A.
Purpose of the district. The purpose of this district
is to provide for low-intensity agricultural activities and to protect
agricultural lands as one of the Town's most valuable natural resources
from the depreciating effect of objectionable, hazardous and unsightly
uses. This district will protect established agricultural operations
and activities. This district is also intended for protection of watersheds,
water resources, forest areas and scenic values and, at the same time,
to provide for low-density, single-family residential development.
[Amended 8-11-2015 by Ord. No. 16-01]
B.
Permitted uses. In AR — Agricultural Residential
Districts, a building may be erected, altered or used on a lot or
premises containing a minimum of five acres or more per dwelling unit
and may be used for any of the following purposes and none other:
(1)
Single-family detached dwelling;
(2)
Crop land;
(3)
Cultivation of fruits; vegetables and grains;
[Amended 8-11-2015 by Ord. No. 16-01]
(4)
Orchard, vineyard;
(5)
Cultivation of nursery stock;
[Amended 8-11-2015 by Ord. No. 16-01]
(6)
Public parks, public or private forests, wildlife
preservation or similar conservation projects;
[Amended 8-11-2015 by Ord. No. 16-01]
(8)
Temporary removable stands for not over six months
use per year, for seasonal sales of products owned or leased by the
owner of the premises on which the stand is located, and no business
office or store is to be permanently maintained on the premises.
C.
Permitted accessory uses. Accessory uses are incidental
to and subordinate to the principle use of the lot on a farm of five
acres or more. The following are permitted accessory uses:
(1)
Accessory structures for the sale or processing of
farm products raised on the premises;
(2)
Accessory structures, open or enclosed, for the storage
of farm materials, products or equipment;
(3)
Accessory farm buildings, including barns, cribs,
stable sheds, tool rooms, shops, bins, tanks and silos; or
D.
Building height. The height of a building shall not
exceed 35 in height or more than three stories, exclusive of a basement.
A.
Purpose of the district. The purpose of this district is to provide for single-family residential developments along with churches, recreational facilities, and accessory uses set forth below in Subsection C, Permitted accessory uses.
[Amended 3-28-2017 by Ord. No. 17-06]
B.
Permitted uses. In a R — Residential District,
a building may be erected, altered or used on a lot or premises and
may be used for any of the following purposes and none other:
(1)
Single-family detached dwelling, but not including
single- or double-wide mobile homes;
(2)
Churches, rectories, parish houses, convents and monasteries,
temples, synagogues and other places of worship;
(3)
Cemeteries; or
(4)
Public and private parklands, forests, wildlife reservations,
and similar conservation project.
C.
Permitted accessory uses.
(1)
Accessory uses are incidental to and subordinate to
the principal use of the lot. The following are permitted accessory
uses:
[Amended 1-14-2014 by Ord. No. 14-02; 8-11-2015 by Ord. No. 16-01]
(a)
One detached accessory garage in compliance
with the following:
[1]
Any lot of less than 0.75 acre may have a detached accessory
garage not to exceed a maximum of 800 square feet.
[2]
Any lot of 0.75 acre or greater may have a detached accessory
garage not to exceed a maximum of 1,200 square feet.
[3]
Storage space located in attic areas shall be included in total
square footage.
[4]
A detached accessory garage must have a pitched roof and shall
exceed neither 1 1/2 stories nor 18 feet in height.
[5]
No detached accessory garage shall be located in any front yard
area.
[6]
A detached accessory garage shall have the following setbacks
from the rear and side property lines:
|
Square Footage
|
Setback
(feet)
|
Building Height
| |
|---|---|---|---|
|
Up to 800
|
10
|
18 feet - not to exceed 1 1/2 stories
| |
|
800 to 1,000
|
15
|
18 feet - not to exceed 1 1/2 stories
| |
|
More than 1,000
|
20
|
18 feet - not to exceed 1 1/2 stories
|
[7]
A detached accessory garage shall not occupy more than 20% of
the side or rear yard in which it is located.
[8]
All accessory buildings and principal buildings shall not exceed the maximum lot coverage of 45% as stated in § 155-10E(1)(b).
[Amended 3-28-2017 by Ord. No. 17-06]
[9]
All properties along Route 26 and Route 17 shall follow the
Town's Development Design Standards and Guidelines.
(b)
Recreational uses, such as tennis courts, swimming
pools, and other similar activities operated exclusively for the use
of private membership and not for commercial purposes;
(c)
Shelters for domestic pets not to exceed 50
square feet exclusive of runs;
(d)
Other customary residential accessory structures,
such as private swimming pools, fireplaces, trellises, post lights
and the like;
(e)
Yard sales, provided that no more than two said
sales shall be conducted in any one calendar year and provided that
each said sale does not exceed two days in length of time;
(f)
A structure, other than a primary residence or a detached accessory
garage, such as a shed to be used for the storage of equipment to
maintain that property on an individual parcel. However, this structure
is not to be used for rental income or for any type of commercial
storage other than personal use. Said structure shall not exceed 400
square feet;
(g)
Playhouses, without plumbing, limited in floor
area to 150 square feet and limited in head room to five feet;
(h)
Storage of a boat trailer, camp travel trailer
or a boat on the driveway; or
[Amended 3-28-2017 by Ord. No. 17-06]
(i)
Accessory off-street parking and loading spaces.
Open or enclosed space for parking one commercial vehicle of not more
than one-ton capacity and used by the occupant of a dwelling shall
be permitted as accessory.
(2)
All permitted accessory structures shall be compatible
in style and function with the principal use.
D.
[1]Building height. The height of a building shall not exceed
42 feet in height or more than three stories, exclusive of a basement.
[Amended 3-28-2017 by Ord. No. 17-06]
E.
Area and yard requirements.
(1)
The following requirements shall apply to all uses
in the zone except where otherwise provided:
(a)
Minimum:
[1]
Lot frontage: 60 feet. Minimum lot frontage
of 100 feet is required for lots without access to public sewer and
water services.
[Amended 8-11-2015 by Ord. No. 16-01; 3-28-2017 by Ord. No. 17-06]
[2]
Lot area: 7,500 square feet.
[Amended 8-11-2015 by Ord. No. 16-01; 3-28-2017 by Ord. No. 17-06]
[3]
Lot depth: 100 feet.
[4]
Each side yard: seven feet.
[Amended 3-28-2017 by Ord. No. 17-06]
[5]
Front yard: 25 feet.
[Amended 3-28-2017 by Ord. No. 17-06]
(b)
Maximum: the maximum coverage of the lot for
the principal building and all accessory buildings shall be 45%.
[Amended 3-28-2017 by Ord. No. 17-06]
A.
Purpose of the district.
(1)
In order to encourage large-scale development as a
means of creating a superior living environment through unified developments,
and to provide for the application of design ingenuity while protecting
existing and future developments and achieving the goals of the Comprehensive
Plan, the Residential Planned Community District (RPC) is hereby established.
(2)
A residential planned community (RPC) is a concept
which encourages and permits variation in residential development
by allowing deviation in lot size, bulk or type of dwelling, lot coverage
and open space from that which is required in any one residential
district. The RPC concept also encourages design flexibility and coordination
of architectural style of buildings, streets, lighting, signage, landscaping
and the existing neighborhood and historic land development patterns.
(3)
The purpose of this article is to establish procedures
and standards for residential planned communities (RPC), in order
that the following objectives are attained:
(a)
Flexibility in design to take the greatest advantage
of natural landscapes, existing community character and layout, trees
and other natural vegetation, historic structures, and other features;
(b)
Accumulation of large areas of useable open
space for recreation, preservation of natural or historic amenities,
or community facilities;
(c)
Creation of a variety of residential and compatible
neighborhood arrangements that give the home occupant greater choice
in selecting types of environment and living units;
(d)
Clustering of residential types for better use
of land and open space;
(e)
Allowance of sufficient freedom for the developer
to take a creative approach to the use of land and related physical
development, as well as utilizing innovative techniques to enhance
the visual character of the Town;
(f)
Efficient use of land which may result in reduction
in development and maintenance costs of street and utility systems;
(g)
Provide and incorporate planning principles
to support pedestrian use, bike use, and transit use within and outside
of the community; and
(h)
Provide an open space system that shall consist
of both active and passive uses and areas.
B.
Permitted uses. The uses permitted in a RPC —
Residential Planned Community District shall be:
(1)
Uses permitted in the R — Residential District,
provided the additional requirements and specific provisions of this
section are met.
(2)
A mix of residential dwelling types is required within
a RPC; however, not less than 40% of the total dwelling units must
be single-family detached dwellings. A minimum of at least three of
the following permitted housing types must be provided, including
at least one multifamily dwelling type:
(a)
Traditional single-family dwellings and village
homes; single-family attached dwellings, including townhouses, and
two-family dwellings; and multifamily dwellings, including multiplex
and apartments.
(3)
Offices, temporary or permanent, for construction
or sales use. The location and time period for any temporary office
must be approved by the Code Enforcement Officer, and any appropriate
permits must be acquired. Trailers may not be used for temporary sales
offices.
(4)
Public service facilities, such as but not limited
to public schools, libraries, public building, fire stations, and
police stations, shall be permitted but must not comprise of more
than 20% of the total development tract. Such facilities will be dedicated
to a homeowners' association, the Town of Millville or other governmental
agency.
C.
Permitted accessory uses. The permitted accessory
uses in a RPC — Residential Planned Community District shall
be:
(1)
Clubhouses and indoor recreational facilities;
(2)
Outdoor recreational facilities;
(3)
Central parking areas or off-site garages for storage
of recreational vehicles and watercraft for use by residents only;
(4)
Customary residential accessory uses, such as sheds
and garages. Such structures must be attached to the principle structure;
or
(5)
Accessory signage, however, all signage must be coordinated
and thematic in approach.
D.
Accessory structures not permitted. Private accessory
structures, such as sheds, shall not be permitted in common lands
or condominium communities.
E.
Sanitary facilities. No RPC — planned residential
community plan shall be approved unless the proposed development will
be served by public water and sewer disposal systems which will be
existing at the time of construction. A public works agreement will
be required prior to final approval of an RPC, which will guarantee
that the necessary infrastructure improvements to serve the community
will be provided and constructed by the owner/developer. Construction
permits and certificates of occupancy shall be phased based on adequate
public facilities' availability.
F.
Consideration of factors for approval of RPC District.
In addition to the other provisions contained in this section, the
approval of a zoning request or designation as a RPC — residential
planned community shall include consideration of the following:
(1)
Integration of the proposed development into existing
terrain and surrounding landscape;
(2)
Minimal impacts on wetlands and floodplains;
(3)
Preservation of natural and historic features;
(4)
Preservation of open space and scenic views;
(5)
Minimization of trees, vegetation, and soil removal
and grade changes;
(6)
Effects on area waterways;
(7)
Minimization of erosion and sedimentation, minimization
of changes in groundwater levels and increased rates of runoff, minimization
of potential for flooding and design of drainage so that groundwater
recharge is maximized;
(8)
Provision for appropriate integration with the existing
community, such as street networks, sidewalks, pedestrian pathways
and trails, and the general historic land development pattern of the
Town;
(9)
Provision for adequate and safe vehicular and pedestrian
movement within the site and adjacent ways;
(10)
Effect on area property values;
(11)
Preservation and conservation of farmland;
(12)
Effect on schools, public buildings and services,
and community facilities;
(13)
Effect on area roadways and public transportation,
based on a traffic impact study;
(14)
Compatibility with adjacent land uses;
(15)
Whether, in the judgment of the Town Council,
the estimated expenses to the Town cannot be met from available Town
funds, which reasonably may be anticipated to become available to
the Town and applicable to subdivision purposes; and
(16)
Whether, in the opinion of the Town Council,
the estimated expense to the Town cannot be justified on the basis
of estimated tax returns or impact fees which would accrue to the
Town within a reasonable time period. A cost benefit analysis should
be completed to determine benefits of the project to the Town.
G.
Minimum requirements. The housing types, minimum lot
requirements, maximum height, minimum yard requirements and accessory
uses and accessory signs shall be determined by the requirements and
procedure set forth in this section, which shall prevail over conflicting
requirements of these regulations or other ordinances governing the
use of land.
H.
No land area shall be zoned RPC unless the land contains
a minimum acreage of 10 acres. Parcels or tracts less than the minimum
acreage may be permitted if they are contiguous to an existing RPC
zoned area and if they may be harmoniously integrated into the RPC
area, consistent with the requirements and purposes of this zone.
Parcels less than 10 acres may be joined with adjacent parcels as
part of an RPC if the total of all said parcels is 10 acres.
I.
Building height. The height of a building shall not
exceed 42 feet in height or more than four stories, exclusive of a
basement.
J.
Minimum lot area and width. The minimum lot area and
minimum lot width of detached single-family dwelling lots established
within the development shall not be less than 5,000 square feet or
less than 50 feet, respectively.
K.
Maximum number of dwelling units. The number of dwelling
units permitted shall be determined by dividing the net development
area by the minimum lot area per family or dwelling. Net development
areas shall be determined by subtracting 25% of the area set aside
for streets or the actual area of proposed streets, whichever is less.
The area of land set aside for common open space or recreational use
shall be included in determining the number of units permitted. However,
the maximum building density shall not exceed 6.2 dwelling units per
acre.
L.
Review standards; conditions.
(1)
The Town Council shall review the conformity of the
proposed development with the standards of the Comprehensive Plan
and recognized principles of civic design, land use planning and landscape
architecture. Minimum lot and yard requirements need not apply, except
that the Town Council shall ensure an appropriate relationship between
uses of high intensity or height within the RPC District and uses
of low intensity or height, existing or future, outside the proposed
RPC District and, to this end, may require that the regulations for
minimum lots and yards and maximum height be complied with inside
of and/or near the boundaries of the RPC.
(2)
The Town Council may impose conditions regarding the
layout and design of the proposed development and, where applicable,
shall require that appropriate deed restrictions be filed to assure
compliance with the development plan.
(3)
The Town Council shall review the locations of the
proposed townhouses, multiple-family dwellings or commercial uses,
where allowed, and shall determine the appropriate character of such
uses.
M.
RPC design elements; conditions. The following design
elements and conditions shall be applied by the Town in reviewing
and approving any RPC development plan.
(1)
Residential buildings, architecture and design.
(a)
A mix of housing types, lots sizes, and styles
are required. Housing types shall be integrated within the RPC.
(b)
Architectural styles that reflect traditional
architecture of the lower Delmarva Peninsula shall be encouraged.
(c)
Structures shall have a mix of sizes, styles,
facades and roof pitch.
(d)
The use of greens, squares, and other open space
features shall be encouraged.
(e)
Residential structures should be located with
views of open space and have easy access to open space and recreational
amenities.
(f)
A row of attached townhouses shall not exceed
six dwelling units.
(g)
A multiplex structure shall not exceed four
dwelling units. Each unit shall have individual outside access.
(2)
Open space and recreation.
(a)
Greens should be provided within the development.
A green typically 5,000 square feet to 10,000 square feet in area
or larger shall be created and maintained as open space around which
dwellings are arranged. Greens are typically maintained as common
open space areas consisting of lawn, trees and other landscaping,
sidewalks or pathways, benches, etc.
(b)
Open space areas shall not comprise less than
20% of the gross area of the RPC.
(c)
Twenty-five percent of said open space shall
be designed and developed for active recreation. All open space may
be open to the use of residents or dedicated to a homeowners' association,
the Town of Millville or other governing agency as public parkland
upon legal agreement between the Town and the applicant/developer.
(d)
Open space areas, with the exception of greens,
shall be arranged to maintain contiguity with other designated open
space areas or similar areas on adjacent lands in order to ensure
the potential for a contiguous open space network throughout the Town.
(e)
The size, location, and configuration of open
space lands must provide adequate access to residents and enable appropriate
access for maintenance. Long, thin or inaccessible areas of open land
should be avoided.
(3)
Landscaping requirements.
(a)
Existing mature trees, forest or groves should
be protected and incorporated into the design of the proposed development.
(b)
Street trees should be provided. Adequate planting
strips should be provided between the street and sidewalk to allow
for street trees and other landscaping. Plant species should be utilized
that will minimize future impacts to sidewalks and streets due to
size of root growth.
(c)
Landscaped buffers using a combination of berms
and plantings shall be used to buffer uses within a RPC and arterial
or major collector roadways.
(d)
Parking areas should be well landscaped incorporating
street trees, planting islands, and other appropriate elements and
materials.
(4)
Street network, access, and circulation.
(a)
The proposed street layout should provide an
attractive streetscape.
(b)
A hierarchy of streets should be provided which
promotes safe residential access and efficient circulation through
the community.
(c)
Any through traffic should be restricted to
proposed collector streets within the community. Interconnectivity
with existing adjacent street networks shall be achieved if at all
possible.
(d)
The use of alleys shall be encouraged to allow
vehicular access, including adequate emergency vehicle access, and
parking on the side and rear of residential lots.
(e)
The proposed streets shall be an extension of
the existing street network of the Town of Millville. Interconnection
of streets, as well as pedestrian and bicycle facilities, must be
achieved if at all possible. Accommodations for future extension of
streets to adjoining properties must also be incorporated into the
plan.
(f)
The proposed street layout should accommodate
any proposed road or highway improvements indicated on the Comprehensive
Plan.
(g)
Traffic-calming techniques shall be used to
slow the flow of traffic within the RPC.
(h)
Sidewalks, bike paths and trails linking existing
developed areas, parks, and community destinations shall be incorporated
into the plan.
(i)
Pedestrian and cyclist amenities shall be provided,
such as bus shelters, bike racks, benches, etc.
(5)
Parking, streets and driveways.
(a)
Parking shall be provided at a rate of two parking
spaces per dwelling unit. Additional visitor/overflow parking shall
be provided at a rate of .5 parking spaces per dwelling unit. Reduction
of impervious surfaces through the use of interlocking or grass pavers
is strongly encouraged for areas such as visitor or remote parking
areas for periodic uses. Parking surfacing materials shall be approved
by the Planning and Zoning Commission. Design of and improvements
to parking lots and garages shall also conform to these regulations
and other applicable regulations or ordinances.
(b)
Street width may be reduced in designated areas
of a RPC if the applicant can demonstrate that the design does not
compromise the health, safety and welfare of the community, provides
adequate emergency access to buildings, and incorporates many of the
following design criteria:
[1]
Dwelling units within the community are provided
with adequate parking in the rear of units accessed by alleys.
[2]
Adequate parking is provided behind the dwelling
units, accessed by driveways and screened from view of the street.
[3]
Adequate parking is provided by driveways and/or
front facing garages with no on-street parking.
[4]
Any on-street parking is clearly defined using
stripping, lines, bump outs or other traffic-calming measures.
[5]
Adequate off-street and/or overflow parking
is provided using well defined parking lots or areas, preferably located
near community amenities.
[6]
A well defined street hierarchy is established
providing both collector and minor streets. Residential lots must
not take access from collector streets.
[7]
Adequate turning radii are provided.
[8]
Well designed and aesthetically pleasing crosswalks,
sidewalks and pedestrian amenities are incorporated in the overall
street design.
(c)
Any request for reduction of street width will
be reviewed and approved on a case-by-case basis by the Town Council.
In no case shall the minimum street width be less than 25 feet.
(6)
Lighting and signage.
(a)
Streetlights should be of a consistent style
throughout the RPC and be compatible with existing streetlights within
the existing developed areas of the Town of Millville.
(b)
Signage should be of a consistent style throughout the RPC. Any sign permitted in Article IX, Sign Regulations, shall be permitted.
(c)
The Town Council shall review all proposed signs
for consistent style, materials, and color.
N.
Modification of development standards.
(1)
The Town Council, for uses within the RPC District,
may recommend that the following development standards be modified.
(a)
Building setbacks.
(b)
Height, area, and bulk requirements related
to each proposed land use.
(c)
Required number of off-street and on-site parking
spaces.
(d)
Street width, design and layout; however, construction
requirements with respect to paving sections, materials, and tabulation
of structural numbers may not be modified. Modification of street
width is subject to review by public safety agencies and must be approved
by the Town Council and Town Engineer.
(e)
Any other requirements as deemed appropriate
by the Town Council. The Town Council must deem any proposed modification
as beneficial to the Town and be based on recognized principles of
civic design, land use planning and landscaped architecture.
(2)
All other aspects of development must follow the applicable
requirements of the Town Code, Development Standards, and Standard
Specifications and Details.
O.
The basis for approval of alternative development standards. Approval of alternative development standards using the RPC District differs from the variance procedure described in Article XI, Board of Adjustment, of this chapter in that, rather than being based upon a hardship or unusual circumstances related to a specific property, the approval of alternative development standards proposed within an RPC project shall be based upon criteria listed in the consideration factors for approval listed in Subsection F and approved by the Town Council.[1]
P.
Guaranty of completion. Before approval of a development
plan, the Town Council may require a contract with safeguards approved
by the Town Attorney guaranteeing completion of the development plan
in a period to be specified by the Town in approving the development
plan.
Q.
Schedule of construction. In approving an RPC development
plan, the Town Council may adopt a schedule of construction. If such
a schedule is adopted, no permits for construction shall be issued
except in accordance with the adopted schedule. Where both single-family
and multifamily dwelling types are part of the development or where
nonresidential uses are part of the development, the schedule of construction
may require concurrent construction of a given type, number or use
as determined by the Town Council.
R.
Ownership. The land within the RPC District need not
be under single ownership, provided that assurances are given through
the procedure contained in this article or elsewhere in these regulations
that the project can be successfully completed.
S.
Additional land area. If, after approval and recording
of the master RPC development plan, the owner/developer desires to
incorporate additional land or after-acquired adjacent land area into
the development plan, a conference shall be held with the Town Council
for the purpose of reviewing the proposal to include additional land.
If an application is filed, the procedural requirements shall be as
for other RPC developments and shall be considered as the establishment
of a new and separate district.
T.
Deed restrictions required. Deed restrictions for
both residential and commercial components of the RPC must be drafted
to the satisfaction of the Town Council to protect the intent and
character of the RPC. Such deed restrictions must be approved by the
Town Council and Town Attorney prior to final development plan approval
and must be recorded with the final development plan.
U.
Application and approval process.
(1)
Application for RPC Zone and concept plan approval.
(a)
Application for the Zoning Map amendment that
applies the RPC District regulations to a particular parcel or parcels
shall be filed pursuant to the provisions of this chapter, together
with the prescribed application fee, and in addition, a concept plan
shall be filed reflecting, at a minimum, the following:
[1]
The boundaries of the entire tract or parcel;
[2]
Generalized location of existing and proposed
external roads and adjacent land use and development;
[3]
Generalized location and description of various
internal proposed land use components, including information as to
proposed densities and intensities, proposed size and heights of structures
in the development;
[4]
Generalized location, description and timing
of proposed roads, proposed dedicated public lands and perimeter setback
or buffer areas;
[5]
Proposed phasing or staging of development,
public facilities and information regarding such plan's consistency
with provision of master planned or otherwise necessary public facilities;
[6]
Generalized area of open space, woodlands, streams
and watercourses and other areas intended for natural preservation;
and
[7]
Demonstration of general compliance with any
master plan recommendations for the property, including any special
conditions or requirements related to the property set forth in the
master plan.
(b)
The Town Council shall conduct a public hearing(s)
on the application subject to the notification procedures in this
chapter.
(c)
A proposed subdivision or land development seeking an RPC zoning amendment must first be presented to and reviewed by the Town in a conceptual format prior to official submission for subdivision/land development approval. The Town will require and review a concept for compliance with the Comprehensive Plan and recognized principles of civic design, land use planning and landscape architecture. Should the Town find that the proposal meets established criteria for RPC zoning, a plan meeting the requirements for subdivision/land development review may be submitted for subdivision review and approval following the procedure established in Article XII, § 155-66, Site plan approval, in this chapter herein and Chapter 125, Subdivision of Land, of the Code of the Town of Millville.
(2)
Site plan approval. The required procedures for approval of site plans for projects within established RPC Districts are contained in Article XII, § 155-66. The proposed development shall follow all applicable procedures, standards and requirements of the ordinance or ordinances and regulations governing the subdivision of land. No building permit shall be issued until a final plot of the proposed development or part thereof is approved, filed and recorded, with proof thereof returned to the Town.
V.
Administration. The RPC District regulations shall be administered and enforced through the procedures for site plan review described in Article XII of this chapter and Chapter 125, Subdivision of Land, except where noted herein.
(1)
The Town Council shall require the developer to establish
an escrow account in the amount of at least $7,500 to cover the costs
of professional fees incurred by the Town, which are necessary for
the Town's review of the concept plan and/or supporting materials
and to obtain professional advice on such matters.
(2)
Such costs shall be in addition to standard application
fees. Additional escrow deposits may be required based on a review
of the project.
(3)
Any changes as deemed significant by the Town Council
to an approved RPC concept plan shall require amendments to the concept
plan and approval by the Town Council of such amendments.
W.
Expiration and extension.
(1)
Approval of a development plan submitted under the
provisions of this article shall expire one year after the date of
such approval unless preliminary subdivision plan approval has been
obtained for the project in its entirety or for at least one section
thereof.
(2)
The Town Council may grant a one-time extension, in
its sole discretion, based on a presentation by the applicant at a
Town Council meeting and on the information provided by the applicant
concerning reasons why the project was unable to proceed in a timely
manner. The period of such extension shall be for a period of one
year. During the meeting at which the applicant requests an extension,
the applicant shall provide copies of the approved development plan
to assist the Town Council in its deliberation.
A.
Purposes and objectives of zone.
(1)
It is the objective of this zone to establish procedures
and standards for the implementation of master planned land use recommendations
for comprehensively planned, multiuse projects. It is also intended
that this zone provide a more flexible approach to the comprehensive
design and development under the various conventional zoning categories.
In so doing, it is intended that this zoning category be utilized
to implement existing public plans and pertinent Town policies in
a manner and to a degree more closely compatible with said Town plans
and policies than may be possible under other zoning categories. The
specific purposes of this zone are:
(a)
To establish standards and procedures through
which the land use objectives and guidelines of approved and adopted
master plans can serve as the basis for evaluating an individual multiuse
center development proposal, as well as ensuring that developments
proposed will implement the adopted master plan and other relevant
planning and development policies and guidelines for the area considered
for MPC zoning;
(b)
To encourage orderly, staged development of
large-scale comprehensively planned, multiuse centers by providing
procedures for various zoning and plan approvals, including development
phasing;
(c)
To encourage design flexibility and coordination
of the architectural style of buildings and signage;
(d)
To ensure the integration and internal compatibility
of applicable residential and nonresidential uses by providing a suitable
residential environment that is enhanced and complemented by commercial,
recreational, open space, employment and institutional uses, and amenities
within all land use components of the multiuse project;
(e)
To assure compatibility of the proposed land
uses with internal and surrounding uses by incorporating higher standards
of land planning and site design than could be accomplished under
existing zoning categories, and to provide a superior quality of development
exceeding that which could be achieved under conventional zoning regulations
and procedures;
(f)
To encourage the efficient use of land by: locating
employment and retail uses convenient to residential areas; reducing
reliance upon automobile use and encouraging pedestrian and other
nonvehicular circulation systems; retaining and providing useable
open space and active recreational areas close to employment and residential
populations; and providing for the development of comprehensive nonvehicular
circulation networks, separated from vehicular roadways, which constitute
a system of linkages among residential areas, open spaces, recreational
areas, commercial and employment areas, and public facilities;
(g)
To provide a superior natural environment by
and through the preservation of trees, natural topographic and geological
features, wetlands, watercourses and open spaces; and
(h)
To allow development only in a phased or staged
fashion to ensure the adequacy of the provision of public facilities
and the concurrent implementation of community amenities.
(2)
This zone and any accompanying development plan(s)
may be approved upon findings that the application is proper for the
comprehensive and systematic development of the Town, is capable of
accomplishing the purposes of this zone, is an internally and externally
compatible form of development and is consistent with the applicable
master plan, special conditions within such plan relating the property
under consideration, and other applicable planning and land use policies.
In order to enable the Town Council to evaluate the conformance with
the standards contained herein and elsewhere within this article,
specific sets of plans shall be submitted and the Town Council, as
authorized pursuant to this article, may approve said plan(s) if it
finds the plans capable of accomplishing the above purposes and in
compliance with the standards and requirements of this zone.
B.
Minimum location and development requirements.
(1)
Master plan.
(a)
No land of the minimum area within the Town
limits shall be classified in the Master Planned Community Zone unless
it is so designated in the Town's Comprehensive Plan recommending
mixed-use development for the land, which is the subject of the application.
(b)
All territory of the minimum areas which may
be annexed to the Town shall be considered to be classified in the
Master Planned Community Zone. Within 180 days of such annexation,
the classification shall revert to the classification of Residential
District, unless the applicant shall have submitted a sketch plan
for approval.
(2)
Minimum area. No land shall be classified in the MPC
Zone unless it contains a minimum of 40 acres. Parcels or tracts less
than the minimum acreage may be permitted if they are contiguous to
an existing MPC zoned area and if they may be harmoniously integrated
into the MPC area, consistent with the objectives and purposes of
this zone.
(3)
Location. Such land shall be located adjacent to and
readily accessible from existing or planned highways that are in an
approved construction program and are adequate to service the proposed
development. It is intended that adequate access be available to such
sites so that traffic does not have an adverse impact on the surrounding
area or cause internal circulation or safety problems.
(4)
Public water and sewer. No development shall be permitted
unless it shall at the time of occupancy be served by public water
and sewer.
(5)
Signage. Signage shall be coordinated between adjoining
uses and be thematic in approach, in accord with the purposes of this
zone and overall character of the surrounding area.
C.
Uses permitted.
(1)
Residential. All types of residential uses allowed
by right, conditional use, or by special exception, in the R-Residential
District are permitted uses.
(a)
The various residential housing types must be
planned and constructed in accordance with recommendations and special
conditions, if any, of the approved and adopted master plan.
(b)
The location and type of all residential uses
proposed on the site must be shown on the master plan submitted in
accordance with the requirements of this chapter, with the level of
specification increasing at each level of plans review.
(c)
Residential uses should be a prominent element
in any Master Planned Community Zone where the applicable development
is to be an integral component of a proposed multiuse project.
(d)
Residential uses may be mixed with proposed
commercial/employment uses, rather than located in a separate residential
area on the site, upon finding by the Town Council that combining
residential and nonresidential uses at one location, within a site,
will not adversely affect the overall development proposed.
(e)
To encourage affordable housing opportunities,
urban cottages may be constructed as a part of a main dwelling or
of an outbuilding. These cottages may contain no more than 25% of
the finished living space in the main dwelling, and may include living,
cooking, and bathing facilities. The lot coverage maximum for the
residential lot may not be exceeded when an urban cottage is included
on such lots.
(2)
Commercial/employment. All uses allowed by right or
by special exception in the Commercial Zones are permitted uses.
(a)
The approximate location and general type of
commercial/employment uses proposed on the site must be shown on sketch
plans and schematic development plans submitted in accordance with
this article with the level of specification increasing at each level
of plans review.
(b)
Mixed commercial and residential uses are permitted
provided that no more than 50% of mixed uses shall be residential.
Mixed uses shall be shown on sketch plans and schematic development
plans submitted with this article.
D.
Density and intensity of development.
(1)
Residential. The residential density in the MPC Zone
shall not exceed eight units per acre. The total number of dwelling
units and the corresponding overall density, as well as the approximate
location of such units, shall be established at the time of sketch
plan approval.
(2)
Commercial/employment. The commercial/employment density
in the Master Planned Community Zone shall be compatible with any
gross floor area or floor area ratio recommended in the applicable
area master plan of special conditions or requirements, if any are
stated therein. The maximum density of commercial/employment development
shall be based on the area shown for commercial/employment uses on
the sketch plan or schematic development plan, and shall not exceed
a floor area ratio of 1.5, except where authorized by a waiver of
the Town Council after a public hearing. Floor area ratio is the quotient
obtained by dividing the gross floor area of all buildings on a lot
by the gross lot area.
E.
Compatibility standards.
(1)
All uses shall conform to the purposes of the Master
Planned Community Zone and shall be compatible with all uses, existing
or proposed, in the vicinity of the area covered by the proposed planned
development. In order to assist in accomplishing such compatibility,
the following requirements shall apply:
(a)
All right-of-way requirements, setbacks, height
limits, open space or buffer areas recommended in an area master plan
or special conditions or requirements stated therein to protect properties
adjacent to the MPC zoned areas shall be incorporated into all plans
subject to approval under the zone.
(b)
Where setback, height limits, open space or
buffer areas are not recommended in an area master plan or special
conditions or requirements stated therein to protect properties adjacent
to the MPC zoned areas, the following requirements shall be incorporated
into all plans subject to approval under this zone:
[1]
No building other than single-family detached
dwellings shall be constructed within 50 feet of adjoining property
not zoned MPC or in a residential category that is developed with
single-family detached homes unless the Town Council finds that topographical
features permit a lesser setback. In all other situations, setbacks
from adjoining properties may be less than 50 feet, provided the setback
is approved by the Town Council.
[2]
No building proposed for commercial/employment
use shall be constructed less than 50 feet from any adjoining property
not zoned MPC or which is recommended for residential zoning and land
use on the applicable master plan. The setbacks shall be determined
as part of the final site plan approval.
[3]
No building shall be constructed to a height
greater than 42 feet, unless the Town Council finds that approval
of a waiver of this requirement will not adversely affect adjacent
property.
F.
Minimum green area, landscaping and amenity requirement.
(1)
The amount of green area, including designated parks,
public and private open space, active and passive recreational areas,
required for the residential portion of a master planned community
shall be not less than 40% of the total area shown for residential
use. "Private open space" is defined as lot areas not utilized for
building footprint driveways, other paved areas, or parking.
(2)
The minimum green area requirement, which shall include
designated parks, public and private open space, active and passive
recreational areas, for the commercial/employment/industrial portion
of a master planned community shall be not less than 25% of the total
area devoted to commercial/employment, except that comparable amenities
and/or facilities may be provided in lieu of green area if the Town
Council determines that such amenities or facilities are sufficient
to accomplish the purposes of the zone, and would be more beneficial
to the proposed development than strict adherence to the specific
green area requirement.
(3)
All recreational areas, facilities and amenities,
and all open space and landscaped areas shall be reflected on the
final site plans for approval by the Town Council. With respect to
such areas, facilities and amenities, the site plan or accompanying
documents shall reflect:
(a)
That such areas, facilities or amenities shall
not be constructed, converted or used for any purposes other than
those reflected and designated on the site plan unless amended with
the consent of the Town Council;
(b)
A staging or construction timetable specifying
the construction of all recreational areas, facilities and amenities.
This staging or construction timetable may be related to the number
of residential units under construction or complete, or population
levels, or other appropriate standards; and
(c)
A detailed plan with copies of proposed supporting
covenants to be filed among the land records prior to the issuance
of building permits for each phase of development, which shall enumerate
the property owners' and all successors' obligations for perpetual
maintenance of all common area, green space, recreation areas, facilities
and amenities, and all common landscaped areas.
G.
Public utilities.
(1)
A master planned community should conform to the utilities
recommended for the site by the approved and adopted master plan,
including the granting of such easements and the making of such dedications
to the public as may be shown thereon or as shall be deemed necessary
by the Town to ensure the compatibility of the development with the
surrounding area and to assure the ability of the area to accommodate
the uses proposed by the application.
(2)
All new utility lines in the master planned community
shall be placed underground. The owner/developer or subdivider shall
ensure final and proper completion and installation of all utility
lines. Poles and lamps for streetlighting shall be provided by the
owner/developer in accordance with the approved site plan.
(3)
All streets to be dedicated to public use shall be
shown on the schematic development plan and the final site plan, respectively.
(4)
An applicant for approval under the MPC Zone shall
demonstrate at the time of filing a schematic development plan and
at time of site plan approval that all public utilities are either
presently adequate to service the development requested for approval
or will be provided.
(5)
All public utilities to be provided by an applicant
shall be secured at the time of receipt of building permits by a bond
or other financial security satisfactory to the Town to ensure completion.
The Town may require as part of site plan approval written agreements,
either secured or unsecured, to be executed to ensure satisfactory
completion of all public utilities.
H.
Parking requirements. Off-street parking shall be provided in accordance with Article VII of this chapter, except as may be authorized below:
(1)
The Town Council, at the time of schematic development plan review, shall determine the appropriate approximate number of parking spaces. At the time of final site plan approval, the Town Council shall determine the final number of parking spaces, based upon considerations of safety, convenience, pedestrian and vehicular circulation and added landscaping within parking lot areas. In addition, the Town Council may reduce the number of parking spaces required for any use in Article VII of this chapter where such reduction will meet the purposes of the MPC zoning.
I.
Application
and processing procedure. Procedures governing the application for
the MPC Zone and approvals necessary to seek building permits shall
be subject to the following multistep process:
[Added 10-12-2004 by Ord. No. 05-01]
(1)
Application
for the MPC Zone and sketch plan approval.
(a)
An applicant shall file, together with the prescribed application
fee, an application for the MPC Zone pursuant to the provisions of
this Code and, in addition, shall submit for approval as part of the
application for separate approval a sketch plan reflecting, at a minimum,
the following:
[1]
The boundaries of the entire tract or parcel.
[2]
Generalized location of existing and proposed external roads and
adjacent land use and development.
[3]
Generalized location and description of various internal proposed
land use components, including information as to proposed densities
and intensities, proposed size and heights of development.
[4]
Generalized location, description and timing of proposed roads, proposed
dedicated public lands and perimeter setback or buffer areas.
[5]
Proposed phasing or staging plan of development, public facilities
and information regarding such plan's consistency with provision of
master planned or otherwise necessary public facilities.
[6]
Generalized area of woodlands, streams and watercourses and other
areas intended for natural preservation.
[7]
Demonstration of general compliance with any master plan recommendations
for the property, including any special conditions or requirements
related to the property set forth in the master plan.
(b)
The Town Council shall conduct a public hearing( s) on the application
subject to the notification procedures in this Code.
(2)
Application
for schematic development plan approval.
(a)
A schematic development plan shall be filed for approval by the Council
of all or portions of the area zoned MPC and reflected within the
approved sketch plan, together with the required filing fee. The schematic
development plan shall contain, at a minimum, the following:
[1]
Boundary survey and identification plat or survey plat.
[2]
The use(s) of all buildings and structures within the schematic development
plan area, as well as existing uses of adjacent property external
to the MPC zoned area and proposed uses within adjoining MPC zoned
areas.
[3]
The location, height, approximate dimensions and conceptual elevations
of all buildings and structures, and the setbacks and densities and/or
square footage thereof.
[4]
The location of points of access to the site and all public and private
roads, pedestrian and bike paths.
[5]
The location and setbacks of parking areas.
[6]
Existing topography, including:
[a]
Contour intervals of not more than one foot.
[b]
Major vegetative growth, as well as natural treed areas to be
preserved and those to be removed;
[c]
One-hundred-year floodplains;
[d]
Other natural features, such as rock outcroppings and scenic
views;
[e]
Utility easements, if any; and
[f]
Historic buildings, structures or areas.
[7]
All landscaped areas, proposed conceptual screen planting, open spaces,
plazas, malls, courts, community identification signage, recreation
and amenity areas.
[8]
Proposed phasing or staging plan of development and information relating
to such plan's consistency with the provision of public facilities.
[9]
Demonstration of general compliance with any master plan recommendations
for the property, including any special conditions or requirements
related to the property set forth in the master plan.
[10]
A proposed covenant or other form of agreement indicating how the
area will be included in any homeowners' association or other organization,
and how any open space, community space or amenities located within
the area subject to review will be properly maintained.
(b)
Unless a prior waiver is obtained from the Town Council, a schematic
development plan shall contain, at a minimum, at least 50 dwelling
units and/or 50,000 square feet of proposed retail/office development,
or a comparable equivalent mix of such development. This restriction
shall not apply to amendments of schematic development plans.
(c)
The Town Council shall conduct a public hearing(s) on the application
subject to the notification procedures of this Code.
(d)
The approval of a schematic development plan shall substitute for
preliminary site plan approval.
(3)
Final
site plan review.
(a)
Following approval of a schematic development plan, an applicant
shall submit to the Town Council a final site plan for approval, which
shall be in accord with the approved schematic development plan and
shall include the following:
[1]
All information and documentation required pursuant to this Code.
[2]
Proposed phasing or staging plan of development and information regarding
such plan's consistency with the provision of public facilities.
[3]
Demonstration of general compliance with any master plan recommendations
for the property, including any special conditions or requirements
related to the property set forth in the master plan.
[4]
Demonstration of compliance with the approved schematic development
plan.
[5]
A proposed covenant, suitable for filing in the Land Records of Sussex
County, which shall indicate in specific language that the property
which is the subject of the application is restricted in its use and/or
development standards to the schematic development plan and any accompanying
or qualifying text material submitted with such plan, as such plan
may be approved of modified by the Council at the time of final site
plan review. The covenant to be filed in the Land Records shall also
indicate that such restrictions shall be in effect until such time
as the property may be rezoned, at which time such restrictions shall
be removed.
[6]
A site plan enforcement agreement to be signed by the applicant and
the Town, requiring the applicant to execute all the features shown
on the site plan and the sequence and timing when said features will
be completed. The Council may require that performance of the terms
of the agreement be secured by a bond, letter of credit or other security
acceptable to the Town.
(b)
Approvals, processes, procedures and amendments to site plans shall
be in accord with the Code.
J.
Findings
required.
[Added 10-12-2004 by Ord. No. 05-01]
(1)
The
Town Council shall approve MPC zoning and the accompanying sketch
plan only upon finding that:
(2)
The
Town Council shall approve a schematic development plan only upon
the finding that:
(a)
The plan is substantially in accord with the approved sketch plan;
and
(b)
The plan meets or accomplishes the purposes, objectives and minimum
standards and requirements of the zone; and
(c)
The plan is in accord with the area master plan and any accompanying
special condition or requirements contained in said master plan for
the area under consideration; and
(d)
The plan will be compatible and harmonious with existing and planned
land uses in the MPC zoned areas.
(3)
The
Town Council shall approve a final site plan consistent with the findings
required by the Code, and upon considerations, determinations and
powers set forth in this Code. The Town Council may, as a condition
of its approval, require the posting of all necessary bonds or other
security instruments, the execution of required agreements, and recording
of covenants. The Town Council may impose such other conditions regarding
the proposed development that are required in the exercise of planning
judgment.
K.
Procedures
for amendments. Amendments to a sketch plan or schematic development
plan may be permitted by the Town Council. If in the opinion of the
Building Official the proposed amendment is substantial, the Town
Council shall conduct a public hearing.
[Added 10-12-2004 by Ord. No. 05-01]
[Amended 4-13-2010 by Ord. No. 10-07; 1-14-2014 by Ord. No.
14-02; 8-11-2015 by Ord. No. 16-01]
A.
Purpose of the district. The purpose of this district
is to provide a mixed-use district, which functions as the historical
hub of the Town and which provides a mixed residential, retail convenience
shopping and personal service use area. It is not intended as a district
to accommodate regional shopping facilities. The district also permits
business and professional offices, which can be compatible with residential
uses.
B.
Permitted uses. In a C1 — Town Center Commercial
District, a building may be erected, altered or used on a lot or premises
and may be used for any of the following purposes:
[Amended 11-13-2018 by Ord. No. 19-07]
(1)
Uses permitted in R — Residential District,
in conformity with the permitted residential requirements;
(2)
Apartments above commercial businesses;
(3)
Small-scale shopping center in compliance with the following:
(a)
Minimum lot frontage: 200 feet.
(b)
Minimum lot area: two acres.
(c)
Maximum lot area: four acres.
(d)
Minimum building setbacks.
[1]
Front: 20 feet.
[2]
Side: 15 feet.
[Amended 2-12-2019 by Ord. No. 19-09]
[3]
Rear: 20 feet.
[a]
When the rear lot line of a C1-Town Center Commercial
District parcel abuts a residentially zoned parcel or residential
use, the rear building setback along the common property line shall
be expanded to a minimum of 30 feet. A landscape buffer area of no
less than 10 feet in width shall be provided in the thirty-foot setback
area.
[b]
A buffer planting strip not less than 10 feet wide
shall be provided along all side lot lines which form a common lot
line with any residential district or residential use.
(e)
All buildings within the small-scale shopping facility shall
be either in a group or groups, either physically attached or, if
separated, having a separation of at least 10 feet. Sidewalks and
walkways adjacent to buildings may be protected from the weather by
overhead roofs, which may extend between separated buildings as long
as the structure(s) meet the requirements of the State of Delaware
State Fire Marshal's Office.
(4)
Retail sales, such as:
(a)
Bakery;
(b)
Pharmacy;
(c)
News and bookstore;
(d)
Retail store;
(e)
Florist\nursery;
(f)
Antique store;
(g)
Art gallery or studio;
(h)
Liquor store;
(i)
Sidewalk sales, provided sales are to be conducted on business
property with improvements thereon and confined to the exclusive display
only of merchandise the business sells in its establishment at that
location. No merchandise displayed on the sidewalk shall be permitted
which obstructs, interferes with, or in any way is a hazard to the
orderly movement of pedestrian traffic. A minimum of five feet of
unobstructed sidewalk (the width of curb shall not be included) will
be provided at all times.
(j)
Restaurant housed in a permanent building, which may include;
[1]
Full service;
[2]
Carry-out;
[3]
Drive-through or drive-in;
[4]
Food counter;
[5]
Tavern and bar;
[6]
Brew pub, winery or distillery, as an accessory use to a restaurant.
[a]
All restaurant owners who will be serving alcoholic
beverages must apply with the Alcohol Beverage Control Commission
(ABCC), which is the final approving authority of licensing establishment
for the sale of alcoholic beverages in the Town limits.
(k)
Coffee, ice cream or frozen dessert shop;
(l)
Clothing and apparel shop;
(m)
Furniture store;
(n)
Home center\hardware store;
(o)
Produce market;
(p)
Landscape design and installation center;
(q)
Interior furnishings store, including but not
limited to fixtures, floor covering, and window treatments;
(5)
Personal service establishments, such as:
(a)
Barber shop;
(b)
Beauty salon, including day and tanning spa,
hair and nail salon;
(c)
Laundromat;
(d)
Dry cleaner (drop-off and pickup only);
(e)
Tailor shop;
(f)
Financial institution;
(g)
Photographic studio;
(h)
Repair shops, limited to shoe, clock and computer;
(i)
Travel agency;
(j)
Health and exercise facility.
(7)
Amusements, indoor and outdoor;
(9)
Meeting hall/conference center;
(10)
Fraternal and service organizations, public and private.
C.
Permitted accessory uses and structures. Accessory
uses are incidental to and subordinate to the principle use of the
lot. The following are permitted accessory uses:
[Amended 1-14-2014 by Ord. No. 14-02]
(1)
Parking in conjunction with a permitted use, including
off-street parking for customers, employees and commercial vehicles
used in the permitted activity;
(2)
Indoor storage of merchandise or supplies carried
in conjunction with a permitted business or office use; and
(3)
[2]One detached accessory garage in compliance with the following:
(a)
Any residentially used lot of less than 0.75 acre may, as an
accessory to a single-family dwelling, have a detached accessory garage
not to exceed 800 square feet.
(b)
Any residentially used lot of 0.75 acre or greater may, as an
accessory to a single-family dwelling, have a detached accessory garage
not to exceed a maximum of 1,200 square feet.
(c)
Storage space located in attic areas shall be included in total
square footage.
(d)
A detached accessory garage must have a pitched roof and shall
exceed neither 1 1/2 stories nor 18 feet in height.
(e)
No detached accessory garage shall be located in any front yard
area.
(f)
A detached accessory garage shall have the following setbacks
from the rear and side property lines:
|
Square Footage
|
Setback
(feet)
|
Building Height
|
|---|---|---|
|
Up to 800
|
10
|
18 feet - not to exceed 1 1/2 stories
|
|
800 to 1,000
|
15
|
18 feet - not to exceed 1 1/2 stories
|
|
More than 1,000
|
20
|
18 feet - not to exceed 1 1/2 stories
|
(g)
A detached accessory garage shall not occupy more than 20% of
the side or rear yard in which it is located.
(h)
All accessory buildings and principal buildings shall not exceed
the maximum lot coverage of 35% as stated in § 155-13H(4).
(i)
All properties along Route 26 should follow the Town's Development
Design Standards and Guidelines.
[2]
Editor's Note: Former Subsection C(3), regarding residences
for the owner or employees of a business, was repealed 8-22-2023 by Ord. No. 24-03. This ordinance also renumbered former Subsection C(4)
and (5) as Subsection C(3) and (4), respectively.
(4)
Yard waste drop-off facility in compliance with the following:
[Amended 11-13-2018 by Ord. No. 19-07]
(a)
Yard waste drop-off facilities in conjunction with a landscaping
business, nursery or both, for the temporary storage and transfer
of yard waste, must be approved as an accessory use by the Town Council.
(c)
The yard waste site shall be located no closer than 300 feet
from any residentially used property as measured from the edge of
the nearest pile to the nearest residentially used property line.
(d)
The yard waste site shall be enclosed by fencing or shall reasonably
limit vehicular and pedestrian access through the use of fences, trees
or other means.
(e)
Yard waste to be disposed of must be clean of other waste. Individuals
who haul the yard waste are responsible for ensuring that their load
is secured as to prevent littering along the roadways. However, nothing
in this subsection limits any potential liability of the property
owner.
D.
[3]Building height. The height of a building shall neither
exceed 42 feet in height nor be more than four stories, exclusive
of a basement.
E.
Area and yard requirements.
(1)
The following requirements shall apply to all uses
in the zone except where otherwise provided:
(a)
Minimum:
[1]
Lot frontage: 100 feet.
[2]
Lot area: 8,000 square feet.
[3]
Each side yard: 15 feet.
[4]
Front yard: 20 feet. (NOTE: The "Development
Design Standards and Guidelines for Route 26 and Route 17" encourages
commercial buildings to be placed near the street line with parking
located to the side or rear of the primary building.)
[5]
Rear yard: 20 feet.
[a]
When the rear lot line of a C1-Town Center Commercial
District parcel abuts a residentially zoned parcel or residential
use, the rear building setback along the common property line shall
be expanded to a minimum of 30 feet. A landscape buffer area of no
less than 10 feet in width shall be provided in the thirty-foot setback
area.
[b]
A buffer planting strip not less than 10 feet wide
shall be provided along all side lot lines which form a common lot
line with any residential district or residential use.
(b)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped, utilizing combinations
such as fencing, shrubbery, lawn area, ground cover, rock formations,
contours, existing foliage, and the planting of conifers and/or deciduous
trees native to the area in order to either maintain or reestablish
the tone of the vegetation of the area and lessen the visual impact
of the structures and paved areas. The established grades on any site
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting, as well as to assure that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(3)
Maximum coverage: the maximum coverage of the lot, including all
buildings, parking areas, and other impervious surface areas shall
not exceed 60%. Maximum coverage may be increased to 70% if the applicant
presents a plan placing the building near the street with parking
located to the side or rear of the primary building and the additions
of streetscape, plazas, courtyards and permanent site furnishings
such as benches, tables, bike racks, trash cans, planters, lighting
and additional landscaping, etc. Such increase in coverage will be
at the discretion of the Town Council based on the findings by the
Planning and Zoning Commission that the above improvements are incorporated
and are in excess of the minimum requirements established in the "Development
Design Standards and Guidelines for Route 26 and Route 17," and provide
increased development quality to the site.
[Amended 4-13-2010 by Ord. No. 10-07; 8-11-2015 by Ord. No. 16-01]
A.
Purpose of the district. The purpose of this district
is to provide for well-planned and attractive larger-scale commercial
and shopping facilities.
B.
Permitted uses. In a C2 — Town Commercial District,
a building or buildings may be erected, altered or used on a lot or
premises and may be used for any of the following purposes and none
other:
(1)
Any uses permitted in C1-Town Center Commercial District;
(2)
Restaurant housed in a permanent building, which may
include:
(a)
Full service;
(b)
Carry-out;
(c)
Drive-through or drive-in;
(d)
Food counter;
(e)
Tavern and bar;
(f)
Brew pub, winery and distillery, as an accessory use to a restaurant.
(g)
All restaurant owners who will be serving alcoholic beverages
must apply with the Alcohol Beverage Control Commission (ABCC), which
is the final approving authority of licensing establishment for the
sale of alcoholic beverages in the Town limits.
(3)
Supermarkets;
(4)
Shopping centers;
(5)
Motels and hotels;
(6)
Home improvement stores;
(7)
Nursery, garden and farm supply sales;
(8)
Clinics, hospitals and urgent-care facilities;
(9)
Car wash;
(10)
Conference centers.
C.
Permitted accessory uses. Accessory uses are incidental
to and subordinate to the principle use of the lot. The following
are permitted accessory uses:
(1)
Parking in conjunction with a permitted use, including
off-street parking for customers, employees and commercial vehicles
used in the permitted activity;
(2)
Indoor storage of merchandise or supplies carried
in conjunction with a permitted business or office use;
(3)
Accessory uses to churches, synagogues or other places
of religious worship, such as religious instructional activities,
day-care center and preschool.
D.
[1]Building height. The height of a building shall neither
exceed 42 feet in height nor be more than four stories, exclusive
of a basement.
E.
Area and yard requirements:
(1)
Shopping centers:
(a)
Minimum lot frontage: 200 feet.
(b)
Minimum lot area: five acres.
(d)
Maximum impervious surface coverage (including
buildings): 70%.
(e)
All buildings within the shopping center shall
be either in a group or groups, either physically attached or if separated,
having a separation of at least 10 feet. Sidewalks and walkways adjacent
to buildings may be protected from the weather by overhead roofs,
which may extend between separated buildings as long as the structure(s)
meet the requirements of the State of Delaware State Fire Marshal's
Office.
F.
When the rear yard of a C-2 zoned parcel abuts a residentially
zoned parcel or residential use, the minimum building setback along
the common property line shall be expanded to a minimum of 60 feet.
A landscaped buffer area of no less than 25 feet in width shall be
included within the sixty-foot setback area.
G.
A buffer planting strip not less than 10 feet wide
shall be provided along all lot lines which form a common boundary
with any residential district.
I.
All portions of the property not utilized by buildings
or paved surfaces shall be landscaped utilizing combinations, such
as fencing, shrubbery, lawn area, ground cover, rock formations, contours,
existing foliage, and the planting of conifers and/or deciduous trees
native to the area in order to either maintain or reestablish the
tone of the vegetation of the area and lessen the visual impact by
the structures and paved areas. The established grades on any site
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting, as well as to assure that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
J.
All buildings in a single project shall conform to
a single architectural style.
K.
Minimum off-street parking. See Article VII, Supplemental District Regulations, § 155-28. See Attachment 1.[2]
[2]
Editor’s Note: Attachment 1 is included as an attachment to this chapter.
[Amended 2-10-2015 by Ord. No. 15-01]
A.
General provisions.
(1)
Findings.
(a)
The Federal Emergency Management Agency (FEMA) has identified
special flood hazard areas within the boundaries of the Town of Millville.
Special flood hazard areas are subject to periodic inundation which
may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety
and general welfare. Development that is inadequately elevated, improperly
floodproofed, or otherwise unprotected from flood damage also contributes
to the flood loss.
(b)
The Town of Millville, by resolution, agreed to meet the requirements
of the National Flood Insurance Program and was accepted for participation
in the program on September 25, 1981. Subsequent to that date or the
initial effective date of the Town of Millville Flood Insurance Rate
Map, all development and new construction, as defined herein, are
to be compliant with the Town of Millville's floodplain management
regulations in effect at the time of construction, and all development,
new construction, and substantial improvements subsequent to the effective
date of these regulations shall be compliant with these regulations.
(2)
Statement of purpose. It is the purpose of these regulations to promote
the public health, safety and general welfare, and to:
(a)
Protect human life, health and welfare;
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future;
(c)
Minimize flooding of water supply and sanitary sewage disposal
systems;
(d)
Maintain natural drainage;
(e)
Reduce financial burdens imposed on the community, its governmental
units and its residents, by discouraging unwise design and construction
of development in areas subject to flooding;
(f)
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(g)
Minimize prolonged business interruptions;
(h)
Minimize damage to public facilities and other utilities such
as water and gas mains, electric, telephone and sewer lines, streets
and bridges;
(i)
Reinforce that those who build in and occupy special flood hazard
areas should assume responsibility for their actions;
(j)
Minimize the impact of development on adjacent properties within
and near flood-prone areas;
(k)
Provide that the flood storage and conveyance functions of the
floodplain are maintained;
(l)
Minimize the impact of development on the natural and beneficial
functions of the floodplain;
(m)
Prevent floodplain uses that are either hazardous or environmentally
incompatible; and
(n)
Meet community participation requirements of the National Flood
Insurance Program as set forth in the Code of Federal Regulations
at 44 CFR 59.22.
(3)
Areas to which these regulations apply. These regulations shall apply to all special flood hazard areas within the jurisdiction of the Town of Millville, as identified in Subsection A(4).
(4)
Basis for establishing special flood hazard areas.
(a)
For the purposes of these regulations, the following are adopted
by reference as a part of these regulations and serve as the basis
for establishing special flood hazard areas:
[1]
The FEMA Flood Insurance Study for Sussex County, Delaware and
Incorporated Areas dated March 16, 2015, and all subsequent amendments
and/or the most recent revision thereof.
[2]
The FEMA Flood Insurance Rate Map for Sussex County, Delaware
and Incorporated Areas dated March 16, 2015, and all subsequent amendments
and/or the most recent revision thereof.
[3]
Other hydrologic and hydraulic engineering studies and/or maps
prepared pursuant to these regulations or for other purposes, and
which establish base flood elevations, delineate one-hundred-year
floodplains, floodways or other areas of special flood hazard.
(b)
The Town of Millville may identify and regulate new local flood
hazard or ponding areas. These areas should be delineated and adopted
on a local flood hazard map using best available topographic data
and locally derived information such as flood of record, historic
high water marks or approximate study methodologies.
(c)
Where field-surveyed topography indicates that ground elevations
are below the closest applicable base flood elevation, even in areas
not delineated as a special flood hazard area on a flood hazard map,
the area shall be considered as special flood hazard area.
(d)
Maps and studies that establish special flood hazard areas are
on file at the Town of Millville Town Hall, 36404 Club House Road,
Millville, Delaware.
(5)
Abrogation and greater restrictions. These regulations are not intended
to repeal or abrogate any existing ordinances, including subdivision
regulations, zoning ordinances and building codes. In the event of
a conflict between these regulations and any other ordinance, the
more restrictive shall govern. These regulations shall not impair
any deed restriction, covenant or easement, but the land subject to
such interests shall also be governed by these regulations.
(6)
(7)
Warning and disclaimer of liability. The degree of flood protection
required by these regulations is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by man-made or natural causes. These regulations
do not imply that land outside of the special flood hazard areas or
uses that are permitted within such areas will be free from flooding
or flood damage. These regulations shall not create liability on the
part of the Town of Millville, any officer or employee thereof, or
the Federal Emergency Management Agency, for any flood damage that
results from reliance on these regulations or any administrative decision
lawfully made thereunder.
(8)
Severability. Should any section or provision of these regulations
be declared by a court to be unconstitutional or invalid, such decision
shall not affect the validity of the regulations as a whole or any
part thereof other than the part so declared to be unconstitutional
or invalid.
B.
Definitions.
(1)
Unless specifically defined in § 155-79, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(2)
AREA OF SHALLOW FLOODING
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION
DRY FLOODPROOFING
ELEVATION CERTIFICATE
ENCLOSURE BELOW THE LOWEST FLOOR
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FEMA TECHNICAL BULLETIN
FLOOD DAMAGE-RESISTANT MATERIALS
FLOOD INSURANCE RATE MAP (FIRM)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
FLOOD INSURANCE STUDY
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
LETTER OF MAP CHANGE
(a)
(b)
(c)
LOWEST FLOOR
MANUFACTURED HOME
NEW CONSTRUCTION
PERSON
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE or BUILDING
VIOLATION
As used in this section, the following terms shall have the meanings
indicated:
A designated Zone AO on a community's Flood Insurance Rate
Map with a one-percent annual chance or greater of flooding to an
average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
The flood having a one-percent chance of being equaled or
exceeded in any given year; the base flood also is referred to as
the one-hundred-year flood (or the 1%-annual-chance flood).
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The water surface elevation of the base flood in relation
to the datum specified on the community's Flood Insurance Rate Map.
In areas of shallow flooding, the base flood elevation is the natural
grade elevation plus the depth number specified in feet on the Flood
Insurance Rate Map, or at least two feet if the depth number is not
specified.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The National Flood Insurance Program elevation certificate
(FEMA Form 086-0-33), used to document building elevations and other
information about buildings. When required to be certified, the form
shall be completed by a licensed professional land surveyor.
An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access, or storage, in an area other
than a basement.
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
A series of guidance documents published by FEMA to provide
guidance concerning building performance standards of the National
Flood Insurance Program. See sections where specific technical bulletins
are identified.
Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage
that requires more than cosmetic repair. See FEMA Technical Bulletin
No. 2, Flood Damage-Resistant Materials Requirements, and FEMA Technical
Bulletin No. 8, Corrosion Protection for Metal Connectors in Coastal
Areas.
An official map on which the Federal Emergency Management
Agency has delineated special flood hazard areas to indicate the magnitude
and nature of flood hazards, and to designate applicable flood zones.
Zone A: special flood hazard areas inundated by the 1%-annual-chance
flood; base flood elevations are not determined.
Zone AE: special flood hazard areas subject to inundation by
the 1%-annual-chance flood; base flood elevations are determined;
floodways may or may not be determined.
Zone AO: areas of shallow flooding, with or without a designated
average flood depth.
Zone X (shaded): areas subject to inundation by the five-hundred-year
flood (0.2% annual chance); areas subject to the 1%-annual-chance
flood with average depths of less than one foot or with contributing
drainage area less than one square mile; and areas protected by levees
from the base flood.
Zone X (unshaded): areas determined to be outside the 1%-annual-chance
flood and outside the five-hundred-year floodplain.
Zone VE: special flood hazard areas subject to inundation by
the 1%-annual-chance flood and subject to high-velocity wave action
(also referred to as coastal high hazard areas).
Limit of Moderate Wave Action (LiMWA): the inland limit of the
area affected by waves greater than 1.5 feet during the base flood.
Base flood conditions between Zone VE and LiMWA will be similar to,
but less severe than, those in Zone VE.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
The National Flood Insurance Program floodproofing certificate
for nonresidential structures (FEMA Form 86-0-34), used by registered
professional engineers and architects to certify dry floodproofing
designs.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height.
A factor of safety usually expressed in feet above a flood
elevation for the purposes of floodplain management. Freeboard tends
to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected-size
flood and floodway conditions, such as wave action, obstructed bridge
openings, debris and ice jams, and the hydrologic effect of urbanization
in a watershed.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water; the term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
An analysis performed by a professional engineer, licensed
in the State of Delaware, in accordance with standard engineering
practices as accepted by FEMA, used to determine the base flood, other-frequency
floods, flood elevations, floodway information and boundaries, and
flood profiles.
An official FEMA determination, by letter, to amend or revise
an effective Flood Insurance Rate Map, Flood Boundary and Floodway
Map, and Flood Insurance Study. Letters of map change include:
Letter of Map Amendment (LOMA): an amendment based on technical
data showing that a property was inadvertently included in a designated
special flood hazard area. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property is not
located in a special flood hazard area.
Letter of Map Revision (LOMR): a revision based on technical
data that may show changes to flood zones, flood elevations, floodplain
and floodway delineations, and planimetric features. One common type
of LOMR, a Letter of Map Revision Based on Fill (LOMR-F), is a determination
that a structure or parcel of land has been elevated by fill above
the base flood elevation and is, therefore, no longer exposed to flooding
associated with the base flood. In order to qualify for this determination,
the fill must have been permitted and placed in accordance with these
regulations.
Conditional Letter of Map Revision (CLOMR): a formal review
and comment as to whether a proposed flood protection project complies
with the minimum National Flood Insurance Program requirements for
such projects with respect to delineation of special flood hazard
areas. A CLOMR does not amend or revise effective Flood Insurance
Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
Upon submission to and approval of certified as-built documentation,
a Letter of Map Revision may be issued.
The lowest floor of the lowest enclosed area (including basement)
of a structure. This definition excludes an enclosure below the lowest
floor, which is an unfinished or flood-resistant enclosure usable
solely for parking of vehicles, building access or storage, in an
area other than a basement area, provided that such enclosure is built
in accordance with the applicable design requirements specified in
these regulations for enclosures below the lowest floor.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
Buildings and structures for which the start of construction
commenced on or after September 25, 1981, including any subsequent
improvements to such structures.
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
The land in the floodplain subject to a one-percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AO, and Zone VE. The term includes areas shown on other flood hazard maps that are specifically listed or otherwise described in Subsection A(4).
The date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
structures, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
For floodplain management purposes only, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home.
For the purposes of this section, the failure of a structure
or other development to be fully compliant with the community's floodplain
management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in these regulations is presumed to be in violation
until such time that documentation is provided.
C.
Administration.
(1)
Designation of the Floodplain Administrator. The Code and Building
Administrator is hereby appointed to administer and implement these
regulations and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator is authorized to: fulfill the duties
and responsibilities set forth in these regulations; delegate duties
and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees; or enter
into a written agreement or written contract with another jurisdiction
or agency, or private sector entity to administer specific provisions
of these regulations. Administration of any part of these regulations
by another entity shall not relieve the community of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
(2)
Duties and responsibilities of the Floodplain Administrator. The
duties and responsibilities of the Floodplain Administrator shall
include but are not limited to:
(a)
Review applications for permits to determine whether proposed
activities will be located in special flood hazard areas.
(b)
Interpret floodplain boundaries and provide flood elevation
and flood hazard information.
(c)
Review applications to determine whether proposed activities
will be reasonably safe from flooding.
(d)
Review applications to determine whether all necessary permits
have been obtained from those federal, state or local agencies from
which prior or concurrent approval is required.
(e)
Verify that applicants proposing to alter or relocate a watercourse
have notified adjacent communities and the Delaware Department of
Natural Resources and Environmental Control (Division of Watershed
Stewardship) and have submitted copies of such notifications to the
Federal Emergency Management Agency.
(f)
Issue permits to develop in special flood hazard areas when
the provisions of these regulations have been met, or disapprove the
same in the event of noncompliance.
(g)
Inspect buildings and lands to determine compliance with these
regulations or to determine if noncompliance has occurred or violations
have been committed.
(h)
Review submitted elevation certificates for completeness.
(i)
Submit to FEMA data and information necessary to maintain flood
hazard maps, including hydrologic and hydraulic engineering analyses
prepared by or for the Town of Millville, corrections to labeling
or planimetric details, etc.
(j)
Maintain and permanently keep all records for public inspection
that are necessary for the administration of these regulations, including
Flood Insurance Rate Maps, Letters of Map Amendment and Revision,
records of issuance and denial of permits, determinations of whether
development is in or out of special flood hazard areas for the purpose
of issuing permits, elevation certificates, other required certifications,
variances, and records of enforcement actions taken for violations
of these regulations.
(k)
Enforce the provisions of these regulations.
(l)
Assist with and coordinate flood hazard map maintenance activities.
(m)
Conduct determinations as to whether existing buildings and
structures damaged by any cause and located in special flood hazard
areas have been substantially damaged.
(n)
Make reasonable efforts to notify owners of substantially damaged
buildings and structures of the need to obtain a permit prior to repair,
rehabilitation, or reconstruction and to prohibit the noncompliant
repair of substantially damaged buildings except for temporary emergency
protective measures necessary to secure a property or stabilize a
structure to prevent additional damage.
(o)
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions, which may include but are
not limited to issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures materials and other information
related to the proper repair of damaged structures in special flood
hazard areas; and assisting owners with National Flood Insurance Program
claims for increased cost of compliance payments.
(p)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Town of Millville have been modified.
(3)
Permits required. It shall be unlawful for any person or entity to begin construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, as established in Subsection A(4), including but not limited to subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remodeling, improvement, replacement, reconstruction, repair, relocation, or expansion of any building or structure; recreational vehicles; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the Town of Millville. No such permit shall be issued until the requirements of these regulations have been met.
(4)
Application required. Application for a permit shall be made by the
owner of the property or his/her authorized agent, herein referred
to as "the applicant," prior to the actual start of construction.
The application shall be on a form furnished for that purpose.
(a)
Application contents. At a minimum, applications shall include:
[1]
Site plans, drawn to scale, showing the nature, location, dimensions,
existing and proposed topography of the area in question, the limits
of any portion of the site that was previously filled, and the location
of existing and proposed structures, excavation, filling, storage
of materials, drainage facilities, and other proposed activities.
[2]
Elevation of the existing natural ground where structures are
proposed, referenced to the datum on the Flood Insurance Rate Map,
and an elevation certificate that shows the ground elevation and proposed
building elevations (identified in Section C of the elevation certificate
as "Construction Drawings").
[3]
Delineation of special flood hazard areas, floodway boundaries, flood zones, and base flood elevations. Where surveyed natural ground elevations are lower than the base flood elevations, base flood elevations shall be used to delineate the boundary of special flood hazard areas. If proposed, changes in the delineation of special flood hazard areas shall be submitted to and approved by FEMA in accordance with Subsection C(4)(b). Where special flood hazard areas are not delineated or base flood elevations are not shown on the flood hazard maps, the Floodplain Administrator has the authority to require the applicant to use information provided by the Floodplain Administrator, information that is available from other sources, or to determine such information using accepted engineering practices.
[4]
For subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, and where base flood elevations are not shown on Flood Insurance Rate Maps, hydrologic and hydraulic engineering analyses and studies as required by Subsection D(2)(d).
[5]
Such other material and information as may be requested by the
Floodplain Administrator necessary to determine conformance with these
regulations.
[6]
For work on an existing structure, including any improvement,
addition, repairs, alterations, rehabilitation, or reconstruction,
sufficient information to determine if the work constitutes substantial
improvement, including:
[a]
Documentation of the market value of the structure
before the improvement is started or before the damage occurred.
[b]
Documentation of the actual cash value of all proposed
improvement work, or the actual cash value of all work necessary to
repair and restore damage to the before damaged condition, regardless
of the amount of work that will be performed.
[7]
Certifications and/or technical analyses prepared or conducted
by an appropriate design professional licensed in the State of Delaware,
as appropriate to the type of development activity proposed and required
by these regulations:
[a]
Floodproofing certificate for dry floodproofed nonresidential structures, as required in Subsection E(3).
[b]
Certification that flood openings that do not meet
the minimum requirements of Subsection E(2)(b)[3][b] are designed
to automatically equalize hydrostatic flood forces.
[c]
Technical analyses to document that the flood-carrying capacity of any watercourse alteration or relocation will not be diminished and documentation of maintenance assurances as required in Subsection E(5)(c).
[d]
Hydrologic and hydraulic engineering analyses demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but has not delineated a floodway, as required by Subsection E(5)(b).
(b)
Right to submit new technical data. The applicant has the right
to seek a letter of map change and to submit new technical data to
FEMA regarding base maps, topography, special flood hazard area boundaries,
floodway boundaries, and base flood elevations. Such submissions shall
be prepared in a format acceptable by FEMA and the Floodplain Administrator
shall be notified of such submittal. Submittal requirements and processing
fees shall be the responsibility of the applicant.
(c)
Requirement to submit new technical data. The Floodplain Administrator
shall notify FEMA of physical changes affecting flood hazard areas
and flooding conditions by submitting technical or scientific data
as soon as practicable, but not later than six months after the date
such information becomes available. The Floodplain Administrator has
the authority to require applicants to submit technical data to FEMA
for letters of map change.
(5)
Review; approval or disapproval.
(a)
Review. The Floodplain Administrator shall:
[1]
Review applications for development in special flood hazard
areas to determine the completeness of information submitted. The
applicant shall be notified of incompleteness or additional information
required to support the application.
[2]
Review applications for compliance with these regulations after all information required in Subsection C(4) or identified and required by the Floodplain Administrator has been received.
[3]
Review all permit applications to assure that all necessary
permits have been received from those federal, state or local governmental
agencies from which prior approval is required. The applicant shall
be responsible for obtaining such permits, including but not limited
to:
(b)
Approval or disapproval. The Floodplain Administrator shall
approve applications that comply with the applicable requirements
of these regulations. The Floodplain Administrator shall disapprove
applications for proposed development that do not comply with the
applicable provisions of these regulations and shall notify the applicant
of such disapproval, in writing, stating the reasons for disapproval.
(c)
Expiration of permit. A permit is valid provided the actual
start of construction occurs within 180 days of the date of permit
issuance. If the actual start of construction is not within 180 days
of the date of permit issuance, requests for extensions shall be submitted
in writing. Upon reviewing the request and the permit for continued
compliance with these regulations, the Floodplain Administrator may
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
(6)
Inspections. The Floodplain Administrator shall make periodic inspections
of development permitted in special flood hazard areas, at appropriate
times throughout the period of construction, in order to monitor compliance.
Such inspections may include:
(a)
Stakeout inspection, to determine location on the site relative
to the special flood hazard area and floodway;
(b)
Foundation inspection, upon placement of the lowest floor and
prior to further vertical construction, to collect information or
certification of the elevation of the lowest floor;
(c)
Enclosure inspection, including crawl spaces, to determine compliance
with applicable provisions;
(d)
Utility inspection, upon installation of specified equipment
and appliances, to determine appropriate location with respect to
the base flood elevation; and
(e)
Storage of materials.
(7)
Submissions required prior to issuance of a certificate of occupancy.
The following certifications are required to be submitted by the permittee
for development that is permitted in special flood hazard areas prior
to the issuance of a certificate of occupancy:
(a)
For new or substantially improved residential structures or
nonresidential structures that have been elevated, an elevation certificate
that shows the ground elevation and finished elevations (identified
in Section C of the elevation certificate as "Finished Construction").
(b)
For nonresidential structures that have been dry floodproofed,
a floodproofing certificate based on finished construction (identified
in Section II of the floodproofing certificate).
(8)
Flood Insurance Rate Map use and interpretation. The Floodplain Administrator
shall make interpretations, where needed, as to the exact location
of special flood hazard areas, floodplain boundaries, and floodway
boundaries. The following shall apply to the use and interpretation
of special flood hazard maps and data:
(a)
In FEMA-identified special flood hazard areas where base flood
elevation and floodway data have not been identified and in areas
where FEMA has not identified special flood hazard areas, any other
flood hazard data available from a federal, state, or other source
shall be reviewed and reasonably used. When a Preliminary Flood Insurance
Rate Map has been provided by FEMA to identify base flood elevation
where such elevations were not previously shown, the base flood elevations
on the Preliminary Flood Insurance Rate Map shall be used.
(b)
Special flood hazard area delineations, base flood elevations,
and floodway boundaries on FEMA maps and in FEMA studies shall take
precedence over delineations, base flood elevations, and floodway
boundaries by any other source that reflect a reduced special flood
hazard area, reduced floodway width and/or lower base flood elevations.
(c)
Other sources of data shall be reasonably used, with the approval
of the Floodplain Administrator, if they show increased base flood
elevations and/or larger floodway areas than are shown on FEMA flood
maps and studies.
(d)
Where field-surveyed topography indicates that ground elevations
are below the base flood elevation, even in areas not delineated as
a special flood hazard on a flood hazard map, the area shall be considered
as special flood hazard area.
D.
Requirements in all special flood hazard areas.
(1)
Application of requirements. The general requirements of this section apply to all development proposed within special flood hazard areas identified in Subsection A(4).
(2)
Subdivisions and developments.
(a)
All subdivision and development proposals shall be consistent
with the need to minimize flood damage and are subject to all applicable
standards in these regulations.
(b)
All subdivision and development proposals shall have utilities
and facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage.
(c)
All subdivision and developments proposals shall have adequate
drainage provided to reduce exposure to flood damage.
(d)
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in FEMA-delineated special flood hazard areas where base flood elevation
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
delineations. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a conditional letter of
map revision or letter of map revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
(3)
Protection of water supply and sanitary sewage systems.
(a)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems.
(b)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into systems
and discharges from systems into floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment
to or contamination from them during conditions of flooding.
(4)
Buildings and structures. All new construction of buildings and structures,
including placement of manufactured homes and substantial improvements
to existing buildings and structures, that are to be located, in whole
or in part, in special flood hazard areas shall meet the following
requirements:
(a)
Be designed (or modified) and constructed to safely resist flood
loads. The construction shall provide a complete load path capable
of transferring all loads from their point of origin through the load-resisting
elements to the foundation. Buildings and structures shall be designed,
connected and anchored to resist flotation, collapse or permanent
lateral movement due to structural loads and stresses from flooding
equal to the base flood elevation, including hydrodynamic and hydrostatic
loads and the effects of buoyancy.
(b)
Be constructed by methods and practices that minimize flood
damage.
(c)
Use flood-damage-resistant materials below the elevation of
the lowest floor. See FEMA Technical Bulletin No. 2, Flood Damage-Resistant
Materials Requirements, and FEMA Technical Bulletin No. 8, Corrosion
Protection for Metal Connectors in Coastal Areas.
(d)
Have electrical systems, equipment and components, and heating,
ventilating, air conditioning, and plumbing appliances, plumbing fixtures,
duct systems, and other service equipment located at or above the
elevation of the lowest floor. Electrical wiring systems are permitted
to be located below the elevation of the lowest floor, provided they
conform to the provisions of the electrical part of this code for
wet locations. If replaced as part of a substantial improvement, electrical
systems, equipment and components, and heating, ventilation, air conditioning,
and plumbing appliances, plumbing fixtures, duct systems, and other
service equipment shall meet the requirements of this section. See
FEMA Technical Bulletin No. 4, Elevator Installation.
(e)
As an alternative to Subsection D(4)(d), electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment are permitted to be located below the elevation of the lowest floor, provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of the base flood.
(g)
In a special flood hazard area with more than one designation
(Zones A, AE, and AO, floodway), meet the requirements of the most
restrictive designation.
(5)
Fill.
(a)
Disposal of fill, including but not limited to rubble, construction
debris, woody debris, and trash, shall not be permitted in special
flood hazard areas.
(b)
Where permitted by Subsection E (Zones A, AE, and AO), fill placed for the purpose of raising the ground level and to support a building or structure shall meet the following requirements:
[1]
Extend laterally from the building footprint to provide for
adequate access, as a function of use; the Floodplain Administrator
may seek advice from the State Fire Marshal's Office and/or the local
fire services agency.
[2]
Placed and compacted to provide for stability under conditions
of rising and falling floodwaters and resistance to erosion, scour,
and settling.
[3]
Consist of soil or rock materials only.
[4]
Sloped no steeper than one vertical on two horizontal, unless
approved by the Floodplain Administrator.
[5]
Designed with provisions for adequate drainage and no adverse
effect on adjacent properties.
(c)
Fill placed for a purpose other than to support a building or structure shall meet the requirements of Subsection D(5)(b)[2] through [5].
(6)
Historic structures. Repair, alteration, or rehabilitation of historic structures shall be subject to the requirements of these regulations unless a determination is made that compliance with these regulations will preclude the structure's continued designation as an historic structure and a variance is granted in accordance with Subsection F and such variance is the minimum necessary to preserve the historic character and design of the structure.
(7)
Recreational vehicles.
(a)
Recreational vehicles in special flood hazard areas shall be
fully licensed and ready for highway use, and shall be placed on a
site for less than 180 consecutive days.
(8)
Gas or liquid storage tanks.
(a)
Underground tanks in special flood hazard areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(b)
Aboveground tanks in special flood hazard areas shall be elevated
and anchored to or above the base flood elevation plus 12 inches or
shall be anchored at grade and designed and constructed to prevent
flotation, collapse, or lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
(c)
In special flood hazard areas, tank inlets, fill openings, outlets
and vents shall be:
[1]
At or above the base flood elevation plus 12 inches or fitted
with covers designed to prevent the inflow of floodwater or outflow
of the contents of the tanks during conditions of the base flood.
[2]
Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood.
E.
Specific requirements in special flood hazard areas.
(1)
General requirements. In addition to the general requirements of Subsection D, the requirements of this subsection apply to all development proposed in special flood hazard areas.
(2)
Residential structures and residential portions of mixed-use structures.
(a)
Elevation requirements.
[1]
The lowest floor (including basement) shall be elevated to or
above the base flood elevation plus 12 inches.
[2]
In areas of shallow flooding (Zone AO), the lowest floor (including
basement) shall be elevated at least as high above the highest adjacent
grade as the depth number specified in feet on the Flood Insurance
Rate Map plus 12 inches, or at least two feet plus 12 inches if a
depth number is not specified; adequate drainage paths shall be provided
to guide floodwaters around and away from the structure.
(b)
Enclosures below the lowest floor.
[1]
Enclosures below the lowest floor shall be used solely for parking
of vehicles, building access, crawl spaces, or limited storage.
[2]
Enclosures below the lowest floor shall be constructed using
flood damage-resistant materials. See FEMA Technical Bulletin No.
2 - Flood Damage-Resistant Materials Requirements.
[3]
Enclosures below the lowest floor (including crawl spaces) shall
be provided with flood openings which shall meet the following criteria
(see FEMA Technical Bulletin No. 1 - Openings in Foundation Walls
and Walls of Enclosures):
[a]
There shall be a minimum of two openings on different
sides of each enclosed area; if a building has more than one enclosed
area below the base flood elevation, each area shall have openings
on exterior walls.
[b]
The total net area of all openings shall be at
least one square inch for each square foot of enclosed area, or the
openings shall be designed and certified by a registered engineer
or architect to provide for equalization of hydrostatic flood forces
on exterior walls by allowing for the automatic entry and exit of
floodwaters.
[c]
The bottom of each opening shall be one foot or
less above the adjacent ground level.
[d]
Any louvers, screens or other opening covers shall
allow the automatic flow of floodwaters into and out of the enclosed
area.
[e]
Where installed in doors and windows, openings
that meet requirements of Subsection E(2)(b)(3)(a) through (d), are
acceptable; however, doors and windows without installed openings
do not meet the requirements of this subsection.
[4]
Crawl spaces shall have the finished interior ground level equal
to or higher than the outside finished ground level.
(c)
Manufactured homes.
[1]
New or replacement manufactured homes, including substantial
improvement of existing manufactured homes, shall:
[a]
Be elevated on a permanent, reinforced foundation that raises the lowest floor to or above the base flood elevation plus 12 inches and is otherwise in accordance with Subsection E(2)(a).
[b]
Be installed in accordance with the anchor and
tie-down requirements of the building code or the manufacturer's written
installation instructions and specifications.
[2]
For the purpose of this requirement, the lowest floor of a manufactured
home is the bottom of the lowest horizontal supporting member of the
lowest floor.
(3)
Nonresidential structures and nonresidential portions of mixed-use
structures.
(a)
Elevation requirements.
[1]
The lowest floor (including basement) shall be elevated to or above the base flood elevation plus 12 inches or the structure shall be dry floodproofed in accordance with Subsection E(3)(b).
[2]
In areas of shallow flooding (Zone AO), if not dry floodproofed,
the lowest floor (including basement) shall be elevated at least as
high above the highest adjacent grade as the depth number specified
in feet on the Flood Insurance Rate Map plus 12 inches, or at least
two feet plus 12 inches if a depth number is not specified; adequate
drainage paths shall be provided to guide floodwaters around and away
from the structure.
(b)
Dry floodproofing requirements. Dry floodproofed structures,
together with attendant utility and sanitary facilities, shall:
[1]
Be designed to be dry floodproofed such that the structure is
watertight with walls and floors substantially impermeable to the
passage of water to the level of the base flood elevation plus 12
inches. In areas of shallow flooding (Zone AO), the structure shall
be dry floodproofed at least as high above the highest adjacent grade
as the depth number specified in feet on the Flood Insurance Rate
Map plus 12 inches, or at least two feet plus 12 inches if a depth
number is not specified.
[2]
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
[3]
Be certified by a licensed professional engineer or licensed
professional architect with a floodproofing certificate, that the
design and methods of construction meet the requirements of this section.
Refer to FEMA Technical Bulletin No. 3, Non-Residential Floodproofing
- Requirements and Certification, for guidance.
(4)
Accessory structures. Accessory structures shall meet the requirements
of these regulations. Accessory structures that have a footprint of
no more than 200 square feet may be allowed without requiring elevation
or floodproofing, provided such structures meet all of the following
requirements:
(a)
Usable only for parking or limited storage;
(b)
Constructed with flood-damage-resistant materials below the
base flood elevation;
(c)
Constructed and placed to offer the minimum resistance to the
flow of floodwaters;
(d)
Firmly anchored to prevent flotation, collapse, and lateral
movement;
(e)
Electrical service and mechanical equipment elevated to or above
the level of the base flood elevation plus 12 inches; and
(g)
For guidance, see FEMA Technical Bulletin No. 7, Wet Floodproofing
Requirements.
(5)
Protection of flood-carrying capacity.
(a)
Development in floodways. Within any floodway area designated
on the Flood Insurance Rate Map, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic engineering analyses that the proposed encroachment would
not result in any increase in flood levels within the community during
the occurrence of the base flood discharge. Such technical data shall
be submitted to the Floodplain Administrator and to FEMA. The analyses
shall be prepared by a licensed professional engineer in a format
required by FEMA for a Conditional Letter of Map Revision or Letter
of Map Revision. Submittal requirements and processing fees shall
be the responsibility of the applicant. The proposed development activity
may be permitted if the analyses demonstrate that the activity:
[1]
Will not result in any increase in the base flood elevation;
or
[2]
Will result in an increase in the base flood elevation, provided
a Conditional Letter of Map Revision has been issued by FEMA and the
applicant completes all of the following:
[a]
Submits technical data required in Subsection C(4)(a)[7][d];
[b]
Evaluates alternatives which would not result in
increased base flood elevations and an explanation why these alternatives
are not feasible;
[c]
Certifies that no structures are located in areas
which would be impacted by the increased base flood elevation;
[d]
Documents that individual legal notices have been
delivered to all impacted property owners to explain the impact of
the proposed action on their properties;
[e]
Requests and receives concurrence of the Town Manager
of the Town of Millville and the Chief Executive Officer of any other
community impacted by the proposed actions; and
[f]
Notifies the Delaware Department of Natural Resources
and Environmental Control's Division of Watershed Stewardship.
(b)
Development in areas with base flood elevations but no floodways.
For development activities in a special flood hazard area with base
flood elevations but no designated floodways, the applicant shall
develop hydrologic and hydraulic engineering analyses and technical
data reflecting the proposed activity and shall submit such analyses
and data to the Floodplain Administrator and to FEMA. The analyses
shall be prepared by a licensed professional engineer in a format
required by FEMA for a Conditional Letter of Map Revision or Letter
of Map Revision. Submittal requirements and processing fees shall
be the responsibility of the applicant. The proposed development activity
may be permitted if the analyses demonstrate that the cumulative effect
of the proposed development activity, when combined with all other
existing and potential special flood hazard area encroachments, will
not increase the base flood elevation more than 1.0 foot at any point.
(c)
Deliberate alterations of a watercourse.
[1]
For the purpose of these regulations, a watercourse is deliberately
altered when a person causes a change to occur within its banks. Deliberate
changes to a watercourse include, but are not limited to, widening,
deepening or relocating of the channel; installation of culverts;
construction of bridges; and excavation or filling of the channel
or watercourse banks.
[2]
For any proposed deliberate alteration of a watercourse, the
applicant shall develop hydrologic and hydraulic engineering analyses
and technical data reflecting such changes and submit such technical
data to the Floodplain Administrator and to FEMA. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a Conditional Letter of Map Revision or Letter of Map
Revision. Submittal requirements and processing fees shall be the
responsibility of the applicant.
[3]
The proposed alteration of a watercourse may be permitted upon
submission, by the applicant, of the following:
[b]
A description of the extent to which the watercourse
will be altered or relocated as a result of the proposed development.
[c]
A certification by a licensed professional engineer
that the bankful flood-carrying capacity of the watercourse will not
be diminished.
[d]
Evidence that adjacent communities, the U.S. Army
Corps of Engineers, and the Delaware Department of Natural Resources
and Environmental Control's Division of Watershed Stewardship have
been notified of the proposal and evidence that such notifications
have been submitted to the Federal Emergency Management Agency.
[e]
Evidence that the applicant shall be responsible
for providing the necessary maintenance for the altered or relocated
portion of the watercourse so that the flood carrying capacity will
not be diminished. The Floodplain Administrator may require the permit
holder to enter into an agreement with Town of Millville specifying
the maintenance responsibilities; if an agreement is required, the
permit shall be conditioned to require that the agreement be recorded
on the deed of the property which shall be binding on future owners.
F.
Flood hazard variances. The Town of Millville's Board of Adjustment shall have the power to authorize, in specific cases and in accordance with the notice and hearing provisions of § 155-59, such variances from the requirements of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1)
Application for a variance.
(a)
Any owner, or agent thereof, of property for which a variance
is sought shall submit an application for a variance to the Floodplain
Administrator.
(b)
At a minimum, such application shall contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request. Each variance application shall specifically address each of the considerations in Subsection F(2) and the limitations and conditions of Subsection F(3).
(2)
Considerations for variances. In considering variance applications,
the Board of Adjustment shall consider and make findings of fact on
all evaluations, all relevant factors, requirements specified in other
sections of these regulations, and the following factors:
(a)
The danger that materials may be swept onto other lands to the
injury of others.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development and its contents
(if applicable) to flood damage and the effect of such damage on the
individual owner.
(d)
The importance of the services provided by the proposed development
to the community.
(e)
The availability of alternative locations for the proposed use
which are not subject to, or are subject to less, flooding or erosion
damage.
(f)
The necessity to the facility of a waterfront location, where
applicable, or if the facility is a functionally dependent use.
(g)
The compatibility of the proposed use with existing and anticipated
development.
(h)
The relationship of the proposed use to the Comprehensive Plan
for that area.
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(k)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
(3)
Limitations for variances.
(a)
An affirmative decision on a variance request shall only be
issued upon finding all of the following:
[1]
A showing of good and sufficient cause. A "good and sufficient"
cause is one that deals solely with the physical characteristics of
the property and cannot be based on the character of the planned construction
or substantial improvement, the personal characteristics of the owner
or inhabitants, or local provisions that regulate standards other
than health and public safety standards;
[2]
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
property;
[3]
Increased cost or inconvenience of meeting the requirements
of these regulations does not constitute an exceptional hardship to
the applicant;
[4]
A determination that the granting of a variance for development
within any designated floodway, or special flood hazard area with
base flood elevations but no floodway, will not result in increased
flood heights beyond that which is allowed in these regulations;
[5]
A determination that the granting of a variance will not result
in additional threats to public safety; extraordinary public expense,
nuisances, or fraud on or victimization of the public, or conflict
with existing local laws;
[6]
A determination that the structure or other development is protected
by methods to minimize flood damages; and
[7]
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(b)
Upon consideration of the individual circumstances, the limitations
and conditions, and the purposes of these regulations, the Board of
Adjustment may attach such conditions to variances as it deems necessary
to further the purposes of these regulations.
(c)
The Board of Adjustment shall notify, in writing, any applicant
to whom a variance is granted for a building or structure with a lowest
floor elevation below the base flood elevation that the variance is
to the floodplain management requirements of these regulations only,
and that the cost of federal flood insurance will be commensurate
with the increased risk.
G.
Enforcement; compliance required.
(1)
No structure or land development shall hereafter be located, erected,
constructed, reconstructed, repaired, extended, converted, enlarged
or altered without full compliance with these regulations and all
other applicable regulations which apply to uses within the jurisdiction
of these regulations.
(2)
Failure to obtain a permit shall be a violation of these regulations and shall be punishable in accordance with Article XII of this chapter.
(3)
Permits issued on the basis of plans and applications approved by
the Floodplain Administrator authorize only the specific activities
set forth in such approved plans and applications or amendments thereto.
Use, arrangement, or construction of such specific activities that
is contrary to that authorized shall be deemed a violation of these
regulations.
