(a)

Generally. No person other than the city or an agency acting under contract therewith shall remove topsoil or sod except under one of the following conditions:

(1)

In connection with the construction or alteration of a building for which a building permit has been previously issued or in connection with excavation of grading incidental to such building or maintenance of the grounds thereof.

(2)

In connection with normal lawn preparation and maintenance on the lot from which such topsoil or sod is removed.

(3)

In connection with any accessory use incident to a permitted use.

(4)

In connection with the construction or alteration of a street.

(5)

As incident to a use permitted in section 48-472.

(b)

Compliance with section. It shall be unlawful for any person to neglect, fail or refuse to comply with the provisions of subsection (a) of this section.

(Code 1968, § 48-54)

(a)

Generally. The excavation of clay, sand, gravel, rock or other natural mineral deposit for use on the premises, for grading of such premises not below the level of adjoining streets, or in connection with the erection of a building or the construction or alteration of a street shall be permitted in any district; materials thus excavated and not used on the premises may be sold. Such excavation shall be conducted in such a way as not to leave loose boulders exposed.

(b)

Commercial excavation. The excavation of clay, sand, gravel, rock or other natural mineral deposit for commercial purposes shall be permitted only in an M-2 district, subject to compliance with the following regulations:

(1)

The final scope of materials in any excavation or pit shall not exceed the normal limiting angle of repose of such materials; and

(2)

No depression shall be left below the surrounding ground level.

(Code 1968, § 48-55)

(a)

Generally. Every part of a required yard or court or other required open space shall be open and unobstructed to the sky except as otherwise permitted under sections 48-154, and 48-477 and division 2 of this article or by the following specified projections and encroachments:

(1)

Uncovered steps, an open porch, or an enclosed porch may project into a required rear yard a distance of not more than ten feet in an R-1, R-2 or R-2-A district and a distance of not more than eight feet in an R-3, R-4, R-5-A, R-5-A-1, R-5-B or R-5-C district.

(2)

Any permissible projection beyond the street line or the building setback line permitted as follows:

a.

General. Except as herein provided, a part of any building hereafter erected and additions to an existing building theretofore erected shall not project beyond the lot lines or beyond the building line where such lines are established by the zoning law or any other statute controlling building construction.

b.

Below grade. A part of a building hereafter erected below grade that is necessary for structural support of the building shall not project beyond the lot lines, except that the footings of street walls or their supports which are located at least eight feet below grade shall not project more than 12 inches beyond the street lot line.

c.

Above grade. All projections hereafter permitted beyond the street lot line or the building lot line above grade shall be so constructed as to be readily removable without endangering the safety of the building.

d.

Projections necessary for safety. In any specific application, the code official is authorized to designate by approved rules such architectural features and accessories which are deemed desirable or necessary for the health or safety of the public as well as the maximum extent to which such features shall project beyond the street lot line or the building line where established by statute, subject to all provisions and restrictions that are otherwise prescribed by law, ordinance or rule of the authorities having jurisdiction over streets or public spaces.

e.

Permit revocable. Any permit granted or permission expressed or implied in the provisions of this code to construct a building so as to project beyond the street lot line or building line shall be revocable by the jurisdiction at will.

f.

Existing encroachments. Parts of existing buildings and structure which already project beyond the street lot line or building line are not required to be altered until their removal is directed by the proper authorities of the jurisdiction.

(3)

Any other permissible encroachment into a required yard or court permitted as follows:

a.

Permissible projections. Every required court and yard shall remain unobstructed for its required area and full height, except for the projections permitted in the following subsection b.—g.:

b.

Maximum encroachment. A part of any building or structure shall not extend into side courts, inner courts or yards required for light and ventilation of habitable and occupiable rooms by the zoning law or other statutes controlling building construction. The encroachment shall not exceed 20 percent of the legal area of the yard or court which is required for light and ventilation purposes.

c.

Accessories. In use groups R and I, clothes poles, arbors, garden trellises and other such accessories shall not be prohibited in the open spaces at ground level.

d.

Roof eaves. Roof eaves shall not project more than three feet beyond the face of the wall.

e.

Steps and architectural features. Steps, window sills, belt courses and similar architectural features, as well as rain leaders and chimneys, shall not project more than two feet beyond the face of the wall.

f.

Exterior stairways and fire escapes. Outside stairways, smokeproof tower balconies, fire escapes or other required elements of a means of egress shall not project more than four feet beyond the face of the wall.

g.

Motor vehicle parking. Where approved, required court and yard areas for automobile parking spaces or private garages not exceeding one story in height where accessory to and only for the occupants of a use group R occupancy are permitted, provided that required windows for light and ventilation are not obstructed thereby.

(b)

Compliance with section. It shall be unlawful for any person to fail, neglect or refuse to comply with the provisions of subsection (a).

(Code 1968, § 48-56; Ord. No. 92-028, § 2, 6-4-92; Ord. No. 18-033, § 3, 7-12-18)

On any corner lot in a residence district there shall be no structure, shrubbery or planting such as will obstruct street traffic visibility within the triangular area formed by the intersection of any two street lines and a line joining the respective points on each of these lines distant 20 feet from their point of intersection.

(Code 1968, § 48-57)

(a)

Solid and open fences in residence, waterfront and commercial districts generally; barbed wire or razor wire fencing material. A solid fence, which in the interpretation of this section shall be deemed to include any fence or wall which is more than 80 percent solid, may be erected in any residence, waterfront or commercial district; provided, that it shall be not more than six feet high unless a greater height is required under subsection (b) of this section, or unless a greater height is required in the waterfront districts pursuant to the provisions of article VIII, division 2 of this chapter. Any such fence erected shall be subject to the building setback line provisions as set forth in sections 48-154 and 48-213. An open fence, which in the interpretation of this section shall be deemed to include any fence or wall which is less than 80 percent solid, may be erected in any residence district; provided, that it shall be not more than eight feet high unless a greater height is required under section (b) of this section. Any such fence erected which is more than 25 percent solid but less than 80 percent solid shall be subject to the building setback line provisions as set forth in sections 48-154 and 48-213. From and after January 8, 1988, no fence of any kind which is composed in whole or in part of or to which there is or has been added, barbed wire, or razor wire, or any barbed wire type of fencing material shall be permitted in any residential district, any commercial district, any W-3, waterfront low-intensity manufacturing/commercial recreation district, or any W-4, waterfront residential/commercial district. Fences so composed in whole or in part shall be permitted in any manufacturing (M-1 and M-2) districts and in any W-1, waterfront manufacturing district, or any W-2, waterfront manufacturing/commercial district, except that the prior approval of the zoning board of adjustment shall be required in any instance in which any such fence will be located on a property which abuts, is adjacent to, or is on the opposite side of a street from a property located in a residential district, and such fence shall be subject to conditions, if any, as deemed necessary by the board.

(b)

Uses requiring special fences. In any district where they are permitted, the following uses when established shall be conducted only within an area completely enclosed by a wall at least seven feet high: Automobile wrecking; storage of scrap metal, junk, scrap paper or rags, including sorting or baling of same; and storage of used or secondhand lumber and other salvaged building material. Such existing uses shall comply with the provisions of this subsection within not more than one year from March 8, 1962. Notwithstanding the provisions of this subsection, any compliance with the requirements of any state or federal agency for fencing and screening under 17 Del. C. ch. 12 (17 Del. C. § 1201 et seq.), the federal highway beautification act of 1965, 23 USC § 136, or any other state or federal law pertaining to screening or fencing and any and all amendments to any and all such laws, shall be in compliance with the provisions of this subsection; furthermore, any conflict between the provisions of this subsection and those in any state or federal law shall be resolved in favor of the state or federal law.

(c)

Projecting fences in residence and commercial districts. A fence less than one-fourth solid in a residence or commercial district may project beyond the building setback line as provided in section 48-154(e) and section 48-213(a)(2).

(d)

Spite fences. No fence or other structure deemed by the building inspector to be designed primarily to cause annoyance or damage to adjoining property shall be permitted.

(Code 1968, § 48-58)

(a)

Purpose. The purpose of this section is to encourage the redevelopment of the older areas of the city by large-scale residential, institutional or commercial developments which might offer a variety of building types and more efficient overall planning than is possible under the strict application of the use, height and area provisions of this chapter to each individual building. The procedures and standards established in this section are designed to ensure that the overall densities of each such large-scale project shall not be in excess of those permitted by the present zoning of the area, that due consideration shall be given to circulation within, to and from the site and that the light, air and general welfare of all neighboring property shall not be impaired by the proposed development.

(b)

Size and character of site. When an application is filed for approval of a large-scale redevelopment project such application shall certify that:

(1)

The area to be included in the development, which may include the area of any street proposed to be abandoned, contains ten or more acres.

(2)

The applicant is the legal or equitable contract owner of all rights in the entire area.

(3)

The proposal involves the demolition or rehabilitation of all buildings which are not structurally sound, no longer provide an economic use for the land in their present use or configuration, or are devoted to a nonconforming use.

(c)

Site plan. Each application for a large-scale redevelopment project shall be submitted to the zoning administrator with five copies of a site plan drawn to scale, showing:

(1)

The proposed use, location, dimensions and architectural elevations of all buildings and other structures;

(2)

The open areas of the proposed development;

(3)

Existing zoning classifications of the site and of all property within 200 feet therefrom; and

(4)

The location of public and private rights-of-way, encumbrances and easements bounding and intersecting the area and indications as to which of these are to be continued, relocated or abandoned.

(d)

Standards. The proposed development as shown on the site plan shall conform with the following standards:

(1)

The gross floor area of all buildings does not exceed the sum of the total permitted by the maximum floor area ratios established by this chapter for each district within which the site is located. If any part of the site lies within a district for which no floor area ratio is established by this chapter, the zoning administrator shall determine an equivalent floor area ratio for such district based on the other height, density and area regulations established herein for such district;

(2)

The provision for light and air is in all respects adequate to the special circumstances and the open spaces at least equivalent to the requirements of this chapter, although there may be a variation in the required building setback lines, side yards, and rear yards; and

(3)

Properly planned and adequate parking spaces and loading berths are provided within the designated area, and their total capacity shall be not less than the total re-quired by the provisions of article X of this chapter.

(e)

Procedure. Within ten days after receipt of the application, the zoning administrator shall submit the application to the city planning commission for its review and report, in which such commission shall give consideration to its relation to the comprehensive development plan for the city. The city planning commission shall submit its report to city council within 60 days with its recommendation which may be either for approval, approval with revisions, or disapproval. After receipt of the report of the city planning commission, city council shall, after public hearing, approve, with or without revisions, or disapprove the application and accompanying site plan and, if approved, shall authorize the building inspector to issue building permits in accordance therewith. Such action shall not conflict with the recommendations of the city planning commission except by a three-quarters vote of city council. No modification of the site plan approved by city council shall be permitted unless processed as a new application in accordance with the procedure set forth in this section.

(Code 1968, § 48-59)

(a)

Use. Private garages shall be allowed subject to the following:

(1)

No commercial vehicle shall be housed in any private garage in an R-1, R-2 or R-2-A district.

(2)

Not more than one commercial vehicle, which shall not be over 1½ tons' capacity, or two tons' weight, shall be housed on any lot in any R-3, R-4, R-5-A, R-5-A-1, R-5-B or R-5-C district except as permitted in a community garage in an R-4 district under section 48-135(d)(2).

(3)

Space for not more than one vehicle, which shall not be a commercial vehicle, may be leased to other than an occupant of the principal building in any R-4 district; space for not more than two vehicles, or ten percent of the total number of parking spaces, whichever is the greater, no one of which shall be a commercial vehicle, may be similarly leased in an R-5-A, R-5-A-1, R-5-B or R-5-C district.

(b)

Location. In an R-1 district, a private garage located in a rear yard shall be not less than five feet distant from any party lot line, except as otherwise provided in this subsection. In addition:

(1)

In an R-2, R-2-A, R-3, R-4, R-5-A, R-5-A-1, R-5-B or R-5-C district, a private garage in a rear yard may be erected on a party lot line.

(2)

On a corner lot in an R-1, R-2, or R-2-A district, a private garage located in a rear yard shall be at least eight feet distant from the rear lot line.

(3)

A private garage may be erected in any residence district alongside a principal building; provided, that it shall be removed from the side lot line a distance not less than the minimum required side yard width and is set back from the front street line by a distance at least ten feet greater than the required building setback line for the principal building for the district within which it is located. The minimum distance between such a private garage and the principal building shall not be less than the required minimum width of a side yard, for the district within which it is located, under section 48-156.

(4)

Nothing in this section shall prevent, upon mutual agreement between property owners, the construction of party-wall private garages across a common party lot line.

(5)

A private garage attached to a principal building shall be subject to the yard requirements of the principal building.

(6)

Private garages accessory to an apartment house may also be located in any one or more of the following alternative ways:

a.

Within the building;

b.

Beneath any part of the yards or courts; provided, that it is wholly below the finished ground level;

c.

Beneath a side yard, a rear yard, or a court and extending above the finished ground level, provided that:

1.

No portion of the roof of such a garage, except parapets, extends higher than the level of the first floor beams of the principal building;

2.

Such garage is so designed that the area above it may be used for an open terrace or part of the yard; and

3.

No portion of such garage shall extend to any lot line but shall set back such distance as may be determined by the zoning board of adjustment on the basis of proposed elevations and grades and their effect on adjoining property.

d.

On a separate lot when permitted under section 48-138(d)(5) or section 48-443(b).

(7)

Groups of private garages, in the form of community garages to serve residential uses in the immediate neighborhood and constructed on a separate lot in an R-3, R-4, R-5-B or R-5-C district, shall conform with the building setback line requirements for a principal building for the district within which they are located and shall be distant from all party lot lines in accordance with the provisions in this section for a private garage constructed on the same lot as its principal building. There shall be a minimum distance of six feet between separate structures housing such garage space.

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

(a)

Proximity to residence districts generally. No public garage or gasoline service station hereafter erected or enlarged shall have any building, gasoline pump or other structure closer than 25 feet to the boundary of any residence district or have any entrance or exit connected with a street at a point closer than 50 feet to the boundary of any residence district, unless permission therefor is granted by the zoning board of adjustment after such board shall have determined that the use will not damage abutting property.

(b)

Vehicular entrances near churches, schools, etc. No public garage or gasoline service station shall have an entrance for vehicles within 200 feet along the same street of the grounds of a church, school, hospital or institution for children.

(c)

Location of pumps, etc. Gasoline service stations shall have their gasoline pumps and other service facilities set back at least 15 feet from any street line. This provision does not apply to gasoline pumps and other service facilities within public garages.

(d)

Review of application for building permit by department of public works. No building permit shall be issued for a public garage or gasoline service station until the application has been submitted to the department of public works for review and report.

(Code 1968, § 48-49)

(a)

Outdoor storage of materials and substances that may become airborne or that are determined by the zoning administrator to have the potential to become airborne shall be treated and/or covered in such a manner so as to prevent the materials or substances from becoming airborne.

(b)

Any and all materials or substances meeting the criteria of this section, either before or after adoption of this section or any amendment thereto, shall be treated or covered in compliance with this section.

(Ord. No 02-116(sub 1), § 2, 12-12-02)

(a)

For outdoor storage of any substances, appropriate containment and/or diversionary structures or equipment shall be maintained so as to prevent the substances from spilling, leaking, discharging, or leaching into the soil, groundwater, surface water, air, or public sewer system.

(b)

For the purpose of this section, "substance" shall include:

(1)

Any hazardous substance as defined in the comprehensive environmental response compensation and liability act of 1980 and any amendments thereto;

(2)

Petroleum and petroleum products; and

(3)

Any substance determined by the zoning administrator to be a risk to the health, safety and welfare of the public.

(c)

For the purpose of this section, "appropriate containment and/or diversionary structures or equipment" may include, but is not limited to: absorbent materials, dikes, berms, or retaining walls sufficiently impervious to contain the spilled substance.

(d)

Any and all materials or substances meeting the criteria of this section, either before or after its adoption, or any amendment thereto, shall be stored in compliance with this section.

(Ord. No. 02-116(sub1), § 3, 12-12-02)

A buffer zone of 300 feet shall exist between any marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, or retail marijuana store and any:

(1)

Residential zoning district; or

(2)

Public or private school serving any grade between kindergarten and twelfth grade.

(Ord. No. 25-013(sub 1), § 7, 5-1-25)

Accessory uses or accessory buildings shall be permitted only on the same lot with the use or building to which they are accessory, unless specifically permitted on another lot under other provisions of this chapter.

(Code 1968, § 48-53(a))

An accessory building shall be located in a rear yard and subject to the location requirements for private garages in section 48-477(b); except, that a private garage may be erected alongside a principal building in any residence district under the special regulations of section 48-477(b)(3).

(Code 1968, § 48-53(b))

Not over 30 percent of the area of a required rear yard on any lot shall be occupied by an accessory building or accessory buildings.

(Code 1968, § 48-53(c))

An accessory building in any district shall not exceed one story or 15 feet in height; except, that in an R-1 district a private garage may have a second story used for sleeping or living quarters of domestic employees of the family occupying the principal building. Any such two-story accessory building shall not exceed 22 feet in height and shall be set back from any side lot line for a distance of not less than eight feet.

(Code 1968, § 48-53(d))

A swimming pool accessory to a residential building may be constructed in any district; provided, that:

(1)

If located in a rear yard it shall not cover more than 40 percent of the required rear yard area; and

(2)

It may be located in a side yard if the distances from the building and the side lot line to the pool are each not less than ten feet.

(Code 1968, § 48-53(e))

If approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, an accessory building may be erected on an otherwise vacant lot to be later occupied by a principal building; provided, that:

(1)

Such accessory building would not damage surrounding property; and

(2)

It is so located that the proposed later construction may be in conformity with all the requirements of this chapter.

(Code 1968, § 48-53(f))

Amusement game machines as a use accessory to a commercial use in any C-1, C-2, C-3, C-4, or C-5 district may be permitted, provided that:

(1)

They are located in the same premises as the use to which they are accessory and are incidental to such use; and

(2)

There are no more than two such amusement game machines unless otherwise authorized in the premises, with not less than 40 square feet of gross floor area allocated to each machine and ingress to and egress from the premises is unobstructed.

(Code 1968, § 48-53(g))

Editor's note— Ord. No. 10-041(sub 1), § 21, adopted Oct. 7, 2010, deleted in its entirety § 48-498, which pertained to minor antennae structures and derived from Code 1968, § 48-53(h).

Editor's note— Ord. No. 10-041(sub 1), § 21, adopted Oct. 7, 2010, deleted in its entirety § 48-499, which pertained to amateur radio antenna support structure and derived from Code 1968, § 48-53(i).

A parking lot and individual parking spaces in any district, whether in the form of any parking space accessory to a one-family or a two-family dwelling, parking spaces accessory to a dwelling for more than three families, or accessory to any nonresidential use, or in the form of a commercial parking lot, shall conform to the following special provisions:

(1)

All areas devoted to access driveways or roadways, maneuvering areas and parking berths, pads or spaces shall be paved with materials which form an all-weather surface and shall be properly drained to a sewer or properly managed at the discretion of the commissioner of public works;

(2)

It shall be so designed that no parking pad or space for any vehicle will project over any lot line or building setback; provided, however, that the zoning board of adjustment may approve one such parking space per family if each is to be accessory to an existing one-family or two-family dwelling or to a one-family or two-family dwelling to be constructed, if curb cuts are minimized for such new construction or for existing dwellings, except that, the owner or owners together of two or more adjacent lots may apply for a greater number of parking spaces and the zoning board of adjustment may then approve a greater number not to exceed two parking spaces per lot, if only a single curb cut is proposed for both lots and further provided in any case that each such parking space:

a.

Shall conform to all other applicable requirements of this section;

b.

Shall not be detrimental to the character of the neighborhood; and

c.

Before taking final action on any application for such use, the zoning board of adjustment submits the application to the department of public works for review and report and receives such report;

(3)

No other use shall be conducted from or upon the premises and no structure other than an attendant's shelter shall be erected thereon unless such use or structure is otherwise permitted in the district in which the parking lot is located or is a use on the premises to which the parking lot is accessory;

(4)

No vehicular entrance or exit shall be within 25 feet of a street intersection as measured from the intersection of the nearest street lines;

(5)

Any lighting used to illuminate it or any accessory structure shall be so arranged that all direct rays of light are confined to the surface of the parking lot;

(6)

No building permit shall be issued for a parking lot until the application for the same has been submitted to the department of public works for review and report and such report is received by the department of licenses and inspection; and

(7)

All non-residential parking lot designs should incorporate current storm water management best practices, where practical, as described in section 11-311, to reduce storm water runoff to the city's combined sewer overflow system and to enhance the quality of storm water discharge. Non-residential parking lot owners may apply to the department of public works for storm water credits outlined in the city storm water credits and fee adjustment appeals manual, which may result in lower quarterly storm water charges.

(Code 1968, § 48-50(a); Ord. No. 09-044, § 4, 8-27-09; Ord. No. 18-033, § 6, 7-12-18)

In addition to the provisions of section 48-511, surface parking lots and parking garages shall conform to the following provisions as applicable and as set forth in this subdivision.

(Code 1968, § 48-50(b))

The purpose and intent of this subdivision is to preserve and promote the health, safety and general welfare of the public by minimizing the harmful effects of noise, dust and other debris, motor vehicle headlight glare or other artificial light intrusion, unsafe vehicular intrusions over property lines and other objectionable activities or effects resulting from operations conducted in and on commercial parking lots and parking garages. This subdivision is intended to require the landscaping of certain parking lots and parking garages in order to:

(1)

Assist in the reduction of the harmful effects of wind and air turbulence;

(2)

Permit the return of precipitation to the ground water strata;

(3)

Assist natural drainage systems and ameliorate storm water drainage problems;

(4)

Reduce the level of carbon dioxide and return pure oxygen to the atmosphere;

(5)

Prevent soil erosion; to provide shade; and

(6)

Reduce instances of blighted appearance of parking lots and the visual impact of parking garages.

(Code 1968, § 48-50(b)(1))

The provisions of this subdivision shall be applicable to:

(1)

Any off-street surface parking lot including: Any commercial parking lot whether of a temporary or permanent nature; any accessory parking lot located in a residence district; any accessory parking lot or a commercial parking lot in other than a residence district that is located on a lot contiguous to a lot in a residence district; any parking lot in a residence district accessory to a commercial use in an adjoining commercial district; and any parking lot in a residence district that is accessory to an apartment building or condominium building or complex in an adjoining commercial district; but not including off-street parking pads or spaces accessory to one-family or two-family dwellings as provided in section 48-511, and not including any such new or existing parking lot, that has fewer than five parking spaces, except if located in a residence district or if expanded, as hereinafter provided.

a.

Existing parking lots. Any off-street surface parking lot that is existing, or for which at least one building permit or certificate of use and occupancy has been issued, as of January 1, 1998 and that contains five or more parking spaces located within the boundaries of, or on a lot any part of which is adjacent to or directly across a street from any boundary of any C-3, central retail, or C-4, central office, district shall be brought into conformity with the requirements of section 48-528 during the first two years following such date, i.e., on or before December 31, 1999, unless such use has been sooner terminated, in phases and with priorities in accordance with and as set forth in such section and in the implementation schedule and targeting map hereby authorized and to be maintained by and to be on file in the offices of planning and of the zoning administrator. Any off-street surface parking lot that is not subject to this provision, but that complies with the provisions of this subdivision, may continue as a nonconforming use subject to the provisions of section 48-38.

b.

New construction or expansion of parking lots. Any off-street surface parking lot that is first proposed or is newly constructed, and any existing surface parking lot that is proposed to be expanded or enlarged, after such effective date, if located in any zoning district except M-2, general industrial, shall comply with the provisions of this subsection as follows:

1.

Any surface parking lot proposed to be so constructed or expanded and located in whole or in part in any residence district shall comply with the requirements of sections 48-528 and 48-529.

2.

Any surface parking lot proposed to be so constructed or expanded so as to contain five or more parking spaces and located in whole or in part in any commercial district or any M-1, light manufacturing district, that abuts any part of an adjoining residence district shall comply with the requirements of sections 48-528 and 48-529. Any surface parking lot, as so described above, that will not abut any part of a residence district shall comply with the requirements of section 48-528.

c.

The provisions of this section that are applicable to commercial parking lots shall apply, regardless of whether such commercial parking lots are "pending development." No exceptions to the implementation of landscaping requirements shall be granted, regardless of whether the commercial parking lots are owned by or developed by public or governmental agencies or by private organizations or entities.

(2)

Parking garages. Any parking garage that is an aboveground or underground parking facility or structure, whether freestanding or incorporated into a larger structure, that is newly constructed after such date shall comply with the requirements of section 48-527. Any such parking garage that is existing as of June 3, 1988, shall be brought into conformity with the provisions of section 48-527 during the first five years following such date, in phases and with the same priorities as set forth in the implementation schedule and the targeting map referenced in subsection (1)a. of this section and in section 48-527.

(Code 1968, § 48-50(b)(2); Ord. No. 97-066(sub 2), § 1, 1-8-98; Ord. No. 21-040, § 3, 10-7-21)

The zoning administrator, in consultation with the commissioners of licenses and inspections and public works, or their respective designees, shall be responsible for the review of all landscape plans and shall evaluate whether the plans submitted comply with the requirements of this subdivision and may recommend changes by which such plans will so comply.

(Code 1968, § 48-50(b)(3))

Any landowner or parking lot operator applying for a permit to construct, or to expand, a surface parking lot or to construct a parking garage, or, in the case of an existing parking lot or garage applying for permits so as to bring the same into compliance with this subdivision, shall submit a landscape plan to the department of licenses and inspection at the time of application for such building permits. Such landscape plans shall contain the following information:

(1)

Scale: Plans shall be drawn to a scale of not less than 50 feet to the inch.

(2)

Project name, street address and the names, addresses and telephone numbers of the property owner, the parking lot operator and the person preparing the plan.

(3)

The location of all existing and proposed boundary lines and all proposed or existing driveways, parking areas, curbs, sidewalks, utility lines, structures and landscaped areas. Landscaped areas shall indicate dimensions and all proposed, and any existing, trees and plants shall be illustrated.

(4)

All plans shall be accompanied by a list of proposed plants and trees including the number, height or caliper size, common and botanical name.

(5)

Any existing vegetation to remain on-site shall be identified by name, quantity and size.

(6)

Any other information as may be deemed necessary by the zoning administrator.

(Code 1968, § 48-50(b)(4))

The following standards shall apply to the installation and maintenance of all landscaping and screening required by the provisions of this subdivision with the preferred methods of planting for all landscape treatments being the LDR City-Wide Environmental Enhancement Plan, 1996, on file in the planning department:

(1)

Minimum specifications for plants and trees.

a.

Condition: All plants required by this subdivision shall be well branched and well-formed, sound, vigorous, healthy and free from disease, sunscald, wind burn, abrasion and harmful insects or insect eggs and shall have healthy, normal and unbroken root systems. All plants shall comply with the American Association of Nurserymen's Standards, shall be species which normally do not disrupt adjacent sidewalks or water systems and shall conform to the representative species. No artificial plants of any kind shall be used in lieu of the requirements of this subdivision.

b.

Size: All plants installed to meet the requirements of this section shall comply with the minimum size requirements below at the time of planting:

1.

Street trees (shade or ornamental trees of a type or species recommended for city conditions): height: 12 to 15 feet; caliper: three and one-half-inch diameter, which shall not be branched lower than six feet. All street trees shall be maintained in good health or replaced if diseased.

2.

Large evergreen trees: height: 48 inches to 72 inches; full branching.

3.

Medium evergreen trees: height: 42 inches to 48 inches; full branching.

4.

Evergreen or deciduous hedges planted and maintained so as to form a continuous, solid visual screen within one year after planting. All hedges shall be maintained in good health or replaced if diseased.

5.

Such evergreen or deciduous hedges shall be installed at planting at heights of from 18 to 24 inches and shall be maintained at a height of not more than from 36 to 42 inches, except in areas of clear sight distance where the hedges shall be maintained at a maximum height of 30 inches above grade.

c.

Planting procedures: All trees and shrubs shall be installed so that soil depths and dimensions are such as will support the healthy and vigorous growth of the plant materials. Trees installed in the sidewalk or any part of the public right-of-way shall be planted in an area that is a minimum of 16 square feet which shall be covered with a tree grate, bricks, or other similar material which shall meet the standards of the department of public works to accommodate pedestrians and provided water drainage, but also permit vigorous growth of the tree.

(2)

Protection of landscaped areas. Landscaped areas as required by this section along property lot lines and public rights-of-way shall at all times be protected from foreseeable vehicular and pedestrian damage through the use of wheel stops, curbing or any other permanent barrier of suitable and approved construction material.

(3)

Visibility at corners and access points. No trees, shrubs, hedges or walls, whether or not required by this section, shall be planted, installed or maintained in any way that interferes with visibility at traffic intersections, entrances or exits, and shall comply with the provisions of section 48-474.

(Code 1968, § 48-50(b)(5); Ord. No. 97-066(sub 2), § 1, 1-8-98)

(a)

Requirement. All parking garages, both existing and newly constructed, shall comply with the following provisions:

(1)

One street tree shall be planted along all public rights-of-way, in accordance with an approved plan, for each 50 linear feet, or fraction thereof, of street frontage.

(2)

One street tree, which shall not be branched lower than six feet, shall be planted at each parking garage corner where two or more streets intersect.

(b)

Exceptions. The requirements of subsection (a) of this section shall not be applicable to the street frontage along any part of a structure in which there is incorporated an aboveground parking garage that has retail or service businesses on the ground-level of the structure. Parking garages that are aboveground and that are entirely enclosed, such that there are no open areas other than entrances and exits, shall not be required to comply with the provisions of subsection (a) of this section.

(c)

Implementation schedule; priority targeting map. In achieving compliance with the requirements of this subdivision, the provisions of section 48-528 shall be applicable to parking garages existing as of June 3, 1988 and located in the applicable area.

(Code 1968, § 48-50(b)(6))

(a)

Commercial surface parking lots and surface parking lots accessory to other uses. Wherever one or more parts of the perimeter of a surface parking lot, exclusive of that part designated for motor vehicle access to and from an adjoining street, abuts a public right-of-way the following requirements shall be applicable:

(1)

At least one street tree, of a type that has been approved by the city or by its authorized agent (such as the Delaware Center for Horticulture "DCH") as part of the tree permit process, for each 35 linear feet of street frontage, or fraction thereof, shall be planted between the interior side of the public right-of-way and the perimeter of the parking lot; or along both if they coincide, and continuous landscape screening (along 100 percent of the street frontage except at entrances and exits) shall be provided by an evergreen or deciduous hedge; such evergreen or deciduous hedges shall be installed at planting at heights of from 18 to 24 inches and shall be maintained at a height of not more than from 36 to 42 inches, except in areas of clear sight distance where the hedges shall be maintained at a maximum height of 30 inches above grade.

(2)

One street tree, which shall not be branched lower than six feet, shall be planted at each parking lot corner where two or more streets intersect.

(3)

Following referral by the zoning administrator of the question, if the department of public works has determined that sufficient sidewalk space is available for tree plantings and the department's written approval has been issued, then such plantings within the area of the public right-of-way may be permitted to meet the requirements of this subdivision. Generally, a minimum width of five feet of space should be preserved and maintained for pedestrian passage at all times after any such tree planting in the public right-of-way.

(4)

Whenever the owner of a parking lot requests approval by the department of public works to plant one or more trees in the public right-of-way, concrete wheel-stops or curbing, or other approved barrier to motor vehicles shall be installed, if there is not already one of the same, prior to, and as a condition for obtaining written approval for any such tree plantings.

(5)

There shall be maintained an area of interior lot landscaping, consisting of not less than five percent minimum interior landscaping to include one landscaped island and one three to three and one-half-inch caliper shade tree for every 20 vehicles, with landscaped islands that are each a minimum of 180 square feet.

In administering and enforcing the requirements of this section, the following provisions shall be given effect: (after January 1, 1998)

a.

All new parking lots of any size shall be required to adhere to the landscaping requirements of this section.

b.

All new and existing parking lots after January 1, 1998, that contain between 20 and 49 total parking spaces, prior to any landscaping plan, shall not be required to provide the five percent requirement that is otherwise applicable, but shall submit a landscaping plan to the planning department for review and approval prior to the issuance of any permits in connection with such uses.

c.

All new parking lots that contain 50 or more total parking spaces, prior to any landscaping plan, shall be required to provide at least the five percent minimum interior landscaping required by the provisions of this section.

(6)

In any instance of an existing parking lot which has been brought into compliance with the original parking lot landscaping provision regarding placement of street trees every 50 feet, the requirements hereof regarding planting of additional street trees so that the street trees are at intervals of 35 feet shall not be applicable except when replacing street trees that are removed or diseased. As to any new parking lots and parking lots which have not been brought into compliance with the 50-foot interval requirement, the more recent 35-foot requirement shall be fully applicable.

(b)

Additional requirements for accessory parking lots. Wherever a surface parking lot that is an accessory parking lot of any kind abuts a public right-of-way, the following additional requirements shall be applicable:

(1)

A landscape strip a minimum of three feet in width shall be planted and maintained between the public right-of-way and the perimeter of the parking lot along at least one-half of the adjoining street frontage, exclusive of driveways for motor vehicle access. All such landscape strips shall contain medium or large evergreen trees or hedges as described in section 48-526, further provided that there is compliance with section 48-474.

(c)

Modifications of perimeter and interior lot landscaping requirements.

(1)

The zoning administrator may modify any of the landscaping requirements of this subdivision if other alternatives proposed or accepted by the owner or operator of the subject surface parking lot would meet the intent of this subdivision, such as, but not limited to, the use of ornamental cast-iron, or reasonable substitute or imitation ("aluminum") thereof, fencing, brick walls, or an alternative landscape plan deemed acceptable by the zoning administrator, who shall refer proposals to the authorized agents of the city, including the Delaware Center for Horticulture ("DCH"), to the planning department and to the department of public works for review and advice.

(2)

The zoning administrator may reduce the required number of trees and may modify any spacing requirements if underground connections to public utilities preclude the planting of the required number of trees or whenever a fewer number of trees would be preferable in terms of good landscape planning practice and the intent of this subdivision would still be met.

(3)

In the administration and enforcement of this subdivision, the required street trees shall be planted along the perimeter of the parking lot if that can be done without loss of any existing parking space, or in the public right-of-way, subject to the prior approval of the department of public works in light of the location of existing utilities. If the existing parking spaces and the location of existing utilities both render compliance with such requirements impossible, the zoning administrator may waive or modify those requirements.

(d)

Implementation schedule; priority targeting map. As to parking lots existing as of June 3, 1988 and parking garages existing as of June 3, 1988 only, full compliance with the requirements of this subdivision may be achieved in phases during the first five years following June 3, 1988, provided that the requirements shall be met in accordance with the implementation schedule and targeting map authorized in section 48-523(1)a. The implementation schedule and the targeting map shall include the following:

(1)

Steps toward compliance may be taken voluntarily during the first year and thereafter the street frontage along not less than one side of each parking lot shall be brought into compliance per year.

(2)

Any side of a parking lot that has street frontage along any primary circulation route shall be brought into full compliance during the second to fifth years by landscaping not less than one side of the parking lot per year in sequence from the side along a primary circulation route beginning with the side having the greatest length of street frontage to that having the least. For purposes of this subdivision, a "primary circulation route" is any street that is designated as such in the city's duly adopted comprehensive plan and that has the capacity to serve as a principal transportation artery facilitating efficient motor vehicle access through, to, and around the city as opposed to local streets and secondary circulation routes from which primary circulation routes collect motor vehicle traffic.

(3)

Any side of a parking lot that has street frontage along a major pedestrian route shall be brought into full compliance within two years of June 3, 1988, except those routes that are designated as trails, as referenced below, which shall be brought into full compliance within five years of June 3, 1988. "Major pedestrian routes" shall be illustrated on the targeting map and are those streets that are travelled by or that attract a large and relatively greater number of pedestrians including: the Market Street Mall and the Western Gateway Retail Area; the blocks bordering the loop created by West Street, Delaware Avenue, Market Street, from Martin Luther King Boulevard to 14th Street, and West Ninth Street; and the streets designated as "trails" in the Wilmington Walkways Plan, 1987, except the Market Street River to River Trail, but including Wilmington Historic Trails.

(4)

Any side of a parking lot that has street frontage across the street from a city park with an open space zoning classification shall be brought into full compliance within two years of June 3, 1988.

(Code 1968, § 48-50(b)(7); Ord. No. 97-066(sub 2), § 1, 1-8-98)

(a)

Landscape screening shall be required only along the property lot lines other than those along public rights-of-way of any parking lot that borders any of the land uses or zoning districts listed below. Such screening shall be provided except where driveways or pedestrian access ways are required. Screening shall consist of a landscape strip not less than three feet wide along all property lot lines where:

(1)

The parking lot abuts any residence district, except not as to that side of the lot abutting an alley; or

(2)

The parking lot is adjacent to another property which contains off-street parking spaces in compliance with this chapter, or landscaped areas along the property line a minimum of three feet in width, or a plaza abutting the property line.

(b)

The landscape strip required by this subdivision shall consist of evergreen plantings of a minimum height of from 42 to 48 inches at the time of planting which shall effectively screen the parking lot from ground level view from the adjacent property. The zoning administrator shall review the spacing and types of evergreens described and illustrated on the landscape plan to determine compliance with these requirements and their maintenance thereafter.

(c)

Waiver and modifications of screening requirements. The zoning administrator may waive or modify the screening required in this subdivision along property lot lines for any of the following reasons:

(1)

The adjacent property owners have agreed in writing to the modifications, provided that such modifications do not have an adverse effect on other property owners or the public.

(2)

In the judgment of the zoning administrator, the adjoining property to be protected by screening is such that screening will not be effective.

(3)

Protective screening on the parking lot or on the adjacent property by an existing wall, hedge or vegetation already meets the intent of this subdivision.

(4)

Where an existing building is constructed at the property line.

(5)

Alternatives to continuous screening. Other alternative screening will meet the objectives of this subdivision, such as, but not limited to, the use of ornamental cast-iron, or reasonable substitute or imitation ("aluminum") thereof fencing and brick walls, or both; or an acceptable alternative landscape plan approved by the zoning administrator, which may include such decorative fencing, or solid masonry wall, the height of any such wall to be not more than from 30 to 36 inches in height, or such walls and hedge combinations or, inanimate but decorative landscaping, as screening options.

(Code 1968, § 48-50(b)(8); Ord. No. 97-066(sub 2), § 1, 1-8-98)

Each parking lot owner or parking garage owner, or their authorized agents, as the case may be, shall be responsible for the maintenance, repair and replacement of all landscaping, trees, interior and perimeter landscaping, screening, plants, materials and barriers required by the provisions of this subdivision. All plants and trees shall be tended and maintained in a healthy growing condition, replaced when necessary, and kept free of refuse and debris. All landscape materials shall be maintained in a safe and attractive condition. It shall be illegal to remove a street tree and fill or otherwise cover a street tree pit without written permission of the department of public works, a copy of which shall be forwarded by the department of public works to the zoning administrator.

(Code 1968, § 48-50(b)(9); Ord. No. 18-033, § 7, 7-12-18)

(a)

All newly constructed off-street surface parking lots and parking garages and all expansions of existing parking lots subject to the provisions of this subdivision shall be landscaped to completion in accordance with the applicable requirements of this subdivision prior to the issuance of a certificate of use and occupancy. If a parking lot or parking garage owner provides documentation that the required landscaping will be completed within six months or during the next planting season, whichever first occurs, the commissioner of licenses and inspection, in his discretion, may issue a temporary certificate of use and occupancy. If a temporary certificate of use and occupancy is so issued, but at the end of six months no substantial progress has been made to comply with the provisions of this subsection, the zoning administrator shall issue a Code violation notice to the parking lot operator pursuant to section 48-31, a permanent certificate of use and occupancy shall not be issued until the requirements of the applicable provisions have been met, and all of the provisions of section 48-31 shall be fully applicable.

(b)

Any surface parking lot existing as of June 3, 1988 and any parking garage existing as of June 3, 1988 required to be brought into compliance with the provisions of this subdivision shall be subject to the following provision:

(1)

If after each year of the phases of implementation following June 3, 1988, the owner or operator, as applicable, has not complied with the requirements of this subdivision for that year or for that and any previous years, the zoning administrator shall issue a Code violation notice to the parking lot owner or authorized operator pursuant to section 48-31 and all of the provisions of section 48-31 shall be fully applicable.

(Code 1968, § 48-50(b)(10))

Any owner or operator of a parking lot or parking garage, or fully authorized agent for the same, aggrieved by a decision of the zoning administrator under this subdivision, may appeal such decision in accordance with the applicable provisions of this chapter.

(Code 1968, § 48-50(b)(11))

The purpose and intent of this subdivision is to (i) accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, (ii) protect the built and natural environment from the adverse visual impact of telecommunications facilities and equipment through appropriate design and siting standards, applicable landscape screening, and innovative camouflage techniques, as well as through the provision of alternative treatments; and (iii) maximize the use of existing, approved telecommunications sites, structures and buildings to accommodate multiple antennas so as to minimize the need for new sites and reduce the number of overall facilities.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

(a)

This subdivision specifically addresses commercial telecommunications facilities and antennas. This subdivision shall apply to the installation of commercial telecommunication facilities and antennas at the following locations:

(1)

All property owned by private persons, firms, corporations or organizations;

(2)

Property owned or operated by the city or any agencies of the city, including public streets and alleys; and

(3)

Property owned by any local, state or federal government agency or political subdivision thereof required to comply with local government regulations or by written agreement.

(b)

This subdivision shall not apply to the following:

(1)

Amateur (including ham and short wave) radio facilities on private or public property, or the use of direct-to-home satellite services, television satellite or other related equipment solely for private, noncommercial use;

(2)

Antennas or antenna support structures erected temporarily for test purposes or for emergency communications. Temporary shall mean that the antenna or structure is removed within 72 hours of the termination of testing or emergency needs;

(3)

Telecommunications facilities which are not licensed by the FCC and are determined by the zoning manager to have little or no adverse visual impact; and

(4)

Any telecommunications facility located on land owned by one of the public entities listed below and operated for the public entity's public purpose only and not for commercial reasons:

a.

Federal government or any of its agencies;

b.

The state or any of its agencies or political subdivision of the state not required by state laws to comply with local zoning ordinances; and

c.

Wireless telecommunications facilities that are used solely for government, public safety or emergency purposes (including but not limited to 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals), whether located on property owned, leased or otherwise controlled by the government or as installed by or for the government on other structures or at other locations, and which incorporate stealth or camouflage technologies.

(c)

This division shall apply to all new antenna and telecommunications facilities, regardless of location or collocation, and to all existing antenna and telecommunications facilities that are to be expanded, relocated or replaced, excluding in-kind replacement.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

Except as specified in this division, it shall be unlawful for any person to erect, install, construct, enlarge, move, alter or convert any antenna or support structure, or cause the same to be done, within the City of Wilmington except in accordance with the provisions of this division. All antennas, support structures and related equipment shall also comply with all zoning and development regulations applicable to the district in which they are located. All antennas and related support structures shall be constructed in accordance with all relevant federal, state and local laws, statutes, codes and regulations.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

The department of planning and development, acting with the advice of the city planning commission, shall prepare, and from time to time modify, the standards and regulations governing the installation, design and concealment of commercial antennas and telecommunications facilities as shall be necessary to carry out the purposes of this chapter.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

(a)

All antenna, telecommunication facilities and related support structures, equipment and screening shall adhere to the setback requirements of the district within which they are located.

(b)

All ground mounted tower antennas, monopole antennas and antenna support structures shall be setback from the nearest property line at least a distance equal to the total height of the antenna and antenna support structures, in cases where the height exceeds the required setback distance.

(c)

No ground mounted tower or monopole shall be placed within 500 feet of any residential zone.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

(a)

The height of antennas, telecommunications facilities and related support structures, equipment and screening shall adhere to the requirements of the zoning district in which they are located.

(b)

The height of any building or structure mounted antenna or telecommunications facility, and their related support structures, equipment and screening, shall not exceed a height of 15 feet above the point of mounting.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

Satellite television antennas, conventional television antennas, dish antenna and supporting structures and amateur radio antennas (minor structure) for personal use may be erected at ground level, or by attachment to the side or rear wall of a building, or by rooftop installation in any district; provided, that:

(1)

Location. No satellite television antenna, conventional television antenna, dish antenna and supporting structure, or amateur radio antenna shall be permitted in any front yard but may be located in the rear yard if set back from any side or rear property line by a distance not less than the required side yard for the district in which it is located or five feet, whichever is greater; provided, however, that an amateur radio antenna may extend over the front yard if its center or attachment to its transmission line is located in a side yard or rear yard location. Rooftop installation of such equipment or its anchorage to a side of a building other than the front of the building shall be permitted, so long as anchorage of the same complies with the requirements of the building code relative to structures.

(2)

Dimensions. Such equipment shall not be erected to a height of more than 15 feet above the ground at the point of anchorage if ground-mounted nor more than 15 feet above the applicable building height limitation if roof-mounted or otherwise anchored to a building.

(3)

Screening and landscaping.

a.

Any ground-mounted satellite television antenna shall be screened by landscaping so as to obscure its visibility from the abutting properties' ground view and so as to prevent visibility from the street at a point five feet above grade level, except that no landscaping shall be required within the area in front of or to the rear of the antenna that would create reception interference or prevent a shift in the position of the antenna. In such instances, the required landscaping shall be placed so as to achieve the screening purposes of this subsection, but outside of the area within which the screening would create reception interference or prevent a shift in the position of the antenna.

Any ground-mounted amateur radio antenna and support structure, or any such antenna anchored to the side or rear of a building shall be enclosed by a fence secured by a locked gate, or be enclosed by other device, such as a manufacturer's anticlimb section, effectively inhibiting climbing or mounting, which fence or other device shall be of the maximum height permitted in the zoning district, for the purpose of preventing easy access thereto by children or by vandals.

b.

All rooftop antennas shall be located on the half of the roof toward the rear of the building and as close as possible to the center of the roof as measured from front to rear, unless it is necessary to deviate from the foregoing in order to achieve greater strength and safety of such antenna.

(4)

Number allowed. More than one satellite television antenna, more than one conventional television antenna, more than one dish antenna, and more than one amateur radio antenna may be allowed per single-family home, duplex, or multifamily building and multifamily apartment buildings of four stories or more, and commercial or industrial buildings may be allowed up to three satellite television antennas, up to three conventional television antennas, up to three dish antenna, and up to three amateur radio antennas; provided that in all instances the safety requirements of this code and the building code are met.

(5)

Anchorage. All satellite television antennas, conventional television antennas, dish antenna and amateur radio antennas shall be anchored securely to the ground or to a building's side or roof, or supported in conformance with the requirements of the building code relative to structures and in accordance with manufacturer's specifications.

(6)

Maintenance. Once installed, all antennas, antenna support structures and related appurtenances, if any, shall be maintained in good and operable condition. Surrounding screening and landscaping or fencing shall also be maintained in good condition.

(7)

Previously installed antennas. Any antenna which would otherwise be subject to the provisions of this section, but which was installed prior to January 6, 1986, may continue as a nonconforming use, provided that it is maintained in good and operable condition and further provided that any such antenna shall comply with the anchorage requirements of subsection (5) of this section.

(8)

Exceptions. Subsections (1) through (6) of this section do not apply in zoning districts C-2 and C-3 through C-6, except as to dish antenna and supporting structures in C-6 zoning districts and subject to section 48-198 as to the same.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

If approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, an amateur radio antenna and its antenna support structure, which together exceed 15 feet in height may be erected in residential and commercial districts, as an accessory use and accessory structure; provided, that all of the following conditions are met:

(1)

No such antenna shall be located in a front yard, but may be located only in a side yard or rear yard location, as shall be illustrated on a location plan for the antenna and its antenna support structure to be submitted to the board; provided, however, that for good cause shown, such antenna may extend over the front yard if its center or attachment to its transmission line is located in a side yard or rear yard location, as illustrated on such location plan.

(2)

The installation of the antenna and its antenna support structure shall be done only upon issuance of a building permit for the same following review by the department of licenses and inspection of detailed technical plans, to be submitted to the department by the applicant, concerning the design, strength, and method of installation of the antenna and support structure.

(3)

Any such installation shall meet or exceed the manufacturer's specifications for such antenna, its antenna support structure, footings and braces.

(4)

There shall be adherence to the side yard and rear yard requirements of the district in which the proposed antenna is to be located. No such antenna or antenna support structure, nor any part of the same, shall encroach on adjacent property or any part of the air space above such property, unless the current owner of such property shall have given his written consent to such encroachment.

(5)

If the proposed antenna is to be ground-mounted or anchored to the side or rear of a building, it shall be enclosed within a fence secured by a locked gate, or be enclosed by other device, such as a manufacturer's anticlimb section, effectively inhibiting climbing or mounting, which fence or other device shall be of the maximum height permitted in the zoning district, for the purpose of preventing easy access thereto by children or by vandals.

(6)

If the proposed antenna together with its antenna support structure will exceed 50 feet in height, the lot size dimensions of the proposed location shall be not less than two-thirds of the total proposed height in each direction from the base of the structure at ground-level.

(7)

Once installed, any such antenna and antenna support structure shall be maintained in good and operable condition so as to protect the safety of the public at all times.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)