Kent County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VI
Conditions of Approval
§ 205-66 General guidelines and standards.
A.
The purpose of the conditional use procedure is to provide for certain uses which cannot be well-adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual characteristics or are generally of a public or semipublic character and are essential and desirable for general convenience and welfare, but because of the nature of the use, the importance of its relationship to the Comprehensive Plan, and possible impact, not only on neighboring properties, but on a large section of the County, require the exercise of planning judgment on location and site plan. A conditional use should be approved only if it is found that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property and persons and further, provided, that the additional standards of this article are complied with. Unless otherwise specified in this article or specified as a condition of approval, the height limits, yard spaces, lot area and sign requirements shall be the same as for other uses in the district in which the conditional use is located.
B.
Some of the uses contained herein are permitted by right but are subject to specific conditions while others are subject to the conditional use approval process. Refer to the Permitted Use Table in Article V to determine if a specific use is permitted by right or as a conditional use.
C.
The specific conditions contained herein shall be considered minimum requirements. The Levy Court, Regional Planning Commission, or Department may determine that additional or more stringent conditions are warranted due to the nature or location of the proposed use.
D.
General conditions for all uses contained herein:
(1)
All applicable federal, state, and local licenses and/or permits for the specific use must be obtained and kept current.
(2)
Off-street parking is provided in accordance with requirements for the specific use and/or such other uses as may be proposed accessory to the primary use as listed in Article XVII, Parking.
(3)
Exterior lighting shall be shielded so that it is deflected away from adjacent properties and passing motorists.
(4)
A solid fence, wall or landscape screen shall be erected along all property lines as required by § 187-79.
(5)
Signage for the use shall be consistent with the zoning district where the project is located as outlined in Article XVIII.
(6)
All requirements, regulations and recommendations submitted by any agency as part of the quality of life notification shall be considered.
(7)
All known safeguards shall be implemented to ensure the protection of the air, water and soil of Kent County from pollution and degradation of quality.
(8)
The reviewing body may impose any other appropriate or more stringent conditions it deems necessary to protect the health, safety and welfare of the neighborhood.
§ 205-67 Agricultural uses.
[Amended 5-20-2025 by Ord. No. 25-10]
A.
Accessory agricultural dwellings.
(1)
Every owner of a bona fide farm of more than 10 acres and less than 50 acres shall be permitted to have one dwelling or manufactured home in addition to a principal residence located on said farm for the purpose of housing family members and/or farm workers employed on said farm.
(2)
Every owner of a bona fide farm of more than 50 acres shall be permitted to have no more than two dwellings or manufactured homes in addition to a principal residence located on said farm for the purpose of housing family members and/or farm workers employed on said farm.
(3)
Each accessory dwelling or manufactured home shall meet all setback requirements as required of principal dwellings.
B.
Agricultural manufacturing and waste services.
(1)
If located in AC or AR, to assure preservation of the agricultural character of the neighborhood, the activity shall be designed so that the appearance of the premises remains that of an agricultural area.
(2)
The operation shall be located at least 100 feet from the front property line, 200 feet from all other property lines and 500 feet from any dwelling located on an adjacent property.
(3)
All manufacturing and storage shall take place within a building.
(4)
All noise and dust emissions shall be attenuated per the Occupational Safety and Health Act of 1970, and the Delaware Department of Natural Resources and Environmental Control Regulations.
(5)
Sanitary landfills have specific conditions listed in § 205-72B(5).
(6)
Septage processing and storage has specific conditions listed in § 205-72B(6).
C.
Agricultural support and other rural services.
(1)
Any outside storage shall be screened from view from access streets and adjoining properties with a six-foot-high landscape, fencing, or berming buffer or a combination of such that meets the intent of this section.
(2)
All structures used as part of the service must meet the principal structure setbacks for the district, including if the use is located in a detached accessory structure.
(3)
All manufacturing and repair is conducted within a completely enclosed building.
(4)
All displays of products are set back behind the building setback line.
(5)
To assure preservation of the agricultural character of the neighborhood, the activity shall be designed so that the appearance of the premises remains that of an agricultural area.
(6)
Those uses which will provide retail sales to the public inside a building will require site plan approval over 5,000 square feet of impervious area for the use. Other uses will fall under a full agricultural use that will not require site plan.
(9)
Farm product warehousing and storage must be located on a farm, as defined by this chapter.
D.
Agricultural extractive use (level one extractive use).
(1)
The use must maintain the principal structure setbacks for the district for any part of the operation.
(2)
The following items must be provided for this use:
(a)
Letters of approval from DNREC, Delaware Department of Agriculture, DelDOT, and Kent Conservation District.
(b)
Topographical map with two-foot contours indicating current elevation and proposed extractive depth limit.
(c)
No more than 10% (at one time or cumulatively) of the total farm acreage may be utilized for agricultural extractions.
(d)
Description of how the extractive material will be managed.
E.
Blacksmiths.
(1)
All operations are enclosed within a building.
(2)
Catalytic smoke scrubbers are installed on the forge exhaust.
(3)
Buildings are noise insulated/attenuated per United States Occupational Safety and Health Act of 1970.
(4)
All displays of products are set back behind the building setback line.
(5)
Any outside storage shall be screened from view from access streets and adjoining properties with a six-foot-high landscape, fencing, or berming buffer or a combination of such that meets the intent of this section.
(6)
All structures used as part of the service must meet the principal structure setbacks for the district, including if the use is located in a detached accessory structure.
G.
Commercial kennel.
(1)
All kennels and runs are located at least 100 feet from any adjoining property line and 300 feet from any dwelling not located on the subject parcel.
(2)
There will be twenty-four-hour security with a caretaker on duty at all times.
(3)
Any exterior lighting will be focused away from all adjacent properties.
(4)
Buildings are noise insulated/attenuated per United States Occupational Safety and Health Act of 1970, as amended.
H.
Distribution of agricultural products.
(1)
No distribution of agricultural products shall take place within 100 feet of any pre-existing residential dwelling unit.
(2)
Between 100 feet and 200 feet from any pre-existing residential dwelling unit, any facility for the distribution of agricultural products must be screened from said pre-existing residential dwelling unit in accordance with the following guidelines:
(a)
Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.
(b)
A minimum of two rows shall be installed and trees shall be planted in staggered rows. Plantings shall be placed at maximum 20 feet apart within the same row and 10 feet apart from the adjacent, staggered row.
(c)
Include ground cover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.
(d)
The buffer shall be maintained to prevent disease from spreading and any trees that do not survive shall be replaced.
(e)
A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.
(3)
Setbacks for the facility shall be:
Front | 100 feet |
Distance from any off-site dwelling unit | 100 feet |
These setback distances shall have no application to any railroad track or rail spur.
(4)
Signage within the setback shall be no greater than 16 square feet in area and no more than eight feet above grade.
I.
Dog grooming/training, day care establishment.
(1)
There shall be no overnight boarding of animals.
J.
Farm machinery/equipment repair, service, and/or sales.
(1)
All repair and service must be within a completely enclosed building.
(2)
The minimum lot size required shall be five acres.
(3)
To assure preservation of the agricultural character of the neighborhood, the activity shall be designed so that the appearance of the premises remains that of an agricultural area.
(4)
Any outside storage shall be screened from view from access streets and adjoining properties with a fence not to exceed seven feet in height or a landscape buffer. All materials stored within the area shall not exceed the height of the buffer.
(5)
No junk (as defined in this chapter) shall be stored on-site.
(6)
All structures used as part of the business must be located at least 100 feet from all property lines.
(7)
In the AC and AR Zoning Districts:
(a)
The operation shall be conducted only between the hours of 7:00 a.m. and 8:00 p.m.
(b)
Vehicles that are licensed for over-the-road use shall be prohibited.
(c)
The retail sales and display of merchandise must be conducted in an enclosed structure not to exceed 2,500 square feet in total floor area.
(d)
If retail sales are included, the use must be accessed by a major roadway.
K.
Farm tenant houses.
(1)
The structures meet all provisions of the Delaware State Housing Code and regulations set forth by the Delaware Department of Health and Social Services.
(2)
They are clearly accessory to the principal farming use, placed on land in active farming use, and are occupied solely by persons full-time, part-time, or seasonally employed by the owner of the premises.
(3)
Structures must comply with the currently adopted Kent Count Building Code.
L.
Farm winery, brewery, or distillery, with accessory gift shop, meeting hall, retail sales, and tasting.
(1)
This operation is permitted on a farm of 10 acres or more.
(2)
All processing must be within an enclosed structure.
(3)
The owner/operator shall be licensed by the State of Delaware Alcohol Beverage Control Board and Federal Bureau of Alcohol, Tobacco and Firearms.
(4)
To ensure the preservation of the agricultural character of the neighborhood, the winery/brewery/distillery and accessory structures shall be designed to maintain the appearance of the agricultural area.
(5)
The operation shall be conducted at least 100 feet from any property lines. These setbacks do not apply to the planted crops on the farm.
(6)
The retail sale of beverages and related goods are only permitted in an enclosed structure (gift shop) not larger than 1,500 square feet.
(7)
The meeting hall shall not exceed 5,000 square feet in area and shall allow the preparation of food on premises.
(8)
Any outside storage shall be screened from view from access streets and adjoining properties with a six-foot-high screening buffer.
M.
Hay, grain, and feed stores.
N.
Landscaping and horticultural services.
(1)
The subject site shall be located on a numbered state or County road.
(2)
The subject site shall be a minimum of five acres in size.
(3)
All buildings shall be at least 25 feet from all property lines.
(4)
Storage of all material, vehicles, and equipment shall be 75 feet from all property lines and 150 feet from all adjacent residential dwellings.
(5)
All outside storage of material, equipment, and vehicle storage areas shall be screened from public roads and adjacent properties.
(6)
Retail and wholesale services are prohibited.
O.
Riding clubs, commercial stables or horse training.
(1)
Any buildings used for stables are distant at least 100 feet from any lot line and 300 feet from any dwelling not located on the subject parcel.
P.
Roadside stands.
(1)
The stand and any storage and/or display of merchandise shall be set back not less than 15 feet from the street or road right-of-way.
(2)
An entrance-exit permit shall be obtained from the Delaware Department of Transportation.
(3)
The screening requirement of § 205-66D(4) does not apply to this use.
Q.
Slaughterhouses.
(1)
No slaughterhouse shall be located closer than 100 feet of any adjacent property line and 300 feet from any dwelling not located on the subject parcel.
(2)
All operations must be entirely inside a building.
(3)
The facility shall be in compliance with all appropriate Delaware Department of Natural Resources and Environmental Control Regulations.
(4)
No rendering of waste products shall be conducted on the premises.
(5)
If a stockyard is associated with the use, then it shall be completely fenced and the perimeter of the yard shall be set back at least 300 feet from all adjacent property lines.
R.
Storage and sale of agricultural chemicals.
(1)
The facilities are restricted to the storage and dispensing, but there shall be no manufacturing of chemicals on-site.
(2)
The chemicals shall be stored not less than 100 feet from any property line, and not less than 200 feet from any dwelling not located on the subject parcel.
(3)
The chemicals shall be properly stored in appropriate containers.
(4)
The chemicals shall be used in accordance with United States Environmental Protection Agency regulations.
S.
Tack and harness shops.
§ 205-68 Residential uses.
[Amended 7-18-2023 by Ord. No. 23-17; 9-26-2023 by Ord. No. 23-20; 7-29-2025 by Ord. No. 25-14]
B.
ECHO housing.
(1)
Purpose.
(a)
To permit adult children to provide small temporary residences for their aging parents who need support, while maintaining as much of the independence of the two generations as possible.
(b)
To reduce the degree to which frail elderly homeowners have to choose between increasing isolation in their own homes and institutionalization in nursing homes.
(c)
To develop housing types in single-family neighborhoods that are appropriate for households at a variety of stages in the life cycle.
(d)
To permit ECHO housing in a manner that protects the property values and single-family character of neighborhoods by ensuring that the units are compatible with the neighborhood and are easily removed.
(2)
Conditions for approval of ECHO units. The following conditions must be met in order for an administrative approval of an ECHO housing unit:
(b)
Lot coverage by ECHO unit. Addition of an ECHO may increase allowable impervious coverage up to 5% during the time that the ECHO is on-site. At the time of application the lot must not exceed the allowable impervious coverage, not including the additional 5%, so that when the ECHO is removed, coverage on the property is still in compliance. When the ECHO is removed, allowable coverage reverts back to the maximum limit based on zoning.
(c)
Placement of ECHO unit on lot.
(d)
Removability.
[1]
ECHO units are for a temporary placement only and cannot be made permanent. The unit must be removed within 180 days after the qualifying relative no longer needs assistance (death, nursing home, move off-site).
[2]
The ECHO may not be built on site and must meet the construction standards of a manufactured home. [National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 through 5426)].
[3]
The unit's foundation should be of easily removable materials such as timber pilings or cement block piers so that the lot may be restored to its original use after removal with as little expense as possible.
[4]
No permanent fencing, walls or other structures should be installed that will hinder removal of the ECHO unit from the lot.
(e)
Occupancy.
[1]
The owner(s) of the principal residence and lot must live in one of the dwelling units on the lot for as long as the ECHO remains.
[2]
At least one occupant of the principal residence and at least one occupant of the ECHO unit must be related by blood, marriage or legal adoption and shall be limited to a son or daughter or lineal descendant, antecedent, or sibling.
[3]
In no case shall there be more than two occupants of an ECHO unit.
[4]
At least one occupant of the ECHO unit must be over 62 and unable to live independently.
(f)
Parking. Adequate off-street parking must be provided for any vehicles owned by occupants of the ECHO unit. The number of spaces required will be determined on a case-by-case basis by the Director of Planning Services, taking into account existing parking availability.
(g)
Access.
[1]
All walkways from parking areas and the principal residence to the ECHO unit should be suitable for wheelchair and stretcher access, as determined by the Director of Planning Services.
[2]
The ECHO unit and the principal dwelling must share a driveway entrance from the road that is used for legal access to the property.
(h)
Compatibility. The exterior of the ECHO should complement the exterior of the primary residence and blend in with the community. ECHOs are required to be fitted with temporary skirting that may be easily removed.
(i)
Setback. ECHO units shall meet the minimum side and rear setbacks required for a principal structure within the zoning district in which it is located. ECHO units may not be placed closer to the public street right-of-way than the rear elevation of the main dwelling. If located on a corner lot, the ECHO may not be closer to that side road frontage than the closest point of the main dwelling.
(j)
General.
[1]
ECHO housing is a temporary accessory dwelling unit (ADU). Only one ADU is permitted per parcel. Any property with an existing ADU does not qualify for an ECHO.
[2]
ECHO housing is meant to share utility hookups with the principal residence. No new permanent, lasting utility installations may be added for an ECHO. If a second septic/well already exists on-site, it may be used for an ECHO, but a new septic/well may not be added for the sole purpose of adding a temporary ECHO unit.
[3]
Other appropriate or more stringent conditions may be added where deemed necessary by the Director of Planning Services to protect public health, safety and welfare, and the single-family character of the neighborhood.
(3)
Applications for ECHO units shall also include:
(a)
Names of all owners of record and proposed occupants of the ECHO unit. If the owner of record is to inhabit the ECHO unit, then names of qualified relative and any additional ECHO occupant, if applicable.
(b)
Addresses and contact information of same.
(c)
Proof of age must be in the form of a birth certificate or state-issued I.D.
(d)
Relationship of occupant(s) to owner(s) and agreement that occupant(s) will meet the eligibility standards.
(e)
Square footage of ECHO unit and principal residence.
(f)
Where private water and/or sewage systems will be used, the applicant must provide approval from the Delaware Department of Natural Resources and Environmental Control to add capacity on existing septic and/or well or provide LONO from Public Works if on County sewer. If a second septic/well already exists on-site, it may be used for ECHO, but a new septic/well may not be added for the sole purpose of adding a temporary ECHO unit.
(g)
Proof of ownership of the ECHO unit must be provided. This satisfactory proof includes a copy of a document confirming ownership of the ECHO unit, such as a bill of sale or title, that shall include at a minimum the serial number or VIN.
(h)
Agreement to special conditions. A property owner must agree to the following conditions as part of the application process and prior to any building permit being issued. These conditions shall include:
[1]
Verification that the installation, use and occupancy of the ECHO unit meets the conditions set by the Director of Planning Services.
[2]
Recognition that if a building permit expires, is revoked or invalidated, application for renewal or for a new permit must be made.
[3]
Acknowledgment that when the elderly residents of the ECHO unit cease living, the ECHO unit must be removed within 180 days.
[4]
Acknowledgment that the ECHO unit must be removed prior to the sale of the property, unless a new ECHO application is approved to allow the use of the ECHO unit by the prospective buyer.
[5]
Acknowledgment that if the unit is not removed within 180 days, the County may remove the unit and salvage the structure to defray any costs incurred.
[6]
The Director of Planning Services may require additional conditions if deemed to be necessary.
C.
Group home (other than for the care of the disabled or elderly).
(1)
The lot on which the group home is proposed shall not be located within 500 feet of a lot on which another group home is located.
(2)
All required state licenses and permits for such a facility shall be obtained prior to the issuance of a certificate of occupancy for said use and shall be maintained as current throughout the period of such usage as a group home.
(3)
Off-street parking shall be provided at a rate of one parking space per two sleeping rooms within the dwelling.
(4)
Floor plans and a plot plan shall be submitted with the application.
(5)
No alteration, addition, or other structural change to the interior or the exterior of any single-family building in which a group home is proposed to be located shall be permitted if such alteration, addition, or other structural change would alter the essential single-family character of the building.
D.
Home-based contractor establishment.
(1)
The subject property shall be the primary residence of the owner of the home-based contractor business and shall remain the primary residence of the owner of the business for the entire length of time that the business exists on the subject property.
(2)
Approval of a home-based contractor establishment shall be location-specific and shall not be transferable to another location.
(3)
Approval of a home-based contractor establishment shall be applicant-owner-specific and shall not be transferred or conveyed to another person without reapproval.
(4)
Except for vehicles already permitted by the parking regulations of Chapter 205, Zoning, all other vehicles and construction equipment shall be stored within a building.
(5)
Retail sale of goods and products shall be prohibited on the premises.
(6)
Outdoor storage of all equipment, materials, and commercial vehicles, as defined by this chapter, is prohibited.
(7)
The hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. unless further restricted by the reviewing body.
(8)
Accessory buildings planned to house a home-based contractor establishment use under this provision shall not be subject to the floor area limitations for residential accessory structures, provided that the applicant demonstrates to the satisfaction of the Levy Court that:
(a)
The proposed accessory structure would not be out of character with the surrounding area;
(b)
The accessory structure shall be set back from the public street right-of-way a minimum distance equivalent to the requirements for accessory structures from 205-85A.
(c)
The proposed accessory structure shall be set back 15 feet from all side and rear lot lines unless a larger setback distance is specified by the Levy Court through the conditional use process.
(d)
The aggregate floor area within accessory buildings on the premises is no greater than 5% (lot area x 0.05 = maximum aggregate accessory building floor area) of the lot area, and in no case more than 10,000 square feet.
(9)
An attached garage may be used for the home-based contractor's establishment; however, the garage size shall be limited to 40% of the total square footage of the dwelling unit. The size shall be based on the definition of floor area in this chapter.
(10)
The signage permitted for this use shall be no larger than six square feet.
E.
Home occupation (including family child-care homes).
(1)
The owner/operator shall secure a zoning certificate of use for a home occupation from the Department of Planning Services, Division of Planning. The dwelling shall be the bona fide residence of the operator of the occupation.
(2)
The use shall not change the character of the dwelling unit or residential premises nor have any exterior evidence other than an identification sign no larger than six square feet.
(3)
In the RS1, RS5 and RMH Districts, floor area developed to such use shall not exceed 25% of the dwelling unit (except licensed family day-care homes); if the occupation is in a detached accessory structure, floor area shall be limited to 100% of the existing structure or 500 square feet, whichever is less. An accessory structure attached to the principal dwelling will be considered part of the dwelling for floor area calculations.
(4)
In the AC and AR Districts, floor area devoted to such use shall not exceed 25% of the dwelling unit (except licensed family day-care homes); if the occupation is in a detached accessory structure, floor area shall be limited to 2,500 square feet, with up to an additional 1,000 square feet used for storage only. An accessory structure attached to the principal dwelling will be considered part of the dwelling floor area calculations.
(5)
If the home occupation is conducted in an accessory structure, the structure shall be located a minimum of 15 feet from the side and rear property lines.
(6)
There shall be no person engaged or employed other than members of the household residing on the premises.
(7)
Only equipment and facilities that are similar in nature, type, and power to what would generally be used for domestic or household purposes shall be permitted.
(8)
The use of property shall not change the general character of the neighborhood.
(9)
The occupation shall create no noise, traffic, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any extent greater or more frequent than that usually experienced for an average residential use in the district wherein located.
(10)
The need for parking generated by such use shall be provided off-street. There shall be two spaces required for the home occupation in addition to the spaces required for the residential use.
(11)
Outdoor or open-air storage, and storage or keeping of service vehicles on the premises shall be prohibited, except for what is permitted within the zoning district in which the use is located. Any enclosed storage shall be considered included as part of the total permitted square footage.
(12)
Retail sales.
(a)
No stock-in-trade (the goods kept on hand by a business for the purposes of its trade) shall be produced on the premises, except for the following:
(b)
No stock-in-trade shall be sold on the premises, except for the following:
(c)
Deliveries and pickups of supplies or products are permitted only between 8:00 a.m. and 8:00 p.m.
(d)
Vehicles used for delivery and pickup are limited to those normally servicing residential neighborhoods.
(e)
Customers may visit the site only during the hours of 8:00 a.m. to 8:00 p.m.
(f)
No more than six customers or clients may visit the site on any single day.
(13)
Personal service activities, such as beauty shops, barbershops and hairdressing establishments, shall serve one client at a time, be limited to one chair and have only one operator who is a member of the household residing on the premises.
(14)
Wholesale auto sale offices shall maintain compliance with all applicable State of Delaware, Division of Motor Vehicles requirements. No storage of vehicles bought or sold as part of this use may be parked on the site.
F.
Home office.
(1)
The owner/operator shall secure a zoning certificate of use for a home office from the Department of Planning Services, Division of Planning.
(2)
The dwelling shall be the bona fide residence of the practitioner of the business.
(3)
The use shall not change the character of the dwelling unit or residential premises nor have any exterior evidence. No signage is permitted as part of this use.
(4)
There shall be no increase in the amount of traffic coming to the site. The number of deliveries for the office shall be customary and typical of what would generally be experienced for a residential use.
(5)
The office shall have no employees, and no customers or clients can visit the subject site.
(6)
No outdoor storage or display can occur as part of this use.
(7)
The use must be operated entirely indoors.
(8)
There shall be no increase in the use of any one or more utilities (water, sewer, electricity, telephone, refuse, etc.) to the extent that the combined total use for the office and dwelling exceeds that for an average residential use in the area.
(9)
The home office use shall create no noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any extent greater or more frequent than that usually experienced for an average residential use in the district where located.
G.
Professional office.
(1)
The owner/operator shall secure a zoning certificate of use for a professional office from the Department of Planning Services, Division of Planning.
(2)
Such use shall be conducted entirely within a dwelling which is the bona fide residence of the principal practitioner, or in a detached accessory structure.
(3)
No detached accessory structure shall be used for a professional office unless it meets a fifteen-foot setback from the side and rear property lines and complies with the front setback of the zoning district.
(4)
Not more than 15% of the total floor area of the dwelling shall be devoted to office use; such use shall not alter the residential character or appearance of the dwelling or premises. If an accessory structure is used for a professional office, the square footage devoted to office use shall not exceed 15% of the floor area of the principal dwelling.
(5)
There shall be no increase in the use of any one or more utilities (water, sewer, electricity, telephone, refuse, etc.) to the extent that the combined total use for the office and dwelling exceeds that for an average residential use in the area.
(6)
The professional office use shall create no noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any extent greater or more frequent than that usually experienced for an average residential use in the district where located.
(7)
Medical facilities shall have no more than two nonprofessional nonresidents employed to assist the principal practitioner. Nonmedical facilities shall have no more than one nonresident employed.
(8)
There shall be no display of as-bought goods or advertising of services on/from the premises, and the only exterior evidence of the use shall be an exterior sign as provided in Article XVIII.
(9)
The need for parking generated by such use shall be provided at one space per 200 square feet of use, located off-street, and in addition to the spaces required for the residential use.
(10)
The sale of goods not produced on the premises shall be prohibited.
H.
(PUD) Planned unit development.
(1)
The minimum development is proposed for a tract of at least 20 acres.
(2)
The maximum density of the zoning district in which the proposed PUD is located may be increased by up to 1.0 additional unit per acre if the following conditions are met:
(a)
Alleys are provided for all interior residential units except apartments.
(b)
Considerable consideration shall be given to public space. A space designed as a local point for the community must be included. To promote walkability there shall be public open space provided around the community wherein there shall be no residential use that is further than 1/4 mile from an area. Active open space shall be provided to be consistent with § 187-66.
(c)
Architectural or urban design elements which link adjacent structures together, such as plazas, walkways, colonnades, or similar features shall be incorporated.
(d)
Sidewalks must be provided on both sides of all streets. Connections must continue to any nonresidential use that is designed as part of the project. In all cases, sidewalks or other improved pedestrian pathways shall be installed to provide linkages to surrounding properties (whether improved or vacant).
(e)
Trees shall be planted in nonwoodland areas at a rate of one tree per 3,000 square feet of land area developed. For purposes of this subsection, the "land area developed" shall mean that nonwoodland portion of the site which is situated within the limits of disturbance as defined on the development plan. Design should be simple and easy to maintain and shall consist of a combination of hardy canopy trees, low evergreen shrubs and turf grass. Ornamental and evergreen tree plantings may be incorporated in the design but shall not be the predominant plant types on the site.
(f)
To promote a distinctive character of this community a build-to line shall be required instead of a building setback line. Commercial buildings shall be built no further than 10 feet off the required sidewalk along an interior road and 25 feet along a County road. Residential buildings shall be built no further than 20 feet off the sidewalk.
(g)
Architectural design standards:
[1]
Developments should be designed with architectural diversity and character in mind to provide a high level of design quality in the built environment.
[2]
Large expanses of blank walls are to be avoided. The public facade shall incorporate windows and primary doorway entrances along the street frontage, as well as projecting elements such as eaves, cornices, canopies, projecting bays, shadow lines and overhangs.
[3]
Proposed buildings on corner properties should reflect a public facade on both street frontages.
[4]
The general roof shape, ridge and eave heights, and material characteristics proposed shall be visually compatible with these same attributes expressed in existing buildings along the subject street. In addition, the buildings' proportion, mass, and scale shall be considered in the project's concept.
[5]
The building design should include variation in exterior architectural materials, vertical and horizontal relief in buildings, variation in house styles, and inclusion of front porches, projecting bays, vestibules.
[6]
Single-family attached dwelling units containing more than two units in a row shall have facades which alternate siding styles and patterns to provide visual distinction to each unit and be offset by at least three feet per unit in order to provide architectural relief.
[7]
No more than six attached dwelling units in a row are permitted.
[8]
Multifamily structures shall have a consistent proportion of window and door openings, provide at least two vertical offsets for each of the long sides of each building equivalent to at least one-third of the long side building facade, incorporate horizontal elements such as masonry hand courses, lintels, balcony projections, projecting eaves and cornices, and have an exterior that includes at least 30% masonry brick.
[9]
Nonresidential buildings shall meet the follow rules:
[a]
Blank walls without functioning windows are prohibited. A "functioning window" shall be defined as a window which lets light into the interior of the structure and is integrated and related to the interior layout of the space. Providing one or several small windows on a large elevation shall not constitute compliance with this section.
[b]
The buildings shall have a primary entrance feature, such as a porch, portico, awning, or entrance walk.
[c]
Landscaping integrated into the building design concept.
[d]
Architectural relief, such as vertical and horizontal offsets in exterior wall elevations, band courses, lintels and sill courses, cornices, and the like to create shadow lines.
[10]
Public utilities, including a public water supply and sewage disposal systems, must be utilized.
[11]
In the AC, AR, RS1 and RMH Zoning Districts, at least 40% of the proposed housing units shall be single-family detached units. In all districts at least two distinct housing types shall be provided. If single-family detached units are proposed, at least two additional types shall be required.
[12]
Cluster subdivisions may also be created as part of a planned unit development, subject to all the requirements of Article XIX.
[13]
The submitted conceptual plan shall include the number and type of proposed housing units, the proposed site design, the proposed density, proposed types of utilities, general locations of specified housing space, community and commercial buildings, as well as a designer's conceptual architectural drawing of the project.
[14]
Five percent of the gross land area of the site may be devoted to commercial uses as long as the following conditions are met:
[a]
Convenient bicycle racks shall be provided at all commercial areas.
[15]
There may be one wall mount sign for each professional using the building, each sign not to exceed 10% of the building's facade. Only one detached sign may be allowed for the entire project and shall be no larger than 48 square feet and taller than eight feet from grade.
[16]
Off-street parking is provided in accordance with requirements for each proposed use in Article XVII, Parking.
[17]
Parking shall not be located in front of any commercial building unless it is located on a corner, then one side of the building can have parking located in the front.
[18]
Buffering must be provided between the nonresidential uses and residential uses, both on the subject site and on adjacent properties.
[19]
A minimum of 5% of the interior area of a parking lot shall be reserved for landscape purposes. This provision shall include the landscaping of all required parking islands and medians. Shade trees shall be incorporated within the landscaped islands whenever and wherever practicable.
[20]
Following conditional approval of a PUD, the plan must be submitted and reviewed following procedures and regulations as specified in the Kent County Subdivision Ordinance.[1] Construction may begin only after the final subdivision plan is approved and recorded in the Kent County Recorder of Deeds office.
[21]
The reviewing body may impose any other appropriate or more stringent conditions as it deems necessary to protect the health, safety and welfare of the neighborhood.
I.
Short-term rentals.
(1)
The structure rented must be a legal residential unit in the zoning district either as the principal dwelling, a room or area within said dwelling, or an approved accessory dwelling unit. In no case shall an ECHO unit, tent, RV, or travel trailer be used as a short-term rental.
(2)
(Reserved)
(3)
Trash service requested from the property cannot be increased as part of this use.
(4)
No more than one listing can occur per property and must be habitable space as defined by this chapter.
(5)
The parking requirements in § 205-226 for the residential dwelling must still be met with one additional parking space required for the short-term rental. These parking spaces must be provided off-street.
J.
Temporary emergency residence.
(1)
When a legal conforming or legal nonconforming dwelling has been damaged or destroyed by fire, wind, flood, or other catastrophe to the extent that it is no longer habitable, the occupant of said dwelling may apply to the Division of Inspections and Enforcement for permission to place a temporary shelter for residential occupancy on the same lot occupied by the damaged or destroyed dwelling. A temporary accessory storage building may also be placed on the property.
(2)
Location.
(a)
The temporary shelter shall be located on the same lot as a residence made uninhabitable by fire, flood or other natural disaster and occupied by the persons displaced by such disaster; or
(b)
Must be located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or
(c)
Must be located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.
(3)
Application shall be made in writing on forms provided by the division head of Inspections and Enforcement and, among other things, shall include the nature and extent of the damages sustained, the type and size of temporary shelter and its location on the property, the location, size and area of the property and the source and nature of support utilities.
(4)
Upon receipt of a complete written application, the Division of Inspections and Enforcement shall:
(a)
Inspect the site within 24 hours.
(b)
Determine whether provision can be made for domestic water supply and wastewater discharge in accordance with existing County and state regulations.
(c)
Determine whether the property is large enough to accommodate the proposed temporary shelter.
(d)
Within 72 hours of receipt of a complete written application, the division head of Inspections and Enforcement shall decide whether or not to approve the application. The division head of Inspections and Enforcement shall have the authority to establish reasonable conditions to assure the health, safety, and welfare of the applicant as well as adjacent property owners. These conditions shall be stated in writing to the applicant. Failure by the applicant to comply with these conditions shall void approval of the application.
§ 205-69 Institutional uses.
B.
Institutional, neighborhood and regional, to include assembly and worship.
(1)
All applicable state and local licenses and permits for such use have been attained.
(2)
The principal access shall be by means of a numbered state or County road.
(3)
For day-care centers the following rules apply:
(a)
Outdoor play area per child shall be provided in accordance with the current regulations provided by the State Department of Child Care Licensing, and the outdoor area shall be fenced or otherwise enclosed on all sides at a minimum of four feet high and shall be completely separate from the parking area and also be suitable for children's active play use.
(b)
At least one parking space per adult attendant and one space per 10 children shall be provided near the facility's entrance, and a circular or "tee" drive shall be provided to permit safe ingress and egress from the site.
(4)
For funeral establishments the following rules apply:
(a)
Accessory private garage space shall be provided on the lot to accommodate all vehicles used in the business and housed on the site.
(b)
A loading berth shall be provided for each 5,000 square feet of gross floor area or fraction thereof.
(c)
A landscaped screen a minimum of 10 feet in width shall be provided along rear and side lot lines contiguous to residentially zoned lots.
(5)
For cemeteries the following rules apply:
E.
Protective care.
(1)
Adult or juvenile prisons, correctional institutions, reformatories and detention facilities are not permitted unless operated and administered by the County, a department or agency of the state or federal government or a private agency approved by and under contract with the State of Delaware or the appropriate agency or subdivision thereof.
(2)
All protective care facilities shall have an emergency plan filed with the police, emergency services, and disaster and emergency agencies indicating that these facilities have plans to protect the adjoining communities.
(3)
The facilities shall maintain a 500-foot setback from residential properties.
F.
Schools.
(1)
The principal access shall be by means of a numbered state road.
(2)
They are located so that they are not likely to become objectionable to adjoining and nearby property because of noise, traffic, number of students or otherwise objectionable conditions.
(3)
The use is reasonably necessary or convenient to the neighborhood which it is proposed to serve.
(4)
The on-site septic system shall be sized for maximum occupancy.
G.
Emergency shelter facility.
(1)
The lot on which an emergency shelter facility is located shall not be within 500 feet of a lot on which another emergency shelter facility or group home is located.
(2)
All state licenses and permits for such a facility have been obtained.
(3)
The septic system shall be sized to accommodate maximum occupancy.
(4)
No alteration, addition or other structural change to the exterior of any single-family building in which a temporary shelter facility is, or is proposed to be, located shall be permitted if such alterations, addition or other structural change would alter the essential single-family character of the building.
§ 205-70 Recreation and open space.
A.
Campgrounds.
(1)
The lot for such a use shall be at least five acres in area.
(2)
The proposed water supply system and wastewater disposal system shall have been approved by the State Department of Natural Resources and Environmental Control.
(3)
All campsites, mobile homes and recreational vehicle sites shall be located at least 50 feet from all adjoining property lines.
(4)
Off-street parking is provided for any ancillary commercial or food/beverage service use in accordance with requirements for such uses in Article XVII, Parking.
B.
Commercial recreation (high-intensity recreation).
(1)
Adequate screening is provided to shield adjacent properties from the glare of headlights.
(2)
It shall have frontage on a numbered state road.
(3)
Any outdoor firearms range is located at least 500 feet from any adjoining property line.
(4)
All improvements for the use are set back at least a distance equal to the principal structure setbacks for the district from all adjoining property lines.
C.
Racetrack (including motorsports).
(1)
It shall have frontage on a principal arterial.
(2)
No stables shall be located within 100 feet of any adjoining property line.
(3)
All licenses for operation of a racetrack have been obtained from the State Racing Commission.
(4)
All racing facilities, including track and grandstands, shall be set back a minimum of 100 feet from all property lines.
(5)
All lighting shall be downward directed so as not to negatively impact adjacent properties.
(6)
For motorsport uses, the following additional conditions shall also be satisfied:
(a)
Screening shall be provided along all property lines adjacent to the use. At minimum, such screening shall consist of a fifty-foot-wide planted buffer and berm of sufficient opacity and height to achieve a substantial visual barrier as well as mitigate noise and dust.
(b)
Days and hours of operation shall be determined through the conditional use process.
(c)
The vehicles used in competition shall all contain noise dampening devices (mufflers). Activities of this use shall follow Chapter 161, Noise, of the Kent County Code.
(d)
Adequate dust suppression measures shall be required to prevent the encroachment of dust onto adjoining properties. For facilities utilizing a dirt racing surface, suppression should include but is not limited to surface preparation using low dust-producing materials and the timely application of water to the racing surface.
§ 205-71 Commercial uses.
A.
Adult entertainment establishments.
(1)
No such adult entertainment establishment shall be allowed within 1,500 feet of another existing adult entertainment establishment.
(2)
No such adult entertainment establishment shall be located within 2,800 feet of an existing school or place of worship.
(3)
No such adult entertainment establishment shall be located within 500 feet of the following zoning districts: AC, AR, RS1, RS5, RMH and RM.
B.
Auction facilities.
(1)
In the event that the facilities are not enclosed within a building, the hours of operation shall be restricted to daylight hours (dawn to dusk).
C.
Banquet or gathering facility.
(1)
Any building, structure, or established area must be at least 75 feet from any adjoining lot line.
(2)
The minimum lot size for this use is five acres in the AC or AR District.
(3)
Parking must be provided off-street at the rate required for a public assembly meeting establishment and must be screened from adjoining land uses by hedges and canopy trees.
(4)
The building or structure used for public assembly must be built to commercial standards of the most recently adopted International Building Code.
D.
Bed-and-breakfast/commercial hunting lodge.
(1)
Parking must be provided off-street and screened from adjoining land uses by hedges and canopy trees.
E.
Contractors establishments, utilities (maintenance facilities), and outdoor storage.
(1)
All structures shall be set back at least 50 feet from any residentially zoned lot lines.
(2)
All fabricating and/or manufacturing shall take place within a building.
(3)
All outdoor storage visible from access streets and adjacent properties shall be screened from view or organized in an orderly manner on permanent racks, pads or other fixtures, and any equipment used to handle materials shall be stored within a building constructed for that purpose.
(4)
No storage of equipment or materials shall be stored within the front yard setback, in a parking or loading area or within 10 feet of a lot line.
(5)
Safety fences greater than four feet in height, but no more than seven feet in height, shall be permitted in a required front or side setback, provided that the safety fence will be constructed of materials or in a manner which will not obstruct vision either from the primary structure or from any roadway, entrance or driveway.
F.
Drive-through facility.
(1)
The drive-through lane shall be setback 40 feet from any residential lot line.
(2)
The entrance to the stacking lane shall not be oriented onto a public street and shall be integrated into the on-site circulation pattern.
(3)
Administrative site plan review will be required if the proposed use does not meet the requirements for formal site plan review.
(4)
The drive-through lane queue length must meet the following minimum standards. Unless otherwise noted, the distance can be met in one lane or divided based on the number of total lanes provided. Measurement shall begin at the center of the last window or machine used for the service.
G.
Gas stations.
(1)
The lot shall be located on a state road.
(2)
Gas pumps shall be located 50 from all front property lines and behind all other building setback lines. All state and/or local licenses or permits for such use have been obtained, and the pumps are installed to meet the requirements of the Fire Prevention Code of the National Board of Fire Underwriters.
(3)
Washing facilities shall be entirely enclosed within buildings, and water disposal shall be in accordance with Delaware Department of Natural Resources and Environmental Control Regulation.
(4)
A solid fence, wall or landscape screen, a minimum of six feet in height, shall be erected along all property lines separating the site from any lot zoned for residential use.
H.
Mini storage/warehousing.
(1)
Mini-warehouse developments shall be limited to dead storage use only, and no activity other than storage shall be permitted within a storage unit.
(2)
Except for recreational vehicle and boat storage, all storage on the property shall be within a completely enclosed building.
(3)
No activities, such as miscellaneous or garage sales, shall be conducted on the premises by any individual or group which leases storage space at the facility.
(4)
The servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment shall not be conducted on the premises.
(5)
A mini warehouse shall not be operated as part of a transfer and storage business where use of vehicles by the operator is part of such business.
(6)
The operator shall always keep the premises free of trash and debris.
(7)
Security fencing and screening or security walls shall be required around the perimeter of the project, said fence or wall to be not less than seven feet in height and constructed of finished masonry or durable metal protected from corrosion.
(8)
All driveways, parking, loading and vehicle circulation areas shall be hard, compacted, dust-free surfaces or paved with concrete, asphalt, or asphaltic concrete.
(9)
All operation and use of the facility shall be in accordance with all applicable codes and regulations.
(10)
The operator and/or owner shall be responsible for controlling access to the site and to individual storage units.
I.
Heavy commercial.
(1)
There is no storage of dismantled automobiles and/or mobile homes (auto graveyard).
(2)
Outdoor storage of spoiled product is prohibited.
(3)
All manufacturing and repair are conducted within a completely enclosed building.
(4)
All display and storage of products are set back behind the front building setback line for the district.
(5)
All building or other structures are set back from any residentially zoned property line at least 50 feet.
(6)
All outdoor storage visible from access streets and adjacent properties shall be screened from view or organized in an orderly manner on permanent racks, pads or other fixtures, and any equipment used to handle materials shall be stored within a building constructed for that purpose.
(7)
Buildings shall be noise insulated/attenuated per the Occupational Safety and Health Act.
J.
Motor vehicle sales, service, storage, rental, and repair.
(1)
The lot shall be located on a state road.
(2)
The operation shall be conducted at least 20 feet from any adjacent property line.
(3)
The minimum distance of any building from a residential district or residential property line shall be 50 feet.
(4)
Hydraulic hoists, pits and all lubricating, greasing, washing and repair facilities shall be entirely enclosed within buildings, in accordance with Delaware Department of Natural Resources and Environmental Control Regulation.
(5)
A solid fence, wall or landscape screen, a minimum of six feet in height, shall be erected along all property lines separating the site from any lot zoned for residential use.
(6)
Buildings used for service shall be noise insulated/attenuated per the Occupational Safety and Health Act of 1970.
(7)
Vehicles shall be stored in a neat and orderly fashion with adequate separation distance and drive aisles. The vehicles may only be stored in double rows and may not be blocked by other stored vehicles or structures. After each head-to-head row a drive aisle sized per Article XVII, Parking, must be provided.
(8)
No salvage of used parts shall be conducted on-site.
(9)
No junk shall be stored on-site.
(10)
No sales or rental shall be permitted in the IL or IG District.
K.
Mixed use.
(1)
These uses must be in the Growth Zone Overlay District and on central water and central sewer.
(2)
The residential housing types permitted shall be apartments or multiplexes that have a commercial component integrated into the structure. No stand-alone residential units shall be allowed.
(3)
Bicycle parking must be provided on the site. At least one standard rack must be incorporated into the design. Indoor storage may be used within the apartment area, but an outdoor parking rack must still be provided for the commercial uses.
(4)
To promote a distinctive character of this community, a build-to line shall be required instead of a building setback line. Buildings shall not be placed behind the build-to line.
(5)
Parking shall not be in front of any commercial building unless it is located on a corner, then one side of the building can have parking located in the front that meets the required parking setback.
(6)
There shall be substantial consideration given to public space within the development. A space designed as a focal point for the community must be included. This may include things like a fountain, public art, unique landscaping, bandstand, or similar feature that encourage citizens to gather. Seating in the form of benches or tables must be provided around this space. Refuse containers shall also be provided. Full cut-off lighting shall also be provided throughout this space.
(7)
To promote walkability there shall be public open space provided around the community wherein there shall be no residential use that is further than 1/4 mile from an area.
(8)
To promote alternative modes of transportation, sidewalks must be provided on both sides of all streets, along the County road frontage of the parcel, and along the frontages of all nonresidential buildings. In all cases, sidewalks or other improved pedestrian pathways shall be installed to provide linkages to surrounding properties (whether improved or vacant).
(9)
There may be one wall mount sign for each business using the building, each sign not to exceed 10% of the building's facade. Only one detached sign advertising the project may be built. If an alternate signage concept is proposed for the project, the mixed-use application may also include a comprehensive signage plan for review as part of this application. That plan shall follow the provisions of § 205-231.1.
(10)
Permitted nonresidential uses shall be limited to those that support the local community, such as retail, professional offices, restaurants, local services, and studios. Live-work opportunities are highly encouraged.
(11)
Architectural design of buildings.
(a)
The principal building facade of proposed buildings should be oriented toward the primary street frontage and in the same direction as most existing buildings on the frontage street. Proposed buildings on corner properties should reflect a public facade on both street frontages.
(b)
In designing new buildings, consideration should be given to the dominant architectural features of existing buildings in the immediate vicinity, as applicable. Existing architecture should be utilized as a frame of reference for proposed architecture but should not be the sole design template in every instance.
(c)
Large expanses of blank walls are to be avoided. The public facade shall incorporate windows and primary doorway entrances along the street frontage, as well as projecting elements such as eaves, cornices, canopies, projecting bays, shadow lines and overhangs.
(d)
The design shall incorporate durable exterior surface materials complementary with the color, texture, size, and scale of exterior materials reflected on existing buildings in the immediate vicinity.
(e)
The general roof shape, ridge and eave heights, and material characteristics proposed shall be visually compatible with these same attributes expressed in existing buildings along the subject street or in the immediate vicinity.
(f)
The side of any building which fronts on a major or minor collector or arterial roadway shall be referred to as a "corridor elevation." The corridor elevation shall contain architectural elements traditionally associated with the front of a building. Blank walls without functioning windows are prohibited along the corridor. Windows must be incorporated into the overall design concept of the corridor elevation. Providing one or several small windows on a large corridor elevation shall not constitute compliance with this section.
(g)
A "functioning window" shall be defined as a window which lets light into the interior of the structure and is integrated and related to the interior layout of the space.
(h)
In addition to functioning windows, the corridor elevation shall have two or more of the following elements:
[1]
A primary entrance door or doors (except for loading doors).
[2]
A primary entrance feature, such as a porch, portico, awning, entrance walk, or another similar feature.
[3]
Landscaping integrated into the building design concept.
[4]
Architectural or urban design elements which link adjacent structures together, such as plazas, walkways, colonnades, or similar features.
[5]
Architectural relief, such as vertical and horizontal off-sets in exterior wall elevations, band courses, lintels and sill courses, cornices and the like to create shadow lines.
[6]
Screening. The following items shall be located so as to minimize visibility from the roadway, adjacent properties and other public areas and shall be screened from public view:
(12)
The following are the bulk and area requirements for such projects:
Requirement | RM Zoning Districts | BN and OC Zoning Districts | BG Zoning District |
|---|---|---|---|
Minimum lot area (acres) | 2 | 4 | 2 |
Front build-to line (feet) | 30 | 40 | 30 |
Side setback (feet) | 30 | 20 | 30 |
Rear setback (feet) | 20 | 20 | 20 |
Maximum impervious cover | 80% | 75% | 80% |
Maximum height (floors) | 3 | 3 | 4 |
Minimum road frontage feet) | 150 | 200 | 150 |
Active recreation area (square feet per dwelling unit) | 500 | 400 | 300 |
Passive open space | Up to 25% of total dwelling unit floor area may be required | Up to 20% of total dwelling unit floor area may be required | Up to 15% of total dwelling unit floor area may be required |
(13)
Parking shall be provided in accordance with Article XVII, Parking.
L.
Regional shopping center.
(1)
An architectural review of the proposed buildings and signage shall be required. Architectural renderings of proposed buildings and signage shall be submitted with the preliminary site plan.
(2)
If multiple lots are proposed as part of the development plan, a separate subdivision application is not required. The site plan may be recorded with all required parcel data to create the parcels. Adequate road frontage for the district must be maintained for each parcel either by public or private streets.
§ 205-72 Industrial uses.
A.
Extractive uses.
(1)
Purpose. The purpose of this subsection is to regulate sand and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials (hereinafter referred to as "borrow"). "Extractive use" is defined as the surface and subsurface mining/excavation of borrow materials. This Kent County ordinance does not supersede or replace any State of Delaware and/or federal regulations that may be applicable to any of the three levels of extraction regulated by this section.
(2)
Exemptions. The following activities are exempt from the provisions of this section.
(a)
Excavations whose sole purpose is to determine the nature or extent of mineral resources. It is accomplished by hand sampling, test boring, or other methods which create minimal disturbance. Test holes shall be filled in immediately after use.
(b)
The removal of sand, gravel or loam from a site is an exempt activity if it is undertaken as part of an approved on-site construction project and is within the footprint of the constructed item (road, building or structure); or the sand, gravel or loam is being moved to a contiguous site having the same ownership or is being used by the owner for their use.
(c)
Excavation or grading which is undertaken as part of any approved construction project such as a subdivision, permitted structure or road.
(3)
Agricultural extractions (level one extractive use)/cranberry bog or aquatic farming. These extractions are for agricultural purposes only. The owner or operator (with written permission from the owner) of a farm at least 10 acres in size may utilize an extractive use to create alternative uses for his/her farm. Some of these uses can include but are not limited to cranberry bogs, aquatic farming or any other uses defined as "agricultural" in Delaware. The extractive material may be removed from property for sale. No more than 10% (at one time or cumulatively) of the total farm acreage may be utilized for agricultural extractions. Should more than 10% of total farm acreage be extracted, level two extractive use measures shall be applied. All of the following requirements must be met prior to commencement of any agricultural extractive operation:
(a)
The filing of an application for conditional use that contains the following items:
(4)
Extractive commercial uses (level two extractive use). These extractions are for commercial uses regarding the excavation of sand, clay, gravel, stone, and/or other earth material where no material is processed or mixed. In addition, should any farmer utilizing the agricultural extractions exceed 10% of his/her total farm, they must adhere to the requirements of extractive commercial uses. There is no size limitation on the property utilizing level two extractive use. There is no requirement to keep excavated material on the property for extractive commercial uses. All of the preceding requirements of Subsection A(3) must be complied with, as well as the following:
(a)
The following requirements shall be applicable to extractive operations that meet the definition for "extractive commercial uses":
[1]
A performance bond shall be posted in favor of Kent County in the amount of $2,500 per extractive acre or part thereof for every active acre during the life of the extractive activity or until reclamation is complete. Direct illumination resulting from the operation shall not fall on any land not covered by the application.
[2]
The "permanent roads," defined as those to be used more than one year, within the extractive site shall be surfaced with a dust-free material, such as soil cement, bituminous concrete or portland cement concrete.
[3]
Roads other than permanent roads shall be treated with dust inhibitors which will reduce to a minimum dust generation from the road surfaces because of wind or vehicle action.
[4]
Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, public building and/or public land, security and safety measures shall be installed.
[5]
Noncommercial by-products shall not be created to a height more than 30 feet above the original contour and shall be graded so that the vertical slope shall not exceed the material's natural angle of repose.
[6]
Use of borrow pits for fill disposal shall constitute an incompatible use and shall be regulated as sanitary landfills.
[7]
A list of credit references and the identification of any previous extractive operations in Delaware or any other state shall be submitted as part of the conditional use application.
[8]
Evidence of notification by the applicant to the applicable federal and state agencies regarding the proposed extractive operation.
[9]
Describe the proposed operations and hours of operations.
[10]
All requirements and regulations of the Development Advisory Committee shall be satisfied, and recommendations submitted by any agency member of the Development Advisory Committee shall be considered.
[11]
The reviewing body may impose any other appropriate or more stringent conditions it deems necessary to protect the health safety, and welfare of the neighborhood.
[12]
All level two (extractive commercial uses) and three (extractive commercial uses with processing) operations shall maintain liability and workers' comprehensive insurance.
(b)
An operations plan, rehabilitation plan and environmental study containing information as required by the Department of Planning Services, Division of Planning, shall be submitted as part of the application for a conditional use permit.
[1]
The operations plan shall include:
[a]
An existing features and mining map at a scale of not less than one inch equals 200 feet shall be submitted showing the following:
[i]
The applicant's name, address and telephone number.
[ii]
Topographic features with two-foot contours before extraction of the site and locations of all soil borings and test excavations.
[iii]
Monumentation and benchmarks for proposed limits of mining.
[iv]
Vehicle access, existing and proposed.
[v]
Zoning district boundaries and adjacent districts.
[vi]
Setback limits.
[vii]
All existing occupied and/or unoccupied structures located within 1,000 feet of the limits of the extraction operations.
[viii]
The location and names of all streams, roads and railroads on or immediately adjacent to the area.
[ix]
Acreage to be mined.
[x]
The location and details of groundwater monitoring wells.
[xi]
The location and details of sediment control facilities, including but not limited to ponds, berms, and ditches.
[xii]
Proposed measures to protect both surface water and groundwater resources.
[xiii]
A mining schedule.
[xiv]
Methods of compliance with Delaware State air and water pollution standards.
[xv]
Method to manage hazardous materials if stored on-site (petroleum products, etc.) and disposal of mining refuse.
[xvi]
Hours of operation.
[b]
The reclamation plan shall include:
[i]
The way the topsoil and subsoil are to be restored and, if conditions do not permit the restoration of all or part of the topsoil, a full explanation of the conditions and alternative procedures proposed.
[ii]
The specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed and the proposed method of accomplishment.
[iii]
The manner and type of revegetation or other surface treatment of the affected areas.
[iv]
A reclamation schedule. This part of the plan must identify how the operation schedule will be phased in concert with the reclamation schedule. There can be no more than 30% of the total proposed borrow area in operation without the start of reclamation and/or not to exceed 25 acres in excavation operation.
[v]
Topography with two-foot contours on the site after reclamation of the site.
[vi]
The method for rehabilitation of settling ponds.
[vii]
The method of restoring or establishing stream channels and stream banks to a condition minimizing erosion, siltation and other pollution.
[viii]
Provisions for the final slopes of soil, gravel, and sand to be consistent with future land use.
[c]
The environmental study. This study will outline the proposed action by the applicant, existing natural resources (forest coverage, wildlife, streams, ponds, and wetlands) and cultural resources (historic buildings, known archaeological sites) of the proposed site. Once the study is documented, a legal notice shall be published by the applicant outlining the proposed action, location of action and where the study document can be reviewed (located at the local public library nearest the proposed site and the Department of Planning Services, Division of Planning) for public comment. The study shall be maintained at the Dover Public Library and Kent County Department of Planning Services, Division of Planning, for no less than 30 days from the legal notification date. Any public comment shall be noted by the applicant and submitted with his/her application for conditional use. The outline of the environmental study shall include the following:
[i]
Description of the proposed extractive operation (the who, what, when, where, and why).
[ii]
Affected environment (description of the current environmental condition of the extractive operation area).
[iii]
Impacts to the affected environment (air quality, water quality, waste disposal, noise, transportation, prehistoric and historic cultural resources, utilities, vegetation, wildlife, construction effects, hazardous materials and permits required).
[iv]
List of agencies and persons consulted.
[2]
Extractive commercial uses with processing (level three extractive use). These extractions are for commercial uses with the additional function of processing the borrow/extracted material. If the applicant wanted to create a processing site without extractive operations at a site, this same process would apply. The applicant shall comply with all of level one (agricultural extractions) and two (extractive commercial uses) set out above and the following:
[a]
Extractive commercial uses with processing shall only occur within the IG General Industrial Zoning District.
[b]
If not previously provided pursuant to Subsection A(3) or (4) above, a site plan shall be submitted that would outline where proposed equipment would be constructed, stored and/or utilized for the processing of borrow; lighting structures; entrances and exits; proposed screening material, sediment and/or water ponds; and height of processed material. In addition, hours of operations, estimated number of trucks in and out of site and number of employees shall be submitted.
B.
Potentially hazardous uses.
(1)
All operational activity is conducted within a completely enclosed building (other than landfills or septage processing as mentioned below). Incidental outdoor nonactive storage is permitted if no hazardous material is included and is screened from view of all adjacent properties.
(2)
For any waste transfer station, trash compaction, or waste management facility, vehicles stored on-site shall be emptied of all waste.
(3)
Where retail sales of products are conducted on the premises, off-street parking shall be provided in accordance with requirements for retail and service uses in Article XVII, Parking.
(4)
All buildings shall be set back at least 100 feet from any residentially zoned lot lines.
(5)
Sanitary landfills have these specific conditions:
(a)
An operations plan and a rehabilitation plan containing information as required by the Kent County Department of Planning Services, Division of Planning, shall be submitted as part of the application for a conditional use permit.
(b)
The permanent roads, defined as those to be used more than one year, within the landfill site shall be surfaced with a dust-free material, such as soil cement, bituminous concrete or portland cement concrete.
(c)
Roads, other than permanent roads, shall be treated with dust inhibitors which will reduce to a minimum the generation of dust from the road surfaces because of wind or vehicular action.
(d)
A security fence at least six feet in height shall be installed around the complete perimeter of the landfill site.
(6)
Septage processing and storage has these specific conditions:
(a)
A project development report, as required by the Delaware Department of Natural Resources and Environmental Control (DNREC) and containing any additional information as required by the Department of Planning Services, Division of Planning, shall be submitted as part of the application for a conditional use permit.
(b)
Septage processing and storage shall be for material to be applied in accordance with DNREC's requirement for agricultural utilization only. Septage shall be managed on a net annual balance. Long-term storage of septage, more than one year, shall not be allowed.
(c)
All operations of the septage processing and storage facility shall be performed in conformance with applicable permits issued by DNREC. Revocation of the DNREC permit shall result in revocation of the conditional use permit.
(d)
All septage processing and storage facilities shall be set back at least 300 feet from all adjacent property lines.
(e)
The septage processing and storage shall be in conjunction with, or accessory to, both a septage pumping/hauling business and an agricultural operation. The septage handled by the facility shall be discharged by the referenced pumping/hauling business only, and any change therein shall require reconsideration and approval by the Regional Planning Commission.
(f)
The septage processing and storage facility shall not emit odors so as to cause a condition of air pollution as defined by Delaware's Regulations Governing the Control of Air Pollution.
(g)
The land shall be returned to its original condition or natural state within 90 days if the septage processing facility ceases to operate.
(h)
All septage processing facilities shall be at least 2,500 feet from any municipal boundary.
(i)
Approvals from the Department of Natural Resources and Environmental Control shall be required. Periodic (not less than twice a year) testing of the soil and groundwater shall be required if the septage processing facility is in operation to ensure a safe and healthy environment.
C.
Recycling and storage.
(1)
Additional screening, beyond what is required in the general provisions, of outside storage may be required depending on the use being requested. This may include building a berm with landscaping and fencing of a height and size to be determined through the review process.
(2)
No permanent outdoor storage of any materials shall be allowed. Although the location of any specific product may remain the same, the product within that location must have constant turnover so that no area will have the same material permanently stored without removal.
(3)
All storage and parking must be behind the building setback lines.
D.
Sawmills and mulching operations.
(1)
Minimum property size shall be at least 10 acres.
(2)
Materials to be processed shall be limited to only tree parts (stumps, branches, etc.) and natural wood pallets.
(3)
Any storage of raw materials (tree stumps, branches, natural wood pallets, uncut logs, finished lumber, etc.) and finished product (mulch) shall be set back at least 50 feet from any adjoining property line and shall be confined to an area delineated on the plot plan/site plan for the project.
(4)
All unprocessed material shall be disposed of in an approved manner. Burning or burial of any material is prohibited.
(5)
Operation of the facility shall be limited to daylight hours.
(6)
Unpaved roads shall be treated with dust inhibitors to minimize dust generating as a result of wind or vehicular action.
(7)
Air and noise emissions shall be compliance with the Occupational Safety and Health Act of 1970, as amended, the regulations of the Delaware Department of Natural Resources and Environmental Control, and the Kent County Noise Ordinance,[1] whichever is most restrictive.
(8)
All required state and local licenses and/or permits for such use shall have been obtained prior to commencement of the operation.
E.
Utilities, minor.
(1)
Any principal part of a tower, excluding guy cables, shall be set back from the street line or any other lot line of the lot on which it is located not less than the height of such tower, and any blinking or rotating light thereon shall be placed so as not to throw its light below the horizontal plane in which it is installed.
(2)
Any storage of materials or trucks, maintenance and repair facilities and housing of repair crews shall be contained within a building.
F.
Utilities major.
(1)
Any principal part of a tower, excluding guy cables, shall be set back from the street line or any other lot line of the lot on which it is located not less than the height of such tower, and any blinking or rotating light thereon shall be placed so as not to throw its light below the horizontal plane in which it is installed.
§ 205-73 Other uses.
[Amended 12-17-2024 by Ord. No. 24-29]
A.
Accessory small-scale solar and wind energy systems.
(1)
Small-scale solar energy systems.
(a)
Roof-mounted solar systems shall comply with the building height of the zoning district where the system is installed as well as applicable provisions of the International Residential Code.
(b)
Ground-mounted solar systems shall:
[1]
Only be located within the side or rear yards unless the structure(s) is located at least 100 feet from the front property line and/or side street line.
[2]
Be located a minimum of five feet from the side and rear property lines.
[3]
Not exceed the height of 20 feet.
[4]
Have all the exterior electrical and/or plumbing lines buried below the surface and placed in a conduit.
[5]
Not be the principal use of the subject property.
(2)
Small-scale wind energy systems.
(a)
Small-scale wind energy systems shall be set back 1.0 times the turbine height from adjoining property lines. "Turbine height" means the height of the tower plus the length of one blade. The maximum height shall be that of a principal nonresidential structure in the district.
(b)
The aggregate noise or audible sound of a small wind system shall not exceed five decibels above the existing average noise level of the surrounding area and shall be restricted to a maximum of 60 decibels measured at any location along the property line to the parcel where the small wind energy system is located.
(c)
Small-scale wind energy systems shall be free from signage, advertising, flags, streamers, decorative items, or any item not related to the operation of the wind turbine.
(d)
Electric wiring for the turbines shall be placed underground for nonbuilding integrated systems.
(e)
Any small-scale wind energy system shall be visually screened to a height of six feet by either an opaque fence or a dense vegetative screen from any properties or structures included on the National Register of Historic Places.
(3)
Abandonment. Small-scale solar energy systems and/or small wind energy systems must be maintained and kept in a state suitable for immediate operation. When it can be demonstrated that a solar energy system or small wind energy system, as approved in accordance with this section, is in a state of disrepair and is not suitable for immediate operation, that system shall be removed and the accessory use terminated within 90 days after the property owner has been notified.
B.
Airports/airstrips/airfields/heliports/helipads.
(1)
All requirements of the FAA for this use must be obtained, including but not limited to compliance with airfield reference points, approach zones, and turning zones.
(2)
A notice of landing area proposal (FAA Form 7480-1) shall be filed by the applicant with the nearest Federal Aviation Administration (FAA) Airports District Office or Regional Office.
(3)
The following uses and services are permitted as accessory to airports:
(a)
Aircraft fuel and sales.
(b)
Aircraft flight instruction.
(c)
Aircraft rental and sales.
(d)
Aircraft tie-down and hangaring.
(e)
Retail sales of aircraft parts (parts manufactured elsewhere).
(f)
Aircraft repair/restoration.
(g)
Aircraft inspections necessary to return aircraft to service.
(h)
Fabrication of parts to return existing aircraft to service.
(i)
Aircraft avionics maintenance.
(4)
All construction is noise insulated/attenuated per Part 51, Title 24, of the Code of Federal Regulation.
(5)
The end of the runways shall be at least 500 feet from an adjoining property line.
(6)
Any helipad shall be at least 200 feet from any dwelling or other residential use and, except for emergency, shall be operated only during daylight hours.
C.
Billboard (off-premises advertising).
(1)
Shall be located only on a divided highway.
(2)
If an on-premises sign is located on an individual parcel in a BG - General Business District, no off-premises sign (billboard) is permitted.
(3)
All billboards must be set back 25 feet from the street right-of-way.
(4)
Billboards shall not exceed 288 square feet in area.
(5)
No more than one double-faced billboard is permitted per parcel, with no more than one advertisement per side.
(6)
Billboards shall be no more than 35 feet in height.
(7)
No billboard shall be closer than a 1,200-foot radius from another billboard, except that the Levy Court may approve a lesser distance in cases of existing nonconforming billboards seeking conditional use approval; however, for static message billboards a minimum 500-foot separation distance shall be maintained on controlled access highways and a minimum 300-foot separation distance shall be maintained on noncontrolled access roads, and for electronic variable message billboards, a separation distance of 2,500 feet shall be maintained from another electronic variable message billboard, and a separation distance of 500 feet shall be maintained from a static message billboard.
D.
Business/industrial parks.
(1)
If multiple lots are proposed as part of the development plan, a separate subdivision application is not required. The site plan may be recorded with all required parcel data to create the parcels.
(2)
Adequate road frontage for the district must be maintained for each parcel either by public or private streets.
(3)
Access must be located on a lot having direct legal vehicular access onto a numbered state or county road.
(5)
Associated retail uses in conjunction with and accessory to a permitted use shall not occupy more than 30% of the gross floor area of the building or group of buildings on a lot. Parking shall be provided at a rate of one parking space per 300 square feet of retail space in addition to the parking requirements for a particular use.
E.
Community energy-generating facility.
(1)
The footprint of the solar array, as defined as the by the outer limit of the panels and exclusive of buffers, shall be no larger than 50 acres in size.
(2)
No more than one community solar energy facility shall be permitted on a parcel. All separate parcels in existence on September 27, 2022, shall be considered original parcels. Future subdivision of an original parcel shall not enable the development of additional community solar energy facilities.
(3)
No more than 1,600 aggregate acres shall be dedicated to community solar energy-generating facilities in the AC (Agricultural Conservation) and AR (Agricultural Residential) Districts combined. This provision shall apply to all community solar energy-generating facilities submitted for review after the effective date of this subsection.
(4)
Facility location and siting shall be in accordance with the requirements of Title 26, Public Utilities, of the Delaware Administrative Code, 3001 (Rules for Certification and Regulation of Electric Suppliers), as amended.
(5)
Setbacks for the facility shall be:
Setback | AC (feet) | AR, BG (feet) |
|---|---|---|
Front | 100 | 75 |
Side | 50 | 50 |
Rear | 50 | 50 |
Distance from any off-site dwelling unit | 150 | 100 |
Distance from any state recognized scenic byway | 300 | 150 |
Distance from wetlands (excludes farm and tax ditches) | 100 | 100 |
Distance from state or federal wildlife refuge | 200 | 200 |
(6)
The site area shall be planted to achieve a minimum six-foot-high four-season visual barrier in accordance with the following guidelines:
(a)
Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.
(b)
A minimum of two rows shall be installed and trees shall be planted in staggered rows. Plantings shall be placed at maximum 20 feet apart within the same row and 10 feet apart from the adjacent, staggered row.
(c)
Include ground cover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.
(d)
The buffer shall be maintained to prevent disease from spreading and any trees that do not survive shall be replaced.
(e)
A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.
(7)
The required buffer may be counted toward planting requirements included in Chapter 187, Subdivision and Land Development.
(8)
If topsoil is removed for improvements, it shall remain on the site.
(9)
Noninvasive, perennial vegetative ground cover must be maintained or established in all areas containing solar arrays and in required setbacks to prevent erosion and manage runoff. A seed mix will be used to promote the growth of a ground cover that is favorable to future use of the land by animals. The height of the vegetation growth shall be maintained so as to reduce the possibility of the airborne spreading of weeds and seeds transmitted to other adjacent lands.
(10)
A soils study establishing the presence of any contaminants shall be completed prior to construction and every five years thereafter. Surface soil samples shall be collected from the first six inches of soil. One composite sample shall be collected every five acres of the SEF footprint. The composite sample should be a maximum of 10 aliquots collected from evenly spaced locations throughout the five-acre footprint. A baseline sample shall be collected prior to the start of the SEF construction. The composite sample should be analyzed for the primary component of the installed solar panel via the prevailing EPA method for inorganic compounds. A letter report of findings shall be submitted within 45 days from receipt of the laboratory results to the County and shall include a summary table showing current and past results and the original certified laboratory results. A sketch showing the sample locations should be provided with the letter report. The full report shall be kept on file by the applicant and available for review by the County. If contaminate levels appear to exceed the baseline, the County will forward the report to DNREC to determine appropriate mitigation measures. If the five-year and ten-year tests do not show material increase in the metal constituents tested, then the testing interval may be extended to every 10 years.
(11)
Signage, not to exceed six square feet, identifying the operator, its contact numbers, and emergency contact information shall be posted at each entrance or exit of the property.
(12)
Abandonment. A community energy-generating facility that does not produce energy for a continuous period of one year or more shall be presumed to have been abandoned. The applicant may request a good cause exemption that may not be unreasonably withheld so long as all real estate and personal property taxes are in good standing. Any facility that has been abandoned without obtaining a good cause exemption must be decommissioned and removed within 180 days. Decommissioning must consist of:
(a)
Physical removal of all solar photovoltaic facilities, structures, equipment, security barriers and transmission lines from the site.
(b)
Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Director is authorized to allow the owner or operator to leave landscaping or designated below-grade foundations in place in order to minimize erosion and disruption to vegetation and/or agriculture.
(13)
Decommissioning plan.
(a)
A decommissioning plan outlining the anticipated means and costs of removing the solar facility must be submitted with the application.
(b)
The decommissioning plan should ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The plan must include provisions for the removal of all structures and foundations, the removal of all electrical transmission components and the restoration of soil and vegetation.
(c)
The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning. The County shall engage a third party to review and confirm the cost estimate and the expense of the review shall be paid by the owner/operator.
(14)
Financial assurance. The operator or property owner shall provide a bond, surety, letter of credit, or other financial assurance in a form and amount acceptable to the Department to secure payment of 100% of the anticipated cost of removal of all associated site improvements and restoration of the site to its predevelopment condition. The financial assurance shall remain in full force and effect as long as the solar facility remains in place. The financial assurance shall be reviewed and renewed every five years to ensure the amount reflects the current market.
(15)
Approval process.
(a)
Any request for a community solar energy-generating facility shall include a plot/site plan showing the following:
[1]
Lot boundaries and dimensions.
[2]
Zoning district.
[3]
Date of plan.
[4]
Property owner with deed reference.
[5]
Lot area.
[6]
Location and setback of all structures.
[7]
Rights-of-way, public and private.
[8]
All easements.
[9]
Street names.
[10]
Water and sewerage facilities.
[11]
All required setbacks and buffers.
[12]
Any other information that may be required to be shown on the site plan by the Director of Planning Services or designee to determine that the application is in compliance with the codes and ordinances of the County.
(b)
Any request for a community solar energy-generating facility shall comply with the following:
[1]
The applicant shall notify all property owners within 200 feet of the limits of the subject property of the proposal to establish/construct a community solar energy-generating facility on the premises by certified mail.
[2]
A mailing list of all property owners within 200 feet of the subject property shall be supplied to the applicant by the Department based upon the most current Board of Assessment records.
[3]
The written notice shall be provided by certified mail to all property owners within 200 feet of the subject property on a standardized form letter provided by the Department to the applicant for this purpose.
[4]
If a letter of objection is received by the Department, the application will then be processed as a conditional use application (not requiring formal site plan review), requiring approval from the Kent County Levy Court and meeting all applicable conditions of this chapter.
[5]
If no letters of objection are received within 30 days, it shall be presumed that no adjacent property owner has an objection to the application.
[6]
Within 30 working days after application for a community solar energy-generating facility is submitted and accepted, the Director or designee shall approve, conditionally approve, or deny such application. The Department shall inform the applicant in writing of the conditions, if any, for approval or the reasons for disapproval. Such written notice shall also describe the process of appeals. A copy of the written notice shall be kept in the permanent records of the Department.
[7]
Should the Director or designee deny an application for a community solar energy-generating facility, the applicant may file an application for conditional use (not requiring formal site plan review), requiring approval from the Kent County Levy Court and meeting all applicable conditions of this chapter.
[8]
The filing fee for administration review shall be as set from time to time by ordinance of the Levy Court.
(c)
Application for building permits must be made within 24 months of project approval. If no applications for building permits are received by the Department within 24 months, the plan shall be considered invalid. However, the applicant may apply to the Department for reapproval of the project for an additional twenty-four-month period in accordance with the following procedures:
[1]
The Commission's staff shall review the original approved plan for consistency with all current provisions of this chapter. Such review may involve coordination with and review by applicable Development Advisory Committee (DAC) agencies. Based upon that review, the Director or designee will determine if the original plan meets current standards, or if the original recorded plan requires minor revisions to comply with current standards, or if the original recorded plan must be resubmitted as a new application subject to all appropriate review procedures, regulations, and fees.
[2]
If the Director of Planning Services or designee determines that the original approved plan is consistent with current policies and regulations, he/she shall reapprove the plan and provide written notice to the owner of reapproval. Such approval shall allow the issuance of building permits in accordance with all conditions of approval. The owner shall then have 24 months from the date of such notice of reapproval to obtain building permits and commence construction.
F.
Energy system, utility scale solar and wind.
(1)
The following are conditions specific to solar facilities:
(a)
Setbacks for a solar facility shall be:
BG (feet) | |
|---|---|
Front | 100 |
Side | 75 |
Rear | 75 |
Distance from any off-site dwelling unit | 100 |
Distance from any state-recognized scenic byway | 150 |
Distance from wetlands (excludes farm and tax ditches) | 100 |
Distance from a state or federal wildlife refuge | 300 |
(b)
The required setback shall be planted to achieve a minimum six foot-high four-season visual barrier in accordance with the following guidelines:
[1]
Include a variety of native evergreen trees. Existing native vegetation may be used to achieve the required planted buffer.
[2]
A minimum of two rows shall be installed and trees shall be planted in staggered rows. Plantings shall be placed at maximum 20 feet apart within the same row and 10 feet apart from the adjacent, staggered row.
[3]
Include groundcover to minimize growth of invasive species or provide a mowing schedule until the area is fully established in a natural condition.
[4]
The buffer shall be maintained to prevent disease from spreading and any trees that do not survive shall be replaced.
[5]
A raised berm with a 1:4 side slope and flat top may be used to achieve minimum height at planting.
(c)
A soils study establishing the presence of any contaminants shall be completed prior to construction and every five years thereafter. Surface soil samples shall be collected from the first six inches of soil. One composite sample shall be collected every five acres of the SEF footprint. The composite sample should be a maximum of 10 aliquots collected from evenly spaced locations throughout the five-acre footprint. A baseline sample shall be collected prior to the start of the SEF construction. The composite sample should be analyzed for the primary component of the installed solar panel via the prevailing EPA method for inorganic compounds. A letter report of findings shall be submitted within 45 days from receipt of the laboratory results to the County and shall include a summary table showing current and past results and the original certified laboratory results. A sketch showing the sample locations should be provided with the letter report. The full report shall be kept on file by the applicant and available for review by the County. If contaminate levels appear to exceed the baseline, the County will forward the report to DNREC to determine appropriate mitigation measures. If the five-year and ten-year tests do not show material increase in the metal constitutents tested, then the testing interval may be extended to every 10 years.
(d)
Signage, not to exceed six square feet, identifying the operator, its contact numbers, and emergency contact information shall be posted at each entrance or exit of the property.
(2)
The following are conditions specific to wind facilities:
(a)
Setbacks for a wind facility shall be:
Setback | BG (feet) |
|---|---|
Front | 800 |
Side | 800 |
Rear | 800 |
Distance from any off-site dwelling unit | 1,600 |
Distance from any state-recognized scenic byway | 800 |
Distance from wetlands (excludes farm and tax ditches) | 100 |
Distance from a state or federal wildlife refuge | 300 |
(b)
No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single poles.
(c)
The facility shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.
(d)
All access roads shall be gated and locked.
(e)
All power transmission lines from the tower to any other building or other structure shall be located underground to the maximum extent practical.
(f)
No tower shall be lit except to comply with Federal Aviation Administration requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low-glare fixtures, and directing lights at the ground.
(g)
All structures in a project shall be finished in a single, nonreflective, matte color or a camouflage scheme.
(h)
Signs.
[1]
No advertising signs are allowed on any part of the WECS, including fencing and support structures.
[2]
No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
[3]
Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of the fence around each tower or group of towers and any building (or on the tower or building if there is no fence) containing emergency contact information, including a local telephone number with twenty-four-hour, seven-days-a-week coverage. The Levy Court may require additional signs based on safety needs.
(i)
Noise levels shall not exceed 50 dBA, including constructive interference at existing off-site residences, businesses, and public buildings.
(3)
The following are conditions required for all utility solar and wind energy facilities:
(a)
Required buffers may be counted toward planting requirements included in Chapter 187, Subdivision and Land Development.
(b)
If topsoil is removed for improvements, it shall remain on the site.
(c)
Noninvasive, perennial vegetative ground cover must be maintained or established in all areas containing solar arrays and in required setbacks to prevent erosion and manage runoff. A seed mix will be used to promote the growth of a ground cover that is favorable to future use of the land by animals. The height of the vegetation growth shall be maintained so as to reduce the possibility of the airborne spreading of weeds and seeds transmitted to other adjacent lands.
(d)
Abandonment. A utility solar or wind facility that does not produce energy for a continuous period of one year or more shall be presumed to have been abandoned. The applicant may request a good cause exemption that may not be unreasonably withheld so long as all real estate and personal property taxes are in good standing. Any utility solar facility that has been abandoned without attaining a good cause exemption must be decommissioned and removed within 180 days. Decommissioning must consist of:
[1]
Physical removal of all solar photovoltaic facilities, wind turbines, structures, equipment, security barriers and transmission lines from the site.
[2]
Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Director is authorized to allow the owner or operator to leave landscaping or designated below-grade foundations in place in order to minimize erosion and disruption to vegetation.
(e)
Decommissioning plan.
[1]
A decommissioning plan outlining the anticipated means and costs of removing the facility must be submitted with the application.
[2]
The decommissioning plan should ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The plan must include provisions for the removal of all structures and foundations, the removal of all electrical transmission components and the restoration of soil and vegetation and/or agriculture.
[3]
The owner/operator must provide a present-day decommissioning cost estimate and identify the parties responsible for decommissioning. The County shall engage a third party to review and confirm the cost estimate and the expense of the review shall be paid by the owner/operator.
(f)
Financial assurance. Prior to final plan approval the operator or property owner shall provide a bond, surety, letter of credit, or other financial assurance in a form and amount acceptable to the Department to secure payment of 100% of the anticipated cost of removal of all associated site improvements and restoration of the site to its predevelopment condition. The financial assurance shall remain in full force and effect as long as the facility remains in place. The financial assurance shall be reviewed and renewed every five years to ensure the amount reflects the current market.
G.
Off-premises monument signs.
(1)
No more than one double-faced off-premises monument sign is permitted per parcel, with no more than one advertisement per side.
(2)
Off-premises monument signs shall not be permitted within a major subdivision.
(3)
Off-premises monument signs shall only be permitted on roads classified as principal or minor arterials and major collectors according to DelDOT's Functional Classification Map.
(4)
If an on-premises sign is located on an individual parcel, no off-premises sign is permitted.
(5)
Off-premises monument signs shall not exceed 32 square feet in area.
(6)
Off-premises monument signs shall be no more than six feet in height.
(7)
Off-premises monument signs shall be set back a minimum of 25 feet from the street right-of-way.
(8)
No off-premises monument sign shall be closer than a 500-foot radius to another off-premises monument sign or billboard.
H.
Outdoor storage.
(1)
All items shall be stored and maintained in a neat and orderly manner and as compactly as practicable.
(2)
All storage visible from access streets and adjacent properties shall be screened from view. Fencing, if used as screening, shall be high enough so that all stored materials are effectively screened from view at, and points within, the street right-of-way not higher than five feet above its surface. Landscaping used for screening shall provide for a complete year-round opaque screen at least six feet high.
(3)
No storage shall be permitted between the building setback line and frontage streets.
(4)
All outdoor refuse collection areas shall be screened from view from access streets and adjacent properties by a complete opaque screen.
I.
Park and ride facility.
(1)
All parking must follow the parking setbacks for the district it is located in.
(2)
To encourage multiple modes of transportation, a public transit shelter shall be located within the parking area and a bike rack shall be provided with space enough for bikes numbered at 10% of the total parking spaces.
(3)
To ensure the security of the facility, twenty-four-hour lighting and surveillance shall be provided as part of the use. The lighting shall not be directed towards adjacent properties or passing motorists.
J.
Public interest and special events (temporary activity).
(1)
A plan for the dismantling and return of the site to its original condition, including trash and waste removal, has been submitted to and approved by the Department of Planning Services.
(2)
A temporary certificate of occupancy permit for off-site parking shall comply with the following: the owner shall submit a plan to the Department of Planning Services delineating the proposed parking area, number of parking spaces and any other pertinent information deemed appropriate for the permit. Example: size of area to be utilized, number of days, date, etc. The fee for this use shall be as set from time to time by ordinance of the Levy Court.
(3)
Certificates of approval by additional agencies, including, but not limited to, Department of Public Safety, State Police, Public Health, and DelDOT may be required. Upon issuance of the temporary certificate of occupancy permit, the Building Official shall enforce all provisions attached to the permit. The Department shall close out the permit 10 days after the expiration of the permit issued.
L.
Telecommunications facility.
(1)
Telecommunications tower or monopole.
(a)
The location is the subject parcel where a tower is located or proposed to be located. Broadcasting and telecommunications towers conforming to all applicable provision of the code shall be allowed only in the following locations:
[1]
Church sites, when camouflaged as a steeple or bell tower, not as flagpoles.
[2]
Park sites, when compatible with a nature park.
[3]
Government, school, utility, or institutional sites.
[4]
Parcels of such size that the proposed tower will be able to meet the setback requirements of § 205-73L(1)(b).
[5]
Alternative sites which are used primarily for purposes other than to support antennas, such as water towers, buildings, billboards, electric or light poles, and other utility structures.
(c)
The maximum height for a tower is 200 feet.
(d)
District height requirements do not apply to these towers but any other structures must still adhere to the height requirements of each district.
(e)
Documentation. Documentation acceptable to the Department for a new tower or monopole must show that no existing building, site or structure, including other towers/monopoles within a one-mile radius of the proposed new location are available for co-location. The documentation shall include one or more of the following:
[1]
Evidence that no existing facilities are located within the area targeted to be served and which meet the applicant's engineering requirement.
[2]
Evidence that existing facilities do not have sufficient height or cannot be increased to a height at a reasonable cost to meet the applicant's engineering requirements.
[3]
Evidence that existing facilities do not have sufficient structural strength or space to support the proposed antenna and related equipment and that those existing facilities cannot be reinforced at a reasonable cost to accommodate new equipment.
[4]
Evidence that the applicant's antenna or equipment would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna or equipment on the existing facility would cause interference with the applicant's proposed antenna.
[5]
Evidence of noncooperation of landowners for alternative sites that might have been a better location.
(f)
Shared facilities. All new or replacement towers/monopoles 150 feet or less in height, not including lighting rod, shall be designed to accommodate at least one additional personal communication services (PCS)/cellular platform. All new or replacement towers/monopoles in excess of 150 feet in height shall be designed to accommodate at least two additional PCS/cellular platforms.
(g)
Landscaping. Pad sites, ground equipment structures and guy wire locations shall be surrounded by a minimum six-foot-tall opaque fence and/or landscaping.
(h)
Requirements. The tower and accessory equipment must meet all requirements of the Federal Communications Commission and Federal Aviation Administration.
(i)
Signs and lighting. No sign shall be permitted on the tower. Any blinking or rotating light thereon shall be screened so as not to throw its light below the horizontal plane on which it is located, except as required by the Federal Aviation Administration.
(j)
Abandonment. Any tower/monopole that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such tower shall remove the same within 90 days of a receipt of notice from Levy Court notifying the owner of such abandonment. If such tower is not removed within 90 days, the County may remove the tower at the owner's expense.
(2)
Small cell telecommunications facility.
(a)
An antenna may be installed on streetlight or mast arms mounted on preexisting poles, including utility and streetlight poles or other preexisting exterior support structures, but the installation of taller poles or new overhead wiring to accommodate the antennas will not be permitted.
(b)
An antenna may be installed at least 20 feet from the ground in a residential zone or on an existing residential support structure or support structure on privately owned land, or 15 feet from the ground in a commercial zone or on an existing commercial structure or support structure on privately owned land. An antenna may be mounted on the wall of a building facing the rear lot line at a height of at least 20 feet in a residential zone or when mounted on a residential building, or 15 feet in a commercial zone or when mounted to a commercial building.
(c)
An antenna shall not be installed on or within 60 feet of or on the facade of a single-family (detached or attached) dwelling unit.
(d)
Cable connecting the antennas to the equipment box shall be contained inside the pole or support structure or shall be flush mounted and covered with a metal, plastic or similar material cap matching the color of the pole or structure on which it is installed, properly secured and maintained by the applicant.
(e)
Related unstaffed equipment cabinets may be located within a building, an equipment cabinet outside a building, an equipment cabinet on a rooftop, or an equipment room within a building.
[1]
Such related equipment shall have a maximum square footage of 10 square feet with a maximum height of two feet and must be so located and installed in accordance with the applicable setback and other requirements of the zone in which the property is classified.
[2]
A related unstaffed equipment cabinet may be installed on a rooftop of a building on privately owned land which is at least 15 feet in height, provided that it and all other roof structures do not occupy more than 25% of the roof area.
(f)
The applicant shall provide proof that it is a licensed provider and will comply with all applicable federal, state and County laws and regulations, including those regarding wireless communications services.
(g)
An antenna and equipment box must be installed as a stealth telecommunications facilities on a property designated by the County or the State Historic Preservation Office as an historic resource.
(h)
Public property.
[1]
A private small cell telecommunications antenna may be located on the exterior of public property or attached to an existing support structure owned or operated by Kent County and shall be a permitted use in all zones. The use of any property owned or operated by the County shall be at the discretion of the Levy Court.
[2]
A private small cell telecommunications antenna may be located on the exterior of public property of or attached to an existing support structure owned or operated by a County, state, federal or other noncity governmental agency or on the property of an independent fire department or rescue squad subject to the same conditions and requirements as are applicable to such facilities on privately owned property.
(i)
All such small cell telecommunications antennas shall be located and designed so as to minimize visual impact on surrounding properties and from public streets.
(j)
No signs are permitted in connection with any small cell telecommunications antenna.
(k)
No more than one building, pole or other support structure containing a small cell telecommunications facility or co-located facility is permitted on a lot or parcel of land, or for parcels larger than a half-acre, per half-acre of land. A variance to permit the location of more than one building, pole or other structure containing small cell telecommunications facilities on a lot or parcel or half-acre may only be approved by the Board of Adjustment if the applicant establishes that existing small cell telecommunications facilities serving the same service area have no additional capacity to include the applicant's facility. Any such application must comply with all of the other standards and requirements for small cell telecommunications facilities.
(3)
Stealth telecommunications facility. Stealth telecommunications facilities shall be permitted in all zoning districts after administrative review and administrative approval in accordance with the requirements below:
(a)
Stealth facilities in residential zoning districts areas shall not exceed 60 feet in height.
(b)
Antennas must be enclosed, camouflaged, screened, obscured and otherwise not readily apparent to a casual observer.
(c)
Existing structures utilized to support the antennas must be allowed within the underlying zone district. Such structures may include, but are not limited to, lights, flagpoles, cupolas, bell towers, clock towers, crosses, monuments, smokestacks, parapets, and steeples.
(d)
Setbacks for stealth facilities that utilize a new structure shall be governed by the setback requirements of the underlying zoning district.
(4)
Removal. Every freestanding monopole or support structure and support equipment, building, or cabinet associated with a telecommunications tower shall be removed at the cost of the owner of the facility when the telecommunications facility is no longer in use by any telecommunications carrier.
M.
Transportation shelters (bus, taxi, etc).
(1)
The shelter is permitted within the minimum required front yard.
(2)
The shelter is erected at a size no larger than seven feet by nine feet by eight feet in height (not including safety pennant).
(3)
The shelter is enclosed only on three sides.
(4)
There are no more than two advertisement signs, not to exceed 32 square feet each, and they shall not face in the same direction. The advertisement must contain public service safety slogans or messages, which shall occupy not less than 50% of the area of the sign.
(5)
It does not impair visibility at any access to a public street.
(6)
It does not occupy more than 5% of the minimum required front yard.
(7)
A permit must be obtained with approval from the Department of Transportation.
(8)
Validation is required from the transportation officer for each school district, if applicable.