A.
B.
Permitted uses and structures. Where a "(D)" appears to the right of a use, a definition for that use can be found in Article II.
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Any use permitted in the underlying zone.
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Beekeeping.
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Cultivation for sale of agricultural products
grown to provide food, forage, or fibers.
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Horticultural and floricultural activities,
such as flowers, shrubs, and trees intended for ornamental or landscaping
purposes, including wholesale or retail nurseries limited to the sale
of products grown on-site and in greenhouses on-site.
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Mechanical repair facilities for agricultural
equipment.
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Orchards.
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Packing or processing of agricultural crops,
animals, and their by-products that entails more than picking, cutting,
sorting and boxing or crating, but does not include rendering, tanning
or reduction of meat.
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Roadside stands for the sale of agricultural
products, provided adequate off-street parking shall be provided for
all employees and customers.
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Sale of agricultural products grown, raised
or produced on the premises.
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Sale of seed, fertilizer, tool, tractors, and
normal farm equipment.
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Small commercial use of existing farm buildings
for trades not disruptive to the integrity of the agricultural character
of the area, such as carpentry shop, small-scale mechanical shop and
similar activities that a farm operator might conduct.
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Small on-site commercial or industrial operations
normally associated with farming.
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Storage and drying of crops in grain elevators
or similar facilities.
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Storage use of existing farm buildings.
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Within the two-hundred-foot buffer area called for in Subsection C:
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C.
D.
Additional regulations.
(1)
All manufacturing and fabrication operations shall
be conducted within structures. All equipment and material storage
areas shall be screened by solid walls, fences, or by adequate plantings
of not less than six feet in height.
(2)
Agricultural activities and agriculturally oriented
industrial activities shall be conducted consistently with generally
accepted agricultural and best management practice and shall not be
restricted in terms of time of day or days of the week.
(3)
The Commissioners may impose such additional conditions
of approval as it deems necessary to provide for the public health,
safety, morals and general welfare of Bridgeville.
E.
Agricultural use protections. Normal agricultural
uses and activities conducted in a lawful manner are preferred. In
order to establish and maintain a preference and priority for such
normal agricultural uses and activities and avert and negate complaints
arising from normal noise, dust, manure, and other odors, the use
of agricultural chemicals and nighttime farm operations, land uses
adjacent to land used primarily for agricultural purposes shall be
subject to the following restrictions.
(1)
For any new subdivision development located in whole
or in part within 300 feet of the boundary of land used primarily
for agricultural purposes, the owner of the development shall provide
in the deed restrictions and any leases or agreements of sale for
any residential lot or dwelling unit the following notice:
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"The property is located in the vicinity of
land used primarily for agricultural purposes on which normal agricultural
uses and activities have been afforded the highest priority use status.
It can be anticipated that such agricultural uses and activities may
now or in the future involve noise, dust, manure and other odors,
the use of agricultural chemicals and nighttime farm operations. The
use and enjoyment of this property is expressly conditioned on acceptance
of any annoyance or inconvenience which may result from such normal
agricultural uses and activities."
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(2)
For any subdivision development located in whole or
in part within 50 feet of the boundary of land used primarily for
agricultural purposes, no improvement requiring an occupancy approval
for a residential type use shall be constructed within 50 feet of
the boundary of land used primarily for agricultural purposes.
A.
Applicability; purpose; definitions.
(1)
These regulations are applicable to structures used
for residential purposes.
(2)
The purpose of this section shall be to accomplish
the following:
(a)
To assist in preserving the historic character
and the historic fabric of the Town of Bridgeville.
(b)
To safeguard the heritage of the Town by preserving
the elements which reflect the cultural, social, economic, political
or architectural history of the Town.
(c)
To promote the use and preservation of the values
as established by the Bridgeville Comprehensive Plan.
(d)
To recommend alteration or new construction
in keeping with the Historic District.
(e)
To recommend restoration rather than demolition
of contributing structures or historic properties.
(f)
To encourage the proper maintenance, preservation
and, when necessary, alteration of structures in the HD Historic District.
(3)
ALTERATION(S)
COMMERCIAL STRUCTURE/SITE
COMMISSION
CONTRIBUTING STRUCTURES
DEMOLITION
HD HISTORIC DISTRICT
HISTORIC PROPERTIES
IN PUBLIC VIEW
MAINTENANCE/REPAIR
NONCONTRIBUTING STRUCTURE
RESIDENTIAL STRUCTURE
STRUCTURE
In this section, the following definitions shall be
applicable unless the context clearly indicates to the contrary:
Any activity requiring a building permit, the approval of
the Administrator, and/or any change in the exterior appearance (other
than maintenance) or structural change, including but not limited
to construction, reconstruction, renovation, modification, alteration,
moving or demolition, of a noncommercial structure within the HD Historic
District of the Town of Bridgeville.
Any structure or site which is currently used primarily for
commercial activities and not primarily for residential use.
The Planning and Zoning Commission of the Town of Bridgeville.
Structures that are judged to add to the HD Historic District's
sense of time, place and historic development under criteria established
by the Planning and Zoning Commission, including historical significance,
integrity and context. Such structures are so designated because they
meet an architectural test (i.e., compatible with surrounding buildings
or represent an architectural style identified with Bridgeville's
history) and a longevity test (more than 50 years old). No buildings
individually listed on the National Register of Historic Places or
listed as a historic property within or without the designated HD
Historic District, or those buildings that may be candidates or are
currently pending for such status, will be approved for demolition
unless deemed by the Administrator to be a public hazard.
Destruction, razing, commencement of the work or steps of
total or partial destruction with the purpose of completing the same;
includes any willful neglect in the maintenance and repair of a structure
that does not result from a financial inability to maintain and repair
the structure and threatens to result in substantial deterioration
of the exterior features or the structural integrity of the building.
An overlay zoning district on the Town of Bridgeville Zoning
Map identified and designated as having historic importance and further
included in the Comprehensive Plan, as each may from time to time
be amended.
Noncommercial structures and sites, public rights-of-way
or areas designated by Town Commission as having importance in the
history of the Town of Bridgeville.
That portion of a structure that is visible, or could be
visible but for a fence or landscaping, from a public right-of-way
or public or private street.
Ordinary repairs and maintenance, including design, materials,
features or finishes of a structure, which do not alter the exterior
appearance of the structure and have no material effect on the historical,
archaeological or architectural significance of the structure. Paint
color is included in this definition regardless of the effect on exterior
appearance.
Structures that do not add to the HD Historic District's
sense of time, place and historic development. Such structures are
so designated because they are not listed or pending to become listed
on the National Register of Historic Places or do not meet either
an architectural test (i.e., compatible with surrounding buildings
or represent an architectural style identified with Bridgeville's
history) or longevity test (more than 50 years old).
Any structure or site currently used primarily for residential
living purposes.
A combination of materials to form a construction that is
stable, including but not limited to buildings, sheds, outbuildings,
fences.
B.
Procedures.
(1)
Before the construction, alteration, reconstruction,
moving or demolition of any dwelling, residence or related structures
on property within the HD Historic District that would affect the
exterior appearance of a structure visible or intended to be visible
from an adjacent public way, the owner, agent, or representative proposing
to construct or change shall file with the Administrator of the Town
of Bridgeville an application to construct, build, alter, reconstruct,
move, demolish or make an addition.
(2)
Actions not requiring review by the Commission. Ordinary
repairs and maintenance that do not constitute a change to the appearance
of the structure include:
(a)
Repair of existing windows and doors, using
the same material, including the installation of storm windows that
will not alter the exterior appearance of the structure.
(b)
Maintenance and repair of existing roof material
involving no change in the design, scale, material or appearance of
the structure.
(c)
Repair of existing roof structures, such as
cupolas, dormers and chimneys, using the same materials that will
not alter the exterior appearance of the structure.
(d)
Replacement of existing shingles, clapboards,
or other siding, maintaining the exterior appearance of the structure.
(e)
Maintenance and repair of existing shingles,
clapboard or other siding, using the same materials that are being
repaired or maintained.
(f)
Repairs to existing shutters, fences, or retaining
walls, using the same materials for those items being repaired.
(g)
Change of paint color.
(3)
Actions requiring review by the Commission.
(a)
The applicant shall apply for a building permit. If the proposed site is in the HD Historic District, the Administrator will notify the applicant that his/her project must be approved by the Commission (unless the project falls under Subsection B(2) above) and will give him/her a Commission application.
(b)
For the initial application, the applicant shall
fill out the application, attach four copies of plans that include
a site plan, along with all existing structures, changes, and elevation
drawings, of the proposed change, construction, alteration, or modification,
including a description of the type and texture of the materials to
be used for the exterior; current photographs of the property in question
and of adjacent and neighborhood properties, including the streetscape
of both sides of the street on which the subject property is located.
An application is deemed complete when these items have been submitted.
After the review process is completed, the Commission will return
two sets of plans to the applicant and retain two for its records.
(c)
Completed initial applications submitted to
the Administrator two weeks (10 working days) prior to a regular scheduled
Commission meeting will be heard at the next scheduled Commission
meeting.
(d)
The Commission shall endeavor to arrive at a
decision at the first meeting at which the application is presented;
however, if the Commission decides it needs more information or time
in which to make a decision, it shall either place the application
on the agenda for the next meeting or schedule a special meeting.
The Commission shall grant or deny the application as expeditiously
as possible, but in no event later than the second meeting at which
the application is on the agenda and the applicant appears. Failure
to act within said time frame shall be deemed to be approval of the
application as submitted; however, an extension may be granted if
agreed to by both the applicant and the Commission.
(e)
If, after review of the application by the Administrator,
he/she determines that the proposed activity will require a variance,
the Administrator shall notify the applicant and provide information
on the process for application to the Board of Adjustment. If no application
to the Board of Adjustment is made by the applicant within 30 days
after notice has been given by the Administrator, the application
shall be deemed to have been withdrawn. However, if the applicant
desires to have the Commission review an application prior to applying
to the Board of Adjustment, the applicant shall request the Administrator
to forward the application to the Commission.
(f)
The Commission may grant approval, grant approval
with conditions, or deny the application. A denial shall include the
reasons that the proposal does not meet the criteria in this section.
The applicant shall have the opportunity to resubmit his/her application
with modifications; such resubmissions shall meet the same requirements
as the original. If the second submission of the application is denied,
the applicant may either modify the application for another submission
or appeal the denial to the Board of Adjustment. In no event may the
Commission make recommendations for changes that will require violation
of other requirements of this chapter.
(g)
Written notice of the decision of the Commission
will be forwarded promptly by the Commission to the applicant and
to the Administrator. Upon approval by the Commission, the applicant
will be advised. The notice will inform the applicant to meet with
the Administrator to complete the application for a building permit.
Approval shall be valid for one year for the approved project; if
the project is commenced but not completed before the end of that
period, the owner shall apply to the Administrator for an extension
that may not exceed an additional period of one year.
(h)
Substantive changes to the Commission-approved
project prior to or during construction shall require review and approval
by the Commission. For such changes, the applicant shall submit one
copy of the original application and a description of the proposed
changes, as well as any supporting documentation to illustrate the
effect or noneffect of such proposed changes. Consideration by the
Commission of those changes shall be made at the next regularly scheduled
meeting or at a special meeting, if appropriate.
(4)
Demolition. If the structure or any part thereof is
deemed to be "contributing" and therefore has historic and architectural
significance, no demolition may take place until approved by the Commission.
The applicant shall satisfy the Commission that he/she had considered
reasonable means to either mitigate or to eliminate the demolition.
If the Commission finds that the structure has no historic or architectural
significance or is noncontributing, the Commission may approve the
application for demolition.
(5)
Interior features. The Commission shall consider only
exterior features and shall not consider interior arrangements except
to the extent that an interior alteration affecting the exterior is
required by law or disability of owner or tenant.
(6)
Designation of historic properties. Owners of property
outside the boundaries of the HD Historic District may request his/her/their
property be designated a historic property. Before any such designation
may be assigned, specific procedures, information required and recordation
procedures and requirements shall have been determined. Such procedures
shall include reference to the guidelines of the Preservation Office
of the State of Delaware and National Register of Historic Places.
(7)
Appeals. Any person aggrieved by a decision rendered
by the Commission shall have a right to appeal to the Board of Adjustment
of the Town of Bridgeville.
C.
Criteria. In reviewing the plans for any construction,
change, or demolition, the Commission shall give consideration to:
(1)
Historic or architectural value and significance of
the structure and its relationship to the historic value of the surrounding
area;
(2)
Relationship of the exterior architectural features
of the structure to the remainder of the structure and to the surrounding
neighborhood; distinctive stylistic features or examples of skilled
craftsmanship shall be preserved, if possible.
(3)
General compatibility of exterior design, arrangement,
texture and materials proposed to be used with other structures contributing
to the established character of the HD Historic District of Bridgeville.
(4)
When application is made to demolish a structure or
any part thereof, the impact of its removal from the area in which
it is located, and its structural condition and the economic feasibility
of alternatives to the proposed demolition.
(5)
When application is made to move a historic structure,
the potential loss of history to its original site and to the Historic
District as a whole and the reasons for not keeping the structure
at its present location.
(6)
The effect of the structure on the health, safety
and general welfare of the Town.
(7)
Other factors that the Commission deems to be pertinent,
consistent with the Land Use and Development Code of Bridgeville.
(8)
When owners of structures in the HD Historic District
that have been or are designated as "noncontributing" make application
to the Commission for approval for alteration or demolition, the Commission's
evaluation shall be based upon the potential impact on the streetscape
setting of the property rather than the potential impact on the property
itself. When owners of structures in the HD Historic District designated
as "contributing structures" make application to the Commission for
alteration or demolition, preserving the property will be the Commission's
primary criterion in evaluating the application. The Commission may
require the applicant to submit both financial and construction details
in support of any proposed demolition.
(9)
A proposed new structure or any alteration to an existing
historic property shall be permitted to expand to the height and yard
setbacks permitted in the underlying district.
A.
General.
(1)
The purpose of the FP Zone is to provide land development
and construction controls for flood-prone lands.
(2)
Flood-prone lands are those areas of land adjoining
a stream, river, estuary, or other watercourse that has been or may
hereafter be covered by floodwaters of the one-hundred-year flood
or subject to shoreline erosion caused by a one-hundred-year flood.
(3)
The requirements of the FP Zone are in addition to
(i.e., an overlay on) all other standards contained in this chapter.
C.
Permitted uses and structures. Permitted uses and
structures shall be those allowed in the zoning district in which
the flood-prone property is located.
A.
General.
(1)
Purpose of zoning district. The purpose of the WRP
Zone is to provide land development and construction controls for
lands in wellhead protection and excellent recharge areas.
(2)
Definition. Water resource protection areas are wellhead
and recharge areas as defined in this section.
(3)
Applicability. The requirements of the WRP Zone are
in addition to (i.e., an overlay on) all other standards contained
in this chapter.
(4)
Boundaries. Generally, the boundaries of the WRP Zone
shall be determined using the Delaware Code as administered by the
Delaware Department of Natural Resources and Environmental Control
(DNREC).
(5)
Permitted uses and structures. Permitted uses and
structures shall be those that apply to the zoning district in which
the wellhead protection or excellent recharge area is located.
