The Planning and Zoning Commission, in reviewing
a site plan, shall take into consideration the prospective character
of the development and require that improvements be designed to be
consistent with reasonable protection of the public health, safety,
or welfare. The Code Enforcement Officer shall ensure compliance with
this article and any other applicable ordinance, articles or sections.
[Amended 1-9-2023 by Ord. No. 2022-008]
Street systems shall be designed with due regard to the need for convenient traffic access and circulation; traffic control and safety; access for firefighting, snow removal, and street maintenance equipment; patrolling by the Police Department; and stormwater drainage and sewage disposal. Streets shall be designed to accommodate the prospective traffic, and so arranged as to separate through traffic from neighborhood traffic insofar as it is practicable. The regulations contained in this chapter are supplemented and are specifically subject to regulations contained in other ordinances of the Town of Milton; see for example Chapters
183 and
188 of Town of Milton Code.
[Amended 3-13-2014 by Ord. No. 2014-02]
A. General requirements.
(1) 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]
(2) 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]
(3) 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.
(4) An area containing one or more parking spaces shall have direct access
to a public street or alley.
(5) 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.
(6) 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]
(7) 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]
(8) 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.
B. 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
|
C. 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.
D. Location of required parking spaces.
(1) Residential Districts (R-1, R-2, R-3, and MURC Districts):
[Amended 1-9-2023 by Ord. No. 2022-008]
(a)
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.
(b)
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.
(2) 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]
(a)
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.
(b)
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.
(3) Any property within the Town Center District (T-C) shall not be required
to provide off-street parking.
E. 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.
F. 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:
(1) The individual spaces shall be visibly marked with paint or other
durable material.
(2) They shall be provided with curbing or wheel stops to keep parking
vehicles within proper boundaries.
(3) They shall be designed, graded and surfaced for proper drainage.
G. 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]
A. 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]
B. 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.
C. Landscaping shall be as required in §
220-54.
A. Accessory buildings. Accessory buildings not attached
to principal buildings shall comply with the following:
(1) All accessory buildings shall require a building permit.
(2) Accessory buildings shall only be located on the same
lot as the principal use stated in the Density Control Table.
(3) 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]
(4) Accessory buildings shall not be located closer than
five feet to the principal building or any other permitted accessory
structure.
B. 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.
[Amended 9-9-2013 by Ord. No. 2013-04; 1-9-2023 by Ord. No. 2022-008]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. Residential driveways must also comply with Article
VI of Chapter
183.
Fences and walls are permitted as follows:
A. 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]
B. Clear vision area.
[Amended 7-11-2022 by Ord. No. 2022-006]
(1) 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.
(2) 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.
(3) A
demonstrative exhibit is hereby adopted by reference.
C. 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.
D. Fence and wall regulations.
(1) 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]
(2) 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]
(3) Fences with only one finished or decorative side,
such as a wooden privacy fence.
[Amended 9-12-2022 by Ord. No. 2022-009]
(a) 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.
(b) 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.
[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.
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.
A. Such lands shall be held in corporate ownership and
maintained by an established organization.
B. 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]
C. 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.
D. A detailed development plan shall be submitted with
the final site plan for each neighborhood park or playground.
E. 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.
A. Provision for water supply and sanitary sewer shall
conform to specifications set forth by the Town.
B. 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]
(1) 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.
(2) 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.
Design standards.
A. General standards. The following general standards
are hereby adopted for the control of any industrial use:
(1) 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.
(2) 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]
(3) 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]
(4) No outside storage or stacking of any hazardous materials
shall be permitted.
(5) Any inside storage of hazardous material shall be
in accordance with the standards of the Delaware Department of Natural
Resources and Environmental Control.
B. 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:
(1) Storage facilities. Materials, supplies, or semifinished products shall be screened wherever possible in conformance with §§
220-46 and
220-54.
(2) 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]
(3) Buffers and landscaping:
(a)
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.
(b) 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]
(4) Off-street parking and loading. Off-street parking and loading shall conform to §§
220-42 and
220-43.
(5) Signs. Signs shall conform to the requirements of Article
VIII, Signage.
(6) Utilities. All water and sewer facilities shall be designed and installed according to Town standards as per §
220-49.
Home occupation uses shall conform to the following standards
which shall be minimum requirements:
A. 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.
B. The use shall be carried on wholly within the enclosed
walls of the dwelling unit or an accessory building.
C. No stock, merchandise, equipment or displays of any
kind shall be visible from outside the dwelling unit or accessory
building.
D. No external structural alternations that are not customary
to a residential building shall be allowed.
[Amended 1-9-2023 by Ord. No. 2022-008]
E. 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.
F. 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.
G. Professional offices of a physician, dentist, lawyer,
engineer, architect, surveyor or other like profession shall be subject
to the following special conditions:
(1) The professional use is clearly incidental to the
residential use of the dwelling and does not change its basic residential
character.
(2) The occupation is practiced at home.
(3) There shall be no display of products visible from
outside of the dwelling.
(4) There shall be no external alterations inconsistent
with the residential character of the dwelling.
(5) There shall be no storage of materials or products
outside of the dwelling unless completely housed.
H. 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.
A. 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]
B. 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]
C. 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.
D. 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]
E. 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]
[Added 12-5-2022 by Ord. No. 2022-010]
A. Applicability. This section applies to all wireless communications
towers as defined in this section.
B. Purposes. The purposes of this section are to:
(1)
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.
(2)
Ensure the structural integrity of the tower through compliance
with applicable state, federal and industry standards and regulations.
(3)
Promote the health, safety, and welfare of the residents of
the Town.
C. Definitions. The following definitions shall apply to the regulations
and standards in this section.
ANTENNA SUPPORT STRUCTURE
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 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.
D. 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.
(1)
On any lot owned by or in the possession and control of the
Town.
(2)
On any state, county, or municipal lot for its own internal
communication needs.
E. 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:
(1)
Specifications for proposed tower, antenna and other structures,
including description of design characteristics and material.
(2)
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.
(3)
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.
(4)
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.
(5)
A written agreement to remove the tower and/or antenna within
60 days after cessation of use.
(6)
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.
(7)
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.
(8)
Any additional information required by the Town for determination
that all applicable zoning regulations are met.
F. Standards.
(1)
Location.
(a)
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.
(b)
The locations proposed within the lot shall consider minimizing
the visual impact on the surrounding area.
(c)
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.
(2)
Height.
(a)
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.
(b)
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.
(c)
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.
(3)
Setbacks.
(a)
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.
(b)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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:
(a)
The disturbance of the existing topography shall be minimized
unless such disturbance would result in less visual impact on the
surrounding area.
(b)
Existing vegetation on and around the land site shall be preserved
to the greatest extent possible.
(c)
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.
(a)
All towers shall be fitted with anticlimbing devices.
(b)
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.
(c)
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.
[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:
A. Minimum lot dimensions shall be:
(1) 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.
(2) Minimum lot size shall be 15,000 square feet.
(3) Minimum lot depth shall be 100 feet.
(4) Minimum lot width shall be 120 feet.
(5) Maximum lot coverage shall be 40%.
(6) Minimum setback line from all street lines shall be
50 feet.
(7) Minimum distance between any buildings and any lot
zoned for residential use shall be 50 feet.
(8) 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.
B. 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.
C. 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.
D. A site plan must be submitted to the Planning and
Zoning Commission.
E. Hydraulic hoists, service pits and all lubrication,
greasing, repair and washing equipment must be entirely enclosed within
buildings.
F. 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.
G. 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.
H. Exterior lighting must be located, designed and shielded
so that it will cause neither glare hazardous to passing motorists
nor nuisance to adjacent properties.
I. Junked or stripped vehicles in an inoperative condition
are prohibited on the premises.
J. All waste petroleum products must be stored in tanks
meeting the approval of the National Fire Protection Association and
State Fire Marshal.
K. A minimum of two off-street employee parking spaces
and one off-street parking space for each service bay must be provided.
L. No vehicles shall be parked or equipment placed, goods
displayed or sign or light erected within the street right-of-way.
M. 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.
N. 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.
O. 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.
P. 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.
Q. Parking:
(1) No vehicle shall be parked, stored or left standing
within 15 feet of the street line and/or fuel pump islands.
(2) 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.
(3) 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.
R. All storage and display areas shall be provided with
a hard, dust-free surface and shall be adequately drained.
S. 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.
A. 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]
B. 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:
(1) 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.
(2) Visual setting, including ground cover and plant materials
designed to stabilize the landform and provide an appropriate foreground
or setting.
(3) 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.
C. Planting standards.
(1) Trees,
shrubs and hedges.
(a)
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]
(b)
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.
(2) 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]
(3) 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.
(4) All landscaping shall be adequately and regularly
maintained and replaced as necessary.
D. 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.
[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.
A. Minimum lot size shall be 15,000 square feet.
B. At least one lot frontage shall be a minimum of 100
feet.
C. Access.
(1) A maximum of two driveways and curb cuts shall be
permitted on each street frontage.
(2) All driveways shall be no less than 20 and no wider
than 30 feet in width.
(3) 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.
(4) Driveways shall create minimal conflict with pedestrian
access to the building from the parking lots and sidewalk abutting
the property.
D. Parking.
(1) The number of parking spaces shall be as specified in §
220-42.
(2) Parking lots shall be designed to provide pedestrian
safety.
E. Loading and unloading.
(1) Adequate space shall be provided for loading and unloading as specified in §
220-43.
(2) Off-street loading and unloading spaces shall be designed
to provide pedestrian safety.
F. 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.
[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.
A. All drive-through lanes shall be distinctly marked
and shall be separate from circulation lanes.
B. To the extent possible, lanes shall not cross any
principal pedestrian access to the building or site.
C. Stacking or queuing requirements.
(1) Fast-food restaurants:
(a) Minimum of 140 feet between start of lane to service window.
(b)
Minimum 80 feet from start of lane to order
station.
(c)
Minimum 60 feet from order station to service
window.
(2) Banks and other businesses: minimum of 100 feet from
start of lane to service window.
(3) 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.
(4) All uses shall maintain a minimum distance of 60 feet
from the service window to the public right-of-way or interior parking
aisles.
[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:
A. Any parking garage facade fronting on a primary street
shall achieve architectural unity/compatibility with the surrounding
structures that it is intended to serve.
B. 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.
C. Adjacent sidewalks shall be rebuilt as necessary and
shall be designed to promote pedestrian safety.
D. 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.
E. 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.
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:
A. Where swimming pools are permitted as an accessory
use, the following regulations must be complied with:
(1) 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.
(2) 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.
(3) 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.
(4) 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]
(5) 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]
B. Permits.
(1) 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]
(2) 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.
[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.
[Added 1-7-2019 by Ord.
No. 2018-006]
A. 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.
B. 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.
C. 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:
(1) Temporary structures are limited to the following: dumpster; storage
unit for property owner's noncommercial use; and portable toilet.
(2) 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.
(3) 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.
(4) 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.
(5) The application and fee must be filed at least three working days
prior to the placement of such temporary structures.
D. 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:
(1) 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.
(2) 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.
(3) 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]
(4) The temporary structure shall be promptly removed when the private
social gathering, private social event, any other gathering or event,
festival or exhibition is completed and, in any event, no later than
three working days.