Wilmington City Zoning Code

ARTICLE V

- COMMERCIAL DISTRICTS

Sec. 48-191. - C-1 districts.

(a)

Purpose. The C-1 district, neighborhood shopping, is designed to provide sites for convenient retail and personal service establishments for a small tributary area, with a minimum impact upon adjoining or surrounding residential development. Preferably, each portion of the district should be small and compact in area, but where extensive strip development has occurred as a result of earlier zoning the district has been expanded to include such development.

(b)

Uses, etc., generally. In any C-1 district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to off-street parking and loading requirements of article 48-477 of this chapter.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right; provided that not more than two amusement devices shall be located on the premises:

(1)

Any use permitted in R-4 districts under section 48-135(c).

(2)

The conversion of a three-story building housing two families for the use of more than two families; provided, that there is a lot area of not less than 1,000 square feet per family and each apartment or dwelling unit shall consist of not less than 600 square feet of livable floor area, excluding common halls and stairways.

(3)

Retail store or shop for the performance of personal services; provided, that:

No manufacturing, wholesaling or jobbing shall be carried on therein;

No merchandise shall be carried other than that intended to be sold at retail on the premises; and

Operations shall be limited to the hours between 6:00 a.m. and midnight.

(4)

Laundromat, with not more than 20 machines; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.

(5)

Office, bank or other financial institution; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.

(6)

Restaurant or lunchroom; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.

(7)

Automobile parking for occupants or customers of buildings permitted in the district, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(8)

Private garage, subject to the special provisions of section 48-477 of this chapter.

(9)

Public garage used for the parking of motor vehicles without repair or service facilities, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(10)

Private club or lodge not conducted primarily for gain; provided, that operations shall be limited to the hours between 6:00 a.m. and 12:00 midnight.

(11)

A sign other than a billboard, subject to compliance with the sign regulations of the city.

(12)

Municipal police station.

(13)

Consumer recycling collection centers, subject to being not less than 100 feet from the boundary of any residential zoning district and operating only between the hours of 7:00 a.m. and 9:00 p.m., daily.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Funeral home, subject to the special requirements of such a use in R-5-B districts under section 48-138(d)(2).

(2)

Gasoline service station, subject to the special provisions of section 48-478; provided, that:

It shall be located on a lot of not less than 8,000 square feet in area and with a lot depth of not less than 80 feet;

Any grease pits or hoists are contained within the area of the building;

In the judgment of the zoning board of adjustment it will satisfy a local need and its design and appearance will not injure the character of the neighborhood; and

Before taking final action on an application for such use, the zoning board of adjustment shall submit the application to the department of public works for review and report.

(3)

Operation between the hours of midnight and 6:00 a.m., or with more than two but less than five amusement game machines on the premises, of uses otherwise permitted under subsection (c) of this section; provided that:

The board finds that such operation is necessary for the convenience of the immediate neighborhood;

The board finds that such use will not injure the character of the immediate neighborhood or otherwise impact adversely upon it; and

The board finds that the location of amusement game machines will not interfere with ingress to and egress from the premises and that not less than 40 square feet of gross floor area has been allocated for each amusement game machine.

(4)

Group day care home as provided in section 48-131(d).

(5)

Bed and breakfast guest facility as provided in section 48-133(d).

(6)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

Accessory structures are similarly concealed or obscured from view; and

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(7)

The conversion of a three-story building housing one family for the use of more than one family; provided, that there is a lot area of not less than 1,000 square feet per family and each apartment or dwelling unit shall consist of not less than 600 square feet of livable floor area, excluding common halls and stairways. (See section 48-67).

(e)

Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted. Satellite television antennas, conventional television antennas, dish antenna and supporting structures, and amateur radio antennas, when operated for private noncommercial use, shall be permitted accessory uses subject to the provisions of article XI, division 4 of this chapter.

(Code 1968, § 48-21; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 10-041(sub 1), § 8, 10-7-10; Ord. No. 14-030, § 6, 8-21-14)

Sec. 48-192. - C-1-A districts.

(a)

Purpose. The C-1-A district, neighborhood commercial, is designed to provide sites for convenient retail and personal service establishments for a small tributary area, with a minimum impact upon adjoining residential development. Preferably, each portion of the district should be small and compact in area, but where extensive strip development has occurred as a result of earlier zoning, the district can include such development.

(b)

Uses, etc., generally. In any C-1-A district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended, or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-4 districts under section 48-135(c), with the exception of dormitories, sororities, fraternities or convalescent homes.

(2)

The conversion of a three-story building housing two families for the use of more than two families; provided, that there shall be a lot area of not less than 1,000 square feet per family and that each individual apartment or dwelling unit shall consist of not less than 600 square feet of livable floor area, excluding common halls and stairways.

(3)

Neighborhood retail store, or shop for the performance of personal services; except gasoline service stations, taprooms, bars, cafes, office or store for the care, keeping or grooming of animals, health and exercise facilities, or any operation to provide for automobile sales or services; provided that:

No manufacturing, wholesaling or jobbing shall be carried on therein;

No merchandise shall be carried other than that intended to be sold at retail on the premises;

Hours of operation shall be limited to between 6:30 a.m. and 9:00 p.m.;

The use or combination of uses occupy not more than 1,500 square feet of floor area on the ground floor. Not more than 2,500 square feet of total floor area shall be used for retail use or uses, if the ground floor and second story are both occupied for such uses; for purposes of this subsection, the total floor area devoted to such use or uses shall mean interior floor area as measured by and between interior walls;

No outdoor displays or sales of merchandise or services shall be permitted;

Illuminated signs shall be permitted only during the hours of operation;

No business shall be permitted to discharge offensive odors, fumes, smoke, glare, or noises which are audible beyond the property limits; and

Deliveries to any premises shall be made only during the hours of operation.

(4)

Office (except medical office uses with more than one practitioner), bank or other financial institution, excluding drive-through banking, provided that any automated teller system is located within the building and is accessible only during regular bank hours; provided that:

No outdoor displays or sales of merchandise or services shall be permitted;

Illuminated signs shall be permitted only during the hours of operation; and

Deliveries to any premises shall be made only during the hours of operation which shall be limited to between 6:30 a.m. and 9:00 p.m.

(5)

Automobile parking for occupants or customers of buildings permitted in the district, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(6)

Private garage subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(7)

Public garage used for the parking of motor vehicles without repair or service facilities subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(8)

A sign other than a billboard, subject to compliance with the sign regulations of the city.

(9)

(d)

(1)

Funeral home, subject to the special requirements of such a use in R-5-B districts under section 48-138(d)(2).

(2)

Laundromat, with not more than 20 machines; medical office use with more than one practitioner; private club or lodge not conducted primarily for gain; neighborhood retail store, or shop for the performance of personal services, of more than 1,500 square feet, but not to exceed 2,500 square feet of interior floor area devoted to such use; provided that:

Operations shall be limited to the hours between 6:30 a.m. and 9:00 p.m.;

In the judgment of the zoning board of adjustment, adequate and sufficient parking will be provided for the operation, in accordance with section 48-444;

In the judgment of the zoning board of adjustment, the operation will satisfy a local need and is necessary for the convenience of the immediate neighborhood; and

In the judgment of the zoning board of adjustment, the use and its design and appearance will not injure the character of the immediate neighborhood or otherwise impact adversely upon it, especially considering odors, fumes, smoke, glare and noise.

(3)

Restaurant or lunchroom; and retail food sales; provided that:

Operations shall be limited to the hours between 6:30 a.m. and 9:00 p.m.;

In the judgment of the zoning board of adjustment, adequate and sufficient parking will be provided for the operation, in accordance with section 48-444;

The use is limited to 1,500 square feet of interior floor area devoted to such use;

The purchase of alcoholic beverages without meals in restaurants and lunchrooms is prohibited;

No outdoor displays, sales of merchandise or services, or outdoor operation of use shall be permitted;

In the judgment of the zoning board of adjustment, such operation will satisfy a local need and is necessary for the convenience of the immediate neighborhood; and

In the judgment of the zoning board of adjustment, such use and its design and appearance will not injure the character of the immediate neighborhood or otherwise impact adversely upon it, especially considering odors, fumes, smoke, glare and noise.

(4)

Group day care home as provided in section 48-131(d).

(5)

Bed and breakfast guest facility as provided in section 48-133(d).

(6)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

Accessory structures are similarly concealed or obscured from view; and

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(7)

(e)

(Code 1968, § 48-21.1; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 10-041(sub 1), § 9, 10-7-10; Ord. No. 14-030, § 7, 8-21-14)

Sec. 48-193. - C-2 districts.

(a)

Purpose. The C-2 district, secondary business commercial centers, is designed to provide both shopping and business needs for large segments of the city outside of the central business area. It is, in general, located on main highways and includes secondary employment centers. Where feasible, it is laid out in sufficient depth to permit and encourage designed shopping centers.

(b)

Uses, etc., generally. In any C-2 district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.

(c)

Uses permitted as a matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-5-C districts under section 48-139(c) or in C-1 districts under section 48-191(c), but without regard to restrictions on hours of business specified for those districts and subject to the hours of operation contained in section 5-78 and except that bed and breakfast guests facilities shall be permitted subject only to the requirement that one parking space for every two guest rooms shall be provided; further provided, that all such uses shall at all times comply with all applicable city and state regulations.

(2)

Laundromat, without limit on number of machines.

(3)

Hotel.

(4)

Motel.

(5)

Telephone central office, including storage of materials or trucks, maintenance of repair facilities, or housing of repair crews.

(6)

Funeral home.

(7)

Place of business of a builder, carpenter, caterer, cleaner, contractor, decorator, dyer, dressmaker, electrician, furrier, mason, milliner, optician, painter, photographer, plumber, roofer, shoemaker, tinsmith, upholsterer, and similar nonnuisance businesses; provided, that power propelling units of not more than five horsepower are used for processing equipment or machinery.

(8)

Commercial parking lot, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter; provided however, that no new commercial surface parking lot shall be permitted in any part of the downtown design district, regardless of the zoning classification nor in any C-3 or C-4 zoning district. A property owner or agent for the owner, may appeal any denial of any such parking lot use, pursuant to the prohibition herein, to the zoning board of adjustment seeking a variance from the said prohibition.

(9)

Public garage, including repair or service facilities for motor vehicles, but not including paint or body shop, subject to the special provisions of section 48-478.

(10)

Used car lot.

(11)

Indoor theater.

(12)

Assembly hall.

(13)

Commercial recreation, such as bowling alleys, skating rinks, billiard and pool parlors, but not including amusement game machines, nor arcades.

(14)

Gasoline service station, subject to the special provisions of section 48-478; provided, that:

It shall be located on a lot of not less than 8,000 square feet in area and with a lot depth of not less than 80 feet;

Any grease pits or hoists are contained within the area of the buildings; and

It is in compliance with the provisions of section 5-78 of this Code.

(15)

All antenna uses, except freestanding towers, tower farms and monopoles; provided that, the height of the antenna does not exceed 15 feet from the point of mounting, regardless of antenna type, and such antenna shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(16)

A sign, other than a billboard, subject to compliance with the sign regulations of the city. No sign may be placed within 30 feet of any school, college or public park, plaza or dedicated open space, except any on-premises sign which faces the street.

(17)

Family day care homes, group day care homes and day care centers, not subject to the conditions as provided in section 48-131, but subject to the parking requirements in section 48-443.

(18)

Emergency shelters for the homeless; provided, that:

There shall be not less than 100 square feet of gross floor area per resident;

No emergency shelter for the homeless shall be located within 1,000 feet of any other emergency shelter for the homeless, except that the zoning board of adjustment may approve a location within a lesser such distance if the applicant has demonstrated that such location will not have any adverse effect on the character of the surrounding neighborhood;

There shall be not less than one parking space provided for each employee of the emergency shelter for the homeless computed on the basis of the estimated maximum number of employees present at any one time in the subject shelter except, that the zoning board of adjustment may approve a lesser requirement if the applicant has demonstrated that the proposed use will not generate sufficient parking demand to require the prescribed minimum; and

The shelter for the homeless shall be required to hold all state-required licenses, permits and approvals as may be applicable. In addition, each emergency shelter for the homeless shall obtain city licenses, permits and approvals as applicable and shall submit to the zoning administrator a copy of its management and physical facilities plan required to be submitted prior to issuance of a city license pursuant to chapter 5 of this Code and required to be reviewed by the review committee as set forth in section 5-105.

(19)

(d)

(1)

Public utility substation or regulator station; provided, that:

It shall conform with such setbacks, screening or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.

(2)

Mini-warehouses; provided that:

The applicant submits a specific development plan to the zoning board of adjustment setting forth the following minimum requirements:

A key or location map showing the site, surrounding zoning districts, surrounding land uses, streets and directions of traffic.

The project name, date, north direction, scale and boundaries adequately described.

Name and address of owner of record and the proposed operator of the mini-warehouse.

Name and address of the person who prepares the final development plan.

Location of all present and proposed buildings and the proposed use of each, including storage space configuration and the number of storage compartments on each level of each building.

Number and dimensions of all on-site parking spaces.

Location, width and direction of all roadways and driveways surrounding and within the proposed development and of internal ways for transportation of goods from parking to storage areas.

Location and type of trash collection and trash storage facilities.

Location of fences, security walls, screening walls, exterior lighting, and the design and materials to be used.

10.

Approval by the commissioner of public works of the proposed ingress and egress and the width of all driveways.

Off-street parking shall be provided in the following ratio:

One space for each employee.

One space for every 25 storage units, with adequate provision for transfer of goods from parking area to storage units.

The project shall meet all conditions regarding setbacks, screening, landscaping, lighting or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.

Mini-warehouse developments shall be limited to dead storage use only and no activity other than storage shall be permitted within a storage unit.

All storage on the property shall be within a completely enclosed building.

Each individual storage compartment shall be separated from the other storage compartments by walls of not less than one-half hour fire-resistant material.

No activities such as miscellaneous or garage sales shall be conducted on the premises.

The servicing or repair of motor vehicles, boats, trailers, lawnmowers, and other similar equipment shall not be conducted on the premises.

A mini-warehouse shall not be operated as a part of a transfer and storage business where the use of vehicles by the operator is part of such business.

The operator shall keep the premises free of trash and debris at all times.

Security fencing and screening or security walls shall be required around the perimeter of the project, such fence or wall to be not less than seven feet in height and constructed of finished masonry or durable metal protected from corrosion.

All lights shall be shielded to direct light onto the uses established and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.

All signs shall be subject to compliance with chapter 41.

All driveways, parking, loading and vehicle circulation areas shall be paved with concrete, asphalt or asphaltic concrete.

All operation and use of the facility shall be in accordance with all applicable codes and regulations.

The operator shall have an agent on the premises at all times when users have access to storage units to assure that the operation of the facility will be in conformance with these requirements and any conditions set by the zoning board of adjustment.

The operator shall be responsible for controlling access to the site and to individual storage units. The operator is also charged with the duty of requiring and determining that no material is stored in violation of any federal, state or local health, safety, including fire, or environmental regulation and the storage of hazardous material is specifically prohibited. Storage of materials rated no higher than "2" by the American Fire Protection Association as to health hazard, flammability, and susceptibility to release of energy shall be deemed to be prima facie evidence of compliance with this requirement.

(3)

Amusement game machines up to four in number on the premises of uses otherwise permitted under subsection (c)(13) of this section and subject to the conditions specified in section 48-191(d)(3).

(4)

Arcades; provided that:

In the judgment of the zoning board of adjustment it will satisfy a local need and its design and appearance will not injure the character of the neighborhood.

The board finds that not less than 40 square feet of gross floor area has been allocated for each amusement game machine.

The board finds that the number of amusement game machines shall not exceed five in premises of 2,000 square feet of gross floor area or less, nor exceed ten in premises of between 2,000 and 5,000 square feet, nor exceed the ratio of one amusement game machine per 750 square feet of gross floor area in premises of more than 5,000 square feet up to a maximum number of 15 amusement game machines in any one building.

The board finds that the arcade is not within 500 feet of any other arcade and is not within 500 feet of any residential district boundary (R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-B, and R-5-C districts), and is not within 500 feet of any preexisting church or school.

The board finds that at least one restroom facility each for male and female customers is provided expressly for customers only.

The hours of operation will be limited to 10:00 a.m. to 11:00 p.m. and will comply with the provisions of section 36-99.

The arcade shall be located in a room separated from other uses, if any, on the same premises and from pedestrian circulation to and from such other uses. The room shall be arranged so that there is a management attendant within the room or such that management attendants outside the room can easily see and supervise the interior of the room.

(5)

(e)

Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.

(Code 1968, § 48-22; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 97-066(sub 2), § 1, 1-8-98; Ord. No. 01-046(sub 1), § 1, 11-1-01; Ord. No. 05-050(sub 4), § 5, 7-13-06; Ord. No. 10-041(sub 1), § 10, 10-7-10; Ord. No. 14-030, § 8, 8-21-14)

Sec. 48-194. - C-2-A districts.

(a)

Purpose. The C-2-A district, secondary office and business centers, is designed to provide areas for low intensity and low density office and business uses that will function as self-contained employment and service centers. It is, in general, located in areas of the city that adjoin residential areas and/or sites which act as buffers between residential areas and incompatible adjoining uses, such as heavy manufacturing or general commercial districts, or major transportation corridors. The district is also appropriate for former manufacturing or institutional sites located within residential areas that are not suited to residential redevelopment or conversion. The permitted uses are defined narrowly so as not to permit uses which generate excessive delivery, customer vehicle, or pedestrian traffic, or have hours of operation which conflict with adjoining residential uses.

(b)

Uses, etc., generally. In any C-2-A district, no building or premises shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended, or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Detached or semidetached dwelling.

(2)

Retail store or shop for the performance of personal services, provided that no sales of food or beverages for either on- or off-premises consumption shall be permitted on the first or ground floor and further provided that no business shall operate between the hours of 11:00 p.m. and 5:00 a.m.

(3)

Office, bank, or financial institution excluding drive-through banking, provided that any automated teller system is located within the building and accessible only during regular bank hours.

(4)

Nonnuisance businesses as permitted in the C-2 zoning district under section 48-193(c)(7) subject to the requirements of subsection (e) of this section.

(5)

Public garage, including repair or service facilities for motor vehicles, but excluding auto body repair or painting and the sale or storage of gasoline or other bulk petroleum products, provided that:

Repair activities are conducted primarily within the building; and

That outside activities and storage meets the requirements of subsection (e) of this section.

(6)

Medical or dental laboratory.

(7)

Wholesale storage or a wholesale department, within a building, in conjunction with a retail establishment.

(8)

Family day care homes. Group day care homes and day care centers not subject to the conditions as provided in section 48-131(c) but subject to the parking requirements in section 48-443.

(9)

Bed and breakfast guest facility as provided in section 48-432(c).

(10)

(11)

Neighborhood police station.

(d)

(1)

Public utility substation or regulator station subject to the special requirements of section 48-131(d)(3).

(2)

Research and development facility, including limited scale manufacture of high value low volume products, provided that:

The applicant provides evidence that the facility will be so operated that there are no significant external environmental effects or risk of adverse environmental effects resulting from an accident or act of nature.

Power units of not more than five horsepower are used to propel equipment or machinery.

(3)

Auto body repair and painting or custom body work shop provided that it is at least 125 feet from a residential zoning district.

(4)

Bed and breakfast guest facility as provided in section 48-133(d).

(5)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

Accessory structures are similarly concealed or obscured from view; and

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(e)

Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted, provided that on-site storage of equipment, materials, inventory or other dry commodities for a period of more than 90 days in other than an enclosed building shall meet the following requirements:

(1)

It shall be screened so as not to be visible from the street or adjoining properties by a solid fence pursuant to section 48-475, or by a year-round completely opaque landscaping screen at least six feet high, but need not be opaque above that height.

(2)

Storage shall not be permitted between any structure and the frontage streets.

(3)

Stored material shall be organized in an orderly manner on permanent racks, pads or other structures.

(4)

Storage of any material, mineral, or substance in a manner that allows emission of fumes, dust, smoke, vapors, or other effects observable by the human senses is prohibited.

(5)

Storage of automobiles, heavy equipment, machinery, or any other material the primary value of which is limited to scrap, salvage, recycling, or spare parts, is prohibited.

(6)

Mixing or otherwise processing stored bulk materials such as sand, gravel, cement, and asphalt for use off-site is prohibited.

(7)

Any outside storage use in existence on June 8, 1984, shall conform with the provisions of subsections (1), (2), (3), and (4) of this subsection within 18 months of such date.

(8)

Any and all outdoor illumination shall be screened so as not to illuminate directly any nearby residential properties.

Satellite television antennas, conventional television antennas, dish antenna and supporting structures, and amateur radio antennas, when operated for private noncommercial use, shall be permitted accessory uses subject to the provisions of article XI, division 4 of this chapter.

(Code 1968, § 48-22.1; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 10-041(sub 1), § 11, 10-7-10)

Sec. 48-195. - C-3 districts.

(a)

Purpose. The C-3 district, central retail, is designed for that portion of the central business area which contains the main retail district, providing a wide variety of retail and display services and serving the whole city metropolitan area. While most of it is within a single compact area, it also includes some separate areas on the edges of the C-4 district.

(b)

Uses, etc., generally. In any C-3 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to the off-street parking and loading requirements of article X of this chapter.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in C-2 districts under section 48-193(c).

(2)

Wholesale storage or a wholesale department, within a building, incidental and secondary to a retail establishment.

(3)

Finishing, fitting, converting, fabricating, assembling and light manufacturing operations incidental and secondary to a retail store or service establishment; provided, that:

Such operation is not conducted on the ground floor within 25 feet of any street entrance or exit;

Not more than 15 pounds of steam pressure is employed; and

Units of not more than five horsepower are used for processing equipment or machinery.

(4)

Passenger terminal, rail or bus.

(5)

Newspaper office or printing plant.

(6)

(d)

Use permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this Code, subject to the conditions specified below in each case:

(1)

Public utility substation or regulator station; provided, that:

It shall conform with such setbacks, screening or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.

(2)

(e)

Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.

(Code 1968, § 48-23; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 14-030, § 9, 8-21-14)

Sec. 48-196. - C-4 districts.

(a)

Purpose. The C-4 district, central office, is designed to accommodate the downtown office district containing the civic center, large hotels, and the principal office buildings. It permits buildings of any height and the greatest density of building of any zoning district so as to make possible the concentrations necessary for the efficient handling of both public and private business.

(b)

Uses, etc., generally. In any C-4 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to off-street parking and loading requirements of article X of this chapter.

(c)

Uses permitted as matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in C-3 districts under subsection (c) of section 48-195 except the following:

Newspaper office or printing plant (see section 48-195(c)(5)).

Commercial recreation, such as bowling alleys, skating rinks, and billiard and pool parlors (see section 48-193(c)(13)).

Public garage with repair or service facilities (see section 48-193(c)(9)).

Used-car lot (see section 48-193(c)(10)).

Gasoline service station.

Billboard sign.

Arcade.

(d)

(1)

Public utility substation or regulator station; provided, that:

It shall conform with such setbacks, screening or other similar requirements as the zoning board of adjustment shall deem necessary for the protection of neighboring or adjacent property.

(2)

(e)

Accessory uses and buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.

(Code 1968, § 48-24; Ord. No. 14-030, § 10, 8-21-14)

Sec. 48-197. - C-5 districts.

(a)

Purpose. The C-5 district, heavy commercial, is designed to provide sites for large wholesale and storage establishments involving both storage in buildings and storage yards. It includes areas which draw heavy trucking traffic and is therefore located within easy access reach of main highways and with controls to minimize the effect on nearby residence districts.

(b)

Uses, etc., generally. In any C-5 district no building or premises shall be used and no building shall be erected or altered, except as elsewhere provided in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following subsections of this section, subject to off-street parking and loading requirements of article X of this chapter.

(c)

Uses permitted as a matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in C-3 districts under section 48-195(c).

(2)

Storage warehouses and storage yards, excluding lumber or bulk fuel storage.

(3)

Automobile laundry, with adequate space on the premises for the parking of cars awaiting service therein, but in all cases there shall be a reservoir space for at least 15 automobiles.

(4)

Automobile paint or body shop.

(5)

Carting, express, moving or hauling terminal or yard.

(6)

Commercial sports park or arena.

(7)

Public utility substation, pumping station or regulator station.

(8)

(9)

Freestanding towers and monopoles, subject to the conditions specified for such use under article XI, division 4 and any regulations promulgated in furtherance thereof.

(10)

Indoor commercial horticultural operation.

(11)

Marijuana cultivation facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(12)

Marijuana product manufacturing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(13)

Marijuana testing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(14)

Retail marijuana store, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(d)

(1)

Drive-in theater; provided, that:

No structure or parking area shall be within 25 feet of the boundary of any residence district;

There shall be a suitable enclosure to screen adjacent properties from the glare of headlights; and

The entrances and exits are laid out in compliance with the rules and regulations of the department of public works.

(2)

Amusement game machines, subject to the conditions specified for such use in C-1 districts under section 48-191(d)(3).

(3)

Arcade, subject to the conditions specified for such use in C-2 districts under section 48-193(d)(4).

(4)

(e)

Accessory uses and accessory buildings. Accessory uses and accessory buildings customarily incident to the uses otherwise authorized by this section are permitted.

(f)

Conditional uses. Subject to the conditions specified below, the following uses are permitted:

(1)

Adult entertainment establishments, provided that:

No such adult entertainment establishment shall be located within 500 feet of another existing adult entertainment establishment; distance shall be measured in a straight line from the nearest property line of such adult entertainment establishment to the nearest property line of any other adult entertainment establishment.

No such adult entertainment establishment shall be located within 500 feet of a preexisting church or a preexisting school which includes any grades one through 12; distance shall be measured in a straight line from the nearest property line of such adult entertainment establishment to the nearest property line of any such church or school.

No such adult entertainment establishment shall be located within 500 feet of any of the following zoning districts: 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; distance shall be measured in a straight line from the nearest property line of such adult entertainment establishment to the nearest boundary line of any such zoning district.

(2)

Billboards, subject to compliance with the sign regulations of the city, and provided:

Area. The maximum sign area for any billboard shall be 300 square feet per sign face or advertising message, except along interstate highways in which case the maximum sign area shall be 672 square feet per sign face or advertising message;

Sign face. No more than two sign faces or advertising messages shall be permitted on any sign support structure; provided, said faces or messages are not stacked or placed side-by-side but are back-to-back (it shall be considered back-to-back if the interior angle of adjoining sign faces is 30 degrees or less);

Spacing. Billboards shall not be permitted within 300 feet of any other billboard which is oriented to the same traffic flow and along the same side of the right-of-way, as measured along the street line from the nearest edges of the billboard. Along interstate highways Billboards shall not be permitted within 500 feet of any other billboard;

Setback.

Billboards shall be prohibited within 300 feet along the same side of the right of way of districts zoned for residential or open space use, designated city historic districts, and districts listed on the National Register of Historic Places, as measured along the street line from the nearest edge of the billboard to the zoning, district, or property boundary;

Billboards shall be prohibited within 30 feet of any school, college, public park, or plaza.

Prohibition. Billboards shall be prohibited in designated city historic districts and districts listed on the National Register of Historic Places.

(Code 1968, § 48-25; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 01-046(sub 1), § 1, 11-1-01; Ord. No. 10-041(sub 1), § 12, 10-7-10; Ord. No. 14-030, § 11, 8-21-14; Ord. No. 19-033, § 2, 7-11-19; Ord. No. 25-013(sub 1), § 3, 5-1-25)

Sec. 48-198. - C-6 districts.

(a)

Purpose. The C-6 district, special commercial, is designed to encourage intense and high quality commercial uses along boulevards and major arterial streets leading to and from Wilmington's downtown area. Special controls on height and bulk as provided in division 3 of this article are designed to provide a proper setting for the development of these commercial uses. Review and approval of all new buildings and uses by a design review and preservation commission is required.

(b)

Uses, etc., generally. In any C-6 district, no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed in the following paragraphs of this section, subject to the review and approval of the design review and preservation commission, and further subject to off-street parking and loading requirements of article X of this chapter, but in no case shall the powers of the design review and preservation commission be exercised until such time as standards for the review of buildings to be erected or altered in C-6 districts have been adopted by the design review and preservation commission and by city council, following which, such powers shall be exercised in accordance therewith.

(c)

Uses permitted as a matter of right. The following uses are permitted as a matter of right:

(1)

Any use permitted in R-5-C districts under section 48-139(c).

(2)

Retail store or shop for the performance of personal services; provided, that:

No manufacturing, wholesaling or jobbing shall be carried on therein;

No merchandise shall be carried other than that intended to be sold at retail on the premises; and

Such use is located within a building devoted to another principal permitted use.

Use shall be subject to the limitation on hours of operation contained in section 5-78 of this Code.

(3)

Office, bank or other financial institution.

(4)

Restaurant or lunch room; provided, that such use is located within a building devoted to another principal permitted use.

(5)

Automobile parking for occupants or customers of buildings permitted in the district, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(6)

Private garage, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(7)

Public garage and service facilities for motor vehicles, but not including paint or body shop, subject to the special provisions of section 48-478.

(8)

Private club or lodge not conducted primarily for gain.

(9)

Hotel or motel.

(10)

Telephone central office, but not including storage of materials or trucks, maintenance or repair facilities, or housing of repair crews.

(11)

Indoor theatre or assembly hall.

(12)

Commercial parking lot, subject to the special provisions of sections 48-477, 48-478 and article XI, division 3 of this chapter.

(13)

A sign, other than a billboard, subject to compliance with chapter 41 of this Code.

(14)

Emergency shelter for the homeless, subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18).

(15)

An antenna mounted at a minimum height of ten stories or 100 feet in height above ground level to a rooftop or appurtenant structure located on a building rooftop, such as a penthouse, chimney or mechanical equipment; provided that, such antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(d)

(1)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

Accessory structures are similarly concealed or obscured from view; and

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(2)

A facade mounted antenna on a tiered building; provided, that:

The antenna is proposed for mounting at a minimum height of ten stories or 100 feet in height above ground level;

The antenna is proposed for installation on the recessed facade of the upper stories; and

The antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(e)

Accessory uses and buildings. Accessory uses and buildings customarily incident to the uses otherwise authorized by this section are permitted.

(Code 1968, § 48-25.1; Ord. No. 93-033(sub 1), § 1, 11-4-93; Ord. No. 05-050(sub 4), § 6, 7-13-06; Ord. No. 10-041(sub 1), § 13, 10-7-10)

Sec. 48-211. - Height.

(a)

Generally. Except as specified in the following subsections of this section, the height of a building or structure hereafter erected or altered in respect to height in a commercial district shall not exceed that given in the following table:

District	Height in Stories	Height in Feet
C-1 and C-1-A	3	47
C-2	15	180
C-2-A	None prescribed	None prescribed
C-3	15	180
C-4	None prescribed	None prescribed
C-5	4	55
C-6	None prescribed	None prescribed

(b)

Exceptions—Generally. The height of a building or structure as specified in subsection (a) of this section may be exceeded in the following instances:

(1)

A public school, any other public building, a parochial school, church, private club or lodge, hospital or charitable institution may be erected to a height of four stories or 60 feet in a C-1 district; provided, in each case, that it shall be distant not less than five feet from any party lot line.

(2)

A dome, spire, cupola, belfry, chimney or pinnacle serving as an architectural embellishment may be erected in any district to a height in excess of that authorized in subsection (a) and subsection (b)(1) of this section for the district in which it is located; provided, that the aggregate area of the bases of all such structure does not exceed 25 percent of the ground floor area of the building.

(3)

A scenery loft, roof bulkhead, stair or elevator enclosure, structure housing air-conditioning equipment or machinery, or one-level roof garden may be erected in any district to a height in excess of that authorized in subsection (a) and subsection (b)(1) of this section; provided, that the aggregate horizontal projected area thereof does not exceed 40 percent of the ground floor area of the building.

(4)

In any district, the provisions of this section do not apply to flagstaffs, radio or television towers, water tanks or towers or hose towers.

(5)

Any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code.

(c)

Same—Special provisions applicable to C-4 districts. In any C-4 district, except as herein specified, no building or structure with a height in excess of twice the width of the street on which it fronts shall have a height at the street line greater than twice such street width; it may, however, be erected to a greater height; provided, that no part of any wall shall extend above a sloping line starting at the point of the maximum permitted height at the street line and setting back one foot for each additional six feet in height. In the case of a corner lot and for this purpose only, all streets shall be considered to be of the same width as the widest of the streets to which the lot extends, within a distance of 150 feet measured along the street line from the point of intersection of any such street with any such wider street and within the same district.

(Code 1968, § 48-26; Ord. No. 04-082(sub 1), § 2, 12-9-04)

Sec. 48-212. - Floor area ratios.

The maximum permitted floor area ratio in a commercial district shall be as given in the following table:

District and Use	Floor Area Ratio
C-1 and C-1-A: All uses	1.5
C-2: All uses	5.0
C-2-A: All uses	1.0
C-3: All uses	6.0
C-4: All uses	20.0
C-5: All uses	3.0
C-6: All uses	10.0

;hn0; (Code 1968, § 48-27; Ord. No. 18-033, § 2, 7-12-18)

Sec. 48-213. - Building setback lines.

(a)

C-1 and C-1-A districts. Any building erected in a C-1 or C-1-A district shall be set back from any street line a minimum distance of ten feet, except as provided in section 48-473 and as set forth in this subsection:

(1)

Uncovered steps or a one-story open porch may project not more than eight feet beyond the building setback line.

(2)

The provisions of this subsection shall not apply to any fence or railing which is less than one-fourth solid or less than six feet high above the ground.

(b)

C-2, C-3, C-4 and C-5 districts generally. No setbacks, other than one required under subsection (c) of this section, shall be required in a C-2, C-3, C-4, or C-5 district; except, that in a C-2 district, if existing buildings within 100 feet of the side lot lines of the lot in question and within the same block front, and within the same or a more restrictive zoning district, are set back from the street line, a proposed building shall be set back from the street line a distance equal to the average setback of such existing buildings, but in no case need it be set back more than 15 feet, with the same exceptions as are provided in C-1 districts under subsection (a) of this section.

(c)

Special provisions applicable to C-4 districts. In a C-4 district a building erected to a height exceeding twice the width of the street on which it fronts, or in the case of a corner lot the widest of the streets on which it fronts, shall set back above such height so as not to project beyond the sloping line established under section 48-211(c).

(d)

C-6 districts. Any building or structure hereafter erected in a C-6 district shall be set back from any street line a minimum distance of ten feet.

(e)

Commercial districts. In commercial districts, no fire escape shall be permitted to be located on, along, or attached to any side of any building that faces the right-of-way along any street line; provided, however, that a fire escape may be so located and face the right-of-way along a street line if such placement has been determined to be necessary for use by the occupants of the building or structure in an emergency and has been specifically approved for the same by the commissioner of licenses and inspections.

(f)

Downtown design district. Within the downtown design district, existing average setback of any building shall be maintained, except that in the absence of an existing average building setback, a building setback of not more than ten feet shall be maintained unless a greater building setback is approved by the zoning board of adjustment.

(Code 1968, § 48-28; Ord. No. 97-066(sub 2), § 1, 1-8-98)

Sec. 48-214. - Rear yards.

(a)

Generally. Except as specified in the following subsections of this section, a rear yard shall be provided on every lot in a commercial district, the minimum depth of which shall be as prescribed in the following table:

District and Use		Minimum Depth of Rear Yard at Any Level, Except Where Specified
C-1 and C-1-A: All uses		20 feet.
C-2:
	Residential uses	4 inches per foot of vertical distance from the average level of the finished grade along the rear wall of the building to the highest point of the main roof, but in no case less than 15 feet.
	Other uses	15 feet for a height up to 45 feet above the average level of the finished grade along the rear wall of the building, and increasing 4 inches in depth for each additional foot of height above that level
C-3, C-4:
	Residential uses	15 feet for a height up to 35 feet above the average level of the finished grade along the rear wall of the building, and increasing 4 inches in depth for each additional foot of height above that level
	Other uses	10 feet for a height up to 35 feet above the average level of the finished grade along the rear wall of the building, and increasing 3 inches in depth for each additional foot above that level
C-5: All uses		15 feet
C-6: All uses		None required

(b)

Exceptions—C-2, C-3, C-4 and C-6 districts. In a C-2, C-3, C-4 or C-6 district, no rear yard shall be required on a corner lot or within 60 feet of any front street line; except, that in the case of a residential or institutional building on a corner lot, a rear yard not less than ten feet in depth is required.

(c)

Same—Through Lots. In the case of a through lot in any commercial district, no rear yard is required, but each street frontage shall be subject to the building setback line required under section 48-213 for the district in which it is located.

(d)

Exceptions—C-5 districts, when rear lot line coincides with the boundary of a residence district. When a rear lot line coincides with the boundary of a residence district, the rear yard shall include a five-foot wide landscape buffer along such lot line. For expansion of an existing building on such property, the rear yard shall include a landscape buffer along the rear lot line in the area of the expansion. The landscape buffer shall be planted with groundcover, trees, shrubs or evergreens to produce a complete visual screen at least six feet high, to be maintained by the C-5 property owner.

(Code 1968, § 48-29; Ord. No. 02-021, § 1, 6-6-02)

Sec. 48-215. - Side yards.

(a)

Generally. Except as provided in the following subsections of this section, no side yard shall be required for any lot in a commercial district, except when required by section 602 of the building code of the city.

(b)

Certain buildings on lots adjoining residence districts. In the case of a building more than three stories in height on a lot adjoining a residence district, a side yard shall be required along the side lot line coinciding with the district boundary, such side yard to have a minimum width of one-fourth of the height of the nearest outside wall of the building measured from the average level of the finished grade along such wall, but not less than eight feet.

(c)

Minimum width when provided but not required. If a side yard is provided where not required, it shall be not less than four feet wide.

(d)

Exceptions—C-5 districts, when side lot line coincides with the boundary of a residence district. For new construction or the expansion of an existing building on a property where a side line coincides with the boundary of a residence district, the side yard along such lot line shall have a minimum width of eight feet. In the case of a building more than three stories or 30 feet in height, the side yard along such lot line shall have a minimum width of ten feet. No structure, manufacturing or processing activity, access drives, parking or storage of materials shall be permitted in such side yard.

(e)

Exceptions—C-5 districts, when side lot line coincides with the boundary of a residence district. When a side lot line coincides with the boundary of a residence district, the side yard shall include a five-foot wide landscape buffer along such lot line. For expansion of an existing building on such property, the side yard shall include a landscape buffer along the side lot line in the area of the expansion. The landscape buffer shall be planted with groundcover, trees, shrubs or evergreens to produce a complete visual screen at least six feet high to be maintained by the C-5 property owner.

(Code 1968, § 48-30; Ord. No. 02-021, § 1, 6-6-02)

Sec. 48-216. - Courts.

(a)

Generally. Except as specified in the following subsections of this section, whenever any room in which one or more persons live, sleep, work or congregate cannot be adequately lighted or ventilated from the street, a front yard, a side yard, or a rear yard, an open space in the form of a court shall be provided.

(b)

Mechanically ventilated rooms. In the case of a mechanically ventilated room in which one or more persons work or persons congregate, the provisions of this section do not apply.

(c)

Compliance with building code. A required court shall comply with all the provisions of section 518 of the building code of the city.

(Code 1968, § 48-31)

Sec. 48-217. - Ground floor level transparent windows ("transparency").

(a)

C-3 and C-4 district requirements. For new construction only, in C-3, and C-4 zoning districts, not less than 50 percent of the building frontage facing any public street on the ground floor level shall consist of transparent windows. The requirements hereof shall not be applicable to parking garages unless habitable space is included and incorporated in the first floor design of the parking garage. Ornamental grille work or similar treatments may be incorporated and used in lieu of glass or other transparent materials on facades of parking garages subject to the provisions of this section. For purposes of this section and this chapter of the city code, "transparency" shall mean that the exterior facades of any building abutting a sidewalk in the downtown design district shall have at least 50 percent transparent material for each facade between the heights of two feet and ten feet above the walkway grade. "Transparency" means open or enclosed by clear and non-reflecting glass or other material that provides pedestrians on adjacent sidewalks an unobstructed view extending at least five feet into the interior of the building.

(Ord. No. 97-066(sub 2), § 1, 1-8-98)