[Amended 6-14-2016 by Ord. No. 17-02]
A. 
The maximum height of all structures is regulated per zoning district and set forth is Article VI, District Regulations. However, said limitations shall not apply to the height of a church spire, church belfry, clock or wireless tower, water tank, chimney or similar structure, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
B. 
Purpose. The purposes of this section's standards established herein to govern the use, construction and location of wireless communications facilities are:
(1) 
To accommodate the need for wireless communications facilities while regulating their location and number in the Town and to ensure compliance with all applicable governmental regulations.
(2) 
To minimize any adverse and visual effects of any wireless communications facilities antenna and antenna support structures through proper design, siting and screening.
(3) 
To ensure the structural integrity of the antenna support structure through compliance with applicable industry standards and regulations.
(4) 
To encourage the joint use of any new antenna support structures to reduce the number of such structures needed in the future.
(5) 
To promote the health, safety and welfare of the residents of the Town.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANTENNA
A device used to collect and/or transmit wireless communications or radio signals, including panels, microwave dishes and signal poles known as "whips." As used herein, the word "antenna" includes "antennas."
ANTENNA SUPPORT STRUCTURE
Any pole, telescope mast, tower, tripod, lattice construction steel structure or any other structure which 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.
LAND SITE
A tract or parcel of land that contains a wireless communications facility and associated parking and may include other uses associated with and ancillary to wireless communication transmission.
WIRELESS COMMUNICATIONS EQUIPMENT BUILDING
A building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communication facility is housed.
WIRELESS COMMUNICATIONS FACILITY
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 and not for noncommercial, residential purposes.
D. 
Use regulations.
(1) 
Attachment of facilities to existing antenna support structures:
(a) 
On any local sites owned by or in the possession and control of the Town, if approved by the Town Council as a conditional use.
(b) 
On any state, county and/or municipal site for its own internal communication needs only, if approved as a conditional use by the Town Council.
(c) 
On any private property, if approved by the Town Council as a conditional use.
(2) 
Erection of new antenna support structures and wireless communications facilities:
(a) 
On any local sites owned by or in the possession and control of the Town, if approved by the Town Council as a conditional use.
(b) 
On any state, county and/or municipal site for its own internal communication needs only, if approved as a conditional use by the Town Council.
(c) 
On any private property, if approved by the Town Council as a conditional use.
E. 
Application requirements. All applicants seeking conditional use to construct, erect, relocate or alter a wireless communications facility shall demonstrate compliance with this section in an application provided by the Town, accompanied by the fee, escrow funds and the following documents:
(1) 
Copy of the typical specifications for proposed structures and antennas, including description of design characteristics and material.
(2) 
A site plan to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property.
(3) 
A current map or updated map for an existing map on file, showing locations of the applicant's antennas, facilities, existing towers, and proposed towers, which are reflected in public records, serving any property within the Town.
(4) 
A report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with all the applicable national building standards for such facilities and structures.
(5) 
Identification of the owners of antennas and equipment to be located on the site.
(6) 
Written authorization from the site owner for the application.
(7) 
Evidence that a valid FCC license for the proposed activity has been issued.
(8) 
A line-of-sight analysis showing the potential visual and aesthetic impacts as well as any attract/detract lighting impacts of the adjacent districts.
(9) 
A written agreement to remove the tower and/or antenna within 180 days after cessation of use.
(10) 
Proof of liability insurance to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life, at no cost to the Town of Millville, in a form approved by the Town Solicitor.
(11) 
Evidence that applicable conditions in Subsection F of this section are met.
(12) 
Additional information required by the Town for determination that all applicable zoning regulations are met.
F. 
Standards. All applicants must show that all applicable standards are met.
(1) 
Location.
(a) 
The proposed communication tower, antenna or accessory structure will be placed in a reasonable available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by the applicable communications regulations and applicant's technical design requirements.
(b) 
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 antenna and the antenna support structure must be at the height proposed in order to satisfy their function in the applicant's regional plan or grid system. The applicant shall also demonstrate that the antenna height requested is not in excess of the minimum required to function satisfactorily.
(b) 
An antenna that is attached to a support structure, such as telephone, electric, or utility pole, existing wireless communications, cellular communications or personal communications services 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 support structure shall not have an antenna height or tower in excess of the height restrictions in the zoning district in which it is located.
(3) 
Setbacks. In addition to, and not in lieu of, any other applicable setbacks, the following shall apply under this section:
(a) 
The minimum distance between the base of any antenna support structure and any property line or right-of-way line shall be the largest of the following: the minimum yard setback in the underlying zoning district or 100% of the proposed antenna support structure height.
(b) 
The minimum distance between the base of any guy wire anchors and any property line of right-of-way shall equal 40% of the proposed antenna support structure.
(4) 
Fencing. A security fence shall be required around the antenna support structure and other equipment, unless each antenna is mounted on an existing structure. The security fence shall be a maximum of six feet in height and maintained in proper condition. No barbed wire or razor fencing will be permitted.
(5) 
Fully automated/required parking. The wireless communications facility 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. Notwithstanding any provision of this chapter permitting signage, no signs or other structure shall be mounted on the wireless communications facility, except as is required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), or other governmental agencies.
(7) 
Lighting. Antenna support structures shall meet all FAA regulations. No antenna support structure may be artificially lighted except when required by the 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. The applicant shall promptly report any outage or malfunctions of FAA-mandated lighting to the appropriate governmental authorities.
(8) 
Visual appearance. Antenna support structures shall be painted silver or have a galvanized finish or may be painted green up to the height of nearby trees to disguise their appearance. All wireless communications and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of like-facades to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
(9) 
Landscaping. The following landscaping shall be required to screen as much of the newly constructed antenna support structure, the fence surrounding the newly constructed antenna support structure, and any other newly-constructed ground-level features (such as a building) as possible and, in general, soften the appearance of the wireless communications facility. Listed below are the landscaping requirements:
(a) 
The disturbance of the existing topography shall be minimized unless such disturbance would result in less visual impact of the facility on the surrounding area.
(b) 
Existing vegetation on and around the land site shall be preserved to the greatest extent possible. Any tree or vegetative element which dies must be replaced within one month, ground permitting.
(c) 
An evergreen screen shall be required to surround the antenna support 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 wireless communications facility 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) 
Designed for co-location; notice to other users. In order to reduce the number of antenna support structures needed in the Town in the future, the proposed antenna support structure shall also be required to accommodate, where possible, other users, including other wireless communication, cellular communication and personal communication service provider companies, and local police, fire, and ambulance companies. Applicants shall provide documentary evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure.
(11) 
Review of site alternatives for new structures. If the applicant proposes to build an antenna support structure (as opposed to mounting the antenna on an existing structure), the applicant shall demonstrate with documentary evidence that it has contacted the owners of structures of suitable location and height (such as smoke stacks, water towers and buildings housing existing antenna support structures) within a one-mile radius of the site proposed, requested permission to install each antenna on those structures, and has been denied. An application to construct a new antenna support structure will be denied if the applicant has not made a good faith effort to mount all antennas on an existing structure as set forth in this subsection.
(12) 
Abandoned or unused portions of towers. Upon application for a tower or tower facility, the owner or agent of the tower must supply the Town of Millville 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, the top three feet of the footing and restore the site to its original condition within 60 days of vacation of the tower.
(13) 
Safety and maintenance. The applicant shall demonstrate that the proposed antenna and antenna structure and entire wireless communications facility are safe and are in accordance with the applicable regulations, and the surrounding properties will not be negatively affected by the antenna support structure failure, falling ice or debris.
(a) 
All antenna support structures shall be fitted with anti-climbing devices.
(b) 
The owner of the facility shall conduct radiation tests upon inauguration of service on an annual basis thereafter for a period of five years to assure compliance with ANSI C 95.1-1982, entitled "American National Safety Levels with Respect to Human Exposure to Radio Frequency and Electromagnetic."
(c) 
If 75% of the properties within a five-mile radius have an owner who complains of radio and/or television interference, the approval may be revoked.
(d) 
Any antenna structure, antenna support, 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 nonmaintenance from the Town.
(e) 
Vandalism and graffiti will be reported by the Code and Building Administrator. Violation notices shall be issued only after vandalism or graffiti has remained for more than 72 hours after being first noted by the Code and Building Administrator. If three violation notices are issued within a one-year period or less, this shall be interpreted as having received notice of nonmaintenance or declared as having abandoned the facility.
G. 
Application review and approval process.
(1) 
Upon receiving the prescribed fee, escrow monies and application form as well as the supportive application requirements as stated in Subsection E of this section, the applicant will provide eight copies of the application and supportive requirements to the Town of Millville for processing.
(2) 
The Code and Building Administrator will ensure that the application requirements have been met as stated in Subsection E of this section. If information is missing, the applicant will receive notification of the missing data item, and the application will not proceed until such requirements have been met. If all requirements have been met, the application will continue in the process. The application will be forwarded to the Town Solicitor and Town Engineer for the review of compliance with this chapter and other applicable regulations, to include other agencies with jurisdiction over such facilities.
(3) 
The process reviewed and approval for this application shall be as a conditional use as set forth in Chapter 155, Zoning, Article X, Conditional Uses, § 155-50, Procedures; preliminary site plan required.
(4) 
In addition, all applicants seeking to construct, erect, relocate or alter a wireless communications facility shall demonstrate that all property owners are notified within an area extending not less than 200 feet from the site of the proposed conditional use; provided, however, that in the event of the application the antenna support structure exceeds 200 feet, then the area of notification shall be extended to a distance equal to the height of the proposed antenna support structure. The written notification shall include the applicant's intent to construct, erect, relocate or alter a wireless communications facility. Such notice shall also contain the date and time of the hearing before the Town Council of the Town of Millville where the applicant will appear and demonstrate compliance with the provisions of this chapter. Said applicant will provide a list of the names and addresses of all property owners within the required area as well as a sample letter that was sent.
(5) 
The Town of Millville Planning and Zoning Committee will review the application and forward a recommendation to the Town Council of Millville for consideration during a public hearing.
(6) 
The Town Council of Millville will hear the application during the advertised public hearing. The Town Council will hear all of the public comments in regard to the application prior to rendering a decision.
(7) 
The Town administration will notify the applicant of the Town Council's decision in writing no later than 30 days after said hearing and shall ensure that copy is placed in the appropriate file for recordkeeping purposes.
H. 
Criteria for approval of conditional use.
(1) 
In conducting its review and/or making its determination to allow a telecommunications antenna facility as a conditional use, the Town Council, after recommendation from the Planning and Zoning Committee, shall, in addition to any other matters it may choose to consider, consider the following:
(a) 
Whether the proposed structure complies with all the required standards and criteria listed in the chapter.
(b) 
Compatibility of the proposed structure with the height and mass of the existing buildings in the area.
(c) 
The location of the antenna in relation to existing vegetation, topography, and buildings to obtain the best visual screening.
(d) 
Visual and economic impact upon adjacent properties.
(e) 
Compliance with Federal Communications Commission (FCC) emission standards.
(f) 
Whether placement of the structure in the proposed location will result in a significant impact to other uses or the reception or transmission of existing facilities.
(g) 
Each tower location shall evaluate whether the co-location on other existing structures in the same vicinity, such as other towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is possible without significantly impacting antenna transmissions or reception. However, for location on such existing structures and poles, telecommunications facilities must meet the following additional requirements:
[1] 
No lighting shall be placed on the site that further illuminates, advertises, or draws attention to any part of the facility; and
[2] 
The mounting of such facility complies in all respects with all other provisions of this chapter.
(h) 
That the proposed facilities will not be injurious to the health, safety and welfare of the community.
(2) 
The Town Council may approve the conditional use application with additional conditions.
A. 
No part of a building shall be erected within or shall project into the front and rear yard setback areas except:
(1) 
Cornices, eaves, gutters and chimneys projecting not more than 18 inches;
(2) 
Bay windows not extending through more than one story and not projecting more than three feet;
(3) 
One-story open porches, concrete patios, and decks, projecting not more than five feet;
[Amended 1-9-2018 by Ord. No. 18-04]
(4) 
Steps and balconies, projecting not more than five feet; and
(5) 
Paver patios may encroach no more than half the distance from the rear yard setback to the rear property line.
[Added 1-9-2018 by Ord. No. 18-04]
B. 
No part of a structure shall be erected within nor project into any side yard setback area, except:
[Amended 2-11-2020 by Ord. No. 20-08]
(1) 
Cornices, eaves, gutters or chimneys projecting not more than 18 inches.
(2) 
One private walkway encroaching into the side yard setback along the side of a house but not be closer than two feet at any point to any property line.
(3) 
Mechanical pads/brackets, no greater than 12 square feet, to hold mechanical equipment for the building's systems, together with the mechanical equipment itself.
[Added 12-14-2021 by Ord. No. 22-02]
(4) 
Steps to porches/patios consisting of no greater than three treads each measuring 10 inches in depth.
[Added 12-14-2021 by Ord. No. 22-02]
C. 
Accessory structure and uses.
(1) 
Any accessory structure attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard setback requirements for the principal building, regardless of the technique of connecting the principal and accessory buildings.
(2) 
Accessory buildings which are not a part of the main building, and are not a detached accessory garage, may be constructed in a rear yard setback area, provided that such accessory building does not contain more than 400 square feet of area in the Residential District or 600 square feet of area in another permitted district, and provided that the accessory building shall be located at least five feet from a side lot line and at least five feet from a rear lot line.
[Amended 1-14-2014 by Ord. No. 14-02; 1-9-2018 by Ord. No. 18-04]
(3) 
Except as herein provided, no accessory building shall project beyond a required yard line along any street.
(4) 
Accessory uses may be conducted on any lot, provided the use complies with the provisions of this chapter.
(5) 
Height and area of accessory building. Accessory buildings shall not exceed one story or 18 feet in height and may not occupy more than 20% of the yard in which it is located or a maximum of 600 square feet, whichever is smaller, except that agricultural buildings are excluded from these requirements.
(6) 
Patios that are not part of a building may extend not more than five feet into the front and rear yard setback area.
[Added 1-9-2018 by Ord. No. 18-04[1]][2]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection A(6) as Subsection A(7).
[2]
Editor's Note: Former Subsection C(7), Temporary tents, added 1-26-2010 by Ord. No. 10-05, which immediately followed this subsection, was repealed 5-8-2018 by Ord. No. 19-02.
[Amended 11-13-2018 by Ord. No. 19-07; 1-10-2023 by Ord. No. 23-03]
A. 
There shall be only one principal use and one building on any lot in any district with a residential use, except apartment or townhouse developments receiving site plan approval where all uses are permitted for that zone.
B. 
The minimum gross livable floor area (as defined by the applicable International Residential Code) per residential unit other than apartments is 1,200 square feet.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street and all structures shall have safe and convenient access for servicing, fire protection and required off-street parking.
A. 
On any corner lot, no wall, fence, or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring views.
B. 
Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any yard or along the sides or front edge of any front yard, provided they shall not be over four feet in height. No fence or wall along the rear side or rear edge of any yard shall be over six feet in height.
In any district on a corner lot, sight distance triangles shall be required, in which no grading, planting or structures shall be erected or maintained along the street side more than one foot above the street center line.
A. 
In the setback areas of any commercial establishment in any zoning district adjacent to Route 26 or Route 17, a landscape plan shall be submitted and approved with each site plan. Setback areas shall retain existing vegetated areas to the maximum extent possible. Screening of service yards and other places that tend to be unsightly shall be accomplished by the use of walls, fencing, planting or combinations of these. Screening shall be effective in winter and summer. In areas where vegetation does not exist, additional landscaping shall be provided utilizing earth mounds or plant material, or both. Landscape plantings should be indigenous to local areas and should provide a soft visual buffer between the roadway and the commercial use. Nonnative invasive species are prohibited.
B. 
All open areas other than those areas used for parking purposes shall be landscaped and maintained by the property owner.
The front of the building as determined by the owner of any corner lot shall not be used for the storage of motor vehicles, garbage cans or trash cans. The front of any such building shall also have an entranceway into the building.
In the case of a lot extending through from one street to another, front yard setback requirements shall be observed on both streets.
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
Mobile homes are prohibited in all districts.
A. 
Automotive vehicles of any type or kind without current license plates shall not be parked or stored on any property other than completely within enclosed buildings.
B. 
For purposes of this chapter, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, camper trailers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment whether occupied by such equipment or not.
C. 
No major recreational equipment shall be parked or stored on any lot in a residential zone except in a carport or enclosed building or behind the farthest building from the street unless space prohibits. If space is not available behind the farthest building, vehicles may be parked or stored in a side yard unobtrusive to neighbors.
D. 
Such equipment may, however, be parked anywhere on residential property not to exceed 24 hours during loading or unloading.
E. 
No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on residential property.
F. 
Property owners who wish to sell their own private vehicle may place it for sale on their property for a period not to exceed 30 days so long as such vehicle is at least 20 feet from the road right-of-way and in no way obstructs traffic or the vision of motorists.
A. 
Purpose. In order to facilitate the movement of police, fire and other emergency vehicles, to lessen congestion in the streets, to prevent obstructing traffic and blocking of streets, alleys, and entrances to buildings, the following regulations are established.
B. 
Specific requirements by use. Any building or structure erected or structurally altered, or any building or structure converted or changed to the uses provided below shall provide the required off-street parking facilities.[1]
[1]
Editor's Note: The table showing off-street parking requirements by use is included as an attachment to this chapter.
C. 
Design standards for parking areas:
(1) 
An off-street parking space is an all-weather, surfaced area;
(2) 
Not located in any street or alley;
(3) 
Off-street parking spaces shall not be less than 10 feet by 20 feet in size, exclusive of driveways and maneuvering areas;
(4) 
Permanently reserved for the temporary storage of one vehicle;
(5) 
Connected with a street or alley by a paved driveway which affords ingress and egress;
(6) 
Each parking space shall be set back a minimum of 20 feet from the public right-of-way;
(7) 
There shall be no more than one driveway per 100 feet of lot frontage;
(8) 
Off-street parking facilities shall be drained to eliminate standing water, prevent damage to abutting property and/or public streets or alleys;
(9) 
Surfaced with erosive-resistant material in accordance with the specifications of the Delaware Department of Transportation;
(10) 
Off-street parking facilities shall be maintained in a clean and orderly condition at the expense of the owner or lessee of the premises;
(11) 
May not be used for the sale, repair or dismantling or servicing of any vehicles, equipment, material or supplies;
(12) 
Parking spaces in lots of more than five spaces shall be marked by painted lines or curbs or by other means as necessary to insure efficient traffic operation of parking facilities;
(13) 
Parking may be permitted in the setback areas, provided that no more than 50% of any setback area may be used for off-street parking and the remaining portion of the setback area shall be landscaped. Parking shall be permitted in rear yard setback areas; provided, however, that a fifteen-foot landscaped buffer is required between parking and adjacent residential uses. Parking is not permitted in front yard setback areas;
(14) 
Parking lots with 25 spaces or more shall plant one shade tree for every 10 spaces on the parking lot premises; and
(15) 
C1 and C2 commercial district parking designs are as follows:
[Added 8-11-2015 by Ord. No. 16-01]
(a) 
For buildings over 5,000 square feet accommodating multiple principal uses (such as those in small shopping centers), the total amount of required parking may be reduced by up to 5% for each additional 5,000 square feet of floor area. Thus a five-thousand-square-foot retail building would require 16.67 spaces (at one per 300 square feet) but a mixed-use ten-thousand-square-foot building would require only 30 spaces.
(b) 
When a site plan is submitted for a proposed commercial property and shows significant improvements to the designated parking area, the Town Council may approve a reduction in the number of required parking spaces for good cause shown. Improvements and good design (in excess of minimum requirements) to the parking lot area includes landscaping, site amenities, improved access and flow, safe pedestrian walkways and alternative pervious pavement treatments.
D. 
Location of parking. A private parking area shall not be located in any required front yard space, except that nothing shall prohibit an owner of a home from counting his driveway as one parking space per dwelling unit.
A. 
Buffer. Buffer areas are required along property and street lines of all commercial, industrial, and institutional (e.g., churches, schools, hospitals) uses where said property lines or the center of the street are also zoning district lines. Buffer areas shall comply with the following standards:
(1) 
The buffer area shall be measured from the district boundary line or from the nearest street line where that street center line serves as the district boundary line.
(2) 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass.
(3) 
No structure, activity, storage of materials, or parking of vehicles shall be permitted in the buffer area or such large portions of the buffer area as specified for a particular zoning district in Article VI. However, access drives from public streets, one unlighted directional sign per each direction of traffic per access drive, and permitted signs as specified in Article IX shall be permitted in the buffer area.
(4) 
Buffer widths established in each zoning district shall meet the following requirements. No less than the exterior half of the buffer area shall be planted and maintained with grass or ground cover, massed evergreens, and deciduous trees and shrubs of such species and size as will produce, within two growing seasons, a screen at least five feet in height and of such density as will obscure, throughout the full course of the year, all of the glare of automobile headlights emitted from the premises. The preservation of all natural features shall be an integral part of all site plans regardless of their proximity to required buffer areas.
(a) 
Massed evergreens used in screen planting shall be at least five feet in height when planted and produce a visual screen year-round.
(b) 
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(c) 
The screen planting shall be so placed that at maturity it will be no closer than three feet from any street or property line.
(d) 
In accordance with the provisions of Article VII, § 155-21, a clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
(e) 
The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.
(5) 
No screen planting shall be required along streets which form district boundary lines, provided that:
(a) 
No outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located to be visible from the adjacent residential district or street.
(b) 
Only the front of any proposed building shall be visible from the adjacent residential district.
B. 
Buffer zones for wetlands.
(1) 
"Wetlands" is defined as a private or state wetland as defined by the Delaware Department of Natural Resources and Environmental Control regulations and maps as promulgated pursuant to Chapter 66, Title 7, of the Delaware Code, as amended.
(2) 
A fifty-foot buffer zone is hereby established from all designated wetlands. A buffer of 100 feet shall be maintained from the mean high water line of tidal waters, tidal tributary streams, and tidal wetlands and from the ordinary high water line of perennial nontidal rivers and nontidal streams in Millville. Tax ditch buffers shall be established by the Delaware Department of Natural Resources and Environmental Control (DNREC).
(3) 
No structures, streets, roads, lot lines or other improvements, except those required for stormwater management or erosion and sediment control shall be constructed in the buffer zone. The buffer zone shall be maintained in natural vegetation, but may also include planted vegetation where necessary to protect, stabilize or enhance the wetlands area. The buffer may contain walking trails and other passive recreation amenities, as appropriate.
C. 
Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as a result of the operation of such equipment.
D. 
Glare. Exterior lighting shall be shielded, buffered, and directed so that glare will not become a nuisance to adjoining properties, adjoining districts, or streets.
E. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams, or other watercourses.
F. 
Odor. Odors shall not be discernible at the lot lines or beyond.
G. 
Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may not be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse, or underground aquifer or otherwise render such stream, watercourse, or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream, watercourse, or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.
H. 
Other standards. All other standards, including but not limited to: radiation, smoke emission, solid particle emission or steam or noxious gas emission shall be regulated by the Air Pollution Code of the State of Delaware and shall meet the maximum standards set forth therein.
As permitted in Article IX relating to general sign regulations.
A. 
No gas/service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any fire house, school, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut.
B. 
All appliances, pits, storage areas, and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations, but shall be no closer than 50 feet to any future street line or 20 feet to any property line. All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building. New automotive parts or accessories for sale or used in the conduct of the business may be displayed during the business hours of the establishment but must be located at least 20 feet from any street or property line.
C. 
No junked motor vehicles or part thereof, or motor vehicles incapable of normal operation upon the highways, shall be permitted on the premises of any gas/service station. It shall be deemed evidence of violation of this chapter if more than four motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building; excepting, however, that a number not exceeding six motor vehicles may be located upon any gas/service station premises outside of a closed and roofed building but a least 20 feet from any street or property line for a period of time not to exceed four days and providing the owners are awaiting repair of said motor vehicles.
D. 
A buffer strip not less than 10 feet wide shall be provided along all lot lines, which form a common boundary with any residential district.
[Added 12-11-2007 by Ord. No. 07-14]
A. 
Stormwater retention ponds designed to be a true wet pond will be designed in such a manner as to provide adequate aeration using such devices as fountains or aerators, etc.
B. 
All stormwater ponds will to the greatest extent possible be designed, constructed and landscaped in such a way as to blend with the landscape and appear as natural looking as possible to be an aesthetic feature for the site.
C. 
A landscaping plan for a stormwater pond and its buffer area indicating how aquatic and terrestrial areas will be vegetatively stabilized and established is required. Landscape plants should be those recommended by the Sussex Conservation District for Best Management Practices.
D. 
Maintenance. Whenever a landowner, developer or development is required to provide on-site stormwater retention and/or surface drainage to wetland, or whenever other protective environmental measures including monitoring devices are required, such measures or facilities shall be provided and maintained at the landowner, developer or HOA expense. The landowner, developer or HOA shall provide satisfactory assurance to the municipality whether by written agreement that the landowner, developer or HOA will bear the responsibility for providing and maintaining such methods or facilities.