The purpose of this Article is to regulate the land uses in each zoning district, including setting standards for limited and special uses, parking, loading, and signage related to specific uses.

(Ord. No. 97-172, § 3(ch. 13, div. 03.000), 12-31-1997)

All land uses or structures shall be permitted in districts only as indicated in this Division. Permitted uses must occur within the parcel boundaries subject to the use regulations provided in this Chapter. All permitted uses shall also include accessory uses and structures as defined in this Chapter. No use prohibited in a district shall be permitted under any circumstances. The following symbols are used in Table 40.03.110.

A.

"Y" indicates a permitted use, where the use is permitted as a matter of right, subject to all performance standards.

B.

"N" indicates a prohibited use.

C.

"L" indicates a use permitted only if a limited use is approved pursuant to Section 40.31.210. The limited use review determines whether the locational, design, or other criteria of Table 40.03.210, Division 40.03.300 and other sections of this Chapter have been met for the proposed site or specific land use. Not all properties may meet these requirements, thus limiting the sites upon which the use may be established. Where the limited use standards apply to only a specific use, all other uses in the general use category are permitted by right and without the need for limited use review. Limited use approval must be issued by the Department certifying compliance before the limited use is lawfully permitted.

D.

"S" indicates a use permitted only if a special use is approved per Sections 40.31.140 and 40.31.430. The use must conform to the locational, design, or other conditions of Table 40.03.210 and Division 40.03.300. Not all properties may meet these requirements, thus limiting the sites upon which the use may be built.

E.

"A" indicates a use permitted as an accessory use. These uses must meet the standards established in Division 40.03.400.

(Ord. No. 97-172, § 3(ch. 13, div. 03.100), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, div. 03.100), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 09-037, § 1, 10-13-2009; Ord. No. 18-020, § 2, 7-10-2018)

Table 40.03.110 lists the type of uses permitted in each district. Refer to Division 40.33.200 for definitions of the various use categories and their components. Should a use not be identified in Table 40.03.110, an interpretation pursuant to Section 40.31.520 can be requested. Table 40.03.522 lists the specific parking requirements for several general uses listed in Table 40.03.110. Limited and special use standards are contained in Table 40.03.210 and Division 40.03.300. See Article 4 for district, lot, bulk and other standards.

Notes:
¹ Refer to Article 25 for design standards for TN District.
² Refer to Section 40.02.241 for identification of permitted residential uses by specific NC zoning districts.
³ See Division 40.25.100 for Village and Hamlet Standards.

(Ord. No. 97-172, § 3(ch. 13, § 03.110), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 03.110), 9-22-1998; Ord. No. 98-080, § 1(ch. 13, § 03.110), 9-22-1998; Ord. No. 99-012, § 1, 3-23-1999; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 99-142, § 1, 5-9-2000; Ord. No. 00-065, § 1, 10-24-2000; Ord. No. 00-138, § 1, 3-27-2001; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 02-075, § 1(Exh. A), 10-22-2002; Ord. No. 04-003, § 1, 3-9-2004; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 05-087, § 2, 10-25-2005; Ord. No. 05-130, § 1, 2-28-2006; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 07-089, § 1, 9-25-2007; Ord. No. 07-124, § 1, 12-11-2007; Ord. No. 08-096, § 2, 11-25-2008; Ord. No. 09-037, § 1, 10-13-2009; Ord. No. 10-018, § 1, 4-27-2010; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 11-042, § 1, 11-22-2011; Ord. No. 14-067, § 2, 7-22-2014; Ord. No. 15-053, § 1, 7-28-2015; Ord. No. 17-044, § 1, 10-10-2017; Ord. No. 17-108, § 1, 5-8-2018; Ord. No. 18-021, § 1, 7-10-2018; Ord. No. 19-046, § 2, 8-27-2019; Ord. No. 21-065, § 1, 8-31-2021; Ord. No. 23-104, § 1, 1-9-2024; Ord. No. 24-057, § 1, 9-24-2024; Ord. No. 24-084, § 1, 9-17-2024; Ord. No. 24-087, § 1, 9-24-2024; Ord. No. 24-137, § 1, 12-10-2024; Ord. No. 24-138, § 1, 12-10-2024; Ord. No. 24-130, § 2, 3-25-2025)

This Division describes the standards governing individual limited (L) and special (S) uses, including: common standards for buffering, location, bulk, and scale; standards of an environmental nature that apply to open space uses; and standards not easily incorporated into Table 40.03.210. Division 40.03.300 describes individual limited or special uses, or standards that vary from district to district, that could not be summarized in Table 40.03.210. If the use is to be contained in a subdivision, the lots for such uses shall be so designated.

(Ord. No. 97-172, § 3(ch. 13, div. 03.200), 12-31-1997; Ord. No. 17-044, § 2, 10-10-2017)

Table 40.03.210 provides standards that increase the degree of buffering, govern the location, and reduce the bulk or scale of limited or special uses. The meaning of the different categories contained in the Table is established as follows:

A.

Location. This column refers to the bufferyard location if it is different than normal district boundary bufferyards. "All" indicates the entire property is surrounded. Other designations set specific locations on site or uses to be buffered.

B.

Increased width/opacity. This column refers to the amount by which the bufferyard opacity required in Table 40.04.111 shall be increased. The use is responsible for the increased bufferyard. In some cases, a distance is to be added to the bufferyard width regardless of the options selected in Section 40.23.140 or 40.23.141.

C.

Fence. The use shall provide a fence of certain height within the bufferyard. The fence is to be added to the buffer option in Section 40.23.140 or 40.23.141. Where an option already requires a fence of lower height, the developer may use that option by increasing the fence height. Where a fence of the required height is contained within the options, the developer shall use an option that does not require a fence and add the fence.

D.

Uses separated. This column lists protected uses from which the limited or special use is to be separated. Residential, religious institutions, and schools are typical protected uses.

E.

Spacing. The use shall be separated from protected uses by a minimum distance.

F.

Minimum spacing. This requires a minimum distance between the next similar use. This requirement prohibits certain uses from concentrating in any given area and includes uses located outside the zoning district boundary. Some uses tend to cluster at intersections. This marketing practice is appropriate; therefore, a provision has been made to permit such clustering. Where "int" is found after the spacing distance in the column, uses may locate at any of the intersection corners. However, the intersection where these uses exist must be separated by the specified distance.

G.

Minimum site area. The use must have a certain minimum site area. In several cases, this column has also been used to indicate a maximum site size or a range of minimum and maximum sizes.

H.

Minimum access. The use may be built only where it has adequate frontage on a street of a certain type (e.g., arterial, collector or nonresidential local street).

I.

Maximum size. This standard limits the use's size to less than that permitted in Table 40.04.110.

J.

Maximum height. This standard sets a limit relative to the building's maximum height. An exception is granted for chimneys, steeples, cupolas, and antennas, provided that they occupy no more than seven (7) percent of the roof area.

K.

Other. This column contains short requirements and/or references to other sections where specific standards are found.

(Ord. No. 97-172, § 3(ch. 13, § 03.210), 12-31-1997; Ord. No. 98-062, § 1, 9-22-1998; Ord. No. 98-080, § 1(ch. 13, § 03.210), 9-22-1998; Ord No. 99-075, § 1, 12-14-1999; Ord. No. 99-142, § 2, 5-9-2000; Ord. No. 00-006, § 1, 6-13-2000; Ord. No. 00-065, § 3, 10-24-2000; Ord. No. 00-138, § 2, 3-27-2001; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 05-087, § 3, 10-25-2005; Ord. No. 05-130, § 2, 2-28-2006; Ord. No. 07-089, § 2, 9-25-2007; Ord. No. 07-124, § 2, 12-11-2007; Ord. No. 08-096, § 2, 11-25-2008; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 11-042, § 2, 11-22-2011; Ord. No. 15-053, § 2, 7-28-2015; Ord. No. 17-108, § 2, 5-8-2018; Ord. No. 21-065, § 2, 8-31-2021; Ord. No. 23-104, § 2, 1-9-2024; Ord. No. 24-084, § 2, 9-17-2024)

A.

Clearing includes earth moving, logging, or burning and shall require a zoning permit. Such permits shall be issued only under one (1) or more of the following conditions:

1.

As part of a site plan or land development plan with an approved resource protection plan.

2.

A resource protection plan and analysis shall be submitted to the Department demonstrating that the standards of Table 40.10.010 are met, including a record of the property's original conditions.

3.

When trees are to be harvested beyond the required resource protection levels provided for in this Chapter, a zoning permit shall be granted; however, a conservation easement which shall require reforestation pursuant to Section 40.10.350, and which shall limit development to the open area shall be recorded.

B.

Agricultural uses are exempted from the provisions of this Section, except for the requirements contained in Subsection C.

C.

Agricultural uses shall submit an approved State Forestry Plan, which shall be used to determine the extent of forest on the site. Any future developer shall be required to use the original forest cover as set forth in the State Forestry Plan as the area of forest in Table 40.10.010.

D.

State agencies conducting or supervising prescribed burnings are exempt from the provisions of this Section.

E.

For site resource capacity purposes, parcels which have been cleared and are proposed for development shall use the forest cover which existed as of December 31, 1997. Documentation of such shall be submitted by the applicant.

(Ord. No. 97-172, § 3(ch. 13, § 03.301), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.301), 9-22-1998; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

In the SR, SE and S Districts, commercial stables must not conflict with the low density nature of the districts. A maximum of twenty-five (25) percent of the site may be improved with barns, stables, riding rinks, parking or other facilities. Agricultural uses may have commercial stables as an accessory use as a matter of right.

(Ord. No. 97-172, § 3(ch. 13, § 03.302), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.302), 9-22-1998)

Within the NC zoning district classification, apartments shall only be permitted in NCap and NCga districts. The NC5 Zoning District may also contain apartments built prior to December 31, 1997.

(Ord. No. 97-172, § 3(ch. 13, § 03.303), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.303), 9-22-1998; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

The conversion of a single-family detached dwelling into two (2) or more dwelling units is permitted subject to conformance with the following requirements:

A.

The dwelling shall have been constructed at least fifty (50) years before the date of application for conversion, or the structure shall have been previously approved by the Board of Adjustment for a special exception or special use. If the apartment use substitutes a previously approved special exception or special use, such prior use shall be considered to be abandoned and may not be reinstituted.

B.

There shall be a minimum lot area of at least one hundred twenty (120) percent of the parcel's minimum zoning district lot size for single-family dwellings.

C.

The minimum open area is fifty (50) percent.

D.

The gross floor area of the existing dwelling, excluding garages shall be at least four thousand (4,000) square feet. Any additions to the dwelling shall be limited to a total of ten (10) percent of the floor area of the existing dwelling.

E.

The minimum floor area of each apartment shall be eight hundred (800) square feet.

F.

Fire escapes and outside stairways shall not be located on any building wall facing a street. Where fire escapes and outside stairways are required to be placed where visible from a public street, the Department may require additional landscaping or bufferyards to minimize visual impacts.

G.

In addition to any other landscaping or bufferyard requirements, there shall be a parking buffer around the perimeter of the parking lot.

(Ord. No. 97-172, § 3(ch. 13, § 03.304), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.304), 9-22-1998; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 05-107, § 1, 7-24-2007)

The commercial apartment(s) shall meet the following standards:

A.

Apartments shall be designed to have a private access separate from that of the primary commercial use.

B.

At least five hundred (500) square feet of yard space, balcony, deck space or roof top area for each commercial apartment unit shall be provided.

C.

In the TN District, commercial apartments shall meet all design standard guidelines.

(Ord. No. 97-172, § 3(ch. 13, § 03.305), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009)

A.

All manufactured home units shall be skirted consistent with the character of the mobile/manufactured home and meet the off-street parking requirements. If removable, hitches shall be removed; if not removable, hitches shall be skirted and screened.

B.

Mobile home parks shall meet the following standards:

1.

A developer of over twenty-five (25) units shall have the option of declaring a section of the community either sales or rental within the same residential manufactured/mobile home community. Each sales or rental section must meet the minimum applicable standards and be designated on the record plan.

2.

All roads, public or private, shall meet the street standards of this Chapter.

3.

Reserved.

4.

Outdoor living space. Appropriate outdoor living space, surfaced with a weather-resistant material, patio, deck, open porch or combination of these structures, having a minimum area of one hundred eighty (180) square feet, shall be provided adjacent to the manufactured or mobile home.

5.

Recreation area. A recreation area, utilizing developable land, shall be provided within the required open space. Nondevelopable land may be used if determined suitable by the Department. The recreation areas shall meet the following standards:

a.

The total amount of recreation area shall be not less than three hundred (300) square feet for each lot within the manufactured/mobile home community.

b.

The recreation area may be provided by a series of smaller recreation areas, the sum of which is equal to the required total. Furthermore, no recreation area shall be smaller in area than the average of the lot areas within the community, and recreation areas less than one hundred (100) feet wide shall not exceed in length three (3) times their width.

c.

The open space and recreation areas shall be deed-restricted to active and passive recreational uses at the time of recordation of the subdivision plan.

d.

If manufactured/mobile home community is recorded and/or constructed in phases or stages, the required open spaces and recreation areas will be designated on the record plan and developed at the same proportion that the number of lots in the phase or stage bears to the total number of lots in the community.

(Ord. No. 97-172, § 3(ch. 13, § 03.306), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.306), 9-22-1998)

A.

In the OR, BP and I Districts, churches and other places of worship shall be required to use existing structures and buildings. In ON and CN Districts, colleges shall be required to use existing structures and buildings. No additions to existing buildings or new buildings related to the assembly and worship shall be constructed in the BP and I Districts. The Department may request a parking plan for review and approval.

B.

In the OR, BP, and I Districts, schools as a principal use or as an accessory use and/or associated with a church or other place of worship on the same site, shall be permitted only when the new or existing structure(s) to be occupied by the school is separated by a minimum of one hundred (100) feet from all other industrial use buildings. In addition, the school site shall provide a five-tenths (0.5) opacity buffer along all property lines adjacent to industrial and commercial uses. All schools in the OR, BP and I districts shall provide a minimum of one-half (0.5) acres on-site for outdoor recreation and play areas per one hundred (100) students of school capacity, or demonstrate that they have secured by lease or other agreement the use of adequate outdoor recreation and play areas. Schools may request a waiver from the Department for this requirement if they demonstrate an alternative recreational option.

C.

In all other zoning districts, proposed uses shall be located on and take access from a collector or arterial street. At its discretion and with DelDOT concurrence, the Department may permit such uses to locate, expand or rebuild having access on other streets where vehicular and pedestrian safety is not compromised and the local neighborhood is not adversely impacted.

(Ord. No. 97-172, § 3(ch. 13, § 03.307), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.307), 9-22-1998; Ord. No. 99-012, § 2, 3-23-1999; Ord. No. 02-075, § 1(Exh. A), 10-22-2002; Ord. No. 04-003, § 2, 3-9-2004; Ord. No. 04-124, § 1, 10-12-2004; Ord. No. 07-036, § 1, 6-26-2007; Ord. No. 08-096, § 3, 11-25-2008; Ord. No. 10-018, § 2, 4-27-2010)

Editor's note— Ord. No. 10-018, § 2, adopted April 27, 2010, changed the title of section 40.03.307 from "Assembly and worship, schools" to "Assembly and worship, schools, colleges." The historical notation has been preserved for reference purposes.

All uses shall be located on and take access from a collector or arterial street.

(Ord. No. 97-172, § 3(ch. 13, § 03.308), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.308), 9-22-1998; Ord. No. 01-112, § 1(Exh. A), 3-12-2002)

A.

Day care center. The use shall have a minimum of one (1) acre.

1.

State licensing requirements shall be met, including those pertaining to building, fire, safety and health codes.

2.

Outdoor play or activity areas shall be fenced or otherwise enclosed on all sides, as approved by the Department, and shall consist of developable lands, but shall not include driveways or parking areas. A one-tenth (0.1) opacity bufferyard shall be required around the play area, unless bufferyard standards are otherwise required by this Chapter.

3.

The circulation pattern of the parking area shall be designed to provide a safe and convenient pedestrian access from all parking spaces to the entrance of the facility.

4.

No portion of the day care center shall be located within five hundred (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.

5.

When a day care facility is located in a shopping center or shares parking and/or access with other commercial uses, the parking area shall function independently of and 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. These standards shall not apply to day care facilities located within developments consisting solely of office uses.

6.

In residential districts, no structural or decorative changes that will alter the exterior residential character of an existing residential structure used for a day care center shall be permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood.

(Ord. No. 97-172, § 3(ch. 13, § 03.309), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 03.309), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 06-060, § 1(Exh. A), 9-26-2006)

All protective care facilities shall have an emergency plan filed with the police, emergency services, and disaster and emergency agencies indicating that these facilities have plans to protect the adjoining communities.

(Ord. No. 97-172, § 3(ch. 13, § 03.310), 12-31-1997)

All public service facilities, except those related to law enforcement activities, shall be designed to serve a defined service district and shall be located on a collector or arterial street. At its discretion and with DelDOT concurrence, the Department may permit such uses to locate, expand or rebuild having access on other streets where vehicular and pedestrian safety is not compromised and local neighborhood is not adversely impacted.

(Ord. No. 97-172, § 3(ch. 13, § 03.311), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.311), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 07-036, § 2, 6-26-2007)

A.

A three-tenths (0.3) increase in bufferyard opacity shall be required along the perimeter of the site, the barrier, or adjacent to any outside equipment or material storage. Exception: if state or federal standards provide minimum vegetation clearance distances, the landscaping requirements shall apply to the extent plantings can be installed in conformance with such standards.

B.

Utility installations shall be enclosed by a barrier, such as a fence, suitable to prevent unauthorized access. The barrier shall be constructed to meet any applicable state or federal rule or standard addressing the physical security of the utility installation. The barriers shall not be used to display any signage except as required by applicable law.

C.

Utility installations shall be located no closer than fifty (50) feet from any property line and no closer than one hundred fifty (150) feet from any dwelling unit.

D.

Electric power generating facilities, other than SESs, shall be permitted only in the Industrial (I) and the Heavy Industrial (HI) zoning districts and the following standards shall apply:

1.

In addition to filing a major land development plan, the landowner and operator of the proposed facility shall make application to the Department for review. The Department shall review the application and shall respond in writing to the owner/applicant with comments and recommendations, when appropriate.

2.

The application shall include the following:

a.

A detailed account of the capacity and operating procedures for the facility, including, but not limited to: the hours of operation; the type and amount of traffic generated by the facility; and

b.

A detailed account of the source, composition, and anticipated amount of feedstock material on site; the anticipated contaminants present in the feedstock; how the feedstock material is to be stored on site; how often the feedstock material is to be relocated and replenished; and

c.

A detailed account of the anticipated impacts on adjacent land uses over the expected lifetime of the facility, including, but not limited to, likelihood of generation of glare, heat, noise, vibration, radiation, electromagnetic interference, obnoxious odors, or the effect on public access to tidal waters, effect on recreational areas and effect on adjacent residential and agricultural areas; and

d.

Supporting information on the degree to which the proposed technology has been proven successful in commercial operation; and specific information on the applicant's commercial experience with the same or similar manufacturing processes with regard to environmental compliance; and

e.

A copy of the State of Delaware Department of Natural Resources and Environmental Control, Division of Air & Waste Management Construction Permit issued for the proposed facility; and

f.

An application fee to be determined by the Department in an amount to defray the costs of having an outside environmental consultant assess the information contained in the application.

3.

The Department shall make a recommendation to County Council as to whether the proposed use is appropriate, the parameters for the commencement of the use, hours of operation, intensity of the use, and a schedule for the operation of the use. The Department's recommendation can be in favor of the application, in favor of the application based on certain conditions being imposed, or not in favor of the application. In formulating its recommendation, the Department shall give consideration to the following factors:

a.

Whether the operating procedures for the facility would have an adverse impact on the surrounding community; and

b.

Whether the source, composition, and anticipated amount of feedstock material on site, or the method of storage relocation or replenishment of the feedstock material, would have adverse environmental impacts; and

c.

Whether the proposed facility would create a public nuisance; and

d.

Whether the proposed technology has been proven successful in commercial operation and whether the applicant has historically complied with environmental regulations utilizing the same or similar manufacturing processes.

4.

County Council shall then consider the application which is to take the form of a resolution at a public meeting. The resolution shall have attached a copy of the application and the Department's recommendation. Passage of the resolution constitutes approval of the application. Failure of the resolution to pass shall constitute denial of the application. County Council may impose limitations or conditions beyond those which may be recommended by the Department pursuant to any findings developed during the public hearing on the resolution.

(Ord. No. 97-172, § 3(ch. 13, § 03.312), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.312), 9-22-1998; Ord. No. 00-006, § 2, 6-13-2000; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 17-044, § 3, 10-10-2017)

A.

No parcel containing adult uses shall be permitted within a five hundred (500) foot radius of any residentially zoned parcel improved or which can be improved with a residential dwelling unit.

B.

No parcel containing adult uses shall be permitted within a two thousand eight hundred (2,800) foot radius of any parcel containing a school, church or other place of worship.

C.

No parcel containing adult uses shall be permitted within a one thousand five hundred (1,500) foot radius of any other parcel containing an adult use.

(Ord. No. 97-172, § 3(ch. 13, § 03.313), 12-31-1997)

A.

These are special uses and may be permitted by the Board of Adjustment pursuant to the standards in Section 40.31.430. The use may support local agricultural activity. Within the NC zoning district classification, agricultural support and other rural services shall only be a special use in the NC21, NC40 and NC2a districts. The use is not permitted in any other NC district.

B.

All new commercial kennels shall have a minimum lot size of five (5) acres. All buildings must be enclosed and soundproofed so that no unreasonable noise or odor shall be detectable off-site by persons with normal sensibilities. Outdoor runs are permitted and shall be at least one hundred and fifty (150) feet from all residentially zoned lots and residential uses. Landscaping and buffering shall be enhanced to a minimum eight-tenths (0.8) opacity to reduce adverse impacts on adjacent residential uses.

C.

When legally existing commercial kennels are proposed to be expanded on residentially zoned lots with less than five (5) acres, the expansion shall require special use approval. Expansions of legally existing kennels on lots greater than five (5) acres, or with no outdoor runs, shall not require special use approval. All new and existing kennel buildings must be enclosed and soundproofed so that no unreasonable noise or odor shall be detectable off-site by persons with normal sensibilities. Outdoor runs are permitted and shall be at least one hundred and fifty (150) feet from all residentially zoned lots and residential uses. Landscaping and buffering shall be enhanced to a minimum eight-tenths (0.8) opacity to reduce adverse impacts on adjacent residential uses.

D.

A new or legally existing veterinary office, clinic or hospital may have accessory kennels associated with the medical facility. A commercial kennel operating independent of the veterinary services offered shall comply with the minimum standards for commercial kennels listed in Subsections A, B and/or C.

(Ord. No. 97-172, § 3(ch. 13, § 03.314), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.314), 9-22-1998; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 03-070, § 1, 10-28-2003; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

In all districts, a bed and breakfast shall be in a single-family dwelling having a minimum floor area of three thousand (3,000) square feet. Guest rooms may also be located in an accessory structure when the bed and breakfast is located on a lot of at least five (5) acres. Bed and breakfast uses are limited to five (5) square feet total sign area. Such signs must be constructed of wood or other durable nonplastic material. Bed and breakfast uses must provide for all parking off the street and screened from adjoining land uses by hedges and canopy trees. The Department may, however, permit on-street parking to be substituted upon a determination that the street can accommodate the parking and the provision of off-street parking would be detrimental to the area's appearance. The minimum required open space is fifty (50) percent. The minimum lot size is fifteen thousand (15,000) square feet.

(Ord. No. 97-172, § 3(ch. 13, § 03.315), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.315), 9-22-1998)

A.

When a drive-in facility is located within, or adjacent to, residential zoning districts or residential uses, talk boxes must be screened by a sound barrier, such as a solid fence or masonry wall and landscaping.

B.

In the BP District, drive-in facility uses shall take access from the entrance road to the business park. Further, these uses shall be located along the entrance road and prior to the first road intersection within the business park.

C.

There shall be a bypass lane to maintain vehicular circulation if required by the Department. Drive-in lanes shall be separated from other aisles by a curbed island.

D.

Except for bank and pharmacy uses, the circulation design must accommodate on site an additional four (4) vehicles for stacking that may be within parking aisles.

E.

Required stacking lanes shall be based on eighteen (18) lineal feet per vehicle as measured from the point an order or instructions are first given.

F.

Additionally, when a drive-in facility is placed adjacent to the public right-of-way or other public access thoroughfare, the drive-in cartway shall be screened from view with a combination of structures and landscaping as deemed appropriate by the Department.

(Ord. No. 97-172, § 3(ch. 13, § 03.316), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 03.316), 9-22-1998; Ord. No. 98-080, § 1(ch. 13, § 03.316), 9-22-1998; Ord. No. 18-021, § 2, 7-10-2018)

This use has different standards in the TN, OR and BP Districts.

A.

Traditional Neighborhood (TN) District. Light auto services shall only be permitted in the TN District as part of planned development with a minimum of one hundred (100) acres. The site plan submittal shall include a concept plan and design guidelines which protect the urban character of the streetscape. The building must be built to the front setback lines as are other buildings in the urban area. The landscaping and other design features shall be determined to provide a continued pedestrian precinct that is attractive and safe.

B.

Office Regional (OR) and Business Park (BP) Districts. The intent of this Section is to permit this use only at the entrance to a business or industrial park and to preserve the park for business or industrial uses. A maximum of one (1) light auto service use shall be allowed at the entrance to an office or industrial park with the following limitations:

1.

Minimum office park size of one hundred (100) acres.

2.

The use must architecturally blend with the office park and surrounding neighborhood.

(Ord. No. 97-172, § 3(ch. 13, § 03.317), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.317), 9-22-1998)

Mixed use is intended to facilitate development that is planned, designed and managed as an integrated development comprised of residential and nonresidential uses oriented to a pedestrian precinct and intended to provide convenient shopping, employment and residential opportunities while reducing vehicular trip generation. For all proposed mixed uses, the following apply:

A.

The mixed use development shall include a minimum of five (5) dwelling units comprising a minimum of twenty-five (25) percent or a maximum of seventy-five (75) percent of the total gross floor area on the site.

B.

In addition to the residential requirements above, mixed use development shall include a minimum of three (3) different uses. Gas stations, single use (e.g. stand-alone or pad site) restaurants, and restaurants with drive through service must not exceed ten (10) percent of GFA within a mixed use development.

C.

Residential uses shall provide outdoor areas greater than or equal to one hundred twenty (120) square feet per unit, or the equivalent using one or a combination of the following methods:

1.

Balconies or roof gardens;

2.

Parks or parkways with a minimum of twenty thousand (20,000) square feet of lawn area located within the development; and/or

3.

Paved pedestrian precincts which may count for no more than forty (40) percent of the requirement.

D.

In the OR and ON zoning districts, at least twenty-five (25) percent of the total gross floor area shall consist of office uses. Developments proposing more than twenty-five (25) percent of the total gross floor area as nonresidential must provide a minimum of fifty (50) percent of the nonresidential GFA as office use(s).

E.

A CAPE shall include a tasting room that is a minimum five hundred (500) square feet GFA.

F.

Loading areas shall not be oriented toward a public street or be located on any side of a building facing a residential use. If residential uses abut all sides of the use requiring a loading area, the loading area shall be screened by a solid wall or opaque fence with a minimum height of six (6) feet, in addition to the required landscape buffering.

G.

In districts where mixed uses are specifically permitted, a density bonus is contained in Table 40.04.110.

(Ord. No. 97-172, § 3(ch. 13, § 03.318), 12-31-1997; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 17-108, § 3, 5-8-2018; Ord. No. 24-057, § 2, 9-24-2024)

Editor's note— Ord. No. 05-087, § 4, adopted Oct. 25, 2005, repealed § 40.03.319 in its entirety. Formerly, said section pertained to open space planned, open space subdivision, and alternative development options as enacted by Ord. No. 97-172, § 3(ch. 13, § 03.319), adopted Dec. 31, 1997; as amended.

Editor's note— Ord. No. 05-087, § 5, adopted Oct. 25, 2005, repealed § 40.03.320 in its entirety. Formerly, said section pertained to special buffer requirements as enacted by Ord. No. 97-172, § 3(ch. 13, § 03.320), adopted Dec. 31, 1997; as amended.

A.

In the HI zoning district, only those office uses that are affiliated with or support a permitted industrial use are permitted as stand-alone principal uses.

B.

Notwithstanding Subsection A, office buildings and office uses existing as of December 31, 1997, not affiliated with or supporting a permitted industrial use may continue as permitted uses, (i.e., they will not be considered nonconforming uses) if they meet the following criteria:

1.

The office building was in existence or a record plan approved for its construction, pursuant to former Code provisions.

2.

The building was legally designed, constructed or altered, pursuant to former Code provisions, to accommodate office uses and not industrial uses.

3.

The office use is not intended to attract and serve customers on-site.

(Ord. No. 97-172, § 3(ch. 13, § 03.321), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.321), 9-22-1998; Ord. No. 00-138, § 3, 3-27-2001; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 08-096, § 3, 11-25-2008; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Editor's note— Ord. No. 08-096, § 3, adopted November 25, 2008, changed the title of § 40.03.321 from "Office defined uses in the I and HI zoning districts" to "Office defined uses in the HI zoning district."

A.

Resort uses in the S, SE and SR Districts must have a minimum of seventy-five (75) percent of the site as open space.

B.

A minimum of three (3) types of recreational opportunities such as marinas, beaches or pools, tennis or golf, equestrian or other recreation opportunities must be provided.

C.

A combination of at least three (3) restaurants and shops must be provided to serve guests.

(Ord. No. 97-172, § 3(ch. 13, § 03.322), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.322), 9-22-1998)

In addition to satisfying all other legal requirements and standards, landfills shall conform with the following standards:

A.

Landfills shall not exceed 140 feet in height, as determined pursuant to industry standards, and all requests to increase the landfill height up to and including this maximum shall be subject, first, to an assessment of:

1.

The benefits of and need for any proposed height increase;

2.

The impact of such height increase and associated landfill operations on the health of nearby residents;

3.

The impact of such height increase and associated landfill operations on the values of real property in proximity thereto;

4.

The impact on traffic in the surrounding area;

5.

The impact on noise and visual blight to the surrounding area;

6.

The impact on stormwater, wastewater discharge, and flooding in proximity thereto;

7.

All other impacts on the health, safety, and general welfare of nearby residents;

8.

The compatibility with the policies and objectives of the Comprehensive Development Plan of New Castle County;

9.

The impact of the proposed height increase on immediate residents and neighborhoods and the compatibility therewith, and a comparison of the impact on and compatibility with surrounding residents and neighborhoods; and

10.

Whether the benefits of a height increase outweigh the negative impacts.

(Ord. No. 19-046, § 1, 8-27-2019)

Note— The historical notation of the former Section 40.03.323 is as follows: Ord. No. 97-172, § 3(ch. 13, § 03.323), adopted December 31, 1997, and Ord. No. 98-080, § 1(ch. 13, § 03.323), adopted September 22, 1998.

The excavation and restoration plans must conform to the following applicable standards:

A.

Frontage. The operation site shall have at least two hundred (200) feet of frontage on a State road, or other adequate means of access compatible with sound land use principles.

B.

Setbacks. No area of excavation or storage of earth products or overburden material, except for approved berms, shall be permitted within two hundred (200) feet of any residential, office, or DPUD District or within fifty (50) feet of any Commercial, BP, I and HI Districts, except along public or private road frontage, where the setback plus right-of-way must total at least two hundred (200) feet, with a minimum setback of fifty (50) feet. The operation of machinery, other than excavation equipment, such as sorters, crushers or other processing devices, shall not be permitted within five hundred (500) feet of any lot line.

C.

Screening. No grading, removal or disturbance of plant material shall be permitted within thirty (30) feet of any lot line or road frontage; provided, however, that existing vegetation and/or grading shall be supplemented as required with additional plant material and/or berming so as to provide an effective year-round landscape screen, except at the approved point of access. All of the requirements of this subsection must be in place prior to commencement of extractive operations; provided, however, that the creation of berms as landscape screens using material from the site may follow the commencement of extractive operations.

D.

Groundwater contamination. Extractive operations, drainage, materials storage and use, site access, fueling procedures, restoration activities and postrestoration uses shall be strictly controlled so as to minimize to every extent possible any contamination of groundwater. Hydrogeological analyses and plans shall be used to determine the specific controls, programs, safeguards, restrictions and monitoring applicable to a particular site. The owner or licensee shall continue groundwater monitoring of the site for at least two (2) years after the Department certifies that the restoration plan for the entire project is in place. At least one (1) monitoring well upgradient and two (2) wells downgradient shall be placed so as to sample the upper portion of the aquifer on a quarterly basis. The sampling analysis shall include, as a minimum, pH, total dissolved solids, total carbon and total organic carbon.

E.

Test borings and monitoring wells. The number, time, duration and location of test borings and monitoring wells shall be determined by a registered geologist or a professional engineer qualified in hydrogeology.

F.

Fencing and safety measures. The tops of all open excavations shall be enclosed by a fence erected and maintained at least twenty-five (25) feet outside the excavation. Such fence shall not be less than six (6) feet in height and shall effectively control access to the site.

G.

Cartway maintenance. All on-site cartways shall be graded and maintained to minimize dust. Oiling and other techniques which lead to groundwater contamination are prohibited.

H.

Restoration standards. The rehabilitation of each phase of an extractive operation shall result in conditions appropriate for the expected reuse of the site. Restoration of the site shall occur continuously as the extractive use operation proceeds. In addition, the following minimum standards shall be achieved in order for any site to be considered rehabilitated:

1.

In all cases, the final grades shall be appropriate for the expected reuse.

2.

All final site drainage shall be designed, sloped, revegetated or treated by other measures so that erosion and siltation of watercourses and ponds are avoided.

3.

All restoration material used in the final grading of the site shall be free from refuse or toxic contaminants and shall be compacted as much as practicable, such as by installation in layers. Final soil depths and types shall be appropriate for the expected reuse.

4.

Revegetation of the site to control dust, erosion and to restore organic vitality is required. The owner or licensee must develop, through planting, seeding or sodding, complete ground cover sufficient to retain the soils. The owner or licensee shall maintain the vegetation for two (2) growing seasons, after which the Department shall inspect the site to determine if revegetation has been successful. The approval of the revegetation by the Department is one prerequisite to the release of the performance surety bond.

I.

Scope of operation. The proposed site operation shall be phased such that no more than twenty-five (25) acres shall be in use or unrestored at any time. Operations in one (1) phase shall be permitted to the extent that restoration has been completed on equivalent acreage in a prior phase.

J.

If groundwater will be encountered, the plan must indicate the following:

1.

Probable maximum pumping rates and cone of depression impacts on surrounding public and private wells and long-term water table.

2.

Disposal methods for pumped water and its effect on water quality and flooding.

K.

Buffers. All buffers shall contain berms.

1.

Along the district boundary of any district permitting residential uses, the required buffer width shall be increased by one hundred (100) feet. The buffer planting requirements shall be increased until the landscaping has a one (1.0) opacity rating without counting the berm.

2.

Noise studies shall be conducted to determine the berm's exact height based on the equipment operated at the site and the blasting potential. The berm shall ensure the day night sound level (DNL) does not exceed fifty-five (55) at the property line or any building with a line of site to the property.

L.

Where surface water features remain or a depressional area is created, a final excavation plan matched to a proposed end use plan shall be submitted. The final excavation plan shall demonstrate that sufficient land is to remain unexcavated and/or that the excavation will be done in a manner permitting the development to conform to this Code's regulations without any variances.

M.

Recreation, high intensity uses. Before any high intensity recreation use is established, a major land development plan shall be submitted to the Department to show compliance with all of the preceding paragraphs of this Section, except Subsections F, H.4, I and K. The following additional standards shall apply:

1.

A minimum one hundred (100) foot bufferyard, including berms and no fewer than three (3.0) plant units per one hundred (100) linear feet, shall be provided along all abutting residentially zoned properties.

2.

A minimum six (6) foot high security fence shall be installed within the buffer around the perimeter of the site to control access to the property.

3.

The Department may require additional landscaping and/or other types of buffering to mitigate possible adverse impacts upon adjacent properties.

4.

The engineering section of the Department shall require the submission of revised stormwater management, grading, and sediment and erosion control plans prior to any regrading or re-contouring of tracks or other facilities.

5.

The Department may require continuation or revision of programs and standards to minimize groundwater contamination as set forth in Subsection 40.03.324.D and E.

6.

Notwithstanding any other provision of this Chapter, if the Department or DelDOT finds that the proposed use will generate significant traffic impacts as described in Section 40.11.120, the Department shall require the submission and approval of a Traffic Impact Study in compliance with Article 11 prior to plan approval.

7.

Noise generated on this site shall not exceed a sixty five (65) decibels (dB) hourly average during operating hours as measured at the individual residential property line of the person filing the complaint. In addition, the use shall comply with all other federal, State and local regulations, rules, laws and/or ordinances regarding noise or sound levels.

8.

Recreation, high intensity uses shall be permitted only on that portion of the site that has been restored pursuant to this Section, or where no excavation has occurred.

9.

If the recreation, high intensity use contains facilities for snowmobiles, motorcycles, or motorcross vehicles, no racing or riding of these vehicles shall be permitted prior to 8:00 a.m. or later than fifteen (15) minutes after sunset.

10.

All successive plans which propose additional land for the expansion of the recreation, high intensity use shall be processed as a major land development plan.

11.

The one hundred (100) foot paving setback requirement of Table 40.04.111.B may be reduced to twenty (20) feet along any property line of an adjoining parcel zoned EX.

(Ord. No. 97-172, § 3(ch. 13, § 03.324), 12-31-1997; Ord. No. 00-065, § 4, 10-24-2000; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

The following uses are permitted on the site of a commercial service category airport if the airport meets the limited use standards of Table 40.03.210: offices in connection with aviation related business and operations of fixed based operations, other fabricated metal product manufacturing (NAICS 3329), engine, turbine and power transmission manufacturing (NAICS 3336), aerospace product and parts manufacturing (NAICS 3364), gasoline stations (NAICS 447), air transportation (NAICS 481), scenic and sightseeing transportation (NAICS 487), support activities for transportation (NAICS 488), warehousing and storage facilities (NAICS 493), rental and leasing services (NAICS 532), management of companies and enterprises (NAICS 55), travel arrangement and reservation services (NAICS 5615), educational services (NAICS 611), accommodation (NAICS 721), food services and drinking places (NAICS 722), repair and maintenance (NAICS 811), and personal and laundry services (NAICS 812).

(Ord. No. 97-172, § 3(ch. 13, § 03.325), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 03.325), 9-22-1998; Ord. No. 98-080, § 1(ch. 13, § 03.325), 9-22-1998)

A.

New freestanding tower/monopole. Any new freestanding tower/monopole in any residential district requires a minimum lot size of one (1) acre and a special use permit. In nonresidential districts, no minimum lot size is required, however, any new freestanding tower/monopole proposed to be erected within five hundred (500) feet of any residentially zoned lot, improved or which can be improved with a residential dwelling unit, shall be permitted only if a special use permit is obtained.

B.

Co-location. Co-location of telecommunication equipment (such as antenna) in any zoning district on existing or replacement freestanding towers/monopoles, buildings, water towers/tanks, pole signs, lighting standards, silos, smokestacks, steeples, billboards, telephone poles, and other similar structures may be permitted subject to review and certification by the Department. The Department shall review the co-location application for compliance with the applicable conditions listed below. If a special exception or special use permit was issued, the Department shall review that decision to ascertain that the co-location of equipment will not be inconsistent or in violation of that prior decision.

The co-location of antenna on an existing or replacement structure may exceed the height of the existing structure if approved by the Department. However, in any zoning district, a special use permit is required for any height extension to an existing or replacement freestanding tower/monopole exceeding twenty-five (25) percent of the original height of the tower/monopole where that tower or pole is within five hundred (500) feet of a residentially zoned lot improved or which can be improved with a residential dwelling unit.

C.

Submission requirements. All applicants for a special use permit or for Department certification shall submit a site plan and appropriate written documentation demonstrating compliance with the applicable conditions listed in this Section. Any application for a new tower/monopole shall include documentation substantiating the need for such tower at the proposed location and shall include an area map showing the location of all known commercial communication towers/antenna within a one (1) mile radius of the proposed facility.

D.

Documentation. Documentation acceptable to the Department for a new tower or monopole must show that no existing building, site or structure, including other towers/monopoles within a one (1) mile radius of the proposed new location are available for co-location. The documentation shall include one or more of the following:

1.

Evidence that no existing facilities are located within the area targeted to be served and which meet the applicant's engineering requirement.

2.

Evidence that existing facilities do not have sufficient height or cannot be increased to a height at a reasonable cost to meet the applicant's engineering requirements.

3.

Evidence that existing facilities do not have sufficient structural strength or space to support the proposed antenna and related equipment and that those existing facilities cannot be reinforced at a reasonable cost to accommodate the new equipment.

4.

Evidence that applicant's antenna or equipment would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna or equipment on the existing facility would cause interference with the applicant's proposed antenna.

5.

Evidence of non-cooperation of landowners for alternative sites that might have been a better location.

E.

Alternative design tower structure. Where co-location is not possible, an application for new or replacement towers/monopoles shall provide the Department with a report and plans on the feasibility of locating the antenna on a support structure that screens or camouflages the presence of the antennas and support structure from public view, in a manner appropriate to the site's context and surrounding environment. Examples of concealed, camouflaged, or disguised antenna structures include manmade trees, clock towers, flagpoles, light structures, steeples and other similar like objects. The Department or Board of Adjustment shall not approve a new tower/monopole unless it is determined to be both technically and economically unfeasible to provide for some sort of alternative design.

F.

Shared facilities. All new or replacement towers/monopoles one hundred and fifty (150) feet or less in height, not including lighting rod, shall be designed to accommodate at least one (1) additional personal communication services (PCS)/cellular platform. All new or replacement towers/monopoles in excess of one hundred and fifty (150) feet in height shall be designed to accommodate at least two (2) additional PCS/cellular platforms.

G.

Setbacks. All new freestanding towers/monopoles shall be setback from adjoining property lines a minimum of not less than one-third (1/3) the height of the tower.

H.

Landscaping. Pad sites, ground equipment structures and guy wire locations shall be surrounded by a minimum six (6) foot tall fence and/or landscaping which has an opacity value of three-tenths (0.3).

I.

Requirements. The tower and accessory equipment must meet all requirements of the Federal Communications Commission and Federal Aviation Administration.

J.

Abandonment. Any tower/monopole that is not operated for a continuous period of six (6) months shall be considered abandoned and the owner of such tower shall remove the same within ninety (90) days of a receipt of notice from County Council notifying the owner of such abandonment. If such tower is not removed within ninety (90) days, the County may remove the tower at the owner's expense.

K.

Signs and lighting. No sign shall be permitted on the tower. Any blinking or rotating light thereon shall be screened so as not to throw its light below the horizontal plane on which it is located, except as required by the Federal Aviation Administration.

(Ord. No. 97-172, § 3(ch. 13, § 03.326), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.326), 9-22-1998; Ord. No. 05-111, § 1, 1-24-2006; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Such temporary uses shall meet the following standards:

A.

No such use shall be located within five hundred (500) feet of an adjoining residential use.

B.

If any one (1) adjoining land use is residential, hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. In all other instances, hours of operation shall be limited to 6:00 a.m. to 10:00 p.m.

C.

The applicant shall provide a written agreement and advanced surety in the amount of one hundred twenty-five (125) percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or if the permit should be revoked.

D.

The applicant shall provide a written agreement and advance surety in the amount of one hundred twenty-five (125) percent of the estimated road restoration/replacement costs along anticipated principal truck routes. This amount will be determined by the Department. This surety ensures roads will be reconstructed to DelDOT specifications.

E.

If deemed necessary by the Department, the property access shall be controlled by special traffic personnel paid for by the applicant. Such instances warranting traffic personnel may include locations at busy intersections or other extensive interference with primary traffic from trucks. Prior to receiving a permit, the applicant must provide a written communication from the County Public Safety Department or State Police indicating adequate provisions have been made.

F.

No high-intensity floodlights shall be permitted if an adjacent use or zone is residential.

(Ord. No. 97-172, § 3(ch. 13, § 03.327), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.327), 9-22-1998)

A.

Farm markets with a GFA of two thousand five hundred (2,500) square feet or less shall be accessory to an existing agricultural use of the subject parcel.

B.

Farm markets with a gross floor area of more than two thousand five hundred (2,500) square feet shall meet the following standards:

1.

Indoor and outdoor display area and parking area (but exclusive of production areas), shall not exceed the lesser of ten (10) percent of the total lot area or two (2) acres.

2.

The farm market may include, as accessory thereto, a bakery or delicatessen counter for the preparation and sale of hot and cold sandwiches, side dishes, salads, desserts, baked goods, milk and dairy products.

3.

The farm market storage and display of merchandise and parking shall be set back not less than twenty-five (25) feet from the street line.

4.

The parking area is not required to be paved and curbed. At a minimum, however, the parking area shall be of a stone or gravel surface.

(Ord. No. 97-172, § 3(ch. 13, § 03.328), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.328), 9-22-1998; Ord. No. 06-060, § 1(Exh. A), 9-26-2006)

A.

Any lawfully existing commercial use shall be permitted to display and sell its merchandise and serve food or beverages outdoors only under the following limited conditions:

1.

Owners must obtain a limited use permit for all such temporary outdoor uses. The permit shall be valid for no more than one hundred twenty (120) consecutive days and is renewable. Permits may be revoked at the discretion of the Department based on any applicable State of Emergency declaration.

2.

No display, sales, seating or parking is permitted in any street right-of-way unless approved by DelDOT. In addition, no display, sales, seating or parking shall obstruct pedestrian or vehicular traffic.

3.

All temporary structures associated with display, sales, dining areas shall comply with the minimum required yard setbacks for the zoning district in which the commercial temporary outdoor use is being proposed.

(Ord. No. 97-172, § 3(ch. 13, § 03.329), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.329), 9-22-1998; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 20-070, § 1, 8-25-2020)

A.

A limited use permit is required for temporary special events. Non-profit and/or charitable organizations shall only be required to submit an information sheet, on a form to be approved by the Department, that identifies the nonprofit or charitable organization and the name, address and telephone number for a primary contact.

B.

This activity is limited to no more than six (6) times per year, and each event shall last no longer than fourteen (14) days. In the EX district, the use is only permitted in areas approved for recreation, high intensity uses.

C.

No display, sales or parking is permitted in any street right-of-way. In addition, no display, sales or parking shall obstruct pedestrian or vehicular traffic.

D.

All display areas and temporary structures shall comply with the minimum required yard setbacks for the zoning district in which the public interest/special event is being proposed and may not displace required parking for the primary use of the property, except that the Department may permit the displacement of required parking for parking lots containing no fewer than five hundred (500) parking spaces when the applicant demonstrates that sufficient parking will be available throughout the event.

(Ord. No. 97-172, § 3(ch. 13, § 03.330), 12-31-1997; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 08-115, § 1, 1-13-2009; Ord. No. 18-020, § 3, 7-10-2018)

A.

A limited use permit shall be required for all temporary miscellaneous sales and shall be valid for a period not to exceed thirty (30) consecutive calendar days. A property may only be used a total of four (4) times per calendar year for temporary miscellaneous sales.

B.

No open fires for the disposal of tree trimmings, scrap wood, or other material is permitted.

C.

A permit shall be required for any security trailer or shed that is proposed to be used on the property.

D.

Within five (5) days after the expiration of the limited use permit, the site must be cleared of all debris and temporary structures.

E.

Reserved.

F.

A copy of the DelDOT entrance/exit permit or waiver for the site and a copy of a valid State of Delaware vendor license issued to the applicant must be attached to the limited use permit application.

G.

No display, sales or parking is permitted in any street or right-of-way. In addition, no display, sales or parking shall obstruct pedestrian or vehicular traffic.

H.

All display areas and temporary structures shall comply with the minimum required yard setbacks for the zoning district in which the temporary sales event is being proposed and may not displace required parking for the primary use of the property, except that the Department may permit the displacement of required parking for parking lots containing no fewer than five hundred (500) parking spaces when the applicant demonstrates that sufficient parking will be available throughout the event.

I.

A limited use permit for the sale of agricultural products shall comply with the above standards only as noted below and shall meet the following standards:

1.

Permits shall be issued in sixty (60) day increments for a total period of time not to exceed two hundred forty (240) calendar days. The applicant may apply for one (1) or more sixty (60) day permits at any one (1) time.

2.

All display materials shall be at least ten (10) feet from the property lines and shall not obstruct pedestrian or vehicular traffic or circulation. In addition, the display areas shall not displace more than twenty (20) percent of the required parking.

3.

No more than five (5) percent of the sales area may be devoted to non-agricultural products;

4.

The Department may waive the requirement for a copy of the DelDOT entrance or exit permit where the access is already a recognized and/or established entrance.

5.

The standards shown in Subsections B. and C. shall apply to the sale of agricultural products.

6.

For purposes of this Section, agricultural products are defined as raw food and plant products that have not been processed or manufactured into other food products including, but not limited to, dairy products; poultry products (eggs); apiary products; fruits of all kinds; vegetables; nursery, floral and greenhouse products.

(Ord. No. 97-172, § 3(ch. 13, § 03.331), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.331), 9-22-1998; Ord. No. 08-115, § 2, 1-13-2009; Ord. No. 09-089, § 1, 11-24-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 18-020, § 4, 7-10-2018)

County Council may grant a waiver from the five hundred (500) foot distance from use provisions contained in Table 40.03.210A for commercial lodging and restaurants where Council is satisfied after a public hearing that a reduction in the five hundred (500) foot distance would not adversely impact the character of the existing development in the area or otherwise adversely impact existing development in the area. To obtain a waiver from the five hundred (500) foot distance requirement contained in Table 40.03.210A for commercial lodging and restaurants, the applicant must request in writing that County Council adopt an ordinance of approval. The request shall be forwarded to the Department for a recommendation. The Department shall then have twenty (20) days to issue its recommendation to County Council based upon the same criteria County Council must consider pursuant to this Section. A request for such a waiver shall not be considered by County Council until the applicant has obtained exploratory plan approval for the proposed development for which the waiver is sought.

(Ord. No. 98-080, § 1(ch. 13, § 03.332), 9-22-1998; Ord. No. 09-066, § 2, 10-13-2009)

A.

Light Industry uses as defined in Subsection 40.33.270.D are considered Limited Uses in the OR zoning district, except that the following uses require a special use permit:

Marijuana cultivation facility (NAICS 111419, NAICS 424590)

Construction of buildings (NAICS 236)

Heavy and civil engineering construction (NAICS 237)

Wholesale trade (NAICS 42)

Trucking transportation (NAICS 484)

Transit and ground passenger transportation maintenance (NAICS 485)

Service and storage facilities (NAICS 487)

Support activities for transportation (NAICS 488)

Miniwarehousing and self storage units (NAICS 53113)

Commercial and industrial machinery equipment rental (NAICS 5324)

Marina and associated uses (NAICS 71393)

Automotive paint and body shop (NAICS 811121)

Commercial and industrial repair (NAICS 8113)

Heavy industry, where the business is less than twenty thousand (20,000) square feet

Warehousing and storage facilities, including logistics services related to the distribution of goods (NAICS 493)

B.

The only Light Industry use as defined in Section 40.33.270.D that is permitted in the CR zoning district is warehousing and storage facilities (NAICS 493). This use requires a special use permit and is subject to the following standards:

1.

Property must be developed in accordance with Section 40.08.130.B.6.

2.

The gross site area must be a minimum of forty (40) acres.

3.

Where a warehousing and storage facility is adjacent to an existing residential use or residential zoning district, lighting shall be designed so that there is zero (0) footcandle at the property line of the residential area.

4.

A noise study shall be completed and submitted as part of the special use application to evaluate potential noise impact on adjacent properties.

5.

The special use application shall include a narrative identifying how the proposal addresses Table 2 of Appendix 7 with respect to the design principles for the applicable Character Area.

(Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 08-096, § 3, 11-25-2008; Ord. No. 21-065, § 3, 8-31-2021; Ord. No. 23-104, § 3, 1-9-2024; Ord. No. 24-138, § 2, 12-10-2024)

A.

Any new utility substation that transmits or distributes more than 139 kV of electricity shall meet the following additional standards:

1.

A three-tenths (0.3) increase in bufferyard opacity shall be required along the perimeter of the site or the barrier. Exception: if state or federal standards provide minimum vegetation clearance distances, the landscaping requirements shall apply to the extent plantings can be installed in conformance with such standards.

2.

The substation installation shall be enclosed by a barrier, such as a fence, suitable to prevent unauthorized access. The barrier shall be constructed to meet any applicable state or federal rule or standard addressing the physical security of power system facilities. The barriers shall not be used to display any signage except as required by applicable law.

3.

The perimeter of the substation installation shall be located no closer than fifty feet (50) from any property line and no closer than one hundred fifty (150) feet from any dwelling unit.

B.

Elevated storage tanks and standpipes.

1.

Any new elevated storage tank or standpipe which is not a replacement of any existing elevated storage tank or standpipe shall be setback from any adjoining property line a minimum of not less than one-fourth (¼) its height, or one-half (½) its maximum diameter or thirty (30) feet, whichever is greatest.

2.

No identification sign on any new elevated storage tank or standpipe shall be illuminated. Additionally, subject to any applicable State or federal regulations or statute to the contrary, any blinking or rotating light thereon shall be screened so as not to throw its light below the horizontal plane on which it is located.

3.

The Department following the receipt of an exploratory submission for an elevated storage tank or standpipe must schedule the application for review and approval at a regularly scheduled Planning Board public hearing. The Planning Board will review the proposal and consider the impacts of the proposed tank on adjoining properties. Planning Board approval of the exploratory sketch plan is required prior to submission of a record plan to the Department and must not be withheld where Subsections B.1 and B.2 have been satisfied by the applicant. However, the Planning Board approval may contain certain additional conditions deemed reasonably necessary by the Planning Board to protect adjacent land uses including requirements for fencing, landscaping, and tank color.

4.

For purposes of this Section, the term "elevated storage tank" shall mean any structure of any shape or profile more than thirty (30) feet above ground level used to store water, natural gas, or propane. Also, for purposes of this Section, the term "standpipe" shall mean an above grade storage tank in the form of a right circular cylinder below its roof level.

C.

Water distribution stations and pump houses. In residential zoning districts, the district and bulk standards in Table 40.04.110 and Table 40.04.111 for the respective permitted single-family dwellings in each residential zoning district shall be applied to all water distribution stations and pump houses that are designed to resemble single-family dwellings and accessory garages in external appearances.

(Ord. No. 99-175, § 1, 12-14-1999; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 17-044, § 4, 10-10-2017; Ord. No. 18-020, § 5, 7-10-2018; Ord. No. 23-104, § 3, 1-9-2024)

Editor's note— Ord. No. 17-044, § 4, adopted October 10, 2017, changed the title of Section 40.03.334 from "Elevated storage tanks and standpipes" to "Minor utilities." The historical notation has been preserved for reference purposes.

A.

Temporary. Model homes and/or sales offices which are temporary and not intended to be sold as a dwelling at its location shall be removed from the site within twenty (20) days following the sale of the last residential lot within that subdivision. The use of the temporary home and/or sales office as a sales office or model home for other subdivisions is permitted; provided, that a building permit for a home located within the subdivision in which the temporary model home and/or sales office is located has been issued within the preceding three (3) months and; further provided, there are not less than three (3) unsold dwellings within the subdivision or not less than five (5) percent unsold dwellings within the subdivision, whichever is greater.

B.

Permanent. Model homes and/or sales offices which are intended to be sold as a dwelling at its location are permitted; provided, however, that the sales office use must cease and be converted to a dwelling within twelve (12) months following the sale of the last residential lot within that subdivision. In addition, the use of that structure as a sales office or model home for other subdivisions is permitted; provided, that a building permit for a home located within the subdivision in which the model home is located has been issued within the preceding three (3) months and; further provided, there are not less than three (3) unsold dwellings within the subdivision or not less than five (5) percent unsold dwellings within the subdivision, whichever is greater.

(Ord. No. 01-112, § 1(Exh. A), 3-12-2002)

A commercial compost or commercial mulch operation must conform to the following applicable standards:

A.

Frontage. The site shall have at least two hundred (200) feet of frontage on a public road, or other adequate means of access compatible with sound land use principles.

B.

Setbacks. No area of compost or mulch shall be permitted within two hundred (200) feet of any residential use, office, and DPUD district; or, within fifty (50) feet of any commercial, BP, I and HI Districts, except along public or private road frontage, where the setback plus right-of-way must total at least two hundred (200) feet, with a minimum setback of fifty (50) feet.

C.

Screening. No grading, removal or disturbance of plant material shall be permitted within thirty (30) feet of any lot line or road frontage provided, however, that existing vegetation and/or grading shall be supplemented as required with additional plant material and/or berming so as to provide a one (1.0) opacity, except at the approved point of access. All of the requirements of this subsection must be in place prior to commencement of compost or mulch operations.

D.

Access, fencing and safety measures. The compost or mulch operation shall have in place artificial barriers (fences, walls, guardrails, buildings, etc.) or natural barriers (rocks, berms, trees, streams, etc.) at least twenty-five (25) feet outside the operation that will effectively control access to the site.

(Ord. No. 07-124, § 3, 12-11-2007)

A.

The following requirements apply to any large-scale SES:

1.

In the SR zoning district, the total number of aggregate acres dedicated to all SES uses shall not exceed one thousand (1,000).

2.

In the SR and S zoning districts, regardless of the OSR/LSR provided in Table 40.04.110A, up to eighty-five (85) percent of the total site acreage may be dedicated to the SES, as measured by the outside perimeter of the SES structures, including aisles contained therein. In all other zoning districts, the site shall comply with the minimum OSR/LSR for other permitted uses for the appropriate zoning district.

3.

The SES shall be located no closer than fifty (50) feet from any property line and no closer than one hundred fifty (150) feet from any dwelling unit.

4.

The SES shall be enclosed by a barrier, such as a fence, suitable to prevent unauthorized access. The barrier shall be constructed to meet all applicable state or federal rules or standards addressing the physical security of power system facilities. The barriers shall not be used to display any signage except as required by applicable law.

5.

Landscaping of no less than five (5) plant units per one hundred (100) linear feet shall be required as a buffer along the perimeter of the site or the barrier. The buffer shall not exceed fifty (50) feet in width and shall provide four-season visual screening. Exception: if state or federal standards provide minimum vegetation clearance distances, the landscaping requirements shall apply to the extent plantings can be installed in conformance with such standards.

6.

Signage, not to exceed four (4) square feet, identifying the SES operator, its contact phone numbers and emergency contact information, shall be posted at each entrance or exit of the property.

B.

Abandonment.

1.

The operator or property owner shall provide written notice to the Department whenever the SES is out of active production for more than six (6) months. Any SES that ceases to produce electricity for one (1) year is considered abandoned.

2.

The operator or property owner shall either recommence production of electricity and schedule a site inspection with the Department to verify that all use requirements are still intact or shall remove all equipment and systems and restore the site as near as practicable to its original condition within six (6) months of being considered abandoned.

3.

An abandoned SES site shall be restored to its predevelopment condition and inspected by the Department. Failure to comply with the requirements of this section shall authorize, but not require, the County to remove the SES and restore the site to its predevelopment condition and charge the property owner as set forth in Subsection C. below.

C.

Financial assurance. Prior to issuance of a building permit, the operator or property owner shall provide a bond, surety, letter of credit, or other financial assurance in a form and amount acceptable to the Department to secure payment of one hundred (100) percent of the anticipated cost of removal of all associated site improvements and restoration of the site to its predevelopment condition. The financial assurance shall remain in full force and effect while the SES remains in place and shall be renewed every ten (10) years and replaced as necessary.

D.

Development rights. The acreage dedicated for the SES shall be subtracted from the base site area of the property prior to conducting the Site Capacity and Concurrency Analysis for any other proposed development of the property.

E.

An SES shall not be located:

1.

On any land that is subject to a conservation or preservation easement acquired with public funds or required by a government entity to the extent the SES would materially interfere with any purpose of the easement.

2.

Within six hundred sixty (660) feet of the right-of-way of a designated byway, except that any Community Solar Energy System (CSES) located outside any SR zoning district in the Coastal Zone shall be located no closer than two hundred (200) feet from the right-of-way of a designated byway. As it relates to any CSES, the barrier and buffer required under this section shall be provided adjacent to CSES structures where visible from the right-of-way. Plant unit types 3 and 4, in accordance with Article 23, are preferred to provide adequate screening in a leaf-off condition.

(Ord. No. 17-044, § 5, 10-10-2017; Ord. No. 22-072, § 1, 10-11-2022)

A.

The following use standards apply to all zoning districts:

1.

All aspects of the brewing, fermenting or distilling process shall be completely confined within a building.

2

Outside storage of materials and finished products is prohibited.

3.

By-products or waste from the production of the alcoholic beverage shall be properly disposed of off property.

4.

The CAPE may offer to the public, on a regular and continuing basis, various activities ancillary to its alcoholic beverage production process, including, but not limited to: tours of the premises, educational classes, and demonstrations. Unless otherwise prohibited, the CAPE may sell, on the licensed premises, packaged food items, souvenirs, alcoholic beverage supplies and other materials relating to the CAPE.

5.

All licenses required pursuant to Title 4 of the Delaware Code shall be obtained prior to the issuance of a certificate of occupancy or use for the CAPE. The CAPE shall be operated pursuant to all applicable licenses at all times. A copy of all applicable licenses shall be provided to the Department prior to the issuance of a certificate of occupancy or use. Failure of the owner or operator to maintain any valid license required by Title 4 shall result in the revocation of the certificate of occupancy or use.

6.

A tasting room shall be operated only pursuant to a license issued by the Office of Alcoholic Beverage Control Commissioner for the State of Delaware. A tasting room shall remain at all times an ancillary use to the CAPE.

B.

The following use standards apply in the CR zoning district:

1.

A tasting room shall be provided that is a minimum five hundred (500) square feet GFA.

2.

Loading areas shall not be oriented toward a public street or be located on any side of a building facing a residential zoning district or a residential use. Where a residential zoning district or a residential use abuts all sides of the property, the loading area shall be screened by a solid wall or opaque fence with a minimum height of six (6) feet, in addition to required landscape buffering.

C.

The following use standards apply in the CN zoning district:

1.

The CAPE shall not exceed ten thousand (10,000) square feet GFA exclusive of lands, buildings, and structures used exclusively for agricultural purposes.

2.

A tasting room shall be provided that is a minimum five hundred (500) square feet GFA.

3.

Loading areas shall not be oriented toward a public street or be located on any side of a building facing a residential zoning district or residential use. Where a residential zoning district or residential use abuts all sides of the property, the loading area shall be screened by a solid wall or opaque fence with a minimum height of six (6) feet, in addition to required landscape buffering.

D.

The following use standards apply in BP and I zoning districts:

1.

Any tasting room shall not exceed two thousand (2,000) square feet GFA.

2.

Mobile food trucks may operate in conjunction with a CAPE provided that:

a.

The food truck is located on the same parcel as the CAPE;

b.

Required parking spaces shall not be used for food truck vending;

c.

The food truck is located within the off-street parking area in a location that does not block or interfere with drive aisles, ingress or egress areas, or emergency access or fire lanes;

d.

The hours of operation shall not extend beyond the CAPE's hours of operation; and

e.

No signage shall be allowed other than signs permanently affixed to the food truck and one (1) portable menu sign no more than six (6) square feet in display area situated on the ground in the customer waiting area.

E.

The following use standards apply in the S, SR, and SE zoning districts:

1.

The CAPE shall not exceed ten thousand (10,000) square feet GFA exclusive of lands, buildings, and structures used exclusively for agricultural purposes.

2.

A tasting room shall be provided that is a minimum five hundred (500) square feet GFA.

3.

Loading areas shall not be oriented toward a public street or be located on any side of a building facing a residential zoning district or residential use. Where a residential zoning district or residential use abuts all sides of the property, the loading area shall be screened by a solid wall or opaque fence with a minimum height of six (6) feet, in addition to required landscape buffering.

4.

Except in a village or hamlet T4 or T5 transect zone:

a.

The minimum lot size shall be ten (10) acres;

b.

The minimum side and rear year setbacks shall be one hundred (100) feet;

c.

The minimum street yard setback shall be fifty (50) feet; and

d.

All alcoholic liquors produced on-site shall contain no less than ten (10) percent of a basic ingredient, other than water, harvested from or grown on the property unless otherwise provided by 4 Del. C. § 512A (farm wineries).

(Ord. No. 17-108, § 3, 5-8-2018)

The following requirements apply to heavy retail and service, vehicular sales, rental and service uses established within one hundred (100) feet of a residentially zoned parcel or use, whichever is closer, as measured from the parcel line of the residential use or zoned parcel to the proposed nonresidential use or structure:

A.

The site must be designed to minimize noise impact on neighboring properties. A noise study must be submitted to evaluate this impact.

B.

The site must be designed so that parking, loading, and circulation minimize the glare from vehicular lights visible to neighboring residential properties.

C.

The bufferyards, street trees, berming, and on-lot landscaping is upgraded to mask the development.

D.

Lighting must be designed so that there is zero (0) footcandle at the property line of the residential area.

(Ord. No. 23-104, § 3, 1-9-2024)

Multifamily conversions are intended to facilitate and encourage the redevelopment of existing office and commercial sites and increase the diversity in housing opportunities in the county where supporting infrastructure exists. The following requirements apply to all multifamily conversions:

A.

A multifamily conversion is not permitted on a parcel that is within one thousand (1,000) feet of a heavy industry zoned parcel or a parcel with a heavy industry use as defined in Subsection 40.33.270.C.

B.

Excluding mixed use developments, legally existing commercial or office GFA may be converted to apartments or residential condominiums subject to Section 40.31.711.

C.

A land development application that proposes new GFA as part of a multifamily conversion is reviewed under the standards for "other permitted use" in the underlying zoning district set forth in Table 40.04.110, and is reviewed in accordance with the process and standards for a resubdivision plan, a minor land development plans or a major land development plan.

D.

Multifamily conversion may yield one dwelling unit for every eight hundred (800) square feet of GFA. The average size of an apartment or residential condominium unit in a multifamily conversion must be at least eight hundred (800) square feet of GFA.

E.

At least two hundred (200) square feet of yard space, balcony, deck space or roof top area for each apartment or residential condominium unit must be provided.

F.

A multifamily conversion is required to provide moderately priced dwelling Units in accordance with Article 7.

(Ord. No. 24-057, § 2, 9-24-2024)

A.

Except for sites licensed by the State of Delaware and operating as medical marijuana dispensaries (NAICS 459991) before July 1, 2024, under the Medical Marijuana Act, as part of a complete submission, the property owner shall provide the Department with a copy of a document (available from the Department) that has been recorded in the New Castle County Office of the Recorder of Deeds certifying that no portion of the proposed retail marijuana store building and signage is located within:

1.

One (1) mile of an existing retail marijuana store as verified by the State of Delaware.

2.

One thousand (1,000) feet of any parcel with a substance abuse treatment facility as verified by the State of Delaware.

3.

One thousand (1,000) feet of any parcel with an established day care center, school (NAICS 6111), college (NAICS 6112, 6113), place of worship (NAICS 813110), governmental parkland, governmental office building, or library.

B.

When a retail marijuana store is in a mall or shopping center, internal customer access should be provided.

C.

A retail marijuana store cannot serve as a home use (Section 40.33.221)

(Ord. No. 24-138, § 2, 12-10-2024)

The following requirements apply to any firearm retail business:

A.

A firearm retail business is not permitted within a five hundred (500) foot radius of any residentially zoned parcel.

B.

A firearm retail business is not permitted within a one thousand (1,000) foot radius of any parcel containing a school, daycare center, or a parcel that contains government-owned parkland.

C.

A firearm retail business is not permitted within a one thousand five hundred (1,500) foot radius of any other parcel containing a firearm retail store.

(Ord. No. 24-084, § 3, 9-17-2024)

This Division contains standards that apply to uses in all districts.

(Ord. No. 97-172, § 3(ch. 13, div. 03.400), 12-31-1997)

The Department may permit driveways providing vehicular access to a parcel from a proposed street right of way to be located on an adjacent parcel so long as the following criteria are met:

A.

An easement is established for as long as the principal use will be served by the driveway.

B.

It is determined by the Department that a safe means of access without creating any visible or audible adverse effects on adjacent residentially zoned properties can be provided. The Department may require increased bufferyards and/or landscaping adjoining the driveway to avoid any adverse effects.

C.

The off-site driveway is located on a parcel zoned to permit a similar use as the principal use being accessed by the driveway.

(Ord. No. 99-075, § 1, 12-14-1999)

The Department may permit stormwater management facilities to be located off-site and/or to be shared by other parcels provided:

A.

An easement is established for as long as the principal use will utilize the stormwater facility.

B.

It is determined that the off-site stormwater facility location is preferred over an on-site location taking into consideration zoning, environment, drainage, and/or aesthetic concerns.

C.

The Department may require the stormwater management facilities to be designed to accommodate existing or future development within the same drainage basin.

(Ord. No. 99-075, § 1, 12-14-99)

Residential uses may have accessory buildings and accessory uses provided they conform to the following standards:

A.

General standards. Unless otherwise provided in Subsections B. through M. of this Section, all accessory structures (e.g., detached garages, sheds, pergolas, and similar structures) shall meet the following standards:

1.

For lots less than two (2) acres, freestanding accessory structures shall not be permitted in front of the principal structure or within the street or front yard setback. Lots two (2) acres or larger may locate one (1) freestanding accessory structure in front of the principal structure, so long as the freestanding structure is not within the front or street yard setback. Lots ten (10) acres or larger may locate a freestanding accessory structure(s) in front of the principal structure, so long as the freestanding structure(s) is not within the front or street yard setback.

2.

Freestanding accessory structures shall not be located in any side yard setback or any required bufferyard.

3.

Freestanding accessory structures may be located in the rear yard provided any such structure is located at least three (3) feet from the side lot line and rear lot line.

a.

Where a detached garage is facing an alley, the setback for garage doors facing the alley shall be at least three (3) feet.

b.

For attached dwelling units, freestanding accessory structures shall have a setback from the rear lot line of at least three (3) feet and shall be a least two (2) feet from each side lot line. Garages that share a common wall with an adjacent garage shall have a setback of at least two (2) feet from the side property line on the unattached side.

c.

Walled units, patio houses, and atrium houses shall contain all accessory structures within their walls.

4.

Not over thirty (30) percent of the required rear yard setback area may be covered by freestanding accessory structure(s). Detached garages served by an alley are exempt from the calculation.

5.

No freestanding accessory structure shall be permitted in any street yard setback except as may be specifically permitted elsewhere in this Chapter.

6.

On lots less than one (1) acre, the gross floor area of any one (1) freestanding accessory structure shall not exceed the square footage footprint of the principal dwelling unit.

7.

No freestanding accessory structure shall exceed twenty (20) feet in height. However, freestanding accessory structures located on lots greater than one (1) acre may be constructed to a height equal to that of the principal building provided that the structure is not within any front, street, side or rear setback.

B.

Private stables. Stables are permitted on lots a minimum of two (2) acres, and on lots of record existing as of December 31, 1997 which legally had stables located on them. Stables shall have a setback of fifty (50) feet from all property lines.

C.

Yard ornaments and play structures. Yard ornaments, play structures, fountains, flagpoles, cloth lines, and similar objects may be permitted in all yards and all yard setbacks. Any such structure or object which exceeds six (6) feet in height above ground level shall be at least six (6) feet from the front, street, side or rear lot line.

D.

Neighborhood book exchange boxes. Neighborhood book exchange boxes may be permitted in all yards and all yard setbacks, subject to the following parameters. Any such structure shall be no taller than six (6) feet in height above ground level, which shall be the maximum height for such structures, and shall be at least six (6) feet from the front, street, side or rear lot line. Neighborhood book exchange boxes are further subject to the following, and must:

1.

Be no wider than thirty (30) inches or deeper than thirty (30) inches;

2.

Be anchored to the ground;

3.

Be marked in such a way to clearly indicate that the box is part of a book exchange;

4.

Be no more than a single neighborhood book exchange box per parcel; and

5.

Not be situated in a public right-of-way or public easement.

E.

Fences. Fences are permissible in all yards and all yard setbacks, subject to the following regulations.

1.

Maximum height. Fences must be no more than six (6) feet in height, except as otherwise set forth herein. In zoning designations NC5, NC6.5, NC10, and NC15, the maximum permissible fence height in the street yard is four (4) feet.

2.

Approved fencing material. Fences must be constructed of approved materials, including: wood, brick, decorative masonry, stone, wrought iron, manufactured vinyl, aluminum, and PVC fence material.

3.

Prohibited fencing material. No fence shall be constructed of sheet or corrugated metal, plywood, concrete masonry unit block (with the exception of use for a retaining wall), or other materials not manufactured or designed for the primary purpose of fence construction. Furthermore, metal prongs or spikes not designed and manufactured as part of a fence section are prohibited. Barbed or razor wire is prohibited for fence construction.

4.

Installation. When constructed on sloping ground, a fence may be installed on an incline or in stepped sections. To account for installation on sloping ground and any necessary space between the ground and the bottom of the fence panels or materials, the top of the fence panels, materials, and posts may not exceed seven (7) feet in height when measured from the ground, except as permitted in Subsection G.

5.

Maintenance. Fences must be maintained in good condition, structurally sound and safe, and shall not by reason of age, decay, accident, or otherwise be allowed to become and remain in a state of disrepair so as to be a nuisance or cause blight, or present a potential injury or threat to the public;

a.

Dilapidated fences shall be repaired or replaced in accordance with provisions of this Division.

b.

The property owner shall maintain each fence, including any fence existing prior to adoption of this Section, at all times, in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frames and fastenings free from deterioration, termite infestation, rot, rust, or loosening, and able to withstand at all times the wind pressure for which they were designed.

6.

Visibility triangle. All walls and fences located on a corner lot shall comply with any applicable visibility sight triangles as provided for in this Chapter.

7.

Floodplains. Fences proposed in a floodplain must comply with the requirements in Article 10, including the requirement to obtain a floodplain permit.

8.

Nothing in this Section waives any restrictions otherwise applicable under the New Castle County Code including Chapter 7 (Property Maintenance Code) and Chapter 40 (Unified Development Code). Moreover, the regulations set forth herein do not override validly adopted deed restrictions.

F.

Satellite dish or antenna. Satellite dishes (over three (3) feet in diameter) or antennas, including amateur ham radio antennas, over three (3) feet in diameter shall be mounted on the ground in the rear yard. If location in the rear yard is not possible, then the structure may be located in the side or front yard, subject to setback requirements. These dishes shall be screened from view with an evergreen hedge or shrub and understory trees. The dish shall be located so that the screening protects neighboring homes. Evergreen trees shall be used to block other views from neighboring homes to the dish's front where plantings cannot be placed close to the dish. This Subsection shall not apply where the satellite dish or antenna is located in a rear yard and would not be visible to neighboring homes.

G.

Ball courts. Ball courts shall not be permitted on lots of less than one (1) acre and shall be set back from side and rear property lines a minimum of six (6) feet. Any fence around the court may be over six (6) feet in height provided it is not within any required minimum yard setback.

H.

Private swimming pool. A private swimming pool may be located in the rear yard provided the pool, including all appurtenances such as, but not limited to, the decking, pool filter and pump, shall be at least six (6) feet from any side or rear property line. A private swimming pool may be located in a side yard provided the pool, including all appurtenances shall not encroach into the side yard setback. In the case of a corner lot or multiple frontage lot, the pool shall not be located in the street yard setback. All fencing requirements contained in Chapter 6 shall be followed.

I.

Accessory dwelling unit (ADU).

1.

Only one (1) ADU is permitted per single-family residential detached lot. The ADU may be constructed within the home or as an attached addition to the home.

2.

Only one (1) home occupation is permitted per residential lot.

3.

Once an ADU is established, the primary structure shall not be used for apartment conversion and only one (1) of the dwelling units may be rented.

4.

The property owner shall occupy and reside in either the principal dwelling unit or the ADU as his or her principal legal residence. An affidavit (available from the Department) of owner occupancy shall accompany the application for a building permit for the ADU.

5.

Prior to the issuance of an ADU building permit, the property owner shall provide the Department with a copy of a document (available from the Department) that has been recorded in the New Castle County Office of the Recorder of Deeds stating that residency by the property owner is required in one of the dwelling units as a condition of having an ADU on the property.

6.

One (1) additional off-street parking space is required for the ADU, in addition to the number of spaces required for the existing single-family detached dwelling.

7.

On any lot one-half (½) of an acre or more, one (1) freestanding accessory structure may be constructed or used as an ADU provided that the dwelling unit meets the same front, street, side and rear yard setbacks as required for the principal dwelling.

8.

Annual report. The Department shall provide County Council with an annual report on the use and effectiveness of the ADU provisions.

9.

Rental code registration. If the ADU is to be rented and prior to the issuance of a certificate of occupancy, the property owner shall register the ADU pursuant to the requirements of Chapter 19.

10.

Adequate sanitary sewer or septic capacity must be available to accommodate the ADU.

11.

The ADU shall be in conformance with Chapter 6 and Chapter 12.

12.

A detached ADU may be either a small single-family or single-family detached dwelling.

13.

An ADU is the only detached accessory residential structure that may provide quarters for sleeping.

14.

Ardens exception for existing ADUs. All ADUs existing in the Ardens prior to May 1, 2007 and which have been individually certified in writing as permitted by the respective Village Trustees from Arden, Ardencroft and Ardentown shall be considered a permitted use notwithstanding the requirements for an ADU in this section. Certified ADUs shall not be subject to the provisions of Article 8. In addition, each ADU certified pursuant to this section shall be permitted to rebuild, restore, replace or repair the ADU as necessary in the event the structure is destroyed or rendered uninhabitable for any reason. The restoration, replacement or repair shall be completed within the existing footprint of the structure. All repairs, restoration or rebuilding shall be in conformance with Chapter 6. For purposes of this exception and certification process, an ADU in the Ardens, constructed prior to May 1, 2007 may include more than one (1) attached or detached subordinate dwelling unit on the leasehold property and which provides living, sleeping, eating, cooking, and sanitation facilities.

J.

Temporary roadside stand. A roadside stand for the sale of agricultural products grown on the premises may be located in the street or front yard and is subject to the following limitations.

1.

Any structure or display area shall not be located in any right-of-way.

2.

No permanent structure or building or parking associated with the roadside stand shall be constructed or maintained.

K.

Garage/yard sales. Garage/yard sales are permitted provided they occur on no more than four (4) occasions per year and are of no more than three (3) consecutive days in duration.

L.

Mulching and composting. Mulching or composting conducted by the resident using material (both yard waste and kitchen waste) found and generated on-site and not to include material from other property.

M.

Solar energy system, accessory.

1.

A ground-mounted accessory SES shall be considered a free-standing accessory structure. The SES shall be located a minimum of six (6) feet from any side or rear lot line.

2.

A rooftop SES shall not extend more than five (5) feet above the surface of the roof and shall be considered when evaluating maximum building height. Any component of a rooftop SES located on the ground shall be located behind the principle structure and a minimum of six (6) feet from any side or rear lot line.

(Ord. No. 97-172, § 3(ch. 13, § 03.410), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.410), 9-22-1998; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 02-075, § 1(Exh. A), 10-22-2002; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 07-001, § 1, 4-10-2007; Ord. No. 07-124, § 4, 12-11-2007; Ord. No. 07-153, § 1, 2-26-2008; Ord. No. 09-068, § 1(Exh. A), 11-10-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 16-117, § 1, 2-28-2017; Ord. No. 17-044, § 6, 10-10-2017; Ord. No. 18-021, § 3, 7-10-2018; Ord. No. 20-038, § 1, 8-25-2020; Ord. No. 23-104, § 4, 1-9-2024; Ord. No. 24-059, § 1, 8-27-2024; Ord. No. 24-087, § 2, 9-24-2024)

A.

Home occupation. Any home occupation as defined in Section 40.33.221.B which is conducted in a manner such that the dwelling housing the occupation is indistinguishable from dwellings with no business use and which meets the following standards is permitted as an accessory residential home use as set forth below.

1.

Employees: The owner of the home occupation shall be a full-time resident of the dwelling unit and subject to the following exceptions, shall not employ any individuals other than family members who also are full-time residents of the dwelling unit.

a.

Additional non-resident, on-site employees or independent contractors are permitted if the operator executes a Conditional Home Occupation Agreement, hereinafter "the agreement." Upon execution of the agreement with the County, the operator may employ up to two (2) full-time non-resident employees or independent contractors at a time or up to four (4) part-time employees or independent contractors, provided only two (2) are on the premises at one time. The agreement shall be on a form provided by the Department, disclose the name and date of birth of all additional non-resident employees and/or independent contractors and shall be filed with the County Code Enforcement Office. All information on the written agreement is of a continuing nature. Any changes in the information on the agreement shall be in writing and mailed or otherwise submitted to the County Code Enforcement Office within thirty (30) days of the change. The person applying for the agreement shall sign the agreement and represent that the contents of the certificate are true and correct to the best of his or her knowledge. Any person who falsifies any information on any agreement made with the Department shall be subject to criminal proceedings under 11 Del. C. § 861 through § 880 (Offenses Involving Falsification of Records). The agreement is not required for home occupations, professional office or studios, which as of December 31, 1997, legally employed no more than two (2) persons to provide secretarial, clerical or similar assistance.

b.

A home occupation which provides a service that occurs off-site may have additional employees, provided such employees meet and work off-site and not at the subject residence.

c.

Exception: In Arden, Ardentown, and Ardencroft ("the Ardens") the owner of the home occupation need only be a full-time resident of the Ardens and may employ two (2) full-time non-resident employees or independent contractors. The owner may employ an additional two (2) part-time/seasonal employees or independent contractors, provided the appropriate Village Secretary is notified in writing on the Home Occupation Village Notification Form. Any changes to such an arrangement must be done in writing to the Village Secretary within thirty (30) days of the change.

2.

Customers/clients: The operator may meet with customers at the site provided that the frequency and consistency of traffic to and from the site in relation to the home occupation does not interfere with the community's comfort, safety, or enjoyment of the neighborhood around the subject property as a residential area or create a visual or traffic annoyance to persons of normal sensibilities such that a public nuisance is created. High volume visits and traffic to and from the site during the hours of 8:00 a.m. until 6:00 p.m. shall be prima facie evidence that the home occupation is not indistinguishable from other dwellings and creates a public nuisance in the residential neighborhood, in violation of this Section.

3.

Location, size and modifications: No home occupation shall be conducted outside the dwelling unit. The total area used to accommodate the home occupation shall not exceed twenty-five (25) percent of the total gross floor area (GFA) of the principal residential dwelling. No structural alterations or enlargements shall be made to the dwelling unit for the primary purpose of conducting the home occupation.

a.

Exception: In the Ardens, the home occupation shall not exceed one thousand (1,000) square feet inclusive of all square footage in the dwelling and any accessory structure on the same lot utilized for the home occupation so long as the residential character of the buildings is maintained.

4.

Parking: Adequate on-site, off -street parking shall be provided for all employees, customers, clients and/or pupils. The principal driveway serving the residence shall act as the parking area. Only the principal driveway may be used for parking in conjunction with the home occupation.

5.

Hazardous materials: Toxic, explosive, flammable, radioactive or other restricted materials used, sold or stored on the site in connection with the home occupation shall conform to Chapter 6 for residential uses.

6.

Outside storage: No outdoor display or storage of materials, goods, supplies or equipment related to the home occupation shall be permitted.

a.

Exception: In the Ardens, outside storage is permitted, but neither shall be visible from roadways or from beyond the leasehold.

7.

Deliveries and pick-ups: Truck deliveries or pick-ups of supplies or products, associated with the home occupation shall occur only within the hours of 8:00 a.m. and 7:00 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. No regular tractor trailer delivery shall be permitted.

8.

Signs and displays: No display of any products or operations that would create external evidence of the operation of the home occupation is permitted. No sign is permitted which will in any way advertise or identify the home occupation. No marked service vehicle, trailer or other equipment used in conjunction with the home occupation shall be parked on the property or contiguous street right-of-way so as to identify, advertise or otherwise attract attention to the home occupation.

a.

Exception: In the Ardens, one (1) non-illuminated sign up to one (1) square foot in size may be attached to the dwelling or the accessory structure and one (1) two-axle marked service vehicle may be parked on the property.

9.

Manufacturing, repairing, mechanical work: No manufacturing, repairing or other mechanical work shall be performed outside the dwelling unit. When such activity is conducted inside the dwelling unit, it shall be conducted in such a way that no noise, heat, glare, odor, vibration, electromagnetic interference or smoke shall be perceptible at or beyond the property line.

a.

Exception: In the Ardens, manufacturing, repairing, and other mechanical work may be performed outside the structure housing the home occupation as long as they are conducted in such a way that no noise, heat, glare, odor, vibration, or electromagnetic interference causes an annoyance to persons of normal sensibilities by creating a public nuisance.

10.

Penalties:

a.

Each person who engages in a home occupation with on-site, non-resident/family employees or independent contractors without having filed the Conditional Home Occupation Agreement or updating the Conditional Home Occupation Agreement as required (except for those exempted as valid nonconforming uses at the time of the passage of this ordinance) shall be guilty of a violation of this Chapter and subjected to a fine of up to one hundred dollars ($100.00). Each day that a violation of this Section continues shall constitute a separate offense for which a separate conviction may be obtained and a separate penalty imposed.

b.

Each person found to have included a false statement in the Conditional Home Occupation Agreement shall be subject to the penalties for violation of 11 Del. C. § 861 through § 880 (Offenses Involving Falsification of Records).

c.

Each person found to have violated any other provision of this Section shall be guilty of a violation punishable by a fine of up to one hundred dollars ($100.00). Each day that a violation continues shall constitute a separate offense for which a separate conviction may be obtained and a separate penalty imposed.

11.

Nonconforming uses: Legal home occupation uses that were in existence prior to December 31, 1997 may continue to remain as a nonconforming situation and, pursuant to Article 8, any change in title or of right to possession shall not affect the continuation of the nonconforming situation. As set forth in Article 8, the status of any nonconforming situation may be determined by the Department after public notice.

12.

Variance from home occupation provisions: Any application for a variance from the provisions of this Section will be treated as an application for a use variance.

B.

Family day care home. A family day care home shall be permitted subject to the following:

1.

State licensing requirements shall be met, including those pertaining to building, fire, safety and health codes.

2.

Lot dimensional and bulk standards shall conform to the applicable zoning district.

3.

One (1) nameplate sign not to exceed one (1) square foot may be permitted.

4.

No structural or decorative modifications that will alter the exterior residential characteristics of the dwelling shall be permitted.

C.

Large family day care home. A large family day care home shall be subject to the following:

1.

State licensing requirements shall be met, including those pertaining to building, fire, safety and health codes.

2.

Minimum lot size shall be ten thousand (10,000) square feet.

3.

One (1) nameplate sign not to exceed one (1) square foot may be permitted.

4.

No structural or decorative modifications that will alter the exterior residential character of the dwelling shall be permitted. Any new or remodeled dwelling must be designed to be compatible with the residential character of the surrounding neighborhood.

5.

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 areas or dropoff areas.

6.

No outdoor play or activity structures shall be located within ten (10) feet of the property line.

7.

Two (2) additional off-street parking spaces shall be provided.

D.

Roomers and boarders. In any one (1) family dwelling no more than three (3) nontransient roomers or boarders may be permitted subject to the following:

1.

The owner of the property must reside in the dwelling.

2.

No display or advertising on the premises is permitted.

3.

For purposes of this Section, the term "nontransient" means a person who resides as a roomer or boarder for a period of time not less than forty-five (45) days.

(Ord. No. 97-172, § 3(ch. 13, § 03.420), 12-31-1997; Ord. No. 99-134, § 1, 2-8-2000; Ord. No. 00-057, § 1, 7-25-2000; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 09-068, § 1(Exh. A), 11-10-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Nonresidential uses (not including agricultural uses) may have a variety of accessory uses within the principal structure or in separate structures, provided they meet the following standards:

A.

Uses. All uses not permitted in the district shall be prohibited, except where a commercial use is established as accessory to a permitted manufacturing or industrial use, such accessory use shall be limited to fifteen (15) percent of the total gross floor area or lot area whichever is applicable.

B.

General. No uses or structures shall be within the required yards.

C.

Fences. A fence may not exceed eight (8) feet in height in a nonresidential zoning district. To account for installation on sloping ground and any necessary space between the ground and the bottom of the fence panels or materials, the top of the fence panels, materials, and posts may not exceed nine (9) feet in height when measured from the ground.

1.

Where barbed or razor wire fence is used in a nonresidential zoning district, a minimum three-tenths (0.3) opacity bufferyard shall be provided between the fence and any street or residential use.

2.

Notwithstanding the above, any fence or barrier required pursuant to a provision of State or Federal law shall be constructed to meet the applicable rule or standard.

D.

Reserved.

E.

Community recycling bins. Where recycling bins are used in developments, parking lots, open space and other areas, the bin shall be fully enclosed with a wood or masonry fence or other durable low maintenance materials or berms.

F.

Reserved.

G.

Amusement game machines. Amusement game machines may be permitted in any commercial use. Two (2) machines are permitted per establishment plus one (1) additional machine for every two thousand (2,000) square feet of GFA up to a maximum of six (6) machines. The game machines must be located within and accessible only from the principal use.

H.

Reserved.

I.

On-site residence. In the ON, OR, CR, CN, I, BP, HI, P Districts a building may be used, erected or altered for residential purposes for an owner, caretaker, watchman, janitor or employee employed on the premises.

J.

Vehicular repair. Hydraulic hoists, pits and all lubrication, greasing, washing and repair equipment shall be entirely enclosed within buildings.

K.

Temporary contractor's office or real estate office. Temporary building, temporary real estate or construction offices and temporary storage of materials, provided that such use is located on the lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.

L.

Ancillary uses. Ancillary uses in business parks, office/office research parks or industrial parks for the purpose of providing restricted service uses that will be an integral part of the park is permitted, subject to the following conditions.

1.

The ancillary use operates exclusively for the convenience of park employees and patrons.

2.

Advertising of the use shall be restricted to internal advertising only.

M.

Solar energy system, accessory.

1.

A rooftop SES shall be considered when evaluating maximum building height.

(Ord. No. 97-172, § 3(ch. 13, § 03.430), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.430), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 17-044, § 7, 10-10-2017; Ord. No. 18-021, § 4, 7-10-2018; Ord. No. 24-130, § 3, 3-25-2025)

Where common waste storage facilities, dumpsters, recycling bins or ground mounted HVAC equipment are used, the area shall be fully enclosed with a wood fence, masonry wall, berm or enclosure made of other durable low maintenance materials, subject to approval by the Department. The Department may require specific locations and the use of specific materials in the design of these enclosures, where such enclosures are visible from adjacent residential area or public rights-of-way. In residential developments where common waste storage facilities are used, plantings approved by the Department may be substituted for fencing. This Section shall not apply to agricultural uses.

(Ord. No. 97-172, § 3(ch. 13, § 03.431), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.431), 9-22-1998; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

The County shall prohibit residential use within the twenty (20) year, sixty-five (65) day-night sound level ("DNL"), graphically depicted on the noise contour map maintained by the Department, except as follows:

1.

Where land is residentially zoned, all habitable structures shall be noise proofed to the fifty-five (55) DNL as certified by a registered architect.

2.

All developments and all individual lot surveys shall indicate noise contours. A written warning shall accompany the sale of all such lots indicating the County will not restrain future airport growth because of residential development inside the sixty-five (65) DNL noise contour.

B.

Within the airspace above all approach and transitional zones for each airport runway, no permit shall be issued for the erection or alteration of any building or structure in violation of 2 Del. C.Ch. 6 (Obstructions in Airport Approach Areas), or Part 77 of the Federal Aviation Regulations.

C.

Within the airspace above all transitional, horizontal and conical surfaces, no permit shall be issued for the erection or alteration of any building or structure in violation of 2 Del. C.Ch. 6 (Obstructions in Airport Approach Areas) or Part 77 of the Federal Aviation Regulations.

D.

Within those portions of the runway approach zones extending to a distance of ten thousand two hundred (10,200) feet from the end of each runway, no new school, hospital, church or other place of public assembly shall be established.

(Ord. No. 98-062, § 1(ch. 13, § 03.432), 9-22-1998; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

The display of a motor vehicle for sale is prohibited by this Article at any location except at a private residence where no more than one (1) motor vehicle, owned by a resident of such private residence, may be displayed for sale at one time, or in zoning districts properly zoned for motor vehicle sales so long as the property owner or tenant is properly licensed for such sales. However, in all cases, the display of such motor vehicles for sale in any public right-of-way is prohibited.

B.

Notwithstanding any other provision of this Chapter, whenever the Department or Code Enforcement Officer determines that there has been a violation of this Chapter or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner of the property where the vehicle is illegally displayed and to the owner of the vehicle illegally displayed. The notice shall be in writing, contain the property address and description of the vehicle sufficient for identification, include a clear statement of why the notice is being issued, and include a correction order providing ten (10) working days for compliance with the order. Notice required by this Section shall be satisfied where a copy of the notice is delivered to the property owner or vehicle owner personally, mailed by regular United States mail and addressed to the property and/or vehicle owner, at his or her last known addresses as reflected on New Castle County and/or motor vehicle records, or posted on the vehicle and/or property affected by such notice. Only one (1) written notice to any property owner or vehicle owner is required in a twenty-four (24) month period. Subsequent vehicles displayed on a property where the property owner has received notice within a twenty-four (24) month period and subsequent vehicles illegally displayed by an individual owning a vehicle who previously was provided written notice within a twenty-four (24) month period will not require additional written notice. No notice is required when safety is threatened by displaying a vehicle in the right-of-way.

C.

Abatement by the County. If the occupant, owner, or person in charge of the property or vehicle for which a violation notice has been given fails to remove or abate the violation in the time specified in the notice and/or subsequently displays illegally another motor vehicle within twenty-four (24) months of receiving written notice, whether on public or private property, the vehicle may be removed by the County thereby abating the violation. The County may lawfully enter upon the property on which the violation remains unabated to remove or abate such violation at the cost of the person responsible for creating or maintaining the violation. Additionally, any remedy in Section 40.31.920 may be applied.

(Ord. No. 98-080, § 1(ch. 13, § 03.440), 9-22-1998; Ord. No. 00-116, § 1, 40.03.440; Ord. No. 02-075, § 1(Exh. A), 10-22-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

All individual domestic drinking water supply wells shall be shown on the appropriate plan submission as part of any building permit application seeking a permit for a new structure or building on the subject property.

All uses shall provide off-street loading as required below. The storage of merchandise, materials or motor vehicles and/or the repair of motor vehicles or any kind of equipment is prohibited in loading bays and areas. Loading bays shall be located on the premises and shall be designed and located so as not to impede fire lane access or the safe and efficient vehicular and pedestrian circulation and shall be in accordance with the following:

A.

Number of required loading bays.

1.

For retail stores, shopping centers, supermarkets, restaurants, and storage warehouses, the number of bays shall be provided as follows:

a.

One (1) bay for buildings with five thousand one (5,001) to fifteen thousand (15,000) square feet of gross floor area ("GFA").

b.

Two (2) bays for buildings with fifteen thousand one (15,001) to fifty thousand (50,000) square feet of GFA.

c.

One (1) additional bay for each additional twenty thousand (20,000) square feet of GFA, not to exceed four (4) required bays.

d.

For buildings smaller than five thousand one (5,001) square feet, loading shall take place such that access to the site and fire lanes is not impeded.

2.

For office buildings, automobile dealerships, motels and hotels, the number of loading bays shall be provided, as follows:

a.

One (1) bay for buildings with ten thousand one (10,001) to fifty thousand (50,000) square feet of GFA.

b.

One (1) additional bay for each additional fifty thousand (50,000) square feet of GFA, not to exceed three (3) required bays.

c.

For buildings smaller than ten thousand one (10,001) square feet, loading shall take place such that access to the site and fire lanes is not impeded.

3.

For manufacturing and industrial uses, the number of bays required may vary due to the specific nature of the facility and shall be determined by the Department from documentation submitted by the developer.

4.

Where an owner/developer or the Department believe the loading requirements specified in Subsections A.1 or A.2 are inappropriate for the proposed use, a special study citing similar uses and based on a detailed analysis of the loading requirements of the proposed use may be submitted at the owner/developer's expense. The Department may substitute or rely on the special study for that specific property.

(Ord. No. 97-172, § 3(ch. 13, § 03.510), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 18-021, § 5, 7-10-2018)

This Division requires off-street parking areas for land uses except in hamlet or village development options where Division 40.25.100 shall govern and in the Traditional Neighborhood District where on-street parking is credited. These requirements lessen congestion on streets and ensure an adequate supply of parking and loading spaces for customers within a reasonable distance.

(Ord. No. 97-172, § 3(ch. 13, § 03.520), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009)

All uses shall be required to meet the off-street parking standards set forth in Table 40.03.110C and Table 40.03.522. The following general requirements shall govern off-street parking provisions and maintenance:

A.

Change of use. Should a lot or building owner or occupant change the use of said lot or building, the new use shall conform with this Chapter's off-street parking provisions.

B.

Storage prohibited. Required off-street parking spaces shall be available for operable passenger automobiles of the residents, customers, patrons, and employees of the use to which they are accessory. Storing materials or unregistered or inoperable vehicles, or parking trucks or trailers, shall be prohibited in any off-street parking areas.

C.

Vehicle work prohibited. No vehicle work other than emergency tire changes or jump starting of vehicles shall be permitted in conjunction with off-street parking facilities.

D.

Service vehicles. Service vehicles used in conjunction with any permitted use associated with the parking area may be parked continuously on site. Except for passenger vehicles serving exclusively the on-site institutional uses, no service vehicle larger than a one (1) ton truck shall be permitted in residentially zoned areas.

E.

Parking plan. Except for the conversion of parking spaces to electric vehicle (EV) charging stations, a parking plan must be submitted to the Department for review and approval if any of the following conditions apply unless the proposed parking is shown on a pending or approved land development or resubdivision plan:

1.

Construction of a new parking area with ten (10) or more parking spaces.

2.

Restriping or otherwise reconfiguring an existing nonconforming parking lot not depicted on a previously recorded subdivision, resubdivision or land development plan such that the design will differ from that which currently exists. (Reconfiguring the design of a nonconforming parking lot shown on a record plan requires the filing of a resubdivision plan.)

3.

Expansion of an existing nonconforming parking lot with ten (10) or more additional parking spaces either within the confines of the existing parking area or in a new area.

4.

Any time a change is proposed to an existing nonconforming parking lot where some or all of the current parking dimensional and design standards are proposed to be incorporated.

F.

EV-capable or EV-ready parking spaces. EV-capable or EV-ready parking spaces shall be required as provided in Chapter 6.

(Ord. No. 97-172, § 3(ch. 13, § 03.521), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.521), 9-22-1998; Ord. No. 21-065, § 4, 8-31-2021)

A.

Minimum parking requirements. Table 40.03.522 specifies the minimum number of parking spaces required for each use type. When the number of required off-street parking spaces results in a fractional space, the fractional space shall be counted as one (1) parking space. If several uses occupy a single parcel or building, the off-street parking and loading requirement shall be the additive total for all these parcel's or building's uses, however, in the case of shopping centers with more than ten thousand (10,000) square feet of GFA, the parking requirements shall be based only on the total GFA regardless of use. Uses not listed shall have their parking requirements determined by the Department based on most similar use(s) or parking studies of similar uses in the region.

B.

Changes in use. For purposes of accommodating changes in use or tenancy in an existing shopping center of over ten thousand (10,000) square feet GFA, legal nonconforming parking provided on the site and on the Record Plan if applicable, shall be considered adequate for purposes of required parking.

C.

Parking requirements along designated byways. Parking requirements for development within six hundred sixty (660) feet of the right-of-way of a designated byway must be in accordance with the provisions of Article 18.

Table 40.03.522. OFF-STREET PARKING FOR SPECIFIC USES

Notes:

¹ Parking for institutional uses on governmental parkland is determined and certified by owner.

(Ord. No. 97-172, § 3(ch. 13, § 03.522), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.522), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 17-108, § 4, 5-8-2018; Ord. No. 18-021, § 6, 7-10-2018; Ord. No. 22-072, § 2, 10-11-2022; Ord. No. 24-130, § 4, 3-25-2025)

Parking shall be set back behind any required buffer area or as specified in Table 40.04.110. All parking spaces, aisles, and turning areas shall be located entirely within the served property's lot lines and shall not encroach on any road, driveway, or other public right-of-way. No parked vehicle shall overhang any road, sidewalk, access driveway or public right-of-way. The Department may permit off-site parking to be located on a contiguous parcel provided:

A.

It is determined to have safe and convenient pedestrian and vehicular access.

B.

The off-site parking is located within a zoning district that permits the use being served. However, institutional uses defined in Section 40.33.230, located in areas zoned residential and which existed prior to January 1, 2009 may permit their residentially zoned parking areas to be shared as off-site excess parking for adjacent commercial or office uses. The institutional use parking area must satisfy the minimum code requirements for the institutional use and may not be counted towards additional development potential for the adjacent commercial or office use. In addition, the on-site parking area for the commercial or office use must meet the minimum code requirements for that commercial or office use.

C.

If the off-site parking is across a collector street, the Department may require a pedestrian improvement such as cross walks or signalization. Off-site parking shall not be located across an arterial street.

D.

A cross access easement is recorded and is valid for the duration of the use requiring the parking. Such a cross access easement must be approved by the Department prior to it being recorded. Any limitations upon the operation of the off-site parking area shall be identified in the cross access agreement between the parties. Any proposed amendment to the cross access easement shall be provided to the Department for approval prior to recordation.

E.

Single-family homes shall have all parking other than overflow parking on site, except townhouses and atrium homes may opt to use off-site parking.

F.

Multi-family dwelling units shall have all off-site parking located within one hundred eighty (180) feet of the building being served. This provision also applies to townhouses or atrium homes that choose to use off-site parking.

G.

Where off-site parking is approved by the Department pursuant to this Section, the residentially zoned off-site parking areas for the commercial or office uses shall have a minimum six-tenths (0.6) opacity and an eight (8) foot opaque fence between the off-site parking area and adjacent residential parcels. The Department may also impose other conditions to the off-site parking area where such conditions will reduce noise and light migration from the off-site parking area to the residential parcel(s).

H.

Only passenger cars and light trucks not exceeding the limits of an oversized vehicle as defined in Chapter 7 shall park in the residentially zoned parking area.

I.

A land development plan shall be submitted for Department review before off-site parking may be approved by the Department pursuant to this Section.

(Ord. No. 97-172, § 3(ch. 13, § 03.523), 12-31-1997; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 08-096, § 3, 11-25-2008; Ord. No. 08-129, § 1, 2-24-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

When Table 40.03.522 calls for a special study, or where a developer or the Department believes the parking requirements are inappropriate for the proposed use and provides a reasonable explanation, a special study conducted by a transportation planner or engineer citing similar uses and based on a detailed analysis of peak hour parking of the proposed use may be submitted at the developer's expense. The County may substitute or rely on the special study for that specific property. All such special studies, if needed, shall be requested by the Department at time of the preapplication conference and shall follow the format of PDNA study in Section 40.22.615.

(Ord. No. 97-172, § 3(ch. 13, § 03.524), 12-31-1997)

A.

For commercial, commercial mixed-use, or institutional uses in any district, the Department may allow the developer to deduct from the required off-street parking their share of available parking in the defined development area in accordance with the following formula:

Parking Credit = S _a x P

Where:

S _a = Share of the area in the defined development area.

P = Total available parking spaces for the proposed use in the defined development area. These values would be taken from the development plan.

B.

The Department may consider the following factors in defining the development area:

1.

Existing buildings and structures with similarly-proximate setbacks are located on the same street.

2.

Existing or proposed pedestrian facilities or transit stops are nearby on adjacent streets.

3.

Institutional, public assembly or similar uses are nearby or may be accessed by pedestrians.

4.

The proposed development is in or near existing development that exhibits pedestrian-scale streetscapes.

5.

On-street parking on adjacent streets is permitted.

6.

Compatibility with Guiding Principles - Character Area standards for building design, site design and amenities.

7.

The proposed development utilizes concurrent modification of street bufferyard opacity standards.

8.

The proposed development is identified in any area or corridor master plan for land use or transportation.

9.

Natural or man-made boundaries are present.

(Ord. No. 97-172, § 3(ch. 13, § 03.525), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009; Ord. No. 18-021, § 7, 7-10-2018)

The number and minimum dimensions of handicapped parking spaces shall be consistent with the requirements found in the Americans with Disabilities Act (ADA).

(Ord. No. 97-172, § 3(ch. 13, § 03.526), 12-31-1997)

All parking facilities containing more than ten (10) parking spaces, excluding spaces for vehicle storage, fleet vehicles, and special vehicle types such as trucks, buses, trailers, and vans, shall provide one (1) bicycle parking space or locker for each ten (10) parking spaces. No more than twenty (20) bicycle parking spaces shall be required in any one (1) facility.

(Ord. No. 97-172, § 3(ch. 13, § 03.527), 12-31-1997; Ord. No. 18-021, § 8, 7-10-2018)

The intent of this Section is to regulate the mass, scale, visibility and overall aesthetic appearance of a parking structure in order to ensure its context sensitivity with the surrounding community.

A.

A parking structure shall be permitted on any parcel which would otherwise allow at-grade parking pursuant to Section 40.03.110. In the Suburban (S) District, a parking structure shall only be permitted in the Village or Hamlet development option.

B.

A parking structure shall be subject to the same bulk and area requirements as the principal use for which it is designed to serve as referenced in the table found in Section 40.04.110 ("District and bulk standards").

C.

A parking structure shall be required to meet the following site design standards addressing visibility, mass and scale:

1.

Architectural design and massing shall be consistent with the adjacent building(s) and the surrounding communities in both proportion and scale.

2.

Facade elevations shall utilize articulation and materials to complement the adjacent building(s).

3.

Ramps and decks shall be screened from view by way of architectural design.

4.

Pedestrian entrances shall have building features that are human-scaled.

5.

Where a parking structure is adjacent to an existing residential use or residential zoning district, the design shall incorporate transitional elements to minimize negative impacts to the surrounding community. Transitional elements shall include:

a.

Lighting shall be designed so that there is zero (0) foot candle at the property line of the residential area.

b.

Vehicular access and egress shall be located to minimize impact to the residential area.

D.

On land development plans proposing a parking structure, there shall be an increase in the landscape surface ratio (LSR) of no less than fifty (50) percent above the minimum LSR required by Table 40.04.110.

(Ord. No. 97-172, § 3(ch. 13, § 03.528), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 03.528), 9-22-1998; Ord. No. 15-053, § 3, 7-28-2015)