Millsboro City Zoning Code
ARTICLE VI
Exceptions and Modifications
§ 210-53 Area requirements.
A.
Whenever title to two or more contiguous lots are held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision, or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographical conditions or substandard area of yard space, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot and the provisions of this chapter shall hold.
B.
Whenever land has been dedicated or conveyed to the Town by a lot owner to meet the minimum street width requirement of Chapter 178, Subdivision of Land, or to implement the Official Map or Comprehensive Plan of the Town, the Zoning Inspector shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
§ 210-54 Corner lots.
Structures located on a corner shall be set back from both streets the required front yard distance, but in no case less than required in Article IV.
§ 210-55 Height limits.
Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, spires, cupolas, steeples, flagpoles, chimneys, water tanks, silos or similar structures may be erected above the height limits prescribed by this chapter but in no case more than 25% more than the maximum height permitted in the district, except that spires, steeples, silos, water towers and radio and television towers shall have no height restrictions except where stipulated by the Federal Aviation Agency.
§ 210-56 Cluster development.
A.
Purpose. The purpose of this section is to provide a method of developing residential land in the MR Medium-Density Residential District which will preserve desirable open spaces, conservation areas, floodplains, school sites, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes and certain other regulations hereinafter stated without increasing the number of lots in the total area to be developed. Cluster development designs may be approved, provided that the following are adhered to:
(1)
All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(3)
The maximum number of residential lots for each cluster development shall be computed on the basis of the permitted lot size for detached dwelling units, as expressed in lots per acre, for the district in which the land is located multiplied by the total tract acreage, including water areas, lands and buildings to be retained for historic purposes and lands for open space or public purposes. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. Applicable subdivision requirements shall be adhered to.
(4)
Land area equal to a minimum of 20% of the lot area of the proposed development shall not be included in lots but shall be set aside for open space uses, such as conservation areas, floodplains, school sites and recreation and park areas. Land utilized for street rights-of-way shall not be included as part of the above 20%. All streets within the development shall be dedicated to the Town or proper state authorities.
(5)
The minimum lot requirements for detached dwelling units shall be as follows:
Minimum | ||
|---|---|---|
Lot area | 7,500 square feet | |
Lot frontage | 75 feet | |
Lot depth | 100 feet | |
Each side yard | 10 feet | |
Front yard | 25 feet | |
Rear yard | 25 feet | |
(6)
The lands offered to the Town through cluster development shall meet the following requirements:
(a)
The minimum size of each parcel so dedicated shall be one acre.
(b)
The lands so offered for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping in order to qualify open space for acceptance by the Town.
(c)
Any land offered to the Town shall be an integral part of the development and designed, located and improved to best suit the purpose(s) for which it is intended.
(d)
Every parcel of land offered to and accepted by the Town shall be conveyed to the Town by deed at the time final plan approval is granted by the Town. Said deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.
(e)
The lands offered to the Town shall be subject to review by the Planning Commission who, in their review and evaluation of the suitability of such land, shall be guided by the Comprehensive Plan of the Town, by the ability to assemble and relate such lands to an overall plan, and by the accessibility and potential utility of such lands. The Planning Commission may request an opinion from other public agencies or individuals as to the advisability of the Town's accepting any lands to be offered to the Town.
(7)
If a development contains at least 300 dwelling units, a homeowners' association may be established for the purpose of owning and maintaining common open spaces, recreational areas and facilities, conservation areas and floodplains which would otherwise be dedicated to the Town, and parking lots and driveways. If established, a homeowners' association shall be in accordance with the following provisions:
(a)
Membership in any created homeowners' association by all property owners shall be mandatory. Such required membership in any created homeowners' association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant with each member agreeing to his liability for his pro-rata share of the association's costs, and provided that the Town shall be a party beneficiary to such covenant entitled to enforce its provisions.
(b)
Such associations shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the homeowners' association and shall hold the Town harmless from any liability.
(c)
The assessment levied by the association may become a lien on the private properties in the development. The duly created homeowners' association shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Town for public purpose(s) only.
(d)
The homeowners' association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final approval by the Town.
(e)
Part of the development proposal submitted to and approved by the Town shall be provisions to ensure that control of the homeowners' association shall be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the homeowners' association shall have the maintenance responsibilities for all lands to which they hold title.
(8)
Before final approval, the Town shall require a contract setting forth the completion of the development plan in one or more stages. Failure to meet the agreed upon time schedule shall mean that no other sections of the development or new development by the same principles shall be considered by the Town until the section in default is completed.
(9)
No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing said structure are properly completed and functioning.