This chapter shall be known and may be cited
as the "Zoning Ordinance of the Town of Milton, Sussex County, State
of Delaware."
The zoning regulations and districts in this
chapter have been made in accordance with a Comprehensive Plan as
required by the State of Delaware. The grant of authority and powers
conferred upon the Town of Milton in the creation and implementation
of this Zoning Ordinance is set forth in 22 Del. C. § 301
et seq. Likewise, this chapter and its regulations are subject to
the limitations, restrictions, and the regulations governing such
municipal authority as set forth in 22 Del. C. § 301 et
seq. Furthermore, certain procedural rights of the Town of Milton's
inhabitants vis-a-vis this Zoning Ordinance are set forth in the state's
enabling legislation set forth at 22 Del. C. § 301 et seq.
Pursuant to the authority and power granted, the Town Council of the
Town of Milton, Sussex County, State of Delaware, hereby ordains,
enacts and publishes as follows.
[Amended 12-7-2009 by Ord. No. 2009-001; 1-9-2023 by Ord. No. 2022-008]
The long title of this ordinance is "An Ordinance
Establishing a Comprehensive Zoning Plan for the Town of Milton by
Dividing the Territory Thereof into Certain Zoning Use and Overlay
Districts and Prescribing Regulations and Standards for Permitted
Uses, Densities and Design of Buildings, Other Structures and Land
Therein."
A.
This chapter and use districts herein set forth, as
identified upon the Official Zoning Map of the Town of Milton, are
made for the purpose of protecting the character of the community
in terms of its design, mix of uses, scale, architecture and history,
helping implement the Town of Milton Comprehensive Plan and facilitating
community economic development in terms of job development, retention
and investment. This chapter promotes public health, safety, and general
welfare, conserves the value of land throughout the Town and prescribes
the most desirable uses for which the land in each zoning use district
may be adapted as well as those uses to be subjected to special regulations.
The height, bulk and location of buildings and other structures, the
area of yards, courts, setbacks and other open spaces, the density
of population and intensity of use of buildings and land, the use
and conservation of unique waterfront areas, and the use of structures
and land for a diversity of residential choices, a Town center, commercial/business,
limited industrial, institutional or other purposes, are hereby restricted
and regulated as hereinafter provided.
B.
The Town of Milton Zoning Ordinance has been designed
to preserve open space; to lessen congestion in the streets; to protect
the Broadkill River and its tributaries, preserve nearby agricultural
lands, to secure safety from fire, flood, and other dangers; to provide
adequate light, air, and convenience of access; and facilitate the
adequate provision of transportation, water, sewage, schools, parks,
public recreational facilities and other public services. They have
been made with reasonable regard, among other things, to the character
of each district and the suitability of each district for particular
uses as well as to the conservation of the value of buildings, land,
and uses in order to promote the most appropriate use of land, preservation
of the natural and historic environment and enhancement of the local
economy throughout the Town of Milton.
C.
The regulations contained in this chapter have been
designed in accordance with the current Town of Milton Comprehensive
Plan as recommended by the Planning and Zoning Commission of the Town
of Milton and adopted by the Town Council of the Town of Milton and
certified by the State of Delaware.
[Amended 1-9-2023 by Ord. No. 2022-008]
D.
All such zoning regulations and maps shall be enacted
for the purposes of:
(1)
Preserving and promoting the health, safety and welfare
of the citizens of the Town of Milton.
(2)
Protecting and preserving the architectural and historic
character of Milton's built environment and extending this character
as growth occurs within the Town or through annexation.
(3)
Guiding the future growth and development of the Town
in accordance with the Town of Milton Comprehensive Plan in a manner
that results in positive and beneficial land use relationships among
residential, nonresidential and public areas.
[Amended 1-9-2023 by Ord. No. 2022-008]
(4)
Providing for the orderly growth and development of
the Town and its environs in a manner which will protect, conserve
and stabilize the value of land, structures and neighborhoods.
(5)
Providing adequate light, air and privacy to building
areas and lots, securing safety from fire and other danger and preventing
overcrowding of land and undue congestion of population.
(6)
Providing for coordination between the use of land
and structures and the street and highway system in order to avoid
congestion in the streets and to promote safe and convenient traffic
circulation.
(7)
Regulating and coordinating development activities
to provide for the adequate provision of public facilities and services.
(8)
Providing for a diversity of housing types in varied
living environments.
(9)
Providing open space to protect the archeological,
historic, scenic and natural features of the Town, as well as providing
recreation spaces for existing and future needs.
(10)
Facilitating the adequate provision of transportation,
water, sewerage, schools, parks and other public facilities.
(11)
Preserving farmland and the agricultural land
base.
(12)
Providing for the preservation and protection of high tidal
and freshwater ponds, lakes, and rivers.
[Added 7-20-2015 by Ord.
No. 2015-006]
(13)
Promoting
and implementing goals of the adopted and certified Town of Milton
Comprehensive Plan.
[Added 1-9-2023 by Ord. No. 2022-008]
E.
Minimum and uniform regulations that shall apply in
the respective districts include the following:
[Amended 1-9-2023 by Ord. No. 2022-008]
(1)
Use regulations establishing permitted principal and
accessory uses, uses allowed by special permit, and conditional uses
for each zoning use district.
(2)
Maximum area, density, and bulk regulations, vehicle
parking, minimum lot size and yard requirements, minimum lot coverage
and maximum structural height, building setback and flood level requirements.
(3)
Creation of a Town of Milton Planning and Zoning Commission
with powers conferred by 22 Del. C. § 306.
(4)
Creation of a Town of Milton Board of Adjustment with
powers conferred by 22 Del. C. § 321 et seq.
