Milton City Zoning Code
ARTICLE IV
Zoning Use and Overlay Districts
§ 220-12 Delineation of districts.
[Amended 1-9-2023 by Ord. No. 2022-008]
For the purpose of this chapter, the Town of Milton and the lands where its governing body has jurisdiction are hereby divided into zoning use and overlay districts to be designated as set forth herein.
The zoning use and overlay districts are shown on the Official Zoning Map that accompanies this chapter and is hereby declared to be part of this chapter. District map designations, lines, figures, letters and symbols shown on said map are hereby declared to be part of this chapter.
§ 220-13 Single-Family Residential Use District (R-1).
Intent. The intent of the R-1 Single-Family Residential Use District is to delineate areas where predominantly single-family detached, low-density residential development has occurred or is desired and likely to occur in the future and to protect the integrity of these residential areas by encouraging diversity in dwelling styles and construction that preserves existing land features and neighborhood scale. The R-1 district will prohibit the intrusion of any use which is not compatible with this predominant type and intensity as well as clear cutting of trees on the lot or major alteration of existing topography. The R-1 District recognizes the value of such other permissible uses as churches, schools, libraries and other educational buildings, and playgrounds.
[Amended 1-9-2023 by Ord. No. 2022-008]
Permitted uses. Within the R-1 District, permitted principal, accessory and special uses shall be as specified in the following sections.
[Amended 1-9-2023 by Ord. No. 2022-008]
Special permitted uses. The following uses may be permitted in the R-1 Residential Use District consistent with the provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission:
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
§ 220-14 Single-Family Residential Use District (R-2).
Intent. The intent of the R-2 Single-Family Residential Use District is to delineate areas for the development of detached or attached single-family residential uses at densities similar to that of the R-1 Use District, but with the ability to utilize design and planning concepts to create a planned and desirable residential living environment while protecting existing and future uses. The R-2 District protects the integrity of these residential areas by prohibiting the intrusion of any use that is not compatible with these types and intensities of use.
[Amended 1-9-2023 by Ord. No. 2022-008]
Permitted uses. Within the R-2 District, permitted principal, accessory and special uses shall be as specified in the following sections.
[Amended 1-9-2023 by Ord. No. 2022-008]
Special permitted uses. The following uses may be permitted in the R-2 Residential Use District consistent with the provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission:
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
§ 220-15 General and Multifamily Residential Use District (R-3).
Intent. The intent of the R-3 General and Multifamily Residential Use District is to delineate areas where conditions are favorable for the development of multifamily dwellings and where specific conditions of site size, unitary ownership, topography, utility provisions, street capacity and accessibility, landscaping, buffering and scenic quality, compatibility with neighboring uses and areas and drainage are such that multifamily dwelling development exists or is desired and likely to occur and be appropriate in future years.
Permitted uses. Within the R-3 District, permitted principal, special and accessory uses shall be as specified in the following sections.
[Amended 1-9-2023 by Ord. No. 2022-008]
Special permitted uses. The following uses may be permitted in the R-3 Residential Use District consistent with the provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission:
Adult-care facilities.
Bed-and-breakfasts.
Cemeteries.
Churches or places of worship.
Cluster housing.
Day-care center.
Golf courses.
Government uses, nonlocal.
Home occupations.
Libraries.
Museums.
Nursery schools.
Nursing and convalescent homes.
Public or private schools.
Public utility systems.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
§ 220-15.1 Mixed-Use Residential and Commercial District (MURC).
[Added 7-6-2020 by Ord. No. 2020-002]
Intent.
The intent of the Mixed-Use Residential and Commercial District is to encourage and promote well-planned, suitable, sustainable and appropriate mixed-use developments with residential and commercial components within appropriate areas of the Town. The focus is to: allow a more balanced mix of uses in a mixed-use development, provide for the diverse needs of the residents of the Town, allow development flexibility without sacrificing the existing image and character of the surrounding neighborhood, encourage efficient land use by minimizing the amount of land needed for building area, reduce neighborhood vehicle trips, and facilitate development that supports public transit where applicable. A mixed-use development should be safe, comfortable and attractive to pedestrians, patrons and residents. The purpose of the district is to encourage carefully planned mixed-use developments as a means of creating a superior shopping, working and living environment through unified developments, and to provide for the application of design ingenuity while protecting existing and future developments and achieving the goals of the Comprehensive Plan.
The MURC District standards are based on the following principles:
Ensure efficient use of land and public services.
Located along Town's principal arterials.
Create a mix of housing and employment opportunities.
Provide transportation options for employees and customers and reduce reliance on the automobile.
Promote business services close to employment centers.
Ensure compatibility of mixed-use developments with the surrounding area and minimize off-site impacts associated with such development.
Create economically successful mixed-use centers and transit corridors.
For an individual development, maintain a minimum size of five acres and a maximum size of 25 acres.
Maintain a raw ratio of 8:2 residential to commercial.
Permitted uses. The following permitted uses are intended to create and maintain developments with a compatible mix of residential and commercial uses. A broad range of uses are permitted to provide options for commercial opportunities and to promote the development of affordable and workforce housing. This mix of retail, offices, commercial services, housing, and civic uses is intended to create economic and social vitality while encouraging the linking of trips and shortening trip distances between uses and services.
Commercial:
Administrative, financial and professional offices.
Antique and craft stores.
Art galleries.
Artist's and photographer's studios.
Bakery shops.
Barber shops and beauty salons.
Blueprinting and photostatting.
Book and stationery stores.
Clothing stores.
Confectionery stores.
Day-care centers.
Florists and plant shops.
Hardware and paint stores.
Home appliance stores.
Interior decorating shops.
Jewelry stores.
Neighborhood markets.
Media operations (TV and internet).
Medical and dental offices and clinics.
Pet shops.
Pharmacies.
Post offices.
Standard restaurants, coffee shops, tea rooms.
Shoe repair shops.
Shoe shops (retail).
Tailor shops.
Theaters.
Permitted accessory uses, buildings and structures.
[Amended 1-9-2023 by Ord. No. 2022-008]
Accessory uses and structures customarily incident to any of the uses mentioned for this use district, and on the same lot.
Antennas, minor.
Electric vehicle charging stations.
Swimming pools.
Special permitted uses. The following uses may be permitted in the MURC District consistent with the provisions of this chapter and provided that a special use permit is approved under Article VI of this chapter:
[Amended 1-9-2023 by Ord. No. 2022-008]
Adult-care facilities.
Bed-and-breakfasts.
Cemeteries.
Cluster housing.
Electric vehicle (EV) charging station.
Enclosed amusement facilities.
Golf courses.
Government uses, nonlocal.
Home occupations.
Laboratories, medical and dental.
Libraries.
Licensed establishments serving alcoholic beverages for consumption on the premises, provided the establishment of such a business would not adversely affect the health, safety, and general welfare of the community.
Lodges and meeting halls.
Museums.
Nursery schools.
Nursing and convalescent homes.
Public utility systems.
Schools, public or private.
Supportive housing, subject to those restrictions that apply to other dwellings of the same type in the MURC District.
Transitional housing, subject to those restrictions that apply to other residential dwellings of the same type in the MURC District.
Vocational or professional colleges or training centers, including but not limited to barber and beauty colleges, modeling schools, medical training, and other trades located within enclosed facilities.
Prohibited uses. The following uses are incompatible with the MURC District and are specifically prohibited:
Adult-oriented businesses.
Automotive repair facilities.
Automotive service stations.
Car wash facilities.
Commercial parking lots.
Commercial uses other than specifically identified in this section as permitted or specially permitted.
Contractor yard/storage.
Fast food and drive-through restaurants.
Gasoline filling stations.
Gun shops.
Industrial uses.
Landfills.
Motels and hotels.
Motor vehicle dealerships.
Pawn shops.
Sale of any boat or vehicle from a vacant or unimproved lot.
Swap meets.
Transfer stations.
Area and bulk regulations; density control.
In addition, a development may have a maximum of 40% of its gross area consist of residential dwellings.
In addition, the dimensional requirements for this district are incorporated from § 220-24, Density Control Table as follows:
Two-family dwellings, multiple-family dwellings and townhouses shall comply with the dimensional requirements of the R-3 District.
Semidetached single-family dwellings shall comply with the dimensional requirements of the R-2 District.
Detached single-family dwellings shall comply with the dimensional requirements of the R-1 District.
Commercial and nonresidential uses shall comply with the dimensional requirements of the C-1 District.
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
Site plan review; concept plan required.
§ 220-16 Town Center Use District (T-C).
Intent. The intent of the T-C Town Center Use District is to delineate the Town Center area which is historic and pedestrian in scale and is predominantly utilized and is appropriate for a more intensive and traditional mixture of interactive retail, cultural, conference and meeting, lodging, business and personal service, financial, institutional, office, residential and governmental uses and to provide and promote a full range of Town Center uses that serve the needs of the surrounding town and county populations and to ensure that any use permitted is compatible with the character of the district and its permitted types and intensities of use. The purpose of the T-C District is also to recognize the unique historical character of the Town Center as a part of the heritage of the Town of Milton and Sussex County.
Permitted uses. Within the T-C Town Center Use District, permitted principal, special and accessory uses shall be as specified in the following sections.
Permitted principal uses.
[Amended 10-7-2013 by Ord. No. 2013-07; 1-9-2023 by Ord. No. 2022-008]
Antique and craft shops.
Art galleries.
Banks and financial institutions.
Barber- and beauty shops.
Colleges and institutions of higher education.
Day-care centers.
Dwelling, single-family detached.
Dry-cleaning businesses, drop-off and pickup service only.
Dwelling units above first-floor businesses.
General merchandise stores.
Governmental uses, local.
Libraries.
Museums.
Newspaper and publishing facilities.
Nonprofit membership clubs.
Nursery schools.
Personal service establishments.
Photographic studios.
Public or private schools.
Public parks and recreational uses.
Repair shops, nonvehicle.
Restaurants, standard and fast-food.
Retail businesses and commercial uses of a convenience and pedestrian-oriented nature.
Theaters.
Dwelling, single-family semidetached.
Special permitted uses. The following uses may be permitted in the T-C Town Center Use District consistent with the provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission:
[Amended 10-7-2013 by Ord. No. 2013-07; 1-9-2023 by Ord. No. 2022-008]
Adult-care facilities.
Amusement game centers.
Antennas, minor.
Bars and night clubs.
Bed-and-breakfasts.
Churches or places of worship.
Convenience/mini-markets.
Drive-in uses.
Food stores.
Funeral homes.
Home occupations.
Hotels.
Inns.
Medical clinics.
Parking lots, public and private.
Parking structures.
Public utility systems.
Recreation areas, private.
Research laboratories.
Self-service laundries.
Swimming pools.
Government uses, nonlocal.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
§ 220-17 Commercial and Business Use District (C-1).
Intent. The intent of the C-1 Commercial and Business Use District is to delineate areas in the Town that are currently used or are appropriate for general commercial or business uses that provide a range of retail and personal services in order to fulfill recurring needs of residents and visitors and by the nature or scale of the operations permitted and careful site planning are compatible with adjoining commercial and residential areas.
[Amended 1-9-2023 by Ord. No. 2022-008]
Permitted uses. Within the C-1 Commercial and Business Use District, permitted principal, accessory and special uses shall be as specified in the following sections.
Permitted principal uses.
[Amended 1-9-2023 by Ord. No. 2022-008]
Adult-care facilities.
Agricultural uses.
Amusement centers.
Banks and financial institutions.
Car washes.
Churches or places of worship.
Colleges and institutions of higher education.
Day-care centers.
Dwelling, single-family detached and dwelling, single-family, semidetached.
Drive-in uses.
Fabrication, extraction, assembly and other handling of material, including offices and showrooms.
Funeral homes.
General merchandise stores, including but not limited to:
General business office uses.
Government uses.
Greenhouses.
Hospitals.
Hotels and motels.
Inns.
Libraries.
Medical clinics.
Museums.
Newspaper and publishing facilities.
Nonprofit membership clubs.
Nursery schools.
Nursing and convalescent homes.
Photographic studios.
Professional offices.
Public parks and recreational uses.
Research laboratories.
Recreation areas, private.
Public and private schools.
Theaters.
Veterinary hospitals.
Warehousing and wholesale and retail distribution centers including offices and showrooms.
Permitted accessory uses, buildings and structures.
[Amended 1-9-2023 by Ord. No. 2022-008]
Special permitted uses. The following uses may be permitted in the C-1 General Commercial Use District consistent with the provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission:
Bars and nightclubs.
Bed-and-breakfasts.
Cemeteries.
Contractor yard.
Dwelling units above first-floor businesses.
Home occupation.
Garage service and repair uses.
Gasoline filling stations.
Gasoline/convenience/mini-markets.
Parking lots, public.
Parking structure.
Golf courses.
Mining and quarrying.
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
Retail businesses and commercial uses other than those listed above.
Self-service storage facilities.
Trucking terminal.
Registered compassion center.
[Added 1-9-2023 by Ord. No. 2022-008]
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
§ 220-18 Marine Resources Use District (M-R).
Intent. The intent of the Marine Resources Use District established in this section is to recognize the unique role that the Broadkill River and its waterfront areas have played in the formation, growth and life of the Town of Milton. The intent of this district is:
[Amended 7-6-2020 by Ord. No. 2020-004; 1-9-2023 by Ord. No. 2022-008]
To provide for a compatible mixture of waterfront-related uses, including recreational, park, open space and boating uses;
To encourage appropriate and environmentally sensitive land development, including the utilization of land and buildings and the adaptive reuse of existing structures, that is in harmony with the conservation of the district's general recreational and open space character and the historic environmental areas adjacent to the river;
To recognize the sensitivity of the unique waterfront environment and reinforce appropriate safeguards to protect the area from periodic flooding, soil erosion, sedimentation and slope failure due to unregulated construction, removal of vegetation, dredging, filling, damming, construction of unnecessary bulkheads, or channelization;
To further protect scenic views of the river;
To encourage public access to the river; and
To protect and create buffers along the waterways while promoting responsible development of upland portions of the lot.
Permitted uses. Within the M-R Use District, permitted principal, accessory and special uses shall be as specified as follows:
[Amended 7-6-2020 by Ord. No. 2020-004]
Permitted principal uses.
Agricultural uses.
Antique and craft shops.
Art galleries.
Boat docks, slips, piers, etc.
Watercraft sales, rentals and storage, etc.
Dwelling, single-family detached and dwelling, single-family semidetached.
[Amended 1-9-2023 by Ord. No. 2022-008]
Marine and yacht clubs.
Nonprofit membership clubs.
Public parks and recreational uses.
Restaurants, standard and high turnover.
[Amended 1-9-2023 by Ord. No. 2022-008]
Churches or places of worship.
Government uses, local.
[Added 1-9-2023 by Ord. No. 2022-008]
Special permitted uses. The following uses may be permitted in the M-R Use District consistent with the provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission:
Antennas.
[Amended 1-9-2023 by Ord. No. 2022-008]
Aquarium, commercial.
Towers.
[Amended 1-9-2023 by Ord. No. 2022-008]
Bed-and-breakfasts.
Colleges and educational institutions.
Dwelling units above first-floor business.
Fabrication, maintenance and repair of watercraft.
Golf courses.
Government uses, nonlocal.
[Amended 1-9-2023 by Ord. No. 2022-008]
Home occupation.
Inns.
Hunting and Fishing supply sales.
Marine research facilities.
Marine fueling facilities.
Museums.
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, located as part of this chapter.
[Amended 7-6-2020 by Ord. No. 2020-004]
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
§ 220-19 Light Industrial Use District (LI-1).
Intent. The intent of the LI-1 Light Industrial Use District is to delineate areas that are used for and suited for limited types of manufacturing and industrial uses that are compatible with adjacent residential and other uses and are permitted by special permit. These types of uses include light manufacturing, distribution, wholesaling, research and testing, warehousing, and processing or other uses that contribute jobs and tax base to the economy of the region, are compatible with nonindustrial neighboring uses and are consistent with the standards described in Article VII.
[Amended 1-9-2023 by Ord. No. 2022-008]
Permitted uses. Within the LI-1 Use District, permitted principal, accessory and special uses shall be as specified in the following sections.
Permitted uses.
Beverage blending, distilling, bottling, etc.
Contractor yards and equipment.
Drive-in uses.
Dry-cleaning businesses.
Fabrication, extraction, assembly and other handling of material.
General business offices.
Greenhouses.
Manufacturing of medical, dental, or drafting equipment.
[Amended 1-9-2023 by Ord. No. 2022-008]
Newspaper and publishing facilities.
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
Repair shops, nonvehicle.
Self-service storage facilities.
Trucking terminals.
Vehicle rental facilities.
Professional offices.
[Added 5-9-2008 by Ord. No. 2008-0004]
Medical clinics.
[Added 5-9-2008 by Ord. No. 2008-0004]
Government uses, local.
[Added 1-9-2023 by Ord. No. 2022-008]
Special permitted uses. Within the LI-1 Use District, special permitted and accessory uses shall be as specified in the following sections.
Agricultural processing, storage and service facilities.
Antennas and towers.
Banks.
Car washes.
Garage, service and repair uses.
Government uses, nonlocal.
[Amended 1-9-2023 by Ord. No. 2022-008]
Mining and quarrying.
Parking lots, private.
Public parks and recreational uses.
Research laboratories.
Vehicle repair.
Dimensional requirements. The dimensional requirements for this district are specified in § 220-24, Density Control Table, that is part of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
Off-street parking requirements and loading requirements. The off-street parking and loading regulations are specified in Article VII of this chapter.
§ 220-19.1 Limited Light Industrial Use District (LLI-1).
[Added 10-5-2020 by Ord. No. 2020-003]
Intent. The intent of the LLI-1 Limited Light Industrial Use District is to:
Delineate areas that are used for and suited for limited types of clean industrial uses compatible with adjacent residential and selected uses that are permitted by special permit. These types of uses include selected light manufacturing, distribution; wholesaling; research and testing; warehousing; processing; and other uses that contribute jobs and tax base to the economy of the Town of Milton, are compatible with nonindustrial neighboring uses, and are consistent with standards described in Article VII of this chapter;
Provide locations for the development of clean, light-intensity industrial, office, warehouse, wholesale, and research establishments to be compatible with a neighboring residential zone, and appropriately located for access by arterial and collector roadways, where all lots shall be used only for limited light manufacturing and other permitted uses as described within this section;
Provide for performance standards and site design requirements that would control and confine offensive features such as noise, vibration, heat, smoke, glare, dust, odors, light, and storage; and
Provide employment opportunities close to places of residence with corresponding reduction of travel time from home to work.
Permitted uses. Within the LLI-1 Limited Light Industrial Use District, permitted principal, accessory, and special uses are specified in the following sections.
Permitted principal uses.
General business and professional offices.
Greenhouses.
Newspaper, printing and publishing facilities.
Public utility systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
Repair shop, personal service; not garage, service/repair.
Self-service storage facilities.
Medical clinics.
Manufacturing of boats, electrical appliances, and wood products.
Manufacturing of rugs, mattresses, pillows, clothing, fabrics, and textiles.
Manufacturing of furniture, baskets, and similar products.
Banks and financial institutions.
Bakery operations.
Millwork and lumberyards.
Emergency uses, e.g., police, fire and rescue.
Packing of previously prepared materials (excluding food/animal items).
Industrial and technical training schools.
HVAC, plumbing manufacturing and storage.
Sign fabrication.
Warehouses.
Wholesale store, business or establishment.
Artisans and craft work.
Retail display rooms.
Contractor's yards.
Fabrication, extraction, assembly, and other handling of nonhazardous materials.
Solar collector farms.
Churches or places of worship.
Government uses, local.
[Amended 1-9-2023 by Ord. No. 2022-008]
Special permitted uses. The following uses may be permitted in the LLI-1 Limited Light Industrial Use District consistent with the provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission:
Antennas and towers.
Car washes.
Manufacturing of medical, dental, optical, drafting, and other materials, equipment, and products not permitted under Subsection B(1) of this section.
[Amended 1-9-2023 by Ord. No. 2022-008]
Garages, service/repair.
Public parks and recreational areas.
Research and testing in medical laboratories (excluding live animals).
Radio, TV, cable broadcasting facilities.
Vehicle rental facilities.
Government uses, nonlocal.
[Added 1-9-2023 by Ord. No. 2022-008]
Special permitted accessory uses. An accessory use, if found necessary, can be drawn from the list of permitted principal uses or list of prohibited uses in this § 220-19.1 or can relate to new uses if consistent with the other provisions of this chapter and provided that a special use permit is approved by the Planning and Zoning Commission.
Prohibited uses. The following uses are incompatible with the LLI-1 Limited Light Industrial Use District and are specifically prohibited.
Beverage blending and bottling.
Compounding of cosmetics, toiletries, drugs or pharmaceuticals.
Trucking terminal.
Residential dwellings of all types.
Gasoline filling stations.
Asphalt or concrete batching plants.
Kennels.
Sawmills.
Bulk or bagged building material storage or sale.
Dairy operations.
Livery stables and riding academies.
Raising of animals.
Processing, packing, storing, rendering or slaughtering of animals.
Blending or storing of insecticides, disinfectants, industrial or household chemicals, and similar hazardous materials.
[Amended 1-9-2023 by Ord. No. 2022-008]
Processing or manufacturing of rubber products, including tire recapping.
Restaurants.
[Amended 1-9-2023 by Ord. No. 2022-008]
Trailer and truck body assembly.
Junkyards and recycling centers for any materials.
Dumping, disposal, and incineration of garbage, sewage or dead animals.
Refining or smelting operations.
Vehicle sales areas and storage of new and used vehicles.
Personal service establishments, e.g., barber shops and beauty shops.
Dry cleaning, commercial.
Commercial parking lots or garages.
Area and bulk regulations; density control.
The LLI-1 Limited Light Industrial Use District is subject to the area and bulk regulations in Article V of this chapter.
In addition, each business or use within an industrial/business park shall comply with the following:
The minimum size is one acre or 43,560 square feet.
There shall only be one principal structure and one principal use.
Maximum coverage for principal building and all accessory buildings is 60%.
For any property line abutting a residential zone, a landscape buffer of at least 100 feet is required, as described in Subsection E(2)(a)[1] of this section. No structure other than fences shall be erected within the buffer zone that must be created before any other construction commences, unless otherwise approved by the Planning and Zoning Commission in the site plan review process.
[Amended 1-9-2023 by Ord. No. 2022-008]
Site plan review.
Site plan review and approval shall be required for all uses within the LLI-1 Limited Light Industrial Use District in accordance with Article VI of this chapter.
In addition, the site plan shall include the following:
In addition to § 220-54 of this chapter, landscaping shall comply with the following:
Within the buffer area required under Subsection D of this section:
The landscaping individually or in combination with a berm shall be of an initial height not less than 6.5 feet, and dense enough to screen any commercial or industrial activities that may occur from view on the adjacent residentially zoned lots.
Buffer area plantings shall fill an area of at least 25 feet within a reasonable amount of time period, weather permitting, as deemed appropriate by the Planning and Zoning Commission during the site plan review.
The landscape design or plan shall show typical placement and types of planting for the area immediately surrounding the main building and any other structures.
Landscaping shall be placed in all unpaved areas not used for the structures, parking, loading, or storage.
Each property owner, occupant, and lessee shall maintain all landscaping according to the standards of the Town of Milton Code.
The Planning and Zoning Commission may specify or suggest plantings in the site plan review process.
All landscaping shall be installed according to the approved site plan no later than 90 days after the issuance of a certificate of occupancy, weather permitting.
A maintenance bond equal to 125% of the value of the plantings shall be in place for 18 months after notice of completion of said plantings is submitted to the Town Project Coordinator.
Lighting plan.
An exterior lighting plan, including the structures and the areas for parking, loading or unloading areas, shall be submitted as part of the site plan.
The lighting plan shall include the type and location of each lighting fixture and identify lighted areas by showing where the light from each fixture will be on the ground/plan-a photometric distribution line.
Lighting shall not overlap, shine onto any adjacent property, or be of a type or design that produces any light upward beyond minimal light.
The maximum height of any freestanding light, whether pole or stanchion, shall be 25 feet, including fixture.
Off-street parking requirements.
In addition, each use shall provide a sufficient number of parking spaces in the appropriate and approved location, so that no driveway, aisle, fire lane, or street right- of-way is used at any time for parking.
Loading and unloading requirements.
In addition, all loading and unloading shall take place in the locations designated on the site plan and shall be located so that any vehicle maneuvering into a load/unload location does not interfere with any parking space, driveway, fire lane or street right-of- way.
All load/unload locations shall be paved according to this chapter prior to issuance of a certificate of occupancy.
No vehicle shall be permitted to idle its engine during the process of loading or unloading.
Construction of buildings and other structures.
Unless equivalent materials are approved during the site plan process:
Screening and fencing.
Screening of service containers and waste disposal areas shall be included and shall identify the specific location and type of screening.
The maximum height of all screening and fencing shall be eight feet.
Fences may be constructed of metal, plastic (PVC), or other materials approved in the site plan process but shall not be constructed of wood.
All fencing on a lot shall have a uniform and durable character and shall be properly maintained.
Utilities placement and design.
No outside assembly, manufacturing, or storage.
No assembly, manufacturing, fabrication, extraction, packing, millwork, or repairs shall occur except in a fully enclosed building.
Neither raw materials nor finished product shall be stored outside; all storage of these items shall be within a fully enclosed building.
No materials shall be stored in any area on a site except inside a closed building or behind a visual barrier that screens the view from public streets, service roads, and all adjacent property, including those materials in active use by a contractor in a contractor's yard.
No trailer or shipping container shall be used for storage purposes on any lot.
Vehicles associated with or utilized by the use may be stored on-site overnight, provided these vehicles are not visible from any adjacent property, and all security lighting meets the lighting standards provided for in this section; however, no such stored vehicle shall exceed 24 feet in length.
Nuisance control. No use in the LLI-1 Limited Light Industrial Use District shall violate the prohibitions in § 220-22, § 220-8F, or the more specific regulations in this subsection. Where a conflict exists between any of the provisions, the most restrictive provision shall control.
Noise.
No use or activity shall produce a noise or sound that is objectionable because of its volume, duration, frequency or shrillness.
The regulations governing the control of noise in 7 Del. Admin. C. § 1149, as amended, are hereby adopted and incorporated by reference as if fully set out herein and shall be controlling for the purposes of this district.
Fumes and smoke.
No operation, storage of material, or use shall be permitted, or maintained, that affects any adjacent site or property by emitting noxious, toxic or corrosive fumes or gases.
No smoke shall be emitted when the shade of such smoke is darker than No. 2 on the Ringelmann Scale for Grading the Density of Smoke published by the United States Bureau of Mines.
Air discharges at any venting pipe, stacks or windows shall contain no air contaminants that would require a permit for discharge from a governmental agency without the applicable permit.
Odors. No use or activity shall produce odor or emissions that are detectable beyond the boundary of the property of origin and are objectionable because of continuity, regularity, or frequency.
Dirt and dust. During the normal operation of any use, no unnecessary dirt or dust shall be created, nor shall be allowed to escape to an adjacent property.
Exemptions. Activities related to public or private construction or maintenance work, agriculture, timber harvesting, emergency warning devices, or other similar short-term or temporary activities may be administratively exempted from the more specific requirements of this subsection if the Town Code Enforcement Officer determines there is sufficient reason to do so. In making that determination the Town Code Enforcement Officer may place reasonable conditions (such as time limitations and hours of operation) on such an exemption.
§ 220-20 Large Parcel Development District (LPD).
Intent. The purpose of this district is to develop new and redevelop older neighborhoods that reflect the urban design and scale of the Town of Milton. The LPD District provides for design ingenuity while protecting existing and future developments. In order to encourage large-scale developments as a means of creating a superior living environment, the LPD District shall encourage the following:
Special and historic relationship with the Town. Awareness of and appreciation for the connection between man-made and natural environments necessitates the protection of public open spaces, wetlands, ponds, tree canopy, and unique vegetation in the district.
[Amended 1-9-2023 by Ord. No. 2022-008]
Community of diversity. Diversity is achieved by mixing a variety of housing and building types and uses, architectural styles and dwelling unit densities and ranges of affordability within neighborhoods, while maintaining the principles of good design. The scale and style of the existing Town of Milton is to be evident in the planning of new LPD communities.
Human Town scale and neighborhood interaction. To create pedestrian accessways in neighborhoods where there are places that can be reached by walking, such as parks, churches and convenience shops, and safe places to walk, such as sidewalks and pedestrian corridors. Connections to create networks of pedestrian accessways to existing streets and neighborhoods is beneficial to provide integration with the Town of Milton. Appropriately proportioned streets, shallow setbacks, front porches, open yards, sidewalks, street trees, sidewalk furniture and places for people to gather, such as parks and playgrounds promote neighborhood interaction.
[Amended 1-9-2023 by Ord. No. 2022-008]
Busy days and quiet nights. Neighborhood business, commercial and institutional uses should be limited in size and intensity so as to enhance a predominantly residential neighborhood.
Permitted principal uses.
Dwelling, single-family detached.
[Amended 1-9-2023 by Ord. No. 2022-008]
Dwelling, single-family semidetached.
[Amended 1-9-2023 by Ord. No. 2022-008]
Dwelling, multiple-family, including townhouses and apartments.
[Amended 1-9-2023 by Ord. No. 2022-008]
Mixed residential and business uses in the same building.
Government uses, social, civic, or charitable organization meeting halls and offices.
[Amended 1-9-2023 by Ord. No. 2022-008]
Churches.
Public or private schools.
Parks, playgrounds, athletic recreation facilities, noncommercial swimming pools and community centers.
Fire stations.
Libraries or museums.
Bed-and-breakfasts/inns.
Day-care centers, day nurseries and preschool centers.
Continuing care, assisted living and retirement uses that provide a combination of living accommodations for older adults, generally 55 years of age and older, together with a "continuum of care," i.e., care that progresses or increases as the needs of the individual resident increase.
[Amended 1-9-2023 by Ord. No. 2022-008]
Educational and cultural uses that enrich and benefit the residents of the Town of Milton through:
[Amended 1-9-2023 by Ord. No. 2022-008]
Commercial and neighborhood business uses of convenience and necessity to the development as a whole; such uses and accessory off-street parking and loading spaces incident to such commercial uses not to exceed one acre for each 50 dwelling units in the planned LPD.[1]
[1]
Editor's Note: Former Subsection B(16), Townhouses, was repealed 1-9-2023 by Ord. No. 2022-008.
Permitted accessory uses, buildings and structures.
Superimposed district. To enable the LPD to operate in harmony with the plan for land use within the Town of Milton Land Use Plan, the LPD District is created as a special district to be superimposed on other districts contained in this chapter and is to be so designated by a special symbol for its boundaries on the Official Zoning District Map.
Minimum district area. The minimum area for an LPD District shall be 25 acres.
Concurrent establishment of other districts. An application for approval of an LPD District may show and be processed concurrently with separate applications for establishment of any other district established by this chapter, in accordance with the regulations which apply to those districts.
Master plan submission.
An applicant for the LPD District shall submit a master plan to the Milton Planning and Zoning Commission and the Town of Milton Town Council for approval; this plan shall include the following:
The total number of dwelling units.
Parking requirements for each housing type.
Accessory building requirements.
Height, area and bulk requirements related to each proposed land use.
Proposed landscaping.
Proposed sidewalks, multipurpose or recreational paths, and trails.
[Amended 1-9-2023 by Ord. No. 2022-008]
Proposed streetlighting.
Signage.
Open space.
Recreation facilities.
Trash containment.
Streets, alleys, and their right-of-way dimensions.
[Added 1-9-2023 by Ord. No. 2022-008]
The Planning and Zoning Commission and the Town of Milton Town Council shall review the conformity of the proposed development with the standards of the Milton Comprehensive Plan and recognized principles of land use planning and landscape architecture.
The minimum lot and yard requirements and maximum height requirements of the zoning district where the LPD is located need not apply, except that the Town shall ensure an appropriate relationship between proposed land uses and existing land uses near the boundaries of the proposed LPD District.
[Amended 1-9-2023 by Ord. No. 2022-008]
The Planning and Zoning Commission and the Town Council may impose conditions regarding the layout and design of the proposed development to assure compliance with the development plan presented by the applicant.
Procedure for master plan approval.
A preliminary master plan shall be subject to a public hearing by the Planning and Zoning Commission at a public noticed meeting upon direction of the Town Council. The Town Council shall review the recommendations from the Planning and Zoning Commission. When a preliminary master plan is approved by the Town Council, it shall be returned to the Planning and Zoning Commission pending preparation of the final master plan by the applicant. A final master plan incorporating all of the requirements, amendments and conditions of the Town Council shall be reviewed by the Planning and Zoning Commission and shall be placed on record after such approval.
[Amended 1-9-2023 by Ord. No. 2022-008]
No public hearing shall be required for approval of amendments to the record master plan unless changes proposed significantly alter a provision of the approved record master plan.
Prohibited uses. In an LPD Large Parcel Development District, any use not permitted shall be prohibited. Specifically prohibited are:
Business uses with bulk storage of hazardous materials.
Ownership. The land in an LPD Large Parcel Development District need not be under single ownership; provided, however that proper assurances are given through the procedures contained in this chapter that the project can be successfully completed.
Schedule of construction. Before the approval of the LPD Large Parcel Development District, the Town may request a sequence and schedule of construction from the applicant.
Additional land area. If, after approval and recording of the master plan, the owner/developer desires to incorporate additional land or after-acquired adjacent land area into the development plan, a conference shall be held with the Planning and Zoning Commission for purpose of reviewing the additional land. If an application is filed, the procedural requirements shall be as for all other LPD Large Parcel Development districts and shall be considered as the establishment of a new and separate district.
[Amended 1-9-2023 by Ord. No. 2022-008]
Minimum lot area and width. The minimum lot area and minimum lot width of detached single-family dwelling lots shall be no less than 5,000 square feet and no less than 50 feet wide. The minimum lot area and minimum lot width of lots for semidetached single-family dwellings shall be no less than 3,000 square feet and no less than 30 feet wide. The minimum lot area and minimum lot width of lots for townhouses shall be no less than 2,500 square feet and no less than 20 feet wide.
[Amended 1-9-2023 by Ord. No. 2022-008]
Number of dwelling units permitted. The maximum number of dwelling units permitted shall be determined by dividing the net development area (total acreage) by the minimum lot area per dwelling unit required by the district or districts where the area is located. Net development area shall be determined by subtracting the area set aside for state wetlands and 25% of the remainder for streets or the actual area for 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 dwelling units permitted.
[Amended 1-9-2023 by Ord. No. 2022-008]
Requirements regarding parking, streets, alleys and driveways. Design of parking areas, streets, alleys and driveways intended to be dedicated to the Town of Milton shall meet the minimum construction requirements of the Town of Milton with respect to right-of-way, horizontal and vertical curvature, pavement section, material and tabulation of structural numbers.
[Amended 1-9-2023 by Ord. No. 2022-008]
Modification of development standards.
The Planning and Zoning Commission, using the Large Parcel Development District, may recommend that the following development standards be modified. The recommendation for approval shall be forwarded to Town Council for consideration and final approval, denial or modification:
Basis for approval of alternative development standards. Approval of alternative development standards using the Large Parcel Development District differs from the variance procedure described in Article XI of this chapter in that rather than being based upon a hardship or unusual circumstance related to a specific property, the approval of alternative development standards proposed by a large parcel development shall be based upon the criteria listed in this section. In evaluating a large parcel development that proposes to modify the development standards, the Planning and Zoning Commission shall consider and base its findings upon the ability of the proposal to satisfy the following criteria:
[Amended 1-9-2023 by Ord. No. 2022-008]
The proposed planned development's compatibility with surrounding properties, especially related to:
Landscaping and buffering of buildings, parking, loading and storage areas;
Public safety;
Site access, on-site circulation and off-street parking;
Light and shadow impacts;
Number, size and location of signs;
Generation of nuisance irritants such as noise, smoke, dust, odor, glare, vibration or other undesirable impacts;
Architectural design of buildings and harmonious use of materials.
The unique characteristics of the subject property;
The unique characteristics of the proposed use(s);
The arrangement of buildings and open spaces as they relate to various uses within or adjacent to the planned development;
Visual impact of the planned development upon the surrounding area;
Public improvements proposed in connection with the planned development;
Preservation of unique natural features of the property;
The public benefit derived by allowing the proposed alteration of development standards.
§ 220-21 Historic Preservation Overlay District (HP-OD).
[Amended 8-4-2007 by Ord. No. 2007-0001; 9-4-2007 by Ord. No. 2007-0008; 12-7-2009; 7-2-2012 by Ord. No. 2012-05; 5-7-2014 by Ord. No. 2014-04; 6-5-2017 by Ord. No. 2017-003]
The Town of Milton's HP-OD includes a large National Register Historic District placed on the National Register of Historic Places in 1982. The Town of Milton is a Delaware Certified Local Government. The following code enforces a Zoning Ordinance for the designation and protection of historic properties located within the HP-OD.
Intent. These regulations are applicable to real property and improvements within the Residential (Historic), Commercial (Historic) and Town Center (Historic) Zoning Districts, hereafter referred to as the "Historic Preservation Overlay District (HP-OD)." Because structures in the Historic District are individual in their location, size, style, and history, the Town of Milton Historic Preservation Commission will consider each property as a unique entity and make decisions according to § 220-21 of the Town Code with consideration of the Secretary of the Interior's Standards for Rehabilitation: http://www.nps.gov/tps/standards/rehabilitation/rehab/stand.htm.
Purpose. The purpose of this section shall be to accomplish the following:
To assist in preserving the historic character and the cultural significance of the Town of Milton.
To safeguard the heritage of the Town by preserving the elements that reflect the cultural, social, economic, political or architectural history of the Town.
[Amended 1-9-2023 by Ord. No. 2022-008]
To promote the use and preservation of the values as established by the Town of Milton Comprehensive Plan.
To recommend alteration or new construction in keeping with the National Register historic district standards.
To recommend rehabilitation rather than demolition of contributing structures or historic properties.
To encourage the proper maintenance, preservation and, when necessary, alteration of structures in the Historic District.
To promote the use of the district for the education, pleasure and welfare of Milton's citizens and visitors.
To strengthen the local economy.
Definitions. In addition to the definitions in Article II of this chapter, the following definitions shall be applicable within this district unless the context clearly indicates to the contrary:
[Amended 1-9-2023 by Ord. No. 2022-008]
Any enlargement of a structure, whether by extension on any side, front or rear portion of the structure or by an increase in height of the structure.
Any activity requiring a building permit, the approval of the Town of Milton Code Department, and/or any change in the exterior appearance (other than maintenance) or structural change, including but not limited to construction, reconstruction, renovation, modification, change, moving or demolition of a noncommercial structure within the Town of Milton HP-OD.
Exists when a built structure embodies the distinctive characteristics of a type, period or method of construction and/or represents an established or familiar visual feature of the neighborhood, community or Town due to its singular physical characteristic.
A combination of materials to form a construction for use as shelter for any form of human activity.
Subject to approval by the Historic Preservation Commission pursuant to this section, the height of any single-family dwelling located in the Historic District and in public view may be increased to the same height as any other existing single-family dwelling within 100 feet of the front property line, on the same side of the street and within the same block upon confirmation by the Project Coordinator that all applicable requirements are met. An addition to an existing single-family structure that is located within the Historic District, but will not be in public view, may be built to the height of the existing structure to maintain existing rooflines and architectural features. No structure shall exceed the height as stated in the Density Control Table for the underlying district.
The Town official charged with enforcement of the Zoning Ordinance. The Code Enforcement Officer is the person hired for this purpose as an employee by the Town.
Any structure or site that is currently used primarily for commercial activities and not primarily for residential uses.
A building that is judged to add to the Historic District's sense of time, place, and historic development under criteria established by the HPC, including historical significance, integrity and context. Such structures are so designated because they meet an architectural test (i.e., compatible with surrounding buildings, or represent an architectural style identified with Milton's history).
Destruction, razing, commencement of the work or steps of total or partial destruction with the purpose of completing the same; includes any willful neglect in the maintenance and repair of a structure that threatens to result in substantial deterioration of the exterior features or the structural integrity of the building.
An overlay zone within the Town of Milton identified and designated as having historic importance. The Historic District is shown on the Town of Milton Zoning Maps as a series of zoning districts characterized as "historic."
A Commission consisting of five to nine members recommended by the Mayor and confirmed by the Town Council to serve a term of three years each. A majority of the members of the HPC shall reside within the Historic Preservation Overlay District of the Town of Milton.
Commercial and noncommercial structures and sites, public rights-of-way or areas designated by the Town Council as having importance in the history of the Town of Milton as listed in Appendix A. [Note: Appendix A (List of Structures within the Historic Preservation Overlay District) is on file in the Town offices.]
Exists when a property embodies the distinctive characteristics of a type, period or method of construction and/or represents an established or familiar visual feature of the neighborhood, community or Town due to its singular physical characteristic or environmental setting.
That portion of a structure that is visible or could be visible in the absence of a fence or landscaping, from the section of a public right-of-way or public street. If the dwelling is located on more than one street, then that portion of a structure that is visible or could be visible in the absence of a fence or landscaping from any section of a public right-of-way or public street abutting a property line of the property on which the structure exists.
Ordinary repairs and maintenance, including design, materials, features or finishes of a structure that do not alter the exterior appearance of the structure and have no material effect on the historical, archaeological or architectural significance of the structure. Paint color is not subject to review.
The elected, or duly appointed, Mayor and members of the Town Council of the Town of Milton, Delaware. Also known as the "Town Council."
Any building, structure or site that is currently used for both commercial and residential uses, including structures, sites or unimproved land that may fall under the zoning definition of "Town Center."
A structure that does not add to the Historic District's sense of time, place and historic development (i.e., compatible with surrounding buildings or represents an architectural style identified with Milton's history) or those buildings/structures that may have been moved from their original locations within the Historic District to another location within the Historic District.
A term used to refer to all nonresidential structures on a site, including any accessory structure.
The Town official responsible for assisting members of the public with the application process before the Historic Preservation Commission, as well as assisting the HPC with the performance of its obligations and responsibilities as set forth in this section. The Project Coordinator is the person hired for this purpose as an employee by the Town.
The rhythm of a structure and its components is the spacing or repetition of architectural elements or details. The regularity, frequency and placement of doors, windows, porches, railings, and ramps and their placement within a facade is a type of rhythm. Rhythm between adjoining structures can exist when building types are repeated along a streetscape.
Scale is the relationship of the architectural mass of the structure in the context of the streetscape.
The visual appearance of a street formed by the location and size of buildings, walkways, street trees, accessories, and other facilities.
A combination of materials to form a construction for use or ornamentation other than human shelter, including but not limited to buildings, sheds, outbuildings listed in Appendix A, fences, mechanical equipment, storage tanks, signs, bulkheads, jetties, groins, whether installed on, above, or below the surface of land or water. [Note: Appendix A (List of Historic Structures) is on file in the Town offices.]
Being of an indigenous building style using local materials and traditional methods of construction and ornament, especially as distinguished from academic or historical architectural styles.
Historic Preservation Commission composition; qualifications; appointment. There is hereby established a commission to be called the "Historic Preservation Commission" (hereafter "HPC").
The HPC shall consist of five to nine members to be appointed by the Mayor of the Town of Milton, subject to confirmation by a majority of the members of the Town Council present and voting for a term of three years. To the extent possible, appointments shall be made with consideration of the diverse talents and communities represented in Milton; consideration for appointments shall be given to residents who possess knowledge or experience in architectural design and historic preservation. At least a majority of members shall be residents of and have legal or equitable title to property in the Historic District, and all members shall be residents of and have legal or equitable title to property in or be leaseholders of public lands within the Town of Milton.
Vacancies on the HPC must be filled within 90 calendar days of an expired term or receipt of a letter of resignation. The appointed member shall reflect the geographic residency and expertise of the member who vacated the position. The appointment shall be for the remainder of the term of the vacating member or for the full three-year term if the vacancy results from an expired term. The appointment is subject to confirmation by a majority of the members of the Town Council present and voting.
A member of the Town Council may, and the Town Project Coordinator shall, be ex officio members of the HPC. An ex officio member may exercise all the powers of the regular members of the HPC except that they shall not have a vote. No ex officio member shall hold an office on the HPC.
[Amended 1-9-2023 by Ord. No. 2022-008]
The HPC shall adopt and consistently adhere to bylaws or rules of procedures that are publicly available and include a section prohibiting conflicts of interest.
The HPC shall establish its own rules and procedures and describe them in the Town of Milton Historic Preservation Bylaws and determine the times of its meetings. All meetings and actions of the HPC shall be open to the public except appropriate executive sessions. All records of the HPC shall be public except those otherwise required to be confidential.
The HPC shall schedule monthly meetings. If no agenda items are available or requested 15 working days prior to the time of the scheduled meeting, such meeting may be cancelled. An agenda item may be withdrawn at any time up to and including the opening of a scheduled meeting; however, if such matter has been withdrawn prior to the meeting and it is the only matter for that agenda, the meeting may be cancelled. HPC meetings must occur at least four times per year.
At least once annually, all members of the HPC must make a reasonable effort to participate in historic preservation training that may include conferences, presentations, or workshops by preservation professionals or the State Historic Preservation Office (SHPO). Ideally, such sessions will be identified and scheduled by the Commission's Education Chair.
[Amended 10-4-2021 by Ord. No. 2021-007; 1-9-2023 by Ord. No. 2022-008]
HPC Chair and/or designated alternate HPC Commissioner/Town staff review. The HPC Chair and/or alternate designated HPC Commissioner and Town staff may approve an HPC application without a formal hearing for projects that are estimated at less than $3,000 and do not constitute a change to the exterior appearance of the structure, and using identical material, including but not limited to:
[Amended 10-4-2021 by Ord. No. 2021-007; 7-3-2023 by Ord. No. 2023-005]
Repair of existing windows or doors, including storm windows.
Replacement of existing vinyl windows or doors with same design.
Repair of existing roof material.
Repair of existing roof structures, such as cupolas, dormers and chimneys.
Repair of existing shingles, existing shutters, clapboards, or other siding, fences, or retaining walls, corniches, fretwork, and other decorative adornments.
Procedures.
Before the construction, alteration, reconstruction, moving or demolition of any dwelling, residence or related structures on property within the Historic District or on historic properties not within the Historic District that would affect the exterior appearance of a structure visible or intended to be visible from an adjacent public way, the owner, agent or representative proposing to construct or change shall file with the Project Coordinator of the Town of Milton an application for permission from the HPC to rehabilitate, construct, build, alter, reconstruct, move, demolish or make the addition. Notation shall be made on all work permits for the Historic District: "Historic architectural elements shall not be removed, replaced, or altered during the act of performing the approved replacement, rehabilitation, or repair." Structures that have individual historic status by DOI shall be held to the higher DOI standards.
[Amended 7-3-2023 by Ord. No. 2023-005]
The Town HPC approval/disapproval letter to applicants shall be reviewed and signed by the HPC Secretary or designated commission alternate prior to issuing to the applicant.
[Amended 10-4-2021 by Ord. No. 2021-007; 7-3-2023 by Ord. No. 2023-005]
Application and approval procedures for matters other than demolition.
The applicant shall apply for a building permit; if the proposed site is in the Historic District, the Project Coordinator or designee shall notify the applicant that the project must be approved by the HPC [unless the project falls under § 220-21D(8)] and shall give the applicant an HPC application with the notation: "Historic architectural elements shall not be removed, replaced or altered during the act of performing the approved replacement, rehabilitation, or repair."
[Amended 7-3-2023 by Ord. No. 2023-005]
For the initial application, the applicant shall fill out the application form provided by the Town and submit 11 copies of the documentation required in this § 220-21E(3)(b). An application is deemed complete when the items required by the Project Coordinator have been submitted. After the review process is completed and approved, the Project Coordinator will return two sets of plans to the applicant and retain the remainder for Town records.
[Amended 1-9-2023 by Ord. No. 2022-008]
A site plan, survey sealed by a professional engineer or surveyor, if required by the Project Coordinator, identifying all existing and new structures, required setbacks and easements.
Plan and elevation drawings of the proposed change, construction, alteration, or modification.
A description and/or providing of samples illustrating the type and texture of the materials to be used for the exterior.
Current photographs of the property to include front, side, and/or rear street views if applicable.
Current photographs of adjacent and neighborhood properties, including the streetscape of both sides of the street on which the subject property is located.
An architectural rendering for new house construction, proposed additions or a significant alteration of an existing structure.
The HPC will meet at regular intervals to ensure timely consideration of all applications pending before the HPC. Completed applications submitted to the Project Coordinator no less than two weeks (14 calendar days) prior to a regularly scheduled meeting will be heard at that next scheduled meeting. Applicants or their designee must attend the HPC meeting at the time their application(s) is/are heard.
The HPC shall endeavor to arrive at a decision at the first meeting when the application is presented; however, if the HPC decides that it needs more information or time to make a decision, it shall either place the application on the agenda for the next meeting or schedule a special meeting. The HPC shall grant or deny the application as expeditiously as possible, but in no event later than the second meeting when the application is on the agenda and the applicant appears, except when the application is for demolition [see § 220-21E(4)]; failure to act within said time frame shall be deemed to be approval of the application as submitted; however, an extension may be granted if agreed to by both the applicant and the HPC.
[Amended 1-9-2023 by Ord. No. 2022-008]
If an applicant or a member of the public has information, evidence or testimony that contradicts the current designation of contributing or noncontributing, or has information about the history or other information that could materially affect the decision-making process of Commission members, the HPC shall consider that information, evidence or testimony before addressing the application. Such information shall be presented to the HPC as a notarized statement, or a copy of official document(s), and shall be made available to the Project Coordinator, the HPC, and applicant at least five working days before the scheduled meeting.
If the members of the HPC, by simple majority vote of the Commissioners present, determine that additional time is needed to digest the new information, the decision will be postponed for one meeting and the requirement for a decision at the end of the second meeting when the application is considered shall be suspended.
If, after review of the application by the Project Coordinator, it is determined that the proposed activity will require a variance, the Project Coordinator shall notify the applicant and provide information on the process for application to the Board of Adjustment, forward the application to the Historic Preservation Commission, and shall schedule a conceptual review between the applicant and the HPC. The purpose of concept review is to allow the applicant to review input from the HPC prior to the Board of Adjustment process. If no application to the Board of Adjustment is made by the applicant within 30 days after the conceptual review, the application to the HPC shall be deemed to have been withdrawn.
[Amended 5-6-2019 by Ord. No. 2019-004; 1-9-2023 by Ord. No. 2022-008]
The HPC may either grant approval, grant approval with conditions, or deny the application. The HPC approval/disapproval letter to applicants shall include the reasons that the proposal does not meet the criteria § 220-21F, Criteria, and § 220-21G, Standards. The approval/disapproval letter will be reviewed and signed by the HPC Chair or the Secretary or designated HPC alternate prior to issuing to the applicant. The applicant shall have the opportunity to resubmit the application with modifications; such resubmissions shall meet the same requirements as the original. If the second submission of the application is denied, the applicant may either modify the application for another submission or appeal the denial to the Board of Adjustment. In no event may the HPC make recommendations for changes that will require violation of other requirements of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008; 7-3-2023 by Ord. No. 2023-005]
Written notice of the decision of the HPC will be forwarded promptly by the Project Coordinator to the applicant. The notice will inform the applicant to meet with the Project Coordinator to complete the application for a building permit. Approval shall be valid for one year for the approved project; if the project is commenced but not completed before the end of that period, the owner shall apply to the Project Coordinator for an extension that may not exceed an additional period of one year, unless there are special circumstances, in which case, the owner may apply to the HPC for an extension.
Substantive changes to the HPC-approved project prior to or during construction shall require review and approval by the HPC. For such changes, the applicant shall submit one copy of the original application and a description of the proposed changes, as well as any supporting documentation to illustrate the effect of such proposed changes or lack thereof. Consideration of such changes shall be placed at the top of the HPC's agenda at the next regularly scheduled meeting.
[Amended 1-9-2023 by Ord. No. 2022-008]
No reapplication for essentially the same purpose shall be reviewed by the HPC within one year of denial of any application hereunder, except in cases where the applicant purports to be in compliance with the conditions of approval set forth by the HPC in an earlier application denial.
Demolition or removal. When the application is for demolition of all or part of a structure, a report from a licensed structural engineer shall be required. No demolition or removal of any structure from the premises may take place until after an initial meeting with the HPC and a subsequent public hearing. Presentation of a conceptual plan for reuse of the property shall be required prior to the approval to move and/or demolish the structure. Efforts may be taken to either mitigate or eliminate the demolition or removal through informal discussions among the applicant, an HPC Commissioner and the Town Project Coordinator. In addition, the HPC may delay its final decision for up to an additional 60 days over and above the usual two-meeting requirement for a decision to obtain an independent opinion from a licensed professional engineer regarding the structural integrity of the property. A final decision on demolition or removal must be rendered no later than 120 days after the initial application, unless delayed by federal, state or local holidays, severe weather or other natural disasters, emergencies, or unless an extension is agreed to by the applicant and the HPC.
[Amended 1-9-2023 by Ord. No. 2022-008]
Approved demolition must be done within 45 days of when the party is granted the final required permit for the demolition. The party would have a one-time option to renew this permit with the Town for another 45 days if the demolition could not be done within the first forty-five-day period.
Interior features. The HPC shall consider only exterior features and shall not consider interior arrangements except to the extent that an interior alteration affecting the exterior is required by law or disability of owner or tenant.
Antennas, towers, microwave dishes and satellite dishes. Any antenna, tower, microwave dish or satellite dish for residences within this district, or included on or eligible for inclusion on, the National Register of Historic Places shall only be located in rear yards or, if not visible from the street level along the entirety of the front lot line, within side yards. All reasonable efforts shall be made to limit or eliminate the visual impact on the adjoining properties, such as screening by landscaping. Notwithstanding Article IX of this chapter, all properties subject to this subsection shall come into compliance within 18 months of the date of this subsection's passage.
[Amended 1-9-2023 by Ord. No. 2022-008]
Designation of historic sites. Owner(s) of properties outside of the boundaries of the Historic Preservation Overlay District (HP-OD) may request that their property be designated as a Town of Milton historic property. Before any designation may be assigned, specific procedures, in compliance with Local Certified Government guidelines, information required and recordation procedures and requirements shall have been determined. Such procedures shall include reference to the guidelines of the United States Department of the Interior (National Register Bulletin 15, "How to Apply the National Register Criteria for Evaluation"); also see HPC bylaws and procedures. When considering a site for inclusion, the HPC will take into consideration the following seven aspects:
[Amended 1-9-2023 by Ord. No. 2022-008]
Location. Location is the place where the historic property was constructed or the place where the historic event occurred. The relationship between the property and its location is often important to understanding why the property was created or why something happened. The actual location of an historic property, complemented by its setting, is particularly important in capturing the sense of historic events and persons. The relationship between a property and its historic associations is usually destroyed if the property is moved. However, there are certain circumstances where moved buildings can retain their local status even if moved.
Design.
Design is the combination of elements that create the form, plan, space, structure and style of a property. It results from conscious decisions made during the original conception planning of a property (or its significant alteration) and applies to activities as diverse as community planning, engineering, architecture and landscape architecture. Design includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials. A property's design reflects historic functions and technologies as well as aesthetics. It includes such considerations as the structural system; massing; arrangement of spaces; pattern of fenestration; textures and color of surface materials; type, amount, and style of ornamental detailing; and arrangement and type of plantings in the design and landscape.
Design can apply to districts whether they are important primarily for historic association, architectural value, information potential, or a combination thereof. For districts significant primarily for historic association or architectural value, design concerns more than just the individual buildings or structures located within the boundaries. It also applies to the way buildings, sites, or structures are related: for example, spatial relationships between major features; visual rhythms in a streetscape or landscape plantings; the layout and materials of walkways and roads; and the relationship of other features, such as statues, water fountains, and archaeological sites.
Setting.
Setting is the physical environment of historic property. Whereas location refers to the specific setting where a property was built or an event occurred, setting refers to the character of the place where the property played its historical role. It involves how, not just where, the property is situated and its relationship to surrounding features and open space. Setting often reflects the basic physical conditions under which a property was built and the functions it was intended to serve. In addition, the way in which a property is positioned in its environment can reflect the designer's concept of nature and aesthetic preferences.
The physical features that constitute the setting of historic property can either be natural or man-made, including such elements as:
These features and their relationships should be examined not only within the exact boundaries of the property, but also between the property and its surroundings. This is particularly important for districts.
Materials. Materials are the physical elements that were combined or deposited during a particular period of time in a particular pattern configuration to form a historic property. The choice and combination of materials reveal the preferences of those who created the property and indicate the availability of particular types of materials and technologies. Indigenous materials are often the focus of regional building traditions and thereby help define an area's sense of time and place. A property must retain the key exterior materials dating from the period of its historic significance. If the property has been rehabilitated, the historic materials and significant features must have been preserved. The property must also be an actual historic resource, not a re-creation. Likewise, a property whose historic features and materials have been lost and then reconstructed is usually not eligible.
Workmanship. Workmanship is the physical evidence of the crest of a particular culture or people during any given period in history. It is the evidence of artisans' labor and skill in constructing or altering a building, structure, object, or site. Workmanship can apply to the property as a whole or to its individual components. It can be expressed in vernacular methods of construction and plain finishes or highly sophisticated configurations and ornamental detailing. It can be based on common traditions or innovative period techniques. Workmanship is important because it can furnish evidence of the technology of a craft, illustrate the aesthetic principles of an historic period, and reveal individual, local, regional, or national applications of both active technological practices and aesthetic principle. Examples of workmanship and historic buildings include tooling, carving, painting, graining, turning, and joinery.
Feeling. Feeling is a property's expression of the aesthetic or historic sense of a particular period of time. It results from the presence of physical features that, taken together, convey the property's historic character. For example, a rural historic district retaining original design, materials, workmanship, and setting will relate the feeling of agricultural life in the 19th century.
Association.
Association is the direct link between an important historic event or person and historic property. A property retains association if it is the place where the event or activity occurred and sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character.
Because feeling and association depend on individual perceptions, their retention alone is never sufficient to support the historic significance of a property.
Final approval must be approved by the Mayor and Town Council. Once approved, the HPC shall begin the process of recommending the property or properties to the National Register for Historic Places.
Appeals. Any person aggrieved by a decision rendered by the HPC shall have the right to appeal to the Board of Adjustment of the Town of Milton.
Criteria.
In reviewing the plans for any construction, change, or demolition, the HPC shall base its decision on the Secretary of the Interior's Standards for Rehabilitation: http://www.nps.gov/tps/standards/rehabilitation/rehab/stand.htm.
The HPC shall also give consideration to:
Historic or architectural value and significance of the structure and/or its relationship to the historic value of the surrounding area.
Relationship of the exterior architectural features of the structure to the remainder of the structure and/or to the surrounding neighborhood, including proximity to other structures. Distinctive stylistic features and/or examples of skilled craftsmanship shall be preserved, if possible.
[Amended 5-6-2019 by Ord. No. 2019-004]
General compatibility of exterior design, arrangement, texture and materials proposed to be used with other structures contributing to the established character of the Historic District of Milton.
When application is made to demolish a structure or any part thereof, the impact of its removal from the area where it is located, and its structural condition and the economic feasibility of alternatives to the proposed demolition.
[Amended 1-9-2023 by Ord. No. 2022-008]
When application is made to move an historic structure, the potential loss of history to its original site and to the Historic District as a whole, and the reasons for not keeping the structure at its present location.
When application is made for new construction in the Historic District, or for relocating an existing structure from outside the Historic District into that district, the general compatibility in style, scale, proximity, composition, usage and construction of other structures in the neighborhood.
[Amended 5-6-2019 by Ord. No. 2019-004]
A proposed new structure, or any alterations to an existing structure in the Historic District, or to a designated historic site, shall be permitted to expand to the height and yard setbacks permitted in the zoning district for that particular property absent a specific finding that such expansion defeats the purpose of this section.
[Amended 5-6-2019 by Ord. No. 2019-004]
The effect of the proposed structure on the health, safety and general welfare of the Town of Milton, its residents and visitors.
Other factors that the HPC deems to be pertinent, consistent with the Town Code, the laws of the State of Delaware and the laws of the United States of America.
Standards. A proposed new structure or any alterations to an existing structure located in the Historic District or designated as an historic site shall conform to the Municipal Code of the Town of Milton and/or any other prevailing law or code in place at the time of application. The following standards shall be used by the HPC in preserving the architectural integrity and ensuring the compatibility of new construction and alterations with the existing body of architectural styles in the Historic District:
Facade treatment. The exterior features of all buildings should be visually and physically compatible with those facades surrounding them.
Height and location within the lot. New and renovated structures should be in harmony with the streetscape.
[Amended 5-6-2019 by Ord. No. 2019-004]
Proportion. The relationship between the width and height of the front elevation of a structure should be compatible to adjacent structures. Proportion is also the relationship of the different elements of the building itself, including but not limited to additions, porches, windows, and doors.
Rhythm. The rhythm of the streetscape and building with its components should be considered as one of the criteria.
Scale. Since the scale of the Town of Milton is intimate in nature, any building contrary to that of the streetscape will be deemed to be out of place.
Roofs, pitch, dormers and types. The roof and pitch of the roof shall be in keeping with the tradition of roof types and styles in Milton, within the Historic District and on designated historic sites. Any of the traditional roof types found within the Historic District are acceptable without the need to duplicate existing roof types of a specified home or area. The type of roof selected should be in keeping with the general type of structure it is to be used on and in keeping with the general scale and style of the neighborhood. Modern variations of roofing styles that clearly bear no resemblance to traditional or historic styles will not be permitted within the Historic District or on a designated historic site.
[Amended 1-9-2023 by Ord. No. 2022-008]
Roofing materials. Acceptable materials include wood, slate, metal, asphalt shingles, as well as roofing materials that bear resemblance to these materials. Repair materials shall be consistent with the existing roofing material. When a flat roof is otherwise consistent with the design criteria established in this section, a rubber membrane or similar material may be used.
[Amended 1-9-2023 by Ord. No. 2022-008]
Siding material. All materials shall be consistent with and appropriate in design, texture, and other visual qualities to the style and period of the structure and in keeping with the general appearance of other structures in the neighborhood. Siding, including aluminum, brick, stucco, wood, cement and vinyl, can all be considered but, if used, must not interfere with the historical architectural details and must have a traditional appearance and profile that fits both the style of the structure and the neighborhood.
Foundation material. Traditional foundations, including brick and brick veneer, are encouraged. Concrete block is permitted; however, the foundation is to be covered in stucco so as to disguise the block joints.
Chimney styles and materials. Chimneys in public view should be of brick or stucco. Metal chimneys are acceptable for use in nonpublic view.
Porches. If a porch is to be installed in a new construction or alteration, it shall adhere to the height line and average depth of other porches in the surrounding neighborhood. When existing structures with traditional porches are renovated, owners shall preserve both the porch and its architectural detailing.
Windows. New structures or alterations to existing designated historic sites and construction or alterations to structures in the Historic District shall have windows that are compatible in appearance to those in the existing structure and surrounding structures.
Architectural details. This term applies to such building features as window and door trim styles, cornices, ornamental brackets, porch and entrance balustrades, porch pillars, corner pilasters, gable peak ornamentation, lattice work, traditional paneled and louvered shutters, and similar details. The applicant shall extend the design motif of the existing structure to any addition; and, in the case of alteration to an existing structure, the architectural details on the exterior shall be preserved.
Walls, fences and gates. Materials shall be of a type compatible with the architecture of the Historic District and designated historic properties to which the walls, fences or gates would be included or affixed. Natural materials are encouraged, but man-made materials similar in appearance will be considered.
The color of a structure shall not be reviewed by the HPC.
The HPC shall not automatically deny the addition of items such as solar panels, cisterns or other inventions designed to produce energy or assist in conservation efforts but shall designate reasonable alternative design and/or placement.
The HPC shall not deny any reasonable accommodations for a disability, compatible with this section; however, the HPC may suggest alternative design(s) or placement.
When owners of structures in the Historic District that have been or are designated as "noncontributing" make application to the HPC for approval for alteration or demolition, the HPC evaluation shall be based on the potential impact on the streetscape setting of the property, rather than the potential impact on the property itself. When owners of structures in the Historic District designated as "contributing structures" make application to the HPC for alteration or demolition, preserving the property will be the HPC's primary criterion in evaluating the application. The HPC may require the applicant to submit both financial and construction details in support of any proposed demolition.
A proposed new structure or any alteration to an existing structure or historic property shall conform to the Town Code. However, it is the intent of the HPC, consistent with its purpose (§ 220-21B1-7) to assist in preserving the historic character and the historic fabric of the Town of Milton, to work in conjunction with applicants to arrive at the most desirable and appropriate outcome of their application to maintain harmony within the streetscape. To this end, the HPC may focus on height, rhythm, scale and proportion as issues that the applicant will be asked to consider and, when appropriate, to alter their plan and/or design.
Other factors that the HPC deems pertinent, consistent with the Municipal Code of the Town of Milton, the laws of the State of Delaware and the laws of the United States of America.
Enforcement.
The Code Enforcement Officer shall, at least once a month, view the sites within the Historic District, properties designated as historic sites and maintain records of all site visits and notifications:
The Code Enforcement Officer shall keep the HPC and Town Council advised, in writing, monthly, of all matters pertaining to the enforcement of this section relating to properties in the Historic District and properties designated as historic sites.
Where sufficient cause exists to believe that the terms of this section have been violated, the Code Enforcement Officer or Project Coordinator shall immediately issue an order to the property owner of record and the individual(s) or entity performing any construction and/or demolition to cease and desist immediately.
The property owner shall appear before the HPC at its next scheduled meeting for that matter to be addressed.
Penalty.
Where a property owner has not obtained a building permit prior to commencing construction on a property:
The property owner shall immediately make such application and pay any fees required with that application. In making the application, the property owner shall provide the required information as specified in § 220-21E.
The property owner shall appear before the HPC at its next scheduled meeting for the application to be addressed.
Where a property owner has obtained a building permit and the construction being done does not comply with what was previously approved by the HPC:
The property owner may choose to alter the construction so as to be in compliance with what was previously approved by the HPC and with the issuance of the building permit;
If the property owner does not alter the construction so as to be in compliance with what was previously approved by the HPC, the property owner shall immediately make application for a building permit listing such changes in construction;
The property owner shall appear before the HPC at its next scheduled meeting to seek approval for these changes to the previously approved construction.
Where a property owner allows their property to become a safety hazard through neglect:
[Amended 1-9-2023 by Ord. No. 2022-008]
The property owner shall appear before the Historic Preservation Commission at its next scheduled meeting for that matter to be addressed.
A licensed structural engineering report shall be required from the owner to determine if the property can be salvaged.
If the property can be salvaged, the owner will be encouraged to sell the property.
Where a property owner demolishes a building/structure without first obtaining a permit for such a demolition or if the property has become a safety hazard:
The property owner shall appear before the HPC at its next scheduled meeting for that matter to be addressed;
No building permit shall be issued for this property for a period from one year from the date of the demolition; and
The property owner shall cause the site to be cleaned up and secured to the satisfaction of the Town.
§ 220-22 Activities prohibited in all districts.
[Amended 3-4-2019 by Ord. No. 2018-010]
No effluent or matter of any kind shall be discharged into any stream or body of water that violates established stream standards of the Delaware Department of Natural Resources and Environmental Control or otherwise causes objectionable odors or fumes or that is poisonous or injurious to human, plant or animal life.
[Amended 1-9-2023 by Ord. No. 2022-008]
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from where the same shall be taken except in connection with the construction or alteration of a building in such premises and excavation or grading incidental thereto.
[Amended 1-9-2023 by Ord. No. 2022-008]
No use shall be permitted that will produce corrosive, toxic or noxious fumes, glare, fire, explosion, electromagnetic disturbance, radiation, smoke, cinders, odors, obnoxious dust or waste, undue noise or vibration or other objectionable features so as to be detrimental to the public health, safety, or general welfare unless conducted under proper and adequate standards.
[Amended 1-9-2023 by Ord. No. 2022-008]
Dumping or storage of material in a manner that facilitates the breeding of vermin or endangers health in any way shall not be permitted.
No wastewater effluent or spray irrigation containing toxins, biohazards, or industrial waste in any form shall be applied or used, except as permitted for agricultural lands actively being farmed in compliance with Title 3, § 2301 of the Delaware Code, or for agricultural lands in preservation and in compliance with Title 3, § 909(a)(5)e, of the Delaware Code.