Delmar City Zoning Code
ARTICLE XIV
Apartment Standards
§ 10-115 Purpose of standards.
To prevent the construction of apartments in locations not suited for apartments, to prevent the overcrowding of land, to avoid the undue concentration of populations within certain districts, and to insure the adequate protection of the surrounding area, the following minimum standards for apartment development shall apply.
§ 10-116 Procedures and restrictions.
A.
All apartment developments shall require a Comprehensive Site Plan. See Article XXVI, Development Plans.
B.
In the site plan, there shall be adequate provisions for access and for adequate protection of the surrounding properties.
§ 10-117 Design standards and restrictions.
A.
Density. Density for apartment development shall not exceed 25% of the total lot area and the remaining nonbuilding area may include that portion of the site which is devoted to parking, landscaping, private access to roads, and any related open space.
B.
Minimum lot area per dwelling unit: 3,200 square feet of lot area shall be provided per dwelling unit, excluding the area of internal streets.
§ 10-118 Setbacks.
A.
Front or corner setback required for the district in which it is located or not less than 30 feet.
B.
No apartment building shall be located less than 30 feet from any side or rear property line.
C.
No accessory building shall be located less than 25 feet from any apartment building nor less than 25 feet from any side or rear property line.
§ 10-119 Lot coverage and area consumption.
A.
Apartment buildings, including accessory buildings within the project area shall not cover more that 25% of the land area.
B.
Land area used to compute density shall not include public streets needed to serve the project.
§ 10-120 Open space.
A.
Not less than 25% of the net project area shall be provided in open space suitable for leisure time activities; this shall include areas designated for swimming pools, tennis courts, etc.
B.
Developed open space shall include tot lots and may include tennis courts, basketball courts, and picnic areas or other facilities approved by the Commission.
§ 10-121 Parking.
A.
A minimum of 1/2 off-street parking spaces per dwelling unit, plus 25% of the total for guest parking, shall be provided.
B.
Parking in common areas shall not exceed 50 vehicles per parking area, provided that all connected parking areas shall be separated by a landscaped area of at least 15 feet in width.
C.
Parking should be arranged so as not to create a nuisance for adjoining property.
D.
Where applicable, there shall be off-street loading and unloading areas provided. These areas shall be screened through landscaping or permanent construction from adjoining areas.
§ 10-122 Lighting.
Lighting of external walkways and parking lots shall be provided. Such lighting shall be designed so as not to throw glare on to surrounding property.
§ 10-123 Density or height increases permitted by special exception.
In all districts where apartment development is permitted, the Board may approve an increase in height or density, up to a maximum of 30 units per acre, after consideration of the following criteria, in addition to satisfying the requirements of Article XXXII, Special Exceptions, of this chapter.
A.
Additional ten-foot setback requirement for each story above three to provide distance and separation from lower profile residential development;
B.
Open space is increased to 40% of the net project area;
C.
Arrangement of buildings on the site can be designed to minimize the effect of shadows;
D.
Interference with light and air intrusion on privacy of adjoining residential yards;
E.
Additional landscaping and screening is provided around parking areas, where the Board deems necessary, and adjoining resident development;
F.
In determining whether an increase in height or density should be approved, the Board shall consider such factors as:
(1)
Existing and proposed streets and traffic patterns relative to the amount of traffic that the increased density will generate.
(2)
Whether the site is further separated from residential areas by streets or nonresidential uses.
(3)
Added recreational facilities to meet a higher density of people.
