A.
Accessory buildings as part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building, regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to
principal buildings. No building permit shall be issued for the construction
of an accessory building prior to the issuance of a building permit
for the construction of the main building upon the same premises.
If construction of the main buildings does not precede, or coincide
with, the construction of the accessory building, the Building Inspector
shall revoke the building permit for the accessory building until
construction of the main building has proceeded substantially toward
completion.
C.
Distance between adjacent buildings. The minimum distance
between buildings on the same lot shall be 10 feet.
[Amended 8-4-1980]
D.
Height and area of accessory building. Accessory buildings
shall not exceed two stories or 25 feet in height and may not occupy
more than 20% of the yard in which they are located or a maximum of
900 square feet, whichever is smaller, except that agricultural buildings
are excluded from these requirements.
E.
Location of parking. An accessory building or a private
parking area shall not be located in any required front yard space,
except that nothing shall prohibit an owner of a home from counting
his driveway as one parking space per dwelling unit. If erected on
a corner lot, it shall be set back from the side street to comply
with the setback line applying to the principal building for that
side street.
Within any district allowing apartments, no dwelling containing apartments shall exist unless the following minimum standards are met, in addition to the requirements in § 210-14, and until the site plan has been reviewed and approved by the Planning Commission.
A.
The density shall not exceed 10 dwelling units per
acre.
[Amended 12-1-2003]
B.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the apartment development which
shall include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural feature,
and individual dwelling unit design, such as varying unit widths,
staggering unit setbacks, providing different exterior materials,
changing rooflines and roof designs, altering building heights and
changing types of windows, shutters, doors, porches, colors and vertical
or horizontal orientation of the facades, singularly or in combination,
for each dwelling unit.
C.
Garden apartment building complexes may consist of
any configuration that meets the yard requirements and does not exceed
the following overall or component building lengths:
(1)
Two hundred feet on one plane.
(2)
Three hundred forty feet on any angle.
(3)
Six hundred feet along the center line. Buildings
measured along the center line shall provide one opening at ground
level at least every 250 feet. This opening shall be a minimum of
15 feet in clear width and height and at an elevation enabling emergency
vehicle access through the opening.
 |
D.
Minimum yard areas shall be measured horizontally
in feet and shall be measured away from the front, side and rear of
each building to the edge of the tract, a lot line, a street line,
or the yard line of another building on the same tract. The total
minimum distance between buildings shall be the sum of the two abutting
yard areas. The minimum yards shall be 50 feet for front yards, 20
feet for side yards, and 50 feet for rear yards. No building, as measured
radially from any corners, shall be closer to any other building corner
than the combined distances of the side yard requirements for each
building. The combined distance of two side yards shall exclude any
driveway or vehicular access, such driveway or vehicular access width
being in addition to the combined side yard width. In addition, no
garden apartment shall be located closer than 50 feet to any lot line.
E.
Total building coverage shall not exceed 15% of the total land area of the tract. The total area devoted to parking shall not exceed an additional 20% of the tract. All parking facilities shall be on the same site as the building and within 150 feet of the nearest entrance of the building they are intended to serve and shall be provided in accordance with § 210-40.
F.
For garden apartment houses, the minimum lot width
and depth shall be 300 feet each; but, in any event, the site shall
be larger if necessary to provide for the parking, recreation, area
and yard and other provisions of this chapter.
G.
Any development in excess of 12 apartments shall include
improved recreation space at least equivalent to the building coverage.
Such recreation space shall be located and improved as shown on the
approved site plan and shall be at least 6,000 square feet in area,
at least 75 feet wide and have a grade less than 5%.
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof, for which any building permit or site plan
approval has been granted before the enactment of this chapter, provided
that construction from such plan shall have been started within 60
days after the enactment of this chapter and shall be diligently and
continuously pursued to completion. Otherwise, said approval shall
be void.
Except as specified in § 210-39, any use, building or structure existing at the time of the enactment of this chapter may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.
A.
In any district on a corner lot, corner sight triangles,
in accordance with the illustrations and chart below, shall be required
in which no grading, planting or structure shall be erected or maintained
along the street side more than one foot above the street center line.
[Amended 7-5-2022]
 |
 |
B.
No fence or wall, including an agricultural or living
fence, shall be erected higher than six feet, except that fences in
or around a utility or industrial use may be erected to a maximum
of 12 feet in height.
C.
A boundary fence or wall, including an agricultural
or living fence, may be erected on any property used for residential
purposes in any district on that side of the property which adjoins
any property used for commercial or industrial purposes to a maximum
height of not more than eight feet.
[Added 7-6-1987]
D.
Such fences and walls provided in this section may be permitted in the yard setbacks; provided, however, that sight triangles as provided in Subsection A shall be maintained.
[Added 9-2-1997]
E.
A building permit shall be required before construction
or installation of any fence or wall, including an agricultural or
living fence.
[Added 9-2-1997]
[Amended 12-4-2006]
All lots being filled shall be filled with clean
fill and/or topsoil to complete surface draining of the lot into local
storm systems or natural drainage rights-of-way. No construction shall
be permitted which creates or aggravates water stagnation or a drainage
problem on adjacent properties within the boundaries of the Town of
Millsboro.
All parking areas and appurtenant passageways
and driveways serving residential, commercial, public, office, industrial
or other similar uses having common off-street parking and/or loading
areas and building complexes requiring area lighting shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation. The lighting plan in and around the parking areas
shall provide for nonglare lights focused downward. The light intensity
provided at ground level shall be a minimum of 0.3 footcandle anywhere
in the area to be illuminated, shall average a minimum of 0.5 footcandle
over the entire area, and shall be provided by fixtures with a mounting
height not to be more than 25 feet measured from the ground level
to the center line of the light source, and spacing not to exceed
five times the mounting height. Any other outdoor lighting, such as
building and sidewalk illumination and ornamental light, shall be
shown on the lighting plan in sufficient detail to allow determination
of the effects to adjacent properties, traffic, safety and overhead
sky glow. The objective of these specifications is to minimize undesirable
off-premises effects. No light shall shine directly into windows or
onto streets and driveways in such manner as to interfere with or
distract driver vision. To achieve these requirements, the intensity
of such light sources, light shielding and similar characteristics
shall be subject to site plan approval by the Planning Commission.
A.
Any motel that may be constructed on a lot or parcel
of land must contain a minimum of at least 20 units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
There shall be no separate single units of accommodation built. The
minimum number of units of accommodation in any single building shall
be 10.
B.
Parking space or one space for each unit of accommodation
where the motel is located shall be provided.
C.
Separate buildings, or the use of a portion of the
main building thereof, shall be permitted for accessory uses to any
motel. Such separate buildings or parts of the main building shall
be restricted to accessory uses customarily incident to the operation
of a motel, such as rest rooms, offices, swimming pools, cabanas,
meeting rooms, lounges, etc., and restaurants shall be permitted in
such accessory building or portion of the main building thereof. These
buildings shall have permanent walls and windows as may be necessary
for ventilation. The complete sales transaction and delivery of merchandise
shall be conducted inside the walls of the building.
D.
All buildings shall conform to a single architectural
style.
E.
All open areas other than those areas used for parking
purposes shall be landscaped and maintained by the owner of the motel.
F.
All Town ordinances and departmental regulations concerning
the construction of foundations and buildings and the installation
of utility lines shall be applicable to the construction of all buildings
to be used in connection with the operation of motels.
Except as otherwise provided in this section,
the lawful use of land, buildings or structures existing at the date
of the adoption of this chapter may be continued although such use
does not conform to the regulations specified by this chapter for
the zone in which such land, buildings or structures are located;
provided, however, that no existing buildings or structures devoted
to a use not permitted by this chapter in the district in which such
buildings or structures are located shall be enlarged, extended, constructed,
reconstructed, substituted, relocated, erected, converted to another
use or structurally altered, except in conformity with the regulations
of this chapter for the district in which such buildings or structures
are located. Also, land on which a nonconforming use or structure
is located shall not be reduced in size, nor shall any lot already
nonconforming be made more nonconforming in any manner.
A.
Abandonment. A nonconforming use shall be considered
abandoned if it is terminated by the owner; if a nonconforming use
of a structure, or a structure and land in combination, is discontinued
or abandoned for 12 consecutive months; or if a nonconforming use
of land ceases for period of six months. Thereafter the use of such
building, structure and/or land shall be in conformity with this chapter.
B.
Conversion to permitted use. Any nonconforming structure
or use which has been changed to a conforming structure or use shall
not be changed back again into a nonconforming structure or use.
C.
Restoration.
(1)
Any nonconforming structure or use which has been
destroyed or damaged by fire, explosion, flood, windstorm or other
act of God shall be examined by the following three people: Town Building
Inspector; the owner or an architect or engineer selected by the owner;
and a third person agreed to and shall be paid in equal portions by
the Town and the owner. If, in the opinion of a majority of the above
three people, the damage is such that it is not repairable, it may
be rebuilt only upon approval of a variance as provided by state statutes
or appropriate municipal agencies.
(2)
In the event of a damaged or condemned structure where
the damage is repairable in the opinion of the majority of the above
three people, the nonconforming structure or use may be rebuilt and
used for the same nonconforming use, provided that it does not exceed
any height, area and volume of the original structure, and the reconstruction
shall commence within one year from the date the building was damaged
or condemned and shall be carried on without interruption.
D.
Repairs and maintenance. Such repairs and maintenance
work as required to keep a structure in sound condition may be made
to a nonconforming structure or a structure containing a nonconforming
use.
E.
Sale. Any nonconforming use, structure or lot may
change ownership and continue to function as the same nonconforming
use, structure or lot, provided that the other provisions of this
section are met.
F.
Any existing lot on which a building or structure
is located and which lot does not meet the minimum lot size, or a
structure which does not meet all the yard requirements, may have
additions to the principal building and/or construct an accessory
building without an appeal to the Board of Adjustment, provided that
the total permitted building coverage is not exceeded and the accessory
building and/or any addition do not violate any other requirements
of this chapter, such as, but not limited to, height, setback and
parking.
G.
Any vacant lot existing at the effective date of adoption
or amendment of this chapter, whose area or dimensions do not meet
the requirements of the district in which the lot is located, may
have a building permit issued for a use permitted for that zoning
district without an appeal to the Board of Adjustment, provided that
the building coverage limit is not exceeded, parking requirements
are met, and the yard and height provisions are reduced by the same
percentage that the area of such lot bears to the zone district requirements,
except that no side yard shall be less than half that required by
this chapter or five feet, whichever is greater, and no building shall
be required to have a height less than one story or 12 feet.
A.
For other than lots with detached dwelling units, screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking and loading areas and any lot line or street line, except where a building intervenes or where the distance between the parking area and the lot line or street line is greater than 150 feet or where corner sight triangles bar screening (as illustrated in § 210-35A of this chapter). All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential district or use, and the front yards of adjacent industrial or office uses. Such screening may be by plants and/or fencing and/or brick or stone walls. In lieu of screen planting, a fence of woven lattice, decorative masonry wall or cedar fence with a maximum of three-fourths-inch spacing or any combination of plantings, walls and fences may be provided not less than four feet in height with fences and walls not more than six feet in height, maintained in good condition and without advertising. All fences and walls shall be landscaped. A minimum of one parking space per every 30 parking spaces shall be landscaped within the parking area with 1/2 of said areas having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet in order to break the view of long rows of parked cars in a manner not impairing visibility.
[Amended 7-5-2022]
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and in accordance with § 210-37. No lights shall be higher than 25 feet or the height of the building, whichever is less.
C.
Surfacing and curbing.
(1)
Off-street parking lots and loading areas, together
with their access aisles, driveways and fire lanes, shall not occupy
more than 50% of the lot area. All parking and loading areas and access
drives shall be paved with an asphaltic or concrete material as determined
by the Town Engineer and approved as part of the site plan approval.
All parking areas regardless of size and location shall be suitably
drained and maintained.
[Amended 11-6-2017]
(2)
All off-street parking and loading areas shall be
provided with curbing or the equivalent so that vehicles cannot be
driven onto required landscaped areas, buffer zones and street rights-of-way
and so that each parking lot has controlled entrances and exits and
drainage control. Curbing or wheel stops shall be located to prevent
any part of the vehicle from overhanging the street right-of-way,
property lines or internal sidewalks. Parking and loading spaces shall
not be an extension of any street right-of-way.
(3)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
D.
Access. Entrance and exit drives crossing the street
line shall be limited to two along the frontage of any single street,
and their center lines shall be spaced at least 75 feet apart; handle
no more than two lanes of traffic; be at least 100 feet from the street
line of any intersecting street; and at least 10 feet from any property
line. Curbing shall be either depressed at the driveway or have the
curbing rounded at the corners and the driveway connected with the
street in the same manner as another street. Continuous open driveways
in excess of 16 feet resulting in the elimination of curbing along
streets shall be prohibited, except that for commercial and industrial
uses, driveways of more than 16 feet may be permitted with the approval
of the Planning Commission, but in no case shall a driveway more than
16 feet in width be permitted without provision for a fifteen-foot
island.
E.
Location of parking. Required off-street parking and loading spaces shall be on the same lot or premises with the use served regardless of the number of spaces required by this chapter, except in the UB Zoning District. Off-street parking and loading may occupy front, side and rear yard areas subject to site plan approval by the Planning Commission but shall be no closer than either 20 feet to any street line or to the edge of any required buffer area outlined in § 210-41. No parking of vehicles shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas. Nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space, except that no portion of the driveway within the street right-of-way shall be considered as any portion of an off-street parking space. Off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, except for dwelling units each having an individual driveway. Bays in a garage, whether attached or unattached to a dwelling, shall not be included in the calculation for required off-street parking spaces.
[Amended 12-4-2006]
F.
Time for provision. All minimum requirements for off-street
parking shall be met at the time of the erection, enlargement, alteration
or changed use for any main structure and shall apply to the entire
structure, whether or not the entire structure was involved in the
erection, enlargement, alteration or changed use.
G.
The provision of parking spaces shall also include
adequate driveway and necessary turning areas for handling the vehicles
for which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicle. Aisles
providing access to parking spaces shall have the following minimum
dimensions:
|
For Parking Spaces Ten Feet Wide
| |||
|---|---|---|---|
|
Angle of Parking
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
|
90º
|
22
|
25
| |
|
60º
|
18
|
20
| |
|
45º
|
15
|
20
| |
|
30º
|
12
|
18
| |
|
Parallel
|
12
|
18
| |
H.
Off-street loading spaces shall be located so that
no vehicle waiting to be loaded or unloaded, maneuvering into a space,
or parked in a space shall interfere with any parking space, sidewalk,
street, fire lane, driveway, aisle or other loading space.
I.
Parking spaces shall be 10 feet in width and 20 feet
in length, unless otherwise provided in this section.
[Added 1-2-2007]
J.
Overflow
parking in residential developments. In residential developments,
extra, overflow parking spaces interspersed within and throughout
the development they serve, shall be required in addition to the minimum
number of off- street parking spaces which are otherwise required
by this Zoning chapter. Parking spaces within a garage shall not be
included when determining compliance with the overflow parking requirement.
The total number of required parking spaces shall be in accordance
with the following:
[Added 11-7-2022]
|
Number of Dwelling Units
|
Overflow Parking Required
|
|
1 to 50
|
30% more than the minimum number of off-street parking spaces
required
|
|
51 to 100
|
30% more than the minimum number of off-street parking spaces
required
|
|
101 to 200
|
40% more than the minimum number of off-street parking spaces
required
|
|
201 to 300
|
50% more than the minimum number of off-street parking spaces
required
|
|
301 and greater
|
50% more than the minimum number of off-street parking spaces
required
|
A.
Buffering, screening, and landscaping regulations.
The regulations contained in this section are intended generally to
ensure land use compatibility, promote the greening of development,
improve aesthetics, ensure adequate provision of open space, and protection
of trees.
[Amended 11-7-2005]
(1)
Bufferyards.
(a)
A bufferyard is a combination of a setback and
a visual buffer or barrier, and is a yard or area together with the
planting and/or structure required thereon. Both the amount of land
and the type and amount of planting specified for each bufferyard
requirement are designed to ameliorate nuisances between certain adjacent
land uses, such as a single-family residence and a retail business.
(b)
The purpose of a bufferyard is to ameliorate
any potential adverse impact between adjacent land uses and streets,
and promote land use compatibility, and to provide visually attractive
screening of parking areas in development visible from public right-of-way,
while providing adequate visibility.
(c)
Bufferyards shall be required for proposed new
uses or substantially expanded uses (over 50% gross floor area) in
accord with the following table. Adjacent land use categories have
been designated a required bufferyard plant unit alternative that
separates the uses based on the degree of nuisance or negative impact
they are likely to impose on land uses adjacent to them in order to
minimize any negative effects that a more intense use will impose
on its neighbors.
|
Table l: Bufferyard Requirements
|
|
Adjacent Existing Use
| |||||||
|---|---|---|---|---|---|---|---|
|
Proposed Use
|
Agriculture
|
Single-
family
|
Multi-
family
|
Institutional
|
Commercial Office
|
Highway Commercial
|
Industrial
|
|
Agriculture
|
none
|
2
|
2
|
1
|
2
|
2
|
2
|
|
Single-family residential
|
2
|
none
|
2
|
3
|
3
|
3
|
4
|
|
Multifamily residential
|
2
|
none
|
none
|
3
|
3
|
4
|
5
|
|
Institutional
|
1
|
2
|
3
|
none
|
2
|
2
|
4
|
|
Commercial/
office
|
2
|
3
|
3
|
2
|
none
|
2
|
4
|
|
Highway commercial
|
2
|
4
|
4
|
3
|
2
|
none
|
3
|
|
Industrial
|
2
|
5A
|
5A
|
3
|
3
|
3
|
none
|
 |
(d)
Specifications and options. From Table 1, match
the abutting use with the proposed new or expanded use to determine
the type of bufferyard required. Should a question arise as to the
land use classification of a proposed or abutting use, the Planning
Commission/Town Council shall determine the classification. Next,
refer to the Bufferyard Illustrations to determine the amount of bufferyard
required. Several options of landscaping are available under each
bufferyard. The requirements are given in one-hundred-foot units as
measured along the property line. Whenever a wall or fence is required,
the location of the structure may be on either side of the required
bufferyard. Due to the intensity of use, the Planning Commission/Town
Council may require denser bufferyard requirements as deemed necessary
to minimize conflicting lands uses and associated nuisances.
(e)
Use of existing vegetation. Existing vegetation,
including all trees of any dimension, shall be retained to the extent
practical and feasible. In no event shall a developer clear-cut the
site of a required bufferyard. Instead, the developer shall conduct
an existing tree inventory, identifying the location, species, and
diameter (breast high) of all trees in the bufferyard, and complement
the presence of such trees with appropriate shrubs and other vegetation
to meet all requirements of this section.
(f)
Materials. To achieve the desired results, the
majority (75%) shall be coniferous (evergreen) plants, suitable for
local conditions. When structures are used, the materials shall be
durable and suitable for screening.
(g)
Plant size and caliper. The minimum tree at
planting shall be five to six feet in height and 1.5 inches in diameter
at a height of 18 inches above the ground. The minimum shrub shall
be two to three feet in height. Both trees and shrubs shall be nursery
stock with well-developed root systems unless plants found in place
can be used. If the existing vegetation provides a screen equal to
or greater than that which would be planted, no other plant material
shall be required. In case of open woods, an additional planting of
native eye-level shrubs such as holly may be needed to improve screening.
(h)
Substitutions. The following substitutions for
opaque walls, fences, and plant materials may be made:
(i)
Fence and wall specifications. All fences and
walls used as part of the bufferyard requirement must have the finished
side facing outward. Fences shall be wooden or other durable or opaque
material approved by the Town. Wooden fences should be made of rot-resistant
material such as locust, cedar or redwood. However, if made of pine,
the post shall be rated for soil contact and the boards rated for
outside use. Chain link fences with wood, plastic, or metal strips
are expressly prohibited. However, a chain link fence is acceptable,
provided an evergreen hedge is planted on the external side of the
fence. Walls must be made of masonry materials, including poured concrete,
concrete block covered with stucco, brick or stone or stone face.
(j)
Responsibility. It shall be the responsibility
of the proposed new use to provide the bufferyard where required by
this subsection, except that no new individual detached single-family
dwelling or duplex constructed on lots of record prior to the adoption
of this section shall be required to provide such bufferyards.
(k)
Required maintenance. The maintenance of required
bufferyards shall be the responsibility of the property owner. All
such areas shall be properly maintained so as to ensure continued
buffering. All planted areas shall be provided with a readily available
water supply to ensure continuous healthy growth and development.
Dead trees shall be removed; debris and litter shall be cleaned; and
berms, fences, and walls shall be maintained at all times. Failure
to do so is a violation of this subsection and may be remedied in
the manner prescribed for other violations.
(l)
Use of bufferyards. A bufferyard may be used
for passive recreation and may be interrupted by access driveways
not exceeding 16 feet in width (exceptions for uses requiring wide
curb cuts may be approved by the Town Council). All other uses are
prohibited, including off-street parking.
(m)
Sight clearance. Bufferyards between uses may
not obscure a clear line of sight for vehicular traffic. Therefore,
bufferyards shall be placed no closer than 20 feet from street/road
right-of-way lines.
 |
(2)
Screening.
(a)
Screening is a type of buffer that is designed
to block or obscure a particular element or use from view.
(b)
The purpose of screening is to minimize if not
eliminate entirely the visual impact of potentially unsightly open
storage areas and refuse disposal facilities.
(c)
Screening specified by this section shall be
required of all open storage areas visible from any public street,
including but not limited to open storage areas for shipping containers,
building materials, seasonal sales (of yard and garden supplies, outdoor
furnishings, and appliances), trash containers of four or more cubic
yards, salvage materials and similar unenclosed uses.
(d)
Type screening required. Screening shall be
accomplished by an opaque divide not less than six feet high or the
height of the object to be screened, whichever is greater. Screening
may be accomplished by the use of sight-obscuring plant materials
(generally evergreens), earth berms, walls, fences, proper siting
of disruptive elements, building placement or other design techniques
approved by the Town Council.
(3)
Landscaping.
(a)
Landscaping is a type of open space permanently
devoted and maintained for the growing of trees, shrubbery, ground
covers, other plants and decorative features to the land.
(b)
The purpose of landscaping is to improve the
appearance of vehicular use areas and development abutting public
rights-of-way; to enhance environmental and visual characteristics,
to promote the greening of development, and the reduction of noise
pollution, stormwater runoff, air pollution, and artificial light
glare, and to safeguard property values, protect public and private
investments, and promote high-quality development.
(c)
No proposed commercial, institutional, industrial
or other nonresidential use, single-family subdivision, planned residential
community, townhouse or multifamily project, or manufactured home
park shall hereafter be established or reestablished in an existing
building or structure and subsequently used unless landscaping is
provided in accord with the provisions of this section. No existing
building, structure, or vehicular use area shall be enlarged or expanded
unless the minimum landscaping required by the provisions of this
section is provided throughout the building site. Individual single-family
lots of record, properly recorded prior to the adoption of this subsection,
shall be exempt.
(d)
Landscaping plan. A landscaping plan shall be
required and submitted as part of a site plan or major subdivision
plan. The plan shall:
[1]
Be drawn to scale, including dimensions and
distances;
[2]
Designate by name and location the plant materials
to be installed or preserved in accordance with this subsection; and
including existing wood lines and individual trees of six inches or
more in diameter;
[3]
Identify and describe the location and characteristics
of all other landscape materials to be used;
[4]
A table indicating the plant species to be used
and the number to be installed;
[5]
Identify the planting method to be used to install
the plant materials.
(e)
Landscaping requirements. Required landscaping
shall be provided as follows:
[1]
Along the outer perimeter of a lot or parcel,
where required by the buffer area provisions of this article, to buffer
and separate incompatible land uses. The amount specified shall be
as prescribed by A(1), Bufferyards.
[2]
Within the interior, peninsula or island-type
landscaped areas shall be provided for any parking area containing
20 or more parking spaces. Landscaped areas shall be located in such
a manner as to divide and break up the expanse of paving and at strategic
points to guide travel flow and direction. Elsewhere, landscaped areas
shall be designed to soften and complement the building site and separate
the building from the vehicular surface area. Trees shall be provided
within interior parking areas of 20 spaces or more at a ratio of one
tree for each 10 parking spaces. Trees shall be provided within interior
parking islands and along the perimeter of the parking lot.
 |
[3]
At a minimum, interior lot landscaping in addition
to parking area and buffer areas shall be provided in the following
amounts:
|
Use
|
Percent of Parcel
| |
|---|---|---|
|
Institutional
|
15%
| |
|
Industrial/wholesale/storage
|
10%
| |
|
Office
|
15%
| |
|
Commercial/retail/service
|
15%
| |
|
Single-family residential
|
10%
| |
|
Multifamily residential
|
10%
| |
|
Manufactured home parks
|
10%
| |
|
Landscaping shall also be provide along exterior
building walls and structures to separate with greenery the building
from parking facilities.
| ||
(f)
Landscaped areas.
[1]
All landscaped areas in or adjacent to parking
areas shall be protected from vehicular damage by a raised concrete
curb or an equivalent barrier of six inches in height. The barrier
need not be continuous to allow for drainage.
[2]
Landscaped areas must be at least 25 square
feet in size.
[3]
Parking lots that abut the public right-of-way
shall be designed with a planting strip a minimum of 10 feet wide
between the parking areas and the right-of-way line, and providing
a minimum of one shade or evergreen tree and 10 shrubs per 35 linear
feet.
[4]
Parking lots that abut the public right-of-way
of U.S. Route 113 shall be designed with a planting strip a minimum
of 25 feet wide between the parking areas and the right-of-way line.
The planting areas shall provide a minimum of two shade or evergreen
trees and 30 shrubs per 50 feet of linear feet. The use of berms and
low walls and raised planters not to exceed three feet in height shall
be encouraged.
[5]
Parking lots that abut the public right-of-way
of State Route 24 west of Route 113 and State Route 20 shall be designed
with a planting strip a minimum of 20 feet wide between the parking
areas and the right-of-way line, and providing a minimum of one shade
or evergreen tree and 20 shrubs per 35 linear feet.
 |
(g)
Required maintenance. The maintenance of required
landscaped areas shall be the responsibility of the property owner.
All such areas shall be properly maintained so as to assure their
survival and aesthetic value, and shall be provided with a readily
available water supply. Failure to monitor such areas is a violation
of this subsection, and may be remedied in the manner prescribed for
other violations.
B.
Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line or beyond as the result of the operation
of such equipment.
C.
Floodplain regulations.[1]
(1)
The purposes of these regulations are:
(a)
To prevent the construction of improvements
in the floodplains.
(b)
To prevent encroachments on floodplains which
would obstruct or constrict the area through which water must pass.
(c)
To prevent pollution of watercourses during
low- or high-water periods by preventing the placing or storing of
unsanitary or dangerous substances in the floodplain, including private
sewage disposal systems or materials that can float, are explosive
or are toxic to humans, animals or vegetation.
(2)
Establishment of the floodplain. The boundaries of
the floodplains are intended to be those areas as shown on maps prepared
by the USDA Soil Conservation Service, showing soil types, drainage
and soil texture characteristics, and slope characteristics, except
in those instances where contour data is available to more accurately
define the floodplain boundary, said contour data shall be used to
define the floodplain. All notations, references and data shown on
any of the above map sources are hereby incorporated by reference
into this chapter and shall be as much part of this chapter as if
it or they were fully described herein.
D.
Glare. No use shall produce a strong dazzling light
or a reflection of a strong dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare will not become a nuisance to adjoining properties,
adjoining districts or streets.
E.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no process shall be permitted which would
cause the temperature to rise or fall in any part of ponds, streams
or other watercourses.
F.
Noise.
(1)
The sound level of any operation (other than the operation
of motor vehicles or some other transportation facilities on public
highways, airplane, operations involved in the construction or demolition
of structures, emergency alarm signals or time signals) shall not
exceed the decibel levels in the designated octave bands as stated
below. The sound-pressure level shall be measured with a sound level
meter meeting the specifications of SI.4-1971 and an octave band filter
set meeting the specifications of SI.11-1966, both specifications
published by the American National Standards Institute, New York,
New York. If the noise will be incapable of being measured with the
sound level meter and octave band analyzer, then the noise shall be
measured by substituting an impact noise and analyzer (General Radio
Company, Type 1556-A-1955) for the octave band analyzer to determine
the peak value of the impact.
(2)
In cases where there is serious question whether a
noise will be of nuisance outside the zone district boundaries, or
outside the property lines containing it, or outside the dwelling
unit, and if the noise is incapable of being measured with an impact
analyzer, then the noise-producing activity shall not be permitted.
If the noise source is already in existence, the noise shall be controlled
to eliminate the nuisance.
(3)
The maximum permissible sound-pressure levels for
smooth and continuous noise be as follows (all of the decibel levels
stated below shall apply in each case) between the hours of 10:00
p.m. and 7:00 a.m.:
|
Octave Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
at the Property Line or Along Any Public Right-of Way Within the Property
(decibels)1
| |
|---|---|---|
|
0 to 75
|
69
| |
|
75 to 150
|
54
| |
|
150 to 300
|
47
| |
|
300 to 600
|
41
| |
|
600 to 1,200
|
37
| |
|
1,200 to 2,400
|
34
| |
|
2,400 to 4,800
|
31
| |
|
Above 4,800
|
28
| |
|
NOTES:1Reference 0.0002
dynes/square centimeter.
| ||
(4)
If the noise is not smooth and continuous or it is
not radiated at nighttime, one or more of the corrections below shall
be added or subtracted from each of the decibel levels given above.
|
Type of Operation or Character Noise
|
Corrections
(decibels)
| |
|---|---|---|
|
Daytime operation only (7:00 a.m. to 10:00 p.m.)
|
+5
| |
|
Noise occurs less than 20% in any one-hour period
|
+5*
| |
|
Noise occurs less than 5% in any one-hour period
|
+10*
| |
|
Noise is of peculiar character (hum, scream,
etc.) or is of impulsive character (hammering, pressure release, etc.).
(In the case of impulsive noise, the correction shall apply to the
average pressure during an impulse, and impulse peaks shall not exceed
the basic standards given above.)
|
-5
| |
|
NOTES: *Apply only
one of these corrections.
| ||
G.
Odor. Odors shall not be discernible at the lot lines
or beyond.
H.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance which can contaminate a stream, watercourse or underground
aquifer or otherwise render such stream, watercourse or underground
aquifer undesirable as a source of water supply or recreation, or
which will destroy aquatic life, be allowed to enter any stream, watercourse
or underground aquifer. All materials or wastes which might cause
fumes or dust or which constitute a fire or explosion hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
I.
Vibrations. No use shall cause earth vibrations or
concussions in excess of the standards outlined below, with the exception
of that vibration produced as a result of construction activity. The
standards below are as set forth in the Table of Frequency Amplitude
Relations. Vibrations shall be expressed as displacement in inches
and shall be measured with a standard three-component measuring system,
which is a device for recording the intensity of any vibration in
three mutually perpendicular directions.
|
|
Frequency of Ground Motion
(cycles per second)
|
Maximum Amplitude of Ground Motion
(inches)
|
|---|---|---|
|
Up to 10
|
.0305
| |
|
10+ -20
|
.0153
| |
|
20+ -30
|
.0102
| |
|
30+ -40
|
.0076
| |
|
40+ -50
|
.0061
| |
|
50+ -60
|
.0051
|
J.
Other standards. All other standards, including, but
not limited to, radiation, smoke emission, solid particle emission
or steam or noxious gas emission, shall be regulated by the Air Pollution
Code of the State of Delaware and shall meet the maximum standards
set forth therein.
No lot shall have upon it more than one principal
use. No more than one principal dwelling or building shall be permitted
on one lot except apartment and/or townhouse developments, shopping
centers receiving site plan approval where all uses are permitted
for that zone and except agricultural uses where the residence and
permitted agricultural business are permitted on the same lot.
A.
No service station shall have an entrance or exit
for vehicles within 200 feet along the same side of a street of any
firehouse, school, playground, church, hospital, public building or
institution, except where such property is in another block or abuts
another street which the lot in question does not abut.
B.
All appliances, pits, storage areas and trash facilities,
other than gasoline filling pumps or air pumps, shall be within a
building. Gasoline filling pumps and air pumps shall be permitted
within the required front yard space of service stations, but shall
be no closer than 50 feet to any future street line or 20 feet to
any property line. All lubrication, repair or similar activities shall
be performed in a fully enclosed building, and no dismantled parts
shall be displayed outside of an enclosed building. New automotive
parts or accessories for sale or used in the conduct of the business
may be displayed during the business hours of the establishment but
must be located at least 20 feet from any street or property line.
C.
No junked motor vehicle or part thereof, or motor
vehicles incapable of normal operation upon the highways, shall be
permitted on the premises of any service station. It shall be deemed
evidence of violation of this chapter if more than four motor vehicles
incapable of operation are located at any one time upon any premises
not within a closed and roofed building, excepting, however, that
a number not exceeding six motor vehicles may be located upon any
service station premises outside of a closed and roofed building,
but at least 20 feet from any street or property line, for a period
of time not to exceed four days, and provided that the owners are
awaiting repair of said motor vehicles.
[Amended 5-3-1999; 6-5-2006; 4-4-2011]
A.
Purpose; definitions.
(1)
This section is intended to protect and further the health, safety,
and welfare of the residents of the Town of Millsboro; to further
the intent of the Town of Millsboro Zoning Ordinance and its zoning
districts; to prevent traffic hazards; to provide safer conditions
for pedestrians; to improve community appearance; and to promote economic
development by regulating the construction, alteration, repair, maintenance,
size, location and number of signs.
(2)
ADVERTISE
ADVERTISEMENT
ANIMATED SIGN
AWNING or CANOPY
AWNING OR CANOPY SIGN
BALLOON
BANNER SIGN
BILLBOARD
BRIGHTNESS/INTENSITY
CANDELA
CANOPY SIGN
COMMUNITY SIGN
COMPLEX
CONSTRUCTION SIGN
DIRECTIONAL SIGN
FLAG
FLAG, COMMERCIAL
FLAG, DECORATIVE
FLAG, GOVERNMENTAL
FLAG, NONCOMMERCIAL MESSAGE
FLASHING SIGN
FREESTANDING SIGN
GOVERNMENT SIGN
GRADE
GROUND SIGN
IDENTIFICATION SIGN
INDIRECTLY ILLUMINATED SIGN
INSTRUCTIONAL SIGN
MARQUEE SIGN
MONUMENT SIGN
MURAL
NONCOMMERCIAL SPEECH SIGN
PERMANENT SIGN
PERMITTEE
PLACARD
POLITICAL SIGN
PORTABLE SIGN
POST OR PYLON SIGN
PRODUCT SIGN
PROJECTING OR BLADE SIGN
PROMOTE
READER BOARD
REAL ESTATE SIGN
ROOFLINE
ROOF SIGN
SETBACK
SIGN
SIGN AREA
STREET LINE
STRUCTURAL CHANGE
TEMPORARY SIGN
UNIT
WALL SIGN
WINDBLOWN DISPLAYS
WINDOW SIGN
Definitions. The following words and phrases shall be interpreted
and construed in accordance with the definitions noted:
To advise, announce, apprise, command, give notice of, inform,
make known, publish or call to the public attention by any means whatsoever.
Notice given in a manner designed to attract public attention.
Information communicated to the public or to the individual concerned,
as by handbills, newspaper, television, billboards, radio.
A mechanical or electronically illuminated or nonilluminated
sign which displays letters, words, characters or symbols which are
not stationary.
A retractable or fixed shelter constructed of materials on
a supporting framework that projects from the exterior wall of a building.
A sign affixed to or integral with the surface of an awning
or canopy, retractable or fixed shelter constructed of fabric or cloth
on a supporting framework that projects from the exterior wall of
a building.
A sign composed of an inflatable, nonporous bag.
A fabric, plastic, or other sign made of nonrigid material
without an enclosing structural framework.
A sign which advertises an establishment, project, service,
space or activity not located on the lot on which the sign is located;
an off-premises sign.
LED signs are measured in candelas per square meter.
A measure of directional light or intensity from a point
source.
A sign affixed to or integral with the surface of a retractable
or fixed shelter constructed of nonfabric materials on a supporting
framework that project from the exterior wall of a building.
Any permanent sign that identifies any community, subdivision
or facility.
A center or campus comprised of retail, wholesale, shopping
center, business, commercial, institutional or mixed-use center with
two or more principal structures located on one or more contiguous
properties, under common management and operation.
A sign which identifies the owners, financiers, contractors,
architects, engineers or tenants of a project under construction.
A sign displaying only the name, nature and location of establishments
located in the Town offering accommodations, merchandise, and/or services
or real estate developments, industries, churches, schools, parks
or other features or institutions of note located in the City.
A fabric or similar material that is mounted onto a pole
on one edge.
A flag conveying information relevant to the operation of
a business or projects for sale.
A flag consisting of patterns and colors without messages.
A flag with symbol(s) of a recognized government or related
entity.
A flag conveying information of a noncommercial nature; same
as noncommercial speech sign.
An illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color.
Any sign which revolves or moves, whether illuminated or not, shall
be considered a "flashing sign."
A permanent sign which is not attached to a building. Freestanding
signs include pylon, post, ground or monument signs.
[Amended 2-7-2022]
A temporary or permanent sign erected by the Town of Millsboro,
Sussex County, or the state or federal government, including temporary
signs as necessary in conjunction with the improvement of public infrastructure.
Shall be determined by height from center of road and shall
be adjusted to consider exceptional topography.
A detached sign which shall include any sign supported by
uprights or braces placed upon or in or supported by the ground and
not attached to any building. Ground signs do not include monument
signs.
[Amended 2-7-2022]
A sign which lists the name and/or address of the or business
entity.
A sign whose illumination is derived from an external artificial
source, which source is so arranged that no direct rays of light are
projected into residential districts or public streets.
A sign conveying instructions with respect to the premises
on which it is maintained, such as "entrance," "exit," "no trespassing,"
"danger," "no parking," "loading only," and similar signs, the total
sign area not to exceed eight square feet.
A sign attached to or hung from a marquee. For the purpose
of this section, a "marquee" is a covered structure projecting from
and supported by the building with independent roof and drainage provisions
and which is erected over a doorway or doorways as protection against
the weather.
A freestanding sign permanently mounted on or affixed to
the ground with a decorative base made of wood, masonry, or other
similar material. Monument signs may have posts comprised of wood,
masonry, or metal so long as the posts are completely surrounded by
the decorative base.
[Amended 2-7-2022]
A design or representation painted or drawn on a wall which
does not contain promotional or commercial advertising; any wall decoration
without lettering.
Any sign containing a political, philosophical, religious
or other public-interest message not used for commercial purposes
and not made in furtherance or promotion of a commercial project,
service or enterprise.
A sign which has a permanent location on the ground or which
is attached to a structure having a permanent location and which meets
the structural requirements for signs as established in the Building
Code. When individual letters are mounted directly on a building,
square footage shall be determined by the space from the left-hand
side of the first letter and ending on the right-hand side of the
last letter multiplied by the height of the largest letter.
A person holding a valid permit.
A sign which provides notices of a public nature, such as
"No Trespassing" or "No Hunting" signs.
A temporary sign used in connection with an official Town
of Millsboro, school district, county, state or federal election or
referendum.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A or T frames; and signs attached to or painted
on vehicles parked and visible from the public right-of-way unless
said vehicle is used in the normal day-to-day operations of the business
and is not parked at the location of the business for over 24 hours
consecutively.
A freestanding sign that is permanently supported in a fixed
location by a structure of one or more poles, posts, uprights, or
braces from the ground and not supported by a building or base structure.
[Amended 2-7-2022]
Any sign which advertises or displays a product or service
or other information other than the name of the entity displaying
the sign.
Includes any sign which is attached to a unit or building
and extends beyond the wall of the building to which it is attached
or within the setback required for a building, either parallel or
perpendicular to the unit or building.
To contribute to growth, enhancement or prosperity of; to
forward; to further; to encourage; to advance.
A sign of permanent character, but with movable or printed
letters, words or numerals, indicating the names of persons associated
with or events conducted upon or projects or services offered upon
the premises upon which such a sign is maintained; the movable or
printed letters, words or numerals may be changed by hand or by computer
(electronic). Such sign shall be part of any other sign to which it
is attached and be calculated in the size and location of such sign.
A sign advertising the real estate upon which the sign is
located as being for sale, rent, or lease.
The eaveline of a roof or building parapet, whichever is
higher, but excluding any cupolas, chimneys, or other minor projections.
A sign erected on a roof which extends above the roofline
of the building.
An open space on the same premises with a sign or signs,
which open space lies between the nearest edge of the sign or signs
and the nearest street line or property line.
A structure, display or device, including but not limited
to a flag, windblown display, or balloon, that is arranged, intended,
designed or used as an advertisement, announcement, identification,
description or direction.
The total "area" of a sign shall include all side or area
of display of a single- or multifaced sign, together with all moldings,
battens, cappings, nailing strips and latticing which are attached
and are part of the sign proper and/or incidental to its decoration.
Structural elements, such as aprons or skirting, which serve to shade,
deflect or block light generated by a sign and which do not display
advertising on their surfaces shall not be included in the total "area"
of a sign. For the purpose of this section, signs which are composed
of letters, words or representations only and which follow no square
or rectangular pattern shall be considered to include in "sign area"
a square or rectangle as drawn at the outer limits of the letters,
words or representations.
A dividing line between a lot, premises or tract of land
and/or a street, road, highway, court, place, square, lane or way
set aside and/or used as a right-of-way for common street or ingress
or egress purposes. For the purposes of this section, street frontage
shall be measured along the "street line."
Any change or repair to an existing sign which modifies the
physical supports, framing, electrical wiring in excess of a general
repair, internal lighting or illumination in excess of current wattage,
or the sign base. A structural change does not include painting, refacing
of a sign, and/or changing the message content of a sign.
A sign which is erected for a time limit not to exceed two
weeks.
A single space within a structure for residential, commercial,
institutional or industrial use.
A single-faced sign painted or attached directly to and parallel
to the exterior wall or window of a building, and shall not project
more than 12 inches from the wall.
Any banner, flag, pennant, spinner, streamer, balloon or
commercial flag, whether or not conveying a message through the use
of works, letters and/or symbols. In the case of a string of pennants,
flags, etc., each string shall be treated as one "windblown display,"
and the total area of all such pennants or flags on the string shall
not exceed 15 square feet.
A sign upon the inside or outside of a window and intended
to be viewed from the outside; a window sign shall include posters,
stickers or similar attachable signs.
B.
Signs permitted in all districts; exemptions from regulations. The
following signs are permitted in all districts and are exempt from
the regulations of this article regarding height, area, and permits:
(1)
Government signs. Highway and street signs erected by state, county
or municipal road agency identifying streets or highways, giving direction
to streets or places of interest or establishing restrictions or conditions
of use for streets or highways. This exemption shall further include
all such signs authorized by a road agency in conjunction with street
or utility construction projects denoting detours, or identifying
access to business or industrial areas or sites when normal access
is disrupted by such construction.
(2)
Historic markers placed under the authority of local, state or federal
government.
(3)
Placards not exceeding two square feet.
(4)
Governmental flags or decorative flags.
(5)
The following signs are permitted in all districts and shall not
require a sign permit but shall comply in all other respects with
the regulations set forth herein:
(a)
Noncommercial speech signs, subject to the following:
[1]
Shall have the original date of posting noted clearly and shall
not be displayed on any one parcel during more than 90 days, consecutively
or nonconsecutively, of any calendar year.
[2]
The total area of noncommercial speech signs shall not exceed
four square feet.
[3]
Not more than one sign per dwelling unit, or in the case of
lots upon which no dwelling units are constructed, or upon which a
nonresidential use is located, not more than one per lot.
[4]
Shall be no larger in overall height than four feet from the
grade. A political sign shall conform to federal, state and county
regulations.
[5]
Shall not obstruct visibility at road intersections.
[6]
Shall not be an illuminated sign, directly or indirectly.
(b)
Political signs, subject to the following:
[1]
Shall have the original date of posting noted clearly and shall
not be displayed more than 90 days prior to and must be removed one
day after the official election to which the sign pertains.
[2]
Shall be no larger than four square feet.
[3]
Shall be placed only on private property with permission of
the property owner.
[4]
Shall be no larger in overall height than four feet from the
grade. A political sign shall conform to federal, state and county
regulations.
[5]
Shall not obstruct visibility at road intersections.
[6]
Shall not be illuminated, directly or indirectly.
(c)
Real estate signs are subject to the following provisions:
[1]
Shall be no larger than eight square feet.
[2]
Shall be placed only on private property with the permission
of the property owner.
[3]
Shall be no higher in overall height than four feet from grade.
[4]
Shall be removed within 30 days after closing the sale, lease
or rental of the property.
[5]
One real estate sign per street frontage is permitted.
[6]
Off-premises signs directing traffic to a property or subdivision
are not permitted.
[7]
Shall not obstruct visibility at road intersections.
[8]
Shall not be illuminated, directly or indirectly.
(d)
Construction signs are permitted within any district, subject
to the following:
[1]
Shall not be erected until a building permit has been issued
for the project which is the subject of the proposed sign, and construction
activity has begun.
[2]
Shall be no more than one construction sign per contractor or
subcontractor displayed at any one time on a single property.
[3]
Shall be removed immediately upon the issuance of a certificate
of occupancy or certificate of completion of the structure or facility
which is the subject of the sign.
[4]
Shall not exceed six square feet in area, i.e., two feet by
three feet per sign.
[5]
Shall not obstruct visibility at road intersections.
[6]
Shall not be illuminated, directly or indirectly.
(e)
Instructional signs are permitted, subject to the following
provisions:
[1]
Shall not exceed four square feet in area and four feet in overall
height from grade.
[2]
Shall be limited to the identification of functions such as
traffic control, loading areas, entrance/exit and security system
signs.
[3]
Any identifying logo shall be no larger than six inches by six
inches.
(g)
Temporary signs and/or banners used by an individual resident at his or her personal residence for special events, such as holiday celebrations, public demonstrations, or to promote the civic welfare or for charitable purposes. Any such temporary signs and/or banners, including garage sale signs, shall be removed within two days following the event. Any and all other temporary signs in every zoning district shall only be permitted if the process set forth in Subsection E(1)(n) of this § 210-44 is followed and a permit is obtained.
(h)
Real estate signs for major subdivisions in any district. In addition to the real estate signs permitted pursuant to § 210-44B(5)(c), every major subdivision in any district, whether such subdivision is residential, commercial or mixed-use, shall be permitted to display additional real estate signage advertising the subdivision as follows: Each major subdivision is hereby permitted to have one double-sided real estate sign, not to exceed 36 square feet in size on either side. In the alternative, each major subdivision shall be permitted to have two single-sided real estate signs, also not to exceed the aforementioned 36 square foot size requirement. No real estate sign hereby permitted shall obstruct visibility at road intersections.
[Added 1-3-2012]
C.
Sign permits required.
(1)
A sign permit shall be required to erect, alter, display, relocate
or replace any sign or mural, except as otherwise exempted.
(2)
Application for a permit to erect or install a sign is to be made
by the owner, tenant, or lessee of the property on which the sign
is to be located, or by the authorized agent, Delaware-licensed contractor,
or registered architect or engineer. The application is to be made
in writing to the Town on forms furnished by the Town and shall be
signed by the applicant with the consent of the owner of the property.
The application shall state the address, site of installation, and
estimated cost of the work and fully describe the sign according to
the definitions and specifications of this section.
(3)
Upon approval of the application and before issuing the sign permit,
a permit fee in an amount determined by Town Council shall be paid.
(4)
If the permittee shall, at any time, fail to comply with the provisions
of this article or not be in accordance with the approved drawings,
specifications and details of the approved application, or shall fail
to comply with any written directions of the building official, the
code enforcement officer may suspend or revoke the permit, following
10 days' notice to the permittee.
D.
Prohibited signs.
(1)
Flashing signs.
(2)
Animated signs, except as may otherwise be permitted within this
article.
(3)
Signs which produce noise or sounds or emit visible smoke, vapor,
particles or odor.
(4)
Signs with intermittent lights resembling or seeming to resemble
the flashing lights customarily associated with danger or such as
are customarily used by police, fire or ambulance vehicles or for
navigation purposes.
(5)
Signs in any location which obstruct a motorist's vision of traffic
control signals or of other vehicular traffic.
(6)
Signs located and so illuminated as to provide a background of colored
lights blending with traffic signal lights to the extent of confusing
a motorist when viewed from normal approaching position of a vehicle
at a distance of 25 to 300 feet.
(7)
Signs attached to trees or utility poles.
(8)
Signs attached to any vehicle parked primarily for purposes of display.
(9)
No vehicle shall be used as a nonmobile sign or temporary sign.
(10)
Portable signs which do not meet the requirements and/or regulations
of ground signs.
(11)
Signs located within 15 feet of the face of any curb unless
otherwise restricted by the State of Delaware's Department of Transportation.
(12)
Windblown displays: Pennants, streamers, balloons, or banners
are prohibited in commercial, institutional or industrial enterprises,
except as temporary advertising signs. Strings of light bulbs are
prohibited, except for holiday lighting purposes. The temporary period
is not to exceed 14 days.
(13)
Signs shall not employ any flashing, moving, oscillating, blinking,
or variable intensity light, except as may otherwise be provided in
this article.
(14)
No building walls shall be used for advertising or directing
attention to a business, commodity, service or entertainment conducted,
sold or offered elsewhere other than upon the premises on which the
building sits.
(15)
A sign shall not be erected in any place where it may, by reason
of its position, shape, color, or other characteristic, interfere
with, obstruct the view of, or be confused with any authorized traffic
sign, signal, or device, or constitute a nuisance per se.
(16)
A wall sign shall not extend beyond the edge of the wall to
which it is affixed nor extend above the roofline of a building.
(17)
Roof signs are not permitted.
(18)
Billboards are not permitted.
(19)
Any sign which is not specifically permitted by, or does not
conform to, the provisions of this article is prohibited.
E.
General provisions; measurements.
(1)
General.
(a)
A sign shall not be erected in any place where it may, by reason
of its position, shape, color, or other characteristic, interfere
with, obstruct the view of, or be confused with any authorized traffic
sign, signal, or device, or constitute a nuisance per se.
(b)
A wall sign shall not extend beyond the edge of the wall to
which it is affixed nor extend above the roofline of a building.
(c)
Any sign and/or supporting structure which for a period of 60
days advertises or identifies a closed business, an abandoned business
or product sold shall be removed by the owner, agent, or person having
the beneficial use of the building, structure, or property upon which
such sign is located, within 30 days of receipt of written notice
by the Building Official.
(d)
All signs for professional offices located in a residential
district, home occupations, or bed-and-breakfast establishments, if
lit, shall only be externally illuminated. The source of the light
shall be enclosed and directed to prevent the source of light from
shining directly onto traffic or residential property.
(e)
A sign accessory to a nonconforming use or structure shall conform
to the provisions of the zoning district in which the nonconforming
use or structure is located.
(f)
All signs shall be maintained in good repair, free of peeling
paint or paper, fading of colors, staining, rust or other conditions
which impair the legibility of such sign.
(g)
Signs shall be of a coordinated color scheme and materials which
reflect the architectural style of the buildings or commercial complex.
(h)
Signs shall be fabricated on and of materials that are of permanent
quality, good durability and are complementary to the building or
site of which they are to become a part.
(i)
Any signs permitted by the provisions of this article, including
all supports, braces, guys and anchors, shall be maintained in conformance
with this article and in such a manner so as not to cause a hazard
to the public.
(k)
At every street intersection there shall be a clear view between
the heights of three feet and 10 feet in a triangle formed by the
corner and points on the curb 30 feet from the intersection and entranceway.
(l)
No sign shall be placed in, upon, or over any public right-of-way,
alley, or other public place, except as may be otherwise permitted
by this article and unless a license agreement is issued by the Town
Council. If a permit is granted, the sign must maintain height clearance
of eight feet from the bottom of the overhang to the ground.
(m)
All signs shall comply with the building and electrical codes
acceptable to the Town of Millsboro. Underground wiring shall be required
for all illuminated signs or signs requiring electrical connections
which are not attached to a building.
(n)
Temporary permits for special event signs. Notwithstanding any
other provision of this article, any property owner, tenant or other
entity in legal possession of any real property in the Town may apply
to the Town Council or designee for a temporary permit to display
a sign in connection with a special event, subject to the following:
[1]
A "special event" shall, for purposes hereof, mean an event
of temporary and limited duration and shall include, by way of example
and not in limitation, yard sales, garage sales, carnivals, circuses,
sidewalk sales, special promotions and public events.
[2]
Permits granted hereunder shall be limited to no more than two
temporary signs per parcel and shall generally be limited to the duration
of the event and not exceed seven days, consecutive or nonconsecutive;
provided, however, that, depending upon the nature of the event and
the purpose and location of the temporary sign, a longer period, not
exceeding 21 days, consecutive or nonconsecutive, may be approved
in the exercise of the Code Enforcement Official's reasonable discretion.
[3]
No temporary permit shall be issued for any sign hereunder which
exceeds 2,160 square inches (15 square feet), which is illuminated
by animated, revolving, flashing or moving lights, which is, itself,
animated, revolving or moving or which utilizes reflectors or sound
devices nor shall any such permit be granted for an illuminated sign
in any district. In the event two temporary signs are located on one
parcel, the total size of both signs combined cannot exceed the limitation
of 2,160 square inches (15 square feet) hereby placed.
(o)
A sign accessory to a nonconforming use or structure shall conform
to the provisions of the zone district in which the nonconforming
use or structure is located.
(p)
Electronic variable message reader boards or signs (EVMS) are
permitted in the following zoning districts only: Highway Commercial
(HC), Light Industrial (LI), Planned Commercial (PCD), and Large-Scale
Commercial Overlay (LSCOD). One reader board per unit is permitted
on a wall, ground or monument sign; provided, however, that such reader
board shall be included within the maximum number and size of signs
permitted in the district in which the unit is located. An EVMS is
subject to the following specifications:
[1]
Nonresidential units may substitute an electronic variable message
sign in lieu of other permitted monument, ground or wall signs. Such
EVMS shall be further subject to the standards of this subsection.
[2]
Except for public emergency announcements, the message displayed
on the EVMS shall be static and nonanimated and shall not be changed
more than once in any given one-hour time period. In the event of
a public emergency, announcements may scroll continuously until the
public emergency message is no longer necessary.
[3]
A public emergency announcement is limited to weather-related
emergencies, national and local security events, Amber Alerts, and
the like. It is not intended to permit scrolling messages, including
but not limited to, schools, churches, civic groups for social events,
annual meetings, National Fire Safety Week, time to change smoke and
fire detector batteries, and other similar messages.
[4]
The EVMS shall be limited to two feet by 12 feet per twenty-foot
linear front footage of a unit and shall not exceed a maximum of 200
square feet.
[5]
The applicant for an EVMS permit shall certify, in writing,
to the Town that the message, except for public emergency announcements,
to be displayed on the sign shall remain static and shall not flash
or scroll at any time and that the message will remain unchanged for
at least one hour at a time.
(q)
At every street intersection there shall be a clear view between
the heights of three feet and 10 feet in a triangle formed by the
corner and points on the curb 30 feet from the intersection and entranceway.
(2)
Units of measurement.
(a)
The area of a sign shall be measured as the area within a single,
continuous perimeter composed of either the smallest square, rectangle,
or circle which encloses the extreme limits of writing, representation,
emblem, logo, or any other figure of similar character, together with
any frame or other material or color forming an integral part of the
display or used to differentiate the sign from the background against
which it is placed, excluding only the structure necessary to support
the sign. Reader boards shall be included in the sign measurement.
(b)
The area of a freestanding or projecting sign that has two or
more faces shall be measured by including the area of all sign faces,
except if two such faces are placed back-to-back and are of equal
size, the area of the two back-to-back faces shall be counted as one
face. If the two back-to-back faces are of unequal size, the larger
of the two sign faces shall be counted as the one face.
(c)
Where there is a front measurement, such shall be linear, not
area.
(3)
Illumination of signs. Signs shall not operate at brightness levels
of more than 200 cd/m2 (candelas per square
meter). Each EVMS shall have a light-sensing device that will adjust
the brightness of the EVMS as the natural ambient light conditions
change.
(4)
Each applicant seeking an EVMS permit shall provide and submit to
the Town, at the time of initial application, a written acknowledgment
that the applicant is aware of the various requirements for EVMS as
set forth in this section. Following the installation of any EVMS,
as permitted by this section, the holder of the EVMS permit shall
submit a written certification from the manufacturer or sign fabricator
to the Town that the EVMS is operating within the limits set forth
in this section and describing the brightness capacity of the EVMS.
Said certification following installation must be prepared by an independent
contractor at the EVMS permit holder's expense.
(5)
Each EVMS sign located on a state-maintained road must comply with
all Delaware Department of Transportation rules and regulations applicable
to EVMS signs where not in conflict with this section.
(6)
Nonconforming signs; unsafe signs.
(a)
Every permanent legally existing sign or advertising sign which
does not conform to the height, size, area, or location requirements
of this article as of the date of adoption of this section is hereby
deemed to be a continued legal nonconforming use. Upon change of ownership,
or closure of the business with which the sign is associated, signs
shall be brought into compliance with the current sign ordinance.
Any nonconforming sign existing on the date of enactment of this section
shall be removed and brought into compliance within 15 years of the
date of enactment of this section or at the time of any required or
requested structural change made to the nonconforming sign, whichever
shall first occur.
(b)
Removal of unsafe or nonconforming signs.
[1]
If the Code Enforcement Official or authorized representative
determines that any sign regulated by this article is unsafe or constitutes
a hazard to the public, such as obstructing vision of vehicle drivers
or pedestrians, or has been constructed, erected, or maintained in
violation of the provisions of this article, the building official
may remove the sign or require its immediate removal. Failure to comply
with a notice of violation by the building official shall be deemed
a violation.
[2]
Any sign placed or erected in a public street, alley, or right-of-way,
or other public place, which is not specifically permitted in such
place, shall be deemed an unlawful sign and the Town may remove such
sign. Such removal may be without written or other notice to the owner,
lessee or person of the property adjacent to the public street, alley
or right-of-way, or other public place if such sign will cause immediate
danger.
[3]
Should any sign be removed by an authorized representative of
the Town, the owner of the property on which the sign was located
shall be responsible for the cost of the removal.
[Added 9-7-2010]
Subject to the following requirements:
B.
No bar area, as defined in Article II, Definitions, shall be allowed in any outside service area.
C.
A restaurant
may have a bar area, as defined, where stand-up consumption of alcoholic
beverages for patrons is allowed, provided that the number of patrons
in the bar area does not exceed the Fire Marshal's occupancy limit
for that area and such bar area is located on the same floor level
as the permanent seated dining area.
D.
Stand-up
consumption of alcoholic beverages is not allowed in the permanent
seated dining area, including any outside service area.
E.
All tables
and chairs in the permanent seated dining area of a restaurant shall
be maintained and located in an accessible and usable configuration
at all times and may not be temporarily moved so as to increase any
bar area.
F.
Music
or entertainment, live or recorded, may be allowed in any outside
service area; provided, however, that no such music or entertainment
shall be provided after 10:00 p.m.
G.
Music
may be offered in a restaurant or its bar area.
H.
All windows
and doors of any restaurant or bar area shall remain closed, except
for the passage of patrons, when music is being played.
I.
A minimum
of 85% of the patron area must be dedicated as a permanent seated
dining area.
J.
A restaurant
may not serve alcoholic beverages in the morning before 9:00 a.m.
or in the evening later than 1:00 an or later than the time when the
offering of complete meals in the permanent seated dining area ends,
whichever is earlier. Hours of operation for any restaurant or eatery
outside service area: Such outside service area shall be no earlier
than 8:00 a.m. and no later than 11:00 p.m., including setup and final
cleanup. In the case of a restaurant or eatery that includes an outside
service area, such outside Service Area may be suspended or revoked
if there have been three or more cases during a calendar year of violations
of any Town ordinances. Oral and written notice of each such violation
will be given to the licensed restaurant or eatery owner. Such revocation
may be immediate, deferred to the entire season for the following
year, or both.
K.
No restaurant
or eatery may operate without a valid certificate of compliance and
business license from the Town.
A.
Private permanent residential swimming pools shall
adhere to the following standards:
(1)
All pools shall be located in rear yard areas. Pools
shall occupy no more than 25% of the rear yard area or a maximum of
800 square feet as measured along the surface of the water, whichever
is smaller.
(2)
No edge of any pool shall be closer to any lot line
than 10 feet.
(3)
In case of a corner lot, a permanent private swimming
pool shall not be constructed, erected, installed or maintained closer
to the side street line than the prevailing setback line on that street.
(4)
The pool may be lighted by underwater or exterior
lights, or both, provided that all exterior lights are located so
that the light is neither directed nor reflected upon adjacent properties
in such a manner as to be a nuisance or an annoyance to neighboring
properties. Underwater lighting shall be in compliance with the applicable
National Electrical Code.
(5)
The pool shall be completely surrounded by protective
fencing a minimum of five feet in height.
(6)
No sound-amplifying system shall be used with a private
swimming pool.
B.
Public swimming pools or clubs intended for open use
of the public or to club members shall adhere to the following standards:
(1)
Said pools shall be located within a lot area of a
minimum of one acre and within such area may also be located terraces,
change houses, refreshment stands and similar accessory uses.
(2)
The pool shall occupy no more than 20% of the lot
area. Said area shall include total water surface, including separate
wading pools, swimming tanks and diving tanks.
(3)
No edge of any pool or separate swimming tank shall
be closer to any property line than 20 feet.
(4)
The pool shall be enclosed with a fence or, in lieu
thereof, located on a terrace, or landscaped, or surrounded by structures
or any combination of the above or similar techniques in order to
control access to the immediate pool area.
(5)
The pool shall be lighted both internally and externally
but in no case shall any light be directed in a direct or indirect
fashion upon any adjacent property. All standards used for exterior
lighting shall not exceed 25 feet in height and shall be no closer
than 25 feet to the edge of any pool. All lighting shall be in compliance
with the applicable National Electrical Code.
(6)
All pools shall be constructed below the surface of
the ground, except that for a period not to exceed one swimming season,
any public pool may be erected above ground after which such pool
shall be located below ground if it remains on the same tract.
(7)
All pools shall be landscaped to effectively screen
the view and noise of the pool from neighboring properties.
(8)
All loud speakers or public address systems shall
be located on or in the immediate area of the pool and be directed
so that said speakers are not directly aimed at any adjacent residential
buildings.
(9)
One off-street parking space shall be provided for
every 30 square feet of water surface.
A.
No more than 12 townhouses nor less than four shall
be attached to produce one overall structure. The density shall not
exceed 10 dwelling units per acre.
[Amended 5-5-1986; 1-3-1995; 12-1-2003]
B.
An overall structure shall have a compatible architectural
theme but the appearance of each townhouse shall be distinct from
adjacent units by using such techniques as varying unit widths; providing
different exterior materials; changing the roof lines and roof designs;
and/or changing the types of windows, shutters, doors and exterior
colors.
C.
Building setbacks shall vary so that not more than
two adjacent units shall have the same setback. Any variation in the
setback shall be at least three feet. No townhouse shall be closer
than 10 feet to the edge of any off-street parking facility or to
the future right-of-way of the street.
E.
Any development in excess of 12 townhouses shall include
improved recreation space at least equivalent to the building coverage.
Such recreation space shall be located and improved as shown on the
approved site plans and shall be at least 6,000 square feet in area,
at least 75 feet wide and have a grade less than 5%.
No open space provided around any principal
building for the purposes of complying with the front, side, rear
or other yard provisions of this chapter shall be considered as providing
the yard provisions for another principal building.
Front yards shall be measured from the street
line as defined in this chapter. On a lot which extends through a
block in a manner resulting in frontage on two or more streets, including
corner lots, the building setback from each street, whether considered
the front, side or rear yard, shall not be less than the required
depth of a front yard in the district in which said lot, or applicable
portion of the lot, is located.
[Added 8-5-1985]
No satellite antenna shall be installed, constructed
or erected upon any property within any district located within the
Town of Millsboro except in compliance with the provisions of this
section:
A.
A satellite antenna shall be permitted only as an
accessory use on a lot that contains a principal structure and for
which a building permit has been issued.
B.
A satellite antenna shall be permitted only in the
rear or side yard, and no lot shall contain more than one satellite
antenna.
C.
A satellite antenna shall be permitted only as a freestanding
structure.
D.
There shall be rear and side yard setbacks in compliance
with rear and side yard setbacks for accessory buildings in the district
in which the property is located. The setbacks shall be measured from
the widest part of the satellite antenna.
E.
Any permitted satellite antenna shall not have a surface
receiving area greater than 12 feet in diameter.
F.
Each satellite antenna shall be designed in compliance
with the American National Standards Institute Standard A58.1, American
National Standard Building Code Requirements for Minimum Design Loads
in Buildings and Other Structures, and the Electronics Industry Association
Standard RS-411, Electrical and Mechanical Characteristics of Antennae
for Satellite Earth Stations, or any modifications or successor to
such standards, as well as any other construction or performance standard,
rule or regulation of any governmental entity having jurisdiction
over such antennas, including, without limitation, the Federal Communications
Commission. A certificate of conformance with the aforesaid standards
by the manufacturer's professional personnel or such other professional
as shall be deemed appropriate by the Town shall be submitted to the
Town as a condition for the issuance of the building permit required
by this section.
[Added 3-4-1996]
A.
Purpose. The purpose of this section is to provide
for certain uses which cannot be well adjusted to their environment
and particular location with full protection offered to surrounding
properties by rigid application of the district regulations. These
uses are generally of a public or semipublic character, temporary
in nature and are essential and desirable for the general convenience
and welfare but, because of the nature of the use, the importance
of the relationship to the Comprehensive Plan and possible impact
not only on neighboring properties but on a large section of the Town,
require the exercise of planning judgment on location and site plan.
B.
Conditional uses enumerated. The following buildings,
structures and uses shall be approved by the Town Council as conditional
uses in any district in which they are listed in accordance with this
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,
that adequate off-street parking facilities will be provided, that
they do not contribute to the traffic problem on congested roads and
that necessary safeguards will be provided for the protection of surrounding
property, persons and neighborhood values, and further, provided,
that the additional standards of this section are met. Unless otherwise
specified in this section or specified as a condition of approval,
the height limits, yard space, lot area and sign requirements shall
be the same as for other uses in the district in which the conditional
use is located.
(1)
Storage of repossessed automobiles.
(2)
Retail sales.
[Added 5-6-1996]
(3)
Wholesale of confections, paper and plastic consumer
products and sanitary maintenance supplies.
[Added 9-3-1996]
(4)
Single-family dwellings as an accessory use.
[Added 9-2-1997; amended 9-5-2000]
(5)
Family day-care home, group day-care home and day-care
center; provided, however, that the following conditions are found:
[Added 8-2-1999]
(a)
A license from the State of Delaware and a license
from the Town of Millsboro.
(b)
There shall be 50 square feet of outdoor play
space per child.
(c)
All outdoor play spaces shall be fenced with
a four-foot-high fence.
(e)
This use may be an accessory use to an existing
legal primary use in the district in which it is to be located.
(6)
Games and arcades.
[Added 4-3-2000]
(7)
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]
C.
Procedures; preliminary site plan required. A preliminary site plan complying with the requirements of site plan review, § 210-45 of this chapter, or, in the discretion of the Building Inspector, containing information sufficient to determine compliance with the terms of this chapter, shall accompany an application for approval of a conditional use under this section, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use and approval and amendment of site plans are the same as for site plan review, § 210-45.
D.
Approval valid for one year. Approval of a conditional
use under this section shall be valid for a period of one year after
the date of approval and thereafter shall become null and void unless
extended by specific action of the Town Council.
E.
Revocation of permits. Permits issued under a conditional
use approval may be revoked by the Town Manager for failure to comply
with conditions of approval or with applicable federal, state, county
or Town regulations.
F.
Property
posted with notice. The Town Manager shall cause to be posted at one
or more prominent and easily visible places on the property which
is the subject of the conditional use application, on eighteen-inch-by-twenty-four-inch
yellow cardboard, a public notice setting forth the date and time
of the Town Council meeting during which the conditional use application
will be considered, the name of the party requesting the conditional
use, the application number assigned to the conditional use request
(if any), a description of the property involved, and a statement,
in plain language, of the nature of the conditional use requested.
The notice shall also include Town Hall's address and telephone number
for interested parties seeking further information on the Town Council
meeting and the requested conditional use. One such notice sign shall
be posted for each street on which the subject property fronts. It
shall be the responsibility of the party who has requested the conditional
use, and not the responsibility of the Town, to maintain the notice
signs in good condition during the posting period. Said notice sign
or signs shall be posted at least 15 days prior to the Town Council
meeting during which the conditional use application will be considered
and shall remain posted until the Town Council has taken a final action
upon the requested conditional use. The foregoing property posting
requirements shall apply to both initial conditional use applications
and any applications for the renewal or extension of a previously
approved conditional use.
[Added 11-7-2022]
[Added 2-2-1998]
A.
When used in this section, the term "person" shall
include a natural person, an individual, a joint-stock company, a
partnership, a society, club, firm, company, corporation, or any group
acting as a unit or the manager, lessee, agent, servant, partner,
member, director, officer or employee of any of them, including an
executor, administrator, trustee, receiver or other representative
appointed according to law.
B.
It shall be unlawful for any person to construct,
erect, install or place or cause or permit to be constructed, erected,
installed or placed upon any property within the Town any temporary
structure or shelter, unless accomplished within the provisions of
this section.
C.
Temporary structures or shelters used in connection
with and while construction on the premises is in progress for a period
not to exceed six months.
D.
Temporary structures or shelters to be used in connection
with a private social gathering or a private social event for a maximum
period of time not to exceed 72 hours.
E.
Temporary commercial structures or shelters for the
purpose of conducting business on the premises for a period not to
exceed six months.
F.
Temporary structures or shelters for residential storage
purposes only and which shall not exceed 500 square feet and 10 feet
in height.
G.
When the temporary structure or shelter is permitted
pursuant to provisions in this section, the owner of the property
shall file an application with the Town Manager on forms supplied
by the Town Manager at least 24 hours prior to the placement of the
temporary structure or shelter upon the property, stating the location
of the property, the date the temporary structure or shelter will
be placed upon the property, the type of structure, the purpose for
which it is being placed upon the property and the date the temporary
structure or shelter will be removed from the property. Upon the filing
of the application, the Town Manager shall endorse her approval upon
the application, if it complies with this section, or her disapproval
with the reason or reasons therefor.
H.
For the purposes of this section, each day or part
of a day that a violation continues shall be deemed to be a separate
offense.
