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Wilmington City Zoning Code

ARTICLE X

- OFF-STREET PARKING, LOADING AND UNLOADING SPACE

Sec. 48-441.- Rules of interpretation.

(a)

Generally. When the application of a unit of measurement for parking spaces or loading berths to a particular use results in a fractional space, any fraction under one-half shall be disregarded and any fraction of one-half or over shall be counted as one parking space or one loading berth.

(b)

Joint facilities. Accessory parking spaces or loading berths for commercial and manufacturing uses may be provided in facilities designed to serve jointly two or more buildings or uses; provided, that the number of spaces or berths in such joint facilities shall not be less than the total required under the provisions of sections 48-444, 48-445 and 48-446.

(c)

Mixed uses. Where a building has a mixture of uses for which accessory parking spaces or loading berths are required under the provisions of sections 48-443, 48-444, 48-445 and 48-446, the spaces or berths required will be the sum of requirements for the various individual uses.

(Code 1968, § 48-46)

Sec. 48-442. - Reference to department of public works.

Before any permit is issued for the construction of parking spaces or loading berths as required by this article, plans showing the location and design thereof shall be submitted to the department of public works for review and report.

(Code 1968, § 48-47)

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Sec. 48-443. - Parking spaces accessory to dwellings and related uses.

(a)

Generally. After March 8, 1962, no building to be used for a dwelling or related use listed in the following table shall be erected, nor any existing building converted to such use, unless accessory parking space conforming with the special provisions of sections 48-477, 44-478 and article XI, division 3 of this chapter is provided and maintained in accordance with the requirements specified in the following table:

(1)

Table of required parking area:

Use and District Minimum Amount of
Parking Area Required
Dwellings:
One-family dwelling; detached, semidetached or row:
R-1, R-2 One for each family
New construction of one-family or two-family dwellings on unimproved parcels that are large enough to be subdivided into six or more lots for such dwellings; semidetached or row:
R-3, R-4, R-5-A-1 One for each family
Two-family dwelling, unless exempted under subsection (2) of this subsection:
R-4 One for each two families
C-3, C-4 None required
All other districts One for each family
>Apartment houses, unless exempted under subsection (2) of this subsection:
R-4 Two for each three families
R-2-A, R-5-A, R-5-A-1 One for each family
R-5-B Two for each three families
R-5-C, W-4 One for each two families
C-1, C-1-A, C-2, C-5 Two for each three families
C-6 One for each two families
Group home type I and group home type II:
R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-A-1, R-5-B, and R-5-C One parking space for every three residents and one parking space for each fulltime equivalent person, as defined in section 48-2, provided that the zoning board of adjustment, pursuant to article II, division 3, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum
Family day care home: None required
Group day care home, and day care center: where permitted, except not required in C-3 and C-4 districts: One for each 350 square feet of indoor usable space of such use.
Bed and breakfast guest facility:
R-2-A, R-4, R-5-A, R-5-A-1, R-5-B, R-5-C, C-1, C-1-A and C-2-A One for each guest room as provided in section 48-133(c) or less than such requirement if permitted pursuant to section 48-133(d), as applicable
C-2, C-3, C-4, C-5, C-6, M-1, W-1, W-2, W-3 and W-4 One for every two guest rooms
Rooming house:
All districts One for each five guest bedrooms
Dormitory, fraternity or sorority house:
All districts One for each five beds
Schools:
Nursery through junior high school:
All districts Two for each three teachers and other employees except custodial employees
High school:
All districts Two for each three teachers, plus one for each ten classroom seats
Hospitals:
All districts Two for each three beds
Sanitarium or convalescent homes:
All districts One parking space for each six beds and one parking space per employee computed on the basis of the estimated maximum number of employees working in the facility during any given shift, provided that the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum

 

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(2)

Where a row house or a one-family semidetached dwelling in any district is converted to a two-family dwelling or to an apartment house accommodating only three families, it shall be exempted from the parking space requirements of this subsection, except in R-2-A districts where an apartment house accommodating three or more families shall meet the requirement of one parking space per family.

(b)

Location. All parking spaces required under this section shall be provided on the premises; except, that for a dwelling, apartment house, sanitarium or convalescent home, medical office building or funeral home in an R-3 district, R-5-A-1 district, R-5-B district, R-5-C district or any commercial district, or a hospital in any district, all or part of the required spaces may be provided on a separate lot or in private garages within 750 feet walking distance along a street from such premises. In such case, the area of such separate lot or the area of private garages may not be considered as a portion of the lot area on which the maximum permitted floor area ratio of the apartment house, medical office building or funeral home as specified in section 48-153 or section 48-212, is calculated.

(c)

Apartment house for use of the elderly only. Where an apartment house in an R-5-A-1, R-5-B, R-5-C or any commercial district is intended to be used exclusively by the elderly, the board of adjustment may modify the requirements of subsection (a) of this section; provided, that:

(1)

Such modification shall provide for not less than one parking space for each three families in an R-5-A-1 or R-5-B district and not less than one parking space for each four families in an R-5-C or commercial district;

(2)

The apartment house shall contain at least 40 dwelling units and shall be constructed specifically for occupancy by the elderly as determined by the provisions of the United States Housing Acts;

(3)

The apartment house shall be sponsored and operated by a nonprofit institution or by the Wilmington Housing Authority, or shall be constructed under any federal, state or other governmental program of financial assistance; and

(4)

The board shall have received a report from the department of planning and development indicating that a modification in accordance with subsections (1) through (3) of this subsection will not significantly affect the traffic circulation in the area immediately surrounding the apartment house.

(Code 1968, § 48-41; Ord. No. 92-028, § 2, 6-4-92; Ord. No. 92-053(sub 1), § 1(k), 7-2-92; Ord. No. 18-033, § 1, 7-12-18)

Sec. 48-444. - Parking spaces accessory to commercial uses.

(a)

Generally. After March 8, 1962, no building shall be erected for the commercial uses listed in the following table within the districts specified and, after April 18, 1985, no existing building shall be converted to such uses within C-1-A districts unless accessory parking space is provided and maintained, on the premises or within 750 feet walking distance along a street from such premises, or in the case of C-1-A districts on the premises or within 50 feet walking distance along a street from such premises, in accordance with the requirements specified in such table:

Use and District Minimum Amount of
Parking Space Required
Medical office or other professional office building:
R-5-B, R-5-C, C-6, W-2, W-4 Three for each physician or other professional practitioner using an office in the building
C-1-A (if not more than one practitioner) Three for each practitioner using the building, provided that the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum
Medical practitioner's office or professional office or studio of a sole-practitioner professional person:
R-3, R-4, R-5-A and R-5-A-1 Three for each such office
R-5-B and R-5-C One for each 150 square feet of such office space
Office, bank or financial institution:
C-3, C-4 None required
C-1, C-2, C-5, M-1, M-2, W-2, W-3, W-4 One for each 500 square feet of gross floor area devoted to such uses for all buildings with a gross floor area of 2,000 square feet or more
C-1-A One for each 500 square feet of gross floor area in excess of 1,500 square feet of gross floor area devoted to such uses for all buildings with a gross floor area of 1,500 square feet or more
C-2-A Two for each 500 square feet of gross floor area devoted to such uses, provided that the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum
C-6 One for each 2,500 square feet of gross floor area devoted to such uses
Telephone central office:
All districts One for each three employees
Retail or service establishment:
C-3, C-4 None required
C-1 One for each 200 square feet of gross floor area devoted to such uses for all buildings with a gross floor area of 1,000 square feet or more devoted to such use
C-2-A Two for each 500 square feet of gross floor area devoted to such uses, provided that the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum
C-6 One for each 600 square feet of gross floor area devoted to such use
All other districts One for each 300 square feet of gross floor area devoted to such uses for all buildings with a gross floor area of 1,500 square feet or more devoted to such use
Laundromat:
C-1-A One for every four machines devoted to such use, provided that the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum
Private club or lodge:
C-1-A One for each five permanent seats or one for each 35 square feet of floor area usable for seating, whichever is greater, provided that the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum
Neighborhood retail store or service establishment of over 1,500 square feet; restaurant or lunchroom; and retail food store:
C-1-A Respectively: One for each 200 square feet of interior floor area in excess of 1,500 square feet of total interior area devoted to such use; one for every table or one for every four seats, whichever is greater; one for every 200 square feet of gross floor area; provided, that, as to each use, the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum
C-3, C-4 None required
All other districts One for each five permanent seats, or one for each 35 square feet of floor area usable for seating if seats are not fixed
Commercial recreation:
Bowling alley:
C-3 None required
All other districts Two for each alley
Other commercial recreation:
C-3 None required
Hotel:
C-3, C-4 None required
All other districts One for each two sleeping rooms
Motel:
All districts One for each sleeping room or suite
Indoor theatre, assembly hall (except a church or other place of worship), private club or lodge, or commercial sports park or arena:
All other districts One for each 75 square feet of floor area devoted to patron use
Funeral home:
All districts One for each 35 square feet of floor area available for seating purposes in a chapel or other rooms used for public assembly
Emergency shelter for the homeless:
C-2, C-3, C-4, C-5, C-6, and M-2 (matter-of-right) and M-1, W-2, W-3 and W-4 (if approved by the zoning board of adjustment) One parking space for each employee of the emergency shelter for the homeless computed on the basis of the estimated maximum number of employees working in the shelter at any one time, provided that the zoning board of adjustment, pursuant to article II, division 3 of this chapter, may approve a lesser requirement if the applicant can demonstrate that the proposed use will not generate sufficient parking demand to require the prescribed minimum

 

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(b)

Separate lots. The area of a separate lot on which all or part of the accessory parking space required by subsection (a) of this section is provided may not be considered as a portion of the lot area on which the maximum permitted floor area ratio of the principal use, as specified in section 48-212, is calculated. Any parking lot that is used in whole or in part during any part of any day or evening of the week as a parking lot accessory or ancillary to any alcoholic beverage establishment, defined as any package store, restaurant that serves alcoholic beverages, taproom or tavern regulated by the Alcoholic Beverage Control Commission of Delaware, shall have appropriate signs installed or caused to be installed by the owner or operator of such establishment within the perimeter of the parking lot properly identifying such parking lot as a parking lot available during the hours to be specified on such signs for the subject alcoholic beverage establishment's patrons to use for the parking of motor vehicles. Such signs shall also comply with the applicable provisions of chapter 41 of this Code.

(Code 1968, § 48-42; Ord. No. 92-028, § 2, 6-4-92)

Sec. 48-445. - Parking spaces accessory to storage, manufacturing and industrial uses and indoor commercial horticultural operations.

After March 8, 1962, no building shall be erected for the storage, manufacturing and industrial uses listed in the following table unless accessory parking space is provided and maintained on the premises in accordance with the requirements specified in such table:

Use and District Minimum Amount of
Parking Space Required
Warehouse or storage establishment or indoor commercial horticultural operation:
C-1, C-2, C-3, C-4, C-5, C-6, M-1, M-2, W-1, W-2, W-3 One for each 3,000 square feet of gross floor area
C-2-A The greater of one for each employee or one for each 2,000 square feet of gross floor area
Manufacturing or industrial establishment:
C-2-A The greater of one for each employee or one for each 2,000 square feet of gross floor area
M-1, M-2, W-1, W-2, W-3 One for each three employees, computed on the basis of the estimated maximum number of employees at any one time, in an establishment with four or more employees
Laboratory, Research, and Testing Facilities:
C-5, M-1, M-2, W-1, W-2, W-3, W-4 (for W-4, only if approved by the zoning board of adjustment) The greater of one space per employee or one space per 2,000 square feet of gross floor area

 

(Code 1968, § 48-43; Ord. No. 19-033, § 7, 7-11-19; Ord. No. 25-013(sub 1), § 6, 5-1-25)

Sec. 48-446. - Loading and unloading spaces.

After March 8, 1962, no building to be used in any district for the uses specified in the following table shall be erected unless loading berths are provided on the premises in accordance with the requirements of such table:

Use and District Minimum Number of Loading Berths
Apartment house with more than 20 family units 1
Office building or hotel:
With 20,000 to 100,000 square feet of gross floor area 1
With over 100,000 square feet of gross floor area 2
Retail or service establishment or other commercial use with 10,000 square feet or over of gross floor area 1
Storage, manufacturing or industrial use:
With 25,000 to 100,000 square feet of gross floor area 1
With over 100,000 square feet of gross floor area 2

 

(Code 1968, § 48-44)

Sec. 48-447. - Size of parking spaces and loading berths.

(a)

Parking spaces. Except as provided in this section, the net area of a parking space, exclusive of access or maneuvering area, shall be not less than 180 square feet. Where the provisions of this chapter require ten or more accessory parking spaces for a single building use or location, up to 30 percent of the required accessory parking spaces may be not less than 120 square feet, provided that no parking space is less than 7½ feet wide.

(b)

Loading berths.

(1)

For apartment houses, required loading berths shall be not less than 45 feet deep.

(2)

For all other buildings, the first required loading berth may be not less than 30 feet deep and all additional required loading berths shall be not less than 45 feet deep.

(3)

All loading berths shall be not less than 12 feet wide and have a minimum vertical clearance of 14 feet.

(4)

The dimensions specified above for loading berths are exclusive of access aisles, maneuvering space and loading platforms.

(5)

Except as provided in subsection (6) of this subsection, a loading platform shall be provided for each loading berth with the following minimum dimensions in addition to the area of such loading berth:

a.

For a loading berth with a required depth of 30 feet, an area of 100 square feet; and

b.

For loading berth with a required depth of 45 feet, an area of 200 square feet.

(6)

No loading platform need be provided if the required loading berth is increased in depth for the full width thereof in such amount that the area of the resulting enlarged loading berth is equal to the combined area of a required loading berth and a required loading platform.

(Code 1968, § 48-45)