Delmar City Zoning Code
ARTICLE XI
Highway/Regional Commercial District
§ 10-91 Purpose of district.
The purpose of the Highway/Regional Commercial District is to provide for the location of primary economic activities which are, to a large extent, regional in scope, such as regional retailing and service commercial activities requiring locations with emphasis on visibility from and access to regional high-volume highways and large sites. These larger-scale commercial uses may require large amounts of parking or have high traffic impact. The purpose of this district is to promote orderly and harmonious development within the district and within surrounding districts. The regulations are designed to protect uses within the district and within abutting or surrounding districts, establishing such standards for intensity of use and character of development as are compatible with the function of this district.
§ 10-92 Uses permitted inherently.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following uses are permitted inherently in the Highway/Regional Commercial District:
A.
All business (nonresidential) uses permitted inherently in the Central Business, Office and Service, and Community Business Districts, and regional shopping centers in accordance with minimum standards set in Article XVII where superseded by the requirements of this district.
B.
Convention center.
C.
Cultivation of land.
D.
Hospital.
E.
Hotel, motel, or inns.
F.
Automobile sales lot and related garage facilities.
G.
Office building or complex.
H.
Sport arena or stadium.
I.
Theater with a structure.
J.
Restaurants.
K.
Warehouses.
L.
Supermarkets.
M.
Memorial stone shop.
N.
Outdoor commercial recreational facilities, such as miniature golf or sports fields, not motorized vehicles.
O.
Swimming club.
P.
Bus station.
Q.
Service station with or without gasoline.
§ 10-93 Uses permitted by special exception.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following uses are permitted by special exception in the Highway/Regional Commercial District:
A.
Truck and trailer rentals.
B.
Roadside stand.
C.
Casino. A casino may be allowed by special exception subject to certain conditions imposed by the Town of Delmar, Delaware, which shall include, but not be limited to, the following:
(1)
The developer/owner/principal entity seeking a special exception for a casino shall be required to complete an impact study on all public and private services affected. These services shall include, but not be limited to, the fire department, police department, library, school system, transportation, and other service providers deemed essential to the Town.
(2)
The Town will impose a community assessment fee on behalf of the service providers, and any additional service providers determined to be affected, listed in the preceding subsection. The Town will act as the primary liaison with the service providers in determining an appropriate assessment fee.
(3)
The developer/owner/principal entity seeking a special exception for a casino shall be in good standing with the State of Delaware and all other regulatory authorities at the time a special exception is requested and shall not have had a casino, gambling or gaming operations license suspended, revoked and/or terminated within or outside the State of Delaware.
§ 10-94 Area requirements.
§ 10-95 Parking requirements.
§ 10-96 Sign requirements.
A.
Where more than one business is proposed to be located in a development, a plan showing the overall design and treatment of signs within the entire development shall be provided.
B.
Wall, roof, and projecting signs shall be shown on elevation drawings or proposed buildings and shall be limited as to size, number and location on the exterior of the buildings by the Commission.
C.
One freestanding, on-site, commercial sign shall be permitted before each development proposed on property abating the right-of-way of a major highway, such as Route 13. Said sign shall not be higher than 30 feet or lower than 14 feet above ground and shall be limited in surface area to 100 square feet. No part of the freestanding, on-site, commercial sign shall be closer than 20 feet from any property line. Additional on-site, freestanding signs may be permitted by the Commission and may be limited in size, height, and location at its discretion, but may not exceed the requirements stated herein.
D.
All signs should be lighted internally. By Commission exception, a sign may be lighted by spotlight, provided the light is shielded from view, does not impact traffic safety, and does not disturb the neighboring properties. Flashing and moving signs are prohibited.
§ 10-97 Exterior lighting.
A.
An exterior lighting plan shall be provided, showing the location of exterior lighting fixtures or standards, and shall be designed so that levels of illuminations will be functional, yet show no visible light source, and so that such lighting will not produce glare in the surrounding property.
§ 10-98 Landscaping and screening.
Landscaping and screening shall be required as follows and shall be shown in a landscaping plan:
A.
A fifty-foot-wide strip of land generally following the right-of-way of major highways and a twenty-five-foot-wide strip along access roads to the highway shall be landscaped to the end that it will provide a continuity of landscaping along the major highway, and shall be designed with consideration given to existing landscaping on adjoining properties.
B.
Parking lots shall be landscaped to break up large expanses of paved parking areas through the use of landscaped rest islands, tree clumping and walkways.
C.
Screening in the form of fencing, such as evergreen hedgerows or existing natural growth, is to be provided along property lines adjacent to existing residentially used or zoned property.
D.
Screening shall be provided around loading and unloading areas.
E.
All areas not devoted to buildings, parking, or other facilities shall be suitably landscaped and maintained; dead plant material shall be replaced according to the season.
F.
The landscaping plan shall contain, as a minimum, the following:
(1)
The approximate location of a residential or other building or use in the vicinity of the proposed development site.
(2)
An outline of existing wooded area.
(3)
The approximate location of branches or natural intermittent drainage channels.
(4)
The approximate location of any outstanding individual trees or special features on the development site.
(5)
The location, name, size and height or diameter of shrubbery and trees to be planted within landscaped or screened area.
(6)
The height, length, type and location of fencing to be used for screening purposes.
§ 10-99 Site plan review.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
Refer to Article XXVI, Development Plans, for site plan review requirements.