General requirements.

Required off-street parking spaces. The minimum number of parking spaces required shall be determined by the number or amount of dwelling units, bedrooms, floor area, members, equipment, employees, and/or seats contained in such new buildings, uses or structures, or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures, as follows:

Calculation of required parking spaces. In the case of combination of uses, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit joint use of parking areas or other modifications. Whenever a major fraction of a space is required, a full space shall be provided.

Location of required parking spaces.

Off-street parking requirements may be varied in whole or in part upon findings by the Board of Adjustment pursuant to Article XI of this chapter.

Construction of parking areas. All off-street parking areas shall be constructed with concrete (regular, stamped, or pervious), hot-mix bituminous pavement (regular or pervious), pavers (brick, concrete, asphalt-block, natural stone such as cobblestone or slate, rubber from recycled tires), surface treatment (tar and chip), or with a suitable all-weather, dust-free, permanent, stable surface approved by the Planning and Zoning Commission, with the exception of those for single-family residences, and shall meet the following construction standards:

Landscaping. At least 10% of the area of a lot used for off-street parking shall be devoted to landscaping with lawn, trees, shrubs or other plant material within landscape islands. All loading berths and parking areas of three or more spaces that abut a residential lot line, and any parking lot for more than 20 cars, shall be screened, as set forth in § 220-54, from adjoining properties. All parking areas and landscaping shall be properly maintained in accordance with applicable Town ordinances.

In all districts, wherever a lot or structure that is to be occupied by manufacturing, commercial, business or other similar uses requires the receipt and distribution by vehicles of materials or merchandise, there shall be provided and maintained, on said lot, off-street loading berths.

Loading berths shall be located to the rear of structures in such a way as not to unreasonably interfere with the movement of people and vehicles on public rights-of-way. The Planning and Zoning Commission may allow use of public rights-of-way to satisfy loading berth requirements.

Landscaping shall be as required in § 220-54.

Accessory buildings. Accessory buildings not attached to principal buildings shall comply with the following:

Accessory uses. In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as or on a lot adjacent to the principal structure, shall not be located in front yard on such lots, and shall be located not less than six feet from side and rear lot lines and shall not adversely affect the character of any residential neighborhood or any other accessory structure by reason of noise or glare or safety.

Portions of driveways that lie within public rights-of-way shall be constructed in conformance with the most recent specifications set forth by the Town and the Delaware Department of Transportation.

All work and materials within public rights-of-way shall be furnished as required to meet specifications set forth by the Town and the Delaware Department of Transportation.

No more than two driveways to a single commercial establishment entering on one street shall be permitted, except as permitted by the Delaware Department of Transportation or the Planning and Zoning Commission.

Any curb cuts will require approval by the Town, accompanied by a fee as established in the currently effective Town of Milton Fee Schedule, as well as any state permits required.

For a single-family residence driveway and parking area, a suitable all-weather dust-free surface shall be provided and shall be designed, graded and surfaced for proper drainage.

Residential driveways must also comply with Article VI of Chapter 183.

Where a driveway meets a street, no fence, wall, hedge, or other planting shall be installed and maintained that exceeds 3 1/2 feet in height above grade or street pavement, whichever is greater, to within eight feet from the public right-of-way.

Clear vision area.

Fences, walls, hedges or screen plantings may be required, as specified elsewhere in this chapter for multifamily, commercial or industrial uses, as is necessary to protect the residential quality of adjacent property.

Fence and wall regulations.

Such lands shall be held in corporate ownership and maintained by an established organization.

Such lands shall have locational and physical characteristics that render them readily usable for appropriate recreation purposes, and their locations shall be selected with a view to minimizing hazards and vehicular traffic conflict for children walking between such facilities and their homes in the neighborhood.

Any such area shall be located at a suitable place on the edge of the development so that additional land may be added at such time as the adjacent land is developed.

A detailed development plan shall be submitted with the final site plan for each neighborhood park or playground.

The development plan shall show how the entire area is to be graded, drained, and landscaped to make it a useful and attractive feature of the neighborhood.

Provision for water supply and sanitary sewer shall conform to specifications set forth by the Town.

Utility easements. An easement shall be provided for all utility lines wherever those utility lines do not fall within a dedicated right-of-way. All utility easements shall be plotted on the site plan submitted to the Planning and Zoning Commission. Utility easements shall have a minimum width of 20 feet. All utility lines that are primarily intended to provide service to the lots within a subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services.

General standards. The following general standards are hereby adopted for the control of any industrial use:

Specific standards. The following specific standards are hereby adopted and must be complied with for any use in any Light Industrial District before the same be permitted, established, maintained or conducted:

No more than 25% of the total floor area of a dwelling unit or 500 square feet, whichever is less, shall be used for such use.

The use shall be carried on wholly within the enclosed walls of the dwelling unit or an accessory building.

No stock, merchandise, equipment or displays of any kind shall be visible from outside the dwelling unit or accessory building.

No external structural alternations that are not customary to a residential building shall be allowed.

The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the character of the neighborhood.

No article is sold or offered for sale except such as may be produced by members of the family residing on the premises. Any form of business, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use and shall not be permitted as a home occupation.

Professional offices of a physician, dentist, lawyer, engineer, architect, surveyor or other like profession shall be subject to the following special conditions:

No manufacturing, repairing or other mechanical work shall be performed outside of the dwelling. Such activity conducted inside the dwelling shall be conducted so that no noise, odor, glare, vibration, electromechanical interference or dust and smoke are perceptible beyond the property line.

No antenna, tower, microwave dish or satellite dish used for any other purpose than that of personal use of the structure will be permitted by right in any district. Any such personal use antenna, tower, microwave dish or satellite dish shall only be located in rear yards or, if not visible from the street level along the entirety of the front lot line, in side yards. However, this restriction shall not apply to any property where the owner, tenant or user provides evidence to the Town Code Enforcement Officer that the restriction unreasonably delays or prevents the use, unreasonably increases the cost of installation, maintenance or use, or precludes receiving or transmitting an acceptable quality signal. Each property owner, tenant, and user shall make all reasonable efforts to limit or eliminate the visual impact on the adjoining properties, such as screening by landscaping.

Any apparatus used for the receipt or transmittal of UHF, VHF, HF or any other radio, video or microwave signal for commercial purposes will be considered a public utility system and will be reviewed on a case-by-case basis and approved by the Planning and Zoning Commission on an as-needed basis where it would be a benefit to the community of the Town and comply with § 220-52.1.

If there is any question as to the use, type, frequency or any other signal, a site plan review will be required by the Planning and Zoning Commission.

Any historic site or any property in the HP-OD shall comply with § 220-21G(7).

If applicable to the site or property, any apparatus shall comply with the floodplain management regulations of Chapter 125.

Applicability. This section applies to all wireless communications towers as defined in this section.

Purposes. The purposes of this section are to:

Definitions. The following definitions shall apply to the regulations and standards in this section.

Where allowed. New wireless communications towers may be constructed as follows, provided that they meet the criteria set forth in this chapter and other applicable criteria for special permitted uses as a public utility system.

Application requirements. Applicants seeking a special permitted use to construct, erect, relocate or alter a wireless communications tower shall comply with § 220-34 and provide the following:

Standards.

Minimum lot dimensions shall be:

All automobile parts, including tires, are to be stored within a building. Tires that are offered for sale may be placed outside during normal business hours, but must be stored in a rack. Old tires to be scrapped or sold for junk must be stored either inside a building or behind an eight-foot high fence, wall or natural screen in conformance with § 220-54 and at no point be visible over the screening.

All repair work is to be performed within a building. Automobiles waiting to be serviced on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjustor inspection may be stored for a period not to exceed 30 days and must be stored in the rear of the premises and screened to the greatest extent possible either inside a building or behind an eight-foot high fence, wall or natural screening in conformance with § 220-46.

A site plan must be submitted to the Planning and Zoning Commission.

Hydraulic hoists, service pits and all lubrication, greasing, repair and washing equipment must be entirely enclosed within buildings.

A dense coniferous landscape screen or a fence either solid or with narrow openings not more than one inch for each 10 inches of length and not less than six feet in height shall be placed along all property lines separating the establishment from any lot in an adjoining residential district.

Except for permitted curb cuts, a solid vertical curb in accordance with the Town standards and DelDOT standards if required must be provided along all street lines.

Exterior lighting must be located, designed and shielded so that it will cause neither glare hazardous to passing motorists nor nuisance to adjacent properties.

Junked or stripped vehicles in an inoperative condition are prohibited on the premises.

All waste petroleum products must be stored in tanks meeting the approval of the National Fire Protection Association and State Fire Marshal.

A minimum of two off-street employee parking spaces and one off-street parking space for each service bay must be provided.

No vehicles shall be parked or equipment placed, goods displayed or sign or light erected within the street right-of-way.

The entire service area of all access driveways and parking places must be paved with a suitable all-weather dust-free surface and be graded to direct all water away from adjoining lots.

The minimum distance between any gasoline station and any school, day nursery, hospital, nursing home, library or similar use must be 200 feet, measured along the same street line in the same block from the nearest property line of the gasoline station.

Where the storage and sale of liquefied petroleum gases is carried on as an accessory use to a gasoline station, the required service station site plan must clearly show the number, locations and capacities of liquefied petroleum gas storage tanks. No tank shall be installed and no truck carrying tanks shall be parked closer than 25 feet from the street line or any property line.

Where the rental of utility trailers and/or small trucks is carried on as an accessory use to a gasoline station, the required site plan must clearly show the location and dimensions of the parking area for these vehicles. No more than 15% of the total lot area may be devoted to parking for rental utility trailers and trucks, and no trailer or truck may be parked closer to any street line than the setback distance required for gasoline pump islands. Parking areas for rental utility trailers and trucks must be clearly marked on the ground and must be located to avoid interference with normal customer traffic flow onto, within and from the service station lot and with traffic visibility at road intersection.

Parking:

All storage and display areas shall be provided with a hard, dust-free surface and shall be adequately drained.

A maximum of two driveways and curb cuts shall be permitted per lot frontage. These shall be no less than 20 feet and no wider than 30 feet, and located a minimum of 30 feet from any street intersection. A minimum distance of 30 feet shall be maintained between such driveways or curb cuts.

Intent. The objective of this section is to ensure consideration of the physical and visual elements of land use development in the Town of Milton that require, or may be improved by, buffering, setbacks and landscaping to enhance the appearance, screen or effectively separate different land uses and minimize impacts on adjoining uses such as dirt, litter, noise, glare and incompatible buildings or uses (such as outdoor storage, loading and parking areas). The Planning and Zoning Commission may require that a professional licensed landscape architect prepare plans under this section.

Buffer and landscaping techniques. The particular type of buffer and landscaping treatment shall be as determined by the Planning and Zoning Commission to meet the intent of this section. The following types of treatment may be considered:

Planting standards.

Stormwater management ponds. Stormwater management ponds shall be landscaped by the property owner/homeowners' association. The use of the stormwater management areas for other than parkland or additional open space shall be prohibited. The landscaping of the stormwater areas shall be approved by the Planning and Zoning Commission and Soil Conservation District.

Minimum lot size shall be 15,000 square feet.

At least one lot frontage shall be a minimum of 100 feet.

Access.

Parking.

Loading and unloading.

Landscape requirements. A landscaped area contiguous to the public right-of-way and extending a depth of 10 feet shall be provided. Landscaping, including coniferous trees, shall also be used to screen or buffer parking, dumpsters, freezers and other accessory uses as per § 220-54.

All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes.

To the extent possible, lanes shall not cross any principal pedestrian access to the building or site.

Stacking or queuing requirements.

Any parking garage facade fronting on a primary street shall achieve architectural unity/compatibility with the surrounding structures that it is intended to serve.

A minimum of 8% of the lot area shall be devoted to landscaping, including tree planting, and shall be provided in conformance with § 220-54.

Adjacent sidewalks shall be rebuilt as necessary and shall be designed to promote pedestrian safety.

Ingress and egress shall be designed to promote the orderly flow of traffic to and from Town streets. Directional signs shall be used as necessary to ensure this flow.

All commercial parking lots shall include lighting that provides a safe environment for multimodal transportation, pedestrian and vehicular movements. In no case shall lighting negatively impact adjacent properties.

Where swimming pools are permitted as an accessory use, the following regulations must be complied with:

Permits.

For purposes of this section, "temporary structure" means a structure for use while relocation, construction or a short-term event is in progress and is not to be retained as part of the permanent improvements to the property once the relocation, construction or event is complete.

Except as otherwise permitted under the Town Code, it shall be unlawful for any person to construct, place, or permit to be constructed or placed on or adjacent to his or her property, any temporary structure upon any property or street within the Town; provided, however, that a temporary structure may be constructed or placed upon property within the Town pursuant to the terms and conditions in this section and as set forth for accessory structures and uses in this chapter; provided, however, that the person shall make application on the form provided by the Town, as required herein, and shall pay any applicable fee to the Town prior to construction or placement of such temporary structure as required in this section. The application shall include information and a dimensioned drawing or site plan showing the property, the location on the property for the temporary structure, any easements on the property, the size of the structure, and the reasons therefor.

For a temporary structure to be used in connection with construction, demolition, maintenance or repair on the premises, or the relocation onto the premises the following additional requirements apply:

For a temporary structure to be used in connection with a private social gathering or private social event, any other gathering or event, festival or exhibition, such use may not exceed a maximum of three working days, and the following additional requirements apply: