Delaware City City Zoning Code

ARTICLE V

- USE REGULATIONS

Sec. 46-16.- R-1 district (one-family residential).

In R-1 District, one-family residential, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(a)

One one-family dwelling per lot, framed on site, which conforms to the following requirements:

(1)

It is permanently mounted on a solid foundation system and anchored in accordance with the building code of Delaware City.

(2)

All utilities shall be permanently mounted in accordance with plumbing and mechanical codes of Delaware City.

(3)

It has storage areas either in a basement located beneath the living area, in an attic area, in a closet area, in an attached or detached garage or an enclosed structure on a permanent foundation and having an area of at least 160 square feet or any combination thereof. The total storage area must not be less than 15 percent of the gross living area of the dwelling unit. It shall have a weatherresistant exterior covering material or materials comparable in appearance, quality and durability to the materials used on the dwelling such as brick, stone facing, treated lumber, masonry or masonry veneer, which shall extend to the ground.

(4)

It complies with all other pertinent provisions of applicable building and housing codes, and the fire and health codes of the State of Delaware.

(b)

Any public or private schools and public or private colleges, may be permitted, subject to the special use permit standards and procedures, as outlined in section 46-9.

(c)

Cemeteries (public).

(1)

Allowed on church properties if they meet all state, county, and city regulations and obtain approval from the floodplain administrator and receive a special use permit.

(2)

The area to be used for a cemetery must be a minimum of 2,000 square feet and be designed for a minimum of 50 graves.

(d)

Libraries, museums and art galleries. Require a special use permit.

(e)

Playgrounds, parks and buildings operated on a non-commercial basis for recreational purposes, with board of adjustment approval.

(f)

Police and fire stations. Require a special use permit.

(g)

Water towers, water storage tanks, water reservoirs, water pumping stations and water treatment plants if a special exception is granted by the board of adjustment.

(h)

Substations, electric and gas, and telephone central offices, if a special exception is granted by the board of adjustment, provided that there shall be:

(1)

No storage of materials and trucks, and no repair facilities or housing of repair crews except within completely enclosed buildings.

(2)

The architectural design of the exterior on any building shall be in keeping with other structures in the neighborhood.

(i)

Day-care centers, kindergartens, preschools, and day nursery schools, if a special exemption is granted by the board of adjustment, provided there shall be: (This section does not prevent anyone from caring for children who are related to them in their homes without a state license and are therefore exempt from this code).

(1)

Childcare facilities within Delaware City must meet the State of Delaware regulations and requirements for a daycare facility as outlined in the two state guidelines by reference, and as may be amended.

DELACARE Regulations for Family and Large Family Childcare Homes - 2019.

DELACARE Regulations for Early Care and Education and School-Age Centers.

(2)

For purposes of this section, the following definitions shall apply:

Family daycare: Family childcare is a licensed childcare service offered by a person or a person who formed an entity. OCCL names this person or entity as a licensee. A licensee provides this service for less than 24 hours per day and children attend without a parent/guardian. A licensee receives payment for services provided. There are two types of family childcare; a level I may have a maximum of five or six children depending on their ages and a level II may have a maximum of nine children depending on their ages. Children living in the home who do not attend kindergarten or a higher-grade count in these numbers. These regulations describe the ages of children allowed to be present in each type. A licensee provides care, education, protection, supervision, or guidance to children in his or her private home. Children provided only to a person's own children, grandchildren, nieces, nephews, or stepchildren does not require a family childcare license even if payment is received.

Large family daycare: Large family childcare is a licensed childcare service offered by a person or entity such as a company. OCCL names this person or entity as a licensee. A licensee provides this service for less than 24 hours per day and children attend without a parent/guardian. A licensee receives payment for services provided. A licensee may have a maximum of 12 children. The ages of the children will determine the number of staff needed. Children living in the home who do not attend kindergarten or a higher-grade count in these numbers. A licensee provides care, education, protection, supervision, or guidance to children in a private home or non-residential setting. Children provided only to a person's own children, grandchildren, nieces, nephews, or stepchildren does not require a family childcare license even if payment is received.

Early care and education and school-age centers: Early care and education and school-age centers provide care, education, protection, supervision, and guidance for 13 or more children, including children who are related to the licensee. This service is provided for less than 24 hours per day and children attend without a parent/guardian. A licensee receives payment for services provided. This definition includes, but is not limited to, full- and part-time childcare or daycare, early care and education, preschool, nursery school, before- or after-school care, school vacation or holiday care, and summer childcare.

(3)

Family daycare facilities in the R-1, R-2, R-3 and HPR Districts, if a special exemption is granted by the board of adjustment, and it can meet all of the state requirements.

(4)

Large family daycare facilities may be located in the licensee's home in the R-1, R-2, R-3 and HPR Districts if a special exemption is granted by the board of adjustment, and it can meet all of the state requirements, as set forth in subsections (i)(1)a. and b., above.

(5)

Large family daycare facilities may be located in a non- residential setting and early care and education and school-age centers may be located in the C-1 and C-1L Districts if a special exemption is granted by the board of adjustment, and it can meet all of the state requirements, as set forth in subsections (i)(1)a. and b., above.

Plan review shall include consideration of parking for staff and the ability to safely discharge and pick-up children.

(6)

Large family daycare facilities may be located in a non- residential setting and early care and education and school-age centers in the HPR District if it is located in a primarily commercial area and a special exemption is granted by the board of adjustment, and it can meet all of the state requirements.

Plan review shall include consideration of parking for staff and the ability to discharge and pick-up children safely.

(j)

Utility distribution line and transmission line.

(k)

Swimming pools, private for personal use.

(l)

Petroleum storage, accessory to a permitted principal use or building, subject to the Fire Prevention Code of the National Board of Fire Underwriters.

(m)

Private garages.

(n)

Professional office or studio of a physician, dentist, lawyer, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person, subject to the following special requirements in addition to all other applicable requirements of this chapter for the residential district in which such uses are located:

(1)

The practice of such professional occupations shall be permitted in a dwelling provided the principal person so engaged is a resident thereof.

(2)

Professional occupations shall be subject to the following standards:

Three off street parking spaces in addition to those otherwise required in this chapter.

No more than two persons, except a resident, shall be employed by the practitioner of the professional occupation to provide secretarial, clerical, technical or similar assistance.

The area used for the practice of a profession shall occupy no more than 25 percent of the total floor area.

No manufacturing, repairing or other mechanical work shall be performed outside the dwelling unit. When such activity is conducted inside the dwelling unit, it shall be conducted in such a way that no noise, heat, glare, odor, vibration, electromagnetic interference or smoke shall be perceptible at or beyond the property line.

No storage of materials or products outside the dwelling unit shall be permitted unless completely housed.

The profession shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.

No display of products shall be visible from outside the building.

Signs must comply with sections 46-81 and 46-82.

A business permit issued by the city is required.

(o)

Customary home occupations subject to the following special requirements in addition to all other applicable requirements of this chapter for the residential district in which such cases are located:

(1)

The practice of a home occupation shall be permitted in a dwelling provided the person so engaged is a resident thereof.

(2)

All home occupations shall be subject to the following standards:

The area used for the practice of a home occupation shall occupy no more than 25 percent of the total floor area.

No storage of materials or products outside the dwelling unit shall be permitted unless it is completely housed.

The home occupation shall be clearly incidental with the residential use of the dwelling and shall not change the essential residential character of the dwelling.

No external alterations of the inconsistent with the residential use of the dwelling shall be permitted.

No display of products shall be visible from outside the building.

A business permit issued by the city is required if the occupation includes selling items from the home. Hobby type activities do not require a business permit.

(p)

Accessory uses on the same lot with and customarily incidental to any of the permitted uses. The term "accessory uses" shall not include commercial uses but shall include professional offices. Such accessory uses shall not generate excessive noise, smoke, dust, smell or other conditions detrimental to the character of the surrounding area.

(q)

Bed and breakfast as described in the definition in section 46-3, tourist home, subject to the following conditions:

(1)

A special exception by the board of adjustment is required.

(2)

Resident manager on site.

(3)

At least one full bathroom for the exclusive use of the occupants of each two guest rooms or portion thereof, which shall be accessible from each guest room without going through another guest room or sleeping room.

(r)

Conversion of a one family dwelling into dwelling units for two families, if a special exception is granted by the board of adjustment as provided in article XIII, section 46-121, of this chapter if such board declares such dwelling to be structurally sound but too large to be in demand for one family use and that conversion for the use of two families would not impair the character of the neighborhood, subject to conformance with the following requirements:

(1)

The dwelling shall have been constructed at least 20 years before the date of the application.

(2)

There shall be a lot area of at least 4,000 square feet for each family to be accommodated thereon.

(3)

There shall be a gross floor area, computed as the sum of those areas enclosed by the outside faces of all exterior walls surrounding each story used for the residence exclusive of any area used for an attached private garage, of at least 500 square feet per family to be accommodated therein.

(4)

No dwelling shall be so converted unless in connection therewith it be placed in a reasonable state of repair and modernization.

(5)

No addition shall extend within the front yard, side yards or rear yards required for the district within which it is located.

(6)

Fire escape and outside stairways leading to a second or higher story shall, be located on the rear of the building and shall not be located on any building wall facing a street.

(7)

One off-street parking space shall be provided for each additional dwelling unit created.

(8)

The owner shall be one of the two families living on the premises. When property is titled in more than one name or is incorporated, the majority owner shall reside on the premises.

(s)

One family, semi-detached dwellings, each on a separate lot, shall be permitted if a special exception is granted by the board of adjustment.

(t)

Short-term rental use.

(1)

Purpose; applicability; definitions; compliance.

Purpose. The City of Delaware City wishes to permit the limited and temporary rental use of one family dwellings (residences) in established areas of the city as an economic asset, allowing for increased travel, visitation and tourism and affording property owners of the opportunity to earn revenue from such occupancy, while ensuring that such uses do not become a nuisance, that neighborhood character is not compromised, and that such businesses are properly operated and maintained. The purpose of this Code shall be to minimize public safety risks and public nuisances, such as noise, trash and parking problems; to ensure that traditional neighborhoods are not turned into tourist areas to the detriment of long-term residents; and to ensure that individual dwellings are not turned into pseudo hotels or party houses.

Applicability. A short term rental use (STRU) shall be allowed in R-1 District as defined in sections 46-16, 46-17 and 46-18.

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Good neighbor brochure means a document provided by the owner to the guest or guests and containing: the name and telephone number for the owner; notification on standards of behavior and occupancy relating to parking, noise, trash collection, waste disposal, street maintenance, snow removal, and public safety services and including contact and web access information; and such other information as the city may from time to time prescribe.

Guest or guests means the individual or individuals securing the short-term rental use for the purposes of staying overnight.

Owner means the person or persons holding legal or equitable title to the property being offered as a short-term rental use.

Short term rental use (STRU) means rental of all or a part of a residential one family dwelling unit which is made available by agreement for a residential occupancy by a tenant in exchange for compensation for a duration of a temporary occupancy of less than 30 days.

Compliance. No person shall operate, offer for occupancy or let to another for occupancy as a short-term rental use any dwelling which is not in compliance with this article or any other applicable codes.

(2)

Registration and inspection requirements; inspection required for life safety and building purposes; short-term rental use license required.

Unless a stated exclusion applies, the owner of any dwelling proposed for a short-term rental use must apply for a City of Delaware city business license.

A homeowner is exempt from the requirement to obtain a City of Delaware city business license if the short term rental unit is the owner's primary residence. To be eligible for this exemption, the applicant must provide sufficient documentation reflecting the applicant resided in the home more than half of the prior year, and still reside in the home when the home is utilized as a short term rental unit. Prior to commencement as a short term rental unit under this provision the property owner shall contact the city manager to ensure compliance with all other provisions of this chapter related to short term rental usage of a residential property.

An inspection by the city code enforcement office shall be required to determine compliance with property maintenance and all other applicable codes. Any items in non-compliance shall be remedied before the business license will be issued. The inspection shall be required the first time a license is issued and may be required at renewal at the discretion of the code enforcement office. The business license must be kept current during anytime the dwelling is offered as a short-term rental use.

The business license shall be valid for up to one year and must be renewed no later than January 31 of each year of continued operation.

Only one business license is required for a corporation or limited liability corporation with multiple properties used as a short term rental unit.

The business license must be clearly displayed inside the dwelling along with any state licenses or permits.

The business license may not be transferred to any party except heirs and assigns and shall be void upon transfer of ownership of the property where the short term rental use is located.

(3)

Owner obligations. An owner of a dwelling seeking to use a property as a short term rental use shall comply with the following obligations:

A good neighbor brochure must be provided in the dwelling listing city provisions as required.

(4)

Limitations on occupancy and use.

The number of guests 12 years and older permitted at any time shall not exceed twice the number of bedrooms (i.e. three bedrooms X two = six occupants), with a maximum of 12 individual occupants of all ages at any one time regardless of the number of bedrooms available.

No more than two vehicles, plus one vehicle per bedroom shall be allowed, not to exceed six extra in total; all parking shall comply with all requirements relating to street maintenance, fire access, parking on paved surfaces, trash collection, obstacles to travel, or other requirements. Violations shall be ticketed offenses.

Access to a full bath must be provided.

The owner has the responsibility to not knowingly allow any illegal or criminal activity on the property nor permit the guests to create a public nuisance including, but not limited to, creating noise, causing odors, permitting an unsafe condition, maintaining a disorderly premises, generation of trash, or other behavior which unreasonably disturbs the peace, safety and general welfare of the neighborhood as provided in this Code.

(5)

Enforcement, fees and penalties, reporting.

Business license. A business license must be obtained for any property used as a short term rental property, unless exempt from this requirement.

A violation of any of the provisions of the short term rental uses shall be $200.00 for the first offense, $300.00 for the second offense and $500.00 for third offense.

A dwelling cited three times by the code official or by any city department as a nuisance or the location of illegal or criminal activity within any consecutive 12-month period shall have its short term rental use license suspended for not less than the rest of the license year or a longer period up to permanently.

Short-term rentals shall pay the lodging tax as set forth in the City Code. The owner shall voluntarily report to the city annually documenting the occupancy and frequency of rentals obtained, such report to be completed by January 31 of the following year as part of the license renewal and for the purposes of building a database of STRU activity and economic impact, not for enforcement or tax purposes.

(6)

Enforcement, notice and appeals. Enforcement of violations of this section shall be enforced by the city code officer.

(u)

Adult day care within a residential home.

(Ord. No. 08-0507-01, 6-16-2008; Ord. No. 21-0816-01, 11-15-2021; Ord. No. 21-0816-03, 11-15-2021; Ord. No. 23-0717-01, § 4, 12-18-2023; Ord. No. 24-0424-01, § 4, 7-15-2024)

Sec. 46-17. - R-2 district (one- and two-family residential).

In the R-2 District, one-family and two-family residential, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(a)

All uses permitted in the R-1 District.

(b)

One two-family dwelling per lot, framed on-site.

(c)

One-family, semi-detached dwellings.

(d)

Connected homes not exceeding groups of three or four units, each on its own lot, if a special exception is granted by the board of adjustment.

(e)

Stacked townhouses in groups not exceeding four with no more than two units on a single lot if a special exception is granted by the board of adjustment.

(Ord. No. 23-0717-01, § 4, 12-18-2023; Ord. No. 24-0424-01, § 4, 7-15-2024)

Sec. 46-18. - R-3 district (multifamily residential).

In R-3 District, multifamily residential, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(a)

All uses permitted within the R-1 and R-2 Districts.

(b)

A community garage consisting of one or more groups of private garages, not more than one story high, having a joint capacity of not more than six cars, arranged in a row or surrounding a common means of access, used by owners or tenants of dwellings on nearby lots, and subject to the special regulations of article VIII, section 46-59, of this chapter. A special use permit is required.

(c)

New or major modification of existing multifamily dwellings including garden apartments are subject to the following:

(1)

Number of dwelling units per building. The maximum number of dwelling units per building shall be 24 for buildings up to three stories in height.

(2)

Lot coverage. The maximum lot coverage shall be 35 percent of the lot area, which is to be developed for a multifamily complex.

(3)

Number of dwellings per unit acre. The maximum number of dwelling units per gross acre shall be 20 for buildings up to three stories in height and the maximum number of dwelling units for buildings with elevator service of over three stories in height shall be 40.

(4)

Distance between buildings or groups of attached buildings. No portion of any side of any building or groups of attached buildings, shall be nearer than 25 feet to any other building, or group of attached buildings, and no portion of the front or rear of any buildings, or group of attached buildings, shall be nearer than 50 feet to any part of another building or groups of attached buildings. No more than three buildings may be attached to one another.

(5)

Street frontage. Each multifamily development shall have at least 50 feet frontage along a public street.

(6)

Minimum lot size. One acre.

(7)

Open area. At least 25 percent of the lot area shall be devoted to open area.

(8)

Setbacks. Each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be at least:

Forty feet from the line of all perimeter streets.

Twenty-five feet from the line of all interior streets.

(9)

Parking and loading spaces. All parking and loading spaces shall be located at least ten feet from all abutting perimeter streets and property lines. Parking bays adjacent to interior private streets are permitted.

(10)

Plan approval. Before a building permit is issued for the erection of any building, a subdivision plan shall be reviewed and approved by the planning commission and mayor and city council, as complying with its policies and standards.

(d)

A special use permit is required.

(1)

A dwelling or part thereof that is the primary residence of the owner.

(2)

Contains not more than three rooming units designed to be used for sleeping accommodations and to be let, for compensation, by the owner thereof to persons who are not legally related by blood, marriage, adoption or guardianship to all the other residents or to the owner of the rooming house.

(3)

The rooming units must be let for a minimum of 30 continuous days.

(Ord. No. 21-0816-02, 11-15-2021; Ord. No. 23-0717-01, § 4, 12-18-2023; Ord. No. 24-0424-01, § 4, 7-15-2024)

Sec. 46-19. - R-MM district (manufactured/mobile home residence).

In the R-MM District, residence manufactured/mobile home communities, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(a)

Residence manufactured/mobile home community, subject to the following regulations:

(1)

Uses. A manufactured/mobile home community may include manufactured or mobile homes of single or multiple width or any combination thereof, but shall not include travel trailers or motor homes. Such a community may include lots for sale and/or rental.

(2)

Density. The total number of manufactured and mobile homes in a manufactured/mobile home community shall not exceed six dwellings per gross acre.

(3)

Lot area. The minimum area of any residence manufactured/mobile home community shall be at least eight acres. Each manufactured or mobile home shall be placed on a lot having an area of at least 4,200 square feet. The average area for all lots in the community designated for the placement of a mobile or manufactured home shall be not less than 4,750 square feet.

(4)

Lot width. The minimum width of a lot designated for the placement of a manufactured or mobile home shall be 45 feet.

(5)

No structure built or placed in a residence manufactured/mobile home community shall exceed a height of three stories or a maximum of 35 feet.

(6)

Setback from perimeter boundary. No manufactured home, mobile home or any other principal or accessory structure may be located closer than 25 feet to the perimeter boundary of a residence manufactured/mobile home community regardless of whether that boundary abuts a lot, water body, street or other right-of-way.

(7)

Setback from streets and access ways. Each story or part of a manufactured home, mobile home or any other principal or accessory structure shall be set back not less than 25 feet from all street lines or access ways lines.

(8)

Side and rear yards. Two side yards shall be provided on each interior lot so that the minimum width of such side yards shall be five feet with an aggregate of two side yards of 20 feet. On a corner lot the side yard along the interior side lot line shall have a minimum width of five feet, but the width of the side yard along the side street line shall be not less than the setback required by subparagraph (a)(7) above. The rear yard minimum depth shall be ten feet. A side and rear yard of not less than five feet shall be maintained for all detached accessory structures, except detached garages and storage sheds having party walls.

(9)

Unit location. Manufactured and mobile homes shall be placed on individual lots in accordance with minimum setbacks and yards specified in subparagraphs (7) and (8) above, off-center placement of homes on the lots is encouraged so as to provide a large usable open yard space and outdoor living area in one section of the lot.

(10)

Parking. Each individual lot designated for placement of a manufactured or mobile home shall have at least two lots in a paved off-street common parking compound located within 600 feet walking distance of the lots it is intended to serve. All required on-lot parking spaces and common parking compounds shall be paved with a suitable weatherproof surface.

(11)

Streets. All streets in a residence manufactured/mobile home community of fee-simple sale lots shall be constructed in accordance with the state department of transportation standards. The minimum paved cartway width shall be 36 feet for collector streets and 27 feet for all other streets within the community. Conversion for the fee-simple sale of lots shall require streets to conform to the state department of transportation standards.

(12)

Lighting. All streets and parking compounds shall be lighted at night with electric lamps designed to produce a minimum of 0.3 foot-candle illumination throughout the street and parking system.

(13)

Walkways. A paved on-lot walkway of a minimum width of three feet shall be provided to each manufactured or mobile home from the parking spaces provided on the lot.

(14)

Screening. Each residence manufactured/mobile home community shall be surrounded by a landscape screen at least 25 feet in width along the perimeter property line for the community, including public road frontage; except that the planning commission may approve modifications to the landscape screen, where such modifications serve substantially to fulfill the function of a landscape screen, as defined.

(15)

Outdoor living space. Appropriate outdoor living space, surfaced with a weather-resistant material, patio, deck, open porch or combination of these structures, having a minimum area of 180 square feet, shall be provided adjacent to the manufactured or mobile home.

(16)

Open space. Not less than ten percent of the total area devoted to manufactured or mobile home lots shall consist of open space.

(17)

Recreation area. A recreation area, utilizing developable land, shall be provided within the required open space. Nondevelopable land may be used if determined suitable by the planning commission. The total amount of recreation area shall not be less than 300 square feet for each lot within the residence manufactured/mobile home community. The recreation area may be provided by a series of smaller recreation areas, the sum of which is equal to the required total. Furthermore, no recreation area shall be smaller in area than the average of the lot areas within the community and recreation areas having a width of less than 100 feet shall not exceed in length three times their width. The open space and recreation areas shall be deed restricted to active and passive recreational uses at the time of recordation of the subdivision plan. If the residence manufactured/mobile home community is recorded and/or constructed in phases or stages, the required open spaces and recreation areas will be designated on the record plan and developed at the same proportion that the number of lots in the phase or stage bears to the total number of lots in the community.

(b)

Vending machines for candy, soft drinks and similar refreshment items located within an enclosed building or under a roof in a protected breezeway.

(c)

Coin-operated, self-service laundry for the use of residents of the residence manufactured/mobile home community located within an enclosed building.

(d)

Accessory uses and buildings, including permanent-type structures and buildings to be used for the storage of maintenance equipment or other similar uses, community garages subject to the provisions of article VIII, section 46-59, and an existing permanent one-family dwelling for the use of the resident owner or manager.

(e)

The uses set forth in paragraphs (b), (c) and (d) shall be permitted and not required uses in any residence manufactured/mobile home community.

Sec. 46-20. - C-1 district (central commercial).

In the C-1 District, central commercial, no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(a)

All uses permitted in the R-1 District.

(b)

Recreation center, community.

(c)

Railway or bus passenger station.

(d)

Social, fraternal, social service, union and civic organization.

(e)

Office, business, professional or governmental.

(f)

Studio for artists, designers, photographers, musicians, sculptures and gymnasts.

(g)

Bakeries, retail, including preparation of goods for sale on the premises only.

(h)

Blueprinting and Photostatting.

(i)

Building for instruction of dramatics, musical or cultural activities.

(j)

Feed, retail stores.

(k)

Fertilizer, packaged retail sales.

(l)

Funeral home, embalming.

(m)

Post office.

(n)

Printing and photo processing.

(o)

Restaurant, excluding drive-in service.

(p)

Repair and servicing, in doors only, of any article for sale, which is permitted in this district, except, as otherwise indicated in this section.

(q)

Retail stores and shops such as grocery stores, drugstores, variety stores, book stores, clothing stores, florist shops, beverage stores (including alcoholic beverages, subject to a special exception granted by the board of adjustment), gift and specialty shops, hardware stores, delicatessens.

(r)

Bank and financial institutions.

(s)

Churches and other places of worship, seminaries or convents, parish houses and Sunday School buildings.

(t)

Condominium "units" (as now or hereafter defined by the Delaware Uniform Common Interest Ownership Act, 22 Del. C. §81-101 et seq.) utilized for office, business or commercial purposes otherwise permitted in the underlying zoning district shall be permitted if a special exemption is granted by the board of adjustment. Any request for a special exception under this section shall be subject to the following requirements:

(1)

Proposed condominium documents (including any code of regulations and enabling declarations as well as any rules and regulations) must be presented to the city manager and city solicitor at least ten days in advance of the board of adjustment hearing;

(u)

Condominium "units" (as now or hereafter defined by the Delaware Uniform Common Interest Ownership Act, 22 Del. C. §81-101 et seq.) utilized for residential purposes (whether or not used in combination with condominium units utilized for office, business or commercial uses) shall be permitted if a special exception is granted by the board of adjustment. Any request for a special exception under this section shall be subject to the following requirements:

(1)

(v)

Bed and breakfast - tourist home subject to the following conditions:

(1)

On-site manager.

(2)

At least one full bathroom for the exclusive use of the occupants of each three guest rooms or portion thereof, which shall be accessible from each guest room without going through another guest room or sleeping room.

(w)

Mixed uses consisting of permitted commercial uses on the first floor and a total of one dwelling unit on the upper floor(s). Owners of properties in the C-1 District with a permitted commercial use on the first floor and multiple dwelling units on the upper floor(s) that are occupied and existing at the time of the adoption of this subsection (w) may apply to register such use with the city via a registration form approved by the city manager on or before June 30, 2011. As a pre-condition to such registration, the city manager may require an inspection of the subject premises or such other proof of the present existence and nature of such mixed use as he or she may deem appropriate. Such mixed uses with timely filed registration applications accepted by the city manager shall be recognized by the city as permissible non-conforming uses pursuant to section 46-53, subject, however, to all other provisions of this chapter. Owners whose applications under this subsection are rejected by the city manager may file an appeal to the board of adjustment within 30 days of rejection pursuant to section 46-118 of the Code. Nothing herein shall prohibit a property owner from seeking confirmation and registration of a non-conforming mixed use in the C-1 District from the city manager at any time after June 30, 2011; provided, however, that strict proof of the continuous nature of such non-conforming use must be established from the time of the effective date of this chapter, as opposed to the adoption date of this subsection (w).

(Ord. No. 05-0815-01, 10-17-2005; Ord. No. 08-0507-01, 6-16-2008; Ord. No. 10-1018-01, 11-15-2010)

Sec. 46-21. - Conversion of storefront for residential use.

No storefront existing at, or established after, the adoption of this chapter may be converted for residential use without a special exception.

Sec. 46-22. - C-1M district (commercial marine).

In the C-1M District, commercial marine, no building or premises shall be used and no building shall be erected or altered, which is arranged, intended, or designed to be used, except for one or more of the following uses:

(a)

All uses permitted in the R-1 District.

(b)

All uses permitted in the C-1 District.

(c)

Marinas, including the dispensing of fuel for marine use only, and the outdoor storage of boats and trailers and equipment, materials, and vehicles required for the normal operation of a marina.

(d)

Sale and storage of boats, trailers, and marine parts and supplies.

(e)

Indoor and outdoor storage of marine and commercial fishing materials and supplies.

(f)

Maintenance and repair, indoors and outdoors, of boats and fishing equipment, including painting and fiberglass repair, provided that dust, odors, and fumes are contained onsite and that such activities are conducted in compliance with all state and federal environmental and workplace safety laws and regulations.

(g)

Wholesale and retail sale of seafood products.

(h)

Parking requirements for this district shall be the highest requirement for the actual use(s) on the premises as contained in section 46-96 of the Code of the City of Delaware City.

(i)

Signage requirements for this district shall be those prescribed for the C-1 District.

(j)

A densely planted landscape screen at least eight feet in height shall be established along all property lines separating the site from any lot zoned for residential use, the species of trees or other plantings to be approved by the city. In locations where a landscape screen is impractical or undesirable, as determined by the city, the city may require the erection of a solid fence or wall. Such landscape screen or solid fence or wall shall not extend into or beyond the building setback line of an adjoining residential district.

(Ord. No. 06-1016-01, 11-20-2006)

Sec. 46-23. - C-1L district (commercial low impact).

In the C-1L District, commercial low impact, no building or premises shall be used and no building shall be erected or altered, which is arranged, intended, or designed to be used, except for one or more of the following uses:

(a)

All uses permitted in the R-1 District.

(b)

Mixed uses consisting of: (i) permitted commercial uses on the first floor and a total of one dwelling unit on the upper floor(s); or (ii) one dwelling unit comprising one or more floors of the building provided at least ten percent of the floor area of the first floor is continuously utilized for a permitted commercial use and provided, further that no first floor storefront conversions shall be permitted in the C-1L District.

(c)

Bed and Breakfast - Tourist home, subject to the following conditions:

(1)

Resident manager on-site.

(2)

A minimum of one full bathroom for the exclusive use of the occupants of each three guest rooms or portion thereof, which shall be accessible from each guest room without going through another guest room or sleeping room.

(3)

A special exception by the board of adjustment is required.

(d)

Studio and related retail space for artist, craft artist, artisan, designer, photographer, or musician.

(e)

Personal services, including hair salon, day spa, and manicurist, but excluding tattoo or massage parlor.

(f)

Fine dining restaurant, tea room, or coffee shop, not to include take-out, fast food, or drive-in restaurants, with a special exception granted by the board of adjustment.

(g)

Retail, small boutique or shop, including books, prints, art, clothing, florist, gift, and specialty shops, provided that the residential character of the district is maintained.

(h)

General or professional office, subject to the off street parking requirements of section 46-96.

(i)

Signage requirements for this district shall be those prescribed for the R-1 District.

(Ord. No. 06-1016-02, 11-20-2006; Ord. No. 10-1018-01, 11-15-2010)

Sec. 46-24. - C-2 district (general commercial).

In the C-2 District, general commercial, no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following:

(a)

All uses permitted in the C-1 District, except residences.

(b)

Veterinary hospital, and kennel, provided buildings and runs are not within 150 feet of any lot zoned for residential use.

(c)

Laboratory, dental and medical.

(d)

Armories for meeting and training of Federal and State military organizations.

(e)

Automatic car wash establishment subject to the following special requirements:

(1)

Minimum lot size - 24,000 square feet.

(2)

Minimum lot width - 120 feet.

(3)

Minimum depth of lot - 200 feet.

(4)

Minimum setback from all street lines - 40 feet.

(5)

Minimum distance from all property lines other than street lines - 20 feet.

(6)

Minimum distance between any buildings, including accessory uses, and any residential district - 50 feet.

(7)

Minimum distance between any access driveway and residential district - 50 feet.

(8)

Minimum distance between any access driveway and adjoining property line - ten feet.

(9)

Minimum distance between any access driveway and any access driveway of any of the following uses: church, library, school, college, nursing home, hospital, and similar uses - 200 feet measured along the same street line in the same block.

(10)

A solid fence or wall a minimum of five feet in height or a landscape screen shall be erected along all property lines separating the site from any lot zoned for residential use. Such solid fence or wall shall not extend into or beyond the building setback line of an adjoining residential district.

(11)

Maximum width of curb cuts for access driveways - 35 feet.

(12)

Parking requirements:

A waiting or stacking area on the lot for incoming automobiles, accessible to the entrance end of the washing equipment to accommodate at least 25 automobiles for each lane provided in the washing area.

An area on the lot beyond the exit end of the washing equipment for at least ten automobiles for each lane provided in the wash area.

Parking space on the lot in addition to that required in a and b above in accordance with the following: One parking space for each three employees based on the maximum number of employees at any one time, and one parking space for the owner or manager.

(13)

Entrance access driveways shall not be located within 300 feet of the intersection of any two street lines.

(14)

Except for access driveway openings, where the curb shall be depressed, a raised curb at least six inches in height shall be provided along all street lines, or within the right-of-way if approved by the State Highway Department (if required).

(15)

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

(16)

All parking spaces and access drives shall be paved with a weatherproof material.

(f)

Self-service car wash establishment subject to the requirements of an automatic car wash except for the following:

(1)

Minimum lot size - 18,000 square feet.

(2)

Minimum lot width - 120 feet.

(3)

Minimum depth of lot - 150 feet.

(4)

Parking requirements:

A waiting or stacking area on the lot for incoming automobiles accessible to the entrance end of the washing equipment, for at least six automobiles for each lane provided in the washing area.

An area on the lot beyond the exit end of the washing equipment for at least four automobiles for each lane provided in the washing area.

(g)

Building for display of sample merchandise.

(h)

Bowling alley, billiard and pool parlor, skating rink, dance hall and other similar indoor recreation uses.

(i)

Engraving, including textile.

(j)

Exterminator.

(k)

Fabric samples assembly.

(l)

Fences and fencing material, excluding open storage.

(m)

Restaurant, with drive-in service, subject to the following:

(1)

A solid fence or wall a minimum of five feet in height, or a landscape screen, shall be erected along all property lines separating the site from any lot zoned for residential use. Such solid fence or wall or landscape screen shall not extend into or beyond the building setback line of an adjoining residential district.

(2)

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

(n)

Repair and service of any article, the sale of which is permitted in this district, except as otherwise indicated in this section.

(o)

Riding academy.

(p)

School, proving adult training in any of the arts, sciences, trades and professions.

(q)

Sign painting, excluding manufacture of signs.

(r)

Theater, housed within an enclosed structure.

(s)

Business places of a builder, carpenter, caterer, cleaner, contractor, decorator, dyer, electrician, furrier, mason, optician, painter, photographer, plumber, roofer, tinsmith, upholsterer, and similar non-nuisance business, excluding open storage of materials and excluding open storage of motor vehicles.

(t)

A dry-cleaning and shirt service establishment conforming with the following special requirements:

(1)

A synthetic dry-cleaning machine employing a solvent approved by the Fire Underwriters as safe and non-flammable is used.

(2)

The cleaning and drying processes are carried out within single maximum 50 pound capacity washer units.

(3)

Noise or vibration is not noticeable outside the building.

(4)

The solvent vapor that may escape within the plant during its operation shall not exceed an M.A.C. or Threshold Limit Value of 100 parts per million as shown on a Davis Halide Meter.

(5)

The outlet from any exhaust fan from the dry-cleaning room shall be located not less than eight feet away from any lot line. If the exhaust outlet is within ten feet of any window, than the outlet must be extended to a point two feet above the roof line of any adjacent building.

(u)

Motel, motor court, hotel.

(v)

Automobile service station and public garage, including paint and body shop, subject to the following special requirements:

(1)

Minimum lot size - 14,000 square feet.

(2)

Minimum depth of lot - 100 feet.

(3)

Minimum lot width - 120 feet.

(4)

Minimum setback line from all street lines - 40 feet.

(5)

Minimum distance from all property lines other than street lines - 20 feet.

(6)

Minimum distance between any buildings, including accessory uses, and any residential district - 50 feet.

(7)

Minimum distance between any access driveway and any residential district - 50 feet.

(8)

Minimum distance between any service station and repair garage access driveways and the following uses: church, library, school, college, nursing home hospital and similar uses - 200 feet, measured along the same street line in the same block.

(9)

Minimum distance between gasoline pump islands, compressed air connections, and similar equipment and facilities and any street lines - 20 feet.

(10)

Maximum width of curb cuts for access driveways - 35 feet.

(11)

Spacing of access driveways:

Minimum distance from adjoining property lines - ten feet.

Minimum distance from intersecting street lines - 20 feet.

Minimum distance between access driveways - 20 feet.

(12)

Except for access driveway openings where the curb shall be depressed, a raised curb of at least six inches in height shall be provided along all street lines, or within the right-of-way if approved by the State Highway Department (if required).

(13)

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

(14)

(15)

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

(w)

Auctions.

(x)

Catering service.

(y)

Frozen food locker.

(z)

Ice manufacture, storage and sales.

(aa)

Parking lot, commercial.

(bb)

Sign painting and manufacture.

(cc)

Warehousing.

(dd)

Retail sales with related storage and warehousing entirely within enclosed buildings.

(ee)

Wholesale sales with related storage and housing, entirely within enclosed buildings.

(ff)

Automobile, boat, bus, truck, mobile dwelling unit, camper, motorcycle, motorbike, utility trailer, rentals, retail and wholesale sales, subject to the special requirements for automobile service stations except:

(1)

No minimums are set for lot size.

(2)

No minimums are set for depth of lot.

(3)

No minimums are set for lot width.

(gg)

Accessory uses, including the sale of used merchandise in connection with the sale of new merchandise.

(hh)

Marina.

Sec. 46-25. - OS-R district (open space and recreation).

In the OS-R District, open space and recreation, no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following:

(a)

Outdoor recreational areas and facilities.

(b)

Boating facilities.

(c)

Conservation areas.

(d)

Water retention basins, drainage improvement facilities.

(e)

Public utility rights-of-way and structures.

(f)

Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted uses.

Sec. 46-26. - OS-BA district (open space and buffer area).

In the OS-BA District, open space and buffer area, no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(a)

Conservation areas.

(b)

Public utility rights-of-way and structures.

(c)

Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted use.

(d)

Pumping stations for waste water, waste water treatment facilities and waste water disposal structures, subject to the provisions in article XIII, section 46-121, paragraph (c)(9).

Sec. 46-27. - M-1 district (light industrial).

In the M-1 District, light industrial, no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(a)

Public utility rights-of-way and structures.

(b)

Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted uses.

(c)

Dock terminal facilities.

Sec. 46-28. - HPR district (historic preservation and redevelopment).

(a)

In an HPR District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used except for one or more of the following uses.

(1)

Historic uses and uses dedicated to historic preservation.

(2)

Laboratories and related facilities for research, basic and applied.

(3)

Hospitals, medical clinics, pharmacies, and drug stores.

(4)

Offices for professional services and administrative activities, including but not limited to, such uses as conference and corporate training centers, financial institutions and banks, personal services, and supply and storage facilities.

(5)

Technologically dependent or computer based facilities that are dedicated to the processing of data or the analysis of information.

(6)

Daycare centers with the following special requirements:

At least 100 square feet of outdoor play space per child shall be provided.

Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or lands unsuited by other usage or natural features for children's active play space, fencing or other enclosures shall be a minimum height of four feet.

Thirty-five square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, and mechanical rooms, and other areas not used by children for sleep or play on a routine basis; the minimum lot area for such uses shall not be less than 10,000 square feet.

This use shall be primarily intended to serve the uses permitted in this district.

(7)

Restaurants, including cafeteria style and delicatessens, which do not have drive through service capabilities.

(8)

Recreation facilities, indoor and outdoor, incidental to and intended primarily to serve uses permitted in this district.

(9)

Conference facilities.

(10)

Utility distribution and transmission lines, substation, electric, gas and telephone central office.

(11)

Public transportation facilities, including bus or transit stops for the loading and unloading of passengers, stations and depots.

(12)

Accessory uses and accessory buildings, pursuant to the standards and definitions set forth in section 46-16(q).

(13)

All residential uses permitted by sections 46-16(a).

(14)

Retail and retail food stores up to 75,000 square feet in maximum floor area.

(15)

Playgrounds, parks, and buildings operated for recreational purposes.

(16)

Libraries, museums, art galleries.

(17)

Police and fire stations, municipal office and service buildings.

(18)

Public or private schools and public or private colleges and universities.

(19)

Nursing homes, rest homes, adult daycare and other uses outlined by section 46-16(j) under the standards set forth therein.

(20)

One family residential, semidetached dwellings, each on a separate lot and townhomes in groups of three or four units, each on a separate lot.

(21)

(a)

Office or studio of a physician, dentist, lawyer, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person, provided that activity conducted inside the office or studio shall be conducted in such a way that no noise, heat, glare, odor, vibration, electromagnetic interference or smoke shall be perceptible at or beyond the office or studio.

(b)

Any other multi-family residential units not permitted in the HPR District, whether they are new or existing structures, may be permitted subject to the special use permit standards and procedures set forth below.

Special use permit standards. Special use permits may be granted, but are not required to be granted, in the sole discretion of the city council. In considering whether to grant a special use permit. all of the following factors should be considered: (aa) consistency with the Comprehensive Development Plan and the purposes of this chapter; (bb) consistency with the character of the neighborhood and greater City of Delaware City; (cc) consistency with zoning and use of nearby properties; (dd) suitability of the property for the uses for which it has been proposed or restricted; (ee) effect on nearby properties, including, without limitation, the visual impact on adjacent lands: (ff) adverse effect on the area; and (gg) whether it is detrimental to the health, safety, convenience or public welfare of persons living within the City of Delaware City.

ii.

Special use permit procedures.

aa.

The owner or potential owner of the property must make written application for a special use permit, including plans, supporting materials, and payment of the application fee, to the Mayor and the City Council.

bb.

The application shall be forwarded to the Planning Commission for consideration and recommendation to the City Council.

cc.

Thereafter, a public hearing on the application shall be held at the next available regular city council meeting, adhering to notice requirements, no sooner than three weeks following receipt of the recommendation of the planning commission, to allow time for the city council and the city engineer to review the application.

dd.

Any special use permit application must be granted by a majority vote of the city council members, with the mayor being permitted to cast the deciding vote in the event of a tie.

(22)

Recreation center, community.

(23)

Railway, bus or passenger station.

(24)

Building for instruction of dramatics, musical, or cultural activities.

(25)

Post offices and similar package delivery services.

(26)

Condominium units, as set forth in section 46-20(t)—(u), only for uses permitted in the HPR District.

(27)

Marinas and marine uses permitted in the C-1M District, as set forth in section 46-22(c)—(j).

(28)

Veterinary hospitals.

(29)

Laboratory, dental and medical.

(30)

Armories for meeting and training of Federal and State military and emergency personnel.

(31)

Motel, motor court, hotel.

(32)

Gas stations and convenience stores.

(33)

All uses permitted in the Open Space Recreation (OS-R) District, and park uses.

(34)

All uses permitted in the Open Space and Buffer Area (OS-BA) District.

(35)

Light industrial uses and institutional uses as defined by the following NAICS Codes: 311811, 42 (except 4231, 4233, 4235, 4238, 42444, 42447, 4246, 4247, 42452 and 42459), 441222, 442, 443, 444 (except 44411, 44419), 445, 446, 447, 448, 451, 452, 453 (except 45393), 487, 491, 492, 51, 52, 53 (except 5321, 5324), 54, 55, 56 (except 562), 61, 62 (except 624221), 71 (except 7132), 72 (except 72112), 81 (except 811 - with only 81142, 81143, and 81149 permitted), 92 (except 92214).

(36)

Bed and breakfast facility/tourist home.

(37)

Churches and places of worship.

(38)

Banks and financial institutions, excluding payday/title loan establishments.

(39)

Any combination of permitted uses on or within a given lot, parcel, structure or area.

(40)

Installation or operation of any communications tower owned or operated by a federal or state governmental entity and utilized, at least in part, for military, emergency, or law enforcement purposes. Government towers authorized by this section are not subject to the special use requirements of section 46-21(b)(1) and are not subject to applicable height limits in the HPR District.

(41)

Harboring and keeping of livestock, aquaculture, the growing and harvesting of crops, and other similar agricultural uses in non-residential areas.

(42)

Redevelopment of existing properties shall be limited to uses permitted in the HPR District. Pursuant to the provisions in section 46-21(b), a special use permit may be requested for a use that is otherwise not permitted in the HPR District.

(43)

Notwithstanding any other permitted uses in the HPR District, no residential units shall be permitted above commercial or office uses. Pursuant to the provisions in section 46-21(b), a special use permit may be requested for a use that is otherwise not permitted in the HPR District.

(b)

The following uses require special use permits approved by the board of adjustment:

(1)

Tower, broadcasting and telecommunications, subject to the following special requirements:

Tower applications shall be accompanied by a professional engineer's report containing the following:

A technical evaluation of the utilization of existing towers for telecommunications or other equipment intended for the installation on the proposed tower.

A technical evaluation of the feasibility of attaching the tower or antenna to existing buildings.

Written certification of compliance with Federal Communications Commission Safety Standards for exposure to nonionizing electromagnetic radiation.

Copies of all applicable state and federal permits.

Any principal part of the tower, excluding guy cables, shall be set back from the nearest property line of a church, library, school, nursing home, hospital, historic or residential lot not less than three times the height of the tower or 350 feet, whichever is greater. The setback shall be measured from the nearest point of the base of the tower to the nearest point of the property line of the protected use.

No artificial light shall be installed upon any such tower unless required by the Federal Aviation Administration. If such light is required, it shall be screened so as not to project its light below the horizontal plane in which it is located.

Towers over 200 feet in height shall be guyed and not self-supporting nor consisting of lattice type structures, unless the applicant demonstrates that a guyed tower shall have a greater negative visual impact than a self-supporting tower.

Towers located on existing buildings or structures shall not extend beyond 22 feet above the highest point of the building or structure. Accessory buildings or facilities for towers located on existing buildings or structures shall be located either in or on top of such buildings or structures.

Landscaping shall be provided around the base of the tower and adjacent to a required security fence that shall be at least ten feet high. The landscaping shall consist of a minimum 25-foot wide planting strip with ground cover and/or grass, including at least one row of six-foot high evergreen trees providing a solid screen adjacent or proximate to the fence, and 15-foot high, two-inch caliper deciduous trees, interspersed within the buffer area and no more than 20 feet apart. Applicants may substitute alternative landscape plans that meet the purposes of this subsection to limit the visual impact of the lower portion of the tower and adjoining accessory facilities. Camouflaged towers designed to look like trees may be exempt from this subsection, subject to board of adjustment approval. Towers located on top of buildings three stories or more in height and telecommunication antennas located on existing buildings shall be exempt from this subsection, except that a six-foot high solid evergreen screen shall be required between any telecommunications antenna or tower accessory building and adjoining properties. A ten-foot high security fence and an adjoining six-foot high solid evergreen screen adjacent or proximate to the fence shall be provided around the anchoring facilities for guy wires for guyed towers.

No outdoor storage shall be permitted at the tower site.

Unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration, towers shall be light gray in color. Camouflaged towers designed to look like trees may be exempt from this subsection, subject to council approval. Telecommunication antennas with colors designed to match buildings or structures to which they are attached shall be exempt from this subsection.

A tower shall be located so as not to encroach into any established public or private airport approach as established by the Federal Aviation Administration.

Towers higher than 100 feet must be a minimum of 500 feet from the nearest similar tower, measured from the base of the towers.

New telecommunication facilities may be attached to an approved tower without applying for an additional special use permit so long as the new facility is in compliance with the requirements and standards of this section.

No interference with existing television, cable television, radio signals, or other electronic devices shall be permitted from the tower. If interference occurs, it shall be immediately remedied by the operators of the tower.

If a tower is abandoned, unused for two years, or no longer operable, it shall be removed within six months of its abandonment. If a tower is not dismantled as specified in this subsection, the city shall arrange to have the facility dismantled and will assess the landowner all costs associated with the removal of the tower. If the full amount due the city is not paid by the owner, or person in control of the property, or his or her agent, within 90 days of receipt of a bill from the city, the city shall cause a special assessment to be recorded. The recordation of such special assessment shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made.

That the owner of such tower shall provide proof to the city that the tower has undergone a triennial inspection for structural integrity. Said inspection is to be performed by a certified engineer, or other qualified professional, at the expense of the owner of the tower. If structural deterioration is found to be present, and such deterioration affects the physical stability or aesthetic integrity of the tower, the owner shall be required to correct such deterioration within a time limit to be established by the building department.

In addition, the operator of such tower shall provide annual proof to the city that the tower has undergone field measurements to ensure compliance with all applicable Federal Communication Commission safety standards for exposure to nonionizing electromagnetic radiation. Such field measurements, and submission of the results to the city, shall be conducted upon start up of the facility and annually thereafter; except that every third year, such proof of compliance shall be submitted on behalf of the operator by an independent nonionizing electromagnetic radiation evaluator. All such field measurements, and submission of the results, are to be performed by a certified engineer, or other qualified professional, at the expense of the operator. If such field measurements demonstrate noncompliance with Federal Communication Commission safety standards specified in this section, transmission at the facility shall be suspended until such time as full Federal Communication Commission safety standards compliance is demonstrated to the satisfaction of the city.

The owner of such tower shall give proof to the city that any damages which may occur to surrounding properties or injury which may occur to persons, which damages or injuries are caused by a failure of the tower and/or its associated structural supports, regardless of whether such failure is a result of human error or an act of God, shall be paid by the owner of the tower and/or insurers of the tower.

(c)

Area regulations and other special requirements.

(1)

Height of buildings. The permissible height for all buildings shall be set forth in the Table codified at article VI, section 46-31.

(2)

Building dimensional requirements. Except as otherwise specified herein, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be governed by the building dimensional requirements set forth in section 46-31.

(3)

Parking. Off-street parking requirements and loading space requirements shall be determined in accordance with the minimum standards for the proposed use as set forth in sections 46-96—46-99.

(4)

Building design. Regarding building design, the following standards shall apply:

Detailed elevation drawings of all proposed buildings shall be submitted including all signage; building materials; building height; the location, height and material of landscaping and screening walls and fences; outdoor trash and recyclable material storage areas; and electrical, mechanical and gas metering equipment.

To maintain a high standard of construction and appearance and to provide architectural unified and interesting design the exterior walls of each building are to be constructed of durable, permanent materials, (including appropriately selected brick, treated concrete, glass, and other architectural panels). Buildings should complement and harmonize with the overall design of the HPR District.

Signage, intended to guide motorists and pedestrians from perimeter streets, shall correspond to the overall design, color and finishing of the buildings upon which they are displayed; that is, signage shall be designed as integral architectural elements of proposed architecture.

(5)

Site design. Regarding site design, except as otherwise specified herein, the following special regulations shall apply:

Sidewalk and pathways shall be installed and designed to enhance the pedestrian experience; off road bicycle circulation paths shall be designed to complement pedestrian ways.

Building sites and roadways shall be designed to facilitate way finding through the district.

Exterior and interior lighting features shall be integrated to help provide visual understanding of the building's composition and function based on the following guidelines:

Use lighting fixtures primarily for important building elements such as entries.

Favor the use of defused lighting system over those generating a strong point source of lighting.

Enhance the visibility of interior building lighting to the exterior giving a sense of light emanating from the building.

Avoid dramatic changes of illumination levels which can produce glare and disorientation.

Enhance the illumination, where appropriate, of landscape features.

Lighting shall be designed to limit impact on adjacent properties.

Landscaping or screening shall be installed to screen parking areas, mechanical equipment, refuse storage areas and related appurtenances and to enhance the visual appeal of the buildings and facilities in the district.

New utility lines and related appurtenances shall be installed underground unless a variance is granted by the board of adjustment.

(6)

Review of plans to determine compliance with the provisions of subsection (c) herein shall be performed by designated officials of the City of Delaware City, which shall issue approvals upon satisfaction that all such provisions, and other applicable provisions of the Delaware City Code have been met. Applications for subdivisions for the purposes of establishing lot and/or lease lines for real estate taxation and related purposes shall be subject to the procedural requirements of the Delaware City Code. All permitted uses in the HPR district shall be subject to applicable city and State Code requirements, standards, and procedural requirements (including, but not limited to, building, zoning, sidewalk, plumbing, mechanical, and subdivision standards).

(7)

It is anticipated that the Ft. DuPont Redevelopment Authority will adopt its own use, design and construction standards, which may be more restrictive than the standards of the Delaware City Code. In case of conflict between the use, design and construction standards of the Ft. DuPont Redevelopment Authority and Delaware City standards, the stricter of the two standards shall govern.

(d)

For the avoidance of doubt, the following uses are expressly prohibited in the HPR District:

(1)

Manufacture of corrosive acids, gelatin, paint, oils, fertilizer, linoleum, cork products, bleaching compounds or soap; tanning or curing of hides; crude oil refining; rubber treatment or manufacture; ore smelting; blast furnace, garbage of offal reduction or dumping; asphalt manufacture or refining; abattoir; junk storage; automobile wrecking; animal rendering; oil storage; except for the exclusion of distribution or warehouse operations, unless such operations are incidental to and intended primarily to serve uses permitted in this district.

(2)

Any use prohibited by the Delaware Coastal Zone Act, industrial, manufacturing, and institutional uses not expressly authorized herein, fossil fuel fired power plants, trash to steam plants, concrete crushing, rock crushing, hot mix plants, drive through restaurants, and other similar uses.

(3)

Any use determined by the Ft. DuPont Redevelopment Authority to be inconsistent with the Master Plan for Ft. DuPont and/or any use inconsistent with the purposes and requirements of HB 310 as may be amended from time to time.

(4)

Uses not expressly authorized by sections (a) and (b) above.

(e)

Subdivision Amenities. Notwithstanding the requirements of any other law, common areas not associated with a condominiums in the HPR District, such as roads, active open space, passive open space, recreational amenities, and parks as depicted and outlined on any subdivision or other land development plan (collectively "Subdivision Amenities") may be owned, maintained and operated by the State of Delaware or any of its agencies, the City of Delaware City, or any entity that is a public instrumentality of the State exercising essential governmental functions. Subdivision amenities shall be governed by such requirements as established by ordinance and/or such other requirements as the owner of the subdivision amenities shall establish by rule, regulation, guidelines, or through recorded restrictions. If the owner of the subdivision amenities is the State of Delaware or any of its agencies, the city, or any entity that is a public instrumentality of the State exercising essential governmental functions, such owner may charge proportional assessments, common area maintenance fees, or other fees to subdivision property owners for the maintenance and upkeep of subdivision amenities and other similar amenities.

(f)

Riparian Buffer Area (RBA). An RBA consists of land which forms a transition zone between existing, relocated, or proposed aquatic and terrestrial environments in the HPR District. RBA's include:

(1)

One hundred feet on either side of perennial and intermittent streams, lakes, canals, and tidal wetlands;

(2)

All of a nontidal wetland greater than 20,000 square feet in area, plus an additional 50 feet of adjacent land;

(3)

All of any size nontidal wetland identified in the City of Delaware City Comprehensive Plan Update and designated by the Delaware Natural Heritage Program, a division of DNREC, plus an additional 50 feet of adjacent land.

(4)

The RBA shall consist of two zones:

Zone 1 is the land within 25 feet of the water body or wetland. It shall also include any contiguous area of slopes in excess of 15 percent and erosion-prone slopes contiguous to and draining toward a floodplain or watercourse upstream of an existing public water supply intake.

Zone 2 is the remainder of the RBA.

Identification and calculation.

Reserved.

Initial identification of the watercourses/waterbodies shall be made using the National Hydrographic Dataset (NHD) utilized by the United States Geological Survey or more accurate information, as available. Field verification to determine evidence and location of channelized flow is required for a specific determination.

Measurements for the Zone 1 boundary are to be made horizontally, perpendicular from the following reference points: top of bank of perennial streams, centerline of intermittent streams, and mean water level of lakes, ponds, and tidal wetlands. Measurements for the Zone 2 boundary are to be made horizontally, perpendicular from the boundary of the environmentally sensitive lands.

Measurements shall be made at appropriate intervals perpendicular to these reference points so as to accurately reflect the character of the adjacent land.

The width of existing impervious area such as roadways, parking lots, structures, sidewalks, etc. shall not count towards the RBA measurements.

Final determination of the boundaries of the RBA shall be made by the city engineer.

(5)

Exceptions: An RBA shall not be designated along industrial ponds, sewage lagoons, man-made irrigation ditches, stormwater management basins and other artificial features with a similar water quality or storage function.

(6)

All subdivisions and land development plans prepared for review and recording, and all right-of-way plans shall clearly:

Show the extents of any RBA on the subject property.

Label Zone 1 and Zone 2 of any RBA.

Provide a note to reference any RBA stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Delaware City."

Provide a note to reference any protective covenants governing RBA stating: "Any riparian buffer area shown hereon is subject to protective covenants that may be found in the land records and that restrict disturbance and use of these areas."

(7)

The following practices and activities are prohibited in an RBA except as necessary for projects allowed under section 46-28(f)(8):

Clearing of existing vegetation.

Soil disturbance by grading, stripping or other practices.

Paving, filling or dumping.

Drainage by ditching, underdrains or other systems.

Use, storage or application of pesticides, except for spot spraying of noxious weeds or non-native species.

Storage or operation of motorized vehicles, except for emergency use.

(8)

The following structures, practices, and activities are permitted in an RBA upon issuance of requisite approvals by DNREC, the Corps of Engineers, and any other jurisdictional authority:

Marinas including related ancillary structures and functions of marinas as defined in section 7501 - Marina Regulations of Title 7 of the Delaware Administrative Code.

Boardwalks, bridges, paths, and utilities provided: (1) an analysis is conducted to ensure that no economically feasible alternative is available, (2) the width of crossings is the minimum needed to allow for maintenance access and installation, (3) the angle of the crossings are perpendicular to the stream or buffer in order to minimize clearing requirements, and (4) the minimum number of crossings is used.

Stormwater management provided: (1) an analysis is conducted to ensure that no economically feasible alternative is available and that the project is either necessary for flood control or significantly improves the water quality or habitat in the stream, (2) the area cleared will be limited to the area required for construction and adequate maintenance access (as may be specified in the Delaware Sediment and Stormwater Regulations), and (3) material dredged or otherwise removed from a BMP is deposited outside the buffer.

Stream restoration projects, facilities and activities.

Water quality monitoring and stream gauging.

Removal of individual trees that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of a stream.

This section 46-28(f) shall not apply to properties that have been subdivided prior to the enactment of this section.

(Ord. No. 14-0915-02, 3-4-2015; Ord. No. 17-1218-01, 1-22-2018; Ord. No. 21-0315-01, §§ 1—4, 8-5-2021; Ord. No. 21-0315-02, § 2, 8-5-2021)