(Reserved)[1]

Detached single-family dwellings and farms.

Public recreational purposes, including fishing, trapping, forest and wildlife preserves and other outdoor sports, public swimming pools (see § 210-46B), playgrounds, parks, tennis courts, ball fields and regulation golf courses.

Schools, churches, parish houses, rectories, funeral homes, libraries, museums, art galleries, municipal buildings, country clubs and community centers.

Buildings or land used exclusively by federal, state, county or Town government for public purposes.

Clinics and convalescent homes.

Cluster development. (See § 210-56.)

Fire station and accessory structures on the same parcel or parcels owned by the fire station as a conditional use. Such accessory structure or building shall not exceed 900 square feet and shall not occupy more than 20% of said parcel or lot.

Assisted living facilities.

Early childhood learning/day-care facilities.

Farm stands.

Private residential swimming pools. (See § 210-46.)

Barns, tool sheds, greenhouses and customary accessory buildings to farms, including temporary housing facilities for farm workers actually working on the farm, provided that they are occupied only on a seasonal basis, are not mobile homes, tents or trailers, and meet all state and local rules and regulations.

Off-street parking and loading.

Travel trailers and camper trailers to be parked or stored only. They may not be occupied at any time.

Clubhouses, snack bars and locker rooms at golf courses and swimming pools.

Fences and walls.

Customary home occupations as defined in Article II.

Boat docks and boathouses.

Flea market sales or yard sales conducted on the premises for the sale of personal property owned by the owner or lessee of the land and the principal building located on the parcel where the sale is to be conducted; provided, however, that not more than three flea market sales or yard sales shall be conducted in each calendar year in this district pursuant to this subsection.

Golf courses, schools, government buildings and agricultural uses.

Churches and community centers.

Two spaces shall be provided per dwelling unit.

One space shall be provided for each five seats in a church, school, auditorium or other place of public assembly.

Public buildings and government buildings shall provide one space for every 100 square feet gross floor area.

Funeral homes shall provide one space for each five seats.

Clubhouses and golf courses shall provide sufficient spaces and maneuvering area to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.

Any use having access only from a collector or arterial street as shown on an adopted Comprehensive Plan or Official Map shall provide a paved turnaround area on the site.

Schools shall provide one space per employee for grades kindergarten through 10th grade and 2.5 spaces per employee for grades 11 and 12 and in all cases sufficient space for school bus loading and unloading.

Farm stands shall provide a minimum of six spaces, plus one space for each 300 square feet of building coverage or fraction thereof.

Home occupations shall provide one space per 100 square feet of gross floor area devoted to the home occupation. A family home day-care center shall provide two parking spaces for occupants/residents and two additional spaces in addition to the requirements listed herein.

Convalescent homes shall provide one space per every 10 beds, plus one space per employee.

Clinics shall provide one parking space for every 150 square feet of rentable area.

Signs permitted in all districts.

Customary signs and fixed symbols, in conjunction with residential usage such as mailbox signs, names of residences and house/unit numbers.

One ground or monument sign for any residential community or multiple-family complex having six or fewer units, school, church, or other institution permitted in the residential district, not to exceed 36 square feet on each side. Such sign shall not exceed a maximum height of eight feet and shall be placed at least two feet from the right-of-way. If the community has one common entrance, it may have two signs, either wall or ground/monument, each no larger than 36 square feet, which may be placed on each side of the common entrance with the name of the project or development appearing on one side of each sign (i.e., each sign must be single-faced). In the alternative, a community may have one double-faced sign, either wall or ground/monument, which shall not be larger than 36 square feet on each side and which may be placed in the median or center divide of the entrance, provided the sign does not impair the line of sight of motorists traveling through the entrance.

Wall signs for residential communities or multiple-family complexes having six or more units and/or nonresidential uses: one ground/monument or wall sign at the primary entrance to the community, not to exceed 36 square feet. Such sign shall not exceed a maximum height of eight feet and shall be placed at least two feet from the right-of-way. If the development or subdivision has one common entrance, it may have two signs, either wall or ground/monument, each no larger than 36 square feet, which may be placed on each side of the common entrance with the name of the project or development appearing on one side of each sign (i.e., each sign must be single-faced). In the alternative, a community may have one double-faced sign, either wall or ground/monument, which shall not be larger than 36 square feet on each side and which may be placed in the median or center divide of the entrance, provided the sign does not impair the line of sight of motorists traveling through the entrance. There may also be one ground/monument or wall sign at the secondary entrance, not to exceed eight square feet.

Permitted home occupations and bed-and-breakfast establishments:

Legal nonresidential uses: one unlighted or illuminated ground, monument or wall sign, not exceeding 12 square feet on each side; shall be located not less than two feet from the street or right-of-way; and shall not exceed eight feet in height from grade.

Sign shall be consistent with the architectural features of the building on which it is placed.

Sign shall not obstruct or destroy unique architectural features of the building nor of surrounding buildings.

A permit for temporary signage is obtained as required by Subsection E(1)(n) of § 210-44.

No windblown display shall be permitted on any lot or unit carrying a commercial message in conjunction with a commercial use or activity occurring on any other specific lot or unit within the Town.

Where flown or displayed upon any lot or unit upon or in which a commercial use or activity is occurring, the following restrictions shall apply:

Governmental flags may be illuminated by any conventional means, except that:

The hours of operation shall be stated and approved by the Town.

The structure shall meet applicable building codes for temporary structures.

Adequate arrangements for temporary sanitary facilities must be approved by the Town.

No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.

Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.

All temporary structures shall be provided in an attractive manner including skirting, landscaping and attractive exterior treatment.

A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.

Conditional use for such temporary structures shall be for one year.

The hours of operation shall be stated and approved by the Town.

The structure shall meet applicable building codes for temporary structures.

Adequate arrangements for temporary sanitary facilities must be approved by the Town.

No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.

Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.

All temporary structures shall be provided in an attractive manner, including skirting, landscaping and attractive exterior treatment.

A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.

Conditional use for such temporary structures shall be for one year.

Off-street parking, fences and walls.

Signs per § 210-44.

Ice cream parlor, provided the principal permitted use with which it is associated and to which it is subordinate and incidental is a dairy distribution center.

Off-street parking, fences and walls.

Signs per § 210-44.

The hours of operation shall be stated and approved by the Town.

The structure shall meet applicable building codes for temporary structures.

Adequate arrangements for temporary sanitary facilities must be approved by the Town.

No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.

Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.

All temporary structures shall be provided in an attractive manner, including skirting, landscaping and attractive exterior treatment.

A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.

Conditional use for such temporary structures shall be for one year.

Off-street parking, fences, walls, and parking garages.

Signs per § 210-44.

Storage of materials related to the permitted use.

Four spaces at the waiting area and two spaces at the exit area for an automatic car wash.

Eight spaces at the waiting area and two spaces at the exit area for employee-operated car wash.

5,000 to 25,000 square foot building shall have one space.

25,000 to 100,000 square foot building shall have two spaces.

100,000 to 200,000 square foot building shall have three spaces.

Each additional 50,000 square feet over 200,000 square feet shall have one additional space.

Distance from front property line/maximum size permitted:

Any complex shall be subject to the signage requirements established for parcels and structures as set out above in Subsection H(4), except as may be otherwise provided in this Subsection H(5).

A complex may have one ground or monument, internally illuminated or unlighted, sign along each arterial or collector road on which the parcel abuts. The top of such sign shall not exceed a height of 20 feet from grade; shall be set back from the street rights-of-way and driveways at least 50 feet; and shall be set back from any property line a minimum of 100 feet. Such ground or monument sign shall include the street address, the name of the center, and may include the name of the anchor unit and/or a directory of included units.

Each freestanding unit on a pad site or outparcel (with its own tax parcel identification number) within such a complex may have one internally illuminated or unlighted ground or monument sign displaying the name of the business or use, not exceeding 50 square feet, and may have one internally illuminated or unlighted wall, awning, projecting or marquee sign not to exceed 15 square feet.

A unit that is part of a larger structure within such a complex may have one internally illuminated or unlighted wall, awning, projecting or marquee sign not to exceed 10% of the front of the unit to a maximum of 200 square feet.

Each such structure may also have one wall, projecting, awning or marquee sign on each facade of the structure, each of which shall not exceed 15 square feet.

Canopy signs.

Exempt signs.

Purpose: Recognizing that large-scale commercial or institutional complexes have signage needs that may not be adequately addressed by traditional sign regulations, this section is intended to provide a procedure for approval of a comprehensive signage plan for these sites.

Except as may be otherwise permitted in this section, the underlying district sign regulations shall apply.

Any conditional use granted pursuant to this section shall be valid for a period of five years; extensions may be requested by written request to the Town Council at least 60 days prior to the termination of the conditional use. Failure to make such request shall result in termination of the conditional use.

Any proposed complex or group of three or more principal structures under common management and operation, located on one or more contiguous properties, is required to submit an application for comprehensive signage plan approval.

Complexes with business or educational campuses are required to follow all standard signage requirements, as embodied elsewhere in this chapter, unless they choose to apply for comprehensive signage plan approval. All such plans shall include a thorough review of all existing signs.

Any commercial activity or institutional use which has more than 400 linear feet of frontage on a principal arterial street may submit an application for comprehensive signage approval.

Design guidelines for comprehensive signage plans.

Subdivision Review Committee and Town Council duties: In reviewing and approving comprehensive signage plans, the Subdivision Review Committee (See Ch. 178.) shall review and make recommendations to the Town Council based on the factors and terms of this chapter. The Town Council, in its discretion, shall take into consideration the Comprehensive Plan, public health, safety, and welfare, the comfort and convenience of the public in general and of the residents, businesses, and property owners of the immediate neighborhood in particular, and shall ensure that campuses and complexes have adequate, but not excessive, signage. Specifically, the following objectives shall guide the Council when reviewing such plans:

Submission requirements.

Comprehensive sign plans which are submitted as part of a site plan for other zoning or subdivision/development review application shall be reviewed as part of the site plan and not be assessed the review fee describe above, but will require the same level of detail and information.

Amendments to approved comprehensive signage plans. Any new or revised signs to be placed on a property with an approved comprehensive sign plan need not go back to the Town Council for reapproval if the sign area is not increased by more than 5%, and the proposed sign conforms to the overall design concept and colors as approved. The five-percent increase shall be calculated cumulatively over the life of the project, based upon the originally approved sign area.

The hours of operation shall be stated and approved by the Town.

The structure shall meet applicable building codes for temporary structures.

Adequate arrangements for temporary sanitary facilities must be approved by the Town.

No temporary electrical power for lighting or other uses shall be installed without an electrical permit demonstrating compliance with the electrical code.

Adequate off-street parking meeting the requirements of this chapter shall be provided, and a stabilized drive to the parking area shall be maintained.

All temporary structures shall be provided in an attractive manner, including skirting, landscaping and attractive exterior treatment.

A final inspection of the structure will be required to assure compliance with the requirements of this section, which shall be performed prior to issuance of a certificate of occupancy.

Conditional use for such temporary structures shall be for one year.

The average lot size in the industrial park shall be not less than two acres.

The minimum lot size shall be 60,000 square feet.

No lots less than two acres may be subdivided until a sufficient number of lots in excess of two acres have been subdivided to maintain the minimum average lot size of two acres.

At the request of the subdivider, those lots in excess of two acres which are to be counted as a credit toward the development of lots less than two acres in size shall be restricted from further subdivision.

No lots of less than two acres shall be permitted to front on a state highway or arterial road as indicated on the adopted Comprehensive Plan of the Town of Millsboro.

The minimum lot width for parcels less than two acres shall be 150 feet.

All other area and yard requirements shall be the same as described above.

In the MR District: 40 acres.

In the HR District: 10 acres.

In any residential district if the only development proposed is single-family detached dwellings: 10 acres.

Integration of the proposed subdivision into existing terrain and surrounding landscape.

Minimal use of wetlands and floodplains.

Preservation of natural and historical features.

Preservation of open space and scenic views.

Minimization of tree, vegetation and soil removal and grade changes.

Screening of objectionable features from neighboring properties and roadways.

Provision for water supply.

Provision for sewage disposal.

Prevention of pollution of surface and ground water.

Minimization of erosion and sedimentation, minimization of changes in groundwater levels, minimization of increased rates of runoff, minimization of potential for flooding and design of drainage so that groundwater recharge is maximized.

Provision for safe vehicular and pedestrian movement within the site and to adjacent ways.

Effect on area property values.

Preservation and conservation of farmland.

Effect on schools, public buildings and community facilities.

Effect on area roadways and public transportation.

Compatibility with other area land uses.

Effect on area waterways.

Whether, in the judgment of the Town Council, estimated costs to be home by the Town cannot be met from available Town funds which reasonably may be anticipated to become available to the Town and applicable to subdivision purposes.

Whether, in the opinion of the Town Council, the estimated expense to the Town cannot be justified on the basis of estimated tax returns which would accrue to the Town within a reasonable period of time.

Professional, medical and business offices.

Dance studios.

Hotels and motels.

Dry cleaners pickup locations and not a plant serving more than one location.

Dressmaking, tailor and clothing repair establishments.

Travel agencies.

Child-care centers.

Banks and financial institutions, including drive-through.

Barber shops, beauty parlors.

Arcades.

Building material stores.

Department stores.

Furniture sales.

Supermarkets.

Specialty food stores.

Bakeries, retail.

Candy, ice cream and confectionery stores.

Meat, fish, or poultry stores.

Liquor store - off premises.

Camera and photographic supply stores.

Book stores.

Drug stores and pharmacies.

Sporting good sales.

Office and school supply stores.

Stationary and card stores.

Pet stores.

Florists.

Indoor theaters.

Clothing rental establishments.

Restaurants, subject to the requirements of § 210-45.

Drive-through restaurants. (See the definition–includes no bar area).

Eateries. (See the definition–includes no bar area).

Fire and emergency services.

Municipal administrative.

Public utility buildings.

Public water works or reservoir.

Postal service.

Libraries.

Public parks and playgrounds.

Community centers.

Learning centers.

Schools.

Vocational schools.

Clubs, lodges, fraternal organizations.

Colleges; universities; research facilities.

Permitted uses.

Conditional uses.

The minimum lot area in the PCD Planned Commercial District shall be 15 acres.

Minimum lot frontage: 500 feet.

Minimum lot depth: 500 feet.

Setback from U.S. Rt. 113: 100 feet.

Setback from other state roads: 75 feet.

Setback from all other roads: 50 feet.

Side yard setback: 30 feet.

Rear yard setback: 75 feet.

Nonresidential buildings shall be designed with an architectural style and/or theme. The intent of this guideline is to ensure that nonresidential development incorporates architecturally valid design of each building and architectural compatibility within an integrated development. Not all building elevations of a structure will have the same level of detailing and articulation in order to avoid monotony.

The design of all buildings shall employ textured surfaces, projections, recesses, color, window patterns, overhangs, reveals, changes in parapet heights, and similar architectural devices to avoid monolithic shapes and surfaces and to emphasize building entries. Designs shall avoid the use of long, unbroken, flat walls.

Building facades greater than 80 feet in length, measured horizontally, shall incorporate wall plane projections, articulation or recesses having a depth of at least 3% of the length of the facade (or at least two feet) and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 80 horizontal feet.

Building facades shall also include a repeating pattern of one or more of the following design elements/features:

Facades.

Designs that emphasize floor lines or that express rhythms and patterns of windows, columns, cornices, dormers, and other architectural features are encouraged.

Building components such as windows, doors, eaves, and parapets shall have good proportions and relationships to one another which are compatible in size and design.

Avoid roof lines running in continuous planes wherever appropriate.

Appearance of a flat roof is prohibited.

Views of flat roof sections are prohibited.

Roof materials should be of high quality, durable, and consistent with local architectural themes.

Design roof forms to correspond to and denote building elements and functions such as entrances, arcades, and porches.

Roof forms should relate to adjacent buildings or developments.

Screen rooftop mechanical units from view with architecturally integrated screening units, roof parapets, or sloped roof forms.

Exterior building materials shall be of high quality and include at least one of the following as the predominant exterior building surface:

Predominant building materials should not include the following:

Utilize materials in their natural texture and color.

Use heavier materials such as natural stone and masonry on the lower levels of buildings to visually anchor them to the ground.

Do not use plexiglass, glossy metal and backlit vinyl awnings.

The use of high-intensity, metallic, fluorescent, or black colors is prohibited.

Choose color palettes for new buildings that are compatible with the colors of adjacent structures.

Architectural detailing should be painted to complement the facade and coordinate with adjacent buildings.

Roof colors shall be compatible with the dominant building color.

Pedestrian plazas and courtyards that are of such scale, design and/or locations to be a focal point of activity and/or interest. Such areas should not just be aesthetically pleasing, but they should also be designed (e.g., providing ample covered/shaded areas) to serve as truly functional and desirable places of public interaction and enjoyment.

Outdoor dining areas and sidewalk cafes should be used to bring activity to plans and courtyards, and should be placed at the edge of open spaces, or located along building and street frontages. Where feasible, create a sense of enclosure for such outdoor dining areas.

Walkways and breezeways that provide connections between buildings and other site amenities. When located along storefronts, walkways should be of sufficient width to accommodate potential sidewalk cafes and shall be primarily covered with building overhangs, trellises, awnings, or a combination thereof.

Water bodies that serve as a site amenity both in terms of design (e.g., size/shape/use of fountains) and interaction with other pedestrian amenities (e.g., outdoor dining areas and walkways).

Restrooms/changing areas.

If the applicant does not propose one or more of these features, a statement must be provided indicating what conditions, if any, inhibit their inclusion in the project. Failure to provide adequate justification for not including the features listed above shall be grounds for denial of applications.

Accent paving. Such paving should be used to highlight plazas, courtyards, walkways, breezeways, and building entrances.

Landscaping. Lush in-ground plantings should be provided around pedestrian amenities to enhance aesthetic appeal and provide ample shading. Project landscaping should also include wall and/or raised planter boxes, vases/pots, and flowering vines both on walls and arbors.

Fountains, gazebos, artwork, and other similar features. Such features should be located to draw attention to and stimulate interest in pedestrian amenities.

Decorative lighting. Such lighting should be of relatively low intensity and not produce any glare. Wall-mounted decorative lighting fixtures should complement the architecture of the building to which they are affixed. Decorative lamp-posts should also complement the architecture of the overall project and be in scale with their surroundings.

Furnishings. Pedestrian areas should be furnished with chairs, tables, benches, and trash containers. Such furnishings should be compatible in terms of design, color, and quality of materials used (no plastic) with the overall development in which they are located.

Signs permitted in all districts.

Each side of a commercial building facing a public street may have one internally or externally illuminated or unlighted wall, awning, projecting, or marquee sign.

Each commercial use may have one illuminated or unlighted window sign.

One internally illuminated or unlighted ground/monument sign is allowed for each side of a commercial unit that runs along a major arterial or collector road.

Windblown displays as permitted in the MR District.

Conditional use. All integrated complexes in the PCD shall establish a uniform sign program for compatibility between signs. Any proposed complex of three or more principal structures located on one or more contiguous properties, under common management and operation, is required to submit an application for comprehensive signage approval. Such application may be submitted for any commercial structure that has more than 400 linear feet of frontage on a principal arterial street.

Complexes. Complexes shall meet the requirements of the regulations in § 210-18, Highway Commercial (HC) District, Subsection H, Signs.

Electrical substations.

Switching buildings.

Water storage facilities.

Water or wastewater treatment facilities.

Transportation or communication utilities.

Similar public agencies uses or public utilities.

The use must serve a public purpose and the parcel must have been zoned Open Space (OS) concurrently with the adoption of this section. The applicant requesting a special exception must demonstrate that no other location is able to be used or to be as strategically located for the use requested.

The following requirements shall apply to all uses permitted by special exception within the Open Space (OS) District:

Uses permitted by special exception shall provide a buffer for all yard 5A as defined in the buffering, screening, and landscaping regulations of the Town of Millsboro in § 210-41.

Appropriate safety fencing shall be provided.

Permitted structures shall meet the following minimum setback requirements:

Maximum structure coverage shall not exceed 25% of the parcel, and total impervious coverage shall not exceed 30% of the parcel. All structures should be well located with regard to recognized principals of civic design, land use planning, landscape architecture and natural resource conservation standards.

Public monuments and memorials shall be exempt from the above setback requirements

Land located within the "excellent recharge areas," as classified in the Millsboro Comprehensive Plan adopted May 2004, Map 2 - Environmental Features.

This district may include aquifer areas identified as potential new municipal well sites by a Delaware-Certified geologist using accepted hydrogeologic techniques.

Name of development, municipality, tax map and lot numbers;

Owner and applicant's names and addresses and name and address of person who prepared plan;

Name and address where correspondence should be sent;

If applicant is a corporation, a statement whether the corporation is licensed to do business in Delaware;

Copy of deed for property and verification of ownership or legal interest;

Interest the applicant has in any property abutting the parcel to be developed;

Statement whether the development covers the entire or contiguous holdings of applicant;

Location of property: book and page;

Location of property: map and lot;

on-site sewage disposal report from licensed site evaluator or information from the Town Engineer indicating sewer capacity;

Special reports including soils, engineering design, erosion and sediment control plan, stormwater management plan and long-term maintenance provisions;

Traffic and parking assessment;

Hydrogeological assessment;

Necessary state and/or federal permits and date of application;

List of construction items and cost estimates;

Construction schedules;

Proposed method of performance guarantee; and

Restrictions, conditions, covenants and easements.

Existing and proposed streets;

Outline of development and remaining portion or portions;

Scale, written and graphic; date and North point;

Perimeter survey (bearings and distances, surveyor's seal, number of acres existing and proposed monuments and abutters' names);

Lot lines, numbers and sizes, and building setback lines;

Existing water bodies, watercourses, wetlands and other significant natural features;

Public and private rights-of-way and easements, and zoning boundaries;

Location of test pits keyed to site evaluator's or soil scientist's report;

Base flood evaluation, if applicable;

Written request for waivers or variances;

Location and design of culverts, drains and other stormwater control structures, existing and proposed;

Location and design of proposed sewers and water lines;

Typical engineering plan, profiles and cross sections;

Medium-intensity or high-intensity soils maps;

Location of parking, open space, conservation and/or recreation areas;

Landscaping plan;

Surface drainage plan;

Soil erosion and sedimentation control features;

Landscaping details;

Locations, dimensions and profiles of underground utilities;

Profile and typical cross sections of streets and other public works; and

Location/identification of buffers, lots or areas to be restricted or dedicated for common or public use.

Provisions for solid waste handling, storage and disposal;

Provisions for a sanitary facility;

An engineering report which provides:

Design and capacity of subsurface collection facilities;

Design of dry wells, storage, retention or detention facilities and other surface water impoundments;

Stormwater system outlets;

Delineation of postdevelopment drainage areas; and

Plans for ice control, use of road salt and snow removal.

Design and capacity of subsurface collection facilities;

Design of dry wells, storage, retention or detention facilities and other surface water impoundments;

Stormwater system outlets;

Delineation of postdevelopment drainage areas;

Plans for ice control, use of road salt and snow removal;

Description of source of water, use of water and final water quality (water quality parameters to be specified by applicant); and

Amount of consumptive water use.

Type of volume of chemical compounds handled and/or stored.

Site plan showing all storage, handling and use areas for raw materials and wastes.

For outside areas, details to contain spills including drainage and contour information to prevent the flow of runoff from entering the storage area and which keep leaks or spills from flowing off site.

Provisions to collect chemicals should they enter the drainage system.

Provisions to segregate underground systems to insure that there are no cross-connections.

For inside areas, details to contain spills including the:

Site plan showing storage, handling and use areas for all petroleum products.

Provisions for heating oil storage.

For outside areas, details which provide drainage and contour information to prevent the flow of runoff from entering the storage area and to prevent leaks or spills from flowing into surface waters or to areas where they could leach into groundwater.

Provisions to contain and clean up petroleum products should they enter the drainage system.

Separators for underground piping systems.

Emergency measures which can be implemented for open drainage systems.

Exact location of tanks, piping and separators so that inspection, detection, cleanup or other emergency measures can be accomplished in a timely, efficient manner.

A plan detailing:

Provisions for sewage disposal, including:

Provisions and designs for all floor drains, grease traps and holding tanks.

Location and construction specifications;

Intended purpose;

Sampling schedule; and

Provisions for informing the appropriate Town body of sampling results.

To break up the apparent mass and scale of large retail structures;

To help integrate large-scale commercial development with its surroundings;

To promote and facilitate a safe and comfortable pedestrian-scale environment;

To encourage a mixture of uses and sizes of structures;

To reduce the visual impact of large areas of parking; and

Encourage master planned commercial development, with minimal impacts to the surrounding commercial and residential districts.

Vehicular parking areas should be distributed around at least three sides of retail buildings in order to shorten the distance to other buildings and public sidewalks and reduce the perceived overall scale of the paved parking surface.

In order to reduce the scale of parking areas, no single parking area shall exceed 200 spaces unless divided into two or more subareas separated from each other by landscaping, access drives or public streets, pedestrian walkways, or buildings.

The design of these separators shall consider pedestrian movements, conflict points with vehicles, site distance and angles, security site lighting, and safety within the parking lot area.

Separations shall be no less than eight feet in width at any point.

Pedestrian walkways shall provide access from the parking area to the primary building in such manner that pedestrians using the walkways will be required to traverse the vehicular parking aisle to the minimum extent possible. Such walkways shall be located so that no customer entrance is farther than 100 feet from the nearest walkway.

A pedestrian accessway shall be provided for every customer entrance.

The parking lot shall be designed with traffic-calming features along the fire lanes fronting the building facades. Parking lots shall be designed to reduce vehicle movement along the fire lane.

Design features may include cross-driveways, ninety-degree parking space design, and consideration of site access points.

For large-scale, commercial-retail buildings 75,000 square feet and larger, at least 10% of the required parking spaces shall be placed in the side areas of the proposed development project. Alternative design solutions for these parking lot design requirements that meet and exceed the intent and purpose of this section may be approved by the Town Council.

No more than 50% of the off-street parking area for the lot, tract or area of land devoted to the large retail establishment shall be located between the front facade of the large retail establishment and the abutting streets.

The parking lot(s) shall be located between the smaller structures and the larger structure (anchor store).

No parking shall be located on outparcel sites between such buildings and public streets.

The parking standards of § 210-18F and § 210-40, Off-street parking and loading; driveways, shall apply. However, if, in the opinion of the Town Council, the required number of parking spaces and/or off-street parking is excessive and will lead to unnecessary expanses of pavement and impervious surfaces, the Town Council may impose conditions to reduce the parking standards of § 210-18F and § 210-40, provided the applicant present a parking needs analysis with findings that a reduction in parking spaces is warranted and aids in the overall good design of the commercial center.

The maximum number of parking spaces provided shall not exceed the minimum number required by more than 10%.

A minimum of 10% of the parking area shall be pervious parking. Pervious parking areas shall be constructed of permeable pavement and turf pavement like turf block, turf stone, and SF-Rima or grass, or some other material as approved by the Town Council. If grass parking is proposed, the parking shall be designed and constructed with a structural support, i.e., geo-grid, geo-block, etc. The areas designated for pervious parking shall be maintained. The areas designated for pervious parking shall be located throughout the parking lot area in conjunction with best management practices for an integrated stormwater management system.

The required number of parking spaces for an individual lot that is part of a master planned retail development project may be reduced with conditions of approval if the overall project meets the parking requirements.

Applicants may request that the Town consider designs that provide for shared parking between different uses with staggered peak parking demand in order to reduce the total number of spaces with the development. Shared parking may be granted as a condition of approval.

All outdoor lighting should be coordinated as to style, material and color. Neutral- and earthtone-colored (no primary colors) lighting fixtures are encouraged. Lighting throughout the site should overlap, creating an even level of illumination throughout.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from abutting streets.

No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrian way.

Loading docks, truck parking, outdoor storage, utility meters, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

Vending machines shall not be visible from a public street. If vending machines are present, building facades should include an area screened from public streets but visible to security personnel.

Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. A solid fence or wall and native plants shall screen such equipment.

All outdoor display areas, including garden centers and any seasonal sales, shall be enclosed and screened on all sides with walls and/or fences. Chain link fences are strongly discouraged. Materials, colors and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.

All outdoor display areas shall be designated on the site plan and must not extend into parking areas.

Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.

Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

The colors, materials, and lighting of every sign shall be harmonious with the building and site to which it principally relates.

All signs not on a building face shall be accompanied by landscaping in scale to the size of the sign, and the sign shall not overwhelm the landscaping.

No sign, including the sign structure, shall exceed 35 feet in height.

The maximum total sign area shall not exceed the requirements per the underlying district. The total sign area may be reduced by no more than 30%.

Signs permitted in all districts.

Each side of a commercial building facing a public street may have one internally or externally illuminated or unlighted wall, awning, projecting, or marquee sign.

Each commercial use may have one illuminated or unlighted window sign.

One internally illuminated or unlighted ground/monument sign is allowed for each side of a commercial unit that runs along a major arterial or collector road.

Windblown displays as permitted in the MR District.

Conditional use. All integrated complexes in the LSCOD shall establish a uniform sign program for compatibility between signs. Any proposed complex of three or more principal structures located on one or more contiguous properties, under common management and operation, is required to submit an application for comprehensive signage approval. Such application may be submitted for any commercial structure that has more than 400 linear feet of frontage on a principal arterial street.

Complexes. Complexes shall meet the requirements of the regulations in § 210-18, Highway Commercial (HC) District, Subsection H, Signs.

Applying the Large-Scale Commercial Overlay District will be permitted only in accordance with a development plan, which is approved by the Town Council in accordance with the requirements and procedures contained in this section.

The development plan shall display the requirements identified in § 210-66B, Preliminary site plan requirements, and Chapter 178, Subdivision of Land, (§ 178-7). The development plan shall also include:

Upon approval of the Preliminary Plan and affixing of the Overlay Zone, the applicant shall submit the final plans displaying the requirements identified in § 210-66C, Final site plan requirements, and Chapter 178, Subdivision of Land, (§ 178-7).

To further the intent of the district to provide an integrated master plan setting for uses in the Large-Scale Commercial Development Overlay District shall be designed in accordance with the following:

A mix of residential uses of the following types can occur anywhere in the traditional neighborhood development. For infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the traditional neighborhood development.

Mixed-use area of commercial, residential, civic or institutional, and open space uses as identified below.

Open space and recreational uses identified below should be incorporated in the traditional neighborhood development as appropriate.

The permitted accessory uses in a TND shall be:

Private accessory structures shall not be permitted in common lands.

Office units located on upper floors above commercial uses.

Home occupation.

Private club, such as golf, swimming and tennis clubs, lodges and other annual membership clubs.

Private educational institutions.

Medical facilities.

Transportation-related sales and services.

The total number of dwelling units permitted throughout the TND shall be determined by dividing the net development area by the minimum lot area per family or dwelling. Net development areas shall be determined by subtracting 25% of the area set aside for streets or the actual area of proposed streets, whichever is less. The area of land set aside for common open space or recreational use shall be included in determining the number of units permitted. The maximum density for the designated TND area shall not exceed 10 living units for each net development acre.

In areas devoted to mixed residential uses:

In mixed-use areas:

See the Table of Dimensional Standards in Traditional Neighborhood Development Zones.

The commercial/employment density in the traditional neighborhood development shall be compatible with any gross floor area or floor area ratio recommended in the applicable area master plan of special conditions or requirements, if any are stated therein. The maximum density of commercial/employment development shall be based on the area shown for commercial/employment uses on the preliminary site plan, and shall not exceed a floor area ratio of 1.5, except where authorized by a waiver of the Town Council after a public hearing. Floor area ratio is the quotient obtained by dividing the gross floor area of all buildings on a lot by the gross lot area.

Seventy-five percent of residents should be within approximately 1/4 mile or a five-minute walk from existing or proposed commercial, civic, and open space areas.

No lot lines other than for single-family detached dwellings shall be located within 50 feet of any adjoining residential property not zoned TND.

No building proposed for commercial/employment use shall be constructed less than 50 feet from any adjoining property not zoned TND.

A mix of residential dwelling types is required within a TND; however, not less than 50% of the total dwelling units must be single-family detached dwellings.

Residential uses are not permitted on the ground floors in mixed-use buildings.

A minimum of at least three of the following permitted housing types must be provided, including at least one multifamily dwelling type: traditional single-family dwellings and village homes; single-family attached dwellings, including townhouses, and two-family dwelling; and multifamily dwellings, including apartments.

Open space area requirements are provided in § 210-25I.

A minimum of 2% and a maximum 15% of the gross area of the zone shall be designated for office, civic or institutional uses.

A minimum of 2% and a maximum of 25% of the gross area of the zone shall be designated for commercial uses.

Through the development review process, the Planning Commission may recommend and the Town Council may require the reasonable provision of screening in order to shield adjacent residential uses from commercial, office, civic and institutional structures. See § 210-41A(1), Bufferyards.

All lots shall share a frontage line with a street or square. All buildings except accessory structures shall have their main entrance onto a street or square.

Commercial, office, civic, institutional and mixed-use structures should abut the sidewalks.

Lot and building widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.

Street layouts shall provide for perimeter blocks that are generally in the range of 200 feet to 400 feet deep by 400 feet to 800 feet long, as feasible. A variety of lot sizes shall be provided, as feasible, to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs.

Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the traditional neighborhood development. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides in accordance with the specifications listed in Table 1.[2] The following provisions also apply:

Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate, striped, four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be 14 feet.

Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance and shall be well-lighted.

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as queuing streets, curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds.

Off-street parking shall be provided meeting the minimum requirements of these regulations and at least two parking spots per residential dwelling unit, excluding garages.

In the mixed-use area, a commercial use shall provide one parking space for every 500 square feet of gross building area.

Multifamily dwellings shall provide one parking space for every dwelling unit and one parking space for each bedroom.

For live/work units of less than 2,500 square feet, one parking space is required for each unit. For live/work units greater than 2,500 square feet, required parking will be based on the applicable parking standard for the nonresidential use or the closest similar use as determined by the recommendation of the Planning Commission and determination by the Town Council.

Adjacent on-street parking may apply toward the minimum parking requirements.

In the mixed-use area, any parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided as specified in § 210-41A(3), Landscaping.

A parking lot or garage may not be adjacent to or opposite a street intersection.

Parking lots or garages must provide not fewer than one bicycle parking rack for every 25 motor vehicle parking spaces.

One off-street parking space with unrestricted ingress and egress shall be provided for each secondary dwelling unit.

Parking for live/work units on neighborhood commercial streets and in mixed-use zones is prohibited in front of the building with the exception of on-street parking.

The maximum number of parking spaces provided shall not exceed the minimum number required by more than 10%. Any parking areas that exceed the minimum number required shall be pervious parking. Pervious parking areas shall be constructed of permeable pavement and turf pavement like turf block, turf stone, and SF-Rima or grass, or some other material as approved by the [Planning Commission/Town Council]. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and overflow parking areas for developments that have only periodic parking demand.

Parking lot landscaping standards are provided in § 210-41A(3).

Access for service vehicles should provide a direct route to service and loading dock areas, while avoiding movement through parking areas.

Parking shall be accessed by alley or rear lane, when available.

Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line.

The vehicular entrance of a parking lot or garage on a frontage shall be no wider than 30 feet.

Curb extensions at intersections in the mixed-use area are required when on-street parking in provided.

Large-surface parking areas and other expansive areas of paved surfaces should be designed with a series of smaller parking fields. Smaller parking fields can be incorporated by physically separating parking areas with buildings and plazas, and may also be delineated with an on-site circulation system that utilizes uninterrupted drive aisles, landscape islands and planters, pedestrian walkways, or any combination thereof.

Parking lots should have direct pedestrian connection to the building entry points, especially if the parking is located along the side and/or behind the buildings. Designated pedestrian access shall be provided from all parking areas to the primary building entrances.

Design parking lots to avoid dead-end aisles.

Separate parking areas from buildings by a landscaped strip whenever possible or a raised concrete walkway or pedestrian plaza.

Avoid aligning all travel lanes in parking lots in long, straight configurations. The maximum length of any row of parking shall be 10 parking spaces.

Provide cross-access easements between adjacent lots to facilitate the flow of traffic between complementary users.

Applicants may request that the Town consider designs that provide for shared parking between different uses with staggered peak parking demand in order to reduce the total number of spaces within the development.

See also the additional parking requirements in § 210-40, Off-street parking and loading; driveways.

The front facade of the principal building on any lot in a traditional neighborhood development shall face a public street.

The front facade of any building shall not be oriented to face directly toward a parking lot.

Commercial development: