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:
(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.
(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]
C.
Accessory uses permitted.
(1)
Accessory uses permitted in the Medium-Density Residential
District shall be as follows:
(a)
Farm stands.
(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.
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%
| |
(3)
Farm stands shall be set back at least 80 feet from
the street right-of-way.
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.
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.
(3)
Windblown displays may be flown or displayed, provided that:
(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.
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.
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.
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.
G.
Minimum off-street loading. For all uses permitted
in the MR District, the loading requirements for such district shall
be applied.
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]
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.
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]
(15)
Dairy distribution center (no manufacturing, farming, pasteurizing
or production activities permitted on the premises).
[Added 10-3-2016]
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.
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.
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.
(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.
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]
(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.
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.
(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.
(8)
Shopping centers shall provide five parking spaces
per 1,000 square feet of gross leasable area.
(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]
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]]
(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:
(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.
(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.
(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:
(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.
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.
(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.
(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.
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.
[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.
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.
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]
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.
[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.
(6)
Commercial recreation.
[Added 6-1-2009]
(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.
[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.
[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]
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.
(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)
(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.
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.
D.
Uses allowed by special exception:
(1)
(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
E.
Nonconforming uses and structures. Nonconforming uses
and structures within the Open Space District shall be subject to
the regulations of this chapter.
[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:
(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:
(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.
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.
.tif.png) |
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.
.tif.png) |
(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.
.tif.png) |
(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.
.tif.png) |
(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.
.tif.png) |
(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.
(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.
(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.
.tif.png) |
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.
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.
(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.
(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:
(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:
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.
(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.
(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.
[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.
(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).
(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.
(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:
(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]
(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.
(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.
