Town of Milton, DE Article III Establishment of Districts

§ 220-7 Application of regulations.

A. No building or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, moved, or altered, unless in conformity with the regulations herein specified for the district where it is located, except as hereinafter provided.

[Amended 1-9-2023 by Ord. No. 2022-008]

B. The regulations contained in this chapter are supplemented and specifically subject to regulations contained in other ordinances of the Town of Milton; see for example:

(1) Animals (Chapter 63).

(2) Building (Chapter 85).

(3) Fire (Chapter 121).

(4) Housing (Chapter 136).

(5) Refuse (Chapter 179).

(6) Water (Chapter 215).

(7) Streets and sidewalks (Chapter 183).

(8) Subdivision (Chapter 188).

(9) Sewer (Chapter 170).

(10) Bed-and-breakfasts (Chapter 76).[1]

[1] Editor's Note: Chapter 76 was subsequently repealed 2-6-2023 by Ord. No. 2023-001.

(11) Flood Ordinance (Chapter 125).

(12) Source water protection areas (Chapter 181).

[Added 6-22-2015 by Ord. No. 2015-009]

§ 220-8 General regulations.

A. No building or structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of dwelling units, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards or side yards, than is specified herein for the district where such building or structure is located.

[Amended 1-9-2023 by Ord. No. 2022-008]

B. No part of a required yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.

C. No lot shall be so reduced in size that its area or any of its dimensions or open spaces shall be smaller than those required by this chapter.

D. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.

E. Any uses not specifically permitted shall be deemed to be prohibited.

F. Regardless of any other provisions of this chapter, any use that is noxious or offensive by reason of emission of odor, dust, noise, vibration, smoke, gas, fumes or radiation or presents a hazard to public health safety is prohibited, in accordance with the standards of Article VII of this chapter.

[Amended 1-9-2023 by Ord. No. 2022-008]

§ 220-9 Establishment of districts.

[Amended 1-9-2023 by Ord. No. 2022-008]

To fulfill the purpose of this chapter, the Town of Milton establishes the following zoning use and overlay districts:

R-1	Single-Family Residential Use District
R-2	Single-Family Residential Use District
R-3	General and Multifamily Residential Use District
T-C	Town Center Use District
C-1	Commercial and Business Use District
M-R	Marine Resources Use District
MURC	Mixed-Use Residential and Commercial District
LI-1	Light Industrial Use District
LLI-1	Limited Light Industrial Use District
LPD	Large Parcel Development District
HP-OD	Historic Preservation Overlay District

§ 220-10 Official Zoning Map.

A. The Town is hereby divided into districts or zones as shown on the Official Zoning Map of the Town of Milton that, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter.[1]

[Amended 1-9-2023 by Ord. No. 2022-008]

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

B. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the Secretary of the Town Council and bearing the Seal of the Town under the following words: "This is to certify that this is the Official Zoning Map of the Town of Milton referred to in Article III of the Town of Milton Zoning Ordinance."

C. The location and boundaries of said zoning use districts are hereby established on the Official Zoning Map of the Town of Milton that is kept on file and will be available for public viewing in the Town office, and shall be final authority as to the current zoning status of land and water areas.

[Amended 1-9-2023 by Ord. No. 2022-008]

D. In accordance with the provisions of this chapter and Chapter 3, Title 22, of the Delaware Code, if changes are made in district boundaries or other matter portrayed on the Official Zoning Map of the Town of Milton, such changes shall be made promptly after the amendment has been approved by the Mayor and Council, together with an entry on the Official Zoning Map as follows: "On _______ by official action of the Mayor and Council, the following change(s) was (were) made in the Official Zoning Map: (brief description of change, which entry has been signed by the Mayor and attested to by the Mayor and Secretary of the Town Council." Such changes or amendments shall not become effective until they have been duly entered upon the Official Zoning Map by the Town Clerk.

[Amended 1-9-2023 by Ord. No. 2022-008]

E. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided in Article XIV of this chapter.

F. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Mayor and Town Council may by ordinance adopt a new Official Zoning Map that shall supersede the prior Official Zoning Map.

[Amended 1-9-2023 by Ord. No. 2022-008]

G. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the Secretary of the Town Council, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted __________ as part of Ordinance Number __________ of the Town of Milton."

[Amended 1-9-2023 by Ord. No. 2022-008]

§ 220-11 Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

A. Center lines and right-of-way lines. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements, or watercourses, said boundaries shall be constructed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way of such street, highway, public utility system, or watercourse is moved not more than 20 feet.

[Amended 1-9-2023 by Ord. No. 2022-008]

B. Lot or boundary lines. Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines, or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.

C. Parallel to lot or boundary lines. Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines, or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.

D. Lands under tidal or fresh waters are included within zoning districts adjoining those water bodies, and where two or more different zoning districts adjoin the same water body, the boundary between them shall be construed as lying midway between the opposite shores.

E. Where natural or man-made features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances are not covered by the above subsections, the Board of Adjustment shall interpret the district boundaries.

F. District boundaries shall be determined by use of an accurate scale that shall be shown on the Zoning Map. In no instances shall a district boundary be set at less than the minimum lot depth required in § 220-24, Density Control Table, of this chapter.

[Amended 1-9-2023 by Ord. No. 2022-008]

G. In the event of a questionable district boundary, the questionable boundary shall be referred to the Board of Adjustment, and it shall, to the best of its ability, establish the exact boundary.

H. The copy of the Zoning Map showing any such determinations under this section shall be on file at the Town office.

I. Precise zone boundary determinations made by the Board of Adjustment in accordance with the above rules shall be considered final and conclusive, and may only be altered by amendment of the Zoning Map by the Town Council of the Town of Milton.

J. Lots divided by zoning district lines. Where a lot is divided by a district boundary line, the regulations for each respective district shall apply except:

(1) In all cases where a lot in one ownership, other than a through lot, is divided by a district boundary so that 50% or more of such lot lies in the less restricted district, the regulations prescribed for such less restricted district shall apply to the more restricted portion of said lot for a distance of 30 feet from the zoning district boundary. For purposes of this chapter, the more restricted district shall be deemed that district subject to regulations that prohibit the particular use intended to be made of said lot or that set higher standards with respect to setback, coverage, yards, screening, landscaping and similar requirements.

[Amended 1-9-2023 by Ord. No. 2022-008]

(2) In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, the regulations applicable to the greater part of the lot shall be deemed to apply to the entire lot.

K. Buildings divided by zoning district lines. Where a district boundary line divides a building existing on the effective date of this chapter, so that 50% or more of such building lies within the less restricted district, the regulations prescribed by this chapter for such less restricted district (as defined in Subsection J above) shall apply to the entire building. Such provisions shall apply only if, and as long as, the building is in single ownership and its structural characteristics prevent its use in conformity with the requirements of each district.