-family dwellings:

District Lot Area
(square feet) Interior Lot
Width
(feet) Corner Lot
Width
(feet)

R-5A 5,000 50 65

R-8A 8,000 60 75

R-10A 10,000 70 85

2. Lots for two-family dwellings:

District Lot Area
(square feet) Interior Lot
Width
(feet) Corner Lot
Width
(feet)

R-5A 9,000 60 75

R-8A 11,700 70 85

R-10A 15,000 80 95

    B. Minimum yard and setback requirements shall be as follows:
    1. Front: twenty-five (25) feet;
    2. Rear: thirty (30) feet;
    3. Side: ten feet each; two required.
    C. Height Limitations.
    1. The height limitation for principal buildings and structures shall be forty (40) feet.
    2. The height limitation for accessory buildings and structures shall not exceed twenty (20) feet in height.
    D. Parking shall be provided in accordance with Chapter 17.196.
    1. No motor vehicle, whether operable or inoperable, shall be parked in the front yard of any residence unless the same shall be positioned in a driveway or designated parking area with continuous access to a public street.In the event of a violation, the following procedure will be followed:
    a. For an initial violation, a notice will be placed on the windshield of the vehicle warning the owner or possessor thereof that failure to remove said vehicle within four hours will result in the issuance of a citation.
    b. In the event the vehicle has not been permanently and continuously removed within four hours, a parking violation citation will be issued. No warning notice shall be required before issuance of a subsequent violation citation for said vehicle. A separate parking violation citation may be issued after each twenty-four (24) hour time period.
    c. A person who receives a citation under paragraph b of this subsection may:
    i. Pay the penalty, in accordance with instructions on the citation, directly to the city; or
    ii. Elect to stand trial for the alleged violation pursuant to Section 10.24.050.
    2. No outside storage of trucks or vans used in the conduct of business shall be permitted.
    E. No more than one principal use shall be permitted on an individual lot.
    F. Accessory Buildings and Structures.
    1. No part of any accessory building or structure shall be located closer than five feet to a front and side property line. On a corner lot, no accessory building shall be located closer than twenty-five (25) feet to a lot line of an abutting street.
    2. No accessory building or structure shall occupy more than fifty (50) percent of the required rear or side yard area.
    3. Swimming pools may be constructed in the rear yard or in a side or front yard on a corner lot, no closer than twenty-five (25) feet to any curbline or property line if no curbline exists; provided, that the combined total coverage of a swimming pool and all accessory buildings or structures, including those allowed to project into yards, shall not occupy more than seventy-five (75) percent of the required rear or side yard.
    G. Signs. All signs shall be in accordance with the provisions of Chapter 17.216.
    H. Landscaping or Screening.
    1. Either landscaping or screening shall be provided for all uses in accordance with the provisions of Chapter 17.220;
    2. In addition to the requirements of Chapter 17.220, all areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080.
    I. Related Requirements.
    1. The provisions of Chapter 17.04, Article IV, where applicable, shall apply to all uses and structures relative to vision at intersections, height exceptions, yard exceptions, fences and walls, airport height limitations and historic or religious monuments, markers or shrines.
    2. Projections into yards may be allowed in accordance with the provisions of Chapter 17.04, Section 17.04.230. (Ord. 1774 (part), 2000; Ord. 1720 (part), 1999; Ord. 1599 § 16 (part), 1995; prior code § 150-32)

Chapter 17.164

R-5S, R-8S AND R-10S RESIDENTIAL DISTRICTS

Sections:
    17.164.010 Purpose.
    17.164.020 Permitted uses.
    17.164.030 Uses permitted by special exception.
    17.164.040 Uses permitted by ordinance permit.
    17.164.050 Accessory uses and structures.
    17.164.060 Development standards.

Section 17.164.010 Purpose.
The purpose of the R-5S, R-8S and R-10S residential districts is to preserve the existing character of both newly planned and existing single-family residential areas in order to promote and to enhance the quality of life and environmental attributes which are essential parts of the city. The uses permitted in these districts are limited primarily to single-family residential, with selected nonresidential uses which provide a service to the residents of an area or which, by their nature, require a residential environment. Multifamily developments, therefore, are incompatible because they generate an undue concentration of population and increased traffic which alter the predominantly single-family residential character of these areas. The following uses, standards and area regulations were developed based upon this purpose. (Prior code § 150-20.1)

Section 17.164.020 Permitted uses.
    Permitted uses shall be as follows:
    A. Cluster development of single-family detached dwellings or patio dwellings in accordance with Chapter 17.176.
    B. Cultivation of land;
    C. Dwellings.
    1. Patio, in accordance with Chapter 17.200;
    2. Single-family detached;
    D. Firehouse;
    E. Park and playground, public and private, in accordance with Chapter 17.220;
    F. School of general instruction, in accordance with Chapter 17.220. (Prior code § 150-20.2)

Section 17.164.030 Uses permitted by special exception.
    Uses permitted by special exception shall be as follows:
    A. An accessory apartment of not over five hundred (500) gross square feet in size within an owner-occupied single-family detached dwelling or in an accessory building on a lot upon which an owner-occupied single-family detached dwelling is located. The lot shall have a minimum sixty (60) feet width and contain at least nine thousand (9,000) square feet of land area. All parking required for an accessory apartment shall be in the rear yard no closer than three (3) feet to all adjoining property lines, provided that an accessory apartment shall not be allowed in any dwelling where guest rooms are provided;
    B. Care home, in accordance with Chapter 17.220;
    C. Cemetery, on a minimum tract of ten acres;
    D. Church and other place of worship on a lot size of less than five acres, in accordance with Chapter 17.220, excluding bus storage, cemetery, day-care center, school of general instruction and gymnasium as accessory uses;
    E. Church and other place of worship on a minimum lot of five acres, in accordance with Chapter 17.220, including an activity building with offices and meeting rooms, cemetery, day-care center, school of general instruction and gymnasium as accessory uses;
    F. Day-care facilities for the elderly and handicapped;
    G. Group domiciliary care facility;
    H. Rental of guest rooms to not more than two roomers in an owner-occupied single-family detached dwelling on a minimum lot of five thousand (5,000) square feet, provided that one additional parking space shall be provided in the rear yard for each roomer, and provided further that the rental of guest rooms shall not be allowed in any dwelling or on any lot that contains an accessory apartment. (Prior code § 150-20.3)

Section 17.164.040 Uses permitted by ordinance permit.
    Uses permitted by ordinance permit by the city council shall be as follows:
    A. Day-care center or nursery school, in accordance with Chapter 17.220;
    B. Utility substation, in accordance with Chapter 17.220. (Prior code § 150-20.4)

Section 17.164.050 Accessory uses and structures.
    Accessory uses and structures shall be as follows:
    A. Cloister or clerical housing in the same lot with a church or other place of worship, meeting lot area and/or standards required for each individual use;
    B. Home occupation;
    C. Home office;
    D. Family day-care home;
    E. Private garages and other accessory uses normally associated with a residential use, such as but not limited to detached home workshop, swimming pool, cabana, greenhouse, private studio and boathouse, all of which shall be incidental to the use of the property as a residence;
    F. Storage of recreational vehicles and boats on residential lots, limited to two in any combination, in back of the front building setback line, where such recreation vehicles and boats are for the use and enjoyment of the resident thereon;
    G. Other accessory uses and structures clearly incidental to, customary to and associated with the permitted use. (Prior code § 150-20.5)

Section 17.164.060 Development standards.
Development standards for the R-5S, R-8S and R-10S residential districts shall be as follows:A. Minimum Lot Requirements. All lots hereafter established shall meet the following minimum requirements:

District Lot Area
(square feet) Interior Lot
Width
(feet) Corner Lot
Width
(feet)

R-5S 5,000 50 65

R-8S 8,000 60 75

R-10S 10,000 70 85

    B. Minimum yard and setback requirements shall be as follows:
    1. Front: twenty-five (25) feet;
    2. Rear: thirty (30) feet;
    3. Side: ten feet each; two required.
    C. Height Limitations.
    1. The height limitation for principal buildings and structures shall be thirty-five (35) feet.
    2. The height limitation for accessory buildings and structures shall not exceed twenty (20) feet.
    D. Parking shall be provided in accordance with Chapter 17.196.
    1. The parking of vehicles of any type shall not be permitted within the front yard other than driveways providing access from public streets.
    2. No outside storage of trucks or vans used in the conduct of business shall be permitted.
    E. No more than one principal use shall be permitted on an individual lot.
    F. Accessory Buildings and Structures.
    1. No part of any accessory building or structure shall be located closer than five feet to a rear or side property line. On a corner lot, no accessory building shall be located closer than twenty-five (25) feet to the curbline of an abutting street.
    2. No accessory building or structure shall occupy more than fifty (50) percent of the required rear yard or side yard area.
    3. Swimming pools may be constructed in the rear yard or in a side or front yard on a corner lot, no closer than twenty-five (25) feet to any curbline or property line if no curbline exists; provided, that the combined total coverage of a swimming pool and all accessory buildings or structures, including those allowed to project into yards, shall not occupy more than seventy-five (75) percent of the required rear or side yard.
    G. Signs. All signs shall be in accordance with the provisions of Chapter 17.216 for an R-5 district.
    H. Landscaping or Screening.
    1. Landscaping or screening shall be provided for all uses in accordance with the provisions of Chapter 17.220.
    2. In addition to the requirements of Chapter 17.220, all areas not devoted to building or required parking areas shall be landscaped as defined in Section 17.04.120 and maintained in accordance with Section 17.220.080.
    I. Related Requirements.
    1. The provisions of Chapter 17.04, Article IV, where applicable, shall apply to all uses and structures relative to vision at intersections, height exceptions, yard exceptions, fences and walls, airport height limitations and historic or religious monuments, markers or shrines.
    2. Projections into yards may be allowed in accordance with the provisions of Chapter 17.04, Section 17.04.230. (Ord. 1599 § 16 (part), 1995; prior code § 150-20.6)

Chapter 17.168

APARTMENT STANDARDS

Sections:
    17.168.010 Purpose.
    17.168.020 Comprehensive development plan required.
    17.168.030 Permitted density.
    17.168.040 Density or height increases permitted by special exception.
    17.168.050 Design standards and restrictions.
    17.168.060 Site and development plan review.
    17.168.070 Conversion to nonelderly and nonhandicapped occupancy.

Section 17.168.010 Purpose.
To avoid excessive concentration of population, prevent overcrowding of land and congestion in streets, minimize adverse effects on surrounding development, assure the safety of inhabitants and residents in the vicinity and to provide the amenities essential to a residential environment, the following minimum standards for apartment development are established. Recognizing that there may be certain locations where services, access, topography, amenities and design of the site can accommodate higher densities than permitted, inherently special standards and requirement of board of zoning appeals approval for higher densities are also established in addition to minimum standards. (Prior code § 150-210)

Section 17.168.020 Comprehensive development plan required.
All apartment project developments shall require a comprehensive development plan as defined in Section 17.04.120, which shall be submitted and reviewed in accordance with Chapter 17.180. (Prior code § 150-211)

Section 17.168.030 Permitted Density.
Land area used to compute density for apartment development shall not include public streets needed to serve the development.
A. Density for apartment development, except for the housing of the elderly and handicapped shall be as follows:

District Units/Acre

R-5A 12

R-8A 10

R-10A 8

RR-5A 15

    B. Housing of Elderly and Handicapped.
    1. Density for apartment development for the housing of the elderly and handicapped shall be as follows and shall be limited to efficiency and one-bedroom units, except that five percent of the total number of units may be two-bedroom to provide for live-in assistance requiring separate bedrooms.

                District Units/Acre

                R-5A and RR-5A 20

                R-8A and R-10A 12

    2. For the purpose of occupancy, elderly and handicapped shall include only:
    a. Persons who are sixty-two (62) years of age or over;
    b. Families where either the husband or wife is sixty-two (62) years of age or over;
    c. Handicapped persons under sixty-two (62) if determined to have physical impairments which:
    i. Are expected to be of long-continued and indefinite duration,
    ii. Substantially impede the ability to live independently, and
    iii. Are of such a nature that the ability to live independently could be improved by more suitable housing conditions.
    C. Apartment units, buildings or projects in a nonresidential district shall comply with the following land requirements:
    1. Office and Service Highway Districts. Apartment units are permitted above the first floor, provided that:
    a. The lot has a minimum land area of ten thousand (10,000) square feet;
    b. The required parking area is provided for the business use on the first floor;
    c. The number of units per lot shall be based upon the lot containing additional land area of three hundred (300) square feet for each efficiency unit and six hundred (600) square feet for each unit having one (1) or more bedrooms.
    2. Office and Service Residential District.
    a. Apartment units are permitted in a building with a nonresidential use, provided that:
    i. The lot has a minimum land area of nine thousand (9,000) square feet;
    ii. The required parking area is provided for the nonresidential use;
    iii. The number of units on the lot is based upon the lot containing additional land area of three hundred (300) square feet for each efficiency unit and six hundred (600) square feet for each unit having one or more bedrooms.
    d. Apartment buildings and projects shall be at density requirements for R-5A.
    3. Light Business and Institutional District. Apartment buildings and projects shall be at density requirements for R-5A.
    4. College and University District. Apartment buildings and projects shall be at density requirements for R-5A.
    5. Hospital District. Apartment buildings and projects shall be at density requirements for R-5A.
    6. Neighborhood Business District. Apartment buildings and projects shall be at density requirements for R-5A.
    7. General Commercial District. Apartment buildings and projects shall be at density requirements for R-5A.
    D. Additional Density Permitted for Provision of Day-Care Center Within an Apartment Project.
    1. Whenever a group day-care center is provided within an apartment project, two additional units may be added to the total density permitted for the project. The location and design of the group day-care center shall be approved as part of the required comprehensive development plan for the apartment project and shall not require ordinance permit approval. (Ord. 1752 § 4, 2000; prior code § 150-212)

Section 17.168.040 Density or height increases permitted by special exception.
    A. In all districts where apartment development is permitted, the board of zoning appeals may approve an increase in height or density up to a maximum of thirty (30) units per acre after consideration of the following criteria in addition to satisfying the requirements of Chapter 17.232 pertaining to special exceptions:
    1. The additional ten-foot setback required for each story above three is provided in any combination to provide distance and separation from lower profile residential development.
    2. Open space is increased to forty (40) percent of the net project area.
    3. Arrangement of buildings on the site can be designed to minimize the effect of shadows, interference with light and air and intrusion on privacy of adjoining residential yards.
    4. Additional landscaping and screening is provided around parking areas, where the board deems necessary, and adjoining residential development.
    B. In determining whether an increase in height or density should be approved, the board shall consider such factors as:
    1. The topography of the site and whether it can be used to soften the impact of any increased building height in relation to the surrounding area;
    2. Existing and proposed streets and traffic patterns relative to the amount of traffic to be generated by the increased density and whether it can easily be accommodated without being detrimental to surrounding residential area;
    3. Whether the site is further separated from residential areas by streets or nonresidential uses or the site adjoins or is immediately across the street from a public pond, lake or park;
    4. Provision of recreational facilities in relation to maximum density of people to be served;
    5. How the criteria have been used in designing the site to achieve maximum results in integration of greater building height and density without harsh contrast in relation to surrounding development.
    C. After consideration of the criteria and factors for review, the board shall approve such increase in building height and density as it considers will have the least impact on and be the least detrimental to the surrounding area. (Prior code § 150-213)

Section 17.168.050 Design standards and restrictions.
    A. Setbacks.
    1. An apartment building or its accessory structure(s) shall be set back not less than:
    a. The front or corner setback required for the district in which it is located or not less than thirty (30) feet from the right-of-way line or curbline of any street, whichever is greater;
    b. An additional setback of ten feet shall be provided for each story above three.
    2. No apartment building shall be located less than thirty (30) feet from any side or rear property line. An additional setback of ten feet shall be provided for each story above three.
    3. No accessory building shall be located less than twenty-five (25) feet from any apartment building nor less than twenty-five (25) feet from any side or rear property line.
    4. The minimum space between buildings shall be thirty (30) feet.
    B. Building Setback Distance from Accessways.
    1. No ground level entrance to any apartment unit or building shall be located farther than eighty (80) feet from a parking lot.
    2. No part of any apartment building shall be farther than five hundred (500) feet from a fire hydrant.
    C. Lot Coverage and Area Computation.
    1. Apartment buildings, including accessory buildings within the project, shall not cover more than twenty-five (25) percent of the land area.
    2. Land area used to compute density shall not include public streets needed to serve the project.
    D. Open Space.
    1. Not less than twenty-five (25) percent of the net project area shall be provided in open space suitable for leisuretime activities; this shall include areas designated or used for swimming pools or tennis courts.
    2. Developed open space shall include tot lots and may include tennis courts, basketball courts and picnic areas or other facilities approved by the planning commission.
    3. Open space and recreational facilities may be reviewed by the department of recreation and parks with a recommendation forwarded to the planning commission as to its appropriateness and adequacy in meeting the needs of the proposed residents. Consideration shall be given to the type of development proposed, i.e., family occupancy or elderly housing.
    E. Parking.
    1. Spaces Required.
    a. Except as otherwise provided herein, a minimum of one and one-half (1 1/2) off-street parking spaces per dwelling unit, plus twenty (20) percent of the total for guest parking shall be provided, except for apartment buildings for the housing of the elderly and handicapped.
    b. For apartment projects and attached dwelling units, except a townhouse or duplex dwelling, constructed after November ___, 2002, a minimum of two off-street parking spaces for efficiency, one bedroom and two bedroom dwelling units, and three off-street parking spaces for each dwelling unit containing three or more bedrooms, plus twenty (20) percent of the total for guest parking shall be provided.
    c. Off-street parking for apartment buildings for the elderly and handicapped shall be provided at the rate of one space for each dwelling unit.
    2. Parking Lot Restrictions.
    a. Required parking will be located in parking areas convenient to the unit or facility served.
    b. In all parking areas, no more than ten continuous parking spaces may be located without a landscape divider at least nine feet in width separating groups of ten spaces, provided that for ten or more spaces but less than an even number, the nine-foot divider may be centered as evenly as possible.
    c. Parking in common parking areas shall not exceed fifty (50) vehicles per parking area, provided that all connected parking areas shall be separated by a landscaped area of at least eighteen (18) feet in width.
    d. In so far as possible, parking should be arranged so as not to create a nuisance for adjoining property.
    F. Landscaping. All areas not utilized for building, off-street parking or loading and unloading areas shall be landscaped and maintained. A screening area of ten feet in width shall be provided along all adjoining property lines in accordance with Chapter 17.220; except that the planning commission may approve landscaped areas where the property line adjoins another apartment or townhouse development.
    G. Off-street Loading and Unloading. Where applicable, there shall be off-street loading and unloading areas provided. These areas shall be screened through landscaping or permanent construction from adjoining areas in accordance with Chapter 17.220.
    H. Refuse Disposal. Refuse disposal areas shall be provided for in accordance with the requirements of the director of public works, shall be shown on the final plan and screened in accordance with Chapter 17.220.
    I. Lighting. Lighting of external walkways and parking lots shall be provided. Such lighting shall be designed so as not to throw glare onto surrounding properties. (Ord. 1864, 2002; prior code § 150-214)

Section 17.168.060 Site and development plan review.
With a view toward achieving a maximum of safety, convenience and amenity for surrounding area residents and residents within the development, the planning commission, in its review and approval of any plan requiring either landscaping, screening or both, shall consider the location of buildings, parking areas and other features with respect to the topography of the site and its natural features such as large trees, slopes, streams, etc.; the efficiency, adequacy and safety of the proposed layout of internal streets, parking lots and driveways and the adequacy and location of open space and recreational facilities. (Prior code § 150-215)

Section 17.168.070 Conversion to nonelderly and nonhandicapped occupancy.
A. Density for apartments housing the elderly and handicapped is based on density of population for the district in which they are located. Conversion of an approved apartment project for housing of the elderly and handicapped to housing of the nonelderly and nonhandicapped shall require review and approval by the planning commission. The applicant shall comply with the parking and density standards for nonelderly and nonhandicapped apartments for the district in which they are located.
B. The commission shall review a request for conversion with consideration of increase in population with respect to the density of population for the district in which it is situated, increased requirements for parking, increase in traffic, proximity of neighborhood playground or park, and utilities. (Prior code § 150-216)

Chapter 17.172

PLANNED BUSINESS CENTERS

Sections:
17.172.010 Purpose.
17.172.020 Development standards.

Section 17.172.010 Purpose.
The purpose of this chapter is to provide an alternative development technique for the location and arrangement of buildings for business and selected commercial uses; to encourage the clustering of such uses in accordance with a predetermined development plan and subdivision plat; to permit smaller lots in order to make more efficient use of land; and to reduce the cost of streets and public utilities, resulting in a more efficient and harmonious development. (Ord. 1636 Exh. A (part), 1996)

Section 17.172.020 Development standards.
    A. A planned business center shall be developed in accordance with a comprehensive development plan, as defined in Section 17.04.120, which shall be submitted and reviewed in accordance with Chapter 17.180. In addition to the requirements of a comprehensive development plan, a subdivision plat shall be required, including covenants and restrictions relating to shared facilities and the maintenance and responsibility for the same, which shall be approved by the planning commission and recorded in the land records of Wicomico County.
    B. Permitted uses shall be all uses permitted in the zoning district in which a planned business center is permitted.
    C. The planned business center shall be designed so that buildings, parking areas and landscaping are attractively arranged and so that facades, signs and other appurtenances are designed to ensure a harmonious appearance. Landscaping of parking lots and perimeter screening and landscaping of all other areas shall be in accordance with Chapter 17.100.
    D. A planned business center shall contain a minimum of two acres.
    1. Each lot in a center in a general commercial district shall contain a minimum land area of six thousand (6,000) square feet, each lot in a select commercial district shall contain a minimum land area of ten thousand (10,000) square feet. Each lot in a light business and institutional district shall contain a minimum land area of fifteen thousand (15,000) square feet. Each lot in a regional commercial district shall contain a minimum land area of twenty-five thousand (25,000) square feet.
    2. No part of a principal building shall be farther than one hundred (100) feet from an access roadway or drive providing vehicular access from a public street or farther than five hundred (500) feet, measured along the route of vehicular access, from a public street.
    E. A planned business center shall have not less than sixty (60) feet frontage abutting a public street.
    F. Perimeter setbacks for the entire business center shall be the same as or no less than the setbacks required for individual uses within the district in which a business center is located. Setbacks within the center shall be:
    1. Front -- twenty-five (25) feet;
    2. Side -- ten feet;
    3. Rear -- twenty (20) feet;
    4. Whenever any property line in a planned business center abuts a residential district a setback of twenty-five (25) feet shall be required abutting the property line;
    5. Space between buildings:
    a. One story -- twenty (20) feet;
    b. Two story -- twenty-five (25) feet;
    c. Three story -- thirty (30) feet;
    d. More than three stories -- thirty (30) feet plus five feet per story.
    G. Minimum lot width, frontage abutting a public street and yard requirements otherwise applying to individual buildings in the district in which a planned business center is permitted do not apply within the center and shall be established by the planning commission on the required plan and subdivision plat, with consideration given to the provision of light, open space, ventilation, fire protection and other characteristics of the site.
    H. Parking shall be provided in accordance with Chapter 17.196.
    1. When there are two abutting uses or where more than one business use is located on a lot and each use has different hours of business operation, parking may be shared at the discretion of the planning commission.
    2. Where shared parking is approved, additional land area to accommodate required parking shall be held in reserve, and the required parking area shall be installed when the business is changed and shared parking is terminated.
    3. All such shared parking shall be duly noted on both the plan and the subdivision plat or by a legal agreement between the owners of said shared facilities, approved by the city solicitor and recorded in the land records of Wicomico County.
    I. Signs. A plan shall be required showing the overall design, colors and location of signs throughout the center, which shall be submitted to and approved by the planning commission as part of the comprehensive development plan. Signs may be permitted as follows:
    1. Ground Signs.
    a. One ground sign for use by the entire center, no higher than twenty-five (25) feet, limited to two faces with a total surface area not exceeding a total of one hundred (100) square feet per face on a site of five acres or less, or not exceeding two hundred (200) square feet per face on a site of more than five acres, and located no closer than twenty (20) feet to any property line;
    b. One ground sign on each individual lot within the center, no higher than six feet with a total surface area of thirty-two (32) square feet and located no closer than ten feet from any property line;
    c. Location of ground signs shall be approved by the Planning Commission and designated on the final site plan.
    2. Wall Signs.
    a. One exterior wall sign shall be permitted for each business establishment on an individual lot.
    b. The number of exterior wall signs for a use shall be approved by the planning commission.
    c. All wall signs shall be mounted flush with the building, except that raised letters may extend no more than eighteen (18) inches from the building wall.
    d. Size, location and color of wall signs shall be approved by the planning commission as part of the overall sign plan.
    e. The total amount of wall signage including marquee signs shall not exceed two hundred (200) square feet.
    3. Marquee Signs. Marquee signs shall be considered a wall sign and shall be limited to not more than thirty-two (32) square feet in surface area and located no closer than ten feet above walkways.
    4. Instructional signs not exceeding three feet in height and six square feet in surface area.
    J. Residential Uses. A planned business center may include residential units limited to not more than fourteen (14) units per acre. All such uses shall be located within or above the first floor of a building including a business use. Whenever an applicant proposes to construct all buildings in a single phase, residential uses may be placed in an architecturally compatible freestanding building. In no case shall a free-standing residential building be constructed before at least one-half of the total gross square feet of all proposed buildings is constructed.
    K. Landscaping shall be provided in accordance with the requirements of Chapter 17.220.
    L. Other Provisions. Except where specifically listed in this chapter all other requirements of this title shall apply. (Ord. 1842 (part), 2002; Ord. 1636 Exh. A (part), 1996)

Chapter 17.176

CLUSTER DEVELOPMENTS

Sections:
    17.176.010 Purpose.
    17.176.020 Comprehensive development or site plan required.
    17.176.030 Development standards.
    17.176.040 Site plan review approval.
    17.176.050 Subdivision plat.

Section 17.176.010 Purpose.
To provide for the clustering of residential units or lots; to permit flexibility in the location, arrangement and size of residential lots; to provide for the permanent reservation of open space in residential developments and to reduce the cost of public and private investment in utility installations and streets without altering the density of population for the net tract area, the following standards for cluster developments are established. (Prior code § 150-220)

Section 17.176.020 Comprehensive development or site plan required.
    A. A cluster development on a tract of land of three (3) acres or more shall require a comprehensive development plan as defined in Section 17.04.120, which shall be submitted and reviewed in accordance with Chapter 17.180.
    B. A cluster development on a tract of land of less than three acres shall require a comprehensive site plan, drawn to scale, and reviewed and approved by the planning commission, which shall indicate the proposed development of the site in its entirety, including development areas, landscaping, lighting, parking and open space and other such information the Commission may require.
    C. In addition to the elements of either a comprehensive development plan or a comprehensive site plan required by this chapter, the site plan and elements of a cluster development, as a minimum, shall contain the following information:
    1. The site plan shall show the proposed locations of buildings and dimensions of proposed lots, building envelopes or areas; accessory buildings proposed to be located within a front yard; open spaces and natural features on the entire site; the area of each lot and building envelope; and the overall density of development proposed on the site.
    2. A copy of all proposed deed restrictions, covenants, bylaws, or other legal instruments designed to provide for continuing maintenance and control of common open space areas, parking, stormwater management and utility easement areas, including any proposed homeowners' association agreement or bylaws.
    3. The architectural design of buildings shall be shown by front elevations or architectural renderings. Where a variety of designs are proposed, each design shall be shown.
    D. All plans for a cluster development shall be submitted on sheets of twenty-four (24) by thirty-six (36) inches to the planning director for distribution to appropriate departments. (Prior code § 150-221)

Section 17.176.030 Development standards.
    A. Minimum Tract Area. The minimum area for a cluster development shall be one-half acre, with a minimum frontage of sixty (60) feet on a public street.
    B. Density. The total number of lots or units allowed on a tract of land for the cluster development shall be the same as for the type of lots or units permitted for the district in which the cluster development is located, provided that:
    1. The development adheres to the total land area for the sum of individual lots or units required in each district;
    2. Land area resulting from the reduction of lot size shall be provided and maintained as common and developed open space area for the benefit of residents of the development.
    C. Perimeter Setbacks. The minimum setbacks for the entire tract of the cluster development shall be:
    1. Fifteen (15) feet from each side and rear property line, provided that side and rear perimeter setbacks shall not be included as a part of a lot;
    2. The front setback as required for the zoning district.
    D. Minimum lot area and width, yards and setbacks for cluster developments shall be:
    1. Lot Area. The minimum lot area shall be three thousand (3,000) square feet.
    2. Lot Width. The minimum lot width shall be twenty (20) feet at the front yard setback line.
    3. Front Yard. The minimum depth of the front yard of any lot shall be twenty (20) feet from the right-of-way line of the street; twenty (20) feet from both streets for corner lots.
    4. Side Yard.
    a. Single-family dwellings and townhouses shall be as set forth in this chapter for the district in which the cluster development is located.
    b. Patio and semidetached dwellings shall be as set forth in Chapters 17.200 and 17.208.
    5. Rear Yard. The minimum depth of the rear yard shall be thirty (30) feet.
    6. Rear and Side Yard Alternatives. The minimum depth of side and rear yards may be five feet for side yards and fifteen (15) feet for rear yards, provided that the aggregate depth of the side yard and adjoining open space is ten feet and the aggregate depth of the rear yard and adjoining open space is thirty (30) feet, as measured across the entire side or rear of the lot.
    7. Setback for Accessory Buildings.
    a. Accessory buildings may be situated within a front yard after consideration by the planning commission of the architectural character and style of the buildings, design of the project and visibility to motorists and pedestrians, with particular attention to adverse effects, if any, on adjoining properties at the perimeter of the cluster development.
    b. Setbacks from property lines for accessory buildings shall comply with requirements of the district in which the cluster development is located.
    E. Open Space.
    1. A minimum of thirty-five (35) percent of the net tract area shall be retained as common open space area for use by all occupants of the cluster development. For purposes of computing common open space area, net tract area shall be used.
    2. The common and developed open space area shall be planned as an integral part of the development providing access to and benefits for all residents of the development.
    3. The planning commission may recommend that all or part of stream branches, marshlands, bodies of water and slopes exceeding fifteen (15) percent may be included as common open space. In making this determination, the Commission shall be guided by the following factors:
    a. The extent of these areas in relation to the area of the cluster development;
    b. The degree to which these areas contribute to the quality, livability and amenity of the cluster development.
    4. A maximum of twenty-five (25) percent of the common open space may be within floodplains or covered by water; provided that the applicant holds legal title to said water bodies.
    5. When an approved site plan provides for common use buildings, accessways, parking areas, landscaped areas, recreation facilities, structures or other improvements in the open space areas, the provision, ownership and maintenance of all such areas or facilities shall be in accordance with Section 17.04.240.
    F. Parking. Two off-street parking spaces shall be provided for each dwelling unit.
    G. Street Frontage. Each lot or building shall abut or front on a public street, except as the planning commission may determine otherwise, after considering the overall plan and special circumstances related to the project.
    H. Landscaping.
    1. A landscaping plan is required which shall show the location of natural features on the site such as existing trees, groves, waterways, stormwater management areas, scenic views, historic sites or buildings and other community assets and proposed areas and species of supplemental plantings.
    2. In addition to landscaping or screening required by the standards for the type of development proposed, the planning commission may require additional landscaping where necessary.
    3. Where there are no standards or where standards do not address specific landscaping required, the planning commission may require landscaping where necessary.
    I. Building Distance From Accessways.
    1. No ground level entranceway to any townhouse, apartment unit or apartment building shall be farther than eighty (80) feet from a parking lot.
    2. No part of any townhouse or apartment unit shall be any farther than five hundred (500) feet from a fire hydrant.
    J. Applicability of Other Regulations. In regulating cluster developments, the provisions of this chapter shall first apply; but when a matter is not specifically regulated by this title, then the provisions of this chapter for the district in which the cluster development is located shall apply.
    K. Alternative Development Standards. In those cluster developments where fee-simple lots are not proposed, the development standards of this chapter may be modified only to the following extent:
    1. Perimeter Setbacks. Principal buildings shall be located no closer than thirty (30) feet to an adjoining property line.
    2. Minimum Distance Between Buildings.
    a. One- and two-family: twenty (20) feet;
    b. Apartment and townhouse: thirty (30) feet.
    3. Parking.
    a. Parking shall be in accordance with the provisions of Chapter 17.196.
    b. Parking areas shall be designed and arranged to prevent through traffic.
    4. Other provisions. All other provisions of this title shall apply. (Prior code § 150-222)

Section 17.176.040 Site plan review approval.
    The planning commission, in reviewing and approving all site plans, shall consider the following:
    A. The desirability of the proposed cluster development to provide an alternative to traditional zoning, permitting smaller lots with the remainder of the land used for common open space in order to provide recreation for the residents or to preserve natural features on the site;
    B. The location of open space and buildings and the configuration of lots with respect to residents of the development and the surrounding area;
    C. The usability of open space for scenic, preservation and recreational purposes shall be judged in terms of size, shape, location and topography of the open space.
    1. Space designed for recreation should be easily accessible to residents.
    2. Space designed for a scenic purpose should be visible from a significant number of buildings or a significant length of street rights-of-way.
    3. Space designed for preserving natural areas should be designed to include irreplaceable natural features located in the tract such as but not limited to stream beds, significant stands of trees, marshlands or river banks.
    D. Buildings and lots should be arranged and situated to minimize alteration of the natural terrain; to avoid adverse effects of shadows, noise and traffic on the occupants of the buildings and surrounding properties; to improve the view from the buildings; to lessen the land area devoted to vehicular access; and to provide diversity in design. (Prior code § 150-223)

Section 17.176.050 Subdivision plat.
    Following approval of the cluster development by the planning commission:
    A. A subdivision plat corresponding to the approved site plan shall be filed and processed in accordance with procedures set forth in the subdivision regulations, Title 16.
    B. A copy of all covenants, deed restrictions and bylaws as required by Section 17.04.240, shall accompany the preliminary plat.
    C. A landscaping plan showing areas to be landscaped or maintained as natural areas with all sizes and species in accordance with the provisions of Chapter 17.220, shall accompany the plat for approval by the planning commission.
    D. The final subdivision plat, in addition to the information required by the subdivision regulations, Title 16, shall show building envelopes, dimensions of yards and the size and location of accessory buildings to be situated within any front yard. (Prior code § 150-224)

Chapter 17.180

COMPREHENSIVE DEVELOPMENT PLAN

Sections:
    17.180.010 Purpose--Application.
    17.180.020 Review by appropriate agencies.
    17.180.030 Scheduling of review by planning commission.
    17.180.040 Review procedure.
    17.180.050 Special exceptions.
    17.180.060 Waiver.

Section 17.180.010 Purpose--Application.
    Where the provisions of this title require submission and approval of a comprehensive development plan as defined in Section 17.04.120, the following regulations shall apply. The comprehensive development plan is required of certain developments identified in this chapter for approval by the planning commission in order to ensure that the proposed development is planned in proper relationship to the configuration of the site in such a manner as to comply with all requirements of this chapter; the proposed development is planned and located on the site in a manner which will minimize any adverse impact on adjoining areas and future development; and the proposed development is properly coordinated with existing city plans and policies. Required plans shall be submitted to the planning director for distribution to all those agencies or department heads involved in or affected by the proposed development, such as the department of building, housing and zoning, fire chief/fire marshal, department of public works, board of education and the department of recreation and parks.
    A. Preliminary Comprehensive Development Plan. A preliminary comprehensive development plan is the first step in the process of project design or layout of a development. It is intended to provide the planning commission an opportunity to assess the proposed project while in an early planning stage, prior to the developer incurring the expense of preparing a detailed comprehensive development plan. An early review of the concept of the development in preliminary form will enable both the applicant and the planning commission to assess the proposed development and make recommendations relating to existing land use in the area, future plans for development in the area, the adequacy of on- and off-site facilities to serve the proposed development and the functional, public safety and aesthetic considerations relating to the development. Five copies, drawn to scale, of a preliminary comprehensive development plan may be submitted, at the option of the developer, and shall include the following.
    1. The existing general topographic character of the land and existing natural features of the site;
    2. The proposed approximate location, as appropriate, of all roads, vehicular and pedestrian accessways, buildings, the building footprints, parking areas, including the type and size of all spaces, open spaces, recreation facilities, natural features, drainageways, fire-fighting facilities, existing zoning, abutting property owners, stormwater management areas, setbacks for all property lines, landscaping areas and on-site loading and unloading spaces. In addition, the proposed location of any on-site refuse disposal or recycling areas and facilities, or both, as may be required by the city, shall be shown. The location shall be as determined by the director of public works. All such areas or facilities shall be shown together with measures necessary to provide screening in accordance with the requirements of Chapter 17.220.
    3. The approximate density of residential development or the square footage of buildings;
    4. A general indication of the stages and timing of construction if the project is to be developed in stages; and
    5. A description of the considerations taken into account in preparing the overall development concept and any special considerations given to the location of streets, buildings, parking areas and other facilities proposed on the site.
    B. Comprehensive Development Plan. A comprehensive development plan shall be submitted and shall include the following elements. If a preliminary comprehensive development plan has been submitted and reviewed by the planning commission, all recommendations and suggested changes shall be incorporated in the final development plans submitted.
    1. Five copies of a comprehensive site plan showing the proposed development in its entirety, drawn to scale by an architect, surveyor, engineer or other person qualified to prepare a site plan acceptable to the city of Salisbury, shall be submitted to the planning director for distribution to all those agencies or department heads involved in or affected by the proposed development, such as the department of building, housing and zoning, fire chief/fire marshal, department of public works, planning department, board of education and the department of recreation and parks.
    2. The comprehensive site plan shall show the proposed location and dimensions of all roads, vehicular and pedestrian accessways, buildings, the building footprints, parking areas, including the type and size of all spaces, open spaces, recreation facilities, natural features, drainageways, firefighting facilities, existing zoning, abutting property owners, stormwater management areas, setbacks from all property lines and on-site loading and unloading spaces. In addition, the proposed location of any on-site refuse disposal or recycling areas and facilities or both, as may be required by the city, shall be shown. The location shall be as determined by the director of public works. All such areas or facilities shall be shown together with measures necessary to provide screening in accordance with the requirements of Chapter 17.220.
    3. Each site plan shall include a tabular summary of the following information relevant to the proposed use:
    a. The total area of the site;
    b. The land area devoted to buildings;
    c. The land area devoted to parking, including the amount, location and type of on-site parking spaces;
    d. The land area devoted to open space;
    e. The number of units, by bedroom type;
    f. The gross floor area and gross leasable floor area of all buildings or structures.
    C. Landscaping or Screening Plan.
    1. A landscaping or screening plan shall be submitted to the planning director as a part of the comprehensive development plan of the site; and if the submission of a comprehensive development plan is preliminary, a landscaping or screening plan may be preliminary.
    2. Three copies of a landscaping or screening plan prepared by a registered landscape architect, architect, engineer, landscape designer, or nurseryman shall be submitted to the planning director for distribution to the director of building, housing and zoning and to the director of the department of public works. In addition to being prepared in accordance with the provisions of Chapter 17.220, the plan or plans shall include the following:
    a. The approximate location of neighboring homes or other buildings in the vicinity of the proposed development site;
    b. An outline of existing wooded areas and other natural features and the features to be retained;
    c. The approximate location of branches or natural, intermittent drainage channels;
    d. The approximate location of any outstanding individual trees or special features on the development site;
    e. The location, name, size and height or diameter of shrubbery and trees to be planted within landscaped or screened areas;
    f. The height, length, type and location of fencing to be used for screening purposes.
    3. If the proposed development is within an area for which planting development guidelines have been established by the planning commission, the landscaping plan shall be prepared in accordance with such guidelines.
    D. Three copies of a lighting plan, drawn to scale, shall be submitted to the planning director for distribution to the department of public works and the department of building, housing and zoning, which plan shall show the location, type, style and height of all exterior lighting fixtures.
    E. Three copies of a drainage plan or stormwater management plan, drawn to scale, shall be submitted to the planning director which shall show the areas to be used for stormwater management and the type of facilities proposed including the discharge point.
    F. In reviewing and approving either preliminary comprehensive development plans or final comprehensive development plans, the planning commission may establish those conditions it deems appropriate to accomplish the spirit and intent of this chapter and may grant tentative or conditional approval to any such plan subject to compliance with the conditions of approval.
    G. Once a comprehensive development plan has been approved by the Commission, no building permit may be issued which does not comply with the uses and standards shown on that approved or subsequently amended plan. (Ord. 1599 § 17, 1995; prior code § 150-266)

Section 17.180.020 Review by appropriate agencies.
The required plans shall be reviewed by the appropriate agencies for consistency with all local development policies and conformance with all local ordinances where applicable and shall be submitted with written comments, pro or con, to the planning department for review by the planning commission. (Prior code § 150-267)

Section 17.180.030 Scheduling of review by planning commission.
A. Preliminary Comprehensive Development Plan. Following staff review, and receipt of comments from appropriate agencies, the Planning Commission shall review the preliminary comprehensive development plan at the next regularly scheduled meeting.
B. Comprehensive Development Plan. After the comprehensive development plan has been submitted, reviewed and final comments received from the appropriate agencies on the plans and information required for a comprehensive development plan, the planning commission shall schedule a review for final approval of the proposed development at the next regularly scheduled meeting. (Prior code § 150-268)

Section 17.180.040 Review procedure.
The planning commission shall review the proposed development and all comments received with respect to traffic and circulation patterns, internal and external; relation to major thoroughfares; utilities; drainage; community facilities, existing or future; historic site preservation; provisions for open space and recreational facilities, landscaping and screening; and in general with the objective of ensuring a durable, harmonious and appropriate use of land in accord with the objective of the Salisbury metro core plan. To these ends the commission shall consider the location of buildings, parking areas and other features with respect to the topography of the land and its existing natural features; the efficiency, adequacy and safety of the proposed layout of internal streets, driveways and parking areas; the adequacy and location of open space or green area provided, bearing in mind the possible effects of irregularly shaped lots; and any such other matter as the commission may find to have a material bearing upon the stated standards for the type of development proposed. Upon consideration of all these things, the commission may consider deviations from strict compliance with the standards for the development proposed, if the commission finds that an alternative arrangement or design of the site can more readily accomplish a harmonious use of the land and the intent of the purpose for which the standards are set forth. The commission may require changes or modifications to the proposed development plans to assure that the requirements of this section, the intent of the purpose for the required standards and the intent of the purpose for the district in which the development is located are met. (Prior code § 150-269)

Section 17.180.050 Special exceptions.
For all developments requiring a special exception, the planning commission shall, after reviewing all plans and comments, submit its review findings, together with all plans and comments and any suggested conditions or changes, to the board of zoning appeals for final consideration at a formal public hearing. (Prior code § 150-270)

Section 17.180.060 Waiver.
The planning commission and/or the board of zoning appeals may waive any or all of the statements or studies required as part of the comprehensive development plan set forth in the definition in Section 17.04.120, after consideration of the extent and impact of the development proposed, whether the requirement is necessary and in the best interest of the city, and the hardship imposed by the requirement upon the applicant. (Prior code § 150-271)

Chapter 17.184

ENVIRONMENTAL NOISE STANDARDS

Sections:
    17.184.010 Definitions.
    17.184.020 General standards.
    17.184.030 Prohibitions--Exceptions--Exemptions.
    17.184.040 Variance, enforcement and appeal.

Section 17.184.010 Definitions.
    As used in this chapter, the following terms shall have the meanings indicated:
    "Daytime hours" means seven a.m. to ten p.m. local time.
    "dBA" means the abbreviation for the sound level, in decibels, determined by the A-weighting network of a sound-level meter or by calculation from an octave band or one-third octave band.
    "L_dn" means the abbreviation for the day-night average sound level, which means, in decibels, the average sound level for a twenty-four-hour day with a ten-decibel penalty applied to noise occurring during the nighttime period.
    "L_eg" means the abbreviation for the equivalent sound level, which means the level of a constant sound which, in a given situation and time period, would convey the same sound energy as does the actual time-varying sound during the same period.
    "Nighttime hours" means ten p.m. to seven a.m., local time. (Prior code § 150-240)

Section 17.184.020 General standards.
A. The following sound levels represent the general standards prescribed by the Maryland Department of Health and Mental Hygiene for the state of Maryland by general zoning districts under the Environmental Noise Act of 1974:

TABLE 1

Environmental Noise Standards

Zoning
District Level
(dBA)
Measure

Industrial 70 L_eg (24)

Commercial 64 L_dn

Residential 55 L_dn

    B. For the purpose of this chapter, property which is not zoned residential, commercial or industrial shall be classified according to use as follows:
    1. "Commercial" means property used for buying and selling goods and services.
    2. "Industrial" means property used for manufacturing and storing goods.
    3. "Residential" means property used for dwellings. (Prior code § 150-241)

Section 17.184.030 Prohibitions--Exceptions--Exemptions.
A. A person may not cause or permit noise levels which exceed those specified in the following table, except as provided under subsection (B), exceptions, and (C), exemptions, of this section:

TABLE 2

Maximum Allowable Noise Levels by Zoning Category

Effective Date Day/
Night Industrial
(dBA) Commercial
(dBA) Residential
(dBA)

January 1, 1980 Day 75 67 65

January 1, 1980 Night 75 62 55

    B. Exceptions.
    1. A person may not cause or permit noise levels emanating from construction or demolition site activities which exceed:
    a. Ninety (90) dBA during daytime hours;
    b. The levels specified in Table 2 during nighttime hours.
    2. A person may not cause or permit the emission of prominent discrete tones and periodic noises which exceed a level which is five dBA lower than the applicable level listed in Table 2.
    3. A person may not cause or permit beyond the property line of a source vibration of sufficient intensity to cause another person to be aware of the vibration by such direct means as sensation of touch or visual observation of moving objects. The observer shall be located at or within the property line of the receiving property when vibration determinations are made.
    C. Exemptions.
    1. The provisions of this chapter may not apply to devices used solely for the purpose of warning, protecting or alerting the public, or some segment thereof, of the existence of an emergency situation.
    2. The provisions of this chapter may not apply to the following:
    a. Household tools and portable appliances in normal usage;
    b. Lawn care and snow removal equipment (daytime only) when used and maintained in accordance with the manufacturer's specifications;
    c. Agricultural field machinery when used and maintained in accordance with manufacturer's specifications;
    d. Blasting operations for demolition, construction and mining or quarrying (daytime only);
    e. Motor vehicles on public roads;
    f. Aircraft and related airport operations at airports licensed by the state aviation administration;
    g. Boats on state waters or motor vehicles on state lands under the jurisdiction of the department of motor vehicles;
    h. Emergency operations;
    i. Pile-driving equipment during the daytime hours of eight a.m. to five p.m.;
    j. Sound not electronically amplified created by sporting, amusement and entertainment events and other public gatherings operating according to terms and conditions of appropriate local jurisdictional body. This includes, but is not limited to, athletic contests, amusement parks, carnivals, fairgrounds, sanctioned auto racing facilities, parades and public celebrations. This exemption only applies between the hours of seven a.m. and twelve midnight;
    k. Rapid-rail transit vehicles and railroads;
    l. Construction and repair work on public property;
    m. Air-conditioning or heat pump equipment used to cool or heat housing on residential property. For such equipment, a person may not cause or permit noise levels which exceed seventy (70) dBA for air-conditioning equipment and seventy-five (75) dBA for heat pump equipment at receiving residential property. (Prior code § 150-242)

Section 17.184.040 Variance, enforcement and appeal.
Procedures for variance, enforcement and appeal of the environmental noise standards are prescribed by the state law and set forth in Sections .03, General Regulations, and .05, Penalties, of Subtitle 20, Noise Pollution, Chapter 01, Control of Noise Pollution. (Prior code § 150-243)

Chapter 17.188

LOCATION OF PUBLIC AND SEMIPUBLIC USES

Sections:
17.188.010 Purpose.
17.188.020 Procedure.

Section 17.188.010 Purpose.
It is the intent of this chapter to clarify procedures necessary for locating any public structure, building, use or right-of-way within any zoning district. These provisions are consistent with the authority granted in Annotated Code of Maryland, Article 66B, § 3.08, Legal status of the plan. Nothing in this chapter shall exempt any user from meeting all other development standards of this chapter, as appropriate. (Prior code § 150-182)

Section 17.188.020 Procedure.
    A. Effective as of the date of adoption of the metro core comprehensive plan by the city council, no street, square, park or other public way, ground or open space or public utility, whether public or privately owned, shall be constructed or authorized in the city until approved by the planning commission.
    B. The planning commission shall review all proposed public or privately owned facilities as stated above with a view toward assuring that the location, character and extent of such development is consistent with the metro core comprehensive plan.
    C. Failure of the planning commission to act within sixty (60) days from and after the date of official submission to the planning commission shall be deemed approval.
    D. The commission shall send its decision, along with supporting reasons and related information, to the city council.
    E. The city council shall have the right to overrule any such decision of the commission by a recorded vote of not less than two-thirds of its entire membership.
    F. Failure of the city council to act within sixty (60) days from and after the date of submission of the recommendation of the planning commission shall be deemed concurrence with the recommendation of the planning commission.
    G. If any public way, ground, space, building, structure or utility is not to be financed by the city, then the submission for approval shall be by the board, commission or body having such approval. The commission's action may be overruled by said board, commission or body by a vote of not less than two-thirds of its membership. (Prior code § 150-183)

Chapter 17.192

MOBILE RESIDENCE PARKS

Sections:
    17.192.010 Purpose.
    17.192.020 Development standards.
    17.192.030 General facility requirements.
    17.192.040 Operation and maintenance rules and regulations required.
    17.192.050 License required.

Section 17.192.010 Purpose.
To provide for the establishment of mobile residence parks with flexibility in design and arrangement of lots and streets to accommodate different styles and sizes of mobile residences; to assure that there is open space and recreation areas for residents of the park; and to enhance the affect of mobile residence parks on surrounding areas through landscaping, screening and site facilities, the following standards for development are established. (Prior code § 150-225)

Section 17.192.020 Development standards.
    A. Land Area. The minimum land area of a mobile residence park shall be three acres.
    B. Density. The maximum density of a mobile residence park shall be eight mobile residences per acre, excluding internal streets to serve the park.
    C. Open Space. Open space equal to eight percent of the total park area shall be provided. Open space areas shall be of regular shape, centrally located, on dry ground and usable as developed open space. In large mobile home parks, open space areas shall be decentralized to minimize walking distance and to provide a better distribution of recreation areas.
    D. Setback and Lot Requirements. Mobile residences shall be located no closer than twenty-five (25) feet from the right-of-way of any street. No mobile residence shall be closer than twenty (20) feet to another mobile residence. Mobile residences shall be set back forty (40) feet from the perimeter of the park. No mobile residence lot shall be less than thirty-five (35) feet wide.
    E. Street Requirements. All proposed streets shall be reviewed and approved by the Salisbury department of public works to ensure safe and adequate traffic movement for residents of the park. Street rights-of-way may vary in width from forty (40) to sixty (60) feet, depending upon the design of the streets to serve as connecting streets or major collectors and whether parking is to be provided on street. Streets shall be designed to provide a continuous forward motion and unobstructed passage of mobile residences towed by a moving vehicle to and from placement on a mobile residence lot. Streets shall be adequately drained, and curb and gutter shall be provided along both sides.
    F. Parking Requirements. Two off-street parking spaces shall be provided for each mobile residence lot. One space may be permitted on a mobile residence lot if the second space is provided in a common parking area which shall be within reasonable walking distance of the individual mobile residence site. Parking areas shall be developed in accordance with the requirements of Chapter 17.196 and landscaped in accordance with Chapter 17.196.
    G. Landscaping, Walkways and Lighting Requirements.
    1. A landscaping and screening plan shall be required in accordance with Chapter 17.220 and shall show landscaping of individual sites, common parking areas, perimeter screening areas, recreation areas, service and storage buildings, utility areas and common or general trash and garbage disposal areas.
    2. A ten-foot-wide screening area shall be provided at the perimeter of the mobile residence park in accordance with the requirements of Chapter 17.220.
    3. A four-and-one-half-foot-wide paved walkway shall be provided along one side of minor streets, along both sides of major streets and to each common parking area and service building.
    4. All parking areas, streets and walkways shall be adequately illuminated at night to be clearly visible. (Prior code § 150-226)

Section 17.192.030 General facility requirements.
    A. A solid six-inch-thick concrete pad to fit the outside dimensions of the mobile residence to be placed thereon shall be provided on each mobile residence lot.
    B. A concrete patio at least eight feet wide and one hundred twenty-eight (128) square feet or more in area shall be provided at the main entrance of each mobile residence.
    C. A paved walkway not less than two feet wide shall be provided from each mobile residence pad to a driveway or parking space.
    D. Each occupied mobile residence shall be supported on masonry blocks, tied down, connected to utilities and enclosed at the base with fire-resistant boxing or skirting designed for such use.
    E. Each mobile residence shall be provided with three hundred sixty (360) cubic feet of enclosed storage space located within one hundred fifty (150) feet of said mobile residence.
    F. The park shall be served by public utilities and all utility wires, pipes and tanks and shall be located underground to the point of connection to a mobile residence on a lot.
    G. All common trash and garbage collection containers shall be located on concrete standards and screened in accordance with Chapter 17.220. (Prior code § 150-227)

Section 17.192.040 Operation and maintenance rules and regulations required.
Rules and regulations for the operation and maintenance of the mobile residence park shall be required and shall include but not be limited to maintenance of recreation areas and landscaping, refuse collections, fire protection, outside storage areas and maintenance of parking, service and utility areas. (Prior code § 150-228)

Section 17.192.050 License required.
The mobile residence park shall not be occupied until a license has been issued by the city council. (Prior code § 150-229)

Chapter 17.196

OFF-STREET PARKING AND LOADING STANDARDS

Sections:
    17.196.010 Purpose.
    17.196.020 General standards.
    17.196.030 Parking space requirements.
    17.196.040 Loading space requirements.
    17.196.050 Drive-in-window requirements.

Section 17.196.010 Purpose.
The purpose of these standards is to require the provision of automobile parking areas or garages and off-street loading areas sufficient to serve all of the parking and loading needs of the building or use and of occupants, clients, employees or other persons associated therewith; in order to reduce the use of the public streets for such purposes; and to facilitate the movement of police, fire and hospital vehicles, to encourage the use of streets for vehicular movement and to discourage the blocking of streets, alleys and entrances to buildings, and thus aid in the relief of traffic congestion in the streets. (Prior code § 150-187)

Section 17.196.020 General standards.
    No land shall be used or occupied, no structure shall be designed, erected or expanded, used or occupied, and no establishment shall be operated, unless sufficient off-street parking and loading spaces are provided in accordance with this chapter. However, the provisions of this chapter shall not apply to established parking districts or uses for which a valid permit has been issued.
    A. Uses Not Listed. For any use, the wording of which is not specifically listed, the building official shall determine if any other use is similar in nature, and the parking provisions for such a use shall prevail. Where the director of the department of building, housing and zoning cannot make a determination of similar use, the planning commission, in accordance with the provisions of Chapter 17.04, Article II, shall review the proposal and make a written determination of similar use upon which the parking provisions for such use shall prevail.
    B. Encroachment. An off-street parking area shall not be encroached upon by buildings, storage, loading or unloading or any other use where such reduction or encroachment will reduce the area below that required by this Article, nor shall the number of parking spaces be reduced except upon the granting of a variance by the board of zoning appeals. However, the placement of construction above such parking area shall not be deemed an encroachment if it is part of a building on the site and at least eight feet above the surface of the parking area.
    C. Prohibited Uses. No parking area shall be used for the sale, repair, dismantling or servicing of any vehicles or equipment or for the storage of materials or supplies, excluding emergency service and repair of vehicles.
    D. Location.
    1. All required parking spaces shall be located on the same lot as the use they serve, except that:
    a. The owner of two or more abutting lots may locate the use on one lot and the parking spaces required for the use on another of his abutting lots; or
    b. Two or more abutting property owners may locate the parking spaces required for their uses on any of their lots if:
    i. The lot(s) providing the parking space abuts the lot(s) containing the use(s) it serves;
    ii. All of the affected lots are in the same zoning district;
    iii. The total number of spaces provided is not less than the sum of spaces required for all the uses;
    iv. Means of pedestrian access is provided from the parking space to the uses so that pedestrians are not required to traverse property owned by other than said property owners, except where public sidewalks may provide the access;
    v. That a recorded lease, easement or other form of agreement be executed among said property owners assuring perpetual use of the required parking spaces until or unless the required parking spaces are located on the same lot as the use they serve. In all cases above, both lots shall be included in the application for a building permit or certificate of occupancy.
    c. Where buildings existing on the date of enactment of this chapter cover a lot or parcel of land to the extent that required parking cannot be accommodated on the site, required parking may be provided on another lot in the same or adjoining district by special exception of the board of zoning appeals in accordance with Chapter 17.232.
    2. All parking spaces and lots open to the sky (i.e., not in garages or carports) shall be located no closer than three feet from the interior property line or back of the sidewalk or eight feet from the curbline where no sidewalk exists, except for abutting property lines of two or more lots exercising the options for common parking stipulated above.
    3. All covered parking spaces and lots, including garages and carports, shall not be located within any yard setback area, except when permitted as an accessory building.
    E. Existing Facilities. Parking spaces and lots serving structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this chapter as long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements or, if already below such requirements, be reduced further.
    F. Change in Requirements. Whenever there is an alteration or extension of a use or structure which increases the parking requirements according to subsection (H) of this section, the total additional parking required for the alteration or extension shall be provided in accordance with the requirements of that subsection.
    G. Construction. All required off-street parking spaces and aisles shall be paved with an all-weather material. For spaces and aisles which are not part of a parking lot as herein defined, this may include gravel or other dust-free material to provide a surface resistant to erosion. However, for parking lots, the paving material shall be limited to asphalt, concrete or similar hard surface material with all parking spaces designated with a four-inch white or yellow stripe painted the entire length of each space in accordance with the dimensional requirements stipulated in subsection (H) of this section. All parking areas shall be drained to prevent flooding or damage on adjoining properties or city streets.
    H. Required Off-Street Parking Spaces.
    1. All uses and structures shall provide off-street parking spaces in an amount equal to or greater than the number required in Section 17.196.030, parking space requirements. The total number of parking spaces necessary for two or more uses on the same lot shall be the sum of that required for each use.
    a. Dimensions.
    i. Parking spaces other than those parallel to a curb, aisle or accessway required for off-street parking space shall be at least nine feet wide and twenty (20) feet long. For parallel parking spaces abutting a curb, aisle or accessway, each space shall be eight feet wide and twenty-four (24) feet long.
    ii. The director of building, housing and zoning, at the request of an applicant, may approve alternative parking space dimensions of not less than nine feet wide and eighteen (18) feet in length, provided that:
    (A) A comprehensive site plan is submitted to the planning director showing alternative parking space dimensions;
    (B) No compact vehicle spaces shall be approved to meet the minimum parking requirements of this chapter, but said spaces may be used to provide parking above the required minimum.
    (C) These provisions shall not apply to parallel parking.
    iii. When approving a comprehensive development plan for a shopping center, the Planning Commission, at the request of the applicant, may approve a parking space dimension of not less than nine feet in width and eighteen (18) feet in length, provided that no compact vehicle spaces shall be approved to meet the minimum parking requirements of this chapter. Compact spaces may be used to provide parking above the required minimum parking.
    iv. Compact vehicle spaces required. No more than fifty (50) percent of parking lots for ten or more vehicles shall be reserved for compact vehicles. Parking spaces for compact vehicles shall be at least eight feet in width by seventeen (17) feet in length. Such spaces shall be designated by signs measuring at least ten by sixteen (16) inches, with letters at least three inches high stating "COMPACT VEHICLES ONLY." Where spaces are grouped together, signs may be placed at each end of the group; otherwise, spaces shall be individually signed.
    b. Number and Computation. In computing the required number of spaces, all fractional numbers shall be increased to the next highest integer. When computation is based on the number of employees, the number employed during the largest work shift shall be used.
    2. Parking and loading requirements shall be determined on the basis of the total amount of gross square feet of building area.
    I. Parking Lots. For the purpose of this title, "parking lots" are defined as facilities providing off-street parking space for five or more vehicles. All parking lots shall meet the design and maintenance standards specified below. All applications for a building or occupancy permit to use land, in whole or in part, as a parking lot as herein defined shall be accompanied by a landscaping plan as stipulated in Chapter 17.220.
    1. Dimensions.
    a. All parking spaces shall comply with the dimensions specified in subsection (H)(1)(a). The minimum dimensions of all aisles providing access to parking lot spaces shall be as follows:

              Aisle Width
         (feet)

Angle of Parking
Space to Aisle
One-Way
Two-Way

Parallel 12 20

30 ° (150 °) 12 20

45 ° (135°) 15 20

60 ° (120 °) 18 20

90 ° 24 24

    b. No portion of any parking space shall intrude into the required aisle width. For aisles providing access to parking spaces set at angles other than those specified above, the required aisle width shall be that of the nearest specified angle of parking. If equidistant from specified angles, the greatest aisle width of the two nearest angles shall apply.
    c. Handicapped spaces and dimensions shall be provided in accordance with state law.
    2. Obstructions. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked vehicle.
    3. Ingress and Egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the requirements for motor vehicle access stipulated by the city department of public works. Parking spaces, other than residential, shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.
    4. Location and Yard Requirements.
    a. All parking lots shall meet the location requirements stipulated in Section 17.196.020(D).
    b. All yards surrounding the parking lot, exclusive of driveways providing ingress and egress to the lot, shall be bordered by a curb six inches high along the sides of the yard area abutting the parking lot, including spaces and aisles. Concrete curb or bumpers shall be required in areas where, in the opinion of the director of the bureau of inspections and the director of public works, a curb constructed of asphalt or similar material would be vulnerable to vehicular damage. If bumpers are provided at the end of each parking space, a curb is not required. Setback areas shall be planted with grass or similar vegetative material and may include shrubs, fences or walls, provided that they are not placed closer than three feet from any parking space.
    5. Structures. Utility poles, light standards and similar structures shall not be permitted within any aisle or parking space. Any structure located elsewhere within a parking lot shall be surrounded on all sides abutting the spaces or aisles by a curb six inches high, separated from the structure by at least three feet, the distance to be measured from the broadest point on each side, exclusive of any portion greater than ten feet from the ground.
    6. Raised Islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway. The raised island shall be bordered by an asphalt or concrete curb six inches high wherever it abuts a space or aisle and shall each be an average of at least eight feet wide and extend the length of the parking space and/or bay. The islands shall be planted with trees, grass, shrubs and similar vegetative materials (see Chapter 17.220) and may be combined with crushed stone. Utility poles and light standards may be installed within the raised islands, provided that they are separated from the spaces and aisles as required in Subsection (I)(5) above.
    7. Maintenance. All parking lots shall be kept free from litter and trash. Any vegetative material required herein which dies shall be replaced as soon as recommended seasonal conditions occur for the replacement of the species.
    8. Reduction of Paved Areas. The board of zoning appeals may reduce the required number of paved parking spaces for a proposed retail sales use, provided that the board determines the proposed paved areas will adequately serve the proposed use and provided that land to accommodate the required number of paved parking spaces is set aside and maintained in grass area, and further provided that should the retail sales use be changed, the required paved parking spaces shall be provided.
    9. Up to fifty (50) percent of the parking spaces required for theaters, public auditoriums, bowling alleys, dance halls and nightclubs, and up to one hundred (100) percent of the parking spaces required for a church auditorium, may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those uses listed above; provided, however, that such joint use is approved by the board of zoning appeals and written agreement thereto is properly executed and recorded in the land records of Wicomico County, except that such joint use in a planned development district shall be approved by the city council as part of the development plan. (Ord. 1599 § 5 (part), 1995; prior code § 150-188)

Section 17.196.030 Parking space requirements.
    Parking space requirements shall be as follows:

Type of Use Parking Spaces Required

Residential:
      All residential uses except
      those specified below
2 for each dwelling unit

      Apartment development 1½ for each dwelling unit constructed prior to
November 2002, plus 20% of total for guest
parking

      Apartment developments constructed after
      November ___, 2002: 2 spaces for each efficiency, one bedroom and
two bedroom dwelling unit and 3 spaces for each
dwelling unit containing three bedrooms or more
plus 20%, of total for guest parking

      Boardinghouse/rooming house, fraternity
      sorority and dormitory 1 per sleeping room between front building line
and rear lot line

      Cloister housing 1 for each dwelling unit

      Housing for the elderly and handicapped 1 for each dwelling unit

Commercial:

      Animal hospital 1 per 200 square feet of gross floor area

      Auction 1 per each 2 persons' maximum capacity

      Automobile filling station 2 per fuel pump

      Automobile repair garage 1 per 100 square feet of gross floor area, plus 2
per fuel pump if a filling station

      Automobile sales 1 per 200 square feet of gross floor space

      Banks and financial institutions 1 per 200 square feet of gross floor area, plus
reservoir of 5 per each drive-in stall

      Bus terminal 1 per 100 square feet of gross floor area, plus 1
for each bus regularly scheduled or stored on the
premises

      Car wash 4 per stall

      Funeral home 1 per each 3 capacity of viewing area, plus 1 per
vehicle maintained on the premises

      Hairdresser's shop 2 per chair

      Home occupation 1 in addition to spaces required for the dwelling

      Home office 2, provided between the front building line and
rear lot line, in addition to the spaces required for
the dwelling

      Hotel; motel 1 per guest room, plus required parking for
accessory uses contained on the premises

      Laundromat 1 per 3 washers or dryers, in any combination

      Office 1 per 200 square feet of gross floor area

      Retail sales and service establishment 1 space per 200 square feet of gross floor area

      Studio 1 per 200 square feet of gross floor area

      Mixed-use building (built prior to July 1,       1994) 1 space per 200 gross square feet of building area

      Mixed-use building (built after July 1, 1994) 1 space per 200 gross square feet of building area
plus any additional parking as may be required for
any restaurant

Shopping centers:

      Up to 30,000 square feet (Built prior to
      July 1, 1994) 1 space per 200 gross square feet of building area

      Up to 30,000 square feet (Built after July
      1, 1994) 1 space per 200 gross square feet of building area
plus any additional parking as may be required for
any restaurant

      30,001 to 100,000 square feet 1 per 200 square feet of gross floor area

      100,001 to 300,000 square feet 1 per 225 square feet of gross floor area

      300,001 to 600,000 square feet 1 per 250 square feet of gross floor area

      over 600,000 square feet 1 per 275 square feet of gross floor area

Recreational or entertainment:

      Arena; auditorium; stadium; theater 1 per each 3 seats of maximum seating capacity

      Bowling alleys 5 per bowling lane

      Private clubs, lodges and
      fraternal organizations 1 per 100 square feet

      Restaurant; tavern; nightclub;
      dance hall 1 per 25 square feet of floor area set aside
for patrons, plus 1 for each 2 employees

      Skating rink 1 per each 3 persons' capacity

      Swimming pool 1 per each 3 persons' capacity

      Tennis, racquetball and
      handball establishment 4 for each court, plus 1 for each 300 square
feet of gross floor area used for patron service

      Billiard parlor; automatic
      amusement device establishment 1 per 2 amusement devices

Institutional:

      Church or other place of
      worship 1 per 3 seats of maximum seating capacity, unclu-
ding accessory rooms used for Sunday school or
other activities in addition to the main hall used
for services

      Fire station 1 for each Fire Marshal and Fire Chief, plus 1 per
each member of the largest shift of regularly em-
ployed fire fighters, plus 1 for each regular em-
ployee

      Police station 1 for police chief, plus 1 for captain, plus 1 for
each member of the largest shift of regularly
employed policemen, plus 1 for each regular
employee and 2 for members of the public

      Hospital 1½ per each bed and 1 for each 2 employees on
the largest shift, including staff doctors

      Libraries, museums, art galleries 1 space per each 200 square feet of gross floor
area

      Care home 1 per 5 patient beds and 1 off-street loading and
unloading area

      Medical and dental clinic and office 1 per each 200 square feet of gross floor area

      Group domiciliary care facility and
      group home 1 per sleeping room, plus 1 additional parking space
for each 2 resident care persons, except that where
owners and/or operators of such facilities prohibit
operation and/or use of automobiles by residents
in such facilities, the parking space for each bed-
room shall not be required

Schools (public, parochial or private):

      Day-care facilities for children,
      elderly and/or handicapped;
      nursery school 1 per 10 occupants, plus 1 per each 2 employees
and 1 off-street loading and unloading area

School of general instruction:

      Elementary school 1 for each teacher and each employee; or 1 for every
6 seats of fixed seating and/or 1 space for every 90
square feet of area used as a main meeting hall or
auditorium, whichever is greater, and 1 off-street
loading and unloading area

      Junior-senior high school 1 for each teacher and each employee, plus 1 for
each 5 students of design capacity in grades 10
through 12; or 1 per 3 seats in any area used as a
main meeting hall or auditorium, whichever is
greater, and 1 off-street loading and unloading area

      Colleges and universities 1 for each 4 students

      School of special instruction 1 for each 2 students

Industrial:

      All industrial and manufacturing uses,
      except those specified below 1 per each 2 employees on the largest shift for
which the building is designed plus 1 for each
motor vehicle used in the business

      Auto wrecking; junk and scrap
      establishments storage area 1 per employee, plus 1 per 10,000 square feet

      Freight and trucking terminals; moving
      and storage; parcel delivery an express
      transfer stations; wholesale distribution
      and warehouses 1 per employee, plus 1 per vehicle maintained on
the premises

(Ord. 1864, 2002; Ord. 1786 § 14, 2000; Ord. 1599 § 5 (part), 1995; prior code § 150-189)

Section 17.196.040 Loading space requirements.
    A. Required Spaces.
    1. One off-street loading and unloading space shall be provided for all free standing buildings with a gross floor area of at least fifteen thousand (15,000) square feet but less than thirty thousand (30,000) square feet. Each space shall be a minimum of twelve (12) feet wide by twenty-five (25) feet in length.
    2. One off-street loading and unloading space shall be provided for all free standing buildings that have a floor area of thirty thousand (30,000) gross square feet of floor area or more, plus one additional space for each additional thirty thousand (30,000) square feet or fraction thereof. Each space shall be a minimum of twelve (12) feet wide by fifty (50) feet in length.
    3. One off-street loading and unloading space shall be provided for groups of uses where the total gross square feet of the building is thirty thousand (30,000) square feet or less. Each space shall be a minimum of twelve (12) feet wide by twenty-five (25) feet in length.
    4. Shopping centers shall provide off-street loading and unloading spaces as follows; provided, that at least one space shall be provided exclusively for use by each store of thirty thousand (30,000) gross square feet or more:a. Neighborhood--thirty thousand (30,000) gross square feet or less - one space;
    a minimum of twelve (12) feet in width by twenty-five (25) feet in length;
    b. Neighborhood--over thirty thousand (30,000) square feet - one space per thirty thousand (30,000) square feet or fraction thereof; a minimum of twelve (12) feet in width by fifty (50) feet in length;
    c. Community--one space per thirty thousand (30,000) square feet or fraction thereof, a minimum of twelve (12) feet in width by fifty (50) feet in length;
    d. Regional--one space per forty thousand (40,000) square feet or fraction thereof; a minimum of twelve (12) feet in width by fifty (50) feet in length.
    B. Standards.
    1. All loading and unloading spaces shall be paved with an all weather material.
    2. All such spaces shall be located no closer than ten feet to a public street right-of-way and five feet to any other lot line.
    3. Required off-street parking spaces shall not be used for loading and unloading purposes, except during hours when business operations are suspended.
    4. All required loading and unloading spaces shall be located on the same property as the use they serve.
    5. All loading and unloading areas shall be located so as not to infringe on any accessways or parking spaces nor shall any space be located in such a manner as to obstruct access to any parking space.
    6. All loading and unloading spaces shall be shown on any site plan submitted to any city department, board or commission, as required by this title.
    C. Existing Facilities. Off-street loading and unloading structures and uses in existence at the date of adoption of this title shall not be subject to the requirements of this chapter as long as the kind or extent of use is not changed. Any space now serving such structures or uses shall not be reduced below such requirements or, if already below such requirements, be further reduced.
    D. Change in Requirements. Whenever there is an expansion or extension of a use or structure, the total additional off-street loading or unloading areas required for the amount of the expansion or extension shall be provided in accordance with the requirements of this chapter. (Ord. 1599 § 8, 1995: prior code § 150-190)

Section 17.196.050 Drive-in-window requirements.
Uses providing drive-in window service shall provide a reservoir of five spaces on site for each drive-in window or stall. (Prior code § 150-191)

Chapter 17.200

PATIO DWELLINGS

Sections:
17.200.010 Purpose.
17.200.020 Design standards and restrictions.

Section 17.200.010 Purpose.
Patio dwellings are a type of housing permitting individual home ownership while offering greater privacy to the individual resident and more useable open space. To provide easements for maintenance, to assure privacy and usable open space and to protect adjoining properties from stormwater runoff, the following standards for patio dwellings are established. (Prior code § 150-208)

Section 17.200.020 Design standards and restrictions.
A. Minimum lot standards shall be as follows:

Side Lot Line*

District Lot Lot Area
(square
feet) Lot
Width
(feet) Front
Yard
(feet)
Zero
(feet)
Opposite
(feet) Rear
Yard
(feet)

R-5 Interior 5,000 50 25 0 20 30

and Corner 5,000 55 25 0 25 30

R-5A

R-8 Interior 8,000 60 25 0 20 30

and Corner 8,000 65 25 0 25 30

R-8A

R-10 Interior 10,000 70 25 0 20 30

and Corner 10,000 70 25 0 25 30

R-10A

    *NOTE: Side yard for patio lots adjoining other land:
    a. Where a lot is proposed to be used for a patio dwelling but adjoins another parcel of land under different ownership, zero lot lines are not permitted on the common lot line between the adjoining parcel and the proposed patio dwelling lot. Where a lot is proposed to be used for a patio dwelling but adjoins a vacant parcel of land under the same ownership, a twenty-foot-wide easement shall be required on the adjoining parcel along the zero lot line.
    b. Easement for Maintenance.
    1. A five-foot-wide easement for the purpose of maintenance of the patio dwelling and accessory buildings shall be reserved on the lot adjoining the zero lot line. The easement is to be parallel to and contiguous with the zero lot line.
    2. For ease of maintenance, as well as privacy, no windows or other openings may be permitted on the exterior wall of a patio dwelling abutting a zero lot line in accordance with the building code.
    B. Subdivision Plat Requirements. A subdivision plat showing all lots, easement(s) (public and/or private) and perpetual maintenance responsibility regarding roof eaves and rain gutters and downspouts shall be submitted for review and approval by the Planning Commission. The plat shall be prepared in accordance with the requirements and procedures set forth in the Subdivision Regulations. Prior to issuance of a building permit, the plat shall be filed in the Land Records Office of Wicomico County.
    C. Accessory Structures. Accessory structures shall be confined to the rear yard and shall not exceed twenty (20) feet in height. Minimum setbacks are as follows:

Side Lot Line

District
Lot      Rear Lot Line
     (feet) Zero
(feet) Opposite
(feet)

R-5 and R-5A Interior      5 0 5

Corner      5 0 25

R-8 and R-8A Interior      5 0 5

Corner      5 0 25

R-10 and R-10A Interior      5 0 25

Corner      5 0 25

D. Building Height. Building height shall not exceed the maximum height regulations set forth for the district in which patio dwellings are to be situated.
E. Parking Requirements. Two off-street parking spaces shall be provided for each patio dwelling unit in accordance with off-street parking requirements for single-family detached dwellings. (Ord. 1599 § 12 (part), 1995; prior code § 15-209)

Chapter 17.204

PLANNED DEVELOPMENTS

Sections:
    17.204.010 Submission of applications and plans.
    17.204.020 Preapplication conference.
    17.204.030 Submission of outline development plan or preliminary development plan.
    17.204.040 Approval of preliminary development plan.
    17.204.050 Contents of outline development plan.
    17.204.060 Contents of preliminary development plan.
    17.204.070 Final development plan.
    17.204.080 Control of development after completion.

Section 17.204.010 Submission of applications and plans.
Applications for a planned development district as required in Chapter 17.108, shall be made to the planning director. Plans required for each step in the review process shall be submitted to the same office. (Prior code § 150-272)

Section 17.204.020 Preapplication conference.
A. The director of public works, department of building, housing and zoning and planning shall be required to meet with the applicant. The director of the department of building, housing and zoning shall be responsible for notifying the directors and the applicant of the time and place the conference is to be held.
B. The purpose is to provide the developer with information concerning city policies, the requirements of this title and other related ordinances and to review the general outlines of the proposed development, evidenced by sketch plans, before submission of an application to the planning commission. Thereafter, the director of planning shall furnish the applicant written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing components of the application. (Prior code § 150-273)

Section 17.204.030 Submission of outline development plan or preliminary development plan.
A. An applicant shall submit for approval either an outline development plan or a preliminary development plan as described in this chapter. The outline development plan is an optional step in the application process for the purpose of providing the applicant early assurance that the project is acceptable in principal. Approval of the outline development plan shall constitute provisional approval of the proposed development contingent upon approval of the preliminary development plan.
B. If an outline development plan is submitted, a public hearing shall be required before the planning commission. If an outline development plan is not submitted, then a public hearing before the planning commission shall be required on the preliminary development plan. (Prior code § 150-274)

Section 17.204.040 Approval of preliminary development plan.
    A. Hearing and Approval.
    1. If an outline development plan has been submitted and given provisional approval, based on information in the outline development plan, the applicant shall file the preliminary development plan within six months following provisions approval of the outline development plan. The planning director shall refer the recommendations of the planning commission to the city council, and the council shall schedule a public hearing, give notice and provide an opportunity to be heard to each of the following:
    a. A person who is on record as having appeared at the hearing on the outline development plan;
    b. A person who has indicated in writing a desire to be notified;
    c. Other persons who may have an interest.
    2. City council shall then reapprove, disapprove or reapprove the development with modifications, if any.
    B. If an outline development plan has been submitted and approved, a preliminary development plan may be submitted in stages. If a preliminary development plan covering at least twenty (20) percent of the area of the outline development plan has not been submitted within six months following the approval of the development, then the provisional approval shall terminate unless, for good cause, the planning commission extends the period for filing of the preliminary development plan for three months. (Prior code § 150-275)

Section 17.204.050 Contents of outline development plan.
    If an outline development plan is prepared, it shall include maps and written statements described in this section. The information shall deal with enough of the area surrounding the proposed development to demonstrate the relationship of the proposed development to adjoining uses, both existing and permissible.
    A. The maps, which are part of the outline plan, may be in general schematic form and shall contain the following information, when appropriate for the development proposed by the applicant:
    1. The existing general topographic character of the land;
    2. Existing and proposed land uses;
    3. The character and approximate density of the proposed buildings;
    4. The approximate location of streets and major thoroughfares;
    5. Public uses, including schools, parks, playgrounds and other public open spaces;
    6. Common open space and developed open space and proposed facilities in the developed open space suitable for the anticipated occupants of the development.
    B. The written statements, which are a part of the outline development plan, shall contain the following, when appropriate for the development proposed by the applicant:
    1. An explanation of the character of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the type of development proposed;
    2. A statement of proposed financing;
    3. A statement of ownership of all the land within the proposed development;
    4. A general indication of the expected schedule of development. (Prior code § 150-276)

Section 17.204.060 Contents of preliminary development plan.
    A preliminary development plan shall be prepared and shall include the following information, where applicable:
    A. A map showing street systems, lot or partition lines and other divisions for management, use or allocation purposes;
    B. Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses;
    C. A plan for each building site, showing the approximate location of buildings and other improvements, and an outline of common and developed open space areas, indicating areas to be left in a natural state and improvements proposed in the developed open space;
    D. Elevation and perspective drawings of proposed structures;
    E. A development schedule indicating:
    1. The approximate date when construction of the project is expected to begin,
    2. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin,
    3. The anticipated rate of development,
    4. The approximate dates when each stage in the development will be completed,
    5. The area, location and degree of development of common open space that will be provided at each stage;
    F. Agreements, provisions or covenants governing the use, maintenance and continued protection of common and developed open space areas;
    G. The following plans and diagrams, insofar as the reviewing body finds that the development creates special problems of traffic, parking, landscaping or economic feasibility:
    1. An off-street parking and unloading plan,
    2. A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the development, as well as to and from thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern shall be shown;
    H. If an outline development plan has not been filed, the preliminary plan shall contain a written statement, including enough information on the area surrounding the proposed development to show the relationship of the planned development to adjacent uses, both existing and permissible. Written statement shall also include:
    1. An explanation of the character of the planned development and the manner in which it has been planned to take advantage of regulations pertaining to the type of development proposed,
    2. A statement of proposed financing,
    3. A statement of ownership of all land within the proposed development;
    I. A landscaping plan showing the location, species, caliper or height at the time of planting of shrubbery and trees, as well as areas to be sown with grass;
    J. A preliminary subdivision plat in accordance with the requirements of Title 16;
    K. An economic feasibility report or market study. (Prior code § 150-277)

Section 17.204.070 Final development plan.
A. Within six months following approval of the preliminary development plan, the applicant shall file with the director of the department of building, housing and zoning a final development plan containing, in final form, the information required in the preliminary development plan. The director of the department of building, housing and zoning shall forward the plans to the planning office for review by the planning commission. In its discretion and for good cause, the planning commission may extend for six months the period for filing of the final development plan.
B. If the planning commission finds evidence of material deviation from the preliminary development plan, the planning commission shall advise the applicant to submit an application for amendment of the development. An amendment shall be considered in the same manner as an original application. (Prior code § 150-278)

Section 17.204.080 Control of development after completion.
    The final development shall continue to control the planned development after it is finished. The following shall apply:
    A. The building official, in issuing a certificate of completion of the planned development, shall note the issuance of the approved final development plan.
    B. After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned development, where approved as part of the plan, shall be governed by the approved final development plan.
    C. After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan, except that minor modifications of existing buildings or structures may be authorized by the planning commission if they are consistent with the purposes and intent of the final plan and do not increase the number of units or cubic footage of a building or structure.
    D. An amendment to a completed development may be approved if it is required for the continued success of the development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by related land use regulations.
    E. No modification or amendment to a completed development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the development, and all rights to enforce these covenants against any change are expressly reserved. (Prior code § 150-279)

Chapter 17.208

SEMIDETACHED DWELLINGS

Sections:
17.208.010 Purpose.
17.208.020 Minimum lot area, lot width and yards--Height--Parking.

Section 17.208.010 Purpose.
Semidetached dwellings are a type of housing permitting individual home ownership providing more suitable open space by allowing two living units to be combined in a single building with open space provided on all sides of the building. To assure that adequate open space is provided, the following standards for semidetached dwellings are established. (Ord. 1599 § 19 (part), 1995: prior code § 150-206)

Section 17.208.020 Minimum lot area, lot width and yards--Height--Parking.
Minimum lot are, lot width, and yards shall be as follows:
A. Principal building in which both living units are located, as follows or as permitted in subsection (E) of this section:

District Semidetached
Building
Lot Lot Area
(square
feet) Lot
Width
(feet) Front
Yard
(feet) Side
Yard
(feet) Rear
Yard
(feet)

R-5 Interior 5,000 50 25 20 30

and Corner 5,000 55 25 25 30

R-5A

R-8 Interior 8,000 60 25 20 30

and Corner 8,000 65 25 25 30

R-8A

R-10 Interior 10,000 70 25 20 30

and Corner 10,000 70 25 25 30

R-10A

B. Accessory Structures. Accessory structures shall be confined to the rear yard and shall not exceed twenty (20) feet in height. Minimum setbacks are as follows:

From Rear From Side Lot Line

Lot Line Dividing Opposite

District Type of Lot (feet) (feet) (feet)

R-5 and R-5A Interior 5 0 5

Corner 5 0 25

R-8 and R-8A Interior 5 0 5

Corner 5 0 25

R-10 and R-10A Interior 5 0 5

Corner 5 0 25

    C. Building Height. Building height shall not exceed the maximum height regulations set forth for the district in which semidetached dwellings are to be situated.
    D. Parking Requirements. Two off-street parking spaces shall be provided for each semidetached dwelling unit in accordance with off-street parking requirements for single-family detached dwellings.
    E. Once the minimum lot area for the one building containing two units has been established, the lot can be further subdivided so that each living unit is located on its own lot.
    F. Side Yard Measurements. Each semidetached building shall have two side yards of ten feet each with the total setbacks as shown in subsection (A) of this section. (Ord. 1599 § 19 (part), 1995; prior code § 150-207)

Chapter 17.212

SHOPPING CENTERS

Sections:
    17.212.010 Purpose.
    17.212.020 Development standards.
    17.212.030 Permitted uses.
    17.212.040 Parking.
    17.212.050 Loading.
    17.212.060 Paving and illumination.
    17.212.070 Screening and landscaping.
    17.212.080 Signs.

Section 17.212.010 Purpose.
These standards are established as a guide for the development of well-designed shopping centers offering the public convenient shopping facilities with common parking, unified access, landscaping and special sign amenities while minimizing any adverse effects of noise, dust or glare on adjoining or nearby properties. (Prior code § 150-230)

Section 17.212.020 Development standards.
    A. A shopping center shall be developed in accordance with a comprehensive development plan as defined in Section 17.04.120, which shall be submitted and reviewed in accordance with Chapter 17.180.
    B. The site shall be designed so that buildings, parking areas and landscaping are harmonious and attractively arranged and in a manner which will not adversely affect existing or future development in the area.
    C. Buildings shall be designed so that facades, signs and other appurtenances have an integrated and harmonious appearance.
    D. Access to and from the site shall be provided so as not to create a traffic hazard on boundary streets or interrupt traffic flow near an intersection. Entrance and exit drives shall be designed so that traffic will flow smoothly into and out of the parking lot without stacking of cars in entrance ways, onto boundary streets, in front of building entrances or blocking interior access drives to parking areas and shall be delineated from interior parking areas by permanent curbing or similar barriers to effectively channel traffic within the parking lot.
    E. Parking shall be arranged to avoid excessive walking and minimize conflict between pedestrian and interior traffic movements. Loading and unloading areas shall be separated from customer parking areas, and safety provisions shall be made for protection of pedestrians through adequate location of sidewalks and crossovers which are provided with drainage, lighting, directional signs and supervision as may be necessary.
    F. Shopping centers shall be served by common sewers, gas, water, lighting, power and services where feasible.
    G. A minimum of ten percent of the total construction must be initiated within two years of comprehensive development plan approval.
    H. Needs Analysis.
    1. A needs analysis shall be prepared and submitted with the application for a comprehensive development plan for:
    a. Any proposed shopping center greater than one hundred thousand (100,000) gross square feet of floor area approved after July 1, 1989;
    b. The expansion of any existing or previously approved shopping center greater than one hundred thousand (100,000) gross square feet of floor area where such expansion exceeds fifty (50) percent of the approved gross floor area;
    c. The requirement for a needs analysis shall not be waived by the planning commission.
    2. The needs analysis shall be prepared to demonstrate that the amount of proposed building area can be properly absorbed by the local or regional market it is planned to serve.
    3. The needs analysis shall include an assessment of the existing amount of retail floor space in the community and the amount approved in the past but currently unbuilt in order to assure that premature development or a surplus of new commercial floor space does not occur which will oversaturate the city with commercial floor space resulting in the potential deterioration and blight of existing approved commercial areas in the city.
    4. If the planning commission finds, during its review of the comprehensive development plan, that the proposed shopping center will result in the creation of surplus retail square footage in the city which may result in the blight or deterioration of existing commercial areas or that the proposed shopping center may be premature or that the needs analysis is inadequate in content to provide the required information, then it shall recommend denial of the special exception to the board of zoning appeals.
    5. If the commission finds that the proposed development will add to the economic viability of the city and will not create the adverse conditions stated in subsection (H)(4) of this section, a recommendation for approval of the proposed development shall be forwarded to the board of zoning appeals.
    6. The board of zoning appeals shall consider the results of the needs analysis and the planning commission's recommendation in making its decision on any request for a special exception for a shopping center. (Prior code § 150-231)

Section 17.212.030 Permitted uses.
    Land and buildings shall be designed, arranged and used solely for the following enumerated uses:
    A. Department stores;
    B. Retail establishments, including but not limited to the sale of appliances, wearing apparel, general merchandise and foodstuffs;
    C. Commercial service establishments, including but not limited to barbershops, beauty shops, tailor, repair of consumer products, professional services and automobile services;
    D. Recreational establishment, indoor;
    E. Theater and community meeting rooms;
    F. Offices and financial institutions;
    G. Eating and drinking establishments;
    H. Motels and hotels;
    I. Day-care services for employees and patrons of the shopping center;
    J. School of general instruction;
    K. School of special instruction. (Ord. 1765 § 1, 2000; prior code § 150-232)

Section 17.212.040 Parking.
Parking shall be in accordance with Chapter 17.196. (Prior code § 150-233)

Section 17.212.050 Loading.
Off-street loading and unloading space shall be provided in accordance with Chapter 17.196 and landscaped and screened in accordance with Chapter 17.220. (Prior code § 150-234)

Section 17.212.060 Paving and illumination.
All roadways, parking areas and pedestrian walks shall be paved and maintained in good condition at all times. All such areas shall be properly illuminated when used after dark, and such illumination shall be designed so as not to throw glare onto surrounding properties. (Prior code § 150-235)

Section 17.212.070 Screening and landscaping.
Whenever a shopping center is located adjacent to a residentially developed or zoned area, a permanent fence or a ten-foot-wide landscaped screening area at least five feet in height shall be provided along all lot lines adjoining such residential area in accordance with Chapter 17.220. Landscaping of parking lots and peripheral landscaping plantings and fencing shall be in accordance with the requirements and examples set forth in Chapter 17.220. (Prior code § 150-236)

Section 17.212.080 Signs.
    A. A plan shall be required showing the overall design and treatment of signs throughout the center, which shall be submitted to and approved by the planning commission as part of the comprehensive development plan. All signs within the center shall be controlled by written agreement between the owners and tenants of the center to ensure an attractive and harmonious appearance throughout the center.
    B. The following signs shall be permitted as approved by the planning commission on the approved sign plan:
    1. One ground sign no higher than thirty (30) feet above the ground, limited to two faces and a total of four hundred (400) square feet, shall be permitted for the principal street frontage; one additional ground sign may be permitted on a secondary street frontage, with surface area not to exceed two hundred (200) square feet. Such signs may be located within the building setback area, but no part of such sign shall be closer than twenty (20) feet from any curbline for centers located in a neighborhood business district or regional commercial district and fifteen (15) feet from the curbline for centers in a general commerical district, except that where no curbline exists, all sign setbacks shall be from the street right-of-way. The specific location, colors and design of such signs shall be approved by the planning commission and designated on the final approved site plan.
    2. One exterior wall sign for each business establishment located within the same horizontal plan across the building facade. Such sign shall be mounted flush with the building but may include raised lettering not to extend more than eighteen (18) inches from the building wall. Size and color of such signs shall be as shown on the approved overall sign plan.
    3. Projecting and marquee signs not exceeding six square feet in surface area and located no closer than ten feet above walkways.
    4. Bulletin or directory board not exceeding twenty (20) square feet in surface area.
    5. Instructional signs not exceeding three feet in height and six square feet in surface area.
    C. Signs shall be nonflashing. (Ord. 1599 § 20, 1995; prior code § 150-237)

Chapter 17.216

SIGN STANDARDS

Section 17.216.010 Purpose.
There is a significant relationship between the manner in which signs are displayed and public safety and the value and economic stability of adjoining property. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. The purpose of this chapter is to establish minimum standards for signs in direct relationship to the functional use of property and to the intensity of development permitted within the zoning districts provided by this title. The purpose of this chapter is to further traffic safety as there is a significant relationship between outdoor advertising structures and traffic safety. Further, the very nature and changing character of outdoor advertising structures and the material displayed causes a hazard to traffic, a risk to safety of travelers and a detriment to public welfare. The purpose is to further the beautification of the city which, through the acts of the city and through the voluntary acts of its citizens, has been beautified, and the outdoor advertising structures currently existing in the city of Salisbury are aesthetically displeasing and are such that the number, height, size, etc., of these signs reduce the quality of life in the city of Salisbury and affect the health and welfare of the citizens of Salisbury. (Prior code § 150-244)

Section 17.216.020 Definitions.
    For clarification of this chapter, the following definitions are set forth herein and referenced in Section 17.04.120 to this chapter.
    A. General.
    "Face" means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
    "Flashing sign" means an illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign, excluding time, temperature and date indicators.
    "Indirectly illuminated sign" means a sign where illumination is derived from an external artificial source, which source is so arranged that no direct rays of light are projected into an adjoining property or a public street, or the source of the illumination is from within the sign and such light source is not visible.
    "Outdoor advertising structure spacing measurement" means five hundred (500) feet on the same side of the street measured by drawing lines perpendicular to the curbline from the closest point of two outdoor advertising structures and measuring the distance between the lines along the curbline.
    "Sign" means any structure, display or device that is arranged, intended, designed or used as an advertisement, announcement, identification, description or direction to attract the attention of persons not on the premises on which the sign is located.
    "Sign setback measurement" means setback for signs measured from the prevailing edge of the sign face.
    "Sign surface area" means the area of a sign shall be computed as including the entire area within a regular rectangular geometric form or combination of regular rectangular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. The structural members shall not be included in the computation of surface area, unless the structural members are designed in such a manner as to form an integral part of the message or logo displayed.
    1. Business Signs. Only one face of a freestanding sign shall be measured, provided that the faces are placed back-to-back not more than thirty (30) inches apart and are of the same dimensions.Street Frontage Sign Area Measurement. For the purpose of determining total sign area permitted on a lot, "street frontage" shall mean frontage on any public thoroughfare regardless of whether it is owned and/or maintained by the city, county or state.
    B. Type.
    "Bulletin board" means a sign or permanent character, but with movable letters, words or numerals, indicating the names of persons associated with or events conducted upon or products or services offered upon the premises on which such sign is maintained.
    "Business" means a sign attracting attention to a business, commodity, service or entertainment conducted, sold or offered on the same premises where the advertising occurs.
    "Directional" means a sign not used for advertising, but giving directions only, for accommodations, services, traffic routing, industries, churches, schools, parks, historic buildings or features located in or adjacent to the city of Salisbury, and temporary directions to real estate projects.
    "Directory sign" means a sign on a building or within a development on which names of businesses, offices or services are listed, either with or without arrows or directions.
    "Instructional" means a sign conveying instructions with respect to the premises on which it is maintained, such as "entrance," "exit," "no trespassing," "danger" and similar signs.
    "Outdoor advertising structure" means any structure which contains a sign, poster, panel, billboard, painted bulletin or any other structure, device, surface or display which advertises or displays any other message related to a business, profession, commodity, service or entertainment or event conducted, sold or offered elsewhere than on the premises where the advertising structure is located.
    "Political" means a sign which is designed to influence the action of the voters either for the passage or defeat of a measure appearing on the ballot at any national, state or local election or which is designed to influence the action of the voters either for the election or defeat of a candidate for nomination or election to any public office at any national, state or local election.
    "Temporary" means a sign erected for a specific period of time, but not to exceed six months in any calendar year, except as otherwise provided by this chapter.
    "Trailer/portable" means a sign mounted on a vehicle licensed by the state of Maryland as a trailer, or a sign mounted onto a trailer or frame (with or without wheels), or a sandwich board or any other type intended to be portable and not structurally attached to the ground or a building.
    C. Location.
    "Ground" means a detached sign, which shall include any sign supported by uprights, pylons or braces placed upon or in the ground or supported by the ground and not attached to any building.
    "Marquee" or "Soffit" means a sign affixed to, hung from or in a marquee or soffit, which may or may not have movable letters. A sign on or attached to any awning or canopy shall be considered a "marquee sign."
    "Projecting" means a sign which projects beyond the building face more than eighteen (18) inches and uses the building as its main source of support.
    "Roof" means a sign located and supported on top of a building or structure, which may have an open space below the bottom of the sign.
    "Wall" means a sign painted upon or attached to or erected against the wall of a building or structure, with the exposed sign in a plane parallel to the plane of said wall and projecting not more than eighteen (18) inches for signs located more than seven feet six inches above the sidewalk or grade line and not more than four inches for signs located less than seven feet six inches above the sidewalk or grade line; also, signs attached to an ornamental mansard roof and/or canopy, provided that such signs shall not project more than eighteen (18) inches beyond the furthermost projection of such roof or canopy. (Ord. 1612 (part), 1995; Ord. 1599 § 9, 1995; prior code § 150-245)

Section 17.216.030 Signs prohibited in all districts.
    Signs prohibited in all districts shall be:
    A. Signs which produce noise or sounds or emit visible smoke, vapor, particles or odor;
    B. Signs with intermittent light resembling, or seeming to resemble, the flashing lights customarily associated with danger or such as are customarily used by police, fire and ambulance vehicles or for navigation purposes;
    C. Signs located and so illuminated as to provide a background of colored lights to the extent that they may be confusing to motorists when viewed from normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet;
    D. Signs in any location which obstruct the vision of motorists of traffic control devices, intersections or traffic movement;
    E. Signs attached to trees or utility poles;
    F. Signs attached to any vehicle parked permanently;
    G. Signs which, taken as a whole, are obscene or profane as currently defined, described or determined by the United States Supreme Court and/or by the court of Appeals of Maryland;
    H. Signs which are an imitation of or resemble an official traffic sign or signal or which bear the words STOP, GO, SLOW, CAUTION, DANGER, WARNING or similar words, which would adversely affect traffic. (Ord. 1612 (part), 1995: prior code § 150-246)

Section 17.216.040 Signs prohibited in certain districts.
Flashing signs and animated signs are prohibited in all districts except CBD, commercial and industrial districts. (Prior code § 150-247)

Section 17.216.050 Signs which may be erected in any districts.
    Signs which may be erected in any district are as follows:
    A. Signs of any size or shape may be erected by or under the direction of any governmental body or agency in any location for purposes of promotion, identification, direction, safety or convenience to the public;
    B. Instructional signs not exceeding two square feet in area or three feet in height;
    C. Name and address signs not exceeding one for each principal building or use on a premises and not exceeding two square feet in area;
    D. Permanent subdivision identification signs which do not exceed twenty (20) square feet in surface area per face, limited to two faces, not exceeding one per main entrance and set back fifteen (15) feet from the curbline;
    E.�Temporary real estate signs indicating the sale, rental or lease of the premises on which it is located, with a maximum area of eight square feet, nonilluminated; provided that premises in the R-5, R-8, and R-10 zoned districts shall only display rental signs ninety (90) days prior to lease termination and shall be removed after the premises is rented;
    F. Temporary development signs advertising the sale or rental of structures, which have a maximum surface area of sixty (60) square feet, limited to two faces, maximum height of fifteen (15) feet, indirectly illuminated, and set back the distance from the street line that is required for the district in which the sign is located;
    G. Temporary construction signs limited to one each for contractors, architects, financing, etc., nonilluminated and set back the distance from the street line that is required for the district in which it is located and permitted only while construction is in progress or such time as may be required by state or federal requirements for financing or by any other requirement for extended advertising of the program under which construction has been accomplished;
    H. Memorial tablets or signs and historic markers, flags and insignias of bona fide civic, charitable, fraternal and welfare or religious organizations and national flags and flags of political subdivisions of the United States;
    I. Signs erected by a utility company locating underground facilities or the location of a public telephone booth not exceeding two square feet;
    J. One or more political campaign signs which, in aggregate, do not exceed a total of thirty-two (32) square feet in area, set back at least fifteen (15) feet from the curbline, on any privately owned lot, except where a building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the building and the curbline. Each such sign may not be erected more than ninety (90) days prior to the nomination, election or referendum and must be removed within seven days after the election or referendum, except that the candidates who won the primary may continue to display their signs until the final election.
    K. Directional signs located within one mile of and limited to one sign for each use or location for which the directions are intended, and provided that:
    1. Written permission is obtained from the property owner;
    2. The sign is set back ten feet from the curbline;
    3. The surface area does not exceed four square feet;
    4. The sign is nonilluminated;
    5. The sign is located a minimum of five hundred (500) feet from any other directional sign on the same side of the street;
    6. The height does not exceed five feet.
    L. Nonbusiness signs (which are not outdoor advertising structures as defined in Section 17.216.020) may be erected for a period not to exceed ninety (90) days in any calendar year by or for the owner or lawful occupant of any lot or structure which signs, in aggregate, do not exceed a total of six square feet in area, nonilluminated. Such signs must be set back at least fifteen (15) feet from the curbline on any lot or affixed to an occupied dwelling, structure or building, except where such dwelling, structure or building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the dwelling structure or building and the curbline. (Ord. 1910, 2004; Ord. 1612 (part), 1995: prior code § 150-248)

Section 17.216.060 Signs which may be erected in R-5, R-8, R-8S, R-10 and R-10S residential districts.
    Signs which may be erected in residential R-5, R-8, R-8S, R-10 and R-10S districts are as follows:
    A. Signs as listed in Section 17.216.050;
    B. One nonilluminated or indirectly illuminated identification sign not to exceed twenty (20) square feet in surface area, a maximum of five feet above grade and set back fifteen (15) feet from the curbline or five feet back from the sidewalk for each building devoted to the following uses: church, school, firehouse, historic building, police station, care home and cemetery. In addition, a bulletin board is permitted, provided that the total of thirty (30) square feet is not exceeded by both the bulletin board and identification sign;
    C. One nonilluminated sign not exceeding one square foot in area mounted flat against the exterior of the dwelling or set back ten feet from the curbline and not exceeding four feet in height;
    D. One nonilluminated or indirectly illuminated sign not exceeding eight square feet in surface area, set back fifteen (15) feet from the curbline and a maximum of five feet above grade for a day-care center. (Ord. 1612 (part), 1995: prior code § 150-249)

Section 17.216.070 Signs which may be erected in R-5A, RR-5A and R-8A residential districts.
    Signs which may be erected in residential R-5A, RR-5A and R-8A districts are as follows:
    A. Signs as listed in Section 17.216.050;
    B. One temporary sign not exceeding thirty-two (32) square feet in area, nonilluminated, identifying a model unit in a townhouse or apartment project;
    C. One nonilluminated or indirectly illuminated sign not exceeding two square feet in area identifying an ongoing management or rental office in an apartment or townhouse project or for a temporary sales office until all units have been sold;
    D. One identification sign for a townhouse or apartment project not to exceed fifty (50) square feet in surface area, which may be reduced by the board of zoning appeals upon review of the site and size of projects. Such sign may be ground-mounted not to exceed five feet above grade and set back fifteen (15) feet from the curbline or may be a flat wall sign. (Ord. 1612 (part), 1995: prior code § 150-250)

Section 17.216.080 Signs which may be erected in office and service residential district.
    Signs which may be erected in the office and service residential district are as follows:
    A. Signs as listed in Section 17.216.050;
    B. One nonilluminated or indirectly illuminated wall sign not greater than four square feet in surface area attached to the front of a building;
    C. One nonilluminated or indirectly illuminated ground sign identifying an office or service use not exceeding two square feet in surface area or six feet in height and set back fifteen (15) feet from the curbline. (Ord. 1612 (part), 1995: prior code § 150-251)

Section 17.216.090 Signs which may be erected in office and service highway districts.
    Signs which may be erected in the office and service highway districts are as follows:
    A. Signs as listed in Sections 17.216.050 and 17.216.060(B);
    B. Business signs as follows: The total area of all business signs on a lot shall not exceed one square foot for each linear foot of street frontage on a street twenty-five (25) feet or more in width. Permitted sign locations are ground, wall, projecting, marquee and soffit, as follows:
    1. One ground sign not exceeding twenty-five (25) feet or more in height, fifty (50) feet in surface area per face, excluding time, temperature and weather indicator, and set back twenty (20) feet from the curbline. Where a lot has more than one frontage on a street twenty-five (25) feet or more in width, one additional ground sign may be permitted for the second street frontage, with a total surface area not to exceed fifty (50) square feet, provided than the total surface area of all faces for both ground signs does not exceed one hundred fifty (150) square feet. The height and setback shall be the same as that required for the first ground sign.
    2. Marquee and soffit signs, which shall not exceed six square feet in surface area and shall not project more than twelve (12) inches beyond the marquee face or edge.
    3. Wall signs not exceeding fifty (50) square feet in area.
    C. In addition to the signs set forth in subsection (B) of this section:
    1. Directory signs shall be as follows: fifteen (15) square feet in surface area per face, limited to two faces, six feet in height and set back fifteen (15) feet from the back of the curb.
    2. Instructional Signs. No more than two information signs may be permitted adjoining a combination entrance-exit, provided that:
    a. The maximum height above grade shall not exceed three feet;
    b. The maximum surface area per face shall not exceed six square feet;
    3. Temporary real estate signs not to exceed thirty-two (32) square feet in surface area, as follows: ten feet in height and set back twenty (20) feet from the curbline. (Ord. 1612 (part), 1995: prior code § 150-252)

Section 17.216.100 Signs which may be erected in college and university district.
Signs which may be erected in the college and university district are as follows:
A. Signs as listed in Sections 17.216.070 and 17.216.090. (Ord. 1612 (part), 1995: prior code § 150-253)

Section 17.216.110 Signs which may be erected in general commercial district.
    Signs which may be erected in the general commercial district are as follows:
    A. Signs as listed in Sections 17.216.050, 17.216.060(B) and 17.216.090(D);
    B. Business Signs. The total area of all business signs on a lot shall not exceed four square feet for each linear foot of street frontage. Sign locations are ground, projecting, wall, roof and marquee, as follows:
    1. Not more than one ground sign not exceeding one hundred (100) square feet per face, not exceeding thirty (30) feet in height and set back fifteen (15) feet from the curbline or property line if no curbline exists.
    2. Not more than one projecting sign not exceeding ten square feet in surface area, no lower than eight feet above a sidewalk and extending no closer than two feet to the curbline or property line where no curbline exists.
    3. Not more than two wall signs per wall. Wall signs shall not extend beyond the ends of the wall on which the signs are attached. Such signs shall not extend above the roofline, and the surface area of wall signs shall not exceed two square feet for each linear foot of building width for the wall on which the signs are attached. The total surface area for both signs shall not exceed a total of two hundred (200) square feet.
    4. Not more than two roof signs, which shall not exceed one hundred (100) square feet in total surface area, and shall not exceed an overall height of sixteen (16) feet above the roofline.
    5. One temporary trailer/portable sign on a lot or parcel, not exceeding eight feet in height and ten feet in length, with a maximum surface area of sixty (60) square feet per face, for a period not to exceed thirty (30) days.
    a. Trailer signs shall be no closer than five hundred (500) feet apart on the same side of the street, with no more than three signs for every two thousand (2,000) feet on the same side of the street.
    b. Trailer signs shall be set back fifteen (15) feet from the curbline and shall not be placed in any parking space which is required to meet the minimum parking required for the business upon which the sign is located.
    6. Not more than one marquee sign per street frontage no larger than one hundred fifty (150) square feet, no lower than eight feet above the sidewalks and no closer than two feet to the edge of the curbline or property line if no curbline exists;
    C. Temporary real estate sign not to exceed thirty-two (32) square feet in surface area, ten feet in height and set back fifteen (15) feet from the curbline. (Ord. 1612 (part), 1995; Ord. 1599 § 11, 1995; prior code § 150-254)

Section 17.216.120 Signs which may be erected in light business and institutional district.
    Signs which may be erected in the light business and institutional district are as follows:
    A. Signs as listed in Sections 17.216.050, 17.216.060(B) and 17.216.090(D);
    B. Business Signs. The total area of business signs on a lot shall not exceed three square feet per linear foot of street frontage. Sign locations are ground, projecting, wall, marquee, soffit and projections, as follows:
    1. One ground sign not exceeding fifty (50) square feet per face, not exceeding twenty-five (25) feet in height and set back fifteen (15) feet from the curbline;
    2. Projecting signs not exceeding six square feet in surface area, extending no closer to the curbline than fifteen (15) feet and no closer than eight feet above a sidewalk or eighteen (18) feet above a public street, alley or driveway;
    3. Wall signage not exceeding fifty (50) square feet in surface area per wall;
    4. Marquee and soffit signs not exceeding six square feet in surface area and not projecting more than twelve (12) inches beyond the marquee face or edge. (Ord. 1672 § 3, 1997; Ord. 1612 (part), 1995; prior code § 150-255)

Section 17.216.130 Signs which may be erected in regional commercial district.
    Signs which may be erected in the regional commercial district are as follows:
    A. Business Signs. The total area of business signs on a lot shall not exceed three square feet per linear foot of street frontage. Sign locations are ground, wall, projecting, marquee and soffit, as follows:
    1. One ground sign not exceeding one hundred twenty-five (125) square feet per face, not exceeding thirty (30) feet in height and set back twenty (20) feet from all property lines;
    2. Projecting signs not exceeding ten square feet in surface area, extending no closer to the curbline than fifteen (15) feet and no closer than eight feet above a sidewalk;
    3. Wall signs not exceeding two square feet in surface area for each linear foot of building width or wall on which signs are located, not to exceed one hundred (100) square feet total sign surface area;
    4. Marquee and soffit signs not projecting more than twelve (12) inches beyond the marquee faces or edges, extending no closer to the curbline than fifteen (15) feet and no closer than eight feet above a sidewalk.
    B. In addition to the signs set forth in subsection (A) of this section:
    1. Temporary real estate signs not to exceed thirty-two (32) square feet in surface area, ten feet in height and set back fifteen (15) feet from the curbline. For large parcels with more than two hundred fifty (250) feet of road frontage, the maximum size shall be sixty-four (64) square feet and fifteen (15) feet in height;
    2. Instructional Signs. No more than two may be permitted adjoining a combination entrance/exit, provided that:
    a. The maximum height above grade shall not exceed three feet,
    b. The maximum surface area per face shall not exceed six square feet. (Ord. 1612 (part), 1995; prior code § 150-256)

Section 17.216.140 Signs which may be erected in neighborhood business district.
Signs which may be erected in the neighborhood business district are as follows:
A. Signs as listed in Section 17.216.090. (Ord. 1612 (part), 1995: prior code § 150-257)

Section 17.216.150 Signs which may be erected in central business district.
    Signs which may be erected in the central business district are as follows:
    A. Signs listed in Section 17.216.110, subject to the following:
    1. Every redeveloped or newly developed property shall require a sign plan showing the overall design and treatment of nontemporary signs, which shall be submitted for approval as part of development approval required by Chapter 17.28 and Section 17.12.070.
    2. Signs may be reduced in size or location by the downtown/riverfront development review committee and planning commission where such reduction in size or relocation will further the purpose of the central business district. (Ord. 1612 (part), 1995; prior code § 150-258)

Section 17.216.160 Signs which may be erected in riverfront redevelopment multiuse district.
    Signs which may be erected in the riverfront redevelopment multiuse district are as follows:
    A. Signs as listed in Section 17.216.110, subject to the following:
    1. Every redeveloped or newly developed property shall require a sign plan showing the overall design and treatment of signs, which shall be submitted for approval as part of development approval required by Chapter 17.104 and Section 17.12.070.
    2. Signs may be reduced in size or location by the downtown/riverfront development review committee and planning commission where such reduction in size or relocation will further the purpose of the riverfront redevelopment multiuse district. (Ord. 1612 (part), 1995; prior code § 150-259)

Section 17.216.170 Signs which may be erected in light industrial district.
Signs which may be erected in the light industrial district are as follows:
A. Signs as listed in Section 17.216.110, except that total surface area for all signs on a lot shall not exceed three square feet for each linear foot of street frontage. (Ord. 1612 (part), 1995: prior code § 150-260)

Section 17.216.180 Signs which may be erected in industrial district.
Signs which may be erected in the industrial district are as follows:
A. Signs as listed in Section 17.216.110, except that total surface area for all business signs on a lot shall not exceed four square feet for each linear foot of street frontage. (Ord. 1612 (part), 1995: prior code § 150-261)

Section 17.216.190 Signs which may be erected in shopping centers.
Signs which may be erected in shopping centers shall be in compliance with Section 17.212.080. (Ord. 1612 (part), 1995)

Section 17.216.200 General provisions.
    A. 1. No sign, unless excepted by these regulations, shall be erected, constructed, posted, painted, altered, maintained or relocated until a permit has been issued by the director of the department of building, housing and zoning. Before any permit is issued, an application provided by the director shall be filed with three sets of drawings and/or specifications as may be necessary to fully advise and acquaint the director with the location, construction, materials, manner of illumination and/or securing or fastening and the number of signs applied for. All signs shall be erected on or before the expiration of six months from the date of issuance of the permit; otherwise a new permit shall be required. Fees for sign permits shall be in accordance with the fee schedule adopted by ordinance, a copy of which is maintained in the office of the department of building, housing and zoning. Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises.
    2. Where the director of the department of building, housing and zoning determines that an application for a sign is either prohibited under Section 17.216.030 or is not permitted to be erected in its applicable district, the director shall deny the permit.
    3. Any interested party may submit within thirty (30) days from the issuance or denial of the permit a written appeal to the board of zoning appeals, which shall promptly hear that appeal at a public meeting. A majority vote of the board shall either affirm the decision of the director or shall reverse the decision.
    B. The following signs do not require a permit as required in subsection (A) of this section; provided, they are in compliance with Section 17.216.030:
    1. Public Signs. Signs erected by or required to be erected by any government agency;
    2. Changing of copy on a bulletin board, poster board, display easement, outdoor advertising structure or marquee;
    3. Temporary (as defined in Section 17.216.020) instructional signs not exceeding two square feet in area or three feet in height;
    4. Signs on trucks, buses or other vehicles while in use in the normal course of business;
    5. Nonilluminated signs, not exceeding six square feet in area, with letters not exceeding one foot in height, painted, stamped, perforated or stitched on the surface area of an awning, canopy, roller curtain or umbrella;
    6. Memorial tablets or signs and historic markers;
    7. Flags and insignias of bona fide civic, charitable, fraternal and welfare or religious organizations and national flags and flags of political subdivisions of the United States; provided, there are no more than three flags, any one of which may not exceed twenty (20) square feet on any single lot;
    8. Banners. One banner of no more than thirty-two (32) square feet in area for no more than fourteen (14) consecutive days in any year;
    9. Permanent signs on vending machines and dispensers such as gasoline pumps;
    10. Signs not exceeding two square feet locating utility facilities;
    11. One or more political campaign signs which, in aggregate, do not exceed a total of thirty-two (32) square feet in area, set back at least fifteen (15) feet from the curbline, on any privately owned lot, except where a building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the building and the curbline.
    12. Nonbusiness signs (which are not outdoor advertising structures as defined in Section 17.216.020) may be erected for a period not to exceed ninety (90) days in any calendar year by or for the owner or lawful occupant of any lot or structure which signs, in aggregate, do not exceed a total of six square feet in area, noilluminated. Such signs must be set back at least fifteen (15) feet from the curbline on any lot or affixed to an occupied dwelling, structure or building, except where such dwelling, structure or building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the dwelling structure or building and the curbline;
    13. Temporary (as defined in Section 17.216.020) real estate signs as specified in Section 17.216.050(E), which have a maximum area of eight square feet, nonilluminated;
    14. Temporary (as defined in Section 17.216.020) construction signs as specified in Section 17.216.050(G);
    15. Name and address signs not exceeding one for each principal business or use on a premises and not exceeding two square feet in area;
    16. Temporary (as defined in Section 17.216.020) directional signs as specified in Section 17.216.050(K).
    C. The following temporary signs or displays may be permitted upon written approval of the director of the department of building, housing and zoning:
    1. Signs advertising a special civic or cultural event such as a fair or exposition, play, concert or meeting, sponsored by a governmental or charitable organization;
    2. Special decorative displays used for holidays, public demonstrations or promotion for nonpartisan civic purposes;
    3. Special sales promotion displays, in districts where sales are permitted, including displays incidental to the opening of a new business.
    D. Signs which are allowed to be lighted may be lighted; provided, that the light illuminating any sign shall be shaded, shielded or directed so that it shall not adversely affect surrounding properties or the vision of drivers or pedestrians on public or private rights-of-way or parking areas.
    E. No business ground sign may be located closer than twenty-five (25) feet from a residentially zoned property, and no wall sign shall be placed on the side or rear of a building adjoining a residential district.
    F. Wherever a use for which a business ground sign is permitted has frontage on more than one street, one additional ground sign may be permitted with a total surface area not to exceed one-half that which is permitted for the first ground sign.
    G. Setbacks for signs shall be measured from the curbline where existing or proposed, except that wherever a city or state right-of-way fifteen (15) feet or more in width is maintained beyond the curbline, setbacks for all ground signs shall be no less than five feet from the right-of-way line.
    H. Heights of signs shall be measured from the ground to the top edge of the rectangle enclosing the sign surface area, except for roof signs. Wherever the ground on which the sign is to be located is below the grade of the roadway for which the sign is designated to be viewed, the height of the sign shall be measured from the grade level of the curbline along such roadway.
    I. No ground sign shall be located so as to substantially obstruct the view of a ground sign on adjoining property when viewed from a distance of two hundred (200) feet at any point four feet above the roadway grade of the traffic lane closest to the street property line.
    J. No sign may be arranged or located in any district so that it interferes with traffic through glare, through blocking of reasonable sight lines for streets, sidewalks or driveways or through confusion with a traffic control device.
    K. A sign advertising a nonconforming business or industrial use located in a residential district shall conform to the sign regulations set forth in Section 17.216.080.
    L. In any district, the surface area of one ground sign may be increased by twenty-five (25) percent if the permitted wall sign surface area is reduced by fifty (50) percent. (Ord. 1886, 2003; Ord. 1612 (part), 1995; prior code § 150-262)

Section 17.216.210 Nonconforming signs.
    A. A legally nonconforming sign, except outdoor advertising structures, shall be any sign which on the effective date of this title was lawfully existing, having been lawfully erected under any prior zoning or other ordinance pertaining to signs and having been lawfully maintained since that time, but which sign does not conform to the regulations for signs established by this chapter.
    B. A lawful nonconforming sign, except outdoor advertising structures, may continue, provided that the owner and/or user can provide a notarized statement that the sign was constructed in accordance with state and local regulations in effect at the time of construction. Such statement shall contain:
    1. The name and address of the owner of the sign and the owner of the property on which the sign is located;
    2. The location of the sign in relation to existing or proposed buildings;
    3. The size, height, setback and description of the sign;
    4. The date of erection of the sign and the permit number, if applicable.
    C. A nonconforming sign, except outdoor advertising structures, which is fifty (50) percent or more damaged or destroyed or becomes substandard under any applicable city cede to the extent that the sign becomes a hazard or danger shall terminate and shall be removed within thirty (30) days from the date of notification for removal from the director of the department of building, housing and zoning.
    D. All outdoor advertising structures of whatever value in the central business district are nonconforming as of the date of enactment of this title, May 23, 1983, and by May 23, 1991, shall be removed or conform to the standards set forth in subsection E of this section.
    E. All outdoor advertising structures of whatever number, size and value in the city of Salisbury, other than those in the central business district, are nonconforming as of August 13, 1990. By the later of January 1, 1994, or January 1st of the year following the tenth anniversary of the issuance of the last building permit for the outdoor advertising structure issued by the city prior to August 13, 1990, all outdoor advertising structures shall either be removed or conform to the following standards, which shall also apply to all existing outdoor advertising structures which, after August 13, 1990, are either replaced entirely or are reconstructed or repaired such that the cost of such reconstruction or repair exceeds fifty (50) percent of the replacement cost of the entire outdoor advertising structure at the time of such reconstruction or repair, as follows:
    1. The number of outdoor advertising structures on a lot and the number of faces on any outdoor advertising structure may not be increased from the number which exists on such lot as of the date of final passage of this chapter.
    2. Any outdoor advertising structure shall be set back twenty-five (25) feet from the curbline of all streets.
    3. No outdoor advertising structure shall be located closer than one hundred (100) feet to either a city or county residential zoning district.
    4. An outdoor advertising structure face shall be limited to one message per face and shall not exceed a total of one hundred (100) square feet in surface area, except for faces which, on August 13, 1990, exceeded three hundred sixty (360) square feet, exclusive of trim, which shall not exceed a total of three hundred (300) square feet in surface area.
    5. All faces on any outdoor advertising structure shall be placed back-to-back.
    6. Each outdoor advertising structure face shall be framed with trim work which shall be no smaller than six inches and no larger than one foot. The area of the trim shall not be considered in determining the total square footage of surface area.
    7. No outdoor advertising structure face shall exceed a vertical dimension of fourteen (14) feet nor a total horizontal dimension of twenty-five (25) feet.
    8. No outdoor advertising structure shall exceed twenty-five (25) feet in height.
    9. The base of each outdoor advertising structure at ground level shall be surrounded at each of its base supports by a five-foot landscaped area consisting of flowering trees and evergreen shrubs. Each support pole shall be landscaped. The five-foot landscaped area shall be measured from the outside of said support pole entirely around said pole.
    10. All outdoor advertising structures and faces shall be kept repaired and properly painted and maintained.
    11. Each outdoor advertising structure shall comply with the licensing provisions of Section 17.216.240.
    12. Any outdoor advertising structure existing outside the city limits which is annexed into the city limits after August 13, 1990, shall be considered to have existed on August 13, 1990.
    13. No existing outdoor advertising structure which exists on August 13, 1990, shall be increased in size or height from the size and height that existed on August 13, 1990.
    14. No illegal outdoor advertising structure may continue in existence, and the same shall be removed. This chapter does not make legal any illegal outdoor advertising structure.
    15. Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this chapter.
    16. Any variances from the operation of the foregoing standards shall be pursuant to the provisions of Chapter 17.16, Article II, except that in addition to the criteria for approval contained in Chapter 17.16, Article II, the board of zoning appeals may also consider the following:
    a. Whether the strict application of the height and setback limitations will prevent the owner of the outdoor advertising structure from continuing the operation of the outdoor advertising structure;
    b. Whether the obligation of the owner of the outdoor advertising structure under any lease or advertising obligation which existed on April 24, 1989, extends beyond the date upon which the outdoor advertising structure is required to conform to the standards contained in this subsection (E) of Section 17.216.210;
    c. Whether for practical reasons it will be a hardship or unduly burdensome on the owner of the outdoor advertising structure to comply with the landscaping requirements contained in this subsection. (Prior code § 150-263)

Section 17.216.220 Termination or change of use.
A. The advertising on the surface area of any sign advertising a business or service no longer located on the premises or a sign directing attention to a business or service no longer in operation shall be removed within thirty (30) days of the termination of such business or service.
B. Any sign advertising a business or service no longer located on the premises or a sign directing attention to a business or service no longer in operation, which is nonconforming in height, setback or surface area, shall conform with these regulations when used to advertise another business or service. (Prior code § 150-264)

Section 17.216.230 Unusual signs and displays.
Applications for unusual signs or displays which give rise to questions of interpretation of these regulations may be referred by the director of the department of building, housing and zoning to the board of zoning appeals for the purpose of interpretation by the board and recommendation for action on the application to the director. (Prior code § 150-265)

Section 17.216.240 Outdoor advertising structure license.
    A. License Required. After December 31, 1990, it is unlawful for any person or entity to own an outdoor advertising structure within the city limits of the city of Salisbury unless the person or entity has a current annual license issued by the city of Salisbury for such outdoor advertising structure and the annual license fee has been paid to the city treasurer. A license is required for each outdoor advertising structure owned by such person or entity.
    B. All applications for an outdoor advertising structure license shall be filed with the director of the department of building, housing and zoning and shall state, under oath, the following:
    1. The name and address of the owner of the outdoor advertising structure and the name and address of the owner of the property on which the outdoor advertising structure is located;
    2. Whether the outdoor advertising structure was constructed in accordance with state and city regulations in effect at the time of construction;
    3. The approximate location of the outdoor advertising structure and the approximate location of buildings on the property where the outdoor advertising structure is located;
    4. The size, height, setback, type and number of faces on each outdoor advertising structure;
    5. The date of the construction of the outdoor advertising structure and the company number, state permit number and city building permit number, if any.
    C. Any outdoor advertising structure which has not been licensed by the city of Salisbury or for which the license fee has not been paid by January 1st of each year, commencing January 1st, 1991, shall be removed within sixty (60) days of written notification of such failure sent by the director of the department of building, housing and zoning to the owner of the outdoor advertising structure or to the owner of the land upon which the outdoor advertising structure is located.
    D. All outdoor advertising structure licenses shall expire on the last day of December of each year following January 1, 1991. All existing outdoor advertising structures must be licensed and the license fee paid by January 1, 1991.
    E. Such license issued for an outdoor advertising structure shall be displayed on the lower right corner of the outdoor advertising structure. Each license shall contain the name of the owner of the outdoor advertising structure and the current address and phone number of the owner of the outdoor advertising structure.
    F. The license fee for each outdoor advertising structure for the calendar year 1992 and the calendar year 1993 shall be nineteen cents ($0.19) per square foot of sign surface area of such structure for each calendar year and hereafter the rate shall be set in the budget adopted annually by the city council of the city of Salisbury; any fee payments made for the calendar year 1992 due to the reduction in fee set forth herein shall be credited to future years' fees.
    G. Any owner of an outdoor advertising structure and owner of land upon which an outdoor advertising structure is located which is not licensed as provided in this chapter or who violates any of the terms of this chapter after January 1, 1991, shall be guilty of a municipal infraction and, upon conviction thereof, shall be fined not more than four hundred dollars ($400.00) for each offense. Each day the outdoor advertising structure exists without a license or in violation of this chapter shall be a separate offense.
    H. Any owner who violates the provisions of this chapter and is convicted of such violations two times for the same outdoor advertising structure shall have its license revoked and shall immediately remove the unlicensed outdoor advertising structure or the outdoor advertising structure that violates the terms of this chapter. Any owner of an outdoor advertising structure who fails to obtain its owner's license by January 1st of each year will be assessed a penalty of one hundred dollars ($100.00) per day for each day from January 1st until the license is obtained. (Ord. 1553, 1993; prior code § 150-265.1)

Section 17.216.250 Severability.
In the event that any portion of this chapter is held to be invalid, such invalidity shall not affect the other valid portions of this chapter. (Prior code § 150-265.2)

Chapter 17.220

SPECIAL DEVELOPMENT STANDARDS

Sections:
    17.220.010 Purpose and intent.
    17.220.020 Landscaping or screening requirements.
    17.220.030 Fencing, lighting and special setbacks.
    17.220.040 Special development standard chart.
    17.220.050 Screening or landscaping materials.
    17.220.060 Planting guide.
    17.220.070 Planting of either screening or landscaped areas.
    17.220.080 Maintenance of either screening or landscaped areas.
    17.220.090 Restrictions in either screening or landscaped areas.
    17.220.100 Exceptions to screening requirements.
    17.220.110 More stringent requirements to govern.
    17.220.120 Planning commission authority.

Section 17.220.010 Purpose and intent.
    A. The purpose and intent of standards for either screening or landscaping and special setbacks is to provide for a visual screen or buffer and minimal distance and open space between incompatible uses; to minimize the impact of noise, dust, automobile headlight glare or other activities conducted on an adjoining or nearby lot; and to preserve the open, uncluttered appearance of major limited access highways and interchanges.
    B. The type of screening or landscaping to be employed may vary according to the character of the area in which the screening or landscaping is required, but in all cases the intent is to create an attractive and effective barrier or separation between adjacent uses.
    C. The purpose and intent of landscaping or screening is to reduce the volume of surface water runoff from the site, to encourage the preservation of the natural features of the city, to reduce heat and glare associated with developments and to mitigate the impact of development on adjacent areas.
    D. The purpose and intent of landscaping for parking lots is to reduce the effect of heat, wind, noise and headlight glare, to reduce stormwater runoff, to prevent soil erosion, to provide shade and to generally relieve the inhospitable environment of open parking lots exposed to summer heat and winter winds.
    E. The purpose and intent of standards for lighting, access and fencing is to provide for protection and safety form incompatible uses and traffic to occupants of properties adjoining or nearby.
    F. The following standards are established to conserve and stabilize property values; to facilitate the creation of safe, convenient, attractive and harmonious development within the community and to generally preserve a healthful and pleasant environment. (Prior code § 150-192)

Section 17.220.020 Landscaping or screening requirements.
    Wherever either landscaping or screening is required by this title, all such areas shall be provided in accordance with the requirements listed below and the requirements set forth in the special development standard chart in Section 17.220.040.
    A. Screening.
    1. Screening shall be required along the common lot line(s) of property;
    a. In a business or industrial category (listed in Chapters 17.28, 17.32, 17.36, 17.40, 17.44, 17.72, 17.76, 17.84, 17.88, 17.92 and 17.96) which abut(s) a lot in a residential district;
    b. Along the common lot line(s) where a use in a business or industrial category adjoins a residentially used lot; and
    c. Along the line separating a business or industrial use from a residential use where a district boundary crosses a lot.
    2. Screening shall be required along the lot line abutting the street to create a visual barrier which shall consist of no less than Section 17.220.050(K) or either of Section 17.220.050(C) or (D), in combination with Section 17.220.050(F), (G), (H), (I), (J) or (L):
    a. Where a district in an industrial category (listed in Chapters 17.72 and 17.76) is located across the street from a residential district within or adjoining the city of Salisbury;
    b. Where a district boundary line crosses a lot and an industrial use is extended over the entire lot in a residential district by special exception.
    3. A five-foot-wide screening area shall be required wherever a parking lot adjoins a residential property along all lot lines abutting the residential lot.
    4. Screening is required around three sides of all off-street loading and unloading areas and solid waste and refuse disposal areas and shall consist of whichever is not less than either Section 17.220.050(A), (B) or (H), depending on the height of the facility to be screened.
    B. Landscaping.
    1. A twenty-five-foot-wide landscaped area shall be provided:
    a. Along the lot line abutting a street, where a district of a business category (listed in Chapters 17.28, 17.32, 17.36, 17.40, 17.44, 17.84, 17.88, 17.92 and 17.96) is located across the street from a residential district;
    b. Along the lot line abutting a residential street, where a district boundary line crosses a lot and a business use is extended over the entire lot in a residential district by special exception;
    c. Provided that all such areas along all lot lines abutting a street shall be compatible with the adjoining residential district and shall consist of no less than any combination of Section 17.220.050(E), (F), (G), (H), (I), (J) and (L).
    2. Parking Lots. Landscaping requirements and screening requirements shall be as follows:
    a. All Parking Lots.
    i. Perimeter Requirements.
    (A) Setback Area. Three-foot-wide areas from interior property lines and back of sidewalks and eight-foot-wide areas from curblines where no sidewalk exists to the edge of a parking lot are required to be landscaped with any combination of grass, shrubs, trees and decorative plantings.
    (B) Screening Areas. A five-foot-wide screening area along all property lines is required where a parking lot adjoins a residential use, such area to be landscaped with any combination of Section 17.220.050(E) through (L).
    ii. Interior Requirements for Islands.
    (A) Landscaped islands an average of eight feet wide, bordered by six-inch-high asphalt or concrete curbs shall be provided at the ends of all parking bays abutting an aisle or driveway and are required to be landscaped with trees, shrubs, grass and similar vegetation which may be combined with crushed stone or other decorative materials.
    (B) Apartment and townhouse parking lots. In addition to the above island requirement, no more than ten parking spaces may be located in a continuous arrangement without a landscaped divider at least nine feet in width separating groups of every ten spaces, provided that for groups of ten or more spaces but less than an even number, the nine-foot divider may be centered as evenly as possible.
    b. Parking Lots of Twenty (20) or More Spaces. For any parking lot of twenty (20) or more spaces, not less than ten percent of the interior shall be landscaped, in accordance with the following general guides:
    i. The primary landscaping material shall be trees capable of providing shade at maturity;
    ii. Shrubbery, hedges and other planting materials may be used as complements, and landscaping and planting areas must be reasonably dispersed throughout the parking lot;
    iii. The interior dimensions and height of any planting island or planting median must be sufficient to protect the landscaping materials planted therein and to ensure proper growth;
    iv. Interior landscaping of parking lots shall be in addition to peripheral landscaping required herein where applicable;
    v. All other provisions for the design and landscaping of parking lots as required by Chapters 17.96, 17.168 and 17.224 shall apply.
    c. Alternative Parking Lot Design. In lieu of the ten-percent interior landscaping requirements, an applicant has the option of designing a parking lot in accordance with the specific standards listed below; provided, that this provision shall apply only in those instances where a plan approval is not required by the planning commission.
    i. Perimeter Landscaping. A three-foot landscaped area adjacent to all driveways leading to the lot and around the outer edges of all parking lots.
    ii. Screening Areas. A five-foot screening area adjacent to all residential uses to be landscaped with any combination of Section 17.220.050(E) through (L).
    iii. Islands. Landscaped islands, each an average of eight feet wide, bordered by six-inch-high asphalt or concrete curbs, shall be provided at the ends of all parking bays abutting an aisle or driveway which are required to be landscaped with trees, shrubs, grass and similar vegetation which may be combined with crushed stone or other decorative materials.
    iv. Dividers. No more than fifteen (15) parking spaces may be located in a continuous arrangement without a landscape divider at least nine feet in width separating groups of fifteen (15) spaces; provided, that for fifteen (15) or more spaces but less that an uneven number, the nine-foot divider may be centered as evenly as possible.
    3. Special Landscaping Guideline Areas. Where landscaping guidelines are established by the planning commission or city council for any specific street, highway, neighborhood, area or portion of a district, landscaping and screening shall be provided in accordance with such guidelines.
    C. Landscaping Plan or Screening Plan Requirements.
    1. Building Permit Requirements. Wherever landscaping or screening is required by this title without the necessity of plan approval by the commission and in order to assure compliance with either the landscaping or screening requirements of this chapter, either landscaping or screening plans shall be submitted to the director of the department of building, housing and zoning for review and approval as a part of the application for a building permit or prior to the issuance of any building permit. Said plan or plans may be submitted as separate documents or as a part of the required site plan and, if required by the director, shall be in sufficient detail to show:
    a. The approximate location of neighboring homes or other buildings adjoining the proposed development site;
    b. The approximate location of all wooded areas of branches or natural, intermittent drainage channels;
    c. The approximate location of any outstanding individual trees or special features on the development site;
    d. The location, name, height and diameter of trees and the size of shrubbery to be planted within landscaped or screened area;
    e. The height, length, type and location of fencing to be used for screening purposes.
    2. Plan Approval Requirements. Wherever a landscaping plan or screening plan is required by this title as a part of a comprehensive development plan, certificate of design and site plan approval, a site plan or a planned development district or any project approval to be approved by the planning commission or board of zoning appeals, it shall:
    a. Be prepared by a registered landscape architect, architect, engineer, landscape designer or competent nurseryman;
    b. Consist of one or more sheets, drawn to scale, or included as a part of a site plan, including the following information:
    i. The approximate location of neighboring homes or other buildings in the vicinity of the proposed development site,
    ii. The location and footprint of all proposed buildings, structures and facilities on the site and proposed landscaping,
    iii. The approximate location of branches or natural, intermittent drainage channels, ponds, wooded areas or other special features on the development site,
    iv. A tabular summary of name, size and height or diameter and quantity of shrubbery and trees to be planted within landscaped or screened areas,
    v. The height, length, type and location of fencing and related planting areas to be used for screening purposes;
    c. Show landscaping proposals for the following areas or facilities where applicable to the type of development proposed:
    i. Foundation plantings,
    ii. Dumpster or other solid waste collection area screening,
    iii. Stormwater management retention or detention area landscaping,
    iv. Aboveground utility box screening,
    v. Parking lot plantings,
    vi. Perimeter plantings,
    vii. Recreation facilities landscaping,
    viii. Loading and unloading space screening;
    d. Be consistent with the provisions of this chapter;
    e. Be consistent with the specific requirements of a site plan or comprehensive development plan and the specific requirements of this title for either the type of development proposed or the planned development district being requested;
    f. Unless otherwise specified by this title, landscaping, as a minimum, shall consist of a combination of the following species at the sizes specified below, arranged in such a manner as to complement the proposed structure or project:
    i. Deciduous trees with a height of more than thirty (30) feet at maturity, two to two and one-half (2½) inches in caliper and six feet or more in height at planting,
    ii. Deciduous trees with a height of less than thirty (30) feet at maturity, one and one-half (1½) to two inches in caliper and four feet in height at planting,
    iii. Evergreen trees at a height of three and one-half (3½) to four feet or greater at planting,
    iv. Evergreen and deciduous shrubs at a height of eighteen (18) to twenty-four (24) inches or greater at the time of planting,
    v. As an alternative, an applicant may propose and the planning commission may approve:
    (A) The retention of natural growth on the site to meet the requirements of this subsection, depending on width, density and type of natural growth; provided, that the commission may require additional supplemental plantings to obtain the effect intended by the purpose and intent of these requirements;
    (B) Landscaping consisting of a combination of the plantings listed in Section 17.220.050 and alternate plantings of various species and sizes;
    (C) Landscaping consisting of a combination of architectural materials, including fountains, special bricks, decorative features, statues and other combinations of landscaping features, materials and plantings;
    (D) Dwarf and other species may be used only for complementary plantings, and no minimum sizes shall be required. (Prior code § 150-193)

Section 17.220.030 Fencing, lighting and special setbacks.
Fencing, lighting and special setback requirements are set forth in the special development standard chart. (Prior code § 150-194)

Section 17.220.040 Special development standard chart.
The special development standard chart shall be interpreted as follows. The letters "LA" mean a landscaped area. The letters "AC" mean any combination of two or more of the subsections listed in Section 17.220.050. The letter "S" means screening.

Use Setback Landscaped Area (LA); Screening (S); Any Combination (AC) Fencing Lighting

School of general
instruction Front, side and rear: 100 feet 25 feet along side and
rear lot lines, Section 17.220.050 F, G, H, J, L Lighting shall be designed
so as not to throw glare
onto adjoining property

Utility substation Side: 25 feet;
front and rear:
same as district 10 feet along adjacent
lot lines, Section
17.220.050 F, G, H, J, L
(S); 5 feet adjacent to
fence, Section 17.220.050
G, I, J, L (AC) (LA) Section
17.220.050 B
or D completely surrounding
substation;
set back 25 feet from adjoining property lines Same

Church and care
home Front: 50 feet;
side and rear:
75 feet 10 feet along adjacent
lot lines, Section
17.220.050 F through L
(AC) (LA) Same

Police and fire
station in or
adjacent to
residential
districts Front, side and rear: 50 feet 10 feet along adjacent
lot lines, Section
17.220.050 F through J
(AC) (S) Same

Day-care center and
nursery school Front: same as
district; side: 30
feet; rear: 60 feet 10 feet along adjacent
lot lines, Section
17.220.050 E, G, I, J, L
(AC) (S) areas Section
17.220.050 A or
C enclosing play Same

Parks and
playgrounds 10 feet along all property
lines, Section 17.220.050
A, C, E, F, G, H, I, J, L
(AC) (S) Same

Parking lots
adjoining a
residential use 10 feet along all property
lines, Section 17.220.050
E through L (AC) (S) Same

Uses in a business
category (listed in
Chapters 17.28, 17.32,
17.36, 17.40, and
17.44) adjoining a
residential use/district 10 feet along side and rear
property line, Section
17.220.050 A through L
(AC) (S) Same

Use in any industrial
category (listed in
Chapters 17.72 and
17.76) adjoining a
residential use or
district 25 feet along side and rear
property lines, Section
17.220.050 A through L
(AC) (S) Same

Apartment building
or project 30 feet from all
property lines; 10
feet additional for
each story above 3 10 feet along side and rear
property line, Section
17.220.050 A or C, with
Section 17.220.050 E, F, G,
H, I, J, L (AC) (S) Same

Outside storage 50 feet from a
residential district
or use 10 feet around storage area,
Section 17.220.050 A through
L (AC) (S) 6- to 8- foot solid
fence or wire with
slat insert Same

Mobile residence
park 10-foot screening area at
perimeter of park, Section
17.220.050A through L
(AC) (S) Section 17.220.050
A through D
required around
perimeter Same

Fraternity; sorority Rear yard: 30 feet 5-foot screening area next to
business use, Section
17.220.050 A through J and L
(AC) (S) Same

Boardinghouse,
group domiciliary
care facility,
group home Rear yard: 30 feet 5-foot screening area around
parking area, Section
17.220.050 A through J and L
(AC) (S) Same

Towers exceeding
75 feet in height 25 feet from all
property lines 5 feet adjacent to fence,
Section 17.220.050 G, I, J, L (AC) (S and L) Section
17.220.050
B or D completely
surrounding base Same

Petroleum
and
Propane
Storage
and
Distribution 75 feet from all
property lines for
all storage tanks 6- to 8- foot solid
fence or wire
with slat inserts Same

(Ord. 1839 (part), 2002; Ord. 1786 § 15, 2000; Prior code § 150-195)

Section 17.220.050 Screening or landscaping materials.
    The following minimum screening and landscaping materials may be used in any combination to accomplish the purpose and intent for which the screening or landscaping or combination thereof is required by this title. Additional types of landscaping and screening materials or other landscaping amenities may be used, subject to the approval of the planning commission, but in no case shall landscaping or screening be less than that necessary to accomplish the purpose and intent for which the landscaping or screening is required.
    A. Four-foot solid wood or otherwise architecturally solid fence;
    B. Six-foot solid wood or otherwise architecturally solid fence;
    C. Four-foot chain link fence with slat inserts where view is to be obscured;
    D. Six-foot chain link fence with slat inserts where view is to be obscured;
    E. Evergreen hedge, a minimum height of eighteen (18) to twenty-four (24) inches at planting;
    F. Deciduous trees with a height of more than thirty (30) feet at maturity, two to two and one-half (2½) inches in caliper and six (6) feet or more in height at planting;
    G. Deciduous trees with a height of less than thirty (30) feet at maturity, one and one-half (1½) to two inches in caliper and four feet in height at planting;
    H. Evergreen trees at a height of three and one-half (3½) to four feet or greater at planting. For screening purposes, trees must be planted such distance from one another as to form a dense screen at time of maturity, six feet on center or in staggered rows of two or more, eight feet on center;
    I. Deciduous shrubs, eighteen (18) to twenty-four (24) inches in height at time of planting;
    J. Evergreen shrubs, eighteen (18) to twenty-four (24) inches in height at time of planting;
    K. Berms, with fence installed or trees and shrubs planted, or combination thereof; in any case, to provide a solid barrier six feet in height or greater;
    L. Existing natural vegetation, depending on width, density and type, may require additional supplemental planting to obtain the effect intended by the purpose and intent of the requirement;
    M. Dwarf species may be used only for complementary plantings, and no minimum sizes shall be required. (Prior code § 150-196)

Section 17.220.060 Planting guide.
    A. The zone hardiness map illustrates areas where plant materials may be obtained which are suitable for this area. Salisbury is located midway of Zone 7, and any plant material growing in Zone 2 to Zone 7 may be used.
    B. A sample list of plant materials suitable in this area for screening and landscaping is available for reference from the planning office or the department of building, housing and zoning.
    C. Planting guides, zone hardiness map and examples of landscaping and screening areas are available in an illustrated booklet form from either the planning office or the department of building housing and zoning.
    D. Method of planting and alternative plantings shall be consistent with American Nurserymen's Association's Standards. (Prior code § 150-197)

Section 17.220.070 Planting of either screening or landscaped areas.
    A. General.
    1. All screening shall be installed along a line parallel to the lot boundary of the use to be screened and landscaped and;
    2. All plantings shall be located a sufficient distance back from the lot line or building of the use to be screened or landscaped to permit ultimate growth to occur substantially upon the lot of the use to be screened or landscaped.
    B. Screening.
    1. Wherever screening is required by this title, it shall be an initial screen of such nature and intensity that it will create an effective visual barrier which screens the proposed activities from view and minimized their impact on the adjoining property.
    2. Required screening material shall be spaced as necessary to create a dense screen of the material when it reaches maturity. The height of screening material may vary from four to six feet, depending on the intensity of the use to be screened, distance from the nearest residential building or yard viewing the use and existing fencing, landscaping or natural vegetation on the adjoining property.
    C. Landscaped Areas.
    1. Landscaped areas shall be planted, with consideration given to the total effect on the site and on surrounding properties.
    2. Landscaping and screening material shall be planted with emphasis on the end result of integration and harmony with the architecture and planting on adjoining properties and not on quantity of material planted.
    D. Fences. Fencing shall be constructed so that any supportive structures, such as bracing or posts, are constructed on the fence facing the use to be screened. (Prior code § 150-198)

Section 17.220.080 Maintenance of either screening or landscaped areas.
    Screening or landscaped areas shall be maintained by the owner (or his agent) of the property upon which the use to be screened is located.
    A. Dead plant material shall be replaced at the next appropriate planting season for the material to be replaced.
    B. Landscaping and screening shall be kept free of weeds, trash, junk or scrap of any description. (Prior code § 150-199)

Section 17.220.090 Restrictions in either screening or landscaped areas.
    A. Access. Entrances and exits are prohibited through required screening and landscaping areas on a street across from a residential district, except in the following instances:
    1. When the lot abuts only one improved street or a limited access highway;
    2. When an interior lot runs through from street to street and a building must necessarily be located thereon with side yards insufficient in width to permit passage of vehicles to parking lots or loading and unloading areas;
    3. When it is determined by the department of public works that an entrance or exit is necessary to improve traffic circulation on adjacent streets.
    B. Signs. No signs permitted by this title shall be erected upon or in a screening or landscaped area protecting an adjoining residential property, except where adjoining residential property is separated by a public street, provided that only one freestanding sign, nonflashing and indirectly lighted, six feet in height, with a surface area of fifteen (15) square feet and set back ten feet from the property line, may be erected.
    C. Parking. Parking shall be prohibited in landscaping or screening areas. (Prior code § 150-200)

Section 17.220.100 Exceptions to screening requirements.
    In accordance with the same procedure set forth in Section 17.220.120, the planning commission may modify requirements for screening as follows:
    A. Wherever a use to be screened adjoins a property where an existing wall, fence, natural vegetation or other existing material may accomplish the same purpose and intent for which the screening is required;
    B. Where a business use adjoins a nonconforming residential use which is planned for business use;
    C. Where a business use adjoins a residential use and the owners of such residential use recommend a waiver or modification of screening requirements. (Prior code § 150-201)

Section 17.220.110 More stringent requirements to govern.
    A. Wherever screening and landscaping required by another chapter of this title which is more stringent than this chapter then that chapter shall govern.
    B. Wherever the planning commission, board of zoning appeals or city council is required to review and approve either a landscaping or screening plan and its approval requires more stringent landscaping and screening than required by this chapter, the decision of the appropriate board, commission or council shall govern.
    C. Once a landscaping plan or screening and landscaping plan is approved by the council, commission or board, building permits shall be issued consistent with all approved plans. (Prior code § 150-202)

Section 17.220.120 Planning commission authority.
    A. Wherever a landscaping plan or a screening plan may be required by this title, the planning commission shall be the sole determiner of the interpretation of compliance with any requirements, method of measurement or acceptable planting materials.
    B. An interpretation by the commission may be at the request of an applicant, the director of the department of building, housing and zoning or the planning director.
    C. The commission's interpretation of the requirements of this chapter shall be final, consistent with the provisions of Section 17.220.100. (Prior code § 150-203)

Chapter 17.224

TOWNHOUSE DEVELOPMENT

Sections:
    17.224.010 Purpose.
    17.224.020 Comprehensive development plan required.
    17.224.030 Design standards and restrictions.

Section 17.224.010 Purpose.
Townhouses are a type of housing permitting individual home ownership with open space available for use in common by residents of the development. To assure that minimum requirements of a residential environment are provided, that open space will be maintained and the benefits accrue to residents, that surrounding areas are not adversely affected and that the developer has flexibility of design to enable the accommodation of natural features on the site and to achieve a maximum of convenience, safety and amenity to residents, the following standards for townhouses are established. (Prior code § 150-217)

Section 17.224.020 Comprehensive development plan required.
All townhouse development shall require a comprehensive development plan, as defined in Section 17.04.120. The plan shall be submitted and reviewed in accordance with procedures set forth in Chapter 17.180, excluding Section 17.180.040 where applicable. (Prior code § 150-218)

Section 17.224.030 Design standards and restrictions.
    A. Design standards and restrictions shall be as follows: Area requirements. Each townhouse dwelling unit shall be situated on a lot with a minimum area of two thousand (2,000) square feet.
    B. Density.
    1. Density shall be as follows:

District Units/Acre

R-5A 10

R-8A 8

R-10A 6

    2. Land area to compute density shall not include public streets needed to serve the project.
    3. Additional density permitted for the provision of a day-care center within a townhouse project.
    a. Whenever a group day-care center is provided within a townhouse project, two additional units may be added to the total density permitted for the project. The location and design of the group day-care center shall be approved as part of the required comprehensive development plan for the townhouse project and shall not require ordinance permit approval.
    C. Open Space.
    1. No less than one thousand (1,000) square feet of common open space shall be provided for each lot within the project;
    2. Open space and recreational facilities shall be reviewed by the department of recreation and parks with a recommendation forwarded to the planning commission as to appropriateness and adequacy in the needs of the proposed residents. Consideration shall be given to the type of development proposed; i.e., single-family occupancy or elderly housing;
    3. Ownership and maintenance of common open space and parking areas shall be in accordance with Section 17.04.240.
    D. Setbacks.
    1. Front. Each lot shall have a front building line at least twenty-five (25) feet from and parallel to the front street line.
    2. Side.
    a. The lot on each end of every row of townhouses shall have a side building line at least fifteen (15) feet from a parallel to a side lot line, except for corner lots.
    b. Each corner lot shall have a side building line equal to the required front building line along the street on which the rear lot line of the corner lot abuts, but in no case less than twenty-five (25) feet.
    3. Rear. Each lot shall have a rear building line at least thirty (30) feet from and parallel to the rear lot line.
    4. Accessory Buildings. Accessory buildings, shall occupy not over twenty-five (25) percent of a rear yard and shall be located not less than three feet from a rear or side lot line, except that, in the case of a corner lot, an accessory building shall be located no closer than the side setback requirement of subsection (D)(2)(b) of this section.
    E. Lot Frontage, Minimum at Building Line. Each interior townhouse lot shall be not less than twenty (20) feet wide.
    F. Maximum Number of Units in Row. There shall be no more than eight townhouses in any one row.
    G. Building Height. The height limit for a townhouse shall be three and one-half (3½) stories and not over thirty-five (35) feet.
    H. Building Frontage. Each building consisting of a row of townhouses shall front a public street, except as the planning commission may determine otherwise, after considering the overall plan and special circumstances related to the project.
    I. Off-street Parking Requirements. Them shall be two off-street parking spaces provided for each townhouse dwelling unit. Required parking shall be located in parking areas convenient to the dwelling unit it serves. In common parking areas, no more than ten parking spaces may be grouped without a landscaped divider at least ten feet in width separating such groups.
    J. Landscaping. All common areas and parking lots shall be landscaped in accordance with an approved landscaping plan which shall comply with Chapter 17.220 where applicable.
    K. Lighting. Lighting of external walkways and parking lots shall be provided. Such lighting shall be designed so as not to throw glare onto surrounding properties.
    L. Ownership and Maintenance of Common Open Space and/or Parking Areas. Ownership and maintenance of common space and/or parking areas shall be in accordance with Section 17.04.240.
    M. Site Plan Review. With a view toward achieving maximum safety, convenience and amenity for residents in the development and the surrounding area, the planning commission shall consider the location of buildings, parking areas, access drives and other features with respect to the topography of the site and its natural features, such as large trees, slopes, streams, etc.; the efficiency, adequacy and safety of parking lots and access drives; and the adequacy and location of open space to be used in common by residents of the development. (Prior code § 150-219)

Chapter 17.228

AMENDMENTS AND REZONING

Sections:
    17.228.010 General provisions.
    17.228.020 Amendment and zoning reclassification procedure.
    17.228.030 Basis for rezoning approval.
    17.228.040 Time limitation on reapplication.
    17.228.050 Authority to approve conditional zoning.
    17.228.060 Conditional rezoning procedure.
    17.228.070 Form of conditions.
    17.228.080 Enforcement of conditions.

Section 17.228.010 General provisions.
The regulations, restrictions and boundaries set forth in this title may, from time to time, be amended, supplemented, modified, changed or repealed by the council of the city of Salisbury. (Prior code § 150-301)

Section 17.228.020 Amendment and zoning reclassification procedure.
    A. Planning Commission Review.
    1. All applications for a zoning code text amendment or a district boundary change shall be made to the planning director, and any such amendment, supplement, modification, change or repeal shall be referred to the Salisbury planning commission for review and recommendation to the city council.
    a. The planning commission shall cause such investigation and study to be made as it deems necessary to prepare a report containing the commission's recommendation to the city council.
    b. The commission shall hold a public hearing and shall submit its report and recommendation to the city council within six months of receipt of such application.
    c. If the planning commission fails to submit its report and recommendation within six months, any such proposed amendment, supplement, modification or change may be acted upon by the city council without benefit of such report or recommendation.
    2. If there is any change in the request, such as enlargement of land area or change of zoning reclassification requested, after review and recommendation by the planning commission, the request shall be resubmitted to the planning commission for further review and recommendation prior to the city council's formal action on the request.
    3. The planning commission shall make a recommendation. In the event that no recommendation is made, the commission's indecision or failure to forward a recommendation within six months shall be considered on balance as favorable to the proposed amendment, and a favorable recommendation shall be forwarded to city council.
    B. Public Hearing by City Council.
    1. No such amendment, supplement, modification, change or repeal shall become effective until after a public hearing is held in relation thereto by city council, at which parties in interest and citizens shall have an opportunity to be heard. At least fourteen (14) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city of Salisbury in accordance with the requirements of Section 17.04.150, and in the case of a change in classification of zone, a similar notice shall be posted in such place or places as the planning director shall designate within the area proposed to be reclassified.
    2. A complete record of the hearing and the votes or actions on the amendment of all members of city council shall be kept. (Prior code § 150-302)

Section 17.228.030 Basis for rezoning approval.
    A. Findings.
    1. Where the purpose and effect of the proposed amendment is to change the zoning classification, city council shall make findings of fact in each specific case, including but not limited to the following matters:
    a. Population change;
    b. Availability of public facilities;
    c. Present and future transportation patterns;
    d. Compatibility with existing and proposed development for the area;
    e. The recommendation of the planning commission;
    f. The relationship of such proposed amendment to the jurisdiction's plan.
    2. The city council may grant the reclassification based upon a finding that there has been a substantial change in the character of the neighborhood where the property is located or that there is (was) a mistake in the existing zoning classification.
    B. Where the purpose and effect of the proposed amendment is to change the zoning to a classification listed as a planned development district, city council shall make findings of fact as listed in subsection (A)(1)(a) through (f) of this section and compliance with the intent for planned development districts, and the purpose of the district proposed.
    C. No zoning regulation, restriction or boundary amendment may become effective until ten days after at least one public hearing has been held thereon. (Prior code § 150-303)

Section 17.228.040 Time limitation on reapplication.
A. An application for reclassification of zone shall not be accepted for filing by the planning commission if the application is for the reclassification of the whole or any part of land, the reclassification of which has been opposed or denied by city council, on the merits, within twelve (12) months from the date of city council's decision.
B. An application for a text amendment shall not be accepted for filing by the planning commission if the application is to add a use to a district which has been opposed or denied by the city council, on the merits, within twelve (12) months from the date of the council's decision. (Prior code § 150-304)

Section 17.228.050 Authority to approve conditional zoning.
The city council, upon the zoning or rezoning of any land or lands pursuant to the provisions of this authority, may impose such additional restrictions, conditions or limitations as may be deemed 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 to assure conformity with the intent and purpose of this authority and of Salisbury's zoning ordinance. (Prior code § 150-305)

Section 17.228.060 Conditional rezoning procedure.
    A. Planning Commission Review. The provisions of Section 17.228.020, with respect to planning commission review, recommendation to city council, public hearings and changes to the commission's recommendation, shall apply equally to conditional zoning, except that changes to recommend conditions to be sought may be approved by the city council without referral to the planning commission for further recommendation.
    B. Public Hearing by City Council and Publication of Conditions. The provisions of Section 17.228.020, relative to a public hearing and the official notice of said hearing, shall apply equally to applications for conditional zoning and to the publication of restrictions, conditions or limitations sought to be imposed on improvements or changes to be made on subject land.
    C. Amendments to Conditions. Amendments or changes to restrictions, conditions or limitations shall be made in accordance with the procedures followed in the original application. (Prior code § 150-306)

Section 17.228.070 Form of conditions.
    A. Restrictions, conditions or limitations sought to be imposed shall be adopted by ordinance of the city council. Conditions shall be a part of the ordinance approving any proposed reclassification.
    B. Said ordinance shall contain, as a minimum, the following information:
    1. A description of the property affected by the conditions imposed;
    2. The zoning classification of the property affected by the conditions imposed;
    3. The name of the owners of record and, if under option, the prospective owners;
    4. Maps, drawings or illustrations that may more fully or clearly illustrate said conditions. Any illustrative documents approved as part of the proposed conditions shall be clearly labeled as a part of the approving ordinance;
    5. The method of assuring compliance with all conditions imposed, including the title of the department responsible for enforcement, as determined by the city council.
    C. Public Records.
    1. Subsequent to approval by city council a signed, certified copy of the ordinance with conditions of zoning shall be filed, under the name of the owner of record, in the land records office of Wicomico County.
    2. One copy of the approving ordinance and all related documents shall be on file in the office of the city clerk for public reference. (Prior code § 150-307)

Section 17.228.080 Enforcement of conditions.
A. The director of the department of building, housing and zoning shall be the officer authorized by the city council to enforce the conditions imposed by the city council in the approving ordinance.
B. No permit to use or occupy the property prior to fulfilling the conditions imposed by the approving ordinance shall be issued by any agency or department of the city of Salisbury. (Prior code § 150-308)

Chapter 17.232

SPECIAL EXCEPTIONS

Sections:
17.232.010 Purpose--Application--Conditions and guaranties.
17.232.020 Criteria--Conditions.

Section 17.232.010 Purpose--Application--Conditions and guaranties.
    A. The development and execution of this title is based upon the division of the city into districts, within which districts the uses of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular location. The board, after public notice and hearing, may authorize such uses in harmony with the purpose and intent of this title, only in the specific instances set forth where the board makes findings of fact in accordance with the standards and criteria hereinafter prescribed and further finds that the use will not be contrary to the public interest.
    B. Application for a Special Exception. An application for a special exception shall be filed with the building inspector and shall be accompanied by such plans and data as may be required by this title or as may be required by the board and its reviewing staff to assure the board adequate information upon which it may consider the requested special exception. The building inspector shall forward such application and all relevant data to the office of the board.
    C. Conditions and Guaranties. Prior to the granting of any special exception, the board may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation thereof as deemed necessary to reduce or minimize any effect upon other properties in the neighborhood and to secure compliance with the standards, criteria or other specific requirements for a special exception. In cases in which a special exception is granted, the board may require such evidence and guaranties as it deems necessary as proof that the conditions imposed in connection therewith shall be met and complied with. Failure to comply with such conditions or restrictions shall constitute a violation of this title. (Prior code § 150-295)

Section 17.232.020 Criteria--Conditions.
    A special exception listed in this title shall be permitted, altered or denied by the board of zoning appeals as authorized in Section 17.232.010, in accordance with the standards and procedures of this chapter. In judging whether or not a special exception shall be approved or denied, the board of zoning appeals shall weigh its appropriateness and desirability or public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, in approving such use, shall consider the following criteria, except that the board, in making its decision, may waive those criteria it finds to be not applicable. In the case of a use existing prior to the effective date of this title classified as a special exception, a change in the use or in lot area or an addition to or enlargement of structure shall conform to the requirements for a special exception.
    A. Criteria for Consideration of Approval.
    1. Decisions of the circuit court for Wicomico County and appellate courts of Maryland;
    2. The nature of the proposed site, including its size and shape and the proposed size, shape and arrangement of structures;
    3. The resulting traffic patterns and adequacy of proposed off-street parking and loading areas;
    4. The nature of the surrounding area and the extent to which the proposed use might impair its present and future development;
    5. The proximity of dwellings, churches, schools, public structures and other places of public gathering;
    6. Accessibility of the premises for fire and police protection;
    7. Accessibility of light and air to the premises and to properties in the vicinity;
    8. The type and location of adequate utilities, access roads, drainage and other necessary facilities that have been or will be provided;
    9. The preservation of historic, cultural and environmental landmarks;
    10. The metro core plan or any other plan for development of the area affected approved by the planning commission or city council;
    11. All applicable standards and requirements of this title;
    12. Any other matter considered to be in the interest of the general welfare.
    B. Criteria for Approval. In approving a special exception, the board shall find the following criteria are either met, can be met by imposition of conditions or are not applicable:
    1. The proposal will be consistent with the metro core plan, the objectives of the zoning ordinance and any other applicable policy or plan adopted by the planning commission or city council for development of the area affected;
    2. The location, size, design and operating characteristics under the proposal will have minimal adverse impact on the livability, value or appropriate development of abutting properties and the surrounding area;
    3. The design of the site and structures for the proposal will be as attractive as the nature of the use and its setting warrants;
    4. The proposal will not be detrimental to or endanger the public health, security, general welfare or morals;
    5. The proposal will not impair an adequate supply of light and air to adjacent property or overcrowd the land or create any undue concentration of population or substantially increase the congestion of the streets or create hazardous traffic conditions or increase the danger of fire or otherwise endanger the public safety;
    6. The proposal will not adversely affect transportation or unduly burden water, sewer, school, park, stormwater management or other public facilities;
    7. The proposal will preserve or protect environmental or historical assets of particular interest to the community;
    8. The applicant has a bona fide intent and capability to develop and use the land as proposed and has no inappropriate purpose for submitting the proposal, such as to artificially alter property value for speculative purposes.
    C. Placing Conditions on a Special Exception.
    1. In approving a special exception or alteration of an existing special exception, the board may impose, in addition to those standards and requirements expressly specified for a special exception, additional conditions which it finds necessary to avoid any possible detrimental impact on adjoining properties and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:
    a. Limiting the manner in which the use is conducted, including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;
    b. Establishing a special yard or other open space requirement or lot area or dimension;
    c. Limiting the height, size or location of a building or other structure;
    d. Designating the size, number, location and nature of vehicle access points;
    e. Increasing the amount of street dedication, roadway width or improvement of a parking area or truck loading area;
    f. Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area;
    g. Limiting or otherwise designating the number, size, location, height and lighting of signs;
    h. Limiting the location and intensity of outdoor lighting and requiring its shielding;
    i. Requiring diking, screening, landscaping or fencing, in addition to the requirements of Chapter 17.220, where applicable, to protect adjoining or nearby property and designating standards for its installation and maintenance;
    j. Designating the size, height, location and materials for a fence;
    k. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or another significant natural resource;
    1. Imposing any other condition to permit the development in conformity with subsection (B)(1) of this section;
    2. Failure to comply with the conditions imposed by the board shall constitute a violation of this title. (Prior code § 150-296)

Chapter 17.236

VARIANCES

Sections:
17.236.010 Purpose--Application.
17.236.020 Standards--Conditions.

Section 17.236.010 Purpose--Application.
A. The board, after public notice and hearing, may vary the regulations of this title, in harmony with the purpose and intent of this title, only in the specific instances hereinafter set forth, where the board makes findings of fact in accordance with the standards hereinafter prescribed and further finds that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the regulations of this title.
B. Application for a Variance. An application for a variance shall be filed with the building inspector in accordance with Chapter 17.17, Article II and shall be accompanied by such plans and data as may be required by the board and its reviewing staff to assure the board adequate information upon which it may consider the requested variance. The building inspector shall forward such application and all relevant data to the board. (Prior code § 150-293)

Section 17.236.020 Standards--Conditions.
    A. The board shall not vary the regulations of this title, as authorized in Section 17.236.010, unless it shall make its decision based upon the evidence presented to it consistent with the following; except that the board, in making is decision, may waive those items it finds to be not applicable:
    1. Because of the particular physical surroundings, shape or topographical conditions of the specific structure or land involved, a practical difficulty or unnecessary hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
    2. The conditions upon which an application for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to the property within the same zoning classification;
    3. The practical difficulty or unnecessary hardship is caused by this title and has not been created by intentional action of any person presently having an interest in the property;
    4. The granting of the variance will not be detrimental to or endanger the public health, security, general welfare or morals;
    5. The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the property;
    6. The variance will not be injurious to the use and enjoyment of other property in the immediate vicinity nor substantially diminish and impair property values in the neighborhood;
    7. The granting of the variance will not impair an adequate supply of light and air to adjacent property or overcrowd the land or create an undue concentration of population or substantially increase any congestion of the streets or create hazardous traffic conditions or increase the danger of fire or otherwise endanger the public safety;
    8. The variance will not adversely affect transportation or unduly burden water, sewer, school, park or other public facilities;
    9. The granting of the variance will not adversely affect the implementation of the comprehensive plan for the city of Salisbury approved by the planning commission and the city council or any other plan approved by the planning commission or city council for development of the area in which the variance is requested;
    10. Within the intent and purposes of this title, the variance, if granted, is the minimum variance necessary to afford relief. (To this end, the board may permit a lesser variance than that applied for.)
    B. The board may impose such conditions and restrictions upon the premises benefitted by a variance as deemed necessary to comply with the standards established above, to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent and purposes of this title. Failure to comply with such conditions or restrictions imposed shall constitute a violation of this title. (Prior code § 150-294)

Type of Street	Dwelling Unit Uses Served	Total Roadway Acquisition (feet)	Curbline and R/W (feet)	On-Street Parking

Local residential streets, including cul-de-sacs	1 to 20	40	24	None

Minor collector streets, including cul-de-sacs and principal street serving subdivision	21 to 50	50	30	1 side

Major collector streets	51 or more	56	36	2 sides

1.	Lot Area acres	Lot Width (feet)
	3.5 average	170

1.	Lot Area (square feet)	Lot Width (feet)
	9,000 average;	40 minimum at
	6,000 minimum	front building
		setback line

1.	Lot Area Average (square feet)	Lot Width (feet)
	5,406	60

District	Lot Area (square feet)	Interior Lot Width (feet)	Corner Lot Width (feet)
R-5	5,000	50	65
R-8	8,000	60	75
R-10	10,000	70	85

Zoning District	Level (dBA)	Measure

Industrial	70	L_eg (24)
Commercial	64	L_dn
Residential	55	L_dn

Effective Date	Day/ Night	Industrial (dBA)	Commercial (dBA)	Residential (dBA)
January 1, 1980	Day	75	67	65
January 1, 1980	Night	75	62	55

	Aisle Width (feet)
Angle of Parking Space to Aisle	One-Way	Two-Way

Parallel	12	20
30 ° (150 °)	12	20
45 ° (135°)	15	20
60 ° (120 °)	18	20
90 °	24	24

Type of Use	Parking Spaces Required

Residential: All residential uses except those specified below	2 for each dwelling unit

Apartment development	1½ for each dwelling unit constructed prior to November 2002, plus 20% of total for guest parking

Apartment developments constructed after November ___, 2002:	2 spaces for each efficiency, one bedroom and two bedroom dwelling unit and 3 spaces for each dwelling unit containing three bedrooms or more plus 20%, of total for guest parking

Boardinghouse/rooming house, fraternity sorority and dormitory	1 per sleeping room between front building line and rear lot line

Cloister housing	1 for each dwelling unit

Housing for the elderly and handicapped	1 for each dwelling unit

Commercial:

Animal hospital	1 per 200 square feet of gross floor area

Auction	1 per each 2 persons' maximum capacity

Automobile filling station	2 per fuel pump

Automobile repair garage	1 per 100 square feet of gross floor area, plus 2 per fuel pump if a filling station

Automobile sales	1 per 200 square feet of gross floor space

Banks and financial institutions	1 per 200 square feet of gross floor area, plus reservoir of 5 per each drive-in stall

Bus terminal	1 per 100 square feet of gross floor area, plus 1 for each bus regularly scheduled or stored on the premises

Car wash	4 per stall

Funeral home	1 per each 3 capacity of viewing area, plus 1 per vehicle maintained on the premises

Hairdresser's shop	2 per chair

Home occupation	1 in addition to spaces required for the dwelling

Home office	2, provided between the front building line and rear lot line, in addition to the spaces required for the dwelling

Hotel; motel	1 per guest room, plus required parking for accessory uses contained on the premises

Laundromat	1 per 3 washers or dryers, in any combination

Office	1 per 200 square feet of gross floor area

Retail sales and service establishment	1 space per 200 square feet of gross floor area

Studio	1 per 200 square feet of gross floor area

Mixed-use building (built prior to July 1,	1994)	1 space per 200 gross square feet of building area

Mixed-use building (built after July 1, 1994)	1 space per 200 gross square feet of building area plus any additional parking as may be required for any restaurant

Shopping centers:

Up to 30,000 square feet (Built prior to July 1, 1994)	1 space per 200 gross square feet of building area

Up to 30,000 square feet (Built after July 1, 1994)	1 space per 200 gross square feet of building area plus any additional parking as may be required for any restaurant

30,001 to 100,000 square feet	1 per 200 square feet of gross floor area

100,001 to 300,000 square feet	1 per 225 square feet of gross floor area

300,001 to 600,000 square feet	1 per 250 square feet of gross floor area

over 600,000 square feet	1 per 275 square feet of gross floor area

Recreational or entertainment:

Arena; auditorium; stadium; theater	1 per each 3 seats of maximum seating capacity

Bowling alleys	5 per bowling lane

Private clubs, lodges and fraternal organizations	1 per 100 square feet

Restaurant; tavern; nightclub; dance hall	1 per 25 square feet of floor area set aside for patrons, plus 1 for each 2 employees

Skating rink	1 per each 3 persons' capacity

Swimming pool	1 per each 3 persons' capacity

Tennis, racquetball and handball establishment	4 for each court, plus 1 for each 300 square feet of gross floor area used for patron service

Billiard parlor; automatic amusement device establishment	1 per 2 amusement devices

Institutional:

Church or other place of worship	1 per 3 seats of maximum seating capacity, unclu- ding accessory rooms used for Sunday school or other activities in addition to the main hall used for services

Fire station	1 for each Fire Marshal and Fire Chief, plus 1 per each member of the largest shift of regularly em- ployed fire fighters, plus 1 for each regular em- ployee

Police station	1 for police chief, plus 1 for captain, plus 1 for each member of the largest shift of regularly employed policemen, plus 1 for each regular employee and 2 for members of the public

Hospital	1½ per each bed and 1 for each 2 employees on the largest shift, including staff doctors

Libraries, museums, art galleries	1 space per each 200 square feet of gross floor area

Care home	1 per 5 patient beds and 1 off-street loading and unloading area

Medical and dental clinic and office	1 per each 200 square feet of gross floor area

Group domiciliary care facility and group home	1 per sleeping room, plus 1 additional parking space for each 2 resident care persons, except that where owners and/or operators of such facilities prohibit operation and/or use of automobiles by residents in such facilities, the parking space for each bed- room shall not be required

Schools (public, parochial or private):

Day-care facilities for children, elderly and/or handicapped; nursery school	1 per 10 occupants, plus 1 per each 2 employees and 1 off-street loading and unloading area

School of general instruction:

Elementary school	1 for each teacher and each employee; or 1 for every 6 seats of fixed seating and/or 1 space for every 90 square feet of area used as a main meeting hall or auditorium, whichever is greater, and 1 off-street loading and unloading area

Junior-senior high school	1 for each teacher and each employee, plus 1 for each 5 students of design capacity in grades 10 through 12; or 1 per 3 seats in any area used as a main meeting hall or auditorium, whichever is greater, and 1 off-street loading and unloading area

Colleges and universities	1 for each 4 students

School of special instruction	1 for each 2 students

Industrial:

All industrial and manufacturing uses, except those specified below	1 per each 2 employees on the largest shift for which the building is designed plus 1 for each motor vehicle used in the business

Auto wrecking; junk and scrap establishments storage area	1 per employee, plus 1 per 10,000 square feet

Freight and trucking terminals; moving and storage; parcel delivery an express transfer stations; wholesale distribution and warehouses	1 per employee, plus 1 per vehicle maintained on the premises

					Side Lot	Line*
District	Lot	Lot Area (square feet)	Lot Width (feet)	Front Yard (feet)	Zero (feet)	Opposite (feet)	Rear Yard (feet)

R-5	Interior	5,000	50	25	0	20	30
and	Corner	5,000	55	25	0	25	30
R-5A

R-8	Interior	8,000	60	25	0	20	30
and	Corner	8,000	65	25	0	25	30
R-8A

R-10	Interior	10,000	70	25	0	20	30
and	Corner	10,000	70	25	0	25	30
R-10A

			Side Lot	Line
District	Lot	Rear Lot Line (feet)	Zero (feet)	Opposite (feet)
R-5 and R-5A	Interior	5	0	5
	Corner	5	0	25

R-8 and R-8A	Interior	5	0	5
	Corner	5	0	25

R-10 and R-10A	Interior	5	0	25
	Corner	5	0	25

District	Semidetached Building Lot	Lot Area (square feet)	Lot Width (feet)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)

R-5	Interior	5,000	50	25	20	30
and	Corner	5,000	55	25	25	30
R-5A

R-8	Interior	8,000	60	25	20	30
and	Corner	8,000	65	25	25	30
R-8A

R-10	Interior	10,000	70	25	20	30
and	Corner	10,000	70	25	25	30
R-10A

		From Rear	From Side	Lot Line
		Lot Line	Dividing	Opposite
District	Type of Lot	(feet)	(feet)	(feet)
R-5 and R-5A	Interior	5	0	5
	Corner	5	0	25

R-8 and R-8A	Interior	5	0	5
	Corner	5	0	25

R-10 and R-10A	Interior	5	0	5
	Corner	5	0	25

Use	Setback	Landscaped Area (LA); Screening (S); Any Combination (AC)	Fencing	Lighting

School of general instruction	Front, side and rear: 100 feet	25 feet along side and rear lot lines, Section 17.220.050 F, G, H, J, L		Lighting shall be designed so as not to throw glare onto adjoining property

Utility substation	Side: 25 feet; front and rear: same as district	10 feet along adjacent lot lines, Section 17.220.050 F, G, H, J, L (S); 5 feet adjacent to fence, Section 17.220.050 G, I, J, L (AC) (LA)	Section 17.220.050 B or D completely surrounding substation; set back 25 feet from adjoining property lines	Same

Church and care home	Front: 50 feet; side and rear: 75 feet	10 feet along adjacent lot lines, Section 17.220.050 F through L (AC) (LA)		Same

Police and fire station in or adjacent to residential districts	Front, side and rear: 50 feet	10 feet along adjacent lot lines, Section 17.220.050 F through J (AC) (S)		Same

Day-care center and nursery school	Front: same as district; side: 30 feet; rear: 60 feet	10 feet along adjacent lot lines, Section 17.220.050 E, G, I, J, L (AC) (S) areas	Section 17.220.050 A or C enclosing play	Same

Parks and playgrounds		10 feet along all property lines, Section 17.220.050 A, C, E, F, G, H, I, J, L (AC) (S)		Same

Parking lots adjoining a residential use		10 feet along all property lines, Section 17.220.050 E through L (AC) (S)		Same

Uses in a business category (listed in Chapters 17.28, 17.32, 17.36, 17.40, and 17.44) adjoining a residential use/district		10 feet along side and rear property line, Section 17.220.050 A through L (AC) (S)		Same

Use in any industrial category (listed in Chapters 17.72 and 17.76) adjoining a residential use or district		25 feet along side and rear property lines, Section 17.220.050 A through L (AC) (S)		Same

Apartment building or project	30 feet from all property lines; 10 feet additional for each story above 3	10 feet along side and rear property line, Section 17.220.050 A or C, with Section 17.220.050 E, F, G, H, I, J, L (AC) (S)		Same

Outside storage	50 feet from a residential district or use	10 feet around storage area, Section 17.220.050 A through L (AC) (S)	6- to 8- foot solid fence or wire with slat insert	Same

Mobile residence park		10-foot screening area at perimeter of park, Section 17.220.050A through L (AC) (S)	Section 17.220.050 A through D required around perimeter	Same

Fraternity; sorority	Rear yard: 30 feet	5-foot screening area next to business use, Section 17.220.050 A through J and L (AC) (S)		Same

Boardinghouse, group domiciliary care facility, group home	Rear yard: 30 feet	5-foot screening area around parking area, Section 17.220.050 A through J and L (AC) (S)		Same

Towers exceeding 75 feet in height	25 feet from all property lines	5 feet adjacent to fence, Section 17.220.050 G, I, J, L (AC) (S and L)	Section 17.220.050 B or D completely surrounding base	Same

Petroleum and Propane Storage and Distribution	75 feet from all property lines for all storage tanks		6- to 8- foot solid fence or wire with slat inserts	Same