No building shall hereafter be erected, used, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner, except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district wherein it is located and so that all lots have the minimum required frontage on a street.
A. 
Purpose. The purpose of this district is to provide for the protection of the medium-density single-family pattern which already exists throughout much of the Town area and to provide for its proper extension into those currently undeveloped areas in the western area of the Town. The concurrent provision of public facilities, particularly public water and sewer and recreational sites, is anticipated in connection with the goals of the Comprehensive Plan.
B. 
Principal permitted uses on the land and in buildings.
(1) 
Principal permitted uses on the land and in buildings shall be as follows:
(a) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1)(a), Agricultural uses, was repealed 10-5-1998.
(b) 
Detached single-family dwellings and farms.
(c) 
Public recreational purposes, including fishing, trapping, forest and wildlife preserves and other outdoor sports, public swimming pools (see § 210-46B), playgrounds, parks, tennis courts, ball fields and regulation golf courses.
(d) 
Schools, churches, parish houses, rectories, funeral homes, libraries, museums, art galleries, municipal buildings, country clubs and community centers.
(e) 
Buildings or land used exclusively by federal, state, county or Town government for public purposes.
(f) 
Clinics and convalescent homes.
(g) 
Cluster development. (See § 210-56.)
(h) 
Fire station and accessory structures on the same parcel or parcels owned by the fire station as a conditional use. Such accessory structure or building shall not exceed 900 square feet and shall not occupy more than 20% of said parcel or lot.
[Added 7-7-2003]
(i) 
Assisted living facilities.
[Added 2-6-2012]
(j) 
Early childhood learning/day-care facilities.
[Added 4-7-2014]
(2) 
See § 210-34, Site plan review.
C. 
Accessory uses permitted.
(1) 
Accessory uses permitted in the Medium-Density Residential District shall be as follows:
(a) 
Farm stands.
(b) 
Private residential swimming pools. (See § 210-46.)
(c) 
Barns, tool sheds, greenhouses and customary accessory buildings to farms, including temporary housing facilities for farm workers actually working on the farm, provided that they are occupied only on a seasonal basis, are not mobile homes, tents or trailers, and meet all state and local rules and regulations.
(d) 
Off-street parking and loading.
(e) 
Travel trailers and camper trailers to be parked or stored only. They may not be occupied at any time.
(f) 
Clubhouses, snack bars and locker rooms at golf courses and swimming pools.
(g) 
Fences and walls.
(h) 
Customary home occupations as defined in Article II.
[Amended 6-7-1993; 10-4-1993; 12-6-1993; 2-3-1997]
(i) 
Boat docks and boathouses.
(j) 
Flea market sales or yard sales conducted on the premises for the sale of personal property owned by the owner or lessee of the land and the principal building located on the parcel where the sale is to be conducted; provided, however, that not more than three flea market sales or yard sales shall be conducted in each calendar year in this district pursuant to this subsection.
[Added 9-3-1985]
(2) 
Accessory buildings as part of a single-family dwelling shall not exceed 900 square feet, except that farm buildings on farms shall not be counted in computing this square footage.
(3) 
See § 210-31, Accessory buildings, and § 210-45, Site plan review.
D. 
Building height. No building shall exceed 35 feet in height, except as outlined in § 210-55.
E. 
Area and yard requirements.
[Amended 8-4-1980]
(1) 
The following requirements shall apply to all uses in the zone, except for those enumerated under Subsection E(2) below:
[Amended 12-2-2002; 1-6-2003; 11-7-2022]
Minimum
Lot area
13,000 square feet
Lot frontage
100 feet
Lot depth
130 feet
Each side yard
10 feet
For lots with less than 75 feet in width (lot frontage) existing at the time of this amendment (January 6, 2003)
6 feet
Front yard setback
10 feet
Rear yard setback
10 feet
Maximum
Coverage of the lot, including the principal building and all accessory buildings
60%
(2) 
Exceptions.
(a) 
Golf courses, schools, government buildings and agricultural uses.
(b) 
Churches and community centers.
(3) 
Farm stands shall be set back at least 80 feet from the street right-of-way.
(4) 
For cluster development, see § 210-56.
(5) 
For RPC requirements, see §§ 210-20 and 210-59.
[Added 6-3-2002]
F. 
Minimum off-street parking.
(1) 
Minimum off-street parking shall be as follows:
(a) 
Two spaces shall be provided per dwelling unit.
(b) 
One space shall be provided for each five seats in a church, school, auditorium or other place of public assembly.
(c) 
Public buildings and government buildings shall provide one space for every 100 square feet gross floor area.
(d) 
Funeral homes shall provide one space for each five seats.
(e) 
Clubhouses and golf courses shall provide sufficient spaces and maneuvering area to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
(f) 
Any use having access only from a collector or arterial street as shown on an adopted Comprehensive Plan or Official Map shall provide a paved turnaround area on the site.
(g) 
Schools shall provide one space per employee for grades kindergarten through 10th grade and 2.5 spaces per employee for grades 11 and 12 and in all cases sufficient space for school bus loading and unloading.
(h) 
Farm stands shall provide a minimum of six spaces, plus one space for each 300 square feet of building coverage or fraction thereof.
(i) 
Home occupations shall provide one space per 100 square feet of gross floor area devoted to the home occupation. A family home day-care center shall provide two parking spaces for occupants/residents and two additional spaces in addition to the requirements listed herein.
[Amended 8-2-1999]
(j) 
Convalescent homes shall provide one space per every 10 beds, plus one space per employee.
(k) 
Clinics shall provide one parking space for every 150 square feet of rentable area.
(2) 
See also the additional parking requirements in § 210-40, Off-street parking and loading; driveways.
[Amended 11-7-2022]
(3) 
All parking lots shall be lighted in accordance with § 210-37.
G. 
Minimum off-street loading space. All nonresidential uses shall show properly dimensioned loading spaces on the site plan as appropriate for the proposed use and separate from off-street parking areas.
H. 
Signs: subject to the regulations in § 210-44, Signs.
[Amended 4-4-2011]
(1) 
Permitted signs:
(a) 
Signs permitted in all districts.
(b) 
Customary signs and fixed symbols, in conjunction with residential usage such as mailbox signs, names of residences and house/unit numbers.
(c) 
One ground or monument sign for any residential community or multiple-family complex having six or fewer units, school, church, or other institution permitted in the residential district, not to exceed 36 square feet on each side. Such sign shall not exceed a maximum height of eight feet and shall be placed at least two feet from the right-of-way. If the community has one common entrance, it may have two signs, either wall or ground/monument, each no larger than 36 square feet, which may be placed on each side of the common entrance with the name of the project or development appearing on one side of each sign (i.e., each sign must be single-faced). In the alternative, a community may have one double-faced sign, either wall or ground/monument, which shall not be larger than 36 square feet on each side and which may be placed in the median or center divide of the entrance, provided the sign does not impair the line of sight of motorists traveling through the entrance.
(d) 
Wall signs for residential communities or multiple-family complexes having six or more units and/or nonresidential uses: one ground/monument or wall sign at the primary entrance to the community, not to exceed 36 square feet. Such sign shall not exceed a maximum height of eight feet and shall be placed at least two feet from the right-of-way. If the development or subdivision has one common entrance, it may have two signs, either wall or ground/monument, each no larger than 36 square feet, which may be placed on each side of the common entrance with the name of the project or development appearing on one side of each sign (i.e., each sign must be single-faced). In the alternative, a community may have one double-faced sign, either wall or ground/monument, which shall not be larger than 36 square feet on each side and which may be placed in the median or center divide of the entrance, provided the sign does not impair the line of sight of motorists traveling through the entrance. There may also be one ground/monument or wall sign at the secondary entrance, not to exceed eight square feet.
(e) 
Permitted home occupations and bed-and-breakfast establishments:
[1] 
One ground identification sign, not exceeding three square feet in area; the top of which shall be not more than four feet in height from grade; and which shall be located not less than two feet from the public right-of-way; or
[2] 
One wall identification sign, not exceeding three square feet in area, which shall be affixed flat against the structure at the first floor level only; or
[3] 
One projecting sign, not exceeding three square feet in area; projecting a maximum of two feet from the wall of the structure at first floor level only; and the bottom of which shall not be less than eight feet from grade. Any sign must be placed or sized so as not to impede visibility of vehicular traffic.
(f) 
Legal nonresidential uses: one unlighted or illuminated ground, monument or wall sign, not exceeding 12 square feet on each side; shall be located not less than two feet from the street or right-of-way; and shall not exceed eight feet in height from grade.
(2) 
Standards for approval:
(a) 
Sign shall be consistent with the architectural features of the building on which it is placed.
(b) 
Sign shall not obstruct or destroy unique architectural features of the building nor of surrounding buildings.
(3) 
Windblown displays may be flown or displayed, provided that:
(a) 
A permit for temporary signage is obtained as required by Subsection E(1)(n) of § 210-44.
(b) 
No windblown display shall be permitted on any lot or unit carrying a commercial message in conjunction with a commercial use or activity occurring on any other specific lot or unit within the Town.
(c) 
Where flown or displayed upon any lot or unit upon or in which a commercial use or activity is occurring, the following restrictions shall apply:
[1] 
A single dwelling unit on a single lot; home occupation: one windblown display not exceeding 15 square feet in area and no higher than 10 feet from grade. Such display shall only be used from 7:00 a.m. to 7:00 p.m.
[2] 
Community: no more than six windblown displays; on one street frontage only; maximum 15 square feet in area for each display. Such display shall only be used from 7:00 a.m. to 7:00 p.m.
[3] 
Commercial or institutional use on one lot: one windblown display not exceeding 15 square feet in area and no higher than 10 feet from grade. Such display shall only be used from 7:00 a.m. to 7:00 p.m.
[4] 
Except for governmental flags, no windblown display shall be illuminated in any fashion.
[5] 
No windblown display or commercial flag shall interfere with pedestrian or vehicular travel.
(d) 
Governmental flags may be illuminated by any conventional means, except that:
[1] 
Revolving, flashing, animated, or moving lights shall not be permitted.
[2] 
All such illuminated flags shall be flown or displayed from the same flagpole, staff or similar device.
I. 
Special provisions for cluster development regulations, see § 210-56.
J. 
Conditional uses subject to regulations of § 210-51:
[Added 5-6-1996]
(1) 
Retail sales.
(2) 
Wholesale of confections, paper and plastic consumer products and sanitary maintenance supplies.
[Added 9-3-1996]
(3) 
Temporary commercial structures or shelters while construction on the premises is in progress for the purpose of conducting business related to the primary permitted use on the premises. Conditions to be considered include:
[Added 10-30-2005]
(a) 
The hours of operation shall be stated and approved by the Town.
(b) 
The structure shall meet applicable building codes for temporary structures.
(c) 
Adequate arrangements for temporary sanitary facilities must be approved by the Town.
(d) 
No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.
(e) 
Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.
(f) 
All temporary structures shall be provided in an attractive manner including skirting, landscaping and attractive exterior treatment.
(g) 
A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.
(h) 
Conditional use for such temporary structures shall be for one year.
A. 
Purpose. This district is intended to provide an opportunity of higher density uses to diversify the housing resources of the Town. Apartments and townhouses located near the more densely developed portions of the region with access to major highways, shopping facilities and industrial areas provide a wider variety of housing choice serving basic housing needs, as well as conveniences to the anticipated industrial and commercial growth.
B. 
Principal permitted uses on the land and in buildings shall be as follows:
(1) 
All uses permitted in the MR District.
(2) 
Garden apartments.
(3) 
Townhouses.
(4) 
Two-family detached dwelling, subject to the regulations in Subsection I of this section.
[Added 10-7-1985; amended 4-7-1997]
C. 
Accessory uses permitted:
(1) 
All accessory uses permitted in the MR District.
(2) 
Swimming pools for residents in apartment and townhouses complexes.
(3) 
An office may be located within an apartment and/or townhouse development, provided that its total business is directly related to the management of such apartment and/or townhouse complex.
D. 
Building height. No building shall exceed 40 feet in height, except as outlined in § 210-55.
E. 
Area and yard requirements.
(1) 
All uses permitted in the MR District shall adhere to the area and yard requirements for that district.
(2) 
For RPC requirements, see §§ 210-20 and 210-59.
[Added 6-3-2002]
F. 
Minimum off-street parking.
(1) 
All uses permitted in the MR District shall adhere to the parking requirements for that district.
(2) 
Two spaces shall be provided for each townhouse or apartment dwelling unit with two or more bedrooms.
(3) 
One and one-half spaces shall be provided for each efficiency-type townhouse or apartment dwelling unit and for each unit with one bedroom.
(4) 
See also the additional parking requirements in § 210-40, Off-street parking and loading; driveways.
[Added 11-7-2022]
G. 
Minimum off-street loading. For all uses permitted in the MR District, the loading requirements for such district shall be applied.
H. 
Signs: subject to the regulations in § 210-44, Signs.
[Amended 4-4-2011]
(1) 
All signs as permitted in the Medium-Density Residential (MR) District.
I. 
Two-family detached dwelling (duplex).
[Added 4-7-1997]
(1) 
The maximum size parcel for development is six acres.
(2) 
The minimum lot area shall be 8,000 square feet per unit and 16,000 square feet per duplex.
(3) 
The maximum number of units shall be four per acre.
(4) 
Access from each unit and duplex shall be directly to a street or highway.
(5) 
The maximum coverage of the lot shall not exceed 30% for the principal building and all accessory buildings.
(6) 
The minimum yard requirements shall be 10 feet front yard setback; 10 feet rear yard setback; and 10 feet each side yard setback.
(7) 
The minimum lot frontage shall be 100 feet.
J. 
Conditional uses subject to regulations of § 210-51 shall be as follows:
[Added 5-1-2000]
(1) 
Retail sales.
(2) 
Day-care centers.
[Added 4-2-2001]
(3) 
Temporary commercial structures or shelters while construction on the premises is in progress for the purpose of conducting business related to the primary permitted use on the premises. Conditions to be considered include:
[Added 10-30-2005]
(a) 
The hours of operation shall be stated and approved by the Town.
(b) 
The structure shall meet applicable building codes for temporary structures.
(c) 
Adequate arrangements for temporary sanitary facilities must be approved by the Town.
(d) 
No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.
(e) 
Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.
(f) 
All temporary structures shall be provided in an attractive manner, including skirting, landscaping and attractive exterior treatment.
(g) 
A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.
(h) 
Conditional use for such temporary structures shall be for one year.
A. 
Purpose. This district is intended to provide for higher density residential uses of a particular type as an extension of the mobile home park already in existence in the Town. It is intended that as expansion occurs, optimum recreation and open space will be provided. The mobile home park shall meet all applicable Town ordinances in addition to the terms of this chapter.
B. 
Principal permitted uses on the land and in buildings: mobile home park.
C. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Swimming pools and other allied recreational facilities.
(3) 
Accessory buildings not to exceed 600 square feet.
(4) 
Flea market sales or yard sales conducted on the premises for the sale of personal property owned by the owner or lessee of the land and the principal building located on the parcel where the sale is to be conducted; provided, however, that not more than three flea market sales or yard sales shall be conducted in each calendar year in this district pursuant to this subsection.
[Added 9-3-1985]
D. 
Building height. No building shall exceed 35 feet in height, except as outlined in § 210-55.
E. 
Area and yard requirements.
(1) 
Mobile home parks shall not exceed a density of five dwelling units per acre. Minimum tract size shall be five acres. Minimum front yard shall be 25 feet; minimum side yards shall be 15 feet; minimum rear yard shall be 15 feet.
(2) 
Each mobile home lot within the mobile home park shall have a minimum lot width of 60 feet and a minimum lot depth of 110 feet.
(3) 
Lot coverage shall not exceed 28%.
(4) 
Active recreation areas equal to 10% of the acreage of the mobile home park shall be provided in suitable locations within the park.
F. 
Minimum off-street parking. Two spaces per mobile home lot so located to provide convenient and safe access to mobile homes shall be provided. See also the additional parking requirements in § 210-40, Off-street parking and loading; driveways.
[Amended 11-7-2022]
G. 
Minimum off-street loading: not applicable.
H. 
Signs: subject to the regulations in § 210-44, Signs.
[Amended 4-4-2011]
(1) 
All signs as permitted in the Medium-Density Residential (MR) District.
A. 
Purpose. The purpose of this district is to accommodate the central business district of the Town of Millsboro. This zone seeks to provide for the optimum regulation of local commercial activities so that these may be encouraged to develop in beneficial relation to one another and to the immediate residential areas from which they must draw their support.
B. 
Principal permitted uses on the land and in buildings shall be as follows:
(1) 
General retail stores, limited to groceries, drugs, bakeries, florists, liquor, clothing, hardware, antiques, books, shoes, appliances, fabrics, furniture, garden and farm supplies, jewelry, hobbies, paints, sporting goods, stationery and newsstands.
(2) 
Professional and general business offices.
(3) 
Personal service shops, limited to barbers, beauty parlors, dry cleaners and tailors, laundromats, shoe repair, photographers and appliance repairs.
(4) 
Ice cream parlors.
[Amended 9-7-2010]
(5) 
Banks, including drive-in.
(6) 
Printing, publishing and engraving.
(7) 
Funeral homes.
(8) 
Public utility offices and installations.
(9) 
Government buildings.
(10) 
Bowling alleys.
(11) 
Bed-and-breakfast inn.
(12) 
Day-care center.
[Added 1-2-1990]
(13) 
Drive-in restaurant, an eatery whose primary activity is walk-up, drive-through or carry-out food service.
[Added 4-3-2000]
(14) 
Restaurants and eateries, subject to the requirements of § 210-45.
[Added 9-7-2010]
(15) 
Dairy distribution center (no manufacturing, farming, pasteurizing or production activities permitted on the premises).
[Added 10-3-2016]
C. 
Accessory uses permitted.
(1) 
Permitted accessory uses shall be as follows:
(a) 
Off-street parking, fences and walls.
(b) 
Signs per § 210-44.
(c) 
Ice cream parlor, provided the principal permitted use with which it is associated and to which it is subordinate and incidental is a dairy distribution center.
[Added 10-3-2016]
(2) 
See § 210-45, Site plan review.
D. 
Building height. No building shall exceed 35 feet in height, except as outlined in § 210-55.
E. 
Area and yard requirements.
(1) 
There shall be no minimum lot size requirement in the UB District.
(2) 
All buildings in the UB District may be attached or may abut. In the event that buildings are not attached or do not abut, the separation shall be a minimum of 10 feet in order to provide access to the property by fire apparatus. Such opening or alley shall be lighted and kept free of debris and may serve as pedestrian access only to parking areas and streets.
(3) 
The first floor level of any use permitted in the UB District may occupy 100% of the lot area in the UB District if adequate parking is provided within 500 feet of the building. In all other cases the required parking shall be provided on site.
F. 
Minimum off-street parking.
(1) 
For uses permitted in the MR District, the requirements of that district shall apply.
(2) 
For all other uses, one space per 200 square feet of floor area shall be provided.
(3) 
Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s) where feasible to minimize access points to the street.
(4) 
See § 210-40, parking.
G. 
Minimum off-street loading.
(1) 
One space per building shall be provided.
(2) 
See § 210-40, parking and loading.
H. 
Signs: subject to the regulations in § 210-44, Signs.
[Amended 4-4-2011]
(1) 
Signs permitted in all districts.
(2) 
For uses permitted in the Medium-Density (MR) District, the requirements of that district shall apply.
(3) 
Each commercial business or use shall have a window or door sign with the name of the business and displaying the physical address of the business, use, or property with letters and numbers a minimum of four inches and maximum of six inches in height.
(4) 
Each commercial unit may have one internally or externally illuminated or unlighted awning, projecting, or marquee sign, not exceeding six square feet, with one such sign for each side of the structure facing a public street. Any projecting or awning sign shall not extend more than three feet from the face of the building; the bottom of which shall not be closer to the sidewalk or grade level than 8 1/2 feet; and the top of which shall have a maximum height from sidewalk or grade level of 12 feet.
[Amended 5-1-2017]
(5) 
Each commercial business or use may have one illuminated or unlighted window sign not to exceed 50% of the area of the glass in the window, for each window.
(6) 
Each commercial unit may have one internally or externally illuminated or unlighted wall sign, mounted flat to the building, and the sign shall be no larger than 30 square feet in size. For units and structures that have access from both Main Street and Washington Street, there may be one such sign for Main Street and one such sign for Washington Street. In lieu of a wall sign, each commercial unit may have a monument sign. In such cases, the monument sign shall be no larger than 100 square feet in size and shall be subject to a right-of-way setback of 15 feet.
[Amended 5-1-2017]
(7) 
Legal nonconforming businesses or uses shall be subject to the same regulations as permitted businesses and uses.
(8) 
Windblown displays as permitted in the Medium-Density Residential (MR) District.
(9) 
Where the building(s) is designed for side or rear entrances, one unlighted wall sign may be attached to the building at the side and/or rear entrances, each sign not to exceed 10 square feet.
(10) 
For commercial units with multiple businesses contained therein, each business for which a business license has been issued by the Town, that is located and operating out of the commercial unit, shall be permitted to have one sign meeting the size requirements established in Subsection H(4) above.
I. 
Conditional uses subject to regulations of § 210-51 shall be as follows:
[Added 9-2-1997]
(1) 
Single-family dwellings as an accessory use.
[Amended 9-5-2000]
(2) 
Residential, business, commercial or industrial uses when the purposes of this chapter are more fully met by issuing a conditional use permit.
[Added 11-5-2001]
(3) 
An accessory use to an existing use when the purposes of this chapter are more fully met by issuing a conditional use permit.
[Added 4-4-2005]
A. 
Purpose. The intent of this zone is to allow the development of commercial uses primarily oriented to service rather than retail functions as a transition area between the intensive retail uses of the Central Business District and the more regionally oriented commercial uses along Route 113.
B. 
Principal permitted uses on the land and in buildings shall be as follows:
(1) 
General business and professional offices.
(2) 
Clinics.
(3) 
Convalescent homes.
(4) 
Funeral homes.
C. 
Accessory uses permitted:
(1) 
Permitted accessory uses shall include:
(a) 
Off-street parking, fences and walls.
(b) 
Signs per § 210-44.
(2) 
See § 210-45, Site plan review.
D. 
Building height. No building shall exceed 35 feet in height, except as outlined in § 210-55.
E. 
Area and yard requirements.
(1) 
Area and yard requirements shall be as follows:
[Amended 8-4-1980]
Minimum
Lot area
6,000 square feet
Lot frontage
60 feet
Lot depth
100 feet
Each side yard
None
Front yard setback
None
Rear yard setback
12 feet
Maximum
Building coverage
85% of the total lot area
(2) 
Where the side lot lines of two business establishments abut each other, side yard requirements may be waived so that the resulting space in said side yard may be utilized to create a continuous appearing building if there is compatible design and the lot complies with all other requirements for maximum building coverage, parking, access, etc.
(3) 
See § 210-41, Performance standards.
(4) 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation of the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
F. 
Minimum off-street parking.
(1) 
Funeral homes shall provide six spaces per each viewing room.
(2) 
Convalescent homes shall provide one space per every 10 beds plus one space per employee.
(3) 
All other uses shall provide one space per 200 square feet of floor area.
G. 
Minimum off-street loading.
(1) 
Each use shall provide adequate off-street loading space with adequate ingress and egress.
(2) 
See § 210-40, parking and loading.
H. 
Signs: subject to the regulations in § 210-44, Signs.
[Amended 4-4-2011]
(1) 
All signs as permitted in the Urban Business (UB) District.
I. 
Conditional uses subject to regulations of § 210-51 shall be as follows:
[Added 11-5-2001]
(1) 
Residential, business, commercial or industrial uses when the purposes of this chapter are more fully met by issuing a conditional use permit.
(2) 
Temporary commercial structures or shelters while construction on or off the premises is in progress for the purpose of conducting business related to the primary permitted use on the premises or as sales offices if for development or construction off the premises. Conditions to be considered include:
[Added 11-7-2005]
(a) 
The hours of operation shall be stated and approved by the Town.
(b) 
The structure shall meet applicable building codes for temporary structures.
(c) 
Adequate arrangements for temporary sanitary facilities must be approved by the Town.
(d) 
No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.
(e) 
Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.
(f) 
All temporary structures shall be provided in an attractive manner, including skirting, landscaping and attractive exterior treatment.
(g) 
A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.
(h) 
Conditional use for such temporary structures shall be for one year.
A. 
Purpose. The intent of this zone is to encourage highway-oriented commercial development to concentrate, to the mutual advantage of both consumers and merchants, and thus to promote the public safety, welfare and convenience by discouraging traffic congestion, promoting stability of commercial development and encouraging an attractive and serviceable commercial environment for highway-oriented business in the appropriate highway location.
B. 
Principal permitted uses on the land and in buildings shall be as follows:
[Amended 2-9-1987; 6-3-1991; 7-6-1992; 7-5-1994; 8-2-1999; 5-3-2003; 12-1-2003; 3-1-2004; 3-5-2007; 8-3-2009; 9-7-2010; 11-6-2017]
(1) 
Convenience stores with gas pumps, service stations and auto repair shops. (See § 210-43.)
(2) 
Manufactured home sales.
(3) 
Retail food establishments, including drive-in or drive-through and/or outdoor dining facilities, subject to the requirement of § 210-45.
(4) 
Hotels and motels.
(5) 
Lumberyards, building materials stores, nursery, garden and farm supply sales, including sale of farm implements.
(6) 
Indoor recreation facilities.
(7) 
Hospitals, medical care facilities and medical clinics, health care facilities, surgical centers and pharmacies.
[Amended 6-7-2021]
(8) 
Indoor theaters.
(9) 
Funeral homes.
(10) 
Professional and business offices; professional and business complexes.
[Amended 6-7-2021]
(11) 
New and used car sales.
(12) 
Shopping centers.
(13) 
Car wash.
(14) 
Indoor auction sales, including flea markets, provided that there are no outside sales nor storage of merchandise.
(15) 
Retail sales establishments.
(16) 
(Reserved)
(17) 
(Reserved)
(18) 
Studios for artists, photographers, teachers, sculptors, musicians, athletes, or industrial trade.
(19) 
Churches, religious organizations, or places of worship.
(20) 
Business services, personal services, social services, and research service establishments; such establishments primarily engaged in providing assistance, as opposed to products, to individuals, businesses, industry, government and other enterprises.
(21) 
Health spas, sports clubs, gyms, and training facilities.
(22) 
Animal hospitals or veterinarian clinics.
(23) 
Communication studios (no towers more than 150 feet in height).
(24) 
Outdoor amusement or recreation places.
(25) 
Educational institutions.
(26) 
Convention or meeting facilities.
C. 
Accessory uses permitted.
(1) 
Permitted accessory uses shall be as follows:
(a) 
Off-street parking, fences, walls, and parking garages.
[Amended 11-6-2017]
(b) 
Signs per § 210-44.
(c) 
Storage of materials related to the permitted use.
[Added 2-3-1997]
(2) 
See § 210-45, Site plan review.
D. 
No building shall exceed 35 feet in height, except as outlined in § 210-55, and a hotel, motel, medical care facility, medical clinic, health care facility or surgical center may be erected to a height of over three stories, but not over five stories, and not exceeding 60 feet.
[Amended 11-6-2017; 6-7-2021]
E. 
Area and yard requirements.
(1) 
A shopping center site shall not be less than five acres. The minimum frontage shall be 400 feet along at least one public street, and building coverage shall not exceed 25%. Building setback shall not be less than 75 feet from any lot line or street line. All buildings within the shopping center shall be in either a group or groups, either physically attached or, if separated, having a separation of at least 10 feet. Sidewalks and walkways adjacent to buildings may be protected from the weather by overhead roofs which may extend between separated buildings as long as an opening 10 feet wide by 15 feet high is provided to allow emergency vehicle access.
(2) 
A hotel or motel shall have a minimum lot size of three acres, with a minimum lot frontage of 150 feet and a minimum lot depth of 150 feet. The minimum front yard shall be 50 feet; the minimum rear yard shall be 30 feet, or 50 feet when adjacent to a residential use; and each side yard shall be a minimum of 20 feet, or 50 feet when adjacent to a residential use. Building coverage shall not exceed 30%.
[Amended 11-6-2017]
(3) 
For all other uses:
Minimum
Lot area
15,000 square feet
Lot frontage
100 feet
Lot depth
100 feet
Each side yard
10 feet
Front yard setback
35 feet
Rear yard setback
25 feet
Maximum
Building coverage
35%
(4) 
When the side lot lines of two retail business establishments abut each other, side yard requirements may be waived so that the resulting space in said side yard may be utilized to create a continuous appearing building if there is compatible design and the lot complies with all the other requirements for maximum building coverage, parking, access, etc.
(5) 
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. The conifers shall be a minimum of five feet in height when planted and shall be at intervals of 10 feet or less.
(6) 
See § 210-41, Performance standards.
(7) 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations, such as fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area, in order to either maintain or reestablish the tone of the vegetation of the area and lessen the visual impact by the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
F. 
Minimum off-street parking.
(1) 
Service stations and auto repair shops shall provide sufficient parking spaces for all vehicles of employees and patrons with a minimum of five spaces.
(2) 
Hotels and motels shall provide one space per each unit of accommodation, and one space per employee, plus additional space as outlined in this section for each ancillary use.
[Amended 11-6-2017]
(3) 
Theaters and restaurants shall provide one space per every four seats, plus one space per employee. In addition, drive-in or drive-through operations offering takeout services, consumption while seated in a vehicle and similar services shall provide six spaces per 1,000 square feet of gross floor area or fraction thereof.
(4) 
Bowling alleys shall provide five spaces per alley.
(5) 
For funeral homes, one space per five seats shall be provided.
(6) 
New and used car sales shall provide 10 spaces for customers, plus one space per employee.
(7) 
Car washes shall provide:
(a) 
Four spaces at the waiting area and two spaces at the exit area for an automatic car wash.
(b) 
Eight spaces at the waiting area and two spaces at the exit area for employee-operated car wash.
(8) 
Shopping centers shall provide five parking spaces per 1,000 square feet of gross leasable area.
(9) 
Health care facilities shall provide one space for each three patient beds (except bassinets), plus one space per medical staff member, plus one space per two employees on the largest shift.
[Added 6-7-2021[1]]
[1]
Editor's Note: This ordinance redesignated former Subsection F(9) as F(11).
(10) 
Medical and dental clinics and offices shall provide one space for each two employees, plus four spaces per doctor or dentist.
[Added 6-7-2021]
(11) 
All other uses shall provide one space per 200 square feet of floor area. Sales uses not contained within a building shall provide one space per 200 square feet of selling area.
G. 
Minimum off-street loading.
(1) 
Loading space required for all uses shall be determined according to the square footage of the building:
[Amended 6-7-2021]
(a) 
5,000 to 25,000 square foot building shall have one space.
(b) 
25,000 to 100,000 square foot building shall have two spaces.
(c) 
100,000 to 200,000 square foot building shall have three spaces.
(d) 
Each additional 50,000 square feet over 200,000 square feet shall have one additional space.
(2) 
See § 210-40, parking and loading.
H. 
Signs: subject to the regulations in § 210-44, Signs
[Amended 4-4-2011]
(1) 
Signs permitted in all districts.
(2) 
Residential uses, whether nonconforming, or bed-and-breakfast, or home occupation, shall be permitted signs as permitted in the Medium-Density Residential (MR) District.
(3) 
Each commercial unit or use shall have a window or door sign with the name of the business or use and displaying the physical address of the business, use, or property with letters and numbers a minimum of four inches and maximum of six inches in height.
(4) 
Each structure or unit within a structure may have one wall, projecting, awning or marquee sign on each facade of the structure, each of which shall not exceed two square feet of sign area for every one linear foot of building length of the wall upon which the sign is to be displayed.
[Amended 2-7-2022[2]]
[2]
Editor's Note: This ordinance redesignated Subsection H(5) through (8) as H(12) through (15).
(5) 
Each parcel may have one double-faced ground or monument sign, no more than 200 square feet in area, if and as permitted in accordance with the chart and setbacks listed in Subsection H(5)(a) below. In the case of multiple buildings on a parcel, only one double-faced ground or monument sign serving all buildings is permitted.
[Added 2-7-2022]
(a) 
Distance from front property line/maximum size permitted:
[1] 
Zero feet to five feet: none permitted.
[2] 
Greater than five feet to 15 feet: 50 square feet.
[3] 
Greater than 15 feet to 25 feet: 100 square feet.
[4] 
Greater than 25 feet to 35 feet: 160 square feet.
[5] 
Greater than 35 feet: 200 square feet.
(6) 
Post and pylon signs are permitted if such sign includes two poles or similar supports. Post and pylon signs with one pole or similar support are not permitted. Any post or pylon sign must include cladding, a nonstructural covering designed to conceal the actual structural supports of the sign. Cladding shall be primarily brick, stucco, or materials which are used on the main building. Metal products may be used if the metal replicates the appearance of a natural material.
[Added 2-7-2022]
(7) 
Ground or monument signs shall be set back from any side property line at least 15 feet.
[Added 2-7-2022]
(8) 
Ground or monument signs shall not exceed 25 feet in height.
[Added 2-7-2022]
(9) 
Ground or monument signs shall be set back from street rights-of-way and driveways at least 10 feet. Such signs shall be located and placed in a manner that allows for clear and ample visual sight lines for driveways leading into a street and at intersecting streets and alleys, as determined by the Zoning Officer of the Town.
[Added 2-7-2022]
(10) 
Ground or monument signs shall not be located closer than 50 feet to another such freestanding sign located upon another premises, provided that this subsection shall not prohibit the ability to place one ground or monument sign upon a premises that would otherwise have a right to such sign.
[Added 2-7-2022]
(11) 
All signs and their foundations and attachments must be designed for the appropriate dead, wind, and snow loads for the geographic area.
[Added 2-7-2022]
(12) 
Complexes.
(a) 
Any complex shall be subject to the signage requirements established for parcels and structures as set out above in Subsection H(4), except as may be otherwise provided in this Subsection H(5).
(b) 
A complex may have one ground or monument, internally illuminated or unlighted, sign along each arterial or collector road on which the parcel abuts. The top of such sign shall not exceed a height of 20 feet from grade; shall be set back from the street rights-of-way and driveways at least 50 feet; and shall be set back from any property line a minimum of 100 feet. Such ground or monument sign shall include the street address, the name of the center, and may include the name of the anchor unit and/or a directory of included units.
(c) 
Each freestanding unit on a pad site or outparcel (with its own tax parcel identification number) within such a complex may have one internally illuminated or unlighted ground or monument sign displaying the name of the business or use, not exceeding 50 square feet, and may have one internally illuminated or unlighted wall, awning, projecting or marquee sign not to exceed 15 square feet.
(d) 
A unit that is part of a larger structure within such a complex may have one internally illuminated or unlighted wall, awning, projecting or marquee sign not to exceed 10% of the front of the unit to a maximum of 200 square feet.
(e) 
Each such structure may also have one wall, projecting, awning or marquee sign on each facade of the structure, each of which shall not exceed 15 square feet.
(13) 
Special sign requirements for sales of motor fuels. In addition to all other requirements of this subsection, the following additional requirements pertain to commercial businesses conducting sales of motor fuels such as gas stations and convenience stores:
(a) 
Canopy signs.
[1] 
Canopy sign height shall not exceed 30 feet.
[2] 
Canopy sign copy shall be directed towards a public street.
[3] 
Canopy sign area shall be limited to not greater than 10% of the area of the canopy face to which the sign is applied.
[4] 
Canopy sign shall only identify the brand of gasoline/motor fuel being offered.
(b) 
Exempt signs.
[1] 
State- or federally required "price per gallon" signage shall not count towards the overall sign area for the site, unless such signs exceed 20 square feet in size.
[2] 
"Price per gallon" signs not exceeding two square feet located on the pump itself.
(14) 
Drive-through restaurant facility menu signs are permitted, provided that the total area for such signs does not exceed 32 square feet and that the signs are not designed or so located as to be read from the public right-of-way. Speakers on such signs shall not be audible from the public right-of-way and/or from adjoining properties or units.
(15) 
Conditional use: requirements for large-scale complexes for retail, wholesale, commercial, institutional, office or educational uses:
(a) 
Purpose: Recognizing that large-scale commercial or institutional complexes have signage needs that may not be adequately addressed by traditional sign regulations, this section is intended to provide a procedure for approval of a comprehensive signage plan for these sites.
(b) 
Except as may be otherwise permitted in this section, the underlying district sign regulations shall apply.
(c) 
Any conditional use granted pursuant to this section shall be valid for a period of five years; extensions may be requested by written request to the Town Council at least 60 days prior to the termination of the conditional use. Failure to make such request shall result in termination of the conditional use.
(d) 
Any proposed complex or group of three or more principal structures under common management and operation, located on one or more contiguous properties, is required to submit an application for comprehensive signage plan approval.
(e) 
Complexes with business or educational campuses are required to follow all standard signage requirements, as embodied elsewhere in this chapter, unless they choose to apply for comprehensive signage plan approval. All such plans shall include a thorough review of all existing signs.
(f) 
Any commercial activity or institutional use which has more than 400 linear feet of frontage on a principal arterial street may submit an application for comprehensive signage approval.
(g) 
Design guidelines for comprehensive signage plans.
[1] 
Upon application, the Town Council may waive the height, size, number, and area regulations for signs found in nonresidential complexes, i.e., shopping center, retail center, and campuses which apply with a comprehensive signage plan. However, the number, type and size of signs proposed shall not be excessive, and shall be in proportion to the scale of the buildings and uses on the site.
[2] 
Building signs shall be in harmony with the overall architectural concept for the site, and be compatible with each other and the other buildings.
[3] 
A freestanding sign identifying a complex shall identify the name of the campus or complex and no more than three separate primary tenants within the campus or complex.
[4] 
There shall be architectural harmony and unity of signs within a unified campus or commercial complex. Sign type, color scheme, size, and illumination within the site shall be coordinated and be compatible with the architecture of the campus or complex and surrounding area.
(h) 
Subdivision Review Committee and Town Council duties: In reviewing and approving comprehensive signage plans, the Subdivision Review Committee (See Ch. 178.) shall review and make recommendations to the Town Council based on the factors and terms of this chapter. The Town Council, in its discretion, shall take into consideration the Comprehensive Plan, public health, safety, and welfare, the comfort and convenience of the public in general and of the residents, businesses, and property owners of the immediate neighborhood in particular, and shall ensure that campuses and complexes have adequate, but not excessive, signage. Specifically, the following objectives shall guide the Council when reviewing such plans:
[1] 
The size and complexity of the campus or complex warrants the need for extra signage under the provisions of this section;
[2] 
In respect to the number and type of entrances, the placement of signage at or near those entrances provides superior visibility in order to assure the safety of the driving public;
[3] 
The proposed signs are adequate in number to safely direct the public to the use or uses on the site;
[4] 
Proposed signs shall not have an adverse impact on the visibility of adjacent signs, and should be consistent with, or an improvement over, the prevailing type and style of signage in the general area;
[5] 
The proposed signs shall be of a style and color which will complement the architecture of the site, and the area in general.
(i) 
Submission requirements.
[1] 
A pre-application meeting is required. No application will be accepted without a pre-application meeting.
[2] 
Sufficient copies, as established by the Town Council, of a sign plan which details the signage proposal, including relevant application forms. The sign plan shall illustrate the physical location of all the existing and/or proposed signs on the subject property and their relationship to existing and/or proposed buildings on site. The plan should include color renderings of each proposed sign, along with architectural elevation drawings of the proposed buildings depicting the placement of any wall-mounted signs.
[3] 
An application fee may be established by the Town Council and shall be due at the time of application.
(j) 
Comprehensive sign plans which are submitted as part of a site plan for other zoning or subdivision/development review application shall be reviewed as part of the site plan and not be assessed the review fee describe above, but will require the same level of detail and information.
(k) 
Amendments to approved comprehensive signage plans. Any new or revised signs to be placed on a property with an approved comprehensive sign plan need not go back to the Town Council for reapproval if the sign area is not increased by more than 5%, and the proposed sign conforms to the overall design concept and colors as approved. The five-percent increase shall be calculated cumulatively over the life of the project, based upon the originally approved sign area.
I. 
Conditional uses subject to regulations of § 210-51:
[Added 4-3-2000]
(1) 
Games and arcades.
(2) 
Residential, business, commercial or industrial uses when the purposes of this chapter are more fully met by issuing a conditional use permit.
[Added 11-5-2001]
(3) 
Temporary commercial structures or shelters while construction on or off the premises is in progress for the purpose of conducting business related to the primary permitted use on the premises or as sales offices if for development or construction off the premises. Conditions to be considered include:
[Added 11-7-2005]
(a) 
The hours of operation shall be stated and approved by the Town.
(b) 
The structure shall meet applicable building codes for temporary structures.
(c) 
Adequate arrangements for temporary sanitary facilities must be approved by the Town.
(d) 
No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.
(e) 
Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.
(f) 
All temporary structures shall be provided in an attractive manner, including skirting, landscaping and attractive exterior treatment.
(g) 
A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.
(h) 
Conditional use for such temporary structures shall be for one year.
[Amended 12-5-2005]
A. 
Purpose. The purpose of this district is to provide for industrial uses within the Town in view of good highway access provided by Route 113, available railroad access, the provision of public water and sewerage facilities in this area of the Town and the attraction afforded by existing industrial uses in the district or adjacent to it.
B. 
Principal permitted uses on the land and in buildings shall be as follows:
(1) 
Agriculture as defined in Article II.
(2) 
Offices.
(3) 
Light industry where the only activity involved is one of the fabricating or the assembling of standardized parts, as contrasted to a processing activity which would involve a physical or chemical process that would change the nature or character of the product or raw material.
(4) 
Laboratories, including research, experimenting or testing.
(5) 
Wholesaling of goods or services, including the warehousing or storage of goods.
(6) 
Public uses by federal, state, county or local government.
C. 
Accessory uses permitted:
(1) 
Off-street parking.
(2) 
Uses and structures customarily accessory and incidental to the permitted use.
D. 
Building height. No structure shall exceed 45 feet in height, except as provided under § 210-55.
[Amended 12-4-1995]
E. 
Area and yard requirements.
(1) 
Minimum lot size shall be three acres; minimum lot frontage 250 feet; and minimum lot depth 200 feet.
(2) 
No building or structure shall be located closer than 50 feet to any street line or property line.
(3) 
Total building coverage shall not exceed 25%.
(4) 
Any lot adjoining a residential district shall provide a minimum buffer area of 50 feet in width left in its natural growth. If the area is not heavily treed, it shall be planted with conifers and deciduous trees at intervals in keeping with good landscaping practice for the type of conifer or tree used in order to provide a dense year-round screen.
(5) 
See §§ 210-41, Performance standards, and 210-45, Site plan review.
(6) 
Tracts of 10 acres or larger may be developed in industrial parks with the following development provisions:
(a) 
The average lot size in the industrial park shall be not less than two acres.
(b) 
The minimum lot size shall be 60,000 square feet.
(c) 
No lots less than two acres may be subdivided until a sufficient number of lots in excess of two acres have been subdivided to maintain the minimum average lot size of two acres.
(d) 
At the request of the subdivider, those lots in excess of two acres which are to be counted as a credit toward the development of lots less than two acres in size shall be restricted from further subdivision.
(e) 
No lots of less than two acres shall be permitted to front on a state highway or arterial road as indicated on the adopted Comprehensive Plan of the Town of Millsboro.
(f) 
The minimum lot width for parcels less than two acres shall be 150 feet.
(g) 
All other area and yard requirements shall be the same as described above.
F. 
Minimum off-street parking.
(1) 
See § 210-40, off-street parking.
(2) 
Off-street parking shall be located within 400 feet of the building it is intended to serve, but may not be located in any required buffer area.
(3) 
Light industry, scientific or research laboratories shall provide one space per 300 square feet.
(4) 
Off-street parking shall be provided at least at the rate of one space for every 1,000 square feet or fraction thereof for floor and/or yard area used for storage, warehousing, shipping or receiving, plus one space for every 300 square feet or fraction thereof for floor area used for other purposes.
(5) 
All other uses shall provide one space per 200 square feet.
(6) 
In addition, one space for every vehicle owned and/or operated by the use operating from that site.
(7) 
In any event, each use shall provide a sufficient number of spaces in appropriate locations so that no driveway, aisle, fire lane or street right-of-way is used at any time for parking.
(8) 
All parking lots shall be lighted per § 210-37.
G. 
Minimum off-street loading.
(1) 
One space for the first 5,000 square feet and one space for each 10,000 square feet thereafter shall be provided.
(2) 
Off-street loading may be located in any yard, except that when located in the front of the building, it shall not encroach upon the required front yard setback or buffer area. All loading areas shall be screened from the street by decorative pierced masonry or brick walls or massed conifers at least five feet in height.
(3) 
Each space shall be located so that any vehicles being loaded or unloaded or maneuvering into a loading space do not interfere with any other parking or loading spaces, driveways, aisles, fire lanes or street rights-of-way. All loading and unloading shall take place on the building site.
(4) 
All loading areas shall be lighted per § 210-37.
H. 
Signs.
[Amended 4-4-2011]
(1) 
Signs permitted in all districts.
(2) 
All signs as permitted in the Highway Commercial (HC) District.
I. 
Conditional uses, subject to the regulations of § 210-51, shall be as follows:
[Added 3-4-1996]
(1) 
Storage of repossessed automobiles, subject to conditions on number of cars, size of operation, fencing, lighting, signage, hours of operation and other conditions imposed by the Town Council.
[Added 6-3-2002[1]]
A. 
Purpose. In order to encourage large-scale developments as a means of creating a superior living environment through unified developments, and to provide for the application of design ingenuity while protecting existing and future developments and achieving the goals of the Comprehensive Plan, the RPC District is hereby established.
B. 
Permitted uses. Uses permitted in an RPC District under this section shall be as follows:
(1) 
Uses, accessory uses and signs permitted in any residential district in accord with the additional requirements and specific provisions of this section.
(2) 
Commercial uses of convenience and necessity to the development as a whole, such uses and accessory off-street parking and loading spaces incident to such commercial uses not to exceed one acre for each 100 dwelling units in the planned development.
(3) 
Conditional uses in accordance with the procedures, standards and specifications of site plan review and the additional requirements of this section.
C. 
Superimposed district; effect on other provisions.
(1) 
To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the RPC District is created as a special district to be superimposed on other districts contained in these regulations and is to be so designated by a special symbol for its boundaries on the Zoning District Map.
(2) 
The housing types, minimum lot requirements, maximum height, minimum yard requirements and accessory uses and accessory signs shall be determined by the requirements and procedure set forth in this section, which shall prevail over conflicting requirements of these regulations or ordinances governing the subdivision of land.
(3) 
This district shall only be used for mixed uses.
[Added 7-6-2004]
D. 
Minimum district area.
(1) 
The minimum area for an RPC District under this section shall be as follows:
(a) 
In the MR District: 40 acres.
(b) 
In the HR District: 10 acres.
(c) 
In any residential district if the only development proposed is single-family detached dwellings: 10 acres.
(2) 
In calculating the minimum area for an RPC District, the measurement shall not include the area of any dedicated streets or alleys.
E. 
Ownership. The land in an RPC District need not be under single ownership, provided that proper assurances are given, through the procedures contained in this section or elsewhere in these regulations, that the project can be successfully completed. The developer or owner of the proposed development shall provide a property owners' association, which shall be responsible for maintenance, repair, replacement and operation of all community property that is not dedicated and conveyed to the Town.
[Amended 7-6-2004]
F. 
Required procedures. The procedures for establishment of an RPC District and approval and amendment of the site plans are contained in § 210-66. The proposed development shall follow all applicable procedures, standards and requirements of the ordinance or ordinances and regulations governing the subdivision of land.[2] No building permit shall be issued until a final plot of the proposed development or part thereof is approved, filed and recorded.
[2]
Editor's Note: See Ch. 178, Subdivision of Land.
G. 
Concurrent establishment with other districts. An application for approval of an RPC District may show and be possessed concurrently with separate applications for establishment of a residential district in accord with regulations applicable to those districts. Establishment of the district boundaries shall be in accord with the procedures for changes and amendments contained in § 210-70.
H. 
Review standards; conditions.
(1) 
The Planning Commission and Town Council shall review the conformity of the proposed development with the standards of the Comprehensive Plan and recognized principles of civic design, land use planning and landscape architecture. The minimum lot and yard requirement and maximum height requirements of the zoning district in which the development is located need not apply, except that the Planning Commission may recommend and Town Council shall ensure an appropriate relationship between uses of high intensity or height within the RPC District and uses of low intensity or height, existing or future, outside the proposed RPC District and to this end may require that the regulations for minimum lots and yards and maximum height shall be complied with inside of and near the boundaries of the RPC District.
(2) 
The Planning Commission may recommend and Town Council may impose conditions regarding the layout and design of the proposed development and, where applicable, shall require the appropriate deed restrictions be filed to assure compliance with the development plan.
(3) 
The Planning Commission shall review the location of proposed townhouses, multiple-family dwellings or commercial uses, where allowed, and shall recommend to Town Council the appropriate character of such uses.
(4) 
In addition to the other provisions contained within this section, the approval of a Residential Planned Community shall include consideration of the following:
[Added 12-1-2003]
(a) 
Integration of the proposed subdivision into existing terrain and surrounding landscape.
(b) 
Minimal use of wetlands and floodplains.
(c) 
Preservation of natural and historical features.
(d) 
Preservation of open space and scenic views.
(e) 
Minimization of tree, vegetation and soil removal and grade changes.
(f) 
Screening of objectionable features from neighboring properties and roadways.
(g) 
Provision for water supply.
(h) 
Provision for sewage disposal.
(i) 
Prevention of pollution of surface and ground water.
(j) 
Minimization of erosion and sedimentation, minimization of changes in groundwater levels, minimization of increased rates of runoff, minimization of potential for flooding and design of drainage so that groundwater recharge is maximized.
(k) 
Provision for safe vehicular and pedestrian movement within the site and to adjacent ways.
(l) 
Effect on area property values.
(m) 
Preservation and conservation of farmland.
(n) 
Effect on schools, public buildings and community facilities.
(o) 
Effect on area roadways and public transportation.
(p) 
Compatibility with other area land uses.
(q) 
Effect on area waterways.
(r) 
Whether, in the judgment of the Town Council, estimated costs to be home by the Town cannot be met from available Town funds which reasonably may be anticipated to become available to the Town and applicable to subdivision purposes.
(s) 
Whether, in the opinion of the Town Council, the estimated expense to the Town cannot be justified on the basis of estimated tax returns which would accrue to the Town within a reasonable period of time.
I. 
Number of dwelling units permitted. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family or dwelling unit required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, state wetlands or commercial use from the gross development area and deducting 25% of the remainder for streets or the actual area of proposed streets, whichever is less. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted. Maximum density shall not exceed 10 living units for each net development acre.
J. 
Minimum lot area and width. The minimum lot area and minimum lot width of detached single-family dwelling lots established within the development shall not be less than 2/3 of the normal minimum lot area and minimum lot width required for detached single-family dwellings in the district in which the lot is located. In no case shall a detached single-family lot be created with an area of less than 6,000 square feet or a lot width of less than 60 feet.
K. 
Requirements regarding parking, streets, and driveway. Off-street parking shall be provided meeting the minimum requirements of these regulations or at least two per unit, excluding garages. Design and improvements of parking lots and garages shall also conform to these regulations and other applicable regulations or ordinances. Design, arrangement, and improvement of streets and driveways shall conform to ordinance or ordinances and regulations governing the subdivision of land;[3] provided, however, that streets in such district shall be considered, at the minimum, minor streets requiring a fifty-foot right-of-way with 30 feet of paving, curb to curb. Sidewalks may be required. See also the additional parking requirements in § 210-40, Off-street parking and loading; driveways.
[Amended 12-1-2003; 11-7-2022]
[3]
Editor's Note: See Ch. 178, Subdivision of Land.
L. 
Guaranty of completion. Before approval of a development plan, the Planning Commission may recommend and the Town Council may require a contact with safeguards approved by the Town Attorney guaranteeing completion of the development plan in a period to be specified by the Commission in approving the site plan.
M. 
Schedule of construction. In approving an RPC District, the Planning Commission may recommend and the Town Council may adopt a schedule of construction. If such a schedule is adopted, no permits for construction shall be issued except in accordance with the adopted schedule. Where both single-family and multifamily dwelling types are part of the development or where nonresidential uses are part of the development, the schedule of construction may require concurrent construction of a given type, number or use in that proportion recommended by the Commission and/or approved by the Council.
N. 
Incorporation of additional land area. If, after approval and recording of the final site plan, the permit holder desires to incorporate additional or after-acquired adjacent land area into the development plan, an informal conference with the Planning Commission shall be requested pursuant to Subsection F of this section for the purpose of outlining the scope of the application. If an application is filed for inclusion approval, the general procedural requirements of this section shall apply, with the application being deemed an application to extend or amend an existing RPC. Any application for an extension or an amendment of an RPC District to incorporate additional land area into a previously approved plan shall be considered within the parameter of the establishment of a new and separate RPC District.
O. 
Signs.
[Added 4-4-2011]
(1) 
Signs permitted in all districts.
(2) 
All signs as permitted in the High-Density Residential (HR) District.
[1]
Editor's Note: This ordinance also provided that §§ 210-21 through 210-30 be reserved and that former §§ 210-20 through 210-59 be renumbered consecutively as §§ 210-31 through 210-70.
[Added 6-2-2008; amended 2-2-2009]
A. 
Purpose:
(1) 
To provide appropriately located, well-planned areas for large-scale retail and commercial uses.
(2) 
To establish design guidelines for development within the PCD Zone that will contribute and improve the attractiveness and character of the Town of Millsboro.
(3) 
To encourage an orderly and systematic development design providing the rational placement of activities, parking and auto circulation, pedestrian circulation, ingress and egress, loading, landscaping, and buffer strips.
(4) 
To encourage commercial development which is consistent with the Millsboro Comprehensive Plan.
B. 
Principal permitted uses:
(1) 
General personal and professional services:
(a) 
Professional, medical and business offices.
(b) 
Dance studios.
(c) 
Hotels and motels.
(d) 
Dry cleaners pickup locations and not a plant serving more than one location.
(e) 
Dressmaking, tailor and clothing repair establishments.
(f) 
Travel agencies.
(g) 
Child-care centers.
(h) 
Banks and financial institutions, including drive-through.
(i) 
Barber shops, beauty parlors.
(j) 
Arcades.
(2) 
General merchandise stores:
(a) 
Building material stores.
(b) 
Department stores.
(c) 
Furniture sales.
(d) 
Supermarkets.
(e) 
Specialty food stores.
(f) 
Bakeries, retail.
(g) 
Candy, ice cream and confectionery stores.
(h) 
Meat, fish, or poultry stores.
(i) 
Liquor store - off premises.
(j) 
Camera and photographic supply stores.
(k) 
Book stores.
(l) 
Drug stores and pharmacies.
(m) 
Sporting good sales.
(n) 
Office and school supply stores.
(o) 
Stationary and card stores.
(p) 
Pet stores.
(q) 
Florists.
(r) 
Indoor theaters.
(s) 
Clothing rental establishments.
(3) 
Restaurants and other food service establishments:
[Amended 9-7-2010]
(a) 
Restaurants, subject to the requirements of § 210-45.
(b) 
Drive-through restaurants. (See the definition–includes no bar area).
(c) 
Eateries. (See the definition–includes no bar area).
(4) 
Civic services.
(a) 
Fire and emergency services.
(b) 
Municipal administrative.
(c) 
Public utility buildings.
(d) 
Public water works or reservoir.
(e) 
Postal service.
(f) 
Libraries.
(g) 
Public parks and playgrounds.
(h) 
Community centers.
(5) 
Educational services and public assembly:
(a) 
Learning centers.
(b) 
Schools.
(c) 
Vocational schools.
(d) 
Clubs, lodges, fraternal organizations.
(e) 
Colleges; universities; research facilities.
[Added 6-1-2009]
(6) 
Commercial recreation.
[Added 6-1-2009]
(a) 
Permitted uses.
[1] 
Golf courses, public or private.
[2] 
Country clubs.
[3] 
Public or private swimming pools.
[4] 
Amusement parks; water parks.
(b) 
Conditional uses.
[1] 
Purpose. The purpose of this subsection is to provide for commercial recreational purposes which may not be well adjusted to the environment and the particular location with full protection offered to surrounding properties without an exercise of planning judgment on location, combination of uses and site plan. To this end, it is recognized that rigid application of the overall district or chapter regulations may not be fully applicable. It is recognized that such conditional uses may bring benefit to the Town and the surrounding community by their existence so long as they are subject to the requirements and regulations of the PCD District.
[2] 
Conditional uses enumerated. The following buildings, structures, and uses may be approved by the Town Council as conditional uses in the PCD District in accordance with the chapter and in accordance with the procedures and standards of this section, provided that the location is appropriate and that the public health, safety, morals and general welfare will not be adversely affected, and that necessary safeguards will be provided for the protection of the surrounding property, persons and neighborhood values, and further, provided that the additional standards of the PCD District are met. Unless otherwise specified in this section or specified as a conditional approval, the height limits, yard space, lot area and sign requirements shall be the same as for other uses in the PCD District in which the conditional use is located.
[a] 
Horseracing track with the following accessory uses which are customarily incidental to the principal conditional use located on the same premises therewith.
[i] 
Stables, which shall not be located nearer than 500 feet from any adjoining property line.
[ii] 
Riding academies.
[iii] 
Grandstand building.
[iv] 
Video lottery terminal lounges.
[v] 
Casino, as defined in the Delaware Code.
[b] 
Convention or conference center.
[c] 
Sports arena.
[d] 
Traditional neighborhood.
[3] 
Accessory uses customarily incidental to the principal conditional use located on the same premises therewith shall be a conditional use.
[4] 
Area, bulk and yard requirements:
[a] 
Height limits shall not exceed 85 feet in the PCD District for any conditional use.
[b] 
Impervious coverage shall not exceed 85% of the area of a parcel or phase.
[c] 
No single parking area shall exceed 200 spaces unless divided into two or more subareas separated from each other by landscaping, access drives or public streets, pedestrian walkways, or buildings.
[d] 
For parking, a drive aisle of 24 feet is permissible.
[5] 
Signage requirements shall be as established through the PCD regulations in this § 210-21.
[6] 
Time.
[a] 
A conditional use approved pursuant to this section shall be valid for a maximum of 20 years if no time limit is specified and no abandonment occurs.
[b] 
Any conditional use shall expire upon abandonment or expiration of the use.
[c] 
Any approval of a conditional use under this section shall become null and void unless construction or use is substantially under way during the first year following approval by the Town Council, or unless an extension of time, not exceeding one year, is approved by the Town Council for good cause shown and application for such extension is made before the expiration of said first year. A maximum of two one-year extensions may be granted. However, the Town Council shall not grant more than two such one-year extensions.
C. 
Accessory uses permitted:
(1) 
Uses accessory and incidental to the operation of approved uses listed heretofore shall be allowed.
(2) 
Use of storage trailers as an accessory use is not permitted.
(3) 
(Reserved)
(4) 
(Reserved)
(5) 
(Reserved)
(6) 
Student and/or faculty housing as accessory use to colleges, universities or research facilities.
[Added 6-1-2009]
D. 
Area and yard requirements, except as may otherwise be provided in this chapter:
[Amended 6-1-2009]
(1) 
Minimum lot area and yard requirements.
(a) 
The minimum lot area in the PCD Planned Commercial District shall be 15 acres.
(b) 
Minimum lot frontage: 500 feet.
(c) 
Minimum lot depth: 500 feet.
(d) 
Setback from U.S. Rt. 113: 100 feet.
(e) 
Setback from other state roads: 75 feet.
(f) 
Setback from all other roads: 50 feet.
(g) 
Side yard setback: 30 feet.
(h) 
Rear yard setback: 75 feet.
E. 
Building height, except as may otherwise be provided in this chapter: The maximum permitted height of a structure in this district shall not exceed 40 feet in height.
[Amended 6-1-2009]
F. 
Nonconforming uses: nonconforming uses within the Planned Commercial District, Article V, § 210-39.
G. 
Planned Commercial District; general design elements. The Town considers the following design features to be desirable elements of planned commercial development, and the standards and guidelines set forth in subsequent sections of this article are intended to facilitate the incorporation of as many of these features into a proposed project as feasible and appropriate.
(1) 
Visual compatibility with development on adjacent sites.
(2) 
Building scale and mass that is compatible with adjacent or nearby development, especially residential.
(3) 
Preservation of natural site features.
(4) 
Landscaping and screening of parking areas with extensive use of shade trees shall be subject to the regulations of Article V, § 210.41A, landscaping and buffering.
(5) 
Significant landscape and hardscape (e.g., decorative pavers) elements throughout the entire site.
(6) 
Use of quality exterior building materials (e.g., stone and brick), surfaces, and textures and avoidance of large stretches of unadorned stucco, or concrete block.
(7) 
Articulated building forms and massing with significant wall articulation and variation (e.g., insets, canopies, wing-walls, trellises).
(8) 
Multiplaned, pitched roofs with meaningful overhangs, covered walkways, awnings and arcades.
(9) 
Step-down of building scale adjacent to pedestrian routes and building entrances.
(10) 
Pedestrian-oriented ornamentation and detail at ground level.
(11) 
Building locations that provide significant pedestrian courtyards, plazas, or other common gathering areas with coordinated site furniture and lighting.
(12) 
Incorporation of man-made water features such as fountains, etc., as a prominent site amenity.
(13) 
Provisions of clearly delineated pedestrian circulation system including walkways along buildings of sufficient size to accommodate potential outdoor dining and desired hardscape improvements.
(14) 
Connect on-site pedestrian/bicycle and cartway circulation system with adjoining off-site sidewalks, bikeways, and other trails.
(15) 
Prominent access driveways with clear visibility of entrances.
(16) 
Master parking and access plans that provide for cross access between adjoining sites and minimize the number of curb cuts of collector and arterial roads.
(17) 
Signage which complements and is in scale with the building architecture.
(18) 
Screening of any visible outdoor storage, loading, or equipment areas.
(19) 
Exterior lighting that confines light spread and minimizes glare.
H. 
Building and parking area location/orientation.
(1) 
The height, scale, and mass of buildings should be compatible with the neighboring area especially when located near residential development.
(2) 
Where surrounding development is of a smaller scale, larger-scale buildings should be located internal to the site and transition down in scale to the outer edge of the site.
(3) 
Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks, and materials.
(4) 
Attractive landscape transition to adjoining properties shall be provided.
(5) 
Multiple buildings in a single project shall create a positive functional relationship to one another. Where possible, multiple buildings shall be clustered to achieve a "village" scale. This creates opportunities for plazas and pedestrian areas while preventing long "barracks-like" rows of buildings. When clustering is impractical, a visual link shall be established between buildings with the use of an arcade system, trellis, colonnade, covered walkways, landscaping, enhanced paving, building articulation and detailing, or similar features.
(6) 
Orienting buildings closer to the street to screen parking in the interior of the site and providing strong pedestrian connections to buildings is encouraged where appropriate (e.g., does not negatively impact any abutting residential areas).
(7) 
If the design of a site does not lend itself to a functional storefront along the street(s), the building facade facing the street shall be designed with enhancements comparable to that of the primary facade. Design enhancements may include real and/or faux windows, awnings/pedestrian arcades, outdoor seating/public plaza, landscape features, or other design elements that meet the intent of this guideline.
(8) 
Position entries to buildings so they are easily identifiable from the interior drives and parking lots.
(9) 
Parking lot areas should be located away and well-screened and buffered from any adjacent or nearby residential areas.
(10) 
Parking setbacks from all streets should be adequate to allow for all required buffering or screening.
(11) 
Parking should be placed at the side or rear of the lot and screened from view whenever possible. Break the parking areas up into groups of no more than 35 spaces per area separated by landscaping areas.
I. 
Parking area design.
(1) 
Large-surface parking areas and other expansive areas of paved surfaces should be designed with a series of smaller parking fields. Smaller parking fields can be incorporated by physically separating parking areas with buildings and plazas, and may also be delineated with an on-site circulation system that utilizes uninterrupted drive aisles, landscape islands and planters, pedestrian walkways, or any combination thereof.
(2) 
Parking areas shall be partially screened from view from public roads using plantings, building wall extensions, berms, or other innovative design means.
(3) 
Designs that provide for on-street parking in front of buildings may be considered if appropriate given the layout and general location of the site.
(4) 
Parking lots should have direct pedestrian connection to the building entry points, especially if the parking is located along the side and/or behind the buildings. Designated pedestrian access shall be provided from all parking areas to the primary building entrances.
(5) 
Design parking lots to avoid dead-end aisles.
(6) 
Separate parking areas from buildings by a landscaped strip whenever possible or a raised concrete walkway or pedestrian plaza.
(7) 
Orient parking aisles perpendicular to buildings so pedestrians walk parallel to moving cars. Minimize the need for pedestrians to cross multiple parking aisles and landscape areas.
(8) 
Avoid aligning all travel lanes in parking lots in long straight configurations. The maximum length of any row of parking shall be 10 parking spaces.
(9) 
Provide landscaping islands at the ends of all rows of parking.
(10) 
Use curbed landscaping islands to designate a change in direction of parking stalls and aisles.
(11) 
Provide cross-access easements between adjacent lots to facilitate the flow of traffic between complementary users.
(12) 
The required number of safe and conveniently accessible parking spaces should be provided for the physically handicapped in accordance with ADA standards. Locations shall be near building entrances and where parking space sides abut landscape islands.
(13) 
Applicants may request that the Town consider designs that provide for shared parking between different uses with staggered peak parking demand in order to reduce the total number of spaces within the development.
(14) 
Applicants may request that the Town consider the use of properly designed grass or pervious paved overflow parking areas for developments that have only periodic parking demand.
J. 
Architectural design.
(1) 
Building scale, massing, and forms.
(a) 
Nonresidential buildings shall be designed with an architectural style and/or theme. The intent of this guideline is to ensure that nonresidential development incorporates architecturally valid design of each building and architectural compatibility within an integrated development. Not all building elevations of a structure will have the same level of detailing and articulation in order to avoid monotony.
(b) 
The design of all buildings shall employ textured surfaces, projections, recesses, color, window patterns, overhangs, reveals, changes in parapet heights, and similar architectural devices to avoid monolithic shapes and surfaces and to emphasize building entries. Designs shall avoid the use of long, unbroken, flat walls.
(c) 
Building facades greater than 80 feet in length, measured horizontally, shall incorporate wall plane projections, articulation or recesses having a depth of at least 3% of the length of the facade (or at least two feet) and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 80 horizontal feet.
(d) 
Building facades shall also include a repeating pattern of one or more of the following design elements/features:
[1] 
Variations in color;
[2] 
Variations in texture;
[3] 
Change in relief;
[4] 
Material module change.
(e) 
Facades.
[1] 
Design building entries and street-side facades with elements that enhance pedestrian comfort and orientation while presenting features with visual interest that invite activity.
[2] 
Ground floor facades that face public streets or proposed promenade or pedestrian walkways shall have arcades, display windows, entry areas, awnings, canopies, or other such features. Landscaping and architectural detail at the street level should be used to soften the edge of the building and enhance the pedestrian scale and streetscape.
[3] 
Each principal building on a site shall have clearly defined, highly visible customer entrances featuring one or more of the following:
[a] 
Canopies or porticos.
[b] 
Overhangs.
[c] 
Recesses/projections.
[d] 
Arcades.
[e] 
Raised corniced parapets over the door.
[f] 
Peaked roof forms.
[g] 
Arches.
[h] 
Display windows.
[i] 
Architectural details such as tile work, moldings, stone or brick integrated into the building structure and design.
[j] 
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
[k] 
Special paving patterns and materials.
(f) 
Designs that emphasize floor lines or that express rhythms and patterns of windows, columns, cornices, dormers, and other architectural features are encouraged.
(g) 
Building components such as windows, doors, eaves, and parapets shall have good proportions and relationships to one another which are compatible in size and design.
(2) 
Roof forms and materials.
(a) 
Avoid roof lines running in continuous planes wherever appropriate.
(b) 
Appearance of a flat roof is prohibited.
(c) 
Views of flat roof sections are prohibited.
(d) 
Roof materials should be of high quality, durable, and consistent with local architectural themes.
(e) 
Design roof forms to correspond to and denote building elements and functions such as entrances, arcades, and porches.
(f) 
Roof forms should relate to adjacent buildings or developments.
(g) 
Screen rooftop mechanical units from view with architecturally integrated screening units, roof parapets, or sloped roof forms.
(3) 
Building materials.
(a) 
Exterior building materials shall be of high quality and include at least one of the following as the predominant exterior building surface:
[1] 
Stone.
[2] 
Brick.
[3] 
Tinted, textured concrete masonry units.
[4] 
Wood.
(b) 
Predominant building materials should not include the following:
[1] 
Highly reflective materials such as bright aluminum and glass.
[2] 
Painted metal.
[3] 
Plain unfinished concrete block or large expanses of unarticulated stucco.
[4] 
Prefabricated steel panels.
[5] 
Tilt-up concrete panels.
(c) 
Utilize materials in their natural texture and color.
(d) 
Use heavier materials such as natural stone and masonry on the lower levels of buildings to visually anchor them to the ground.
(e) 
Do not use plexiglass, glossy metal and backlit vinyl awnings.
(4) 
Building colors.
(a) 
The use of high-intensity, metallic, fluorescent, or black colors is prohibited.
(b) 
Choose color palettes for new buildings that are compatible with the colors of adjacent structures.
(c) 
Architectural detailing should be painted to complement the facade and coordinate with adjacent buildings.
(d) 
Roof colors shall be compatible with the dominant building color.
K. 
Pedestrian amenities.
(1) 
All commercial developments with multiple buildings or tenants shall be designed to include:
(a) 
Pedestrian plazas and courtyards that are of such scale, design and/or locations to be a focal point of activity and/or interest. Such areas should not just be aesthetically pleasing, but they should also be designed (e.g., providing ample covered/shaded areas) to serve as truly functional and desirable places of public interaction and enjoyment.
(b) 
Outdoor dining areas and sidewalk cafes should be used to bring activity to plans and courtyards, and should be placed at the edge of open spaces, or located along building and street frontages. Where feasible, create a sense of enclosure for such outdoor dining areas.
(c) 
Walkways and breezeways that provide connections between buildings and other site amenities. When located along storefronts, walkways should be of sufficient width to accommodate potential sidewalk cafes and shall be primarily covered with building overhangs, trellises, awnings, or a combination thereof.
(d) 
Water bodies that serve as a site amenity both in terms of design (e.g., size/shape/use of fountains) and interaction with other pedestrian amenities (e.g., outdoor dining areas and walkways).
(e) 
Restrooms/changing areas.
(f) 
If the applicant does not propose one or more of these features, a statement must be provided indicating what conditions, if any, inhibit their inclusion in the project. Failure to provide adequate justification for not including the features listed above shall be grounds for denial of applications.
(2) 
Aggregate open space areas for pedestrian use. Do not distribute them in low-impact areas, such as building peripheries, areas behind structures, or where barely visible.
(3) 
Delineate areas of pedestrian activity with the following features:
(a) 
Accent paving. Such paving should be used to highlight plazas, courtyards, walkways, breezeways, and building entrances.
(b) 
Landscaping. Lush in-ground plantings should be provided around pedestrian amenities to enhance aesthetic appeal and provide ample shading. Project landscaping should also include wall and/or raised planter boxes, vases/pots, and flowering vines both on walls and arbors.
(c) 
Fountains, gazebos, artwork, and other similar features. Such features should be located to draw attention to and stimulate interest in pedestrian amenities.
(d) 
Decorative lighting. Such lighting should be of relatively low intensity and not produce any glare. Wall-mounted decorative lighting fixtures should complement the architecture of the building to which they are affixed. Decorative lamp-posts should also complement the architecture of the overall project and be in scale with their surroundings.
(e) 
Furnishings. Pedestrian areas should be furnished with chairs, tables, benches, and trash containers. Such furnishings should be compatible in terms of design, color, and quality of materials used (no plastic) with the overall development in which they are located.
L. 
Vehicular access and circulation.
(1) 
Locate site access points as far as possible from street intersections to provide maximum vehicle stacking room.
(2) 
Minimize the number of street access driveways by combining curb cuts servicing adjacent uses.
(3) 
Locate and design site entries to minimize pedestrian/vehicular conflicts.
(4) 
Design entrances to align with focal points within the development.
(5) 
Driveway entrances shall not directly line up with head-in parking.
(6) 
Design internal roadways/driveways to incorporate design elements of gateway entries including use of pavers, landscaping, and lighting. The provision of tree-lined drive aisles should be emphasized.
(7) 
Avoid conflicts between adjacent parking lots by maintaining similar directions of travel and parking design.
(8) 
Design drive-through lanes to allow for vehicle stacking distance that accommodates anticipated demand without impairing traffic circulation.
(9) 
Drive-through facilities and stacking lanes shall not be located within the front yard setbacks and shall be adequately screened from view.
(10) 
Locate drop-off points near building entries and plaza areas.
(11) 
Traffic patterns shall be designed to accommodate emergency vehicles.
M. 
Pedestrian and bicycle circulation.
(1) 
Provide separate vehicular, pedestrian, and cart path circulation systems where applicable with a strong emphasis on pedestrian linkages between uses. Separation of systems should be created through design elements such as changes in grade, materials (e.g., decorative pavers), landscaping screens, structures/barriers, etc.
(2) 
Link developments with surrounding areas and uses by extending sidewalks, bike paths, cart paths and other trails directly into and across the development, and across property lines, thereby providing convenient, direct pedestrian and bicycle access to adjoining development.
(3) 
Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. Out parcels shall be connected to each other, to the main shopping center and to the public sidewalk system by pedestrian walkways.
(4) 
Internal pedestrian walkways shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances.
(5) 
Provide well-identified connections from perimeter sidewalks and bike paths to the primary pedestrian and bicycle paths within the development. Pursuant to ADA requirements, all developments shall be designed with a minimum of one designated pedestrian path from each abutting street to the primary entrance(s) of the development.
(6) 
Align walkways directly and continuously to connect pedestrian destinations.
(7) 
Internal pedestrian walkways should be designed to avoid the crossing of drive-through lanes and service drives.
(8) 
Locate bicycle parking spaces near both customer and employee building entrances but be careful not to obstruct said entrances or the flow of pedestrian traffic.
(9) 
All sidewalks and pedestrian ways should be designed to be compliant with ADA requirements and recommendations.
N. 
Landscaping design. All applicable requirements of § 210-41, Performance standards, must be met, in addition to the following:
(1) 
Landscaping should be designed as an integral part of the overall site plan with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions, screening, and shade.
(2) 
Existing desirable landscape elements and topographical features on the site should be incorporated into the design.
(3) 
Perimeter landscaping along all adjacent public right-of-ways and other abutting development shall be provided. The intent of such landscaping is to soften and help beautify the appearance of the overall development but not to totally screen the development from any public view. Landscaped buffers are required along all public rights-of-way which incorporate a combination of landscaping, berms, and/or low walls made of concrete, masonry, or other similar material and not exceeding a maximum height of three feet.
(4) 
Landscaping shall be provided adjacent to and within parking areas using landscaped islands and medians to screen vehicles from view, provide shade, and minimize the expansive appearance of parking lot fields. The extensive use of shade trees shall be required when landscaping any area of a site where vehicles will be parked.
(5) 
Landscaping should be provided along all building facades facing a parking lot or street. Anchor it to the surrounding environment and soften the appearance of the structure. In-ground landscaping should comprise the majority of the landscaping requirement. Raised planters are acceptable when designed to accentuate the architecture and/or enhance pedestrian areas.
(6) 
Unity of design shall be achieved by repetition of certain plant varieties and other materials.
(7) 
Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and good appearance shall be used.
(8) 
Plants shall be protected by appropriate curbs, tree guards, or other devices when susceptible to injury by pedestrian or motor traffic.
(9) 
Dense landscaping and/or architectural treatments should be provided to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets and other similar elements.
(10) 
Landscaping and accent paving should be used to help define and beautify main project entrances. Entries to multitenant projects should be designed as special statements reflective of the character and scale of the project in order to establish identity for tenants, visitors, and patrons. Landscaping consisting of natural vegetation should be the predominant component of the design of such entries versus hardscape components such as walls, fountains, and signage. Planting design should have focal points at project entries, plaza areas, and other areas of interest using distinctive planting and/or landscape features.
(11) 
The site design for projects located at street corners should provide special landscape treatment at street intersections to anchor the corner while taking into account sight-line issues. Improvements should complement driveway entry landscaping and enhance the character/design of the overall development.
O. 
Exterior lighting.
(1) 
Parking area light fixtures should be designed with a concealed/recessed light source that shields light downward and confines light spread within a site's boundaries and does not adversely impact any adjoining residential areas.
(2) 
Site lighting should provide consistent levels of illumination, avoiding pockets of very high or low levels of illumination.
(3) 
All building entrances and other areas of special security concern should be well lit.
(4) 
A photometric lighting plan is required for all proposed commercial developments to ensure adequate and appropriate light levels are provided for each site condition.
(5) 
Lighting sources shall be color-correct types such as halogen or metal halide.
(6) 
The same type poles and fixtures should be used throughout a multibuilding project site and be compatible with those found on adjacent residential properties.
(7) 
The maximum height of parking lot poles is 30 feet, measured from grade. The maximum height of poles within plazas and other pedestrian areas is 20 feet, also measured from grade. The use of shorter height poles than the maximums listed above shall be encouraged, provided illumination levels meet all intensity and safety requirements.
(8) 
Parking lot poles should be located in medians or perimeter buffer areas wherever possible. Landscaping improvements should not conflict with the location of poles.
(9) 
Provide separate pedestrian-scale lighting for walkways.
(10) 
Decorative lighting fixtures mounted directly on structures may be allowed when utilized for walkways or plazas near buildings provided the level of illumination is of relatively low intensity.
(11) 
"Wall paks" are permitted only in loading and service areas, and should be down-lit.
(12) 
Consider highlighting entrances, art, terraces, and special landscape features; however fixtures should be concealed to prevent glare.
P. 
Signage, subject to § 210-44.
[Amended 4-4-2011]
(1) 
The primary function of signage for any commercial center shall be to identify the location of businesses but not to serve as a supplementary means of advertisement.
(2) 
All integrated commercial developments within the Planned Commercial District (e.g., multiple tenants or buildings) shall establish a uniform sign program to ensure compatibility between signs throughout the project.
(3) 
Such sign programs may provide for the use of directional/reader board signs to assist in the location of stores in commercial centers, provided said signs are of compatible scale and architectural design.
(4) 
A signage plan shall be submitted to the Town for approval by applicant prior to final plan approval.
(5) 
Every sign shall have good scale and proportion on its design and in its visual relationship to buildings and surroundings.
(6) 
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(7) 
The colors, materials, and lighting of every sign shall be harmonious with the building and site to which it principally relates.
(8) 
All signs not on a building face shall be accompanied by landscaping in scale to the size of the sign, and the sign shall not overwhelm the landscaping.
(9) 
Permitted signs.
(a) 
Signs permitted in all districts.
(b) 
Each side of a commercial building facing a public street may have one internally or externally illuminated or unlighted wall, awning, projecting, or marquee sign.
(c) 
Each commercial use may have one illuminated or unlighted window sign.
(d) 
One internally illuminated or unlighted ground/monument sign is allowed for each side of a commercial unit that runs along a major arterial or collector road.
(e) 
Windblown displays as permitted in the MR District.
(f) 
Conditional use. All integrated complexes in the PCD shall establish a uniform sign program for compatibility between signs. Any proposed complex of three or more principal structures located on one or more contiguous properties, under common management and operation, is required to submit an application for comprehensive signage approval. Such application may be submitted for any commercial structure that has more than 400 linear feet of frontage on a principal arterial street.
(g) 
Complexes. Complexes shall meet the requirements of the regulations in § 210-18, Highway Commercial (HC) District, Subsection H, Signs.
Q. 
Utilities, mechanical and telecommunications equipment.
(1) 
Install all permanent utility lines underground.
(2) 
Locate transformers away from major pedestrian routes and outdoor seating areas.
(3) 
Buffer all transformers, telecommunication devices, equipment switching boxes and other utility cabinets from street and pedestrian areas with landscaping and/or architectural screens. Do not leave meters exposed where visible to the public.
R. 
Storage, loading and service areas.
(1) 
Locate loading docks, storage and service areas away from any public street in areas of low visibility, such as the rear of buildings.
(2) 
Screen such areas from public view with walls and/or landscaping. Such screens shall be of a color and material matching or compatible with the dominant colors and materials found on the facades of the primary building(s).
(3) 
Combine loading docks and service areas between multiple sites.
(4) 
Clearly identify service entrances with signs to discourage the use of main entrances for deliveries.
S. 
Trash/recycling facilities.
(1) 
Trash enclosures and containers shall be sized to accommodate the volume of refuse but should also take advantage of opportunities to centralize enclosures where there are multiple buildings or users.
(2) 
Trash facilities shall be enclosed on three sides and screened from view.
(3) 
Trash enclosures shall be located in low-visibility areas.
(4) 
Trash enclosures shall be located so not to obstruct drive aisles, pedestrian walkways, and access to parking spaces. They must be located so as to be conveniently accessed by refuse haulers and not infringe on any of the areas noted immediately above.
T. 
Maintenance factors.
(1) 
Continued good appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep.
(2) 
Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse.
(3) 
Provision for washing and cleaning of building and structures, and control of dirt and refuse, shall be included in the design. Configurations that tend to catch and accumulate debris, leaves, trash, dirt, and rubbish shall be avoided.
[Added 12-4-2006]
A. 
Purpose. The purpose of this district is to provide a suitable classification for public or private sites permanently designated for parks, open spaces, or recreational sites and to protect the public health and safety by limiting lands which are subject to flooding or other hazards to open space uses.
B. 
Principal permitted uses:
(1) 
Parks.
(2) 
Lands designated for protection and preservation of natural resources, such as nature preserves, fish and wildlife areas, etc.
(3) 
Public athletic facilities and fields, and swimming pools.
(4) 
Playgrounds.
(5) 
Outdoor educational facilities.
(6) 
Public monuments or art.
(7) 
Outdoor amphitheaters.
(8) 
Public outdoor meeting or festival grounds.
(9) 
Public recreation.
(10) 
Public piers, marinas, and docks.
(11) 
Community gardens.
(12) 
Temporary structures or shelters in conjunction with fairs, festivals, and other community events.
C. 
Accessory uses permitted:
(1) 
Off-street parking and loading facilities.
(2) 
Concession stands, restrooms, locker rooms and utility buildings.
(3) 
Other accessory uses which are incidental to open space or recreational uses.
D. 
Uses allowed by special exception:
(1) 
Uses. The following uses may be approved within the Open Space (OS) District by the Town Council as a special exception in accordance with the procedures set forth in Article VII, § 210-59B:
(a) 
Electrical substations.
(b) 
Switching buildings.
(c) 
Water storage facilities.
(d) 
Water or wastewater treatment facilities.
(e) 
Transportation or communication utilities.
(f) 
Similar public agencies uses or public utilities.
(2) 
Standards and conditions for approval of a special exception for the above-referenced uses with the Open Space (OS) District.
(a) 
The use must serve a public purpose and the parcel must have been zoned Open Space (OS) concurrently with the adoption of this section. The applicant requesting a special exception must demonstrate that no other location is able to be used or to be as strategically located for the use requested.
(b) 
The following requirements shall apply to all uses permitted by special exception within the Open Space (OS) District:
Requirement
Minimum
Lot area
2 acres
Lot frontage
100 feet
Front yard setback
50 feet
Side yard setback
50 feet
Rear yard setback
50 feet
(c) 
Uses permitted by special exception shall provide a buffer for all yard 5A as defined in the buffering, screening, and landscaping regulations of the Town of Millsboro in § 210-41.
(d) 
Appropriate safety fencing shall be provided.
(3) 
Area and yard requirements.
(a) 
Permitted structures shall meet the following minimum setback requirements:
Type of Yard
Minimum Setback
(feet)
Front
20
Rear
10
Side, each
10
(b) 
Maximum structure coverage shall not exceed 25% of the parcel, and total impervious coverage shall not exceed 30% of the parcel. All structures should be well located with regard to recognized principals of civic design, land use planning, landscape architecture and natural resource conservation standards.
(c) 
Public monuments and memorials shall be exempt from the above setback requirements
(4) 
Buffering requirements. Active recreation uses and public utilities and any other use shall provide an evergreen screen as required in § 210-41.
E. 
Nonconforming uses and structures. Nonconforming uses and structures within the Open Space District shall be subject to the regulations of this chapter.
F. 
Signs, subject to § 210-44.
[Added 4-4-2011]
(1) 
Signs permitted in all districts.
(2) 
Monument signs not to exceed 12 square feet on each side with the name of park or open space use.
[Added 1-2-2007]
A. 
Purpose. The purpose of the Wellhead Protection Overlay Zone is to protect the public drinking water supply in the Town of Millsboro from land uses which pose a threat to the quality (and/or quantity) of the groundwater being extracted from wells which serve public water systems.
B. 
Applicability. This section applies to all land uses located or proposed within the area delineated as the Wellhead Protection Overlay Zone on the Official Zoning Map of the Town of Millsboro.
C. 
Establishment of districts. The Wellhead Protection Overlay Zone consists of three districts:
(1) 
Immediate Recharge Area District: Land located within the "wellhead areas," as classified in the Millsboro Comprehensive Plan adopted May 2004, Map 2 - Environmental Features, and may be amended as new municipal well sites are constructed or proposed.
(2) 
Primary Recharge Area District:
(a) 
Land located within the "excellent recharge areas," as classified in the Millsboro Comprehensive Plan adopted May 2004, Map 2 - Environmental Features.
(b) 
This district may include aquifer areas identified as potential new municipal well sites by a Delaware-Certified geologist using accepted hydrogeologic techniques.
(3) 
Secondary Recharge Area District: land located within the "good recharge areas," as classified in the Millsboro Comprehensive Plan adopted May 2004, Map 2 - Environmental Features.
D. 
Land uses. The following Wellhead Protection Overlay Zone Table supplements the uses permitted by district regulations. Where a land use is not permitted in the underlying zoning district, the use is not permitted. Where a land use is permitted in the underlying zoning district, the Wellhead Protection Overlay Zone Table shall control.
KEY:
y
=
Permitted
n
=
Not permitted
SP
=
Permitted subject to site plan review and use of best management practices
WELLHEAD PROTECTION OVERLAY ZONE
TABLE OF POTENTIAL SOURCES OF CONTAMINATION
Uses
District
Immediate
District
Primary
District
Secondary
1. Abandoned wells6
n
n
n
2. Agricultural chemical spreading, spraying
n
SP1
SP1
3. Agricultural chemical storage
n
SP1
SP1
4. Airport fire-fighter training areas
n
n
SP
5. Airport fueling areas
n
n
SP
6. Airport maintenance
n
n
SP
7. Auto chemical supplies wholesalers
n
SP3
SP
8. Auto repair
n
SP3
SP
9. Auto washes
n
SP2
SP
10. Beauty salons
n
SP
SP
11. Boat builders, refinishers
n
SP3
SP
12. Body shops
n
SP3
SP
13. Chemical reclamation
n
n
n
14. Chemical bulk storage
n
n
SP
15. Concrete, asphalt, tar, coal companies
n
SP
SP
16. Construction sites/demolition activities
SP
y
y
17. Covered salt or sand/salt piles
n
SP
SP
18. Demolition of uses listed in this table
SP
SP
SP
19. Dry cleaners
n
SP3
SP
20. Feed lots
n
n1
SP1
21. Fertilized fields, agricultural
n
SP1
y
22. Food processors
n
SP3
SP
23. Fuel distributors, fuel storage
n
SP3
SP
24. Furniture strippers
n
SP3
SP
25. Gas stations, service stations
n
SP3
SP
26. Golf courses
n
SP
SP
27. Parks
SP
SP
y
28. Graveyards
n
SP
y
29. Hazardous or special waste disposal
n
n
SP
30. Heat treaters, smelters, annealers, descalers
n
n
SP
31. Heating oil storage (consumptive use)
n
y
y
32. Industrial manufacturers
n
SP3
SP
33. Industrial waste disposal
n
n
n
34. Junk, salvage yards (including tire storage)
n
n
n
35. Landfills, dumps
n
n
n
36. Transfer stations and recycling facilities
n
SP3
SP
37. Laundromats
n
SP2
SP
38. Machine shops
n
SP3
SP
39. Manure piles
n
SP1
SP1
40. Meat packers, slaughter houses, abattoirs
n
SP2
SP
41. Medical, dental, vet offices
n
SP
SP
42. Metal plating/electroplating
n
n
SP3
43. Nurseries (horticultural)
n
SP
SP
44. Oil pipelines
n
n
SP
45. Painters, finishers
n
SP3
SP
46. Pesticide, herbicide, wholesalers or retailers
n
SP3
SP
47. Pesticide, herbicide bulk storage
n
n
SP
48. Photo processors
n
SP2 or 3
SP
49. Printers
n
SP2 or 3
SP
50. Railroad yards
n
SP3
SP
51. Research laboratories
n
SP2 or 3
SP
52. Residential homes
n
y
y
53. Rust-proofers
n
SP
SP
54. Open salt or sand/salt piles
n
n
SP
55. Sand and gravel, mining, other mining
n
SP
SP
56. Sludge utilization
n
n
SP
57. Small engine repair shops
n
SP
SP
58. Snow dumps
n
n
SP
59. Stormwater impoundment
n
SP3
SP
60. Subdivisions
4
4
4
61. Transportation corridors including rail
n
SP
SP
62. Truck terminals
n
SP3
SP
63. Utility corridors
n
SP
SP
64. Wastewater impoundment areas
n
n
SP
65. Wastewater treatment plants
n
SP
SP
66. Wood preserving operations (commercial)
n
n
SP
Notes:
1
Existing agricultural operations may continue if using state-approved BMPs.
2
If connected to public sewer system which is in compliance with state and federal law and regulations.
3
Limit size. (Limits should be based on municipal needs.)
4
Shall be reviewed under subdivision regulations to insure that groundwater quality meets the preliminary and secondary drinking water standards at the property line.
5
Must comply with BMP established by DNREC.
6
Wells must be filled with inert, compact natural soil material and all piping removed.
E. 
Lot specifications.
(1) 
Residential housing shall have densities as required in the table below.
District
Land Area Per Dwelling Unit
Immediate
120,000 square feet*
Primary
80,000 square feet*
Secondary
As in underlying district
Note:
If the dwelling is served by public water and sewer, the minimum lot size in the underlying district shall apply.
(2) 
For other nonresidential developments, the lot size shall be as required for the underlying district, and the percentage of the lot which can be covered by impermeable surfaces, including parking areas, shall be limited as presented in the following table.
District
Maximum Lot Coverage
Immediate
30%
Primary
50%
Secondary
50%
F. 
Application requirements. All uses requiring site plan review, as indicated in the Table of Potential Sources of Contamination, shall be required to provide the following information in addition to the site plan or subdivision requirements established in Chapter 210, Zoning, and Chapter 178, Subdivision. All applications shall contain the following information:
(1) 
Written information:
(a) 
Name of development, municipality, tax map and lot numbers;
(b) 
Owner and applicant's names and addresses and name and address of person who prepared plan;
(c) 
Name and address where correspondence should be sent;
(d) 
If applicant is a corporation, a statement whether the corporation is licensed to do business in Delaware;
(e) 
Copy of deed for property and verification of ownership or legal interest;
(f) 
Interest the applicant has in any property abutting the parcel to be developed;
(g) 
Statement whether the development covers the entire or contiguous holdings of applicant;
(h) 
Location of property: book and page;
(i) 
Location of property: map and lot;
(j) 
on-site sewage disposal report from licensed site evaluator or information from the Town Engineer indicating sewer capacity;
(k) 
Special reports including soils, engineering design, erosion and sediment control plan, stormwater management plan and long-term maintenance provisions;
(l) 
Traffic and parking assessment;
(m) 
Hydrogeological assessment;
(n) 
Necessary state and/or federal permits and date of application;
(o) 
List of construction items and cost estimates;
(p) 
Construction schedules;
(q) 
Proposed method of performance guarantee; and
(r) 
Restrictions, conditions, covenants and easements.
(2) 
Plan information:
(a) 
Existing and proposed streets;
(b) 
Outline of development and remaining portion or portions;
(c) 
Scale, written and graphic; date and North point;
(d) 
Perimeter survey (bearings and distances, surveyor's seal, number of acres existing and proposed monuments and abutters' names);
(e) 
Lot lines, numbers and sizes, and building setback lines;
(f) 
Existing water bodies, watercourses, wetlands and other significant natural features;
(g) 
Public and private rights-of-way and easements, and zoning boundaries;
(h) 
Location of test pits keyed to site evaluator's or soil scientist's report;
(i) 
Base flood evaluation, if applicable;
(j) 
Written request for waivers or variances;
(k) 
Location and design of culverts, drains and other stormwater control structures, existing and proposed;
(l) 
Location and design of proposed sewers and water lines;
(m) 
Typical engineering plan, profiles and cross sections;
(n) 
Medium-intensity or high-intensity soils maps;
(o) 
Location of parking, open space, conservation and/or recreation areas;
(p) 
Landscaping plan;
(q) 
Surface drainage plan;
(r) 
Soil erosion and sedimentation control features;
(s) 
Landscaping details;
(t) 
Locations, dimensions and profiles of underground utilities;
(u) 
Profile and typical cross sections of streets and other public works; and
(v) 
Location/identification of buffers, lots or areas to be restricted or dedicated for common or public use.
G. 
Additional application requirements for site plan review for certain activities within the Wellhead Protection Overlay Zone. Subsections G(1) through (5) present additional information needed for applications for site plan review for certain types of activities within the Wellhead Protection Overlay Zone. These subsections include categories which apply to the land uses (Potential sources of contamination) in Subsection D. Uses are grouped by category. More than one of the categories may apply to a particular use. Applicants should request assistance from the Code Enforcement Officer should there be questions as to which categories apply.
(1) 
Construction/demolition activity. This category applies to the majority of applications. Even though construction activity is generally permitted, the Town needs additional information for construction or demolition of the uses listed. On the Potential Sources of Contamination Table, these activities include Nos. 17 and 18, as well as construction or demolition of most of the other items in the table. Additional land uses may also fall under this category. The following is required:
(a) 
Provisions for solid waste handling, storage and disposal;
(b) 
Provisions for a sanitary facility;
(c) 
An engineering report which provides:
[1] 
Information concerning storage and disposal of waste materials;
[2] 
Provisions for fuel storage and refueling;
[3] 
Provisions for storage of any liquid chemicals used in the construction process; and
[4] 
Provisions for storage of any bulk chemicals used in the construction process.
(2) 
Stormwater management. This category includes item Nos. 59 and 60 from the Table of Potential Sources of Contamination in Subsection D, but may also be associated with several additional items on the table or with activities not included on the table. The following engineering calculations are required:
(a) 
Design and capacity of subsurface collection facilities;
(b) 
Design of dry wells, storage, retention or detention facilities and other surface water impoundments;
(c) 
Stormwater system outlets;
(d) 
Delineation of postdevelopment drainage areas; and
(e) 
Plans for ice control, use of road salt and snow removal.
(3) 
Other information. Engineering calculations and plans which provide:
(a) 
Design and capacity of subsurface collection facilities;
(b) 
Design of dry wells, storage, retention or detention facilities and other surface water impoundments;
(c) 
Stormwater system outlets;
(d) 
Delineation of postdevelopment drainage areas;
(e) 
Plans for ice control, use of road salt and snow removal;
(f) 
Description of source of water, use of water and final water quality (water quality parameters to be specified by applicant); and
(g) 
Amount of consumptive water use.
(4) 
Hazardous materials and other chemicals: handling and storage. This subsection pertains to any commercial site where chemical compounds are handled and/or stored. These activities may include item Nos. 1, 2, 4, 6, 10, 12, 13, 15, 19, 23, 24, 25, 26, 28, 30, 31, 32, 34, 40, 43, 45, 46, 47, 50, 52, 53, 54, 62 and 65 on the Table of Potential Sources of Contamination.
(a) 
Type of volume of chemical compounds handled and/or stored.
(b) 
Site plan showing all storage, handling and use areas for raw materials and wastes.
(c) 
For outside areas, details to contain spills including drainage and contour information to prevent the flow of runoff from entering the storage area and which keep leaks or spills from flowing off site.
(d) 
Provisions to collect chemicals should they enter the drainage system.
(e) 
Provisions to segregate underground systems to insure that there are no cross-connections.
(5) 
Statement of emergency measures which can be implemented for surface drainage systems.
(a) 
For inside areas, details to contain spills including the:
[1] 
Design of dikes around rooms;
[2] 
The location of floor drains and floor drain outlets;
[3] 
The location of separators, holding tanks and/or drain outlets;
[4] 
The specific location and design of underground storage structures;
[5] 
The location and design of piping systems for wash waters and other waste liquids to insure that inappropriate wastes are discharged and that wastes are discharged to appropriate sewers or treatment systems; and
[6] 
A spill prevention and control and countermeasure [SPCC] plan detailing:
[a] 
Materials and equipment to be available;
[b] 
A training plan and schedule;
[c] 
A list of contacts (EPA,DNREC and/or local fire officials) with phone numbers;
[d] 
An inspection schedule; and
[e] 
A report by an industrial engineer or other competent professional detailing:
[i] 
Steps which have been taken to reduce the use of hazardous materials;
[ii] 
Actions which have been taken to control the amount of wastes generated; and
[iii] 
Any reports to provide information on the design theory or methodology for the above features.
(6) 
Petroleum handling and storage. This subsection pertains to sites where petroleum products (fuels, solvents and lubricants) are handled in bulk quantities of over 1,000 gallons. These activities may include item Nos. 4, 23, 24, 26, 31, 65 and others from the Table of Potential Sources of Contamination in Subsection D. For the use of petroleum products for machinery or equipment maintenance, or for quantities stored in smaller quantities such as fifty-five-gallon drums, reference should be made to the chemical storage and handling category.
(a) 
Site plan showing storage, handling and use areas for all petroleum products.
(b) 
Provisions for heating oil storage.
(c) 
For outside areas, details which provide drainage and contour information to prevent the flow of runoff from entering the storage area and to prevent leaks or spills from flowing into surface waters or to areas where they could leach into groundwater.
(d) 
Provisions to contain and clean up petroleum products should they enter the drainage system.
(e) 
Separators for underground piping systems.
(f) 
Emergency measures which can be implemented for open drainage systems.
(g) 
Exact location of tanks, piping and separators so that inspection, detection, cleanup or other emergency measures can be accomplished in a timely, efficient manner.
(h) 
A plan detailing:
[1] 
Materials and equipment to be available;
[2] 
A training plan and schedule;
[3] 
A list of contacts (local fire officials, DNREC) with phone numbers;
[4] 
The inventory recording method and an inspection schedule;
[5] 
A design of the containment system for the bulk storage tanks prepared by a professional engineer registered in the State of Delaware; and
[6] 
A hydrogeological report. The hydrogeological report will vary in scope depending on the general nature of the geology, the size and design of the facility, and the need for groundwater monitoring. At a minimum, the hydrogeologic report should characterize the geology, determine the groundwater gradients, and analyze the potential for groundwater degradation from the activity. The analysis should contain a list of potential threats and recommend methods of controlling those threats.
(7) 
Sewage disposal and subsurface injection. This subsection pertains to subsurface injection activities as defined by state regulations and including septic systems and other on-site sewage disposal. These activities include land use No. 29 from the Table of Potential Sources of Contamination in Subsection D. Additional land uses may also fall under this category.
(a) 
Provisions for sewage disposal, including:
[1] 
A soil evaluator's report and septic system design;
[2] 
In the Immediate and Primary Districts, for sites/uses producing more than 1,000 gallons of sewage, a hydrogeologic analysis of nitrate concentrations at the property line;
[3] 
In the Secondary District, for sites/uses producing more than 2,000 gallons of sewage, a hydrogeologic analysis of nitrate concentrations at the property line;
[4] 
In the Immediate and Primary Districts, evaluation of public/private sewer system capacity and integrity of sewer lines serving the development by a registered engineer or the Sewer System Superintendent.
(b) 
Provisions and designs for all floor drains, grease traps and holding tanks.
(8) 
Other water supplies. This subsection pertains to all surface water or groundwater supplies other than domestic wells. Other water uses, except domestic, may also be included in this category. A hydrogeologic report identical to that required for state approval of new water supply is required.
(9) 
Installation of monitoring wells. This subsection pertains to all monitoring or observation wells. Other activities may also include or require monitoring wells.
(a) 
Location and construction specifications;
(b) 
Intended purpose;
(c) 
Sampling schedule; and
(d) 
Provisions for informing the appropriate Town body of sampling results.
H. 
Control of existing threats.
(1) 
The Code Enforcement Officer shall have the right to enter and inspect all premises which carry on the uses listed in the preceding table and requiring site review due to their location in one of the wellhead protection districts. The Code Enforcement Officer may be accompanied by other representatives of the Town, including a consultant employed by them. Further, the Code Enforcement Officer shall have the right, upon 24 hours' notice, to conduct such testing as the Town may deem appropriate to determine that best management practices and groundwater pollution control devices are in good condition and are working properly. Such testing shall be at the Town's expense. If such testing indicates that the groundwater has been contaminated above the state primary or secondary drinking water standards, then further testing shall be at the expense of the existing owner of the land in question. Additionally, the owner shall reimburse the Town for expenses incurred in the initial well installation and testing.
(2) 
The Town shall have the right to install groundwater monitoring wells and shall further maintain the right to sample such wells on properties within the wellhead protection districts when the Town can clearly show that groundwater monitoring in the area will serve to protect the public water supply from existing or potential threats as listed in the preceding table (or for the alternative table, for uses requiring a site review in the preceding table). Should the Town and/or DNREC determine that such a monitoring well is necessary to monitor an existing threat to public water supply, the Town may require the property owner to install such a monitoring well at the property owner's expense.
(3) 
Uses listed in the preceding table shall install the best management practices as required and modified and updated by the Delaware Department of Natural Resources and Environmental Control.
[Added 2-2-2009]
A. 
The Town of Millsboro finds that while commercial establishments, whether in the form of single establishments or shopping centers, are critical to the continued economic vitality of the Town and to the well-being of its citizens, they can also have significant aesthetic, economic, traffic-related and other impacts upon the community; because the viability of commercial establishments depends in large part upon high visibility from public streets and location in busy areas of the Town, their building and site design has an especially significant impact upon the character and attractiveness of the Town in general and its streetscapes in particular; the protection and enhancement of the positive aesthetic qualities of the Town, including its commercially developed areas, has a direct and substantial bearing upon its continued economic vitality, and the visual environment confronted by individuals in their daily routines has a profound effect on personal attitudes and productive capacities.
B. 
Purpose.
(1) 
The purpose of the Large-Scale Commercial Overlay District is to implement special zoning regulations:
(a) 
To break up the apparent mass and scale of large retail structures;
(b) 
To help integrate large-scale commercial development with its surroundings;
(c) 
To promote and facilitate a safe and comfortable pedestrian-scale environment;
(d) 
To encourage a mixture of uses and sizes of structures;
(e) 
To reduce the visual impact of large areas of parking; and
(f) 
Encourage master planned commercial development, with minimal impacts to the surrounding commercial and residential districts.
(2) 
The intent of this overlay district is to provide special regulatory protection for development located in the Highway Commercial District and to foster sensitive transition from higher density retail development to lower density retail and residential areas.
(3) 
To ensure this end, no development or resource utilization activity shall be permitted until the applicable approving authority shall make specific findings that the proposed development is consistent with the goals and/or objectives of the Large-Scale Commercial Overlay District.
C. 
Applicability.
(1) 
All development within the Large-Scale Commercial Overlay District must comply with regulations contained in this chapter.
(2) 
In addition to compliance with all other requirements of this chapter, new construction of retail establishments exceeding 20,000 gross square feet as a single tenant or combination of tenants in a single structure within the Highway Commercial District must also comply with the standards established by this section. Applicability for existing structures that are proposed to be remodeled or enlarged shall be based on the gross square footage of the existing structure at the time of the effective date of this section.
(3) 
Additions equal to or exceeding 25% of square footage of the existing structure(s) must comply with the standards established by this section.
(4) 
Remodeling and renovations that are equal to or exceed 25% the assessed value of existing structure(s) must comply with the standards established by this section.
(5) 
Land use regulations and development standards shall be those of the base zoning district, except as modified by the Large-Scale Commercial Overlay District as follows. Where conflict occurs between the base zoning and the Large-Scale Commercial Overlay District, the Large-Scale Commercial Overlay District prevails.
D. 
Eligibility requirements. No land area shall be zoned Large-Scale Commercial Overlay District unless the follow conditions are met:
(1) 
Minimum district requirements. The land shall contain a minimum acreage of 15 acres. Parcels or tracts less than the minimum acreage may be permitted if they are contiguous to an existing Large-Scale Commercial Overlay District and can be harmoniously integrated into the larger commercial development, consistent with the requirements and purposes of this zone. Parcels less then 15 acres may be joined with adjacent parcels as part of a Large-Scale Commercial Overlay District if the total of all said parcels is at least 15 acres.
(2) 
The land area shall have access to an existing or planned arterial or collector road;
(3) 
The land area shall be served by adequate existing or planned infrastructure;
(4) 
The land areas may contain a single parcel or multiple parcels;
(5) 
The land in a Large-Scale Commercial Overlay District need not be under single ownership, provided that proper assurances are given, through the procedures contained in this section or elsewhere in these regulations, that the project can be successfully completed and maintained.
E. 
Area and yard requirements.
(1) 
The area and yard requirements provided in § 210-18E(3) shall apply. The Planning Commission may recommend and Town Council may impose conditions regarding the layout and design of the proposed development based on special circumstances arising from the nature or shape of the property or to allow for superior design of the master planned commercial center. Where applicable, the conditions shall require the appropriate deed restrictions be filed to assure compliance with the development plan.
(2) 
Maximum building coverage for an individual lot that is part of a commercial development project may be reduced as a condition of approval if the overall project meets the coverage requirement.
F. 
Site layout and building locations.
(1) 
Buildings located on shopping center outparcels shall be located so as to encourage pedestrian traffic and highlight architectural details of the buildings.
(2) 
In order to reduce the impact of the large-scale (big-box) structures from the street side, parent/anchor structures should be located behind, and away from the street. Smaller structures should be closer to the street.
G. 
Pedestrian access, circulation and amenities.
(1) 
Guideline: Pedestrian accessibility opens auto-oriented developments to the neighborhood, reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access and safety.
(2) 
Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. Outparcels shall be connected to each other, to the main shopping center and to the public sidewalk system by pedestrian walkways.
(3) 
Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
(4) 
Internal pedestrian walkways shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances.
(5) 
All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
(6) 
Walkways shall connect focal points of pedestrian activity such as transit stops, street crossings, building and store entry points, and parking areas. The walkways should feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials to enhance the appearance of the walkway areas and must have adequate lighting. This landscaping shall be credited toward the parking lot landscaping requirements.
H. 
Parking.
(1) 
Guideline: Parking areas should provide safe, convenient and efficient access. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged and architectural details take on added importance.
(2) 
Parking lot design and vehicular circulation.
(a) 
Vehicular parking areas should be distributed around at least three sides of retail buildings in order to shorten the distance to other buildings and public sidewalks and reduce the perceived overall scale of the paved parking surface.
(b) 
In order to reduce the scale of parking areas, no single parking area shall exceed 200 spaces unless divided into two or more subareas separated from each other by landscaping, access drives or public streets, pedestrian walkways, or buildings.
(c) 
The design of these separators shall consider pedestrian movements, conflict points with vehicles, site distance and angles, security site lighting, and safety within the parking lot area.
(d) 
Separations shall be no less than eight feet in width at any point.
(e) 
Pedestrian walkways shall provide access from the parking area to the primary building in such manner that pedestrians using the walkways will be required to traverse the vehicular parking aisle to the minimum extent possible. Such walkways shall be located so that no customer entrance is farther than 100 feet from the nearest walkway.
(f) 
A pedestrian accessway shall be provided for every customer entrance.
(g) 
The parking lot shall be designed with traffic-calming features along the fire lanes fronting the building facades. Parking lots shall be designed to reduce vehicle movement along the fire lane.
(h) 
Design features may include cross-driveways, ninety-degree parking space design, and consideration of site access points.
(i) 
For large-scale, commercial-retail buildings 75,000 square feet and larger, at least 10% of the required parking spaces shall be placed in the side areas of the proposed development project. Alternative design solutions for these parking lot design requirements that meet and exceed the intent and purpose of this section may be approved by the Town Council.
(3) 
Parking lot location.
(a) 
No more than 50% of the off-street parking area for the lot, tract or area of land devoted to the large retail establishment shall be located between the front facade of the large retail establishment and the abutting streets.
(b) 
The parking lot(s) shall be located between the smaller structures and the larger structure (anchor store).
(c) 
No parking shall be located on outparcel sites between such buildings and public streets.
(4) 
Number of spaces.
(a) 
The parking standards of § 210-18F and § 210-40, Off-street parking and loading; driveways, shall apply. However, if, in the opinion of the Town Council, the required number of parking spaces and/or off-street parking is excessive and will lead to unnecessary expanses of pavement and impervious surfaces, the Town Council may impose conditions to reduce the parking standards of § 210-18F and § 210-40, provided the applicant present a parking needs analysis with findings that a reduction in parking spaces is warranted and aids in the overall good design of the commercial center.
(b) 
The maximum number of parking spaces provided shall not exceed the minimum number required by more than 10%.
(c) 
A minimum of 10% of the parking area shall be pervious parking. Pervious parking areas shall be constructed of permeable pavement and turf pavement like turf block, turf stone, and SF-Rima or grass, or some other material as approved by the Town Council. If grass parking is proposed, the parking shall be designed and constructed with a structural support, i.e., geo-grid, geo-block, etc. The areas designated for pervious parking shall be maintained. The areas designated for pervious parking shall be located throughout the parking lot area in conjunction with best management practices for an integrated stormwater management system.
(d) 
The required number of parking spaces for an individual lot that is part of a master planned retail development project may be reduced with conditions of approval if the overall project meets the parking requirements.
(e) 
Applicants may request that the Town consider designs that provide for shared parking between different uses with staggered peak parking demand in order to reduce the total number of spaces with the development. Shared parking may be granted as a condition of approval.
I. 
Landscaping and buffering.
(1) 
The buffering, screening and landscape performance standards of § 210-41A shall apply.
(2) 
The required buffering, screening and landscape requirements for an individual lot that is part of a master planned retail development project may be reduced with conditions of approval if the overall project meets the standards.
J. 
Lighting.
(1) 
The lighting standards of § 210-40B shall apply.
(a) 
All outdoor lighting should be coordinated as to style, material and color. Neutral- and earthtone-colored (no primary colors) lighting fixtures are encouraged. Lighting throughout the site should overlap, creating an even level of illumination throughout.
(2) 
Within the parking area, the use of pedestrian-level lighting should be considered along any pedestrian walkways.
K. 
Outdoor storage and service.
(1) 
Guideline: Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem.
(2) 
The loading standards of § 210-18F and § 210-40, Off-street parking and loading; driveways, shall apply.
(3) 
The screening standards of § 210-41A(2), Screening, shall apply.
(4) 
Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances.
(a) 
Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from abutting streets.
(b) 
No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrian way.
(c) 
Loading docks, truck parking, outdoor storage, utility meters, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
(d) 
Vending machines shall not be visible from a public street. If vending machines are present, building facades should include an area screened from public streets but visible to security personnel.
(e) 
Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. A solid fence or wall and native plants shall screen such equipment.
(f) 
All outdoor display areas, including garden centers and any seasonal sales, shall be enclosed and screened on all sides with walls and/or fences. Chain link fences are strongly discouraged. Materials, colors and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.
(g) 
All outdoor display areas shall be designated on the site plan and must not extend into parking areas.
L. 
Signage, subject to § 210-44.
[Amended 4-4-2011]
(1) 
A comprehensive signage plan shall be submitted to the Town for approval by applicant along with the plan materials. Such plan must be approved at final plan approval.
(a) 
Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.
(b) 
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(c) 
The colors, materials, and lighting of every sign shall be harmonious with the building and site to which it principally relates.
(d) 
All signs not on a building face shall be accompanied by landscaping in scale to the size of the sign, and the sign shall not overwhelm the landscaping.
(e) 
No sign, including the sign structure, shall exceed 35 feet in height.
(f) 
The maximum total sign area shall not exceed the requirements per the underlying district. The total sign area may be reduced by no more than 30%.
(2) 
Permitted signs.
(a) 
Signs permitted in all districts.
(b) 
Each side of a commercial building facing a public street may have one internally or externally illuminated or unlighted wall, awning, projecting, or marquee sign.
(c) 
Each commercial use may have one illuminated or unlighted window sign.
(d) 
One internally illuminated or unlighted ground/monument sign is allowed for each side of a commercial unit that runs along a major arterial or collector road.
(e) 
Windblown displays as permitted in the MR District.
(f) 
Conditional use. All integrated complexes in the LSCOD shall establish a uniform sign program for compatibility between signs. Any proposed complex of three or more principal structures located on one or more contiguous properties, under common management and operation, is required to submit an application for comprehensive signage approval. Such application may be submitted for any commercial structure that has more than 400 linear feet of frontage on a principal arterial street.
(g) 
Complexes. Complexes shall meet the requirements of the regulations in § 210-18, Highway Commercial (HC) District, Subsection H, Signs.
M. 
Administration.
(1) 
Site plan review requirements.
(a) 
Applying the Large-Scale Commercial Overlay District will be permitted only in accordance with a development plan, which is approved by the Town Council in accordance with the requirements and procedures contained in this section.
(b) 
The development plan shall display the requirements identified in § 210-66B, Preliminary site plan requirements, and Chapter 178, Subdivision of Land, (§ 178-7). The development plan shall also include:
[1] 
Land use plan or plans showing location and arrangement of all proposed land uses, heights of buildings, setbacks and side yards, proposed internal and external traffic circulation (including widths, driveways and access), pedestrian circulation, proposed open space dedications and easements.
[2] 
General landscaping and screening plan showing general types, location and design of landscaping and screening.
[3] 
A tabular summary of percentage of site devoted to buildings, open space, streets and parking areas, and total floor area of all nonresidential structures.
[4] 
Plan showing proposed generalized parking arrangements.
[5] 
Architectural sketches of typical proposed structures and typical landscaping and screening areas.
[6] 
A plan or report indicating the extent, timing and estimate costs of all off-site improvements such as roads, sewer and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development.
[7] 
A report or plan showing the adequacy of public facilities and services such as water, sewer drainage, streets and roads to serve the proposed development.
[8] 
General plan for sedimentation and erosion control and stormwater management.
(c) 
Upon approval of the Preliminary Plan and affixing of the Overlay Zone, the applicant shall submit the final plans displaying the requirements identified in § 210-66C, Final site plan requirements, and Chapter 178, Subdivision of Land, (§ 178-7).
(2) 
General design standards.
(a) 
To further the intent of the district to provide an integrated master plan setting for uses in the Large-Scale Commercial Development Overlay District shall be designed in accordance with the following:
[1] 
Designed as an integrated and comprehensively planned area and using a common parking area, shared ingress and egress, pedestrian walkways, open space, stormwater management facilities and water and wastewater utilities.
[2] 
Internal access streets should be provided to serve uses in a (Large Scale Retail). Individual access points for individual uses onto an existing collector or arterial roadway shall not be permitted.
[3] 
The landscaping plan that is required per § 210-41A shall provide a continuous landscape pattern throughout the entire site. An overall landscape plan for the entire site shall be provided that provides for this continuity but also allows for flexibility as specific buildings and accessory uses are located within the site.
[4] 
To the maximum extent feasible, any provision of utilities, including but not limited to water, wastewater, storm drainage and stormwater management facilities shall be provided in a coordinated fashion to address the ultimate needs of the entire site.
[Added 6-1-2009]
A. 
Purpose: to allow development consistent with design principles of traditional neighborhoods. A traditional neighborhood is compact; is designed for the human and pedestrian scale; provides a mix of uses, including residential, commercial, civic, and open space uses in close proximity to one another in the neighborhood; provides a mix of housing styles, types and sizes to accommodate households of all ages, sizes and incomes; incorporates interconnected streets with sidewalks and bikeways and transit that offer multiple routes for motorists, pedestrians and bicyclists and provide for the connections of those streets to existing and future developments; incorporates significant environmental features into the design.
B. 
Eligibility requirements. No land area shall be zoned TND unless the following conditions are met:
(1) 
Minimum district requirements. The land shall contain a minimum acreage of 40 acres. Parcels or tracts less than the minimum acreage may be permitted if they are contiguous to an existing TND zoned area and may be harmoniously integrated into the TND area, consistent with the requirements and purposes of this zone. Parcels less than 40 acres may be joined with adjacent parcels as part of TND master site planning if the total of all said parcels equals 40 acres or more.
(2) 
The land area shall have access to an existing or planned arterial or collector road.
(3) 
The land area shall be served by adequate existing or planned infrastructure.
(4) 
The land area may contain a single or multiple parcels.
(5) 
The land in a TND District need not be under single ownership, provided that proper assurances are given, through the procedures contained in this section or elsewhere in these regulations, that the project can be successfully completed.
(6) 
The developer or owner of the proposed development shall provide a property owners' association which shall be responsible for maintenance, repair, replacement and operation of all community property that is not dedicated and conveyed to the Town.
(7) 
The zoning application for the land area shall be filed jointly by all owners of the involved land area.
C. 
Use regulations.
(1) 
Permitted uses. In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A traditional neighborhood development should consist of a mix of residential uses, a mixed-use area, and open space as provided below:
(a) 
A mix of residential uses of the following types can occur anywhere in the traditional neighborhood development. For infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the traditional neighborhood development.
[1] 
Single-family detached dwellings.
[2] 
Single-family attached dwellings (attached horizontally), including duplexes, townhouses, row houses.
[3] 
Multifamily dwellings, including senior housing.
[4] 
Secondary dwelling units (i.e., granny flats, apartments attached to residential unit or garage).
[5] 
Special needs housing, such as community living arrangements and assisted living facilities.
(b) 
Mixed-use area of commercial, residential, civic or institutional, and open space uses as identified below.
[1] 
Commercial uses.
[a] 
Neighborhood retail food establishments not to exceed 7,500 square feet per one establishment. Such retail establishments may include, but not be limited to, neighborhood convenience grocery stores; butcher shops; bakeries; restaurants, cafes, coffee shops, not including drive-throughs.
[b] 
Neighborhood retail sales establishments not to exceed 7,500 square feet per one establishment. Such retail establishments may include, but not be limited to, florists or nurseries; hardware stores; stationery stores; bookstores; studios and shops of artists and artisans.
[c] 
Pharmacy, drugstores not to exceed 10,000 square feet.
[d] 
Drive-through drugstores shall be allowed if they are of superior design and screening consistent with the intent of the TND Zone.
[e] 
Large-scale retail stores, such as an anchor supermarket or department store, not to exceed 75,000 square feet per one establishment.
[f] 
Services not to exceed 7,500 square feet per one establishment, including business, personal, retail and social. Typical uses include day-care centers; music, dance or exercise studios; offices, including professional and medical offices; barber; hair salon; dry cleaning; bank.
[g] 
Drive-through banks shall be allowed if they are of superior design and screening consistent with the intent of the TND Zone.
[h] 
Accommodations not to exceed 7,500 square feet on ground floor per one establishment, such as bed-and-breakfast establishments, small hotels or inns.
[2] 
Residential uses.
[a] 
Single-family detached and attached dwellings, including duplexes, townhouses, row houses.
[b] 
Multifamily dwellings, including mixed residential uses and senior housing.
[c] 
Residential units located on upper floors above commercial uses or to the rear of storefronts.
[d] 
Home occupations that combine a residence and the resident's workplace.
[e] 
Special needs housing, such as community living arrangements and assisted living facilities.
[3] 
Civic or institutional uses.
[a] 
Municipal buildings and offices, such as fire stations, libraries, museums, community meeting facilities, and post offices.
[b] 
Transit shelters.
[c] 
Places of worship.
[d] 
Educational facilities, public.
[4] 
Office or service.
[a] 
Offices.
[b] 
Service establishments, including business, personal, retail, or social, as defined in this chapter.
(c) 
Open space and recreational uses identified below should be incorporated in the traditional neighborhood development as appropriate.
[1] 
Central square.
[2] 
Outdoor recreational facilities, including neighborhood parks; playgrounds.
[3] 
Community parks.
[4] 
Environmental corridors.
[5] 
Protected natural areas.
[6] 
Streams, ponds, and other water bodies.
[7] 
Stormwater detention/retention facilities.
[8] 
Clubhouses; indoor recreational facilities, including but not limited to movie theaters and water parks.
(2) 
Permitted accessory uses.
(a) 
The permitted accessory uses in a TND shall be:
[1] 
Central parking areas or off-site garages for storage of recreational vehicles and watercraft for use by residents only.
[2] 
Customary residential accessory uses, such as sheds and garages.
[3] 
Accessory signage per § 210-44, Signs.
[4] 
Secondary dwelling units in conjunction with detached single-family houses.
[5] 
Recreational uses.
(b) 
Private accessory structures shall not be permitted in common lands.
(3) 
Conditional uses. Proposed conditional uses shall be identified in the application to the Town Council and shall follow requirements in § 210-51, Conditional uses. Uses permitted by conditional use review shall be:
(a) 
Office units located on upper floors above commercial uses.
(b) 
Home occupation.
(c) 
Private club, such as golf, swimming and tennis clubs, lodges and other annual membership clubs.
(d) 
Private educational institutions.
(e) 
Medical facilities.
[1] 
Hospital.
[2] 
Medical clinic.
[3] 
Surgical center.
(f) 
Transportation-related sales and services.
[1] 
Motor vehicle filling stations. See § 210-23, Wellhead Protection Overlay (WP) District.
D. 
Density and dimensional standards.
(1) 
Number of dwellings permitted. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows:
(a) 
The total number of dwelling units permitted throughout the TND shall be determined by dividing the net development area by the minimum lot area per family or dwelling. Net development areas shall be determined by subtracting 25% of the area set aside for streets or the actual area of proposed streets, whichever is less. The area of land set aside for common open space or recreational use shall be included in determining the number of units permitted. The maximum density for the designated TND area shall not exceed 10 living units for each net development acre.
(b) 
In areas devoted to mixed residential uses:
[1] 
For the number of single-family attached and detached units and multifamily units permitted per net acre, see the Table of Dimensional Standards in Traditional Neighborhood Development Zones.[1]
[1]
Editor's Note: The Table of Density and Dimensional Standards in Traditional Neighborhood Development (TND) Zones is included at the end of this chapter.
[2] 
Secondary dwelling units shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of secondary dwelling units shall not be more than 10% of the total number of single-family attached and detached units. A maximum of one accessory dwelling unit shall be permitted in conjunction with a detached single-family house.
(c) 
In mixed-use areas:
[1] 
The number of single-family and multifamily dwelling units permitted shall be calculated the same as above plus an additional number of units not to exceed 10% of the amount permitted above.
[2] 
All dwelling units constructed above commercial use shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increased by more than 10%.
[3] 
The total ground floor area of nonresidential uses shall not exceed 10% of the traditional neighborhood development.
[4] 
Live/work units located at street level are subject to the development standards for ground-floor retail or commercial establishments as follows, and any additional standards for ground-floor commercial.
[a] 
The total number of dwelling units shall not be increased by more than 10%.
[b] 
They shall have a minimum floor-to-floor height of 13 feet.
[c] 
Within each home occupation unit or live/work unit, the living area shall not exceed 1/3 of the total floor area of the unit.
[d] 
Units that exceed 2,000 square feet must have at least two exits.
(2) 
Dimensional standards.
(a) 
See the Table of Dimensional Standards in Traditional Neighborhood Development Zones.
(b) 
The commercial/employment density in the traditional neighborhood development shall be compatible with any gross floor area or floor area ratio recommended in the applicable area master plan of special conditions or requirements, if any are stated therein. The maximum density of commercial/employment development shall be based on the area shown for commercial/employment uses on the preliminary site plan, and shall not exceed a floor area ratio of 1.5, except where authorized by a waiver of the Town Council after a public hearing. Floor area ratio is the quotient obtained by dividing the gross floor area of all buildings on a lot by the gross lot area.
E. 
Design requirements.
(1) 
General design requirements.
(a) 
Seventy-five percent of residents should be within approximately 1/4 mile or a five-minute walk from existing or proposed commercial, civic, and open space areas.
(b) 
No lot lines other than for single-family detached dwellings shall be located within 50 feet of any adjoining residential property not zoned TND.
(c) 
No building proposed for commercial/employment use shall be constructed less than 50 feet from any adjoining property not zoned TND.
(d) 
A mix of residential dwelling types is required within a TND; however, not less than 50% of the total dwelling units must be single-family detached dwellings.
(e) 
Residential uses are not permitted on the ground floors in mixed-use buildings.
(f) 
A minimum of at least three of the following permitted housing types must be provided, including at least one multifamily dwelling type: traditional single-family dwellings and village homes; single-family attached dwellings, including townhouses, and two-family dwelling; and multifamily dwellings, including apartments.
(g) 
Open space area requirements are provided in § 210-25I.
(h) 
A minimum of 2% and a maximum 15% of the gross area of the zone shall be designated for office, civic or institutional uses.
(i) 
A minimum of 2% and a maximum of 25% of the gross area of the zone shall be designated for commercial uses.
(j) 
Through the development review process, the Planning Commission may recommend and the Town Council may require the reasonable provision of screening in order to shield adjacent residential uses from commercial, office, civic and institutional structures. See § 210-41A(1), Bufferyards.
(2) 
Lot and block standards.
(a) 
All lots shall share a frontage line with a street or square. All buildings except accessory structures shall have their main entrance onto a street or square.
(b) 
Commercial, office, civic, institutional and mixed-use structures should abut the sidewalks.
(c) 
Lot and building widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.
(d) 
Street layouts shall provide for perimeter blocks that are generally in the range of 200 feet to 400 feet deep by 400 feet to 800 feet long, as feasible. A variety of lot sizes shall be provided, as feasible, to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs.
(3) 
Circulation standards. The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links within the residential areas, mixed use area, and open space of the traditional neighborhood development and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off-street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the traditional neighborhood development.
(a) 
Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the traditional neighborhood development. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides in accordance with the specifications listed in Table 1.[2] The following provisions also apply:
[1] 
Sidewalks in residential areas. Clear and well-lighted sidewalks, five feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk.
[2] 
Sidewalks in mixed-use areas. Clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of five feet in width.
[3] 
Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.
[4] 
Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well-lit and clearly marked with contrasting paving materials at the edges or with striping.
[2]
Editor's Note: See Table 1, Bufferyard Requirements, in § 210-41A(1)(c).
(b) 
Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate, striped, four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be 14 feet.
(c) 
Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance and shall be well-lighted.
(d) 
Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as queuing streets, curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds.
[1] 
Street hierarchy. A street hierarchy shall be created within the TND District. Each street shall be classified according to the Millsboro Standard Street Details:
[a] 
Commercial/mixed-use collector. A commercial/mixed-use area collector street provides access to commercial or mixed-use buildings, but it is also part of the Town's major street network. On-street parking, whether diagonal or parallel, helps to slow traffic. Additional parking is provided in lots to the side or rear of buildings.
[b] 
Major collector. A major collector street shall be used for streets serving access to 300 dwelling units or more.
[c] 
Minor collector. A minor collector street shall be used for streets serving access to 50 to 300 dwelling units or fewer. This street provides primary access to individual residential properties and connects streets of lower and higher function.
[d] 
Minor street. A minor street provides primary access to individual properties in residential neighborhoods. Traffic volumes are relatively low.
[e] 
Alley. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial properties.
(4) 
Street layout standards. The traditional neighborhood development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible. In addition, the orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets when such streets act as connections to future phases of the development. Local streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus.
(5) 
Parking requirements. Parking areas for shared or community use should be encouraged. Parking in a TND shall comply with §§ 210-40 and 210-41. In addition:
(a) 
Off-street parking shall be provided meeting the minimum requirements of these regulations and at least two parking spots per residential dwelling unit, excluding garages.
(b) 
In the mixed-use area, a commercial use shall provide one parking space for every 500 square feet of gross building area.
(c) 
Multifamily dwellings shall provide one parking space for every dwelling unit and one parking space for each bedroom.
(d) 
For live/work units of less than 2,500 square feet, one parking space is required for each unit. For live/work units greater than 2,500 square feet, required parking will be based on the applicable parking standard for the nonresidential use or the closest similar use as determined by the recommendation of the Planning Commission and determination by the Town Council.
(e) 
Adjacent on-street parking may apply toward the minimum parking requirements.
(f) 
In the mixed-use area, any parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided as specified in § 210-41A(3), Landscaping.
(g) 
A parking lot or garage may not be adjacent to or opposite a street intersection.
(h) 
Parking lots or garages must provide not fewer than one bicycle parking rack for every 25 motor vehicle parking spaces.
(i) 
One off-street parking space with unrestricted ingress and egress shall be provided for each secondary dwelling unit.
(j) 
Parking for live/work units on neighborhood commercial streets and in mixed-use zones is prohibited in front of the building with the exception of on-street parking.
(k) 
The maximum number of parking spaces provided shall not exceed the minimum number required by more than 10%. Any parking areas that exceed the minimum number required shall be pervious parking. Pervious parking areas shall be constructed of permeable pavement and turf pavement like turf block, turf stone, and SF-Rima or grass, or some other material as approved by the [Planning Commission/Town Council]. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and overflow parking areas for developments that have only periodic parking demand.
(l) 
Parking lot landscaping standards are provided in § 210-41A(3).
(m) 
Access for service vehicles should provide a direct route to service and loading dock areas, while avoiding movement through parking areas.
(n) 
Parking shall be accessed by alley or rear lane, when available.
(o) 
Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line.
(p) 
The vehicular entrance of a parking lot or garage on a frontage shall be no wider than 30 feet.
(q) 
Curb extensions at intersections in the mixed-use area are required when on-street parking in provided.
(r) 
Large-surface parking areas and other expansive areas of paved surfaces should be designed with a series of smaller parking fields. Smaller parking fields can be incorporated by physically separating parking areas with buildings and plazas, and may also be delineated with an on-site circulation system that utilizes uninterrupted drive aisles, landscape islands and planters, pedestrian walkways, or any combination thereof.
(s) 
Parking lots should have direct pedestrian connection to the building entry points, especially if the parking is located along the side and/or behind the buildings. Designated pedestrian access shall be provided from all parking areas to the primary building entrances.
(t) 
Design parking lots to avoid dead-end aisles.
(u) 
Separate parking areas from buildings by a landscaped strip whenever possible or a raised concrete walkway or pedestrian plaza.
(v) 
Avoid aligning all travel lanes in parking lots in long, straight configurations. The maximum length of any row of parking shall be 10 parking spaces.
(w) 
Provide cross-access easements between adjacent lots to facilitate the flow of traffic between complementary users.
(x) 
Applicants may request that the Town consider designs that provide for shared parking between different uses with staggered peak parking demand in order to reduce the total number of spaces within the development.
(y) 
See also the additional parking requirements in § 210-40, Off-street parking and loading; driveways.
[Added 11-7-2022]
(6) 
Building location and orientation.
(a) 
The front facade of the principal building on any lot in a traditional neighborhood development shall face a public street.
(b) 
The front facade of any building shall not be oriented to face directly toward a parking lot.
(c) 
Commercial development:
[1] 
The multiple buildings in a single project shall create a positive functional relationship to one another. Where possible, multiple buildings shall be clustered to achieve a village scale. This creates opportunities for plazas and pedestrian areas while preventing long barracks-like rows of buildings. When clustering is impractical, a visual link shall be established between buildings with the use of an arcade system, trellis, colonnade, covered walkway, landscaping, enhanced paving, building articulation and detailing, or similar features.
[2] 
Orienting buildings closer to the street to screen parking in the interior of the site and provide strong pedestrian connections to buildings is encouraged where appropriate (e.g., does not negatively impact any abutting residential areas).
[3] 
If the design of a site does not lend itself to a functional storefront along the street(s), the building facade facing the street shall be designed with enhancements comparable to that of the primary facade. Design enhancements may include real and/or faux windows, awnings/pedestrian arcades, outdoor seating/public plaza, landscape features, or other design elements that meet the intent of this guideline.
F. 
Architectural standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
(1) 
Entries; facades; scale; form.
(a) 
The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street.
(b) 
Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.
(c) 
Commercial development:
[1] 
For commercial buildings, a minimum of 50% of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.
[2] 
Nonresidential buildings shall be designed with an architectural style and/or theme. The intent of this guideline is to ensure that nonresidential development incorporates architecturally valid design of each building and architectural compatibility within an integrated development. Not all building elevations of a structure will have the same level of detailing and articulation in order to avoid monotony.
[3] 
The design of all buildings shall employ textured surfaces, projections, recesses, color, window patterns, overhangs, reveals, changes in parapet heights, and similar architectural devices to avoid monolithic shapes and surfaces and to emphasize building entries. Designs shall avoid the use of long, unbroken, flat walls.
[4] 
Building facades greater than 80 feet in length, measured horizontally, shall incorporate wall plane projections, articulation or recesses having a depth of at least 3% of the length of the facade (or at least three feet) and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 60 horizontal feet.
[5] 
Building facades shall also include a repeating pattern of one or more of the following design elements/features:
[a] 
Variations in color.
[b] 
Variations in texture.
[c] 
Change in relief.
[d] 
Material module change.
[6] 
Design building entries and street side facades with elements that enhance pedestrian comfort and orientation while presenting features with visual interest that invite activity.
[7] 
Ground-floor facades that face public streets or proposed promenade or pedestrian walkway shall have arcades, display windows, entry areas, awnings, canopies, or other such features. Landscaping and architectural detail at the street level should be used to soften the edge of the building and enhance the pedestrian scale and streetscape.
[8] 
Each principal building on a site shall have clearly defined, highly visible customer entrances featuring one or more of the following:
[a] 
Canopies or porticos.
[b] 
Overhangs.
[c] 
Recesses/projections.
[d] 
Arcades.
[e] 
Raised corniced parapets over the door.
[f] 
Peaked roof forms.
[g] 
Arches.
[h] 
Display windows.
[i] 
Architectural details, such as tile work, moldings, stone or brick, integrated into the building structure and design.
[j] 
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
[k] 
Special paving patterns and materials.
[9] 
Designs that emphasize floor lines or that express rhythms and patterns of windows, columns, cornices, dormers, and other architectural features are encouraged.
[10] 
Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another that are compatible in size and design.
(2) 
Roof forms and materials for commercial development.
(a) 
Avoid rooflines running in continuous planes wherever appropriate.
(b) 
Partial mansard roofs, and pitched roofs that do not reach a true peak or hip should be avoided.
(c) 
Roof materials should be of high quality, durable, and consistent with local architectural themes.
(d) 
Design roof forms to correspond to and denote building elements and functions such as entrances, arcades, and porches.
(e) 
Roof forms should relate to adjacent buildings or developments.
(f) 
Screen rooftop mechanical units from view with architecturally integrated screening units, roof parapets, or sloped roof forms.
(3) 
Guidelines for garages and secondary dwelling units. Garages and secondary dwelling units may be placed on a single-family detached residential lot, attached to the principal building or an accessory building, provided that the secondary dwelling unit shall not exceed 800 square feet.
(a) 
Front loading and garages attached to the front of the main structure are prohibited.
(b) 
Permitted garage access locations on a single-family housing lot include:
[1] 
Detached rear garage accessed from an alley.
[2] 
Attached side garage accessed from the local street.
[3] 
Attached rear garage accessed from the local street.
[4] 
Detached rear garage, behind the house, accessed from the local street.
(4) 
Guidelines for exterior signage, subject to § 210-44.
[Amended 4-4-2011]
(a) 
A comprehensive sign program is required for the entire traditional neighborhood development which establishes a uniform sign theme.
(b) 
All signage shall be coordinated and thematic in approach.
(c) 
Signs shall share a common style (e.g., size, shape, material).
(d) 
In the mixed-use area, all signs shall be wall, projecting or blade signs. Projecting or blade signs shall be mounted perpendicular to the building face and shall not exceed eight square feet.
(e) 
Permitted signs.
[1] 
Signs permitted in all districts.
[2] 
Signs permitted in the MR and HR Districts.
[3] 
Customary signs for residential usage, such as mailbox signs, names of residences and house/unit numbers.
[4] 
Ground/monument sign for any residential community or multifamily complex having six or fewer units.
[5] 
Schools, church, or other institution permitted in the MR District.
[6] 
Wall signs for multifamily complexes having six or more units and/or nonresidential uses.
(f) 
Standards for approval. Signs shall be consistent with architectural features and not destroy unique features of buildings or surrounding buildings.
[1] 
No windblown display shall be permitted on any lot or unit carrying a commercial message in conjunction with a commercial use/activity occurring on any other lot in Town; usage must follow restrictions (where, when, size).
[2] 
Complexes. Complexes shall meet the requirements of the regulations in § 210-18, Highway Commercial (HC) District, Subsection H, Signs.
(5) 
Guidelines for lighting.
(a) 
Streetlighting shall be provided on both sides of all streets at intervals of no greater than 75 feet.
(b) 
Generally, more, smaller lights, as opposed to fewer, high-intensity lights, should be used.
(c) 
The maximum height of parking lot poles is 30 feet, measured from grade. The maximum height of poles within plazas and other pedestrian areas is 20 feet, also measured from grade. The use of shorter height poles than the maximums listed above shall be encouraged, provided illumination levels meet all intensity and safety requirements.
(d) 
Parking area light fixtures should be designed with a concealed/recessed light source that shields light downward and confines light spread within a site's boundaries and does not adversely impact any adjoining residential areas.
(e) 
Parking lot poles should be located in medians or perimeter buffer areas wherever possible. Landscaping improvements should not conflict with the location of poles.
(f) 
Provide separate pedestrian scale lighting for walkways.
(g) 
Consider highlighting entrances, art, terraces, and special landscape features; however fixtures should be concealed to prevent glare.
(h) 
Streetlighting design shall meet the minimum standards developed by the Illumination Engineering Society.
(i) 
See § 210-37, Lighting, and § 210-40B.
(6) 
Storage, loading, and service areas.
(a) 
Locate loading docks, storage and service areas away from any public street in areas of low visibility, such as the rear of buildings.
(b) 
Screen such areas from public view with walls and/or landscaping. Such screens shall be of a color and material matching or compatible with the dominant colors and materials found on the facades of the primary building(s).
(c) 
Combine loading docks and service areas between multiple sites.
(d) 
Clearly identify service entrances with signs to discourage the use of main entrances for deliveries.
G. 
Bufferyards, screening and landscaping standards.
(1) 
All uses are subject to the buffer, screening and landscape provisions in § 210-41, Performance standards.
(2) 
Street trees. A minimum of one deciduous canopy tree per 40 feet of street frontage, or fraction thereof, shall be required. Trees can be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.
H. 
Stormwater management. The design and development of the traditional neighborhood development should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover shall be maintained and protected to the maximum extent practicable. New development and redevelopment shall meet the following requirements:
(1) 
Untreated, direct stormwater discharges to wetlands or surface waters are not allowed.
(2) 
Erosion and sediment controls shall be implemented to remove 80% of the average annual load of total suspended solids.
(3) 
Areas for snow storage shall be provided unless the applicant provides an acceptable snow removal plan.
(4) 
Redevelopment stormwater management systems shall improve existing conditions and meet standards to the extent practicable.
(5) 
All treatment systems or best management practices (BMPs) meeting federal, state and Town standards must have operation and maintenance plans to ensure that systems function as designed.
I. 
Guidelines for open space and recreation.
(1) 
Purpose: to ensure that active recreation areas are provided as an integral design element within TND developments and that such facilities are of an adequate scale in relation to the size of the TND development and which provide residents and job holders within the development with a variety of active recreational, pursuits. Active recreational areas are in addition to other required open space such as, but not limited to, buffers, wetlands, floodplains, other areas requiring environmental protection, and building setbacks.
(2) 
Recreation areas dedication required. The Planning Commission may recommend and the Town Council shall require the dedication or reservation of recreation areas, and the subsequent construction of recreation facilities of a character, extent and location suitable to the needs created by a development for recreation facilities as defined and in accordance with the design guidelines set forth.
(3) 
Definition. The following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of the TND: tennis courts, swimming pools, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails. Sidewalks are not included in the definition, however, pocket parks adjacent to sidewalks, with permanent amenities, such as, but not limited to, benches, amphitheaters, fountains, and historic plaques may be included. The areas used for stormwater management ponds, drainage swales, rain gardens or other BMPs for the retention, water quality improvement or release of stormwater shall not be considered active recreation areas, however the Town encourages attractive integration of such BMPs into the TND design.
(4) 
The open space should also be consistent with the Town's plans for its park and open space system as set forth in the Comprehensive Plan.
(5) 
Area required.
(a) 
At least 15% of the gross acreage of the traditional neighborhood development must be open space. Open space may include undevelopable areas, such as steep slopes and wetlands, and stormwater detention and retention basins. At least 25% of the open space must be common open space dedicated to the public for parkland.
(b) 
In addition to the open space area requirement, the TND shall include recreational areas in a size equal to 275 square feet per dwelling unit or 1/2 acre of land, whichever is greater, for residential districts. In no case shall the Town Council require that more than 10% of the gross area of the residential districts within a TND development be so dedicated or reserved when the gross area is greater than five acres.
(c) 
The TND shall include recreational areas in a size equal to 100 square feet per 10,000 square feet of building floor area for commercial, office, civic and institutional uses permitted in the TND District.
(6) 
Open space and recreation areas shall be accessible within the TND and arranged in a manner which affords reasonable access to all residents within the development. When warranted, recreation areas can be dispersed throughout the development, provided that each location is accessible.
(7) 
Open space and recreation areas shall be pedestrian oriented and designed with linkages to existing and planned public walkways and with other planned recreation areas.
(8) 
Recreation trails shall only be counted toward the recreation area requirement when constructed as an accessory to central recreation facilities. The developed trail shall be the only area counted toward the area requirement.
J. 
Public space and facilities.
(1) 
Purpose: to afford the Town the opportunity to reserve lands within developing areas which represent important and strategic locations for the distribution of essential public goods and services.
(2) 
Public facilities dedication optional in lieu of active recreation area. Where public facilities are shown or proposed in the Town of Millsboro's comprehensive plan, or in any other plan or study accepted by the Town Council or other public body, and are located in whole or in part in a proposed TND development, the Planning Commission may recommend and the Town Council may require the dedication or reservation of the area required in lieu of the requirements of § 210-24I(4).
(3) 
Definition. The following are illustrative of the types of public facilities that may be considered for reservation or dedication by this section: schools, utility facility sites, future road rights-of-way (other than those planned to serve the proposed development), public buildings, parks, public trails, and recreation facilities.
(4) 
Area required. In no case shall the Town Council require that more than 5% of the gross area of the development be dedicated for the public facility. Area dedications shall only be allowed when the facility is to be dedicated to the Town of Millsboro for facilities to be operated by the Town.
(5) 
Reservation. Any areas required by any other public bodies or any remaining areas beyond the 5% dedicated to the Town may be set aside by the Town Council for a period of one year to allow the proper authority the opportunity to purchase the area. Upon failure of the proper authorities to purchase such site within one year after the date of the final approval of the project, the developer, upon application, shall be relieved of the responsibility of reserving such land for public purposes.
K. 
Ownership and maintenance of open space, recreation and public facilities. Provision shall be made for the ownership and maintenance of streets, squares, parks, open space, and other public spaces in a traditional neighborhood development by dedication to the Town of Millsboro or homeowners' association.
(1) 
Management and maintenance required.
(a) 
There shall be provisions which ensure that the recreational areas, common open space land and all public facilities not dedicated to the Town of Millsboro shall continue as such and be properly maintained. These provisions shall be in a form acceptable to the Town of Millsboro. The developer shall either:
[1] 
Retain ownership and responsibility for maintenance of such facilities and lands; or
[2] 
Provide for and establish one or more organizations for the ownership and maintenance of all such common facilities and lands.
(b) 
In the case of Subsection K(1)(a)[2] above, each organization shall be a nonprofit homeowners' or business park corporation, unless the developer demonstrates that a community trust is a more appropriate form of organization.
(2) 
Homeowners' or business park association, or trust requirements:
(a) 
Membership mandatory. Membership in the organization is mandatory for all purchasers of homes and or nonresidential buildings therein and their successors. The members of the organization shall share equitably the costs of maintaining and developing common open space and recreation areas, in accordance with procedures established by them.
(b) 
Responsibilities. The organization shall be responsible for maintenance, insurance and taxes on common open space, recreation facilities and open public facilities, including but not limited to roads, gutters, sidewalks, curbs, drainage systems, water distribution systems and sewer facilities not dedicated to the Town of Millsboro.
(c) 
Professional management is required.
L. 
Application procedures and approval process.
(1) 
Required procedures. The establishment of a TND District and approval of the site plans shall follow all applicable procedures, standards and requirements of the ordinance or ordinances and regulations governing zoning and the subdivision of land. No building permit shall be issued until a final plot of the proposed development or part thereof is approved, filed and recorded with proof thereof returned to the Town. The building permit and site plan review procedures set forth in § 210-66 shall apply. In addition. If there is a conflict between the land use regulations and development standards of the zoning and subdivision ordinances and the provisions of this section, the provisions of this section shall apply.[3]
[3]
Editor's Note: Ch. 210 Zoning, and Ch. 178, Subdivision of Land.]
(2) 
Prior to the issuance of any permits for development within a traditional neighborhood development, the following steps shall be completed according to the procedures outlined in this section:
(a) 
The applicant shall have had an initial conference.
(b) 
A concept plan stage is optional but encouraged.
(c) 
A preliminary site plan and a Zoning Map amendment to a Traditional Neighborhood Development District shall be approved by the Town Council.
(d) 
A final site plan shall be approved by the Town Council.
(e) 
The final site plan shall be recorded in the Sussex County Recorder of Deeds.
(3) 
Initial conference. Before submitting an application for a traditional neighborhood development project, the applicant shall schedule an appointment and meet with the Planning Commission and the Town Council to discuss the procedure for approval of a traditional neighborhood development project, including submittal requirements and design standards.
(4) 
Concept plan.
(a) 
Purpose.
[1] 
To provide the opportunity for applicants and the Planning Commission to review conceptual drawings in advance of a formal subdivision or site plan application.
[2] 
To encourage creativity on the part of the applicants and the Planning Commission by reviewing plans early in the design process, before considerable expense on engineered drawings has been incurred by the applicants.
(b) 
Concept plan review is to occur prior to the formal submission of a site plan, minor subdivision, or major subdivision.
(c) 
The applicant may resubmit revised plans for concept plan review as many times as desired in the spirit of working collaboratively with the Planning Commission on design changes and creative concepts for development.
(d) 
Concept plan review process.
[1] 
The concept plan shall be presented and submitted by the applicant to the Planning Commission.
[2] 
The Planning Commission shall determine if the plan is consistent with the most recently certified comprehensive plan.
[3] 
If the Planning Commission finds the proposed plan to be consistent with the policies set forth in the Town's most recently certified comprehensive plan, then the Planning Commission shall review the concept plan within 30 days at its next regularly scheduled meeting.
[4] 
The Planning Commission may take the following actions:
[a] 
The Planning Commission may make suggestions to the developer that will improve the project and/or bring the project more into compliance with the standards, goals, and intent of this section. These suggestions shall be transmitted to the applicant in writing within 30 days after the meeting.
[b] 
The Planning Commission may endorse the concept plan and forward the plan to the Town Council for consideration. If a concept plan is endorsed by the Commission and the Town Council, the formal site plan, minor or major subdivision plan must be developed in close conformity with the concept plan. An endorsed concept plan may not be construed to absolve any applicant or particular land development project from otherwise complying with any and all provisions of this section.
(5) 
Site plan review requirements.
(a) 
Rezoning to TND will be permitted only in accordance with a development plan, which is approved by the Town Council in accordance with the requirements and procedures contained in this section.
(b) 
Concept plan requirements. The concept plan requirements are the same as the preliminary plan requirements; however, this information may be shown as general information. See §§ 210-66B and 210-25L(4).
(c) 
Preliminary site plan requirements. The preliminary site plan shall display the requirements identified in § 210-66B and Chapter 178. The preliminary site plan shall also include:
[1] 
Land use plan or plans showing location and arrangement of all proposed land uses, heights of buildings, setbacks and side yards, proposed internal and external traffic circulation (including widths, driveways, and access), pedestrian circulation, proposed open space dedications and easements.
[2] 
General landscaping and screening plan showing general types, location, and design of landscaping and screening.
[3] 
A tabular summary of percentage of site devoted to buildings, open space, streets and parking areas, and total floor area of all nonresidential structures.
[4] 
Plan showing proposed generalized parking arrangements.
[5] 
Architectural sketches identifying the architectural style(s) of the development and the accompanying site design style(s). The design style of the development shall be conveyed with drawings of typical proposed building elevations, including dimensions of building height and width, and facade treatment.
[6] 
A report or plan showing the adequacy of public facilities and services, such as water, sewer drainage, streets, and roads, to serve the proposed development.
[7] 
General plan for sedimentation and erosion control and stormwater management identifying the proposed patterns of major stormwater runoff, locations of stormwater infiltration areas, and other significant stormwater best management practices.
[8] 
A site inventory and analysis to identify site assets or resources, and constraints, including, but not limited to floodplains, wetlands and soils classified as "poorly drained" or "very poorly drained."
[9] 
The location of proposed and existing to remain trees and shrubs, along with any other significant natural features.
[10] 
Existing site features and uses that will remain. These features should include building outlines, location of streets, transit stops, drives and parking areas, pedestrian and bicycle paths, service access areas for receiving material and trash removal, and other impervious surfaces.
(d) 
Final site plan requirements. The final site plan shall display the requirements identified in § 210-66B and Chapter 178. The final site plan shall also include:
[1] 
Detailed elevations of all proposed commercial buildings and typical elevations of residential buildings. Scaled elevations should identify all signs, building materials and percentage of ground floor commercial facade in windows; the location, height and material for screening and fences, including outdoor trash storage areas, electrical, mechanical equipment, storage areas for trash and recyclable materials, and rooftop equipment.
[2] 
Final program of uses, including building footprints for commercial/office uses and buildable envelope for residential portions, building height, and total square feet by use and housing type.
[3] 
A plan or report indication the extent, timing, and estimate costs of all off-site improvements such as roads, sewer and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development.
[4] 
A written report that provides general information about the covenants, conservation easements or agreements, which will influence the use and maintenance of the proposed development. The report shall also describe the site conditions and the development objectives.
(e) 
Amendments and additions to site plans. See § 210-66D and Chapter 178 for the procedure for amendments and additions to site plans.
(6) 
Review standards. To approve a traditional neighborhood development project, the Planning Commission must find and the Town Council must concur that the project's design:
(a) 
Is consistent with the purpose statement in Subsection A herein and meets the said design principles of traditional neighborhoods.
(b) 
Is consistent with the policies set forth in the most recently certified comprehensive plan.
(c) 
Includes a mixture of uses and housing types.
(d) 
Will in no way hinder the provision of emergency access, emergency services, municipal service delivery, school bus access, trash collection, or other necessary public services to be provided in the development.
(7) 
Modification of development standards. The Town Council, for uses within the TND District, may recommend that the following development standards be modified.
(a) 
Building setbacks.
(b) 
Height, area, and bulk requirements related to each proposed land use.
(c) 
Required number of off-street and on-site parking spaces.
(d) 
Street width, design and layout; however, construction requirements with respect to paving sections, materials, and tabulation of structural numbers may not be modified. Modification of street width is subject to review by public safety agencies and must be approved by the Town Council and Town Engineer.
(e) 
Any other requirements as deemed appropriate by the Town Council. The Town Council must deem any proposed modification as beneficial to the Town and be based on recognized principles of civic design, land use planning and landscaped architecture.
(8) 
Schedule of construction. In approving a TND District, the Town Council may adopt a schedule of construction. If such a schedule is adopted, no permits for construction shall be issued except in accordance with the adopted schedule. Where both single-family and multifamily dwelling types are part of the development or where nonresidential uses are part of the development, the schedule of construction may require concurrent construction of a given type, number or use in that proportion recommended by the Commission and/or approved by the Council.
(9) 
Incorporation of additional land area. If, after approval and recording of the final site plan, the permit holder desires to incorporate additional or after-acquired adjacent land area into the development plan, an informal conference with the Planning Commission shall be requested for the purpose of outlining the scope of the application. If an application is filed for inclusion approval, the general procedural requirements of this section shall apply, with the application being deemed an application to extend or amend an existing TND. Any application for an extension or an amendment of an TND District to incorporate additional land area into a previously approved plan shall be considered within the parameter of the establishment of a new and separate TND District.
(10) 
Deed restrictions required. Deed restrictions for both residential and commercial components of the TND shall be drafted to the satisfaction of the Town Council to protect the intent and character of the TND. Such deed restrictions must be approved by the Town Council and Town Attorney prior to final development plan approval and must be recorded with the final development plan.