Milford City Zoning Code

ARTICLE III

Use and Area Regulations

§ 230-9.- R-1 Single-Family Residential District.

In an R-1 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The intent of the R-1 Residential District is to preserve the spacious residential atmosphere and quality of living of existing low-density residential development, to provide for the orderly and appropriate development of new low-density housing and to allow related uses that would not be detrimental to the residential character of the district.

Permitted uses. Permitted uses for the R-1 District shall be as follows:

(1)

A single-family detached residential dwelling.

(2)

Farming, agricultural activities and roadside stands for the sale of farm and nursery products produced on the property where offered for sale.

(3)

Municipal and public services and facilities, including City Hall, water storage towers, water reservoirs, water pumping stations, water treatment plants, sewage pumping stations, sewers (storm and sanitary), street rights-of-way, utility transmission and distribution lines, public transportation bus or transit stops, police and fire stations and substations for electric, gas and telephone facilities.

(4)

Parks, playgrounds, athletic fields, recreation buildings, swimming pools and community centers operated on a noncommercial basis for recreation purposes.

(5)

Customary residential accessory uses, such as private garages, swimming pools, storage sheds, and small scale solar and wind energy systems may be located in any required side or rear yard provided:

(a)

The primary residence must exist or be under construction.

(b)

All such buildings in the aggregate shall not occupy more than 30 percent of the area of the required rear and side yard.

(c)

An accessory structure may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter with the inclusion of attached garages.

(d)

Such buildings shall be setback five feet from any lot line and shall not be located less than five feet from a principal structure.

(e)

Accessory small scale solar & wind energy systems which are attached to a principal structure or other accessory structure must meet the area regulations for principal structures and accessory structures outlined in this Chapter.

(6)

Home occupational/office (subject to the following special requirements):

(a)

The business activity shall be compatible with the residential zoning of the property and surrounding uses.

(b)

The use is carried on entirely by the inhabitants of the dwelling, and shall employ no employees other than family members residing in the dwelling.

(c)

The use does not involve any customer, client, or patient visits, whether vehicular or pedestrian, to the dwelling.

(d)

Such use involves no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with the residential use.

(e)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(f)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(g)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference detectable to normal senses beyond the property in excess of levels customarily generated by a residential use.

(h)

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(i)

The business activity shall only be conducted within the dwelling and the floor area devoted to such use shall not exceed 30 percent of the total floor area for the principal residential structure.

(j)

As long as all other criteria is met, more than one home occupation shall be permitted per lot or dwelling.

(k)

The practice of a home occupation shall be conducted entirely within the dwelling which is the bona fide residence and under ownership of the principal practitioner or contained entirely within an accessory building and located on the same lot as the dwelling.

(l)

There shall be no change in the exterior appearance of the dwelling, any accessory building and/or the lot, which would cause the premises to differ from its residential character.

(m)

There shall be no storage or use upon the premises (beyond normal household use) of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by DNREC, or through applicable regulations.

(n)

There shall be no unenclosed exterior storage of material or refuse resulting from the home occupation.

(o)

Prohibited minor home occupations. Minor home occupations shall not include the following uses:

[1]

Animal shelter, commercial kennel or veterinary office;

[2]

Rooming or boarding home;

[3]

Bed and Breakfast;

[4]

Funeral home;

[5]

Restaurant;

[6]

Outdoor café;

[7]

Club or lodge;

[8]

Medical or dental office;

[9]

Retail shop;

[10]

Rental business;

[11]

Furniture stripping;

[12]

Auto or small engine repair;

[13]

Painting of vehicles, trailers, or boats;

[14]

Manufacturing, repairing or other mechanical work performed in connection with the home occupation performed in any outdoor area;

[15]

Private school with organized classes; private schools are defined as any building or groups of buildings, the use of which meets state requirements for elementary, secondary or higher education and which does not secure the major part of its funding from any governmental agency;

[16]

Welding shop;

[17]

Other uses of similar character to those listed above.

(7)

Family day care home. An occupied residence in which a person provides care for children other than his/her own family and the children of close relatives for compensation. Such care in a family day care home is limited to that care given to six or fewer children with a maximum of three children allowed for after school care. Such child care facility shall be permitted as an accessory use.

(8)

Group Home, for the care of disabled or elderly persons.

(9)

Model home (Sample Home)/Sales Office.

(10)

Short-term Rental.

(a)

The structure rented must be a legal residential unit in the zoning district either as the principal dwelling, a room or area within said dwelling, or an approved accessory dwelling unit. In no case shall a tent, recreational vehicle, or travel trailer be used as a short-term rental.

(b)

The primary unit shall remain owner occupied.

(c)

Trash service requested from the property cannot be increased as part of this use.

(d)

No more than one listing can occur per property and must be habitable space as defined by this chapter.

Conditional uses subject to special regulations. The following uses may be permitted with the approval of a conditional use permit by the Milford City Council in accordance with the provisions in Article IX of this chapter:

(1)

Churches and other places of worship and cemeteries.

(2)

Public and private elementary, junior or senior high schools.

(3)

Day-care facilities, including large family day cares involving more than six children.

(4)

Conversion of a one-family dwelling into multiple dwelling units, if such dwelling is structurally sound but too large to be in demand for one-family use and if that conversion would not impair the character of the neighborhood, subject to conformance with the following requirements:

(a)

There shall be a lot area of at least 2,000 square feet for each unit to be accommodated.

(b)

There shall be a gross leasable floor area, computed as the sum of those areas enclosed by the outside faces of all exterior walls surrounding each story used for the residence, exclusive of any area for any accessory private garage, of at least 500 square feet per family to be accommodated.

(c)

Fire escapes and outside stairways leading to a second or higher story shall, where practicable, be located on the rear of the building and shall not be located on any building wall facing a street.

(5)

Accessory dwelling units. Accessory dwelling units include accessory apartments and accessory cottages and are subject to the following requirements;

(a)

One dwelling unit on the property shall be owner-occupied. A notice and declaration of land use restriction to this effect shall be signed and recorded prior to issuance of a certificate of use and/or building permit for the accessory dwelling unit.

(b)

Only one accessory dwelling unit (either apartment or cottage) shall be permitted per property.

(c)

Accessory Apartments.

[1]

Accessory apartments are only permitted within single-family detached dwellings.

[2]

The floor area of an accessory apartment shall not exceed 35% of the single-family detached dwelling.

(d)

Accessory Cottages.

[1]

An accessory cottage shall contain at least 220 square feet of floor area. The floor area of an accessory cottage shall not exceed 40% of the floor area of the single-family detached dwelling to which it is accessory or 1,200 square feet, whichever is greater.

[2]

For an accessory cottage which will be a new structure, the exterior materials, roof form, and window spacing and proportions of the accessory cottage shall approximate those of the existing or proposed single-family detached dwelling.

[3]

For an accessory cottage located within an existing garage or other outbuilding, the structure is not required to approximate the exterior features of the existing single-family detached dwelling, but any exterior modification should be consistent with the architectural style of that structure unless the building is upgraded per the requirements for new structures.

[4]

Accessory cottages shall comply with the principal structure setbacks for the respective zoning district, unless the accessory cottage is located within an existing garage or other outbuilding, for which the structure must meet the accessory structure setbacks for the respective zoning district.

(6)

Major Home Occupation. A home occupation that does not meet one or more of the criteria for a minor home occupation shall be defined as a major home occupation and subject to the following requirements:

(a)

Major home occupations shall be permitted only in single-family detached dwellings or an accessory structure to a single-family detached dwelling

(b)

The area used for a major home occupation shall not exceed 30% or 600 square feet of the total floor area of the principal residential structure or accessory structure.

(c)

No more than one person, other than resident members of the immediate family may be employed or subcontracted at the residence. Use of nonresident employees must have prior approval from City Council.

(d)

No more than two clients at any one given time shall be permitted to visit the premises to conduct business related to the major home occupation.

(e)

No articles shall be sold or offered for sale except those produced on the premises. Such sales must have prior approval from City Council.

(f)

Where employees or customer visits are anticipated, off-street parking shall be provided in a sufficient capacity to prevent interference with normal residential parking in the neighborhood. Minimum off-street parking shall apply as outlined in Article IV Off-street Parking and Loading Standards.

(g)

Beauty parlors and barber shops may be permitted as a major home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this ordinance are met.

(h)

Instructional services may be permitted as a major home occupation provided that a maximum of three students may be instructed at any one time, and there shall be no more than two trips per hour.

(i)

(j)

There shall be no change in the exterior appearance of the dwelling, any accessory building and/or the lot, which would cause the premises to differ from its residential character.

(k)

(l)

Deliveries from major commercial suppliers which may be disruptive to the neighborhood shall not be made between the hours of 8:00 pm prevailing time and 8:00 am prevailing time.

(m)

(n)

There shall be no unenclosed exterior storage of material or refuse resulting from the home occupation.

(o)

All commercial vehicles shall be parked on the same lot as the home occupation, and only one commercial vehicle may be parked outside of a garage, enclosed structure, or screened parking space within the lot boundaries. Such a commercial vehicle shall have no more than two axles. There shall be not storage of tractor-trailers on the lot on which the home occupation is located.

(p)

Prohibited major home occupations. Major home occupations shall not include the following uses:

[1]

Animal shelter, commercial kennel or veterinary office;

[2]

Rooming or boarding home;

[3]

Bed and Breakfast;

[4]

Funeral home;

[5]

Restaurant;

[6]

Outdoor café;

[7]

Club or lodge;

[8]

Medical or dental clinic (two or more doctors or dentists);

[9]

Retail shop;

[10]

Rental business;

[11]

Furniture stripping;

[12]

Auto or small engine repair;

[13]

Painting of vehicles, trailers, or boats;

[14]

Manufacturing, repairing or other mechanical work performed in connection with the home occupation performed in any outdoor area;

[15]

[16]

Welding shop;

[17]

Other uses of similar character to those listed above.

(7)

Social club or fraternal, social service, union or civic organization.

(8)

Cultural facilities, including a library, museum or art gallery.

(9)

Country club, regulation golf course, including customary accessory uses, provided that all buildings have a minimum setback of 120 feet from all street and property lines.

(10)

Planned unit development, see requirements in Chapter 230-19.9.

(11)

Bed-and-breakfast, subject to the following requirements:

(a)

The bed-and-breakfast establishment does not adversely affect the residential character of the neighborhood and such use is carried on in an existing residential structure.

(b)

The building proposed for use as a bed-and-breakfast must have the owner of the bed-and-breakfast residing in the building as his/her principal residence.

(c)

The serving of meals shall be limited to breakfast and afternoon tea for overnight guests and customers.

(d)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(e)

No exterior alterations other than a sign and those required by law to ensure the safety of the structure shall be made.

(f)

The bed-and-breakfast operation shall not use more than 50% of the floor area of the principal residence. Common areas such as the kitchen, foyer, living room or dining room are not included in this calculation.

(g)

No areas shall be floodlit. Drives and parking areas shall not be illuminated by lighting fixtures higher than 20 feet. Sidewalks shall not be illuminated by lighting fixtures higher than 15 feet. Exterior lighting shall be so shaded as to prevent illumination off-site. All external lighting, except for demonstrated security needs, shall be extinguished by 10:00 p.m.

(12)

Funeral Home or undertaker.

(13)

Group Home, other than for the care of disabled and elderly persons.

(a)

The lot on which the group home is proposed shall not be located within 500 feet of a lot on which another group home is located.

(b)

All required state licenses and permits for such a facility shall be obtained prior to the issuance of a Certificate of Occupancy for said use and shall be maintained as current throughout the period of such usage as a group home.

(c)

Floor plans and a plot plan shall be submitted with the application.

(d)

No alteration, addition, or other structural change to the interior or the exterior of any single-family building in which a group home is proposed to be located shall be permitted is such alteration, addition, or other structural change would alter the essential single-family character of the building.

(14)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

Area regulations.

(1)

Minimum lot area shall be 10,000 square feet. Minimum interior lot shall be 10,000 square feet. Minimum corner lot shall be 13,000 square feet.

(2)

Maximum lot coverage shall be 40%.

(3)

Minimum lot width shall be 80 feet.

(4)

Height of buildings shall not exceed 35 feet. Accessory buildings or structures shall not exceed 15 feet in height.

(5)

Minimum front yard setback line shall be 25 feet.

(6)

Minimum rear yard shall be 25 feet. For corner lots the rear yard may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(7)

Side yards shall be provided as follows: each lot shall have two side yards with a minimum of 12 feet each.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Signs shall comply with the requirements provided in Article VI of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Open space and recreational requirements shall comply with Chapter 230-19.7.

(12)

Accessory structures for non-residential uses in aggregate shall occupy no more than 30 percent of the required rear and side yard of the lot area and may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter.

(13)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-10. - R-2 Residential District.

In an R-2 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The purpose of the R-2 District is to permit housing at a greater density than in the R-1 District by providing for the orderly development of low- to medium-density residential housing into those areas where public services are available. This district also allows for professional home occupations. Finally, it protects existing developments of this nature and excludes noncompatible ones.

Permitted uses: Permitted uses of the R-2 District shall be as follows:

(1)

All permitted uses in an R-1 District.

(2)

Single-family semi-detached dwelling.

Conditional uses: all uses specified as conditional uses in the R-1 District subject to its area regulations, may be permitted with the approval of a conditional use permit by the Milford City Council in accordance with Article IX of this chapter.

Area regulations.

(1)

For permitted uses and single-family semi-detached dwellings not separately owned:

(a)

Minimum interior lot area shall be 8,000 square feet and minimum corner lot area shall be 13,000 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 80 feet.

(d)

Height of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear yard setback shall be 15 feet. For lower lots the rear yard may be reduced 20% in depth to allow for the skewing of a residential dwelling on its lot.

(g)

Side yards shall be provided as follows: each lot shall have two side yards a minimum width of eight feet on each side.

(2)

For single-family semi-detached dwellings separately owned:

(a)

Minimum interior lot area shall be 4,000 square feet and minimum corner lot area shall be 6,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 40 feet.

(d)

Height of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear yard setback shall be 15 feet. For lower lots the rear yard may be reduced 20% in depth to allow for the skewing of a residential dwelling on its lot.

(g)

Side yard shall be provided as follows: each lot shall have one side yard a minimum width of eight feet.

(3)

Parking shall comply with the requirements provided in Article IV of this chapter.

(4)

Signs shall comply with the requirements of Article VI of this chapter.

(5)

Landscape screening shall comply with the requirements of Article V of this chapter.

(6)

Open space and recreational amenities shall comply with Chapter 230-19.7.

(7)

(8)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(9)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-11. - R-3 Garden Apartment and Townhouse District.

In an R-3 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The purpose of the R-3 District is to provide for the orderly development of existing and proposed medium- to high-density residential areas where adequate public facilities exist. The district will permit development of garden-type apartments as well as townhouses that will yield high densities in selected areas, multifamily dwellings and a variety of housing types.

Permitted uses. Permitted uses for the R-3 District shall be as follows:

(1)

All permitted uses in an R-2 District

(2)

Two-family dwellings.

(3)

Townhouses.

(4)

Garden Apartments.

Conditional uses subject to special regulations. All uses specified as conditional uses in the R-1 District and the following uses may be permitted with the approval of a conditional use permit by the Milford City Council in accordance with the provisions of Article IX of this chapter and are subject to the area regulations for the R-1 zoning district unless otherwise noted below:

(1)

Rooming or boarding houses.

(2)

Business or Professional offices (nonresident); minimum lot size one acre.

(3)

Nursing homes; minimum lot size one acre.

(4)

Manufactured home parks.

(5)

Tiny Home Village.

Area regulations.

(1)

Single-family and two-family dwellings shall be subject to the following area regulations:

(a)

Minimum lot area shall be 7,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 60 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

Side yards shall be provided as follows: each lot shall have at least two side yards eight feet in width, except semi-detached structures, which shall have at least one side yard per lot eight feet in width.

(f)

Minimum rear yard setback shall be 15 feet. For corner lots the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(2)

Single-family semi-detached

(a)

Minimum interior lot area shall be 4,000 square feet and minimum corner lot area shall be 6,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 40 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

(f)

Minimum rear yard setback shall be 15 feet. For corner lots the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(3)

Townhouses or row dwellings, subject to the following requirements:

(a)

Minimum townhouse project size shall be one acre.

(b)

Minimum lot area shall be 2,000 square feet.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 20 feet.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear yard setback shall be 30 feet.

(g)

Minimum side yard setback shall be 10 feet, aggregate 30 feet.

(h)

The number of dwelling units per group shall not exceed eight nor be fewer than three.

(i)

The number of dwelling units per acre shall not exceed 12.

(j)

There shall be within any contiguous group of townhouses at least three different architectural plans having substantially different designs and building materials. In addition, no more than three continuous townhouses shall have the same front setback, and the variations in front setback shall be at least four feet.

(4)

Garden or low-rise apartments, subject to the following requirements:

(a)

Minimum apartment project size shall be one acre, with a minimum of 2,500 square feet of lot area for each dwelling unit.

(b)

Maximum lot coverage shall be 80%.

(c)

Minimum lot width shall be 50 feet.

(d)

Minimum front yard setback shall be 30 feet.

(e)

Minimum rear yard setback shall be 30 feet.

(f)

Minimum side yard setback shall be 20 feet.

(g)

The maximum number of dwelling units per building shall be 24.

(h)

The number of dwelling units per acre shall not exceed 16.

(i)

Distance between buildings or groups of buildings shall be as follows: each building or group of buildings shall be at least 25 feet from any other building or group of buildings.

(5)

Manufactured Home Parks.

(a)

The total area to be developed as a mobile home park shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 8.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 40 feet.

(e)

Minimum lot area shall be 4,000 square feet.

(f)

Minimum front yard setback shall be 25 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Mobile homes must meet the requirements of the Federal Manufacturer Housing Construction and Safety Standard Act of 1974.

(6)

Tiny Home Village.

(a)

The total area to be developed as a tiny home village shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 12.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 25 feet.

(e)

Minimum lot area shall be 2,000 square feet.

(f)

Minimum front yard setback shall be 20 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Tiny homes must meet the requirements of the adopted building code of the City of Milford.

(7)

Heights of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Signs shall comply with the requirements provided in Article VI of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Open space and recreational amenities shall comply with the requirements of Chapter 230-19.7.

(12)

(13)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-12. - C-1 Community (Neighborhood) Commercial District.

In a C-1 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The C-1 District will provide for limited commercial and professional services activities that can be compatible in a neighborhood setting to provide goods and services to local residents.

Permitted uses. Permitted uses for the C-1 District shall be as follows:

(1)

Single-family detached dwelling.

(2)

Professional Offices.

(3)

Financial institutions, loan companies and banks.

(4)

Personal service establishments.

(5)

Studio for artists, designers, photographers, musicians, sculptors and related uses, including sales.

(6)

Retail food stores, such as bakeries, candy and convenience stores (without gas pumps) and grocery meat markets.

(7)

Restaurants, excluding fast-food service or franchised food service operated restaurants.

(8)

Retail sales and specialty stores.

(9)

Repair and servicing, indoor and off site, of any article for sale which is permitted in this district.

(10)

Public parking lot.

(11)

(12)

Community recreation center, as a nonprofit community service.

(13)

Laundromats.

(14)

Group Home, for the care of disabled or elderly persons.

Conditional uses subject to special requirements. The following uses are permitted subject to receiving a conditional use permit by the City Council as provided in Article IX of this chapter:

(1)

Convenience stores with gas pumps.

(2)

Daycare Centers.

(3)

Undertaker or funeral home.

(4)

Group Home, other than for the care of disabled and elderly persons.

(a)

The lot on which the group home is proposed shall not be located within 500 feet of a lot on which another group home is located.

(b)

(c)

Floor plans and a plot plan shall be submitted with the application.

(d)

(5)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

Area regulations.

(1)

Minimum lot area shall be 10,000 square feet.

(2)

Maximum lot coverage shall be 80%.

(3)

Minimum lot width shall be 80 feet.

(4)

Height of buildings shall not exceed 35 feet.

(5)

Minimum front yard setback shall be 25 feet.

(6)

Side yards shall be at least 12 feet in width.

(7)

Minimum rear yard shall be 25 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

Accessory structures in aggregate shall occupy no more than 30 percent of the required rear and side yard of the lot area and may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter.

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures for residential uses shall be located at least 5 feet from the rear lot line and at least 5 feet from the side lot line and shall not be located less than 5 feet from a principal structure.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-13. - C-2 Central Business District.

In a C-2 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The purpose of the C-2 District is to create an atmosphere that encourages the preservation and revitalization of the Central Business District. Specifically, the regulations are designed to encourage the development and opening of new businesses. This may be accomplished by providing an attractive and convenient shopping center or mall that is organized and developed as an integrated unit. The district regulations also recognize the unique circumstances that are peculiar to the downtown area.

Permitted uses. Permitted uses for the C-2 District shall be as follows:

(1)

Those permitted uses in the C-1 District.

(2)

Taverns and tap rooms.

(3)

Libraries, museums, art galleries and public information centers.

(4)

Churches and other places of worship.

(5)

Fraternal, social service, union or civic organization.

(6)

Publishing, printing and reproduction establishments.

(7)

Indoor storage facilities as an accessory use to any of the permitted uses in this district.

(8)

The outdoor display of merchandise, if done in a reasonable manner and if the display is kept neat and orderly as determined by the Planning Director or designee. Furthermore, the outdoor display may not interfere with the safe and efficient flow of pedestrian traffic.

(9)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

Such establishment offers the public, on a regular and continuing basis, various activities ancillary to its distilling and/or brewing process, including by way of example: tours of the premises, educational classes, demonstrations, tasting rooms, and retail sales areas limited to the sale of beer, mead, cider, or spirits brewed or distilled on the premises for consumption off-premises and other retail items.

(d)

On-site consumption or tasting associated with a craft distillery or microbrewery establishment shall be permitted. Any area associated with on-site consumption or tasting shall not operate as a stand-alone bar or tavern, shall be located on the premises of the craft distillery or microbrewery establishment, and shall be ancillary to the primary use. "Ancillary" for purposes of this section means subordinate, auxiliary, smaller and less intensive than the primary use. On-site consumption or tasting of alcohol shall be limited to those products brewed or distilled on the premises, except as otherwise permitted by Delaware Law.

(e)

All food sales shall be limited to prepackaged snack items or those food items prepared by a food establishment licensed by the State of Delaware. If a craft distillery or microbrewery intends to operate on its premises a food establishment that is otherwise a permitted use in this district (i.e. restaurant, café, or full-service restaurant), the City may require the property owner to provide the City with a letter of no objection from the Delaware Alcoholic Beverage Control Commissioner regarding the operation of a food establishment on the premises of a craft distillery or microbrewery.

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

[1]

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

[2]

Outdoor seating and gathering areas and ancillary improvements shall include physical barriers from public rights-of-way and physical and visual barriers from adjoining properties. Physical barriers along public rights-of-way shall restrict access from the public rights-of-way to the outdoor seating and gathering areas and shall not exceed four feet in height. Barriers along adjoining property lines shall create a physical and visual barrier consisting of fencing six feet in height or vegetation at least six feet in height. The regulations herein shall be in addition to any regulations imposed by the State of Delaware.

[3]

Maximum occupancy and points of ingress/egress shall be clearly marked. Occupancy of outdoor seating and gathering areas shall not exceed one person per 15 square feet of the outdoor seating and gathering areas identified in the building plans or any other occupancy limit established by the Office of the State Fire Marshall.

[4]

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

[5]

The occupancy of outdoor seating and gathering areas shall be included when calculating the building requirements and minimum parking standards required by the City of Milford and State of Delaware. Outdoor seating and gathering areas shall meet all requirements of the City of Milford and the State of Delaware.

[6]

Tables, chairs, umbrellas, equipment, games, and any other items provided in connection with outdoor seating and gathering areas shall be maintained in good repair and shall be secured during non-business hours in a safe and orderly manner.

[7]

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(10)

Commercial indoor recreation activities, including amusement arcades, indoor theaters, social clubs, youth clubs or similar facilities.

(11)

All dwellings other than single-family with a maximum density of 16 units per acre and in conjunction with nonresidential use.

(12)

Bed and Breakfast.

(a)

The bed-and-breakfast establishment does not adversely affect the residential character of the neighborhood and such use is carried on in an existing residential structure.

(b)

The building proposed for use as a bed-and-breakfast must have the owner of the bed-and-breakfast residing in the building as his/her principal residence.

(c)

The serving of meals shall be limited to breakfast and afternoon tea for overnight guests and customers.

(d)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(e)

No exterior alterations other than a sign and those required by law to ensure the safety of the structure shall be made.

(f)

(g)

No areas shall be floodlit. Drives and parking areas shall not be illuminated by lighting fixtures higher than 20 feet. Sidewalks shall not be illuminated by lighting fixtures higher than 15 feet. Exterior lighting shall be shaded as to prevent illumination off-site. All external lighting, except for demonstrated security needs, shall be extinguished by 10:00 p.m.

Conditional uses subject to special requirements. All uses specified as conditional uses in the C-1 zoning district and the following uses are permitted subject to receiving a conditional use permit by the City Council as provided in Article IX of this chapter:

(1)

Motels and hotels.

(2)

Instructional, business or trade stores.

(3)

Fast-food or franchised food service operated restaurants.

Area regulations.

(1)

Minimum lot area shall be 2,500 square feet.

(2)

Minimum lot width shall be 50 feet.

(3)

Height of buildings shall not exceed 35 feet.

(4)

There shall be no required front, rear or side yard setback.

(5)

Signs shall comply with the requirements provided in Article VI of this chapter.

(6)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(7)

Parking shall comply with the requirements provided in Article IV of this chapter.

(8)

(9)

Accessory structures shall be located in the side and rear lot areas.

(10)

Accessory structures for residential and non-residential uses shall be located at least 5 feet from the rear lot line and at least 5 feet from the side lot line and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-13.1. - C-2A Riverfront Development District.

In a C-2A District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The purpose of the Riverfront Development District is to create an atmosphere that encourages mixed use residential and commercial development along riverfront properties in the downtown area. The district shall preserve the character of the adjacent central business district and historic areas while providing an attractive and convenient combination of shopping and living units. The district shall be limited to those properties adjacent to the Mispillion River and shall be prohibited along North and South Walnut Street, Northwest Front Street and shall not be allowed within any of the historic districts.

Permitted uses. In a C2-A district, land, buildings or premises shall be used by right for one or more of the following:

(1)

Those uses permitted in the C-1 District.

(2)

Libraries, museums, art galleries and public information centers.

(3)

Fraternal, social service, union or civic organization.

(4)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

(d)

(e)

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

[1]

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

[2]

[3]

[4]

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

[5]

[6]

[7]

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(5)

Commercial indoor recreation activities, including amusement arcades, indoor theaters, social clubs, youth clubs or similar facilities.

(6)

Multifamily residential when part of a mixed-use development, with commercial uses in the same building and/or on the same site.

(7)

Bed and Breakfast.

(a)

The bed-and-breakfast establishment does not adversely affect the residential character of the neighborhood and such use is carried on in an existing residential structure.

(b)

The building proposed for use as a bed-and-breakfast must have the owner of the bed-and-breakfast residing in the building as his/her principal residence.

(c)

The serving of meals shall be limited to breakfast and afternoon tea for overnight guests and customers.

(d)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(e)

No exterior alterations other than a sign and those required by law to ensure the safety of the structure shall be made.

(f)

(g)

(1)

Fast-food or franchised food service operated restaurants.

Area regulations.

(1)

Maximum number of units per acre shall be 16.

(2)

Minimum lot area shall be 5,000 square feet.

(3)

Minimum lot width shall be 50 feet.

(4)

Maximum lot coverage shall be 60%

(5)

Minimum front yard setback shall be 15 feet minimum

(6)

Side yard setback shall be 14 feet aggregate total with a minimum of 6 feet.

(7)

Minimum rear yard setback shall be 20 feet.

(8)

Height of buildings shall not exceed 50 feet.

(9)

Minimum separation distance between dwelling structures on the same lot shall not be less than 15 feet.

(10)

Parking shall comply with the requirements provided in Article IV of this chapter.

(11)

Signs shall comply with the requirements provided in Article VI of this chapter.

(12)

For mixed use residential and commercial projects, off-street parking, parking beneath buildings, front, side and rear setbacks, landscaping and buffering, lot coverage, number of units per building and building separation shall be as determined by the Planning Commission.

(13)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(14)

(15)

Accessory structures shall be located in the side and rear lot areas.

(16)

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-14. - C-3 Highway Commercial District.

In a C-3 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The purpose of the C-3 District is to provide for larger-scale commercial uses that may require large amounts of parking space or have a high traffic impact. These uses generally require locations on major arterial routes and serve both local and regional customers.

Permitted uses. Permitted uses for the C-3 District shall be as follows:

(1)

Those permitted uses in the C-2 District.

(2)

Warehouses.

(3)

Large retail outlets.

(4)

Indoor storage accessory building.

(5)

Fast-food restaurants and drive-in restaurants.

(6)

Supermarkets.

(7)

Truck and trailer rentals.

(8)

Roadside produce market.

(9)

Outdoor commercial recreational facilities, not motorized vehicles.

(10)

Swimming club.

(11)

Indoor facility for amusement or assembly.

(12)

Bus station.

(13)

Motels or hotels.

(14)

Commercial greenhouse.

(15)

Wholesale establishment.

(16)

Contractors', craftsmen's or general service shops, including welding and similar shops.

(17)

Laboratory, testing and research.

(18)

Car wash.

(19)

Registered Compassion Center Dispensary.

Conditional uses subject to special requirements. All uses specified as conditional uses in the C-2 zoning district and the following uses are permitted subject to receiving a conditional use permit by the City Council as provided in Article IX of this chapter:

(1)

Automotive sales.

(2)

Automotive repair, subject to the following special requirements:

(a)

All facilities shall be located and all services shall be conducted on the lot.

(b)

All repair work shall be conducted within an entirely enclosed building.

(c)

No equipment for the service of gasoline or oil shall be placed closer to any street or property line than 20 feet.

(d)

No portion of such structure or its equipment shall be located within 500 feet of the premises of any school, hospital, church or public recreation building.

(e)

No service station shall be located within 800 feet of another service station on the same side of the street within the same block.

(f)

Any such use shall be permitted only where it is determined that it will not materially interfere with the main pedestrian movement in conjunction with a compact retail area.

(3)

Shopping center, subject to the following site requirements:

(a)

Traffic and parking.

[1]

The minimum distance between accessways and a residential district shall be 50 feet.

[2]

Spacing of accessway.

[a]

From adjoining property: 50 feet.

[b]

From minor intersections: 50 feet.

[c]

From major intersections: 100 to 150 feet.

(b)

Setback.

[1]

From nonresidential districts: 15 feet.

[2]

From residential districts: 100 feet.

(4)

All uses permitted in the R-3 Zoning District subject to its area regulations.

(5)

Business, commercial or industrial uses that do not adversely affect neighboring properties.

(6)

Aquarium.

(7)

Community energy generating facility.

(a)

The footprint of the solar array, as defined as the by the outer limit of the panels and exclusive of buffers shall be no larger than 50 acres in size.

(b)

No more than one Community Solar Energy Facility (SEF) shall be permitted on a parcel. All separate parcels in existence on June 1, 2023, shall be considered original parcels. Future subdivision of an original parcel shall not enable the development of additional Community Solar Energy Facilities.

(c)

Facility location and siting shall be in accordance with the requirements of Title 26 Public Utilities of the Delaware Administrative Code, 3001 (Rules for Certification and Regulation of Electric Suppliers) as amended.

(d)

Setbacks for the Facility shall be:

[1]

Front setback shall be 75 feet.

[2]

Side setback shall be 50 feet.

[3]

Rear setback shall be 50 feet.

[4]

Distance from any off-site dwelling unit shall be 100 feet.

[5]

Distance from any State recognized Scenic Byway shall be 150 feet.

[6]

Distance from any wetlands shall be 100 feet.

(e)

The site area shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[1]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[2]

A minimum of two rows shall be installed and trees shall be planted in staggered rows. Plantings shall be placed at maximum 20 feet apart within the same row and 10 feet apart from the adjacent, staggered row.

[3]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[4]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[5]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

(f)

The required buffer may be counted toward planting requirements included in this Chapter.

(g)

If topsoil is removed for improvements, it shall remain on the site.

(h)

Noninvasive, perennial vegetative ground cover must be maintained or established in all areas containing solar arrays and in required setbacks to prevent erosion and manage run-off. A seed mix will be used to promote the growth of a ground cover that is favorable to future use of the land by animals. The height of the vegetation growth shall be maintained as to reduce the possibility of the airborne spreading of weeds and seeds transmitted to other adjacent lands.

(i)

A soils study establishing the presence of any contaminants shall be completed prior to construction and every five years thereafter. Surface Soil samples shall be collected from the first six inches of soil. One composite sample shall be collected every 5 acres of SEF footprint. The composite sample should be a maximum of 10 aliquots collected from evenly spaced locations throughout the 5-acre footprint. A baseline sample shall be collected prior to the start of the SEF construction. The composite sample should be analyzed for the primary component of the installed solar panel via the prevailing EPA method for Inorganic Compounds. A letter report of findings shall be submitted within 45 days from receipt of the laboratory results to the City and shall include a summary table showing current and past results and the original certified laboratory results. A sketch showing the sample locations should be provided with the letter report. The full report shall be kept on file by the applicant and available for review by the City. If contaminate levels appear to exceed the baseline, the City will forward the report to DNREC to determine appropriate mitigation measures. If the 5 year and 10 year tests do not show material increase in the metal constituents tested, then testing interval may be extended to every 10 years.

(j)

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(k)

Abandonment. A Community Energy Generating Facility that does not produce energy for a continuous period of one year or more shall be presumed to have been abandoned. The Applicant may request a Good Cause Exemption that may not be unreasonably withheld so long as all Real Estate and Personal Property Taxes are in Good Standing. Any Facility that has been abandoned without attaining a Good Cause Exemption must be decommissioned and removed within 180 days. Decommissioning must consist of:

[1]

Physical removal of all solar photovoltaic facilities, structures, equipment, security barriers and transmission lines from the site.

[2]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[3]

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Director is authorized to allow the owner or operator to leave landscaping or designated below-grade foundations in place in order to minimize erosion and disruption to vegetation and/or agriculture.

(l)

Decommissioning plan.

[1]

A decommissioning plan outlining the anticipated means and costs of removing the solar facility must be submitted, with the application.

[2]

The decommissioning plan should ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The plan must include provisions for the removal of all structures and foundations, the removal of all electrical transmission components and the restoration of soil and vegetation.

[3]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

(m)

Financial Assurance. The operator or property owner shall provide a bond, surety, letter of credit, or other financial assurance in a form and amount acceptable to the Department to secure payment of 100% of the anticipated cost of removal of all associated site improvements and restoration of the site to its pre-development condition. The financial assurance shall remain in full force and effect as long as the solar Facility remains in place. The financial assurance shall be reviewed and renewed every five years to ensure the amount reflects the current market.

(8)

Energy system utility scale solar & wind.

(a)

The following are conditions specific to Solar Facilities:

[1]

Setbacks for a Solar facility shall be:

[a]

Front setback shall be 100 feet.

[b]

Side setback shall be 75 feet.

[c]

Rear setback shall be 75 feet.

[d]

Distance from any off-site dwelling unit shall be 100 feet.

[e]

Distance from any State recognized Scenic Byway shall be 150 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

The required setback shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[a]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[b]

[c]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[d]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[e]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

[3]

[4]

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(b)

The following are conditions specific to Wind Facilities:

[1]

Setbacks for a Wind Facility shall be:

[a]

Front setback shall be 800 feet.

[b]

Side setback shall be 800 feet.

[c]

Rear setback shall be 800 feet.

[d]

Distance from any off-site dwelling unit shall be 1,000 feet.

[e]

Distance from any State recognized Scenic Byway shall be 800 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single poles.

[3]

The facility shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

[4]

All access roads shall be gated and locked.

[5]

All power transmission lines from the tower to any other building or other structure shall be located underground to the maximum extent practical.

[6]

No tower shall be lit except to comply with Federal Aviation Administration requirements. Minimum-security lighting for ground level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low-glare fixtures, and directing lights at the ground.

[7]

All structures in a project shall be finished in a single, non-reflective, matte color or a camouflage scheme.

[8]

Signs.

[a]

No advertising signs are allowed on any part of the WECS, including fencing and support structures.

[b]

No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

[c]

Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of the fence around each tower or group of towers and any building (or on the tower or building if there is no fence) containing emergency contact information, 911 address, including a local telephone number with 24-hour, 7-days-a-week coverage. The City may require additional signs based on safety needs.

[9]

Noise level shall not exceed 50 dBA, including constructive interference at existing off-site residences, businesses, and public buildings.

(c)

The following are conditions required for all Utility Solar and Wind Energy Facilities

[1]

Required buffers may be counted toward planting requirements included in this Chapter.

[2]

If topsoil is removed for improvements, it shall remain on the site.

[3]

[4]

Abandonment. A Utility Solar or Wind Facility that does not produce energy for a continuous period of one year or more shall be presumed to have been abandoned. The Applicant may request a Good Cause Exemption that may not be unreasonably withheld so long as all Real Estate and Personal Property Taxes are in Good Standing. Any Utility Solar Facility that has been abandoned without attaining a Good Cause Exemption must be decommissioned and removed within 180 days. Decommissioning must consist of:

[a]

Physical removal of all solar photovoltaic facilities, wind turbines, structures, equipment, security barriers and transmission lines from the site.

[b]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[c]

[5]

Decommissioning plan.

[a]

A decommissioning plan outlining the anticipated means and costs of removing the facility must be submitted, with the application.

[b]

[c]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

[6]

Financial Assurance. Prior to final plan approval, the operator or property owner shall provide a bond, surety, letter of credit, or other financial assurance in a form and amount acceptable to the Department to secure payment of 100% of the anticipated cost of removal of all associated site improvements and restoration of the site to its pre-development condition. The financial assurance shall remain in full force and effect as long as the facility remains in place. The financial assurance shall be reviewed and renewed every five years to ensure the amount reflects the current market.

(9)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

Area regulations.

(1)

Minimum lot area shall be one acre.

(2)

Maximum lot coverage shall be 80%.

(3)

Minimum lot width shall be as follows: for an interior lot 150 feet and for a corner lot 170 feet.

(4)

Height of buildings shall not exceed 35 feet, with the following exception: a motel, hotel, or aquarium may be erected to a height not exceeding 60 feet.

(5)

Minimum front yard setback shall be 30 feet.

(6)

Side yards shall be provided as follows: each lot shall have two side yards a minimum of 20 feet with a minimum aggregate width of two side yards of 50 feet.

(7)

Minimum rear yard shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures for residential uses shall be located at least 5 feet from the rear lot line and at least 5 feet from the side lot line and shall not be located less than 10 feet from a principal structure.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023; Ord. No. 2024-11, § 2, 1-13-2025)

§ 230-15. - H-1 Institutional Development District.

In an H-1 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The intent of the H-1 Institutional Development District is to encourage the development of institutional uses in accordance with an approved plan of development. This district is to provide suitable areas and adequate safeguards for such uses to serve the City of Milford and the surrounding region. As of July 1, 2023, no new properties shall be zoned H-1 Institutional Development District.

Permitted uses. Permitted used for the H-1 District shall be as follows:

(1)

Medical and surgical hospitals.

(2)

Medical and dental centers, excluding drug abuse centers and freestanding detoxification centers.

(3)

Medical arts offices and buildings.

(4)

Accessory uses incidental to the permitted uses.

(5)

(6)

Nursing homes.

Conditional uses subject to special regulations. There are no listed conditional uses within this zoning district.

Area regulations.

(1)

Minimum lot area shall be one acre.

(2)

Maximum lot coverage shall be 80%.

(3)

Minimum lot width shall be 150 feet.

(4)

Height of buildings shall not exceed 50 feet.

(5)

Minimum front yard setback shall be as follows:

(a)

Thirty feet for the first 15 feet of height.

(b)

An additional 10 feet for the second 15 feet of height.

(c)

Twenty feet for each additional 15 feet of height.

(6)

Each side yard shall equal 20 feet for each 15 feet of height.

(7)

A rear yard shall be provided to equal 20 feet for each 15 feet of height.

(8)

Signs shall comply with the requirements provided in Article VI of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Parking shall comply with the requirements provided in Article IV of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-16. - I-1 Limited Industrial District.

In an I-1 District no building/structure or premises shall be used and no building/structure or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except for one or more of the following uses and complying with the requirements herein indicated.

The purpose of an I-1 Limited Industrial District shall be to provide locations for the development of light to moderate industrial manufacturing, warehousing, wholesale and limited research establishments which, because of their type and nature, would be compatible with or adjacent to residential areas. Also, the purpose is to provide guidelines and performance standards which will control and confine any offensive features (i.e., noise, vibration, heat, smoke, glare, dust, objectionable odors, toxic wastes or unsightly storage) to the confines of the premises and within enclosed buildings or within a visually enclosed space.

Permitted uses. Permitted uses of the I-1 District shall be as follows:

(1)

All permitted uses of the OC-1 District and BP District.

(2)

Light manufacturing, assembling, converting, altering, finishing, baking, cooking or any other type of processing or storage of an industrial nature for the production and/or distribution of any goods, materials, products, instruments, appliances and devices, provided that the fuel or power supply shall be of an approved type. Also included shall be all incidental clinics, offices, cafeterias and recreational facilities for the exclusive use of in-house staff and employees. Accessory retail storefront/gift shop is permitted for products that are manufactured on site. The area for this use must be incidental and subordinate to the manufacturing use and must meet all commercial building code requirements for the use. (NAICS Reference - 313: Textile Mills; 314: Textile Product Mills; 315: Apparel Manufacturing; 316: Leather and Allied Product Manufacturing (except 3161 {Hazardous}); 323: Printing and Related Support Activities; 326: Plastics and Rubber Products Manufacturing (except tires 32621{Hazardous}); 3271: Clay Product and Refractory Manufacturing; 327991: Cut Stone and Stone Product Manufacturing; 3322: Cutlery and Handtool Manufacturing; 3323: Architectural and Structural Metals Manufacturing; 3324: Boiler, Tank, and Shipping Container Manufacturing; 3325: Hardware Manufacturing; 3326: Spring and Wire Product Manufacturing; 3327: Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing; 3328: Coating, Engraving, Heat Treating, and Allied Activities; 33291: Metal Valve Manufacturing; 332991: Ball and Roller Bearing Manufacturing; 332996: Fabricated Pipe and Pipe Fitting Manufacturing; 332999: All Other Miscellaneous Fabricated Metal Product Manufacturing; 3331: Agriculture, Construction, and Mining Machinery Manufacturing; 3332: Industrial Machinery Manufacturing; 333314: Optical Instrument and Lens Manufacturing; 333316: Photographic and Photocopying Equipment Manufacturing; 3335: Metalworking Machinery Manufacturing; 3336: Engine, Turbine, and Power Transmission Equipment Manufacturing; 3339: Other General Purpose Machinery Manufacturing (except 333913 {Hazardous}); 334: Computer and Electronic Product Manufacturing; 335: Electrical Equipment, Appliance, and Component Manufacturing; 337: Furniture and Related Product Manufacturing; 339: Miscellaneous Manufacturing)

(3)

Wholesale storage, warehousing and distribution centers. 49311: General Warehousing and Storage; 49312: Refrigerated Warehousing and Storage (except for farm products grown on site); 49319: Other Warehousing and Storage)

Conditional uses. All uses specified as conditional uses in the OC-1 and BP zoning districts and the following uses are permitted in the I-1 District, in accordance with the provisions within Article IX of this chapter:

(1)

Mini-warehouses or public storage facilities.

(2)

Radio-television facilities.

(3)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

(d)

(e)

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

[1]

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

[2]

[3]

[4]

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

[5]

[6]

[7]

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(4)

Community energy generating facility.

(a)

The footprint of the solar array, as defined as the by the outer limit of the panels and exclusive of buffers shall be no larger than 50 acres in size.

(b)

(c)

(d)

Setbacks for the Facility shall be:

[1]

Front setback shall be 75 feet.

[2]

Side setback shall be 50 feet.

[3]

Rear setback shall be 50 feet.

[4]

Distance from any off-site dwelling unit shall be 100 feet.

[5]

Distance from any State recognized Scenic Byway shall be 150 feet.

[6]

Distance from any wetlands shall be 100 feet.

(e)

The site area shall be planted to achieve a minimum six (6) foot high four- season visual barrier in accordance with the following guidelines:

[1]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[2]

[3]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[4]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[5]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

(f)

The required buffer may be counted toward planting requirements included in this Chapter.

(g)

If topsoil is removed for improvements, it shall remain on the site.

(h)

(i)

(j)

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(k)

[1]

Physical removal of all solar photovoltaic facilities, structures, equipment, security barriers and transmission lines from the site.

[2]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[3]

(l)

Decommissioning plan.

[1]

A decommissioning plan outlining the anticipated means and costs of removing the solar facility must be submitted, with the application.

[2]

[3]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

(m)

(5)

Energy system utility scale solar & wind.

(a)

The following are conditions specific to Solar Facilities:

[1]

Setbacks for a Solar facility shall be:

[a]

Front setback shall be 100 feet.

[b]

Side setback shall be 75 feet.

[c]

Rear setback shall be 75 feet.

[d]

Distance from any off-site dwelling unit shall be 100 feet.

[e]

Distance from any State recognized Scenic Byway shall be 150 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

The required setback shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[a]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[b]

[c]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[d]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[e]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

[3]

[4]

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(b)

The following are conditions specific to Wind Facilities:

[1]

Setbacks for a Wind Facility shall be:

[a]

Front setback shall be 800 feet.

[b]

Side setback shall be 800 feet.

[c]

Rear setback shall be 800 feet.

[d]

Distance from any off-site dwelling unit shall be 1,000 feet.

[e]

Distance from any State recognized Scenic Byway shall be 800 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single poles.

[3]

The facility shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

[4]

All access roads shall be gated and locked.

[5]

All power transmission lines from the tower to any other building or other structure shall be located underground to the maximum extent practical.

[6]

[7]

All structures in a project shall be finished in a single, non-reflective, matte color or a camouflage scheme.

[8]

Signs.

[a]

No advertising signs are allowed on any part of the WECS, including fencing and support structures.

[b]

No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

[c]

[9]

Noise level shall not exceed 50 dBA, including constructive interference at existing off-site residences, businesses, and public buildings.

(c)

The following are conditions required for all Utility Solar and Wind Energy Facilities

[1]

Required buffers may be counted toward planting requirements included in this Chapter.

[2]

If topsoil is removed for improvements, it shall remain on the site.

[3]

[4]

[a]

Physical removal of all solar photovoltaic facilities, wind turbines, structures, equipment, security barriers and transmission lines from the site.

[b]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[c]

[5]

Decommissioning plan.

[a]

A decommissioning plan outlining the anticipated means and costs of removing the facility must be submitted, with the application.

[b]

[c]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

[6]

Design standards and requirements. These are minimum requirements for all activities that are permitted or conditional uses. Conditional use activities are subject to much greater restrictions as may be required by the City Council.

(1)

All uses shall be conducted within a completely enclosed building. There shall be no open storage of raw, in process or finished products, supplies or waste material, except that these items shall be shielded from public view by a landscaped screen, fence or wall.

(2)

In a planned industrial park or any lands designated as an I-1 District, no building/structure, accessory structure or sign shall be located closer than 200 feet to any nonindustrial district boundary.

(3)

All front yard areas and all areas open to public view shall be maintained in a neat and attractive condition.

(4)

All loading operations shall be conducted at the side or rear of the building. In the unloading or loading process, no vehicles participating in these operations shall be allowed to extend into any public or private driveway or street or impede its traffic circulation.

(5)

All odorous fumes or matter emitted into the environment from any/all fuel-burning equipment, open stacks and internal combustion engines must comply with the requirements set forth by the State of Delaware, Department of Natural Resources and Environmental Control (DNREC).

(6)

Dust or particulate debris from any processing or production operations will be minimized by the use of appropriate mechanical and/or electrical devices to the extent necessary to ensure that such emissions shall not be offensive at or beyond the property line of the industry/warehouse. All such activities will comply with the requirements of the DNREC, State of Delaware.

(7)

All dry waste, in dust or particulate form, will be transported in closed or covered vehicles.

(8)

The proposed use shall not endanger the surrounding areas to the possibilities of fire, explosion or contamination. All uses shall comply with state regulations which govern their operations. There shall be no allowance for the storage of radioactive materials or those materials deemed to be toxic or dangerous. All liquid storage shall have an approved containment (area) barricade capable of containing any failure of storage medium.

(9)

The proposed use shall not allow the emission of heat or glare beyond its property line. All lighting shall be directed so as not to cause glare to the surrounding properties. The light source shall be shielded so as not to be visible from adjoining properties or streets.

Area regulations.

(1)

Minimum lot area shall be two acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

Maximum building height shall be 50 feet.

(5)

Minimum front yard setback shall be 75 feet.

(6)

Minimum side yard setback shall be 40 feet.

(7)

Minimum rear yard setback shall be 45 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

Accessory structures in aggregate shall occupy no more than 10 percent of the required rear and side yard of the lot and may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter.

(12)

Accessory structures shall be located in the rear yard/lot area.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-17. - I-2 General Industrial District.

In an I-2 District no building/structure or premises shall be used and no building/structure or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except for one or more of the following uses and complying with the requirements herein indicated.

The purpose of the I-2 General Industrial District shall be to provide locations for the development of large or heavy manufacturing, warehousing, wholesale and research establishments, which may include those that may produce some objectionable conditions, and also to concentrate the more intensive industrial uses in areas that would least impact neighboring zoning districts or uses.

Permitted uses. Permitted uses for the I-2 District shall be as follows:

(1)

All permitted uses in the I-1 District.

(2)

Heavy manufacturing, assembling, converting, altering, finishing, cleaning or any other processing, handling or storage of products or materials, provided that the fuel or power supply shall be of an approved type. Also included shall be all incidental clinics, offices, cafeterias and recreational facilities for the exclusive use of in-house staff and employees. Accessory retail storefront/gift shop is permitted for products that are manufactured on site. The area for this use must be subordinate to the manufacturing use and must meet all commercial building code requirements for the use. (NAICS Reference - 3113: Sugar and Confectionery Product Manufacturing; 3114: Fruit and Vegetable Preserving and Specialty Food Manufacturing; 3115: Dairy Product Manufacturing; 3117: Seafood Product Preparation and Packaging; 3118: Bakeries and Tortilla Manufacturing; 3119: Other Food Manufacturing; 3122: Tobacco Manufacturing; 321: Wood Product Manufacturing (except sawmills which are classified elsewhere); 327215: Glass Product Manufacturing Made of Purchased Glass; 482: Rail Transportation; 4882: Support Activities for Rail Transportation; 483: Water Transportation; 4883: Support Activities for Water Transportation).

(3)

Research, design and development laboratories.

(4)

Large public utility facilities, or major uses thereof.

Conditional uses. All uses specified as conditional uses in the I-1 zoning district and the following uses are permitted in the I-2 District in accordance with the provisions within Article IX (conditional use portion) of this chapter:

(1)

Tractor-trailer storage and parking facilities.

(2)

Farm machinery and truck manufacture, sales, storage and repairs.

(3)

Fertilizer storage and distribution centers.

(4)

Heating, ventilating, cooling and refrigeration manufacturing.

(5)

Trash compaction: transfer station and solid waste management system, not to include hazardous waste.

(6)

Recycling or collection facilities for paper, glass, plastics and metal.

(7)

Grain storage and processing.

(8)

Meat processing, chicken processing and seafood processing.

(9)

Aluminum recycling and smelting (small scale).

(10)

Food and vegetable cleaning, canning and freezing.

(1)

All uses shall be conducted within a completely enclosed building. There shall be no open storage of raw, in process or finished products, supplies or waste material, except in areas approved by the Planning Commission during the site plan review hearing.

(2)

In a planned industrially zoned I-2 District, no building/structure, accessory structure or sign shall be located closer than 250 feet to any existing nonindustrial district boundary.

(3)

Fencing is required in any and all areas which would pose a threat to public safety and the security of the facility.

(4)

All front yard areas shall be maintained in a neat and attractive condition. All side and rear yard areas shall be kept uncluttered and free from any conditions that would constitute a safety hazard for employees or anyone visiting the site.

(5)

(6)

All odorous fumes or matter emitted into the environment from any/all fuel-burning equipment, open stacks or chimneys and internal combustion engines must comply with the requirements set forth by the DNREC, State of Delaware.

(7)

(8)

All dry waste, in dust or particulate form, will be transported in closed or covered vehicles.

(9)

The proposed use shall not endanger the surrounding facilities or communities to the possibility of fire or explosion. All uses shall comply with state regulations which control or govern their operation. There shall be no allowances for the storage of radioactive materials or those materials deemed to be toxic or dangerous.

(10)

Area regulations.

(1)

Minimum lot area shall be 2½ acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

Maximum building height shall be 50 feet.

(5)

Minimum front yard setback shall be 75 feet.

(6)

Minimum side yard setback shall be 50 feet.

(7)

Minimum rear yard setback shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

Accessory structures in aggregate shall occupy no more than 10% of the required rear and side yard of the lot and may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter.

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-18. - OC-1 Office Complex District.

In an OC-1 District no building/structure or premises shall be used and no building/structure or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except for one or more of the following uses and complying with the requirements herein indicated.

The purpose of an OC-1 Office Complex District shall be to provide locations for the development of general and professional offices and office parks in areas of high accessibility and visibility. Also, this district will facilitate the expansion of the City's service industries in attractive environments.

Permitted uses. Permitted uses for the OC-1 District shall be as follows:

(1)

Offices for banking institutions, technical centers, research/data centers, emergency service centers (i.e., police, fire and rescue), corporate offices and other general professional offices.

(2)

Television and radio studios (without towers).

(3)

Professional schools (nonindustrial).

(4)

Health centers and clinics (medical or dental).

(5)

Charitable and philanthropic organizations.

(6)

Day-care centers.

(7)

Indoor or outdoor recreation.

(8)

Private clubs or organizations.

(9)

Medical/dental laboratories.

Conditional uses. The following uses are permitted in the OC-1 District in accordance with the provisions within Article IX (conditional uses portion) of this chapter:

(1)

Civic and/or conference centers.

(2)

Nursing homes.

Area regulations.

(1)

Minimum lot area shall be one acre.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 100 feet.

(4)

Maximum building height shall be 70 feet.

(5)

Minimum front yard setback shall be 50 feet.

(6)

Minimum side yard setback shall be at least 15 feet, with a total combined aggregate dimension of 40 feet.

(7)

Minimum rear yard setback shall be 25 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

Accessory structures in aggregate shall occupy no more than 10% of the required rear and side yard of the lot area and may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter.

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19. - OB-1 Office Building District.

In an OB-1 District no building/structure or premises shall be used and no building/structure or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except for one or more of the following uses and complying with the requirements herein indicated.

The purpose of the OB-1 Office Building District shall be to provide locations for the operation of professional offices of a low-profile, low-traffic category in areas of a residential nature where existing nonresidential buildings/structures are present. In short, this district will provide such locations that will not detract from the surrounding residential atmosphere of the neighborhood but allow viable businesses to operate in existing buildings/structures.

Permitted uses. Permitted uses for the OB-1 District shall be as follows:

(1)

Professional services and administrative activities, including but not limited to architects, engineers, brokers, insurance agents, realtors, physicians, dentists, artists and attorneys, within a single occupancy setting.

(2)

Branch libraries and public information centers.

(3)

Government offices serving the public.

Conditional uses. Conditional uses shall be as follows:

(1)

Day-care centers.

(2)

Civic or fraternal organizations.

Area regulations

(1)

Minimum lot area.

(a)

Existing buildings/structures on site: none.

(b)

New construction (conditional use): ½ acre.

(2)

Maximum lot coverage (building/structure and paved area) shall be no greater than 50%, with the remainder being utilized for plantings and landscaping (new construction, with conditional use). Existing facilities shall not decrease any existing planted or landscaped areas on the site without obtaining a variance for said decrease from the Board of Adjustment.

(3)

Minimum lot width.

(a)

New construction, with conditional use: 100 feet.

(b)

Existing facilities: existing dimension accepted.

(4)

Maximum building/structure heights shall not exceed the requirements set forth within this chapter for the residential zoning district in which the building/structure exists.

(5)

Minimum front yard setback (new construction, with conditional use): 30 feet. Existing facilities shall not be allowed to encroach further into the front yard area(s) if the setback is less than 30 feet.

(6)

Minimum side yard setback (new construction, with conditional use): 15 feet. Existing facilities shall not be allowed to encroach further into the side yard area(s) if the setback is less than 15 feet.

(7)

Minimum rear yard setback (new construction, with conditional use): 30 feet. Existing facilities shall not be allowed to encroach further into the rear yard area if the setback is less than 30 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall be located at least 5 feet from the rear lot line and at least 5 feet from the side lot line and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.1. - BP Business Park District.

In a BP District, no building/structure or premises shall be used and no building/structure or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except for one or more of the following uses and complying with the requirements indicated:

The purpose of a Business Park District shall be to provide locations for the development of light to moderate industrial manufacturing, warehousing, wholesale and limited research establishments which, because of their type and nature, would be compatible with or adjacent to residential areas while still providing attractive landscaping, on-site recreation and a better working environment. The emphasis will be on employment rather than warehouse space. Also, the purpose is to provide guidelines and performance standards, which will control and confine any offensive features (i.e., noise, vibration, heat, smoke, glare, dust, objectionable odors, toxic wastes or unsightly storage) to the confines of the premises and within enclosed buildings or within a visually enclosed space.

Permitted uses. Permitted uses of the BP District shall be as follows:

(1)

Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or any other type of manufacturing or industrial processing of any goods, materials, products, instruments, appliances and devices, provided that the fuel or power supply shall be of an approved type. Also included shall be all incidental clinics, offices and cafeterias for the exclusive use of in-house staff and employees. Accessory retail storefront/gift shop is permitted for products that are manufactured on site. The area for this use must be incidental and subordinate to the manufacturing use and must meet all commercial building code requirements for the use. (NAICS Reference - 313: Textile Mills; 314: Textile Product Mills; 315: Apparel Manufacturing; 316: Leather and Allied Product Manufacturing (except 3161 {Hazardous}); 323: Printing and Related Support Activities; 326: Plastics and Rubber Products Manufacturing (except tires 32621{Hazardous}); 3271: Clay Product and Refractory Manufacturing; 327991: Cut Stone and Stone Product Manufacturing; 3322: Cutlery and Handtool Manufacturing; 3323: Architectural and Structural Metals Manufacturing; 3324: Boiler, Tank, and Shipping Container Manufacturing; 3325: Hardware Manufacturing; 3326: Spring and Wire Product Manufacturing; 3327: Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing; 3328: Coating, Engraving, Heat Treating, and Allied Activities; 33291: Metal Valve Manufacturing; 332991: Ball and Roller Bearing Manufacturing; 332996: Fabricated Pipe and Pipe Fitting Manufacturing; 332999: All Other Miscellaneous Fabricated Metal Product Manufacturing; 3331: Agriculture, Construction, and Mining Machinery Manufacturing; 3332: Industrial Machinery Manufacturing; 333314: Optical Instrument and Lens Manufacturing; 333316: Photographic and Photocopying Equipment Manufacturing; 3335: Metalworking Machinery Manufacturing; 3336: Engine, Turbine, and Power Transmission Equipment Manufacturing; 3339: Other General Purpose Machinery Manufacturing (except 333913 {Hazardous}); 334: Computer and Electronic Product Manufacturing; 335: Electrical Equipment, Appliance, and Component Manufacturing; 337: Furniture and Related Product Manufacturing; 339: Miscellaneous Manufacturing)

(2)

Research, design, testing and development laboratories.

(3)

Printing, publishing, binding, packaging, storage, warehousing, distribution and trucking terminal operations and trucking schools.

(4)

Business, professional or administrative offices.

(5)

Municipal and public services and facilities, such as utility supply areas (i.e., water, sewer and electric), distribution facilities and substations.

(6)

Truck or large vehicle repair facilities with associated parking area. All fuel and lubricant storage shall be installed in compliance with state and federal regulations and shall not be any closer than 500 feet from existing residence, residential district, school or building(s) used for assembly.

(7)

Farm machinery manufacture, sales, storage and repairs.

(8)

Heating, ventilating, cooling and refrigeration manufacturing.

(9)

Building contractor yards.

(10)

Veterinary clinics.

(11)

Beverage blending, bottling (all types).

(12)

Boat manufacture and repair (vessels less than five tons), boat sales and service.

(13)

Dairy operations and dairy products, ice cream and cheese.

(14)

Fruit and vegetable processing, including canning, preserving, drying and freezing.

(15)

Greenhouses, commercial, wholesale or retail.

(16)

Ice manufacture, including dry ice.

(17)

Sign fabrication and painting shops.

(18)

Wood product manufacture, including baskets, boxes, crates, barrels and veneer.

(19)

Indoor or outdoor recreation.

(20)

Marijuana Cultivation Facility.

(21)

Marijuana Product Manufacturing Facility.

(22)

Registered Safety Compliance Facility.

(23)

Marijuana Testing Facility.

Conditional uses. The following uses are permitted in the BP District in accordance with the provisions within Article IX (conditional use portion) of this chapter:

(1)

Radio-television facilities.

(2)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

(d)

(e)

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

ii.

iii.

iv.

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

vi.

vii.

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(1)

All uses must be conducted within a completely enclosed building. There shall be no open storage of raw, in process or finished products, supplies or waste material, except that these items shall be shielded from public view by a landscaped screen that may include a fence or wall.

(2)

All front yard areas and all areas open to public view shall be maintained in a neat and attractive condition.

(3)

All loading and unloading operations shall be conducted at the side or rear of the building. In the loading and unloading process, no vehicles participating in these operations shall be allowed to extend into any public or private driveway or street or impede its traffic circulation.

(4)

(5)

Dust or particle debris from any processing or production operations will be minimized by the use of appropriate mechanical and/or electrical devices to the extent necessary to ensure that such emissions shall not be offensive at or beyond the property line of the industry/warehouse. All such activities will comply with the requirements set forth by the State of Delaware, Department of Natural Resources and Environmental Control (DNREC).

(6)

(7)

(8)

Walls.

(a)

Exterior front and side walls are subject to site plan approval and must be finished on the exterior with the following:

[1]

Architectural masonry units, excluding concrete block and cinder block.

[2]

Natural stone.

[3]

Precast concrete.

[4]

Steel.

[5]

Aluminum.

[6]

Glass materials or their equivalent.

(b)

Rear walls may be masonry block if the masonry block wall is appropriately painted. Finished building materials shall be applied to all sides of a building which are visible to the general public as well as from adjacent residential property and streets. Colors shall be harmonious and compatible with colors of the natural surroundings and other adjacent buildings. The Planning Commission shall have the sole right to approve or disapprove materials and colors.

(9)

No pipe, conduit, cable or line for water, gas, sewerage, steam, electricity or any other energy or service shall be installed or maintained upon a parcel outside of the building above the surface of the ground. All auxiliary machinery, equipment or facilities used on any parcel outside of any building in connection with such energies or services shall be located upon the parcel in such manner and upon such conditions as may be specifically approved by the Planning Commission and/or City Council during site plan or conditional use review.

Area regulations.

(1)

Minimum area for a business park will be 40 acres.

(2)

Minimum lot area shall be one acre (43,560 square feet).

(3)

Maximum impervious lot coverage shall be 75%.

(4)

Minimum lot width shall be 150 feet.

(5)

Maximum building height shall be 50 feet.

(6)

Minimum front yard setback shall be 30 feet.

(7)

Minimum side yard setback shall be 15 feet. The setback shall be computed from the berm line, not the property line.

(8)

Minimum rear yard shall be 25 feet. The setback shall be computed form the berm line, not the property line.

(9)

Parking shall comply with the requirements provided in Article IV of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Signs shall comply with the requirements provided in Article VI of this chapter.

(12)

(13)

Accessory structures shall be located in the side and rear lot areas.

(14)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023; Ord. No. 2024-11, § 2, 1-13-2025]

§ 230-19.2. - IS Institutional Service District.

Purpose. The purpose of the Institutional Service District is to further the public health, safety and welfare by providing a location for schools, governmental buildings and uses, health-care-related uses, a hospital, and all other health-care facilities with appropriate access to public streets, utilities and municipal services, adequate parking areas, and circulation of traffic. This district is created to serve residents of the City of Milford as well as surrounding areas by allowing the existing educational, governmental, hospital and health-care facilities and corresponding supporting uses and structures to expand, in order to meet the growing demand and needs of the community for these above-mentioned uses. This district has been created to establish reasonable standards for such educational, governmental, health-care facilities and services, as well as uses permitted in the R-8 Zoning District.

Permitted uses.

(1)

Hospital and all other health-care facilities, including any and all support services related thereto.

(2)

Outpatient health-care centers and health-care facilities.

(3)

Professional and medical offices involving the diagnosis, treatment and care of humans, including any and all support services related thereto.

(4)

Medical laboratories utilized for the diagnosis, treatment, and care of humans.

(5)

Pharmacies.

(6)

Heliports.

(7)

Private education institutions and training centers.

(8)

Nursing facilities, convalescent homes, and a continued-care retirement communities.

(9)

Child or adult day-care facilities (including both day-care homes and day-care centers) to accommodate patients, patient families, health-care employers and their employees, and the public.

(10)

Publicly and privately owned utilities, including supporting structures and uses, including but not limited to water, sewer, electric, communications, fiber optics, natural gas, data and computer processing, and similar uses and structures which reflect and incorporate technological advancements.

(11)

Cafeteria facilities snack and gift shops, banking facilities, restaurants and retail or personal service shops primarily for the use of health-care employees, patients and visitors.

(12)

Health-care uses and health-care facilities which reflect and incorporate technological advancements in the health-care industry.

(13)

Ambulance and emergency rescue services.

(14)

Maintenance and laundry facilities.

(15)

Libraries

(16)

Places of worship.

(17)

Parking areas, including parking facilities.

(18)

Publicly owned and/or health-related recreation facilities.

(19)

Rehabilitation facilities.

(20)

Government offices, municipal and public services and facilities, including city hall, water storage towers, water reservoirs, pumping stations, water treatment plants, sewerage pumping stations, sewers (storm and sanitary), street rights-of-way, utility transmission and distribution lines, police and fire stations and substations for electric, gas, and telephone facilities.

(21)

Auditoriums.

(22)

Modular office units.

(23)

Overnight accommodations for patient families and individuals that are receiving treatment at the hospital facility.

(24)

Public and private elementary, junior or senior high schools and colleges.

(25)

Registered Compassion Center Dispensary.

(1)

All residential uses permitted in the R-8 Zoning District subject to its area regulations.

(2)

Any residential housing owned, maintained and operated by a health-care organization for the primary benefit of its patients, patient families, students and/or residents and/or health-care employers and their employees.

(3)

Places of worship.

(4)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

(5)

Community energy generating facility.

(a)

The footprint of the solar array, as defined as the by the outer limit of the panels and exclusive of buffers shall be no larger than 50 acres in size.

(b)

(c)

(d)

Setbacks for the Facility shall be:

[1]

Front setback shall be 75 feet.

[2]

Side setback shall be 50 feet.

[3]

Rear setback shall be 50 feet.

[4]

Distance from any off-site dwelling unit shall be 100 feet.

[5]

Distance from any State recognized Scenic Byway shall be 150 feet.

[6]

Distance from any wetlands shall be 100 feet.

(e)

The site area shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[1]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[2]

[3]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[4]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[5]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

(f)

The required buffer may be counted toward planting requirements included in this Chapter.

(g)

If topsoil is removed for improvements, it shall remain on the site.

(h)

(i)

(j)

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(k)

[1]

Physical removal of all solar photovoltaic facilities, structures, equipment, security barriers and transmission lines from the site.

[2]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[3]

(l)

Decommissioning plan.

[1]

A decommissioning plan outlining the anticipated means and costs of removing the solar facility must be submitted, with the application.

[2]

[3]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

(m)

(6)

Energy system utility scale solar & wind.

(a)

The following are conditions specific to Solar Facilities:

[1]

Setbacks for a Solar facility shall be:

[a]

Front setback shall be 100 feet.

[b]

Side setback shall be 75 feet.

[c]

Rear setback shall be 75 feet.

[d]

Distance from any off-site dwelling unit shall be 100 feet.

[e]

Distance from any State recognized Scenic Byway shall be 150 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

The required setback shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[a]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[b]

[c]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[d]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[e]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

[3]

[4]

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(b)

The following are conditions specific to Wind Facilities:

[1]

Setbacks for a Wind Facility shall be:

[a]

Front setback shall be 800 feet.

[b]

Side setback shall be 800 feet.

[c]

Rear setback shall be 800 feet.

[d]

Distance from any off-site dwelling unit shall be 1,000 feet.

[e]

Distance from any State recognized Scenic Byway shall be 800 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single poles.

[3]

The facility shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

[4]

All access roads shall be gated and locked.

[5]

All power transmission lines from the tower to any other building or other structure shall be located underground to the maximum extent practical.

[6]

[7]

All structures in a project shall be finished in a single, non-reflective, matte color or a camouflage scheme.

[8]

Signs.

[a]

No advertising signs are allowed on any part of the WECS, including fencing and support structures.

[b]

No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

[c]

[9]

Noise level shall not exceed 50 dBA, including constructive interference at existing off-site residences, businesses, and public buildings.

(c)

The following are conditions required for all Utility Solar and Wind Energy Facilities

[1]

Required buffers may be counted toward planting requirements included in this Chapter.

[2]

If topsoil is removed for improvements, it shall remain on the site.

[3]

[4]

[a]

Physical removal of all solar photovoltaic facilities, wind turbines, structures, equipment, security barriers and transmission lines from the site.

[b]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[c]

[5]

Decommissioning plan.

[a]

A decommissioning plan outlining the anticipated means and costs of removing the facility must be submitted, with the application.

[b]

[c]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

[6]

Area regulations.

(1)

The minimum area to request an Institutional Service District shall be 20 acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

Height of buildings, including any hospital structure existing as of the date of enactment of this section, shall not be greater than 140 feet, excluding smokestacks and/or other rooftop ancillary services (such as heating and air conditioning equipment, staircases, fire escapes or walkways, elevator shafts, enclosed mechanical rooms and similar appurtenances).

(5)

Minimum front yard setback shall be 50 feet.

(6)

Side yards shall be a minimum of 50 feet.

(7)

Minimum rear yard setback shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

Accessory structures in aggregate shall occupy no more than 10 percent of the required rear and side yard of the lot area and may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter.

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023; Ord. No. 2024-11, § 2, 1-13-2025]

§ 230-19.3. - IM Institutional Medical District.

Purpose. The Institutional Medical District is intended to achieve the following:

(1)

To encourage a harmonious pattern of institutional development which can mutually benefit the City of Milford and the institutions themselves.

(2)

To encourage the development of institutional medical uses in accordance with approved standards and to promote the planning for the location of future health institutional uses serving a regional population.

Permitted uses.

(1)

Outpatient health-care clinics.

(2)

Professional offices, medical offices, and medical laboratories involving the diagnosis, treatment and care of humans, including any and all support services related thereto.

(3)

Private education institutions and training centers related to health care (but not including other trade schools).

(4)

Nursing facilities and/or convalescent homes.

(5)

Child or adult day-care facilities (including both day-care homes and day-care centers) to accommodate patients, patient families, health-care employers and their employees, and the public.

(6)

Data and computer processing, and similar uses and structures which reflect and incorporate technological advancements.

(7)

Parking areas, including parking facilities.

(8)

Rehabilitation facilities and fitness centers related to health-care fitness and wellness.

(9)

(10)

Public and private elementary, junior or senior high schools and colleges.

(11)

Cafeteria facilities, snack and gift shops, banking facilities, restaurants, retail, personal service shops, and laundry facilities primarily for the use of health-care employees, patients and visitors.

(12)

Pharmacies.

(13)

Hospitals and all other health-care facilities, including any and all support services related thereto.

(1)

All residential uses permitted in the R-8 Zoning District subject to its area regulations.

(2)

Any residential housing owned, maintained and operated by a health-care organization for the primary benefit of its patients, patient families, and/or health-care employers and their employees as well as overnight accommodations for patient families and individuals that are receiving treatment from a hospital or other health-care facility.

(3)

Emergency shelter facility.

(4)

Places of worship.

Area regulations.

(1)

The minimum area to request an Institutional Medical District shall be 20 acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

Height of buildings shall not be greater than 50 feet measured from ground level at the building's main entrance, excluding rooftop ancillary services (such as heating and air conditioning equipment, staircases or walkways, elevator shafts, and similar appurtenances).

(5)

Minimum front yard setback shall be 30 feet

(6)

Side yards shall be a minimum of 20 feet with an aggregate of 50 feet.

(7)

Minimum rear yard setback shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.4. - R-8 Garden Apartment and Townhouse District.

In an R-8 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.

Purpose. The purpose of the R-8 District is to provide for the orderly development of existing and proposed medium- to high-density residential areas where adequate public facilities exist. The district will permit development of garden-type apartments as well as townhouses that will yield high densities in selected areas, multifamily dwellings and a variety of housing types.

Permitted uses. Permitted uses for the R-8 District shall be as follows:

(1)

All uses permitted in an R-2 District

(2)

Single-family semi-detached dwellings.

(3)

Two-family dwellings.

(4)

Townhouses.

(5)

Garden Apartments.

Conditional uses subject to special regulations. The following uses and any conditional use allowed in R-1 District may be permitted with the approval of a conditional use permit by the Milford City Council in accordance with the provisions of Article IX of this chapter and are subject to the area regulations for the R-1 zoning district unless otherwise noted below:

(1)

Rooming or boarding houses.

(2)

Business or professional offices (nonresident); minimum lot size one acre.

(3)

Nursing homes; minimum lot size one acre.

(4)

Manufactured home parks.

(5)

Tiny home village.

Area regulations.

(1)

Single-family and two-family dwellings shall be subject to the following area regulations:

(a)

Minimum lot area shall be 7,500 square feet.

(b)

Maximum building coverage shall be 40%.

(c)

Minimum lot width shall be 60 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

Side yards shall be provided as follows: Each lot shall have at least two side yards eight feet in width.

(f)

Minimum rear yard setback shall be 15 feet. For corner lots, the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(2)

Single-family semi-detached.

(a)

Minimum interior lot area shall be 4,000 square feet and minimum corner lot area shall be 6,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 40 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

Side yards shall be provided as follows: each lot shall have at least one side yard setback per lot eight feet in width.

(f)

Minimum rear yard setback shall be 15 feet. For corner lots, the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(3)

Townhouse.

(a)

Minimum townhouse project size shall be one acre.

(b)

Minimum lot area shall be 2,000 square feet.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 20 feet.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear setback shall be 30 feet.

(g)

Minimum side yard setback shall be 10 feet, aggregate of 30 feet.

(h)

The number of dwelling units per group shall not exceed eight nor be fewer than three.

(i)

The number of dwelling units per acre shall not exceed 8.

(j)

(4)

Garden or low-rise apartments.

(a)

Minimum apartment project size shall be one acre, with a minimum of 2,500 square feet of lot area for each dwelling unit.

(b)

Maximum lot coverage shall be 80%.

(c)

Minimum lot width shall be 50 feet.

(d)

Minimum front yard setback shall be 30 feet.

(e)

Minimum rear yard setback shall be 30 feet.

(f)

Minimum side yard setback shall be 20 feet.

(g)

The maximum number of dwelling units per building shall be 24.

(h)

The number of dwelling units per acre shall not exceed 8.

(i)

Distance between buildings or group of buildings shall be as follows: each building or group of buildings shall be at least 25 feet from any other building or groups of buildings.

(5)

Manufactured Home Parks.

(a)

The total area to be developed as a mobile home park shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 8.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 40 feet.

(e)

Minimum lot area shall be 4,000 square feet.

(f)

Minimum front yard setback shall be 25 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Mobile homes must meet the requirements of the Federal Manufacturer Housing Construction and Safety Standard Act of 1974.

(6)

Tiny Home Village.

(a)

The total area to be developed as a tiny home village shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 12.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 25 feet.

(e)

Minimum lot area shall be 2,000 square feet.

(f)

Minimum front yard setback shall be 20 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Tiny homes must meet the requirements of the adopted building code of the City of Milford.

(7)

Height of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Signs shall comply with the requirements provided in Article VI of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Open space and recreational amenities shall comply with the requirements of Chapter 230-19.7.

(12)

Accessory structures for non-residential uses in aggregate shall occupy no more than 10% of the required rear and side yard of the lot area and may not dominate in area, extent or purpose to the principal use or structure. The area of the principal structure shall be calculated using the definition of floor area in this chapter.

(13)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.5. - Source Water Protection District.

The purpose of the Source Water Protection District is to protect public health and safety in the City of Milford by minimizing contamination of aquifers, preserving, and protecting existing and potential sources of drinking water supplies. The district shall be established in delineated wellhead protection areas around all public water wells and excellent groundwater recharge potential areas located within the corporate limits of the City of Milford.

Superimposed district; effect on other provisions.

(1)

To enable the Source Water Protection District to operate in harmony with the land use component of the City's Comprehensive Plan, subdivision and zoning regulations, the Source Water Protection District is created as a special district to be superimposed on other districts contained in the City of Milford's Zoning Ordinance.

(2)

The requirements and provisions established in this district shall prevail over conflicting requirements of the zoning and subdivision ordinances.

Source water protection area maps.

(1)

Overlay maps prepared or provided by the Department of Natural Resources and Environmental Control (DNREC) delineating wellhead protection and excellent groundwater recharge potential areas in the City of Milford are included as a part of the City's Official Zoning Map and shall be designated as the Source Water Protection District.

(2)

The maps shall be utilized by the administrative official in determining whether a lot or parcel lies within the source water protection district as described in Subsection D of this section. The lack of an indication on this map as to whether certain property is within or outside of the boundaries of this overlay district shall not be constructed as a conclusive determination that said property is within or outside the boundaries of the source water protection overlay district. Rather, the controlling factor in making such a determination shall be the description contained in Subsection E of this section.

Source water protection standards.

(1)

For a confined wellhead, the wellhead protection area shall be 150 feet from the wellhead.

(2)

For an unconfined wellhead generating fewer than 50,000 gallons a day, the wellhead protection area shall be 150 feet from the wellhead.

(3)

For an unconfined wellhead generating greater than 50,000 gallons a day, the wellhead protection area shall be delineated by the State of Delaware, Department of Natural Resources and Environmental Control, Division of Water Resources, Source Water Assessment and Protection Program.

(4)

The area contained within a source water protection area shall be divided into zones:

(a)

Zone 1: a surface area extending in a radius of 150 feet around the wellhead.

(b)

Zone 2: the remaining surface area of a delineated wellhead protection area outside of Zone 1.

(c)

Zone 3: excellent groundwater recharge areas.

(5)

Zone 1 requirements.

(a)

Permitted uses.

[1]

Infrastructure, equipment, buildings, access and other uses associated with the well, distribution and treatment facilities of the water system and their maintenance.

[2]

Wells existing prior to December 31, 2007. No other structures or uses shall be permitted in Zone 1 unless the application, which shall demonstrate the proposed structure or use will not harm or potentially harm the public drinking water supply, is approved as a conditional use by City Council.

(b)

Prohibited uses.

[1]

See Table 01: Land Use Restrictions and Uses Source Water Protections Areas

(6)

Zone 2 requirements.

(a)

Permitted uses.

[1]

Uses permitted in the underlying zoning district may be permitted under an approved conditional use that protects the public drinking water supply for the City and meets the minimum requirements for stormwater management, impervious cover, above ground and underground storage tanks.

(b)

Prohibited uses.

[1]

See Table 01: Land Use Restrictions and Uses Source Water Protections Areas

(c)

Stormwater management.

[1]

Stormwater shall be treated by an approved stormwater quality management practice in accordance with current requirements of the Delaware Sediment and Stormwater Regulations dated October 11, 2006, or as later revised.

[2]

For all new construction, all structures shall be required to discharge roof drains into recharge systems. Recharge systems shall be in accordance with section 10.0 of the Delaware Sediment and Stormwater Regulations dated October 11, 2006, or as later revised.

(d)

Impervious cover.

[1]

Wellhead protection areas should not exceed 20% impervious cover. New development in this zone may exceed the 20% impervious cover threshold within wellhead protection areas, but shall be no more than 50% impervious cover, provided the applicant submits an environmental assessment impact report as provided for in Subsection 230-19.5F indicating the additional impervious area will not have an adverse impact on the drinking water supply.

(e)

Underground storage tanks (UST).

[1]

Underground storage tanks with a capacity greater than 110 gallons containing petroleum, and residential and agricultural USTs with a capacity greater than 1,100 gallons containing heating fuel or motor fuel shall be permitted in a designated wellhead area if the USTs are designed, constructed, maintained, and operated in accordance with the Delaware Regulations Governing Underground Storage Tank Systems, or as later revised. (NOTE: Regulated USTs must be constructed with secondary containment of the tanks and piping and must have continuous monitoring for releases.) The property owner shall be required to submit an annual report, prepared by a licensed tank inspector, certifying the UST meets the criteria established herein.

[2]

Underground storage tanks with a capacity greater than 110 gallons containing a hazardous substance as defined in CERCLA § 101(14) shall be permitted in a designated wellhead area if the USTs are designed, constructed, maintained and operated in accordance with the Delaware Regulations Governing Underground Storage Tank Systems. (NOTE: Regulated USTs must be constructed with secondary containment of the tanks and piping and must have continuous monitoring for releases.) The property owner shall be required to submit an annual report, prepared by a licensed tank inspector, certifying the UST meets the criteria established herein.

(f)

Above ground storage tanks.

[1]

Aboveground storage tanks with a capacity greater than 12,499 gallons containing petroleum or hazardous substances, and ASTs with a storage capacity greater than 39,999 gallons containing diesel, heating fuel or kerosene shall be permitted in a delineated wellhead area if the ASTs are designed, constructed, operated and maintained with the applicable requirements in the Delaware Regulations Governing Aboveground Storage Tanks.

(7)

Zone 3 requirements.

(a)

Permitted uses.

[1]

Uses permitted within the underlying zoning district unless prohibited by this section.

[2]

Hazardous waste storage, treatment, and disposal facilities, hazardous waste generators, sanitary and industrial facilities as defined in the Delaware Regulations Governing hazardous waste, vehicle repair, salvage operations, waste sludge storage or application, solid waste landfills, tire piles and dredge spoil sites shall not be permitted in Zone 3.

(b)

Prohibited uses.

[1]

See Table 01: Land Use Restrictions and Uses Source Water Protections Areas

(c)

Stormwater management and impervious cover.

[1]

There are no requirements contained in this section in order for the development to occur provided the impervious cover of that portion of the parcel within the excellent recharge area is 35% or less.

[2]

Impervious cover of that portion of the parcel within the excellent recharge area that is greater than 35% but no more than 60% is allowed provided the applicant demonstrates through a report prepared by a registered professional geologist or registered professional engineer familiar with the hydro geologic characteristics of the City of Milford and the surrounding areas using climatic water budget that post-development recharge quantity will meet or exceed the existing (pre-development) recharge quantity. Efforts to mitigate discharges to pervious surfaces shall count towards the formula used to compute post-development mitigation of any discharges. These practices shall address water quality as well as overall water quantity.

[3]

For all new construction, infill, and redevelopment within the town center as defined in Figure 14D, Neighborhood Map-Town Center, as it is delineated in the 2008 Comprehensive Plan impervious cover may exceed 60%. All structures are required to discharge roof drains into underground recharge systems or permeable surfaces that allow discharges to infiltrate into the ground. The site plan is to consist of BMPs that include such items as pervious pavers, pervious concrete and infiltration practices designed to assure that recharge is maximized. The practices shall address water quality as well as overall water quantity.

[4]

Discharge from roof drains, containment areas or impoundments that have run-off from an area that may contain contaminants from mechanical systems shall be segregated and treated prior to discharge.

(d)

Underground storage tanks (UST).

[1]

[2]

Underground storage tanks with a capacity greater than 110 gallons containing a hazardous substance as defined in CERCLA §101(14) shall be permitted in Zone 3 if the USTs are designed, constructed, maintained and operated in accordance with the Delaware Regulations Governing Underground Storage Tank Systems. (NOTE: Regulated USTs must be constructed with secondary containment of the tanks and piping and must have continuous monitoring for releases.) The property owner shall be required to submit an annual report, prepared by a licensed tank inspector, certifying the UST meets the criteria established herein.

(e)

Above ground storage tanks.

[1]

Aboveground storage tanks with a capacity greater than 12,499 gallons containing petroleum or hazardous substances, and ASTs with a storage capacity greater than 39,999 gallons containing diesel, heating fuel or kerosene shall be permitted in Zone 3 if the ASTs are designed, constructed, operated and maintained with the applicable requirements in the Delaware Regulations Governing Aboveground Storage Tanks.

Table 01: Land Use Restrictions and Uses Source Water Protections Areas.

Activities shall be subject to the land use restrictions contained within this [article] that will protect the quality and quantity of ground water supplies. All uses not permitted in the underlying zone district are prohibited.

No - Prohibited

Yes - Allowed

C - Conditional

Land Use	Well Head Protection Area		Excellent Ground-Water Recharge Potential Area
	Zone 1	Zone 2	Zone 3
Aboveground Storage Tanks	NO	C	C
Automobile body/repair shop	NO	NO	C
Chemical processing/storage facilities	NO	NO	C
Dredge Spoil Sites	NO	NO	C
Dry cleaner	NO	NO	NO
Electrical/electronic manufacturing facility	NO	NO	C
Equipment maintenance/fueling areas	NO	NO	C
Fleet/trucking/bus terminal	NO	NO	C
Gas station	NO	C	C
Hazardous Waste: Treatment, Storage & Disposal Facilities	NO	NO	C
† Dry Wells/sumps	NO	C	YES
†† Injection wells	NO	C	C
Junk/scrap/salvage yard	NO	NO	NO
Machine shop	NO	NO	C
Metal plating/finishing/fabricating facility	NO	NO	C
Mines/gravel pits	NO	NO	C
On-Site wastewater treatment and disposal systems	NO	NO	C
Salvage operations	NO	NO	NO
Sanitary and Industrial Landfills	NO	NO	NO
Tire Piles	NO	NO	NO
Underground storage tanks	NO	C	C
Vehicle repair	NO	NO	C
Vessel storage	NO	NO	C
Waste sludge storage or application	NO	NO	C
Wood preserving/treating facility	NO	NO	NO

† Dry wells/sumps, except for single-family residences directing gutter downspouts to a drywell

†† Injection wells other than those used in the remediation of ground water contamination that inject oxygen-releasing compounds

Boundary determination for source water protection areas.

(1)

All subdivision and land development plans depicting development or land disturbance submitted for City review shall be evaluated for the existence of source water protection areas. All such areas are as depicted on source water protection area maps maps/overlays are available from Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Water Resources, Source Water Assessment and Protection Program (SWAPP). If a SWPA exists within a proposed development site, the boundaries of these areas shall be delineated on the plan by the applicant's State of Delaware professional engineer or professional geologist.

(2)

DNREC SWAPP may, when based on sound science and information, revise and update the overlay maps of wellhead protection areas.

(3)

The Delaware Geological Survey (DGS) may, when based on sound science and information, revise and update the overlay maps of good or excellent groundwater recharge potential areas.

(4)

When there appears to be a conflict between the mapped boundary and actual site conditions, the applicant may engage the services of professional geologist to prepare a report intended to determine more accurately the precise boundary of the source water protection area. The Report shall include:

(a)

A detailed topographic layout of the subdivision and/or area to be developed and prepared by a state-registered professional land surveyor or professional geologist;

(b)

Evidence derived from a site-specific investigation that may include aquifer testing, test borings, test pits, observation wells, groundwater elevations, and topography surveys as appropriate for the type of source water protection area that clearly demonstrates that the area in question does not meet the definition of a source water protection area as defined.

(c)

Any challenges to the delineations of the good or excellent groundwater recharge potential areas must follow the methods used in the Delaware Geological Survey publication: Report of Investigations No. 66, Groundwater Recharge Potential Mapping in Kent and Sussex Counties, Delaware. The challenge must be approved by DGS and DNREC SWAPP.

(d)

Notwithstanding any other section of this chapter, if an owner initiates a precise boundary delineation pursuant to this section, any and all time review limitations shall be stayed pending the submission of the complete report contemplated by this section. Following submission of the report and all supporting documents, DNREC shall have 90 days to finally approve or disapprove the exploratory sketch plan submission or such further time as deemed necessary by the Department, but not to exceed an additional 90 days.

Environmental impact assessment report.

(1)

New development may exceed the 20% impervious cover threshold within the Source Water Protection Area Zone 2, but be no more than 50% impervious, provided the applicant submits an environmental assessment report including a climatic water budget and systems to augment recharge that assure water quality as well as quantity. The environmental impact assessment must document that post-development recharge will be no less than predevelopment recharge when computed on an annual basis.

(2)

Commonly, the applicant offsets the loss of recharge due to impervious cover by constructing recharge basins that convey pretreated rooftop runoff for infiltration to groundwater. Refer to Supplement 1, entitled Groundwater Recharge Design Methodology, for the details of how to design recharge facilities in Delaware source water protection areas.

(3)

A Delaware registered professional engineer and/or professional geologist prepares an environmental assessment report, usually containing the following elements of planning, design, construction, and maintenance of groundwater recharge facilities:

(a)

Site description of proposed development within the water resource protection area.

(b)

Climatic water balance comparing predevelopment and postdevelopment recharge potential.

(c)

Subsurface exploration, including borings, test pits, and infiltration tests.

(d)

Design of groundwater recharge facilities that assure water quality as well as quantity.

(e)

Construction and maintenance considerations.

(f)

Recommended groundwater monitoring plan.

(g)

Water management agreement between the applicant and the town, city, or county providing for monitoring and maintenance of the recharge system. The applicant will abide by the Groundwater Management Agreement as written in DNREC Supplement 1 to the Source Water Protection Guidance Manual for the Local Governments of Delaware: Groundwater Recharge Design Methodology, dated May 2005 or as later revised.

Nonconforming uses. Nonconforming uses may continue in a source water protection area in the form in which they existed at the time of the adoption of this section, unless they pose a direct hazard to the City's water supply, as determined by the Water and Wastewater Department upon advice from the Delaware Division of Public Health, or are causing some foreign substances (oil, salts, chemicals, or other substances) to be introduced into the City's water supply, as determined by the Water and Wastewater Department upon advice from DNREC's Division of Air and Waste Management and/or Division of Water Resources. In the latter case, the Building Department shall issue a mandatory cease and desist to stop the offending activity within the area. Nonconforming existing underground or aboveground storage of oil, petroleum, and petroleum products shall require secondary containment pursuant to the State of Delaware regulations governing underground storage tanks or for aboveground storage of petroleum products secondary containment facilities capable of capturing the material stored on the site, for existing facilities that are proposed either to be upgraded or replaced.

Replacement and new wells.

(1)

The replacement of any existing public water supply well that was not required to meet this wellhead protection requirement at the date of its original installation and that has failed shall be exempt from meeting this wellhead protection requirement.

(2)

All public water supply wells within a housing development, subdivision, or strip development recorded on or after the implementation of the Delaware Regulations Governing the Construction and Use of Wells, dated April 6, 1997, or as later revised, shall be located at least 150 feet within the subdivision's or development's outermost property lines.

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.6. - Transfer of development rights.

In recognition of the pressure to develop rural agricultural areas where adequate infrastructure does not exist to support such development and the fact that development of such agricultural, environmentally sensitive and architecturally and culturally significant land threatens the character and quality of life that residents of the Milford area expect, a Transfer of Development Rights Program has been established.

Areas considered to be sending areas for transferred development rights are identified in the Comprehensive Plan and SE Master Plan as TDR Sending Areas, and are outlined in Section 200-10 Paragraph D.

Areas considered to be receiving areas for transferred development rights are identified in the Comprehensive Plan and SE Master Plan as TDR Receiving Areas, and are outlined in Section 200-10 Paragraph E.

The Official Map may be amended by City Council to allow Receiving Areas to be zoned R-8 Garden Apartment and Townhouse District if the developer participates in the TDR program and purchases TDR credits. Amendments to the zoning map shall follow the procedures outlined in Chapter 230-58.

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.7. - Open space, recreation and other public facilities.

The City of Milford shall require the reservation of open space, recreation and other public facilities in accordance with the provisions of this section as a condition of approval for all one-family dwelling, two-family dwelling and multiple-family dwelling residential developments requiring major subdivision or site plan approval from the City Planning Commission or City Council.

Recreation areas.

(1)

Purpose. The purpose of this section is to ensure that active recreation areas are provided as an integral design element within residential developments and that such facilities are of an adequate scale in relation to the size of the residential development and which provide residents with a variety of active recreational pursuits.

(2)

Dedication required. The City shall require the dedication or reservation of recreation areas, and the subsequent construction of recreation facilities of a character, extent and location suitable to the needs created by a development for recreation facilities as defined and in accordance with the design guidelines set forth.

(3)

Definition. The following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of this section: tennis courts, handball courts, racquetball courts, swimming pools, saunas and exercise rooms, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails.

(4)

Design guidelines.

(a)

Accessible. Recreation areas shall be accessible within the development and arranged in a manner which affords reasonable access to all residents within the development. When warranted, recreation areas can be dispersed throughout the development, provided that each remote location is accessible.

(b)

Pedestrian oriented. Recreation areas shall be pedestrian oriented and designed with linkages to existing and planned public walkways and with other existing or planned recreation areas.

(c)

Age oriented. The nature and scope of planned recreation areas shall reflect an awareness of, and sensitivity toward, the anticipated age groups that would reside within the proposed development.

(d)

Parking. Designs consider the need for parking facilities associated with recreation areas.

(e)

Walking, jogging and biking trails. Recreation trails shall only be counted toward the recreation area requirement when constructed as an accessory to central recreation facilities. The developed trail shall be the only area counted toward the area requirement.

(f)

Setbacks. No structure, equipment or game court surface required under this section shall be located nearer than 30 feet to any lot line of a lot to be used for residential purposes, nor nearer than 25 feet from any right-of-way line.

(g)

Landscaping. Where warranted, visual screening of parking areas, game courts, playground areas and other features as necessary to preserve and protect the interests of adjoining residential properties may be required.

(h)

Area. The minimum area of a remote recreation area shall be 2,000 square feet.

(5)

Area required. All residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit or one-half acre of land, whichever is greater. In no case shall the City require that more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five acres.

(6)

Cash in lieu of recreation area construction.

(a)

Determination of suitability for cash donation. If the City determines that the construction of recreation is not practical due to close proximity to existing available recreation facilities or infeasible due to natural characteristics of the land or will not benefit the residents of the development, the City shall require a full or partial cash in lieu of areas of donation to be made by the developer in lieu of a full or partial dedication of land.

(b)

Separate recreation account. The cash donation shall be deposited in a separate account to be used for parks, playgrounds or recreational purposes.

(c)

Amount of cash donation. The total amount of cash-in-lieu of active recreation open space shall be equivalent to the appraised pre-improvement value of the land area required. The appraised pre-improvement value shall be based upon an appraisal of the subject property completed at the applicant's expense within six months prior to the date of request for consideration of cash in lieu of recreation area. If the City and/or the applicant do not agree on the land value estimate established by the appraisal, a new appraisal shall be performed by an independent third-party professional real estate appraiser at the applicant's expense. This appraisal shall be awarded on a competitive bid basis to a qualified, certified appraiser that submits the lowest bid. The City shall manage the bid process.

(d)

Payment of cash donation. One hundred percent cash donation provided under this section shall be collected prior to issuing the first building permit for the development.

Passive Open space.

(1)

Purpose. The purpose of this [sub]section is to preserve areas of open space within residential developments which are designed to provide buffer spaces between developing areas, to preserve existing natural and historic features and to establish a network of open spaces within the built environment to provide a balance between developed and undeveloped lands, wildlife habitat conservation, the preservation of scenic view corridors, and to provide residents opportunities to engage in passive recreation activities.

(2)

Dedication required. The City shall require the dedication of open space for the purpose of buffering, landscaping and preservation of natural features which add value to the residential development and to the surrounding community.

(3)

Definition. Open space shall include land or an area of water, or combination of land and water, within a development site, and designed and available for the use and enjoyment of residents of the development, not including off-street parking, areas set aside for public facilities and rights-of-way, and areas to be preserved as wetlands and floodplains as required. The following are illustrative of the types of open space areas that shall be deemed to serve buffering and preservation of natural features to count toward satisfaction of the open space requirements of this [sub]section: mature forests and groves, hedge rows, water courses, riparian buffers, historic landmarks and resources, landscaped buffers and berming designed to promote privacy, open landscaped areas suitable for being used and enjoyed for purposes of informal and unstructured recreation and relaxation, stormwater detention ponds when suitably designed to emulate natural features by incorporating irregular shapes, gradual slopes (no greater than 1:4) and appropriate landscape plantings, and irreplaceable environmental assets with values that have been adequately documented.

(4)

Design guidelines.

(a)

Width. Land areas shall be at least 20 feet in width.

(b)

Clearing. Selective clearing of natural vegetation may be permitted to form trails and clearings within woodland areas in accordance with the provisions of Chapter 230-19.8 (tree planting and preservation).

(c)

Linked. Open spaces shall attempt to be contiguous and designed with linkages to existing and planned public walkways and with other existing or planned recreation areas.

(5)

Area required. In no case shall the City require that more than five percent of the gross area of the development be so dedicated or reserved.

Public facilities.

(1)

Purpose. The purpose of this [sub]section is to afford the City the opportunity to reserve lands within developing areas which represent important and strategic locations for the distribution of essential public goods and services, such as potential educational facilities, emergency services, and recreational facilities. The Parks and Recreation Department shall advise City Council of any proposed subdivision or site plan that includes lands proposed for use as public parks to be operated by the City.

(2)

Dedication optional. Where public facilities are shown or proposed in the City comprehensive plan, or in any other plan or study accepted by the City Council or other public body, and are located in whole or in part in a proposed subdivision or site plan, the City may require the dedication or reservation of the area required in lieu of the requirements of [sub]section 19.7(A).

(3)

Definition. The following are illustrative of the types of public facilities that may be considered for reservation or dedication by this [sub]section: schools, utility service lines, future road rights-of-way (other than those planned to serve the proposed development), public buildings, parks, public trails, and recreation facilities.

(4)

Area required. In no case shall the City require that more than five percent of the gross area of the development be dedicated for the public facility. Area dedications shall only be allowed when the facility is to be dedicated to the City of Milford for facilities to be operated by the City.

(5)

Reservation. Any areas required by any other public bodies or any remaining areas beyond the five percent dedicated to the City under this [sub]section may be set aside by the City for a period of one year to allow the proper authority the opportunity to purchase the area. Upon failure of the proper authorities to purchase such site within one year after the date of the final approval of the project, the developer, upon application, shall be relieved of the responsibility of reserving such land for public purposes.

Management and maintenance of common open space and recreational areas.

(1)

Management and maintenance required. There shall be provisions which ensure that the common open space land and all public facilities not dedicated to the City of Milford shall continue as such and be properly maintained. These provisions shall be in a form acceptable to the City of Milford. The developer shall either (a) retain ownership and responsibility for maintenance of such open land; or (b) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of (b) above, each organization shall be a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.

(2)

Homeowners' association requirements. If a homeowners' association or open space trust is formed, it shall be governed according to the following:

(a)

Membership mandatory. Membership in the organization is mandatory for all purchasers of homes therein and their successors. The members of the organization shall share equitably the costs of maintaining and developing common open space and recreation areas, in accordance with procedures established by them.

(b)

Responsibilities. The organization shall be responsible for maintenance, insurance and taxes on common open space, recreation facilities and open public facilities, including but not limited to roads, gutters, sidewalks, curbs, drainage systems, water distribution systems and sewer facilities not dedicated to the City of Milford.

Exemption to recreation area and open space dedication.

(1)

Exemptions for small developments.

(a)

Residential developments with less than five acres of land and less than ten dwelling units. These developments shall be exempt from the land requirements set forth in [sub]sections A and B, but shall require a full cash donation to be made by the developer in lieu of a dedication of land.

(b)

Residential developments with less than five acres of land and between 10 and 20 dwelling units. These developments may be exempt from the one-half acre minimum requirement for recreation areas, but may be required to provide a lesser amount as recommended by the City Council. The City shall require a full or partial donation in lieu of a full or partial dedication of land.

(c)

Residential phases. Phases or sections within developments that are commonly owned or commonly proposed for development shall not be considered as individual residential developments qualified for exemptions under this [sub]section.

(2)

(3)

Separate recreation account. The cash donation shall be deposited in a separate account to be used for parks, playgrounds or recreational purposes.

(4)

Payment of cash donation. One hundred percent cash donation provided under this [sub]section shall be collected prior to issuing the first building permit for the development.

Construction phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that 100% of the recreation and open space areas shall be completed prior to issuing building permits for the final 20% of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.8. - Tree Planting and Preservation.

Purpose. The purpose of this section is to establish standards and requirements for the protection and planting of trees and woodlands because it is recognized that woodlands and trees are not only desirable, but are essential to the health, safety, and welfare of the population in that they provide oxygen, reduce carbon dioxide, stabilize soil, cleanse the air by transpiring clean water into the atmosphere, cleanse water passing into the ground through the root system, provide protection for wildlife and their habitats, provide shade, reduce noise and glare, increase property values, and provide an important physical, aesthetic, and psychological balance to the built environment.

Definitions.

CALIPER DIMENSION — The term "caliper dimension" means an outside diameter measurement of the trunk of a tree measured at a vertical distance of three feet above grade.

CLEARING — The removal of trees from an area of 5,000 square feet or greater, whether by cutting or other means. The term "clearing" shall not include the removal of trees for landscaping purposes by individual lot owners.

DESIGN PROFESSIONAL — The term "design professional" shall be any person licensed as a landscape architect or architect, or Delaware certified nursery professional.

DEVELOPMENT AREA — The area containing all new site features (buildings, parking and drive areas, pedestrian walks, stormwater management areas, buffer areas etc. but not underground utilities) proposed by a plan. The development area shall be delineated using property lines and lines run straight across the property from one property line to another without bending or curving.

DRIPLINE — A line on the ground established by a vertical plane extending from a tree's outermost branch tips to the ground, i.e., the line enclosing the area directly beneath the tree's crown, from which rainfall would drip.

TREE — Any self-supporting, woody perennial plant, usually having a main stem or trunk and many branches and at maturity normally attaining a trunk diameter greater than three inches at any point and height of over ten feet.

TREE PROTECTION AREA — Any portion of a site wherein are located existing trees which are proposed to be retained in order to comply with the requirements of this section. The tree protection area shall include no less than the total area beneath the tree canopy as defined by the dripline of the tree or group of trees collectively.

WOODLAND — An area of contiguous wooded vegetation (7,500 square feet or greater), where trees exist at a density of at least one tree with a caliper dimension of six inches or greater per 375 square feet of land and where the tree branches form a contiguous canopy.

Applicability. The terms and provisions of this section shall apply to any activity on real property which requires conditional use, site plan or subdivision approval of the Planning Commission or City Council as set forth in Chapter 200 and Chapter 230, except the provisions in [sub]section 19.8(D) which shall apply to all real property.

Tree preservation.

(1)

Trees required by the City to be replaced. Trees required by the City as a part of a conditional use, subdivision, or site plan approval shall not be removed unless they are diseased or infested, or present a danger to life and property. In cases where such trees are removed, they must be replaced with a tree planting in accordance with the table of trees standards kept in the Planning Department.

(2)

Trees of special value. Trees having a historic value, as determined by the state historic preservation officer, or that are of an outstanding nature due to type or species, age, or other professional criteria, may be required by the City to be preserved. Such trees may be prohibited from being removed by the Planning Director until such time that the City has granted approval to remove such trees.

(3)

Tree preservation in wetlands. No portions of wetland areas shall be developed or cleared of vegetation unless granted permission under state and/or federal permit; and they shall remain as essentially undisturbed areas protected under the provisions set forth in Chapter 230.

(4)

Clearing prohibited without approval. Clearing, as defined by this section, for any purpose whatsoever, except the establishment of trails and pathways (not greater than eight feet in width) and open yard areas, shall be prohibited unless approved by the City through the site plan, conditional use, or subdivision review process.

Woodland preservation.

(1)

Tree preservation and selective clearing plan required. All site development proposals which involve the development of woodland areas and require City approval shall include a tree preservation and selective clearing plan as part of the preliminary submission plan. The tree preservation and selective clearing plan shall be prepared in accordance with the provisions of subsection 19.8(E), subsection 19.8(G) and subsection 19.8(H) of this section.

(2)

Limited clearing for site development allowed. Generally, site development plans for the construction of a new building within existing woodland areas shall limit clearing of the land to those areas necessary to provide for the placement of the building or group of buildings, adequate access onto the property and to the proposed building or group of buildings, utility placement, off-street parking and yard areas to allow for daylight infiltration and building maintenance. When woodland areas are proposed to be cleared to allow for new construction, clearing within the area of the proposed construction shall be limited to an area of 30 feet from proposed building foundation, and 15 feet from off-street parking lots, and utility placement.

(3)

Maximum clearing requirement. Specifically, no more than 50 percent of a lot, parcel or tract of land occupied by woodland vegetation may be cleared for any purpose.

Tree preservation and planting in nonwoodlands.

(1)

Tree preservation and planting plan required. All developments requiring approval of the City shall be required to submit, with its application and plans, a tree preservation and planting plan as set forth in subsection 19.8(H), and shall conform with the following provisions.

(2)

Tree density. For each property required to submit a tree preservation and planting plan, a development area as defined in this section shall be delineated within the nonwoodland area of the property. Within this development area, existing trees may be retained and new trees shall be planted such that the development area shall attain or exceed a tree density of one tree per 10,000 square feet of lot area for residential land development and one tree per 5,000 square feet of nonresidential land development.

(3)

Minimum standards for new trees. For new trees to be counted toward the required tree density, they must be of a species and size as set forth in the table of trees approved by the City and kept on file in the office of the Planning Director, or be of an alternate species found acceptable by the City.

(4)

Minimum standards for existing trees. For existing trees to be counted toward the required tree density, the tree shall have a minimum caliper dimension of two inches. No trees over eight inches in caliper dimension shall be removed unless within an area of 30 feet from the proposed building foundation, off-street parking lot, and utility placement.

Tree protection and planting requirements.

(1)

Application. The following guidelines and standards shall apply to activities regulated under Chapter 200 or Chapter 230:

(2)

Protection required. To protect the required trees or woodland and their critical root zone, a tree protection area delineated by the dripline of a tree or group of trees to be retained, shall be established. The protection area shall not be disturbed by site utility and grading work, by construction activities such as parking, material storage, concrete washout, sedimentation intrusion or erosion, or other activity. Damage to trees or woodlands and their critical root zones shall require tree plans to be revised to compensate for the loss as determined by the City Arborist or a qualified professional/consultant.

(3)

Protection measures. Tree protection areas shall be protected by fencing, staking, or continuous ribbon and, where necessary, silt screens which shall be situated to coincide with the dripline of the tree or group of trees to be preserved. Protection measures shall be erected prior to construction, and must remain until final landscaping is installed.

(4)

Planting requirements. New trees proposed to be planted for credit toward the density requirement shall have spacing that is compatible with the spatial site limitations and with responsible consideration toward species size when mature. Species selected for planting must be ecologically compatible with the specifically intended growing site. Trees selected for planting shall be free from injury, pest, disease, and disorders.

Tree preservation, planting and selective clearing plans.

(1)

Plan specifications. A tree preservation and planting plan or a preservation and selective clearing plan, prepared by or in conjunction with a design professional, shall be shown on a copy of a preliminary major subdivision plat, or site plan, as appropriate to the proposed development, drawn to the same scale and covering the same area as the other plan documents prepared for the Planning Commission or City Council meeting. The plan may be combined with a required buffer and landscape plan for the project, at the option of the developer. The plan shall provide sufficient information and detail to clearly demonstrate that all applicable requirements and standards of this section will be fully satisfied.

Tree mitigation.

(1)

City Council or Planning Commission waiver. The City Council or Planning Commission may waive the provisions of subsections 19.8(E)(2), 19.8(E)(3), and 19.8(F)(2), and require replacement planting for mitigation purposes should the City Council or Planning Commission determine, after demonstration by the applicant, that due to physical limitations of the land which would otherwise prohibit the reasonable use of the land, or for purposes of preserving, protecting and promoting the interest of public health, safety, welfare and/or public convenience. All tree mitigation plantings must occur within the corporate limits of the City of Milford. Tree mitigation may occur off-site in accordance with the provisions listed below in this ordinance:

(a)

If a waiver is sought from the provisions of subsection 19.8(F)(2), new tree plantings are required at a rate of 1:1. All new tree plantings shall meet the minimum size at planting requirements of the City of Milford table of trees.

(b)

If a waiver is sought from the provisions of subsection 19.8(E)(2) and/or subsection 19.8(E)(3), then mitigation must be in the form of newly created woodland areas. New woodlands shall be created at a rate of 1.25 times the amount of woodlands to be removed. A woodland mitigation plan shall be prepared by a licensed forester, landscape architect, or certified nursery professional, for the consideration of the City Council or Planning Commission.

(c)

All tree mitigation must occur on-site unless an off-site location is specifically approved by the City Council or Planning Commission. When considering off-site locations for tree mitigation, the City Council or Planning Commission shall consider:

[1]

A physical hardship related to the land which would otherwise prohibit compliance on the subject site.

[2]

Whether the mitigation plan proposed by the applicant is superior in terms of environmental benefits, tree quality, or aesthetic qualities compared to strict compliance with the ordinance on-site.

(2)

Tree mitigation required for unauthorized clearing. In the event that trees or woodland areas to be preserved under this ordinance or as a condition of a site plan, subdivision, or conditional use approval are illegally removed, tree mitigation shall be required. All tree mitigation plantings must be placed on the same lot, parcel, or tract on which the illegal clearing occurred. All replacement trees must be of the same or a similar variety as the trees illegally removed.

(a)

If trees have been removed from non-woodland areas, new tree plantings shall be provided in accordance with the table below:

Caliper Dimension of Trees Removed	Number of Trees Required	Caliper dimension at Planting
25″ or larger	5 trees	3″
17″ to 24″	3 trees	3″
9″ to 16″	3 trees	3″
8″ or less	2 trees	3″

* Note—All trees replanted must be guaranteed to survive a minimum of one year.

(b)

If trees have been removed from woodland areas, then mitigation must be in the form of newly created woodland areas. New woodlands shall be created at a rate of 1.75 times the amount of woodlands that were illegally removed. The woodland unlawfully removed must be replanted to satisfy a portion of this requirement. A woodland mitigation plan shall be prepared by a licensed forester, landscape architect, or certified nursery professional, for review and approval by the Planning Director.

(c)

If the applicant wishes to provide replacement plantings on any property other than the one on which illegal clearing occurred, the mitigation plan must be reviewed and approved by the City Council or Planning Commission. When considering off-site locations for tree mitigation, the City Council or Planning Commission shall consider:

[1]

A physical hardship related to the land which would otherwise prohibit compliance on the subject site.

[2]

Whether the mitigation plan proposed by the applicant is superior in terms of environmental benefits, tree quality, or aesthetic qualities compared to strict compliance with the ordinance on-site.

(3)

The City Council or Planning Commission may require tree mitigation areas to be planted in permanent conservation through deed restrictions, conservation easements, or donations to land trusts.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.9. - Planned Unit Development.

Permitted uses. Uses, accessory uses and signs permitted in any residential district shall be permitted in accordance with the additional requirement and provisions of the article.

Minimum requirements, area and width. In a planned unit development, minimum lot area and width may be less than that required by the district regulations, except that no single-family lot shall be less than 4,000 square feet in area nor less than 40 feet in width.

Density. A planned unit development is not intended to increase density, but to allow flexibility in the design of the number of dwelling units permitted. If a parcel or parcels have more than one zoning classification, the total permitted density may be located throughout the parcel or parcels. The total permitted density shall be determined by dividing the net development area by the minimum lot area per dwelling unit as outlined in the below table.

Zoning Category	Minimum Lot Area
R-1	10,000 square feet
R-2	8,000 square feet
R-3	3,630 square feet
R-8	3,630 square feet

Net development area shall be determined by subtracting 25% of the gross area. Gross area shall not include any wetlands, floodway or similar area not suitable for building as determined by City Council.

Other requirements. Off-street parking, parking beneath buildings, front, side and rear setbacks, landscaping and buffering, lot coverage, number of units per building and building separation shall be as determined by City Council. Maximum height shall not exceed 48 feet and four stories maximum.

A planned unit development shall be subject to the same review procedures as for a major subdivision as provided in Chapter 200, Subdivision of Land.

Neighborhood commercial.

(1)

Permitted neighborhood commercial uses. The following neighborhood commercial uses are permitted in a planned unit development:

(a)

Retail goods and services.

(b)

Child-care center (care for fewer than 24 children).

(c)

Food services (grocery/convenience: cafe, coffee shop, but no facility with fuel distribution).

(d)

Medical and dental offices, clinics, and laboratories.

(e)

Professional and administrative offices.

(f)

Repair services, conducted entirely within the building. (Auto repair and similar uses are not permitted.)

(g)

Mixed use building (residential, including rentals, with other permitted use).

(h)

Laundromats or dry cleaners.

(i)

Art, music, or photography studio.

(j)

Personnel service (barbershop, salons, video rental, fitness center and similar uses).

(k)

Allowable uses (e.g., swimming pools, clubhouse and associated sport and exercise areas, tennis courts).

(2)

Floor area standards. Up to 25% of the total acreage within the planned unit development may be available for nonresidential uses including neighborhood commercial, nursing home and hospice care, professional and small business office use, similar uses, but excluding areas reserved for clubhouse, pool, HOA offices and other development amenities. For neighborhood commercial, the maximum interior floor area shall not exceed 6,500 square feet total for any one use on one neighborhood commercial site without a variance.

(3)

Hours of operation. Except for the swimming pool, clubhouse and associated sport or exercise areas, neighborhood commercial land uses shall be limited to the following hours of operation 6:00 a.m. to 9:00 p.m., unless otherwise specifically approved by City Council as part of the conditional use approval.

(4)

Storage. Except for plants and garden supplies, overnight storage is not permitted.

(5)

Parking. Parking spaces for the commercial space shall be determined in accordance with the overall planned unit development submission but in no event shall be less than 80% of the spaces required for standard commercial space.

(6)

Control. Ownership of the land and buildings comprising the commercial space may be by individuals, corporations or partnership either in fee simple or as a condominium with limited common area control and shall be subject to the rules and regulations contained in the commercial area tenants association and covenants and restrictions. All commercial tenants shall pay dues and assessments to said association for management and upkeep of the common areas.

Planned Unit Developments are subject to the Recreation, Open Space and other Public Facilities sections of this Chapter.

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.10. - Wireless Communication Facilities.

Purpose and intent. The purpose of this section is to establish uniform standards for the siting, design, permitting, construction, maintenance, and use of wireless communications facilities (WCF) in the City of Milford (referred to herein as the "city"). While the city recognizes the importance of wireless communications facilities in providing high quality communications service to its residents, the city also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities through the standards set forth in the following provisions and as referenced.

(1)

By enacting these provisions, the city intends to:

(a)

Promote the deployment of wireless communications facilities in the city while regulating their location and number to ensure the provision of necessary services;

(b)

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both city residents and wireless carriers in accordance with federal and state laws and regulations;

(c)

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, small cells, cable, Wi-Fi and other wireless communications facilities;

(d)

Establish procedures for the design, siting, construction, installation, maintenance and removal of small wireless communications facilities, non-tower based wireless communications facilities, and tower-based wireless communications facilities, in the city, including facilities both inside and outside the public rights-of-way;

(e)

Preserve the character of the city's neighborhoods and corridors;

(f)

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services collocate their commercial communications antennas and related facilities on existing wireless support structures where feasible;

(g)

Promote the health, safety and welfare of the city's residents.

Definitions.

ACCESSORY EQUIPMENT — Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

ANTENNA — An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

CHANGES IN HEIGHT — Changes in height are measured from the original wireless support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (47 CFR §1.4001(b)(7)(i)(A)).

COLLOCATION — The mounting of one or more WCFs, including antennae, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

ELIGIBLE FACILITIES REQUEST — Any request for modification of an existing WCF that does not constitute a substantial change. Such request may involve: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

EMERGENCY — A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EQUIPMENT COMPOUND — An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

FCC — Federal Communications Commission.

HEIGHT OF A TOWER-BASED WCF — The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennae mounted on the tower and any other appurtenances.

MODIFICATION or MODIFY — The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF) — A wireless communications facility located or collocated on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF. This definition excludes any installation constituting a small wireless communications facility.

PERSON — Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the State of Delaware, provided that "person" does not include or apply to the city, or to any department or agency of the city.

REPLACEMENT — The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment that does not result in increased wind or structural loading, is substantially similar in size and weight as the wireless communications facilities initially installed, and that does not substantially change the physical dimensions of the existing wireless support structure.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF) — A wireless communications facility that meets the following criteria:

(1)

The structure on which antenna facilities are mounted

(a)

Is 50 feet or less in height; or

(b)

Is no more than 10% taller than other adjacent structures; or

(c)

Is not extended to a height of more than 50 feet or by more than ten percent above its preexisting height as a result of the collocation of new antenna facilities.

(2)

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

(3)

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and

(4)

The facilities do not require antenna structure registration under 47 CFR Part 17; and

(5)

The facilities are not located on Tribal lands, as defined under 36 CFR §800.16(x); and

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR §1.1307(b).

STEALTH TECHNOLOGY — Camouflaging or screening methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in a manner appropriate to the site's context and surrounding environment. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

SUBSTANTIAL CHANGE — A modification to an existing WCF substantially changes the physical dimensions of a wireless support structure if it meets any of the criteria set forth in 47 CFR §1.6100, as amended.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF) — Any structure that is used for the primary purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. This definition excludes any installation meeting the definition of a small wireless communications facility.

WIRELESS — Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF) — An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT) — Any person that applies for a wireless communications facility building permit, zoning/conditional use approval, and/or permission to use the public right-of-way or other city owned land or property.

WIRELESS SUPPORT STRUCTURE — A freestanding structure, pole, tower, or other building, whether or not it has an existing antenna facility, that is used or to be used to support the placement or installation of a wireless communication facility for the provision of wireless service (whether on its own or comingled with other types of services).

Applicability. The terms and provisions of this section shall apply to wireless communication facilities in the city. As defined, each type of WCF has specific allowable locations, development regulations, and design standards as follows:

(1) Small WCF described in 230-19.10(F).

(2) Non-tower WCF described in 230-19.10(G).

(3) Tower WCF described in 230-19.10(H).

(1)

Exceptions. The activities by city residents to utilize satellite dishes, citizen or band radios, and antennae for the purpose of maintaining television, phone, or internet connections at their residences for non-commercial activity shall be exempt from the regulations enumerated in this Section 230-19.10.

(2)

Nonconforming uses. The following provisions shall apply to all buildings, support structures, and uses as related to wireless communication facilities:

(a)

All types of WCFs shall be permitted to collocate upon existing non-conforming WCFs, wireless support structures, and other non-conforming structures subject to the provisions of this Section 230-19.10.

(b)

Collocation of antennae is permitted on non-conforming structures.

(c)

Collocation of non-tower WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is non-conforming as to use within a zoning district.

(d)

WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this Section 230-19.10.

Type of Activity determination. The following provisions outline the types of wireless communication facility applications.

(1)

Eligible facilities request. The WCF application type is classified as an eligible facilities request if the request for modification of an existing WCF that does not constitute a substantial change under 47 CFR §1.6100, as amended. The request may involve: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

(2)

Substantial change activity. The WCF application type is classified as a substantial change activity if the modification substantially changes the physical dimensions of a wireless support structure by meeting any of the criteria set forth in 47 CFR §1.6100, as amended, relating to height of the support structure or addition of new appurtenances or equipment cabinets.

(3)

New facility. The WCF application type is classified as a new facility if it involves the construction and placement of a new wireless support structure and does not meet the definition of small WCF.

(4)

Small WCF. The WCF application type is classified as a small WCF if the proposed antennas, accessory equipment and support structure (whether an existing, replacement or new structure) comply with the volume and height parameters set forth in the definition of small WCF.

Application procedures. The following provisions outline the procedures for wireless communication facility applications, policies and procedures for the administration of the WCF permitting and review process shall be developed by the Planning Director.

(1)

Location within public right-of-way. WCF applicants proposing a WCF to be located within the public right-of-way, shall be required to obtain application approvals as follows:

(a)

Pole attachment process. Compliance with the procedures found in Milford Code Ordinances, Chapter 197—Streets, Sidewalks, Storm Sewers and Other Public Places, Article VIII-Public Utilities, for a WCF proposed for attachment to Milford Public Works Department facilities.

(b)

Master license agreement required. Any WCF applicant for a WCF proposed for attachment to a utility pole owned or controlled by the City of Milford Public Works Department shall first enter into a valid master license agreement with the city authorizing such attachment. No WCF shall be permitted to be attached to such utility poles without proof a valid master license agreement being provided as part of the permit application.

(c)

Permit—Use of rights-of-way. Obtain a right-of-way use permit from the city in accordance with permit policies and procedures pursuant to Milford Code of Ordinances, Chapter 197, Streets, Sidewalks, Storm Sewers and Other Public Places, for a WCF proposed with city rights-of-way.

(d)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(e)

Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 230-19.10 for the type of WCF.

(f)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in City Fee Schedule as adopted by resolution by City Council.

(2)

Compliance with zoning ordinance. The following section of the zoning ordinance shall be adhered to, as applicable, in the approval of a WCF application:

(a)

Environmentally sensitive areas. Location shall document compliance with the environmental protection measures for flood hazard areas and waterbodies and wetlands pursuant to Chapter 130, Floodplain Management.

(3)

Eligible facilities request. WCF applicants proposing an eligible facilities request shall be required to obtain application approvals as follows:

(a)

Type. WCF Applicant shall designate in writing that the application constitutes an eligible facilities request pursuant to 47 CFR §1.6100 and as defined by this Section 230-19.10.

(b)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88 - Building Construction.

(c)

Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 230-19.10 for the type of WCF.

(d)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(4)

Substantial change activity. WCF applicants proposing a substantial change activity shall be required to obtain application approvals as follows:

(a)

Type. WCF Applicant shall designate in writing that the application constitutes a substantial change activity as defined by this Section 230-19.10.

(b)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(c)

Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 230-19.10 based on the type of facility.

(d)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(5)

New facilities. WCF applicants proposing a new facility located in a public right-of-way shall be subject to the provisions of Section 230-19.10(E)(1). WCF applicants proposing a new facility meeting the definition of tower-based WCF outside of a public right-of-way of shall be required to obtain application approvals as follows:

(a)

Conditional use authorization required. Any WCF applicant proposing the construction of a new facility shall first obtain conditional use authorization pursuant to Chapter 230-48.

(b)

Documentation. The conditional use application shall demonstrate that the proposed WCF complies with all applicable provisions of Section 230-19.10 based on the type of facility.

(c)

Conditional use application requirements. The additional requirements for conditional use applications shall include the following:

A description of the type and manufacturer of the proposed transmission/radio equipment, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

ii.

Documentation demonstrating that the proposed tower-based WCF complies with all applicable state and federal laws and regulations concerning aviation safety.

iii.

Evidence that the owner of the property on which the tower-based WCF is proposed has granted authorization to construct and operate the tower-based WCF.

iv.

Written certification from a structural engineer licensed in the State of Delaware that the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.

An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The City Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall address the viability of any existing wireless support structures within a one quarter-mile radius of the site proposed and demonstrate that such alternative candidates are inferior with respect to technical feasibility, cost, or terms of use.

(d)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(e)

(f)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(6)

New small WCF. WCF applicants proposing a new small WCF that does not qualify as an eligible facilities request shall be required to obtain application approval as follows:

(a)

Type. WCF applicant shall designate in writing that the application constitutes a small WCF as defined by this Section 230-19.10.

(b)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(c)

(d)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(e)

New wireless support structures. An application involving installation of a new wireless support structure shall demonstrate that the proposed small WCF cannot be reasonably accommodated on an existing or approved structure or building within the right-of-way. The WCF applicant shall address the viability of any existing wireless support structures within 100 feet of the site proposed and demonstrate that such alternative candidates are inferior with respect to technical feasibility, cost, or terms of use.

(7)

Timing of approvals. Each specific type of WCF is subject to specific approval timeframes. Such timeframes shall be subject to the tolling procedures established by the FCC.

(a)

Small WCF: Timing of approval for all small WCF facilities that do not meet the definition of eligible facilities request. Once a WCF application is submitted these are the approval time lines:

Notification of incomplete applications for small WCF. Within ten days of receipt of an application for a small WCF, the city shall notify the WCF applicant in writing of any additional information required to complete application.

ii.

Approval timeframe—Collocation. Within 60 days of receipt of an application for a collocation of a small WCF on a preexisting wireless support structure, the city shall make a final decision on whether to approve the application and the city shall notify the WCF applicant in writing of such decision.

iii.

Approval timeframe—New facility. Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the city planning department shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(b)

Non-tower WCF: Timing of approval for all non-tower WCF facilities that do not meet the definition of eligible facilities request. Once a WCF application is submitted these are the approval time lines:

Notification of incomplete applications for non-tower WCF. Within 30 days of receipt of an application for a WCF on a preexisting wireless support structure, the city shall notify the WCF applicant in writing of any additional information required to complete application.

ii.

Approval timeframe—Substantial change. Within 90 days of receipt of an application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, the city shall make a final decision on whether to approve the application and the city shall notify the WCF applicant in writing of such decision.

iii.

Approval timeframe—Not substantial change. Within 60 days of receipt of an application for a non-tower WCF on a preexisting wireless support structure that does not substantially change the wireless support structure to which it is attached, the city planning department shall issue the required building permit authorizing construction of WCF.

(c)

Tower-based WCF: Timing of approval for all tower-based WCF facilities that do not meet the definition of eligible facilities request. Once a WCF application is submitted these are the approval time lines:

Notification of incomplete applications for tower-based WCF. Within 30 days of receipt of an application for a tower-based WCF, the city shall notify the WCF applicant in writing of any additional information required to complete application.

ii.

Approval timeframe. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the city shall advise the WCF applicant in writing of its decision. If additional information was requested by the city planning department to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period

(8)

Fees. Each application for permit or plan approval shall be accompanied by a fee as provided for in the City Fee Schedule as adopted by resolution by City Council.

(a)

Permit fees. The city may assess appropriate and reasonable permit fees directly related to the city's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by City Council and shall comply with the applicable requirements of the FCC.

(b)

Reimbursement for WCF in right-of-way. In addition to permit fees as described in this section, every small WCF in the right-of-way is subject to the city's right to recover its actual costs incurred as a result of the small WCF's presence in the right-of-way, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the city. The owner of each small WCF shall reimburse the city for the city's costs reasonably incurred in connection with the activities described above. All fees shall comply with applicable state and federal law and not exceed amounts presumed reasonable by the FCC.

Small wireless communication facilities (small WCF). The following regulations shall apply to all small WCF and associated wireless support structures as defined by this Section 230-19.10.

(1)

Location.

(a)

Small WCF are permitted to be located in all city zoning districts subject to the application requirements of this Section 230-19.10.

(b)

Small WCF are subject to compliance with zoning ordinance provisions outlined in Section 230-19.10(E)(2).

(c)

Small WCF are permitted to be located within the public right-of-way subject to application requirements of this Section 230-19.10.

(2)

Development regulations.

(a)

Sizing. To be considered as small WCF, the WCF must comply with the criteria established in the definition of small wireless communications facility in Section 230-19.10(B).

(b)

Height. The total height of a small WCF shall comply with the maximum height permitted in the zoning district of the property to the extent technically feasible. In accordance with industry standards, small WCF applicants must submit documentation to the city justifying the total height of the WCF.

(c)

Height. The total height of a small WCF when located in the public right-of-way shall be no more than 10% taller than the tallest existing utility pole or wireless support structure within a 250 radius of the proposed WCF or 50 feet above ground level, whichever is greater.

(d)

Placement. All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all applicable requirements pertaining to streets and sidewalks, as codified in Chapter 197 of the Milford Code.

(e)

Placement. Small WCF in the public right-of-way requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit such that it would interfere with ingress or egress.

(f)

Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the city.

(3)

Design standards. All small WCF shall be designed to meet applicable requirements of the city "Small Wireless Communications Facility Design Manual," a copy of which is kept on file at the City Planning Department.

Non-tower wireless communication facilities (non-tower WCF). The following regulations shall apply to all non-tower WCFs as defined by this Section 230-19.10 and that do not meet the definition of a small WCF.

(1)

Location.

Non-tower WCF are permitted to locate in all city zoning districts subject to the application requirements of this Section 230-19.10.

ii.

Non-tower WCF are subject to compliance with zoning ordinance provisions outlined in Section 230-19.10(B).

iii.

Non-tower WCF are permitted to be located within the public right-of-way subject to application requirements of this Section 230-19.10.

iv.

Non-tower WCF shall be collocated on existing wireless support structures, such as poles, certain existing buildings or tower-based WCF.

(2)

Prohibitions on certain structures. Non-tower WCF shall not be located on one-family detached dwellings, one-family attached dwellings, semi-detached dwellings, duplexes, townhouses, manufactured homes, mobile homes, modular homes, or any residential accessory structure.

(3)

Development regulations.

Sizing. To be considered as non-tower WCF, the WCF must comply with the criteria established in the definition of non-tower wireless communications facility in Section 230-19.10(B).

ii.

Height. The total height of a non-tower WCF shall not exceed the maximum height permitted in the zoning district. In accordance with industry standards, non-tower WCF applicants must submit documentation to the city justifying the total height of the WCF.

iii.

Replacement of existing support structure. The replacement of an existing support structure with a similar structure that is required to support the weight of the proposed WCF is allowed.

iv.

Accessory equipment buildings. If accessory equipment is to be located in a separate building, the building shall comply with the minimum requirements for accessory structure in the applicable zoning district.

Fences. A security fence with a minimum height of six feet and a maximum height of eight feet shall surround any separate equipment compound located outside the right-of-way.

vi.

Access. Vehicular access to the accessory equipment building or equipment compound shall not interfere with the parking or vehicular circulations on the site for the principal use.

(4)

Design standards. Where appropriate, non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The stealth technology utilized by the WCF applicant shall be subject to the application approval process.

Tower-based wireless communication facilities (tower-based WCF). The following regulations shall apply to all tower-based WCFs as defined by this Section 230-19.10 and that do not meet the definition of a small WCF.

(1)

Conditional uses. Tower-based WCF are permitted outside the public rights-of-way in certain zoning districts upon conditional use approval of the City Council in accordance with the procedures and subject to the general conditions set forth in Chapter 230-48.

(a)

In approving the conditional use, the City Council may take into consideration the following:

[1]

The aesthetic impact of the proposed facility, including, but not limited to, whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved;

[2]

Encourage compatibility with the character and type of development existing in the area;

[3]

Prevent a negative impact on the aesthetic character of the community;

[4]

Preserve woodlands and trees existing at the site to the greatest possible extent; and

[5]

Encourage sound engineering and land development design and construction principles, practices and techniques.

(b)

Additional antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide with a written commitment that it will allow a minimum of two other service providers the opportunity to collocate antennae on tower-based WCF where technically feasible. The WCF applicant reserves the right to lease the space to other service providers.

(2)

Location.

(a)

Tower-based WCF are allowed by a conditional use permit within the BP, I-1, I-2, C-3 and IS zones.

(b)

Tower-based WCF are subject to the application requirements of this Section 230-19.10.

(c)

Tower-based WCF are subject to compliance with zoning ordinance provisions outlined in Section 230-19.10(E)(2).

(3)

Uses on property.

(a)

Principal use. A tower-based WCF shall be permitted as a sole principal use on a lot.

(b)

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another permitted use.

(c)

Existing uses. The existing use on the property may be any permitted use in the applicable zoning district and need not be affiliated with the WCF.

(d)

Ability to use. Where applicable, the WCF owner shall present documentation that the property owner has granted an easement or other property right for the proposed facility.

(4)

Development regulations.

(a)

Minimum lot area. The minimum lot area shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

(b)

Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a tower-based WCF shall not exceed the 150 feet. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height.

(c)

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF, unless the WCF applicant shows to the satisfaction of the City that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

(5)

Design standards.

(a)

Multiple antennae. Any proposed tower-based WCF shall be designed structurally to accommodate both the WCF applicant's antennae and at least two comparable antennae for future users.

(b)

Security. Any tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.

(c)

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(d)

Surrounding environs. Existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.

(e)

Fences. A security fence having a minimum height of six feet and a maximum height of eight feet shall surround any tower-based WCF, as well as guy wires, equipment compound or housing WCF equipment.

(f)

Screening. A screen of evergreen trees planted eight feet on center, each at least four feet in height, shall surround the tower-based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible and landscaping is not required where landscaping already exists

(g)

Accessory equipment. Where feasible, accessory equipment associated, or connected, with a tower-based WCF shall be placed underground. Any above-ground accessory equipment associated or connected with a tower-based WCF shall be screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated.

(h)

(i)

Accessory equipment. Accessory equipment not exceeding 500 square feet in area shall be permitted for each unrelated company sharing space on the tower-based WCF.

(j)

Access road. Where necessary, an access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

(h)

Visual appearance. Tower-based WCF shall employ stealth technology which may include painting or finish of the tower portion. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

General requirements for wireless communication facilities. The following shall apply to all types of wireless communication facilities. Each application for a WCF shall require proof of compliance with the following.

(1)

Standards for wireless communication facilities.

(a)

Wind and ice. Each WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

(b)

Aviation safety. WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(c)

Interference. WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services by occupants of nearby properties.

(d)

Radio frequency emissions. WCF shall not, by itself or in conjunction with other WCFs existing on the same structure at the time of installation, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(e)

Signage. WCF owners shall post a sign in a readily visible location identifying the name, phone number of a party to contact in the event of an emergency, and permit number. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

(f)

Noise. WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the City Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(g)

Engineer seal and signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the State of Delaware.

(h)

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(2)

Maintenance and care of wireless communications facilities.

(a)

Standard of care. Any WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, National Association of Tower Erectors, or to the industry standard applicable to the structure.

(b)

Maintenance. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the city. Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the city's residents and utilize industry standard technology for preventing failures and accidents. The following maintenance requirements shall apply:

[1]

The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2]

Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.

[3]

All maintenance activities shall conform to industry maintenance standards.

(c)

Lighting. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the city.

(d)

Graffiti. Any graffiti on the WCF or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the city.

(3)

Inspection of wireless communication facilities. The city reserves the right to inspect any WCF to ensure compliance with the provisions of Chapter 230, Zoning, and any other provisions found within the City Code or state or federal law. The city and/or its agents shall have the authority to enter the lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(4)

Construction and repairs in the right-of-way.

(a)

Work in right-of-way. The City of Milford Public Works Department, in consultation with the City Planning Department, shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. All construction, maintenance, repair and/or removal of small WCF shall comply with the applicable requirements of the City Code.

(b)

Pole repairs. In the event of damage to a small WCF attached to a utility pole owned or controlled by the City of Milford Public Works Department, the owner of the small WCF shall be solely responsible for all costs associated with the repair of the small WCF, unless such damage was caused by the city's own negligence or willful misconduct.

(c)

Repairs of city property. In the event of damage to city property during installation of any WCF, including utility poles, streets, sidewalks, streetlights, signs, or other infrastructure, the company responsible for the damage shall make repairs accepted by the city or shall reimburse the city for the cost of such repairs.

(d)

Change or alteration required. Within 90 days following written notice from the city, or such longer period as the city determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the city, consistent with its police powers and applicable public utility commission regulations, determines that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1]

The construction, repair, maintenance or installation of any city or other public improvement in the right-of-way;

[2]

The operations of the city or other governmental entity in the right-of-Way;

[3]

Vacation of a street or road or the release of a utility easement; or

[4]

An emergency as determined by the city.

In such cases the city will make reasonable efforts to assist the WCF owner in identifying and permitting an alternate location for the WCF.

(5)

Removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued and removed. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:

(a)

Complete removal of the structure of a tower-based WCF shall require a demolition permit in accordance with permit policies and procedures pursuant to Chapter 88, Building Construction.

(b)

Any unused portions of tower-based WCF, including antennae, shall be removed within 90 days of the time of cessation of operations. All replacements of portions of a tower-based WCF previously removed are subject to the provisions of this Section 230-19.10.

(c)

All used or abandoned WCFs and accessory equipment shall be removed from the wireless support structure within 90 days of the cessation of operations at the site unless a time extension is approved by the city.

(d)

If the WCF or accessory equipment is not removed from the wireless support structure within 90 days of the cessation of operations at a site, or within any longer period approved by the city, the WCF and/or associated facilities and equipment may be removed by the city and the cost of removal assessed against the owner of the WCF.

[Ord. No. 2022-15, § 3, 3-28-2022]

Milford City Zoning Code

ARTICLE III

Use and Area Regulations

§ 230-9.- R-1 Single-Family Residential District.

Permitted uses. Permitted uses for the R-1 District shall be as follows:

(1)

A single-family detached residential dwelling.

(2)

Farming, agricultural activities and roadside stands for the sale of farm and nursery products produced on the property where offered for sale.

(3)

(4)

Parks, playgrounds, athletic fields, recreation buildings, swimming pools and community centers operated on a noncommercial basis for recreation purposes.

(5)

Customary residential accessory uses, such as private garages, swimming pools, storage sheds, and small scale solar and wind energy systems may be located in any required side or rear yard provided:

(a)

The primary residence must exist or be under construction.

(b)

All such buildings in the aggregate shall not occupy more than 30 percent of the area of the required rear and side yard.

(c)

(d)

Such buildings shall be setback five feet from any lot line and shall not be located less than five feet from a principal structure.

(e)

(6)

Home occupational/office (subject to the following special requirements):

(a)

The business activity shall be compatible with the residential zoning of the property and surrounding uses.

(b)

The use is carried on entirely by the inhabitants of the dwelling, and shall employ no employees other than family members residing in the dwelling.

(c)

The use does not involve any customer, client, or patient visits, whether vehicular or pedestrian, to the dwelling.

(d)

Such use involves no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with the residential use.

(e)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(f)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(g)

(h)

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(i)

The business activity shall only be conducted within the dwelling and the floor area devoted to such use shall not exceed 30 percent of the total floor area for the principal residential structure.

(j)

As long as all other criteria is met, more than one home occupation shall be permitted per lot or dwelling.

(k)

(l)

There shall be no change in the exterior appearance of the dwelling, any accessory building and/or the lot, which would cause the premises to differ from its residential character.

(m)

(n)

There shall be no unenclosed exterior storage of material or refuse resulting from the home occupation.

(o)

Prohibited minor home occupations. Minor home occupations shall not include the following uses:

[1]

Animal shelter, commercial kennel or veterinary office;

[2]

Rooming or boarding home;

[3]

Bed and Breakfast;

[4]

Funeral home;

[5]

Restaurant;

[6]

Outdoor café;

[7]

Club or lodge;

[8]

Medical or dental office;

[9]

Retail shop;

[10]

Rental business;

[11]

Furniture stripping;

[12]

Auto or small engine repair;

[13]

Painting of vehicles, trailers, or boats;

[14]

Manufacturing, repairing or other mechanical work performed in connection with the home occupation performed in any outdoor area;

[15]

[16]

Welding shop;

[17]

Other uses of similar character to those listed above.

(7)

(8)

Group Home, for the care of disabled or elderly persons.

(9)

Model home (Sample Home)/Sales Office.

(10)

Short-term Rental.

(a)

(b)

The primary unit shall remain owner occupied.

(c)

Trash service requested from the property cannot be increased as part of this use.

(d)

No more than one listing can occur per property and must be habitable space as defined by this chapter.

(1)

Churches and other places of worship and cemeteries.

(2)

Public and private elementary, junior or senior high schools.

(3)

Day-care facilities, including large family day cares involving more than six children.

(4)

(a)

There shall be a lot area of at least 2,000 square feet for each unit to be accommodated.

(b)

(c)

Fire escapes and outside stairways leading to a second or higher story shall, where practicable, be located on the rear of the building and shall not be located on any building wall facing a street.

(5)

Accessory dwelling units. Accessory dwelling units include accessory apartments and accessory cottages and are subject to the following requirements;

(a)

(b)

Only one accessory dwelling unit (either apartment or cottage) shall be permitted per property.

(c)

Accessory Apartments.

[1]

Accessory apartments are only permitted within single-family detached dwellings.

[2]

The floor area of an accessory apartment shall not exceed 35% of the single-family detached dwelling.

(d)

Accessory Cottages.

[1]

[2]

[3]

[4]

(6)

(a)

Major home occupations shall be permitted only in single-family detached dwellings or an accessory structure to a single-family detached dwelling

(b)

The area used for a major home occupation shall not exceed 30% or 600 square feet of the total floor area of the principal residential structure or accessory structure.

(c)

(d)

No more than two clients at any one given time shall be permitted to visit the premises to conduct business related to the major home occupation.

(e)

No articles shall be sold or offered for sale except those produced on the premises. Such sales must have prior approval from City Council.

(f)

(g)

Beauty parlors and barber shops may be permitted as a major home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this ordinance are met.

(h)

Instructional services may be permitted as a major home occupation provided that a maximum of three students may be instructed at any one time, and there shall be no more than two trips per hour.

(i)

(j)

There shall be no change in the exterior appearance of the dwelling, any accessory building and/or the lot, which would cause the premises to differ from its residential character.

(k)

(l)

Deliveries from major commercial suppliers which may be disruptive to the neighborhood shall not be made between the hours of 8:00 pm prevailing time and 8:00 am prevailing time.

(m)

(n)

There shall be no unenclosed exterior storage of material or refuse resulting from the home occupation.

(o)

(p)

Prohibited major home occupations. Major home occupations shall not include the following uses:

[1]

Animal shelter, commercial kennel or veterinary office;

[2]

Rooming or boarding home;

[3]

Bed and Breakfast;

[4]

Funeral home;

[5]

Restaurant;

[6]

Outdoor café;

[7]

Club or lodge;

[8]

Medical or dental clinic (two or more doctors or dentists);

[9]

Retail shop;

[10]

Rental business;

[11]

Furniture stripping;

[12]

Auto or small engine repair;

[13]

Painting of vehicles, trailers, or boats;

[14]

Manufacturing, repairing or other mechanical work performed in connection with the home occupation performed in any outdoor area;

[15]

[16]

Welding shop;

[17]

Other uses of similar character to those listed above.

(7)

Social club or fraternal, social service, union or civic organization.

(8)

Cultural facilities, including a library, museum or art gallery.

(9)

Country club, regulation golf course, including customary accessory uses, provided that all buildings have a minimum setback of 120 feet from all street and property lines.

(10)

Planned unit development, see requirements in Chapter 230-19.9.

(11)

Bed-and-breakfast, subject to the following requirements:

(a)

The bed-and-breakfast establishment does not adversely affect the residential character of the neighborhood and such use is carried on in an existing residential structure.

(b)

The building proposed for use as a bed-and-breakfast must have the owner of the bed-and-breakfast residing in the building as his/her principal residence.

(c)

The serving of meals shall be limited to breakfast and afternoon tea for overnight guests and customers.

(d)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(e)

No exterior alterations other than a sign and those required by law to ensure the safety of the structure shall be made.

(f)

(g)

(12)

Funeral Home or undertaker.

(13)

Group Home, other than for the care of disabled and elderly persons.

(a)

The lot on which the group home is proposed shall not be located within 500 feet of a lot on which another group home is located.

(b)

(c)

Floor plans and a plot plan shall be submitted with the application.

(d)

(14)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

Area regulations.

(1)

Minimum lot area shall be 10,000 square feet. Minimum interior lot shall be 10,000 square feet. Minimum corner lot shall be 13,000 square feet.

(2)

Maximum lot coverage shall be 40%.

(3)

Minimum lot width shall be 80 feet.

(4)

Height of buildings shall not exceed 35 feet. Accessory buildings or structures shall not exceed 15 feet in height.

(5)

Minimum front yard setback line shall be 25 feet.

(6)

Minimum rear yard shall be 25 feet. For corner lots the rear yard may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(7)

Side yards shall be provided as follows: each lot shall have two side yards with a minimum of 12 feet each.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Signs shall comply with the requirements provided in Article VI of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Open space and recreational requirements shall comply with Chapter 230-19.7.

(12)

(13)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-10. - R-2 Residential District.

Permitted uses: Permitted uses of the R-2 District shall be as follows:

(1)

All permitted uses in an R-1 District.

(2)

Single-family semi-detached dwelling.

Area regulations.

(1)

For permitted uses and single-family semi-detached dwellings not separately owned:

(a)

Minimum interior lot area shall be 8,000 square feet and minimum corner lot area shall be 13,000 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 80 feet.

(d)

Height of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear yard setback shall be 15 feet. For lower lots the rear yard may be reduced 20% in depth to allow for the skewing of a residential dwelling on its lot.

(g)

Side yards shall be provided as follows: each lot shall have two side yards a minimum width of eight feet on each side.

(2)

For single-family semi-detached dwellings separately owned:

(a)

Minimum interior lot area shall be 4,000 square feet and minimum corner lot area shall be 6,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 40 feet.

(d)

Height of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear yard setback shall be 15 feet. For lower lots the rear yard may be reduced 20% in depth to allow for the skewing of a residential dwelling on its lot.

(g)

Side yard shall be provided as follows: each lot shall have one side yard a minimum width of eight feet.

(3)

Parking shall comply with the requirements provided in Article IV of this chapter.

(4)

Signs shall comply with the requirements of Article VI of this chapter.

(5)

Landscape screening shall comply with the requirements of Article V of this chapter.

(6)

Open space and recreational amenities shall comply with Chapter 230-19.7.

(7)

(8)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(9)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-11. - R-3 Garden Apartment and Townhouse District.

Permitted uses. Permitted uses for the R-3 District shall be as follows:

(1)

All permitted uses in an R-2 District

(2)

Two-family dwellings.

(3)

Townhouses.

(4)

Garden Apartments.

(1)

Rooming or boarding houses.

(2)

Business or Professional offices (nonresident); minimum lot size one acre.

(3)

Nursing homes; minimum lot size one acre.

(4)

Manufactured home parks.

(5)

Tiny Home Village.

Area regulations.

(1)

Single-family and two-family dwellings shall be subject to the following area regulations:

(a)

Minimum lot area shall be 7,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 60 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

(f)

Minimum rear yard setback shall be 15 feet. For corner lots the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(2)

Single-family semi-detached

(a)

Minimum interior lot area shall be 4,000 square feet and minimum corner lot area shall be 6,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 40 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

(f)

Minimum rear yard setback shall be 15 feet. For corner lots the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(3)

Townhouses or row dwellings, subject to the following requirements:

(a)

Minimum townhouse project size shall be one acre.

(b)

Minimum lot area shall be 2,000 square feet.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 20 feet.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear yard setback shall be 30 feet.

(g)

Minimum side yard setback shall be 10 feet, aggregate 30 feet.

(h)

The number of dwelling units per group shall not exceed eight nor be fewer than three.

(i)

The number of dwelling units per acre shall not exceed 12.

(j)

(4)

Garden or low-rise apartments, subject to the following requirements:

(a)

Minimum apartment project size shall be one acre, with a minimum of 2,500 square feet of lot area for each dwelling unit.

(b)

Maximum lot coverage shall be 80%.

(c)

Minimum lot width shall be 50 feet.

(d)

Minimum front yard setback shall be 30 feet.

(e)

Minimum rear yard setback shall be 30 feet.

(f)

Minimum side yard setback shall be 20 feet.

(g)

The maximum number of dwelling units per building shall be 24.

(h)

The number of dwelling units per acre shall not exceed 16.

(i)

Distance between buildings or groups of buildings shall be as follows: each building or group of buildings shall be at least 25 feet from any other building or group of buildings.

(5)

Manufactured Home Parks.

(a)

The total area to be developed as a mobile home park shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 8.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 40 feet.

(e)

Minimum lot area shall be 4,000 square feet.

(f)

Minimum front yard setback shall be 25 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Mobile homes must meet the requirements of the Federal Manufacturer Housing Construction and Safety Standard Act of 1974.

(6)

Tiny Home Village.

(a)

The total area to be developed as a tiny home village shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 12.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 25 feet.

(e)

Minimum lot area shall be 2,000 square feet.

(f)

Minimum front yard setback shall be 20 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Tiny homes must meet the requirements of the adopted building code of the City of Milford.

(7)

Heights of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Signs shall comply with the requirements provided in Article VI of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Open space and recreational amenities shall comply with the requirements of Chapter 230-19.7.

(12)

(13)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-12. - C-1 Community (Neighborhood) Commercial District.

Purpose. The C-1 District will provide for limited commercial and professional services activities that can be compatible in a neighborhood setting to provide goods and services to local residents.

Permitted uses. Permitted uses for the C-1 District shall be as follows:

(1)

Single-family detached dwelling.

(2)

Professional Offices.

(3)

Financial institutions, loan companies and banks.

(4)

Personal service establishments.

(5)

Studio for artists, designers, photographers, musicians, sculptors and related uses, including sales.

(6)

Retail food stores, such as bakeries, candy and convenience stores (without gas pumps) and grocery meat markets.

(7)

Restaurants, excluding fast-food service or franchised food service operated restaurants.

(8)

Retail sales and specialty stores.

(9)

Repair and servicing, indoor and off site, of any article for sale which is permitted in this district.

(10)

Public parking lot.

(11)

(12)

Community recreation center, as a nonprofit community service.

(13)

Laundromats.

(14)

Group Home, for the care of disabled or elderly persons.

Conditional uses subject to special requirements. The following uses are permitted subject to receiving a conditional use permit by the City Council as provided in Article IX of this chapter:

(1)

Convenience stores with gas pumps.

(2)

Daycare Centers.

(3)

Undertaker or funeral home.

(4)

Group Home, other than for the care of disabled and elderly persons.

(a)

The lot on which the group home is proposed shall not be located within 500 feet of a lot on which another group home is located.

(b)

(c)

Floor plans and a plot plan shall be submitted with the application.

(d)

(5)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

Area regulations.

(1)

Minimum lot area shall be 10,000 square feet.

(2)

Maximum lot coverage shall be 80%.

(3)

Minimum lot width shall be 80 feet.

(4)

Height of buildings shall not exceed 35 feet.

(5)

Minimum front yard setback shall be 25 feet.

(6)

Side yards shall be at least 12 feet in width.

(7)

Minimum rear yard shall be 25 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-13. - C-2 Central Business District.

Permitted uses. Permitted uses for the C-2 District shall be as follows:

(1)

Those permitted uses in the C-1 District.

(2)

Taverns and tap rooms.

(3)

Libraries, museums, art galleries and public information centers.

(4)

Churches and other places of worship.

(5)

Fraternal, social service, union or civic organization.

(6)

Publishing, printing and reproduction establishments.

(7)

Indoor storage facilities as an accessory use to any of the permitted uses in this district.

(8)

(9)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

(d)

(e)

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

[1]

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

[2]

[3]

[4]

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

[5]

[6]

[7]

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(10)

Commercial indoor recreation activities, including amusement arcades, indoor theaters, social clubs, youth clubs or similar facilities.

(11)

All dwellings other than single-family with a maximum density of 16 units per acre and in conjunction with nonresidential use.

(12)

Bed and Breakfast.

(a)

The bed-and-breakfast establishment does not adversely affect the residential character of the neighborhood and such use is carried on in an existing residential structure.

(b)

The building proposed for use as a bed-and-breakfast must have the owner of the bed-and-breakfast residing in the building as his/her principal residence.

(c)

The serving of meals shall be limited to breakfast and afternoon tea for overnight guests and customers.

(d)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(e)

No exterior alterations other than a sign and those required by law to ensure the safety of the structure shall be made.

(f)

(g)

No areas shall be floodlit. Drives and parking areas shall not be illuminated by lighting fixtures higher than 20 feet. Sidewalks shall not be illuminated by lighting fixtures higher than 15 feet. Exterior lighting shall be shaded as to prevent illumination off-site. All external lighting, except for demonstrated security needs, shall be extinguished by 10:00 p.m.

(1)

Motels and hotels.

(2)

Instructional, business or trade stores.

(3)

Fast-food or franchised food service operated restaurants.

Area regulations.

(1)

Minimum lot area shall be 2,500 square feet.

(2)

Minimum lot width shall be 50 feet.

(3)

Height of buildings shall not exceed 35 feet.

(4)

There shall be no required front, rear or side yard setback.

(5)

Signs shall comply with the requirements provided in Article VI of this chapter.

(6)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(7)

Parking shall comply with the requirements provided in Article IV of this chapter.

(8)

(9)

Accessory structures shall be located in the side and rear lot areas.

(10)

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-13.1. - C-2A Riverfront Development District.

Permitted uses. In a C2-A district, land, buildings or premises shall be used by right for one or more of the following:

(1)

Those uses permitted in the C-1 District.

(2)

Libraries, museums, art galleries and public information centers.

(3)

Fraternal, social service, union or civic organization.

(4)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

(d)

(e)

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

[1]

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

[2]

[3]

[4]

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

[5]

[6]

[7]

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(5)

Commercial indoor recreation activities, including amusement arcades, indoor theaters, social clubs, youth clubs or similar facilities.

(6)

Multifamily residential when part of a mixed-use development, with commercial uses in the same building and/or on the same site.

(7)

Bed and Breakfast.

(a)

The bed-and-breakfast establishment does not adversely affect the residential character of the neighborhood and such use is carried on in an existing residential structure.

(b)

The building proposed for use as a bed-and-breakfast must have the owner of the bed-and-breakfast residing in the building as his/her principal residence.

(c)

The serving of meals shall be limited to breakfast and afternoon tea for overnight guests and customers.

(d)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

(e)

No exterior alterations other than a sign and those required by law to ensure the safety of the structure shall be made.

(f)

(g)

(1)

Fast-food or franchised food service operated restaurants.

Area regulations.

(1)

Maximum number of units per acre shall be 16.

(2)

Minimum lot area shall be 5,000 square feet.

(3)

Minimum lot width shall be 50 feet.

(4)

Maximum lot coverage shall be 60%

(5)

Minimum front yard setback shall be 15 feet minimum

(6)

Side yard setback shall be 14 feet aggregate total with a minimum of 6 feet.

(7)

Minimum rear yard setback shall be 20 feet.

(8)

Height of buildings shall not exceed 50 feet.

(9)

Minimum separation distance between dwelling structures on the same lot shall not be less than 15 feet.

(10)

Parking shall comply with the requirements provided in Article IV of this chapter.

(11)

Signs shall comply with the requirements provided in Article VI of this chapter.

(12)

(13)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(14)

(15)

Accessory structures shall be located in the side and rear lot areas.

(16)

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-14. - C-3 Highway Commercial District.

Permitted uses. Permitted uses for the C-3 District shall be as follows:

(1)

Those permitted uses in the C-2 District.

(2)

Warehouses.

(3)

Large retail outlets.

(4)

Indoor storage accessory building.

(5)

Fast-food restaurants and drive-in restaurants.

(6)

Supermarkets.

(7)

Truck and trailer rentals.

(8)

Roadside produce market.

(9)

Outdoor commercial recreational facilities, not motorized vehicles.

(10)

Swimming club.

(11)

Indoor facility for amusement or assembly.

(12)

Bus station.

(13)

Motels or hotels.

(14)

Commercial greenhouse.

(15)

Wholesale establishment.

(16)

Contractors', craftsmen's or general service shops, including welding and similar shops.

(17)

Laboratory, testing and research.

(18)

Car wash.

(19)

Registered Compassion Center Dispensary.

(1)

Automotive sales.

(2)

Automotive repair, subject to the following special requirements:

(a)

All facilities shall be located and all services shall be conducted on the lot.

(b)

All repair work shall be conducted within an entirely enclosed building.

(c)

No equipment for the service of gasoline or oil shall be placed closer to any street or property line than 20 feet.

(d)

No portion of such structure or its equipment shall be located within 500 feet of the premises of any school, hospital, church or public recreation building.

(e)

No service station shall be located within 800 feet of another service station on the same side of the street within the same block.

(f)

Any such use shall be permitted only where it is determined that it will not materially interfere with the main pedestrian movement in conjunction with a compact retail area.

(3)

Shopping center, subject to the following site requirements:

(a)

Traffic and parking.

[1]

The minimum distance between accessways and a residential district shall be 50 feet.

[2]

Spacing of accessway.

[a]

From adjoining property: 50 feet.

[b]

From minor intersections: 50 feet.

[c]

From major intersections: 100 to 150 feet.

(b)

Setback.

[1]

From nonresidential districts: 15 feet.

[2]

From residential districts: 100 feet.

(4)

All uses permitted in the R-3 Zoning District subject to its area regulations.

(5)

Business, commercial or industrial uses that do not adversely affect neighboring properties.

(6)

Aquarium.

(7)

Community energy generating facility.

(a)

The footprint of the solar array, as defined as the by the outer limit of the panels and exclusive of buffers shall be no larger than 50 acres in size.

(b)

(c)

(d)

Setbacks for the Facility shall be:

[1]

Front setback shall be 75 feet.

[2]

Side setback shall be 50 feet.

[3]

Rear setback shall be 50 feet.

[4]

Distance from any off-site dwelling unit shall be 100 feet.

[5]

Distance from any State recognized Scenic Byway shall be 150 feet.

[6]

Distance from any wetlands shall be 100 feet.

(e)

The site area shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[1]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[2]

[3]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[4]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[5]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

(f)

The required buffer may be counted toward planting requirements included in this Chapter.

(g)

If topsoil is removed for improvements, it shall remain on the site.

(h)

(i)

(j)

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(k)

[1]

Physical removal of all solar photovoltaic facilities, structures, equipment, security barriers and transmission lines from the site.

[2]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[3]

(l)

Decommissioning plan.

[1]

A decommissioning plan outlining the anticipated means and costs of removing the solar facility must be submitted, with the application.

[2]

[3]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

(m)

(8)

Energy system utility scale solar & wind.

(a)

The following are conditions specific to Solar Facilities:

[1]

Setbacks for a Solar facility shall be:

[a]

Front setback shall be 100 feet.

[b]

Side setback shall be 75 feet.

[c]

Rear setback shall be 75 feet.

[d]

Distance from any off-site dwelling unit shall be 100 feet.

[e]

Distance from any State recognized Scenic Byway shall be 150 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

The required setback shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[a]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[b]

[c]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[d]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[e]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

[3]

[4]

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(b)

The following are conditions specific to Wind Facilities:

[1]

Setbacks for a Wind Facility shall be:

[a]

Front setback shall be 800 feet.

[b]

Side setback shall be 800 feet.

[c]

Rear setback shall be 800 feet.

[d]

Distance from any off-site dwelling unit shall be 1,000 feet.

[e]

Distance from any State recognized Scenic Byway shall be 800 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single poles.

[3]

The facility shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

[4]

All access roads shall be gated and locked.

[5]

All power transmission lines from the tower to any other building or other structure shall be located underground to the maximum extent practical.

[6]

[7]

All structures in a project shall be finished in a single, non-reflective, matte color or a camouflage scheme.

[8]

Signs.

[a]

No advertising signs are allowed on any part of the WECS, including fencing and support structures.

[b]

No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

[c]

[9]

Noise level shall not exceed 50 dBA, including constructive interference at existing off-site residences, businesses, and public buildings.

(c)

The following are conditions required for all Utility Solar and Wind Energy Facilities

[1]

Required buffers may be counted toward planting requirements included in this Chapter.

[2]

If topsoil is removed for improvements, it shall remain on the site.

[3]

[4]

[a]

Physical removal of all solar photovoltaic facilities, wind turbines, structures, equipment, security barriers and transmission lines from the site.

[b]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[c]

[5]

Decommissioning plan.

[a]

A decommissioning plan outlining the anticipated means and costs of removing the facility must be submitted, with the application.

[b]

[c]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

[6]

(9)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

Area regulations.

(1)

Minimum lot area shall be one acre.

(2)

Maximum lot coverage shall be 80%.

(3)

Minimum lot width shall be as follows: for an interior lot 150 feet and for a corner lot 170 feet.

(4)

Height of buildings shall not exceed 35 feet, with the following exception: a motel, hotel, or aquarium may be erected to a height not exceeding 60 feet.

(5)

Minimum front yard setback shall be 30 feet.

(6)

Side yards shall be provided as follows: each lot shall have two side yards a minimum of 20 feet with a minimum aggregate width of two side yards of 50 feet.

(7)

Minimum rear yard shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023; Ord. No. 2024-11, § 2, 1-13-2025)

§ 230-15. - H-1 Institutional Development District.

Permitted uses. Permitted used for the H-1 District shall be as follows:

(1)

Medical and surgical hospitals.

(2)

Medical and dental centers, excluding drug abuse centers and freestanding detoxification centers.

(3)

Medical arts offices and buildings.

(4)

Accessory uses incidental to the permitted uses.

(5)

(6)

Nursing homes.

Conditional uses subject to special regulations. There are no listed conditional uses within this zoning district.

Area regulations.

(1)

Minimum lot area shall be one acre.

(2)

Maximum lot coverage shall be 80%.

(3)

Minimum lot width shall be 150 feet.

(4)

Height of buildings shall not exceed 50 feet.

(5)

Minimum front yard setback shall be as follows:

(a)

Thirty feet for the first 15 feet of height.

(b)

An additional 10 feet for the second 15 feet of height.

(c)

Twenty feet for each additional 15 feet of height.

(6)

Each side yard shall equal 20 feet for each 15 feet of height.

(7)

A rear yard shall be provided to equal 20 feet for each 15 feet of height.

(8)

Signs shall comply with the requirements provided in Article VI of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Parking shall comply with the requirements provided in Article IV of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-16. - I-1 Limited Industrial District.

Permitted uses. Permitted uses of the I-1 District shall be as follows:

(1)

All permitted uses of the OC-1 District and BP District.

(2)

(3)

(1)

Mini-warehouses or public storage facilities.

(2)

Radio-television facilities.

(3)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

(d)

(e)

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

[1]

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

[2]

[3]

[4]

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

[5]

[6]

[7]

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(4)

Community energy generating facility.

(a)

The footprint of the solar array, as defined as the by the outer limit of the panels and exclusive of buffers shall be no larger than 50 acres in size.

(b)

(c)

(d)

Setbacks for the Facility shall be:

[1]

Front setback shall be 75 feet.

[2]

Side setback shall be 50 feet.

[3]

Rear setback shall be 50 feet.

[4]

Distance from any off-site dwelling unit shall be 100 feet.

[5]

Distance from any State recognized Scenic Byway shall be 150 feet.

[6]

Distance from any wetlands shall be 100 feet.

(e)

The site area shall be planted to achieve a minimum six (6) foot high four- season visual barrier in accordance with the following guidelines:

[1]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[2]

[3]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[4]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[5]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

(f)

The required buffer may be counted toward planting requirements included in this Chapter.

(g)

If topsoil is removed for improvements, it shall remain on the site.

(h)

(i)

(j)

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(k)

[1]

Physical removal of all solar photovoltaic facilities, structures, equipment, security barriers and transmission lines from the site.

[2]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[3]

(l)

Decommissioning plan.

[1]

A decommissioning plan outlining the anticipated means and costs of removing the solar facility must be submitted, with the application.

[2]

[3]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

(m)

(5)

Energy system utility scale solar & wind.

(a)

The following are conditions specific to Solar Facilities:

[1]

Setbacks for a Solar facility shall be:

[a]

Front setback shall be 100 feet.

[b]

Side setback shall be 75 feet.

[c]

Rear setback shall be 75 feet.

[d]

Distance from any off-site dwelling unit shall be 100 feet.

[e]

Distance from any State recognized Scenic Byway shall be 150 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

The required setback shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[a]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[b]

[c]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[d]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[e]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

[3]

[4]

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(b)

The following are conditions specific to Wind Facilities:

[1]

Setbacks for a Wind Facility shall be:

[a]

Front setback shall be 800 feet.

[b]

Side setback shall be 800 feet.

[c]

Rear setback shall be 800 feet.

[d]

Distance from any off-site dwelling unit shall be 1,000 feet.

[e]

Distance from any State recognized Scenic Byway shall be 800 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single poles.

[3]

The facility shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

[4]

All access roads shall be gated and locked.

[5]

All power transmission lines from the tower to any other building or other structure shall be located underground to the maximum extent practical.

[6]

[7]

All structures in a project shall be finished in a single, non-reflective, matte color or a camouflage scheme.

[8]

Signs.

[a]

No advertising signs are allowed on any part of the WECS, including fencing and support structures.

[b]

No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

[c]

[9]

Noise level shall not exceed 50 dBA, including constructive interference at existing off-site residences, businesses, and public buildings.

(c)

The following are conditions required for all Utility Solar and Wind Energy Facilities

[1]

Required buffers may be counted toward planting requirements included in this Chapter.

[2]

If topsoil is removed for improvements, it shall remain on the site.

[3]

[4]

[a]

Physical removal of all solar photovoltaic facilities, wind turbines, structures, equipment, security barriers and transmission lines from the site.

[b]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[c]

[5]

Decommissioning plan.

[a]

A decommissioning plan outlining the anticipated means and costs of removing the facility must be submitted, with the application.

[b]

[c]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

[6]

(1)

(2)

(3)

All front yard areas and all areas open to public view shall be maintained in a neat and attractive condition.

(4)

(5)

(6)

(7)

All dry waste, in dust or particulate form, will be transported in closed or covered vehicles.

(8)

(9)

Area regulations.

(1)

Minimum lot area shall be two acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

Maximum building height shall be 50 feet.

(5)

Minimum front yard setback shall be 75 feet.

(6)

Minimum side yard setback shall be 40 feet.

(7)

Minimum rear yard setback shall be 45 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the rear yard/lot area.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-17. - I-2 General Industrial District.

Permitted uses. Permitted uses for the I-2 District shall be as follows:

(1)

All permitted uses in the I-1 District.

(2)

(3)

Research, design and development laboratories.

(4)

Large public utility facilities, or major uses thereof.

(1)

Tractor-trailer storage and parking facilities.

(2)

Farm machinery and truck manufacture, sales, storage and repairs.

(3)

Fertilizer storage and distribution centers.

(4)

Heating, ventilating, cooling and refrigeration manufacturing.

(5)

Trash compaction: transfer station and solid waste management system, not to include hazardous waste.

(6)

Recycling or collection facilities for paper, glass, plastics and metal.

(7)

Grain storage and processing.

(8)

Meat processing, chicken processing and seafood processing.

(9)

Aluminum recycling and smelting (small scale).

(10)

Food and vegetable cleaning, canning and freezing.

(1)

(2)

In a planned industrially zoned I-2 District, no building/structure, accessory structure or sign shall be located closer than 250 feet to any existing nonindustrial district boundary.

(3)

Fencing is required in any and all areas which would pose a threat to public safety and the security of the facility.

(4)

(5)

(6)

(7)

(8)

All dry waste, in dust or particulate form, will be transported in closed or covered vehicles.

(9)

(10)

Area regulations.

(1)

Minimum lot area shall be 2½ acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

Maximum building height shall be 50 feet.

(5)

Minimum front yard setback shall be 75 feet.

(6)

Minimum side yard setback shall be 50 feet.

(7)

Minimum rear yard setback shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-18. - OC-1 Office Complex District.

Permitted uses. Permitted uses for the OC-1 District shall be as follows:

(1)

Offices for banking institutions, technical centers, research/data centers, emergency service centers (i.e., police, fire and rescue), corporate offices and other general professional offices.

(2)

Television and radio studios (without towers).

(3)

Professional schools (nonindustrial).

(4)

Health centers and clinics (medical or dental).

(5)

Charitable and philanthropic organizations.

(6)

Day-care centers.

(7)

Indoor or outdoor recreation.

(8)

Private clubs or organizations.

(9)

Medical/dental laboratories.

Conditional uses. The following uses are permitted in the OC-1 District in accordance with the provisions within Article IX (conditional uses portion) of this chapter:

(1)

Civic and/or conference centers.

(2)

Nursing homes.

Area regulations.

(1)

Minimum lot area shall be one acre.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 100 feet.

(4)

Maximum building height shall be 70 feet.

(5)

Minimum front yard setback shall be 50 feet.

(6)

Minimum side yard setback shall be at least 15 feet, with a total combined aggregate dimension of 40 feet.

(7)

Minimum rear yard setback shall be 25 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19. - OB-1 Office Building District.

Permitted uses. Permitted uses for the OB-1 District shall be as follows:

(1)

(2)

Branch libraries and public information centers.

(3)

Government offices serving the public.

Conditional uses. Conditional uses shall be as follows:

(1)

Day-care centers.

(2)

Civic or fraternal organizations.

Area regulations

(1)

Minimum lot area.

(a)

Existing buildings/structures on site: none.

(b)

New construction (conditional use): ½ acre.

(2)

(3)

Minimum lot width.

(a)

New construction, with conditional use: 100 feet.

(b)

Existing facilities: existing dimension accepted.

(4)

Maximum building/structure heights shall not exceed the requirements set forth within this chapter for the residential zoning district in which the building/structure exists.

(5)

(6)

(7)

Minimum rear yard setback (new construction, with conditional use): 30 feet. Existing facilities shall not be allowed to encroach further into the rear yard area if the setback is less than 30 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall be located at least 5 feet from the rear lot line and at least 5 feet from the side lot line and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.1. - BP Business Park District.

Permitted uses. Permitted uses of the BP District shall be as follows:

(1)

(2)

Research, design, testing and development laboratories.

(3)

Printing, publishing, binding, packaging, storage, warehousing, distribution and trucking terminal operations and trucking schools.

(4)

Business, professional or administrative offices.

(5)

Municipal and public services and facilities, such as utility supply areas (i.e., water, sewer and electric), distribution facilities and substations.

(6)

(7)

Farm machinery manufacture, sales, storage and repairs.

(8)

Heating, ventilating, cooling and refrigeration manufacturing.

(9)

Building contractor yards.

(10)

Veterinary clinics.

(11)

Beverage blending, bottling (all types).

(12)

Boat manufacture and repair (vessels less than five tons), boat sales and service.

(13)

Dairy operations and dairy products, ice cream and cheese.

(14)

Fruit and vegetable processing, including canning, preserving, drying and freezing.

(15)

Greenhouses, commercial, wholesale or retail.

(16)

Ice manufacture, including dry ice.

(17)

Sign fabrication and painting shops.

(18)

Wood product manufacture, including baskets, boxes, crates, barrels and veneer.

(19)

Indoor or outdoor recreation.

(20)

Marijuana Cultivation Facility.

(21)

Marijuana Product Manufacturing Facility.

(22)

Registered Safety Compliance Facility.

(23)

Marijuana Testing Facility.

Conditional uses. The following uses are permitted in the BP District in accordance with the provisions within Article IX (conditional use portion) of this chapter:

(1)

Radio-television facilities.

(2)

Craft distillery and microbrewery establishments, provided that:

(a)

All permits and approvals required by the Delaware Alcoholic Beverage Commission are obtained and remain in full force and effect.

(b)

All aspects of the distilling or brewing process are completely confined within a building, including storage of all materials and finished products.

(c)

(d)

(e)

(f)

Outdoor seating and gathering areas shall be permitted subject to the following requirements:

Permanent and temporary outdoor seating and gathering areas shall be subject to building permit application and approval requirements.

ii.

iii.

iv.

All structures and uses related to outdoor seating and gathering areas and facilities are subject to the City of Milford Building Code and the City of Milford Zoning Code.

vi.

vii.

Any licensing required by the Delaware Alcoholic Beverage Control Commissioner for outdoor seating and gathering areas shall be obtained.

(1)

(2)

All front yard areas and all areas open to public view shall be maintained in a neat and attractive condition.

(3)

(4)

(5)

(6)

(7)

(8)

Walls.

(a)

Exterior front and side walls are subject to site plan approval and must be finished on the exterior with the following:

[1]

Architectural masonry units, excluding concrete block and cinder block.

[2]

Natural stone.

[3]

Precast concrete.

[4]

Steel.

[5]

Aluminum.

[6]

Glass materials or their equivalent.

(b)

(9)

Area regulations.

(1)

Minimum area for a business park will be 40 acres.

(2)

Minimum lot area shall be one acre (43,560 square feet).

(3)

Maximum impervious lot coverage shall be 75%.

(4)

Minimum lot width shall be 150 feet.

(5)

Maximum building height shall be 50 feet.

(6)

Minimum front yard setback shall be 30 feet.

(7)

Minimum side yard setback shall be 15 feet. The setback shall be computed from the berm line, not the property line.

(8)

Minimum rear yard shall be 25 feet. The setback shall be computed form the berm line, not the property line.

(9)

Parking shall comply with the requirements provided in Article IV of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Signs shall comply with the requirements provided in Article VI of this chapter.

(12)

(13)

Accessory structures shall be located in the side and rear lot areas.

(14)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023; Ord. No. 2024-11, § 2, 1-13-2025]

§ 230-19.2. - IS Institutional Service District.

Permitted uses.

(1)

Hospital and all other health-care facilities, including any and all support services related thereto.

(2)

Outpatient health-care centers and health-care facilities.

(3)

Professional and medical offices involving the diagnosis, treatment and care of humans, including any and all support services related thereto.

(4)

Medical laboratories utilized for the diagnosis, treatment, and care of humans.

(5)

Pharmacies.

(6)

Heliports.

(7)

Private education institutions and training centers.

(8)

Nursing facilities, convalescent homes, and a continued-care retirement communities.

(9)

Child or adult day-care facilities (including both day-care homes and day-care centers) to accommodate patients, patient families, health-care employers and their employees, and the public.

(10)

(11)

Cafeteria facilities snack and gift shops, banking facilities, restaurants and retail or personal service shops primarily for the use of health-care employees, patients and visitors.

(12)

Health-care uses and health-care facilities which reflect and incorporate technological advancements in the health-care industry.

(13)

Ambulance and emergency rescue services.

(14)

Maintenance and laundry facilities.

(15)

Libraries

(16)

Places of worship.

(17)

Parking areas, including parking facilities.

(18)

Publicly owned and/or health-related recreation facilities.

(19)

Rehabilitation facilities.

(20)

(21)

Auditoriums.

(22)

Modular office units.

(23)

Overnight accommodations for patient families and individuals that are receiving treatment at the hospital facility.

(24)

Public and private elementary, junior or senior high schools and colleges.

(25)

Registered Compassion Center Dispensary.

(1)

All residential uses permitted in the R-8 Zoning District subject to its area regulations.

(2)

(3)

Places of worship.

(4)

Emergency shelter facility.

(a)

The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.

(b)

All state licenses and permits for such a facility have been obtained.

(5)

Community energy generating facility.

(a)

The footprint of the solar array, as defined as the by the outer limit of the panels and exclusive of buffers shall be no larger than 50 acres in size.

(b)

(c)

(d)

Setbacks for the Facility shall be:

[1]

Front setback shall be 75 feet.

[2]

Side setback shall be 50 feet.

[3]

Rear setback shall be 50 feet.

[4]

Distance from any off-site dwelling unit shall be 100 feet.

[5]

Distance from any State recognized Scenic Byway shall be 150 feet.

[6]

Distance from any wetlands shall be 100 feet.

(e)

The site area shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[1]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[2]

[3]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[4]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[5]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

(f)

The required buffer may be counted toward planting requirements included in this Chapter.

(g)

If topsoil is removed for improvements, it shall remain on the site.

(h)

(i)

(j)

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(k)

[1]

Physical removal of all solar photovoltaic facilities, structures, equipment, security barriers and transmission lines from the site.

[2]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[3]

(l)

Decommissioning plan.

[1]

A decommissioning plan outlining the anticipated means and costs of removing the solar facility must be submitted, with the application.

[2]

[3]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

(m)

(6)

Energy system utility scale solar & wind.

(a)

The following are conditions specific to Solar Facilities:

[1]

Setbacks for a Solar facility shall be:

[a]

Front setback shall be 100 feet.

[b]

Side setback shall be 75 feet.

[c]

Rear setback shall be 75 feet.

[d]

Distance from any off-site dwelling unit shall be 100 feet.

[e]

Distance from any State recognized Scenic Byway shall be 150 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

The required setback shall be planted to achieve a minimum six-foot high four-season visual barrier in accordance with the following guidelines:

[a]

Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.

[b]

[c]

Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.

[d]

The buffer shall be maintained to prevent disease from spreading and any trees that don't survive shall be replaced.

[e]

A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.

[3]

[4]

Signage, not to exceed six square feet, identifying the operator, its contact numbers, 911 address and emergency contact information shall be posted at each entrance or exit of the property.

(b)

The following are conditions specific to Wind Facilities:

[1]

Setbacks for a Wind Facility shall be:

[a]

Front setback shall be 800 feet.

[b]

Side setback shall be 800 feet.

[c]

Rear setback shall be 800 feet.

[d]

Distance from any off-site dwelling unit shall be 1,000 feet.

[e]

Distance from any State recognized Scenic Byway shall be 800 feet.

[f]

Distance from any wetlands shall be 100 feet.

[2]

No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single poles.

[3]

The facility shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

[4]

All access roads shall be gated and locked.

[5]

All power transmission lines from the tower to any other building or other structure shall be located underground to the maximum extent practical.

[6]

[7]

All structures in a project shall be finished in a single, non-reflective, matte color or a camouflage scheme.

[8]

Signs.

[a]

No advertising signs are allowed on any part of the WECS, including fencing and support structures.

[b]

No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

[c]

[9]

Noise level shall not exceed 50 dBA, including constructive interference at existing off-site residences, businesses, and public buildings.

(c)

The following are conditions required for all Utility Solar and Wind Energy Facilities

[1]

Required buffers may be counted toward planting requirements included in this Chapter.

[2]

If topsoil is removed for improvements, it shall remain on the site.

[3]

[4]

[a]

Physical removal of all solar photovoltaic facilities, wind turbines, structures, equipment, security barriers and transmission lines from the site.

[b]

Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

[c]

[5]

Decommissioning plan.

[a]

A decommissioning plan outlining the anticipated means and costs of removing the facility must be submitted, with the application.

[b]

[c]

The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning.

[6]

Area regulations.

(1)

The minimum area to request an Institutional Service District shall be 20 acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

(5)

Minimum front yard setback shall be 50 feet.

(6)

Side yards shall be a minimum of 50 feet.

(7)

Minimum rear yard setback shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023; Ord. No. 2024-11, § 2, 1-13-2025]

§ 230-19.3. - IM Institutional Medical District.

Purpose. The Institutional Medical District is intended to achieve the following:

(1)

To encourage a harmonious pattern of institutional development which can mutually benefit the City of Milford and the institutions themselves.

(2)

Permitted uses.

(1)

Outpatient health-care clinics.

(2)

Professional offices, medical offices, and medical laboratories involving the diagnosis, treatment and care of humans, including any and all support services related thereto.

(3)

Private education institutions and training centers related to health care (but not including other trade schools).

(4)

Nursing facilities and/or convalescent homes.

(5)

Child or adult day-care facilities (including both day-care homes and day-care centers) to accommodate patients, patient families, health-care employers and their employees, and the public.

(6)

Data and computer processing, and similar uses and structures which reflect and incorporate technological advancements.

(7)

Parking areas, including parking facilities.

(8)

Rehabilitation facilities and fitness centers related to health-care fitness and wellness.

(9)

(10)

Public and private elementary, junior or senior high schools and colleges.

(11)

(12)

Pharmacies.

(13)

Hospitals and all other health-care facilities, including any and all support services related thereto.

(1)

All residential uses permitted in the R-8 Zoning District subject to its area regulations.

(2)

(3)

Emergency shelter facility.

(4)

Places of worship.

Area regulations.

(1)

The minimum area to request an Institutional Medical District shall be 20 acres.

(2)

Maximum lot coverage shall be 75%.

(3)

Minimum lot width shall be 150 feet.

(4)

(5)

Minimum front yard setback shall be 30 feet

(6)

Side yards shall be a minimum of 20 feet with an aggregate of 50 feet.

(7)

Minimum rear yard setback shall be 50 feet.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(10)

Signs shall comply with the requirements provided in Article VI of this chapter.

(11)

(12)

Accessory structures shall be located in the side and rear lot areas.

(13)

Accessory structures shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.4. - R-8 Garden Apartment and Townhouse District.

Permitted uses. Permitted uses for the R-8 District shall be as follows:

(1)

All uses permitted in an R-2 District

(2)

Single-family semi-detached dwellings.

(3)

Two-family dwellings.

(4)

Townhouses.

(5)

Garden Apartments.

(1)

Rooming or boarding houses.

(2)

Business or professional offices (nonresident); minimum lot size one acre.

(3)

Nursing homes; minimum lot size one acre.

(4)

Manufactured home parks.

(5)

Tiny home village.

Area regulations.

(1)

Single-family and two-family dwellings shall be subject to the following area regulations:

(a)

Minimum lot area shall be 7,500 square feet.

(b)

Maximum building coverage shall be 40%.

(c)

Minimum lot width shall be 60 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

Side yards shall be provided as follows: Each lot shall have at least two side yards eight feet in width.

(f)

Minimum rear yard setback shall be 15 feet. For corner lots, the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(2)

Single-family semi-detached.

(a)

Minimum interior lot area shall be 4,000 square feet and minimum corner lot area shall be 6,500 square feet.

(b)

Maximum lot coverage shall be 40%.

(c)

Minimum lot width shall be 40 feet.

(d)

Minimum front yard setback line shall be 30 feet.

(e)

Side yards shall be provided as follows: each lot shall have at least one side yard setback per lot eight feet in width.

(f)

Minimum rear yard setback shall be 15 feet. For corner lots, the rear yard setback may be reduced 20% in depth to allow for skewing of a residential dwelling on the lot.

(3)

Townhouse.

(a)

Minimum townhouse project size shall be one acre.

(b)

Minimum lot area shall be 2,000 square feet.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 20 feet.

(e)

Minimum front yard setback line shall be 30 feet.

(f)

Minimum rear setback shall be 30 feet.

(g)

Minimum side yard setback shall be 10 feet, aggregate of 30 feet.

(h)

The number of dwelling units per group shall not exceed eight nor be fewer than three.

(i)

The number of dwelling units per acre shall not exceed 8.

(j)

(4)

Garden or low-rise apartments.

(a)

Minimum apartment project size shall be one acre, with a minimum of 2,500 square feet of lot area for each dwelling unit.

(b)

Maximum lot coverage shall be 80%.

(c)

Minimum lot width shall be 50 feet.

(d)

Minimum front yard setback shall be 30 feet.

(e)

Minimum rear yard setback shall be 30 feet.

(f)

Minimum side yard setback shall be 20 feet.

(g)

The maximum number of dwelling units per building shall be 24.

(h)

The number of dwelling units per acre shall not exceed 8.

(i)

Distance between buildings or group of buildings shall be as follows: each building or group of buildings shall be at least 25 feet from any other building or groups of buildings.

(5)

Manufactured Home Parks.

(a)

The total area to be developed as a mobile home park shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 8.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 40 feet.

(e)

Minimum lot area shall be 4,000 square feet.

(f)

Minimum front yard setback shall be 25 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Mobile homes must meet the requirements of the Federal Manufacturer Housing Construction and Safety Standard Act of 1974.

(6)

Tiny Home Village.

(a)

The total area to be developed as a tiny home village shall be at least one acre.

(b)

The number of dwelling units per acre shall not exceed 12.

(c)

Maximum lot coverage shall be 60%.

(d)

Minimum lot width shall be 25 feet.

(e)

Minimum lot area shall be 2,000 square feet.

(f)

Minimum front yard setback shall be 20 feet.

(g)

Minimum rear yard setback shall be 15 feet.

(h)

Minimum side yard setback shall be 8 feet.

(i)

Tiny homes must meet the requirements of the adopted building code of the City of Milford.

(7)

Height of buildings shall not exceed 35 feet. Accessory buildings shall not exceed 15 feet in height.

(8)

Parking shall comply with the requirements provided in Article IV of this chapter.

(9)

Signs shall comply with the requirements provided in Article VI of this chapter.

(10)

Landscape screening shall comply with the requirements provided in Article V of this chapter.

(11)

Open space and recreational amenities shall comply with the requirements of Chapter 230-19.7.

(12)

(13)

Accessory structures for non-residential uses shall be located in the side and rear lot areas.

(14)

Accessory structures for non-residential uses shall meet the principal use setbacks and shall not be located less than 5 feet from a principal structure.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.5. - Source Water Protection District.

Superimposed district; effect on other provisions.

(1)

(2)

The requirements and provisions established in this district shall prevail over conflicting requirements of the zoning and subdivision ordinances.

Source water protection area maps.

(1)

(2)

Source water protection standards.

(1)

For a confined wellhead, the wellhead protection area shall be 150 feet from the wellhead.

(2)

For an unconfined wellhead generating fewer than 50,000 gallons a day, the wellhead protection area shall be 150 feet from the wellhead.

(3)

(4)

The area contained within a source water protection area shall be divided into zones:

(a)

Zone 1: a surface area extending in a radius of 150 feet around the wellhead.

(b)

Zone 2: the remaining surface area of a delineated wellhead protection area outside of Zone 1.

(c)

Zone 3: excellent groundwater recharge areas.

(5)

Zone 1 requirements.

(a)

Permitted uses.

[1]

Infrastructure, equipment, buildings, access and other uses associated with the well, distribution and treatment facilities of the water system and their maintenance.

[2]

(b)

Prohibited uses.

[1]

See Table 01: Land Use Restrictions and Uses Source Water Protections Areas

(6)

Zone 2 requirements.

(a)

Permitted uses.

[1]

(b)

Prohibited uses.

[1]

See Table 01: Land Use Restrictions and Uses Source Water Protections Areas

(c)

Stormwater management.

[1]

[2]

(d)

Impervious cover.

[1]

(e)

Underground storage tanks (UST).

[1]

[2]

(f)

Above ground storage tanks.

[1]

(7)

Zone 3 requirements.

(a)

Permitted uses.

[1]

Uses permitted within the underlying zoning district unless prohibited by this section.

[2]

(b)

Prohibited uses.

[1]

See Table 01: Land Use Restrictions and Uses Source Water Protections Areas

(c)

Stormwater management and impervious cover.

[1]

[2]

[3]

[4]

Discharge from roof drains, containment areas or impoundments that have run-off from an area that may contain contaminants from mechanical systems shall be segregated and treated prior to discharge.

(d)

Underground storage tanks (UST).

[1]

[2]

(e)

Above ground storage tanks.

[1]

Aboveground storage tanks with a capacity greater than 12,499 gallons containing petroleum or hazardous substances, and ASTs with a storage capacity greater than 39,999 gallons containing diesel, heating fuel or kerosene shall be permitted in Zone 3 if the ASTs are designed, constructed, operated and maintained with the applicable requirements in the Delaware Regulations Governing Aboveground Storage Tanks.

Table 01: Land Use Restrictions and Uses Source Water Protections Areas.

No - Prohibited

Yes - Allowed

C - Conditional

Land Use	Well Head Protection Area		Excellent Ground-Water Recharge Potential Area
	Zone 1	Zone 2	Zone 3
Aboveground Storage Tanks	NO	C	C
Automobile body/repair shop	NO	NO	C
Chemical processing/storage facilities	NO	NO	C
Dredge Spoil Sites	NO	NO	C
Dry cleaner	NO	NO	NO
Electrical/electronic manufacturing facility	NO	NO	C
Equipment maintenance/fueling areas	NO	NO	C
Fleet/trucking/bus terminal	NO	NO	C
Gas station	NO	C	C
Hazardous Waste: Treatment, Storage & Disposal Facilities	NO	NO	C
† Dry Wells/sumps	NO	C	YES
†† Injection wells	NO	C	C
Junk/scrap/salvage yard	NO	NO	NO
Machine shop	NO	NO	C
Metal plating/finishing/fabricating facility	NO	NO	C
Mines/gravel pits	NO	NO	C
On-Site wastewater treatment and disposal systems	NO	NO	C
Salvage operations	NO	NO	NO
Sanitary and Industrial Landfills	NO	NO	NO
Tire Piles	NO	NO	NO
Underground storage tanks	NO	C	C
Vehicle repair	NO	NO	C
Vessel storage	NO	NO	C
Waste sludge storage or application	NO	NO	C
Wood preserving/treating facility	NO	NO	NO

† Dry wells/sumps, except for single-family residences directing gutter downspouts to a drywell

†† Injection wells other than those used in the remediation of ground water contamination that inject oxygen-releasing compounds

Boundary determination for source water protection areas.

(1)

(2)

DNREC SWAPP may, when based on sound science and information, revise and update the overlay maps of wellhead protection areas.

(3)

The Delaware Geological Survey (DGS) may, when based on sound science and information, revise and update the overlay maps of good or excellent groundwater recharge potential areas.

(4)

(a)

A detailed topographic layout of the subdivision and/or area to be developed and prepared by a state-registered professional land surveyor or professional geologist;

(b)

(c)

(d)

Environmental impact assessment report.

(1)

(2)

(3)

(a)

Site description of proposed development within the water resource protection area.

(b)

Climatic water balance comparing predevelopment and postdevelopment recharge potential.

(c)

Subsurface exploration, including borings, test pits, and infiltration tests.

(d)

Design of groundwater recharge facilities that assure water quality as well as quantity.

(e)

Construction and maintenance considerations.

(f)

Recommended groundwater monitoring plan.

(g)

Replacement and new wells.

(1)

(2)

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.6. - Transfer of development rights.

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.7. - Open space, recreation and other public facilities.

Recreation areas.

(1)

(2)

(3)

(4)

Design guidelines.

(a)

(b)

Pedestrian oriented. Recreation areas shall be pedestrian oriented and designed with linkages to existing and planned public walkways and with other existing or planned recreation areas.

(c)

Age oriented. The nature and scope of planned recreation areas shall reflect an awareness of, and sensitivity toward, the anticipated age groups that would reside within the proposed development.

(d)

Parking. Designs consider the need for parking facilities associated with recreation areas.

(e)

(f)

(g)

(h)

Area. The minimum area of a remote recreation area shall be 2,000 square feet.

(5)

(6)

Cash in lieu of recreation area construction.

(a)

(b)

Separate recreation account. The cash donation shall be deposited in a separate account to be used for parks, playgrounds or recreational purposes.

(c)

(d)

Payment of cash donation. One hundred percent cash donation provided under this section shall be collected prior to issuing the first building permit for the development.

Passive Open space.

(1)

(2)

(3)

(4)

Design guidelines.

(a)

Width. Land areas shall be at least 20 feet in width.

(b)

(c)

Linked. Open spaces shall attempt to be contiguous and designed with linkages to existing and planned public walkways and with other existing or planned recreation areas.

(5)

Area required. In no case shall the City require that more than five percent of the gross area of the development be so dedicated or reserved.

Public facilities.

(1)

(2)

(3)

(4)

(5)

Management and maintenance of common open space and recreational areas.

(1)

(2)

Homeowners' association requirements. If a homeowners' association or open space trust is formed, it shall be governed according to the following:

(a)

(b)

Exemption to recreation area and open space dedication.

(1)

Exemptions for small developments.

(a)

(b)

(c)

(2)

(3)

Separate recreation account. The cash donation shall be deposited in a separate account to be used for parks, playgrounds or recreational purposes.

(4)

Payment of cash donation. One hundred percent cash donation provided under this [sub]section shall be collected prior to issuing the first building permit for the development.

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.8. - Tree Planting and Preservation.

Definitions.

CALIPER DIMENSION — The term "caliper dimension" means an outside diameter measurement of the trunk of a tree measured at a vertical distance of three feet above grade.

DESIGN PROFESSIONAL — The term "design professional" shall be any person licensed as a landscape architect or architect, or Delaware certified nursery professional.

Tree preservation.

(1)

(2)

(3)

(4)

Woodland preservation.

(1)

(2)

(3)

Maximum clearing requirement. Specifically, no more than 50 percent of a lot, parcel or tract of land occupied by woodland vegetation may be cleared for any purpose.

Tree preservation and planting in nonwoodlands.

(1)

(2)

(3)

(4)

Tree protection and planting requirements.

(1)

Application. The following guidelines and standards shall apply to activities regulated under Chapter 200 or Chapter 230:

(2)

(3)

(4)

Tree preservation, planting and selective clearing plans.

(1)

Tree mitigation.

(1)

(a)

(b)

(c)

[1]

A physical hardship related to the land which would otherwise prohibit compliance on the subject site.

[2]

Whether the mitigation plan proposed by the applicant is superior in terms of environmental benefits, tree quality, or aesthetic qualities compared to strict compliance with the ordinance on-site.

(2)

(a)

If trees have been removed from non-woodland areas, new tree plantings shall be provided in accordance with the table below:

Caliper Dimension of Trees Removed	Number of Trees Required	Caliper dimension at Planting
25″ or larger	5 trees	3″
17″ to 24″	3 trees	3″
9″ to 16″	3 trees	3″
8″ or less	2 trees	3″

* Note—All trees replanted must be guaranteed to survive a minimum of one year.

(b)

(c)

[1]

A physical hardship related to the land which would otherwise prohibit compliance on the subject site.

[2]

Whether the mitigation plan proposed by the applicant is superior in terms of environmental benefits, tree quality, or aesthetic qualities compared to strict compliance with the ordinance on-site.

(3)

The City Council or Planning Commission may require tree mitigation areas to be planted in permanent conservation through deed restrictions, conservation easements, or donations to land trusts.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

§ 230-19.9. - Planned Unit Development.

Permitted uses. Uses, accessory uses and signs permitted in any residential district shall be permitted in accordance with the additional requirement and provisions of the article.

Zoning Category	Minimum Lot Area
R-1	10,000 square feet
R-2	8,000 square feet
R-3	3,630 square feet
R-8	3,630 square feet

A planned unit development shall be subject to the same review procedures as for a major subdivision as provided in Chapter 200, Subdivision of Land.

Neighborhood commercial.

(1)

Permitted neighborhood commercial uses. The following neighborhood commercial uses are permitted in a planned unit development:

(a)

Retail goods and services.

(b)

Child-care center (care for fewer than 24 children).

(c)

Food services (grocery/convenience: cafe, coffee shop, but no facility with fuel distribution).

(d)

Medical and dental offices, clinics, and laboratories.

(e)

Professional and administrative offices.

(f)

Repair services, conducted entirely within the building. (Auto repair and similar uses are not permitted.)

(g)

Mixed use building (residential, including rentals, with other permitted use).

(h)

Laundromats or dry cleaners.

(i)

Art, music, or photography studio.

(j)

Personnel service (barbershop, salons, video rental, fitness center and similar uses).

(k)

Allowable uses (e.g., swimming pools, clubhouse and associated sport and exercise areas, tennis courts).

(2)

(3)

(4)

Storage. Except for plants and garden supplies, overnight storage is not permitted.

(5)

(6)

Planned Unit Developments are subject to the Recreation, Open Space and other Public Facilities sections of this Chapter.

[Ord. No. 2022-06, 1-24-2022]

§ 230-19.10. - Wireless Communication Facilities.

(1)

By enacting these provisions, the city intends to:

(a)

Promote the deployment of wireless communications facilities in the city while regulating their location and number to ensure the provision of necessary services;

(b)

(c)

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, small cells, cable, Wi-Fi and other wireless communications facilities;

(d)

(e)

Preserve the character of the city's neighborhoods and corridors;

(f)

(g)

Promote the health, safety and welfare of the city's residents.

Definitions.

COLLOCATION — The mounting of one or more WCFs, including antennae, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

EQUIPMENT COMPOUND — An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

FCC — Federal Communications Commission.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF) — A wireless communications facility that meets the following criteria:

(1)

The structure on which antenna facilities are mounted

(a)

Is 50 feet or less in height; or

(b)

Is no more than 10% taller than other adjacent structures; or

(c)

Is not extended to a height of more than 50 feet or by more than ten percent above its preexisting height as a result of the collocation of new antenna facilities.

(2)

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

(3)

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and

(4)

The facilities do not require antenna structure registration under 47 CFR Part 17; and

(5)

The facilities are not located on Tribal lands, as defined under 36 CFR §800.16(x); and

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR §1.1307(b).

WIRELESS — Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

(1) Small WCF described in 230-19.10(F).

(2) Non-tower WCF described in 230-19.10(G).

(3) Tower WCF described in 230-19.10(H).

(1)

(2)

Nonconforming uses. The following provisions shall apply to all buildings, support structures, and uses as related to wireless communication facilities:

(a)

(b)

Collocation of antennae is permitted on non-conforming structures.

(c)

Collocation of non-tower WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is non-conforming as to use within a zoning district.

(d)

Type of Activity determination. The following provisions outline the types of wireless communication facility applications.

(1)

(2)

(3)

New facility. The WCF application type is classified as a new facility if it involves the construction and placement of a new wireless support structure and does not meet the definition of small WCF.

(4)

(1)

Location within public right-of-way. WCF applicants proposing a WCF to be located within the public right-of-way, shall be required to obtain application approvals as follows:

(a)

(b)

(c)

(d)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(e)

Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 230-19.10 for the type of WCF.

(f)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in City Fee Schedule as adopted by resolution by City Council.

(2)

Compliance with zoning ordinance. The following section of the zoning ordinance shall be adhered to, as applicable, in the approval of a WCF application:

(a)

(3)

Eligible facilities request. WCF applicants proposing an eligible facilities request shall be required to obtain application approvals as follows:

(a)

Type. WCF Applicant shall designate in writing that the application constitutes an eligible facilities request pursuant to 47 CFR §1.6100 and as defined by this Section 230-19.10.

(b)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88 - Building Construction.

(c)

Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 230-19.10 for the type of WCF.

(d)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(4)

Substantial change activity. WCF applicants proposing a substantial change activity shall be required to obtain application approvals as follows:

(a)

Type. WCF Applicant shall designate in writing that the application constitutes a substantial change activity as defined by this Section 230-19.10.

(b)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(c)

(d)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(5)

(a)

Conditional use authorization required. Any WCF applicant proposing the construction of a new facility shall first obtain conditional use authorization pursuant to Chapter 230-48.

(b)

Documentation. The conditional use application shall demonstrate that the proposed WCF complies with all applicable provisions of Section 230-19.10 based on the type of facility.

(c)

Conditional use application requirements. The additional requirements for conditional use applications shall include the following:

ii.

Documentation demonstrating that the proposed tower-based WCF complies with all applicable state and federal laws and regulations concerning aviation safety.

iii.

Evidence that the owner of the property on which the tower-based WCF is proposed has granted authorization to construct and operate the tower-based WCF.

iv.

(d)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(e)

(f)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(6)

New small WCF. WCF applicants proposing a new small WCF that does not qualify as an eligible facilities request shall be required to obtain application approval as follows:

(a)

Type. WCF applicant shall designate in writing that the application constitutes a small WCF as defined by this Section 230-19.10.

(b)

Permit. Obtain a WCF building permit from the city in accordance with applicable permit policies and procedures pursuant to Chapter 88, Building Construction.

(c)

(d)

Fee. Each application to be approved under this section shall be accompanied by fees as provided for in the City Fee Schedule as adopted by resolution by City Council.

(e)

(7)

Timing of approvals. Each specific type of WCF is subject to specific approval timeframes. Such timeframes shall be subject to the tolling procedures established by the FCC.

(a)

Small WCF: Timing of approval for all small WCF facilities that do not meet the definition of eligible facilities request. Once a WCF application is submitted these are the approval time lines:

ii.

iii.

(b)

ii.

iii.

(c)

ii.

(8)

Fees. Each application for permit or plan approval shall be accompanied by a fee as provided for in the City Fee Schedule as adopted by resolution by City Council.

(a)

(b)

Small wireless communication facilities (small WCF). The following regulations shall apply to all small WCF and associated wireless support structures as defined by this Section 230-19.10.

(1)

Location.

(a)

Small WCF are permitted to be located in all city zoning districts subject to the application requirements of this Section 230-19.10.

(b)

Small WCF are subject to compliance with zoning ordinance provisions outlined in Section 230-19.10(E)(2).

(c)

Small WCF are permitted to be located within the public right-of-way subject to application requirements of this Section 230-19.10.

(2)

Development regulations.

(a)

Sizing. To be considered as small WCF, the WCF must comply with the criteria established in the definition of small wireless communications facility in Section 230-19.10(B).

(b)

(c)

(d)

(e)

(f)

(3)

(1)

Location.

Non-tower WCF are permitted to locate in all city zoning districts subject to the application requirements of this Section 230-19.10.

ii.

Non-tower WCF are subject to compliance with zoning ordinance provisions outlined in Section 230-19.10(B).

iii.

Non-tower WCF are permitted to be located within the public right-of-way subject to application requirements of this Section 230-19.10.

iv.

Non-tower WCF shall be collocated on existing wireless support structures, such as poles, certain existing buildings or tower-based WCF.

(2)

(3)

Development regulations.

Sizing. To be considered as non-tower WCF, the WCF must comply with the criteria established in the definition of non-tower wireless communications facility in Section 230-19.10(B).

ii.

iii.

Replacement of existing support structure. The replacement of an existing support structure with a similar structure that is required to support the weight of the proposed WCF is allowed.

iv.

Fences. A security fence with a minimum height of six feet and a maximum height of eight feet shall surround any separate equipment compound located outside the right-of-way.

vi.

Access. Vehicular access to the accessory equipment building or equipment compound shall not interfere with the parking or vehicular circulations on the site for the principal use.

(4)

(1)

(a)

In approving the conditional use, the City Council may take into consideration the following:

[1]

[2]

Encourage compatibility with the character and type of development existing in the area;

[3]

Prevent a negative impact on the aesthetic character of the community;

[4]

Preserve woodlands and trees existing at the site to the greatest possible extent; and

[5]

Encourage sound engineering and land development design and construction principles, practices and techniques.

(b)

(2)

Location.

(a)

Tower-based WCF are allowed by a conditional use permit within the BP, I-1, I-2, C-3 and IS zones.

(b)

Tower-based WCF are subject to the application requirements of this Section 230-19.10.

(c)

Tower-based WCF are subject to compliance with zoning ordinance provisions outlined in Section 230-19.10(E)(2).

(3)

Uses on property.

(a)

Principal use. A tower-based WCF shall be permitted as a sole principal use on a lot.

(b)

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another permitted use.

(c)

Existing uses. The existing use on the property may be any permitted use in the applicable zoning district and need not be affiliated with the WCF.

(d)

Ability to use. Where applicable, the WCF owner shall present documentation that the property owner has granted an easement or other property right for the proposed facility.

(4)

Development regulations.

(a)

(b)

(c)

(5)

Design standards.

(a)

Multiple antennae. Any proposed tower-based WCF shall be designed structurally to accommodate both the WCF applicant's antennae and at least two comparable antennae for future users.

(b)

Security. Any tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.

(c)

(d)

Surrounding environs. Existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.

(e)

Fences. A security fence having a minimum height of six feet and a maximum height of eight feet shall surround any tower-based WCF, as well as guy wires, equipment compound or housing WCF equipment.

(f)

(g)

(h)

(i)

Accessory equipment. Accessory equipment not exceeding 500 square feet in area shall be permitted for each unrelated company sharing space on the tower-based WCF.

(j)

(h)

(1)

Standards for wireless communication facilities.

(a)

(b)

Aviation safety. WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(c)

Interference. WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services by occupants of nearby properties.

(d)

(e)

(f)

(g)

Engineer seal and signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the State of Delaware.

(h)

(2)

Maintenance and care of wireless communications facilities.

(a)

(b)

[1]

The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2]

Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.

[3]

All maintenance activities shall conform to industry maintenance standards.

(c)

Lighting. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the city.

(d)

Graffiti. Any graffiti on the WCF or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the city.

(3)

(4)

Construction and repairs in the right-of-way.

(a)

(b)

(c)

(d)

[1]

The construction, repair, maintenance or installation of any city or other public improvement in the right-of-way;

[2]

The operations of the city or other governmental entity in the right-of-Way;

[3]

Vacation of a street or road or the release of a utility easement; or

[4]

An emergency as determined by the city.

In such cases the city will make reasonable efforts to assist the WCF owner in identifying and permitting an alternate location for the WCF.

(5)

(a)

Complete removal of the structure of a tower-based WCF shall require a demolition permit in accordance with permit policies and procedures pursuant to Chapter 88, Building Construction.

(b)

(c)

(d)

[Ord. No. 2022-15, § 3, 3-28-2022]