(a)

Provisions for site plan approval are hereby made for the area and density regulations for all permitted uses within a zoning district as described in this chapter, and to permit additional uses not otherwise permitted within a zoning district. Uses not otherwise permitted within a district are restricted to those provided for in this article and to properties with a minimum size of five acres and that shall accompany residential subdivisions with a minimum of 10 dwellings. In addition, for energy conservation only as stipulated below, site plan approval shall apply for permitted uses within business and industrial districts for all new construction and the expansion of existing buildings more than 50% of their existing size. It shall be the purpose and intent of site plan approval to provide alternatives for new development redevelopment proposals, to encourage variety and flexibility, for new development and redevelopment, and to provide the opportunity for energy efficient land use by permitting reasonable variations from the use and area regulations stated in this chapter. Site plan approval shall be based upon distinctiveness and excellence of site arrangement and design and including, but not limited to:

(1)

Common open space;

(2)

Unique treatment of parking facilities;

(3)

Outstanding architectural design;

(4)

Association with the natural environment including landscaping;

(5)

Relationship to neighborhood and community and/or;

(6)

Energy conservation by earning an additional 10 points from Section 7-8(7) of this Code.

(7)

Affordable housing using tax increment financing—Projects funded, or partially funded, under tax increment financing and/or low income housing tax credit that provides below market rate housing to persons making below 80% of the area median income (AMI) for households in New Castle County.

(b)

It is not the purpose and intent of this article to abrogate in any manner the powers or jurisdiction of the board of adjustment as provided in Section 32-66 of this chapter.

(Ord. No. 72-62, 11-27-72; Ord. No. 80-13, Amend. No. 4, 2-11-80; Ord. No. 95-17, Amend. No. 1, 7-10-95; Ord. No. 08-02, Amend. Nos. 1, 2, 2-25-08; Ord. No. 20-19, Amend. No. 2, 9-14-20; Ord. No. 23-08, Amend. No. 5, 5-22-23)

Any person applying for subdivision approval, rezoning, or a building permit, who wishes to develop a site or erect a structure different from that which is specified in the applicable zoning district as specified in this article shall, after conferring with the planning director, submit the following:

(a)

An application for site plan approval, as well as a detailed site plan drawn to an appropriate scale and related data. The site plan must accompany all applications and show elements of the proposed development of this site. Site plan approval submittal requirements shall include all information specified in Chapter 27, Subdivisions, of this code.

(b)

Site plan approval applications based on energy conservation as defined in Section 32-97(a)(6) shall also include the following:

(1)

The extent to which the proposed plan uses energy efficiently and conserves energy resources;

(2)

For development using solar energy, whether active or passive, site design, and building orientation to protect solar access, pursuant to the Subdivision and Development Regulations, Appendix XI, Design Standards for Energy Conservation and/or Solar Access, including a shadow plan showing shadows cast by proposed buildings, by existing buildings on or adjacent to the site, and by vegetation on or adjacent to the site. Where landscaping is proposed, shadows from such landscaping shall also be included in shadow plans.

(3)

Materials, plans, and related information pursuant to the requirements of the Subdivision and Development Regulations, Appendix XI, Design Standards for Energy Conservation and/or Solar Access.

(c)

Site plan approval applications including uses not otherwise permitted within a zoning district shall also include the following:

(1)

Color scale elevation drawings of all proposed building materials and types;

(2)

Detail descriptions of the uses proposed;

(3)

Descriptions of the relationship of the proposed development to the design criteria specified in this article;

(4)

Proposed plazas, bikeways, community identification signage, recreation, and similar amenity areas; and

(5)

Other information that may be required by the planning director to meet the purposes of this article.

(d)

The planning director shall review the site plan and determine its correlation to the Zoning Code permitted uses, area and density regulations and planning policies of the Subdivision and Development Regulations and the Comprehensive Development Plan. The developer, and if appropriate, the developer's engineer and architect, shall then confer with the planning director to further develop the submitted site plan. The site plan approval review process may be combined with the procedural requirements of Chapter XXVII, Subdivisions of this code.

(e)

The planning director shall transmit engineering, utility, and other details of the plan, for review and comment, to the city departments of public works, water and waste water, electric, building, city fire marshal, city police department, and city manager's office. These departments shall review those aspects of the plan which correspond in function to the respective departments. These departments shall then transmit reviews and comments back to the planning director.

(f)

The planning director shall submit a report to the planning commission, which shall contain, if appropriate, an evaluation of the plan, and other comments delineating the plan's relationship to planning policies, recommendations, and conditions, along with reviews from the above-mentioned departments.

(g)

The planning commission shall review the plan and consider recommendations made by the planning director and other aforementioned departments. The commission may recommend, in approving the plan, conditions and variations pertaining to permitted uses, lot size, yard dimensions, distance between buildings, height of buildings, density, the placement of signs, etc. Conditions and variations may only be recommended after a public meeting or hearing has been held, in accordance with Article XXI, Section 32-80 of this chapter. In recommending approval of the site plan, the planning commission may designate such conditions in connection therewith, as will, in its opinion, assure that the improvement and development will conform to the foregoing requirements, or modifications thereof, including, but not limited to, provisions for the protection of adjacent property, access and design for off-street parking and loading as shall be deemed necessary to secure the general intent of the district and the best development of the neighborhood, and to reduce injury to the value of the property in the neighborhood. Any excess land area thus produced shall be deemed common open space or public right-of-way, available to each resident or user within the proposed development or transferred by title to the city for general public use. Action by the planning commission shall be considered preliminary site plan approval, approval with conditions, or disapproval.

(h)

The planning director shall submit recommendations of the planning commission to city council, along with all necessary reports and supporting data. City council shall consider the recommendations of the planning commission at a regularly scheduled public meeting or hearing. In approving and accepting a site plan, the council may designate such conditions in connection therewith as will, in its opinion, assure that the improvement and development will conform to the foregoing requirements, or modifications thereof, including, but not limited to, provisions for protection of adjacent property, access and design for off-street parking and loading as shall be deemed necessary for the general intent of the district and the best development of the neighborhood, and to reduce injury to the value of property in the neighborhood.

(i)

Action by city council shall be final site plan approval, approval with conditions, or disapproval.

(Ord. No. 72-62, 11-27-72; Ord. No. 80-13, Amend. No. 5, 2-11-80; Ord. No. 95-17, Amend. No. 1, 7-10-95)

With site plan approval, the following uses shall be permitted in addition to those permitted within each residence zoning district. Non-residential uses, however, shall only be permitted in conjunction with residential uses:

(a)

Nursing home.

(b)

Offices for professional services and administrative activities.

(c)

Personnel service establishments.

(d)

Restaurants, except fast-food restaurants are not permitted.

(e)

Retail and retail food stores, not to exceed 5,000 square feet.

(f)

Studios for artists, designers, photographers, musicians and sculptors, not to exceed 5,000 square feet.

(g)

Banks, finance institutions, loan companies, except drive-in windows shall not be permitted.

(h)

In RH, RT, RS, RD, RR, and RM districts, residential dwellings of all types as permitted in each district shall be permitted in any of these residential districts, subject to the density bonuses in this article.

(Ord. No. 95-17, Amend. No. 1, 7-10-95)

With site plan approval the total number of dwelling units shall be permitted as specified below:

(a)

In RH district-up to four dwelling units per acre, with 20% of the total site under review for site plan approval set aside for parkland/open space.

(b)

In RT districts-up to six dwelling units per acre, with 30% of the total site under review for site plan approval set aside for parkland/open space.

(c)

In RS districts-up to eight dwelling units per acre, with 40% of the total site under review for site plan approval set aside for parkland/open space.

(d)

In RD districts-up to fourteen dwelling units per acre, with 70% of the total site under review for site plan approval set aside for parkland/open space.

(e)

Density bonuses for RR and RM districts shall be subject to the requirements of this article and Sections RM 32-11(a)(1)b and RR 32-13(c)(1) of this chapter.

(f)

Parkland and open space shall meet the conditions and criteria specified in Chapter 27, Subdivisions, Appendix VI.

(g)

In RE district—Up to two dwelling units per acre, with 10% of total site under review for site plan approval set aside for parkland/open space.

With site plan approval for new uses in business and industrial districts and/or the expansion of existing buildings more than 50% of their current size that comply with Subsection 32-97(a)(6), such buildings may be increased in gross floor area up to 15% beyond their permitted size in their respective zoning districts. That is, area requirements, including parking, height limitations, etc., shall not apply up to 15% of the existing limitations for such buildings.

(Ord. No. 95-17, Amend. No. 1, 7-10-95; Ord. No. 08-02, Amend. No. 3, 2-25-08; Ord. No. 21-06, Amend. No. 9, 3-22-2021)

When reviewing plans for site plan approval calling for uses not otherwise permitted in a district, in addition to considering the purposes of this chapter, Chapter 27, Subdivisions, and the Comprehensive Development Plan, the planning commission and city council shall consider the following review criteria and performance standards guidelines. In considering these standards, the planning commission and city council shall encourage flexibility and creativity of site design and shall recognize that these standards are intended to guide alternative approaches to growth and development.

(a)

Architecture.

(1)

The appropriateness of the design elements of the buildings in terms of the nearby community and adjoining properties and in relationship to each other. Appropriateness shall be considered in most cases to include evaluations of the following:

a.

Height of buildings;

b.

Bulk of buildings;

c.

Roof treatment;

d.

Materials, colors, and textures of building;

e.

Fencing.

(2)

The general architecture character, especially scale and stylistic features. In general, styles and character of normally not permitted uses shall correspond to and complement the styles and character of the proposed residential buildings.

(3)

Use of natural materials, including stone, brick, and wood.

(4)

Use of the same exterior building materials for all building walls wholly or partially visible from streets or public ways.

(5)

At the developer's expense, screening from public view of mechanical equipment or utility hardware on roofs or ground, with materials harmonious with the buildings.

(6)

At the developer's expense, screening from public view of refuse, waste removal areas, service yards, and related sites, using materials harmonious with the building.

(7)

For residences, garages should not be the dominant element of the front building facade.

(b)

Site design.

(1)

The relationship of the proposed streets and buildings to the contours and form of the site. In general, streets and buildings shall follow contours.

(2)

Preservation of natural features that enhance the attractiveness of the development including heavily wooded areas and large rock outcroppings; utilization of environmentally sensitive areas as site amenities.

(3)

Residences backing onto street shall be discouraged.

(4)

Landscape treatment to enhance architectural features; materials natural to the area are preferred.

(5)

Exterior lighting, when used for use not otherwise permitted within a zoning district, shall enhance the building and site design and shall be screened or directed to limit impact on adjacent or nearby residences.

(c)

Signage. In addition to meeting all the requirements for signage in this chapter, signage for site plan approval developments shall:

(1)

Be designed as integral architectural elements of the buildings and/or site.

(2)

Be compatible with signs on adjoining premises; including prototype and corporate logo signs.

(d)

Transportation and roadways.

(1)

Traffic impact on nearby roadways and intersections.

(2)

Circulation patterns which minimize conflicts among vehicles, bicycle, pedestrian traffic, and accommodate emergency vehicles.

(3)

Parking shall not be permitted in front yards of any uses not otherwise permitted in the district, except for approved driveways.

(4)

Street system design shall discourage inappropriate through traffic, but connect to existing street patterns whenever possible.

(5)

Street system design which provides for public transit service.

(6)

The provisions of bike paths.

(7)

Pedestrian ways integrated into the site.

(8)

To limit vehicular speeds and minimize stormwater run off, local roads and right-of-way widths for streets may be reduced as provided below. Such roadway and right-of-way width reductions shall conform to all applicable state and city fire prevention requirements, and receive any necessary waivers from such requirements. Local roads in this article are those intended to provide vehicular access to abutting traffic and are intended to connect to collector roads. Collector roads carry traffic from local streets to arterial roadways, usually state highways in Newark.

a.

On-street parking may be prohibited or limited on local roads and culs-de-sac.

b.

Local roads in this article shall be limited to serving no more than 25 dwellings.

c.

Culs-de-sac, as permitted in this article, shall be limited to serving no more than 10 dwelling units.

d.

For developments with more than six units per acre, alleys may be permitted. Alleys are defined as secondary accessways intended to provide rear access to parking or garages at residential properties. Alleys are suggested for properties with narrow lot widths-50 feet or less. Rear loading parking may allow for the elimination of numerous driveways, and on-street parking. No parking is allowed in alleys. Alleys may be used for municipal refuse collection. All alleys shall be privately maintained. Alleys should conform to the following requirements:

e.

All residential structures shall be located within a radius of at least 100 feet from a fire emergency vehicle set-up area. Such set-up area shall be located within the right-of-way, unobstructed, parking shall not be permitted, and they shall be appropriate signed.

(e)

Open and common space design.

(1)

Design of open areas to provide adequate active and passive recreational space for the proposed development in conformance with the requirements of this article and Chapter 27, Subdivisions.

(2)

Integration of open space and common areas into the site design taking advantage of the site's contours and natural advantages.

(3)

Open space and common areas designed and located to minimize maintenance requirements.

(4)

Open space and common areas integrated with proposed uses not normally permitted.

(5)

Open space and common areas consisting of expanded pedestrian facilities and traffic islands, small public squares, or similar community green spaces.

(6)

Open space and common areas located in view of public streets, insofar as possible.

(7)

For commercial portions of a development containing more than two such commercial or nonresidential uses, 25% of the total area devoted to such normally not permitted uses shall be set aside as public open space, meeting the conditions specified in Chapter 27, Subdivisions.

(f)

Landscaping and tree planting.

(1)

All residential site plan approval development shall meet the following tree planting standards:

a.

One ten-foot high, one and one-half inch caliper deciduous, and one six foot high evergreen tree shall be added to existing plantings for each dwelling on lots 9,000 square feet or larger.

b.

One ten-foot high, one and one-half inch caliper deciduous or one six-foot high evergreen tree shall be added to existing plantings for each dwelling on lots less than 9,000 square feet.

c.

One ten-foot high, one and one-half inch caliper tree shall be required every 50 feet along local road street frontage.

d.

For parcels with rear yards on streets and roadways, a 20-foot wide landscape buffer shall be provided. Existing trees shall be preserved in the buffer. Selective pruning, removal of noxious weeds and other required plant maintenance, however, shall be permitted. Supplementary evergreens and ornamental plants shall be added to screen residences from roadways.

e.

Variety of tree species shall be encouraged for street trees. Species shall be approved by the parks, electric, and water and waste water departments taking into account potential impact on utilities, rights-of-ways, and sight distances at intersections.

(2)

All commercial site plan approval development shall meet the requirements of Article XXV, Landscaping Screening and Treatment, of this chapter, except that where trees on street frontages are required in subsection 32-98.3(f)(1)c., such trees shall be required.

(g)

Other city requirements. All developments granted site plan approval shall meet all other applicable municipal code standards, including requirements for fire-safety, housing, management and drainage, and utilities service, except as otherwise regulated in this article.

(Ord. No. 95-17, Amend. No. 1, 7-10-95)

(a)

If building permits have not been issued and/or construction has not been initiated within 18 months after final approval, the approved plan shall expire. A new application for site plan approval may be then submitted in accordance with the provisions of this article.

(Ord. No. 72-62, 11-27-72)

(a)

The city manager, after conferring with the planning director and the director of public works, may approve minor modifications in an approved site plan, as field conditions may require. Council will be notified of all such modifications; approval will be granted unless objections thereto are raised by city council not later than the second successive regular meeting. The city manager shall have no authority to approve changes in boundaries of streets and other areas to which title has been transferred or for which agreement has been made to transfer to the city or other public agency. Moreover, the city manager may declare any proposed modifications as major and thereby refer the site plan back to the planning commission and city council for reconsideration, citing the reasons therefor.

(Ord. No. 72-62, 11-27-72)

(a)

Each applicant shall remit a nonrefundable fee, indicated in subsection 32-3.1(a)(4)a, payable to the city when filing application to the city for site plan approval, plus a review fee as indicated in subsection 32-3.1(a)(4)b.

(Ord. No. 72-62, 11-27-72; Ord. No. 17-05, Amend. No. 8, 2-13-17)