A.- USE AND AREA REGULATIONS FOR MANUFACTURING OFFICE RESEARCH DISTRICTS
(a)
In an MOR 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)
Any process involving cleaning, distribution, manufacture, processing, production or testing, except:
a.
Manufacture of corrosive acids, gelatin, paint, oils, fertilizer, linoleum, cork products, alcohol, bleaching compounds or soap; tanning or curing of hides; crude oil refining; rubber treatment or manufacture; ore smelting; blast furnace, garbage of offal reduction or dumping; asphalt manufacture or refining; abattoir; junk storage; automobile wrecking; animal rendering; oil storage; marijuana product manufacturing facilities; and marijuana cultivation facilities.
(2)
Offices for professional services and administrative activities, industrial, and academic research and/or testing laboratories, and warehousing, including the sale of products customarily incidental to the uses permitted in this subsection.
(3)
Food service facilities incidental to and located within any of the permitted uses within this district, primarily for service to the employees of such permitted uses, provided:
a.
There shall be no entrances directly from the street to such facilities.
b.
No sign relating to such facility shall be visible from outside any building.
c.
Facilities shall be so located and constructed to protect tenants of the building from noise, traffic, odors, and interference with privacy.
(4)
Utility distribution and transmission lines, substation, electric, gas, and telephone central office.
(5)
Public transportation facilities including bus or transit stops for the loading and unloading of passengers; stations and depots.
(6)
Parking, off-street.
(7)
Recreation facilities, intended primarily for the use of the employees of such uses permitted in this district.
(8)
Retail, specialty retail and retail food stores, subject to the following requirements:
a.
Such uses are permitted only in existing facilities or structures existing on or before October 13, 1981.
b.
Such uses shall be subject to all area, parking, signing, and other zoning code regulations.
(9)
Warehouse sales, subject to the following requirements:
a.
Not more than one sale shall be held every six months lasting not more than 72 hours.
b.
The directors of building and planning must approve all warehouse sales.
(10)
Accessory buildings or structures, no impact, and accessory uses, no impact.
(11)
Marijuana testing facilities.
(b)
The following uses require special use permits as provided in Article XX, Section 32-78, of this chapter:
(1)
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.
(2)
Commercial indoor recreation.
(3)
Accessory buildings or structures, with impact, and accessory uses, with impact.
(4)
Microbrewery and craft distillery subject to the requirements of subsections 32-56.4(f) and 32-56.4(g).
(5)
Public and private elementary, junior, and senior high schools.
(6)
Church or other place of worship, seminary or convent, parish house or Sunday school building.
(7)
Police and fire station.
(8)
Instructional business or trade school.
(9)
Marijuana cultivation facilities (indoor cultivation only) and marijuana product manufacturing facilities.
a.
Limited to areas in the zoning district east of Library Avenue/Capitol Trail (Route 72), or west and south of Suburban Drive/Christina Parkway/East Chestnut Hill Road (Route 4).
(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 MOR district area regulations and stated in this chapter, shall first file for site plan approval as provided in Article XXVII of this chapter.
(d)
Area regulations. The uses specified above shall be subject to the requirements below, except as otherwise regulated:
(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 in an MOR district shall be two acres, provided parking space and loading space are provided in accordance with the requirements of Article XIV of this chapter.
(2)
Maximum lot coverage. In an MOR district, the maximum lot coverage shall be 40%.
(3)
Minimum lot width. Except as specified in Article XVI, Section 3256.2(b) of this chapter, the minimum width of a lot in an MOR district shall be 200 feet.
(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 four stories or 55 feet.
(5)
Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (4) 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 50 feet.
(6)
Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2), (3) of this chapter, a rear yard of 30 feet shall be provided on every lot in an MOR district.
(7)
Side yards. In an MOR district, sidewalks shall be provided in conformance with the following regulations:
a.
30 feet, with a minimum aggregate width of the two side yards of 65 feet.
b.
Along a side lot line forming a boundary line between an MOR district and any industrial or residential district, a side yard shall be required equal to the minimum side yard of the most restrictive abutting district.
(8)
All buildings and structures shall be so located on the lot and the open areas so landscaped as to maintain the character of the surrounding area.
(9)
Parking space and loading space shall be located at least 50 feet from any street line and 75 feet from a residential district boundary line.
(10)
Off-street parking shall be provided in accordance with the general provisions set forth in Article XIV of this chapter. No parking spaces may be located within minimum yards except that an area equivalent to not more than 20% of the total area of all required parking spaces may be located within a required yard for use as parking space for visitors, selected personnel, and minor deliveries. Off-street parking spaces may be grouped and facilities may service more than one lot or structure.
(11)
In off-street parking lots of one acre or more, at least 10% of the area of the parking lot shall be devoted to landscaping within the interior of the parking area.
(12)
When an application is made to the building inspector for a building permit or certificate of occupancy for a use permitted in an MOR district, there shall be filed as part of such application a subdivision plan showing the general plan of buildings and structures and indicating provision for parking space, loading space, interior roadways, and drainage. Such a plan shall be submitted to the department of planning for review and action to determine compliance with its policies and standards. Approval by said department of planning shall be a prerequisite to the granting of a building permit or certificate of occupancy.
(13)
The subdivision plan referred to in the preceding subparagraph shall be a part of the provisions of issuance of a certificate of occupancy and no modification in the general location, layout, and character of the project as shown on such plan as approved shall be permitted, except if later approved in accordance with the procedure set forth in said preceding subparagraph.
(Ord. No. 70-31, Art. VII-A, § 1, 7-21-70; Ord. No. 72-10, 2-14-72; Ord. No. 74-7, 2-25-74; Ord. No. 75-45, § 2, 10-14-75; Ord. No. 76-1, Amend. No. 5, 1-26-76; Ord. No. 76-28, Amend. No. 1, 6-28-76; Ord. No. 77-62, Amend. No. 7, 11-28-77; Ord. No. 77-63, Amend. No. 1, 11-28-77; Ord. No. 78-33, Amend. No. 15, 9-11-78; Ord. No. 80-12, Amend. No. 3, 2-11-80; Ord. No. 81-37, Amend. No. 1, 10-13-81; Ord. No. 82-12, Amend. No. 1, 4-26-82; Ord. No. 86-10, Amend. No. 1, 2-24-86; Ord. No. 96-21, Amend. No. 6, 11-25-96; Ord. No. 97-14, Amend. No. 5, 6-9-97; Ord. No. 10-25, Amend. No. 1, 10-25-10; Ord. No. 15-18, Amend. No. 16, 9-14-15; Ord. No. 17-04, Amend. No. 4, 2-13-17; Ord. No. 17-22, Amend. No. 4, 6-12-17; Ord. No. 23-15, Amend No. 2, 8-28-23; Ord. No. 24-10, Amend. No. 5, 4-22-24; Ord. No. 24-19, Amend. No. 4, 8-26-24)
(a)
In an STC 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)
Any process involving cleaning, manufacture, processing, production or testing, except for the following:
a.
Manufacture of corrosive acids, gelatin, paint, oils, fertilizer, linoleum, cork products, alcohol, bleaching compounds or soap; tanning or curing of hides; crude oil refining; rubber treatment or manufacture; ore smelting; blast furnace, garbage of offal reduction or dumping; asphalt manufacture or refining; abattoir; junk storage; automobile wrecking; animal rendering; oil storage; except for the exclusion of distribution or warehouse operations, unless such operations are incidental to and intended primarily to serve uses permitted in this district.
(2)
Laboratories and related facilities for research, basic and applied.
(3)
Hospitals.
(4)
Offices for professional services and administrative activities, including but not limited to such uses as conference and corporate training centers, financial institutions and banks, personal services, and supply and storage facilities.
(5)
Technologically dependent or computer based facilities that are dedicated to the processing of data or the analysis of information.
(6)
Daycare centers with 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 lands 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.
Thirty-five 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 for such uses shall not be less than 10,000 square feet.
d.
This use shall be primarily intended to serve the uses permitted in this district.
(7)
Restaurants, including restaurants, cafeteria style and delicatessens; incidental to and intended primarily to serve uses in this district.
(8)
Recreation facilities, indoor and outdoor, incidental to and intended primarily to serve uses permitted in this district.
(9)
Hotels and motels, with conference facilities.
(10)
Utility distribution and transmission lines, substation, electric, gas and telephone central office.
(11)
Public transportation facilities, including bus or transit stops for the loading and unloading of passengers; stations and depots.
(12)
Parking, off-street.
(13)
Accessory buildings or structures, no impact, and accessory uses, no impact.
(14)
All residential uses, as defined in this chapter, shall be permitted.
(15)
Retail and retail food stores up to 75,000 square feet in maximum floor area.
(b)
The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter.
(1)
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.
(2)
Restaurant with alcoholic beverages, incidental to and intended primarily to serve uses permitted in this district, except such uses, including accessory parking, shall not be permitted within 100 feet of perimeter streets as defined in subsection 2 above.
(3)
Fast food restaurants, incidental to and intended primarily to serve uses permitted in this district, 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 side shall be 218 feet.
d.
Minimum setback from all perimeter street lines shall be 75 feet.
e.
Minimum distance from all property lines other than perimeter 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.
(4)
Commercial indoor recreation and indoor theaters.
(5)
Accessory buildings or structures, with impact, and accessory uses, with impact.
(c)
Area regulations and other special requirements.
(1)
Height of buildings. In no case shall building height exceed ten stories or 150 feet.
(2)
Building setback lines. Except as otherwise specified herein, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of perimeter streets on which the building fronts a minimum distance of 50 feet. Perimeter streets for purposes of this subsection shall be defined as South College Avenue between the Northeast Corridor Railroad right-of-way and the Christina Parkway (Route 4).
(3)
Parking. Off-street parking spaces shall be provided at locations and the number of spaces to be determined by the University.
(4)
Building design. Regarding building design, the following standards shall apply:
a.
Detailed elevation drawings of all proposed buildings shall be submitted including all signage; building materials; building height; the location, height and material of landscaping and screening walls and fences; outdoor trash and recyclable material storage areas; and electrical, mechanical and gas metering equipment.
b.
To maintain a high standard of construction and appearance and to provide architectural unified and interesting design, the exterior walls of each building are to be constructed of durable, permanent materials, (including appropriately selected brick, treated concrete, glass, and other architectural panels). Buildings should complement and harmonize with the overall design of the STC District.
c.
Signage, intended to guide motorists and pedestrians from perimeter streets, shall correspond to the overall design, color and finishing of the buildings upon which they are displayed; that is, signage shall be designed as integral architectural elements of proposed architecture.
(5)
Site design. Regarding site design, except as otherwise specified herein, the following special regulations shall apply:
a.
Sidewalk and pathways shall be installed and designed to enhance the pedestrian experience; off road bicycle circulation paths shall be designed to complement pedestrian ways.
b.
Building sites and roadways shall be designed to facilitate way finding through the district.
c.
Exterior and interior lighting features shall be integrated to help provide visual understanding of the building's composition and function based on the following guidelines:
1.
Use lighting fixtures primarily for important building elements such as entries.
2.
Favor the use of defused lighting system over those generating a strong point source of lighting.
3.
Enhance the visibility of interior building lighting to the exterior giving a sense of light emanating from the building.
4.
Avoid dramatic changes of illumination levels which can produce glare and disorientation.
5.
Enhance the illumination, where appropriate, of landscape features.
6.
Lighting shall be designed to limit impact on adjacent properties.
d.
Landscaping or screening shall be installed to screen parking areas, mechanical equipment, refuse storage areas and related appurtenances and to enhance the visual appeal of the buildings and facilities in the district.
e.
Utility lines and related appurtenances shall be installed underground or otherwise screened from public ways, insofar as possible.
(6)
Review of plans to determine compliance with the provisions of subsection (c) herein shall be performed by the planning and development department, which shall issue approvals upon satisfaction that all such provisions have been met. Applications for administrative subdivisions for the purposes of establishing lot and/or lease lines for real estate taxation and related purposes shall be subject to the procedural requirements of Chapter 27, Subdivision and Development Regulations of this Code. Otherwise, all permitted uses in the district shall be subject to all other applicable Municipal Code requirements, standards and procedural requirements, except as modified herein.
(Ord. No. 12-07, Amend. No. 2, 3-12-12; Ord. No. 15-18, Amend. No. 17, 9-14-15; Ord. No. 17-22, Amend. No. 4, 6-12-17; Ord. No. 24-10, Amend. No. 6, 4-22-24; Ord. No. 25-14, Amend. No. 5, 3-24-25)
A.- USE AND AREA REGULATIONS FOR MANUFACTURING OFFICE RESEARCH DISTRICTS
(a)
In an MOR 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)
Any process involving cleaning, distribution, manufacture, processing, production or testing, except:
a.
Manufacture of corrosive acids, gelatin, paint, oils, fertilizer, linoleum, cork products, alcohol, bleaching compounds or soap; tanning or curing of hides; crude oil refining; rubber treatment or manufacture; ore smelting; blast furnace, garbage of offal reduction or dumping; asphalt manufacture or refining; abattoir; junk storage; automobile wrecking; animal rendering; oil storage; marijuana product manufacturing facilities; and marijuana cultivation facilities.
(2)
Offices for professional services and administrative activities, industrial, and academic research and/or testing laboratories, and warehousing, including the sale of products customarily incidental to the uses permitted in this subsection.
(3)
Food service facilities incidental to and located within any of the permitted uses within this district, primarily for service to the employees of such permitted uses, provided:
a.
There shall be no entrances directly from the street to such facilities.
b.
No sign relating to such facility shall be visible from outside any building.
c.
Facilities shall be so located and constructed to protect tenants of the building from noise, traffic, odors, and interference with privacy.
(4)
Utility distribution and transmission lines, substation, electric, gas, and telephone central office.
(5)
Public transportation facilities including bus or transit stops for the loading and unloading of passengers; stations and depots.
(6)
Parking, off-street.
(7)
Recreation facilities, intended primarily for the use of the employees of such uses permitted in this district.
(8)
Retail, specialty retail and retail food stores, subject to the following requirements:
a.
Such uses are permitted only in existing facilities or structures existing on or before October 13, 1981.
b.
Such uses shall be subject to all area, parking, signing, and other zoning code regulations.
(9)
Warehouse sales, subject to the following requirements:
a.
Not more than one sale shall be held every six months lasting not more than 72 hours.
b.
The directors of building and planning must approve all warehouse sales.
(10)
Accessory buildings or structures, no impact, and accessory uses, no impact.
(11)
Marijuana testing facilities.
(b)
The following uses require special use permits as provided in Article XX, Section 32-78, of this chapter:
(1)
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.
(2)
Commercial indoor recreation.
(3)
Accessory buildings or structures, with impact, and accessory uses, with impact.
(4)
Microbrewery and craft distillery subject to the requirements of subsections 32-56.4(f) and 32-56.4(g).
(5)
Public and private elementary, junior, and senior high schools.
(6)
Church or other place of worship, seminary or convent, parish house or Sunday school building.
(7)
Police and fire station.
(8)
Instructional business or trade school.
(9)
Marijuana cultivation facilities (indoor cultivation only) and marijuana product manufacturing facilities.
a.
Limited to areas in the zoning district east of Library Avenue/Capitol Trail (Route 72), or west and south of Suburban Drive/Christina Parkway/East Chestnut Hill Road (Route 4).
(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 MOR district area regulations and stated in this chapter, shall first file for site plan approval as provided in Article XXVII of this chapter.
(d)
Area regulations. The uses specified above shall be subject to the requirements below, except as otherwise regulated:
(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 in an MOR district shall be two acres, provided parking space and loading space are provided in accordance with the requirements of Article XIV of this chapter.
(2)
Maximum lot coverage. In an MOR district, the maximum lot coverage shall be 40%.
(3)
Minimum lot width. Except as specified in Article XVI, Section 3256.2(b) of this chapter, the minimum width of a lot in an MOR district shall be 200 feet.
(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 four stories or 55 feet.
(5)
Building setback lines. Except as specified in Article XVI, Section 32-56.2(d)(1), (2), (4) 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 50 feet.
(6)
Rear yards. Except as specified in Article XVI, Section 32-56.2(e)(1), (2), (3) of this chapter, a rear yard of 30 feet shall be provided on every lot in an MOR district.
(7)
Side yards. In an MOR district, sidewalks shall be provided in conformance with the following regulations:
a.
30 feet, with a minimum aggregate width of the two side yards of 65 feet.
b.
Along a side lot line forming a boundary line between an MOR district and any industrial or residential district, a side yard shall be required equal to the minimum side yard of the most restrictive abutting district.
(8)
All buildings and structures shall be so located on the lot and the open areas so landscaped as to maintain the character of the surrounding area.
(9)
Parking space and loading space shall be located at least 50 feet from any street line and 75 feet from a residential district boundary line.
(10)
Off-street parking shall be provided in accordance with the general provisions set forth in Article XIV of this chapter. No parking spaces may be located within minimum yards except that an area equivalent to not more than 20% of the total area of all required parking spaces may be located within a required yard for use as parking space for visitors, selected personnel, and minor deliveries. Off-street parking spaces may be grouped and facilities may service more than one lot or structure.
(11)
In off-street parking lots of one acre or more, at least 10% of the area of the parking lot shall be devoted to landscaping within the interior of the parking area.
(12)
When an application is made to the building inspector for a building permit or certificate of occupancy for a use permitted in an MOR district, there shall be filed as part of such application a subdivision plan showing the general plan of buildings and structures and indicating provision for parking space, loading space, interior roadways, and drainage. Such a plan shall be submitted to the department of planning for review and action to determine compliance with its policies and standards. Approval by said department of planning shall be a prerequisite to the granting of a building permit or certificate of occupancy.
(13)
The subdivision plan referred to in the preceding subparagraph shall be a part of the provisions of issuance of a certificate of occupancy and no modification in the general location, layout, and character of the project as shown on such plan as approved shall be permitted, except if later approved in accordance with the procedure set forth in said preceding subparagraph.
(Ord. No. 70-31, Art. VII-A, § 1, 7-21-70; Ord. No. 72-10, 2-14-72; Ord. No. 74-7, 2-25-74; Ord. No. 75-45, § 2, 10-14-75; Ord. No. 76-1, Amend. No. 5, 1-26-76; Ord. No. 76-28, Amend. No. 1, 6-28-76; Ord. No. 77-62, Amend. No. 7, 11-28-77; Ord. No. 77-63, Amend. No. 1, 11-28-77; Ord. No. 78-33, Amend. No. 15, 9-11-78; Ord. No. 80-12, Amend. No. 3, 2-11-80; Ord. No. 81-37, Amend. No. 1, 10-13-81; Ord. No. 82-12, Amend. No. 1, 4-26-82; Ord. No. 86-10, Amend. No. 1, 2-24-86; Ord. No. 96-21, Amend. No. 6, 11-25-96; Ord. No. 97-14, Amend. No. 5, 6-9-97; Ord. No. 10-25, Amend. No. 1, 10-25-10; Ord. No. 15-18, Amend. No. 16, 9-14-15; Ord. No. 17-04, Amend. No. 4, 2-13-17; Ord. No. 17-22, Amend. No. 4, 6-12-17; Ord. No. 23-15, Amend No. 2, 8-28-23; Ord. No. 24-10, Amend. No. 5, 4-22-24; Ord. No. 24-19, Amend. No. 4, 8-26-24)
(a)
In an STC 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)
Any process involving cleaning, manufacture, processing, production or testing, except for the following:
a.
Manufacture of corrosive acids, gelatin, paint, oils, fertilizer, linoleum, cork products, alcohol, bleaching compounds or soap; tanning or curing of hides; crude oil refining; rubber treatment or manufacture; ore smelting; blast furnace, garbage of offal reduction or dumping; asphalt manufacture or refining; abattoir; junk storage; automobile wrecking; animal rendering; oil storage; except for the exclusion of distribution or warehouse operations, unless such operations are incidental to and intended primarily to serve uses permitted in this district.
(2)
Laboratories and related facilities for research, basic and applied.
(3)
Hospitals.
(4)
Offices for professional services and administrative activities, including but not limited to such uses as conference and corporate training centers, financial institutions and banks, personal services, and supply and storage facilities.
(5)
Technologically dependent or computer based facilities that are dedicated to the processing of data or the analysis of information.
(6)
Daycare centers with 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 lands 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.
Thirty-five 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 for such uses shall not be less than 10,000 square feet.
d.
This use shall be primarily intended to serve the uses permitted in this district.
(7)
Restaurants, including restaurants, cafeteria style and delicatessens; incidental to and intended primarily to serve uses in this district.
(8)
Recreation facilities, indoor and outdoor, incidental to and intended primarily to serve uses permitted in this district.
(9)
Hotels and motels, with conference facilities.
(10)
Utility distribution and transmission lines, substation, electric, gas and telephone central office.
(11)
Public transportation facilities, including bus or transit stops for the loading and unloading of passengers; stations and depots.
(12)
Parking, off-street.
(13)
Accessory buildings or structures, no impact, and accessory uses, no impact.
(14)
All residential uses, as defined in this chapter, shall be permitted.
(15)
Retail and retail food stores up to 75,000 square feet in maximum floor area.
(b)
The following uses require special use permits as provided in Article XX, Section 32-78 of this chapter.
(1)
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.
(2)
Restaurant with alcoholic beverages, incidental to and intended primarily to serve uses permitted in this district, except such uses, including accessory parking, shall not be permitted within 100 feet of perimeter streets as defined in subsection 2 above.
(3)
Fast food restaurants, incidental to and intended primarily to serve uses permitted in this district, 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 side shall be 218 feet.
d.
Minimum setback from all perimeter street lines shall be 75 feet.
e.
Minimum distance from all property lines other than perimeter 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.
(4)
Commercial indoor recreation and indoor theaters.
(5)
Accessory buildings or structures, with impact, and accessory uses, with impact.
(c)
Area regulations and other special requirements.
(1)
Height of buildings. In no case shall building height exceed ten stories or 150 feet.
(2)
Building setback lines. Except as otherwise specified herein, each story or part of a building, exclusive of cornices and uncovered steps and uncovered porches, shall be set back from the line of perimeter streets on which the building fronts a minimum distance of 50 feet. Perimeter streets for purposes of this subsection shall be defined as South College Avenue between the Northeast Corridor Railroad right-of-way and the Christina Parkway (Route 4).
(3)
Parking. Off-street parking spaces shall be provided at locations and the number of spaces to be determined by the University.
(4)
Building design. Regarding building design, the following standards shall apply:
a.
Detailed elevation drawings of all proposed buildings shall be submitted including all signage; building materials; building height; the location, height and material of landscaping and screening walls and fences; outdoor trash and recyclable material storage areas; and electrical, mechanical and gas metering equipment.
b.
To maintain a high standard of construction and appearance and to provide architectural unified and interesting design, the exterior walls of each building are to be constructed of durable, permanent materials, (including appropriately selected brick, treated concrete, glass, and other architectural panels). Buildings should complement and harmonize with the overall design of the STC District.
c.
Signage, intended to guide motorists and pedestrians from perimeter streets, shall correspond to the overall design, color and finishing of the buildings upon which they are displayed; that is, signage shall be designed as integral architectural elements of proposed architecture.
(5)
Site design. Regarding site design, except as otherwise specified herein, the following special regulations shall apply:
a.
Sidewalk and pathways shall be installed and designed to enhance the pedestrian experience; off road bicycle circulation paths shall be designed to complement pedestrian ways.
b.
Building sites and roadways shall be designed to facilitate way finding through the district.
c.
Exterior and interior lighting features shall be integrated to help provide visual understanding of the building's composition and function based on the following guidelines:
1.
Use lighting fixtures primarily for important building elements such as entries.
2.
Favor the use of defused lighting system over those generating a strong point source of lighting.
3.
Enhance the visibility of interior building lighting to the exterior giving a sense of light emanating from the building.
4.
Avoid dramatic changes of illumination levels which can produce glare and disorientation.
5.
Enhance the illumination, where appropriate, of landscape features.
6.
Lighting shall be designed to limit impact on adjacent properties.
d.
Landscaping or screening shall be installed to screen parking areas, mechanical equipment, refuse storage areas and related appurtenances and to enhance the visual appeal of the buildings and facilities in the district.
e.
Utility lines and related appurtenances shall be installed underground or otherwise screened from public ways, insofar as possible.
(6)
Review of plans to determine compliance with the provisions of subsection (c) herein shall be performed by the planning and development department, which shall issue approvals upon satisfaction that all such provisions have been met. Applications for administrative subdivisions for the purposes of establishing lot and/or lease lines for real estate taxation and related purposes shall be subject to the procedural requirements of Chapter 27, Subdivision and Development Regulations of this Code. Otherwise, all permitted uses in the district shall be subject to all other applicable Municipal Code requirements, standards and procedural requirements, except as modified herein.
(Ord. No. 12-07, Amend. No. 2, 3-12-12; Ord. No. 15-18, Amend. No. 17, 9-14-15; Ord. No. 17-22, Amend. No. 4, 6-12-17; Ord. No. 24-10, Amend. No. 6, 4-22-24; Ord. No. 25-14, Amend. No. 5, 3-24-25)