New Castle City Zoning Code
ARTICLE IV
District Regulations
§ 230-13 Establishment of regulations.
District regulations shall be as set forth in this article and Article V of this chapter, Supplementary District Regulations, and the Schedule of District Regulations, hereby adopted by reference and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-14 Open Space and Recreation District OS&R.
This district is intended to provide for and protect permanent open spaces in the City and to safeguard the health, safety and general welfare of the city's residents. Development shall be limited in areas where natural or physical deficiencies exist, for example, high-water table, flooding or erosion.
A.
The following uses are permitted as a matter of right:
B.
The following uses may be permitted as special exceptions upon approval by the Board of Adjustment in accordance with § 230-57B of this chapter:
(1)
Sanitary landfill, provided that it comply with the following requirements:
(a)
Site plan shall be submitted indicating the proposed area of operation, the minimum distance between the landfill and street and lot lines, the proposed manner of operation, including the routing of traffic to and from the side, grade levels both before and upon completion of operations and the proposed restoration or improvement and ultimate use of the site at the conclusion of landfill operations.
(b)
Measures be taken to prevent vermin infestation, air and water pollution, fire, equipment noise, windblown refuse and traffic congestion.
(c)
Provision shall be made to ensure adequate compaction and cover of refuse.
(d)
Regular hours shall be established during which operation shall be conducted and the site shall be inaccessible at all other times.
(e)
Provision shall be made to adequately screen adjacent areas from adverse effects of the landfill.
(f)
Location and method of disposal and operation shall be approved by the New Castle Board of Health.
[Amended 12-9-1997 by Ord. No. 379]
(2)
Public utility rights-of-way and structure may be permitted in accordance with § 230-38 of this chapter.
(3)
Accessory support buildings for outdoor recreation areas, boating facilities, conservation areas, parks and playgrounds, including, but not limited to, information kiosks, restrooms, picnic pavilions, and shelters. The Board of Adjustment shall establish setbacks for accessory buildings at the time the use is approved.
[Added 12-14-2004 by Ord. No. 429]
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[2] and Article V, Supplementary District Regulations.
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-15 Agricultural - Horticultural District AH.
[Added 10-26-1994 by Ord. No. 361]
A.
The purpose of this district is to provide for agricultural and horticultural activities, as well as to protect agricultural lands, as one of the city's valuable resources, from the depreciating effect of the unwarranted intrusion of contrary uses. This district will also protect established agricultural operations and activities. No area initially shall be zoned as an Agricultural - Horticultural District unless the proposed area consists of a contiguous area of at least 100 acres primarily used for agricultural or horticultural purposes.
B.
The following uses are permitted as a matter of right:
(1)
Agricultural and horticultural uses of land defined more specifically as follows:
(a)
Agricultural use land. Land shall be deemed to be in agricultural use when devoted to the production for sale of plants and animals useful to man, including but not limited to: forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
(b)
Horticultural use.
[1]
Land shall be deemed to be in horticultural use when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
[2]
Notwithstanding these definitions, commercial poultry raising, commercial slaughtering and processing of large animals (i.e. horses, cows, pigs, sheep or goats), commercial dog kennels and commercial mushroom farming shall not be permitted or conducted on the premises.
(2)
A one-family dwelling for each owner or tenant family per 100 acres of land.
(3)
Accessory structures as are appropriate to and supportive of the agricultural or horticultural uses, including, but not limited to, barns, cribs, stables, sheds, shops, bins, tanks and silos, provided that any building or enclosure for the keeping of animals or poultry shall be located at least 50 feet from any lot lines and 100 feet from any dwelling not on the premises.
(4)
One highway or other roadside-retail stand as an accessory use and structure for each owner or tenant for the retail selling of farm produce grown in the district and as augmented by similar produce or other products that are customarily associated with such agricultural roadside-retail stands. No more than one such stand shall be permitted for each 100 acres of land. The roadside-retail stand may also be used for food preparation and sales.
[Amended 6-8-2021 by Ord. No. 533
C.
Notwithstanding anything in this section to the contrary, the following uses are permitted as a matter of right on the property known as "Penn Farm No. 6," Tax Parcel Number 21-009.00-002, also known as "807 Frenchtown Road," New Castle, Delaware:
[Added 6-8-2021 by Ord. No. 533]
(1)
The existing house structure on Penn Farm No. 6 may be expanded to no more than 5,000 square feet and may be used as a farm office, business office, administrative office, archive storage, board room and meeting rooms for use by the Trustees of the New Castle Common, as owner of the property, and for private or public gatherings as authorized by the Trustees of the New Castle Common and otherwise permitted by applicable law.
(2)
The barns existing on Penn Farm No. 6 as of the date of this subsection may be used as farm barns and, as authorized by Trustees of the New Castle Common, for meetings, events, fundraisers, weddings, parties and other public or private gatherings.
§ 230-16 Residential District R-1.
This district is intended to provide and protect areas within the City for single-family detached residential development. A pleasant, quiet, hazard-free residential environment is encouraged at a low density. Uses not directly related to residences are prohibited.
A.
B.
The following uses may be permitted as special exceptions upon approval of the Board of Adjustment in accordance with § 230-57B of this chapter:
[Amended 12-3-1974 by Ord. No. 207; 6-9-1998 by Ord. No. 383]
(1)
Public utility rights-of-way and structures may be permitted in accordance with § 230-38 of this chapter.
(2)
Institutions of an educational, religious, medical, charitable or philanthropic nature.
(3)
Day-care centers, kindergartens, preschools, day nursery schools subject to the following special requirements:
(4)
Funeral parlors and casket sales offices.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[1] and Article V, Supplementary District Regulations.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-17 Residential District R-2.
This district is intended to accomplish the same goals as the R-1 District while permitting a slightly higher density and variety of dwelling type.
A.
The following uses are permitted as a matter of right:
(1)
All uses permitted within the Residential District R-1.
(2)
Single-family semidetached dwelling.
(3)
Two-family dwelling.
(5)
Corner stores: limited neighborhood retail establishments serving primarily a pedestrian trade, subject to the following conditions:
[Added 12-14-2004 by Ord. No. 429]
(a)
Such establishments may only be located on the first floor of multistory buildings on corner lots bounded by two public streets, at least one of which must be a collector street (The Strand, Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, Seventh Street, Harmony Street, Delaware Street, Tremont Street and South Street).
(b)
The merchandise sold shall be limited to food, groceries, dry goods, books, videos, music, newspapers, and magazines.
(c)
The sale of prepared foods, limited to deli foods, coffee, water, ice, and ice cream, is permitted; however, these sales shall be incidental and secondary to the sale of items listed in Subsection B(5)(b).
(d)
On-premises seating shall be limited to four tables.
(e)
Outdoor cafe seating may not exceed four tables.
(f)
This section shall not be construed to permit a full-service or take-out restaurant.
(g)
Alcoholic beverages of any kind may not be sold.
(h)
Such establishments shall be subject to the area and bulk standards of the Retail Commercial (RC) District and all other applicable requirements of Article V, except parking.
(i)
Such establishments shall be further subject to other appropriate conditions, including parking requirements established by the Board of Adjustment to eliminate any potential negative impacts on adjoining residential properties.
B.
The following uses may be permitted as special exceptions upon approval of the Board of Adjustment in accordance with § 230-57B of the Code of the City of New Castle:
[Amended 8-10-1999 by Ord. No. 388]
(1)
Public utility rights-of-way and structures may be permitted in accordance with § 230-38 of the Code of the City of New Castle.
(2)
Institutions of an educational, religious, medical, charitable or philanthropic nature.
(3)
Day-care centers, kindergartens, preschools, day nursery schools subject to the following requirements:
(4)
Funeral parlors and casket sales offices.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[1] and Article V, Supplementary District Regulations.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-18 Residential District R-3.
[Amended 8-10-1999 by Ord. No. 388; 12-14-2004 by Ord. No. 429; 7-11-2006 by Ord. No. 431]
This district is intended to permit the widest range of residential density and dwelling type while preserving the amenities of the higher restricted residential districts. A portion of the undeveloped area of the City is encompassed by this district with the expectation that the planned development provisions of this chapter will be utilized when these areas are developed.
A.
The following uses are permitted as a matter of right:
(1)
All uses as permitted in the Residential District R-2.
(2)
Two-family semidetached dwellings.
(3)
Single-family attached dwellings.
(4)
Two-family attached dwellings.
(5)
Multiple dwellings, provided that the greatest dimension in length or depth of a multiple dwelling shall not exceed four times its height. For purposes of this chapter the building length or depth shall be determined by the length or depth of a rectangle enclosing the building area of the building.
(6)
Accessory uses as permitted in the Residential District R-2.
B.
The following uses may be permitted as special exceptions upon approval of the Board of Adjustment in accordance with § 230-57B of the Code of the City of New Castle:
(1)
Public utility rights-of-way and structures may be permitted in accordance with § 230-38 of the Code of the City of New Castle.
(2)
Institutions of an educational, religious, medical, charitable or philanthropic nature.
(3)
Private clubs and lodges.
(4)
Day-care centers, kindergartens, preschools, day nursery schools subject to the following requirements:
(5)
Funeral parlors and casket sales offices.
(6)
Corner stores: limited neighborhood retail establishments serving primarily a pedestrian trade, subject to the following conditions:
(a)
Such establishments may only be located on the first floor of multistory buildings on corner lots bounded by two public streets, at least one of which must be a collector street (The Strand, Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, Seventh Street, Harmony Street, Delaware Street, Tremont Street, and South Street).
(b)
The merchandise sold shall be limited to food, groceries, dry goods, books, videos, music, newspapers, and magazines.
(c)
The sale of prepared foods, limited to deli foods, coffee, water, ice, and ice cream, is permitted; however, these sales shall be incidental and secondary to the sale of items listed in Subsection B(6)(b).
(d)
On-premises seating shall be limited to four tables.
(e)
Outdoor cafe seating may not exceed four tables.
(f)
This section shall not be construed to permit a full-service or take-out restaurant.
(g)
Alcoholic beverages of any kind may not be sold.
(h)
Such establishments shall be subject to the area and bulk standards of the Retail Commercial (RC) District and all other applicable requirements of Article V, except parking.
(i)
Such establishments shall be further subject to other appropriate conditions, including parking requirements established by the Board of Adjustment to eliminate any potential negative impacts on adjoining residential properties.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[1] and Article V, Supplementary District Regulations.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-19 Historic Residence District HR.
[Amended 12-14-2004 by Ord. No. 429; 11-10-2025 by Ord. No. 555R; 10-14-2025 by Ord. No. 556]
This district is intended to preserve, promote and protect the historic area now predominantly residential of the City in its colonial form. In order to achieve this intention, architectural review is provided for by this chapter. It is not an exclusive residential district; however, incompatible uses are prohibited.
A.
B.
The following uses may be permitted as special exceptions upon approval by the Board of Adjustment in accordance with § 230-57B of this chapter.
(1)
Special exceptions may be granted as provided in the Residential District R-1.
(2)
Libraries and museums.
(3)
Government buildings.
(4)
Clubs and lodges.
(5)
Corner stores: limited neighborhood retail establishments serving primarily a pedestrian trade, subject to the following conditions:
(a)
Such establishments may only be located on the first floor of multistory buildings on corner lots bounded by two public streets, at least one of which must be a collector street (The Strand, Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, Seventh Street, Harmony Street, Delaware Street, Tremont Street and South Street).
(b)
The merchandise sold shall be limited to food, groceries, dry goods, books, videos, music, newspapers, and magazines.
(c)
The sale of prepared foods, limited to deli foods, coffee, water, ice, and ice cream, is permitted; however, these sales shall be incidental and secondary to the sale of items listed in Subsection B(5)(b).
(d)
On-premises seating shall be limited to four tables.
(e)
Outdoor cafe seating may not exceed four tables.
(f)
This section shall not be construed to permit a full-service or take-out restaurant.
(g)
Alcoholic beverages of any kind may not be sold.
(h)
Such establishments shall be subject to the area and bulk standards of the Retail Commercial (RC) District and all other applicable requirements of Article V, except parking.
(i)
Such establishments shall be further subject to other appropriate conditions, including parking requirements established by the Board of Adjustment to eliminate any potential negative impacts on adjoining residential properties.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations,[1] Article V, Supplementary District Regulations, and an historic review certificate shall be obtained.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-20 Historic Commerce District HC.
[Amended 6-7-1977 by Ord. No. 224; 9-7-1982 by Ord. No. 253; 9-6-1983 by Ord. No. 257; 11-10-2025 by Ord. No. 555R]
This district is intended to preserve, promote and protect the historic commercial heart of the city. A large portion of the city's commercial activity takes place in this area; a situation which is expected to continue resulting in a living monument to the past. Encroachment of elements not consistent with the colonial period of the city's history is to be prohibited.
A.
The following uses are permitted as a matter of right:
(1)
Convenience stores and shops, such as grocery and drugstore.
(2)
Personal service shops, dealing directly with customers; beauty parlor, barbershop, clothes cleaning agency and similar establishments.
(3)
Bakeries.
(4)
Bank and office establishments.
(5)
Eating and drinking establishments.
(6)
Antique shops.
(7)
Jewelry stores.
(8)
Institutions of an educational, religious, medical, charitable, philanthropic or governmental nature.
(9)
Clubs and lodges.
(10)
Bed and Breakfast.
(11)
Dwelling units as follows:
(a)
Single-family detached, semidetached and attached.
(b)
Two-family dwellings, detached, semidetached and attached.
(c)
Multiple dwellings, provided that the greatest dimension in length or depth of a multiple dwelling shall not exceed four times its height. For purposes of this chapter the building length or depth shall be determined by the length or depth of a rectangle enclosing the building area of the building.
(14)
Massage parlors which provide services on and/or off premises, adult bookstores and adult entertainment centers shall not be permitted within 1,000 feet of any property used solely for residential purposes. No massage parlors, adult bookstores and/or adult entertainment centers shall be permitted within 1,500 feet of each other.
(15)
Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted use.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations,[1] Article V, Supplementary District Regulations, and an historic review certificate shall be obtained.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-21 Retail Commercial District RC.
This district is intended to provide areas in which the daily shopping and business requirements of nearby residents can be met. These areas are to be exclusively commercial.
A.
The following uses are permitted:
(1)
Retail stores and shops, including but not limited to grocery and drugstores.
(2)
Personal service shops, dealing directly with customers; beauty parlor, barbershop, clothes-cleaning agency, laundromat and similar establishments.
(3)
Clubs, lodges and recreational buildings.
(4)
Banks and offices, including drive-in facilities.
[Amended 8-3-1976 by Ord. No. 217]
(5)
Eating and drinking establishments, excluding those establishments with drive-in or franchised sit-down services.
[Amended 8-3-1976 by Ord. No. 217]
(6)
Service establishments furnishing services other than those of a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair or service.
(7)
Shopping centers.
(10)
Massage parlors which provide services on and/or off premises, adult bookstores and adult entertainment centers shall not be permitted within 1,000 feet of any property used solely for residential purposes. No massage parlors, adult bookstores and/or adult entertainment centers shall be permitted within 1,500 feet of each other.
[Added 6-7-1977 by Ord. No. 244]
(11)
Physician and dentist offices, including primary medical/dental care and diagnostic services.
[Added 5-4-1993 by Ord. No. 344]
(12)
Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted use.
(13)
Mixed use buildings: buildings with first floor retail, personal service, or office uses, as described in Subsection A(1) through (5) above and residential apartments or condominiums or office uses on the upper floors. Residential density of upper floor apartments or condominium in a mixed-use building shall not exceed 10 units per acre. Each apartment or condominium shall have a private access separate from that of the commercial uses and at least 500 square feet of yard space, balcony, deck space or roof top area.
[Added 12-14-2004 by Ord. No. 429]
C.
The following uses may be permitted as special exception upon approval by the Board of Adjustment in accordance with § 230-57B of this chapter: day-care centers, kindergartens, preschools and day nursery schools subject to the following special requirements:
[Added 8-12-1986 by Ord. No. 283]
D.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[1] and Article V, Supplementary District Regulations, except for front yard setback, for which the following regulations are substituted:
[Amended12-14-2004 by Ord. No. 429]
(1)
Build-to line: The build-to line for new construction in the RC District shall be 10 feet. Within the RC District, a minimum of 75% of the facade of any building along a public street must be constructed at the build-to line.
(2)
Build-to line encroachment: Pedestrian-oriented features of buildings, such as one-story porches, entrance hoods, stoops, awnings, canopies, roof overhangs and arcades with occupied or unoccupied floor space above, may encroach beyond the build-to line up to eight feet. In no case may such encroachments result in an obstruction to pedestrian movement. An unobstructed pedestrian passageway at least eight feet wide must be maintained at all locations.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
E.
Design standards: to ensure that all new development in the RC District will be pedestrian in scale and walkable:
[Added 12-14-2004 by Ord. No. 429]
 |
(2)
Parking location and design. Only the following types of parking shall be permitted in the RC District:
(3)
Building design and scale. Buildings, regardless of function or size should be designed to be pedestrian in scale and respect the existing architectural context of their site and setting. The design of large structures, especially multistory buildings, shall incorporate the following architectural treatments and features to modulate the mass of the building:
(a)
Wall planes. Long, blank, and windowless wall planes shall be avoided. Wall planes of over 50 feet, including separate buildings that are attached, shall incorporate window and door openings as well as building recesses and projections to articulate the buildings mass.
(b)
Roof planes. Long, uninterrupted roof planes shall be avoided. Long, uninterrupted roof planes shall incorporate changes in the roofline to articulate the building mass. Features such as dormers, chimneys, cupolas and towers may also be considered to further modulate large expanses of roof areas.
(c)
First floor treatment. The first floor of all buildings that contain retail, office and service uses shall incorporate a storefront design consistent with § 230-21E(4)(e).
(d)
Change in materials. Changes in facade materials may be utilized to further modulate long expanses of wall.
(4)
Building facades. The treatment of all facades visible to the public shall be consistent with the architectural design of the front facade. In a further effort to achieve a building massing that is pedestrian in scale, building facades shall be articulated using the following methods:
 |
(a)
Base courses. All new buildings shall incorporate a base course that is a minimum of 18 inches in height or constructed to the sill level of storefront windows, whichever is higher.
(b)
Belt course. Belt courses and secondary cornice lines should also be provided to further articulate the building facade at the top of the first story on a multistory building.
(c)
Cornice line. A distinctive and/or projecting cornice line shall be provided at the top of all buildings. Decorative cornices, including architectural details such as brackets and moldings and other features, are strongly encouraged.
(d)
Windows. Windows should be appropriate to the architectural style, materials and detailing of the building. To the greatest extent possible, windows should be proportioned vertically. Upper story windows should be aligned with windows and doors on the first floor. Where windows cannot be constructed, simulated blank windows recesses should be provided and incorporate window frames, lintels, shutters, and other features. Displays windows may also be used to address blank, windowless walls.
(e)
Storefronts. The first floor of all buildings that contain retail, office, or service uses shall have continuous storefront windows. The bottom of storefront windows shall be no more than three feet above the sidewalk and shall be at least eight feet in height, but shall not exceed 75% of the facade area of the first floor. Shop fronts shall also not be more than one story in height. In the case of a corner building, shopfront windows shall be required on both facades.
(f)
Doors. Principal building entrances shall be provided at the street front of all buildings; however, secondary access to rear or internal parking areas is also permitted. Doors and entryways shall be defined by appropriate architectural treatment, such as pediments, porticoes, overhangs, and other appropriate features.
(g)
Awnings, canopies and arcades. To further articulate the building facade and increase architectural interest while facilitating all-weather comfort of pedestrians, continuous awnings (both permanent and retractable), canopies and building overhangs, including arcade structures with occupied space above, are strongly encouraged along the street frontages.
(5)
Roof types. The following roof types are encouraged: gable, cross gable and flat roofs with a decorative cornice line or parapet.
(6)
Building materials.
(a)
The following building materials are acceptable for exterior walls that are visible to the public: wood, brick, stone, stucco, glass, and concrete masonry units that have a dressed or textured finish.
(b)
The following building materials are unacceptable for exterior walls that are visible to the public: aluminum siding, vinyl siding, undecorated concrete masonry units, tilt-up concrete panels or highly reflective or mirrored glass.
(c)
The color of building materials shall be primarily earth-toned and natural and consistent with the overall historic context of the City. Highly reflective materials, high-intensity colors, and metallic colors and finishes are prohibited. Building trim and accents may incorporate brighter colors. Neon tube lighting may not be used for building trim or accent.
(7)
Streetscapes/landscaping. All developments in the RC District shall be required to provide the following improvements along the entire length of all public streets on which they obtain frontage:
(a)
Public sidewalks shall have a minimum unobstructed width of 10 feet in commercial areas.
(b)
Street shade trees shall be planted at a maximum spacing of 30 feet on center. Street shade trees may be planted in tree pits, a minimum of four feet wide and six feet long, or in a continuous tree lawn, a minimum of three feet in width, located between the curb and the sidewalk.
(c)
Pedestrian-oriented lighting at a maximum spacing of 50 feet or as recommended by the manufacturer to achieve adequate levels of sidewalk illumination.
(d)
Benches and other street furniture at appropriate locations, subject to the review and approval of the Planning Board.
(8)
Signage. All signage within the RC District shall conform to the requirements of § 230-27 and the following additional design standards:
(a)
All signs in the RC District shall be pedestrian-oriented and not distract from the overall appearance of the building.
(b)
All signs in the RC District shall be constructed of high-quality materials.
(c)
All signs in the RC District shall be indirectly illuminated with incandescent lighting.
(d)
Lettering on awnings shall be limited to the vertical surface or edge.
(e)
Internally illuminated plastic signboards are prohibited in the RC District.
(f)
Rooftop signs are prohibited.
(10)
Mechanical systems. All HVAC and mechanical equipment, whether roof-mounted or located on the ground shall be completely screened from public view by architectural enclosures, parapet walls, fences or walls.
(11)
Loading and utility areas. All loading and service areas shall be located to the rear or side of buildings. All loading and service areas shall be screened to the greatest extent possible from public views by walls, fences and landscaping to limit noise and odor.
§ 230-21.1 Downtown Gateway District (DG).
[Added 8-13-2013 by Ord. No. 477]
A.
The Downtown Gateway District is intended to:
(1)
Create a pedestrian-oriented neighborhood commercial district providing primarily local goods and services and presenting a gateway worthy of the City of New Castle.
(2)
Extend the built-form, character and scale of the historic district.
(3)
Encourage lively, human-scaled gathering places for the community through building design and orientation and by encouraging a mix of uses.
(4)
Encourage the consolidation of parcels identified for redevelopment.
(5)
Reduce the number of existing or future driveways and produce more efficient access by encouraging shared use of parking areas.
(6)
Minimize the aesthetic and safety impacts of parking structures and surface parking lots.
(7)
Enhance the aesthetic appearance of the Downtown Gateway Districts.
(8)
Improve the pedestrian environment along streets, parking lots and other pedestrian areas.
B.
The following uses in the DG Districts are either:
[Amended 5-12-2016 by Ord. No. 507]
(1)
Permitted by right; or
(2)
Permitted by special exception following review and recommendation by the Planning Commission.
Table 1: Permitted Uses | ||
P | = Permitted use | |
SE | = Special exception (see § 230-57B) | |
Residential Uses | ||
Dwelling above retail, service establishment or office | P | |
Single-family dwelling, detached, semidetached, attached | SE | |
Two-family dwelling | SE | |
Multifamily dwelling | SE | |
Home occupation | P | |
Hotel, motel | P | |
Bed-and-breakfast inn and bed-and-breakfast house | P | |
Retail and Services | ||
Retail establishment for the sale of such items as dry goods, variety and general merchandise, art galleries, clothing, food, drugs, household supplies, hardware, furnishings, antiques, baked goods, greeting cards, plants and flowers; and the sale and repair of jewelry, watches, clocks, optical goods, musical, professional or scientific instruments | P | |
Personal service establishments such as, but not limited to, tailor, barber, beauty salon, shoe repair, dressmaker or dry cleaner (provided that no cleaning operations are performed on the premises) | P | |
Restaurant establishment serving food or beverages to the general public, such as, but not limited to, brew pub, restaurant, cafe, taproom, tavern, retail baker, confectionery or ice cream shop, including walk-up windows | P | |
Outdoor dining | P | |
Entertainment establishments such as theaters for motion pictures and stage plays | P | |
Financial institution, consisting of a bank or savings and loan association, but excluding drive-through facilities | P | |
Office, Clerical and Similar Establishments | ||
Professional office, such as, but not limited to, those for the practice of medicine or other health services, or for legal, engineering, architecture, design-related or accounting offices. | P | |
Business office, such as, but not limited to, real estate sales, travel agency, insurance sales, advertising or retail copying and printing services | ||
Mixed Use | ||
A mix of uses in a single building or group of buildings with first-floor nonresidential uses as described herein and office or multifamily residential on the upper floors; residential density of upper floor residential uses in a mixed-use building shall not exceed 10 units per acre; residential uses shall have a private access separate from that of the commercial uses | SE | |
Institutional, Care, Educational, Religious, Social | ||
Educational institutions, such as elementary and secondary schools, tutoring businesses, learning centers, universities and colleges | SE | |
Sporting facilities | SE | |
Religious institutions and their ancillary uses | SE | |
Private clubs, lodges and fraternal organizations | SE | |
Fitness/wellness center | P | |
Day-care center | P | |
Preschools and day nursery schools subject to the following special requirements: (1) At least 50 square feet of outdoor play space per child shall be provided; (2) Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas or land unsuited by other usage or natural features for children's active play space | SE | |
Transportation-Related | ||
Transit facilities | P | |
Parking garage or structure, public or commercial parking | SE | |
Public, Semipublic, Emergency | ||
Government administration uses, post office, community center, public library, offices for public utilities | P | |
Public space, parks and recreational facilities | P | |
Public safety facilities, including ambulance, fire, police, rescue and national security | P | |
Other | ||
Gallery and museum | P | |
Studio for dance, music, fitness, art or photography | P | |
Farmers' market | P | |
Uses determined by the City Council to be of a similar nature to the uses permitted by right or by special exception herein when located in a principal or accessory building | SE | |
Signs subject to the provision of § 230-37 of this chapter | P | |
SE | ||
Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted use | P | |
C.
Conditions for certain uses permitted by special exception.
[Amended 3-8-2022 by Ord. No. 535]
(1)
Nonresidential, mixed, and multifamily uses.
(a)
The building footprint shall not exceed 40,000 square feet.
(b)
Buildings, driveways, parking areas/loading areas, outdoor activity areas, light sources, and refuse areas shall be located and designed to minimize adverse impacts on abutting residential properties. Alternative site layouts, including increased setbacks from residential property lines; different locations of buildings, parking areas, and driveways, incorporating loading and trash collection areas as part of the principal building design; and increased screening for light sources and outdoor activity areas, may be prescribed by the Board of Adjustment in order to limit the adverse impact of a proposed use as well as fulfill the legislative intent of the Downtown Gateway Zoning District.
(2)
Residential uses, including single-family dwellings and two-family dwellings: see lot size, bulk and yard requirements in Chapter 230, Attachment 1, Schedule of District Regulations for R-3-Residential.
(3)
Parking garages.
(a)
Retail store fronts or other active uses at the street level are required on front facades of parking garages. (See Table 2.)
Table 2: Cross Section of Parking Garage with Ground Floor Retail Space |
 Retail store front within a parking garage |
(b)
Utilitarian appearances of parking structures, such as sloping levels and untreated concrete levels, are not permitted. Structures shall have design treatments such as colonnades, arcades, awnings, landscaping, street furniture, and other public amenities to create the appearance of an occupied building. Blank walls are not permitted.
(c)
Cars shall be visually screened from adjacent buildings, and the street and such screening shall be in keeping with the rest of the building's architectural style and materials.
(d)
Vehicular access to parking garages shall be accessed to the side or rear of the building.
D.
Prohibited uses. Prohibited uses are as follows:
(1)
Automobile or other vehicle sales, service or repair establishments, including vehicle body repair, vehicle painting or washing.
(2)
Gasoline service station and filling station.
(3)
Drive-through window or facilities.
(4)
Self-service storage facilities (mini-warehouses); provided, however, that self-service storage facilities existing and operating at the time of the adoption of this section may continue to operate as a permitted use and may also be expanded with a special exception from the Board of Adjustment.
(b)
In an application to expand an existing self-service storage facility use, the Board of Adjustment shall give primary consideration to the mandatory provision of visual screening in the form of walls or fencing in combination with suitable landscaping to reasonably shield said use and the public right-of-way and property lines.
(c)
Such walls or fencing and landscaping must be installed prior to the expansion of the existing self-service storage use.
(d)
Wood, vinyl or iron fencing shall be permitted. Chained link and barbed wire fencing shall be prohibited.
(e)
Walls shall be constructed of brick or stone.
(f)
Planted vegetation shall consist predominantly of evergreen vegetation.
(g)
Existing vegetation, if deemed suitable by the Board of Adjustment, may be used in place of required landscaping.
(h)
Gaps shall be permitted in the visual screen to permit access to driveways and pedestrian ways and to otherwise permit visual access to the site in a manner that will enhance security and discourage trespassing.
(5)
Adult entertainment uses.
(6)
Uses determined by the City Council to be of similar nature to the prohibited uses listed in this section.
E.
Savings provisions for Industrial and Service Commercial zoned properties. Notwithstanding anything to the contrary contained in this § 230-21.1, Downtown Gateway District (DG) zoned properties that were previously zoned Industrial (1) or Service Commercial (SC) immediately prior to their rezoning to the Downtown Gateway (DG) classification may continue to be utilized in conformity with their prior zoning classification for a period of 10 years following the effective date of this § 230-21.1 (the "savings period") subject to the following conditions:
(1)
Only structures existing as of the effective date of § 230-21.1 may be utilized in a manner consistent with their prior Industrial (I) or Service Commercial (SC) zoning classification. No new structures shall be erected, and no existing structures expanded, except for uses permitted by the Downtown Gateway (DG) zoning classification. Notwithstanding the foregoing prohibition on the construction or expansion of new or existing structures, the Board of Adjustment shall have jurisdiction to approve, reject, limit or condition the installation of fencing or wall structures by special exception in situations where the Board determines special circumstances, privacy or security concerns exist that cannot be practically addressed through other reasonable alternatives. In making its determination, the Board of Adjustment shall consider, among other things:
[Amended 10-24-2019 by Ord. No. 520]
(a)
Whether the size or configuration of the proposed fence provides a reasonable fenced area for the owner’s proposed use or purpose without creating significant harm to adjacent properties or the neighborhood.
(b)
Wood, vinyl or iron fencing shall be preferred. Walls shall be constructed of brick or stone. Where chain-link or similar forms of security fencing are required they should be reasonably screened from the view of adjoining streets, open space and properties by landscaping which is primarily evergreen.
(c)
The height of the fence or wall must not exceed six feet. Any wall or fence must be constructed so the finished side (i.e., the side that does not contain the horizontal fence supports and the in-ground fence posts) faces adjacent streets and/or properties.
(d)
A fence or wall must be constructed so that it does not extend into the front yard of the property beyond the face of the building erected thereon.
(2)
Parking, signage and other bulk area regulations for the Industrial (I) and Service Commercial (SC) zones shall apply to Industrial (I) and Service Commercial (SC) uses permitted hereunder in the Downtown Gateway (DG) zone.
(3)
Outdoor uses permitted under the Industrial (I) or Service Commercial (SC) zoning classifications shall continue to be permitted during the savings period.
(4)
Properties and structures affected by this Subsection E may be used or developed for uses permitted under the Downtown Gateway (DG) zoning classification if not utilized within said ten-year period for uses permitted under their prior Industrial (I) or Service Commercial (SC) zoning classifications.
(5)
Properties may not be utilized for both Downtown Gateway (DG) permitted uses and Industrial (I) or Service Commercial (SC) uses at the same time pursuant to this subsection.
(6)
Industrial (I) or Service Commercial (SC) uses lawfully existing on properties rezoned to the Downtown Gateway (DG) classification and Industrial (I) or Service Commercial (SC) uses implemented during the ten-year savings period shall be considered permitted uses under this chapter throughout the savings period and shall thereafter be considered nonconforming uses.
(7)
Existing structures utilized for Industrial (I) or Service Commercial (SC) uses lawfully existing on properties at the time they are rezoned to the Downtown Gateway (DG) classification and existing structures utilized for Industrial (I) or Service Commercial (SC) uses implemented during the ten-year savings period shall be considered permitted structures under this chapter throughout the savings period and shall thereafter be considered nonconforming structures to the extent that such structures exceed the maximum height, or building coverage limitations or minimum setback requirements established by this chapter.
F.
Development standards. New construction for nonresidential, mixed and multifamily uses shall meet the following requirements:
(1)
Minimum lot size: 3,000 square feet.
(2)
Minimum lot width: 25 feet.
(3)
Build-to line. The build-to line for new construction shall be:
(a)
Built to the rear of sidewalk; or setback a maximum of 15 feet; or setback a maximum of 25 feet from the sidewalk for purposes of a plaza, square, courtyard or outdoor dining.
(b)
No parking shall be located in this area.
(c)
A minimum of 75% of the façade of any building along a public street must be constructed at the build-to line.
(d)
Sidewalk encroachment. Pedestrian-oriented features of buildings, such as entrance hoods, stoops, awnings, canopies, roof overhangs and arcades with unoccupied floor space above may encroach upon the sidewalk up to eight feet. In no case may such encroachments result in an obstruction to pedestrian movement. An unobstructed pedestrian passageway at least five feet wide must be maintained at all locations.
(4)
Side yard setback. There shall be no side yard setback required for buildings that share a party wall. The side yard setback for detached buildings shall be 10 feet.
(6)
Maximum impervious coverage: 80%.
(7)
Building height. Buildings shall be a maximum of 45 feet. Spires, cupolas, chimneys, parapets, antennas, water tanks, belfries, flag staffs, hose towers or other structures and mechanical apparatus placed above roof level, not intended for human occupancy and necessary for the operation of the permitted use, shall not be included in the measurement of vertical dimensions. Notwithstanding anything in this chapter to the contrary, for DG-zoned nonresidential, mixed and multifamily properties located in a federally designated one-hundred-year flood zone, building height shall be measured from the lower of the average finished ground level adjoining the building at exterior walls, or the one-hundred-year base flood elevation taken from FEMA's current Flood Insurance Rate Map data.
[Amended 7-8-2014 by Ord. No. 495]
(8)
Maximum building footprint for nonresidential buildings: 40,000 square feet.
G.
Design standards.
(1)
To ensure that all new development in the Downtown Gateway District will be pedestrian in scale and walkable, all development in the district shall meet the following design standards.
(2)
Building design standards. New construction shall meet the following requirements:
(a)
Building character. New development shall generally employ building types that are compatible to the existing architecture of the adjacent downtown area in their massing and external treatment.
(b)
Building orientation and entrances.
[1]
The front façade of buildings shall be oriented towards the street and sidewalk, with the primary entrance located in this front façade.
[2]
Buildings located on a corner lot shall be oriented to the primary street as determined by the City Codes Officer and orientation to both public streets is encouraged.
[3]
All primary building entrances shall be accentuated. Entrance accentuations may include recessed or protruding entrances and/or the use of canopies, porticos or overhangs.
(c)
Windows.
[1]
Windows should be appropriate to the architectural style, materials and detailing of the building. To the greatest extent possible, windows should be proportioned vertically.
[2]
The ground floor front façades of retail buildings shall include a minimum of 40% and a maximum of 75% or window with views provided through these windows into the business.
[3]
Upper story windows of front façades shall not be boarded or covered and façades shall include windows in the façade above the ground floor.
[4]
Upper story windows should be aligned with windows and doors on the first floor.
[5]
Smoked, reflective, opaque or black glass in windows is prohibited.
(d)
Roofs.
[1]
The following roof types are encouraged: gable, cross gable and flat roofs with a decorative cornice line or parapet.
[2]
Flat roofs shall be prohibited on one-story buildings but are allowed on buildings of two stories or more, provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building wall plane.
(e)
Façade articulation.
[1]
Façades shall have horizontal articulation elements. At a minimum, façades shall have the following horizontal elements: window sills, window lintels, protruding horizontal courses on each floor of the building and cornices. See Table 3.
[2]
Façades shall have a distinct base of at least 18 inches in height at ground level using materials that are different from the main façade such as stone, masonry or decorative concrete. See Table 3.
[3]
Façades shall have vertical articulation at a maximum distance of every 30 feet of continuous façade. Vertical articulation shall be created through changes in plane or building material for a minimum of one foot wide and protruding a minimum of two inches. See Table 3.
[4]
The top level should be treated with a distinct outline with elements such as projecting parapet, cornice or other projection. See Table 3.
[5]
To further articulate the building façade and increase architectural interest while facilitating all-weather comfort of pedestrians, continuous awnings (both permanent and retractable), canopies and building overhangs, including arcade structures with occupied space above, are strongly encouraged along the street frontages.
(3)
Design standards for improvements to and reuse of existing buildings. The City Council expects that where an applicant is improving or changing an existing structure to accommodate a change in use, the applicant will attempt to integrate any of the following design standards that are relevant to the improvements being completed. The applicant shall illustrate how a new use within an existing structure attempts to accommodate the following standards:
(a)
Locate primary building entrances toward the street.
(b)
Provide more than 25% transparent or translucent materials on each story below the roofline.
(c)
Locate parking to the side or rear of the principal building.
(d)
Utilize pedestrian scale façade articulation and changes in plane on all façades to distinguish each building story and imply regularly spaced storefronts between 20 feet to 40 feet.
Table 3: Illustrations of Façade Articulation | |
|---|---|
 |
 |
(4)
Surface parking standard.
(a)
General standards (in addition to the requirements of § 230-28).
[1]
Vehicular access. Vehicular access to surface parking shall be from an alley or the secondary street frontage where possible.
[2]
Pedestrian access. Safe provisions for pedestrian access to and through a parking lot shall be required. Pedestrian walkways through the surface parking shall connect to sidewalks along public streets.
(b)
Interconnected parking areas.
[1]
Parking areas on abutting nonresidential lots shall be interconnected by access driveways wherever possible.
[2]
Each parking lot shall provide cross-access easements for its parking areas and access driveways guaranteeing access to adjacent lots. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow.
(c)
The number of parking spaces shall be provided in accordance with § 230-28A(15), Parking and access, of the Zoning Ordinance.
(5)
Streetscape standards. All developments in the DG Districts shall be required to provide and maintain the following improvements along the entire length of all public streets on which they obtain frontage:
(a)
Public sidewalks shall have a minimum unobstructed width of 10 feet in commercial areas.
[1]
The Planning Commission may alter this if necessary if it is demonstrated that existing topographic conditions make this standard not feasible. However, the unobstructed width of a sidewalk shall not be less than five feet.
(b)
Street shade trees shall be planted at a maximum spacing of 40 feet on center. Street shade trees may be planted in tree pits, a minimum of four feet wide and six feet long, or in a continuous tree lawn, a minimum of three feet in width, located between the curb and the sidewalk.
(c)
Pedestrian-oriented lighting at a maximum spacing of 50 feet or as recommended by the manufacturer to achieve adequate levels of sidewalk illumination.
(d)
Benches and other street furniture at appropriate locations, subject to the review and recommendation of the Planning Commission and approval of City Council.
(e)
Bulbout plus stamped concrete paving to match brick borders in color, texture and size for properties at corner locations.
(6)
Signage. Signage within the DG Districts shall conform to the requirements of § 230-37 and the following additional standards:
(a)
All signs in the DG Districts shall be pedestrian-oriented and not distract from the overall appearance of the building.
(b)
All signs in the DG Districts shall be constructed of high-quality materials.
(c)
Lettering on awnings shall be limited to the vertical surface or edge.
(d)
Rooftop signs shall be prohibited.
(8)
Screening.
(a)
The purpose of a screen is to provide a visual barrier between unsightly or out-of-scale development features and the views from public streets and abutting properties.
(b)
All rooftop mechanical equipment and other appurtenances shall be concealed by or integrated within the roof form or screened from view at ground level of nearby streets. The following, when above the roofline, require screening: stairwells, elevator shafts, air-conditioning units, large vents, heat pumps, mechanical equipment and parked vehicles (in the case of rooftop parking). The screening of mechanical equipment shall not be subject to the maximum height requirements if it is unoccupied.
(c)
Service and loading areas, including dumpster, trash handling and recycling, outdoor storage, vehicle storage, loading docks and wall- or ground-mounted equipment, shall be located on the side or rear of the building and shall be visually screened from street and pedestrian ways with an opaque screen that may be composed of:
[1]
A brick or stone wall.
[2]
Wooden fence.
[3]
Vinyl fence designed to look like wood.
[4]
Planted vegetation, in which:
[a]
All evergreen trees to be installed shall not be less than six feet in height at the time of planting and shall be of such species that expected height at maturity shall not be less than 15 feet.
[b]
One hundred percent of required trees and at least 75% of required shrubs shall be evergreen species.
[c]
Shrub plantings shall be a minimum of three feet high upon installation, with an expected height of at least six feet at maturity; no unobstructed openings wider than four feet will be permitted.
[5]
Existing vegetation, if deemed suitable by the City Code Official, may be used in place of required landscaping.
[6]
A combination of these elements, which will meet the purpose of the requirement.
(9)
Outdoor dining.
(a)
Outdoor furnishings are limited to tables, chairs and umbrellas.
(b)
Planters, posts with ropes or other removable enclosures, as well as a reservation podium are encouraged and shall be used as a way of defining the area occupied by the cafe.
(c)
Refuse facilities shall be provided.
(d)
Advertising or promotional features shall be limited to umbrellas, menu signs, sandwich board signs and canopies.
(e)
Outdoor dining can not impede pedestrian traffic flow. A minimum pathway of at least five feet free of obstacles shall be maintained.
(10)
Fences. Chain link fence and strictly functional design fence is prohibited.
(11)
Ventilation equipment for restaurants, bars and taverns in buildings erected after the passage of this section shall be provided on the roof.
§ 230-22 Service Commercial District SC.
This district is intended to provide for commercial and service needs of a wide range of people. Establishments usually have access to a main highway and cater to persons who must drive in order to obtain goods and services. Intensity of development is relatively high.
A.
The following uses are permitted as a matter of right:
(1)
All uses as permitted in the Retail Commercial District RC.
(2)
Drive-in facilities, not to include drive-in theaters.
(3)
Motels.
(4)
Automobile, truck, marine equipment sales and service, not to include junkyards.
(5)
Car washes.
(6)
Truck and bus terminals.
(7)
Household moving and storage facilities.
(8)
Wholesale, storage and warehouse facilities.
(9)
Building equipment sales yard.
(11)
Public utility rights-of-way and structures may be permitted as special exceptions in accordance with §§ 230-38 230-57B of this chapter.
[Amended 12-9-1997 by Ord. No. 379]
(12)
Massage parlors which provide services on and/or off premises, adult bookstores and adult entertainment centers shall not be permitted within 1,000 feet of any property used solely for residential purposes. No massage parlors, adult bookstores and/or adult entertainment centers shall be permitted within 1,500 feet of each other.
[Added 6-7-1977 by Ord. No. 224]
(13)
Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted uses.
(14)
Mixed use buildings: buildings with first floor retail, personal service, or office uses, as described above, and residential apartments or condominiums or office uses on the upper floors. Residential density of upper floor apartments or condominiums in a mixed use building shall not exceed 10 units per acre. Each apartment or condominium shall have a private access separate from that of the commercial uses and at least 500 square feet of yard space, balcony, deck space or roof top area.
[Added 12-14-2004 by Ord. No. 429]
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[1] and Article V, Supplementary District Regulations, except for front yard setback, for which the following regulations are substituted:
[Amended 12-14-2004 by Ord. No. 429]
(1)
Build-to line. The build-to line for new construction in the SC District shall be 10 feet. Within the SC District, a minimum of 75% of the facade of a any building along a public street must be constructed at the build-to line.
(2)
Build-to line encroachment. Pedestrian-oriented features of buildings, such as one-story porches, entrance hoods, stoops, awnings, canopies, roof overhangs and arcades with occupied or unoccupied floor space above, may encroach beyond the build-to line up to eight feet. In no case may such encroachments result in an obstruction to pedestrian movement. An unobstructed pedestrian passageway at least eight feet wide must be maintained at all locations.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
D.
(Reserved)
E.
(Reserved)
F.
Design standards: to ensure that all new development in the SC District will be pedestrian in scale and walkable:
(2)
Parking location and design. Only the following types of parking shall be permitted in the SC District:
(3)
Building design and scale. Buildings, regardless of function or size should be designed to be pedestrian in scale. The design of large structures, especially multistory buildings, shall incorporate the following architectural treatments and features to modulate the mass of the building:
(a)
Wall planes. Long, blank, and windowless wall planes shall be avoided. Wall planes of over 50 feet, including separate buildings that are attached, shall incorporate window and door openings as well as building recesses and projections to articulate the buildings mass.
(b)
Roof planes. Long, uninterrupted roof planes shall be avoided. Long, uninterrupted roof planes shall incorporate changes in the roofline to articulate the building mass. Features such as dormers, chimneys, cupolas and towers may also be considered to further modulate large expanses of roof areas.
(c)
First floor treatment. The first floor of all buildings that contain retail, office and service uses shall incorporate a storefront design consistent with § 230-22F(4)(e).
(d)
Change in materials. Changes in facade materials may be utilized to further modulate long expanses of wall.
(4)
Building facades. The treatment of all facades visible to the public shall be consistent with the architectural design of the front facade. In a further effort to achieve a building massing that is pedestrian in scale, building facades shall be articulated using the following methods:
(a)
Base courses. All new buildings shall incorporate a base course that is a minimum of 18 inches to 24 inches in height or constructed to the sill level of storefront windows, whichever is higher.
(b)
Belt course. Belt courses and secondary cornice lines should also be provided to further articulate the building facade at the top of the first story on a multistory building.
(c)
Cornice line. A distinctive and/or projecting cornice line shall be provided at the top of all buildings. Decorative cornices, including architectural details such as brackets and moldings and other features, is strongly encouraged.
(d)
Windows. Windows should be appropriate to the architectural style, materials and detailing of the building. To the greatest extent possible, windows should be proportioned vertically. Upper story windows should be aligned with windows and doors on the first floor. Where windows cannot be constructed, simulated blank windows recesses should be provided and incorporate window frames, lintels, shutters, and other features. Displays windows may also be used to address blank, windowless walls.
(e)
Storefronts. The first floor of all buildings that contain retail, office, or service uses shall have continuous storefront windows. The bottom of storefront windows shall be no more than three feet above the sidewalk and shall be at least eight feet in height, but shall not exceed 75% of the facade area of the first floor. Shop fronts shall also not be more than one story in height. In the case of a corner building, shopfront windows shall be required on both facades.
(f)
Doors. Principal building entrances shall be provided at the street front of all buildings; however, secondary access to rear or internal parking areas is also permitted. Doors and entryways shall be defined by appropriate architectural treatments, such as pediments, porticoes, overhangs, and other appropriate features.
(g)
Awnings, canopies and arcades. To further articulate the building facade and increase architectural interest while facilitating all-weather comfort of pedestrians, continuous awnings (both permanent and retractable), canopies and building overhangs, including arcade structures with occupied space above, are strongly encouraged along the street frontages.
(5)
Roof types. The following roof types are encouraged: gable, cross gable and flat roofs with a decorative cornice line or parapet.
(6)
Building materials.
(a)
The following building materials are acceptable for exterior walls that are visible to the public: wood, brick, stone, stucco, glass, and concrete masonry units that have a dressed or textured finish.
(b)
The following building materials are unacceptable for exterior walls that are visible to the public: aluminum siding, vinyl siding, undecorated concrete masonry units, tilt-up concrete panels or highly reflective or mirrored glass.
(c)
The color of building materials shall be primarily earth-toned and natural and consistent with the overall historic context of the City. Highly reflective materials, high-intensity colors, and metallic colors and finishes are prohibited. Building trim and accents may incorporate brighter colors. Neon tube lighting may not be used for building trim or accent.
(7)
Streetscapes/landscaping. All developments in the SC District shall be required to provide the following improvements along the entire length of all public streets on which they obtain frontage:
(a)
Public sidewalks shall have a minimum unobstructed width of 10 feet in commercial areas.
(b)
Street shade trees shall be planted at a maximum spacing of 30 feet on center. Street shade trees may be planted in tree pits, a minimum of four feet wide and six feet long, or in a continuous tree lawn, a minimum of three feet in width, located between the curb and the sidewalk.
(c)
Pedestrian-oriented lighting at a maximum spacing of 50 feet or as recommended by the manufacturer to achieve adequate levels of sidewalk illumination.
(d)
Benches and other street furniture at appropriate locations, subject to the review and approval of the Planning Board.
(8)
Signage. All signage within the SC District shall conform to the requirements of § 230-27 and the following additional design standards:
(a)
All signs in the SC District shall be pedestrian-oriented and not distract from the overall appearance of the building.
(b)
All signs in the SC District shall be constructed of high-quality materials.
(c)
All signs in the SC District shall be indirectly illuminated with incandescent lighting.
(d)
Lettering on awnings shall be limited to the vertical surface or edge.
(e)
Internally illuminated plastic signboards are prohibited in the SC District.
(f)
Rooftop signs are prohibited.
(10)
Mechanical systems. All HVAC and mechanical equipment, whether roof-mounted or located on the ground shall be completely screened from public view by architectural enclosures, parapet walls, fences or walls.
(11)
Loading and utility areas. All loading and service areas shall be located to the rear or side of buildings. All loading and service areas shall be screened to the greatest extent possible from public views by walls, fences and landscaping to limit noise and odor.
§ 230-22.1 General Commercial District GC.
[Added 8-28-2001 by Ord. No. 401; 12-14-2010 by Ord. No. 473]
The General Commercial District is intended to provide for shopping, office and business needs for large segments of the City and surrounding regional area. It is required to be located on a major street, where feasible, and it is to be laid out in sufficient depth to permit and encourage an integrated commercial development.
A.
The following uses, whether temporary or permanent, are permitted as a matter of right:
(1)
All uses as permitted in the Telecommunication District TD;
(2)
All uses as permitted in the Service Commercial District SC, with the exception of residential uses;
(3)
Place of assembly, church or other places of worship;
(4)
Library;
(5)
Indoor and outdoor active recreational uses, such as bowling alley, game arcades, miniature golf or racecourses, golf or batting ranges, fairgrounds, outdoor stadiums, amusement parks and other similar uses;
(6)
Offices which are business, professional, and governmental in nature, including:
(a)
Business schools and computer and management training;
(b)
Technical and trade schools;
(c)
Other schools and instruction;
(d)
Educational support services;
(e)
Ambulatory health care services;
(f)
Social assistance;
(g)
Religious, grant-making, civic, and professional and similar organizations;
(h)
Government offices; and
(i)
Research and development facilities, where the facility generally resembles an office development and no finished product is manufactured therein.
(7)
Public or commercial parking lots and garages;
(8)
Bakeries, confectionery, candy, and other gourmet shops, at which goods for sale may be produced on the premises;
(9)
Eating and drinking establishments, including those with drive-in facilities, take-out service and sit-down service;
(10)
Hotels and motels, in which additional services to be provided may include a restaurant, meeting rooms, and recreational facilities;
(11)
Funeral home;
(12)
Commercial copy centers, photo developing and finishing;
(13)
Post office;
(14)
Gas station or other establishments that dispense motor fuel as a secondary use;
(15)
Building materials and home centers and dealers;
(16)
Theaters enclosed within a structure;
(17)
Sign painting and assembly;
(18)
Auction establishments;
(19)
Indoor or outdoor flea markets, fanners vegetable and other produce wholesale and retail establishments;
(20)
Real estate sales offices;
(21)
Health club, physical fitness and therapy centers;
(22)
Display and sale of mobile homes and manufactured housing;
(23)
Institutions of an educational, religious, medical (including hospitals), charitable, philanthropic or governmental nature;
(24)
Schools, including private and public, elementary and secondary, public vocational high schools, places of worship with schools, and on-site student housing facilities.
(25)
Colleges, including universities, professional schools and on-site student housing facilities;
(26)
Cemeteries;
(27)
Conference centers with no lodging, conference centers with accessory lodging comprising less than 20% of the floor area and available only to conference participants;
(28)
Day-care centers for all ages, preschools and all other public or private indoor institutional uses serving the neighborhood. Unless approved by the Board of Adjustment pursuant to § 230-21C, day-care centers and preschools are subject to the following requirements:
(a)
Outdoor play or activity areas shall be fenced or otherwise enclosed on all sides, and shall consist of developable lands, but shall not include driveways, parking area or drop-off areas.
(b)
An on-site vehicle turnaround, or separate entrance and exit points, as well as passenger loading/unloading areas, shall be provided.
(c)
No portion of such facility shall be located within 500 feet of any gasoline pumps, underground gasoline storage tanks or other storage of explosive materials, package store, bar or tavern, or other similar incompatible uses.
(d)
When the facility is located in a shopping center or shares parking and/or access with other commercial uses other than office uses, the parking areas and drop-off areas shall function independently of and be physically separate from the general parking and circulation pattern of the other stores or businesses. The day-care facility shall be in either the end unit of the multiple occupancy building or a separate structure.
(29)
Institutional residential facilities designed to accommodate more than four persons. These uses include:
(a)
Convents or monasteries, and nursing homes.
(b)
Sheltered care facilities or group living facilities where the residents live in an institutional environment and are generally under the care or control of staff. All sheltered care, group care, and group homes, except emergency shelters and residential substance abuse facilities where total occupancy is more than eight, shall be considered institutional residential use. The residents would be members of an institution, or would have institutional care, or would be treated by staff in an institutional setting rather than living independently.
(c)
Institutional housing where there is commercial rental or condominium ownership combined with any of the following: common food service, nursing, or health care.
(d)
Dormitories and other on-site student housing facilities, fraternities, or sororities.
(30)
Public service facility including emergency service facilities, e.g., ambulance, fire, police, rescue;
(31)
Veterinary services and kennels;
(32)
Commercial greenhouse, nursery and garden center;
(33)
Retail stores and shops of all types including indoor and/or outdoor storage, display, sale, rental or repair of products, goods and merchandise;
(34)
Other retail and service. These are retail and/or service activities that have exterior service or storage areas including, but not limited to:
(a)
Special trade contractors;
(b)
Miniwarehouses and self-storage units;
(c)
Automobile, truck, boat, motorcycle, trailer and RV rental;
(d)
Commercial industrial machinery and equipment rental;
(e)
Automotive paint and body shops;
(f)
Commercial and industrial repair;
(g)
Building, development and general contracting;
(h)
Marina and associated uses; and
(i)
Outdoor display and sale of prefabricated garden sheds and other similar outdoor structures, including picnic tables and play equipment.
(35)
Temporary uses.
(a)
Temporary storage, office or classroom modular units or trailers for periods not to exceed three years.
(b)
Contractor's office. This includes watchman's trailers, construction equipment sheds, contractor's trailers and similar uses incidental to a construction project. Sleeping and/or cooking facilities may also be permitted.
(c)
Public interest and special events. Public interest includes outdoor gatherings, auctions, art sales, and bake sales for the benefit of the community, or community, service or nonprofit organization. Special events may include, but are not limited to, outdoor concerts, auctions, carnivals, circuses, outdoor religious meetings, and special entertainment at commercial properties. Such uses often travel to various communities or involve noisy events regardless of purpose. The activity shall be permitted only during hours when the facility's parking would not be used for the primary use's high-traffic-generation activities. The special event or activity is limited to no more than six times per year, and each event shall be no longer than 14 days; and
B.
The following uses may be permitted as special exceptions upon approval of the Board of Adjustment in accordance with § 230-57B of this chapter:
(1)
Any other commercial, office, or business or residential use not permitted as a matter of right which would not be inconsistent with the intent of this section.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations.
§ 230-23 Light Industrial - Office District LIO.
[Added 6-5-1984 by Ord. No. 259]
This district is intended to provide for light industrial and office uses within the city, in a landscaped setting, with limitations as to lot coverage, setbacks, etc.
A.
The following uses are permitted as a matter of right:
(1)
Offices for professional services and administrative activities.
(2)
Laboratory, medical or dental.
(3)
Industrial research or testing laboratories; book or periodical publishing; manufacture of precision instruments, such as medical, dental and drafting instruments, optical goods, watches and clocks, industrial instruments. Similar uses may be permitted pursuant to approval by the Board of Adjustment as special exceptions, according to the provisions of § 230-57B of this chapter.
(4)
Marijuana product manufacturing facilities and marijuana testing facilities. Marijuana cultivation facilities and retail marijuana stores are prohibited uses and will not be permitted.
[Added 3-12-2024 by Ord. No. 543[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(4) through (6) as Subsection A(5) through (7)
(6)
Public utility rights-of-way and structures may be permitted as special exceptions in accordance with §§ 230-38 230-57B of this chapter.
[Amended 12-9-1997 by Ord. No. 379]
(7)
Accessory uses and structures clearly incidental and customary to and associated with the operation of the permitted uses.
B.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[2] and Article V, Supplementary District Regulations.
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 230-24 Industrial Office Park IOP.
[Added 5-19-1993 by Ord. No. 345; amended 12-9-1997 by Ord. No. 379; 3-27-2002 by Ord. No. 403]
This district is intended to provide for industrial and office uses within the City, in a landscaped setting, together with convenient retail and personal service establishments. No area initially shall be zoned for IOP unless the proposed development has been subjected to restrictive covenants in form and content satisfactory to The Mayor and Council of the City of New Castle, which restrictive covenants shall provide for architectural review, landscaping standards, a maintenance corporation and such other covenants, conditions or restrictions as may be appropriate to insure the orderly development of the area to be zoned as IOP.
A.
The following uses are permitted as a matter of right:
(1)
Offices for professional services and administrative activities.
(2)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing, handling or storage of products or materials.
(3)
Packaging, storage, warehousing and distribution.
(4)
Research, experimental, testing, diagnostic and/or development laboratories.
(5)
Manufacture and assembling of electronic equipment, appliances and mechanical instruments.
(6)
Retail/personal services establishments designed primarily to provide daily service to occupants and users of the immediately surrounding area, such as drugstore, bookstore, florist shop, newspaper and periodical establishment, clothes-cleaning and pressing pickup agency, stationery store, travel agency, insurance agency, and with a gross floor area not in excess of 7,000 square feet, and provided that the same is located within a building that is intended for at least 50% of the gross floor area to be utilized for a use permitted in Subsections A(1), (3), (4) and/or (5) above.
(7)
Retail food store, such as bakery, bakery- restaurant, candy store, delicatessen, but excluding the preparation of goods for resale off the premises, and with a gross floor area not in excess of 7,000 square feet, and provided that the same is located within a building that is intended for at least 50% of the gross floor area to be utilized for a use permitted in Subsection A(1), (3), (4) and/or (5) above.
(8)
Restaurant, including service of alcoholic beverages, but excluding drive-in restaurant.
(9)
Day-care center, kindergarten, preschool or day nursery school, which provides daytime care or instruction for children 11 years of age or under, subject to the following special requirements:
(a)
At least 50 square feet of outdoor play space per child shall be provided.
(b)
Outdoor play space for children shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet.
(10)
Parking lot or parking garage.
(11)
Blue printing, photostatting, photo processing and other business service retail establishments with a gross floor area not in excess of 7,000 square feet, and provided that the same is located within a building that is intended for at least 50% of the gross floor area to be utilized for a use permitted in Subsection A(1), (3), (4) and/or (5) above.
(12)
Banks and other financial institutions.
(13)
Health club, physical fitness and sports therapy center.
(14)
Marijuana product manufacturing facilities and marijuana testing facilities. Marijuana cultivation facilities and retail marijuana stores are prohibited uses and will not be permitted.
[Added 3-12-2024 by Ord. No. 543[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(14) through (17) as Subsection A(15) through (18).
(15)
Accessory uses and structures clearly incidental and customary to and commonly associated with operation of any of the permitted uses.
(16)
Ancillary (to any of the above) recreational uses, such as jogging paths, fitness trails, picnic areas and ball fields.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[2] and Article V, Supplementary District Regulations.
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
D.
Anything to the contrary in any ordinance of The Council of The Mayor and Council of the City of New Castle notwithstanding, the following shall govern all construction in an Industrial Office Park IOP zone:
(1)
Buildings may be constructed on land eight feet National Geodetic Vertical Datum (NGVD) elevation or above, provided that no occupied finished floor of any building shall be constructed below 11 feet NGVD. Filling to achieve acceptable access and/or to raise the finished surface of the lowest floor is permitted within the one-hundred-year floodplain (as defined in Ordinance No. 338[3]).
(2)
Utilities are permitted to be installed below the one-hundred-year floodplain. Filling for utility rights-of-way is permitted within the one-hundred-year floodplain.
(3)
Roads, parking lots and garages and grading for the same are permitted within the one-hundred-year floodplain. Parking lots and driveways shall be permitted at or above an elevation of six NGVD.
(4)
Ancillary recreational uses are permitted within the one-hundred-year floodplain.
(5)
Subject to compliance with any applicable federal or state laws, rules or regulations, no retention or detention of stormwater is required in areas which will discharge directly to the Delaware River.
E.
In addition to the requirements of Subsection C above, all development in the IOP District shall be subject to the following floor area ratio requirements:
[Added 12-14-2004 by Ord. No. 429; amended 3-12-2024 by Ord. No. 543]
Land Use Set Forth in Subsection | Maximum Net Floor Area Requirement | |
|---|---|---|
A(1) | 0.35 | |
A(2) through (5) | 0.50 | |
A(6) through (18) | N/A | |
B(1) | ||
Office | 0.35 | |
Industrial | 0.50 | |
Retail/Commercial | N/A | |
F.
In addition to the requirements of Subsection C above, all development in the IOP District shall be subject to the following open space requirement:
[Added 12-14-2004 by Ord. No. 429; 3-12-2024 by Ord. No. 543]
Land Use Set Forth in Subsection | Minimum Open Space Requirement | |
|---|---|---|
A(1) | 35% | |
A(2) through (5) | 15% | |
A(6) through (18) | N/A | |
B(1) | ||
Office | 35% | |
Industrial | 15% | |
Retail/Commercial | N/A | |
§ 230-25 Industrial District I.
This district is intended to provide for industrial expansion within the city. Industrial uses which may be objectionable or have adverse effects upon surrounding existing or future development are not permitted.
A.
The following uses are permitted as a matter of right:
(1)
Offices for professional services and administrative activities.
[Added 7-26-1988 by Ord. No. 305]
(2)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing handling or storage of products or materials.
(3)
Printing, publishing, binding.
(4)
Packaging, storage, warehousing.
(5)
Truck terminals.
(6)
Research, testing and development laboratories.
(7)
Firms manufacturing textiles, clothing, hosiery.
(8)
Manufacture of electronic equipment, appliances and mechanical instruments.
(9)
Marijuana product manufacturing facilities and marijuana testing facilities. Marijuana cultivation facilities and retail marijuana stores are prohibited uses and will not be permitted.
[3-12-2024 by Ord. No. 543[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(9) through (12) as Subsection A(10) through (13).
(12)
Massage parlors which provide services on and/or off premises, adult bookstores and adult entertainment centers shall not be permitted within 1,000 feet of any property used solely for residential purposes. No massage parlors, adult bookstores and/or adult entertainment centers shall be permitted within 1,500 feet of each other.
[Added 6-7-1977 by Ord. No. 224]
B.
The following uses may be permitted as special exceptions upon approval of the Board of Adjustment in accordance with § 230-57B of this chapter:
[Amended 12-8-2015 by Ord. No. 504]
(1)
Public utility rights-of-way and structures are permitted in accordance with § 230-38 of this chapter.
(2)
Retail sales of goods and products which are assembled, converted, altered, finished, cleaned, processed, handled or stored at the site, provided that no more than 10% of the gross floor area of the structure involved may be devoted to retail sales.
(3)
Any other industrial use not permitted as a matter of right which would not violate the intent of this section.
C.
The foregoing uses and structures are subject to the requirements as set forth in the Schedule of District Regulations[2] and Article V, Supplementary District Regulations.
[2]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
D.
In addition to the requirements of Subsection C above, all development in the I District shall be subject to the following floor area ratio requirements:
[Added 12-14-2004 by Ord. No. 429]
Land Use Set Forth in Subsection | Maximum Net Floor Area Requirement |
|---|---|
A(1) | 0.35 |
A(2), (3), (4) | 0.50 |
A(5), (7), (8) | 0.60 |
B(2) | 0.50 |
§ 230-25.1 Telecommunications District TD
[Added 4-14-1998 by Ord. No. 381]
A.
This district is intended to provide for and accommodate the needs of the telecommunications industry. The district is large enough to accommodate several uses.
C.
The following standards are applicable to all telecommunications facilities.
(1)
No tower shall be higher than 150 feet.
(2)
The towers shall be designed and constructed to all applicable standards of the American National Standards Institute ANSI/E1A-222-E Manual, as amended, and such other recognized standards as the Building Official may require.
(3)
No new towers shall be permitted unless the applicant has demonstrated to the reasonable satisfaction of the Building Official that use of existing telecommunications towers would not result in satisfactory service for the applicant.
(4)
All communications towers will be monopole construction, unless the applicant establishes to the reasonable satisfaction of the Building Official that accepted engineering principles and considerations made such construction impractical.
(5)
The communications tower owner shall notify the City immediately upon cessation or abandonment of the operation. The communications tower owner has 90 days in which to dismantle and remove all structures from the property or provide for other disposition of the tower subject to the approval of the Building Official.
(6)
Communications towers are exempt from the Schedule of District regulations but are subject to individual determination by the City when located on city-owned property.
(7)
If measurable radio interference with other users does result from the installation and use of the telecommunications facility, the owner of the facility shall be required to eliminate such interference within 30 days after notice of the problem. If such interference cannot be eliminated, then the one causing the interference shall be eliminated.
(8)
The applicant must have a license from the Federal Communications Commission or other approved federal authority.
(9)
Required parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
(10)
Identification signs by the tower shall not be illuminated, and no sign shall be located higher than 10 feet from ground level. Any blinking or rotating light on the tower shall be screened so as not to throw its light below the horizontal plane in which it is located.
D.
Notwithstanding anything else contained in this chapter, the Board of Adjustment shall have jurisdiction and authority to grant a special exception to permit "telecommunications facilities" (as defined in § 230-1 of the Code), excluding freestanding telecommunications towers or monopoles, in any zoning district other than the Historic Residence District and the Historic Commerce District subject to the following limitations, requirements and conditions:
[Added 9-5-2017 by Ord. No. 511]
(1)
The applicant must demonstrate a significant need for the facility by proving a significant gap in cellular phone coverage.
(2)
The applicant must demonstrate that there are no co-location options available to support the proposed telecommunications facilities.
(3)
No telecommunications "tower" (as defined in § 230-1 of the Code) or monopole facility shall be permitted by virtue of special exception under this section.
(4)
The applicant must provide screening or other stealthing of the telecommunications facilities acceptable to the Board of Adjustment.
(5)
All special exception applications for telecommunications facilities shall require prior review and recommendation by the Planning Commission.
E.
Every owner of privately owned property maintaining telecommunications facilities approved by the Board of Adjustment under this section shall be subject to an annual licensing fee for each telecommunications carrier maintaining telecommunications facilities on such property in an amount as Council shall determine by resolution.
[Added 9-5-2017 by Ord. No. 511]
§ 230-26 Floodplain District; establishment; delineation.
[Added 6-7-1977 by Ord. No. 222]
A.
Establishment of the Floodplain District. The Floodplain District shall include all areas subject to inundation by the waters of the one-hundred-year flood. The source of this delineation is the Flood Insurance Study as proposed by the Federal Insurance Administration. The Floodplain District shall be deemed an overlay on any existing or hereafter established zones or districts within the city.
B.
The delineation of the Floodplain District may be revised, amended or modified by the Council in compliance with the National Flood Insurance Program when:
C.
All such changes shall be subject to the review and approval of the Federal Insurance Administrator.
§ 230-27 Special use restrictions for the Floodplain District.
A.
In the floodplain the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances and regulations, including Chapter 102, Building Construction, Article I, Issuance of Permits, Chapter 130, Floodplain Management, and Chapter 213, Subdivision of Land. For any mobile home park or subdivision within the floodplain, the owner or operator of the mobile home park or subdivision shall file with the disaster preparedness authorities of New Castle County and the City of New Castle an evacuation plan which indicates alternate vehicular access routes and escape routes.
[Amended 12-9-1997 by Ord. No. 379]
B.
In the floodplain, no modification, alternation, repair or new construction of buildings, structures, fill or any combination of these shall be permitted which would impair its ability to carry and discharge floodwaters or increase the water surface elevation of the one-hundred-year flood more than one foot, except where the effect on flood heights is fully offset by stream improvements.
§ 230-27.1 Short Term Rentals.
[Added 11-10-2025 by Ord. No. 555R]
Short term rentals in residential dwellings shall be permitted only in the R-1, R-2, R-3, HR, HC, RC, DG, SC and GC districts and shall be subject to the following requirements:
A.
Licensing. Prior to any residential dwelling being used as a short term rental, the owner of the property shall register the property as a short term rental, and shall obtain a City of New Castle Business License (§ 156-3 et seq.) and a Rental Housing Business License (§ 140-38). The City Building Inspector (or his or her designee) shall perform a life safety inspection prior to any property being rented or used or offered as a short term rental. The fee for a life safety inspection shall be set from time to time by resolution of City Council. Following a passing life safety inspection, and upon submission to the City proof of liability insurance exceeding $1,000,000, the City shall issue a short term rental license to the owner, provided that all other requirements of this section and the New Castle City Code are satisfied. A short term rental license shall be for two years and shall indicate the maximum occupancy of the dwelling. For renewal of a short term rental license, a new life safety inspection shall be required. The form of short term rental application, and the components of life safety inspection shall be established by the Building Inspector, in conjunction with the City Administrator. No rental license shall issue if the applicant owes outstanding fines, fees or taxes to the City. Short term rental licenses are not transferable, and if the property is sold or conveyed during the term of a rental license, the new owner shall be required to obtain a new rental license.
B.
Local contact. Each short term rental license application shall provide the e-mail and phone number of a local contact that is the owner or authorized agent for the short term rental. Contact information for the authorized owner or authorized agent must be on file with the City during the entire term of the short term rental license and failure to keep such information current shall be grounds for revocation of the license. For purposes of this section, a "local contact" is a real person that resides within 10 miles of the City of New Castle and is responsible for the short term rental. The local contact shall be available 24 hours a day to accept telephone calls from the City, and if requested, respond physically to the short term rental within a reasonable period of time, not to exceed two hours when the short term rental is occupied by guests. It shall be the responsibility of the local contact to ensure that the short term rental guests comply with all City and State laws and ordinances.
C.
Interior placard. The following information shall be made conspicuously visible inside the short term rental: the property's rental identification number and information on maximum occupancy, contact information for the local contact, emergency numbers, the location of fire extinguishers, waste and recycling pickup schedule, rules for bin placement, and times for bin removal from the street.
D.
Building requirements. Short-term rental dwellings shall meet all applicable building, health, fire, and related safety codes at all times, including:
(1)
That each short-term rental shall have single- or multiple-station smoke alarms installed and maintained regardless of occupant load at all of the following locations:
(a)
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms;
(b)
In each room used for sleeping purposes;
(c)
In each story within a dwelling unit, including basements, but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
(2)
That each short-term rental shall have carbon monoxide alarms in dwelling units which shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom.
(3)
Combination carbon monoxide and smoke alarms shall be permitted to be used in lieu of carbon monoxide alarms.
(4)
That each short-term rental has a properly maintained and charged fire extinguisher in each short-term rental unit;
(5)
That where a short-term rental has receptacles within six feet of the outside edge of any sink, said receptacles are GFCI;
(6)
Each short term rental shall have a Knox Box which shall be accessible by the Good Will Fire Company.
E.
Prohibitions. The following prohibitions apply to short term rentals:
(1)
The use of short term rentals to host commercial activities is prohibited;
(2)
Short term rentals shall not be operated outdoors, in a recreational vehicle, or in any non-residential structure;
(3)
No more than 1% of the total residential parcels in each of the R-1, R-2, R-3, and HR zoning districts shall be issued short term rental licenses under this § 230-27.1; provided, however, that at least two short term rental units shall be permitted in each district. There is no limitation on the number of residential parcels in each of the HC, RC, DG, SC, and GC zoning districts eligible for short term rental licenses.
F.
Violations and penalties. Any violation of this Chapter 230 or any other provisions in the City Code may subject a violator to any remedy, legal or equitable, available to the City.
(2)
Operation violations include:
(a)
Use of the short-term rental for commercial/fundraising activities;
(b)
Failure to maintain required records;
(c)
Failure to ensure short-term rental guests comply with the requirements of the City Code;
(e)
Failure of local contact to satisfactorily respond to or resolve complaints;
(f)
Failure to comply with any disaster or emergency orders;
(3)
The following fines and penalties may be assessed for short-term rental violations.
(a)
The short-term rental fines shall be assessed at an amount not less than $100 and not more than $500 per violation. For the first violation, the City may elect to issue a written warning in lieu of a fine. If there are two violations of the same offense or the sum of four violations of more than one type of offense during the term of the rental license, the City may immediately revoke the short-term rental license. The City has discretion to extend these deadlines for violations of Subsection F(2)(h) above for good cause.
(b)
Each day a violation continues will constitute a separate violation.
(c)
Nothing contained herein shall be construed to limit the legal remedies available to any other person for the correction of violations of this chapter and the correlating provisions in the City Code. All violations shall be cumulative.