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New Castle City Zoning Code

ARTICLE V

Supplementary District Regulations

§ 230-28 Off-street parking and loading requirements.

[Amended 6-5-1984 by Ord. No. 259; 5-3-1988 by Ord. No. 302; 5-19-1993 by Ord. No. 345; 12-9-1997 by Ord. No. 379; 6-9-1998 by Ord. No. 383; 8-10-1999 by Ord. No. 388; 8-28-2001 by Ord. No. 401; 4-24-2002 by Ord. No. 405; 12-14-2004 by Ord. No. 429; 7-11-2006 by Ord. No. 431; 7-11-2006 by Ord. No. 433; 8-13-2013 by Ord. No. 479; 2-13-2024 by Ord. No. 544; 11-10-2025 by Ord. No. 555R]
A. 
There shall be provided, at the time of construction, alteration, enlargement or change in use of any main building or structure, minimum off-street parking spaces, allowing a minimum area for each parking space as set forth in § 230-1 of this chapter, plus adequate provisions for ingress and egress as follows:
(1) 
Residential structures:
(a) 
Single-family detached dwellings: two spaces per unit, except infill units in the HC and HR Districts which add no more than two dwelling units.
(b) 
Two-family dwellings: two spaces per unit, except infill units in the HC and HR Districts which add no more than two dwelling units.
(c) 
Semidetached dwellings: two spaces per unit, except infill units in the HC and HR Districts which add no more than two dwelling units.
(d) 
Attached dwellings: two spaces per unit, except infill units in the HC and HR Districts.
(e) 
Multifamily dwellings and residential components of mixed-use buildings: two spaces per unit.
(f) 
In the HR and HC Districts, an addition, modification or alteration which adds no more than two dwelling units shall not require parking spaces to be added on the site.
(g) 
In the HR and HC Districts, an addition, modification or alteration of less than 480 square feet to a dwelling unit constructed before January 1, 2005, shall not require parking spaces to be added on the site.
(2) 
Hotels and motels: one space for each guest room or suite. If an eating or drinking facility is provided, additional parking shall be required at 1/2 the amount as would normally be required for such eating or drinking establishment.
(3) 
Hospitals or similar welfare institutions: one space per every 800 square feet of floor space.
(4) 
Clubs and lodges: one space for each 400 square feet of floor space, except in the Residential R-3 District, where one space for every 50 square feet of floor space shall be required for new clubs; provided, however, that any project involving the alteration, addition or modification of an existing structure housing a club or lodge shall not be approved if it would result in a net loss of existing parking places at the project location.
(5) 
Places of worship and other public buildings, including funeral parlors and casket sales offices, the operations of which commenced on or after January 1, 1997: one space per 200 square feet of floor space or one space per five seats.
(6) 
Bowling alley: four spaces per lane.
(7) 
Retail commercial uses, including eating and drinking establishments: in the Retail Commercial and Service Commercial Districts at least three square feet of parking space shall be required per square foot of floor area.
(8) 
Offices: in the Retail Commercial, Service Commercial and Light Industrial - Office Districts at least one square foot of parking space shall be required for each square foot devoted to office use.
(9) 
Physician's office: three spaces or as required for offices, whichever is greater.
(10) 
Manufacturing, warehousing and wholesale uses: one space for each two employees in the largest working shift.
(11) 
Schools: one space per 15 seats or students.
(12) 
Bed and Breakfast: one off-street parking space for each guest room or suite.
(13) 
In an Industrial Office Park - IOP District:
(a) 
Retail stores, all types: one space per 200 square feet of floor area used or designed for sales on ground floor, plus one space per 300 square feet of floor area used or designed for sales on all other floors plus one space for each two employees.
(b) 
Personal services, all types: one space per 200 square feet of gross floor area.
(c) 
Banks and other financial institutions: one space per 200 square feet of gross floor area.
(d) 
Business, governmental and professional offices: one space per 300 square feet of gross floor area.
(e) 
Health club, physical fitness and sports therapy center: one space for each 150 square feet of gross floor or building area devoted to such use.
(f) 
Restaurants: one space per three seating accommodations, plus one space per two employees on shift of greatest employment.
(g) 
Day-care center, kindergarten, preschool or day nursery school: one space per adult attendant, plus one space per 500 square feet gross floor area devoted to such uses.
(h) 
Industrial, manufacturing and/or wholesaling establishment: one space per two employees on the shift of greatest employment, plus one space per 200 square feet of floor area devoted to sales.
(i) 
Unless otherwise provided for above in this subsection, parking requirements shall be the least intensive requirement for any such use as provided for in any District in § 230-28 of this chapter.
(14) 
In a General Commercial District:
(a) 
Except as otherwise provided in this section as to retail uses of all types: one space per 250 square feet of floor area.
(b) 
Parking requirements for specific uses are as follows:
[1] 
Personal service, all types: one space per 250 square feet of floor area.
[2] 
Banks and other financial institutions: one space per 250 square feet of floor area plus six stacking spaces per drive-in window.
[3] 
Business, governmental, medical and professional offices: one space per 300 square feet of floor area;
[4] 
Health club, physical fitness and sports therapy center: one space for each 150 square feet of floor or building area devoted to such use.
[5] 
Restaurants.
[a] 
Drive-in, fast-food and takeout restaurants: one space per 75 square feet of floor area plus parking for one-quarter of the area of outdoor seating.
[b] 
Other restaurants: one space per 110 square feet of floor area.
[6] 
Furniture, appliance and carpet stores: five spaces minimum plus one space per 1,000 square feet of floor area.
[7] 
Funeral homes: one space per 125 square feet of floor area.
[8] 
Post Office: one space per 200 square feet of floor area.
[9] 
Theaters: one space per four seats.
[10] 
Auction establishment, flea market, farmers market, vegetable and other produce wholesale or retail establishments: one space per 1,000 square feet of outdoor display areas or one space per 250 square feet of inside floor area, whichever is greater.
[11] 
Fire station: four spaces per bay plus one space per 200 square feet of public assembly area.
[12] 
Library or museum: 3.5 spaces per 1,000 square feet of floor area plus 0.75 space per 1,000 square feet of public assembly area.
[13] 
Nursing homes: 0.33 space per bedroom.
[14] 
Day-care, kindergarten, preschool: 3.5 spaces per 1,000 square feet of floor area
[15] 
Group homes, institutional, residential, monasteries and convents: 0.75 space per bedroom.
[16] 
Rooming and boarding houses: 1.25 spaces per guestroom.
[17] 
Police station: 4.0 spaces per 1,000 square feet of floor area.
[18] 
Shopping center: 4.5 spaces per 1,000 square feet of floor area.
[19] 
Gas station, automotive service and repairs: 1.5 spaces per 1,000 square feet of floor area or four spaces per bay, whichever is greater.
[20] 
Carwashes (single car, automatic bay): 2.0 spaces per 1,000 square feet of floor area plus six stacking spaces per bay plus one space for drying.
[21] 
Carwashes (multiple car, automatic bay): 4.0 spaces per 1,000 square feet of floor area plus 12 stacking spaces per bay plus two spaces for drying.
[22] 
Carwash (self-wash bay): three spaces per bay.
[23] 
Veterinary services, pet grooming: 3.5 spaces per 1,000 square feet of floor area.
[24] 
Kennels: five spaces minimum plus 0.5 space per 1,000 square feet of floor area.
[25] 
Automobile, boat, mobile dwelling unit, truck, trailer, outdoor equipment and machinery sales: five spaces minimum plus one space per 1,000 square feet of floor and ground area devoted to sales, service, display and storage.
[26] 
Building materials: 2.0 spaces per 1,000 square feet of floor area plus five spaces minimum.
[27] 
Golf course: three spaces per hole.
[28] 
Golf driving range or rifle range: one space per station;
[29] 
Parks, playground: one space per 5,000 square feet of area.
[30] 
Equestrian facilities: one space per four stalls, plus one space per 2,000 square feet of inside riding area.
[31] 
Outdoor swimming pool: one space per 400 square feet of pool surface area.
[32] 
Outdoor tennis courts: three spaces per court.
[33] 
Athletic fields: 15 spaces per field plus one space per four permanent seats.
[34] 
All other outdoor active recreation uses: one space per 10,000 square feet of area.
[35] 
All other outdoor passive recreation uses: five spaces minimum plus one space per acre for areas less than 50 acres or one space per three acres for areas over 50 acres.
[36] 
Indoor swimming pool: one space per 100 square feet of pool surface area.
[37] 
Indoor court games: three spaces per court.
[38] 
Community center, auditorium, stadium, gymnasium and other similar uses: one space per 200 square feet of floor space or one space per five seats.
[39] 
All other indoor recreation uses: one space per 200 square feet of floor space or one space per five seats.
[40] 
Outdoor commercial court games: three spaces per court plus one space per four permanent seats.
[41] 
Outdoor commercial arenas: one space per three seats.
[42] 
All other outdoor commercial amusement uses: five space minimum plus one space per 1,500 square feet of area.
[43] 
Indoor commercial amusement parks: special study.
[44] 
Pool rooms: two spaces per pool/billiard table.
[45] 
Indoor skating rinks: one space per 100 square feet of skating surface.
[46] 
Other indoor commercial amusement uses: six spaces per 1,000 square feet of floor area.
[47] 
Warehouse, storage establishment, wholesaling establishment: five space minimum plus 0.5 spaces per 1,000 square feet of floor area.
(c) 
Any use for which the parking requirements are not specified in this Subsection A(14) shall have required parking equal to the parking requirements provided for in Subsections A(1) through A(12) inclusive.
(d) 
The number and minimum dimensions of handicapped parking spaces shall comply with the requirements found in the Americans with Disabilities Act (ADA).
(15) 
In a Downtown Gateway District:
(a) 
Parking requirements for specific uses are as follows:
[1] 
Bank:
[a] 
Two per indoor teller window.
[b] 
One per walk-up ATM.
[2] 
Bar or tavern: one per 100 square feet of patron floor, plus one per employee on largest shift.
[3] 
Convenience store: one space per 250 gross square feet of floor area.
[4] 
Office: no parking is required for the first 400 gross square feet; one space per each additional 300 gross square feet.
[5] 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(15)(1)[5], regarding apartments, was repealed 2-13-2024 by Ord. No. 544.
[6] 
Bed-and-breakfast: one off-street parking space for each guest room or suite.
[7] 
Hotel: one space per rental unit, plus one space per 250 square feet of gross floor area in common or public use (lobby, bar, meeting rooms, etc.), plus one per employee on the largest shift.
[8] 
Restaurant:
[a] 
Fast food: no parking is required for the first 300 square feet of patron floor area; one space is required per each additional 75 square feet of patron floor area, plus one per employee on the largest shift.
[b] 
Other: no parking is required for the first 400 square feet of patron floor area; one space is required per each additional 200 square feet of patron floor area, plus one per employee on the largest shift.
[9] 
Retail, personal services: no parking is required for the first 450 gross square feet of space devoted to sales/service; one space is required for each additional 300 gross square feet of space devoted to sales/service, plus one per employee on the largest shift.
[10] 
Theater: one per six seats.
[11] 
Indoor amusements: one per 200 square feet of gross floor area.
[12] 
Studios: one per 800 square feet minimum; one per 300 square feet maximum.
[13] 
Private or fraternal clubs: one per 150 square feet above the first 2,400 square feet.
[14] 
Religious institution: one per five seats.
[15] 
Government uses, community center, libraries: one per 850 square feet of gross floor area.
[16] 
Home occupation: one space per employee; one space per 100 gross square feet of floor area dedicated to the home occupation for those home occupations with a visiting clientele.
[17] 
Gallery and museum: one space per 850 square feet.
(b) 
Maximum parking. No more than 120% of the required minimum parking is permitted.
(c) 
Shared parking. The following provisions shall replace those of § 230-28F for development in the Gateway Districts:
[1] 
Users shall be required to show shared parking is reasonably close to each use (see Subsection A(15)(c)[4], Walking distance).
[2] 
Shared parking agreement (two businesses) or district (more than two businesses) which involves contractual agreement between users is required. A shared parking agreement allows users an opportunity, if they choose, to redesign parking lots to be more efficient in serving multiple users. This may consist of making new curb cuts between parking lots, restriping lots, or redesigning internal traffic circulation and pedestrian walkways.
[3] 
The minimum amount of shared parking required shall be calculated according to the following formula (see Table 1):
[a] 
Calculate the minimum amount of parking required for each land use as if it were a separate use.
[b] 
To determine peak parking requirements, multiply the minimum parking required for each proposed land use by the corresponding percentage in the table below for each of the six time periods.
[c] 
Calculate the column total for each of the six time periods.
[d] 
The column (time period) with the highest value shall be the minimum parking requirement.
Table 1
Shared Parking Calculations
Uses
Monday to Friday
Saturday and Sunday
8:00 a.m. to 6:00 p.m.
6:00 p.m. to 12:00 midnight
12:00 midnight to 8:00 a.m.
8:00 a.m. to 6:00 p.m.
6:00 p.m. to 12:00 midnight
12:00 midnight to 8:00 a.m.
Residential
60%
100%
100%
80%
100%
100%
Office
100%
10%
5%
5%
5%
5%
Commercial
90%
80%
5%
100%
60%
5%
Hotel
70%
100%
100%
70%
100%
100%
Restaurant
70%
100%
10%
70%
100%
20%
Movie theater
40%
80%
10%
80%
100%
10%
Entertainment
40%
100%
10%
80%
100%
50%
Institutional (nonreligious institution)
100%
40%
5%
10%
10%
5%
Religious institution
20%
40%
5%
100%
50%
5%
[4] 
Walking distance:
[a] 
Less than 100 feet: people with disabilities, deliveries and loading, emergency services, fast-food restaurant, and convenience store.
[b] 
Less than 800 feet; residents, grocery stores, professional services, and medical clinics.
[c] 
Less than 1,200 feet: general retail, restaurant, employees, entertainment center, and religious institutions.
[d] 
Less than 1,600 feet: major sport or cultural event and overflow parking.
B. 
Parking space as required above shall be located on the same lot with the main buildings or within walking distance of the main building.
C. 
Except in the General Commercial District, off-street loading space shall be provided for every hospital, institution, hotel, commercial or manufacturing use or building hereafter erected or enlarged on a lot which has an area of 2,500 square feet or more in the amount of one permanent loading space not less than 12 feet wide and 50 feet in length for each 10,000 square feet of lot area or fraction thereof, above 2,500 square feet upon which the building is being built.
D. 
In the General Commercial District, loading area shall be no less than 12 feet wide and 50 feet deep. If the loading area is covered, minimum height clearance of 14 feet is required.
(1) 
Loading area requirements for uses in the GC district are as follows:
(a) 
For retail stores, shopping centers, supermarkets, restaurants, and storage warehouses, the number of bays shall be provided as follows:
[1] 
One bay for buildings with 3,500 to 8,000 square feet of floor area.
[2] 
Two bays for buildings with 8,001 to 20,000 square feet of floor area.
[3] 
One additional bay for each additional 20,000 square feet of floor area, not to exceed four bays required in total by this Subsection D(1)(a).
(b) 
For office buildings, automobile dealerships, motels and hotels, the number of loading bays shall be provided, as follows:
[1] 
One bay for buildings with 8,000 to 20,000 square feet of floor area.
[2] 
One additional bay for each additional 50,000 square feet of floor area, not to exceed three bays required in total by this Subsection D(1)(b).
(2) 
At no time shall any part of the truck extend into a public thoroughfare or right-of-way.
E. 
Driveways for residential districts. The driveway width within the front yard setback shall be a minimum of eight feet and shall not exceed the following maximum width:
(1) 
A property with a frontage of less than 16 feet shall have only one driveway with a width of eight feet.
(2) 
A property with a frontage of over 16 feet to 30 feet shall have only one driveway with a maximum width of eight feet or not more than 40% of the width of the property frontage.
(3) 
A property with a frontage of over 30 feet to 50 feet shall have a maximum width of 12 feet or not more than 40% of the width of the property frontage. When more than one driveway approach serves a given frontage, the total width may be divided between two driveways. The combined width of the driveways shall not exceed the maximum and in no case shall a driveway width be less than eight feet.
(4) 
A property with a frontage of over 50 feet to 75 feet shall have a maximum width of 22 feet. When more than one driveway approach serves a given frontage, the total width may be divided between two driveways. The combined width of the driveways shall not exceed the maximum and in no case shall a driveway width be less than eight feet.
(5) 
A property with a frontage of over 75 feet shall have a maximum width of 24 feet. When more than one driveway approach serves a given frontage, the total width may be divided between two driveways. The combined width of the driveways shall not exceed the maximum and in no case shall a driveway width be less than eight feet.
F. 
A shared parking arrangement may be used for every new nonresidential or mixed use development that contains two or more land uses that have peak parking demands that occur at different times of the day. Where new development is proposed within 500 feet of an existing land use with a noncompeting peak parking demand, a shared parking arrangement may also be utilized. Parking requirements for nonresidential and mixed use developments may be reduced to 60% of the amount otherwise required when a shared use parking arrangement is established.
G. 
All parking areas for multifamily residential and nonresidential developments shall be developed according to the following design standards:
(1) 
The perimeter of all parking areas that are visible from a public street shall be visually screened. Such screening shall be subject to the review of the Planning Commission and may take the following (or combination of the following) forms:
(a) 
Solid brick walls 26 inches in height.
(b) 
A combination of steel ornamental fencing and a continuous evergreen hedge. Fences and hedge plantings shall be 26 inches in height.
(2) 
A minimum of 10% of the parking area shall be landscaped area. Internal landscaping shall include shade tree plantings and landscaping of traffic islands. At a minimum, one four-inch caliper shade tree must be provided for every five parking spaces in any off-street parking area. The design of parking area landscaping shall be subject to review and approval by the Planning Commission.
(3) 
The Planning Commission may reduce the required landscaped area to 5% of the parking area where:
(a) 
The visual impacts of the parking area are not detrimental to surrounding uses; and
(b) 
Larger caliper trees and intensive landscape treatments using native or indigenous plants are provided.
H. 
Off-street loading and service areas for all multifamily residential and nonresidential developments shall be designed according to the following standards:
(1) 
All loading and building service areas shall be visually and auditory screened from residential uses and public streets or views by a combination of architectural enclosures, walls, solid fences, and landscaping. Architectural enclosures or walls shall be complementary to the architecture of the principal structure.
(2) 
Loading and building service areas shall be oriented away from residential areas.
(3) 
The design of all parking area loading and service area landscaping and screening shall be subject to the review and approval of the New Castle City Planning Commission.

§ 230-28.1 Parking lots in residentially zoned districts, Historic Residence District and Historic Commerce District.

[Added 7-31-2017 by Ord. No. 510]
The Board of Adjustment shall have jurisdiction and authority to grant a special exception to permit uncovered, ground-level public or commercial parking lots, including the alteration or expansion of public or commercial parking lots existing on the date of this section, in residentially zoned districts, the Historic Residence District and the Historic Commerce District by means of a special exception granted by the Board of Adjustment subject to the following limitations, requirements and conditions:
A. 
No multifloor parking garages shall be permitted.
B. 
Visual screening in the form of walls, fencing and/or landscaping to reasonably shield said use from public rights-of-way and adjacent properties must be provided.
C. 
Chain link and barbed wire fencing shall be prohibited.
D. 
Walls shall be constructed of brick or stone.
E. 
Planted vegetation shall consist predominantly of evergreen vegetation.
F. 
Gaps may be permitted in the visual screen to permit access to the public or commercial parking lot by vehicles and pedestrians and to permit visual access to the site in a manner that will enhance security.
G. 
All special exception applications for parking lot usage shall require prior review and recommendations from the Planning Commission before being submitted to the Historic Area Commission or the Board of Adjustment.
H. 
For public or commercial parking lots proposed for the Historic Residence District or the Historic Commercial District, the Historic Area Commission shall have reviewed and approved the application prior to submission to the Board of Adjustment.

§ 230-29 Visibility at intersections in residential districts.

On a lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.

§ 230-30 Stripping of topsoil.

No topsoil shall be stripped, excavated or otherwise removed for use other than in connection with the construction or alteration of a building on such premises and excavations and grading incidental thereto.

§ 230-31 Height regulations.

The height restrictions in the Schedule of District Regulations[1] do not apply to spires, cupolas, chimneys, antennas, water tanks, belfries, flag staffs, hose towers or other structures placed above roof level, not intended for human occupancy and necessary for the operation of the permitted use.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 230-32 Front yard adjustment.

The front yard required for a dwelling in an R-2 and R-3 District may be reduced in the case of a dwelling located between two dwellings which lack the required front yard and which are less that 100 feet apart. In such a case the front yard depth shall be no less than that of the deeper of the adjoining front yards.

§ 230-33 Accessory buildings.

A. 
An accessory building may be located in any required side or rear yard, provided that:
(1) 
Such building shall not exceed 15 feet in height.
(2) 
Such buildings shall be set back at least five feet from any property line and shall be located 10 feet or more from the principal building.
[Amended 12-9-1997 by Ord. No. 379]
(3) 
All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear and side yard.
B. 
Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side line or rear line of contiguous lots.

§ 230-34 Satellite dishes or earth station dish antennas.

[Added 7-7-1987 by Ord. No. 294]
A. 
Satellite dishes or earth station dish antennas, defined as devices to receive communications or similar signals from orbiting satellites or other extraterrestrial sources and related signal amplification and cable equipment and conventional television antennas designed to receive television signals from other than orbiting satellites are deemed necessary buildings and shall be permitted in rear yards (one per lot) of all districts, except the Historic Districts, not nearer than five feet to any lot line, and in side yards subject to the applicable side yard requirements, with evergreen screen, wall or solid fence so as to obscure its visibility from abutting properties and from the street, at a point five feet above grade level.
B. 
Rooftop installation of this equipment may be permitted if it is not on the front of the roof and complies with the requirements of the building code related to structures.
C. 
Such equipment shall not be erected to a height of 15 feet or more above ground level or the place where it is mounted to a building.
D. 
Once installed the equipment and landscaping shall be maintained in good condition.
E. 
All equipment shall be installed in accordance with the equipment of any applicable building code and manufacturer's specification.

§ 230-35 Suitability for development.

[Amended 11-12-2024 by Ord. No. 548]
A. 
No lot may be created where the aggregate usable non-wetland area, whether tidal or non-tidal, on the proposed lot is less than 20% of the proposed lot.
B. 
Any tract or parcel of land upon which a use is to be located must be physically suitable for development in the manner proposed. No request shall be granted for any permit or certificate which may result in the creation of hazards to structures, inhabitants or any property or person from probability of flooding, erosion, subsidence or slipping of the soil or other dangers, annoyances or inconveniences. Condition of the soil, groundwater level, drainage, rock formation and topography shall be appropriate to both kind and pattern of use intended. In instances where, in the administrative official's opinion, there is doubt as to the suitability for development, he may require the applicant to submit engineering data supporting the application.

§ 230-36 Performance standards.

The following standards are applicable to all structures and uses. The purpose of these standards is to regulate any use which may be objectionable through the emission of smoke, odor, fumes, gases, dust, fly ash, vapors or other forms of air pollution, noise, vibration, fire, explosive, radioactive hazards, electromagnetic disturbance and any other element that may have an adverse effect on any person, structure or use. Provisions for administration of these standards are set forth in § 230-46 of this chapter.
A. 
Fire and explosion hazards. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point.
B. 
Air pollution.
(1) 
Smoke density. No smoke from any source of combustion, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air, except that a density described as No. 2 in the Ringelmann Chart may exist for a total of not more than three minutes in any fifteen-minute period of time when building a new fire or combustion equipment breakdown occurs. (The Ringelmann Chart, as published and used by the Bureau of Mines, United States Department of the Interior, is hereby adopted and made a part of these regulations.)
(2) 
Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to persons, animals, vegetation or other forms of property or which can cause any excessive soiling, at any point, and in no event any emission from any chimney or otherwise of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.
C. 
Emission of heat, glare, radiation, fumes or odors. Every use shall be so operated that it does not emit an obnoxious, offensive or detrimental (to health or property) degree of heat, glare, radiation, fumes or odors at any point beyond any lot line of the lot on which the use is located.
D. 
Vibration generated. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible at any point beyond any lot line of the lot on which the use is located.
E. 
Volume of sound generated. Every use shall be so operated that the volume of sound inherently and recurrently generated by any use shall not exceed the standards set forth below as measured along any lot line of the lot on which the use is located.
(1) 
Sound levels shall be measured with a sound-level meter and associated octave band filter manufactured according to the most recent standards prescribed by the American Standards Association.
(2) 
The maximum permitted sound pressure levels, in decibels, for the designated octave bands shall be as set forth in the following table:
Octave Band Frequency Cycles
per second
Maximum sound-pressure level in decibels with reference to 0.0002 microbar sound pressure
Daytime 7:00 a.m to 10:00 p.m
Nighttime 10:00 p.m to 7:00 a.m
20 to 75
70
65
75 to 150
56
52
150 to 300
47
42
300 to 600
42
37
600 to 1,200
37
32
1,200 to 2,400
33
28
2,400 to 4,800
31
25
4,800 to 10,000
29
24
Corrections to be made for noise not radiated continuously or of special character:
Type of Operation or Character of Noise
Correction
(decibels)
Noise source operates less than 20% of any one-hour period
Plus 51
Noise source operates less than 5% of any one-hour period
Plus 101
Noise source operates less than 1% of any one-hour period
Plus 151
Noise of impulsive character (hammering, etc.)
Minus 5
Noise of periodic character (humming, screech, etc.)
Minus 5
NOTES:
1Apply one of these corrections only.
F. 
Electrical disturbance. Every use shall be so operated that no electrical disturbance (except from domestic household appliances) shall adversely affect the operation at any point of any equipment other than that of the creator of such disturbance.

§ 230-37 Signs.

Any sign erected, placed, attached, altered, reconstructed or modified after the adoption or amendment of this chapter shall conform to the following regulations:
A. 
Signs permitted in the Open Space and Recreation District shall be limited to the following:
(1) 
An unlighted on-site sign not to exceed 50 square feet in area identifying any structure or use permitted by right or a special exception.
(2) 
An unlighted real estate sign not to exceed 50 square feet in area.
B. 
Signs permitted in the Residential Districts R-1, R-2 and R-3 shall be limited to the following:
[Amended 12-14-2004 by Ord. No. 429]
(1) 
An unlighted real estate sign not exceeding 15 square feet in area.
(2) 
An unlighted on-site sign not to exceed four square feet in area shall be permitted in conjunction with a permitted use.
(3) 
An unlighted on-site sign not to exceed 25 square feet in area identifying an apartment structure having a minimum of 100 feet of street frontage.
(4) 
An unlighted on-site sign not to exceed 25 square feet in area shall be permitted in conjunction with an approved special exception.
C. 
Signs permitted in the Historic Residence District shall be limited to the following:
(1) 
An unlighted real estate sign not to exceed six square feet in area.
(2) 
A sign not to exceed two square feet in area which shall identify a residential structure having historical significance.
(3) 
An unlighted on-site sign six square feet in area in conjunction with any use permitted as a matter of right or as a special exception.
D. 
Signs permitted in the Historic Commerce District shall be limited to the following:
(1) 
An unlighted real estate sign not to exceed six square feet in area.
(2) 
An on-site sign not to exceed 12 square feet in area.
E. 
Signs permitted in the Retail Commercial District shall be limited to the following:
(1) 
An unlighted real estate sign not to exceed 20 square feet in area.
(2) 
An on-site sign not to exceed 10 square feet of area for each 10 linear feet of street frontage; however, no such sign may exceed 100 square feet nor need be smaller than 50 square feet.
[Amended 9-7-1982 by Ord. No. 252]
F. 
Signs permitted in the Service Commercial District shall be limited to the following:
(1) 
An unlighted real estate sign not to exceed 20 square feet in area.
(2) 
An on-site sign not to exceed ten square feet of area for each ten linear feet of street frontage; however, no such sign may exceed 100 square feet not need be smaller than 50 square feet.
G. 
The provisions of § 230-37E and F of the Code of the City of New Castle shall not apply to a General Commercial District, in which district signs shall be limited to the following:
[Added 8-28-2001 by Ord. No. 401[1]]
(1) 
An unlighted real estate sign not to exceed 64 square feet in area.
(2) 
A sign or signs attached to one or more walls or the roof of a building containing a total area of not more than the greater of 300 square feet or 20% of the area of the exterior perimeter of the walls of the building or three square feet per linear foot of building footprint perimeter.
(3) 
Single-faced or double-faced ground signs subject to the following requirements:
(a) 
Not more than one ground sign with an area of not more than 150 square feet (on each side) on a lot or parcel with buildings containing less than 20,000 square feet.
(b) 
Not more than one ground sign with an area of not more than 300 square feet (on each side) on a lot or parcel with buildings containing 20,000 square feet or more.
(c) 
In addition to Subsection G3(a) and 3(b) above, for every 150,000 square feet of floor area in a commercial complex containing one or more interrelated lots, not more than two ground signs with not more than 500 square feet (on each side) for each ground sign.
(4) 
In addition to the signs permitted above, each lot may have not more than six on-site informational signs, including, but not limited to, menu boards and directional signs bearing advertising matter, each such sign not to exceed 50 square feet (on each side).
(5) 
No illuminated roof, wall or ground sign shall be located within 200 feet of property in the OS&R, AH, R or HR District unless such sign is located within 200 feet of a signalized intersection or the illuminated side of such sign faces away from the adjoining OS&R, AH, R or HR Zoning District.
[1]
Editor's Note: This ordinance also redesignated former Subsections G, H and I as Subsections H, I and J respectively.
H. 
Signs permitted in the Light Industrial - Office District shall be limited to the following:
[Added 6-5-1984 by Ord. No. 259]
(1) 
An unlighted real estate sign not to exceed 20 square feet in area.
(2) 
For professional or administrative or research manufacturing uses, as permitted, one nameplate per use, not to exceed two square feet in area, to be mounted on the ground or on a wall, at least 25 feet from any street line; plus one bulletin board per building used for such uses, not to exceed 20 square feet in area, to be mounted on the ground or on a wall, at least 25 feet from any street line; plus one on-site sign per building used for such uses, not to exceed 35 feet in area, to be mounted on the ground or on a wall, at least 25 feet from any street line.
I. 
Signs permitted in the Industrial District and Industrial Office Park District shall be limited to the following:
[Amended 5-19-1993 by Ord. No. 345]
(1) 
An unlighted real estate sign not to exceed 50 square feet in area.
(2) 
An on-site sign not to exceed 15 square feet in area for each ten linear feet of street frontage; however, such sign shall not exceed 200 square feet in area.
J. 
In determining the linear feet of street frontage, a business shall be allowed the entire street frontage for the lot of record on which it is located.
[Added 9-7-1982 by Ord. No. 252]
K. 
Signs permitted in the Downtown Gateway District shall be limited to the following:
[Added 8-13-2013 by Ord. No. 478]
(1) 
Number of signs per property.
(a) 
A maximum of two signs are permitted per property with one street frontage.
(b) 
A maximum of three signs are permitted per property with more than one street frontage.
(2) 
Signs requiring permits.
(a) 
Wall signs.
[1] 
No wall sign shall project more than 12 inches beyond the building.
[2] 
Wall signs shall not exceed 15% of the front first-story façade. Individual wall signs are allowed for each separate business or tenant; however, the total wall sign area shall not exceed 15% of the front first-story façade.
(b) 
Projecting signs.
[1] 
Projecting signs shall be no lower than eight feet above grade.
[2] 
The maximum sign area shall not exceed 10 square feet.
[3] 
The maximum height of the projecting sign shall not exceed the eave line or top of the parapet wall of the principal building, whichever is lower.
(c) 
Window signs. Window signs shall not exceed 15% of the total glass area of the window.
(d) 
Awning signs.
[1] 
Awnings shall be traditional fabric awnings and not plastic backlit awnings.
[2] 
Sign lettering and/or logo shall be limited to 10% of the awning.
[3] 
A minimum height of seven feet from the lowest point to the sidewalk is required.
(e) 
Freestanding signs.
[1] 
Freestanding sign supports shall be made of wood or metal.
[2] 
Freestanding signs shall not exceed 20 square feet.
[3] 
Signs shall not exceed six feet in height.
(f) 
Marquee signs.
[1] 
Marquee signs shall not exceed 150 square feet.
[2] 
Marquee signs shall maintain a vertical clearance of 10 feet above grade.
(g) 
Monument signs.
[1] 
Monument signs should be constructed out of materials that complement the building structure.
[2] 
Signs shall not exceed 20 square feet.
[3] 
Signs shall not exceed six feet in height.
[4] 
Monument signs shall have landscaping around the sign base.
(3) 
Signs not requiring permits.
(a) 
Building identification signs. Building identification signs shall not exceed two square feet, bearing only the building name, property number, and/or street address.
(b) 
Directional signs. Directional signs shall not contain advertising, not exceed four square feet, and not obstruct the sight triangles at internal intersections on the premises.
(c) 
Menus and signs indicating business hours.
[1] 
Signs shall not exceed two square feet.
[2] 
Signs shall be located in a permanently mounted display box on the façade of the building adjacent to the entrance, displayed within a window adjacent to the entrance, or at a podium that will be placed inside the restaurant upon closing.
[3] 
Signs shall not be affixed with adhesive tape or other semipermanent mounting technique.
(d) 
Sandwich board signs.
[1] 
Signs shall not exceed eight square feet.
[2] 
Signs are permissible along the sidewalk, provided that a minimum walking distance of five feet shall be maintained to allow for a pathway for pedestrians.
[3] 
Signs shall be taken indoors at the close of each business day.
[4] 
Sandwich boards shall be weighted at the base so that the sign cannot be moved by strong winds; however, no sign shall be chained, tied, or otherwise affixed to any object, structure, or the ground.
[5] 
Only one sandwich board sign will be permitted in front of the business it advertises.
(4) 
Sign illumination.
(a) 
The use of flashing, pulsating, or moving lights shall be prohibited.
(b) 
Back-lit, halo-lit illumination, or reverse channel letters with halo illumination are recommended.
(c) 
External illumination should be unobtrusive (i.e., gooseneck lighting).
(d) 
External lighting should be shielded to avoid glare.
(e) 
Back-lit box signs shall be prohibited.
L. 
Regulation of signs along streets and highways.
[Added 1-9-2018 by Ord. No. 513]
(1) 
No person shall paint or attach signs or other obstructions to any utility pole without exception. No person shall paint or attach signs or other obstructions to any street light poles, tree, fence, post, rock, structure or the ground in public rights-of way within the City, except as follows:
(a) 
Any sign installed by the City or the State of Delaware.
(b) 
Accessory signs permitted under the City's zoning and building codes, subject to the approval of the City Administrator or Code Official where applicable.
(c) 
Signs denoting the time and place of meetings of civic organizations, subject to the approval of the City Administrator.
(d) 
Temporary political, educational, charitable, civic, religious, or nonadvertising directional signs. All such signs shall be removed by the person, institution, or organization that installed them as soon as their purpose is accomplished, and in case of political signs erected in connection with a pending election, removed within 10 days following the election.
(e) 
Temporary signs no larger than four square feet in size advertising yard sales, open houses or house for sale. All such signs shall be removed by the person, institution, or organization that installed them as soon as their purpose is accomplished.
(f) 
Temporary, detached signs advertising retail establishments placed on sidewalks directly in front of the establishment provided they are removed daily and do not obstruct pedestrian traffic.
(2) 
The violation of any of the provisions of this § 230-37L shall be unlawful and shall subject such violator to a fine not exceeding $500. Each day such violation shall continue shall constitute a separate offense.

§ 230-38 Public utilities.

Public utility rights-of-way and structures may be permitted as follows:
A. 
Telephone, electric, water, sewer and gas lines, with necessary accompanying and incidental equipment for local distribution, are permitted as a matter of right in any district.
B. 
Hydroelectric lines; dams; power plants; transmission line; substations; pumping and boosting stations; pipelines; telecommunications facilities; administrative, construction, maintenance and storage facilities; and water and sewage treatment facilities may be permitted as a special exception in any district; provided, however, that all facilities must be owned by an entity which is a public utility as defined in 26 Del. C. S101 (2) or is owned or operated by state or local government or an agency thereof. All other pipelines transporting explosive, toxic or flammable hazardous materials are banned from the City limits of New Castle.
[Amended 2-5-1980 by Ord. No. 241; 4-14-1998 by Ord. No. 381]
C. 
Telecommunications facilities may be permitted pursuant to this section as a special exception in any district except in all Residential (Historic, R-1, R-2 and R-3) and Historic Commercial Districts. All applications for telecommunications facilities are subject to the approval of the Board of Adjustment. In considering such applications, the standards set out in § 230-25.1 of the Zoning Code shall be considered minimum standards.
[Added 4-14-1998 by Ord. No. 381]
D. 
All permitted telephone. electric. and transmission lines. with necessary accompanying and incidental equipment for local distribution. shall be below ground.
[Added 3-10-2020 by Ord. No. 525]
E. 
Aerial wireline facilities of any type. with necessary accompanying and incidental equipment for local distribution. may be permitted pursuant to this section as a special exception granted by the Board of Adjustment in only the following districts: Service Commercial (SC): General Commercial (GC): Industrial (I): Light Industrial-Office (LIO): Industrial Office Park (IOP). All applications for aerial wireline facilities are subject to the approval of the Board of Adjustment. In considering such applications. the standards set out in § 230-25.1 of the Zoning Code shall be considered minimum standards.
[Added 3-10-2020 by Ord. No. 525]

§ 230-39 Planned development.

The purpose of these provisions is to permit and encourage, under appropriate design control, diversification and flexibility in the type, location and size of site for residential buildings, in order to make the most advantageous use of the terrain, to facilitate the protection and preservation of scenic beauty, to foster the creation of common open spaces, to avoid monotony and so that there may be a broad range of choice as to the kinds of housing accommodations available within neighborhoods. In applying these provisions, no development shall be permitted which would be inconsistent with the intent and purposes of this chapter or contrary to the city's General Comprehensive Plan.
A. 
Within any residence district or combination of residence districts, in the case of land capable of subdivision under the applicable district regulations, the Planning Commission may authorize deviation from the district regulations relating to lot size, lot area per family, lot width, lot depth, front, rear and side yard requirements and may allow any one or a combination of the types of residential structure permitted by this chapter within the city, provided that all of the requirements contained in Subsections B and C are fulfilled.
B. 
Requirements in order to permit deviation from district regulations in case of planned development:
(1) 
Land covered by development plan must be contiguous.
(2) 
Land covered by development plan must be in single ownership or, if in multiple ownerships, be covered by binding agreements acceptable to the City Attorney to ensure conformity to the plan upon approval.
(3) 
The development plan shall be processed under and conform to Chapter 213, Subdivision of Land, subject to such additional requirements and safeguards as may be called for in this chapter or as the Planning Commission may deem appropriate in order to fulfill the intent of this chapter and city's General Comprehensive Plan.
(4) 
In the event that the land covered by the development plan is in excess of 40 acres, at the periphery of the planned development within a band of 100 feet, no departure from the district regulations may be permitted.
[Amended 7-9-1996 by Ord. No. 375]
(5) 
Within the boundaries covered by the planned development, the average land area per family calculated in accordance with Subsection C shall be no less than the minimum required for the district. Where the planned development lies within more than one residence district, the minimum average land area required shall be prorated according to the percentage of land in each district. Where the planned development also includes land within an OS&R District, the minimum average land area per family shall be considered the same as for the abutting land in the planned development with a residential classification.
(6) 
In the event that the land covered by the development plan is in excess of 40 acres, within the boundaries of the planned development the distance between any two separate principal buildings shall be no less than the height of the taller or the distance which would be required under the district regulations for like buildings, whichever is greater.
[Amended 7-9-1996 by Ord. No. 375]
C. 
Determination of average land area per family. The average land area per family shall be determined by dividing the total area within the planned development by the number of dwelling units to be provided subject to the exclusions and adjustments set forth in Subsection C(1), (2) and (3) below.
(1) 
The following shall be excluded from calculation in determining the average land area per family:
(a) 
Streets and street rights-of-way, public or private.
(b) 
Sites for nonresidential uses other than open space, scenic or recreational use.
(c) 
Parcels of such size as to be capable of further subdivision under the district regulations unless the possibility of such subdivision is eliminated either by deed restriction or agreement acceptable to the City Attorney and duly recorded in the office for the recording of deeds of New Castle County, by transfer of development rights to the City of New Castle or by dedication and acceptance for park purposes.
(2) 
For the purpose of determining the average land area per family in the case of multiple-family structures, an apartment containing no more than one bedroom or room suitable for such use shall be considered as 1/2 of a dwelling unit, an apartment containing two bedrooms or rooms suitable for such use shall be considered as 3/4 of a dwelling unit and an apartment containing three or more bedrooms or rooms suitable for such use shall be considered as one dwelling unit.
(3) 
In determining the average land area per family, any land dedicated to and accepted by the City of New Castle or other public agency for recreational use or enjoyment by the general public shall be included in the calculation as though it were twice its actual acreage.

§ 230-39.1 Marijuana-related businesses.

[Added 3-12-2024 by Ord. No. 543]
No marijuana-related businesses shall be permitted in any zoning district within the city, except as explicitly provided in this chapter.

§ 230-40 Fences.

[Added 5-2-1978 by Ord. No. 237; amended 12-9-1997 by Ord. No. 379]
Fences may be permitted as follows:
A. 
A solid fence which, in the interpretation of this section, shall be deemed to include any fence or wall which blocks more than 80% of the light or air from either side, may be erected:
(1) 
In the Open Space and Recreation District (OS&R); Residential Districts R-1, R-2 and R-3, provided that any such fence shall be not more than six feet high above the ground on either side. Any such fence erected shall be subject to the minimum front yard provisions as set forth in the Schedule of District Regulations incorporated by reference herein.[1]
[Amended 6-7-1978 by Ord. No. 237A]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(2) 
In the Retail Commercial District (RC) and Service Commercial District (SC), provided that any such fence shall be not more than six feet high above the ground on either side. Any such fence erected shall not be subject to the minimum yard provisions as set forth in the Schedule of District Regulations incorporated by reference herein.
(3) 
In the Industrial District (ID), provided that any such fence shall be not more than nine feet high above the ground on either side. Any such fence erected shall not be subject to the minimum yard provisions set forth in the Schedule of District Regulations incorporated by reference herein.
B. 
A fence less than 1/4 solid may be erected in any district. Any such fence erected in any district shall not be subject to the minimum yard provisions as set forth in the Schedule of District Regulations, incorporated by reference herein. Any such fence erected in any residential district or in the Open Space and Recreation District shall be not more than four feet high above the ground on either side. Any such fence erected in any commercial district shall be not more than six feet high above the ground on either side.
C. 
No fence or other structure deemed by the administrative official to be designed primarily to cause annoyance or damage to adjoining property shall be permitted.
D. 
All fences in the historic residential or historic commercial districts shall be subject to the approval of the Historic Area Commission.