A.

A building, structure or use which is not in conformity with the provisions of this chapter at the effective date of its adoption may be continued in this present location, provided that no subsequent alteration or addition is made which would extend said building, structure or use for more than 20% of the cubicle content of the building or buildings or structure or structures existing and used for the nonconforming use or for more than 20% of the lot area existing and used for the nonconforming use. Any building or structure addition shall conform to the area and height regulations of the district where it is located.

B.

Whenever a nonconforming use has been discontinued for a period of one year, such use shall not be reestablished, and any further use shall be in conformity with the provisions of this chapter, except that when such discontinuance is on account of any cause beyond the control of the owner or tenant, the period of abandonment shall, for the purpose of this chapter, date from the termination of such cause.

C.

Nothing in this chapter shall require any change in the plans, construction or designated use of any building or part thereof, the construction of which shall be lawfully in progress at the time of passage of this chapter or for which a permit shall have been issued pursuant to law, provided that construction shall be promptly and diligently pursued.

D.

In any case where a district boundary line crosses a building which existed at the time such boundary was established, a use permitted in the less restricted of the two districts may be extended as a nonconforming use during the life of said building into that part of the building situated within the more restricted district.

E.

When in the public interest and where loss or damage has occurred to property, to include land and/or buildings occupied by nonconforming uses, and where such loss or damage has occurred through the action of a governmental agency, the Board of Adjustment, as provided in Article VII of this chapter, may grant as a variance, after a public hearing, continuance of the nonconforming use. The Board of Adjustment may further limit but not extend such nonconforming use, to include the size and location on the land of any reconstructed buildings, the modification of existing buildings and the use of the property either on the same lot or on a contiguous lot under the same ownership at the time of enactment of this chapter.

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

Nothing in this chapter shall prevent the restoration of a building destroyed less than 75% of its current sound value, exclusive of the foundation, provided that the restoration shall begin within 12 months from the time of such destruction. If the restoration of such building does not commence within the said one-year period, the non-conforming use of such building shall be deemed to have been discontinued unless such non-conforming use is carried on without interruption in the undamaged portion of such structure.

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

A.

Accessory structures shall be permitted only on the same lot with the building to which they are accessory. All accessory structures shall not dominate the principal building and shall be such as to not alter the character of the premises on which they are located or impair the neighborhood.

B.

Accessory structures and uses attached to a principal building, including attachment by means of a breezeway or roof passage, shall comply in all respects with the yard requirements for the principal building.

C.

Accessory structures which are not part of the main building shall be located in the rear or side yard area. Detached accessory structures shall not be located less than 5 feet from the principal building. Exception: Wood frame decks on pier foundations without a roof shall not be considered part of the principal structure for the purpose of this Chapter.

D.

A private aboveground swimming pool or at grade swimming pool that is permitted as an accessory use on a residential lot shall be located so that the edge of the facility, including any deck or patio is at least 10 feet from each property line.

E.

Each community recreational facility such as a tennis court, basketball court or at-grade swimming pool shall be located at least 25 feet from each lot line, structure, dwelling unit and any right-of-way.

F.

Storage containers.

(1)

Storage container means any factory-built container or part thereof designed or used for freight or storage and includes, but is not limited to, Conex boxes and sea-land containers. Such containers are typically originally designed for transport, but when intended to be used in a fixed location for more than six months are considered accessory structures for the purposes of this chapter.

(2)

Storage containers shall not be used as principal structures in any zone.

(3)

Storage containers may be permitted as a permanent accessory structure within the BP, I-1 and I-2 zones and shall meet the requirements for accessory structures within those zoning categories.

(4)

Storage containers may be permitted as a permanent accessory structure within the C-3, IM, IS and H-1 zones subject to receiving a conditional use approval from City Council.

(5)

Storage containers for use as permanent accessory structures are prohibited in the R-1, R-2, R-3, R-8, C-1, OB-1, OC-1, C-2 and C-2A zoning districts.

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

A.

Fences may be erected, altered or reconstructed based on the below requirements.

(1)

Fences shall not exceed heights based on the below table. The use of barb wire or protective extension shall be based on the below table.

(2)

Privacy fences are not permitted in the front yard area except in the I-1, I-2, BP, IM or IS zoning districts for non-residential uses.

(3)

Corner visibility. In all zones within the City, no fence in excess of three feet in height above the adjacent street grade, shall be erected, placed or maintained on any corner lot within the triangular area formed by intersecting right-of-way lines. Two sides of the triangular area shall be 25 feet in length and measured from the point of intersection of the right-of-way lines.

(4)

Deviations in the height regulations may be granted by the Planning Commission and/or City Council as part of a Site Plan or Subdivision review.

(5)

Fences must be constructed with appropriate fencing materials, including but not limited to, chain link, vinyl, pressure treated wood, cedar, salt treated or other weather resistant material.

(6)

Fences and gates must be maintained in good working order as outlined in Chapter 174, Property Maintenance.

(7)

The construction of a fence requires a building permit from the City of Milford.

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

A.

Height of buildings; exceptions to height limitations. In any district the maximum height provisions shall not apply to spires, domes, cupolas, belfries, chimneys, smokestacks, flagpoles, water tanks or towers, observation towers, transmission towers, lofts, silos, antennas and the necessary supports; solar collectors, defined as any device or combination of devices, structures or part of a device or structure that transforms direct solar energy and that contributes to a structure's energy supply; or a parapet wall extending not more than four feet above the limit of the height of the building on which it rests, nor shall these provisions apply to elevator enclosures, water tanks on roofs or scenery lofts which occupy an aggregate of not over 25% of the ground floor area of the building.

B.

Building setback lines.

(1)

In any district, when the average setback of existing buildings within 200 feet of the side lot lines and within the same block format on the same side of the street and zoning district is less than such required distance, such building need not be set back from the front street line any further than such average setback, provided that where any business or industrial building is erected within 50 feet along the same street frontage of a residential district, such building shall be set back a distance of 75% of the setback required for that residential district.

(2)

Corner lots. On a corner lot, each story or part of a building, exclusive of cornices, uncovered steps and uncovered porches, shall be set back from the side street line the same distance as the required setback from the front street line as required in that district.

(3)

Architectural features such as windows, sills, chimneys, cornices, eaves or bay windows may project no more than three feet into a required yard area and no closer than five feet from any lot line. The sum of the bay window projections on a wall may not exceed ¼ of the length of the wall.

(4)

An open unenclosed porch, patio, or deck may project into required side and rear setback areas, provided that all such structures shall observe a minimum setback of 10 feet from the rear property line and be no closer to the side property line than the principal dwelling setback or 10 feet, whichever is less. Any enclosed porch, patio, or deck, or porch having a roof and capable of being enclosed, shall be considered a part of the principal structure in the determination of the size of the setback or the amount of lot coverage.

(5)

Handicapped ramps open, unenclosed and not covered by a roof or canopy may extend into the required front, side and rear yard setbacks, but in no case can any portion of the ramp extend into the right-of-way or onto a side or rear property line.

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

The following uses and activities shall be specifically prohibited in any zone in the City of Milford:

A.

Automobile wrecking yards, junkyards or the sorting and baling of scrap metal, paper, rags, glass or other scrap material.

B.

The parking, storing or keeping of a dismantled, inoperative or discarded motor vehicle, to include, but not limited to cars, boats, boat trailers, campers, tractors or any parts thereof unless within an enclosed building. All vehicles requiring tags/registration must be valid at all times and vehicles maintained in its original configuration. All boats requiring a trailer for transportation must be stored on a registered trailer.

C.

Outdoor woodburning furnaces.

(1)

The construction and operation of outdoor woodburning furnaces is hereby prohibited within the City of Milford.

(2)

Nonconforming uses. All outdoor woodburning furnaces within the City of Milford must cease operations by August 31, 2011, and be removed by the property owner from the subject premise no later than October 31, 2011. This will allow sufficient time for an alternate source of heat to be established. During the transition, such use shall conform with the following provisions:

(3)

Only firewood and untreated lumber are permitted to be burned in any outdoor furnace.

(4)

Wood must be stored in a neat pile no closer than five feet from side and rear property lines.

D.

Manufacturing uses involving production of the following products from raw materials; asphalt, charcoal and fuel briquettes; chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (both natural and manufactured) of an explosive nature, potash, petro chemical, pyroxylin, rayon yarn and hydrochloric, nitric, picric, phosphoric and sulfuric acids; coal, coke and tar products, including gas manufacturing, explosives, fertilizers, glue and size (animal): linoleum and oil cloth, matches, paint, varnishes and lurpentine; rubber (natural and synthetic); and soaps, including fat rendering.

E.

Storage of explosives and bulk or wholesale storage of gasoline above ground.

F.

Quarries, screening plants and all associated uses.

G.

The following processes: large scale reduction, refining, smelting and alloying of metal or metal ores; refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oil; and reduction and processing of wood pulp and fiber, including paper mill operations.

H.

Recreational Vehicle Prohibited Activities.

(1)

Recreational Vehicles shall not be considered dwelling units intended for permanent habitation.

(2)

For purposes of this section, evidence of habitation shall include activities such as sleeping, setting up housekeeping or cooking, eating, recreating, and/or any other activity where it reasonably appears, in light of all the circumstances, that the vehicle is being used as a living accommodation.

(3)

Running electrical cords, extension cords, hoses, cables, or other items across, above, or on the parkway or sidewalk from any property to a recreational vehicle parked on a public street at any time is prohibited.

(4)

Making a sewer connection with a recreational vehicle or dumping wastes from a recreational vehicle onto public or private land other than a designated RV dump is prohibited.

I.

Marijuana Retail Stores.

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

A.

In the R-1, R-2, R-3, R-8, C-1 and OB-1 districts, multiple permitted uses or tenants spaces or mixed use of a property shall be deemed a conditional use subject to special requirements.

B.

Four or more non-residential permitted uses or tenant spaces on a property zoned C-2, C-2A, C-3, OC-1 and H-1 requires a conditional use approval from City Council.

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

A.

A wetlands investigation shall be performed by a qualified wetlands specialist at the expense of the applicant in preparation for any activity on real property, which requires conditional use, site plan or subdivision plan approval by the Planning Commission and/or City Council as set forth in this chapter and Chapter 200, Subdivision of Land.

B.

The limits of all wetlands determined to be present on the subject property shall be flagged by the wetlands specialist and identified on the subject property by customary survey markers and shall be delineated on the plan. Wetlands areas shall be tabulated on the plan in acres.

C.

No portions of wetland areas shall be subdivided, filled, developed, or cleared of vegetation unless granted permission to fill and/or eliminate the wetlands area under state and/or federal permit, including nationwide permits authorized by the United States Army Corps of Engineers; they shall remain as essentially undisturbed natural areas.

D.

No buildings, structures, impervious surface, fill, obstructions to drainage, or land disturbance shall be situated nearer than 25 feet to a delineated wetlands area. The placement of fill, regrading, or other obstructions to surface sheet flow, or the clearing or removal of natural vegetation within this setback area, shall be prohibited, unless in conjunction with a permit to fill and/or eliminate the wetland areas under State and/or federal permit, including nationwide permits authorized by the United States Army Corps of Engineers. Notwithstanding all of the foregoing, limited cuts into the surface area of this twenty-five-foot setback area in conjunction with the placement of outfall stabilization facilities therein (such as stone rip-rap, turf stabilization, or other geosynthetic materials) may be permitted for the purpose of stabilizing and/or installing stormwater management outfalls, thus providing for a non-erosive flow condition at the outfall, provided that such encroachments into the twenty-five-foot setback area shall be limited to a maximum distance into the wetland buffer of 15 feet measured from the twenty-five-foot wetland buffer line, and shall be limited to a maximum width of 20 feet.

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

A.

Lakes, ponds, rivers, and streams shall be left as permanent open space. No filling, piping or diverting of water bodies, lakes, ponds, or streams shall be permitted except for required roads, to be approved by the U.S. Army Corps of Engineers, DelDOT, and/or DNREC as appropriate.

B.

No buildings, structures, or paved surfaces, except stairs and ramps, fences, open decks, patios or docks shall be permitted to be constructed under naturally occurring riparian buffer conditions nearer than:

(1)

Twenty-five feet to the shoreline, as defined by the mean high-water line, of any tidal water body, tidal stream, or tidal marsh; or

(2)

Fifty feet to the shoreline, as defined by the mean high-water line of any non-tidal freshwater water body, lake, pond, or blue-line stream as depicted on the most recent revision of the United States Geological Survey Topographic Quadrangle Maps.

C.

No buildings, structures, or paved surfaces, except stairs and ramps, fences, open decks, patios or docks with a combined area of 200 square feet or less, shall be permitted to be constructed under redevelopment conditions in previously disturbed or removed riparian buffers nearer than:

(1)

Ten feet to the shoreline, as defined by the mean high-water line, of any tidal water body, tidal stream, or tidal marsh; or

(2)

Ten feet to the shoreline, as defined by the mean high-water line of any non-tidal freshwater water body, lake, pond, or blue-line stream as depicted on the most recent revision of the United States Geological Survey Topographic Quadrangle Maps.

D.

For projects located within a promulgated total maximum daily load basin, the preservation or reestablishment of riparian buffers facilitating the reduction of nutrients and other pollutants to the level necessary to ensure compliance with promulgated load reductions shall be required. The clearing or removal of natural vegetation within this setback area shall be prohibited. Existing riparian buffers shall either be preserved or planted to the limits as provided above under paragraphs B. or C. respectively.

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