[Amended 1-9-2023 by Ord. No. 2022-008]
A.
For the purpose of this chapter, the Town of Milton
and the lands where its governing body has jurisdiction are hereby
divided into zoning use and overlay districts to be designated as
set forth herein.
B.
The zoning use and overlay districts are shown on
the Official Zoning Map that accompanies this chapter and is hereby
declared to be part of this chapter. District map designations, lines,
figures, letters and symbols shown on said map are hereby declared
to be part of this chapter.
A.
Intent. The intent of the R-1 Single-Family Residential
Use District is to delineate areas where predominantly single-family
detached, low-density residential development has occurred or is desired
and likely to occur in the future and to protect the integrity of
these residential areas by encouraging diversity in dwelling styles
and construction that preserves existing land features and neighborhood
scale. The R-1 district will prohibit the intrusion of any use which
is not compatible with this predominant type and intensity as well
as clear cutting of trees on the lot or major alteration of existing
topography. The R-1 District recognizes the value of such other permissible
uses as churches, schools, libraries and other educational buildings,
and playgrounds.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Permitted uses. Within the R-1 District, permitted
principal, accessory and special uses shall be as specified in the
following sections.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
Special permitted uses. The following uses may be
permitted in the R-1 Residential Use District consistent with the
provisions of this chapter and provided that a special use permit
is approved by the Planning and Zoning Commission:
(a)
Adult-care facilities.
(b)
Bed-and-breakfasts.
(c)
Cemeteries.
(d)
Churches or places of worship.
(e)
Funeral homes.
(f)
Home occupations.
(g)
Libraries.
(h)
Museums.
(i)
Nonprofit membership clubs.
(j)
Golf courses.
(k)
Public or private schools.
(l)
Government uses, nonlocal.
(m)
Public utility systems.
C.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
A.
Intent. The intent of the R-2 Single-Family Residential
Use District is to delineate areas for the development of detached
or attached single-family residential uses at densities similar to
that of the R-1 Use District, but with the ability to utilize design
and planning concepts to create a planned and desirable residential
living environment while protecting existing and future uses. The
R-2 District protects the integrity of these residential areas by
prohibiting the intrusion of any use that is not compatible with these
types and intensities of use.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Permitted uses. Within the R-2 District, permitted
principal, accessory and special uses shall be as specified in the
following sections.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
Special permitted uses. The following uses may be
permitted in the R-2 Residential Use District consistent with the
provisions of this chapter and provided that a special use permit
is approved by the Planning and Zoning Commission:
(a)
Bed-and-breakfasts.
(b)
Cemeteries.
(c)
Churches or places of worship.
(d)
Cluster housing.
(e)
Funeral homes.
(f)
Golf courses.
(g)
Home occupations.
(h)
Libraries.
(i)
Museums.
(j)
Public utility systems.
(k)
Public and private schools.
(l)
Townhouses.
(m)
Government uses, nonlocal.
(n)
Adult day cares.
C.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
A.
Intent. The intent of the R-3 General and Multifamily
Residential Use District is to delineate areas where conditions are
favorable for the development of multifamily dwellings and where specific
conditions of site size, unitary ownership, topography, utility provisions,
street capacity and accessibility, landscaping, buffering and scenic
quality, compatibility with neighboring uses and areas and drainage
are such that multifamily dwelling development exists or is desired
and likely to occur and be appropriate in future years.
B.
Permitted uses. Within the R-3 District, permitted
principal, special and accessory uses shall be as specified in the
following sections.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
Special permitted uses. The following uses may be
permitted in the R-3 Residential Use District consistent with the
provisions of this chapter and provided that a special use permit
is approved by the Planning and Zoning Commission:
(a)
Adult-care facilities.
(b)
Bed-and-breakfasts.
(c)
Cemeteries.
(d)
Churches or places of worship.
(e)
Cluster housing.
(f)
Day-care center.
(g)
Golf courses.
(h)
Government uses, nonlocal.
(i)
Home occupations.
(j)
Libraries.
(k)
Museums.
(l)
Nursery schools.
(m)
Nursing and convalescent homes.
(n)
Public or private schools.
(o)
Public utility systems.
C.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
[Added 7-6-2020 by Ord.
No. 2020-002]
A.
Intent.
(1)
The intent of the Mixed-Use Residential and Commercial District
is to encourage and promote well-planned, suitable, sustainable and
appropriate mixed-use developments with residential and commercial
components within appropriate areas of the Town. The focus is to:
allow a more balanced mix of uses in a mixed-use development, provide
for the diverse needs of the residents of the Town, allow development
flexibility without sacrificing the existing image and character of
the surrounding neighborhood, encourage efficient land use by minimizing
the amount of land needed for building area, reduce neighborhood vehicle
trips, and facilitate development that supports public transit where
applicable. A mixed-use development should be safe, comfortable and
attractive to pedestrians, patrons and residents. The purpose of the
district is to encourage carefully planned mixed-use developments
as a means of creating a superior shopping, working and 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.
(2)
The MURC District standards are based on the following principles:
(a)
Ensure efficient use of land and public services.
(b)
Located along Town's principal arterials.
(c)
Create a mix of housing and employment opportunities.
(d)
Provide transportation options for employees and customers and
reduce reliance on the automobile.
(e)
Promote business services close to employment centers.
(f)
Ensure compatibility of mixed-use developments with the surrounding
area and minimize off-site impacts associated with such development.
(g)
Create economically successful mixed-use centers and transit
corridors.
(h)
For an individual development, maintain a minimum size of five
acres and a maximum size of 25 acres.
(i)
Maintain a raw ratio of 8:2 residential to commercial.
B.
Permitted uses. The following permitted uses are intended to create
and maintain developments with a compatible mix of residential and
commercial uses. A broad range of uses are permitted to provide options
for commercial opportunities and to promote the development of affordable
and workforce housing. This mix of retail, offices, commercial services,
housing, and civic uses is intended to create economic and social
vitality while encouraging the linking of trips and shortening trip
distances between uses and services.
(1)
Commercial:
(a)
Administrative, financial and professional offices.
(b)
Antique and craft stores.
(c)
Art galleries.
(d)
Artist's and photographer's studios.
(e)
Bakery shops.
(f)
Barber shops and beauty salons.
(g)
Blueprinting and photostatting.
(h)
Book and stationery stores.
(i)
Clothing stores.
(j)
Confectionery stores.
(k)
Day-care centers.
(l)
Florists and plant shops.
(m)
Hardware and paint stores.
(n)
Home appliance stores.
(o)
Interior decorating shops.
(p)
Jewelry stores.
(q)
Neighborhood markets.
(r)
Media operations (TV and internet).
(s)
Medical and dental offices and clinics.
(t)
Pet shops.
(u)
Pharmacies.
(v)
Post offices.
(w)
Standard restaurants, coffee shops, tea rooms.
(x)
Shoe repair shops.
(y)
Shoe shops (retail).
(z)
Tailor shops.
(aa)
Theaters.
C.
D.
Special permitted uses. The following uses may be permitted in the MURC District consistent with the provisions of this chapter and provided that a special use permit is approved under Article VI of this chapter:
[Amended 1-9-2023 by Ord. No. 2022-008]
(1)
Adult-care facilities.
(2)
Bed-and-breakfasts.
(3)
Cemeteries.
(4)
Cluster housing.
(5)
Electric vehicle (EV) charging station.
(6)
Enclosed amusement facilities.
(7)
Golf courses.
(8)
Government uses, nonlocal.
(9)
Home occupations.
(10)
Laboratories, medical and dental.
(11)
Libraries.
(12)
Licensed establishments serving alcoholic beverages for consumption
on the premises, provided the establishment of such a business would
not adversely affect the health, safety, and general welfare of the
community.
(13)
Lodges and meeting halls.
(14)
Museums.
(15)
Nursery schools.
(16)
Nursing and convalescent homes.
(17)
Public utility systems.
(18)
Schools, public or private.
(19)
Supportive housing, subject to those restrictions that apply
to other dwellings of the same type in the MURC District.
(20)
Transitional housing, subject to those restrictions that apply
to other residential dwellings of the same type in the MURC District.
(21)
Vocational or professional colleges or training centers, including
but not limited to barber and beauty colleges, modeling schools, medical
training, and other trades located within enclosed facilities.
E.
Prohibited uses. The following uses are incompatible with the MURC
District and are specifically prohibited:
(1)
Adult-oriented businesses.
(2)
Automotive repair facilities.
(3)
Automotive service stations.
(4)
Car wash facilities.
(5)
Commercial parking lots.
(6)
Commercial uses other than specifically identified in this section
as permitted or specially permitted.
(7)
Contractor yard/storage.
(8)
Fast food and drive-through restaurants.
(9)
Gasoline filling stations.
(10)
Gun shops.
(11)
Industrial uses.
(12)
Landfills.
(13)
Motels and hotels.
(14)
Motor vehicle dealerships.
(15)
Pawn shops.
(16)
Sale of any boat or vehicle from a vacant or unimproved lot.
(17)
Swap meets.
(18)
Transfer stations.
F.
Area and bulk regulations; density control.
(2)
In addition, a development may have a maximum of 40% of its
gross area consist of residential dwellings.
(3)
In addition, the dimensional requirements for this district are incorporated from § 220-24, Density Control Table as follows:
(a)
Two-family dwellings, multiple-family dwellings and townhouses
shall comply with the dimensional requirements of the R-3 District.
(b)
Semidetached single-family dwellings shall comply with the dimensional
requirements of the R-2 District.
(c)
Detached single-family dwellings shall comply with the dimensional
requirements of the R-1 District.
(d)
Commercial and nonresidential uses shall comply with the dimensional
requirements of the C-1 District.
G.
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
I.
Site plan review; concept plan required.
A.
Intent. The intent of the T-C Town Center Use District
is to delineate the Town Center area which is historic and pedestrian
in scale and is predominantly utilized and is appropriate for a more
intensive and traditional mixture of interactive retail, cultural,
conference and meeting, lodging, business and personal service, financial,
institutional, office, residential and governmental uses and to provide
and promote a full range of Town Center uses that serve the needs
of the surrounding town and county populations and to ensure that
any use permitted is compatible with the character of the district
and its permitted types and intensities of use. The purpose of the
T-C District is also to recognize the unique historical character
of the Town Center as a part of the heritage of the Town of Milton
and Sussex County.
B.
Permitted uses. Within the T-C Town Center Use District,
permitted principal, special and accessory uses shall be as specified
in the following sections.
(1)
Permitted principal uses.
[Amended 10-7-2013 by Ord. No. 2013-07; 1-9-2023 by Ord. No. 2022-008]
(a)
Antique and craft shops.
(b)
Art galleries.
(c)
Banks and financial institutions.
(d)
Barber- and beauty shops.
(e)
Colleges and institutions of higher education.
(f)
Day-care centers.
(g)
Dwelling, single-family detached.
(h)
Dry-cleaning businesses, drop-off and pickup
service only.
(i)
Dwelling units above first-floor businesses.
(j)
General merchandise stores.
(k)
Governmental uses, local.
(l)
Libraries.
(m)
Museums.
(n)
Newspaper and publishing facilities.
(o)
Nonprofit membership clubs.
(p)
Nursery schools.
(q)
Personal service establishments.
(r)
Photographic studios.
(s)
Public or private schools.
(t)
Public parks and recreational uses.
(u)
Repair shops, nonvehicle.
(v)
Restaurants, standard and fast-food.
(w)
Retail businesses and commercial uses of a convenience
and pedestrian-oriented nature.
(x)
Theaters.
(y)
Dwelling, single-family semidetached.
(3)
Special permitted uses. The following uses may be
permitted in the T-C Town Center Use District consistent with the
provisions of this chapter and provided that a special use permit
is approved by the Planning and Zoning Commission:
[Amended 10-7-2013 by Ord. No. 2013-07; 1-9-2023 by Ord. No. 2022-008]
(a)
Adult-care facilities.
(b)
Amusement game centers.
(c)
Antennas, minor.
(d)
Bars and night clubs.
(e)
Bed-and-breakfasts.
(f)
Churches or places of worship.
(g)
Convenience/mini-markets.
(h)
Drive-in uses.
(i)
Food stores.
(j)
Funeral homes.
(k)
Home occupations.
(l)
Hotels.
(m)
Inns.
(n)
Medical clinics.
(o)
Parking lots, public and private.
(p)
Parking structures.
(q)
Public utility systems.
(r)
Recreation areas, private.
(s)
Research laboratories.
(t)
Self-service laundries.
(u)
Swimming pools.
(v)
Government uses, nonlocal.
C.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
A.
Intent. The intent of the C-1 Commercial and Business
Use District is to delineate areas in the Town that are currently
used or are appropriate for general commercial or business uses that
provide a range of retail and personal services in order to fulfill
recurring needs of residents and visitors and by the nature or scale
of the operations permitted and careful site planning are compatible
with adjoining commercial and residential areas.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Permitted uses. Within the C-1 Commercial and Business
Use District, permitted principal, accessory and special uses shall
be as specified in the following sections.
(1)
Permitted principal uses.
[Amended 1-9-2023 by Ord. No. 2022-008]
(a)
Adult-care facilities.
(b)
Agricultural uses.
(c)
Amusement centers.
(d)
Banks and financial institutions.
(e)
Car washes.
(f)
Churches or places of worship.
(g)
Colleges and institutions of higher education.
(h)
Day-care centers.
(i)
Dwelling, single-family detached and dwelling,
single-family, semidetached.
(j)
Drive-in uses.
(l)
Fabrication, extraction, assembly and other
handling of material, including offices and showrooms.
(n)
Funeral homes.
(o)
General merchandise stores, including but not
limited to:
(p)
General business office uses.
(q)
Government uses.
(r)
Greenhouses.
(s)
Hospitals.
(t)
Hotels and motels.
(u)
Inns.
(v)
Libraries.
(w)
Medical clinics.
(x)
Museums.
(y)
Newspaper and publishing facilities.
(z)
Nonprofit membership clubs.
(aa)
Nursery schools.
(bb)
Nursing and convalescent homes.
(dd)
Photographic studios.
(ee)
Professional offices.
(ff)
Public parks and recreational uses.
(gg)
Research laboratories.
(hh)
Recreation areas, private.
(kk)
Public and private schools.
(ll)
Theaters.
(mm)
Veterinary hospitals.
(nn)
Warehousing and wholesale and retail distribution
centers including offices and showrooms.
(2)
Permitted accessory uses, buildings and structures.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
Special permitted uses. The following uses may be
permitted in the C-1 General Commercial Use District consistent with
the provisions of this chapter and provided that a special use permit
is approved by the Planning and Zoning Commission:
(a)
Bars and nightclubs.
(b)
Bed-and-breakfasts.
(c)
Cemeteries.
(d)
Contractor yard.
(e)
Dwelling units above first-floor businesses.
(f)
Home occupation.
(g)
Garage service and repair uses.
(h)
Gasoline filling stations.
(i)
Gasoline/convenience/mini-markets.
(j)
Parking lots, public.
(k)
Parking structure.
(l)
Golf courses.
(m)
Mining and quarrying.
(n)
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
(o)
Retail businesses and commercial uses other
than those listed above.
(p)
Self-service storage facilities.
(q)
Trucking terminal.
(r)
Registered compassion center.
[Added 1-9-2023 by Ord. No. 2022-008]
C.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
A.
Intent. The intent of the Marine Resources Use District
established in this section is to recognize the unique role that the
Broadkill River and its waterfront areas have played in the formation,
growth and life of the Town of Milton. The intent of this district
is:
[Amended 7-6-2020 by Ord. No. 2020-004; 1-9-2023 by Ord. No. 2022-008]
(1)
To provide for a compatible mixture of waterfront-related
uses, including recreational, park, open space and boating uses;
(2)
To encourage appropriate and environmentally sensitive
land development, including the utilization of land and buildings
and the adaptive reuse of existing structures, that is in harmony
with the conservation of the district's general recreational and open
space character and the historic environmental areas adjacent to the
river;
(3)
To recognize the sensitivity of the unique waterfront
environment and reinforce appropriate safeguards to protect the area
from periodic flooding, soil erosion, sedimentation and slope failure
due to unregulated construction, removal of vegetation, dredging,
filling, damming, construction of unnecessary bulkheads, or channelization;
(4)
To further protect scenic views of the river;
(5)
To encourage public access to the river; and
(6)
To
protect and create buffers along the waterways while promoting responsible
development of upland portions of the lot.
B.
Permitted uses. Within the M-R Use District, permitted
principal, accessory and special uses shall be as specified as follows:
[Amended 7-6-2020 by Ord. No. 2020-004]
(1)
Permitted principal uses.
(a)
Agricultural uses.
(b)
Antique and craft shops.
(c)
Art galleries.
(d)
Boat docks, slips, piers, etc.
(e)
Watercraft sales, rentals and storage, etc.
(f)
Dwelling, single-family detached and dwelling,
single-family semidetached.
[Amended 1-9-2023 by Ord. No. 2022-008]
(g)
Marine and yacht clubs.
(h)
Nonprofit membership clubs.
(i)
Public parks and recreational uses.
(j)
Restaurants, standard and high turnover.
[Amended 1-9-2023 by Ord. No. 2022-008]
(k)
Churches or places of worship.
(l)
Government uses, local.
[Added 1-9-2023 by Ord. No. 2022-008]
(3)
Special permitted uses. The following uses may be
permitted in the M-R Use District consistent with the provisions of
this chapter and provided that a special use permit is approved by
the Planning and Zoning Commission:
(a)
Antennas.
[Amended 1-9-2023 by Ord. No. 2022-008]
(b)
Aquarium, commercial.
(c)
Towers.
[Amended 1-9-2023 by Ord. No. 2022-008]
(d)
Bed-and-breakfasts.
(e)
Colleges and educational institutions.
(f)
Dwelling units above first-floor business.
(g)
Fabrication, maintenance and repair of watercraft.
(h)
Golf courses.
(i)
Government uses, nonlocal.
[Amended 1-9-2023 by Ord. No. 2022-008]
(j)
Home occupation.
(k)
Inns.
(l)
Hunting and Fishing supply sales.
(m)
Marine research facilities.
(n)
Marine fueling facilities.
(o)
Museums.
(p)
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
C.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, located as part of this chapter.
[Amended 7-6-2020 by Ord. No. 2020-004]
A.
Intent. The intent of the LI-1 Light Industrial Use District is to delineate areas that are used for and suited for limited types of manufacturing and industrial uses that are compatible with adjacent residential and other uses and are permitted by special permit. These types of uses include light manufacturing, distribution, wholesaling, research and testing, warehousing, and processing or other uses that contribute jobs and tax base to the economy of the region, are compatible with nonindustrial neighboring uses and are consistent with the standards described in Article VII.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Permitted uses. Within the LI-1 Use District, permitted
principal, accessory and special uses shall be as specified in the
following sections.
(1)
Permitted uses.
(a)
Beverage blending, distilling, bottling, etc.
(b)
Contractor yards and equipment.
(c)
Drive-in uses.
(d)
Dry-cleaning businesses.
(e)
Fabrication, extraction, assembly and other
handling of material.
(f)
General business offices.
(g)
Greenhouses.
(h)
Manufacturing of medical, dental, or drafting
equipment.
[Amended 1-9-2023 by Ord. No. 2022-008]
(i)
Newspaper and publishing facilities.
(j)
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
(k)
Repair shops, nonvehicle.
(l)
Self-service storage facilities.
(m)
Trucking terminals.
(n)
Vehicle rental facilities.
(o)
Professional offices.
[Added 5-9-2008 by Ord. No. 2008-0004]
(p)
Medical clinics.
[Added 5-9-2008 by Ord. No. 2008-0004]
(q)
Government uses, local.
[Added 1-9-2023 by Ord. No. 2022-008]
(3)
Special permitted uses. Within the LI-1 Use District,
special permitted and accessory uses shall be as specified in the
following sections.
(a)
Agricultural processing, storage and service
facilities.
(b)
Antennas and towers.
(c)
Banks.
(d)
Car washes.
(e)
Garage, service and repair uses.
(f)
Government uses, nonlocal.
[Amended 1-9-2023 by Ord. No. 2022-008]
(g)
Mining and quarrying.
(h)
Parking lots, private.
(i)
Public parks and recreational uses.
(j)
Research laboratories.
(k)
Vehicle repair.
C.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
[Added 10-5-2020 by Ord.
No. 2020-003]
A.
Intent. The intent of the LLI-1 Limited Light Industrial Use District
is to:
(1)
Delineate areas that are used for and suited for limited types of clean industrial uses compatible with adjacent residential and selected uses that are permitted by special permit. These types of uses include selected light manufacturing, distribution; wholesaling; research and testing; warehousing; processing; and other uses that contribute jobs and tax base to the economy of the Town of Milton, are compatible with nonindustrial neighboring uses, and are consistent with standards described in Article VII of this chapter;
(2)
Provide locations for the development of clean, light-intensity
industrial, office, warehouse, wholesale, and research establishments
to be compatible with a neighboring residential zone, and appropriately
located for access by arterial and collector roadways, where all lots
shall be used only for limited light manufacturing and other permitted
uses as described within this section;
(3)
Provide for performance standards and site design requirements
that would control and confine offensive features such as noise, vibration,
heat, smoke, glare, dust, odors, light, and storage; and
(4)
Provide employment opportunities close to places of residence
with corresponding reduction of travel time from home to work.
B.
Permitted uses. Within the LLI-1 Limited Light Industrial Use District,
permitted principal, accessory, and special uses are specified in
the following sections.
(1)
Permitted principal uses.
(a)
General business and professional offices.
(b)
Greenhouses.
(c)
Newspaper, printing and publishing facilities.
(d)
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
(e)
Repair shop, personal service; not garage, service/repair.
(f)
Self-service storage facilities.
(g)
Medical clinics.
(h)
Manufacturing of boats, electrical appliances, and wood products.
(i)
Manufacturing of rugs, mattresses, pillows, clothing, fabrics,
and textiles.
(j)
Manufacturing of furniture, baskets, and similar products.
(k)
Banks and financial institutions.
(l)
Bakery operations.
(m)
Millwork and lumberyards.
(n)
Emergency uses, e.g., police, fire and rescue.
(o)
Packing of previously prepared materials (excluding food/animal
items).
(p)
Industrial and technical training schools.
(q)
HVAC, plumbing manufacturing and storage.
(r)
Sign fabrication.
(s)
Warehouses.
(t)
Wholesale store, business or establishment.
(u)
Artisans and craft work.
(v)
Retail display rooms.
(w)
Contractor's yards.
(x)
Fabrication, extraction, assembly, and other handling of nonhazardous
materials.
(y)
Solar collector farms.
(z)
Churches or places of worship.
(aa)
Government uses, local.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
Special permitted uses. The following uses may be permitted
in the LLI-1 Limited Light Industrial Use District consistent with
the provisions of this chapter and provided that a special use permit
is approved by the Planning and Zoning Commission:
(a)
Antennas and towers.
(b)
Car washes.
(c)
Manufacturing of medical, dental, optical, drafting, and other materials, equipment, and products not permitted under Subsection B(1) of this section.
[Amended 1-9-2023 by Ord. No. 2022-008]
(d)
Garages, service/repair.
(e)
Public parks and recreational areas.
(f)
Research and testing in medical laboratories (excluding live
animals).
(g)
Radio, TV, cable broadcasting facilities.
(h)
Vehicle rental facilities.
(i)
Government uses, nonlocal.
[Added 1-9-2023 by Ord. No. 2022-008]
(4)
Special permitted accessory uses. An accessory use, if found necessary, can be drawn from the list of permitted principal uses or list of prohibited uses in this § 220-19.1 or can relate to new uses if consistent with the other provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission.
C.
Prohibited uses. The following uses are incompatible with the LLI-1
Limited Light Industrial Use District and are specifically prohibited.
(1)
Beverage blending and bottling.
(2)
Compounding of cosmetics, toiletries, drugs or pharmaceuticals.
(3)
Trucking terminal.
(4)
Residential dwellings of all types.
(5)
Gasoline filling stations.
(6)
Asphalt or concrete batching plants.
(7)
Kennels.
(8)
Sawmills.
(9)
Bulk or bagged building material storage or sale.
(10)
Dairy operations.
(11)
Livery stables and riding academies.
(12)
Raising of animals.
(13)
Processing, packing, storing, rendering or slaughtering of animals.
(14)
Blending or storing of insecticides, disinfectants, industrial
or household chemicals, and similar hazardous materials.
[Amended 1-9-2023 by Ord. No. 2022-008]
(15)
Processing or manufacturing of rubber products, including tire
recapping.
(16)
Restaurants.
[Amended 1-9-2023 by Ord. No. 2022-008]
(17)
Trailer and truck body assembly.
(18)
Junkyards and recycling centers for any materials.
(19)
Dumping, disposal, and incineration of garbage, sewage or dead
animals.
(20)
Refining or smelting operations.
(21)
Vehicle sales areas and storage of new and used vehicles.
(22)
Personal service establishments, e.g., barber shops and beauty
shops.
(23)
Dry cleaning, commercial.
(24)
Commercial parking lots or garages.
D.
Area and bulk regulations; density control.
(1)
The LLI-1 Limited Light Industrial Use District is subject to the area and bulk regulations in Article V of this chapter.
(2)
In addition, each business or use within an industrial/business
park shall comply with the following:
(a)
The minimum size is one acre or 43,560 square feet.
(b)
There shall only be one principal structure and one principal
use.
(c)
Maximum coverage for principal building and all accessory buildings
is 60%.
(e)
For any property line abutting a residential zone, a landscape buffer of at least 100 feet is required, as described in Subsection E(2)(a)[1] of this section. No structure other than fences shall be erected within the buffer zone that must be created before any other construction commences, unless otherwise approved by the Planning and Zoning Commission in the site plan review process.
[Amended 1-9-2023 by Ord. No. 2022-008]
E.
Site plan review.
(1)
Site plan review and approval shall be required for all uses within the LLI-1 Limited Light Industrial Use District in accordance with Article VI of this chapter.
(2)
In addition, the site plan shall include the following:
(a)
In addition to § 220-54 of this chapter, landscaping shall comply with the following:
[1]
Within the buffer area required under Subsection D of this section:
[a]
The landscaping individually or in combination
with a berm shall be of an initial height not less than 6.5 feet,
and dense enough to screen any commercial or industrial activities
that may occur from view on the adjacent residentially zoned lots.
[b]
Buffer area plantings shall fill an area of at
least 25 feet within a reasonable amount of time period, weather permitting,
as deemed appropriate by the Planning and Zoning Commission during
the site plan review.
[2]
The landscape design or plan shall show typical
placement and types of planting for the area immediately surrounding
the main building and any other structures.
[3]
Landscaping shall be placed in all unpaved areas
not used for the structures, parking, loading, or storage.
[4]
Each property owner, occupant, and lessee shall
maintain all landscaping according to the standards of the Town of
Milton Code.
[5]
The Planning and Zoning Commission may specify
or suggest plantings in the site plan review process.
[6]
All landscaping shall be installed according to
the approved site plan no later than 90 days after the issuance of
a certificate of occupancy, weather permitting.
[7]
A maintenance bond equal to 125% of the value of
the plantings shall be in place for 18 months after notice of completion
of said plantings is submitted to the Town Project Coordinator.
(b)
Lighting plan.
[1]
An exterior lighting plan, including the structures
and the areas for parking, loading or unloading areas, shall be submitted
as part of the site plan.
[2]
The lighting plan shall include the type and location
of each lighting fixture and identify lighted areas by showing where
the light from each fixture will be on the ground/plan-a photometric
distribution line.
[3]
Lighting shall not overlap, shine onto any adjacent
property, or be of a type or design that produces any light upward
beyond minimal light.
[4]
The maximum height of any freestanding light, whether
pole or stanchion, shall be 25 feet, including fixture.
(d)
Off-street parking requirements.
[2]
In addition, each use shall provide a sufficient
number of parking spaces in the appropriate and approved location,
so that no driveway, aisle, fire lane, or street right- of-way is
used at any time for parking.
(e)
Loading and unloading requirements.
[2]
In addition, all loading and unloading shall take
place in the locations designated on the site plan and shall be located
so that any vehicle maneuvering into a load/unload location does not
interfere with any parking space, driveway, fire lane or street right-of-
way.
[3]
All load/unload locations shall be paved according
to this chapter prior to issuance of a certificate of occupancy.
[4]
No vehicle shall be permitted to idle its engine
during the process of loading or unloading.
(f)
Construction of buildings and other structures.
[2]
Unless equivalent materials are approved during
the site plan process:
(g)
Screening and fencing.
[1]
Screening of service containers and waste disposal
areas shall be included and shall identify the specific location and
type of screening.
[2]
The maximum height of all screening and fencing
shall be eight feet.
[3]
Fences may be constructed of metal, plastic (PVC),
or other materials approved in the site plan process but shall not
be constructed of wood.
[4]
All fencing on a lot shall have a uniform and durable
character and shall be properly maintained.
(h)
Utilities placement and design.
F.
No outside assembly, manufacturing, or storage.
(1)
No assembly, manufacturing, fabrication, extraction, packing,
millwork, or repairs shall occur except in a fully enclosed building.
(2)
Neither raw materials nor finished product shall be stored outside;
all storage of these items shall be within a fully enclosed building.
(3)
No materials shall be stored in any area on a site except inside
a closed building or behind a visual barrier that screens the view
from public streets, service roads, and all adjacent property, including
those materials in active use by a contractor in a contractor's yard.
(4)
No trailer or shipping container shall be used for storage purposes
on any lot.
(5)
Vehicles associated with or utilized by the use may be stored
on-site overnight, provided these vehicles are not visible from any
adjacent property, and all security lighting meets the lighting standards
provided for in this section; however, no such stored vehicle shall
exceed 24 feet in length.
G.
Nuisance control. No use in the LLI-1 Limited Light Industrial Use District shall violate the prohibitions in § 220-22, § 220-8F, or the more specific regulations in this subsection. Where a conflict exists between any of the provisions, the most restrictive provision shall control.
(1)
Noise.
(a)
No use or activity shall produce a noise or sound that is objectionable
because of its volume, duration, frequency or shrillness.
(b)
The regulations governing the control of noise in 7 Del. Admin.
C. § 1149, as amended, are hereby adopted and incorporated
by reference as if fully set out herein and shall be controlling for
the purposes of this district.
(2)
Fumes and smoke.
(a)
No operation, storage of material, or use shall be permitted,
or maintained, that affects any adjacent site or property by emitting
noxious, toxic or corrosive fumes or gases.
(b)
No smoke shall be emitted when the shade of such smoke is darker
than No. 2 on the Ringelmann Scale for Grading the Density of Smoke
published by the United States Bureau of Mines.
(c)
Air discharges at any venting pipe, stacks or windows shall
contain no air contaminants that would require a permit for discharge
from a governmental agency without the applicable permit.
(3)
Odors. No use or activity shall produce odor or emissions that
are detectable beyond the boundary of the property of origin and are
objectionable because of continuity, regularity, or frequency.
(4)
Dirt and dust. During the normal operation of any use, no unnecessary
dirt or dust shall be created, nor shall be allowed to escape to an
adjacent property.
(5)
Exemptions. Activities related to public or private construction
or maintenance work, agriculture, timber harvesting, emergency warning
devices, or other similar short-term or temporary activities may be
administratively exempted from the more specific requirements of this
subsection if the Town Code Enforcement Officer determines there is
sufficient reason to do so. In making that determination the Town
Code Enforcement Officer may place reasonable conditions (such as
time limitations and hours of operation) on such an exemption.
A.
Intent. The purpose of this district is to develop
new and redevelop older neighborhoods that reflect the urban design
and scale of the Town of Milton. The LPD District provides for design
ingenuity while protecting existing and future developments. In order
to encourage large-scale developments as a means of creating a superior
living environment, the LPD District shall encourage the following:
(1)
Special and historic relationship with the Town. Awareness
of and appreciation for the connection between man-made and natural
environments necessitates the protection of public open spaces, wetlands,
ponds, tree canopy, and unique vegetation in the district.
[Amended 1-9-2023 by Ord. No. 2022-008]
(2)
Community of diversity. Diversity is achieved by mixing
a variety of housing and building types and uses, architectural styles
and dwelling unit densities and ranges of affordability within neighborhoods,
while maintaining the principles of good design. The scale and style
of the existing Town of Milton is to be evident in the planning of
new LPD communities.
(3)
Human Town scale and neighborhood interaction. To
create pedestrian accessways in neighborhoods where there are places
that can be reached by walking, such as parks, churches and convenience
shops, and safe places to walk, such as sidewalks and pedestrian corridors.
Connections to create networks of pedestrian accessways to existing
streets and neighborhoods is beneficial to provide integration with
the Town of Milton. Appropriately proportioned streets, shallow setbacks,
front porches, open yards, sidewalks, street trees, sidewalk furniture
and places for people to gather, such as parks and playgrounds promote
neighborhood interaction.
[Amended 1-9-2023 by Ord. No. 2022-008]
(4)
Busy days and quiet nights. Neighborhood business,
commercial and institutional uses should be limited in size and intensity
so as to enhance a predominantly residential neighborhood.
B.
Permitted principal uses.
(1)
Dwelling, single-family detached.
[Amended 1-9-2023 by Ord. No. 2022-008]
(2)
Dwelling, single-family semidetached.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
Dwelling, multiple-family, including townhouses and
apartments.
[Amended 1-9-2023 by Ord. No. 2022-008]
(4)
Mixed residential and business uses in the same building.
(5)
Government uses, social, civic, or charitable organization
meeting halls and offices.
[Amended 1-9-2023 by Ord. No. 2022-008]
(6)
Churches.
(7)
Public or private schools.
(8)
Parks, playgrounds, athletic recreation facilities,
noncommercial swimming pools and community centers.
(9)
Fire stations.
(10)
Libraries or museums.
(11)
Bed-and-breakfasts/inns.
(12)
Day-care centers, day nurseries and preschool
centers.
(13)
Continuing care, assisted living and retirement
uses that provide a combination of living accommodations for older
adults, generally 55 years of age and older, together with a "continuum
of care," i.e., care that progresses or increases as the needs of
the individual resident increase.
[Amended 1-9-2023 by Ord. No. 2022-008]
(14)
Educational and cultural uses that enrich and
benefit the residents of the Town of Milton through:
[Amended 1-9-2023 by Ord. No. 2022-008]
(15)
Commercial and neighborhood business uses of
convenience and necessity to the development as a whole; such uses
and accessory off-street parking and loading spaces incident to such
commercial uses not to exceed one acre for each 50 dwelling units
in the planned LPD.[1]
[1]
Editor's Note: Former Subsection B(16), Townhouses, was repealed 1-9-2023 by Ord. No. 2022-008.
C.
Permitted accessory uses, buildings and structures.
D.
Superimposed district. To enable the LPD to operate
in harmony with the plan for land use within the Town of Milton Land
Use Plan, the LPD District is created as a special district to be
superimposed on other districts contained in this chapter and is to
be so designated by a special symbol for its boundaries on the Official
Zoning District Map.
E.
Minimum district area. The minimum area for an LPD
District shall be 25 acres.
F.
Concurrent establishment of other districts. An application
for approval of an LPD District may show and be processed concurrently
with separate applications for establishment of any other district
established by this chapter, in accordance with the regulations which
apply to those districts.
G.
Master plan submission.
(1)
An applicant for the LPD District shall submit a master
plan to the Milton Planning and Zoning Commission and the Town of
Milton Town Council for approval; this plan shall include the following:
(a)
The total number of dwelling units.
(b)
Parking requirements for each housing type.
(c)
Accessory building requirements.
(d)
Height, area and bulk requirements related to
each proposed land use.
(e)
Proposed landscaping.
(f)
Proposed sidewalks, multipurpose or recreational
paths, and trails.
[Amended 1-9-2023 by Ord. No. 2022-008]
(g)
Proposed streetlighting.
(h)
Signage.
(i)
Open space.
(j)
Recreation facilities.
(k)
Trash containment.
(l)
Streets, alleys, and their right-of-way dimensions.
[Added 1-9-2023 by Ord. No. 2022-008]
(2)
The Planning and Zoning Commission and the Town of
Milton Town Council shall review the conformity of the proposed development
with the standards of the Milton Comprehensive Plan and recognized
principles of land use planning and landscape architecture.
(3)
The minimum lot and yard requirements and maximum
height requirements of the zoning district where the LPD is located
need not apply, except that the Town shall ensure an appropriate relationship
between proposed land uses and existing land uses near the boundaries
of the proposed LPD District.
[Amended 1-9-2023 by Ord. No. 2022-008]
(4)
The Planning and Zoning Commission and the Town Council
may impose conditions regarding the layout and design of the proposed
development to assure compliance with the development plan presented
by the applicant.
H.
Procedure for master plan approval.
(1)
A preliminary master plan shall be subject to a public
hearing by the Planning and Zoning Commission at a public noticed
meeting upon direction of the Town Council. The Town Council shall
review the recommendations from the Planning and Zoning Commission.
When a preliminary master plan is approved by the Town Council, it
shall be returned to the Planning and Zoning Commission pending preparation
of the final master plan by the applicant. A final master plan incorporating
all of the requirements, amendments and conditions of the Town Council
shall be reviewed by the Planning and Zoning Commission and shall
be placed on record after such approval.
[Amended 1-9-2023 by Ord. No. 2022-008]
(2)
No public hearing shall be required for approval of
amendments to the record master plan unless changes proposed significantly
alter a provision of the approved record master plan.
I.
Prohibited uses. In an LPD Large Parcel Development
District, any use not permitted shall be prohibited. Specifically
prohibited are:
(1)
Business uses with bulk storage of hazardous materials.
J.
Ownership. The land in an LPD Large Parcel Development
District need not be under single ownership; provided, however that
proper assurances are given through the procedures contained in this
chapter that the project can be successfully completed.
K.
Schedule of construction. Before the approval of the
LPD Large Parcel Development District, the Town may request a sequence
and schedule of construction from the applicant.
L.
Additional land area. If, after approval and recording
of the master 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 Planning and Zoning Commission
for purpose of reviewing the additional land. If an application is
filed, the procedural requirements shall be as for all other LPD Large
Parcel Development districts and shall be considered as the establishment
of a new and separate district.
[Amended 1-9-2023 by Ord. No. 2022-008]
M.
Minimum lot area and width. The minimum lot area and
minimum lot width of detached single-family dwelling lots shall be
no less than 5,000 square feet and no less than 50 feet wide. The
minimum lot area and minimum lot width of lots for semidetached single-family
dwellings shall be no less than 3,000 square feet and no less than
30 feet wide. The minimum lot area and minimum lot width of lots for
townhouses shall be no less than 2,500 square feet and no less than
20 feet wide.
[Amended 1-9-2023 by Ord. No. 2022-008]
N.
Number of dwelling units permitted. The maximum number
of dwelling units permitted shall be determined by dividing the net
development area (total acreage) by the minimum lot area per dwelling
unit required by the district or districts where the area is located.
Net development area shall be determined by subtracting the area set
aside for state wetlands and 25% of the remainder for streets or the
actual area for 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 dwelling units permitted.
[Amended 1-9-2023 by Ord. No. 2022-008]
O.
Requirements regarding parking, streets, alleys and
driveways. Design of parking areas, streets, alleys and driveways
intended to be dedicated to the Town of Milton shall meet the minimum
construction requirements of the Town of Milton with respect to right-of-way,
horizontal and vertical curvature, pavement section, material and
tabulation of structural numbers.
[Amended 1-9-2023 by Ord. No. 2022-008]
P.
Modification of development standards.
(1)
The Planning and Zoning Commission, using the Large
Parcel Development District, may recommend that the following development
standards be modified. The recommendation for approval shall be forwarded
to Town Council for consideration and final approval, denial or modification:
(2)
Basis for approval of alternative development standards. Approval of alternative development standards using the Large Parcel Development District differs from the variance procedure described in Article XI of this chapter in that rather than being based upon a hardship or unusual circumstance related to a specific property, the approval of alternative development standards proposed by a large parcel development shall be based upon the criteria listed in this section. In evaluating a large parcel development that proposes to modify the development standards, the Planning and Zoning Commission shall consider and base its findings upon the ability of the proposal to satisfy the following criteria:
[Amended 1-9-2023 by Ord. No. 2022-008]
(a)
The proposed planned development's compatibility
with surrounding properties, especially related to:
[1]
Landscaping and buffering of buildings, parking,
loading and storage areas;
[2]
Public safety;
[3]
Site access, on-site circulation and off-street
parking;
[4]
Light and shadow impacts;
[5]
Number, size and location of signs;
[6]
Generation of nuisance irritants such as noise,
smoke, dust, odor, glare, vibration or other undesirable impacts;
[7]
Architectural design of buildings and harmonious
use of materials.
(b)
The unique characteristics of the subject property;
(c)
The unique characteristics of the proposed use(s);
(d)
The arrangement of buildings and open spaces
as they relate to various uses within or adjacent to the planned development;
(e)
Visual impact of the planned development upon
the surrounding area;
(f)
Public improvements proposed in connection with
the planned development;
(g)
Preservation of unique natural features of the
property;
(h)
The public benefit derived by allowing the proposed
alteration of development standards.
[Amended 8-4-2007 by Ord. No. 2007-0001; 9-4-2007 by Ord. No. 2007-0008; 12-7-2009; 7-2-2012 by Ord. No. 2012-05; 5-7-2014 by Ord. No. 2014-04; 6-5-2017 by Ord. No. 2017-003]
The Town of Milton's HP-OD includes a large National Register
Historic District placed on the National Register of Historic Places
in 1982. The Town of Milton is a Delaware Certified Local Government.
The following code enforces a Zoning Ordinance for the designation
and protection of historic properties located within the HP-OD.
A.
Intent. These regulations are applicable to real property and improvements within the Residential (Historic), Commercial (Historic) and Town Center (Historic) Zoning Districts, hereafter referred to as the "Historic Preservation Overlay District (HP-OD)." Because structures in the Historic District are individual in their location, size, style, and history, the Town of Milton Historic Preservation Commission will consider each property as a unique entity and make decisions according to § 220-21 of the Town Code with consideration of the Secretary of the Interior's Standards for Rehabilitation: http://www.nps.gov/tps/standards/rehabilitation/rehab/stand.htm.
B.
Purpose. The purpose of this section shall be to accomplish the following:
(1)
To assist in preserving the historic character and the cultural significance
of the Town of Milton.
(2)
To safeguard the heritage of the Town by preserving the elements
that reflect the cultural, social, economic, political or architectural
history of the Town.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
To promote the use and preservation of the values as established
by the Town of Milton Comprehensive Plan.
(4)
To recommend alteration or new construction in keeping with the National
Register historic district standards.
(5)
To recommend rehabilitation rather than demolition of contributing
structures or historic properties.
(6)
To encourage the proper maintenance, preservation and, when necessary,
alteration of structures in the Historic District.
(7)
To promote the use of the district for the education, pleasure and
welfare of Milton's citizens and visitors.
(8)
To strengthen the local economy.
C.
ADDITION
ALTERATION
ARCHITECTURAL VALUE OR SIGNIFICANCE
BUILDING
BUILDING HEIGHT, ESTABLISHED
CODE ENFORCEMENT OFFICER
COMMERCIAL STRUCTURE/SITE
CONTRIBUTING BUILDING
DEMOLITION
HISTORIC DISTRICT
HISTORIC PRESERVATION COMMISSION
HISTORIC PROPERTIES
HISTORIC VALUE OR SIGNIFICANCE
IN PUBLIC VIEW
MAINTENANCE/REPAIR
MAYOR AND TOWN COUNCIL
MIXED-USE BUILDING/STRUCTURE/SITE
NONCONTRIBUTING BUILDING/STRUCTURE
OUTBUILDING
PROJECT COORDINATOR
RHYTHM
SCALE
STREETSCAPE
STRUCTURE
VERNACULAR
Definitions. In addition to the definitions in Article II of this chapter, the following definitions shall be applicable within this district unless the context clearly indicates to the contrary:
[Amended 1-9-2023 by Ord. No. 2022-008]
Any enlargement of a structure, whether by extension on any
side, front or rear portion of the structure or by an increase in
height of the structure.
Any activity requiring a building permit, the approval of
the Town of Milton Code Department, and/or any change in the exterior
appearance (other than maintenance) or structural change, including
but not limited to construction, reconstruction, renovation, modification,
change, moving or demolition of a noncommercial structure within the
Town of Milton HP-OD.
Exists when a built structure embodies the distinctive characteristics
of a type, period or method of construction and/or represents an established
or familiar visual feature of the neighborhood, community or Town
due to its singular physical characteristic.
A combination of materials to form a construction for use
as shelter for any form of human activity.
Subject to approval by the Historic Preservation Commission
pursuant to this section, the height of any single-family dwelling
located in the Historic District and in public view may be increased
to the same height as any other existing single-family dwelling within
100 feet of the front property line, on the same side of the street
and within the same block upon confirmation by the Project Coordinator
that all applicable requirements are met. An addition to an existing
single-family structure that is located within the Historic District,
but will not be in public view, may be built to the height of the
existing structure to maintain existing rooflines and architectural
features. No structure shall exceed the height as stated in the Density
Control Table for the underlying district.
The Town official charged with enforcement of the Zoning
Ordinance. The Code Enforcement Officer is the person hired for this
purpose as an employee by the Town.
Any structure or site that is currently used primarily for
commercial activities and not primarily for residential uses.
A building that is judged to add to the Historic District's
sense of time, place, and historic development under criteria established
by the HPC, including historical significance, integrity and context.
Such structures are so designated because they meet an architectural
test (i.e., compatible with surrounding buildings, or represent an
architectural style identified with Milton's history).
Destruction, razing, commencement of the work or steps of
total or partial destruction with the purpose of completing the same;
includes any willful neglect in the maintenance and repair of a structure
that threatens to result in substantial deterioration of the exterior
features or the structural integrity of the building.
An overlay zone within the Town of Milton identified and
designated as having historic importance. The Historic District is
shown on the Town of Milton Zoning Maps as a series of zoning districts
characterized as "historic."
A Commission consisting of five to nine members recommended
by the Mayor and confirmed by the Town Council to serve a term of
three years each. A majority of the members of the HPC shall reside
within the Historic Preservation Overlay District of the Town of Milton.
Commercial and noncommercial structures and sites, public
rights-of-way or areas designated by the Town Council as having importance
in the history of the Town of Milton as listed in Appendix A. [Note:
Appendix A (List of Structures within the Historic Preservation Overlay
District) is on file in the Town offices.]
Exists when a property embodies the distinctive characteristics
of a type, period or method of construction and/or represents an established
or familiar visual feature of the neighborhood, community or Town
due to its singular physical characteristic or environmental setting.
That portion of a structure that is visible or could be visible
in the absence of a fence or landscaping, from the section of a public
right-of-way or public street. If the dwelling is located on more
than one street, then that portion of a structure that is visible
or could be visible in the absence of a fence or landscaping from
any section of a public right-of-way or public street abutting a property
line of the property on which the structure exists.
Ordinary repairs and maintenance, including design, materials,
features or finishes of a structure that do not alter the exterior
appearance of the structure and have no material effect on the historical,
archaeological or architectural significance of the structure. Paint
color is not subject to review.
The elected, or duly appointed, Mayor and members of the
Town Council of the Town of Milton, Delaware. Also known as the "Town
Council."
Any building, structure or site that is currently used for
both commercial and residential uses, including structures, sites
or unimproved land that may fall under the zoning definition of "Town
Center."
A structure that does not add to the Historic District's
sense of time, place and historic development (i.e., compatible with
surrounding buildings or represents an architectural style identified
with Milton's history) or those buildings/structures that may have
been moved from their original locations within the Historic District
to another location within the Historic District.
A term used to refer to all nonresidential structures on
a site, including any accessory structure.
The Town official responsible for assisting members of the
public with the application process before the Historic Preservation
Commission, as well as assisting the HPC with the performance of its
obligations and responsibilities as set forth in this section. The
Project Coordinator is the person hired for this purpose as an employee
by the Town.
The rhythm of a structure and its components is the spacing
or repetition of architectural elements or details. The regularity,
frequency and placement of doors, windows, porches, railings, and
ramps and their placement within a facade is a type of rhythm. Rhythm
between adjoining structures can exist when building types are repeated
along a streetscape.
Scale is the relationship of the architectural mass of the
structure in the context of the streetscape.
The visual appearance of a street formed by the location
and size of buildings, walkways, street trees, accessories, and other
facilities.
A combination of materials to form a construction for use
or ornamentation other than human shelter, including but not limited
to buildings, sheds, outbuildings listed in Appendix A, fences, mechanical
equipment, storage tanks, signs, bulkheads, jetties, groins, whether
installed on, above, or below the surface of land or water. [Note:
Appendix A (List of Historic Structures) is on file in the Town offices.]
Being of an indigenous building style using local materials
and traditional methods of construction and ornament, especially as
distinguished from academic or historical architectural styles.
D.
Historic Preservation Commission composition; qualifications; appointment.
There is hereby established a commission to be called the "Historic
Preservation Commission" (hereafter "HPC").
(1)
The HPC shall consist of five to nine members to be appointed by
the Mayor of the Town of Milton, subject to confirmation by a majority
of the members of the Town Council present and voting for a term of
three years. To the extent possible, appointments shall be made with
consideration of the diverse talents and communities represented in
Milton; consideration for appointments shall be given to residents
who possess knowledge or experience in architectural design and historic
preservation. At least a majority of members shall be residents of
and have legal or equitable title to property in the Historic District,
and all members shall be residents of and have legal or equitable
title to property in or be leaseholders of public lands within the
Town of Milton.
(2)
Vacancies on the HPC must be filled within 90 calendar days of an
expired term or receipt of a letter of resignation. The appointed
member shall reflect the geographic residency and expertise of the
member who vacated the position. The appointment shall be for the
remainder of the term of the vacating member or for the full three-year
term if the vacancy results from an expired term. The appointment
is subject to confirmation by a majority of the members of the Town
Council present and voting.
(3)
A member of the Town Council may, and the Town Project Coordinator
shall, be ex officio members of the HPC. An ex officio member may
exercise all the powers of the regular members of the HPC except that
they shall not have a vote. No ex officio member shall hold an office
on the HPC.
[Amended 1-9-2023 by Ord. No. 2022-008]
(4)
The HPC shall adopt and consistently adhere to bylaws or rules of
procedures that are publicly available and include a section prohibiting
conflicts of interest.
(5)
The HPC shall establish its own rules and procedures and describe
them in the Town of Milton Historic Preservation Bylaws and determine
the times of its meetings. All meetings and actions of the HPC shall
be open to the public except appropriate executive sessions. All records
of the HPC shall be public except those otherwise required to be confidential.
(6)
The HPC shall schedule monthly meetings. If no agenda items are available
or requested 15 working days prior to the time of the scheduled meeting,
such meeting may be cancelled. An agenda item may be withdrawn at
any time up to and including the opening of a scheduled meeting; however,
if such matter has been withdrawn prior to the meeting and it is the
only matter for that agenda, the meeting may be cancelled. HPC meetings
must occur at least four times per year.
(7)
At least once annually, all members of the HPC must make a reasonable
effort to participate in historic preservation training that may include
conferences, presentations, or workshops by preservation professionals
or the State Historic Preservation Office (SHPO). Ideally, such sessions
will be identified and scheduled by the Commission's Education Chair.
[Amended 10-4-2021 by Ord. No. 2021-007; 1-9-2023 by Ord. No. 2022-008]
(8)
HPC Chair and/or designated alternate HPC Commissioner/Town staff
review. The HPC Chair and/or alternate designated HPC Commissioner
and Town staff may approve an HPC application without a formal hearing
for projects that are estimated at less than $3,000 and do not constitute
a change to the exterior appearance of the structure, and using identical
material, including but not limited to:
[Amended 10-4-2021 by Ord. No. 2021-007; 7-3-2023 by Ord. No. 2023-005]
(a)
Repair of existing windows or doors, including storm windows.
(b)
Replacement of existing vinyl windows or doors with same design.
(c)
Repair of existing roof material.
(d)
Repair of existing roof structures, such as cupolas, dormers and
chimneys.
(e)
Repair of existing shingles, existing shutters, clapboards, or other
siding, fences, or retaining walls, corniches, fretwork, and other
decorative adornments.
E.
Procedures.
(1)
Before the construction, alteration, reconstruction, moving or demolition
of any dwelling, residence or related structures on property within
the Historic District or on historic properties not within the Historic
District that would affect the exterior appearance of a structure
visible or intended to be visible from an adjacent public way, the
owner, agent or representative proposing to construct or change shall
file with the Project Coordinator of the Town of Milton an application
for permission from the HPC to rehabilitate, construct, build, alter,
reconstruct, move, demolish or make the addition. Notation shall be
made on all work permits for the Historic District: "Historic architectural
elements shall not be removed, replaced, or altered during the act
of performing the approved replacement, rehabilitation, or repair."
Structures that have individual historic status by DOI shall be held
to the higher DOI standards.
[Amended 7-3-2023 by Ord. No. 2023-005]
(2)
The Town HPC approval/disapproval letter to applicants shall be reviewed
and signed by the HPC Secretary or designated commission alternate
prior to issuing to the applicant.
[Amended 10-4-2021 by Ord. No. 2021-007; 7-3-2023 by Ord. No. 2023-005]
(3)
Application and approval procedures for matters other than demolition.
(a)
The applicant shall apply for a building permit; if the proposed site is in the Historic District, the Project Coordinator or designee shall notify the applicant that the project must be approved by the HPC [unless the project falls under § 220-21D(8)] and shall give the applicant an HPC application with the notation: "Historic architectural elements shall not be removed, replaced or altered during the act of performing the approved replacement, rehabilitation, or repair."
[Amended 7-3-2023 by Ord. No. 2023-005]
(b)
For the initial application, the applicant shall fill out the application form provided by the Town and submit 11 copies of the documentation required in this § 220-21E(3)(b). An application is deemed complete when the items required by the Project Coordinator have been submitted. After the review process is completed and approved, the Project Coordinator will return two sets of plans to the applicant and retain the remainder for Town records.
[Amended 1-9-2023 by Ord. No. 2022-008]
[1]
A site plan, survey sealed by a professional engineer or surveyor,
if required by the Project Coordinator, identifying all existing and
new structures, required setbacks and easements.
[2]
Plan and elevation drawings of the proposed change, construction,
alteration, or modification.
[3]
A description and/or providing of samples illustrating the type
and texture of the materials to be used for the exterior.
[4]
Current photographs of the property to include front, side,
and/or rear street views if applicable.
[5]
Current photographs of adjacent and neighborhood properties,
including the streetscape of both sides of the street on which the
subject property is located.
[6]
An architectural rendering for new house construction, proposed
additions or a significant alteration of an existing structure.
(c)
The HPC will meet at regular intervals to ensure timely consideration
of all applications pending before the HPC. Completed applications
submitted to the Project Coordinator no less than two weeks (14 calendar
days) prior to a regularly scheduled meeting will be heard at that
next scheduled meeting. Applicants or their designee must attend the
HPC meeting at the time their application(s) is/are heard.
(d)
The HPC shall endeavor to arrive at a decision at the first meeting when the application is presented; however, if the HPC decides that it needs more information or time to make a decision, it shall either place the application on the agenda for the next meeting or schedule a special meeting. The HPC shall grant or deny the application as expeditiously as possible, but in no event later than the second meeting when the application is on the agenda and the applicant appears, except when the application is for demolition [see § 220-21E(4)]; failure to act within said time frame shall be deemed to be approval of the application as submitted; however, an extension may be granted if agreed to by both the applicant and the HPC.
[Amended 1-9-2023 by Ord. No. 2022-008]
[1]
If an applicant or a member of the public has information, evidence
or testimony that contradicts the current designation of contributing
or noncontributing, or has information about the history or other
information that could materially affect the decision-making process
of Commission members, the HPC shall consider that information, evidence
or testimony before addressing the application. Such information shall
be presented to the HPC as a notarized statement, or a copy of official
document(s), and shall be made available to the Project Coordinator,
the HPC, and applicant at least five working days before the scheduled
meeting.
[2]
If the members of the HPC, by simple majority vote of the Commissioners
present, determine that additional time is needed to digest the new
information, the decision will be postponed for one meeting and the
requirement for a decision at the end of the second meeting when the
application is considered shall be suspended.
(e)
If, after review of the application by the Project Coordinator,
it is determined that the proposed activity will require a variance,
the Project Coordinator shall notify the applicant and provide information
on the process for application to the Board of Adjustment, forward
the application to the Historic Preservation Commission, and shall
schedule a conceptual review between the applicant and the HPC. The
purpose of concept review is to allow the applicant to review input
from the HPC prior to the Board of Adjustment process. If no application
to the Board of Adjustment is made by the applicant within 30 days
after the conceptual review, the application to the HPC shall be deemed
to have been withdrawn.
[Amended 5-6-2019 by Ord.
No. 2019-004; 1-9-2023 by Ord. No. 2022-008]
(f)
The HPC may either grant approval, grant approval with conditions, or deny the application. The HPC approval/disapproval letter to applicants shall include the reasons that the proposal does not meet the criteria § 220-21F, Criteria, and § 220-21G, Standards. The approval/disapproval letter will be reviewed and signed by the HPC Chair or the Secretary or designated HPC alternate prior to issuing to the applicant. The applicant shall have the opportunity to resubmit the application with modifications; such resubmissions shall meet the same requirements as the original. If the second submission of the application is denied, the applicant may either modify the application for another submission or appeal the denial to the Board of Adjustment. In no event may the HPC make recommendations for changes that will require violation of other requirements of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008; 7-3-2023 by Ord. No. 2023-005]
(g)
Written notice of the decision of the HPC will be forwarded
promptly by the Project Coordinator to the applicant. The notice will
inform the applicant to meet with the Project Coordinator to complete
the application for a building permit. Approval shall be valid for
one year for the approved project; if the project is commenced but
not completed before the end of that period, the owner shall apply
to the Project Coordinator for an extension that may not exceed an
additional period of one year, unless there are special circumstances,
in which case, the owner may apply to the HPC for an extension.
(h)
Substantive changes to the HPC-approved project prior to or
during construction shall require review and approval by the HPC.
For such changes, the applicant shall submit one copy of the original
application and a description of the proposed changes, as well as
any supporting documentation to illustrate the effect of such proposed
changes or lack thereof. Consideration of such changes shall be placed
at the top of the HPC's agenda at the next regularly scheduled meeting.
[Amended 1-9-2023 by Ord. No. 2022-008]
(i)
No reapplication for essentially the same purpose shall be reviewed
by the HPC within one year of denial of any application hereunder,
except in cases where the applicant purports to be in compliance with
the conditions of approval set forth by the HPC in an earlier application
denial.
(4)
Demolition or removal. When the application is for demolition of
all or part of a structure, a report from a licensed structural engineer
shall be required. No demolition or removal of any structure from
the premises may take place until after an initial meeting with the
HPC and a subsequent public hearing. Presentation of a conceptual
plan for reuse of the property shall be required prior to the approval
to move and/or demolish the structure. Efforts may be taken to either
mitigate or eliminate the demolition or removal through informal discussions
among the applicant, an HPC Commissioner and the Town Project Coordinator.
In addition, the HPC may delay its final decision for up to an additional
60 days over and above the usual two-meeting requirement for a decision
to obtain an independent opinion from a licensed professional engineer
regarding the structural integrity of the property. A final decision
on demolition or removal must be rendered no later than 120 days after
the initial application, unless delayed by federal, state or local
holidays, severe weather or other natural disasters, emergencies,
or unless an extension is agreed to by the applicant and the HPC.
[Amended 1-9-2023 by Ord. No. 2022-008]
(a)
Approved demolition must be done within 45 days of when the
party is granted the final required permit for the demolition. The
party would have a one-time option to renew this permit with the Town
for another 45 days if the demolition could not be done within the
first forty-five-day period.
(5)
Interior features. The HPC shall consider only exterior features
and shall not consider interior arrangements except to the extent
that an interior alteration affecting the exterior is required by
law or disability of owner or tenant.
(7)
Antennas, towers, microwave dishes and satellite dishes. Any antenna, tower, microwave dish or satellite dish for residences within this district, or included on or eligible for inclusion on, the National Register of Historic Places shall only be located in rear yards or, if not visible from the street level along the entirety of the front lot line, within side yards. All reasonable efforts shall be made to limit or eliminate the visual impact on the adjoining properties, such as screening by landscaping. Notwithstanding Article IX of this chapter, all properties subject to this subsection shall come into compliance within 18 months of the date of this subsection's passage.
[Amended 1-9-2023 by Ord. No. 2022-008]
(8)
Designation of historic sites. Owner(s) of properties outside of
the boundaries of the Historic Preservation Overlay District (HP-OD)
may request that their property be designated as a Town of Milton
historic property. Before any designation may be assigned, specific
procedures, in compliance with Local Certified Government guidelines,
information required and recordation procedures and requirements shall
have been determined. Such procedures shall include reference to the
guidelines of the United States Department of the Interior (National
Register Bulletin 15, "How to Apply the National Register Criteria
for Evaluation"); also see HPC bylaws and procedures. When considering
a site for inclusion, the HPC will take into consideration the following
seven aspects:
[Amended 1-9-2023 by Ord. No. 2022-008]
(a)
Location. Location is the place where the historic property
was constructed or the place where the historic event occurred. The
relationship between the property and its location is often important
to understanding why the property was created or why something happened.
The actual location of an historic property, complemented by its setting,
is particularly important in capturing the sense of historic events
and persons. The relationship between a property and its historic
associations is usually destroyed if the property is moved. However,
there are certain circumstances where moved buildings can retain their
local status even if moved.
(b)
Design.
[1]
Design is the combination of elements that create the form,
plan, space, structure and style of a property. It results from conscious
decisions made during the original conception planning of a property
(or its significant alteration) and applies to activities as diverse
as community planning, engineering, architecture and landscape architecture.
Design includes such elements as organization of space, proportion,
scale, technology, ornamentation, and materials. A property's design
reflects historic functions and technologies as well as aesthetics.
It includes such considerations as the structural system; massing;
arrangement of spaces; pattern of fenestration; textures and color
of surface materials; type, amount, and style of ornamental detailing;
and arrangement and type of plantings in the design and landscape.
[2]
Design can apply to districts whether they are important primarily
for historic association, architectural value, information potential,
or a combination thereof. For districts significant primarily for
historic association or architectural value, design concerns more
than just the individual buildings or structures located within the
boundaries. It also applies to the way buildings, sites, or structures
are related: for example, spatial relationships between major features;
visual rhythms in a streetscape or landscape plantings; the layout
and materials of walkways and roads; and the relationship of other
features, such as statues, water fountains, and archaeological sites.
(c)
Setting.
[1]
Setting is the physical environment of historic property. Whereas
location refers to the specific setting where a property was built
or an event occurred, setting refers to the character of the place
where the property played its historical role. It involves how, not
just where, the property is situated and its relationship to surrounding
features and open space. Setting often reflects the basic physical
conditions under which a property was built and the functions it was
intended to serve. In addition, the way in which a property is positioned
in its environment can reflect the designer's concept of nature and
aesthetic preferences.
[2]
The physical features that constitute the setting of historic
property can either be natural or man-made, including such elements
as:
[3]
These features and their relationships should be examined not
only within the exact boundaries of the property, but also between
the property and its surroundings. This is particularly important
for districts.
(d)
Materials. Materials are the physical elements that were combined
or deposited during a particular period of time in a particular pattern
configuration to form a historic property. The choice and combination
of materials reveal the preferences of those who created the property
and indicate the availability of particular types of materials and
technologies. Indigenous materials are often the focus of regional
building traditions and thereby help define an area's sense of time
and place. A property must retain the key exterior materials dating
from the period of its historic significance. If the property has
been rehabilitated, the historic materials and significant features
must have been preserved. The property must also be an actual historic
resource, not a re-creation. Likewise, a property whose historic features
and materials have been lost and then reconstructed is usually not
eligible.
(e)
Workmanship. Workmanship is the physical evidence of the crest
of a particular culture or people during any given period in history.
It is the evidence of artisans' labor and skill in constructing or
altering a building, structure, object, or site. Workmanship can apply
to the property as a whole or to its individual components. It can
be expressed in vernacular methods of construction and plain finishes
or highly sophisticated configurations and ornamental detailing. It
can be based on common traditions or innovative period techniques.
Workmanship is important because it can furnish evidence of the technology
of a craft, illustrate the aesthetic principles of an historic period,
and reveal individual, local, regional, or national applications of
both active technological practices and aesthetic principle. Examples
of workmanship and historic buildings include tooling, carving, painting,
graining, turning, and joinery.
(f)
Feeling. Feeling is a property's expression of the aesthetic
or historic sense of a particular period of time. It results from
the presence of physical features that, taken together, convey the
property's historic character. For example, a rural historic district
retaining original design, materials, workmanship, and setting will
relate the feeling of agricultural life in the 19th century.
(g)
Association.
[1]
Association is the direct link between an important historic
event or person and historic property. A property retains association
if it is the place where the event or activity occurred and sufficiently
intact to convey that relationship to an observer. Like feeling, association
requires the presence of physical features that convey a property's
historic character.
[2]
Because feeling and association depend on individual perceptions,
their retention alone is never sufficient to support the historic
significance of a property.
[3]
Final approval must be approved by the Mayor and Town Council.
Once approved, the HPC shall begin the process of recommending the
property or properties to the National Register for Historic Places.
(9)
Appeals. Any person aggrieved by a decision rendered by the HPC shall
have the right to appeal to the Board of Adjustment of the Town of
Milton.
F.
Criteria.
(1)
In reviewing the plans for any construction, change, or demolition,
the HPC shall base its decision on the Secretary of the Interior's
Standards for Rehabilitation: http://www.nps.gov/tps/standards/rehabilitation/rehab/stand.htm.
(2)
The HPC shall also give consideration to:
(a)
Historic or architectural value and significance of the structure
and/or its relationship to the historic value of the surrounding area.
(b)
Relationship of the exterior architectural features of the structure
to the remainder of the structure and/or to the surrounding neighborhood,
including proximity to other structures. Distinctive stylistic features
and/or examples of skilled craftsmanship shall be preserved, if possible.
[Amended 5-6-2019 by Ord.
No. 2019-004]
(c)
General compatibility of exterior design, arrangement, texture
and materials proposed to be used with other structures contributing
to the established character of the Historic District of Milton.
(d)
When application is made to demolish a structure or any part
thereof, the impact of its removal from the area where it is located,
and its structural condition and the economic feasibility of alternatives
to the proposed demolition.
[Amended 1-9-2023 by Ord. No. 2022-008]
(e)
When application is made to move an historic structure, the
potential loss of history to its original site and to the Historic
District as a whole, and the reasons for not keeping the structure
at its present location.
(f)
When application is made for new construction in the Historic
District, or for relocating an existing structure from outside the
Historic District into that district, the general compatibility in
style, scale, proximity, composition, usage and construction of other
structures in the neighborhood.
[Amended 5-6-2019 by Ord.
No. 2019-004]
(g)
A proposed new structure, or any alterations to an existing
structure in the Historic District, or to a designated historic site,
shall be permitted to expand to the height and yard setbacks permitted
in the zoning district for that particular property absent a specific
finding that such expansion defeats the purpose of this section.
[Amended 5-6-2019 by Ord.
No. 2019-004]
(h)
The effect of the proposed structure on the health, safety and
general welfare of the Town of Milton, its residents and visitors.
(i)
Other factors that the HPC deems to be pertinent, consistent
with the Town Code, the laws of the State of Delaware and the laws
of the United States of America.
G.
Standards. A proposed new structure or any alterations to an existing
structure located in the Historic District or designated as an historic
site shall conform to the Municipal Code of the Town of Milton and/or
any other prevailing law or code in place at the time of application.
The following standards shall be used by the HPC in preserving the
architectural integrity and ensuring the compatibility of new construction
and alterations with the existing body of architectural styles in
the Historic District:
(1)
Facade treatment. The exterior features of all buildings should be
visually and physically compatible with those facades surrounding
them.
(2)
Height and location within the lot. New and renovated structures
should be in harmony with the streetscape.
[Amended 5-6-2019 by Ord.
No. 2019-004]
(3)
Proportion. The relationship between the width and height of the
front elevation of a structure should be compatible to adjacent structures.
Proportion is also the relationship of the different elements of the
building itself, including but not limited to additions, porches,
windows, and doors.
(4)
Rhythm. The rhythm of the streetscape and building with its components
should be considered as one of the criteria.
(5)
Scale. Since the scale of the Town of Milton is intimate in nature,
any building contrary to that of the streetscape will be deemed to
be out of place.
(6)
Roofs, pitch, dormers and types. The roof and pitch of the roof shall
be in keeping with the tradition of roof types and styles in Milton,
within the Historic District and on designated historic sites. Any
of the traditional roof types found within the Historic District are
acceptable without the need to duplicate existing roof types of a
specified home or area. The type of roof selected should be in keeping
with the general type of structure it is to be used on and in keeping
with the general scale and style of the neighborhood. Modern variations
of roofing styles that clearly bear no resemblance to traditional
or historic styles will not be permitted within the Historic District
or on a designated historic site.
[Amended 1-9-2023 by Ord. No. 2022-008]
(7)
Roofing materials. Acceptable materials include wood, slate, metal,
asphalt shingles, as well as roofing materials that bear resemblance
to these materials. Repair materials shall be consistent with the
existing roofing material. When a flat roof is otherwise consistent
with the design criteria established in this section, a rubber membrane
or similar material may be used.
[Amended 1-9-2023 by Ord. No. 2022-008]
(8)
Siding material. All materials shall be consistent with and appropriate
in design, texture, and other visual qualities to the style and period
of the structure and in keeping with the general appearance of other
structures in the neighborhood. Siding, including aluminum, brick,
stucco, wood, cement and vinyl, can all be considered but, if used,
must not interfere with the historical architectural details and must
have a traditional appearance and profile that fits both the style
of the structure and the neighborhood.
(9)
Foundation material. Traditional foundations, including brick and
brick veneer, are encouraged. Concrete block is permitted; however,
the foundation is to be covered in stucco so as to disguise the block
joints.
(10)
Chimney styles and materials. Chimneys in public view should
be of brick or stucco. Metal chimneys are acceptable for use in nonpublic
view.
(11)
Porches. If a porch is to be installed in a new construction
or alteration, it shall adhere to the height line and average depth
of other porches in the surrounding neighborhood. When existing structures
with traditional porches are renovated, owners shall preserve both
the porch and its architectural detailing.
(12)
Windows. New structures or alterations to existing designated
historic sites and construction or alterations to structures in the
Historic District shall have windows that are compatible in appearance
to those in the existing structure and surrounding structures.
(13)
Architectural details. This term applies to such building features
as window and door trim styles, cornices, ornamental brackets, porch
and entrance balustrades, porch pillars, corner pilasters, gable peak
ornamentation, lattice work, traditional paneled and louvered shutters,
and similar details. The applicant shall extend the design motif of
the existing structure to any addition; and, in the case of alteration
to an existing structure, the architectural details on the exterior
shall be preserved.
(14)
Walls, fences and gates. Materials shall be of a type compatible
with the architecture of the Historic District and designated historic
properties to which the walls, fences or gates would be included or
affixed. Natural materials are encouraged, but man-made materials
similar in appearance will be considered.
(15)
The color of a structure shall not be reviewed by the HPC.
(16)
The HPC shall not automatically deny the addition of items such
as solar panels, cisterns or other inventions designed to produce
energy or assist in conservation efforts but shall designate reasonable
alternative design and/or placement.
(17)
The HPC shall not deny any reasonable accommodations for a disability,
compatible with this section; however, the HPC may suggest alternative
design(s) or placement.
(18)
When owners of structures in the Historic District that have
been or are designated as "noncontributing" make application to the
HPC for approval for alteration or demolition, the HPC evaluation
shall be based on the potential impact on the streetscape setting
of the property, rather than the potential impact on the property
itself. When owners of structures in the Historic District designated
as "contributing structures" make application to the HPC for alteration
or demolition, preserving the property will be the HPC's primary criterion
in evaluating the application. The HPC may require the applicant to
submit both financial and construction details in support of any proposed
demolition.
(19)
A proposed new structure or any alteration to an existing structure
or historic property shall conform to the Town Code. However, it is
the intent of the HPC, consistent with its purpose (§ 220-21B1-7)
to assist in preserving the historic character and the historic fabric
of the Town of Milton, to work in conjunction with applicants to arrive
at the most desirable and appropriate outcome of their application
to maintain harmony within the streetscape. To this end, the HPC may
focus on height, rhythm, scale and proportion as issues that the applicant
will be asked to consider and, when appropriate, to alter their plan
and/or design.
(20)
Other factors that the HPC deems pertinent, consistent with
the Municipal Code of the Town of Milton, the laws of the State of
Delaware and the laws of the United States of America.
H.
Enforcement.
(1)
The Code Enforcement Officer shall, at least once a month, view the
sites within the Historic District, properties designated as historic
sites and maintain records of all site visits and notifications:
(2)
The Code Enforcement Officer shall keep the HPC and Town Council
advised, in writing, monthly, of all matters pertaining to the enforcement
of this section relating to properties in the Historic District and
properties designated as historic sites.
(3)
Where sufficient cause exists to believe that the terms of this section
have been violated, the Code Enforcement Officer or Project Coordinator
shall immediately issue an order to the property owner of record and
the individual(s) or entity performing any construction and/or demolition
to cease and desist immediately.
(4)
The property owner shall appear before the HPC at its next scheduled
meeting for that matter to be addressed.
I.
Penalty.
(1)
Where a property owner has not obtained a building permit prior to
commencing construction on a property:
(a)
The property owner shall immediately make such application and pay any fees required with that application. In making the application, the property owner shall provide the required information as specified in § 220-21E.
(b)
The property owner shall appear before the HPC at its next scheduled
meeting for the application to be addressed.
(2)
Where a property owner has obtained a building permit and the construction
being done does not comply with what was previously approved by the
HPC:
(a)
The property owner may choose to alter the construction so as
to be in compliance with what was previously approved by the HPC and
with the issuance of the building permit;
(b)
If the property owner does not alter the construction so as
to be in compliance with what was previously approved by the HPC,
the property owner shall immediately make application for a building
permit listing such changes in construction;
(c)
The property owner shall appear before the HPC at its next scheduled
meeting to seek approval for these changes to the previously approved
construction.
(3)
Where a property owner allows their property to become a safety hazard
through neglect:
[Amended 1-9-2023 by Ord. No. 2022-008]
(a)
The property owner shall appear before the Historic Preservation
Commission at its next scheduled meeting for that matter to be addressed.
(b)
A licensed structural engineering report shall be required from
the owner to determine if the property can be salvaged.
(c)
If the property can be salvaged, the owner will be encouraged
to sell the property.
(4)
Where a property owner demolishes a building/structure without first
obtaining a permit for such a demolition or if the property has become
a safety hazard:
(a)
The property owner shall appear before the HPC at its next scheduled
meeting for that matter to be addressed;
(b)
No building permit shall be issued for this property for a period
from one year from the date of the demolition; and
(c)
The property owner shall cause the site to be cleaned up and
secured to the satisfaction of the Town.
[Amended 3-4-2019 by Ord.
No. 2018-010]
A.
No effluent or matter of any kind shall be discharged into any stream
or body of water that violates established stream standards of the
Delaware Department of Natural Resources and Environmental Control
or otherwise causes objectionable odors or fumes or that is poisonous
or injurious to human, plant or animal life.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil for sale or for use other than on the premises from
where the same shall be taken except in connection with the construction
or alteration of a building in such premises and excavation or grading
incidental thereto.
[Amended 1-9-2023 by Ord. No. 2022-008]
C.
No use shall be permitted that will produce corrosive, toxic or noxious
fumes, glare, fire, explosion, electromagnetic disturbance, radiation,
smoke, cinders, odors, obnoxious dust or waste, undue noise or vibration
or other objectionable features so as to be detrimental to the public
health, safety, or general welfare unless conducted under proper and
adequate standards.
[Amended 1-9-2023 by Ord. No. 2022-008]
D.
Dumping or storage of material in a manner that facilitates the breeding
of vermin or endangers health in any way shall not be permitted.
E.
No wastewater effluent or spray irrigation containing toxins, biohazards,
or industrial waste in any form shall be applied or used, except as
permitted for agricultural lands actively being farmed in compliance
with Title 3, § 2301 of the Delaware Code, or for agricultural
lands in preservation and in compliance with Title 3, § 909(a)(5)e,
of the Delaware Code.
