(a)

In a BL district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

Church or other place of worship, seminary or convent, parish house, or Sunday school building.

(2)

Public and private elementary, junior, and senior high schools.

(3)

Park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(4)

Municipal tower, water storage tank, water reservoir, water pumping station, and water treatment plant.

(5)

Municipal sewage pumping station and sewers.

(6)

Right-of-way, street.

(7)

Utility transmission and distribution lines.

(8)

Public transportation bus or transit stops for the loading and unloading of passengers.

(9)

Social club, fraternal, social service, union, and civic organization.

(10)

Accessory buildings or structures, no impact, and accessory uses, no impact, including a private garage as defined and limited [in] Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(11)

Hospitals.

(12)

Residences shall not be permitted except for one apartment unit provided in conjunction with any one nonresidential use.

(13)

Offices for professional services and administrative activities.

(14)

Finance institutions, banks, loan companies.

(15)

Undertakers.

(16)

Barbershops (limited to a maximum of five chairs) and beauty parlors.

(17)

Parking spaces, off-street.

(18)

Reserved.

(19)

Public transportation bus or transit stops for the loading and unloading of passengers.

(20)

Swimming club, private (commercial).

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Police and fire station, library, museum, and art gallery.

(2)

Country club, regulation golf course, including customary accessory uses, subject to the following special requirements:

a.

All buildings shall have a minimum setback of 120 feet from all street and property lines.

b.

The golf facilities shall be used only during daytime hours.

(3)

Substation, electric and gas, and telephone central office, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(4)

Day care centers, kindergartens, preschools, day nursery schools, and orphanages, subject to the following special requirements:

a.

At least 100 square feet of outdoor play space per child shall be provided.

b.

Outdoor space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet.

c.

35 square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, and mechanical rooms, and other areas not used by children for sleep or play on a routine basis; the minimum lot area shall be not less than 10,000 square feet.

(5)

Drive-in and curb service business, for other than eating establishments, with a minimum setback of 65 feet.

(6)

Bed and breakfast, defined as an inn, guest house, and similar commercial lodging establishment permitted only in a structure in existence at the time of this ordinance's adoption (6/26/95), subject to the following special requirements:

a.

Meal service shall be provided for overnight guests only.

b.

The bed and breakfast must be the lawful residence of the owner and the owner must reside on the premises at all times while such premises are being operated as a bed and breakfast establishment.

c.

The maximum number of rooms for the overnight accommodations of guests shall be 10.

d.

No cooking facilities shall be permitted in any of the guest rooms.

e.

Signage permitted shall be pursuant to the requirements of Article XVII of this chapter.

f.

One additional off-street parking space shall be provided for each guest room in addition to the spaces specified for the existing use, except that no such additional parking shall be located in any required side yard, and all such additional parking shall be separated from adjoining properties with a six-foot high evergreen screen.

g.

The structure must meet all applicable city and state building and fire code requirements.

h.

The maximum length of stay of any guest shall be 15 consecutive days and 40 total days in any calendar year in any single bed and breakfast establishment.

i.

The minimum lot shall be one-half acre.

j.

The owner of a bed and breakfast establishment shall maintain accurate and complete records which reflect the names, addresses, and dates of visits of all guests that stay at such bed and breakfast establishment. Upon request, such records shall be made available to the building department. The contents of such records shall be kept confidential by the building department unless it is necessary to take enforcement action resulting from a review of such records.

(7)

Accessory buildings or structures, with impact, and accessory uses, with impact, including a private garage as defined and limited in Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(c)

Every applicant for subdivision approval, rezoning, or a building permit who wishes to develop a site or erect a structure in a manner different from that which is specified in the BL district area regulations as stated in this chapter, shall first file for site plan approval as provided in Article XXVII of this chapter.

(d)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any permitted use, together with its accessory buildings, shall be 3,000 square feet.

(2)

Maximum lot coverage. In a BL district, the maximum lot coverage shall be 40% except for those uses otherwise regulated as specified in this section.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum lot width in a BL district shall be 75 feet, except for those uses otherwise regulated as specified in this section.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2) of this chapter, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance of 20 feet. Vehicular parking shall not be permitted in the required front yard area.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2), (3) of this chapter, a rear yard of 15 feet, but in no case less than one-half the height of the building, shall be provided on every lot.

(7)

Side yards. There shall be two side yards, together having an aggregate width of not less than 25 feet, neither of which shall be less than ten feet wide.

(Ord. No. 70-31, Art. VI, § 1, 7-21-70; Ord. No. 72-10, 2-14-72; Ord. No. 72-62, 11-27-72; Ord. No. 74-7, 2-25-74; Ord. No. 77-62, Amend. No. 1, 11-28-77; Ord. No. 78-33, Amend. No. 8, 9-11-78; Ord. No. 82-2, Amend. No. 6, 2-8-82; Ord. No. 95-13, Amend. No. 2, 6-26-95; Ord. No. 98-14, Amend. No. 7, 6-22-98; Ord. No. 05-18, Amend. No. 2, 7-11-05; Ord. No. 15-18, Amend. No. 9, 9-14-15; Ord. No. 25-14, Amend. No. 4, 3-24-25)

(a)

In a BLR district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

Church or other place of worship, seminary or convent, parish house, or Sunday school building.

(2)

Public and private elementary, junior, and senior high schools.

(3)

Park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreation purposes.

(4)

Municipal tower, water storage tank, water reservoir, water pumping station, and water treatment plant.

(5)

Municipal sewage pumping station and sewers.

(6)

Right-of-way, street.

(7)

Utility transmission and distribution lines.

(8)

Public transportation bus or transit stops for the loading and unloading of passengers.

(9)

Social club, fraternal, social service, union, and civic organization.

(10)

Accessory buildings or structures, no impact, and accessory uses, no impact, including a private garage as defined and limited [in] Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(11)

Hospitals.

(12)

Apartments are permitted in conjunction with any nonresidential uses permitted in this district. Nonresidential uses are permitted on ground floor and second floor only in such mixed use buildings and permitted nonresidential uses shall occupy a minimum of 30% of the gross floor area of each building.

(13)

Offices for professional services and administrative activities.

(14)

Undertakers.

(15)

Barbershops, beauty shops.

(16)

Personal service establishments, limited to a maximum floor area of 5,000 square feet.

(17)

Special retail stores, with a maximum floor area for any one establishment limited to 5,000 square feet.

(18)

Finance institutions, banks, loan companies.

(19)

Parking spaces, off-street.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter.

(1)

Police and fire stations, library, museum, and art gallery.

(2)

Country club, regulation golf course, including customary accessory uses subject to the following special requirements:

a.

All buildings shall have a minimum setback of 120 feet from all street and property lines.

b.

The golf facilities shall be used only during daytime hours.

(3)

Substation, electric and gas, and telephone central office, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(4)

Day care centers, kindergartens, preschools, day nursery schools, and orphanages, subject to the following special requirements:

a.

At least 100 square feet of outdoor play space per child shall be provided.

b.

Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas, or land unsuited by other usage or natural features for children's active play space. Fencing or other enclosures shall be a minimum height of four feet.

c.

35 square feet of indoor area shall be provided per child, not including toilet rooms, kitchens, offices, storage spaces, hallways, and mechanical rooms, and other areas not used by children for sleep or play on a routine basis; the minimum lot area shall be not less than 10,000 square feet.

(5)

Drive-in and curb service business, for other than eating establishments, with a minimum setback of 65 feet.

(6)

Bed and breakfast, defined as an inn, guest house, and similar commercial lodging establishment permitted only in a structure in existence at the time of this ordinance's adoption (6/26/95), subject to the following special requirements:

a.

Meal service shall be provided for overnight guests only.

b.

The bed and breakfast must be the lawful residence of the owner and the owner must reside on the premises at all times while such premises are being operated as a bed and breakfast establishment.

c.

The maximum number of rooms for the overnight accommodations of guests shall be 10.

d.

No cooking facilities shall be permitted in any of the guest rooms.

e.

Signage permitted shall be pursuant to the requirements of Article XVII of this chapter.

f.

One additional off-street parking space shall be provided for each guest room in addition to the spaces specified for the existing use, except that no such additional parking shall be located in any required side yard, and all such additional parking shall be separated from adjoining properties with a six-foot high evergreen screen.

g.

The structure must meet all applicable city and state building and fire code requirements.

h.

The maximum length of stay of any guest shall be 15 consecutive days and 40 total days in any calendar year in any single bed and breakfast establishment.

i.

The minimum lot area shall be one-half acre.

j.

The owner of a bed and breakfast establishment shall maintain accurate and complete records which reflect the names, addresses, and dates of visits of all guests that stay at such bed and breakfast establishment. Upon request, such records shall be made available to the building department. The contents of such records shall be kept confidential by the building department unless it is necessary to take enforcement action resulting from a review of such records.

(7)

Accessory buildings or structures, with impact, and accessory uses, with impact, including a private garage as defined and limited in Article II and subject to the special regulations of Article XV of this chapter, excluding semi-trailers and similar vehicles for storage of property.

(c)

Every applicant for subdivision approval, rezoning, or a building permit who wishes to develop a site or erect a structure in a manner different from that which is specified in the BLR district area regulations as stated in this chapter, shall first file for site plan approval as provided in Article XXVII of this chapter.

(d)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any permitted use, together with its accessory buildings, shall be 3,000 square feet, except for apartments in conjunction with nonresidential uses, the minimum lot area shall be one-half acre, with a maximum number of dwelling units per gross acre not to exceed 16.

(2)

Maximum lot coverage. In a BLR district, the maximum lot coverage shall be 40% except for those uses otherwise regulated as specified in this section and except for apartments in conjunction with nonresidential uses, for which the maximum lot coverage shall be 25%.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum lot width in a BLR district shall be 75 feet, except for those uses otherwise regulated as specified in this section.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three (3) stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2) of this chapter, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance of 20 feet. Vehicular parking shall not be permitted in the required front yard area.

(6)

Rear yards. Except as specified in Article XVI, Sections 32-56.2(d)(e)(1), (2), (3) of this chapter, a rear yard of 15 feet, but in no case less than one-half the height of the building, shall be provided on every lot except for apartments in conjunction with nonresidential uses, for which a rear yard of 25 feet, but in no case less than one-half the height of the building, shall be provided on every lot.

(7)

Side yards. There shall be two side yards, together having an aggregate width of not less than 25 feet, neither of which shall be less than ten feet wide.

(8)

Open area. At least 35% of the lot area shall be devoted to open area; except for apartments in conjunction with nonresidential uses, where at least 40% shall be devoted to open area.

(Ord. No. 75-11, § 1, 3-24-75; Ord. No. 77-62, Amend. No. 2, 11-28-77; Ord. No. 78-33, Amend. No. 9, 9-11-78; Ord. No. 82-2, Amend. No. 7, 2-8-82; Ord. No. 95-13, Amend. No. 3, 6-26-95; Ord. No. 98-14, Amend. No. 8, 6-22-98; Ord. No. 06-24, Amend. No. 2, 9-11-06; Ord. No. 06-28, Amend. Nos. 1—3, 10-23-06; Ord. No. 09-15, Amend. Nos. 1—6, 4-27-09; Ord. No. 15-18, Amend. No. 10, 9-14-15)

(a)

In a BN district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

Parking spaces, off-street.

(2)

Public transportation facilities, including bus or transit stops, stations, and depots.

(3)

Street right-of-way.

(4)

Utility transmission and distribution lines.

(5)

Water tower, water reservoir, water storage tanks, pumping station, and sewer.

(6)

Social club, fraternal, social service, union, and civic organization.

(7)

Community recreation center, for nonprofit use only.

(8)

Studio for artists, designers, photographers, musicians, and sculptors. The maximum floor area for any one establishment shall be 5,000 square feet.

(9)

Instructional, business, or trade schools. The maximum floor area for any one establishment shall be 5,000 square feet.

(10)

Offices for professional services and administrative activities, subject to the following conditions:

a.

The maximum lot coverage shall be 35%.

b.

The maximum paved area shall be 50%.

c.

The minimum distance between buildings shall be 35 feet.

d.

The minimum street frontage shall be 75 feet with a lot size not smaller than 20,000 square feet providing for an open area of 15%.

(11)

Finance institutions, banks, loan companies.

(12)

Retail stores, which shall be limited to the sale of gifts, antiques, flowers, jewelry, newspapers, books, hobbies, stationery, art supplies, radio or television, hardware, variety, clothing, drugstores, beverages, or liquors. The maximum floor area of any one establishment shall be 5,000 square feet.

(13)

Personal service establishments, limited to a maximum floor area of 5,000 square feet.

(14)

Laundromats.

(15)

Restaurants, excluding fast-food and drive-in restaurants.

(16)

Retail food stores such as bakeries, bakery-restaurants, candy, convenience grocery, meat markets, delicatessens, and excluding the preparation of goods for sale off the premises.

(17)

Neighborhood shopping center, including only those uses permitted in this section and subject to the following special requirements:

a.

The gross floor area, not including the basement, shall not exceed 0.35 times the lot area for one-story structures and 0.50 times the lot area for two-story structures, and 0.65 times the lot area for three-story structures.

b.

Minimum lot size. No grouping of stores shall be placed on a lot area less than one and one-half acres nor more than four and five-tenths acres. No zoning lot, when applicable, on which an individual building is placed, shall contain less than 3,000 square feet.

c.

Maximum floor area. 30,000 square feet shall be the maximum floor area permitted for any one establishment located within a neighborhood shopping center.

d.

Minimum lot width. 250 feet.

e.

Minimum distance between any building, including accessory uses, except parking, and any residential district shall be 50 feet.

f.

Minimum distance between any building, including accessory uses, except parking, and any street line shall be 50 feet.

g.

Minimum distance between any group (more than one) of stores and the following uses: church, library, school, college, nursing home and hospital, one hundred and 150 feet measured along the same street line in the same block.

h.

Maximum width of curb cuts at access driveways shall be 35 feet.

i.

Minimum distance between any access driveway and any resident district shall be 50 feet.

j.

Spacing of access driveways:

1.

Minimum distance from adjoining property lines shall be 10 feet.

2.

Minimum distance from the right-of-way line of minor intersections shall be 30 feet; from the right-of-way line of major intersections shall be 50 feet.

3.

Minimum distance between access driveways shall be 30 feet.

4.

Access driveways onto state highways shall be approved by the city engineer and the Delaware Division of Highways.

k.

Except for access driveway openings where the curb shall be depressed, a raised curb of at least six inches in height shall be provided along all street lines, or within the right-of-way if approved by the city engineer and where applicable, by the Delaware Division of Highways.

l.

Off-street parking and loading requirements shall be subject to the requirements outlined in Article XIV of this chapter.

(18)

Related indoor storage facilities are permitted as an accessory use to any of the permitted uses in this district, excluding the storage of highly combustible or explosive products or materials which are likely to burn with extreme rapidity, or which may produce poisonous fumes or explosions, or products and materials which involve highly corrosive, toxic, or noxious alkalies, acids, or other liquids or chemicals producing flames, fumes, poisonous, irritant, or corrosive gases.

(19)

Accessory buildings or structures, no impact, and accessory uses, no impact, excluding semitrailers and similar vehicles for storage of property.

(20)

Repair and servicing, indoor on-site and off-site, of any article for sale which is permitted in this district. A 20 foot setback is required with no vehicular parking permitted in the required front yard area.

(21)

Photo developing and finishing.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Police and fire station.

(2)

Substation, electric and gas, and telephone central office, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(3)

Church, or other place of worship, seminary or convent, parish house, or Sunday school building.

(4)

Library, museum, art gallery.

(5)

Drive-in and curb service for other than eating establishments, with a minimum setback from all street lines of 65 feet.

(6)

Restaurants, with alcoholic beverages, except as otherwise regulated in this chapter, subject to the requirements in Section 32-56.4.

(7)

Accessory buildings or structures, with impact, and accessory uses, with impact, excluding semitrailers and similar vehicles for storage of property.

(c)

Every applicant for subdivision approval, rezoning or a building permit who wishes to develop a site or erect a structure in a manner different from that which is specified in the BN district area regulations as stated in this chapter, shall first file for site plan approval as provided in Article XXVII of this chapter.

(d)

Area regulations.

(1)

Minimum lot areas. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any permitted use, together with its accessory buildings, shall be 5,000 square feet, except that in the case of a building which is part of a row of attached business structures on separate lots, the minimum lot area shall be 3,000 square feet, so long as parking space and loading space is provided in accordance with the requirements in Article XIV of this chapter.

(2)

Lot coverages. In a BN district, the maximum lot coverage shall be 30%, except for uses which are otherwise regulated.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot shall be 75 feet, except for those uses which are otherwise regulated.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2) of this chapter, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of the street on which the building fronts by at least a minimum distance of 20 feet. Vehicular parking shall not be permitted in the required front yard area, except that for setback requirements for a neighborhood shopping center wherein vehicular parking shall be permitted, Section 32-17(a)(17) of this chapter shall apply.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2) of this chapter, a rear yard of 15 feet, but in no case less than ½ the height of the building, shall be provided on every lot.

(7)

Side yards. In a BN district, side yards shall be ten feet, with a minimum aggregate width of two side yards of 25 feet, except that along a side lot forming a boundary between such district and any residence district, the side yard shall be 50 feet.

(Ord. No. 70-31, Art. VI, § 2, 7-21-70; Ord. No. 72-10, 2-14-72; Ord. No. 72-62, 11-27-72; Ord. No. 74-7, 2-25-74; Ord. No. 75-37, § 2, 7-25-75; Ord. No. 75-44, § 1, 9-22-75; Ord. No. 76-22, Amend. No. 2, 5-10-76; Ord. No. 77-50, Amend. No. 1, 11-28-77; Ord. No. 77-51, Amend. No. 3, 10-24-77; Ord. No. 77-60, Amend. No. 1, 10-24-77; Ord. No. 77-62, Amend. No. 3, 11-28-77; Ord. No. 78-6, Amend. No. 1, 2-13-74; Ord. No. 78-23, Amend. No. 10, 9-11-78; Ord. No. 79-14, Amend. No. 3, 3-26-79; Ord. No. 82-2, Amend. No. 8, 2-8-82; Ord. No. 88-21, Amend. No. 1, 8-8-88; Ord. No. 05-15, Amend. No. 2, 5-23-05; Ord. No. 05-15 (Revised), Amend. No. 2, 5-23-05; Ord. No. 15-18, Amend. No. 11, 9-14-15)

(a)

In a BB district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

(1)

Retail and specialty stores.

(2)

Retail food stores up to 5,000 square feet in maximum floor area, limited to bakeries, confectionery, candy, gourmet shops, small convenience grocery, and meat sales facilities. Goods produced on the premises shall be sold only on the premises.

(3)

Restaurants, bakery-restaurants, and delicatessens.

(4)

Finance institutions, banks, loan companies.

(5)

Offices for professional services and administrative activities.

(6)

Personal service establishments.

(7)

Studio for artists, designers, photographers, musicians, and sculptors.

(8)

Repair and servicing, indoor and off-site, of any article for sale which is permitted in this district. A 20 foot setback is required for this with no vehicular parking permitted in the required front yard area.

(9)

Related indoor storage facilities are permitted as an accessory use to any of the permitted uses in this district, excluding highly combustible or explosive products or materials which are likely to burn with extreme rapidity, or which may produce poisonous fumes or explosions, or products and materials which involve highly corrosive, toxic, or noxious alkalies, acids, or other liquids or chemicals producing flames, fumes, poisonous, irritant, or corrosive gases.

(10)

Accessory buildings or structures, no impact, and accessory uses, no impact.

(11)

Public parking garages and parking lot.

(12)

Parking, off street.

(13)

Public transportation facilities, including bus or transit stops for the loading and unloading of passengers; stations and depots.

(14)

Street right-of-way.

(15)

Utility transmission and distribution lines.

(16)

Water tower, water reservoir, water storage tank, pumping station and sewer.

(17)

Social club, fraternal, social service, union, and civic organizations, except on ground floor locations.

(18)

Photo developing and finishing.

(19)

Apartments in conjunction with any commercial uses permitted in this district. Apartments are not permitted on ground floor locations with the exception of a lobby and/or entrance for residential access.

(20)

Church, or other place of worship, seminary or convent, parish house, or Sunday school building.

(21)

Hospitals.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Retail food stores with more than 5,000 square feet in floor area.

(2)

Drive in and curb service, for other than eating establishments, with a minimum setback from all street lines of 65 feet.

(3)

Reserved.

(4)

Motels and hotels.

(5)

Commercial indoor recreation and indoor theaters.

(6)

Instructional, business, or trade schools.

(7)

Substation, electric, gas, and telephone central office, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(8)

Tower, broadcasting and telecommunications, located outside the public rights-of-way, subject to the following special requirements under Section 32.56.7(2) of this chapter:

a.

Timing of approval for applications. The city shall comply with all federal timing requirements for the consideration of applications for new towers, as well as collocated antennas that fall under the Spectrum Act and/or the October 2014 Report and Order promulgated by the FCC. Tower applications shall be accompanied by a professional engineer's report containing the following:

1.

A technical evaluation of the utilization of existing towers for telecommunications or other equipment intended for the installation on the proposed tower, as well as a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

2.

A technical evaluation of the feasibility of attaching the tower or antenna to an existing, or previously approved, structure or wireless support structure, or sited on land owned and maintained by the City of Newark. A list of approved, municipally-owned buildings and parcels appropriate for wireless facilities placement is kept on file at the city planning and development office. Council may deny an application to construct a new tower if the applicant has not made a good faith effort to mount an antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter of a mile radius of the site proposed for the tower, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

i.

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

ii.

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

iii.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

iv.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

3.

Certification that the proposed tower will fill a significant gap in wireless coverage or capacity that exists in the applicable area and that the type of wireless facility being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the city's decision on an application for approval of a telecommunications tower.

4.

Written certification of compliance with Federal Communications Commission Safety Standards for exposure to nonionizing electromagnetic radiation.

5.

Copies of all applicable state and federal permits.

6.

An engineering analysis of the proposed tower, including a summary of the proposed tower's capacity to provide space for future co-location by others.

b.

Any principal part of the tower, excluding guy cables, shall be set back from the nearest property line of a church, library, school, nursing home, hospital, or lot zoned residential (RH, RT, RS, RD, RM, RR, and AC) not less than three times the height of the tower or 350 feet, whichever is greater. The setback shall be measured from the nearest point of the base of the tower to the nearest point of the property line of the protected use. If the applicant uses self-collapsing technology in its tower design, the setback from the nearest property line shall be one and a half times the height of the tower or 150 feet, which is greater.

c.

No artificial light shall be installed upon any such tower unless required by the Federal Aviation Administration. If such light is required, it shall be screened so as not to project its light below the horizontal plane in which it is located.

d.

Towers shall not exceed 175 feet in height unless a variance is successfully obtained by the applicant. Towers over 200 feet in height shall be guyed and not self-supporting nor consisting of lattice type structures, unless the applicant demonstrates that a guyed tower shall have a greater negative visual impact than a self-supporting tower.

e.

To the extent permitted by applicable federal law and FCC regulations, towers located on existing buildings or structures shall not extend beyond 22 feet above the highest point of the building or structure. Accessory buildings or facilities for towers located on existing buildings or structures shall be located either in or on top of such buildings or structures.

f.

The applicant shall submit a soil report to the city complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower, and anchors for guy wires, if used.

Landscaping shall be provided around the base of the tower and adjacent to a required security fence that shall be at least ten feet high. The landscaping shall consist of a minimum 25-foot wide planting strip with ground cover and/or grass, including at least one row of six foot high evergreen trees providing a solid screen adjacent or proximate to the fence, and 15 foot high, two inch caliper deciduous trees, interspersed within the buffer area and no more than 20 feet apart. Applicants may substitute alternative landscape plans that meet the purposes of this subsection to limit the visual impact of the lower portion of the tower and adjoining accessory facilities. Camouflaged towers designed to look like trees may be exempt from this subsection, subject to council approval. Towers located on top of buildings three stories or more in height and telecommunication antennas located on existing buildings shall be exempt from this subsection, except that a six-foot high solid evergreen screen shall be required between any telecommunications antenna or tower accessory building and adjoining properties. A ten-foot high security fence and an adjoining six-foot high solid evergreen screen adjacent or proximate to the fence shall be provided around the anchoring facilities for guy wires for guyed towers.

g.

No outdoor storage shall be permitted at the tower site.

h.

Unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration, towers shall be light gray in color. Camouflaged towers designed to look like trees or employing other alternative methods of stealth technology may be exempt from this subsection, subject to council approval. Telecommunication antennas with colors designed to match buildings or structures to which they are attached shall be exempt from this subsection. Towers shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering design and construction principles, practices and techniques.

i.

A tower shall be located so as not to encroach into any established public or private airport approach as established by the Federal Aviation Administration.

j.

Towers higher than 100 feet must be a minimum of 2,000 feet from the nearest similar tower, measured from the base of the towers.

k.

New telecommunications facilities may be attached to an approved tower without applying for an additional special use permit so long as the new facility does not substantially change the dimensions of the wireless support structure, or trigger any other exemption outlined by federal or state regulation. Antennas being sited on structures that do not already act as wireless support structures may be approved administratively, so long as they do not exceed ten feet in height and are constructed with a stealth design approved by council. To the extent permitted by state and federal law, as built drawings must be submitted to staff in advance of receiving such administrative approval, in order to determine whether the applicants proposed facility is eligible for administrative approval.

l.

No interference with existing television, cable television, radio signals, emergency communications services, or other electronic devices shall be permitted from the tower. If interference occurs, it shall be immediately remedied by the operators of the tower.

m.

If a tower is abandoned, unused for two years, or no longer operable, it shall be removed within six months of its abandonment. If a tower is not dismantled as specified in this subsection, the city shall arrange to have the facility dismantled and will assess the landowner all costs associated with the removal of the tower. If the full amount due the city is not paid by the owner, or person in control of the property, or his or her agent, within 90 days of receipt of a bill from the city, the city finance director shall cause a special assessment to be recorded in the municipal lien docket. The recordation of such special assessment shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made.

n.

That the owner of such tower shall provide proof to the city that the tower has undergone a triennial inspection for structural integrity. Said inspection is to be performed by a certified engineer, or other qualified professional, at the expense of the owner of the tower. If structural deterioration is found to be present, and such deterioration affects the physical stability or aesthetic integrity of the tower, the owner shall be required to correct such deterioration within a time limit to be established by the building department.

In addition, the operator of such tower shall provide annual proof to the city that the tower has undergone field measurements to ensure compliance with all applicable Federal Communication Commission safety standards for exposure to nonionizing electromagnetic radiation. Such field measurements, and submission of the results to the city, shall be conducted upon start of the facility and annually thereafter, except that every third year, such proof of compliance shall be submitted on behalf of the operator by an independent nonionizing electromagnetic radiation evaluator. All such field measurements, and submission of the results, are to be performed by a certified engineer, or other qualified professional, at the expense of the operator. If such field measurements demonstrate noncompliance with Federal Communication Commission safety standards specified in this section, transmission at the facility shall be suspended until such time as full Federal Communication Commission safety standards compliance is demonstrated to the satisfaction of the city.

o.

The owner of such tower shall give proof to the city that any damages which may occur to surrounding properties or injury which may occur to persons, which damages or injuries are caused by a failure of the tower and/or its associated structural supports, regardless of whether such failure is a result of human error or an act of God, shall be paid by the owner of the tower and/or insurers of the tower.

p.

Wireless telecommunications facilities shall not be located upon a property, and/or on a building or structure that is listed on the National or Delaware Registers of Historic Places, included in section 7-19 of this Code pertaining to historic structures, or is described in the official historic structures and/or historic districts list maintained by the city.

q.

Wireless telecommunications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the City Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only, but no more than 24 hours.

r.

The city may assess appropriate and reasonable permit fees directly related to the city's actual costs in reviewing and processing the application for approval of a tower or antenna, as well as related inspection, monitoring, and related costs.

s.

City residents and amateur radio operators utilizing satellite dishes, towers and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the zoning ordinance.

t.

Notwithstanding the criteria set forth in section 32-78 of this chapter, council shall grant the application if all of the foregoing requirements are met.

(9)

Police and fire stations.

(10)

Library, museum, and art gallery.

(11)

Reserved.

(12)

Reserved.

(13)

Restaurants, with alcoholic beverages, except as otherwise regulated in this chapter, subject to the requirements in Section 32-56.4.

(14)

Accessory buildings or structures, with impact, and accessory uses, with impact.

(15)

Indoor theaters, with alcoholic beverages, except as otherwise regulated in this chapter, and subject of the requirements in Section 32-56.4(f) and requirements of the Delaware Code.

(16)

Microbrewery and craft distillery, subject to the requirements of subsections 32-56.4(f) and 32-56.4(g). Manufacturing and sales shall not exceed more than 20,000 barrels for microbreweries and 250,000 proof gallons for craft distilleries during a calendar year.

(17)

Veterinary hospital.

(18)

Body art establishments subject to the following special requirements:

a.

Minimum distance between this use and a lot used as a public or private elementary, junior, and/or senior high school shall be 200 feet.

b.

The establishment shall receive a permit to operate from the State of Delaware Department of Health and Social Services prior to receiving a City of Newark business license and shall maintain said permit until such time that the business is no longer at the premises.

c.

The establishment shall display their permit and annual health inspection certification in a visible location to patrons and present documentation upon request.

d.

The establishment shall operate by appointment only; no walk-ins will be permitted. Appointments may include events not to exceed 15 persons or the allowable occupancy for the space, whichever is lower, who make reservations in advance.

e.

Advertising at the site is limited to the allowable signs in Section 32-60(a)(2) for businesses. No illuminated signs are permitted with the exception of those outlined in Section 32-60(a)(2) as business. This restriction shall not include informational items displayed in or on the windows or doors of the business, such as name of the business, hours of operation, instructional information, and/or contact information.

f.

A special use permit approved for a body art establishment shall be limited to the applicant only; a new proprietor at the location of the establishment will be required to obtain a new special use permit. If the applicant moves to another location, a new special use permit for the applicant shall be required.

g.

There shall be a minimum distance of 300 feet between body art establishments.

(c)

Every applicant for subdivision approval, rezoning, or a building permit who wishes to develop a site or erect a structure in a manner different from that which is specified in the BB district area regulations as stated in this chapter, shall first file for site plan approval as provided in Article XXVII of this chapter.

(d)

Area regulations.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any permitted use, together with its accessory buildings, shall be 3,000 square feet, provided parking space and loading space are provided in accordance with the requirements in Article XIV of this chapter.

(2)

Maximum lot coverage. Buildings or other structures used exclusively for business purposes may occupy the entire lot, subject, however, to the provisions of Article XXV of this chapter and to the provisions of Section 32-18(d)(4), (6) below, except for those uses which are otherwise regulated as specified in this section.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot shall be 20 feet, except for those uses which are otherwise regulated as specified in this section, and subject to the provisions of Article XXV.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed five stories or 65 feet.

(5)

Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2):

a.

Portions of buildings with a height of below 35 feet or three stories shall have a zero-foot setback or the average setback of existing buildings within 200 feet of the side lot lines and within the same block front and excluding those where off-street parking is located within the setback, whichever is greater up to a maximum of 15 feet; and

b.

Portions of buildings above 35 feet or three stories shall have a minimum 15-foot setback requirement, subject to the provisions of Article XXV.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2) a rear yard of 15 feet shall be provided for all structures in the BB district, and such rear yard may be used to meet the applicable parking requirement, subject to the provisions in Article XXV.

(7)

Side yards. No side yards are required for buildings up to 35 feet in height. For buildings with floors above 35 feet in height, a minimum side yard of eight feet is required when the property is contiguous to another lot in a non-residential zoning district. When a side lot line forms the boundary line with any residential district, a side yard shall be required equal to the minimum side yard required for that residence district, subject to the provisions of Article XXV.

(Ord. No. 70-31, Art. VI, § 3, 7-21-70; Ord. No. 72-10, 2-14-72; Ord. No. 72-62, 11-27-72; Ord. No. 73-26, 6-11-73; Ord. No. 74-7, 2-25-74; Ord. No. 76-22, Amend. No. 3, 5-10-76; Ord. No. 77-3, Amend. No. 1, 1-10-77; Ord. No. 77-42, Amend. No. 1, 9-12-77; Ord. No. 77-45, Amend. Nos. 1, 2, 9-12-77; Ord. No. 77-62, Amend. No. 4, 11-28-77; Ord. No. 78-6, Amend. No. 2, 2-13-78; Ord. No. 78-33, Amend. No. 11, 9-11-78; Ord. No. 88-21, Amend. No. 2, 8-8-88; Ord. No. 96-14, Amend. No. 3, 9-23-96; Ord. No. 96-21, Amend. No. 3, 11-25-96; Ord. No. 97-14, Amend. No. 2, 6-9-97; Ord. No. 02-22, Amend. No. 2, 9-23-02; Ord. No. 04-16, Amend. Nos. 1, 2, 7-12-04; Ord. No. 05-15, Amend. No. 3, 5-23-05; Ord. No. 05-15 (Revised), Amend. No. 3, 5-23-05; Ord. No. 12-11, Amend. Nos. 1, 2, 3-26-12; Ord. No. 15-18, Amend. No. 12, 9-14-15; Ord. No. 16-16, Amend. No. 1, 4-25-16; Ord. No. 17-22, Amend. No. 4, 6-12-17; Ord. No. 20-02, Amend. No. 2, 2-10-20; Ord. No. 21-18, Amend. No. 1, 6-14-21; Ord. No. 22-06, § 1, 3-28-22; Ord. No. 22-24, §§ 6, 7, 12-12-22; Ord. No. 23-11, Amend No. 1, 7-24-23; Ord. No. 23-17, Amend. Nos. 1, 2, 10-9-23; Ord. No. 24-10, Amend. No. 2, 4-22-24; Ord. No. 24-12, Amend. No. 3, 4-22-24; Ord. No. 25-06, Amend. No. 2, 2-10-25; Ord. No. 25-07, Amend. Nos. 1, 2, 2-24-25; Ord. No. 25-14, Amend. No. 2, 3-24-25)

(a)

In a BC district, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

Auction.

(2)

Automobile, boat, bus, truck, mobile dwelling unit, motor bike, utility trailer rentals, retail, and wholesale sales, subject to the following special requirements:

a.

Minimum setback line from all street lines shall be 35 feet.

b.

Minimum distance of all structures and all vehicles on display for sale or rent from all property lines, other than street lines shall be 20 feet.

c.

Minimum distance between any buildings, including accessory uses and vehicles on display for sale or rent, and any residence district shall be 50 feet.

d.

Minimum distance between any access driveways and any residence district shall be 50 feet.

e.

Minimum distance between any access driveway and an access driveway of any of the following uses: church, library, school, college, nursing home, hospital, and similar uses shall be 200 feet, measured along the same street line in the same block.

f.

Minimum distance between gasoline pump islands, compressed air connections, and similar equipment and facilities and any street lines shall be 20 feet.

g.

Maximum width of curb cuts for access driveways shall be 35 feet.

h.

Spacing of access driveways:

1.

Minimum distance from adjoining property lines shall be 10 feet.

2.

Minimum distance from intersecting street lines shall be 30 feet. Where intersecting street(s) is (are) major thoroughfare(s), as defined by the city traffic committee, minimum distance under this subsection shall be 50 feet. This distance shall be measured from right-of-way lines of intersecting streets involved.

3.

Minimum distance between access driveways shall be 30 feet.

4.

Access driveways onto state highways shall be approved by the city engineer and the Delaware Division of Highways.

i.

Except for access driveway openings where the curb shall be depressed, a raised curb of at least six inches in height shall be provided along all street lines, or within the right-of-way if approved by the Delaware Division of Highways and/or by the city engineer.

j.

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

k.

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

l.

Wrecked or junked or stripped vehicles or wrecked or junked or stripped mobile dwellings or trailers shall not be allowed on the premises.

(3)

Crating service.

(4)

Frozen food locker.

(5)

Ice manufacture.

(6)

Sign painting and manufacture.

(7)

Warehousing, except that no highly combustible or explosive products or materials, which are likely to burn with extreme rapidity, or which may produce poisonous fumes or explosions; products or materials which involve highly corrosive or noxious alkalies, acids, or other liquids or chemicals producing flames, fumes, poisonous, irritant, or corrosive gases, shall be stored within 100 feet of the property line of any adjoining residential district or lot developed for residential purposes and except that no semi-trailers or similar vehicles for the storage of property shall be permitted within 100 feet of the property line of any adjoining residential district or lot developed for residential purposes.

(8)

Wholesale sales with related storage and warehousing, except that no highly combustible or explosive products or materials which are likely to burn with extreme rapidity, or which may produce poisonous fumes or explosions; products or materials which involve highly corrosive or noxious alkalies, acids, or other liquids or chemicals producing flames, fumes, poisonous, irritant, or corrosive gases, shall be stored within 100 feet of the property line of any adjoining residential district or lot developed for residential purposes, and except that no semitrailers or similar vehicles for the storage of property shall be permitted within 100 feet of the property line of any adjoining residential district or lot developed for residential purposes.

(9)

Photo developing and finishing.

(10)

Veterinary hospital.

(11)

Cleaning and dyeing plants.

(12)

Commercial laundries/dry cleaners.

(13)

Laundromats.

(14)

Outdoor commercial recreational facilities, such as miniature golf, archery ranges, skateboard centers, and other similar recreational enterprises, but excluding all forms of motorized vehicle amusements such as go-carts or motorbikes. Permitted commercial recreational facilities are subject to the following special requirements:

a.

All facilities shall be located at least 200 feet from any residential district.

b.

One off-street parking space for each 150 square feet of gross floor area, building, or ground area devoted to such uses must be provided.

c.

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and passing motorists.

(15)

Swimming club, private or commercial.

(16)

Social club, fraternal, social service, union, and civic organizations, except on ground floor locations.

(17)

Studio for artists, designers, photographers, musicians, and sculptors.

(18)

Offices for professional services and administrative activities.

(19)

Personal service establishments.

(20)

Finance institutions, banks, loan companies.

(21)

Retail and specialty stores.

(22)

Repair and servicing, indoor and off-site, of any article for sale which is permitted in this district. A 20-foot setback is required for this with no vehicular parking permitted in the required front yard area.

(23)

Related indoor storage facilities are permitted as an accessory use to any of the permitted uses in this district.

(24)

Accessory buildings or structures, no impact, and accessory uses, no impact, except that no semi-trailers or similar vehicles for the storage of property shall be permitted within 100 feet of the property line of the adjoining residential district or lot developed for residential purposes.

(25)

Restaurants, bakery-restaurants, and delicatessens.

(26)

Public parking garage and parking lot.

(27)

Parking, off-street.

(28)

Public transportation facilities, including bus or transit stops for the loading and unloading of passengers; stations and depots.

(29)

Street, right-of-way.

(30)

Utility transmission and distribution lines.

(31)

Water tower, water reservoir, water storage tank, pumping station, and sewer.

(32)

Retail food stores up to 5,000 square feet in maximum floor area, limited to bakeries, confectionery, candy, gourmet shops, small convenience grocery, and meat sales facilities. Goods produced on the premises shall be sold only on the premises.

(33)

Hospitals.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter:

(1)

Automobile/vehicle refueling service station, paint and/or body shop, subject to the following special requirements:

a.

Minimum lot size shall be 14,000 square feet.

b.

Minimum depth of lot on one side shall be 100 feet.

c.

Minimum lot width shall be 140 feet.

d.

Minimum setback line for a paint and/or body shop from all street lines shall be 40 feet.

e.

Reserved.

f.

Minimum distance between any buildings, including accessory uses, and any residence district shall be 50 feet.

g.

Minimum distance between any access driveway and any residence district shall be 50 feet.

h.

Minimum distance between any access driveways and the following uses: church, library, school, college, nursing home, hospital, and similar uses shall be 200 feet, measured along the same street line in the same block.

i.

Reserved.

j.

Minimum distance between gasoline pump islands, compressed air connections, and similar equipment and facilities and any street lines shall be 20 feet.

k.

Maximum width of curb cuts for access driveways shall be 35 feet.

l.

Spacing of access driveways:

1.

Minimum distance from adjoining property lines shall be 10 feet.

2.

Minimum distance from minor intersections shall be 25 feet. Where intersecting street(s) is (are) major thoroughfare(s), as defined by the city traffic committee, minimum distance under this subsection shall be 50 feet. This distance shall be measured from right-of-way lines of intersecting streets involved.

3.

Minimum distance between access driveways shall be 30 feet.

4.

Access driveways onto state highways shall be approved by the city engineer and the Delaware Division of Highways.

m.

Except for access driveway openings where the curb shall be depressed, a raised curb of at least six inches in height shall be provided along all street lines, or within the right-of-way if approved by the city engineer and where applicable, by the state division of highways.

n.

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

o.

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

p.

Wrecked or junked or stripped vehicles or vehicles in an inoperative condition shall not be permitted on the premises for a period of more than two weeks.

(2)

Self-service car wash establishment, subject to the following special requirements:

a.

Minimum lot size shall be 18,000 square feet.

b.

Minimum lot width shall be 120 feet.

c.

Minimum depth of lot on one side shall be 150 feet.

d.

Minimum setback from all street lines shall be 40 feet.

e.

Minimum distance of structures from all property lines other than street lines shall be 20 feet.

f.

Minimum distance between any building, including accessory uses, and any residence district shall be 50 feet.

g.

Minimum distance between any access driveway and any residence district shall be 50 feet.

h.

Minimum distance between any access driveway and any adjoining property line shall be ten feet.

i.

Minimum distance between any access driveway and an access driveway of any of the following uses: church, library, school, college, nursing home, hospital, and similar uses shall be 200 feet, measured along the same street line in the same block.

j.

Maximum width of curb cuts for access driveways shall be 35 feet.

k.

Parking requirements:

1.

A waiting or stacking area on the lot for incoming automobiles accessible to the entrance end of the washing equipment, for at least six automobiles for each lane provided in the washing area.

2.

An area on the lot beyond the exit end of the washing equipment for at least four automobiles for each lane provided in the washing area.

l.

Entrance access driveways shall not be located within 200 feet of the intersection of any two street lines.

m.

Except for access driveway openings, where the curb shall be depressed, a raised curb of at least six inches in height shall be provided along all street lines, or within the right-of-way of approved by the city engineer and where applicable, by the State Division of Highways.

n.

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

o.

All parking spaces and access driveways shall be paved with a weather-proof material.

(2.1)

Automobile/motor vehicle repair, subject to the following requirements:

a.

Minimum distance between any such facility measured along a straight line from the nearest property line of the building site of the facility to the nearest property line of any residence district shall be 300 feet.

b.

Minimum distance between any such facility and the following uses: church, library, school, college, nursing home, hospital, and similar uses measured along a straight line from the nearest property line of the building site of the facility to the nearest property line of uses listed herein shall be 600 feet.

c.

Minimum distance between gasoline pump islands, compressed air connections, and similar equipment and facilities and any street lines shall be 20 feet.

d.

Maximum width of curb cuts for access driveways shall be 35 feet.

e.

Spacing of access driveways:

1.

Minimum distance from minor intersections shall be 25 feet. Where intersecting street(s) is (are) major thoroughfare(s), as defined by the city traffic committee, minimum distance under this subsection shall be 50 feet. The distance shall be measured from right-of-way lines of intersecting streets involved.

2.

Minimum distance between access driveways shall be 30 feet.

3.

Access driveways onto state highways shall be approved by the city engineer and the Delaware Division of Highways.

f.

Except for access driveway openings where the curb shall be depressed, a raised curb of at least six inches in height shall be provided along all street lines, or within the right-of-way if approved by the city engineer and where applicable, by the State Division of Highways.

g.

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

h.

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

i.

Wrecked or junked or stripped vehicles or vehicles in an inoperative condition shall not be permitted on the premises for a period of more than two weeks.

(3)

Automatic car wash establishment, subject to the special requirements listed in Section 32-19(d)(8) of this article, except as changed herein:

a.

Minimum lot size shall be 24,000 square feet.

b.

Minimum depth of lot on one side shall be 200 feet.

c.

Parking requirements:

1.

A waiting or stacking area on the lot for incoming automobiles accessible to the entrance end of the washing equipment, for at least 10 automobiles for each lane provided in the washing area.

2.

An area on the lot beyond the exit end of the washing equipment for at least 10 automobiles for each lane provided in the washing area.

(4)

Used car lots.

(5)

Retail food stores.

(6)

Reserved.

(7)

Restaurants with drive through subject to the following special requirements:

a.

Minimum lot size shall be one acre.

b.

Minimum lot width shall be 200 feet.

c.

Minimum depth of lot on one site shall be 218 feet.

d.

Minimum setback from all street lines shall be 75 feet.

e.

Minimum distance from all property lines other than street lines shall be 50 feet.

f.

Parking requirements shall be subject to the requirements listed in Article XIV.

g.

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

h.

A solid fence or wall and/or a landscape screen of a minimum of six feet in height shall be erected along all property lines separating the site from lots zoned residential or any lot developed or approved for development for residential use, in accordance with Article XXV of this chapter.

(8)

Drive-in and curb service, for other than eating establishments, with a minimum setback from all street lines of 65 feet.

(9)

Substation, electric, gas, and telephone central office, subject to the following special requirements:

a.

No storage of materials and trucks is allowed. No repair facilities are allowed except within completely enclosed buildings.

(10)

Tower, broadcasting and telecommunications, located outside the public rights-of-way, subject to the following special requirements under Section 32.56.7(2) of this chapter:

a.

Timing of approval for applications. The city shall comply with all federal timing requirements for the consideration of applications for new towers, as well as collocated antennas that fall under the Spectrum Act and/or the October 2014 Report and Order promulgated by the FCC. Tower applications shall be accompanied by a professional engineer's report containing the following:

1.

A technical evaluation of the utilization of existing towers for telecommunications or other equipment intended for the installation on the proposed tower, as well as a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

2.

A technical evaluation of the feasibility of attaching the tower or antenna to an existing, or previously approved, structure or wireless support structure, or sited on land owned and maintained by the City of Newark. A list of approved, municipally-owned buildings and parcels appropriate for wireless facilities placement is kept on file at the city planning and development office. Council may deny an application to construct a new tower if the applicant has not made a good faith effort to mount an antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter of a mile radius of the site proposed for the tower, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

i.

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

ii.

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

iii.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

iv.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

3.

Certification that the proposed tower will fill a significant gap in wireless coverage or capacity that exists in the applicable area and that the type of wireless facility being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the city's decision on an application for approval of a telecommunications tower.

4.

Written certification of compliance with Federal Communications Commission Safety Standards for exposure to nonionizing electromagnetic radiation.

5.

Copies of all applicable state and federal permits.

6.

An engineering analysis of the proposed tower, including a summary of the proposed tower's capacity to provide space for future co-location by others.

b.

Any principal part of the tower, excluding guy cables, shall be set back from the nearest property line of a church, library, school, nursing home, hospital, or lot zoned residential (RH, RT, RS, RD, RM, RR, and AC) not less than three times the height of the tower or 350 feet, whichever is greater. The setback shall be measured from the nearest point of the base of the tower to the nearest point of the property line of the protected use. If the applicant uses self-collapsing technology in its tower design, the setback from the nearest property line shall be one and a half times the height of the tower or 150 feet, which is greater.

c.

No artificial light shall be installed upon any such tower unless required by the Federal Aviation Administration. If such light is required, it shall be screened so as not to project its light below the horizontal plane in which it is located.

d.

Towers shall not exceed 175 feet in height unless a variance is successfully obtained by the applicant. Towers over 200 feet in height shall be guyed and not self-supporting nor consisting of lattice type structures, unless the applicant demonstrates that a guyed tower shall have a greater negative visual impact than a self-supporting tower.

e.

To the extent permitted by applicable federal law and FCC regulations, towers located on existing buildings or structures shall not extend beyond 22 feet above the highest point of the building or structure. Accessory buildings or facilities for towers located on existing buildings or structures shall be located either in or on top of such buildings or structures.

f.

The applicant shall submit a soil report to the city complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower, and anchors for guy wires, if used.

Landscaping shall be provided around the base of the tower and adjacent to a required security fence that shall be at least ten feet high. The landscaping shall consist of a minimum 25-foot wide planting strip with ground cover and/or grass, including at least one row of six foot high evergreen trees providing a solid screen adjacent or proximate to the fence, and 15 foot high, two inch caliper deciduous trees, interspersed within the buffer area and no more than 20 feet apart. Applicants may substitute alternative landscape plans that meet the purposes of this subsection to limit the visual impact of the lower portion of the tower and adjoining accessory facilities. Camouflaged towers designed to look like trees may be exempt from this subsection, subject to council approval. Towers located on top of buildings three stories or more in height and telecommunication antennas located on existing buildings shall be exempt from this subsection, except that a six-foot high solid evergreen screen shall be required between any telecommunications antenna or tower accessory building and adjoining properties. A ten-foot high security fence and an adjoining six-foot high solid evergreen screen adjacent or proximate to the fence shall be provided around the anchoring facilities for guy wires for guyed towers.

g.

No outdoor storage shall be permitted at the tower site.

h.

Unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration, towers shall be light gray in color. Camouflaged towers designed to look like trees or employing other alternative methods of stealth technology may be exempt from this subsection, subject to council approval. Telecommunication antennas with colors designed to match buildings or structures to which they are attached shall be exempt from this subsection. Towers shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering design and construction principles, practices and techniques.

i.

A tower shall be located so as not to encroach into any established public or private airport approach as established by the Federal Aviation Administration.

j.

Towers higher than 100 feet must be a minimum of 2,000 feet from the nearest similar tower, measured from the base of the towers.

k.

New telecommunications facilities may be attached to an approved tower without applying for an additional special use permit so long as the new facility does not substantially change the dimensions of the wireless support structure, or trigger any other exemption outlined by federal or state regulation. Antennas being sited on structures that do not already act as wireless support structures may be approved administratively, so long as they do not exceed ten feet in height and are constructed with a stealth design approved by council. To the extent permitted by state and federal law, as built drawings must be submitted to staff in advance of receiving such administrative approval, in order to determine whether the applicants proposed facility is eligible for administrative approval.

l.

No interference with existing television, cable television, radio signals, emergency communications services, or other electronic devices shall be permitted from the tower. If interference occurs, it shall be immediately remedied by the operators of the tower.

m.

If a tower is abandoned, unused for two years, or no longer operable, it shall be removed within six months of its abandonment. If a tower is not dismantled as specified in this subsection, the city shall arrange to have the facility dismantled and will assess the landowner all costs associated with the removal of the tower. If the full amount due the city is not paid by the owner, or person in control of the property, or his or her agent, within 90 days of receipt of a bill from the city, the city finance director shall cause a special assessment to be recorded in the municipal lien docket. The recordation of such special assessment shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made.

n.

That the owner of such tower shall provide proof to the city that the tower has undergone a triennial inspection for structural integrity. Said inspection is to be performed by a certified engineer, or other qualified professional, at the expense of the owner of the tower. If structural deterioration is found to be present, and such deterioration affects the physical stability or aesthetic integrity of the tower, the owner shall be required to correct such deterioration within a time limit to be established by the building department.

In addition, the operator of such tower shall provide annual proof to the city that the tower has undergone field measurements to ensure compliance with all applicable Federal Communication Commission safety standards for exposure to nonionizing electromagnetic radiation. Such field measurements, and submission of the results to the city, shall be conducted upon start of the facility and annually thereafter, except that every third year, such proof of compliance shall be submitted on behalf of the operator by an independent nonionizing electromagnetic radiation evaluator. All such field measurements, and submission of the results, are to be performed by a certified engineer, or other qualified professional, at the expense of the operator. If such field measurements demonstrate noncompliance with Federal Communication Commission safety standards specified in this section, transmission at the facility shall be suspended until such time as full Federal Communication Commission safety standards compliance is demonstrated to the satisfaction of the city.

o.

The owner of such tower shall give proof to the city that any damages which may occur to surrounding properties or injury which may occur to persons, which damages or injuries are caused by a failure of the tower and/or its associated structural supports, regardless of whether such failure is a result of human error or an act of God, shall be paid by the owner of the tower and/or insurers of the tower.

p.

Wireless telecommunications facilities shall not be located upon a property, and/or on a building or structure that is listed on the National or Delaware Registers of Historic Places, included in section 7-19 of this Code pertaining to historic structures, or is described in the official historic structures and/or historic districts list maintained by the city.

q.

Wireless telecommunications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the City Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only, but no more than 24 hours.

r.

The city may assess appropriate and reasonable permit fees directly related to the city's actual costs in reviewing and processing the application for approval of a tower or antenna, as well as related inspection, monitoring, and related costs.

s.

City residents and amateur radio operators utilizing satellite dishes, towers and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the zoning ordinance.

t.

Notwithstanding the criteria set forth in section 32-78 of this chapter, council shall grant the application if all of the foregoing requirements are met.

(11)

Police and fire stations.

(12)

Library, museum, and art gallery.

(13)

Church, or other place of worship, seminary or convert, parish house, or Sunday school building.

(14)

Instructional, business, or trade schools.

(15)

Motels and hotels.

(16)

Commercial indoor recreation and indoor theaters.

(17)

Adult bookstore/adult entertainment center subject to the following special requirements:

a.

Minimum distance between this use and a lot that is zoned residential, including lots zoned residential in New Castle County, shall be 300 feet measured along a straight line from the nearest property line of the building site of the adult bookstore/adult entertainment center to the nearest property line of the lot zoned residential.

b.

Minimum distance between this use and another establishment of this type, a school, or church shall be 600 feet, measured along a straight line from the nearest property line of the building site of the adult bookstore/adult entertainment center to the nearest property line of the church or school.

(18)

Restaurants, with alcoholic beverages, except as otherwise regulated in this chapter, subject to the requirements in Section 32-56.4.

(19)

Accessory buildings or structures, with impact, and accessory uses, with impact, except that no semi-trailers or similar vehicles for the storage of property shall be permitted within 100 feet of the property line of the adjoining residential district or lot developed for residential purposes.

(20)

Indoor theaters, with alcoholic beverages, except as otherwise regulated in this chapter, and subject of the requirements in section 32-56.4(f) and requirements of the Delaware Code.

(21)

Microbrewery and craft distillery subject to the requirements of subsections 32-56.4(f) and 32-56.4(g). Manufacturing and sales shall not exceed more than 20,000 barrels for microbreweries and 250,000 proof gallons for craft distilleries during a calendar year.

(22)

Retail marijuana stores subject to the following special requirements:

a.

Limited to areas in the zoning district east of Library Avenue/Capitol Trail (Route 72).

b.

Minimum distance between this use and a lot used as a public or private elementary, junior, and senior high school, including in New Castle County outside of city limits, shall be 300 feet measured along a straight line from the nearest property line of the building site of the retail marijuana store to the nearest property line of the school. However, if the director of planning and development or designee determines that a substantial physical barrier exists between the school and the property such as railroad tracks or roads that are four lanes wide, then an exception may be granted to the 300-foot limitation by city council. If the distance between a retail marijuana store and a public or private elementary, junior or senior high school, including in New Castle County outside of city limits is less than 300 feet, a three-quarters supermajority of council or six of seven members must vote in favor of approval for the special use permit to be granted.

c.

State of Delaware issued licensed marijuana cultivation and/or product manufacturing facility, in conjunction with and on the same premises as the retail marijuana store, may be permitted as an additional special use permit as provided under Section 32-78.

(23)

Body art establishments subject to the following special requirements:

a.

Minimum distance between this use and a lot used as a public or private elementary, junior, and/or senior high school shall be 200 feet.

b.

The establishment shall receive a permit to operate from the State of Delaware Department of Health and Social Services prior to receiving a City of Newark business license and shall maintain said permit until such time that the business is no longer at the premises.

c.

The establishment shall display their permit and annual health inspection certification in a visible location to patrons and present documentation upon request.

d.

The establishment shall operate by appointment only; no walk-ins will be permitted. Appointments may include events not to exceed 15 persons or the allowable occupancy for the space, whichever is lower, who make reservations in advance.

e.

Advertising at the site is limited to the allowable signs in Section 32-60(a)(2) for businesses. No illuminated signs are permitted with the exception of those outlined in Section 32-60(a)(2) as business. This restriction shall not include informational items displayed in or on the windows or doors of the business, such as name of the business, hours of operation, instructional information, and/or contact information.

f.

A special use permit approved for a body art establishment shall be limited to the applicant only; a new proprietor at the location of the establishment will be required to obtain a new special use permit. If the applicant moves to another location, a new special use permit for the applicant shall be required.

g.

There shall be a minimum distance of 300 feet between body art establishments.

(c)

Every applicant for subdivision approval, rezoning, or a building permit who wishes to develop a site or erect a structure in a manner different from that which is specified in the BC district area regulations as stated in this article shall first file for site plan approval as provided in Article XXVII of this chapter.

(d)

Area requirements.

(1)

Minimum lot area. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any permitted use together with its accessory buildings shall be 5,000 square feet, except that in the case of a building which is part of a row of attached business structures on separate lots, the minimum lot area shall be 3,000 square feet, provided that parking space and loading space are in accordance with the requirements in Article XIV of this chapter.

(2)

Maximum lot coverage. In a BC district, buildings or other structures used exclusively for business purposes may occupy the entire lot, subject, however, to the provisions of (4) and (6) below and Article XXV of this chapter, except for those uses which are otherwise regulated as specified in this section.

(3)

Minimum lot width. Except as specified in Article XVI, Section 32-56.2(b) of this chapter, the minimum width of a lot in a BC district shall be 50 feet, except for those uses which are otherwise regulated as specified in this section.

(4)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed three stories or 35 feet, with the following exception: a motel or hotel may be erected to a height of over three stories, but not over seven stories, and not exceeding 80 feet, provided the gross floor area computed as the sum of those areas enclosed by the outside faces of all exterior walls surrounding each story exclusive of a basement janitor apartment, does not exceed 1.25 times the area of the lot.

(5)

Building setback lines. No setback required, except for those uses otherwise regulated under Article XXV.

(6)

Rear yards. Except as specified in Article XVI, Section 32-56.2(1), (2) of this chapter, a rear yard of 10 feet shall be provided on every lot.

(7)

Side yards. No side yard is required except that along a side lot line forming a boundary line between such business or industrial district and any residence district, a said yard shall be required equal to the minimum side yard required for that residence district, and subject to the provisions of Article XXV.

(8)

Any commercial use permitted in this section which is not already subject to its individual special requirements shall be subject to the special requirements listed below:

a.

Minimum distance between any building, including accessory uses, but excluding parking lots, and any residence district shall be 50 feet.

b.

Minimum distance between any access driveway and any residence district shall be 50 feet.

(Ord. No. 70-31, Art. VI, § 4, 7-21-70; Ord. No. 72-10, 2-14-72; Ord. No. 72-53, 9-11-72; Ord. No. 72-62, 11-27-72; Ord. No. 74-7, 2-25-74; Ord. No. 75-36, 7-28-75; Ord. No. 75-37, § 3, 7-28-75; Ord. No. 76-22, Amend. No. 4, 5-10-76; Ord. No. 77-45, Amend. No. 3, 9-12-77; Ord. No. 77-51, Amend. No. 1, 10-24-77; Ord. No. 78-6, Amend. No. 3, 2-13-78; Ord. No. 78-33, Amend. No. 12, 9-11-78; Ord. No. 80-47, Amend. No. 4, 8-25-80; Ord. No. 81-16, Amend. No. 2, 4-27-81; Ord. No. 82-2, Amend. Nos. 9—11, 2-8-82; Ord. No. 90-11, Amend. No. 1, 4-23-90; Ord. No. 96-14, Amend. No. 4, 9-23-96; Ord. No. 96-21, Amend. No. 4, 11-25-96; Ord. No. 97-14, Amend. No. 3, 6-9-97; Ord. No. 02-22, Amend. No. 3, 9-23-02; Ord. No. 05-15, Amend. No. 4, 5-23-05; Ord. No. 05-15 (Revised), Amend. No. 4, 5-23-05; Ord. No. 15-18, Amend. No. 13, 9-14-15; Ord. No. 16-16, Amend. No. 2, 4-25-16; Ord. No. 17-04, Amend. No. 2, 2-13-17; Ord. No. 17-22, Amend. No. 4, 6-12-17; Ord. No. 23-01, § 1, 2-13-23; Ord. No. 24-10, Amend. No. 3, 4-22-24; Ord. No. 24-12, Amend. No. 3, 4-22-24; Ord. No. 24-19, Amend. No. 2, 8-26-24; Ord. No. 25-06, Amend. No. 3, 2-10-25; Ord. No. 25-14, Amend. No. 3, 3-24-25)