Town of Milton, DE Development Guidelines

Parking shall not be permitted in front yard setback areas following site plan review as provided for in Article VI of this chapter. For single-family dwellings, parking may be permitted in the front yard setback area on approved driveways. Under all circumstances except for single-family dwellings, a four-foot-wide area shall be provided between the adjacent sidewalk or public right-of-way and all permitted parking areas.

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

It shall be the responsibility of the owner of a property to provide the total number of off-street parking spaces required by this chapter for any uses that are enlarged, erected or structurally altered after the effective date of this chapter.

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

A parking space shall be a minimum of 10 feet by 20 feet for perpendicular parking and 10 feet by 22 feet for parallel parking, exclusive of parking aisles and driveways appurtenant to and giving access thereto.

An area containing one or more parking spaces shall have direct access to a public street or alley.

No exit or entrance drive connecting a parking area and a street shall be permitted within 30 feet of the intersection of two public rights-of-way.

Where appropriate, the Board of Adjustment may, upon the presentation of evidence, vary the number and circumstances of the following parking space requirements, so that the general welfare be served and the proposed uses be equitably treated.

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

The outdoor lighting of off-street parking lots shall be designed to adequately light parking areas for safe vehicular and pedestrian movements at night. In addition, the lighting shall be designed to shield adjacent properties from glare.

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

If the uses, structures or parcels where parking is provided are under separate ownership, the right to joint use of parking spaces shall be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use. Upon application by an owner or owners, the Board of Adjustment may authorize the joint use of parking facilities upon a finding that the parking spaces required for a specified use that is primarily a daytime activity may be used to satisfy the parking requirements for a specified use that is primarily an evening activity. Applicants seeking such authorization shall submit written documentation justifying their requests.

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

(9)

The use of off-street parking areas in residential areas for the parking or storage of commercial vehicles of 10,000 pounds or more shall be prohibited.

(10)

Parking shall be prohibited in the lawn area in front of any structure in any district, except on the driveway of such structure.

Required off-street parking spaces. The minimum number of parking spaces required shall be determined by the number or amount of dwelling units, bedrooms, floor area, members, equipment, employees, and/or seats contained in such new buildings, uses or structures, or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:

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

Table of Required Off-Street Parking Spaces, By Permitted Use
Permitted Use	Number of Spaces Required
Dwelling, single-family detached	2 spaces per unit
Dwelling, single-family semidetached	2 spaces per unit
Townhouses or dwelling, multiple-family	2 spaces per unit
Hospitals, nursing homes	1 space per 200 gross square feet
Bed-and-breakfasts, inns	1 space for each bedroom within the facility, plus 2 for the property owners
Motels/hotels	1 space for each unit, plus 1 space per 500 square feet of common area
Offices, office buildings, banks, financial offices	1 space for each 300 gross square feet
Retail establishments, veterinary hospitals, banks, and related commercial establishments of a personal service nature	1 space per 200 square feet used for sales plus 1 per 2 employees on largest shift
Restaurants	1 space per 100 square feet used for patrons plus 1 per 2 employees on largest shift
Health club	1 space per 100 gross square feet
Warehouse	1 space per 500 gross square feet
Assembly	1 space per 200 gross square feet
Medical office or clinic	1 space per 200 gross square feet
Schools	1 space per 3.5 seats in assembly rooms, plus 1 space per faculty member
Industry	1 space per 500 square feet
Funeral homes	1 space per 20 square feet of floor area used for seating accommodations, plus 1 space per employee

Calculation of required parking spaces. In the case of combination of uses, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit joint use of parking areas or other modifications. Whenever a major fraction of a space is required, a full space shall be provided.

Location of required parking spaces.

Residential Districts (R-1, R-2, R-3, and MURC Districts):

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

Required parking spaces shall be provided on the same lot as the residence. This space shall be graded for parking use and readily accessible from the street.

Open parking areas may encroach on any required side or rear yard to within three feet of a property line, except that in existing lots with six-foot side yards, required spaces may extend to the side and/or rear lot lines.

Commercial Districts (C-1), Light Industrial Districts (LI-1), Limited Light Industrial Districts (LLI-1), Mixed-Use Residential and Commercial Districts (MURC), and Marine Resources (M-R) Districts:

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

Required parking spaces shall be provided on the same lot as the business, residential, institutional or industrial use, or not more than 400 feet distant from them it.

Where such parking is situated adjacent to a residential use, it shall be set back a minimum of six feet from the residential lot line, and an adequate landscape buffer in conformance with § 220-54 shall be provided within such setback area.

Any property within the Town Center District (T-C) shall not be required to provide off-street parking.

Off-street parking requirements may be varied in whole or in part upon findings by the Board of Adjustment pursuant to Article XI of this chapter.

Construction of parking areas. All off-street parking areas shall be constructed with concrete (regular, stamped, or pervious), hot-mix bituminous pavement (regular or pervious), pavers (brick, concrete, asphalt-block, natural stone such as cobblestone or slate, rubber from recycled tires), surface treatment (tar and chip), or with a suitable all-weather, dust-free, permanent, stable surface approved by the Planning and Zoning Commission, with the exception of those for single-family residences, and shall meet the following construction standards:

The individual spaces shall be visibly marked with paint or other durable material.

They shall be provided with curbing or wheel stops to keep parking vehicles within proper boundaries.

They shall be designed, graded and surfaced for proper drainage.

Landscaping. At least 10% of the area of a lot used for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material within landscape islands. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened, as set forth in § 220-54, from adjoining properties. All parking areas and landscaping shall be properly maintained in accordance with applicable Town ordinances.

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

§ 220-43 Off-street loading and unloading requirements.

In all districts, wherever a lot or structure that is to be occupied by manufacturing, commercial, business or other similar uses requires the receipt and distribution by vehicles of materials or merchandise, there shall be provided and maintained, on said lot, off-street loading berths.

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

Loading berths shall be located to the rear of structures in such a way as not to unreasonably interfere with the movement of people and vehicles on public rights-of-way. The Planning and Zoning Commission may allow use of public rights-of-way to satisfy loading berth requirements.

Landscaping shall be as required in § 220-54.

§ 220-44 Accessory building and uses.

Accessory buildings. Accessory buildings not attached to principal buildings shall comply with the following:

All accessory buildings shall require a building permit.

Accessory buildings shall only be located on the same lot as the principal use stated in the Density Control Table.[1]

[1]

Editor's Note: The Density Control Table is included as an attachment to this chapter.

Accessory buildings shall only be located in a rear or side yard, except that any accessory building in the Historic Preservation Overlay District (HP-OD) shall only be located in a rear yard. The minimum setback from the side and rear property line shall be a minimum of six feet.

[Amended 5-6-2019 by Ord. No. 2019-004]

Accessory buildings shall not be located closer than five feet to the principal building or any other permitted accessory structure.

Accessory uses. In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as or on a lot adjacent to the principal structure, shall not be located in front yard on such lots, and shall be located not less than six feet from side and rear lot lines and shall not adversely affect the character of any residential neighborhood or any other accessory structure by reason of noise or glare or safety.

§ 220-45 Driveway standards.

[Amended 9-9-2013 by Ord. No. 2013-04; 1-9-2023 by Ord. No. 2022-008]

Portions of driveways that lie within public rights-of-way shall be constructed in conformance with the most recent specifications set forth by the Town and the Delaware Department of Transportation.

All work and materials within public rights-of-way shall be furnished as required to meet specifications set forth by the Town and the Delaware Department of Transportation.

No more than two driveways to a single commercial establishment entering on one street shall be permitted, except as permitted by the Delaware Department of Transportation or the Planning and Zoning Commission.

Any curb cuts will require approval by the Town, accompanied by a fee as established in the currently effective Town of Milton Fee Schedule, as well as any state permits required.

For a single-family residence driveway and parking area, a suitable all-weather dust-free surface shall be provided and shall be designed, graded and surfaced for proper drainage.

Residential driveways must also comply with Article VI of Chapter 183.

§ 220-46 Fences and walls.

Fences and walls are permitted as follows:

Where a driveway meets a street, no fence, wall, hedge, or other planting shall be installed and maintained that exceeds 3 1/2 feet in height above grade or street pavement, whichever is greater, to within eight feet from the public right-of-way.

[Amended 7-20-2015 by Ord. No. 2015-007; 7-11-2022 by Ord. No. 2022-006]

Clear vision area.

[Amended 7-11-2022 by Ord. No. 2022-006]

At street intersections, nothing shall be built, placed, planted, or allowed to grow higher than 3 1/2 feet within the sight triangle measured along the right-of-way line above the curb level of the intersecting streets for a distance of 25 feet from the intersection and formed by connecting the respective twenty-five-foot distances.

The clear vision area in this Subsection B shall contain no plantings, fences, walls, structures, or temporary or permanent obstructions exceeding 3 1/2 feet from the top of the curbline or street pavement, unless such plantings shall have all branches or foliage removed to a height of eight feet above the finished grade.

A demonstrative exhibit is hereby adopted by reference.[1]

[1]

Editor's Note: Said exhibit is on file in the Town offices.

Fences, walls, hedges or screen plantings may be required, as specified elsewhere in this chapter for multifamily, commercial or industrial uses, as is necessary to protect the residential quality of adjacent property.

Fence and wall regulations.

In all districts except the Limited Light Industrial District, Light Industrial District and Marine Resources District, a maximum height of 3 1/2 feet above street pavement shall be allowed for fences and/or walls located in a front yard at a street intersection. Fences and walls shall be constructed of materials that shall not hinder clear vision in conformance with Subsection B of this section. Fences in side and rear yards shall not exceed eight feet in height above grade. The front yard is the distance from the front of the property to the required building line.

[Amended 7-11-2022 by Ord. No. 2022-006]

In the Limited Light Industrial District, Light Industrial District and Marine Resource District, there shall be no restrictions, except that any fence or wall shall not exceed eight feet in height and that fences and walls located in a front yard at a street intersection shall be constructed of materials that shall not hinder clear vision in conformance with Subsection B of this section.

[Amended 7-11-2022 by Ord. No. 2022-006]

Fences with only one finished or decorative side, such as a wooden privacy fence.

[Amended 9-12-2022 by Ord. No. 2022-009]

The finished or decorative side of a fence shall face toward the neighboring property; provided, however, that, if the neighboring property has a fence installed along the same lot line, upon a review by the Project Coordinator, the finished or decorative side may face inward.

Replacement of a fence that has the only finished or decorative side facing inward shall require a review by the Project Coordinator, and if a neighboring fence along the same lot line does not exist, the finished or decorative side shall face the neighboring property.[2]

[2]

Editor's Note: Former Subsection E, regarding clear vision area, which immediately followed, was repealed 7-11-2022 by Ord. No. 2022-006.

§ 220-47 Design.

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

Every effort should be made to preserve unique physical features such as historic landmarks, stream banks, forested areas, natural lookouts, desirable views of hills as well as other major natural features and other unique natural features of the Town environment. Storm drainage, erosion and sediment control shall conform to specifications set forth by the Town Engineer or other appropriate agencies.

§ 220-48 Open space, parks and playgrounds.

The Planning and Zoning Commission may, as a condition of site plan approval, require that specific areas be designated for recreational purposes. Such designation shall depend upon the magnitude and character of the project and accessibility to existing public recreational areas. All lands proposed for park or recreation purposes shall meet the following minimum standards.

Such lands shall be held in corporate ownership and maintained by an established organization.

Such lands shall have locational and physical characteristics that render them readily usable for appropriate recreation purposes, and their locations shall be selected with a view to minimizing hazards and vehicular traffic conflict for children walking between such facilities and their homes in the neighborhood.

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

Any such area shall be located at a suitable place on the edge of the development so that additional land may be added at such time as the adjacent land is developed.

A detailed development plan shall be submitted with the final site plan for each neighborhood park or playground.

The development plan shall show how the entire area is to be graded, drained, and landscaped to make it a useful and attractive feature of the neighborhood.

§ 220-49 Utilities.

Provision for water supply and sanitary sewer shall conform to specifications set forth by the Town.

Utility easements. An easement shall be provided for all utility lines wherever those utility lines do not fall within a dedicated right-of-way. All utility easements shall be plotted on the site plan submitted to the Planning and Zoning Commission. Utility easements shall have a minimum width of 20 feet. All utility lines that are primarily intended to provide service to the lots within a subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services.

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

Additional easements. The Planning and Zoning Commission shall have the right to require additional easements when the purposes of the easements are found to be in the public interest.

The regulations contained in this chapter are supplemented by and are subject to regulations contained in other ordinances of the Town of Milton; for example. See Chapters 170 and 215 of the Town Code of the Town of Milton.

§ 220-50 Light Industrial District regulations.

Design standards.

General standards. The following general standards are hereby adopted for the control of any industrial use:

Smoke shall not be emitted when the shade of such smoke is darker than No. 2 on the Ringlemann's Scale for Grading the Density of Smoke published by the United States Bureau of Mines.

In addition to compliance with Chapter 148, noise levels shall not exceed 85 dba measured at the boundaries of the lot occupied by such use causing the same.

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

Discharge of effluent into any sanitary sewer system shall not occur except in accordance with the provisions of the Code of the Town of Milton, including Chapter 170.

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

No outside storage or stacking of any hazardous materials shall be permitted.

Any inside storage of hazardous material shall be in accordance with the standards of the Delaware Department of Natural Resources and Environmental Control.

Specific standards. The following specific standards are hereby adopted and must be complied with for any use in any Light Industrial District before the same be permitted, established, maintained or conducted:

Storage facilities. Materials, supplies, or semifinished products shall be screened wherever possible in conformance with §§ 220-46 and 220-54.

Wherever possible, provisions for handling of all freight shall either be on those sides of any building that do not face on any street or proposed streets or be suitably screened therefrom.

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

Buffers and landscaping:

Landscaping. All areas of the site not occupied by buildings, parking, driveways or walkways, or storage shall be landscaped with lawn, trees, shrubs, or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises, and the nature and condition of the terrain, as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises, and shall be provided in conformance with § 220-54.

Buffers. Those lot lines adjacent to residential districts shall include a landscape buffer planted with a mixture of deciduous and coniferous trees and shrubs that will visually buffer the adjacent properties.

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

Off-street parking and loading. Off-street parking and loading shall conform to §§ 220-42 and 220-43.

Signs. Signs shall conform to the requirements of Article VIII, Signage.

Utilities. All water and sewer facilities shall be designed and installed according to Town standards as per § 220-49.

§ 220-51 Home occupations.

Home occupation uses shall conform to the following standards which shall be minimum requirements:

No more than 25% of the total floor area of a dwelling unit or 500 square feet, whichever is less, shall be used for such use.

The use shall be carried on wholly within the enclosed walls of the dwelling unit or an accessory building.

No stock, merchandise, equipment or displays of any kind shall be visible from outside the dwelling unit or accessory building.

No external structural alternations that are not customary to a residential building shall be allowed.

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

The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the character of the neighborhood.

No article is sold or offered for sale except such as may be produced by members of the family residing on the premises. Any form of business, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use and shall not be permitted as a home occupation.

Professional offices of a physician, dentist, lawyer, engineer, architect, surveyor or other like profession shall be subject to the following special conditions:

The professional use is clearly incidental to the residential use of the dwelling and does not change its basic residential character.

The occupation is practiced at home.

There shall be no display of products visible from outside of the dwelling.

There shall be no external alterations inconsistent with the residential character of the dwelling.

There shall be no storage of materials or products outside of the dwelling unless completely housed.

No manufacturing, repairing or other mechanical work shall be performed outside of the dwelling. Such activity conducted inside the dwelling shall be conducted so that no noise, odor, glare, vibration, electromechanical interference or dust and smoke are perceptible beyond the property line.

§ 220-52 Antennas, towers and satellite dishes.

No antenna, tower, microwave dish or satellite dish used for any other purpose than that of personal use of the structure will be permitted by right in any district. Any such personal use antenna, tower, microwave dish or satellite dish shall only be located in rear yards or, if not visible from the street level along the entirety of the front lot line, in side yards. However, this restriction shall not apply to any property where the owner, tenant or user provides evidence to the Town Code Enforcement Officer that the restriction unreasonably delays or prevents the use, unreasonably increases the cost of installation, maintenance or use, or precludes receiving or transmitting an acceptable quality signal. Each property owner, tenant, and user shall make all reasonable efforts to limit or eliminate the visual impact on the adjoining properties, such as screening by landscaping.

[Amended 5-7-2014 by Ord. No. 2014-04; 12-5-2022 by Ord. No. 2022-010; 1-9-2023 by Ord. No. 2022-008]

Any apparatus used for the receipt or transmittal of UHF, VHF, HF or any other radio, video or microwave signal for commercial purposes will be considered a public utility system and will be reviewed on a case-by-case basis and approved by the Planning and Zoning Commission on an as-needed basis where it would be a benefit to the community of the Town and comply with § 220-52.1.

[Amended 12-5-2022 by Ord. No. 2022-010]

If there is any question as to the use, type, frequency or any other signal, a site plan review will be required by the Planning and Zoning Commission.

Any historic site or any property in the HP-OD shall comply with § 220-21G(7).

[Added 5-7-2014 by Ord. No. 2014-04]

If applicable to the site or property, any apparatus shall comply with the floodplain management regulations of Chapter 125.

[Added 12-5-2022 by Ord. No. 2022-010]

§ 220-52.1 Wireless communication towers.

[Added 12-5-2022 by Ord. No. 2022-010]

Applicability. This section applies to all wireless communications towers as defined in this section.

Purposes. The purposes of this section are to:

Accommodate the need for wireless communications towers while regulating their location and number in the Town and to ensure compliance with all Town, state and federal regulations, including FCC and FAA regulations.

Ensure the structural integrity of the tower through compliance with applicable state, federal and industry standards and regulations.

ANTENNA SUPPORT STRUCTURE

Promote the health, safety, and welfare of the residents of the Town.

Definitions. The following definitions shall apply to the regulations and standards in this section.

Any pole, telescope mast, tower, tripod, lattice construction steel structure or any other structure that supports an antenna or has an antenna attached to it.

ANTENNA SUPPORT STRUCTURE HEIGHT

The vertical distance measured from the base of an antenna support structure at grade to the highest point of the structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna support structure height.

CO-LOCATION

The act of siting wireless communications equipment on an existing support structure without the need to construct a new support structure and without a substantial increase in the size of an existing wireless communications tower.

EXISTING SUPPORT STRUCTURE

A previously erected structure designed to support a wireless communications tower, including, but not limited to, monopoles, towers, and other freestanding, self-supporting structures.

WIRELESS COMMUNICATIONS EQUIPMENT BUILDING

A building or cabinet where electronic receiving, relay or transmitting equipment for a wireless communications tower is housed.

WIRELESS COMMUNICATIONS TOWER

The antenna, antenna support structure, wireless communications equipment building, parking and/or other structures, building, cabinets, and equipment involved in receiving or transmitting wireless communications or radio signals for commercial purposes.

Where allowed. New wireless communications towers may be constructed as follows, provided that they meet the criteria set forth in this chapter and other applicable criteria for special permitted uses as a public utility system.

On any lot owned by or in the possession and control of the Town.

On any state, county, or municipal lot for its own internal communication needs.

On any private property.

Application requirements. Applicants seeking a special permitted use to construct, erect, relocate or alter a wireless communications tower shall comply with § 220-34 and provide the following:

Specifications for proposed tower, antenna and other structures, including description of design characteristics and material.

Site plan to scale showing property boundaries, tower location, height, guy wires and anchors, existing structures, elevation drawings depicting typical design of proposed structures, parking, access roads, fences, landscape plan, stormwater management plan, existing land uses on adjacent properties, and distance to all structures on adjacent properties.

A report from a licensed structural engineer showing the tower capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with all the applicable Town, state, and federal construction standards.

A line-of-sight analysis showing the potential visual and aesthetic impacts as well as any attract/detract lighting impacts on the adjacent residential districts.

A written agreement to remove the tower and/or antenna within 60 days after cessation of use.

Proof of liability insurance procured for the Town to respond to claims up to $1,000,000 in the aggregate that may arise from operation of the tower during its life, at no cost to the Town of Milton, in a form approved by the Town Solicitor.

Documentary evidence that all other authorized wireless communication service providers and owners of structures of a suitable height and location within a one-mile radius of the proposed area have been contacted by the applicant with a request for co-location and that request was denied.

Any additional information required by the Town for determination that all applicable zoning regulations are met.

Standards.

Location.

The proposed tower, antenna and/or accessory structure shall be placed to allow the wireless communication tower to function in accordance with minimum standards imposed by the applicable communications regulations and the applicant's technical design requirements.

The locations proposed within the lot shall consider minimizing the visual impact on the surrounding area.

The applicant must show that the proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and the applicant's technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant.

Height.

The applicant shall demonstrate that the tower and the antenna must be at the height proposed to satisfy their function in the applicant's regional plan or grid system. The applicant shall also demonstrate that the antenna height and antenna support structure height requested are not in excess of the minimum required to function satisfactorily.

An antenna that is attached to a tower, telephone, electric, or utility pole, existing wireless communications tower, cellular communications or personal communications tower, water tower or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than 10 feet.

An antenna that is not mounted on an existing antenna tower shall not have an antenna height in excess of the height restrictions in the zoning district where it is located.

Setbacks.

The minimum distance between the base of any antenna support structure and any property line or right-of-way line shall be the larger of the following: the minimum yard setback in the underlying zoning district; or the collapse height of the proposed tower, as projected by a licensed structural engineer, plus 10 feet.

The minimum distance between the base of any guy wire anchors and any property line or right-of-way shall equal 40% of the proposed antenna tower height.

Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the antenna(s) is mounted on an existing structure. The security fence shall be a minimum of six feet in height, with a maximum of 12 feet, as determined by the Planning and Zoning Commission, and maintained in accordance with the Town property maintenance codes.

Fully automated/required parking. The wireless communications tower shall be fully automated and not require any maintenance workers to be present on a full-time basis. Adequate parking shall be required for all maintenance workers, with a minimum of two spaces provided. All parking spaces shall be constructed to conform to applicable stormwater management regulations.

Signs. No signs or other structures shall be mounted on the wireless communications tower, except as may be required by the Town, State of Delaware, FCC, FAA or other governmental agencies.

Lighting. No tower may be artificially lighted except when required by the Town, FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be oriented inward so as not to project onto surrounding properties.

Design for co-location; notice to other providers. The applicant shall provide documentary evidence that all other authorized wireless communication service providers for the proposed area have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure.

(9)

Landscaping. The following landscaping shall be required to screen much of a newly constructed wireless communication tower:

The disturbance of the existing topography shall be minimized unless such disturbance would result in less visual impact on the surrounding area.

Existing vegetation on and around the land site shall be preserved to the greatest extent possible.

An evergreen screen shall be required to surround the exterior of the security fence around the tower base and any accessory structure. The screen can either be a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

(d)

Where the tower abuts residentially developed land, a residential zoning district, public land, or streets, the land site perimeter shall be landscaped with at least one row of deciduous trees, not less than three inches in caliper, spaced not more than 30 feet apart, on center, and within 25 feet of the land site boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the land site boundary.

(10)

Abandoned or unused portions of towers. Upon application for a tower, the owner or agent of the tower must supply the Town with a letter stating that if the tower is vacated for any reason, the owner or agent will remove the tower, all apparatus associated with it, and the top three feet of the footing and restore the site to its original condition within 60 days of vacation of the tower. The owner or agent shall provide a bond in the amount of 125% of the cost for removal as determined by the Town Engineer.

(11)

Safety and maintenance. The applicant shall demonstrate that the proposed tower and any accessory structure are safe and are in accordance with the applicable regulations, and comply with the following minimum standards.

All towers shall be fitted with anticlimbing devices.

The owner of the wireless communication tower shall conduct radiation tests upon inauguration of service and on an annual basis thereafter to assure compliance with the current ANSI on "American National Standard Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 0-3 kHz.

Any tower and accessory structures not properly maintained shall be required to be removed at the expense of the persons having control or receiving benefits within 60 days after receiving notice of violation from the Town.

§ 220-53 Gasoline stations, service and repair garages and automobile sales areas.

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

Where permitted, a gasoline station, service and repair garage, automobile sales area or any business dispensing retail fuel shall conform to the following standards that will be regarded as minimum requirements:

Minimum lot dimensions shall be:

Minimum design standards for driveways, curb cuts and other design features relative to access to public roads shall be those of the Delaware Department of Transportation.

Minimum lot size shall be 15,000 square feet.

Minimum lot depth shall be 100 feet.

Minimum lot width shall be 120 feet.

Maximum lot coverage shall be 40%.

Minimum setback line from all street lines shall be 50 feet.

Minimum distance between any buildings and any lot zoned for residential use shall be 50 feet.

Minimum distance between any access driveway or curb cut and any lot zoned for residential use shall be 50 feet.

(9)

Minimum distance between gasoline pumps or pump islands, compressed air equipment, tire racks and similar equipment and facilities and any street right-of-way shall be 25 feet.

All automobile parts, including tires, are to be stored within a building. Tires that are offered for sale may be placed outside during normal business hours, but must be stored in a rack. Old tires to be scrapped or sold for junk must be stored either inside a building or behind an eight-foot high fence, wall or natural screen in conformance with § 220-54 and at no point be visible over the screening.

All repair work is to be performed within a building. Automobiles waiting to be serviced on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjustor inspection may be stored for a period not to exceed 30 days and must be stored in the rear of the premises and screened to the greatest extent possible either inside a building or behind an eight-foot high fence, wall or natural screening in conformance with § 220-46.

A site plan must be submitted to the Planning and Zoning Commission.

Hydraulic hoists, service pits and all lubrication, greasing, repair and washing equipment must be entirely enclosed within buildings.

A dense coniferous landscape screen or a fence either solid or with narrow openings not more than one inch for each 10 inches of length and not less than six feet in height shall be placed along all property lines separating the establishment from any lot in an adjoining residential district.

Except for permitted curb cuts, a solid vertical curb in accordance with the Town standards and DelDOT standards if required must be provided along all street lines.

Exterior lighting must be located, designed and shielded so that it will cause neither glare hazardous to passing motorists nor nuisance to adjacent properties.

Junked or stripped vehicles in an inoperative condition are prohibited on the premises.

All waste petroleum products must be stored in tanks meeting the approval of the National Fire Protection Association and State Fire Marshal.

A minimum of two off-street employee parking spaces and one off-street parking space for each service bay must be provided.

No vehicles shall be parked or equipment placed, goods displayed or sign or light erected within the street right-of-way.

The entire service area of all access driveways and parking places must be paved with a suitable all-weather dust-free surface and be graded to direct all water away from adjoining lots.

The minimum distance between any gasoline station and any school, day nursery, hospital, nursing home, library or similar use must be 200 feet, measured along the same street line in the same block from the nearest property line of the gasoline station.

Where the storage and sale of liquefied petroleum gases is carried on as an accessory use to a gasoline station, the required service station site plan must clearly show the number, locations and capacities of liquefied petroleum gas storage tanks. No tank shall be installed and no truck carrying tanks shall be parked closer than 25 feet from the street line or any property line.

Where the rental of utility trailers and/or small trucks is carried on as an accessory use to a gasoline station, the required site plan must clearly show the location and dimensions of the parking area for these vehicles. No more than 15% of the total lot area may be devoted to parking for rental utility trailers and trucks, and no trailer or truck may be parked closer to any street line than the setback distance required for gasoline pump islands. Parking areas for rental utility trailers and trucks must be clearly marked on the ground and must be located to avoid interference with normal customer traffic flow onto, within and from the service station lot and with traffic visibility at road intersection.

Parking:

No vehicle shall be parked, stored or left standing within 15 feet of the street line and/or fuel pump islands.

Parking requirements shall be in conformance with § 220-42. Such parking areas shall not conflict with the traffic pattern established for the use of the fuel pumps. Additional parking area may be required by the Planning and Zoning Commission to accommodate tractor-trailer delivery.

Where parking areas abut a residential use, they shall be screened by a buffer area no less than 10 feet in depth composed of densely planted plant material, solid fencing, or a combination of both which, in the opinion of the Planning and Zoning Commission, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery or fences becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer may direct the property owner to replace said shrubs or fences.

All storage and display areas shall be provided with a hard, dust-free surface and shall be adequately drained.

A maximum of two driveways and curb cuts shall be permitted per lot frontage. These shall be no less than 20 feet and no wider than 30 feet, and located a minimum of 30 feet from any street intersection. A minimum distance of 30 feet shall be maintained between such driveways or curb cuts.

§ 220-54 Buffer and landscaping requirements.

Intent. The objective of this section is to ensure consideration of the physical and visual elements of land use development in the Town of Milton that require, or may be improved by, buffering, setbacks and landscaping to enhance the appearance, screen or effectively separate different land uses and minimize impacts on adjoining uses such as dirt, litter, noise, glare and incompatible buildings or uses (such as outdoor storage, loading and parking areas). The Planning and Zoning Commission may require that a professional licensed landscape architect prepare plans under this section.

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

Buffer and landscaping techniques. The particular type of buffer and landscaping treatment shall be as determined by the Planning and Zoning Commission to meet the intent of this section. The following types of treatment may be considered:

Landscaping and other screening, including tree planting, use of berms, and planting of shrubs designed to separate, obscure or soften an incompatible view or use.

Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.

Physical separation, including setbacks from public streets or adjacent uses in combination with plant materials or features designed to separate land use types or activities.

Planting standards.

Trees, shrubs and hedges.

Trees. All trees shall be plant species having an average crown spread of greater than 15 feet and having trunks that can be maintained in a clean condition, free of branches from grade to five feet above grade. Trees having an average mature spread of less than 15 feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown. Tree species shall be a minimum of seven feet of overall height immediately after planting. Tree plantings along public rights-of-way shall be of native species.

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

Shrubs and hedges. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, when measured, shall be planted and maintained so as to form a continuous visual screen within two years after time of planting.

All disturbed soil areas on the site shall be replaced with sod or reseeded with standard installation methods in accordance with the Delaware Erosion and Sediment Control Handbook.

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

No landscape feature shall be erected, placed or maintained in such a manner as to interfere with clear vision and/or the safe movement of vehicular traffic.

All landscaping shall be adequately and regularly maintained and replaced as necessary.

Stormwater management ponds. Stormwater management ponds shall be landscaped by the property owner/homeowners' association. The use of the stormwater management areas for other than parkland or additional open space shall be prohibited. The landscaping of the stormwater areas shall be approved by the Planning and Zoning Commission and Soil Conservation District.

§ 220-55 Fast-food restaurants.

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

Where permitted, fast-food restaurants meeting the definition of this chapter shall conform to the following standards that shall be regarded as minimum requirements.

Minimum lot size shall be 15,000 square feet.

At least one lot frontage shall be a minimum of 100 feet.

Access.

A maximum of two driveways and curb cuts shall be permitted on each street frontage.

All driveways shall be no less than 20 and no wider than 30 feet in width.

All driveways shall be located a minimum of 30 feet from any street intersection and shall maintain a minimum of 30 feet between such driveways or curb cuts.

Driveways shall create minimal conflict with pedestrian access to the building from the parking lots and sidewalk abutting the property.

Parking.

The number of parking spaces shall be as specified in § 220-42.

Parking lots shall be designed to provide pedestrian safety.

Loading and unloading.

Adequate space shall be provided for loading and unloading as specified in § 220-43.

Off-street loading and unloading spaces shall be designed to provide pedestrian safety.

Landscape requirements. A landscaped area contiguous to the public right-of-way and extending a depth of 10 feet shall be provided. Landscaping, including coniferous trees, shall also be used to screen or buffer parking, dumpsters, freezers and other accessory uses as per § 220-54.

§ 220-56 Drive-through use regulations.

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

Where permitted either as accessory to other permitted uses or as principal use, these facilities as defined in this chapter shall conform to the following standards which shall be regarded as minimum requirements.

All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes.

To the extent possible, lanes shall not cross any principal pedestrian access to the building or site.

Stacking or queuing requirements.

Fast-food restaurants:

Minimum of 140 feet between start of lane to service window.

Minimum 80 feet from start of lane to order station.

Minimum 60 feet from order station to service window.

Banks and other businesses: minimum of 100 feet from start of lane to service window.

Multiple drive-through lanes: The Planning and Zoning Commission may allow reductions for businesses with multiple drive-through lanes based on review of proposed traffic circulation and usage.

All uses shall maintain a minimum distance of 60 feet from the service window to the public right-of-way or interior parking aisles.

§ 220-57 Commercial parking lots and structures.

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

All commercial parking lots and structures, as permitted in § 4.10, Use Regulation Table, shall conform to the following standards that shall be regarded as minimum requirements:

Any parking garage facade fronting on a primary street shall achieve architectural unity/compatibility with the surrounding structures that it is intended to serve.

A minimum of 8% of the lot area shall be devoted to landscaping, including tree planting, and shall be provided in conformance with § 220-54.

Adjacent sidewalks shall be rebuilt as necessary and shall be designed to promote pedestrian safety.

Ingress and egress shall be designed to promote the orderly flow of traffic to and from Town streets. Directional signs shall be used as necessary to ensure this flow.

All commercial parking lots shall include lighting that provides a safe environment for multimodal transportation, pedestrian and vehicular movements. In no case shall lighting negatively impact adjacent properties.

§ 220-58 Swimming pool regulations.

No swimming pool whether of the aboveground or in-ground type, shall be located, installed, constructed or maintained on any lot, except in conformity with the following requirements:

Where swimming pools are permitted as an accessory use, the following regulations must be complied with:

Fences. In-ground swimming pools shall be completely enclosed by a fence of not less than four feet in height. Said fence shall have a gate with a lockable latch to control access to the pool area. Aboveground pools less than 46 inches in height shall be similarly fenced. Aboveground pools which are 46 inches or more above the ground shall not require a fence. All accesses to aboveground pools shall be provided with a lockable gate or removable steps. A walk space of at least three feet in width shall be provided between the pool walls and the protective fence.

Setbacks and coverage. Outdoor swimming pools shall be located in rear or side yards and shall maintain a minimum of 10 feet of distance from the property lines.

Drainage. No permit shall be issued for such pool unless the applicant can show that the proposed drainage of such pool is adequate, makes maximum use of public highways, streets and area drainage facilities, and will not interfere with the property of others.

Lighting. No lights shall be erected, operated or maintained in connection with a swimming pool in such a manner as to create a nuisance to surrounding properties.

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

Overhead wiring. No swimming pool will be placed under any overhead wiring or within an area surrounding the swimming pool that extends 10 feet horizontally from an edge of the pool, diving structures, observation stands, towers or platforms.

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

Permits.

A building permit shall be required for all swimming pools, including those to be installed above ground and those to be installed partially or entirely below ground level.

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

Applications for swimming pool permits shall comply with these regulations and with all other applicable requirements of the Code of the Town of Milton. Where the regulations are inconsistent, the more restrictive requirements shall govern.

§ 220-59 Protection of lands contiguous to certain bodies of water.

[Added 7-20-2015 by Ord. No. 2015-006]

Other than jetties, bulkheads, embankments, flood gates, piers, or fills, all construction shall begin no closer than 50 feet from both high tidal and freshwater ponds, lakes, and rivers. In any case, compliance with state and federal regulations is required.

§ 220-60 Temporary structures.

[Added 1-7-2019 by Ord. No. 2018-006]

For purposes of this section, "temporary structure" means a structure for use while relocation, construction or a short-term event is in progress and is not to be retained as part of the permanent improvements to the property once the relocation, construction or event is complete.

Except as otherwise permitted under the Town Code, it shall be unlawful for any person to construct, place, or permit to be constructed or placed on or adjacent to his or her property, any temporary structure upon any property or street within the Town; provided, however, that a temporary structure may be constructed or placed upon property within the Town pursuant to the terms and conditions in this section and as set forth for accessory structures and uses in this chapter; provided, however, that the person shall make application on the form provided by the Town, as required herein, and shall pay any applicable fee to the Town prior to construction or placement of such temporary structure as required in this section. The application shall include information and a dimensioned drawing or site plan showing the property, the location on the property for the temporary structure, any easements on the property, the size of the structure, and the reasons therefor.

For a temporary structure to be used in connection with construction, demolition, maintenance or repair on the premises, or the relocation onto the premises the following additional requirements apply:

Temporary structures are limited to the following: dumpster; storage unit for property owner's noncommercial use; and portable toilet.

The Town Manager or designee may, as a condition of approval and for good cause shown, modify and limit the size, number, and location of such temporary structures to minimize any adverse impact on nearby property, traffic, or safety.

The approval shall automatically terminate at the earlier of six months or when the construction, demolition, maintenance, or repair activity is substantially complete, at which time all temporary structures shall be promptly removed. The Town Manager or designee may extend the six-month period upon a showing of good cause, but in no event shall such use exceed the duration of the Town building permit. Any extension may be conditioned upon such terms or restrictions as the Town Manager or designee deems necessary to protect the public health, safety or welfare.

All required zoning certificates and applicable building permits must be obtained from both the Town and Sussex County prior to any placement or construction of any temporary structure.

The application and fee must be filed at least three working days prior to the placement of such temporary structures.

For a temporary structure to be used in connection with a private social gathering or private social event, any other gathering or event, festival or exhibition, such use may not exceed a maximum of three working days, and the following additional requirements apply:

For a private social gathering or private social event, the application and fee must be filed at least three working days prior to the placement of any such temporary structure.

For any other gathering or event, festival or exhibition, an application and any applicable fee shall be submitted at least 14 days before the placement of any such temporary structure.

The Town Manager or designee may modify or limit the size, scale, scope, and location of such temporary structures to minimize any adverse impact on nearby property, traffic or safety. The Town Manager or designee may extend the permitted period upon a showing of good cause, but in no event shall such use exceed 14 days. Any extension may be conditioned upon such terms or restrictions as the Town Manager or designee deems necessary to protect the public health, safety or welfare.

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