Millville City Zoning Code
ARTICLE XII
Administration and Enforcement; Violations and Penalties.
§ 155-64 Administration and enforcement.
A.
A Code Enforcement Officer shall administer and enforce this chapter. He/she may be provided with the assistance of such other persons as the Town Council may direct.
B.
The Code Enforcement Officer shall require that the application for a building or alteration permit and accompanying plot contain all of the information necessary to enable him to ascertain whether the application complies with the provisions of this chapter.
C.
If the Code Enforcement Officer finds that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He shall order the discontinuance of any illegal use of land, buildings and/or structures and shall order the removal of any illegal buildings, structures and/or illegal work being done on the premises. The Code Enforcement Officer shall also be authorized to take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
D.
The Code Enforcement Officer shall prepare an administrative report of actions taken and present it to the Town Manager and the Town Council, once monthly or more often, at the discretion of the Town Manager.
§ 155-65 Violations and penalties.
§ 155-66 Site plan approval.
A.
Site plan approval shall be required for the establishment, erection or enlargement of all of the following structures or uses:
(1)
General business, professional office or industrial buildings;
(2)
Dwellings containing two or more dwelling units;
(3)
Churches, temples, and synagogues;
(4)
Schools and other public buildings;
(5)
Docks, piers, bulkheads or other over-water structures except for private piers accessory to a dwelling; and
(6)
The subdivision or the combining of land into two or more parcels, lots, units or sites for the purpose of offer, sale, lease, or development.
B.
The purpose of the review of site plans shall be to protect and provide for the public health, safety and general welfare of the Town and neighborhood, and to accomplish the following objectives:
(1)
To guide the future growth and development of the Town in accordance with the Comprehensive Plan;
(2)
To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent overcrowding of the land and undue congestion of population;
(3)
To protect the character and the social and economic stability of all parts of the Town and to encourage the orderly and beneficial development of all parts of the Town;
(4)
To protect and conserve the value of land throughout the Town and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
(5)
To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities;
(6)
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;
(7)
To establish reasonable standards of design and procedures for development, in order to further the orderly layout and use of land;
(8)
To insure that public facilities are available and will have a sufficient capacity to serve the proposed developments;
(9)
To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities to safeguard the water table; and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land;
(10)
To preserve the natural beauty and topography of the Town and to insure appropriate development with regard to these natural features; and
(11)
To provide for conceptual open spaces through the most efficient design and layout of the land.
C.
No building permit or certificate of zoning compliance shall be issued for any structure or use listed in Subsection A above until a site plan has been approved by the Town Council in accordance with the provisions of this article. An applicant for a certificate of zoning compliance shall not be required to comply with Subsection A for any structure or use listed therein when the proposed applicant seeks to use the premises for a permitted use within the zoning district in which the premises are situated and there is no alteration, enlargement or modification to the premises which would otherwise require a site plan approval. To assure a good arrangement and appearance and to insure harmony with the Comprehensive Plan, site plans are required for all uses involving new construction, expansion, or intensification of an existing use, unless otherwise subject to separate procedures and except when dealing with a single-family dwelling on an existing, approved plat.
D.
Procedure.
(1)
A preliminary application meeting between the Code Enforcement Officer and the applicant is encouraged in order to provide the opportunity to review and comment on conceptual drawings in advance of a formal or site plan application and early in the design process, before considerable expense on engineered drawings has been incurred by the applicant.
(2)
A conceptual plan shall be presented and submitted by the applicant to the Planning and Zoning Commission. The Planning and Zoning Commission shall determine whether a conditional use review is necessary and if the plan is consistent with the most recently certified Comprehensive Plan. The Commission may make suggestions to the applicant that will improve the project and/or bring the project more into compliance with the standards, goals, and intent of this chapter and the Municipal Development Strategy/Comprehensive Plan. These suggestions shall be transmitted to the applicant, in writing, after the meeting.
(3)
Prior to formal review by the Town Council, the Planning and Zoning Commission shall review the proposal, determine whether or not the applicable standards provided by this chapter have been observed, note objections to such parts of the plans as do not meet the standards, make corrections and recommendations for desired changes to effect compliance with this chapter, and when satisfied that the site plan complies with the requirements of this chapter, shall make recommendations to the Town Council with respect to the site plan. Proposals requiring both a site plan approval and action by the Board of Adjustment shall be submitted to the Town Council for site plan review.
(4)
Six copies of the preliminary site plan shall be submitted to the Code Enforcement Officer who shall transmit said plans to the Planning and Zoning Commission and/or consultant for review and comment at its next regular meeting if the plans are submitted 30 working days prior to said meeting. A preliminary site plan submitted for review shall not be dated 60 calendar days before the date of its submission.
(5)
The Planning and Zoning Commission shall review the preliminary plan with respect to the objectives described in Subsection A above and may, if it deems necessary, refer the plan to the Delaware Department of Transportation, the Superintendent of Schools, the Town Engineer or any other appropriate agency or person for comment.
(6)
Within 45 working days after the meeting at which the preliminary site plan is received, the Planning and Zoning Commission shall take action to approve, approve with conditions or disapprove the preliminary site plan.
(7)
After the approval of a preliminary site plan, a final site plan shall be prepared and submitted to the Town Manager who shall transmit said plans to the Town Council for review at its next meeting, if the plans are submitted 30 working days prior to said meeting.
(8)
In the case of a subdivision involving the extension or creation of streets, the Town Council shall hold a public hearing at the meeting at which it considers the subdivision plan and shall give public notice of the hearing as prescribed by Delaware law.
(9)
Within 60 working days after the meeting at which the final site plan is received, the Town Council shall take action to approve or disapprove the final site plan. In the case of an approved site plan and/or subdivision involving the extension or creation of streets, the Town Council shall authorize and require the recording of the final plan in the Sussex County Recorder of Deeds' office within 180 days. The applicant must provide proof of recordation to the Town. If the final site plan is not filed within this period, the approval shall expire.
E.
Requirements for preliminary site plan.
(1)
Preliminary site plans shall show the seal and signature of a registered Delaware land surveyor or registered professional engineer, and all drawings shall be on sheets no larger than 24 inches by 36 inches and at a scale of not more than 100 feet to one inch.
(2)
Application for a preliminary site plan shall be presented by the owner. Anyone acting on the owner's behalf must provide sufficient proof of the owner's permission to do so.
(3)
The preliminary plan shall show the following information and data:
(a)
Geographical location, showing existing zoning districts boundaries; small key map giving the general location of the parcel to the remainder of the Town; the site in relation to all remaining property owners and surrounding property within the distance of 250 feet of the applicant's property; Tax Map and parcel number; name of the development. Plan shall cite deed book volume and page reference, referencing the volume and page in which the current deed and ownership to the property may be found in the Recorder of Deeds' office, Georgetown, DE;
(b)
The name and address of the owner of record;
(c)
The name and address of the person, firm or organization preparing the plan;
(d)
Date, north point, and scale;
(e)
Property boundaries and total size of the site in acres or square feet;
(f)
Existing zoning and proposed zoning changes;
(g)
Names of adjacent property owners and parcel numbers;
(h)
The locations, names and existing widths of adjacent street rights-of-way and curblines;
(i)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property;
(j)
An outline of existing or proposed deed restrictions or covenants applying to the property;
(k)
Topographic contours at two-foot intervals, unless waived by the Town Council as clearly unnecessary to review the project or proposal;
(l)
Location of all wetlands (both state and federal) shall be indicated, in order to facilitate compliance with Town, state and federal wetland compliance;
(m)
The location of the one-hundred-year floodplains based on current Flood Insurance Rate Maps;
(n)
Existing structure(s);
(o)
Net developable area and maximum number of permitted dwellings units;
(p)
The location and nature of all proposed construction, including but not limited to buildings, streets, sidewalks, parking, driveways, loading areas, signs and utilities;
(q)
The approximate number of dwelling units to be included in each type of housing: single-family dwellings, two-family dwellings, townhouses, apartments, and/or number of units for other uses and their designation;
(r)
Location of the width of all proposed streets and rights-of-way;
(s)
Proposed buildings and structures, dimensions, setbacks and heights designated required for conformity to this chapter, including an architect's drawing of each building or typical building and showing front, side and rear elevations and proposed uses;
(t)
The approximate location and size of all existing and proposed nonstructure or pavement areas or significant natural features, including but not limited to buffer areas, landscaping, wooded areas and bodies of water;
(u)
The approximate location and size of recreational areas;
(v)
The approximate location of point ingress and egress to existing public roads;
(w)
Plans for any proposed grading, excavation or recontouring of the site, which shall include plans and illustrations for soil and erosion control measures;
(x)
Plans for surface drainage of the site; and
(y)
The number of construction phases proposed, if any, with the plot showing the approximate boundaries of each phase and the proposed completion date of each phase.
(4)
The Town Council may establish additional requirements for preliminary site plans and may waive any particular requirement if, in its opinion, the inclusion of the requirement is not essential to a proper decision on the proposed structure, site, or project.
F.
Requirements for final site plans.
(1)
The final site plan shall contain the same data required for the preliminary site plan but shall reflect any changes required or made as a result of the preliminary site plan reviewed by the Town Council;
(2)
The final site plan shall be sealed and prepared by a registered Delaware professional land surveyor;
(3)
The final site plan shall comply with all existing laws, regulations and ordinances governing the approval of subdivisions, if applicable, and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of constructions permits; and
(4)
The final site plan shall show the following:
(b)
The location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures in or near the project;
(c)
The location and character of construction of proposed streets, alleys, driveways, sidewalks, curb cuts, entrances and exits, parking and loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities;
(d)
The location and dimensions of proposed lots showing setback lines meeting the area and yard requirements of the designated district;
(e)
The location and size of proposed areas designated for a public purpose, including but not limited to recreational use and open space;
(f)
The location, with respect to each other and to lot lines and height, of all proposed buildings and structures, accessory and main, or major excavations. The locations should be drawn to scale, and full dimensioning is required;
(g)
The plans and elevations of the several dwelling types and other buildings, as may be necessary;
(h)
The location, height and material of all fences, screen plantings and landscaping;
(i)
The proposed location and character of residential uses, commercial or industrial uses, accessory or main;
(j)
The location, character, size, height and orientation of proposed signs;
(k)
A tabulation of the total number of acres in the project, gross or net, as required in the district regulations, and the percentage thereof proposed to be devoted to the dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks and recreational areas, schools and other reservations;
(l)
A tabulation of the total number of dwelling units of different types in the project and the overall project density in dwelling unit per acre, gross or net, as required by district regulations; and
(m)
The location of all wetlands (both state and federal) shall be indicated by legal description with bearings and distances with each flag point numbered. A signed and dated statement by an experienced qualified professional shall be provided verifying the accuracy of the delineation. If the site contains no wetlands, then the plan must contain an appropriate statement to such effect from the same professional. Building lots containing wetlands shall be identified by notation stating that "construction activities within these sites may require a permit from the United States Army Corps of Engineers, the State of Delaware and/or the Town of Millville."
G.
Additional requirements and waiving requirements.
(1)
In addition to the other provisions contained within this article and for the purpose of achieving the intent of each zoning district, the approval of a site plan shall include consideration of the following:
(a)
Integration of the proposed structure or uses into existing terrain and surrounding landscape;
(b)
Minimal disturbance of wetlands and floodplains;
(c)
Preservation of natural historical features;
(d)
Preservation of open spaces and scenic views;
(e)
Minimal disturbance of tree, vegetation and soil removal and grade changes;
(f)
Screening of objectionable features from neighboring properties and roadways;
(g)
Provision for water supply;
(h)
Provision for sewage disposal;
(i)
Prevention of pollution of surface water and groundwater;
(j)
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;
(k)
Provision for safe vehicular and pedestrian movement within the site and to adjacent ways;
(l)
Effect on area property values;
(m)
Preservation and conservation of farmland;
(n)
Effect on schools, public buildings and community facilities;
(o)
Effect on area roadways and public transportation;
(p)
Compatibility with other area land uses; and
(q)
Effect on area waterways.
(2)
The Town Council may establish additional requirements for final site plans and may waive a particular requirement if, in its opinion, the inclusion of the requirement is not essential to a proper decision on the proposed structure, site, or project.
§ 155-67 Building permits required.
No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the Code Enforcement Officer. No building permit shall be issued by the Code Enforcement Officer except in conformity with the provisions of this chapter, unless he receives a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this chapter.
§ 155-68 Application for building permit.
A.
All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations and dimensions of the proposed uses of the building and land; a letter of approval from the applicant's homeowners' association, if any association exists; a copy of the applicant's Sussex County building permit, if Sussex County requires such a permit; a copy of the approved construction permit for septic system as approved by the Department of Natural Resources and Environmental Control; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.
[Amended 8-8-2017 by Ord. No. 18-01]
B.
One copy of the plans shall be returned to the applicant by the Code Enforcement Officer after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the Code Enforcement Officer.
C.
At the Code Enforcement Officer's discretion, a survey may be required identifying postconstruction conditions and building location on the property, including all setbacks.
§ 155-69 Expiration of building permit.
A.
If the work described in any building permit, except a permit granted for a dwelling or dwelling unit, has not been substantially completed, which shall mean approximately 80% completed or greater, within one year of the date of issuance thereof, said permit shall expire and be canceled by the Code Enforcement Officer and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
B.
If the work described in any building permit shall be for the repair or construction of a dwelling or dwelling unit and is not completed within one year or within one renewal period of the original permit, said permit shall expire and be canceled by the Code Enforcement Officer and written notice thereof shall be given to the person affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
C.
If a variance is granted by the Board of Adjustment and the variance is not exercised for a period of one year from the date of the decision by the Board of Adjustment, the variance shall lapse and be void.
§ 155-70 Applications for zoning permits.
All applications for zoning permits shall be accompanied by a drawing or plat in duplicate or as required by the Code Enforcement Officer, showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for enforcement of these regulation, including, if necessary, a boundary survey and a staking of the lot by a professional surveyor registered in the State of Delaware and complete construction plans. Drawings shall contain suitable notations indicating the proposed use of all lands and buildings. A careful record of the original copy of such application and plats shall be kept in the office of the Code Enforcement Officer and a duplicate copy shall be kept at the building at all times during construction.
§ 155-71 Certificates of zoning compliance (occupancy permit) for new or altered uses.
A.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Code Enforcement Officer stating that the proposed use of the building or land conforms to the requirements of this chapter.
B.
A temporary certificate of zoning compliance may be issued by the Code Enforcement Officer for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
C.
The Code Enforcement Officer shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person, per Town policy.