Zoning code update, New Castle County, Delaware

[From the U.S. Government Printing Office, www.gpo.gov]

ZONIN6--CODE UPDATE - PHASE I I
NEW CASTLE COUNTY, DELAWARE

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PREPARED FOR:

Department of Planning
OFFICE OF THE DIRECTOR
2701 CAPITOL TRAIL
NEWARK, DELAWARE 19711
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BY:

DACP Associates
SM 1316 ARCH STREET
PHILADELPHIA, PENNSYLVANIA 19107
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0 G CODE UPDATE - PHASE !I

NEW CASTLE COUNTY, DELAWARE

OCTOBER 1982

PREPARED FOR:
-J0 THE NEW CASTLE COUNTY DEPARTMENT OF PLANNING

UNDER CONTRACT WITH
THE STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES
AND ENVIRONMENTAL CONTROL

CONTRACT NUMBER: 6014-01

CONSULTANTS TO THE DEPARTMENT OF PLANNING:
DACP Associates

1316 ARCH STREET
PHILADELPHIA, PENNSYLVANIA 19107

US Department of Commerce
&, Coastal Services Center LibrarY
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2234 SOuth HObso
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TABLE OF CONTENTS

CHAPTER 1 RESIDENTIAL DISTRICTS

1 Introduction
2. Traditional Residential unit Types
3. Non-Traditional and New Residential Unit Types 1- 3
4. Special Uses in Residential Districts 1- 5
5. Recent Design and Site Planning Techniques 1- 5
6. Encouraging Site Planning Flexibility 1- 7
7. New Castle County Code - Residential Districts 1- 8
8. Residential Provisions of other Communities' Codes 1-13
9. Recommendations 1-15
Appendix 1-A-2 to 1-A-17

CHAPTER2 C-1, C-2 AND. C-3 THE COMMERCIAL DISTRICTS

1. Introduction 2- 1
2. Comparative Evaluation of Permitted Uses 2- 5
3. Bulk and Area Requirements 2-10
4. Revising the Commercial Districts 2-14
Appendix 2-A-1 to 2-A-4

CHAPTER 3 INDUSTRIAL LAND USE CLASSIFICATIONS

1. Introduction 3- 1
2. A New Approach 3- 1
3. Current County Practice 3- 2
4. Industrial Districts 3- 3
5. Possible@ Code Improvements 3- 9

CHAPTER 4 BOARD OF ADJUSTMENT

1* Introduction 4- 1
2. Activity of the Board of Adjustment 4- 1
3. Temporary Uses 4- 4
4. Standards and Definitions 4- 5
5. Procedures 4- 6
6. District Boundary Lots; Transitional Uses 4- 7
7. Special Exceptions (Special Permits) 4- 9
8. Structure of Fees for Zoning Applications 4-10
9. Caseload of the Board of Adjustment 4-12
Appendix 4-A-1 to 4-A-15

CHAPTER 5 OFFICE AND RESEARCH DISTRICTS

1. Introduction 5- 1
2. The Current 0-1 and 0-2 Regulations 5- 1
3. Development Issues 5- 2
4. Recommendations for Code Change 5- 5

CHAPTER 6 OFF-STREET PARKING REQUIREMENTS AND DESIGN

1, introduction 6- 1
2. New Castle County Code Requirements 6- 2
3. Providing for smaller Cars 6- 4
4. Shopping Centers 6-10
5, Setbacks Screening and Landscaping 6-10
6. Recommendations for Code Change 6-12

CHAPTER 7 AMENDING THE ZONING REGULATIONS AND ZONING MAP

1. Introduction 7- 1
2. Innovative Techniques and Recent Trends in Rezoning 7- 2
3. New Castle County's Zoning Map Amendment Process 7- 5
4. Potential Measures to Speed the Rezoning Process 7-10
5. Text Amendment Procedures 7-13
Appendix 7-A-1 to 7-A-9

CHAPTER 8 SITE PLANS FOR COMPREHENSIVE RESIDENTIAL DEVELOPMENTS

1. Introduction 8- 1
2. Analysis 8- 2
3. Conclusions and Recommendation 8- 4

CHAPTER I

Residential Districts

1. Introduction

The largest districts, including most areas of undeveloped land and agricultural
land, are zoned for residential development. Typically, areas which have not
yet experienced development and are not identified on a comprehensive plan for
specific types of development are zoned for single-family residential use and/or
agricultural use.

The.major purposes in reviewing the residential districts of the New Castle Code
are to increase flexibility of these districts, to improve site planning goals,
to reflect newer residential unit types, and to clarify the structure of the
Code sections.

Trends in residential development in recent years have included a move away from
the large single-family detached home, the building of more attached "row"
units, more units with common walls in general, condominium ownership in
multi-family projects, clustering of structures, and a variety of homeownership
associations and management systems for treatment of areas maintained in common.

The trends in residential development have come about as a result of demographic
and economic changes which have had a profound effect on the housing industry
and the capability of the American household to afford housing. Housing has
become more expensive, due to rising construction, labor, energy, and commuting
costs and increases in the cost of borrowing money. Households have become
smaller on the average, due to deferred marriage and childbearing. One- and
two-person households are more common. As a result, the housing industry has
looked toward "downsizing" residential units, attached units, condomiuiums, and
clustering to continue to serve the housing needs of the public.

2. Traditional Residential Unit Types
Single-Family Detached

The single-family detached home on an ample lot in a nice residential
neighborhood is still the dream for most young Americans raising families.
Single-family home subdivisions remain the most common form of residential
development in suburban and urban fringe locations. Single-family detached
homes come in a wide variety of sizes on lots of varying size. The size of the
lots and the size of the structures tend to have a direct relationship to each
other and to expense, as larger lots tend to be developed with larger structures
and more expensive homes. Single-family detached homes serve primarily the
middle- and upper-income family in today's housing market, and tend to be
located in areas where auto ownership is essential.

Two-family

Two-family homes are common in most of the older urbanized areas of the U.S.,
and continue to be constructed in newly developing areas around the cities. The
advantages of a two-family home for a homeowner are reduced costs. There may be
income f rom a rental unit and in most cases savings on utilities and

construction costs due to the two units being located under the same roof
Two-family homes have been developed for decades in two styles: side-by-side or
"twin", and up-and-down or "duplex". These two styles are depicted in Figure 1.
below.

Figure 1. Two common styles of Two-Family Houses

"Twin" "Duplex"
(Side-by-Side) (Up and Down)

Some of the problems associated with two-family homes, which make them less
popular than single-family homes, include coordination of maintenance, the
possible need to share a driveway with occupants of another dwelling unit, noise
between units, and the higher potential that the property will not be
owner-occupied. Another variant of the two-family structure is the
1. sem i- detached" house, a "twin" house with a fire-wall in the center, defining a
common lot line and sold as two separate properties. This type of two-family
house eliminates to a large degree the problems of investor-ownership and noise
between units.

Row Houses

Row houses or townhouses are a mixture of single-family and multi-family
occupancy in the sense that several dwelling units are located under the "same"
continuous roof, but each row house unit provides its own entry, and may have
its own front and rear yard. End units may also have a side yard. Row houses
can be developed as either rental units, sometimes more than one unit per house,
or as owner-occupied units. A design problem with row houses is the provision
of parking; unless an alley network is developed, parking must be developed as
pads in the f ront yard or in garages occupying much of the width of the ground
floor of the unit. These solutions to providing parking for townhouses are not
aesthetically pleasing, and also consume much of the street frontage or rear
yard. The street frontage would otherwise be available for on-street parking,
in curb cuts for the driveways or parking pads.

Row houses, like two-family houses, may have common wall noise as a problem when
the walls are not thick enough to prevent noise penetration. Noise penetration
is usually minimized if 8" or 10" block is used in party wall construction.
Both these unit types generally occupy smaller land area and are usually built
with smaller floor areas than single-family detached houses. As a result they
are more often affordable for middle-income families. Row houses provide
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ownership potential for an income group that may not be able to afford
homeownership in a freestanding single-family home.

Garden Apartments

Garden apartments are multi-family structures of a low-rise configuration,
generally only two or three stories high, with common open landscaped areas
around and between buildings and common parking lots. Almost Always constructed
for rental purposes, they tend to attract singles, childless couples, and "empty
nesters" rather than families with children. Common sizes for garden apartment
buildings are from four to twelve units per structure, and most are located in
garden apartment developments where several buildings are constructed at the
same time. Most such developments provide laundry facilities in the building;
some provide recreational facilities such as swimming pools, tennis courts,
playgrounds, or tot-lots for the residents of the apartments. Group parking
lots consume large site areas in these developments.

High-Rise Apartments

High-rise or elevator apartments are a relatively new type of housing in
suburban and small town areas. In cities they have been common since the advent
of the elevator. Dwelling units developed in elevator apartments are apt to be
smaller than in garden apartments, (residents with children are less common),
and the units are less apt to provide private open spaces except for terraces or
balconies. The major advantages of high-rise apartments are elevated views,
economies of scale, and relative security and privacy. The size of such
buildings can bring enough residential units to justify small shopping
facilities such as convenience groceries, drug stores, beauty or barber shops,
dry cleaning and laundry pick-ups, and delicatessens. Such facilities may be
located on the ground floor of the residential building or in adjacent
structures. The scale of the buildings may also allow for a doorman or security
person and full-time management and maintenance.

3. Non-Traditional and New Residential Unit Types

Group Residences

A number of types of group residences have existed in America for some time,
particularly among some religious sects and groups whose cultures favored the
extended family living together. Such groups as the Quakers and the Amish have
attempted and succeeded in living communally for both religious and economic
purposes. More recently group residences have become common in many communities
as transitional residences for persons re-entering the community from prisons,
mental institutions, drug and alcohol treatment facilities, and for mentally
retarded persons requiring minimum supervision. Often called "halfway houses"
or "transitional service facilities", such group homes often can be integrated
with other types of residences. However, many people object to these group
homes being placed in traditional family neighborhoods, and the treatment of
group homes in a zoning ordinance can be a very sensitive issue.

Mother/Daughter Residences

An outgrowth of the expense of housing in recent years and a return to the
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importance of family ties is the mother/daughter residence. Such a dwelling
unit type has a family-sized unit and a smaller unit for a single person. The
units are generally located in the same building; such residential types are
differentiated from two-family units both by the unequal size of the dwellings
in the house and by the direct family relationship between the occupants. A
similar concept is the "elder cottage" located on the same lot, generally to the
rear of the family residence, and occupied by a grandparent or grandparents who
have separate kitchen and bath facilities. Both mother/daughter residences and
elder cottages are often compatible with single-family residendes, as they share
the quality of familial relationship. Smaller lot subdivisions, 15,000 sq. ft.
or less, may be too confined to permit this type of development. The size of
the extended family on the lot and the number of automobiles in use may not
differ much from a family with grandparents or a grown child living in the same
unit.

Accessory Apartments

Particularly attractive to "empty nesters" or retirees who have difficulty
maintaining the costs of their single-family home, accessory apartments are
small residential units, typically converted from a garage or unfinished attic,
which provide inexpensive housing for one occupant while assisting the owners in
maintaining their home.

Conversions of Large Older Homes

The New Castle County Code already permits conversion of large homes over 20
years old upon granting of a Special Exception by the Zoning Board of
Adjustment. Many codes, particularly in areas where heating costs are high,
permit the conversions as of right in the codes upon specific written
conditions. The criteria used for measuring whether conversions should be
permitted include total floor area of structure and minimum square footage per
unit type (studio, I-bedroom, 2-bedroom, and larger). Off-street parking is
required on the lot for each unit. Some codes require higher amounts of open
space and larger floor areas for apartments in converted houses than are
required for new construction and to compensate for the need to redesign the
structure for use by more than one family.

Condominium Residential Ownership

Beginning in the 19701s, a major trend in residential marketing evolved from the
concept of condominium ownership, both in newly constructed buildings and in
conversion of existing multi-family ownership. Condominiums offer a form of
ownership whereby an individual unit owner has fee simple to the interior of
his/her unit, and is solely responsible for its upkeep, while being a member of
a homeowner's association which has title to common elements such as hallways,
roof, lobby, entrances, parking and open space areas. Details of which elements
are owned by individuals and which are owned by the association vary with
building type. Condominium owners are obliged to pay a common areas maintenance
fee, monthly or yearly, in addition to costs associated with purchase and upkeep
on their individual unit. Condominium conversion of existing multi-family
structures has been a volatile issue in many communities with rental housing in
high demand. most states and many local municipalities experiencing high demand
for condominium conversion passed legislation to control the volume of such
conversions and/or the speed with which it could take place in existing rental
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Zero-Lot-Line Design

A technique utilized in recent years to add to the flexibility of siting
single-family homes is zero-lot-line placement of structures. This practice has
the effect of eliminating one yard space entirely, most typically a side yard,
thereby creating a more useable yard size on the opposite side of the house.
The use of zero-lot-line houses is particularly desirable for creation of
moderately priced houses on small lots, creating a planned development in the 5
to 8 units per acre range. The design of structures may be restricted by
prohibiting openings on the side of the structure which abuts the lot line; the
house may then open up to its yard on two or three sides. often, such houses
are designed with private courts screened from the lot line.

4. Special Uses in Residential Districts

A number of uses which are not purely residential in character have
traditionally been developed in residential areas. Among these are
institutional uses such as nursing homes, hospitals, schools, and colleges, and
governmental and public uses such as libraries, art museums, police and fire
stations, and utility substations and transformers. Most of these uses are
permitted as of right in the New Castle Code. Many other municipalities subject
such uses to Special Permit hearings, Site Plan Approval, or approval by the
Director of Planning based upon certain conditions. Non-traditional halfway
houses and group homes, and other "transitional facilities" are also usually
appropriate within residential districts. These are most frequently dealt with
by Special Permit requirements.

5. Recent Design and Site Planning Techniques

Residential Clusters

The concept of clustering residential units, whether single-family houses,
attached units, or low-rise apartments, may be applied to small scale as well as
large scale residential developments. Presently, New Castle County has a number
of large cluster developments. The basic concept is to vary the density and
spacing between units and buildings internally in the development, while
maintaining setbacks at the perimeter of the site and overall density
requirements similar to the traditional developments adjacent in the same zoning
district.

Clustering may have major advantages of saving areas within the development for
open space, retaining topographically and environmentally sensitive areas in
their natural state, and providing the opportunity for considerable development
cost savings in the provision of roads and utility lines. Sites containing
particularly important natural features such as lakes, streams, wooded areas,
and geologically interesting areas such as cliffs or rock outcroppings may then
be developed at the overall density allowed by the zoning district, retaining
the special features in their natural state. Achieving these benefits depends
upon careful site planning. Residents of the development all have access to the
natural areas, recreational open space, and any community facilities which may
be included in common areas. Such open areas and common facilities are most
typically maintained by a homeowner's association, but in some instances may be
deeded, to the municipality, particularly if they are to serve more than the
population of the development area.

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A pair of example site plans has been drawn for the theoretical development of
24 single family homes at R-2 district density (2 houses per acre). The site
plans are shown in Figures 2A and 2B below.

Figure 2A shows the 12-acre site developed with 1/2 acre lots fronting a
horseshoe- shaped public street, with, typical front yard setbacks. Figure 2B
shows 50 percent of the site as common open space, allowing for development of a
pond, bike paths, and tennis courts. The houses are situated on 1/4 acre lots
around two private cul-de-sacs. Front yard setbacks are reduced to 20 feet.
The length of utility lines running into the cul-de-sacs and into individual
houses is greatly reduced in the cluster design. Also, the amount of paving,
both in the streets and in driveways is reduced, saving costs and lessening the
need for stormwater drainage. Access to the open space is via rights-of-way
along commori side property lines.

In the cluster development, the savings in costs of utilities, paving and
drainage to the developer may result in investment in common facilities such as
those shown. In addition, the open space can be mapped so as to retain special
natural features such as ponds, groups of trees, or steep slopes which would
otherwise require extensive regrading.

Figure 2A. Conventional

on 12 acre site.
Development, 24 houses

Figure 2B. Cluster
Development, 24 houses
on 6 acres, 6 acres'of
common open space.
FIN
F-0 S& Q IV (tie,

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Density Bonuses

One method of gaining lands or facilities which will serve the public and/or
enhance the quality of development is to allow den'sity bonuses for the provision
of desired amenities. Such amenities may include covered parking, extra
andscaping, lands set aside for public use, extra -parking facilities, or
recreational facilities. Specific planning goals should be formulated for
i

definition of amenities which could be subject to bonuses in various districts
or within various parts of the County. Then, additional' units or other
advantages may be permitted in exchange for provision of the amenities sought
by the County. It is important to exchange any bonus for identified amenities,
as developers will tend to seek the bonuses by the least costly method.

Mixed Use Residential Development

Many newer, larger scale developments, have incorporated neighborhood
commercial, recreational, and community facilities within the residential tract
being developed. This may have the advantages of more controlled use of
facilities and the avoidance of poor quality "afterthought" commercial
development, attendant traffic problems, and possible unsightliness. Some codes
allow certain types of commercial uses designed to serve only the residents of
a development, typically larger developments at lower densitites or multi-family
projects, as of right in the code. New Castle has already begun to address this
issue in its DPUD section. other codes permit such development within
residential districts upon approval of a conditional use permit or special
exception.

6. Encouraging Site Planning Flexibility

As almost all new single-family units, both detached and attached, require
subdivision approval, it is within the staff review and Subdivision Advisory
Committee review process that consideration of cost-saving and newer site
planning techniques for subdivisiion may most effectively be accomplished. In
this process, the staff of the Department of Planning has considerable input and
authority. Individual staff members participating in subdivision review should
familiarize themselves with the most current site development techniques. Many
new techniques have been emerging in the sunbelt and western states. Planning
and housing journals have featured a number of articles about new site
development techniques, adjustments to codes to facilitate such techniques, and
public acceptance and reaction to newer housing site features. Several of these
articles are referenced at the conclusion of this chapter.

As the submission and approval of a subdivision plan already requires a
considerable amount of information and lengthy processing, it is highly
desirable to eliminate the need for additional processing time and expense
associated with variances of the Zoning Code by tailoring residential district
regulations to accomodate new development schemes without variances. Cluster
developments which respect the overall density of the residential district,
zero-lot-line developments, and other new site planning proposals which respect
the basic density and character of a single-family district should be encouraged
through appropriate language in the Zoning Code.

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7. New Castle Code - Residential Districts

The Residential Districts in the Code commence with a typical appr6ach by
denying all other uses except those listed. There are some twenty-seven uses
listed for the R-1 Districts, which include principal uses, accessory uses, and
five Special Exception uses. The Code permits as of right many institutional,
public service, recreational, and service uses. Some of these are clearly
related to residential use and others are not. The R-2 District adds one new
category of permitted uses (accessory structures related to agricultural uses),
one conditional permit use (mobile dwelling unit), and f if teen 'special exception
uses. The R-3-SD District adds semi-detached dwellings (twins) as a permitted
use; the R-3 District permits garden apartments (but not semi-detached
dwellings) and community garages, and moves some of the Special Exception Uses
in the R-1 and R-2 Districts (specifically hospitals and sanitariums) into the
permitted use category. The R-4 District permits two-family dwellings and
multi-family dwellings in both garden apartment and taller buildings, and
describes lot coverage, lot size, open space, maximum units per acre, and
distance between buildings for apartment developments.

Area and bulk requirements for all Residential districts except the R-4
Districts are included in a separate section of the Code. This section was
reviewed in Phase I of this study. The R-4 District differs from the other
residential districts in describing development plan/subdivision plan submission
as a preliminary step.

The Residential districts are not titled, nor do they have purpose statements.
District names, identifying the major principal use first permitted in the
district, would be helpful. There is no summary chart for the residential
districts (or for all the districts) showing a list of permitted, specially
permitted, or conditional uses.

A number. of issues arose in our review of the residential districts; further
detail on each of these issues is included in the recommendations following the
quoted section of the New Castle Code. Concerns noted by district, are as
follows:

1) R-1 DISTRICT.

"(2) The taking of nontransient borders or roomers by a family resident on
the premises; provided, that there is no display or advertising on the
premises in connection with such use; and provided, that there are not more
than five boarders or roomers in any one dwelling unit."

o Five boarders or roomers, in addition to a resident family, may create a
use out of character with a single-family district. It is also unusual to
permit roomers or boarders in a rented residence. Potential abuse of this
provision could cause neighborhood problems in some instances. (Boarding
and rooming houses are otherwise first permitted in the R-4 District.)

"(6) Library, museum and art gallery."

o Art galleries included in R-1 districts should not include commercial art
galleries. Addition of the adjective "public" would clarify the intent of
this permitted use.

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(9) Professional office or studio of a physician, dentist, lawyer,
al,rchitect, engineer, musician, artist, teacher, real estate broker,
registered nurse or other similar professional person, subject to the
following special requirements in addition to all other applicable
requirements of this chapter for the residential district in which such
uses are located:

(a) The practice of such professional occupations shall be permitted
in a dwelling provided the principal person so engaged is a
resident thereof.

(b) Professional occupations shall be subject to the following
standards:

1. Three off-street parking spaces in addition to those otherwise
required in this chapter.

2. No more than two persons, except a resident, shall be employed
by the practitioner of the professional occupation to provide
secretarial, clerical, technical or similar assistance.

3. The area used for the practice of a professional shall occupy
no more than twenty-five percent of the total floor area.

4. No manufacturing, repairing or other mechanical work shall be
performed outside the dwelling unit. When such activity is
conducted inside the dwelling, it shall be conducted in such a way
that no noise, heat, glare, odor, vibration, electro-magnetic
interference or smoke shall be perceptible at or beyond the
property line.

5. No storage of materials or products outside the dwelling unit
shall be permitted unless completely housed.

6. The profession shall be clearly incidental to the residential
use of the dwelling unit and shall not change the essential
residential character of the dwelling.

7. No external alterations inconsistent with the residential use
of the dwelling unit shall be permitted.

8. No display of products shall be visible from outside the
building.

(10) Customary home occupations subject to the following special
requirements in addition to all other applicable requirements of this
chapter for the residential district in which such cases are located:

(a) The practice of a home occupation shall be permitted in a dwelling
provided the person so engaged is a resident thereof.

(b) All home occupations shall be subject to the following standards:

o The difference between the uses indicated in "Professional office or

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studio..." and "Customary home occupations", where no specific occupations
are listed, is not clear. It would appear that these two use categories
could be merged into one. The list of required conditions of
"Professional occupations" is identical to the home occupations conditions
except that it adds an off-street parking requirement and limits the
number of persons not residing in the dwelling that can be employed. The
Code could also effectively require submission of floor plans in
conjunction with the 25% limitation for the home occupation, however, this
may be onerous.

(26) Service uses incidental to a residential use, including the use of a
t"elephone for business purposes, subject to the following special
requirements:

(a) A business telephone to accept calls for service work at another
location, in addition to keeping records.

(b) No external evidence or on-site advertising of the use being
conducted, including display advertising on service vehicles.

(d) Property owner or operator of the service business does not store
materials or equipment in or around his residence, either in the
residence or in storage buildings on the property.

o Service uses and business telephones also seem to be a part of the
concerns covered in "professional office or studio..." and "customary home
occupations", and might logically be melded into the home occupation
conditions.

(14) Sewage treatment plants, sewage pumping stations and sewers.

o Sewage treatment plants, which might have a considerable effect on
adjacent residences, are a permitted use, while electric, gas, and
telephone stations and offices, which may also have effects on adjacent
residences, are subject to special exception hearings. This inconsistency
may reflect the need to locate sewage facilities without extensive public
debate.

(18) Riding stable, accessory to a residential use; provided, that all
buildings and facilities related to the care of horses or ponies are located
at least three hundred feet from any property line."

o Riding stables, accessory to residences, must be over 300 feet from the
property line. As mentioned in the Board of Adjustment section of this
report,, this distance requirement appears to be excessive. A lower
requirement, perhaps 100 feet, is more reasonable in relation to the size
of most lots where horse riding might be accommodated.

o Special exception uses are numbers (7), (13), (15), (16), and (17) in the
list of uses in this district. They should be grouped and given a
heading, apart from the permitted use list.

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2) R-2 District

o one of the main purposes of this district, farming and agricultural use,
is not mentioned anywhere in the district regulations. While it is
included by reference in that such uses are permitted in R-1, specific
mention of this use, both in a district title, and in the reference to
R-1, would be helpful.

o The bulk of the regulations of this district is the list of Special
Exception uses. Defining the purpose of special e)@ception uses and
hearings, as suggested in the Board of Adjustment chapter of this report,
would strengthen the district's controls.

3) R-3 Districts

o The R-3-G district, which is intended for townhouse and row house
development, follows the R-4 district, which is intended for multi-family
development. It would be more logical to locate it af ter the R-3-SD
district and before the R-3 (garden apartments) district, in heirarchy of
per acre density and structure type.

(b) when an application is made to the Department of Development and
Licensing for a certificate of occupancy for a garden apartment in
an R-3 district, there shall be filed as part of such application a
subdivision plan showing the general plan of buildings and
indicating provision for parking space, interior roadways, drainage
and recreation. This shall be referred to the Department of
Planning for review and report on matters under their jurisdiction
in control of subdivision. Approval, with or without amendment, by
the Department of Planning shall be a prerequisite to further
action thereon. Such subdivision plans, subject to such amendment
thereof as may be recommended by the Department of Planning, shall
be part of the provisions of issuance of a certificate of occupancy
by the Department of development and licensing."

o This paragraph need not describe the information to be included on the
subdivision plan, but should refer the reader to the proper section of the
subdivision regulations. It could then be abbreviated to approximately
1/3 its current length.

"(5) Hospitals or sanitariums, other than those for contagious diseases or
for the care of epileptic, drug or alcoholic patients; charitable
institutions which are not of a correctional nature and which are not
intended for the care of insane or feeble-minded patients; provided,
that no building so used shall be within fifty feet of any lot line;
and further provided, that adequate parking space shall be provided
in accordance with the requirements of article IX of this chapter,
such space to be so located as not to be less than ten feet from any
lot line and to have a weatherproof surface."

(6) Hospitals for contagious diseases, correctional institutions,
sanitariums or hospitals treating epileptic, drug or alcoholic
patients and asylums for the mentally ill; if a special exception is
granted by the Board of Adjustment, as provided in section 23-85; and

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provided, that no building so used shall be within two hundred feet
of any lot line ; and further provided, that adequate parking space
shall be provided in accordance with the requirements of article IX
of this chapter, such space to be located as not to be less than ten
feet from any lot line and to have a weatherproof surface.

o The parking requirements of article IX apply to all uses in the Zoning
Code, and the references made to parking facilities under Sections 23-26
(5) and (6) above need only state the distance that such parking should be
from lot lines.

o The lot size minimum, lot coverage, distance between building groups, and
open area requirements of the R-3-G District, Sections 23-28 (2) (b), (c),
(d), and (e), would more logically be located in the Bulk and Area
Regulations section of the Code, if construction parallel to other
residential districts is desired.

4) R-4 District

o It is interesting to note that the first time a two-family residence is
permitted is in a multi-family district. A number of two-family types
where the units are unequal in size, offering a large unit for the owner
and a smaller unit for a relative or rental purposes are described in the
earlier section on residential unit types.

o As in the R-3-G District, the bulk and area regulations described in the
R-4 District could be located in the Bulk and Area portion of the Code if
parallel construction is desired.

"(6) Office or studio of a physician, dentist, lawyer, architect,
engineer, musician, artist, teacher, real estate broker, registered
nurse or other similar professional person."

o Permitted use (6) in the R-4 District is a list of office uses, which are
compatible with the district. However, the wording does not include any
locational restrictions, implying that such uses could be constructed in a
separate building on a separate lot in the R-4 District. It is not clear
if this is the intention but we would recommend that this be changed to
require that the offices be on the first floor only of apartment
buildings.

5) All Residence Districts

o Aside from mention of parking facilities and garages in some of the
districts, no list or definition of accessory uses is described. Such a
list should include storage buildings, limit their size and location
relative to lot lines, (exclusion from f ront yards is desirable). Other
normal accessory uses for residences include child's playhouses, tennis
courts, swimming pools and bath-houses, guest houses or servants quarters,
fuel tanks for propane (in rear yards), and boat or travel trailer
storage. Solar equipment should be on the list of permitted accessory
uses, as recommended in the Phase I report and satellite antenna "dishes"
should not be permitted in the front yard. Once defined in, the accessory
use list need not be repeated in subsequent residential districts.
1-12

8. Residential Provisions of Other Communities' Codes

Township of Pittsgrove, Salem County, New Jersey
Pittsgrove's Land Development Ordinance has a section listing justification and
intent for each zoning district, followed by a chart of area and bulk
regulations, and then a schedule of district regulations in chart form, with
permitted uses on the left and conditional uses on the right. Permitted uses
for each zoning district are divided into principal uses and accessory uses.
The format of this code is very easy to reference, and many of the uses listed
either as permitted or conditional refer back to specific discussions of that
use under a later section called "General Standards". Thus, the name of the use
only appears in the chart, first, and later the exact description of the use and
conditions for its approval are described in detail.

The Pittsgrove Ordinance also has a very interesting section allowing for a
Cluster Development option, for developments with a minimum of 30 to 40 lots in
different single-family residential districts. The provisions call for open
space to be established for a minimum of 25% of the gross acreage of the tracts
so developed, that the open space be contiguous and concentrated as much as
possible, and that there be a homeowner's association to maintain this open
space. This section is reproduced in its entirety at the conclusion of this
chapter as a reference. Also reproduced are two pages of the chart of uses
permitted as an example of a very useful display format.

Northampton Township, Bucks County, Pennsylvania
The Northampton Zoning Ordinance of 1977 lists six goals for the regulation of
all residential districts at the beginning of the Residential Districts section
Each of the three districts is organized as follows:

1. Use Regulations
a) By Right
b) Conditional Uses
c) Accessory Uses
d) Uses by Special Exception
2. Area and Development Regulations
a) Residential Uses
b) All other Permitted Uses
3. Off-Street Parking Requirements

There is also an "AR" Agricultural-Residential District, similar to the R-2
District in New Castle County, which has the intent of preserving prime
agricultural land.

Town of Hempstead, New York
This Code includes a detailed Cluster Residence Districts section, with a
minimum size of ten acres for developments of this type. Maximum density
permitted is four dwelling units per gross acre and eight units per net acre.
The district. permits single-family detached residences, townhouses up to 8
houses per structure, and home occupations for professional offices.

Hempstead has a Golden Age Residence District for Housing Authority-owned and
Section 8, H.U.D.-approved sites for multi-family buildings designed especially
for senior citizens. In the seven regular residential districts, sand pits and
quarries are prohibited, and the height, area, and yard requirements, accessory

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buildings and fences, and density of population provisions are included after
the uses permitted in each district.

City of Rochester, New York
Rochester's residential districts are organized with the following headings:

A. Purpose
B. Permitted Uses
C. Accessory Uses and Structures
D* Home Occupations
E. Temporary Uses
F. Special Permit Uses
G. Bulk, Space and Yard Requirements
H. Parking Requirements
I. Signs

The regulations for Accessory Uses, Home Occupations, Temporary Uses, Bulk,
Space and Yard Requirements, Parking Requirements, and Signs are set forth in
separate sections of the Code, and reference to those sections is made in each
of the residential districts. There is a separate section on Special Permit
uses and procedures, with uses that are specially permitted in all districts
described there, while uses specially permitted in only one district are
described in the district regulations. Special permit applications are heard by
the City Planning Commission.

Town of Oyster Bay, New York
Oyster Bay's use list includes the mother/daughter residence upon approval by
the Zoning Board of Appeals, beginning in the A Residence District. Permitted
uses, specially permitted uses, and uses requiring site plan approval by the
town board are listed together in lengthy lists as in the New Castle Code.
There is a separate "Housing Authority and Senior Citizen's (S-1) Zone.

Kent County, Maryland
Kent County has five residential districts, but three of these are grouped
together in Section 2., R.R., R-1, and R-2, Single-family Residential Districts.
The other two districts are R Rural District, and R-3 Multiple- f a.mily
Residential District. In each of the three sections, the headings are as
follows:

1. Purpose of the District
2. Permitted Uses
3. Permitted Accessory Uses
4. Permitted Signs
5. Height, Area, and Bulk Requirements
6. Reference to Additional Regulations

The height, area, and bulk requirements are set forth in a Table at the end of
the zoning districts. Other regulations referred to are off-street parking,
off-street loading, regulations for large-scale developments, conditional uses,
supplementary height, area, and bulk regulations, and Board of Appeals,
exceptions and variances.

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Summary

Most of the zoning codes reviewed have clear' headings dividing permitted uses,
specially permitted uses, and accessory uses permitted in each district or a
chart identifying these groupings and referencing specific sections of the code
where requirements are listed in detail. Almost all of the codes contain a
specific, single home occupations provision; some permit home occupations as of
right, while others require special hearings and approval by the zoning board or
the legislative body.

Cluster development options are present in about half the ordinances. In the
towns of Pittsgrove, New Jersey and Hempstead, New York, cluster residential
development is handled by rezoning an entire tract of land; in Rochester, New
York, cluster development can be done on a smaller amount of land by Special
Permit.

The codes include a variety of ways to reference bulk and area requirements.
Some codes include these regulations within each district, some present a
separate section and/or chart for all the zoning districts, some do so for all
the residential districts.

9. Recommendations

A. Recommendation for Clarity and Conciseness.

(1) District Names. Descriptive labels for each district, indicating the
primary residential use first described and permitted in that residential
district, should be used. For simplicity, it is recommended that names
similar to those utilized on the zoning district maps be adopted as part of
the text of the Zoning Code. (This recommendation applies to all districts,
not only residential.) Names on the maps for R-Districts are as follows
(paraphrased):

R-1 Single-family Residence District
R-2 Agricultural and Residence District
R-3-SD Single-family Semi-detached Residence District
R-3-G Townhouse Residence District
R-3 Garden Apartment Residence District
R-4 Multi-family Residence District

(2) Heirarchy of Districts

Residential districts should be presented in the order of their intensity
and density per acre (by highest permitted level of development). Thus, the
R-3-G (Townhouse) District should be placed in front of the R-3 Garden
Apartment District in the Code, in that it allows as a maximum development
row house or townhouse units, which, while attached, are primarily
single-family units, and are less intensely developed in units per acre than
garden apartment units. The heirarchy of the districts should be as shown
in the list in Recommendation (1) above.

(3) A chart indicating the uses permitted, specially permitted, and conditional
uses in each residential district should be developed and included in the
Code as a quick reference for developers, staff, and the public. An outline

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or model for such a chart is shown in Table 1.

(4) The use list for each residential district should be divided into permitted
uses, special permit uses, conditional uses, and accessory uses, with
headings for each category.

TABLE 1. Sample Chart for Residential Uses in New Castle county

DISTRICT
R- i R-2 R-3-SD R-3-G R-3 R-4
P C S P C S P C S P C S P C S P C S

Single Family x x x x x x
detached I . I
Semi-detached x x
Rowhouses x
Conversion of x x
1-family
Garden Apartments
x
2-family Residence
High-Rise Apartments
Boarding or Rooming
House
Churches & Temples x x x x x x
Schools & Colleges x x x x
x x
Police & Fire x x x x x x
Stations
Libraries & Museums IX x x x x x
Agriculture ix x x x x x
Professional Home x x x x x x
Occupation I I -
Customary Home x x x x x
Occupation
Home'Service X x x x x
Business
Dormitories x
Offices
Public Park, Play- x
x x x x x
ground I
Water Towers, !X x x x x
-Reservoir I
Sewage Treatment x x x x x x
Plant
Electric/Gas x x x x x x
Substaffon
Telephone Central x x x x x x
Office
Country Club/Golf Course, x x x x x x
Day CaLre/Nursery Sch ol x x x x x x
Nursing Home/Rest Ho:e x x
Swimming Pool/Club x x
Public Forest/Garre x x x X x x
Preserve
Utility Lines ix x x x x x
Rights-of-way x x x X x x
Petroleum Storage x x x x x x
(Accessory) . x x x x x x
Temporary Building x x X x x x
Accessory uses & x
Buildings X x
Accessory Riding Stable x x x x x x

KEY: P = Permitted Use
C = Conditional Use (or conditions attached)
S = Speci@ll Permit (Special Exceptionl Ilse

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B. Recommendations for Flexibility and Site Planning Goals

(1) A Cluster Development option, similar in intent to that of the Pittsgrove,
New Jersey Code, should be introduced in the Code for the smaller-lot
single-family districts (R-1-B, R-l-CC, R-l-C and R-2) and the semi-detached
and townhouse districts (R-3-SD, R-3-G), allowing the development of
zero-lot-line structures, cluster development (reduced lot size for
individually owned units, with common open spaces for recreational,
ecological and topographic conservation purposes, maintained by a mandated
homeowner's association), and similar concepts for developments of 10 acres
or more, at gross densities within the limits of each district. The
optional development approach should be reviewed by the Subdivision Advisory
Committee and require approval of the Department of Planning prior to
application for permits and issuance of certificates by the Department of
Development and Licensing.

(2) Mother/daughter residences, "granny flats", "elder cottages", and other
arrangements for extended family use on a single lot where the additional
dwelling unit would be clearly secondary in size and purpose to the
principal single-family use should be included as a Special Permit (Special
Exception) use in the single-family districts with lot sizes of 10,000 sq.,
ft. or more. The use of trailer homes should be avoided.
(3) Density bonuses for provision of desired amenities should be considered.
Among the amenities for which bonuses could be granted are:

1. Provision of publicly accessible open space.
2. Retention of natural amenities such as streams, ponds, wetlands,
rock outcroppings, woodlands, and wildlife breeding areas.
3. Provision of covered parking.
4. Addition of large scale plant material.
5. Community facilities such as meeting rooms, recreational facilities,
space for offices of non-profit groups.
6. Provision of low- and moderate-income housing units.

(4) A review of all non-residential uses and accessory uses which are permitted
as of right in the residential districts should be undertaken. The purpose
of this review would be to consider whether each use might best be treated
as a Special Permit (Special Exception) use, or whether specific conditions
as to the placement, design, screening, or hours of operation should be
added to the Code to assure compatibility with adjacent residences.

References

Cost-Effective Site Plannin by Land Design/Research Inc. for the National
Association of House Builders, Washington, D.C., 1976.

Residential Develo2ment Handbook, Urban Land Institute, Washington, D.C., 1978.

"Single-Family Housing Conversions: A Strategy for Increasing the Housing
Supply", Edward Connelly, Journal of Housin , National Association of Housing
and Redevelopment Officials, March/April 1982.

"Why Granny Flats Are a Good Idea", Patrick H. Hare, Plannin magazine, American
Planning Association, Chicago, Illinois, February 1982.

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"Zero Lot Lines Can Trim Housing Costs", Welford Sanders, Plannin magazine,
I April 1982.
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1

ARTICLE III - SUPPLE14PNTRY DISTRICT REGULATIONS

section 3.7 Clus@ar Development Option
The purpose of this Section is to permit a more flexible pattern of development in
tho Low Density Residential (LR2) district, the Agricultural-Residential (AR) district,
and the Rural Reoidential (RR) district. The zoning districts are only appropriate for
vignificant development if the prevailing natural resources and environmental character-
i0ticr. are carefully considered. An application for cluster development shall be re-
viowed in accordance with the subdivision review procedures and design standards as
Woll as the standards listed in this Section.

A. Parcel Size. The minimum parcel size to be considered for cluster development
chall result in the creation of not less than thirty (30) building lots in the
LR2 district and in the A-R district and not less than forty lots in the RR
district.

B. Density. The maximum number of lots per gross acre for any cluster development
chdll be 1.1 in the LR district and .9 in the A-R district, and .5 in the RR
district.

C. Lot requirements
1. The lot area, dimensional, and yard requirements for cluster developments
are reduced as shown on the Schedule of District Regulations.

2. Whenever a lot in a cluster development abuts a lot outside a cluster de-
velopment, the conventional yard requirement for the zoning district shall
be maintained so as to provide an abutting yard of the same size.

D. Buildable lots. In addition to the requirements of the subdivision ordinance,
an application for cluster development must demonstrate the adequacy of on-lot
water.-nupply and sewage disposal facilities to the County Board of Health,
Township Planning Board, Township Engineer, and the Soil Conservation District
particularly dtiring the wet season. A percolation test shall be provided in
the cleneral location of each proposed disposal system. When necessary, common
opon space areas may be utilized to help support adequate on-site sewage dis-
posal facilities for an-adjaccnt lot.
SAMPLE CLUSTER ORDINANCE
1-A-1

n space areas. The open space areas conserved by clustering --hall meet
following requirements:
1. Open space equal to not less than 25% of the gross acreage of tile tract
shall be set aside for conservation, open space, and recreation purposes.
Land utilized for buffer strips shall not be included in the above open
space requirement calculation.

2. Open space areas shall be contiguous and, whenever possible, should be
concentrated in one portion of the tract.

3. Areas adjacent to lakes, natural streams, and other important natural
festures shall be devoted to open space at least within fifty (50) feet of
the natural feature.

4. Whenever possible, open space areas of.adjacent cluster developments
shall be linked.

5. At least fifty percent (50%) of the required open.space shall be located
outside of waterbodies, floodplains, wetlands, or steep slopes and shall be
deemed suitable for recreation purposes by the Planning Board. Fully im-
proved acti@e recreation areas shall at a minimum be provided in this area
at the ration of three hundred (300) square feet per dwelling unit including
one or more of thefollowing recreational facilities: swimming pools, tennis
courts, basketball courts, pavilions, or indoor recreation clubs or facilitie:
The use of facilities other than those listed to meet the active recreation
facility requirement shall only be permitted with the approval of the Plannin,
Board. The remaining useable-open space shall be devoted to playfields,
playgrounds, golf courses and other land intensive recreational purposes.

G. The remaining portion of the required open space shall be permanently
devoted to parks, woodland conservation areas, wildlife refuges, walkways
or bikeways, bridal paths, watershed protection areas, or flood control
areas.

7. Open space shall be dedicated by deed and shall be used for private
recreation purposes as approved by the Planning Board.

G. Open space buildings and facilities shall be located a minimum of fifty
(50) feet from any adjoining lot, in or outside the cluster development and
screening, landscaping, or other buffering measures may be required.

9. Provisions made within any cluster development for open space and rec-
reational areas shall be reviewed, found adequate, and approved by the
Planning Board, In its review, the Planning Board shall consider the size
and configuration of parcels devoted to open space and recreational areas,
their location within the project, the topography, the uses contemplated
upon such open space and recreation areas, facilities and improvements to
be provided, the provisions made for mai-ntenance and access, the environ-
mental impacts of open space development, and the staging or timing of the
open space area and recreational facility development. The provisions shall
be deemed adequate if the Planning Board determines that:

a. Portions of the open space and recreational area are readily
accessible to all residential dwelling units..

b. The uses beiruj designated for open space and recreation areas are
1-A-2

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reasonably related to @in(] approj)riat(@ and sufficient Lo Ineet the needs
of the I)rojc'ct's resident:@ for a variety of uses appealing to all
socioeconomic levels and a(je groups.

C. The uses being designated for open space and recreational areas
will be functional upon the arrival of a sufficient number of residents
who will use them.

d. The topography of the land is suitable for the uses contemplated
and the uses will not be detrimental to the ecology of the area.

e. The restrictions, covenants, or other legal.,devices designed to pre-
serve and to confine open space and recreational areas for the uses
initially proposed are adequate. Any procedure to allow changes in the
uses provided over time must be approved by the Planning Board.

10. While nothing herein contained shall be deemed to require that as a
condition of cluster development project approval, a developer must dedicate
or make available common open space for public use, the Township may, at
any time and from time to time, accept the dedication of land or any interest
therein for public use and acceptance.

11. The developer shall provide for an organization for the ownership and
maintenance of the common open space for the benefits of owners or residents
of the development. Such association shall be in accordance with the
following standards:

a. The method and organizational structure for ownership and management
of the open space shall be clearly set forth at the time of application
and be subject to the approval of the Planning Board and the Township
Solicitor.

b. Membership in any created homeowners association by all residents
of the development shall be mandatory. Such required membership in any
created homeowners association and the responsibilities upon the members
shall be in writing between the association and the individual in the
form of a covenant with each member agreeing to his liability for-his
pro rata share of the association's costs and providing that the Town-
ship shall be a party beneficiary to such covenant to enforce its pro-
visions. When the ownership of the land is transferred from the land-
owner to the homeowner association, the land shall be free and clear of
all encumbrances other than those imposed under the conditions of.pre-
liminary approval.

c. Such association shall not be dissolved and shall not dispose of any
open space or recreational area by sale or otherwise except to an organ-
ization conceived and established to own and maintain open space and
recreational area for the benefit of such development, and thereafter
such organization shall not be dissolved or dispose of any of its open
space or recreational area without first offering to dedicate the same
to the Township or other public agency designated by the Township.

A
d. The homeowners association shall be responsible for liability in-
surance, local taxes, and maintenance of land and any facilities that
may be erected on any land deeded to the homeowners association and
shall hold the Township harmless from any liability. I-A-3

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e . The landowner or developer shall I)e requirod to make full di,,;-
closure of the details of any propo@,ed liomeowners association designated
to own and maintain open space and recreational areas within a cluster
development project, includinq presentation and explanation of all
articles of incorporation, bylaws, deeds of trust, restrictions and
covenants which relate to the organization's operations prior to pre-
liminary approval.

f. The applicant or developer shall submit such information as will
permit the Planning Board to make detailed findings concerning the
ability of the association to adequately perform the function for which
it is designed. On the basis of this information submitted by the
applicant or developer, the Planning Board shall determine whether or
not the provisions made for the following are adequate:

(1) Time when association is to be created in relation to the
project's development timetable.

(2) Mandatory or automatic nature of membership in the organ-
ization by a resident and his/her successor (s).

(3) Permanence of open space and recreational area safeguards.

(4) Liability of organization for insurance, taxes, and main-
tenance of all facilities.

(5) Provisions made for pro rata sharing of costs and assessments

(6) Capacity of the organization to administer common facilities
and preserve the benefits of the open space and recreational area.

(7) The restrictions, covenants and other devices establishing
automatic membership in the association and the responsibilities
of that membership.

g. In the event that the association or organization established
to own and maintain open space and recreational areas, or any successor
organization, shall at'any time after the establishment of the cluster
development fail to maintain the open space and recreational areas in
reasonable order and condition in accordance with the approved plan,
the Township or its duly appointed officer may serve written notice
upon such association or upon the residents and owners of the cluster
development, setting forth the manner in which the association has
failed to maintain the open space and recreational area in reasonable
condition, and said notice shall include a demand that such de-
ficiencies of maintenance be cured within thirty-five (35) days tke'reof
and shall state the date and place of a hearing thereon, which shall-'be
held within fifteen (15) days of the notice. At such hearing, the
Township Committee or its officer may modify the terms of the original
notice as to the deficiencies and may give an extension of time, not
to exceed sixty-five (65) days.

(1) If the deficiencies set forth in the original notice or in
the modification thereof shall not be cured within said thirty-
five (35) days or any' extension thereof, the municipality, in
order to preserve the open space and recreational area may enter
upon said open @pacc recreational area and maintain the same for

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a period of o ne (1) yelir. Said entry and 1111iintenance --,hall
not vent in the puJ)1ic any rights to use the open --pace and
recreational area except when the same if voluntarily dedicated
to the public by the residents -and owners.

,(2) Before expiration of said year, the Township shall, upon
its initiative or upon the request of the association or organ-
ization theretofore responsible for the maintenance of the open
space and recreational area, call a public hearing upon fifteen
(15) day's written notice to such association or organization
and to the residents and owners of the cluster development project,
to be held by the Township Committee, at which hearing such
association or organization and the residents and owners of the
cluster development project shall show cause why such maintenance
by the Township shall not, at the election of the Township, con-
tinue for a succeeding year..

(3) If the Township Committee shall determine such association
or organization is ready and able to maintain said open space
and recreational area in reasonable condition, the Township shall
cease to maintain said open space and recreational area at the
end of said year. If the Township Committee is not ready and
able to maintain said open space and recreational area in a
reasonable condition, the Township may, in its discretion, con-
tinue to maintain said open space and recreational area during
the next succeeding year, subject to a similar hearing and de-
termination each year thereafter. The decision of the Township
Committee in such case shall constitute a final administrative
decision subject to judicial review.

(4) The cost of such maintenance by the Township shall be
accessed pro rata against the properties within the cluster
development project that have a right of enjoyment of the open
space and recreational areas, in accordance with assessed value
at the time of imposition of the lien, and shall become a lien
and tax on said properties and be added to and be a part of the
taxes to be levied and assessed thereon, and shall be enforced
and collected with interest by the same officers and in the
same manner as other taxes.

F. Environmenta-l Design Considerations

1. Every effort shall be made to either preserve the landscape
in its natural state or to improve existing site conditions in
keeping with adjacent areas.

2. The cluster development application shall provide adequate
landscaped buffer areas to screen the development from existing
roads and from adjacent properties.

3. Whenever possible, excessive cut or fill should be avoided,
floodplains respected and, where necessary incorporation in the
design of erosion control measures including terracing, stilling
ponds, surface water retention measures or, grassed slopes and
swales. if major changes are necessary in the contour of the land,
a grading plan shall be -submitted to the Planning Board. 1-A-5

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4. qlie orientation and sitinq of the buildiricl lot@-, takc. into account Ule
uni(]ue charactcrir;tics of the site and sec@-. to create a desirable focal Point, pre-
serve natural views, utilize natural buffers or micro-climatic factors, and respect
the established character of the @;urroundinq area.

Planning Board findings. Prior to the approval of a cluster development application,
the Planning Board shall find the following facts and conclusions:

I. That departures by the proposed development from zaning regulations otherwise
applicable to the subject property conform to the zoning.ordinance;

2. That the proposals for maintenance and conservation of the common open space are
reliable and the amount, location, and purpose of the common open space are adequate;

3. That provision through the physical design of the proposed development for public
services, control over vehicular and pedestrian traffic and the amenities of light
and air, recreation and visual enjoyment are adequate.

4. That the proposed cluster development will not have an adverse impact upon the are
in which it is proposed to be established.

5. In the case of a proposed development which contemplates construction over a peric
of years, that the terms and conditions intended to protect the interests of the publ
and of the proposed development in the total completion of the development are adequa

Section 3.8 Flood Hazard Areas
The specific purpose and intent of this section is to prevent excessive and unsafe
development in areas de 'emed unfit by reason of flood danger, to prevent unsanitary con-
ditions and related hazards, to minimize danger to public health by protecting water
supplies, recharge areas and the natural drainage system; and to promote the health,
safety and welfare of the residents of Pittsgrove Township and property owners in or near
streams or areas subject to flooding.

A. -Floodplain designation. There are hereby designated within the Township of Pitts-
grove flooaplain areas comprised of those sections'of the Township which are shown
on the Map designated as the Pittsgrove Township floodplain map which is hereby
made a part of this Ordinance.
1. Map filing. For purpose of defining the application of the Floodplain area
map to any specific area, the maps, data and other source natural utilized to es-
tablish define, and designate floodplain areas shall be kept on file in the Town-
ship Engineers office and shall he proof of the intended limits of the floodplain
areas.
2. Floodway. Within the flood lain area' sig-
p s described above, there are hereby de
nated floodways as defined in this Ordinance.

3. Amendment.* Any changes in the floodplain map may be recommended by the Town-
ship Engineer based upon a proper survey and upstream drainage calculations or as
a result of an acceptable engineering delineation by an outside agency. The Town-
ship Committee may consider these recommendations for proper enactment as an
amendment of this Ordinance.

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mmmmmm@m =mom W"immo

USE REGULATIONS

ZONE PERMITTED USES CONDITIONAL USES

A A. Principal Uses
1. Principal Uses Permitted by right in "CONS" 1. Any use permitted as a C
district district
2. General purpose agriculture 2. Multi-family migrant lab
3. Kennels, Animal Hospitals, Commercial Stables 3.25)
and Riding Acacemies (per Section 3.24) 3. Churches, chapels, and p
4. Public educational, civic, or cultural uses 4. Intensive fowl or livest
3.19)
B. Accessory Uses 5. Land mining operations
1. Accessory uses permitted by right in CONS 6. Sanitary landfill (per S
district 7. Basic Utility Airport
2. Any use customarily incidental to general pur- S. Agricultural Fairgrounds
pose agriculture including:
a. Roadside Stand (per Section 3.16)

A-R A. Principal Uses:
1. Any use permitted by right in "CONS" of "A" district 1. Amy use permitted as a c
2. Cluster development (per Section 3.7) or "A" districts
2. Public or non-profit swi
B. Accessory Uses 3. Tennis Clubs
M I. Accessory Uses permitted by right in "CONS" or "A"
district

M LR_ I A. Principal uses
1. Any use permitted by right in "RR" district ex- 1. Any use permitted as a c
cept conxtiercial stables, riding acade-nies, district except Land mir
kennels, animal hospitals, or forestry landfills, campgrounds,
2. Churches, Chapels, Parish houses clubs, fairgrounds, airl
or migrant labor housing
B. Accessory Uses 2. Funeral home
1. Accessory uses permitted by right in "RR" district 3. Kennels, Animal hospital
M riding academies (per Se
4. cemetaries
C LR-2 A. Principal Uses
(D 1. Any use permitted by right in "LR-l" district 1. Tennis clubs
M 2. Cluster development (per section 3.7 2. Public or private swimm
3. Funeral home
B. Accessory Uses 4. Kennel or animal hospit
1.* Accessory use permitted by right in 5. Commercial recreation c
> district halls
00

PITTSGROVE TOMISHIP ZONING ORDINANCE
SCHEDULE OF DISTRICT REGUL?MONS
USE REGULATIONS

ZONE pER;mITTED USES CONDITIONAL USES

In each district, only the uses listed below shall be per- All uses listed below and no
mitted by right. All uses in the following list other accessory uses thereto may o
than detached single family dwellings, general purpose ag- accordance with Conditional
riculture, and normally incidental accessory uses thereto, as well as Site Plan Review
shall be subject to Site Plan Review requirements in addition
to complying with all other applicable requirements

CONS A. Principal Uses:
1. Water, forest, or wildlife conservation areas 1. Campgrounds (per Section
and uses. 2. Hunting, trapping and Sk
2. Parks, playgrounds, playfields and similar open 3. Public Utility Uses exce
land uses. ance buildings and yard
3. Forestry (per Section 3.29
4. Essential Services
5. Single family dwellings

B. Accessory Uses
1. Any use customarily incidental to a permitted
principal use including:
'a.. Swimming pools (per section 3.13)
b. Signs (per Section 3.9 )
c. Fences, walls, and hedges (per section 3.10)
d. Off-street parking areas (per Section 3.14)
e. Off-street loading areas (per Section 3.14)
f. Yard sales
g. Home occupation (per Section 3.15)

A. ;--i=ipal Uses
1@ Any use permitted by right in "A-R" district ex- 1. Any use permitted as a
cept cluster development district
2. Banks, professional off
B- Accesspry Uses 3. Commercial recreation t
1@ A=6sscXy uses, Permitted by right in "A-R" districto halls
4. Hospital, auxiliary ext
ties, nursing homes
5. Mobile home parks (per
6. Public utility use (per
7. Golf clubs
S. Cluster development (p

CLUSTER vs CONVENTIONAL

This portion of the workbook applies to many
of the site planning principles and standards
illustrated in previous chapters. Most compari-
sons of cluster and conventional housing projects 14-4
focus on the use of multi-family housing and in-
creasing the total number of units to point out
aesthetic and economic differences. Many of the
design concepts presented in his workbook have
been challenged in the past because they were
related to proposals for increasing overall
densities on a given tract of land. We have taken AkAl VW&"W&'5, 'S F. /4 PWAC-
great care in laying out our comparative neighbor-
hood plans to use only single-family housing
types and to maintain a constant density. This is
not to say that increased density via clustering
may not be appropriate. In many circumstances it
may be the only way to provide wider housing
choice at lower cost. However, the concept is
r
beyond the scope of this study.

The Site - The 166 acre site, located on the CONVENTIONAL PLAN
outskirts of Canton, Ohio, is relatively flat, CONCEPT
surrounded by half-acre, quarter-acre and
estate sized lots. Access is available from all
four sides of the site which is well served by all
utilities. The land is zoned for a maximum 6@ wJev &'WwA cace UW'C
density of three (3) dwellings per acre on build-
able land. The land classified as unbuildable
(approximately 8.6 acres) is primarily flood
tajvs'
plain and steep slopes.The maximum yield
allowed is 472 dwellings on approximately 157
44.
acres.

The site is basically a moderately-sloped
meadow with several low wet areas and two
higher wooded areas. It is dominated by a
PLruix/s
prominent open hill, accented by a mature or- POW*
chard. The Summary Analysis drawing highlights
these points, as well as other important con-
siderations. The storm water drainage arrows Pomp/ 9@
indicate the obvious locations for future storm
water detention areas.

OCA" tow

/4 T, 12. 1;

CLUSTER PLAN
CONCEPT I-A-9

BACKGROUND ON CLUSTER DEVELOPMENT

CONVENTIONAL PLAN Conventional Neighborhood Plan
An attempt was made to relate the street network Major Land Use
to the topography in order to minimize grading Residential 156.59 acres* 94% of 166 acres
costs. In addition, many short cul-de-sacs were Open Space 9.41 acres** 6% of 166 acres
' A prOKimately 7 acres of the residential land is used as butier strip
planned in lieu of the prevalent curvilinear allong the perimeter roads.
** The 9.4f acres include the minimum requirement for the flood plain. An
street pattern. The opportunity to create some additional 0.81 acres were allocated for storm water management.
sense of privacy and the popularity of cul-de- Residential Program
sacs with home buyers were the prime factors Single-family detached - minimum lot size 8,000 S.F.
that guided the development of this plan. While 472 dwelling units on 156.59 acres
many houses front directly on the collector Average Net Density - 3,01 DU/AC
streets in order to produce an efficient plan, this Street Standards
practice is neither desirable nor recommended. Collector/ Subcol lector 60' R.O.W.* 36' Pavement
The general living environment on a residential Minor Streets/Cul-de-sac 501 R.O.W. 30' Pavement
collector street is often diminished by higher Curbs and gutters
traffic volumes and faster vehicle speeds. A portion of the collector street (1040 L.F.) is shown as a 70' R.O.W.
w/44' pavement.

Housing groups are arranged in a rectangular
pattern to maximize land utilization and to pro-
vide a visual sense of order. Interest in the Total Roads 25,781 L.F.
streetscape is achieved by curving the roads L.F. Road/DU 55 L.F.
throughout these rectangular arrangements. Total Curb/Gutter 48,208 L.F.
L.F. Curb/Gutter/DU 102 L.F.
Sidewalks are located on both sides of the collec-
tor streets and on onl .y one side of the cul-de-sacs Total Road Pavement 837,970 S.F.
and eye brows. The land-consuming nature of S.F. Pavement/DU 1,775 S.F.
this plan provides few opportunities for visual Total Storm Sewer 15,250 L.F.
relief, recreational facilities, and management L.F. Storm Sewer/DU 32 L.F.
of a "natural" storm water system.
Total Water 31,668 L.F.
Only six percent (6%) of the site is allocated to L.F. Water/DU 67 L.F.
open space and an additional eight percent Total Sanitary Sewer 40,755 L.F.
(8%) of the site is needed for major streets L.F. Sanitary/DU 86 L.F.
(cluster plan uses 4% of the site for major
streets).

There are few opportunities to create separate or
contrasting identity areas in the neighborhood.
This lack of "natural" separation makes it diffi-
cult to provide architectural and economic
diversity in planning the housing types.

1-A-10

114

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CLUSTER PLAN that are the base necessary to support con-
At first glance, the layout of the collector streets venience commercial and recreational facilities
in the cluster neighborhood appears to be similar such as a swimming pool, tennis courts and ball
to the conventional neighborhood. However, fields. When a residential project is large enough
there are significant differences. An effort was to justify local commercial space the developer
made to reduce the total lineal feet of collector should have the opportunity to provide space for
streets to discourage unnecessary through traffic such a facility. The sale of an acre of commercial
and minimize the amount of land devoted to land can be used to reduce the cost of producing
wider streets and wider R.O.W.s. In addition, no housing or pay for recreational facilities.
housing units front directly on collector/sub- The recreational facilities are not essential to
collector streets. the success of the clUster neighborhood.
All major wooded and orchard areas were either However, the convenience and cost of modest
designated as open space or for low density facilities could produce better marketing results
housing in order to preserve the maximum than a major advertising program.
number of trees. Most of the natural drainage A check list of major items that differentiate the
channels are designated as open space to cluster plan from the conventional plan are:
minimize grading and sodding costs. All existing 1. reduction of street and R.O.W. standards;
low areas were retained to function as storm
water detention areas. 2. reduction of minimum lot size to 4,000 S.F.;
3. use of a more natural storm water manage-
The cluster plan's housing diversity allowed ment approach;
placement of half-acre and larger sized lots on 4. provision of a greater mix of unit types and
the perimeter of the project, adjacent to existing income levels;
large homes and lots. Key features of the cluster
neighborhood that contribute to reduction in site 5. provision of 20% of the site in open space;
development costs are: and
6. provision of compatible non-residential land
1 .Smaller lots create open space. Open space uses.
affords the opportunity to channelize and
detain storm water through the use of grass
lined swales and poncling areas. This Cluster Neighborhood Plan
approach to storm water management can
eliminate and/or reduce the need for curbs Residential 131.4 acres* 79.2% of 166 acres
and gutters, inlets, headwalls and pipes. It Commercial 1 .0 acres 0.6% of 166 acres
also minimizes flooding downstream from the Open Space 33.6 acres** 20.2% of 166 acres
*Approximately 6.6 acres of -the residential land will be used to provide
project area, with potential additional off-site a buffer strip along perimeter roads.
The 33 6 acres include the minimum requirement for the flood plain,
development costs. recrealional facilities (swimming pool and tennis courls are illustrated)
pedestrian ci'cu lation, and additional land for Storm water detention
and c hannelization.
2. Narrower lots reduce the front footage of lots. Residential Program
Smaller lots can reduce the lineal feet of (Minimum Lot Size Net
roads, curbing, utilities and walks which in Unit Type 4,000 S.F.) Acres Units Density
turn reduces site development costs. The 2.75 Single-family Detached 33.05 80 2.42
conventional plan also utilized the narrow lot 4.00 Single-family Detached 39.57 147 3.71
configuration to reduce lot frontage. 5.00 Single-family Patio 19.62 93 4.74
5.00 Single-family Duplex 23.69* 100 4.22
3. Reduced street and R.O.W. standards. These 7.25 Single-family Duplex 8.21 52 .6.33
are not intended to reduce the quality of the Collector/ Subcollector 124.14 472 3.80
project, but to reduce site development costs, Streets 7.26 Avg. Net
reduce excessive land devoted to R.O.W., - Density 3.59
Total Acres 131.40
conserve construction material, and to pro- Residentia! acres include 50' buffer strip which totals 6.66 acres.
vide a more pleasant "street environment". Street Standards
Collector/ Su bcol lector Streets 40' R.O.W." 26' Pavement
Why bother with non-residential uses such as Minor Streets/Cul-de-sacs 28' R.O.W. 20' Pavement
commercial and recreation? These neighbor- No curbs and gutters
hoods serve a population of 1,200-1,400 residents small segment of collector street (600'-) ELI 60' R.O.W. 44' pavement.

116 1-A-12

NORTH ROAD

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SINGLE FAMILY 2.75 DU/AC

SINGLE FAMILY 4.0 DU/AC

ZERO LOT LINE 5.0 DU/AC

DUPLEX 5.0 DU/AC

DUPLEX 7.25 DU/AC CLUSTER NEIGHBORHOOD
117 1-A-13

SUMMARY
J-- @T
Cluster vs Conventional

1. Management Requirements: We would be
remiss it we ignored the obvious: the
planning, development, construction and
marketing of the cluster plan requires more
nd business judgment than the
experience a
conventional approach. The potential savings
indicated by our examples will only be
realized through.attention to detail and the
correct assessment of local consumer
.0,"4ri!i@.
patterns. But this is - or should be true of
2@.
any successful business venture.

2. The Pre-Development Period: Assuming the
availability of utilities, most builders would
expect to process their zoning application (if
required) and subdivision plats for the con-
IJ ntional plan in, reasonably short order.
ve
Unless the local governing body had already
adopted flexible controls the cluster plan
could meet substantial resistance and time
delays. That's why we stressed the need to
CONVENTIONAL PLAN mount an organized effort to push for sound
UTILITIES development regulations at the local level.

3. Public Support: Regardless of adherence to
public policy, many proposed subdivisions
meet strenuous and often successful opposi-
tion from adjacent residents and citizens
groups. Their arguments often center on two
issues; small lots on project boundary roads
and higher densities than those existing in
Vti
71
1A the immediate area. As we've shown, the
q
cluster plan offers the ability to "buffer"
adjacent parcels with large lots without
t
N
sacrificing the maximum allowable yield. And
4,
remember, the overall density is the same for
both plans. This is not a device to increase
let-
the number of houses in a given region.

4. Variety in Housing Product: The conventional
scheme offers one basic housing environ-
ment. There are no logical sub-areas within
the project allowing for an appropriate mixing
of house size, architectural style or sales
price. The cluster plan offers at least ten
J @4 different building areas where distinctive
products can be offered. Even if there is a
need to maintain a narrow price range
throughout, the opportunities to provide
choice in floor plans, styles, external and
internal features etc., are enormous.

CLUSTER PLAN
UTILITIES I-A--:14

118

SUMMARY OF SITE DEVELOPMENT COSTS

CONVENTIONAL CLUSTER
Total Costs Costs/DU Total Costs Costs/DU
Street Pavement $ 392,379 $831 $ 246,048 $ 521
Curbs & Gutters $ 351,918 $746 - -
Street Trees $ 206,248 $437 $ 187,320 $ 397
Driveways $ 330,400 $700 $ 254,540 $ 539
Storm Drainage $ 310,950 $659 $ 179,950 $ 381
Water Distribution $ 293,208 $621 $ 244,694 $ 518
Sanitary Sewer $ 459,462 $973 $ 403,419 $ 855
Grading $ 258,986 $549 $ 167,740 $ 355
Clearing and Grubbing $ 118,200 $250 $ 82,800 $ 175
Sidewalks $ 124,000 $263 $ 117,200 $ 248
Subtotal $2,845,751 $6,029 $1,883,711 $3,991
Engineering Fees (5.6%) $ 159,362 $ 338 (5.8%) $ 109,255 $ 231
Total $3,005,113 $6,367 $1,992,966 $4,222
Actual difference $2145
on a per lot basis
% of conventional 100% 66%
lot cost

5. Marketing Package: The key to selling new STATISTICAL COMPARISON OF THE
homes is generating traffic through your
project and models, That happens through CONVENTIONAL AND CLUSTER
advertising, general promotion, and particu- NEIGHBORHOOD PLANS
larly for larger projects, word-of-mouth CONVENTIONAL CLUSTER
recommendations. The conventional plan Number of units 472 472
offers a conventional message. It is dis- Minimum lot size 8,000 S.F. 4,000 S.F.
tinguished only by the quality of construction Residential land area 156.59 acres 131.40 acres
and its surrounding neighborhood. The Commercial land area 0 acres 1.0 acres
cluster plan starts at that point and expands Open Space land area 9.41 acres 33.6 acres
into such marketing benefits as "community", (6% of 166 ac.) (20.2%)
"lifestyle", "outdoor living", "amenity pack- Collector Street R.O.W.. 13.14 acres 7.26 acres
ages", "recreation programs", and beyond included in residential (8% of 166 ac.) (4%)
depending on the developer's imagination land area acreage
and program. A Sunday visit by a prospective
buyer can be turned into an afternoon of Total Roads 25,781 L.F. 23,415 L.F.
exploring a host of housing choices, walking L.F. Road/DU 55 L.F. 50 L.F.
a path system and envisioning a full living Total Curb/Gutter 48,208 L.F. -
experience for his family. L.F. Curb/Gutter/DU 102 L.F. -
6. Competitive Pricing: Every buyer eventually Total Road Pavement 837,970 S.F. 525,570 S.F.
puts aside his dreams and looks hard at the S.F. Pavement/DU 1,775 S.F. 1,113 S.F.
bottom line; how much house for his available
resources? We've shown savings of $2,100 or Total Storm Sewer 15,250 L.F. 7,040 L.F.
more per lot using the cluster plan in con- L.F. Storm Sewer/DU 32 L.F. 15 L.F.
junction with reduced road standards. That's Total Water 31.668 L.F. 25,599 L.F.
about the cost of a 85 square feet of additional L.F. Water/DU 67 L.F. 54 L.F.
finished living space; or a fireplace plus Total Sanitary Sewer 40,755 L. F. 33,874 L.F.
finished family room; or a full garage. List -the L.F. Sanitary/DU 86 L.F. 72 L.F.
most desired housing features in your area
and you'll find that extra $2,100 can yield a (see pages 142-143 for detail cost information)
real competitive edge. Or use it to reduce
closing costs or as a straight markdown on
the sales price. 1-A-15

119

7. Operation and Maintenance: The common Long Term Financial Implications
owned open space areas and any use of these The economic advantages of the cluster plan
areas should be managed by a homeowners' become increasingly important to the developer/
association. The covenants and restrictions builder when he tackles a project of several
that guide the homeowners must be estab- hundred units or more. These advantages stem
lished by the developer before houses are from two conditions associated with the cluster
sold. The costs of managing and maintaining approach:
the common open space should be by assess-
ment of all property owners within the project. 1 .A faster pace of sales given reduced develop-
It could be argued that the cluster plan can ment costs (assumes savings are passed on
cost more than the conventional plan to to home buyer) and a broader range of
maintain their respective open space areas. It product on the market.
is possible in the cluster plan to designate 2. Lower per-lot construction costs requiring
large areas as natural or semi-natural (storm less front-end investment to "open up" new
water detention ponds) uses that require little sections of the subdivision.
or no maintenance. In addition, maintenance
of the much larger lots (up to a 100% larger) We have prepared a cash flow model for each
in the conventional pla 'n requires more costs plan to illustrate these differences. The model for
in terms of energy and dollars than the cluster the conventional plan serves as the base against
plan. A good management plan for the cluster which the cluster model can be compared. We
neighborhood can produce costs that on a assumed a 7 year sales period for the con-
per unit basis are equal to that of the con- ventional plan or just under 70 units per year. We
ventional neighborhood. accellerated this pace to a 6 year program or
around 80 units per year for the cluster plan. (We
Maintenance costs of recreational facilities believe this is a conservative estimate of
such as swimming pool and several tennis increased sales if the full savings from lot
courts will cost more; however, these costs improvements are passed on to the consumer.)
should be reflected in terms of the recrea-
tional needs and requirements of the com- All other inputs to the models are held constant
munity at large. If they exceed the normal between them, i.e., acquisition costs, pre-
user fees that exist in the area, it may be best development costs, interest rates, and the net
not to provide these facilities. proceeds per lot. The results are interesting:
1 .The overall savings in interest costs are
$74,000 or $157 per lot. Since these savings
are realized over time they would not be used
to reduce lot sales prices but, rather, result in
increased profit to the developer. They
represent a 8% increase in profits.
2. The maximum debt position, which occurs in
the second year in both projects, is reduced
by $39,000. Put another way, the developer/
builder can afford to expend additional funds
in the planning phase to create a better
product and sell it to local officials, without
materially affecting his borrowing position.

1-A- 16

120

3. Debt is retired much faster in the cluster
model. In the fourth year the debt position of
the cluster project is half that of the conven-
tional approach. Total debt retirement occurs
more than one year earlier in the cluster
program.
4, It is also clear from the models that the cluster
approach can better withstand fluctuations in
the housing market than can the conven-
tional project. With lower debt throughout and
smaller cost increments to finish each section
there is a far greater "cushion" available for
riding out tight mortgage markets.

CONVENTIONAL PLAN
$/000 (Deficit)
Development Year 1 2 3 4 5 6 7 8 Totals

- 40 60 80 100 100
No. Lots Developed 92 - 472
Development Costs $6,367/ Lot - 255 382 509 637 637 586 - 3,006
No. of Lots Sold - 20 50 70 90 100 96 46 472
Proceeds @ $10,000/Lot - 200 500 700 900 1,000 960 460 4,720
Proceeds - Costs - (55) 118 191 263 363 374 460 1,714
Interest @ 11 % - 6 - - - - - - 6
Net From Development Ops., - (61) 118 191 263 363 374 460 1,708
Land Acquisition @ $2,500/ac. 415 - - - - - - - 415
Pre-Development Costs 66 - - - - - - - 66
Debt from Previous Year - (534) (654) (608) (484) (274) 59 433
Interest @ 11 % 53 59 72 67 53 30 - - 334
Current Operations (534) (61) 118 191 263 363 374 460
Cumulative Cash Position (534) (654) (608) (484) (274) 59 433 893 893

CLUSTER PLAN
$/000 (Deficit)
Development Year 1 2 3 4 5 6 7 Totals

No. Lots DevelopeclM - 53 80 105 130 104 - 472
Development Costs @
$4,222/Lot - 224 338 443 549 439 - 1,993
No. Lots Sold - 26 67 92 118 117 52 472
Proceeds @ $7,855/Lot(2) - 204 526 723 927 919 408 3,707
Proceeds - Costs - (20) 188 280 378 480 408 1,714
Interest @ 11 % - 2 - - - - 2
Net From Development Ops. - (22) 188 280 378 480 408 1,712
Land Aquisition Cost @
$2,500/ac. 415 - - - - - - 415
Pre-Development Costs 66 - - - - - - 66
Debt from Previous Year - (534) (615) (495) (269) - -
Interest @ 11 % 53 59 68 54 30 - - 264
Current Operations (534) (22) 188 280 378 480 408
Cumulative Cash Position (534) (615) (495) (269) 79 559 967 967
(1) Represents 30% increase over sales pace of conventional model.
(2) Product of subtracting $2,145 (difference in lot finishing costs between plans) from $10,000 sales price
per lot for conventional plan. Thus all savings in this illustration are passed onto housing.
121 1-A-17

CHAPTER 2

C-1, C-2 and C-3 - The Commercial Districts

1. Introduction

Commercial developments have consistently been the most dynamic of all
development types. They have evolved over the years in response to changing
conditions and have themselves changed conditions. This can be ovserved in
urban commercial centers which suffered dramatic declines after WW II as
business moved to an automobile based suburban environment. In the rapidly
developing suburbs, commercial needs at first generated "strip" commercial
centers with parking in the front; they were one story in height and were
usually constructed in relatively small speculative units, scattered along
the highways. Later, other types appeared, larger gas stations, free
standing stores with their own parking, and the first "shopping centers".
By the early 1960's several new types including the "fast food" restaurant
and the "shopping mall" were capturing the development dollars and many
smaller "strip" centers fell into decline. The first malls were themselves
eclipsed by even more massive, enclosed malls on still larger sites, which
offered even more powerful marketing opportunities to retailers. At the
same time, "Fast food" restaurants came to dominate the roadway based food
and beverage business leaving another group of older roadway restaurants
behind.

other business related trends in the retail world have been important
influences on development styles. There has been rapid consolidation among
major retail store operators. The new stores which these companies built
have been larger and offered still more merchandise and hav? required even
higher business volumes.

Changes in the zoning code, made in the near future, will only affect two
basic ccategories of activity, new construction and substantial alteration
of present businesses. Detailed research on development trends in the
county was not performed for this study. New commercial users, those who
wish to erect new buildings or facilities are most affected by changes in
the zoning regulations and it is these potential uses which have priority in
evaluation. However, another group, commercial uses in transition, older
commercial facilities being recycled for. newer uses are also potentially
affected by code changes.

A. Basic Commercial Types - Service Areas

While numerous distinctions may be drawn among the great variety of
commercial uses, the most useful way to categorize the uses is by the scale
of the area they are meant to serve. Commercial activity requiring large
service areas such as a parts depot for a large manufacturer of consumer
products may service an area extending across several states. A large
building supply company may service an area for some miles, perhaps up to 20
or 30 miles, in all directions. A new shopping mall may service an area of
similar size. A small milk, eggs and doughnuts convenience store may only
service an area within one mile or less. A categorization based on these
distinctions will have gray, indefinite areas but will, we believe, remain
useful. Table 1 categorizes the basic types by service area and by the

2-1

major site and development types associated with each, described in zoning
terms.

Table 1

Building Building
Service Building Size Height
Area Site Area Parking (xlOOO sq.ft) (stories)
Neighborhood to I acre 2-3/1000* 10 1

Community I to 8 acres 3-3.5/1000* 10-30 1

Area 8 to 25 acres 4-4.5/1000* 100-300 1-2

Regional 25 to 100 acres 5-5.5/1000* 200-500 2+

*Leasable square feet.

Neighborhood: This category includes local service businesses which support
nearby residential areas. While these businesses are similar in many physical
respects to businesses which serve larger areas and are often not identified
separately in zoning codes it is possible to do so. Attached in the appendix,
#1, is the permitted use list from "C-1" in the Philadelphia Zoning Code. it
features a restriction to the first floor, a maximum of 2,000 sq.ft. per use and
restricted list of uses. It is a strong illustration of a neighborhood shopping
district, meant to be employed in an urban context*

Community: The next gradation that can be identified is commercial uses with a
community wide base. These groupings of uses serve a larger area, extending to
several miles in radius. It is a level of use not easily identified in the code
language because it is likely to include some "heavy" retail uses such as
furniture stores, and perhaps building supplies which may also fit definitions
of the larger centers. Northampton Township in Pennsylvania has a "C-2"
district which demonstrates this distinction. A summary permitted use chart,
shown below in Table 2, illustrates the gradations permitted. It must be kept
in mind that a structure's size, parking requirements and height limitations, in
addition to use limitations, are important elements in the character of a
development.

2-2

Table 2

Extracts of Permitted Uses Northampton Township, Pa.

Permitted Uses C-1 C-2 (Planned C)
Convenience Food Stores X
Outlet for Baking Products X
Branch Bank X
Ice Cream Sales X
Pharmacy/Sundries X X X
Pick-up Laundry X X X
Barber Shop X X X
Tailor/Shoe repair X X X
Hardware stores X X
Retail food/grocery X X
Dry goods/apparel X X
Plumbing/lumber/supplies X X
Offices X X
Books X X
Restaurant/Tavern/Club X
Telephone substation X
Department Stores X

Area: As in the community type previously described there are important areas
of overlap with the previous categories. The establishment of higher minimum
lot sizes, greater parking requirements and larger bulk of structures is
appropriate. The overlap with the previous category tends to be larger free
standing uses such as furniture stores, or automobile dealers. These larger
free standing uses often serve substantial areas, often several entire
communities, but are not regional. Also, as shopping, i.e. retail is emphasized
in this discussion, it should be noted that the "area" group will include
non-retail commercial, such as warehousing and larger service and repair
businesses. Some warehousing belongs in the following "regional" category but
it first appears here.

Regional: Regional commercial, in retail uses, is represented by some very
large freestanding uses but is best known in the large mall form. Large malls
require a higher ratio of parking to floor area, generally 5-5.5 spaces per
1,000 square feet; have the largest bulk and are always located in good
access/visibility locations. As noted earlier major warehousing, service center
type uses belong in this category. Another aspect, discussed in the parking
chapter, is that the amount of parking, as a ratio to floor space, increases as
the store size increases. This reflects the large required sales volumes.

B. Statements of Purpose

Zoning codes traditionally have an introductory statement of purpose to the
entire code. Further, individual code sections often have additional statements
intended to further define the purpose of the particular section. The value of
such statements is that they can provide guidance in determining the
appropriateness of proposals in borderline cases or where uses not previously

2-3

considered arise. The hazard, with such sections is that they may provide
applicants proposing new or different uses with arguments to permit their uses.
Thus the issue becomes interpretation of the "Statement of Purpose".

In New Castle County Section 23-2 "Purposes of Chapter; Interpretation of
Chapter" is typical of such introductory paragraphs. It may be characterized as
restating the essential goals of land planning. The slightly abridged version
which follows gives the flavor of the section:

"...the provisions ... shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, morals,
convenience, order, prosperity or general welfare; ... lessening of
congestion ... or reducing waste of excessive amounts of roads;
securing safety from fire.. . adequate light and air and preventing
on the one hand excessive concentration of population and on the other
hand excessive wasteful scattering of population or settlement; for
promoting such distribution... and such classification of land uses
and distribution... of development and utilization as will tend to
facilitate and provide... public requirements, transportation,
water..., sanitation, educational opportunities, recreation, ...
protection of the tax base... economy in government... fostering
industries... protection of both urban and non-urban development"

Except for DPUD and airports the individual districts in the N.C.C. Code do not
have additional "Statements of Purpose". In other codes Statements of Purpose
are found for commercial districts. The following statement taken frorn the
Rochester, New York, Code, illustrates the possibilities:

11C-l - Neighborhood Commercial District Purpose: The C-1 District is
intended to provide a choice of business locations for small-scale
commercial uses offering primarily convenience shopping for nearby
residential areas. Permitted retail and service uses are intended to
serve-individual consumers and households and, to a limited extent,
other nearby businesses, industries and institutions. Proximity to
residences requires that ... operations ... be conducted at a scale
commensurate with the intensity of nearby residential development,
with relatively low demand for public services, transportation and
utilities and a minimum of chacteristics and effects which might be
detrimental or a nuisance to nearby residential property."

It is noteworthy that in the Rochester Code, the Philadelphia Code, the Kent
County, Maryland Code and others, the "C-l" type or neighborhood type is
relatively well defined both in purpose and by permitted uses and other
requirements* However, in higher or more intense classifications such clarity
is not present. For instance in C-1 in Philadelphia the use list is clearly
constrained but in C-2 and upwards the list is sufficiently broad for important
ambiguities to arise.

The use of individual "Statements of Purpose" is potentially valuable, in our
judgement, when the character desired in a -district can be clearly described.
If this characterization becomes difficult the "Statement" is likely to be more
trouble than advantage. Further, in the commercial zoning context, the
neighborhood support type commercial seems to be most easily defined.

2-4

2. Comparative Evaluation

The section which follows provides an overview of the New Castle County zoning
Code's commercial districts. This overview is in the form of a review of a
number of codes, selected because of the design of their commercial sections.
The comparison is divided into two basic groups of regulations- use controls
and bulk and area controls.

C-1 Use Controls

The examination of use classifications is supported by lists developed in the
course of the study. Exhaustive comparative review would require a monumental
bookeeping job not likely to be useful. The approach selected was to use
permitted uses from the County Code, organized by district, as a base list and
to then compare practices.
TABLE 3Permitted Uses

Philadelphia City of Pittsgrove, Northampton Kent County,
N.C.C. C_ 1 Lancaster N.J. Township Md.
C-1 N-C C-1 C-1 B-1
t@o__TV_5
Agricultural/Commercial N X N N Y
Greenhouse
Aviation Facility N N N N Y @
Church Y Y Y y Y
Country Club N X Y X Y
Swimming Club/Pool N Y N N Y
Petroleum Storage N N N N N
Accessory
Police/Fire Station N N X X NA
Community Recreation N Y X X Y
Center
Railway/Bus Station N N X X Y
R.O.W. (street/Railway) Y Y X X Y
Utility Distribution N X X N Y
Schools & Colleges N X X N Y
Water Tower/Storaqe N K X N Y
Sub-Station N X X N Y
(Elec., Gas, Telephone)
Temporary Building Y Y Y Y Y
Social/Civic organization N N Y N Y
Office/Professional or N X Y N Y
Goverment
Parking, Off Street Y Y Y N Y
4:/
(not overnight)
Studio (Photo, Artists, N N Y N Y
Musicans)
Bakeries, retail Y Y Y Y Y
Blueprints/Photostats N N Y X N
Buildings for Cultural N N Y N Y
Activities
Feed, retail sales N X X X Y
Fertilizer, Pack. ret, N X X X N
sales
Funeral Home Y X X X Y
Post Office N N Y Y Y
Printing & Photo-Process N N X N N
Restaurant(not Franchised) N Y Y N Y
Repair & Service (indoor) N N Y Y Y
Retail Stores Y Y Y Y Y@)
Personal Services N Y Y Y Y
Bank/Financial Institution N Y Y Y Y
Lock/Gunsmith N Y Y Y Y
Vending Machine N X X N
Tower, Radio/TV Station N N N X N
Auto Service Station N N N X Y
Xi
(no paint or body)
Self-Service Dry Cleaning N Y X N y
Massage Parlor,Adult Books N X N X Xg 2-5

KEY: Y = Permitted
N = Not Permitted
X = Not Permitted or Undetermined

Uses in the C-1 District in New Castle County are considerably greater in number
than are found the "neighborhood" commercial districts in other codes, although
practices vary over a wide range. It is our view that the C-1 District is not,
as presently constituted, a "neighborhood commercial" type of classification
although it is so labeled. The notes which follow are keyed to the right hand
column of Table 3.

1. Aviation Facilities: These uses are regulated by various parties,
particularly the FAA. They are clearly not intended to serve a small
geographic area, while in some cases they may be small in s6ale.

2. Parking: As a freestanding use parking is not local neighborhood oriented.
Parking might best be incidental to particular uses.

3. Feed, Fertilizer: These uses are agricultural, tend to be larger scale and
require truck transportation. They usually serve a large geographic area.

4. Printing: This can be a small scale, localized business but may also be
quite large. To be local its size must be limited and is retail nature
needs to be affirmed.
5., Restaurants, not franchise: The general category of restaurants covers an
enormous range of facility types. The franchise exclusion is probably not
defensible, per se, because in addition to "fast food" there are many
franchise restaurants of other kinds. Size limitations and "no drive-in"
regulations are a superior approach.

6. Retail Stores: This is a correct designation but deserves further
refinement. Department stores, furniture, paint and wallpaper, office
equipment, auto and truck parts and others might be excluded (by listing
them elsewhere) and serve to reinforce the character of C-1.

7. Vending Machines: Enclosed but freestanding buildings for vending machines
are permitted. This is an area requiring improved regulation which will be
discussed later in this chapter.

8.' Towers,, radio and television: This is a use with special site requirements
described in (3)(n) of Section 23-24. These site requirements are well
considered but the use itself is inappropriate in "neighborhood" commercial
areas.

9. Auto Service Stations: These have their own special requirements which
might benefit from some revisions as noted in the final - proposed text -
section.

10. Massage Parlor, Adult Book Stores: This is a delicate subject as indicated
by the present spacing requirements.

These notes are intended to focus on the issue of local commercial services.
The utility of a local service district in planning stems from its presumed
compatibility with residential. This issue is pursued further in the Area and
Bulk Section.

2-6

C-2 Use Controls

A parallel format is employed to review the C-2 permitted uses. Essentially C-2
can be described as heavy commercial with some restraints on warehousing and
trucking. The reason it can be so described stems in large part from the fact
that C-1 uses are permitted in C-2 while a list of relatively specialized new
uses is added. These new uses include such items as: tourist homes,
venterinary hospital, car washes, bowling alley, drive-in restaurants, adult
training-trade school, outdoor and indoor theaters, and drycleaning
establishments. The C-2 permitted use list is less comparable -among codes than
the C-1 list and as a result the table 4 yields less clear comments. As with
C-1 the bulk and area controls are a major factor in the character of the
developments.

TABLE 4 Permitted Uses

Philadelphia City of Pittsgrove, Northampton Kent County,
N.C.C. C-2 Lancaster N.J. Township Md.
C-2 C-R C-2 r-2 r_1
NOTF-S
All Uses in C-1 y y y y Y
District.
Tourist Home N y N X y
Veterinary Hospital y N Y X y
Clinic, Medical Office y y y y y
Lab. (dental/medical) y y N N y
Outdoor Community N Y N N Y
Amusement
Armories (training) X X X X X
Automatic Car Wash N N X N Y
Self-Service Car Wash N N X N Y
Building for Display X X X X X 03
samples (:@)
Bowling Alley, Billiard N Y Y Y
& Pool
Indoor Tennis, Skating N Y Y y Y
Rink
Dance Hall, Others. N Y Y Y Y
Engraving X X X X Y(S)
Exterminator Y X Y X Y
Fabric Samples Assembly X X X X X/F@
Fence/Fence Material Y Y X Y Y't
Restaurant (with drive-in) N-(drive-in) Y Y Y Y
Repair & Service of Articles Y Y Y Y Y
Riding Academy X X X X X/d:'_
School/Adult Training Y Y N Y Y(g)
Trade & Professional
Sign Painting N N N N X C9
Theatre Y Y Y X Y
Theatre, Outdoor Type Y N N X N
Telephone Central Office y Y Y Y Y
Public Utility Office
Vending Machine N X N X N(Q
Business Places of N Y Y y Y
Builder, Carpenter,
Contractor,Painter,
Photo, etc.
Dry cleaning & Shirt Y N N Y
Service
Motel, Motor Court, Hotel N Y N N Y
Par-3 Golf Course N X X X Y
Auto Service Station N N X Y Y
Public Garage
Accessory Uses

KEY: Y = Permitted
N @ Not Permitted
X = Not Applicable or Undetermined
2-7

C-2 Permitted Uses

The following notes are generally of a minor nature. The C-2 classification
does and should accommodate a wide range of uses and, only in its juxtaposition
to C-1 will recommendations be made to change it. The notes are keyed to the
right hand column of Table 4 "notes".

1. Veterinary Hospital, Kennel: This use must be 150 feet from any
residentially zoned lot. This is advisable as kennels are very noisy.
However, it would also be advisable to add a 50 foot 'minimum distance
frcm the lot line for any kennel as well as an opaque screen requirement.
A kennel may not be an easy neighbor for other commercial establishments
and these interests deserve consideration.

2. Armories: The establishment of an armory is a relatively rare event.
There appears to be no reason to conf ine them to C-2 ground as R-2 or
other classifications comprising undeveloped ground may be advantageous
to this use. It can better be listed as a special exception in Section
23-82 and a minimum lot size, perhaps five acres or more, and good road
access placed as controls for this use. moreover, the specific uses at
an armory can be discussed with the applicant agency - and its
compatibility with the proposed site evaluated.

3. Building for display of sample merchandise: This is a designation which
appears unnecessary. Apparently it refers to catalogue stores or trading
stamp redemption stores which are very much like department stores and
are adequately covered under retail uses.

4. Bowling Alley, Skating Rink, etc.: A reasonably complete "special
exception" guideline is included governing these uses. A landscape plan
should be submitted for approval in addition, in order to assure
treatment of all portions of the site.

5. Engraving, including Textile: The use which is intended to be permitted
is not clear. If engraving as is performed in connection with the
printing trades is intended its size should be confined as this is a use
employing acids and heat. If the scale is large it becomes an M-1 type
use. A limit of 5,000 sq. ft. 'gross floor area might be suitable for
avoiding this pitfall. Alternately, its removal altogether might be
appropriate.

6. Fabric Samples Assembly: We were unable to ascertain what this use
represents. It could be removed.

7. Fences, Fence Material Excluding Open Storage: This is a category of
retail which apparently relates to agricultural interests and/or to
building materials especially lumber. Lumber yards are not listed in the
code - probably an omission - and are not clearly a permitted use until
C-3 where "retail with related storage" is permitted.

S. School, Providing Adult Training: This is quite appropriate but appears
inconsistent with the fact that colleges are allowed in C-1. Some trade
schools operate in enclosed facilities while others require outdoor
training such as schools for equipment operators. The latter might be

2-8

required to get a special exception based on an overall site plan,
landscaping, storage areas etc.

9. Sign Painting, no manufacturing: The purpose of this listing is unclear.
Professional sign painters are virtually always also manufacturers.
Amateur or occassional sign painters will not concern themselves with
zoning permits.

10. Vending Machine, out-of-doors: This use is subject to the setback
requirements only. It is probably not a desirable use except as an
accessory to another use and should not exist as a freestanding use.

C-3 Use Controls

No detailed table has been developed for comparison of C-3 with other codes. It
proved infeasible due to the cumulative nature of use lists, the distinctions
become difficult to identify. . In addition other major departures in practice,
such as employing up to ten separate commercial districts (Philadelphia), make
comparisons difficult. A brief list of comments has been developed based on the
C-3 use list in Table 5.

The C-3 district is the major "open" commercial district. It adds a short list
of uses including auto body shops, auctions, auto-boat-bus-mobile home dealers,
crating services, ice manufacture, warehousing and commercial parking lots.
These uses, particularly auto body shops and the vehicle dealers must comply
with special rules on lot size, spacing from adjacent uses, driveway locations,
curb cuts and lighting among others. These special requirements are appropriate
although the additional requirement of a landscape plan, indicating the
treatment of the entire site would be valuable.

Table 5
C-3 District - Permitted Uses

Notes
1. All uses in C-2 District
2. Automotive Paint/body shop
3. Auction
4. Automobile/Boat/Bus/Truck/Mobile
Unit/Camper/Motor Bike, cycle/Utility 2
Trailer Rent & Sale
5. Crating Service 3
6. Frozen Food Locker
7. Ice Manufacturer, Storage/Sales 4
8. Parking Lot, Comm.
9. Sign Painting and Manufacture 5
10. Warehousing
11. Retail Sales (w.storage/warehousing) 6
12. Wholesale sales w. storage (enclosed)
13. Acccessory Uses

2-9

The following notes, like those in C-2 are generally minor in importance.
Notes:

1 and 2: Paint and body shops and vehicle dealers: These uses are different
in scale, i.e., auto body shops can be quite diminutive, but they both
require the outdoor storage of vehicles. This type of storage is
ntrinsically difficult because it is often long-term, may involve vehicles
under repair in ugly condition, often requires security fencing, and, except
i

for the display area of dealers, there is little need for good appearance.
The present code addresses functional problems reasonably well but total
site development, its organization, landscaping and circulation is also
important. As noted, a landscape plan requirement would be appropriate.

3: Crating Service: It is not known whether such uses are occurring but
apparently they are not in great demand as no telephone listings for them
could be found. As they might be termed, "crate dealers" or crate shops, or
packaging shops as well, it may be reasonable to remove this listing and let
them get by as "retail" or wholesale.

4: Ice Manuf acture: Because the need for ice commercially is now almost
entirely met by individual ice making machines the listing is of lesser
importance. Some businesses still buy ice from outside suppliers such as
the fishing industry and some restaurant/bar/ caterer operations. Most ice
dealers today operate chains of coin operated vending machines or similar
arrangements. The machines themselves are certainly commercial but the ice
manufacture is virtually an industrial use.

5: Sign Painting and Manufacture: This listing is similar, but with
manufacturing, to the listing in C-2. As the manufacture of signs involves
glass, metal and plastic fabrication as well as use of rare earth gases it
might be best to confine sign manufacturing to M-1 or to limit this use in
C-3 to buildings of a maximum of 5,000 sq. ft. gross floor area.

6: Retail Sales with Storage and warehousing: While there are obvious
situations which fit this description such as furniture warehouses which are
the location of some selling at certain times, it is not clear how much
storage beccmes "warehousing". As will be suggested in the final section of
this Chapter, the "retail" uses would be more serviceable if if the
definitions were clarified, especially in C-1 and C-2 Districts. This would
clarify these uses in C-3.

Bulk and Area Reguirements

A. Introduction

The present bulk and area requirements in the Commercial Districts are as
follows:

Minimum lot s ize:
sec. 23-40. Commercial Districts
In any C-1, C-2, and C-3 district, the minimum lot area for any permitted
use, together with its accessory buildings, shall be five thousand square
feet; except, that in the case of a building which is part of a row of
attached commercial structures on separate lots the minimum lot area shall be

2-10

three thousand square feet; provided, that parking space and loading space
are provided in accordance with the requirements in article IX of this
chapter.

There is no minimum lot width but there are height limitations, setback and rear
yard minimums. These are listed below in Table 6.

Table 6

C-1 C-2 c-3

Maximum Height 351 (3 sty.) 45' (3 sty.) 55' (3 sty.)
Minimum Front Setback 401 401 401
Minimum Rear Yard 20' 20' 201 (or 1/2
bldg. ht.)

The side yard minimum is based on adjacent uses. The relevant section is
reproduced.

Side Yard Requirements:
Sec. 23-60. Commercial and manufacturing districts.

In any commercial or manufacturing district side yards shall be provided in
conformance with the following regulations:

(1) No side yard is required in a commercial or manufacturing district;
except, that along a side lot line forming a boundary line between such
commercial or manufacturing district and any residence or office and research
office district, a side yard shall be required equal to the minimum side
ard of the most restrictive abutting district; but not less than twenty feet
n the case of a commercial district abutting any residence district; and,
except, that the minimum side yard in the case of a bowling alley, billiard
and pool parlor, skating rink, dance hall, indoor tennis court, or other
similar indoor recreation use located adjacent to a lot on which a dwelling
is located shall be forty feet, and in the case of any such use located
adjacent to a commercial or manufacturing district, shall be ten feet.

As may be apparent from reviewing these regulations the commercial districts are
relatively unfettered by bulk and area requirements. The variations in maximum
height and rear yard represent only slight constraint, a policy system clearly
designed to avoid hampering commercial activity in the County. An important
note, however, is that certain uses such as service stations, auto body shops
and others have special regulations (some already discussed) which govern their
"Special exception" status. These regulations serve to differentiate bulk and
area issues for these uses and, on the whole, appear to be effectively designed.

B. Comparative Review

The comparison with other codes which follows illustrates the relationship
between New Castle County policy and that of others. It suffers froin the same
difficulty as the use tables in that the nature of a zoning classification is in
part its permitted uses and, in part, the bulk and area requirements. However,
notwithstanding these issues we have compared the three classifications with the

2-11

three "lowest" classifications of other codes - where three were present and
have found some instructive differences.

Table 7 Bulk and. Area Controls
NEW KEdT PHILADELPHIA PITTSGROVE IDISTRICT 1PRINCE
CASTLE CO N.J. OF CO GEORGES CO.

MINIMUM
Lot Area C-1 5,000 B-1 none C-1 1. C-1 2 ac. C-1 1. C-1 none
Sq. ft. C-2 5,000 C-1 none C-2 1. C-2 1 ac. C-2 1. C-2 none
C-3 5,000 C-3 1. C-3 25,000 C-3A 1.

MINIMUM
Lot Width C-1 none B-1 none C-1 16' C-1 2001 C-1 1. C-1 nonej
c-2 none C-1 none C-2 161 C-2 1SO' C-2 1. C-2 none
C-3 none c-3 161 C-3 1251 C-3A 1.
I

Height Limit C-1 35' B-1 351 C-1 1. C-1 351 C-1 401 C-1 35-
C-2 451 C-1 401 C-2 3S'+ C-2 351 C-2 601 C-2 48'
C-3 551 c-3 none C-3 35' C-3A 601

Front Setback C-1 20' B-1 50, C-1 1. C-1 so, C-1 20' C-1 none*
C-2 40' C-1 501 c-2 none* C-2 50' C-2 none C-2 none*
C-3 40' C-3 none* C-3 501 C-3A none
UN LES, WANtLy 5=ET -CT'NWTr4-4A7nA,
VeQU1F4VW1?,40Vi FKOM C&RtMAN?.

Rear Setback C-1 20' B-1 none* C-1 1. C-1 50' C-1 20' C-1 none*
C-2 20' C-1 none* C-2 10% o C-2 25' C-2 4"/l'h C-2 none*
c-3 2-.+ C-3 none C-3 20' C-3A 4"/I'h
4-f.(CerrA15UTrjtk 4 pe@rrP 6r- V),r 4ZUNLFSSk--VT@.
FtS1PrXT1A.L RZ61P5-WIAL-

Side Yard C-1 none* B-1 none* C-1 1. C-1 25- C-1 3-/I'h C-1 none*
C-2 none* C-1 none* C-2 5' C-2 25' C-2 3"/l'h -none
C-3 none* C-3 5' C-3 15' C-3A 3-/1-h
A&)Tnr4@ j f.V69pr A13UIT(A(A
R"clb-9 6rfr^ J@SSIVEKTIAL-

Maximum Percent
Building C-1 none B-1 none C-1 1. C-1 15% C-1 40% C-1 none
Coverage c-2 none C-1 none C-2 75% C-2 15% C-2 60% C-2 none
C-3 none C-3 75% C-3 15% C-3A 60%

Maximum floor
Area Ratio C-1 none B-1 none C-1 none C-1 none C-1 100% C-1 none
C-2 none C-1 none C-2 none@C-2 none C-2 200% C-2 none
C-3 none C-3 450%!C-3 none C-3A 300%

I. most restric@@veabuttinq district -- lowest lot area in Philadelphia is 1400 sqare feet.

2-12

Comments on Current Bulk and Area Regulations

Minimum Lot Area: All districts have a 5,000 sq-ft. minimum lot area. This
size, which is quite small, reflects the strip or row commercial demand for
smaller individual lots. The code permits individual lots as small as 3,000
sq.ft. in row commercial developments. The small minimum lot size permits
the subdivision of commercially zoned ground into small developable units.
This has the desirable effect of permitting small entrepreneurial activity
but has the undesirable effect of allowing piecemeal development of
commercial roadway frontage* The attendant blizzard of signage , curb cuts
and small structures is likely to have a poor appearance and may cause unsafe
interface with roadways.

While Kent County and Prince Georges County, in Maryland, also permit small
lots and only Pittsgrove, N.J. an essentially ex-urban area, requires large
lots it is our view that larger lots are desirable. It should be kept in
mind that only new commercial proposals would be significantly affected by
such a change. Further, the 3000 square foot minimum in row commercial-could
be retained, avoiding the creation of some non-conformances and permitting
the sale of speculatively built stores*

Minimum Lot Width: The issue of lot width is usually resolved by developers
on a pragmatic basis. It is possible to imagine lots less than 50 ft.. in
strip commercial developments but such a width would be rare in freestanding
designs. Some minimum perhaps equal to R-lCC at 80 ft. or R-l-C at 60 ft.
might be useful to eliminate extreme designs. Naturally in unified
developments of several stores the individual lots of the uses could -be
narrower, even as little as 20 ft.

Height Limit: Experience gained while looking at actual development in the
County indicates that height limits have not been a problem. That is,
developments built to the allowable limits are rare. One idea which is
employed in other areas is to have a height limit equal to the cornice lines
found in the area nearby, usually on the same road for some distance in each
direction. This is sound practice in areas which are in part residential.
The zoning height limits for residential - generally 351 or 401 - are seldom
the built heights except in urbanized areas,

Front Setback: The 40 ft. required setback is a typical distance in other
codes. What is done with this setback is the issue. As parking is permitted
in the setback area the ground may serve only as a strip of blacktop in front
of a narrow concrete entrance pad. This practice is both ugly and
unnecessary. merely increasing the setback will not improve it. A required
planting strip, setting the parking back from the lot line would be a more
reliable method for achieving improved edge conditions along roadways. The
developer would have to work out the effects in the planning of the lot. 40'
is just enough to encourage the paving of the entire setback because a single
strip of spaces, a cartway, and a small sidewalk will just fit. No change in
minimum setback will be recommended; an increase to 50 ft. or 60 ft. will
face the same problems.

Rear Setback: The present 20 ft. requirement appears to be minimal.
Circulation in the rears of structures, for deliveries and for trash removal
is commonly needed. This type of usage will cause problems to abutting

2-13

properties in come cases. Other codes, i.e., Kent County and Prince Georges
County, tie the rear setback to the adjacent zoning classification. This
practice would be an asset to New Castle County and would be similar to the
side yard system already in use.

A system which has as its minimum 20 ft, or the height of the rear wall of
the structure whichever is greater, and a 10 ft. landscaped buffer if
adjacent to residentially zoned ground would put developers on notice that
some sensitivity to all site edges is needed.

Side Yard: Section 23-60 was already reproduced. There is no side,yard
required unless abutting a residential or office district. The side yard
requirement should be more definite in a manner parallel to the rear yard
system. As 12 ft. is a basic, one-way, cartway size it might make an
appropriate minimum. The rules for situations where the.side yard abuts "0"
or "R" districts should be retained. This will avoid creating an unnecessary
non-conformance*

Maximum Percent Building Coverage: This type of control is only used in
multi-family R and in 0 districts at present in the County. The highest.
listed coverage is 35% in the R-4 and R-3G districts. This maximum is
generous when analyzed in concert with the parking requirements in those
districts. A maximum of 25% as recommended for the 0-1 district in Chapter 5
of this report, might be very suitable for commercial districts.

Maximum Floor Area Ratio: This type of control is best suited to an urban
environment. It is our view that such a system would make little or no
contribution in the County given the other controls on commercial
development.

4. Revising the Commercial Districts

A. Introduction

New Castle County contains an enormous range of active land uses and this range
is likely to continue in the future. The most active recent development has
been residential and newer retail types such as shopping centers and fast food
shops. Two basic directions for improving the commercial districts are
suggested. The first is an updating of the language describing the present
districts. It would eliminate a few uses and clarify others while modifying the
bulk and area controls. The second direction is to improve the C-1 district -
to fine tune it - to increase its compatibility with residential development, to
make it a residential support district as discussed at the start of this
chapter.

The upgrading of the C districts will serve to modernize them and to improve
site plan quality while not altering their fundamental structure thus avoiding
widespread remapping or the creation of extensive non-conformances. The
modernization should include the removal of some uses, and the addition of some
uses as well as adding some additional standards to avoid known development
pitfalls. These standards generally relate to site planning issues such as
relationship to road frontages and to adjacent land uses. The County has
already demonstrated ability to control the major shopping center developments
and some good quality work has been completed in recent years. Major developers

2-14

tend to be concerned about image, and safe access and other issues which affect
development quality. As a result the discussion/negotiation process leading to
permits for large projects tends to be cooperative in spirit. It is in smaller
developments that the specific guidance in the code becomes critical as these
developments are seldom as well thought out or carefully executed as the large
ones.

The modification of the C-1 district to restrain its present "general
commercial" quality is the more substantial of the proposed changes and has the
most complex ramifications. What is proposed is to restrict both the number of
uses and their size. The intention is to be able to use this district in close
proximity to residential and institutional uses without concern that large scale
uses will be placed there and with greater assurance that the developments will
present an appropriate appearance for such proximity. We believe that this type
of adjustment would make C-1 a more versatile district and would permit its use
in more diverse locations.

Several alternative ways of approaching the problem of providing neighborhood
commercial might be considered. One would be the establishment of a new
district with restricted use and area regulations. This district would be
below" the present C-1 in the system. However, we have not elected this
approach as it appears that three commercial districts are sufficient to serve
County needs and the addition of a new district is an unnecessary complication.
Therefore, we suggest modifying C-1 and to a much lesser degree C-2 to
accommodate this concept.

B. Problems

The development of improved compatibility for the C-1 district may cause certain
problems. The most pressing is the possible "creation" of many non-conforming
uses. These uses would then be unable to expand without Board of Adjustment
approval, although as discussed in Phase I, Chapter III, Non-conforming Uses and
Buildings, the current rules gover ning expansion or continuance of
non-conforming uses are sufficiently liberal to avoid severe problems. This
would be changed somewhat, were the recommendations of that chapter adopted
because these rules would become more strict. In order to determine the
potential extent of this problem a review of the zoning maps was conducted. Two
factors were observed - both strong indications that the problem would be
minimal and that modification to the C-1 would be appropriate.

o The C-2 classification is usually employed in the smaller communities.
o C-2 and C-3 are mapped extensively along major highways, sometimes in
continuous bands 300 to 600 feet deep.
o C-1 is relatively rarely used, estimated at less than 5% of all
commercially zoned acreage. The reason for this is not apparent although
it may be assumed that zoning requests for commercial are usually for C-2
or C-3.

The latter point is particularly interesting in two respects. Firstly, it
reflects the fact that the distinction between C-1 and C-2 is improperly drawn,
ie. they are not sufficiently dissimilar to argue that one or the other is
appropriate. This leads directly to the decision to employ C-2 in most cases.
Secondly, there are specific uses permitted in C-2 which are often present in
local commercial districts and conversely that these districts often include

2-15

businesses which are clearly C-2 types.

In an effort to discover what is leading to the C-2 choice we have inspected a
number of small commercial nodes in the County. These areas, zoned C-2, were:
Biddles Corner, Boydes Corner, McDonough Corner, Pine Tree Corner, Point Breeze
and Port Penn. The inspection did not clearly reveal the answer to the dilemna
but some possible answers were observed. Certain uses found at these locations
appear to be C-2 specific, they were: Offices of contractors, plumbers, etc;
drive-in restaurants; clinics/medical offices; veterinary hospitals; motels; and
car washes. Another partial answer may be found in the County policy of not
rezoning ground except on request - although some exceptions where the County
initiated the rezoning do occur. A developer - or group of users - requesting a
rezoning are apparently seldom "steered" to C-1, if C-2 is requested, C-2 is
discussed and often granted.. This operational habit is understandable given the
fact that there is a distinct gap between C-2 and C-3 (i.e. warehousing-trucking
and vehicle dealers) which is really not so clear between C-1 and C-2.

The use of C-1 deserves to be encouraged, especially if its. character as
"neighborhoood commercial" as it is labeled on the zoning maps can be
reinforced. In fact, numerous presently C-2 sites would qualify for C-1.

One issue affecting this situation is that there is no area-wide rezoning system
used in the County. This is a deficiency discussed in Phase I. Many other
ocalities have a methodical system for updating the zoning maps. They involve
a review of existing conditions, a comparison with Comprehensive Plan
i

objectives, and an ordinance development process. Such overall rezonings,
improve the degree to which the zoning maps reflect the Comprehensive Plan,
permit integration of local community views in the overall controls and may be
valuable in those cases where controversy on a particular site develops because
the "spot zoning" issue can be adequately addressed. This latter issue, spot
zoning, is no doubt part of the explanation for the use of C-2 in the smaller
community centers. If there are a few C-2 uses it becomes difficult to zone the
area C-1 and, in a sense, the C-2 uses pull the C-1 uses into their
classification.

C. Specific Revisions

1. Introduction

The following section reviews each of the commercial classifications. These
reviews are sufficiently detailed to allow new draft ordinances to be developed
directly from the text. The revisions are in ordinance sequence and are
complete, although abbreviated. Further, as County practice has called for so
little use of C-1 in the past it is of some concern whether amending C-1 will be
of any use. The proposed text would create a district more capatible with the
residential districts and therefore should be adaptable to a wide range of
locations.

2. C-1 Proposed New Code Section - Outline

The text which follows does not repeat, in full, sections which are unchanged.
Their existence is noted and they are assigned a proposed new use number. This
numbering sequence would change in the manner noted, while uses deleted are
noted by their present number, in parenthesis. 2-16

Sec. 23-31 C-1 districts
In the C-1 districts (neighborhood shopping), no building or premises shall
be used ... except for one or more of the following uses:

1. Agricultural, excluding raising of mink or foxes ....
(2) Airport (delete)
2. Church or other place of worship...
3. Country club, regulation golf course ...
4. Swimming club...
(6) Petroleum storage, accessory... (deleted)
note: It is not necessary or desirable in C-1 to make this a use called
out in the code. It would seem to permit freestanding oil storage tanks
for retail oil dealers.
7. Railway or Bus passenger station.
8. Street right-of-way and railway right-of-way.
9. Utility distribution and transmission lines.
11, Public and private elementary, junior and senior high school. Public and
Private Colleae (deleted).
11. Water tower, reservoir, storage tank, pumping station and sewer. Sewage
treatment plant (deleted).
12. Sub-station, electric and gas, and telephone central office, subject to
special requirements . .. paragraph (15) of section 23 - 23, if approved
as a special exception.
13. Temporary building and temporary storage of materials in conjunction with
construction to be terminated upon completion of construction but not to
exceed six months except by special exception granted by the Board.
14. Social, fraternal, social service ...
15. Office, business, professional or governmental jRrovided that such use
does not exceed 5,000 square feet gross floor area.
16. Parking, off-street, not to include overnight parking of trucks which is
incidental to other uses permitted in this district on the same lot.
17. Studio for artists, designers, photographers .. . provided that such use
does not exceed 5,000 square feet gross floor area.
18. Baker, retail... provided that such use does not exceed 5,000 sguare feet
gross floor area.
19. Blueprinting and photostating providing that such use does not exceed
5,000 sqare feet gross floor area.
20. Building for instruction .. provided that such use does not exceed 5,000
square feet floor area.
(23) Feed, retail sales (deleted)
(24) Fertilizer, packaged retail sales (deleted)
21. Funeral Home, enbalming.
22. Post Office.
(27) printing and photo processing (deleted)
23. Restaurant, excluding restaurant with drive-in service and provided that
such use does not exceed 5,000 square feet gross floor area.
24. Repair and servicing indoors only, of any article the sale of which is
permitted in this district provided that such use does not exceed 5,000
square feet in gross floor area and except as otherwise noted in this
section.
25. Grocery stores providing goods for household use provided that such use
does not exceed 50,000 square feet gross floor area and that the proposed
plan of development has been 'reviewed and approved by the Department of
Planning. The review of this plan shall consider the following items:

2-17

adequacy and safety of access and circulation including deliveries and
removal of'waste material.
adequacy of landscaping and design of parking areas as required in
section 23-61 and in the subdivison codes, Chapter 20 of the
New Castle County Code.
26. Retail stores and shops such as drugstores, variety stores,
florist shops, beverage stores, convenience markets, gift and specialty
shops, hardware stores and delicatessens, provided that no single use or
single combination thereof shall occupy more than 5,000 square feet gross
floor area.
27. Personal sevices such as shoe repair ... etc. provided that no individual
use shall exceed 5,000 square feet gross floor area.
28. Bank and other financial institution provided that such use does not
exceed 5,000 square feet gross floor area.
29. Lock and gunsmith, provided that no public firing range or public testing
facility is included and that such use does not exceed 5,000 s2uare feet
gross floor area.
30. Vending machine for cigarettes, candy, soft drinks and similar items,
located within enclosed building and provided that such machines are
incidental to a use permitted within this district.
31. Amusement machines such as pinball machines and electronic games not to
e-xceed an aijgregate of five machines within a single premise and-provided
they are incidental to a use permitted within this district.
(35) Tower, radio television (delted)
32. Automobile service station and public garage, excluding paint and body
shop, and excludin2 special purpose maintenance garages such as tire
dealers, auto upolstry shops, engine rebuilders or transmission repair,
if a special exception is granted by the board of adjustment as provided
in section 23-85, subject to the following special requirements.
(a) minimum lot size fourteen thousand square feet
(b) maximum lot size - thirty thousand square feet
(c) = (b) etc. and.one other change:
(m) or (n) the-maximum number of indoor pays for automotive repair shall
be five.
33. A self service, coin operated cleaning or drycleaning establishment
provided that the gross floor area shall not exceed 5,000 square feet,
subject to
(38) massage parlors ... adult book stores (deleted)
34. Accessory uses...

C-1 Bulk and Area Regulations

The following changes would achieve the objectives of restraining piecemeal
development; of providing an opportunity for each development to be attractively
landscaped; and of creating developments which will be compatible with
residential development in appearance. The following are the changes
recommended, other bulk and area regulations would remain as listed.

Section 23-40
Minimum lot area: C-1: 10,000 square feet

Section 23-47
Minimum lot width: C-1: 60 feet 2-18

Section 23-50
Side Yard: C-1: 6 inches for each 1 foot of building height at sidewall, or
required minimum of adjacent "R!' or "0" district, whichever
is greater.

Maximum Building Coverage: C-1: 25% of lot area.

3. C-2 Proposed Code Changes

The changes suggested in the C-1 district are reflected in the proposed changes
to C-2. It should be repeated that C-2 is extensively mapped, both in small
modes in rural 'areas and in enormous strips adjacent to major roadways. Its
differentiation from C-3 essentially comes from three use groups: vehicle
dealers; warehousing and wholesale; and retail with warehousing. The C-3
designation is used for major shopping centers -- not Planned Commercial
Development as may have once been intended -- although it is not clear why C-3
is requred as such uses would be allowed in C-2. Perhaps C-3's (11) "Retail
sales with related storage and warehousing" is interpreted to encompass
department stores - Department stores, per se, are not a listed use in the
ccode, although such a designation is found in some other codes. Because C-2 is
extensively mapped major changes are not proposed as the risk of creating new
non-conformance is significant.

Section 23-32: C-2 Districts.

In C-2 districts (roadside businesses), no building or premises shall be used
and no building shall be erected or altered which is arranged, intended or
designed to be used, except for one or more of the following uses:

1. any use permitted in a C-1 district, subject to all the conditions and
requirements of section 23-40, relating to C-1 districts except as
otherwise indicated in this section and except that gross floor area
limitations listed in the C-1 district shall not apply.
2. Motel, Motor Court, hotel and tourist home.
3. Veterinary hospital, and kennel; provided, that buildings and runs are not
within one hundred and fifty feet of any lot zoned for residential use or
within fifty feet of any lot line.
4. Clinic, medical; dentist ...
5. Laboratory, dental ...
6. Outdoor commercial amusement ...
(7) armories for meeting and training ... (deleted)
7* kutcaatic car wash establishment subject to ...
S. Self-service car wash establishment subject to
(10) Building for display of sample merchandise ... (deleted)
9. Bowling alley, billiard and pool parlor, skating rink, amusement arcade,
dance hall and other similar indoor recreation uses, if a special
exception is granted...
Note: a new definition is needed at the beginning of the code:
Amusement Arcade. Any assemblage of more than five machines such as
pin-ball machines, electronic games, skee-ball machines and similar
devices.
10. Engraving, including textile provided that such use does not exceed 5,000

2-19

square feet gross floor area.
11. Exterminator, provided that all toxic substances are stored in a fully
enclosed secured area and that trucks containing such substances are stored
during non-business hours in a parking area which is completely secured
within a structure or by permanent fencing at least six feet in height.
(14) fabric samples assembly (deleted)
12, Retail sales of building materials including lumber, fencing, masonr
block, concrete and similar substances in packaged form. Open storage
shall be permitted in completely screened areas setback from all lot lines
a distance of twenty_feet and occupying not more than twenty percent of the
lot area or ten thousand square feet, whichever is less. Millwork and
assembly of products is not permitted.
13. Restaurant, with drive-in service or franchised sit-down service subject to
the following:
14. Repair and service of any article...
15. Riding Academy provided that the location of any stable is at least one
hundred (100) feet from any lot line and that all storage of feed and
equipment is fully screened from any road fronta2e or any lot line abutting
a residential or office district.
16. College or school, providing adult training in any of the humanities, arts,
sciences, trades and professions provided that if such training is to occur
out-of-doors and will involve any machinery.
17. Sign painting, excluding manufacture ...
18. Theater, housed within an enclosed structure.
19. Theater, outdoor type, if a special exception is granted ...
20. Telephone central office or other public utility office or operation
center, including indoor storage of materials but excluding storage of
natural gas, gasoline and-like substances in above the ground tanks or
trucks.
21. Vending machine, located out-of-doors, subject to yard and setback
requirements.
22. Business places of a builder, carpenter, catereer, cleaner, contractor,
decoratorf electrician, furrier, mason, painter, photographer, plumber,
roofer, tinsmith, upolsterer, and similar non-nuisance business, excluding
open storage of motore vehicles. dyer (deleted)
23. A drycleaning and shirt service establishemnt conforming with the following

(27) Motel, motor, court, noted (deleted - now use #2)
24. Par 3 Golf Course, subject to the following special requirements.
a) all lighting shall be installed so as to completely avoid glare on
adjacent residentially zoned ground.
25. Automobile service station, automobile self-service station, and public
garage, excluding paint and body shop, subject to the following
26. Printing and photo processing.
27. massage parlor ... (subject to spacing requirements now appearing in C-1)
28. Accessory uses, including sale of used merchandise.

C-2 Bulk and Area Requirements
The following proposed changes are intended to further reflect the medium-heavy
commercial nature of the C-2 classification. They would have the impact in some
cases of creating non-conformances but, the effect would not be onerous due to
the flexibility granted such uses. The following changes are in addition to the
remaining bulk and area regulations:

2-20

Section 23-40
Minimum lot area: C-2: 20,000 square feet.

Section 23-47
Minimum lot width: C-2: 100 feet

Section 23-60
Side yard: six inches for each one foot of building height at side wall, or
required minimum of adjacent "R" or "0" district whichever is greater but not
less than 12 feet.

C-3 Use Controls and Bulk and Area Controls

As C-3 districts are meant to accommodate the heaviest commercial uses and to
provide for large scale operations little is suggested for change. However,
several listings could be clarified particularly the "retail sales" paragraph.
As was discussed "crating servicel' could be dropped. The changes below would
provide for the transition to heavy retail.

(5) crating service (deleted)
(11) Retail sales, including department stores, with related ....

The bulk and area controls proposed for C-2 would be appropriate for C-3 as
well. It might be advisable to increse the lot size still further but the risk
of creating non-conformances increases. This should be reviewed by County
planning staff but an increase to 40,000 square feet minimum might be in keeping
with the concept.

P2:

MAD@IA CM M M"C-120.302 M -111111111111111102 AWG MWL

mulgated thereunder. )oks, confectionery goods, cosmetics, d
opliances a'nd fixtures, floor cove-r'ings, fo
(5) Street Frontage Requirements. uits and vegetables, groceries and mea
(a) Single Family and Duplex Dwellings. Any lot upon which a )usehold appliances, hobby and handic
single family or duplex dwelling is erected after the effective date of this awspapers and magazines, optical or ort
ordinance shall have a street frontage not less than two-thirds of the allpaper, photographic equipment, sta
minimum lot width required for the district. earingIapparel, watches and clocks.
(b) Multiple Dwellings and Buildings Other than Dwellings. Any (.2) Barber, beauty shop, hat
lot upon which a multiple dwelling or building other than a dwelling is (3) Business or profession
erected after the effective date of this ordinance shall have a street :itution ;
frontage not less than two-thirds of the width of the lot at its widest point. (A) Florist, not including ac
(6) Separate Buildings. See �14-102(46). (.5) Hand laundry, laundry p
ick-up agericy and each use, singly or in
CHAPTER 14-300. COMMERCIAL DISTRICTS (.6) Funeral parlors, includin
(.7) Accessory uses, custom
�14-301. Classes. ermifted uses; provided, that the access
(1) The commercial districts shall be designated as: 5 7o of the gross floor area, and does
"C- I " Commercial iaterials, equipment or merchandise.
"C-2" Commercial (2) Area Regulations. All buildings in an
"C-3" Commercial ie area regulations of the most restrictiv
"C-4" Commercial us to or across the street; provided, h
"C-5" Commercial ttached to another building which is in an
"C-6" Commercial iat District shall apply.
"C-7 Commercial (3) Height Regulations. All buildings
"Office Commercial" ie height regulations of the most restric
"Neighborhood Shopping Center" hether contiguous to or across the str
"Area Shopping Center" tid building is attached to another, the
-ict of the building to which it is attache
�14-302. ."C-I" Commercial District. (4) Off-street Parking.
(1) Use Regulations. The specific uses permitted in this district shall (a) All buildings in any 'C-1"
be the erection, construction, alteration or use of buildings and/or land for: .quirements of the most restrict;ve bou
(a) The residential uses permitted in the most restricted bounding )ntiguous to or across the street; pr
district, whether contiguous to or across the street; provided, however, uilding is attached to another, the re
that when said use is in an attached or semi-detached building, the regula- rict of the building to which it is attach(
tions of the residential district of the building to which it is attached (b) Each off-street parking -sp
shall apply. rovisions of �14-1403 of this Title.
(b) The following uses in completely enclosed buildings dealing di- (5) Signs. Signs accessory to uses o
rectly with the consumer and in no case above the first story of the building; i this district only under the following c
provided, that for buildings erected after March 5, 1979, no single use, nor (a) Only one sign shall be perm,
any combination thereof shall occupy more than 2,000 square feet Pf gross ot exceed one square foot for each I
floor area. nd only one street, shall be constructe
(A) Sales at retail, separately or in any combination of. antiques, ated for the above computation, and
92 PHILADELPHIA ZONING CODE C-1 & C-2 93

�00 "COM M UWDEMA CM M MC-TMOt M =03 "M M J1MG MPL

wall of the building; (g) Hand laundry, laundry pick-up
(b) Signs may be illuminated; provided, the illumination shall be up agency, and each use, singly or in an
focused upon the sign itself, so as to prevent glare upon the surrounding square feet in gross floor area;
areas, but it shall not be flashing, intermittent, or animated illumination; (h) Instruction in music, arts, or sci
(c) Signs which revolve shall be prohibited; G) Laboratories (analytical, chemic
(d) Any revolving device which causes intermittent flashes of light not to exceed 1,500 square feet in gross fl
to be projected shall be prohibited. 0) Personal service or treatment of
W Post offices;
�14-303. "C-2" Commercial District. (1) Printing, publishing, and relat
(1) Use Regulatioim-General. The uses permitted in this district shall 1,500 square feet in gross floor area;
be: (m) Private open-air parking lot, in
(a) In a completely enclosed building unless otherwise specified; permitted in this district (subject to provi
(b) As respects the sale of goods or merchandise, shall be at retail; (n) Repair of household appliances
(c) As respects the rendering of services, shall be with the ultimate struments, photographic equipment, radi
consumer. dental or prosthetic laboratories, or optica
(2) Use Regulations-Without Certificate. Subject to the provision@ square feet in gross floor area;
of (1) above, where applicable, the specific uses permitted in this district (o) Restaurant (see 3 (p) below), c
shall be the erection, construction) alteration or use of buildings and/or catering, including outdoor dining areas;
land for: (p) Treatment or sale of pet birds a
(a) The uses permitted in any Residential- District, except attached tals, not to include dog kennels or public
buildings used.solely for dwelling purposes. All use qualifications provided (q) Water booster or sewer booster
in Residential Districts are not required in this district. buildings, railroad passenger stations, el
(b) The following sales, separately or in any combination: Antique., ing sub-stations; provided, that any faci
art goods and artists' supplies; automobiles and parts excluding installatior electric transforming or gas regulating s
bakery goods; bicycles, motorcycles, boats, and farm equipment; book-@ shall:
photographic equipment; china, glass and metalware; confectionery good! (J) Not be within 50 feet of an3
cosmetics; delicatessen goods; department store merchandise; draperie! (.2) Have a green belt at least
drugs, dry goods; electric appliances and fixtures; floor coverings; floris shrubbery and/or trees to be planted and
merchandise; fruits and vegetables; furniture; garden supplies; gift! feet in depth around the entire inside pe
groceries; hardware; hobby and handicraft merchandise; househol. of ingress or egress,
appliances; jewelry; luggage; meat; music materials and merchandise; mus (.3) Shall not be used for the st
cal instruments; newspapers and magazines; office equipment and supplie: (r) An outdoor advertising or non-
optical and orthopedic goods; packaged paints; radio and television sets an mitted in Chapter 14-1604; provided:
parts; seafood except as provided in sub-@aragraph (3) M below; sportin (A) the minimum lot frontage i
goods; stationery; variety store merchandise ("5-and-10-cent store" of corner lots, the shorter frontage shall n
wallpaper; watches and clocks; wearing apparel; (.2) the minimum lot area is 2,
(c) Barber, beauty shop, bicycle rental, costume and clothing renta (.3) no sign face of 300 square
hat cleaning, photographer, tailor shop, taxidermist; within 75 feet of any residentially- zoned p
(d) Blueprinting, duplicating and kindred reproduction services, not I vided that, the sign or its structure is visib
> xceed 1,500 square feet in gross floor area; more than 300 square feet in area shall be
(e) Business or professional office or agency, financial institutiol residentially- zoned property; provided tha
school, radio or television studio (for transmission towers, see 3 (1) below); from said property;
(f) Funeral parlors, including the sale of morticians' goods; (A) Sign Area:

94 95

M03 MAD@IA "AM-30. M-303M MIN(OW P

(.a) for intermediate lots and for corner lots with less than 150 (i) Courtroom or courthouse build
feet of combined street frontage, the maximum sign area permitted shall be 0) Garages and parking as a mai
300 square feet per face, not to exceed 600 square feet per face for "back- (.1) Public garage;
to-back" or "V"-shaped signs; (.2) Private garage;
(.b) for corner lots with a minimum combined street frontage ol (.3) Public parking lot;
150 feet, the shorter of which shall not be less than 30 feet, the maximum (A) Private parking lot, exce
sig-n area permitted shall be 700 square feet per face, not to exceed 1,400 (in) above;
square feet per face for "back-to-back" or "V"-shaped signs;
(.c) for intermediate or corner lots which have a minimum of 10C (.5) Automobile sales lot;
feet of frontage in addition to the minimum required footage; an additional sign W Installation of auto, boat, mot
of 300 square feet per face not to exceed 600 square feet for "back-to-back" or (1) Open air theatre, open air mo
"W'-shaped signs may be erected along each additional 100 feet of frontage; and, tertainment;
(.5) the maximum height for free-standing, roof, or wall signs shall (m) Outdoor amusement parks,
be 35 feet above the average ground level at the base of the structure to the top ol swim ming"pools, and day camps;
the sign; further provided, that an area not to exceed 20% of the length of the (n) Penal and correctional institu
sign shall be permitted to extend an additional 5 feet, but in no case more than .(o) Radio or television transmissi
40 feet above the average ground level at the base of the structure to the top of (p) Restaurant which serves patr
that portion of the sign. (q) Retail dry cleaning establish
(s) Accessory uses, customarily incidental to any'of the above permitted as approved by the Department of Lice
uses; provided, that the accessory use does not occupy more than 25% of the gross
floor area, and does not include open air storage of materials, equipment or (r) Retail sale of packaged beverE
merchandise, except as provided in sub-paragraph (m) above. (s) Retail sale of picture frames,
(3) Use Regulations -With Certificate. The following uses will be permitted in related handy-craft items with acces
this district only if a Zoning Board of Adjustment certificate, as hereinafter with hand tools only, not to exceed 1,0(
provided, is obtained, and only in completely enclosed buildings except (d), 0), tion; (t) Sales of live poultry, live fish
(1), (m), (o), and (w); (u) Self service laundry using re
(a) Amusement arcades; vided, said use complies with the foll
(b) Athletic and drill hall, dance hall, theater, motion picture theater, use does not exceed 2,500 square feet
and other entertainment of guests and patrons as a main use; shall be permitted only from 6 A.M. to
(c) Automobile repair shop (not including body and fender work, or paint- outside of the premises shall not be
ing), and repair shops not lised in �14-303 (2) Use Regulations-Without Cer- o'clock midnight.
tificate; (v) Self service dry cleaning esta
(d) Automobile service station for the retail sale of automobile fules, (.1) The Fire Marshall sha
lubricants, radiator fluids and accessories, and for the performance indoors of machines, equipment and materials ar
incidental service and minor repairs to automobiles (not including body and set forth in Chapter 5-800.
fender work or painting, clutch, cylinder, differential or transmission repairs), (.2) An attendant over 21 y
incidental car washing indoors in an area not to exceed 400 square feet, and the the equipment on the premises employ
NJ inspection of automobiles; provided, the same is licensed by the Commonwealth all times when the premises where
>1 of Pennsylvania; lishment is located is open for business
(e) Bath house and indoor swimming pool as a main use; 0) No operator of any co
(f) Billiards, pool and bowling; shall use or permit to be used any so
(g) Bottling and/or distributing of liquids for human consumption; approved, by the manufacturer of the
(h) Central heating plant; (A) An interlock system sh@

96 9

�14- 2" 0jftAN
vent the loading door from being opened during the normal cycle. Said sys-
tem may be electrical or mechanical and so connected as to remain effective than three families shall have a rear
in (,.ase of power failure. than 10% of the lot depth, but in no
(.5) The'licensee shall permit only the front side of the dry clean- (.2) Buildings containing t
ing m;i,:hlnes to be accessible to the custorners. The working or maintenance yard with a minimum depth of nine
@)ortion of' the machines shall be so constructed, located and maintained so 344 square feet, plus an additional
as to be not accessible to the customer. At no time when customers are pre- each additional family more than th
sent shall the concentration of vapors, in the customer area from the dry
cleaning solvent exceed one hundred parts per million.
(.6) There shal II be prominently posted on the premises the name, (5) Height Regulations.
address and telephone number of the owner or operator of said business and (a) The maximum height of
there shall be a public telephone on the premises in a conspicuous location. average ground level at the base of
(.7) Such use does not exceed 2,500 square feet in gross floor area, stories. (b) The permitted height of
(.8) Such use shall be permitted only from 6 A.M. to 1 A.M. feet exeept that one foot of addit
(.9) Lights located on the outside of the premises shall not bE additional foot the building sets bac
permitted to remain lighted after 12 o'clock midnight. that the maximum height of such bu
(w) Trolley and cab stations, bus terminals, and car and bus barns; provisions of �14-231(2)).
(x) Uses customarily accessory and incidental to the uses specified ir
sub-paragraphs (a) through (w) above. (6) Off-street Loading. Off-stree
(y) A use of the same general character as the uses specified in sub. accordance with Section 14-1405 of 0
paragraphs (a) through (w) above. (7) Off-street Parking. See �14-1
(4) Area Regulations. (8) Signs-Signs accessory to uses
(a) Occupied Area. Not more than 75% of the lot area on intermediat, this district only under the following
lots and 8&%, on corner lots shall be occupied by buildings.
(b) Open area. The open area shall be not less than 25% of the lo (a) Lots facing one street line
area on intermediate lot and 20% on corner lots and shall consist of at leas six square feet for each lineal foot of
the required minimum rear yard in all cases, plus such other open court (b).Lots facing more than one
and/or side yards as shall be required to equal an area not less than th sign area as follows:
total open area above required. (J) For the shorter st
(c) Building Set- back Line. No building set-back line shall be require mitted a sign area of 6 square fee
in th;_@ district. (.2) For the longer str
(d) Side Yards and Courts. When side yards or courts are used, excep
inner courts and courts between wings of the same building, they shall hav
a minimum width of five feet (subject,to exception, see �14-104 (12)).
(e) Open Court Between Wings of the Same Building. The minimul
width between wings shall be 12 feet.
(f) Inner Court. The least dimension of an inner court shall be eigi
feet. Minimum area for such court shall be 100 square feet. Such courts I
less area than 300 square feet shall not be permitted for any building us(
for dwelling purposes except when used as vent shafts.
J, (g) Rear Yard and Rear Yard Area.
(.1) Buildings used for commercial purposes and/or containing le:

ChaDter 3

INDUSTRIAL LAND USE CLASSIFICATIONS

1. Introduction

The New Castle County Zoning Code divides industrial uses into three general
categories, M-1, M-2, M-3, roughly corresponding to a "light", "medium" and
"heavy" separation of industry types. This organization is consistent with the
overall Code structure, which is a descending system, permitting more noxious
uses in each category. The three industrial categories, located last in the
Code sequence, permit the most noxious uses in the Code but they exclude many
less noxious uses, such as residential, thus serving the important function of
reserving land for manufacturing and other industrial activity.

The industrial sections of the Code are traditional in their organization and
have remained basically unchanged since theh Code was enacted. over this nearly
30 year period of time, many changes have occurred in industrial activity. The
number of industrial types has increased and the processes used in traditional
types have changed, often affecting the scale, appearance and environmental
effects from those originally envisioned when the Code was drafted.

2. A New Approach

The regulation of industrial activity, as a land use, has been addressed by many
governing bodies in a completely new manner in recent years. The essential
aspect of this new manner is that it separates industrial activities according
to their actual environmental effects. Worse effects are permitted
progressively until an ultimate category is reached, i.e. the "worst". These
systems are known as "performance zoning". In 1970, according to the American
Society of Planning Officials survey, about 31% of 270 municipalities surveyed
used some form of performance zoning in their industrial regulations. Today the
figure is likely to be significantly greater.

In order to appreciate the nature of such controls a brief hypothetical
discussion of industrial activity may be helpful. Industry is described and
understood as "making things" ie. it is the site at which a product - a tangible
product - is created. The number of products produced is, of course, enormous
and they are ever changing and increasing in numbers. In the process of making
a particular thing, say "widgets", various techniques may be employed. Widget
-plant A" may make theirs in an open shed using a machine driven by a powerful
diesel motor while "plant B" may employ a fully enclosed building and machinery
driven by numerous small electric motors. If land uses are regulated according
to products widgets may be in the most noxious category because of long term and
bad experiences with the process used by "plant A". This may be a very unfair
burden on "plant B" type operations.

Other types of manufacturing may not be penalized but may actually take
advantage of a system which is based on the product. Some manufacturers may
make a "light" product but conduct their operations in a ghastly manner, with
scrap heaped about, poor control over fumes and over noise, etc., despite the
fact that their use is termed "light industry".

3-1

As a result of these inequities systems have been developed which categorize
uses by the actual impact of the use in terms of glare, noise, smoke, fire
hazard, risk of explosion, dust and fumes among others. The manner in which
this works requires the monitoring, at least on an occasional and, best, a
regular basis, of the actual conditions found in the industrial uses. If a use
slides out of compliance with the environmental impact limits for its district
it may then be cited and in extreme cases made to desist. This approach is
quite fair in that it rewards good industrial plant management and penalizes bad
management.

In the preparation of the Phase I of this zoning code update a brief review of
the potential for performance zoning for industrial was addressed. At that time
New Castle County staff working on this project indicated both their interest
and serious concerns about this approachh. Their interest, while quite keen,
was tempered by a concern that the County simply could not make the transition
to performance standards at this time. Their reasons were powerful and
legitimate. They were based on the fact that specially trained staff, using
sophisticated and relatively expensive equipment, would be needed to monitor
compliance. This change in the requirements and its related budgetary and
administrative problems were not within reach in the near term. As a result the
staff believed that while this type of system should be considered it would be
best to concentrate, during this code update phase, on ideas which would
strengthen and improve the present code, without changing its basic product
related structure.

The consultant team has not generated a system of performance zoning for New
Castle County. Such a system was both beyond the potential of the current study
and needing of input from the potentially affected industrial users themselves.
There exists a substantial body of excellent literature on the structure,
methodology, and impacts of such systems. This literature would permit the
County to organize a system suitable to its needs with only a moderate amount of
additional research and testing. in particular, a text by Marvin A. Salzenstein
prepared for the American Society of Planning Officials (ASPO) entitled
Industrial Performance Standards provides an excellent overview of this subject.
It covers such issues as design standards, writing the ordinance, and contains
specific approaches to standards for air pollution, toxic matter, noise,
vibration, fire explosive hazards, glare and others. Further, it includes a
glossary of terminology and sample ordinances.

In conclusion, it is a strong recommendation of the study team, that New Castle
County develop a performance system of zoning for its industrial activity. This
recommendation is based on actual County need. The need is to regulate, with
consistency, a complete and full spectrum of industrial activity. New Cast *le
County faces unusual challenges. It is a large area, including the "heart" of
Delaware's industrial base, and encompasses virtually every type of industrial
use. As a result, ordinary use lists will always be inadequate.

3. Current County Practice

There are two principal problems facing New Castle County's industrial land use
regulation efforts. Firstly, as noted, the full specturm of industrial use
found in the United States is found in the County. Secondly, a key purpose of
adequate zoning regulations is to allow the County to reserve ground for these
activities, yet because their regulation is difficult these uses are seldom

3-2

welcomed. The question facing this zoning code update effort is: can the
County improve its industrial zoning system so that additional ground can easily
be made available while protecting the interests of the other users in the
County? The discussion of the current code and proposed changes in the
following sections is an attempt to refine and improve the present system so
that the granting of industrial zoning to new sites can be accomplished with
more assurance that the resulting use will be both an asset to the County and a
good neighbor to adjacent uses.

Over the period, now about 50 years, that zoning has been in use in the United
States, there have been numerous complaints, law suits and heated arguments over
whether or not zoning controls are reasonable. Users denied permits are, in
their view, injured persons, while neighbors to uses permitted, but objected to,
also see themselves as injured persons. The real value of zoning controls is
their ability to provide a degree of assurance that uses will not be injurious
to each other. Controls which seem strict are, in many cases, the correct
approach to creating a compatible system. It may be better to have a system
which puts some burden on manufacturing uses, but permits them, than to have a
highly exclusionary system, such as often sought by potentially affected
parties.

4..The Industrial Districts

A. Introduction

The current New Castle County Zoning Code system for industrial or manufacturing
uses is in a format identical to the rest of the code ie. it is set up around a
permitted use list and area and bulk regulations. Modifications to this system
must be structured in a parallel manner as they evolve and it is this type of
modification which will be explored. It should be restated that this type of
structure is particularly well suited for industrial zoning due to the enormous
operational variety which may exist within the same "use". Despite this
pervasive difficulty it is possible to improve the utility of the industrial
zones, to make them more readily "mappable", The approach to improving the
usefulness of the industrial sections should be one which demands improved site
design and more careful attention to site edges, and to the physical
configuration of the developments. These are traditional zoning concerns and
can be regulated without administrative or staffing impacts of a significant
nature.

B. Basic Structure of the Use Controls

The basic structure of the present code calls for progressively more "noxious"
uses to be permitted in each of the three industrial districts. At present,
this structure is reflected entirely in the permitted use lists as there are no
major distinctions among the industrial classifications in bulk and area
controls. Therefore, these use lists must be the first order of concern. Table
1 which follows is an abbreviated summary of the uses permitted in each of the
manufacturing districts. This summary illustrates the degree of order in the
overall structure and provides some insight into the intended activities in each
district.

The structure of this system can be understood by tracking certain types of uses
through the code. Manufacturing in M-1 is confined to "final products" and

3-3

TABLE 1

Uses Permitted in M Districts

m-2 m-3
M-1 all uses in M-1 and: all uses in M-2 and:

offices
(not professional) junk yard slaughter house
cookinq - baking natural gas storage bleach and'chlorine
laboratories oil storage manufacture
manufacturing (refinery related) corrosive acid
(no basic materials auto assembly 2 manufacture
light manufacturing chemical manufacture fertilizer
(electric power) concrete mixing manufacture
utility substation machinery manufacture hide curing & tanning
bottling works (power forges) public incinerators
building supplies metal products linoleum manufacture
fuel storage (retail) (no basic products) oil refinery
freight terminal rubber products ore smelting,
warehousing/wholesale (tires) blast furnace
petroleum storage all other industrial 3 WITH ZONING BOARD
(underwriters approval) (except those in M-3) APPROVAL:
accessory commercial highly flammable
(10% limit) cellulose
explosives-fireworks
animal glue/gelatin
paint varnish lacquer
reduction of garbage
or dead animals
other industrial
uses

1. "...free frcm disturbing odors and other factor s". 23-34 (5)
2. "...not involving noxious odors or danger from fire and
explosives..." 23-35 (6)(b)
3. "...provided, that it is no more objectionable from the point of view
of smoke, fumes, noise..." 23-35 (6)(k)
4. "Any ... use ... which would not, through the emission of excessive
smoke, fumes noise,... prove injurious to the safety and welfare of
the neighborhood..." 23-36 (3)(f)

P2:33

3-4

restricted in terms of machinery types. In M-2, machinery manufacture is
permitted including power forges and so forth. In M-3 "other industrial uses"
in addition to the list provided are permitted. A progression in their
intensity is intended and is present. Fuel and petroleum products may be
If stored" in M-1, oil storage-refinery related and chemical manufacture are
permitted in M-2, and oil refineries are permitted in M-3. Again a progression
exists. The comments which follow on each district examine, in more detail the
permitted uses and suggest some of the problems which may occur. Further, as is
mentioned repeatedly in this Phase II study the impact on the landscape of a
development is determined by both its permitted uses and its bulk and area
controls - which are reviewed in the next section.

C. Comments on the M-1 District

The M-1 district has a very broadly defined list of permitted uses but some
constraints are placed on the potentially difficult uses. The notes which
follow are intended to highlight the manufacturing aspects of the M-1 district.
The following excerpts from the code describe the manufacturing uses.

(4) Manufacture of the following: Clothing; electrical appliances; food
products preparation; leather goods; machinery parts and accessories, such
as bolts, nuts, screws, washers, gears, etc., provided power forges are not
employed on the premises; small tools, provided power forges are not
employed on the premises. In no case, however, shall basic materials be
processed on the premises.

(5) Such other types of light manufacturing as are similar in character to
those enumerated in the preceding paragraph, employing electricity or other
non-objectionable machinery and processes, and free from disturbing odors
and other factors.

Among the uses described in these paragraphs are a number of uses known to be
"difficult neighbors" if they are not conducted with considerable care. These
include "food products preparation" and "leather goods", but moreover the
catch-all nature of this description is particularly worrisome. Further, use
number "(2) laboratories: research, experimental or testing" is also fairly
loose. A laboratory which works with animals may be built, as can one which
tests potentially dangerous substances. This may be a cause for concern in the
"lowest" industrial category. Further, an inconsistency exists in that there is
no listing in M-1 which states that uses specifically permitted in M-2 or M-3
are prohibited. Such a listing exists in M-2.

D. Comments on the M-2 District

The M-2 district has all the uses permitted in M-1, plus a variety of others,
each having its own potential, if badly managed, to become a serious nuisance.
Several full use listings aro included to illustrate this potential.

(2) A junk yard, including the open storage of metal or other scrap
materials, or of automobiles or other vehicles or machinery intended for
dismantling or demolition, in each case provided it is within an area fully
enclosed by a solid fence or wall of sufficient height to screen adequately
the operation from public view.

3-5

(3) Storage of illuminating or natural gas; provided, that no tank with a
capacity in excess of five hundred thousand cubic feet shall be within less
than one hundred feet of any lot line; and provided, that, if the pressure
is greater than one hundred pounds per square inch, no tank with a capacity
in excess of two hundred cubic feet shall be within less than one hundred
feet of any lot line.

(6) The following manufacturing and industrial uses, subject to the
requirements for parking space and loading space in article IX of this
chapter:

(a) A plant for the assembly of automobiles or farm equipment.
(b) Chemical manufacture not involving noxious odors or danger from
fire or explosives, such as adhesives, calcimine, salt processing
and vegetable gelatin, glue and size.
(c) Concrete central mixing and proportioning,plants.
(d) Electricity or illuminating gas production plants.
(e) Food products, manufacture of.
(f) machinery, light and heavy, manufacture and repair, including power
forges.
(g) Metal and metal products manufacturing, processing, fabrication
and assembly, but excepting the processing of. basic products of
such metals from raw materials including open hearth furnaces and
Bessemer converters.
(h ) Rubber products, including tires and tubes and tire recapping.
(i) Shipbuilding and ship repair yards.
(j) Wood and lumber, bulk processing including saw mills, planing mills
and wood-preserving treatment.
(k ) Any other manufacturing or industrial use not listed in section
23-36 as an additional use permitted in M-3 districts; provided,
that it is no more objectionable from the point of smoke, fumes,
noise, odors or dust than the permitted uses listed above.

Clearly, the M-2 district is intended to accommodate relatively heavy industry
Some of the listings reproduced here are well known troublesome uses, but they
are uses which must be accommodated in a full spectrum code. In brief ,
junkyards - but they must be screened from public view (is their appearance the
only negative effect?); storage of huge amounts of natural gas - 100 feet from
the lot line (would 100 feet make any difference in the event of a serious
mishap?); chemical manufacture "not involving noxious odors" etc. (who is to
test/judge whether compliance is achieved and what odor is noxious?); "concrete
central mixing and proportioning..." This use is definitely very noisy and
dusty and requires heavy truck traffic; and "metal a 'nd metal products
manufacturing...", there is no prohibition on heavy forges nor is there any
statement concerning their output of noise or vibration, although basic
furnaces, ie. steel mills are excluded.

E. Comments on the M-3 District

The M-3 district is the "heaviest" district and must accommodate basic, large
scale uses. Although a specific use list is provided, the clause (3) (f)
reads:

M Any other manufacturing use not expressly prohibited by law

3-6

which would not, through the emission of excessive smoke,
fumes, noise, odors or dust, prove injurious to the safety
or the welfare of the neighborhood into which it proposes to
go or destructive of property values.

It could accurately be stated that this is the catch-all of industrial
districts, A short selection of the permitted uses is included below, prefaced
by the lead paragraph which places certain "ultimate" limitations on industry in
New Castle County.

(2) The additional manufacturing and industrial uses listed below, subject
to the following provisions: Requirements for parking space and
loading space in article IX of this chapter; the employment of practicable
protective methods available to each particular industry for reducing the
hazard from fire or explosion and preventing the impairment of the value of
nearby residential or commercial property through excessive noise or the
emission of excessive smoke, fumes or odor.

(a) Abbatoir or slaughter house, subject to conformance with
regulations of the state board of health.
(b) Bleaching powder, ammonia or chlorine manufacture.
(c) Corrosive acid manufacture, such as sulphuric, nitric, picric or
hydrochloric acid.
(d) Fertilizer manufacture from organic material, or the compounding of
such fertilizers on a commercial scale.
(e) Hide curing and tanning.
(f) incineration of refuse or garbage when controlled by the county or,
a municipality thereof.
(g) Linoleum manufacture.
(h) oil refinery, including the processing of natural crude petroleum
projects and processes related and accessory thereto.
(i) ore smelting, blast furnace, coke oven, open hearth furnace or
Bessemer converter.

With the concurance of the Board of Adjustment the following uses are
permitted:

(a) Proxylin manufacture or processing; the manufacturing of explosive
or highly flammable cellulose products.
(b) Fireworks or explosives manufacture.
(c) Animal glue, gelatin or size manufacture.
(d) Paint, varnish or lacquer manufacture.
(e) Reduction of garbage, offal or dead animals on a commercial basis.

In addition to the use lists there is a provision Section 23-37 which applies
only to very large businesses employing "more than seven thousand employees in
all shifts" and requires that the Department of Planning determine that the
proposed use. or enlargement will not "overtax" the street system, "seriously
impair" the adjoining residential neighborhoods or "prevent an economic use of
the lands in the vicinity".

Another footnote to the M districts is Section 23-38:
Section 23-38. Residential uses prohibited. 3-7

In an M-1, M-2 or M-3 district no building shall be used, erected or altered
for residential purposes other than a dwelling for a caretaker, watchman or
janitor employed on the premises.

This serves the very important purpose of protecting manufacturing zoned ground
from exploitive development.

F. Bulk and Area Controls

The present bulk and area controls for M districts are very -straightforward.
They are virtually identical for all districts. The features of these controls
are summarized on Table 2.

Table 2
Bulk and Area Controls

M-1 m-2 M-3

minimum lot size 5,000 SF 5,000 SF 5,000 SF
height limit 551 90, 1 90, 1

setback 401 401 401
rear yard 201 2 20' 2 201 2
side yard none 3 none 3 none 3

1. Or if setback of building is over 2 x height, height may be greater.
2. Or one half of height of adjoining building whichever is greater.
3. Or amount required in the abutting district.

One other important control on screening is incorporated in the text:

A solid fence or wall a mininum of five feet in height, or a landscape
screen, shall be erected along all property lines separating permitted uses
in M-3 districts from any lot zoned for residential use. Such solid fence
or wall or landscape screen shall not extend forward of the building setback
line.

Minimum lot size: All districts call for 5,000 square feet which is a very
small lot. This figure appears particularly small in light of the use lists
reviewed previously. It is difficult to imagine but an abbatoir
(slaughterhouse) would be permitted on a lot 50 feet x 100 feet. While this is
an extreme example this lot size minimum appears to be too low.

Height limit: Height limits become issues in relation to the size of the lot,
adjacent properties and appearance. The 90 foot limit with a 40 foot setback
again appears to be very generous. A 90 foot building is equal to about ten
stories in residential development. It is true that some facilities, such as
grain elevators, petroleum cracking towers, and others are tall and allowance
must be made for them.

Setback: The minimum 40 foot setback is reasonable in that it allows for some

3-8

buffer to be developed. However, the balance with the building height limit may
be termed very liberal.

Rear Yard: The rear yard requirement of 20 feet is very low, even when
qualified by "or one half the height of the adjoining building". A 100 foot
building would have to be 200 feet from the front lot line but only 50 feet from
the rear line.

Side Yard: None is required unless the property abutts C, R or 0 district in
which case the side yard requirement of the abutting district applies.

The bulk and area controls are clearly designed to permit full use of
industrially zoned sites. They were first generated in 1954, prior to popular
concern for the environment, in a strong expansionist period in the economy of
the country.

5. Possible Code Improvements

A. Introduction

Two general groups of changes appear likely to be of assistance in the County's
use of the manufacturing districts. Firstly, the bulk and area c 'ontrols could
be tightened to improve the compatibility of all M districts with other
districts, thus making it easier to map these essential districts. Secondly,
the lowest classification M-1 could have tightened use controls so that its
utility as a truly "light'! industrial district could be improved.

Effecting detailed changes in the use lists for all districts is very difficult.
In the development of this Phase II study it was found that no consistent
references exist to guide the development of a three tier use code system which
covers the very broad spectrum of uses found in the County. This discovery was
,somewhat surprising as it had been hoped, by both the team and Department of
Planning staff, that entirely new use lists, modern and comprehensive, could be
generated. What is suggested instead is an improvement in the controls of a
more limited nature.

B. New Bulk and Area Controls

The industrial districts have slightly different features and require different
controls. The bulk and area controls generate the basic design characteristics
of these developments and are therefore a major influence on their appearance
and impact.

1. The M-1 District

M-1 Bulk and Area Controls

M.inimum lot size: 20,000 sq. ft. (from 5,000 sq. ft.)
Note: This lot size permits appropriate setbacks and access design for small
Industrial users. While some older uses would become non-conforming their
pre-existing status would provide adequate protection for their interests. This
lot size is equivalent to an R-2 single family lot, and is sufficiently small to
permit normal entreprenurial activity. 3-9

Height Limit: 55 ft. (same as at present) but building height shall not exceed
the setback from the adjacent lot line.
Note: This type of limit will improve the compatibility with adjacent
development.

Setback: 40 f t. (same as at prese nt) but the minimum setback may not include
any required parking and shall be landscaped according to a plan submitted and
approved as under the @-ubdlvision process.

Rear Yard: 20 ft. minimum (as at present) but ten feet must. be provided as a
landscaped buffer along rear lot lines and this buffer may notbe used for
required driveways, parking or tire access areas or the setback required in thiT
abutting district whichever is greater.

Side Yard: 20 ft. minimum (present 'none) but eight feet must be provided a 's a
landscaped buffer along side lot lines or the setback required in the abutting
district, whichever is greater.
Note: The regulation of rear and side yards in this manner would greatly
increase the potential to create M-1 districts in areas which were residential
or commercial.

M-1 Use Controls

The preface to the use controls should contain the following statement:

Use Regulations. The specific uses permitted in this district shall be the
erection, construction, alteration or use of buildings and/or land for the
following uses, to be conducted wholly within a completely enclosed building
or in an inner court, except as otherwise specified herein.

The use list, which until performance -controls can be instituted remains the
same, should be concluded with the following conditions, designed to clearly
limit the scale of the operations permitted:

Use Conditions. The above uses are permitted only when the following
conditions are met:

(a) All uses in this district shall be carried on exclusively with off-site
prepared ingredients and/or materials;
(b) No use or process shall be carried on in this district which is
specifically listed in any M-2 or M-3 district;
(c) No kiln shall be fired except by oil, gas, or electricity, and no
individual kiln capacity shall exceed 200 cubic feet;
(d) No blast or reverberatory furnaces, or foundries shall be used;
(e) No punch or stamping presses over 20 tons rated capacity shall be used;
(f) No drop hammers shall be used;
(g) Any floodlights shall be focused onto the property, and no combustion or
welding shall be visible beyond lot lines;
(h) where any fully assembled product regularly produced by any use under
Section (1) above exceeds 2,000 pounds in weight, such use shall require
a Zoning Board of Adjustment Certificate.

The two changes above, borrowed and modified from the Philadelphia Zoning Code,
provided as an appendix in Phase I, are well suited to assure a reasonable

3-10

compatibility, regardless of the product being manufactured. The present use
list can be retained until a performance based system is adopted.

2. The M-2 District

M-2 Bulk and Area Controls

Minimum lot size: 40,000 sq. ft. (presently 5,000)
Note: The M-2 uses are genuinely "heavy" industrial. In order for any site
buffering opportunities to exist the lot size should reflect the "heavy" nature
of the use.

Height limit: 90 ft. + (same as at present) but building height must not exceed
the setback from any lot line.

Setback: 40 ft. .(same as at present) but -the minimum setback may not include
any required parking and shall be landscaped accoFd-lng to a plan submitte-d--a-ncT
approved as under the subdivision process.

Rear yard: 40 ft. minimum (20 ft. at present) but ten feet must be provided as
a landscaped buffer along rear lot lines and this buffer may not be used for
required driveways or fire access areas.

Side yard: 20 ft. minimum (present none) or the amount required in the abutting
district whichever is greater. A minimum of eight feet must be preserved as a
landscaped buffer which does no t include required driveways, parking or fire
access lanes.
Note: The s'@; -regulations for rear and side yards are not onerous and will leave
considerable flexibility in the development of adjacent sites. Buffer strips,
also called for in M-1 are potentially very valuable. They would permit the
later development of screening if needed and serve, when combined with the
setback/rear yard requirements in adjacent districts, to provide an important
strip of open space between uses.

M-2 Controls

While strengthened bulk and area controls are helpful there are a few instances
where the use controls in M-2 should be strengthened:

0 junkyard: The requirement to screen from public view is good but a
further requirement beyond "fully enclosed" such requiring a landscape
screen of 25 ft. from all street frontages might make it possible to
permit, with less public outcry, new junkyards if they are needed.
o gas storage: 'The setback requirement appears minimal at 100 ft , A much
larger distance, perhaps 200 ft. or more might prove both safer and more
compatible with other uses. on those rare, occasions when major
problems have occurred with flamable gas storage - always under pressure
- the resulting conflagration has been of monumental scale.
0 Concrete mixing: This use is very dusty and should be set back from any
roadway at least 200 feet. Even this large distance will not keep the
dust from being an issue in areas nearby, but it would help. This idea
has become more important because temporary portable mixing facilities
are now in use. They can be set up on virtually any site near the user
of the concrete.

3-11

3. The M-3 District

M-3 Bulk and Area Controls

While some important differences in uses do exist it is unrealistic to attempt
to treat M-3 differently from M-2 in terms of bulk and area controls and we
would recommend the same system as M-2.

M-3 Use Controls

M-3 encompasses the very most intense industrial uses and therefore has a very
intense use list (refer to Table 1). Many of these uses have the potential to
be very destructive to adjacent properties should they be managed incorrectly.

We would not recommend changes to the use lists at this time but rather would
suggest a change in County Use Management activity. Safety cannot be assurred
by setbacks, unless they are extremely large, and other means must be found to
achieve it. The various references in the code, albeit not quantified, to
performance standards must be taken seriously and become active parts of County
policy. Paragraph (2) in M-3 reads in part, "additional manufacturing ... The
employment of practicable protective methods available to each particular
industry for reducing the hazard from fire or explosion and preventing the
impairment of the value of nearby property through excessive noise ... smoke,
fumes, or odor." This paragraph, while subject to interpretation, actually
would allow County staff to establish a minimal system of performance controls.
When a plant smells excessively, for long periods, it becomes a non-conforming
use which may be cited and, failing to comply, actually prosecuted. Further,
the County has the right, under the code, to ask what safety measures are being
taken and to investigate what the standards of that industry are. Failure to
comply with that "standar.d practice" would, technically, make many uses
non-conforming. While these approaches to problem uses might, at this time, be
employed only rarely, an important precedent would be set. New Castle County
government has the responsibility to manage these land use conflicts and should,
in important cases, do so vigorously.

P2:32

3-12

CHAPTER 4

Board of Adjustment

1. Introduction

As zoning ordinances have been adopted and administered throughout the country,
recognition of the need to allow for adjustments to the regulations for unique
circumstances has led to the formation of citizen boards to hear and adjudicate
cases where adjustments are desired. In New Castle County, this power has been
given to the Board of Adjustment, appointed by the County Executive for terms of
four years; the Board's powers and duties are described in sections 23-82
through 23-85 of the zoning code. The Board hears applications for variances,
both to use restrictions and to height, bulk, and setback regulations, for
11special exceptions" for temporary and permanent uses, and for appeals of
decisions of county administrative staff.

This study includes a review of the process and results of the Board of
Adjustment's procedures, a comparative look at other municipalities' procedures,
and recent zoning techniques applied elsewhere in the country. In so doing,
effort has been made to identify places where streamlining can occur. A closer
look was taken at the special exception uses, standards applicable to these
ses, fees charged, and other areas of particular concern identified while the
study was in process by the consultants and the staff of the Department of
UPlanning.

2. Activity of the Board of Adjustment

In order to grasp the issues addressed by the Board of Adjustment, all cases
heard by the Board in calendar year 1981 were categorized by zoning district and
type of relief sought; this data is summarized on the chart which follows. The
Board heard a total of 307 cases, of which only 24 were denied. Such a small
denial rate implies that a considerable number of issues before the Board are
non-controversial in nature. Looking at the largest categories of caseload by
type, we find 78 of the 307 cases (25%) were for temporary trailers, 49 cases
(16%) were for variance of front yard setback requirements, 39 cases (13%) for
side yards, 28 cases '(9%) for rear yards, 33 cases (11%) for temporary use
variances, and 23 cases (7%) for permanent use variances. Aside from 6 day care
applications (2%), only 17 special exception uses (6%) were heard during 1981.

Combining front, side, and rear yard setback variance cases, 117 cases (38%)
were heard in 1981, and all were granted. Looking at the distribution of the
yard variances, there is a concentration in the R-1-C district; 23 cases were
for front yard setback relief and 23 for side yard setback relief in this
district. While the side yard requirements for this district are proportionate
to the reduced lot size in relation to other single-family districts, the
required front setback is 25 feet the same as R-1-CC.,

Recommendations:

1) Section 23-14 of the zoning code empowers the Director of Planning to grant
some minor variations of area, width, setback, and yard requirements for
single-family homes in R-1 and R-2 districts. Expansion of the

discretionary powers of the Director would eliminate a large number of
variance hearings relating to setback requirements.

It is recommended that, at a minimum, the planning director be given
discretion to approve setbacks and yard dimensions for one-family residences
in R-1 and R-2 districts deficient ten percent or less of the requirement;
this would parallel the 10 percent lot area discretion already in the code.

2) A 20 foot front yard depth should be considered for the R-l-C district, as
this district permits development on smaller lots and no proportionally
smaller front yard requirement is now allowed.

4-2

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3. Temporary Uses

A large proportion of the cases coming before the Board of Adjustment were for
temporary trailers (78 cases, or 25%), and other temporary use variances (33
cases, or 11%). A review of other codes yielded three with sections on
temporary uses or structures or temporary trailers.

A. Construction-Related Temporary Uses

Some municipalities allow construction trailers, either as offices or as other
equipment sheds, or both, but these are more frequently covered in the building
codes than the zoning codes. Such temporary structures are thought of as a
matter of right, and are allowed in conjunction with a permit for new
construction or major rehabilitation and may have some limite d controls such as
setbacks frcm site perimeters.

B. Residential and Other Temporary Uses

Temporary trailers are requested for a variety of reasons. Relatives of the
owners of single-family houses, frequently a son or daughter and spouse, may
need inexpensive housing to get started with a new household prior to investing
in their own permanent residence. older relatives in poor. health or beyond the
normal working years may wish to reside adjacent to, but not with, their younger
relatives. A mobile home unit may be needed for shelter when a house has been
accidentially destroyed. Institutions experiencing temporary swells in
enrollment may need temporary trailers to continue their full services to the
enlarged client population. Of the applications presented to the Board of
Appeals in 1981 for temporary trailers, only 9 percent were denied. Staff
indicates that the major concerns in allowing temporary residential trailers are
that they remain mainly in the R-2 district, that they be authorized for family
members only, and that they be truly expected to be temporary in nature. These
and other criteria.could be written into a code revision allowing such temporary
trailers as of right, with some limited regulations or permitting the Director
of Planning or his designee to approve temporary trailers after proof of
compliance with conditions.

C@ Other Communities' Codes

A review of the three ordinances which deal with temporary uses may be helpful.
The code provisions for temporary structures in Prince George's County, Maryland
allow for special exceptions for temporary structures, including produce stands,
tool sheds, contractor storage buildings, and real estate signs. . The Town of
Hempstead, New York permits temporary trailers for residents of a single-family
residence which has been damaged by f ire or act of God, for a period of six
months, with one three month extension permitted. The City of Rochester, New
York's zoning has a section on temporary uses which require approval of the
Director of Planning and Zoning and issuance of a Certificate of Occupancy.
Sections of these three codes are reproduced in their entirety at the end of
this chapter, noted as items A, B, and C in the appendix.

Recommendations:

It is recommended that a new section of the zoning code on temporary uses be
prepared. Such a section should include construction-related temporary uses as

4-4

of right, for periods of 18 to 36 months, depending on size of the construction
project, seasonal uses, and temporary trailers on the same parcel with
one-family residences, with strict conditions for their approval. New Castle
County already allows for renewal of temporary uses by the Director of Planning;
this power should be retained and defined in the code.

4. Standards and Definitions

The structure of many zoning ordinances lacks clarity in definition of terms as
they relate to granting of variances and special exceptions. kanners, citizen
board members, lawyers, developers, and more sophisticated neighborhood groups
have an understanding of what is meant by an "area variance", a "use variance"
or a "special exception" (special permit). Some of these actors are aware of
the concepts of unnecessary hardship and practical difficulty. However, when
cases are challenged in the courts after zoning hearings and board decisions,
-the tests of the boards' decisions frequently rise or fall on the ability to
define and measure these terms. General standards for granting any of the forms
of relief from a zoning code (use variance, area variance, special permit)
include' such concepts as lack of undue adverse impact on adjoining properties
and uses, inability of the parcel to be developed for a permitted use or with
required area and bulk dimensions, need for the service -in the community, at
that particular location rather than another location, etc. But in addition to
these standards which should be present for granting of any of the forms or
relief, there should be specific standards related to each type of variance and
special exception.

ages included in applications for area variances and for use variances in
Rochester, New York are included as Appendix D. These pages indicate specific
P

standards required for granting variances, and require the applicant for a
variance to respond directly to each standard for that type of variance. Such
clarity of standards is useful for the applicant, the Boardl and for court
action-if a--decision of,the,Board is challenged.

New Castle County's code does not currently define types of variances or the
burdens of proof for these variances. While in common practice, the Board of
Adjustment members and staff are likely to recognize the types of variances that
refer to area requirements in the code and those that refer to use requirements,
formal recognition of these distinctions would strengthen the ordinance. For
example, referring back to Chart I, the first four columns, lot width, front
yard, rear yard, side yard, and lot area, refer to area requirements. In
addition, signage areas and parking space requirements can effectively be
grouped under the area requirements. The remaining columns refer to use
variances and special exception cases% temporary trailer, use variance,
temporary use variance, conversion to two-family use.

It is recommended that the terms "use variance", "area variance", "unnecessary
hardship",, and "practical difficulty" be defined in the code , either in the
definition section, or in the section on the Board of Adjustment. Major
concepts that should be included in the definitions follow:

Use Variance: A variance of any provision of the code' relating to uses of
land or structures which are permitted or specially permitted
in any district.

4-5

Area Variance: A variance of yard, bulk, space or height requirements,
including the limited discretion given to the Director of
Planning to grant administratively according to the provisions
of this zoning code. Alsof any waiver of required parking,
loading, or other service areas related to the principal use of
the subject lot or parcel.

Unnecessary
Hardship: Strict application of the provisions of the district
regulations would result in the inability 'to utilize the
subject properly for any of the permitted or specially
permitted uses. The hardship must be related to the unique
circumstances of the property, must not be self-created, and
must be shown by specific facts.

Practical
Difficulty: Unique physical condition exceptional as compared to other lots
or parcels in the district, due to unique physical condition,
such as pre-existing use, irregularity of parcel shape,
shallowness or narrowness, substandard or marginal size,
exceptional topographical features. Such features must be of
such consequences as not to be merely inconvenient, must not be
self-created, and the carrying out of the letter of the code
would result in denial of substantial rights to use the parcel
for a permitted or specially permitted use.

5, Procedures,

In addition to streamlining the -Board of Adjustment operations by amending
often-varied sections of the zoning code and thus reducing their caseload of
minor revisions and temporary uses, organizing their procedures at hearing and
deliberation.. sessions-- can be undertaken. A significant way to organize
deliberations is to prepare and use tally sheets of specific standards for
granting variances and special exceptions; this, of course depends upon the
existence of clear and meaningful standards for variances and each of the
special exception uses. In recent years, courts have been increasingly
demanding of municipalities to employ objective standards for granting or denial
of variance and special exception applications, and to provide written findings
related to these standards to support their conclusions.

Upon adoption of specific definitions for the major categories of variances and
burdens of proof, findings for decisions of the Board may be done on tally
sheets which identify the type of variance sought, the hardship or practical
difficulty claimed by the applicant, and notations may be made for each of the
demonstrations of proof of that type of hardship. Then, written findings may
be drawn up from the review of the tally sheet(s). The tally sheets would also
list the general conditions for granting a variance or special exception; that
the proposed use or structure would not be materially detrimental to the public
health and enjoyment of other properties in the vicinity, that the use or
structure would not substantially increase traffic congestion, would not
overburden existing public utilities, nor cause neigb-boring properties to be
less valuable and useful for their highest permitted use, and that the use or
structure would be in harmony with the purposes and intentions of the
comprehensive plan. The review sheets developed for variances and special

4-6

permits in Rochester, New York are included as an example of this type of
procedure and are included as Item E in the appendix.

6. District Boundary Lots; Transitional Uses

Concern has been expressed over the extent of authority of the Board of
Adjustment over extensions of uses beyond district boundary lines into more
restrictive districts., One way of dealing with this problem, is, of course, to
require application for amendment of the district boundary, with concomitant
legislative procedings.

Another approach would- be to include a list of permitted uses for district
boundary lots, with special standards for treating the design of such uses so as
to have a minimal adverse impact on adjacent uses usually residential. Parking
of automobiles is generally considered an acceptable "transitional" use between
commercial, industrial or office and residential uses. The code could be
amended to permit transitional parking for the first 100 or 200 feet beyond the
zoning boundary, subject to setback, screening and landscaping requirements.
The parking lots so permitted should be limited to the parking of automobiles,
and should not include loading facilities or areas for service vehicles.
Offices and/or quiet, non-odorous research facilities may also be considered
acceptable as transitional uses.

Some zoning ordinances have provisions that allow boundary lots to be used for
any of the uses permitted in the next less restrictive zoning district, subject
to setback and bulk regulations of that district. If the existing districts can
be thought of as a hierarchy of uses from the most restrictive R-1 to the least
restrictive M-3, boundary lot rights to more intensive uses would accrue to lots
where the adjacent district is two or more districts up in the heirarchy. The
heeirarachy in New Castle County's existing code is: R-1, R-2, R-1-C, R-1-CC,
R-3, R-4, 0-1, 0-2, C-1, C-2, C-3, M-1, M-2, M-3. If a lot zoned R-2 were the
last lot adjacent to a C district,.. then the first 100 feet of the lot could be
used for a use in the R-3 district list. Conversely, lots on boundary locations
adjacent to more restrictive districts could be restricted, for their first 100
feet, to uses which are permitted in the first more restrictive disctrict.
Wording would be as follows:

District boundary lots bordering less restrictive districts. In any case
where a district boundary lot has a lot line in common with a lot in a less
restrictive district which is not the next less restrictive district, or is
across a right-of-way from a lot which is not in one of the next two more
restrictive districts, then the lot may be devoted to a use permitted in the
next less restrictive district, subject to approval of the site plan by the
Director of Planning or his designee and subject to limitation of the use to
the first 100 feet from the district boundary line.

District boundary lots bordering more restrictive districts, In any case
where a district boundary lot has a lot line in common with a lot in a more
restrictive district which is not the next more restrictive district, or is
across a right-of-way from a lot which is not one of the next two more
restrictive districts, the lot shall, for a distance of 100 feet from the
zoning boundary line, be subject to all of the regulations of the next more
restrictive district.

4-7

An example of the use of this provision is illustrated below. The
properties zoned C-2 would be limited to C-1 uses for the rearmost 100 feet
of the lots, where they have common lot lines with residential rear yards.
Accessory uses, such as parking, normally permitted in the C-2 district,
would be permitted.

4-8

7. Special Exceptions (Special Permits)

The terms "special permit", "special exception", "conditional use permit", and
special-use permit" are all considered synonymous; the implications of the
term "special exception", however, are more restrictive than the other terms,
which tend to indicate that the use in question is permitted, but requires
special treatment. That New Castle County's code employs the term "exception"
may not be reflective of the generally permissive attitude toward development
proposals and uses so listed; indeed, except for day care, none of the special
exception cases heard in the 1981 year were denied. Switching to one of the
other terms should be considered.

Recent trends in zoning legislation have included some interesting new uses of
special permits, including the control of growth and the introduction of
requirements for special amenities on the site of proposed special permit uses.
Most zoning ordinances which were reviewed in the preparation. of this report
lack a specific definition of special permits or special exceptions. By
defining the term an ordinance gives clarity to the fact that these uses are
considered compatible with the districts in which they are listed, but require
attention to details or conditions that will make the uses good neighbors for
nearby properties. It is recommended that the term "special exception" (or
91special permit") be defined in section 23-85. Suggested wording is as follows:

Special exception (permit) uses are those uses having some special impact or
uniqueness which requires a careful review of their location, design,
configuration and special impact to determine, against fixed standards, the
desirability of permitting their establishment on a particular site * They
are uses which may or may not be appropriate in a particular location
depending on evaluation, in each case, of the public need and benefit
against the local impact and effect.

Increasingly, revisions of ordinances have sought to add more specific standards
for the granting or denial of special permit applications. Availability of
necessary utilities such as water, sewer, public roads, etc. is a practical
standard, and this standard has been used in some municipalities to control the
growth of the community. The town of Ramapo, New York requires that all new
residential development be approved through a special permit process; their
provision was challenged but was upheld by the highest court in that state.
Among the considerations are the adequacy of school facilities and fire fighting
equipment in the area.

A. S ecial Exception (Special Permit) Standards

A brief review of the standards for each special exception in the code was
undertaken. Most of the uses have adequate special controls, but there are some
opportunities for improvement. The following standards may be considered as
additions to the code standards under the uses listed:

Country Club, Golf Course:

Any lighting shall be fixed so as not to glare in the direction of
adjacent residentially zoned or utilized properties.

Parking and loading facilities shall be screened and/or set back a

4-9

minimum of 10 feet from adjacent residentially zoned or utilized
property. (See also recommendations in Chapter 6, Off-Street Parking.)

Golf or any other active outdoor recreational facilities (tennis,
swimming pool, etc.) within 200 feet of adjacent residentially zoned or
developed property should be operated only during daytime hours.

Sub-station, electricand gas:

Any equipment designed for exterior placement on the site must be
adequately screened from view by fencing, evergreens, walls, or a
combination thereof, and dangerous equipment adequately fenced from
unauthorized entry.

Mink and Fox Farms:

Fencing is required to positively contain the movement of animals within
the property.

Day care centers:

Outdoor play space required per child (50 square feet) is small compared to
other communities' codes; 100 to 200 sq. ft. is common.

- Outdoor play space of at least 100 square feet per child should be
provided.

- Outdoor play activity areas shall be separated from adjoining residential
property by a minimum of fifty (50) feet or by a buffer sufficient to
ensure visual and auditory privacy to the residential properties.

B. Zoning Administrator/Hearing officer Approach to Special Permit Processing

In recent years, a number of ordinances have been developed which place the
responsibility for hearing special permits in the hands of a staff
administrator.* This approach does, of course, remove special permits or
special exceptions from the caseload of the Board, but the hearing process is
maintained, allowing for public testimony. Cases are decided based upon a tally
of points related to the specific criteria for granting each type of special
exception use and on the general standards for all uses. Due to the relatively
small number of special exception uses heard by the New Castle County Board of
Adjustment, it does not appear to be necessary to set up such new administrative
procedures. If the load of special exception cases increases considerably in
the future, however, this approach may be highly desirable.

* The following communities have hearing examiners who decide on special
permits, special exceptions, or conditional uses: Anne Arundel Co., Maryland;
Xenia, Ohio; Seattle and Tacoma, Washington; Portland and Eugene, Oregon.

8. Structure of Fees for Zoning Applications

A review of subdivision and zoning fees undertaken by the Planning Advisory
Service and a survey of planning officials involved in administering such fees

4-10

yielded a good cross-section of approaches to fees. Most municipalities charge
flat fees for zoning variances, zoning amendments, and special permits. Where
there are variable fees, they are related either to the costs associated with
processing that type of application or to the intensity of the proposed use (or
the number of dwelling units proposed). In cases where the municipality is
attempting to recoup costs, generally only 10%-60% may be recouped through
zoning fees.

The ability to charge zoning and subdivision fees has been reviewed and upheld
by the Courts, and is generally accepted by the development community. Care
should be taken to see that the fees are fair and consistent, that they relate
to what is charged in neighboring areas, and what the traffic will bear.
Proposals requiring a two- or three-step review and hearing process may
logically carry a higher fee.

New, Castle County employs the variable fee approach wiith higher fees for
variances in commercial and industrial districts, but there is not a clear
relationship between proposed uses and/or their potential profitability and the
fees assigned. Office, commercial, and manufacturing uses generally require
greater construction cost and reap profits uncharacteristic of residential
development; it would be more logical for the application fee to relate to
proposed use rather than the district the proposal is located in.

The range of fees is quite wide, and without any clear pattern based upon the
scale of the proposed development, its potential profit or difficulty of
approval process. For example, special exceptions for temporary uses or signs
cost $35.00 each, while special exceptions for tourist homes in R-2 are $500;
many other special exception uses carry $200 fees. If the differences between
fees were less, the choices of which uses should be charged which fees would be
less difficult. Consideration should be given to raising the lowest fees while
lowering the highest fees. The highest fee, $1000 for "large residential
developments" appears to be for a review of development where the process is
almost the same as a Planned Unit Development (P.U.D.), and perhaps the fees
should be identical.

To simplify the fee structure, uses charged certain fees should be listed
specifically, under categorical headings. An example follows:

Fee Fee
(St"tle4 ) (Existing)
Temporary uses and temporary signs $ 50.00 $35.00
Administrative Area Variance 50.00 ----
Residential and Related Uses: 5.0.00
o Variance of area requirements .1 35.00
o Appeal of residential boundary or
administrative decision 100.00
o Special Exception for: Day Care, Kindergarten,
Preschool, Orphanage, Conversion, etc. 50.00

Non-residential uses in Residential Districts 500.00 200.00
o Golf course, country club, mink or fox farm or
01similar uses", electric or gas substation, 500.00
nursing home, hospital, sanitarium

4-11

Commercial Uses 500.00 200.00
o Telephone office, radio or television tower, or
gas station in C-1, outdoor theatre, bowling 500.00
alley, pool hall, skating rink, etc.

Manufacturing uses 500.00 500.00
o Heavy industrial uses in paragraph (3)
of section 23-36.
o Materials excavation pit

in residential districts

Some apparent contradictions or confusing points in the f ee schedule should be
noted. A temporary sign special exception is listed as $35.00, while Section
23-85 (1)(0), for a temporary sign is $200.00. The fee for a special exception
to extend nonconforming use, Section 23-85 (1)(n) is $200-00, while the fee to
continue a noncorming use, Section 23-85 (1)(m), is $500-00.

The most direct way to streamline and simplify the zoning fee schedule is to
utilize flat fees rather than varied fees. For example:

Administrative Area Variance (by Director) $ 50.00
Regular hearing - Board of Adjustment $100.00
Temporary Uses 50.00
Special Hearing -Board of Adjustment t000.00
Reqular Meeting - County Planning Board 100.00

9. Caseload of the Board of Adjustmennt

The Board heard 307 applications in 1981, or an average of 25.6 cases per month.
The distribution of this caseload was not equal throughout the year. Looking at
Chart 2 below, we find that the caseload was low during the first four months of
the calendar year, about average in May, June, and December, and higher in the
five months between July and November, inclusive. Only in three months,
however, did the Board need to meet more than twice. These were months in which
there were "special hearings" for which applicants paid the $750.00 fee to have
the privilege of a hearing with the Board apart from their regular schedule. As
the Board members are remunerated for their attendance at meetings, and have the
right to set dates for special meetings, these should not be considered an undue
burden on the Board. overall, the schedule of meetings corresponds in part to
the vicissitudes of the construction season cycle, and does not appear to be
unnecessarily rigorous. No change is recommended in the number of meetings for
the Board; adoption of some of the recommendations for making some regulations
less restrictive given earlier in this section should aid in shortening the
length of the meetings by reducing the number of cases at each meeting.

4-12

IHART 2
'I Board of Adjustment - Caseload by Meeting - 1981

onth Jan. Feb. Mar. . Apr. May. June July Aug. Sept. Oct. Nov. Dec.

Dates 8 12,19,* 12 9,23* 14,21* 11,18 9,23 13,27 10,17 1*,8, 12,16 10
1 20* 22* 15,22*
----------------------------------------------------------------------------------

0. of
Hearings
'Itotal) 9 16 19 13 26 27 37 35 41 28 31 25
------------------------------------------------------------------------------------------------
Special Hearings
ICC2:14

4-13

Appendix A. Rochester, N.Y. Code P. 1.

115-89 ZONING-- ART. XVI � 115-89

� 115-89. Temporary uses.
A. Authorization. Except as otherwise expressly provided in
this section, temporary uses are permitted in any zoning
district subject to the standards hereinafter established
and subiect. fn f.hp. iqquance of a certificate of occupancy as
hereinarter required.
B. Definition. A temporary use is one established for a fixed
perind of time with the intent to discontinue such use upon
the expiration of such time. Such uses do not involve the
construction or alteration of any permanent structure. No
use expressly permitted or permissible as a permanent or
temporary use in any district pursuant to the provisions of
this chapter shall be allowed as a temporary use"in any
other district.
C. Certificate of zoning compliance required. No temporary
use shall be established unless a certificate of zoning
compliance evidencing the compliance of such use with the
provisions of this section and other applicable provisions of
this chapter shall have first been issued, as provided in
� 115-24 of this chapter.
D. Particular temporary uses permitted. Subject to the
specific regulations and time limits which follow, and to the
other applicable regulations of the district in which the use
is permitted, the following temporary uses of land are
permitted in the zoning districts herein specified:
(1) Mobile homes: In any district as a temporary
residence during the reconstruction of a dwelling unit
damaged or destroyed by any means not within the
control of the owner of such dwelling unit. Such use
shall be limited to the period of such reconstruction,
and in any event no longer than twelve (12) months
following such damage or destruction. No such use
shall be undertaken unless such mobile home shall
have first been properly connected to city water and
sewer lines and to all required public utilities.
(2) Indoor and outdoor art and craft shows, exhibits and
sales: in any Commercial or M anufacturing- Industrial

12031 9-25-75

4-A-1

Appendix A. p. 2.

115-89 IZOCHESTER CODE � 115-89

District; and, subject to proper approval of the park
authorities, in any public park in a Residential
District. Such use shall be limited to a period not to
exceed five (5) days.
(3) Christmas tree sales: in any Commercial or
M anuf actu ring- Industrial District; and in any
Residential District on property owned by any not-for-
profit group or organization when conducted by such
group or organization and when approved by the
Director of Zoning on the basis of the adequacy of the
parcel size, parking provisions and traffic access and
the absence of undue adverse impact on other prop-
erties in the Residential District. Such use shall be
limited to a period not to exceed sixty (60) days.
Display of Christmas trees need not comply with the
yard and setback requirements of this chapter, except
that no tree shall be displayed within thirty (30) feet of
the intersection of the curblines of any two (2) streets.
(4) Contractors' offices and equipment sheds containing
no sleeping or cooking accommodations: in any
district when accessory to a construction project. Such
use shall be limited to a period not to exceed the
duration of such project.
(5) Real estate offices containing no sleeping or cooking
accommodations unless located in a model dwelling
unit: in any district when accessory to a new housing
development. Such use shall be limited to the period of
the active selling or leasing of dwelling units in such
development.
(6) A carnival or circus: in any Commercial or
Manufacturing-Industrial District; or in any
Residential District on property owned by any not-for-
profit group or organization and when approved by
the Director of Zoning on the basis of the adequacy of
the parcel size, parking provisions and traffic access
and the absence of undue adverse impact on
surrounding properties in the Residential District.
Such use shall be limited to a period not to exceed

12032 9 - 25- 75

4-A-2

Appendix A. Rochester, N.Y. p. 3.

115-89 ZONING --ART. XVI � 115-89

twenty-one (21) days. Such use need not comply with
the front yard requirements of this chapter except that
structures or equipment which might block the view of
operators of motor vehicles on the public streets shall
not be located within thirty (30) feet of the intersection
of the curblines of any two (2) streets. Such use need
not comply with the maximum height requirements of
this chapter.
(7) Other temporary uses found by the Director of Zoning
to comply with the provisions of this section.
E. Bulk regulations. Except as expressly provided otherwise
in Subsection D above, every temporary use shall comply
with the yard, space and bulk regulations applicable in the
district in which such temporary use is located.
F. Parking. Before approving any temporary use, the Director
of Zoning shall make an assessmont of the total number of
off-street parking spaces which will be reasonably required
for use, on the basis of the particular use, its intensity, and
the availability of other parking facilities in the area, and
shall approve such temporary use only if such off-street
parking is provided.
G. Use limitation. No temporary use shall be operated during
any hours or on any days of the week except such as are
designated by the Director of Zoning in the certificate
requiied by Subsection C of this section on the basis of the
nature of the temporary use and the character of the
surrounding uses.

12033 9-25- 75

4-A-3

Appendix B. Prince George's County, Maryland

SECTION 28.0 SPECIAL EXCEPTIONS (Continued)
it deems necessary, including, but not lim-
ited to, provision for additional fencing
and/or planting or other landscaping; addi-
tional setback from property lines; addi-
tional parking space; location and arrange-
ment of lighting; and other reasonable re-
quirements.
28;338 Temporary Structures
In any residential zone, a temporary struc-
ture, including wayside stands for the sale
of form products grown or produced on the
premises, temporary tool sheds, or contrac-
tor storage buildings in connection with a
construction project, and temporary real
estate signs. No wayside stand shall be
less than twenty-five (25) feet from the near-
est edge 'of roadway; and all display of
goods shall be at least twenty-five (25) feet
from the nearest edge of roadway. In an
R-55, R-35, R-20, R-18, or R-10 Zone, a tem-
porary special exception for a wayside
stand shall not exceed six (6) months. Tem-
porary signs shall be governed by the pro-
visions of Section 25.0. A temporary build-
ing, such as 'contractors office, taxi stand,
and similar structure, occupied by workers,
shall be equipped with sanitary facilities,
unless otherwise available on the premises.
28.339 Theatre
In a C-1 Zone, a theatre
28.340 Tourist Home
In the R-R and R-18 Zones, a tourist home
28.341 Trailer Camps
In any R-R or C-2 Zone, a trailer camp may
be established, subject to the following
conditions:
(a) The area of the proposed trailer camp
be at least five (5) acres.
(b) Every trailer, building, or other structure
in such camp shall be located at least
one hundred (100) feet from the center
line of any street, road, or other public
right-of-way bordering such camp and
at least fifty (50) feet from the nearest
boundary line of such camp.

139

-A- 4-

A-Ppendix C. Town of Hempstead, New York, P.

SEIC. T-1.3. E'FFECT[V E, DATE.: AUGUSI 29, 1976
Any provision of this Article to the contrary, notwithstand-
ing, thc temporary use or occupancy of a private trailer or
house car shall be permitted under thefollowing circumstances:
A. T fie private trailer or house car shall be for the tcrnpor-
ary use and occupancy. of an individual or group of individuals
whose single-family residential dwelling has been so damaged by
Fire or by some act of God as to ren er the single-family resid-
ential dwelling uninhabitable.

it. The private trailer or house car must be placed oil the
@arric plot as tile single-family residential dwelling which is be-
ing rebuilt or on a contiguous parcel.
C. To ob.tain a permit for the above-mentioned use, a
verified application on a form furnished by the Department
of Buildings shall be sworn to and filed by the applicant with
the Department of Buildin S, along with an application fee of
$50.00. Said application Nall contain assurances that the fol-
lowing requisites shall be satisfactorily complied with:
1. Sanitary drainage systems shall be connected to a
sewer or cesspool in a manner approved by the
Department of Buildings;
2. No waste water shall be discharged on the ground;
3. The electrical system of the trailer or house car shall
be connected to the available ublic utility lines and
the installation thereof shallpbe approved by the
New York Board of Fire Underwriters;

4. The water connections shall be made in a manner
approved by the Department of Buildings.

9-02

4-A-5

Appendix C. Town of Hempstead, New York p. 2.

1). Notwithstanding the provision of the building Zone
Ordinance with respect to minimum yard requirements,
granting the permit the Building Inspector shall consider the
rights of adjacent property owners so that there shall not be
any unreasonable deprivition of light or of a reasonable use of
adjoining property.

E. The building Inspector is hereby authorized in the
exercise of reasonable discrretion to revoke any permit issued
hereunder if after due investigation he dems that the holder
thereof has violatd any provision of this ordianance or if the
trailer or house car is being used in an unsafe manner. Written
notice of said revocation shall be given by personal service or
by certified of registered mail, return recipt requested.

F. The length of time a private trailer or house car shall
be pemitted to remain shall be six (6) months, with one three
(3) month extension. A further extension shall not be permit-
ted and is shall be mandatory that the private trailer or house
car be removed at the end of the permitted period of time. If
the private trailer or house car is nor removed there shall be a
per diem civil penalty of fifteen dollars ($15) for each day that
it remains beyond the permitted period of time. If the private
trailer or house car remains for more than ten (10) days beyond
the permitted period of time. the Commissioner of the Depart-
ment of Buildings, or his representative, shall after notifying
the owner of said private trailer or house car by registerd or
certified mail, return receipt requested, cause the private trailer
orhouse car to be removed. The expense of removal and any
resulting storage charges shall be paid by the owner of the priv-
ate trailer or house car and if said cost is not paid within ten
(10) days, the Commissioner of the Department of Buildings
may advertise for the public sale of the private trailer or house
car in the official newspaper of the Town and sell the private
trailer or house car to the highest bidder at a public sale. The
monies realized from the sale shall be applied to any outstanding
ing civil penalities and shall reimburse the Town for any expense
incurred in moving and storing the private trailer or house car.
Any excess monies shall be remitted to the orignal owner of
the private trailer or house car.

ten

4-A-6

Appendix D. Portions of Area Variance Application-, listing standards, P-1
Rochester, New York

Applicant's Statement of Practical Difficulty

FOR AREA VARIANCE APPLICATIONS

Applicant is to explain how the request conforms to each of the following
requirements:

A. Unique physical conditions: The property is exeptional as compared
to other lots subject to the same provisions by reason of unique
physical conditions (e.g., position or size of structure, unusual
topographical features, irregularly shaped lot........)

3. Not self-created: The unique physical condition (s) existed at the
time of the enactment of the provision or was created by natural force
or governmental action, for which no compensation was paid.

c. Denied substanial rights: The strict application of the provisions
would deprive the owner of substantial rights enjoyed by owners of
other properties subject to the same provisions.

D. Not merely special privilege: The hardship is not merely the inability
of the owner to enjoy some special privilege or additional rights not
available to owners or occupants of other properties.

4-A-7

p. 2.
Appendix D.

E. Essintial character of the area - surrounding uses and facilities:
The granting of the variance will not be materially detrimental to
the public welfare or injurious to the enjoyment, use, or development
neighboring properties

F. No other remedy: There is no means other that the requested variance
by which the difficulty can be avoided or remedied to a degree
sufficient to permit a reasonable use of the subject property.

G. Minimum relief: The application is for the minimuim variance necessary
to overcome the practical difficulty.

4-A-8

Appendix D. Portions of Use Variance Application, listing standards, P.3.
Rochester, New York

APPLICANT'S STATEMENT OF UNNECESSARY HARDSHIP

FOR USE VARIANCE APPLICATIONS

Applicant is to explain how the request to each of the following
requirements:

A. No reasonable return: The subject lot or parcel is not
capable of yielding a reasonable return if used for its
present use of developed, redeveloped or usect for any
other use permitted or specially permitted in the district
in which such property is located. Such inability to yield
a reasonable return must be shown by specific fact, and
not the unsupported opinion of the owner or those appear-
ing for him.

B. Unique circumstances: The inability to yield a reasonable
return results from unique circumstances peculiar to the
subject property which do not apply to or affect other
property in the immediate vicinity that are subject to the
same regulations. The personal situation of the owner shall
not be considered a unique circumstance.

C. Not self-created: The inability to yield a reasonable return
is not the result of any action by the owner or.his predecessors
in title.

4-A-9

Appendix D. p. 4.

D. Essential character of the area-surrounding uses and facilities:
The granting of the variance will not be materially detrimental
to the public welfare or injurious to the enjoyment, use or
development of neighboring properties.

E. No other-remedy: There is no mean.s other than the granting of the
variance by which the property can yield'a reasonable return.-

F. Minimum Relief: The application is for the minimum variance
necessary to yield a reasonable return.

4-A-1.0

Appendix E. Tally sheets used in Rochester, N.Y. P.1.

AREA VARIANCE
PRACTICAL DIFFICULTY

1. Unique physical condition:

2. Unique condition not self created:

3. Denial of substantial rights

4. Not special privilegs:

5. Variance not detrrimental to public welfare & neighboring properties

6. No other remedy:

7. Minimum relief:

4-A-11

Appendix E. USE VARIANCE p. 2.

UNNECESSARY HARDHIP

1. Lack of reasonable return:

2. Unique circumstances-:

3. Hardship not self created:

4. Variance not detrimental to public welfare & neighboring properties

5. No other remedy:

6. Minimum relief:

Notes:

4-A-12

Notes:

Special Permit

The evidence must estabilsh that
the following 6 standards have
been met
(a. That the proposed use is
in harmony with the
Comprehensive plan, Zoninig
Ordinance and Subdivision
Regulations.

What does the Comprehensive
Plan recommend?

2. Will the introducton of the
proposed use conflict with
the plan?

3. Are the use and site plan in
conformance with the Zoning
Ordinance?

4. Are any variances required?

5. is a subdivision or resub-
division required

(b.) Undue or adverse effect upon:

8. Adjacent property.

2. Character of -the neighborhood
(comment on surrounding uses.)

Will traffic conditions be
aggravated?

4. Will existing parking
facilities be overburdened?

5. Are utilites adecquate to serve
proposed use?

6. Will introduction of use cause
health hazards? Saftey hazards?

4-A-13

Appendix. P. 4.

(C. Will the proposed use-
dominate the immedate
vicinity?

1. Are there similar uses
in the area?

2. Have all possible safe-
guards been taken to assure
that adjacent properties
are not harmed by the
proposed use?

3. Will the introduction of
the use prevent neighboring
properties from being used in
accordance with zoning
regulations? Will it make
them less valuable?

That, the proposed use will
be served adequately.

Are there- available services
to provide for the addition
of the use?

if services are not available,
has applicant agreed to
provide them or make provision?

30 Has applicant made contact
with agencies that might assist
in providing services?

That the proposed use won't
damage.

Does the site plan purpose
demolition of structures
Landmards?
Removal of trees or natural
features? 4-A- 14

Appendix E. P.5

Are there special
standards for this
particular Special Permit?
Have they been met?

In determining whether the evidence
establishes that the standards. have
*.been met, the Commission must consider
the following

(a.) To what extent is the
proposed use desirable?

2. is the proposed use at
this particular location
necessary to provide a service?

2. is the service in the interest
of public convenience?

3. Will the service contribute
to the general public
neighborhood or community?

(b.) To what extent could public
goals be met by locating the
proposed useat another site?
Would another area be more
appropriate?

C. To what extent have steps been
taken to minimize any adverse
effects on the immediate
vicinity?

1. Through building design?

2. Through site design?

3. Through landscaping and
screening?

4-A-15

CHAPTER 5

Office and Research Office Districts

Introduction

In 1973 New Castle County added two new classifications to the Zoning Code,
known as 0-1 and 0-2, to provide for the construction of professional and
administrative office complexes and a limited range of accessory uses relating
to these offices. This classification responds to recently ev6lved development
types, known as office parks and professional office developments. These uses
had tradiVonally been incorporated within the commercial classifications and
remain permitted uses within these districts.

Developers of these office facilities face slightly different problems from
those of conventional commercial developments. one difference is that these
facilities are less dependent upon visibility and prominent road frontage than
retail commercial. They can be located, and operate successfully, on smaller
arterial roads within areas which are not commercial. They have different,
usually smaller, parking demand when related to the number of square feet of
building area. They have the potential, due to the quiet, unobtrusive nature of
these uses, to be integrated comfortabl'y into residential communities.

The 0-1 and 0-2 districts are designed to take advantage of the characteristics
of office and administrative activities by improving the standards of
development through setbacks, landscaping and limitations on building coverage
and thereby creating a district which has a wider choice of site options, now
including some otherwise residential areas.

Z. The Current 0-1 and 0-2 Regulations

1. Uses

The 0-1 District uses are confined to professional and administrative offices
such as physicians, dentists, lawyers, post offices and similar medium and small
scale office uses. Further the list of permitted uses includes "laboratory,
medical or dental when operated in conjunction with and in the same building as
the professional office of a physician or dentist..."

The 0-2 district permits all 0-1 type uses and "Industrial research and
development or testing laboratories including such uses as are necessary and
customary to develop the results... into commercially marketable products; book
or periodical publishing; motion picture producing; or manufacture of precision
instruments such as medical, dental and drafting instruments Further, the
0-2 category adds schools, colleges and county clubs among a short list of
non-office uses.

2. Special Controls

A major feature of the "0" District is that special plan approval by the
Department of Planning "complying with its policies and standards". This site
plan review is based, in large part, on a list of controls included within each
district. These are summarized on the following tables.

5-1

TABLE 1

0-1 o-2

Minimum Lot Size 20,000 sq. ft. 217,800 sq. ft.
Maximum lot coverage (Bldgs.) 20% 15%
Maximum Paved area 40% 40%
Minimum Distance between Bldgs. 35, 35'
Minimum Street Frontage 751 751
Minimum Open Area 40% 40%
Setbacks:
Structures from street lines 40' 401
parking from street lines 25' 251
from street or lot lines 251
Sideyards:
minimum 15, -
total aggregate 35' -
landscaped strip buffering adjacent
residential zoned ground minimum 10, 10,
widths
approval of landscape plan yes yes
approval of subdivision plan yes yes

These controls are essentially identical except for the greatly increased
minimum lot size in 0-2 (5 acres) and the maximum coverage which is reduced to
15%. The two districts may be characterized best by their uses. 0-1 sites have
been typically developed as small complexes of one or two story professional
offices, usually with direct outside access, in architectural character they are
often small freestanding office buildings or one story clusters - surrounded by
parking. The 0-2 classification encompasses the larger office and research
complexes not generally serving the public directly as would a dentist or
lawyer.

The 0-1 and 0-2 Districts are relatively new and more qualitative concern has
been shown in their design than in traditional commercial zones. This concern
is manifested in several special features in the "0" districts, particularly by
the high open area requirement and the paved area restrictions listed in Table
1, and by several special features in the approval process.

Two features, of the approval process, a "satisfactory landscape plan",
reflecting the landscape screen requirements and the "subdivision plan
approval", both reviewed by the Department of Planning to comply with its
policies and standards", are designed to improve development quality. The mere
fact that a landscape plan and an overall subdivision plan are required before
approval tends to improve development quality by forcing early consideration of
overall design issues.

3. Development Issues

1. Introduction

The review of 0-1 and 0-2 sites presently in-place revealed several problems
which could be addressed through some refinement in the present regulations.
It is appropriate to note that the quality level of the 0-1 and 0-2 developments

5-2

is generally well above average when compared to other commercial developments.
organizing these less noxious commercial uses into special developments which
are more compatible with non-commercial uses is clearly workable. It should
also be noted that some of the difficulties observed are the result of less than
ideal developer behavior. It is possible to meet the "letter" of the regulation
without meeting the "spirit" of the regulation. This is, and perhaps will
always be, a difficulty facing planners and community leaders. It has not been
possible to conduct methodical surveys of all 0-1 and 0-2 developments.
Further, it was not possible to interview owners. The observations that follow
are based on a survey of perhaps 20% of these developments in New Castle County.

2. 0-1 Development Issues

Recent 0-1 developments have been generally oriented to public contact, i.e
"retail" professional services. The small scale of the individual rental
module, and the speculative quality of their construction together cast the
character of the 0-1 develoments as much or more than the zoning regulations.
0-1 developments in which problems have developed appear likely to have been
speculatively constructed "professional buildings", they usually have more than
one or two floors, and have minimal perimeter landscaping. Open space usually
consisting of small strips around the principal structure. In some cases,
isolated, unmaintained ground at the rear of the site serves as the main "open
area". In some instances, serious problems have developed with property
maintenance and an appearance suggesting incipient "blight and abondonment" has
developed.

We believe the County may be able to avoid these problems a higher percentage of
the time if the developments are larger. A 20,000 square foot minimum site
permits a development with the following characteristics:
Table 2 0-1 Site Development

Site Area: 20fOOO Sq. ft.
Building Footprint (Maximum): 4,000 Sq. ft.
Parking Area (Maximum): 8,000 Sq. ft. (25 spaces)
Floor Area (Maximum): 5,000 Sq. ft. (based on parking)

Medical and legal professionals with individual practices can often function in
offices of less than 1,000 sq. ft. Therefore if a code minimal structure is
built only four to seven tenants will be required, maybe less, if they include
group practices.

The effect of permitting small developments must be seen in business terms. Two
or three medical professionals may pool their resources under a corporate
umbrella to build themselves an office with few spare spaces for rental. This
type of business decision is encouraged by the income tax laws which permit
losses" and interest payments to be deducted directly from total income. Such
allrrangements, especially in small scale developmentsf are inherently vulnerable
to instability. It is very easy to misjudge the costs of mainte 'nance or for
problems maintaining full occupancy to develop. These problems can, in turn,
lead to the visible decline of the building and, possibly, to its vacancy.
Simply put, the problems observed within 0-1 developments appears to stem from
their size, 5-3

Larger 0-1 developments, especially some of the newer clusters of one story
medical and professional offices appeared to be generally better maintained and
more attractive. We believe this results from the more deliberate management
commitment which is required of a larger complex. Small developments having
less than ten tanants will encounter difficulty in keeping full-time staff to
organize and/or perform maintenance, the job will be conducted by parties with
other primary concerns and quality will suffer in some cases.

Another area of concern is the quality of preserved open areas. The regulations
for the "0" districts call for "open area" to be 40% of the "site area. open
area is defined in the code as follows: "The portion of the lot excluding areas
set aside or used for buildings, parking, loading and streets." It includes
outdoor recreation facilities. Therefore all the miscellaneous ground in the
development is "open area".

Some effort should be made to avoid creating unuseable, visually obstructed and
therefore untreated portions of the site because neglect of these areas may
follow. It is of course possible that portions of the site have interesting
natural features such as large trees, swales, steep slopes or rock outcrops, and
should be left undisturbed. It would appear that improved specification of the
landscape plan could curtail this potential trouble area.

At present, the Subdivision Code, (Section 20-3) defines Landscape Plan as "A
plan of ... land development showing the landscaping of all portions of the site
which are not used for buildings,.. .. structures, .. . or parking spaces .. -
sidewalks .. to be prepared by an engineer, architect, landscape architect or
land planner. " This is quite clear, the landscape plan must encompass all
undeveloped ground on the site. Therefore some guidance would be desireable
specifically for 0-1 and 0-2 landscape plans.

3. 0-2 Development Issues

The 0-2 development type which has emerged in New Castle County is fairly large
scale, usually well over the five acre minimum lot size (see Table 1). The
ten ants are often tenant/owners, usually in fee simple ownership of
office/laboratory buildings and sites in 0-2 subdivisions.

0-2 subdivisions are different from 0-1 buildings both in appearance, especially
in scale, and development issues. Problems which have appeared in the "0-1"
district, such as neglected portions of development landscaping have also
occured in the "0-2" district, but the pattern of occurance is different and the
areas of ground are larger. In "0-2" the site is developed according to a
master plan and sold in large lots to individual occupants who "built-to-suit"
or to developers who build to rent, often speculatively (usually office). These
occupants each inherit portions of the open area originally required in the 0-2
plan, sometimes large portions. They may or may not actually have much concern
for the exterior appearance as little "public contact" for the occupant may
occur therei Naturally, in our observations conditions varied greatly,
excellentefforts are made by some occupants while no effort is made by others.

while it was not possible to conduct interivews or perform extensive primary
research the consultant would make several comments on present conditions in 0-2
developments.

5-4

o The development parcels which have poor landscape appearance were usually
not treated at the time the structure was erected and occupied.
o Sites where landscape material was installed in reasonable amounts are
the most attractive areas of the development. This was particularly true
in the few areas where "islands" of the older material on the site, such
as clusters of trees, were integrated with new landscaping.
o The installation of landscape material and the planning/preparation for
it consitute a major expense, business occupants may not wish to bear
this cost, in a retrofit, after the building is occupied. Delay is
likely.
o The relative cost of modest landscaping to building construction is very
small and it is at the time of building construction that a commitment to
this activity should be made.
o Neglect of installed landscaping, which has occured in some cases, cannot
be effectively regulated through the zoning process. Some protection
against extreme problems could be achieved by the development of
covenants, deed restrictions, etc. similar to those in- planned unit
development rules. These were discussed in Phase I of the Zoning Code
Update, Chapter VI.

Recommendations for Code Change

The following list of changes should be considered for the 0-1 and 0-2
districts. The adoption of these changes would reduce the likelihood that the
identified difficulties would arise. Development quality will always depend in
large part on the conscientious behavior of developers.

0-1 District

oThe minimum lot size should be increased, 40,000 square feet we believe
would constitute an adequate increase to improve the opportunity to
develop good project management.
oThe maximum lot coverage with buildings can be increased to 25%. This
will encourage the one story, professional complexs with direct outside
access. Keep in mind that the parking requirements are the real floor
area size constraint and these should be retained.

0-1 and 0-2 Districts

o The minimum open area of 40% should be maintained subject to the approval
of a landscape plan as at present. What should occur, however, is that
the landscape plan approval be based on specific criteria. Landscape plan
approval should be granted when the following conditions are met:

1. All areas to the site have been addressed either by the installation
of clearly specified landscape materials (as described in subdivision
code - Appendix 13) or the preservation of existing material. If
existing material is to be employed it must be identified as to types
and location.
2. Assurances are provided that the installation of the landscape
material shall occur prior to, or simultaneous with the occupancy of
the building.
3. A landscape area a minimum of ten feet in width shall be provided
along rear and side lot lines and a "landscaped frontage area" at

5-5

least 25 feet deep shall be provided along all public street frontage.
Only approved driveways shall intrude into this frontage area. The
landscaped frontage area may be decorative and need not provide a
visual screen as at the side and rear lot lines.

NCC:24

5-6

CHAPTER 6

Off-Street Parking Reauirements and Design

1. INTRODUCTION

Off-street parking has been required in most zoning ordinances since their
inception in the 1920's and 1930's. In the rapid automotive use growth era
following World War II, codes became more detailed and sophisticated in their
handling of off-street parking requirements for various uses; The off-street
parking requirements in the New Castle County code have been reviewed in
comparison with several other codes adopted or substantially revised in recent
years, both for the number of spaces required for various uses and the design
and dimensions of parking facilities. In addition, several other planning
publications on the subject have been reviewed and concepts from these
incorporated in to this chapter's recommendations.

General trends affecting parking demand in the United States are noted as
follows:

o Over the past 30 years, parking demand has risen as more families have moved
to the suburban ring; two-car and three-car households have become
increasingly common.

o A cyclical but recurring trend toward compact and subcompact cars has been in
effect foralbout 20 years, and is expected to continue through this decade.
Federal authorities anticipate that 60 to 95 percent of autos in use in the
U.S. in 1990 will be compact ca rs.

0 occasional shortages in gasoline, and great increases in its price in the
past several years have not seriously affected the demand for automobile
ownership nor apparently produced any significant long-term effect on auto
use for transportation to work or for shopping.

The major purposes for zoning controls requiring provision of off-street parking
and dictating certain dimensions and design controls are:

1) To prevent and/or minimize traffic congestion in the public streets by
providing an alternative to on-street parking.
2) To minimize interference between pedestrian and vehicular movements, both
within and adjacent to areas devoted to parking.

An additional purpose which has been sought by some recent off-street parking
controls is the enhancement of the appearance of street frontages.

Parking facilities serve differing functions and populations, and it is
important to recognize the most common types of usage. Long-term parking for
employees of commercial and industrial uses may be located farther from the
buildings they serve and have narrower spaces than short-term parking intended
for shoppers and visitors. Senior citizens and handicapped persons require
wider spaces and close-in locations for parking. Parking facilities may be
provided either in surface parking lots or garages. Parking structures are more
expensive to build and maintain than surface parking, but offer the advantages
of close-in location, covered parking, and more opportunity to control use of

6-1

the spaces.

In recent years, the level of sophication of parking design and requirements has
increased steadily. Most changes have had to do with landscaping and
screening, signage, and redesign of existing lots and/structures for provision
of a larger number of parking spaces for smaller cars. Research on usage of
parking in large shopping centers has been undertaken by the shopping center
development industry. More detail about these issues is provided later in this
chapter.

2. NEW CASTLE COUNTY CODE REQUIREMENTS

1) Number of Spaces Required.

The factors used to determine parking space requirements include overall square
footage of buildings, number of employees, dwelling units, seats, beds, sales
areass, classrooms, and guest rooms. several of these measures, specifically
seats,,beds, and employees, are variable over the economic life of a building,
and may be difficult to assess and control by zoning administrators. The
structure and organization of the parking requirements section are somewhat
confusing. The standards are ordered by general use categories, but no
sub-headings are present to introduce use categories, and some uses are listed
apart from others in the same categories.

Chart 1, Comparative Parking Standards, following, compares the number of spaces
required in five other communities for the most commonly listed uses to those of
New Castle County. Examination of the chart reveals these concerns:

New Castle County has no listing for senior citizen housing, which, if
designed and operated for low- or moderate-income occupancy, generally
requires much less parking than other residential uses.
New Castle County's code frequently combines two measurement methods in the
same use requirement. Most often this is a square footage-based standard and
an employee-based standard. This is not common practice and is not easily
administered.
- Wilkes-Barre and Philadelphia require certain amounts of paving in relation
to the square footage of building. While this has been an adequate approach
during decades of full-size car predominance, it is more questionable as the
propotion of small cars in use is increasing.
- Both number of seats and square footage are utilized as measures for
restaurants and bars. As noted earlier, the number of seats in facilities
with moveable chairs is not closely controllable; other factors such as
anticipated turnover, presence of live entertainment, or other types of
amusement licenses are important but largely uncontrollable, and a square
footage based measure is preferable.

6-2

COMPARATIVE PARKING STANDARDS
REQUIRED SPACES BY CATEGORY OF USE

CATEGORY RESIDENTIAL INSTITUTIONAL

ONE Two FAMILY THREE MULTI- SENIOR CHURCHES SCHOOLS HOSPITALS FUNERAL
FAMILY FAMILY FAMILY CITIZEN TEMPLES HOMES
6ce- + 113 bed" + 1/
1/r +1 63
, 5eats I
1. NEW CASTLE CO. DEL. 5rm.
OR 1`190" ftk) 6 SeA%S (A-.4 IP@-
I&V. % 50 .2 5 Id - u 1/2
2. WILKES-BARRE PA. 1-1 Ax txd5 5 Parlor
3. PHILADELPHIA PA. -3/10
1.5 PIL45 1150 s.f
4. KENT COUNTY MD. 1 jll-@rwmerzj 5RAts J@ X2, bed5 rXt
St Lkd; o or I - 5. R. 1/4 1/Fa c4t
5
5.,R. t
S. ROCHESTER N.Y. 1/5
3/5
z 1/3 Seat5 'Aed 11505.F.
6. TOWN OF OYSTER BAY N.Y. 312- Z

COMMERCIAL MANUF'G CULT

RESTAURANTS FURNITURE FOOD SHOPPING AUDITORIUMS HOTELS/ WHOLESALE LIBRARY/
RETAIL BANYS & BARS MOTELS WAREHOUSE INDUSTRY MUSEUM
APPLIANCE STORES CENTERS THEATERS
5et + /200 5 1 Z E%1-+ lg2 6 1.11 oo
5. jL2 Ernp 1/4 5-eat:5 SIX, I, I/
1V400 1 ,Tjog (
112- E" i /ZOO 5-f V2 /I 605.-F. Y3 E@l 12'DOS-f 1-e@ 1 0
A 1/2
611@-V CA P-:
2. Y3005.f. Y2,0 5.f. 112 601- f/4-E11P(- /250
2 3 3 I/N11 5 If
3. 1
10 + Nasf
4. 1/200 $.f, y_2W 5 f. Y, () 0 5.f. Y360 5.f 115 5eckt-5 Y2 E1,0, OvCrippos. I
5/1ILW 5f. SeAq,
/10005-F 1/605-F. t- 'h Ernpl - ptAWi(- arE&
5.
6. '/2 00 S.f. I @00 1/3 SeLt5l 79w", '150 0 5 /300 5 f.

Footnotes: 1. Residential standards are Der dwelling unit (d.u.) unless noted. Philadelphia has lower standard in Center CitY.
2. No off-street parking is required in neighborhood commercial districts (C-1 through C-5). Other districts require paved area (pa
0) drive aisles) to equal total of floor areas of building -
1 3. Philadelphia's Corle is unique in that it does not have a parking standards lisl oy use; rather, various districts set forth the s
LJ for all uses except residential in that district. In New Castle, drive-in or franchise restaurants require 25 spaces plus one fo
4. A separate requir,,ment for drive-in restaurants in Rochester is 32 spaces Per 1,000 square feet.
For F"11"ols. 1,owei requirements for elementary, higher for college@ and universities and technical schor:ls.
'Ili " Indoof and outdool commercial recreation.

2) Design and Locational Criteria

The New Castle County Zoning Code requires submission of parking. lot plans to
the permit office (Section 23-63(4)). However, few of the concerns listed in
the paragraph have specific standards defined. Review of other zoning codes
indicates that most define standards for design and locational criteria within
the zoning code.

Chart 2, Design Elements, shows which of the zoning codes reviewed had specific
standards for various design concerns. Each of the newer cddes reviewed had
considerably more specific design criteria for parking than did New Castle's
code. Of the other codes, those of Wilkes-Barre, Pa., Kent County, MD., and
Rochester, N.Y. had the most detailed design requirements, and also had them
grouped in a single location in the codes. These sections are reproduced in the
appendix as examples for potential design standards. The Philadelphia and
Oyster Bay,, N.Y. codes diffused their parking design standards into various
zoning district regulations, which is more confusing and less concise.

3. PROVIDING FOR SMALLER CARS

Both national and local studies indicate that the trend toward smaller car
ownership is continuing. Many zoning codes have been amended in the past few
years to accommodate this trend. One of the advantages of smaller cars is that
more of the them may be parked in the parking bays existing in surf ace lots and
in parking structures where the spacing of posts and beams does not prevent
restriping for downsized cars. Typically, 25 to 30 percent more small cars may
be parked in the same parking bay by narrowing the width of stalls and changing
the angle of parking, as the smaller cars also have a tighter turning radius and
can maneuver better into more highly angled spaces.

One method of combining compact spaces and full size car spaces, placing full
size and compact spaces on the same aisle is a good example. Figure 1, the
Drachman System of Parking, illustrates this spacing graphically. The same
parking bay which can accommodate 18 standard size cars in 9 by 18 feet spaces
at 60 degree angled parking can accommodate 28 compact cars in 7.5 feet by 15
feet spaces at 90 degrees to the drive aisle. Existing parking lots with
one-way drive aisle patterns can be restriped to significanlty. increase the
parking supply. A problem may arise in that locating a large number of small
spaces in one area may cause some misuse, i.e., big cars in small spaces or vice
versa.

Zoning codes which have been adopted to accommodate compact car spaces typically
have a minimum number of spaces in the lot and allow as much as 25% to 30% of
the spaces in the lot to be set aside for compact cars. However, such stalls
must be clearly marked to prevent use by large cars.

The City of Philadelphia undertook a study of small car use, "The Trend Toward
Compact Cars," Philadelphia City Planning Commission, published in 1981. That
study indicated that small car ownership already amounts to 30 to 35 percent in
the City, and is likely to increase in the future. The summary and
recommendations of the report are reproduced following the Drachman System
Figure. Comments on car size from The Dimensions of Parking which follow
provide useful background to this discussion: 6-4

Car Size:

"A design factor in obtaining optimum space efficiency for both
large and small vehicles involves the angle at which the vehicles
are parked in relation to modular width. A module which will
efficiently park the mix of large and small cars today at an angle
of 60 to 65 degrees will also park the anticipated smaller vehicles
of the future at an angle of 75 to 90 degress. The change in angle
parking as cars get progressively smaller, in conjunction with a
decrease in stall size, could result in an ultimate increase in
design capacity of 20 to 25 percent."

6- 5

Chart 2

DESIGN ELEMENTS DESCRIBED OR DEFINED IN VARIOUS ZONING CODES

New Wilkes- Kent Rochester Oyster
Castle Barre Phila. Co. Bay
Design Element County (1974) (1962) (1975) (1975) (1971)

Driveway size 1 family X6 X X
Driveway size X6

parking lot X X X

Minimum width
- full size car X X X3 X4 X
- compact X3 X

Minimum length
full size car X X X3 X4 X
compact X3 X
S
urfacing requirement X6 X X X X X
rainage requirement X6 X X X

Screening from
residential X1 X X X

Lighting - non-glare X X X X X
Landscaping at street X5 X X
7 15
Setback from streets X X X X X
Setback from residential X2 X X

Minimum aisle width X X X

Shared parking
provision X

Maximum distance

requirement partial X X

Car stops/barriers X X X X X X
Maximum grade permitted X6 X X

NOTES:
1 for all required yards in all districts
2 for dwellings and institutions
3 amended 1980 to reduce stall sizes; compact stalls must be approved by Zoning
4 Board unless for valet parking lots.
size indicated as 200 square feet per space
5 or barriers
6 Subdivision Code - Chapter 20, New Castle County Code 6-6
7 Certain Zoning classifications only

Figure
Drachman System of Parking
(Small and large cars in one bay)

28
Comparison of Total
Number of Spaces qOrs ompact 18 Cars Standard
4 54'
Drachman System 92
Normal System 72 MW
Increase 20 Opp,
Percentage 29.16%
Increase
600

7'6"

4-15'

The Drachman System uses 90-degree angle spaces for small
cars in the same bay in which 45- or 60-clegree angle spaces are
provided for large cars. This self-enforcing plan uses standard
space stalls 8.5 or 9.0 feet by 18 feet, while compact spaces are
7.5 feet wide by 15 feet long within a bay width of 54 feet.

From "The Trend Toward Compact Cars" Philadelphia City Planning
Commission, 1981:

Summary and Recommendations: Parking Standards

This City-wide survey addresses the advisability and feasibility
of amending the Zoning Code to allow a percentage of required
parking spaces to be less than 10' x 201 to accommodate today's
smaller cars.

The findings confirm the ongoing trend towards compact car
ownership within the City of Philadelphia. Also, the survey
identifies and analyzes the patterns of compact car utilization
throughout the City.

Data indicates that the trend in vehicular design offers an
opportunity to advance the more efficient use of parking
facilities.

The following parking standards are recommended for required
parking provided on self-parking surface lots.

A) Reduce the parking stall size from the current 10' x 20' to
9' x 18' dimensions, except for dwellings intended to be
occupied solely by senior citizens, in new developments.

B) Subcompact car parking stalls (as defined in Appendix B),
being of 8.5' x 16' dimensions; shall be permitted under
certain conditions for up to 25% of the total parking lot.
In all cases, compact car parking stalls should be clearly
marked as such.

C) Space gained through the reduction of stall size, shall not
be used solely for additional parking. A portion of this
space could be used to create planted areas. It is not the
intent of these modifications to permit additional space to
allow for greater building coverage, or additional outdoor
storage area.

D) Spaces designated specifically for the elderly (i.e., senior
citizen apartments) and the handicapped shall not be less
than ten (10) feet wide. However, the depth of such parking
stalls could be reduced to 18' for full size parking stalls
and 16' for compact stalls.

E) As part of the modification of revised parking standards it
is further recommended that minimum driveway widths be
adopted, such as those outlined in Table 1, below.

F) For parking as a principal use, in a supervised parking
structure, the 9' x 18' and 8.5' x 16' parking stalls could
be further reduced where spaces a Ire managed by the operator
and parking of cars in appropriate sized stalls can be
enforced. Reduced parking stall size coupled with reduced

driveway widths (See Table 1) shall be evaluated on a
case-by-case basis consistent with the standards set forth
above.

TABLE NO.1 PARKING DESIGN CRITERIA
(TYPICAL STALL, AISLE & BAY DIMENSIONS)

PARKING STALL ANGLE
STALL SIZE 900 600-900 45--600 @tSS THAN 450
ON AISLE BAY AISLE BAY AISLE BAY AISLE BAY
EACH-SIDE WIDTH WIDTH WIDTH WIDTH WIDTH WIDTH WIDTH WIDTH
9. 0' X 18'
20, 56, 15' 54' 13' 49' 10, 441
9.0' X18' 1 1 1 1
8.5' X16' 20' 52' 14' 50' 12' 4 7' 10, 40'
8.5' X16'
9.0, x18, 20 54' 15' 53' 13' 50' 10, 42'
8.5' X16'

EXAMPLE:

90* PARKING 60*-900 PARKING 45*-600 PARKING
STALL ANGLE STALL ANGLE STALL ANGLE

20' 14' 13'

9.0-STALL
(TYPICAL) (TYPICAL 44 W

-k9

56' BAY WIDTH 50' BAY WIDTH 50' BAY WIDTH

FULL SIZE COMPACT SIZE FULL COMPACT
AUTO AUTO SIZE AUTO

6-9

4. SHOPPING CENTERS

Most zoning ordinances list shopping centers as a separate commercial use in
their parking requirements. As shopping centers have represented such a large
proportion of commercial development outside major cities, this subject merits
special attention.

Shopping centers continue to be the most popular form of suburban commercial
development because they provide a convenient mixture of products and services
and because they traditionally provide ample free parking' for patrons and
employees. Several major nationwide studies have been done of shopping center
parking facilities design and use. The most recent of these, Parkin
,ReSluirements for Shopping Centers, (Urban Land Insitute, ULI - Wilbur Smith and
Associates, 1981) was reviewed for this report; this document provides an
excellent reference on current standards for this use.

Shopping Centers are built in a wide variety of sizes and perform various
functions. Sizes range from tiny plazas of small shops totalling 25,000 square
feet or less to huge regional shopping malls over 1 million square feet. In
recent years, business and professional offices, movie theaters, and restaurants
have become increasingly common uses in larger shopping centers. The ULI report
found parking space demand to differ somewhat for different size shopping
centers, and also recommends that centers with large areas devoted to offices,
cinemas, and restaurants should have different parking requirments based upon
square footage devoted to those uses.

Three other important factors emerge frcm this report; summarized as follows:

Restriping for compact cars in existing surface parking lots can achieve a
net increase of 20 to 30 percent in the total number of spaces in the lot.
Of particular interest is the Drachman system of parking stall layout, which
combines compact car and full-size car spaces on either side of the same
drive aisle (Figure 1).

if more than 25% of shoppers and employees can be expected to arrive using
other transportation modes (bus, train, on foot, etc.), then the number of
parking spaces required can be reduced proportionally,

Employee parking. 15 to 20 percent of parking space usage at peak demand
hours is by employees. If a separate parking area can be established for
lonq-term employee parking and use of this area can be enforced, then the
main parking areas have additional parking capacity allowing additional
square footage in the shopping center. Parking areas for employees may only
need to be used at peak shopping seasons such as Thanksgiving to Christmas,
Easter, and Mothers Day, according to some accounts.

SETBACKS, SCREENING AND LANDSCAPING

In the past decade, trends in zoning practice have included an increase in
requirements for setbacks, screening, and landscaping of parking lots, generally
commencing at a minimum threshold of 3 to 10 parking spaces. The purposes of
such setback, landscaping, and screening requirements are as follows:

to enhance the appearance of parking lots along the public right-of-way;

6-10

to screen neighboring properties, particularly those devoted to residential
and institutional use, from parking lots, giving them privacy, reducing
glare, odor, and noise often associated with parking lots and their
circulation elements;
to prevent automobiles from crossing onto adjacent properties and causing
damage to yards, landscaping or buildings; and,
to provide clear separation of pedestrian and automotive paths, thus reducing
potential safety hazards.

A latent functional benefit of such improvements, along, with drainage,
surfacing, car stops, curbing, and driveway improvements, is to oblige the owner
to make a conscious decision to establish a parking lot on a permanent basis.
These requirements tend to assist a community in avoiding the problems
associated with haphazard, poorly executed and maintained parking lots which may
be established as a temporary use while the land is held speculatively pending
new development.

A word of caution is in order, however, concerning the costs associated with
good landscaping and screening. Such improvements can add significantly to the
cost of parking lot development; care should be taken in choosing landscaping
requirements which are not excessively expensive.

The following excerpts from "Surface Lot Design", by Gerald R. Stocks, in ' The
Dimensions of Parking, Urban Land Institute and National Parking Association,
should help provide insight into some potential design standards. Reference is
also made to the three codes in the appendix.

Design Efficiency:

"Maximum capacity is generally achieved by developing parking
modules running parallel to the long dimension of the site.
Experience dictates the desirability of keeping one or both ends of
the northern parking facilities open to facilitate plowing of snow
during the winter months."

Ingress and Egress:

"Driveway openings should not be located near street intersections,
thus preventing friction with street traffic."

Construction Details:

"Concurrent with the sub-base work is the actual sloping of the area
to ensure positive drainage and the installation of surface drains
and drain lines."

(Landscaping) "...selected tree types should not have extensive root
structure which could result in damage to paving."

"To insure proper safety and visibility, it is vital that the area 2
feet to at least 5 feet above ground be clear of growth except for
tree trunks; cars and pedestrians will then be fully visible. High
hedges and cone shaped trees with heavy growth reaching down to the
ground should be avoided if they might interfere wit .h visibility; 6-11

but such foliage can be used as a visual screen around the perimeter
of the parking facility."

RECOMMENDATIONS

o Parking Spaces Required - General organization

1) Requirements based on moveable objects (chairs, people, beds) should
be replaced by requirements based soley on floor areas to the extent
that it is practical, as floor area measurements are fixed over time
and controlled by building permits.

2) General classifications for uses should be introduced as headings and
uses regrouped where necessary to form a more cohesive and easier to
reference parking requirements list. Suggested classification
headings are: Residential, Commercial, office, Institutional &
Government, Recreational & Social, Industrial & Warehouse.

3) The ordering of sections should be as follows: Of f -street parking:
spaces required; off-street parking: design and general requirements;
Off-street loading: spaces required; Off-street loading: design and
general requirements.

o Parking Spaces Required - Specific Regulations

1) A separate requirement for senior citizen housing should be
established. one space per three dwelling units is suggested. Spaces
for senior citizen and handicapped use have different dimensional
requirements, discussed in the following section of this chapter.

2) Consideration should be given to a single square-footage-based measure
for retail, restaurants and bars, food stores, libraries, museums,
funeral homes, and nursing homes. Interior layout of such uses can be
subject to change, with or without building permits, and the
proportion of public to private space changed accordingly. Al so, a
single measure would be simpler to compute and less demanding of
information from an applicant for a permit (who often does not have a
direct connection with the eventual user). Suggested standards are as
follows:

Retail: 1 space per 200 square feet

Restaurants, bars, and night clubs:

o with live entertainment or dancing: 1 per 60 square feet;
o without live entertainment or dancing: 1 per 200 square feet.

(NOTE: Proper enforcement of this provision would require that a
referral be made from the department or agency issuing entertainment
licenses. Such referrals would be necessary for new licenses only, not
renewal of licenses which existed prior to the enactment of this
recommended zoning code change. Also, separating live entertainment use
parking requirements would require that restaurant and night club
developers would need to decide whether or not live entertainment or

6-12

dancing would be included in advance or add to their parking facility
when they added live entertainment. Allowing a portion of the parking to
be on crushed stone or compacted earth may be workable in many cases.)

Food Stores: 1 per 150 square feet

Libraries: 1 per 300 square feet

Museums: 1 per 150 square.feet.

Funeral Home: 1 per 50 square feet.

o Parking Space Sizes

1) A separate space dimension for senior citizen and handicapped drivers
should be established. Suggested dimension is 11 feet by 20 feet.

2) The standard car space dimension may be made slightly smaller and still
be workable. Consideration should be given to changing to a 9 feet by
18.5 feet space. Each of the space lengths indicated in Section 23 - 63
(8) could be reduced.

3) Small car spaces should be defined and permitted up to 25% of the total
in lots and garages of 40 spaces or more. This percentage can probably
be adjusted upward in about 5 years' time. Suggested size of small car
spaces is 8 feet by 16 feet.

o Parking Standards for Shopping Centers

1) The number of parking spaces required for shopping centers.should be
based on the overall gross leasable square footage and have
adjustments for floor area devoted to office, cinema, and food service
uses.

2) Recommended standards for shopping centers are as follows:

4 spaces per 1,000 square feet of gross leasable area (GLA) for
centers up to 400,000 square feet.

4.5 spaces per 1,000 square feet of GLA for centers of 400,000 -
600,000 square feet.

5 spaces per 1,000 square feet of GLA for centers over 600,000 square
feet.

3) Required modifications if centers include offices, cinemas, and food
services.

Offices. Office space in excess of 10 percent of GLA, add 1 parking
space per 400 square feet of gross floor area of office over 10
percent GLA.
Cinemas. At centers of 200,000 square feet or less with. cinemas
seating over 450 persons, and at centers over 200,000 square feet with
cinemas seating over 750 persons add 3 parking spaces per 100 seats.

6-13

Food Services. Food service space in excess of 10 percent of GLA
requires 10 spaces per 1,000 square feet in centers of less than
100,000 square feet and 6 spaces per 1,000 square feet in centers of
100,000 - 200,000 square feet of GLA. No modification is necessary
for centers over 200,000 square feet.

o Setbacks, Screening, Landscaping and Design Standards.

It is strongly recommended that specific standards for the design of
parking facilities be adopted as part of the off-street parking
requirements of the Zoning Code. Some standards are present in the
sub-division code, they should be clearly referenced in the Zoning Code.
Most strongly recommended are standards for design of the elements of a
parking area and for the edge treatment where lots or garages are adjacent
to residential or institutional uses, as follows:

1) Parking areas defined:

A parking area is any land area designed, used, or intended to be
used for the parking of five (5) or more automobiles.

2) Parking areas, design requirements:

Surfacing. All parking lots and driveways shall be surfaced with a
two-inch asphaltic or Portland cement binder, providing a durable and
dustless surface, on top of four to six inches of compacted stone
base and compacted earth.

(Note: Discussions with Planning Department staff indicates that
there are occasions where the Director or his designee have approved
crushed stone parking areas for certain low-traffic uses. A waiver
provision should be included, with the Planning Department allowing a
waiver based on predetermined principles or conditions.)

Grading, Drainage. All parking areas shall be graded to a positive
drainage system connected to a stormwater runoff system to eliminate
standing water and damage to adjoining property and the public ways.
Maximum permitted grade for any parking space, excluding access
ramps, shall be five percent (5%).

Lighting. Where provided, lighting shall be designed so as to
prevent glare onto any public or private property or streets.

Striping. Parking stalls shall be clearly marked with striping from
four to six inces in width.

Circulation. Driveways and internal drive aisles shall be designed
to minimize conflicts with pedestrian paths on and about the site.
Pedestrian ways will be clearly marked and separated to the degree
possible, from automobile traffic.

(General Note: Where such design requirements are already described
in the subdivision code, reference should be made in the zoning code.
3) Parking areas, edge treatment:

6-14

Barriers. Car stops, bollards, pipe rails, curbings, or other
suitable barriers shall be installed at the edges of parking areas to
prevent the movement of automobiles onto landscaped areas, adjacent
properties, public ways and pedestrian ways or sidewalks.

'Screening. A solid fence, masonry wall, compact evergreen hedge or
other suitable screening device is required at every property line
which separates a residentially or institutionally used or zoned
property from a parking area. Such screening devices are to be a
minimum of four feet in height to ensure visual privacy at ground
level. Any required screening must be maintained by the owner of the
parking area. (See Chapter 20 of the New Castle County Code -
"Subdivision ... Regulations" Appendix XIII).

Consideration should be given to including front, side and rear yard
setbacks for parking areas in all districts, and including required
landscaping elements in such setback areas in the zoning code. Such
landscaped spaces may be permitted in lieu of screening devices at rear and
side lot lines adjacent to residential uses, with setback depths of ten to
twenty feet. Where used along the principal public right-of-way, landscaped
open space depths would vary. In residential districts they should be the
same as the required front setback, while in commercial, office, and
industrial districts, they would more logically be shallower than the front
setback required for a structure. A depth of 20 feet would be appropriate
for front landscaped open space in commercial, office and industrial
districts which are not adjacent to or across from residential or
institutional properties.

Suggested wording for consideration is as follows:

1) Front Landscaped open Space Defined.

A front landscaped open space is intended to enhance the appearance
of parking areas along the public right-of-way. Such landscaped
areas may be broken only by required driveways, and may be surfaced
with grass, groundcover, or a combination and shall contain
ornamental shrubs or trees, walls, or berms to create a partial
screening and attractive decorative feature in front of parking
areas. Signs otherwise permitted by the regulations of this code may
be located within this space, but may not be located so as to
obstruct vision of the street or sidewalk at points of access.

2) Front Landscaped Open Space Required Depth.

(a) Whenever parking areas are developed in residential districts in
locations where they are not screened by buildings on the site, the
front landscaped open space shall be the depth of the required front
yard.

(b) In office, commercial or industrial districts which are neither
adjacent to, within 50 feet of, nor directly across a public
right-of-way from residentially or institutionally used or zoned
property: twenty (20) feet.

6-15

FIGURE 2. FRONT LANDSCAPED OPEN SPACE. Suggested Treatment for
Parking Area Adjacent to Residential or Institutional, Same Side of
Street.

0!
1VO4@
,00
Parking Area for c)ffice, Institut-ional Usc@
commercial, or Manufacturing

-----------

50,
.12 of -I(,-
............... ..............
................ .......

............... ........
............. .
............ :::::: ...............
... ............

...........
..............
........... street Right-of-way
.......... .........
.......... .............. ..................
..........
............ ..........
. .. .......
... ...................... .....................
... .......
.................. ....
........... ........... ..........................
.........................
. ............... .......................
........... I...........
............

Where is the required front setback in the R District or the front
yard of the institutional use.

FIGURE 3. FRONT LANDSCAPED OPEN SPACE. Suggested Treatment for
Parking Area Across Street Right-of-Way from residential or Institutional,

..................... .
............ ..
................
..................

......... ... .............
...............................

.................... ..........

...............................
............................

0
R District
or
............. . .......
x. I i-nstitutional.
..............
.............I.................
................ ..............
Parking rea Use
......... .......
........ .......
........ .......
for Offi e, street
........ ........
Conunercial, or R.O.W.
......... .......
........ ........
... .............
Manufacturing
........................
.................. ......
....................
.................. ......
.............................
.......................
.............................
...............................
...............................
............I..............
...............................
..........I................
...............................
...............................
.......... ....................
..........I...............
...............................
...............I...............
...............................
..... - I.....................
.............................
.......................
..............................
...............................
...............................
......................
....................... ......
................... ...........

..............................
..........................
I.........................
..................
...................
..........................
................... ...........
......I..... ........ .. ...
Where 'Xtis the required front setback in the R District or the front yard
of the institutional use. 6-16

(c) Where office, commercial or industrial parking areas are designed
within 50 feet of residential or institutional uses or lands on the
same frontage, or across a public right-of-way from such uses or
lands, the front landscaped open space shall be the depth of the yard
required for residential or institutional uses in the adjacent
district (see Figures 2 and 3 which follow).

o F. STANDARDS FOR LOCATION OF PARKING (MAXIMUM DISTANCE) AND SHARED PARKING

While it can be difficult to regulate the distance that parking may be
located from the building in cases where facilities grow incrementally,
effort should be made to see that it is near enough to be useful.
Distances should be measured from the nearest entry door of an
expanding commercial or industrial complex to the most distant parking
spaces.

The standards for location of parking spaces, currently Section 23-63
(2), does not now but should include a maximum distance from the
building or use for auditoriums, stadiums, ... or industrial, wholesale
and manufacturing establishments and hospitals, where such spaces are
for all-day and all-shift uses by employees. Recommended distance for
all-day or all-shift use: maximum of 1200 feet from building or use.
Recommended distance for auditoriums, stadiums, assembly halls,
gymnasiums, and other places of assembly: 1,000 feet from building or

use.

In Section 23-63(3), parking spaces for places of assembly may be the
same spaces assigned to other uses which are not in operation at the
time of events at the place of assembly. Where such shared parking
arrangements may be workable, a recorded legal instrument defining the
hours of operation of the two functions sharing parking must be
approved by the County legal staff and the Planning Director, and
recorded prior to issuance of permits for the principal use.

When parking required by the code is located on a parcel of land that
is not legally joined to the parcel containing the principal use the
parking is to serve, a recorded legal instrument reserving said lands
for parking for that use must be approved by the County legal staff and
the Director of Planning and subsequently recorded prior to issuance of
permits for the principal use.
0 H MAPPING PARKING DISTRICTS IN TRANSITIONAL LOCATIONS

Parking for large scale commercial, office, and industrial uses can be
a very good neighbor for residential and institutional uses, providing
substantial buffering for the less intensive use from the more
intensive neighboring use. The City of Rochester's zoning ordinance
includes a separate district called "Transitional Parking". This
district was developed, in part, to respond to concerns of
neighborhoods threatened by the continuing expansion of large
industrial uses which were buying up residential properties nearby,
demolishing them, and gradually eating away at residential streets in a
piecemeal and sawtooth pattern. The Transitional Parking District has
also proved to be useful for rezonings, particularly those requesting
more intensive commercial and industrial designations adjacent to

6-17

residential areas. In such cases, the T-P Transitional Parking
District may be used for the portion of the site adjacent to
residential districts, while the main portion of the development
becomes zoned for commercial or industrial use. Provisions of te
Rochester code describing the Transitional Parking District are
duplicated as Appendix A. of this chapter.

6-18

References:

The Dimensions of Parkin Urban Land Institute and National Parking
Association, 1979

Landscaping Guide, City of Rochester, N.Y., January 1978

Parking Requirements for Shopping Centers: Summary Recommendations
Urban Land Institute by Wilbur Smith and Associates, Inc,, 1981

A Parking Standards Report, Volume 1, for City of Los Angeles,
Parking Standards Design Associates, 1971

The Trend Toward Compact Cars: An Evaluation of Parking Standards
Philadelphia City Planning Commission, 1980

Zoning, Parking, and Traffic. Eno Foundation for Transportation, Saugatuck,
Connecticut, 1972

6-19

115-80 ZONING -ART. XV � 115-80

� 115-80. T-P Transitional Parking District.
A. Purpose.
(1) The T-P District is intended to provide compact areas
to meet cus.., ',e@,Z@d employee- parking needs of
1% M, -Tficturing-indus trial uses while
COMM n% manu
creating a transitional zone between such uses and
nearby resid-ential uses -and avoiding the traffic and
parking congestion and hazards in residential areas
which frequently result from inadequate parking in
neighboring nonresidential districts. The district is
intended to prevent the expansion of industrial and
commercial uses into their districts and, by requiring
setbacks and landscaping, to assure attractive
parking facilities that are compatible with adjoining
residential uses.

(2) It is to be expected that the district will find use in
those areas where it is appropriate to provide for more
manufacturing-industrial and commercial use parking
adjacent to residential areas than can be ac-
commodated in a transitional parking lot permitted as
a special use pursuant to the Residential District
regulations.
(3) The district may be mapped independently or may be
overlaid on any part or all of any district except a
Commercial District or a Manuf acturing- Industrial
District.

B . Standard or overlay district. Subject to the limitations
hereinafter set forth, the T-P District may be mapped upon
the District Zoning Map, pursuant to the procedures for
amendilig the District Zox@jng_M@,p established by section
� 115-26 of this chapter, either independently of any other
district or in conjunction with any underlying district other
than a Commercial District or a Manufacturing-Industrial
District. When overlaid on another district, the T-P
District shall provide optional regulations available in lieu
of those applicable in the underlying district; provided,
however, that any lot may continue to be used in ac-
cordance with the regulations applicable in the underlying

11875 9-25-75

6-A-1

115-80 ROCHESTER CODE � 115-80

district in the same manner as though the T-P District did
not exist.

C. Minimum district size and location limitations.

(1) Minimum size. No T-P District shall be created having
an area less than twenty thousand (20,000) square feet
in one (1) contiguous, compact area.

(2) Location. No T-P District shall be created unless such
district abuts, or is directly acros,,@.,a street from, a C-2
or C-3@ Commercial District r M-1 or M-2
Manufacturing- Industrial District for a distance of
not less than forty (40) feet.
D. Permitted uses. The following uses are permitted as of
right in the T-P District:
(1) Municipal parking lots and garages.
(2) Public parking lots and garages.
(3) Private customer and employee parking lots and
garages.
E. Accessory uses 'and structures. Accessory uses and
structures are permitted in the T-P District subject to the
provisions of � 115-87 of this chapter.
F. Temporary uses. Temporary uses are permitted in the T-P
District subject to the provisions of � 115-89 of this
chapter.
G. Special permit uses. In addition to the uses specified in
� 115-29E(l), the following uses may be permitted in the
T-P District subject to the issuance of a special permit as
provided in � 115-29 of this chapter and subject to the
additional standards hereinafter set forth:

(1) Automobile service stations, subject to the following
additional standards:

(a) The use is located entirely within the structure of
a parking garage.
(b) The use is clearly accessory and subordinate to
the principal parking use.

11876 9 -25-75

6-A- 2

115-80 ZONING--ART. XV � 115-80

(b) The use is clearly accessory and subordinate to
the principal parking use.

(Cont'd on page 11877)

11876.1 1-1-79

6-A-3

� 115-80 ZONING -ART. XV � 115-80

(c) The use complies with all standards set forth in
� 115-54G(l) of this chapter.
(2) Auto washes, subject to the following additional
standards:

(a) The use is located entirely within the structure of
a parking garage.
(b) The use complies with all standards set forth in
� 115-55G(2) of this chapter.
H. Space, bulk and yard requirements.
(1) Maximum height permitted. No portion of a building
or structure located in a T-P District and separated
from the district boundary line by only a required yard
or a right-of-way, or both, shall exceed the maximum
height permitted in the adjacent district nearest to
such building or structure. Any portion of a building
or structure separated from all T-P District boundary
lines by a distance greater than the aforesaid yard and
right-of-way shall not exceed the maximum height
permitted in the nearest district plus one (1) foot for
each foot of said distance.

(2) Minimum yard requirements:

(a) Front yards:
(11 Fronting directly on:
[a] An R District boundary line: lot, ten
(10)'feet; garage, twenty (20) feet,
[b] A C District boundary line: lot, ten (10)
feet; garage, ten (10) feet.
[c] An O-S District boundary line: lot, ten
(10) feet; garage, twenty (20) feet.
[d] An IPD District boundary line: lot, ten
(10) feet; garage, twenty (20) feet.
[21 Any other district: lot, five (5) feet; garage,
five (5) feet.

11877 10-1-79

6-A-4

� 115-80 ROCHESTER CODE � 115-80

[31 Notwithstanding any of the foregoing, any
parking lot or garage located on a frontage
which lot or garage is directly adjacent to
any property on the same frontage zoned in a
Residential District shall maintain a front
yard line equal to the average front yard line
existing or required, whichever is less, for all
property on such frontage included in any
Residential District.

(b) Other yards:
[11 Abutting a Commercial or Manufacturing-
Industrial District boundary line: zero (0)
feet.

(21 Abutting a railroad right-of-way other than
at a Residential District boundary line: zero
(0) feet.
[31 Abutting an O-S District boundary line: ten
(10) feet or one-half (1/2 ) the building height,
whichever is greater.
[41 Abutting any street: same as front ya-rd.
[5] All others: five (5) feet or one-third (1/3) of the
building height, whichever is greater. Where
property abuts a railroad right-of-way at a
Residential District boundary line, the
setback shall be measured from such bound-
ary line.

L Signs. Sign regulations applicable in the T-P District are
set forth in � 115-88 of this chapter.
J. Use limitations. The following conditions and limitations
shall apply to, and be complied with by, all uses and
structures located in the T-P District:

(1) Parking lots and garages in the T-P District shall be
used exclusively for parking of passenger vehicles.
(2) Parking lots and garages in the T-P District shall be
equipped and controlled to a degree sufficient to

11878 10-1-79

6-A-5

� 115-80 ZONING-ARTI. XV � 115-80

discourage illegal parking, vandalism and other
unlawful or nuisance-creating activities. When so
equipped and controBed, such lots and garages may be
operated twenty-four (24) hours a day. [Amended 9-25-
79, Ord. 79-5211
(3) Parking lots and garages in the T-P District shall be
subject to all the provisions of � 115-90C of this
chapter relating to the design and maintenance of
parking lots and garages.
(4) No commercial repair work or services shall be con-
ducted in any T-P District except as expressly
authorized in a special permit issued in accordance
with Subsection G b f this section.

(5) No vehicular entrance or exit shall be located across
the street from any property located in any
Residential District, and each entrance to and exit
from any parking lot or garage shall be at least Iff nt.
y
(20) feet from any property located in any Residential
DListrict consent of e ow
except t at, with t
which should be
submitted in writiDg- with the application, this
requirement may be waivei by Ci@@@without
unusual physical or topographical conditions.
[Amended 9-25-79, Ord. 79-5211
(6) City Council may, in the ordinance establishing any
particular T-P District, waive any of the conditions
imposed by this Subsection J or impose any additional
conditions not herein contained, when it finds that
such action is warranted by reason of unusual physical
or topographical conditions of the particular property
or by reason of the particular uses and character of
surrounding properties. The Director of Zoning shaH
cause any ordinance thus waiving or adding con-
ditions to be promptly recorded with the City Clerk
and shall, by notation on the District Zoning Map,
indicate that the particular T-P District is subject to
special conditions.

11879 10-1-79

6-A-6

CHAPTER 7

AMENDING THE ZONING REGULATIONS AND ZONING MAP

1. Introduction

State enabling legislation in Delaware allows counties to create zoning
districts and codes, and to amend the maps and texts of the code in the same
fashion. In each instance, the procedures involved are legislative in nature,
with recommendations coming to the County Council from the Planning Board and
Planning Department prior to the Council's hearing and decision. Final action
by the County Executive follows the signing of an ordinance by the President of
the County Council. If the County Executive fails to act within 30 days of
Council action, the ordinance becomes law, according to the County Charter.

zoning map and zoning text changes each occur in distinctly different ways.
Zoning map amendment applications are usually initiated by private landowners or
by developers holding options on privately owned land. Zoning text amendments
are more typically generated by planning staff work, occasional ly at the
direction of Council or the' request of the Planning Board, as a response to
development trends. Both procedures are legislative in nature, requiring
extensive staff review and public hearings.

Traditional zoning has been justly accused of being static. It is the evolving
nature of development patterns, land uses, and building types themselves that
causes amendments to the zoning map and zoning code to be sought. Zoning made
to correspond to the end product of a comprehensive plan or master plan targeted
to a specific date years into the future cannot easily anticipate changes in
technology, markets, or tastes and preferences. Hence, the zoning amendment
process is a necessary and ongoing reflection of changing conditions in both
site-specific and areawide matters.

A. Zoning Map Amendments

The process of changing a zoning map, often called simply "rezoning", is
frequently thought of as a highly politicized and erratic process fraught with
frustruation for developers, neighborhing 'property owners, planners, and local
legislators. A hotly contested rezoning can be expensive, lengthy, and can
consume considerable time and money for all parties. A goal of this study is to
streamline the rezoning process. Distinct areas within New Castle County, the
northern third in particular, have seen much greater development pressure and
resultant requests for rezonings. These development pressures may not have been
anticipated when the Zoning Code was originally mapped. As a result,
substantial areas are zoned for large lot single-family residential use. A
development proposal requiring amendment to the zoning map generates
considerable review work for the planning staff and for other parties including
utility companies.

B. Zoning Text Amendments

Text amendments are usually generated by the Department of Planning in response
to -changing conditions in the community. occasionally, but very seldom, a text
amendment is requested by a specific developer, in conjunction with a new

7-1

development prototype design. Examples of this might include fast-food
restaurants with particular signage packages which do not conform to the current
code standards or a housing developer with a new design type, such as the
.. twin-duplex" which does not fit any of the existing definitions of housing type
in the code.

2. Innovative Techniques and Recent Trends in Rezonin

A considerable number of innovative techniques have been developed in recent
years which speed the rezoning process or offer an alternatiVe to it. Among
these are "floating" zones, conditional rezonings, overlay zones, and various
offshoots of the planned unit development concept. Each of these is discussed
briefly below.

A. Floating Zones

The term "floating zone" refers to a zoning district which is written into the
text of a zoning ordinance, but not placed on the zoning map until a development
proposal is approved by legislative action. Floating zones are most commonly
used for large scale unified developments including regional shopping centers,
planned-unit residential developments and large industrial parks and such
districts. Accommodation for these large developments is already incorporated
in the New Castle County Code. The district regulations state conditions which
must already exist for a landowner to apply for reclassification to the
particular floating zone. With such basic standards fulfilled, the issues
before the planners and legislature center on whether the proposed site is the
best site in the area for such facility, whether there are any exceptional
topographical or natural features on the site which should be considered, and
general site planning concerns.

B. Conditional Rezoning

A conditional rezoning is one which is approved with conditions apart from the
normal standards for the designated-zoning district. Such conditions may relate
to screening or buffering from adjacent properties, special provisions for
water, sewer, and drainage, or addition of conditions to assure amenities in the
design of the site or buildings. The conditions are frequently put in the form
of a covenant restricting the land to comply with the conditions sought by the
municipality.

In earlier years, courts had difficulty with the concept of conditional
rezonings, but in more recent years, the practice has been more widely accepted.
This acceptance has been tied to a relationship between conditions imposed and
policies or provisions in comprehensive plans and those which clearly relate to
the public health, enjoyment, and benefit. Where the conditions imposed are
clearly for the purpose of assuring the compatibility of newly rezoned land and
its development with surrounding uses and to enhance the development for the
public benefit, court challenges should not be a problem.

In utilizing conditions in approval of a rezoning, care must be taken not to
have the process appear to be contractual in nature. Courts have often
invalidated "contract" zoning, which is characterized by a binding promise on
the part of the municipality to delimit its power to rezone the land for a
certain period of time after the conditional rezoning approval. The conditions

7-2

attached to the rezoning are those to which the developer has agreed in
negotiation with the staff and legislative body. In New Castle County,
conditional rezonings are fairly common, and take the form of deed restrictions
which are filed with the ordinance approving the rezoning request.

C. Overlay Zones

Overlay zones are both described in the Zoning Code text and placed on the
zoning map, but only in conjunction with other "underlying" zoning districts.
Overlay zones may be used to add special restrictions or procedures to sensitive
lands such as floodplains, hillsides, wetlands, or forests, but they may also be
used to add categories of use to the development options of underlying
districts, such as conversion to office or retail use. The advantage of overlay
zones as compared to other discretionary devices is that the courts generally
consider them to be clearly described in the Code and relate to purposes of the
Comprehensive Plan. It is also possible to draft new overlay zones as unusual
development needs occur, and to process the map and Code changes simultaneously,
although this process may be lenghty due to the staff time required to draft the
Code amendments.

D. Planned Unit Development (PUD)

PUD's are the most common type of "floating zone", mapped in response to
development proposals. This mechanism is already part of the New Castle Code,
and has been addressed extensively in Part I of this study.

E. Recent Trends in Zoning Amendment Techniques

In recent years, a growing number of communities in the United Stat es,
especially in western U.S. and the sunbelt region, have adopted codes which have
emphasized lists of desirable characteristics for land development and the
issuance of permits based upon these lists. Many of these "point system"
approaches have recognized that design and environmental factors and other
performance criteria have more direct effects on neighboring properties and the
community than the particular use proposed, and have shifted from the permitted
and prohibited use list approach to the performance standard approach. For
example, a community may recognize that it is growing and that a regional
shopping center or industrial park is likely to be attracted to the area, but
not be able to predict the tract(s) of land most likely to be chosen for this
use. A set of criteria or factors for approval of such a use is written and
adopted as the development controls. Subsequently, when a proposal for a
regional shopping center or industrial park is brought in, the staff can review
each of the criteria and prepare a report for the Planning Board or Council
which indicates whether each of the criteria has been addressed successfully in
the proposal. In essence, the uses in the code all become "floating zones" to
be mapped as proposals are forthcoming.

Such permit systems for land development have been adopted both in conjunction
with, and as an alternative to, traditional districted zoning codes. Review
criteria have included availablity of utilities, traffic capacity of adjacent
roads, buffering of edges of the site, growth control criteria (limiting the
number of new dwelling units per year), usable open space, parking amount and
location, provision of lower-cost housing, and environmental factors such as
noise, vibration, dust, odor, and air pollution. Among the codes reviewed in

7-3

the literature for this section, five stand out as exceptional examples of
innovative techniques associated with the rezoning process. These are codes
from Petaluma, California; Boulder, Breckenridge, and Fort Collins, Colorado;
and, Broward County, Florida.

The Petaluma and Boulder Codes both have a major purpose of limiting the
residential growth of the community, to 500 units and 450 units per year,
respectively. Developers wishing to build new housing must compete against each
other based upon specific criteria. Petaluma has a point system which includes
10 separate factors for site design, building design, landscaping, amenities,
and provision of low- and moderate-income units. Boulder's system allocates
positive or negative points based upon public services and facilities, private
facilities to be provided in the development, low- and moderate-income units,
mitigation of adverse environemntal impacts, and design and compatibility of the
development with surroundings. Each of these evaluation systems is applied in
addition to zoning and subdivision regulations.

The town of Breckenridge, Colorado, has replaced its zoning ordinance with a
permit system based on an "absolute" standard system and a "relative" point
ystem for reviewing development proposals. If an application fails to comply
with any of the absolute policies, it is automatically defeated; positive or
S

negative points are assigned to the proposal based upon the relative policies,
and the project must score above zero to meet with approval and have a permit
issued. The Breckenridge system has been recognized as a greatly streamlined
system which owes its speed and simplicity of administration to carefully drawn
policies having great clarity. The town has, in fact, only one planner, and all
major projects are heard and decided by the Planning Commission within 40 days
of submission of the application. It should be noted, however, that in
abandoning the previous zoning regulations, all criteria relating to specific
uses of land have been eliminated in favor of performance criteria,

Broward County, Florida, exacts monetary and/or land payments from developers of
large tracts of land. The new Land Development Code, enacted in 1981, requires
donations of land or monies for schools, parks, and roadways in proportion to
the number of dwelling units to be included in the development. In conjunction
with these exactions, the County has formed a Development Review Committee which
represents fourteen agencies and divisions. A Development Managing Director
administers the process and issues permits.

Fort Collins, Colorado, recently adopted a "Land Development Guidance System"
which totally replaces a use-category zoning ordinance. This system has won the
American Planning Association's highest award of merit. The introduction to the
Ft. Collins document is duplicated as Appendix A to clarify the conceptual basis
upon which that community decided to review development without zoning
regulations. The basis of the system is the use of "point charts" which detail
criteria, give them a weighting and a total point score for each major type of
development activity. The charts from the Ft. Collins ordinance applicable to
all development and to the Neighborhood Service Centers category are duplicated
as examples and appended as Items B and C to this chapter - These evaluations
could be modified to permit their use as PZA evaluation methods, thus removing
some of the "gray" areas in this process.

A major goal and presumed benefit of most of these new techniques for judging
the appropriateness of a development proposal which would require legislative

7-4

action is the shortening of time for review and approval of the development.
Defining the criteria for approval in written form, making it available in
advance, enables developers or their agents to design their projects to provide
the types of amenites or other features desired. This sequence can both speed
their approval and provide the compatibility and benefit to the community that
planners and council members seek in new development. Thus, carefully drawn
evaluation critera for development of each major category of development would
enable the officials involved to determine quickly and simply what are the
appropriate recommendations. If the criteria are properly described and
represent the concerns of the community, complex conflicts beiween developers,
neighbors, and community officials may be sharply reduced in the "rezoning"
process.

3. New Castle County's Zoning Map Amendment Process

The legislative process as described in the Code and in the chart prepared in
November, 1976 is lengthy, and provides several opportunites for protracted
delays in the decision-making process. Streamlining the zoning map amendment
process appears desirable, and could be achieved in several basic ways,
including: shortening time limits for responses from support service providers,
including time restraints in parts of the process where none exist, and placing
additional responsibility on the applicant to effect the referral process.

A. Preliminary Zoning Application (PZA)

The PZA is a fairly quick advance application, costing only $25.00 for the
developer/applicant to obtain a recommendation from the Planning Department on
the "advisability" of a rezoning application. This procedure has the effect of
requiring the planning staff to make recommendations twice in the process and
can serve as an early "screening" of proposals. The staff is directly involved
at a later stage in gathering information for the Planning Board, holding a
joint public hearing and issuing a formal recommendation with the Board.

However, the Preliminary Zoning Application part of the procedure does allow for
early notification of the potential development to utility providers and to
other concerned County departments. Another benefit of this process, although
not specifically spelled out in the Code, is that it gives the developer an
early opinion on the merits of the rezoning change request, and, if the staff
recommendation is negative, the opportunity to withdraw or to significantly
modify the request prior to requesting that an ordinance be drafted and before
any formal public hearings by the Planning Board and County Council.

The process is also a fairly quick and uncumbersome one. Review of the Rezoning
Tracking Charts supplied by the Planning Department indicate that the average
PZA opinion is written within two weeks of receipt of an application.

B. Ap2licant-Initiated Ordinance Reques

After the planning staff has prepared a written opinion on the PZA and sent a
copy to the applicant and the Council member from that district, the next step
in the process is one that the Code requires be initiated by the applicant. The
applicant must ask the District Council member in County Council to request that
an ordinance be prepared for this rezoning. A significant number of rezoning
applications terminate at this stage. A breakdown of the disposition of all

7-5

zoning amendment applications commenced in 1981 is shown in Table 1 at the end
of this section. of the 63 zoning map amendment applications commenced in 1981,
close to half (29) were not pursued after the Preliminary Zoning Application
staff opinions were written. Of these, nearly three-fourths (3/4) received an
"Inappropriate" recommendation from the planning staff.

If the Council member from that district requests that an ordinance be drawn, it
is also incumbent upon the applicant to pay the second (higher) fee for
processing the ordinance through two hearings, and to supply an accurate legal
description of the ground to be rezoned. Payment of the fee in particular is
likely to have the effect of generating second thoughts for the developer whose
rezoning request has received an unfavorable opinion from the Planning Staff.

It is appropriate to keep the Preliminary Zoning Application process separate
from the ordinance drafting and hearings process; the PZA screens out nearly
half of the applications which would need to be processed through Planning Board
and County Council hearings, many referrals, and additional meetings with staff.

C. Support Fasilities Report

The next step, prior to the Planning Board/Planning Department hearing is to
obtain information from Public Works, the State Highway Department and the Water
Company serving the area and prepare a report. There are frequent delays at
this step indicated by dates entered in the Rezoning Tracking Charts. Such
delays are most likely caused by failure of other agencies - those that provide
sewerf water, electric, gas, telephone or street improvements - to respond to
the Planning Department's inquiries on a timely basis.

D. Hearings, Decisions, County Executive Sign-off

As soon as the Support Facilities Report is compiled, the rezoning case is
scheduled and advertised for the Planning Board/Department hearing. This takes
place at the first Board meeting of the month. Most often the planning
recommendations are made two weeks later at their second monthly meeting.
occasionally, there is a one month delay for additional information after the
close of the hearing.

The County Council public hearing is generally scheduled 17 days to 6 weeks
after the planning recommendations, and the case is voted on by the Council at
the same meeting. The County Executive then signs the ordinance, almost always
within a week of Council action.

E. Overall Processing Time

The average processing time for a Zoning Map Amendment is slightly over six
months. There is a considerable variation, with some applications handled as
quickly as three months, and others over one year. Cases which result in
ultimate denial by Council, or in approvals with deed restrictions, tend to be
the slower applications. While six months is not an unusual length of time for
processing zoning amendments, the time could be shortened for routine
applications.

Recommendations for shortening processing time of routine applications:

7-6

- Retain the Preliminary Zoning Application process as it is for Zoning Map
Amendments initiated by private applicants.
- Create a hand-out for the applicant describing in detail his/her
responsibilities for information to be submitted, fees involved, contact
with the Council Member from that district, and anticipated timetable if all
steps are carried out on a timely basis.

Potential remedies to delays in receiving reports frcm other agencies:

- Creation of a standard referral process which includes a deadline for comment
and assumption that the agency can serve any development possible under the
proposed rezoning if no comment is received by that date. Such a referral
memo would need to describe the maximum potential developemnt under the
proposed rezoning.

- Proceeding to the Planning Board/Planning Department hearing with a certain
deadline, and issuing recommendations with contingencies for reports not yet
received; such reports must be available prior to the County Council hearing.

7-7

New Castle County
Department of Planning
%lary D. ;o,nlin R;[email protected] 1A. Bauer
Count% E,ecutive Director
2701 Capitol Trail
Newark. Delaware 19711 (302) 366-7780 NEW CASTLE CO.UNTY REZONING PROCESS

30 Days Maximum* 6 Weeks to 2 Months Maximum

Applicant: Files Planning Dept. Planning Dept. issues Council Member or Ordinance is for-varded
Preliminary Zoning evaluates PZA, based written opinion on PZA Council President to Planning Dept.
Application with on Comprehensive Plan, to appropriate District introduces rezoning which prepares a Support
Planning Dept. Water, Sewage, etc. Council Member and ordinance to County Facilities Staterent,
applicant Council issued 10 days*beore
public hearing, property
is posted.

Rezoning Ordinance
on the same parcel
may not be acted
upon for 3 years****
("Stability" provision)
No Tine Period 30 Days Maximum 1 Month to 1 Year Maximum

Defeat County Council holds Planning Department's Plann
Veto --I,- - County oublic;hearings 2nd written rerrArtmendation Board
Executive @Ep p r @.-e and 4th Tuesday and report and Planning Reco
L votes (4 affirmative B0ard 's - itten recom- and B
Tab le votes out of 7 needed .endation report forwarded at Pu
for adoption) to County Council** meeti

Required by County Code
The Planning Board and Department of Planning have 90 calendar days after the introduction of the ordinance in which to send the
recoramendation reports to County Council. The Department and/or 'Board may request 45-day time extensions by County Council for
recommendation reports if materials pertinent to the rezoning ordinance, e,g. traffic impact study, have not been received and/o
Advertised In Legal Notices 17 days beforehand, required by County Code.
Three-year "Stability" provision may be waived if County Council finds that there has been a change in facts and circumstances 0
substantial and material new data exist.

Prepa

TABLE 1

DISPOSITION OF ZONING AMENDMENT CASES - NEW CASTLE COUNTY
(cases commenced in 1981)

Status Number of Cases

Not pursued to PZA report; incomplete application
or information lacking 3

Not pursued after "Inadvisable" PZA recommendation 23

Not pursed after "Advisable" PZA recommendation 6

Not pursued after ordinance preparation was requested 3

Not pursued after negative Planning Department/Planning
Board reconmendation (after hearing) 1

Withdrawn after County Council hearing 1

Approved (without deed restrictions) 13

Approved with Deed Restrictions 7

Denied by County Council
- after "Inadvisable" PZA recommendation 3
- after "Advisable" PZA recommendation 1

Not concluded as of 8/82 (one was revised) 2

TOTAL ZONING MAP AMENDMENT APPLICATIONS COMMENCED IN 1981 63

Text Amendments
Approved 1
Not Completed 1

TOTAL ZONING MAP AND TEXT AMENDMENT APPLICATIONS COMMENCED IN 1981 65

Data, Source: New Castle County Department of Planning, Rezoning Tracking Chart

7-9

4. Potential Measures to Speed the Rezoning Process

A. Pre-Application Conferences

One measure which has proven useful in streamlining the process of rezoning and
subdivision approval in many communities is the scheduling of a pre-application
conference. Representatives of most, or all, the relevant support service
providers and review agencies can come together to discuss the proposed
development and begin to develop solutions to the provision of utilities and
services to the project. Such conferences act as an "early wai@ning" device for
the affected service providers, for the developer/applicant, and for the
planning staff - For larger scale development, such meetings are generally
chaired by the Planning Director, a senior staff person designated by' the
Planning Director, or a Development Coordinator, where such a person exists.
Some communities have an individual on their economic development staff who is
assigned as coordinator/ liaison person with all affected services and agencies,
assisting the developer/applicants in cutting through bureaucratic "red tape" by
making key contacts with the proper county staff or staff at public utility
agencies.

Pre-application conferences are particularly appropriate for large-scale
development, whether industrial, commercial, or residential, where the
developer is an established corporation with a track record and procedural
fast-tracking is desirable from the standpoint of the developer and the
community. It is less apt to be useful in highly contested rezoning cases, and
may be totally unneccessary for small developments. Discretion is needed by the
Planning Director to determine when development conferences or pre-application
conferences should be called and which agencies' representatives to include.

B. Reports on Support Facilities

Almost all rezoning applications in an urbanizing area require the extension of
support facilities and services to the newly developing tract(s) of land.
Numerous agencies, departments, and utility companies must be contacted and
asked to report on their capacity to serve the proposed development. There are
three main actors in this reporting function: the developer/applicant, the
planning department, and the affected agencies. The burden of responsibility
for obtaining information on capacity of support facilities may be assigned to
any of these actors. Either the applicant or the planning staff may initiate
the request for comments from the review agencies. Deadlines for their comments
should be established. Thus it is incumbent upon the planning staff to set the
deadlines for comments from the review agencies in relation to required dates
for recommendations and hearings and to follow through to be certain that all
necessary comments are received from the providers of support facilities.

The responsibility for providing sufficient information on the proposed
development to the review agencies should rest with the developer/applicant; in
large scale development, the developer generally expects to take this role.
Smaller, less experienced developers may require more guidance on such matters
from the planning staff. The developer/applicant should be aware that timely
provision of information to support facilities providers will be essential to
speedy processing of the rezoning request. However, the planning staff should
be prepared to inform the providers of utilities and support services of the
maximum potential development permitted under the proposed zoning district(s)

7-10

and that comments on those densities and uses are needed.

C. Review and Approval of Site Plans

One of the difficulties in administering zoning map amendments is the constant
and natural curiosity about the specific development proposal that has triggered
the rezoning application. Caution must be taken in the process, however, to
focus primarily on the provisions and restrictions of the zoning district
requested for the development, rather than the specifics of the design of the
proposal at hand. (The new zoning designation will relate to' the land, on a
permanent basis, and the current proposal may not mature into development.)
Detailed site plans should be required of the developer, and will be required in
any case where there is a subdivision approval required concurrently * Modern
performance zoning has tended to de-emphasize the use of the land and to add
emphasis to the design of the use, particularly as it relates to neighboring
properties and uses. Thus, many communities have required detailed site plan
submissions in conjunction with rezoning requests.

If a site plan submission is required for rezoning, it should not be required at
the earliest stages of the review procedure (Preliminary Zoning Application); it
would tend to slow the review of the PZA, and could be a waste of effort for
applications that clearly merit a negative recommendation at the PZA stage.
After review of the PZA, staff may request a detailed site plan and suggest
important criteria for its design elements, including major circulation
patterns, grading, treatment of environmentally sensitive areas, and buffer or
screening treatment at perimeters adjacent to other properties. Such features
may subsequently be made conditions of the rezoning, to the extent that they
have a clear relationship to the public interest and the protection of
neighboring properties.

D. Negotiations and Modifications during Review

Negotiations with the applicant/developer during the hearings and decision
process can be fruitful, particularly if there is consideration of deed
restrictions or granting a zoning district change different from the original
request. Specifically, an applicant/developer could be asked to come in to meet
with the Director or his designee on the planning staff to effect a compromise
district request (a less intensive district than the one requested originally),
special design features such as heavy screening, earth berms, circulation
improvements, landscaping or design improvements, after the public investigative
hearing has brought forth neighborhood opposition and the planning staff has had
the opportunity to meet to consider alternative solutions.

E. Deadlines for Actions

There are several places in the rezoning procedure where extensions of time are
considered to be automatic or where there are not specific deadlines for action
which would lead to the next step in the process. Among these are:

autcc@atic extension of 45 days after expiration of the original 45 day period
for the Department of Planning and Planning Board to report their
recommendations to the County Council.

further extensions for the Planning Board/planning staff recommendations to

7-11

County Council may be granted by Council (the rezoning process chart
indicates up to one year, although the Code is silent on this issue).

Such open-ended steps in the process may cause delays which can frustrate the
developer and cause expenses to increase, occasionally to the point where the
development proposal is withdrawn; such delays can cause an unintended
non-growth policy. A reduction in delays, by generating a decision even in
controversial cases is highly desireable.

F. Recommendations

(1) Pre-application Conferences

Consideration should be given to holding pre-application conferences for
all rezoning applications over 5 acres once an "Advisable" PZA
recommendation has been made and the applicant has paid the fee for the
hearings.

All utility companies and public agencies which will need to provide
facilities to serve the site development should be invited to the
conferences, which would be chaired by the Director of Planning or his
designee. Follow-up phone calls should be made to the most critical
agencies to be sure that a representative will be attending the meeting.

(2) Support Fa ilities Coordination

A standardized referral memo which lists all utility companies and public
agencies in the distribution should be used. This memo should be sent
upon receipt of the fee and property description for the hearings phase
of rezoning application. A deadline for comments prior to the Planning
Board/Planning Department public hearing should be set, with the
understanding that any agency or department which does not respond by
that date is able to serve development permitted under the rezoning
request. This latter approach may be unrealistic but some method to
assure a timely response is needed.

The applicant should be provided with a written list of the agencies and
departments, their addresses, telephone numbers, and name of a contact
person to whom they should submit a map of lands to be rezoned, along
with other necessary information. Instructions should make it clear that
the onus of responsibility is on the applicant to provide needed
information to these agencies.

(3) Submission of Site Plans

- Detailed site plans should not be submitted until after County Council
approval of the rezoning application in non-PUD developments. Council
ordinances in some cases may be conditioned within the ordinance to
require approval of a detailed site plan by the Planning Board; such
obligation to run with the land rezoned, in case the current applicant's
plans fall through. County Council's ordinance should direct the
Planning Board's revieiito focus on any specific features of the site or
the developmethat concern the health, safety, and well-being of persons
in adjacent areas of the County.

7-12

(4) Negotiations During Review

Add a section describing negotiations during review, either by the
Planning Board and staff or by the County Council, which clearly allows
for such meetings and compromises with the applicant, and clearly state
the County's ability to grant a different zoning district than the
original request or to attach conditions. Suggested wording is as
follows:

"Negotiations during review. Staff of the Department of
Planning and of the County Council may call applicant in for
negotiations and revision of the zoning amendment application
subsequent to information obtained at the Planning Board public
hearing." [New paragraph (c) to 23-85.1 (12).)

"The County may, in such cases where necessity dictates for the
health, safety, and public welfare of the residents of the
immediate area or the County as a whole, grant a lesser relief
than the zoning district originally sought, or attach such
conditions as are legally acceptable to mitigate potential
adverse impacts of proposed development to the ordinance
approving a rezoning request." [to be inserted as f inal
paragraphh of 23-85.1 (13).]

5. Text Amendment Procedures

Processing of text amendments tends to proceed without direct neighborhood
interest in most cases, because the change proposed is community-wide in scape
and is not generally associated with a particular piece of land. However,,,
advertising of the change should be done in the same manner as a map amendment,
and should include any identifiable interest groups. Due to the f act that no
specific parcel of land is usually involved in the hearings, slow-downs in
processing of text amendments generally are few. The Preliminary zoning
Application step in the review process is unnecessary for text amendments
generated by County Council request or by the planning staff. While in practice
the PZA is omitted for most text amendments, the Code does not currently specify
that it can be omitted.

A. Recommendations:

(1) a paragraph should be added to Section 23-85.1(1)a clearly indicating
that text amendments may be initiated by the Planning Director or any
member of the County Council.

(2) in cases where the text amendment is initiated by the Planning Director
or is researched and drafted by the Planning staff upon request of a
County Council member, the Preliminary Zoning Application procedure
should be waived by the Planning Director. This waiver authority
should be included in the Code.

6. References

1981 Zoning and Planning Law Handbook, Frederie A. Storm, Ed., Chapter 6,

7-13

"Reform of Discretionary Land Use Decision-Making: Point Systems and
Beyond", Kurt Wickersham, Jr., pp. 77-94.

The New Zoning: Legal, Administrative, and Economic Concepts and
Techniques, Norman Marcus and Marilyn W. Groves, Eds., pp. 6-7, 23-42.

The Administration of Flexible Zoning Techniques, Michael J. Meshenberg,
Planning Advisory Service Report No. 318.

7-14

Appendix A. Introduction to Ft. Collins, Colorado "Land
Develonment Guidance System", Concept (pp. i - vii)

1. THE CONCEPT OF THE "LAND DEVELOPMENT GUIDANCE SYSTEM"

A. What is the "Land Development Guidance System"?

Fort-Collins is changing daily in its physical form as a result
of decisions made by a variety of public officials and private
individuals. Nearly every decision that is made has at least
some implications that go beyond the immediate matter at hand.
Thus, it is important that the community have an overall set
of objectives, policies, priorities, guidelines and standards to
provide a framework of reference for the consideration of day-to-
day decisions.

Since December of 1979, the Fort Collins Department of Planning
and Development, assisted by Bob Komives, planning consultant,
has underfaken an exhaustive study of matters relating to devel-
opment and regulation of land within the Fort Collins urban
area. The product of this research is the "Land Development
Guidance System". The "system" will replace the existing Planned
Unit Development regulations of the City and serve as a key
mechanism by which the City guides the development of private
1 and. The Land Development Guidance System will give landowners
considerable flexibility in developing their property as long as
the project conforms to certain general criteri'a designed to
protect and improve the health, safety, convenience and general
welfare of the people of Fort Collins.

The development potential of any particular site will be evalu-
ated on its own merits--size, shape, location, natural features
and site concept development--rather than according to a pre-
determined zoning district classification. The system was
carefully fashioned not only to fit prevailing conditions but
also to satisfy future requirements as gauged by.the Land Use
Policies Plan' Goals and Objectives, and sound planning prin-
ciples. Finally, the system assures new development meets not
only physical, but social, economic and aesthetic needs of the
City of Fort Collins.

B. On what is it based?

The basis for the "Land Development Guidance System" is found in
the City's adopted Land Use Policies Plan, Energy Conservation
PIan, the City's Charter, anj Morado Stat Statutes.

The impetus to developing the system is found in the Land
Use Policies Plan, Policies 18, 19, and 20, which call for--tTe-
development of an industrial "point" system, project impact

7-A-1

-i-

assessmen*t system, and land use, site planning and urban design
criteria, respectively. The proposed system is designed to
achieve each of these policies in a single comprehensive docu-
ment. Secondly, major impetus for several sections is found
in the adopted Energy Conservation Plan which calls for research
and development of oFdinance revisions that will address and use
energy conservation techniques.

Many of the individual criteria and incentives are directly
attributable to specific policies within the Land Use Policies
Plan, for instance, Policies 21, 22, 26, 27, 41, 46, 47, 50, 51,,
3T-76, 68-74, 76-80, 84, 88, 89 and 92. Other policies are.,
indirectly attributable to or implied within the system, for
example, Policies 3, 6, 44, 48, 49, 67, 75, 82 and 91.

The leg.al authority granting the City of Fort Collins the right
to cond@ct the implementation of land use plans is granted in the
City's Charter Article XIX, Planning and Zoning. Article XIX
establisFe--d-a City Planning and Zoning Board and describes the
functions of the Board. The Charter also lists as a function
of the City's Planning and Zoning Board, "To exercise the autho-
rity vested in it by State zoning laws". -A recent piece of
legislation (CRS 29-20-101, et seq), commonly referred to as
House Bill 1034, and 30-28-106, commonly known as Senate Bill
150, amended the Colorado Revised Statutes 1973 to include the
following powers for local governments:

1. Regulate the location of activities and developments
which may result in significant changes in population
density.

2. Provide for phased development of services and facilities.

3. Regulate the use of land on the basis of its impact on the
community or surrounding area.

4. Plan for and regulate the use of land so as to provide
planned and orderly use of land and protection of the
environment in a manner consistent with-Constitutional
rights.

5. Providing for the utilization of solar energy in, land use
regulation.

C. WhZ change existing regulations?

The Land Development Guidance System is the result of several
years of review by the City of Fort Collins of the quality,
quantity, and process of development. While existing zoning and

7-A-2

subdivisi 'on regulations have been successful in preventin.9
disastrous growth patterns, several weaknesses were found. These
have been reduced or elimi.nated in the Land Development Guidance
System.

1. Changes in zoning were occurring on a site-by-site basis
independent of the eventual site design which would ulti-
mately determine the compatibility of the proposed land use
with the surrounding neighborhood. Further, under zoning
regulations, some uses are barred from districts where
similar uses are permitted with no logical basis for such,
differentiation. Under the new system, no land use is,
automatically excluded from a specific site. Rather,
criteria are established which ensure that each land use
will be compatible with adjacent land -u@s-es-,las--we-11 as.foster
a healthy growth pattern for the community as a whole. A
sife plan is required to evaluate the applicant's success or
failure to address these criteria. If the criteria are met,
the use may proceed.

2. While the present Planned Unit Development Ordinance permits
the developer more creativity and fle-xibility than the
strict application of the zoning and subdivision regula-
tions, the density of residential areas and allowable uses
are bound by rigid and arbitrary limits th-at do not always
reflect the capacity of the site and neighborhood. The
ever-changing residential market place has responded to the
need for flexibility far more quickly than has traditional
zoning. Under the new system, a base density is set to make
certain a minimum efficient service delivery. The maximum
density depends on the performance of the site plan and its
location relative to criteria which reflect factors impor-
tant to neighborhood capacity and City form.

3. "What it takes to get by" is most often the level of crea-
tivity fostered by the traditional development regulations.
While Fort Collins is fortunate to deal with developers and
a buying public that generally expect and demand more than
minimum quality development, the existing zoning and
subdivision regulations provide no incentives or rewards for
excellent design and creativity. Beyond the minimum levels
of performance, the Land Development Guidance System re-
quires a high level of design to ensure neighborhood quality.
The system offers the developer flexibility to choose from a
variety of design criteria to achieve the minimum number of
points for approval. Thus, while a higher level of design
is required from the developer, it is matched by increased
flexibility.

7-A-3

Likewise, the system provides a mechanism for regulating
land development activity on the basis of energy conserva-
tion, housing price (low income housing), amenities, accom-
modation of alternati-ve transportation modes, public fiscal
impact and other important aspects of growth which zoning
and subdivision regulations ignore.

4. A frequent complaint cited by both developers and citizens
is that the existing Zoning and P.M. review, system is
unclear and inconsistent. Using the list of criteria for
each project can help reduce differences in evaluation from
staff member to staff member. The City Council and Planning
and Zoning Board should be less susceptible to charges of
inconsistent treatment than when ad hoc evaluations are
used. Consistency in measures and terminology can also make
it easier to compare data from different development pro-
posals. The explicit listing of criteria used in evalua-
tion, and the repeated use from case to case, should help
all parties better understand the basis for decision-
making in advance. The emphasis on end impacts from
the citizen's view helps ensure the relevancy of the
evaluation. Finally, a clearer, more precise set of
criteria should help decision-makers explain and defend
decisions, making it easier to demonstrate that a thorough,
rational, fair, and consistent approach was used.

5. The existing approach to development evaluation often
overlooks some significant adverse impacts. Conventional
zoning does not always contain the performance standards
to protect adjoining landowners. The advantage of the new
system is that major impacts are identified at the begin-
ning of the process. Besides helping to assure that
these large impacts are not missed, the system's compre-
hensive approach helps identify less obvious, but impor-
tant, impacts by requiring all aspects of a plan to be
explicitly considered.
6. 'The conventional zoning system for regulating. land develop-
ment has often been accused of unpredictability. Zoning has
always involved two conflicting interests--the neighboring
land owner who wants the property to remain vacant or at a
lower or identical intensity to his, and a developer who
wants a higher intensity use. The City Council and Planning
and Zoning Board must continually determine whose interests
prevail: One must win; the other must lose. The rules of
zoning do not allow much latitude for compromise. The new
system includes extensive considerations based upon design
factors to insure neighborhood compatibility. The devel-
oper will get his profit; the neighbor gets his protection.

7-A-4

-iv-

7. The exi-sting zoning system'is supposed to provide equal
guidance for infill, as well as peripheral, developing
properties. But traditionally, zoning regulations have
responded much more clearly to the needs and requirements of
new developing areas. Consequently the regulations are
imprecise in dealing with infill pr@jects,, work at cross
purposes and often serve as a brake to redevelopment. The
Land Development Guidance System is designed to provide a
balanced set of criteria for all types of development, as
well as to establish criteria for infill development which is
currently missing within the existing regulations.

8. Finally, a major reason why conventional zoning has failed
to come to grips with land use planning is the requirement
that all land within the City limits be zoned. What has
occurred as a result, is that land has been zoned for very
low density in spite of both the City's and developer's full
knowledge that a change in zoning will be requested as
development pressure increases. This use of a low density
zone as a holding zone casts suspicion on both the real
purpose of low density districts and on the zoning ordinance
as a whole. This has led to further complications.; as
people build in these low density areas, they create pres-
sure to maintain those areas at that density, regardless of
what the areas might be best suited for in terms of the
City's overall plans and needs.

The above items demonstrate the weaknesses of conventional zoning
as a land regulatory mechanism. Even with the fine tuning of the
City's ordinance with the present Planned Unit Development
Ordinances, Transitional Zones and limited performance standards,
it has not often worked. A radical departure from tradition is
necessary. The Fort Collins Land Development Guidance System
fosters a creative partnership between private enterprise and the
community. Through this partnership the public good sought in
the Comprehensive Plan is pursued, and the opportunity to make
sound market decisions by the developer and sound planning
decisions by the City is increased.

D. What assumptions have been made?

The Land Development Guidance System is based upon several
assumptions and conclusions regarding the land development
process in Fort Collins.

1. That any land use likely to occur in Fort Collins can in
most cases be made compatible with any neighboring I-and use
through careful design and buffering. Simi I ar iy, two

7-@-A-S

otherwise compatible uses can be poor neighbors as a result
of poor design and buffering.

2. Site design, use, and, in many cases, architectural design
review, are critical for all developTent.
3. Increasing the opeortunitX for higher densitx residential
d-evelopment and mixed land uses is good tor the community.
While the increasing cost of usable energy favo s a more
compact and mixed land use pattern of development, the trend
has been to greater dispersion, less diversity, and general-
ly lower densities. Higher densities and land use diversity
should be encouraged and accommodated in an effort to
reverse this trend. Similarly, when higher density devel-
opment is combined with energy efficient locational cri-
teria, the result is reduction in the length of roads
and utility systems which decreases costs of development,
drain on city resources and usage of fuel.

4. The City should encourage the provision of low income
T071 sing, ener@y conservation and other important go.als of
the City through an incentive program.

5. The City should encourage larger scale development on the
periphery of the Cit@ through an incentive program. A
larger site generally is able to provide more innovation and
variation in design, increased efficiency in utility ser-
vices, and to accomplish many more of the objectives of the
City than do smaller development sites. However, this
assumption is not made at the expense of the established
areas of Fort Collins. Rather, the Land Development Gui-
dance System is equally effective in the established areas
of Fort Collins.

6. The private market is in a better position to determine the
appropriate location of industrial uses and reg onal/com-
munity shop-p-in-5 - ers than the My of Fort Collins.
Merely designating areas in which land is available f-or
industrial development or those uses of regional impact on a
zoning map has done little to attract or to control indus-
trial land uses or regional/community shopping centers.
Rather, the choice of location is a product of a myriad of
private decisions dealing with availability of suitable
sites at reasonable prices, adequate street access, avail-
ability of utilities and a skilled labor force. The City
should be concerned with the performance of particular uses
rather than their location on a zoning map.

7-A-6

-Vi-

7. The Ci ty of Fort Collins should provide gu dance for the
Tocation of higher density residential and neighborhood
commercial uses. Pro-per planning ol --- dential areas and
the location of higher density residential areas and neigh-
borhood commercial uses can result in lower. economic costs,
environmental costs, natural resource consumption and some
personal costs for present and future residents.

8. Higher density can be an incentive for residential devel-
opers to incorporate measures which address larger community
needs, such as low income housing and energZ conservation,
which otherwise might be ignored.

9. The system should incorporate recognition that there
are,.trade-offs among quality attributes of a project and
7a so among CMy--oQ'ectives.

10. The system should recognize that certain policies and
mpor -----Ehan others through
criteria are of more or less i tance
the establishment of weighting factors.

11. Both the public and the development industry can benefit
a more predictable and flexible regulatory Rrocess.
Not ing is more predictable than a specific zoning district
for a specific use, Unfortunately, the criteria for chang-
ing a specific zoning on a parcel of land are vague enough
that the likely outcome of a rezoning request is difficult
to predict. As a result, the general public loses faith in
the process, and the developer is forced to take substantial
financial risk. A system which makes the criteria for
approval more explicit and predictable is of benefit to all
parties.

7-A-7,

-vii-

Appendix B. Ft. Collins, Colorado, Point Chart for All Development

All DEVELOPMENT POINT CHART A

All Criteria Applicable Criteria Only
III IV
is caceee %.rlfs -- SCORE
CRITERION 0110"'On co"ecl MAO& Eomed ACVWCtO
"Coble scol.
An -
PHASING
1 0 Uroor, Contiguity I X12 101 -5 1 1
URBAN DESIGN
b Buddi Variety 11 210 2
cClustering 11210 3 Add the subtolols from Point
dSolar Orientation 12 0 4 Chart A to ff-ie- totals from Poet
eSlopes/Solor Access 12 0 3 Charts B through F that opply.
fHeight/ Solar Access 12 0 4
gOutdoor Space 12 0 3 The pialW ffiO earn 65%
hAccess to Recreation 12 0 3 of the rnoximum applicable
points.
IRange of Open Space 1210 2
IEntionces/Wind 1210 2 Points KAoximum
kEntrances / V@blky-oy 1210 2 Earned Applicable
IEntrances/ Crossings 1210 1 Fbnls
m Entrances/Nodes 1210 2
n Entrances/ Open Space 12 0 2 Col. III Col. tv
o Works of Art 12 0 1
P Architecture 12 IL 3 A
CIRCULATION
qStreet Systern Design 12101 2 B
rJoint DrNe@%ays 12 01 3
sScle-walk /Non-local X2 01 2 C
tScie-malk/Local X2 01
uPodestrion Cb--N@ 12 01 2 D
VBuiding Connection 12 01 1
A wPedestrian /Auto 12101 1 E
xLow Interest Areas 12 01 2
YRoth Landscaping 12 01 1 F
zPath Lighting 12 0 1
oo Street Landscaping 12 0 4
lob Bikepoths 12 0 3
RESOURCE PROTECTION _v] EJ
cc Historic / Envirorynent 11 2 01 2 1
dd Historic /ChorWer 12 0 2 V/V,
ee Historic /Adaptive Use 12 0 2
If Energy Landscotong 12 0 3 Percentage
qg Solar Landscaping 12 0 3 rrc
ea=d o
n'I, 1" 1%
ti) Gardens 1 12 0 1 applicable
ii Structured Parking 1 12 0 1 points. minus 65%
jj Steep Slopes 1 12 0 2 Quolitv
kk Vvt:iter as an Amenity 112101 21 bonus
11 Water Quality 12 0 1
n-m V@bteir Ccns--rvation 1-2-101 2
rr, Aif Quality 1 210 1.
PUBLIC SEP','ICES & @4C!Li'IES
-e Proectcn _LI 2 0 2
co Police 11210 2
@Anio, 2
I f2l
V
Wverv wel, ac-re SUOVOIS

7-A-8

Appendix C. Ft. Collins, Colorado, Point Chart for Neighborhood Services
NEIGHCOKDRHOOD rr"(DINT CHART B
SERVICE CENTER

For All Criteria AIDQlicable Criteria OnlV

III IV

Circle the
Crit= Correct Mittiplier Points Appicooe
Criterion AWicabie Score Earned Points

Yes No [Yes V Nol X 11
a Transit route 1XI 2 01 2
bAt collector/arterial X 2 0 3
C "'Nortl-@ Fort Collins X 2 0 2
d From regional center -X 2 0 1
eFrom neighbor. center X 2 0 @2
S. College corridor X 2 10 4
9 Non-arterial access 1 2101 3
h Joint parking 1 12 0 1 3
Grocery store X 2 0 3
Energy conservation 1 2 0 4

k 1 2 0

1 2 0

'VW-\ABfy Vk-11 Cone Totals

Transfer Totals to Point Chat A V
V1

0
Percentage Earned of Maximum Applicable Fbints V/Vl=VllEVII /01

7-A-9@
-21-

CHAPTER 8

SITE PLANS FOR COMPREHENSIVE RESIDENTIAL DEVELOPMENTS

1. introduction

The purpose of this chapter is to identify the relationship between an unusual
section of the code, Section 23-9 which provides for a generalized variance for
large residential developments on a highly discretionary basis and the Planned
Unit Development portions of the code. Further the purpose is to identify the
utility of Section 23-9 and comment on its potential use. A key reason for this
evaluation is that this portion of the code, site plans for comprehensive
residential developments, has been employed only a very few times for
development in the County, despite its relative freedom from enumerated
restrictions. In order to proceed with this analysis a close examination of
Section 23-9 is in order. What follows is the text of the section, slightly
abbreviated:

Sec. 23-9. Site plans for comprehensive residential developments.

Upon presentation to the board ... of a site plan showing the
locations, dimensions and elevations of buildings and the locations
of open spaces for the special treatment of an area of not less than
twenty acres and lying in one or more residence districts, the board
may, after public notice..., recommend to the county council a
variance form the use, height and area provisions of this chapter,
but not including any use permitted only in a commercial or a
manufacturing district.

Such recommendations ... only after submission ... to the department of
planning and a determination ... that such plan conforms with its
standards in regard to those features which com6 under its
jurisdiction in control of subdivision. In addition, the board ...
shall find that the proposal conforms with the following special
requirements:

(1) The open spaces around buildings and lot areas are equal to or
greater than the total required ... under the yard and area of lot
restrictions for the district ...

(2) The provision of light and air is ... adequate to the special
circumstances and ... equivalent to the requirements ...

(31 The minimum distance between any two buildings will be not less
than the average height of opposite walls and in no case less than
sixteen feet, where two buildings front on the same street or where
opposite walls face each other, or overlap, for a distance of six
feet or more.

(4) It will establish a residential environment of sustained
desirability and stability and in harmony with ... the surrounding
neighborhood.

On receipt of such recommendation from the board of adjustment, the

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county council may by ordinance grant such variance, approve the plan
and direct the issuance of certificates ....

2. Analysis

The first paragraph cites perhaps the most fundamental feature and, perhaps,
weakness of this Section: ".., the board may, ... recommend to the county
council a variance from the use, height and area provisions"... (emphasis
added). What a developer asks for, under this proceedure is that a variance be
granted, for all or much of the development. A variance-is intrinsically
inferior to a traditional rezoning as it implies a non-conformance to use,
height or area provisions of the code. A non-conformance may face special
restraints if attemps are made later to modify the project and it confers more
restricted rights, essentially only the right to do exactly what has been
proposed. This may be described as "site plan zoning". This drawback may be
quite serious or, at least, be perceived as serious in large developments
constructed incrementally,

The second paragraph provides the key procedural element designed to assure
development quality. The critical point here is that there must be a submission
to the Department of Planning and "a determination that such plan conforms to
its standards ... under its jurisdiction in control of subdivision." The
jurisdiction of subdivision controls is quite broad encompassing ".. promoting
the health, safety, convenience, order, and welfare of the citizens..."
Specifically these controls include Article II, Land Planning Policies calling
for coordinated land planning, avoidance of strip development, safe and
efficient street design and numerous other desirable goals. As a result of this
broad mandate "... plan conforms to its standards..." the Department of
Planning has wide authority to make input to any plan submitted for this broad
variance system. This feature might be characterized from a developers
perspective as at least as much and perhaps more exposure to revision than would
occur under "matter of right" submission applications. It is our belief that
this fact compounds the problem of construction under variance rather than fixed
zoning because the developer is likely to percieve himself as having little or
no leverage in the situtaion. Most developers assume that some concessions or
relaxation of regulations will be available to them in any case, particularly if
they are in compliance, or close to compliance, with the permitted development.
In DPUD the developer gets approval for an overall plan, including unit count,
and can then provide actual development plans for one segment at a time. Later
revisions especially those involving reductions in unit count,, can then be
approved administratively - a situation which gives developers considerable
confidence that they can change their plans unhindered.

In addition to these general requirements and proceedures there are four
development controls listed. These too, are of a general nature and permit wide
discretion in site planning.

Open space must be equal to or greater than that which would have been required
in the underlying zoning. This provision is logical but leads to a complex
computation if it is taken literally. For instance in an R-2 and R-1-CC
underlying zoning the percentage of unbuilt lot area in,, matter of right
developments, could often be in the vicinity of 77%. Table 1 below illustrates
this problem with hypothetical numbers.

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R-2 R-1-CC Total
1. Site Area 15 acres 5 acres 20 acres
(653,400 s-f-) (217,800 s-f-) (871,200 s-f-)

2. Roads approx.
10% 65,000 s.f. 21,000 s.f. 66,000 s.f.

3. Buildable lots
(right)* 27 20 47

4. Building coverage 82,250 s.f.
(50' x 35')

5. Driveway average 33,840 s.f.
(60' x 12' x 471)

6, Coverage total
2 + 4 + 5 202,090 s.f.

7. Potentially required
open space (1-6=) 669,110 s.f.

8. % potentially
required open 77%

estimated "matter of right"

A literal interpretation of these numbers would indicate that the actual
intention of this broad variance power is to permit highly concentrated
developments on large sites. As there is no unit count limitation a
developer could propose virtually any type of dense housing from row units
to high rise provided that building coverage and parking coverage (not open
pace) remain at 25% total. An examination of several actual development
site plans provision ignored this open space requirement entirely. Rather
s

more intense developments have used this process and apparently
calculations like the one above were never considered.

This hypothetical development characteristics analysis can be carried
further but it would not contribute greatly because it is very speculative
and, as a matter of practice, irrelevant.

2. The provision of light and air must be "adequate to the circumstances and
equivalent to the requirements"* This is a basic concept to all zoning and
reiterates responsibilities within the subdivision regulations.

3. The minimum spacing requirement requires the distance between "overlapping"
buildings to be at least the height of the walls facing each other or 16
feet whichever is greater. This again is a basic concept although this is a
minimal regulation, very much in keeping with the unfettered spirit of this
variance process.

4. The development must have "sustained desirability and stability and (be) in
harmony with the surrounding neighborhood". This constraint if interpreted

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literally, would be a rather difficult one in that the development types
which may be encouraged in this process are not likely to be similar to
adjacent standard developments. If they were to be similar a rezoning to
some overall standard classification would usually be preferable.

The last paragraph calls for County Council to grant the variance by ordinance.
This is an interesting point because a "variance" is traditionally granted by
the board of adjustment. Presumably the "master variance" which this may
enccmpass is different in character as it is based on a specific development
plan. In comparison, were a concentrated row home development. to be granted by
variance at the board the list of variances would be lengthy, including lot
area, setback, side and rear yards, use (attached dwelling) all multiplied by
the number of units, and perhaps others. It is important to note that while
this type of enormous variance list is usual it is possible for the Board of
Adjustment to grant such a list, albeit unlikely.

3. Conclusions and Recommendation

it is the view of the consulting team that in most respects development
conducted under 23-9 will be less well conceived and potentially inferior to the
DPUD type development. As is usual in any case the specific qualities of the
developers, their personal and marketing orientation, will determine the
desirability of the finished product. Little evidence was found that the short
st of development controls provided for Section 23-9 were taken seriously but
there was fairly careful review by the Department of Planning. The use of this
li

system has apparently come about in several cases as an outlet method, when a
basic rezoning was not possible. This is interesting in that the rezoning of
the ground involves no more bureaucratic steps than this system. One
difference, while no governmental steps are saved, is that the developer goes
directly into the subdivision process and, if supported by the Department may
save some preparation time by avoiding the DPUD plan submission system. It is
not clear whether or not any real savings occurs this way but our view is that a
defined process of plan submission is usually preferable.

A second aspect which may be useful to developers and the planning staff as well
is that there may be major unit count "bonuses" in this process. In the few
past cases the proposals consiste@d of townhouses, garden apartments and other
types not permitted in the underlying zoning. This unit count bonus should be
traded for some definite value, i.e., the county should get good quality open
space, good site planning, and good landscaping as a minimal trade for the
increase in density.

As a result of this limited evaluation we would recommend retaining this section
of the code, because of its value as an outlet to "site plan zoning", and that a
number of minor changes be made to the criteria for granting this "master
variance".

Proposed changes:

Proceedukal: No change is needed if the County follows the subdivision
proceedures in documentation of the developments.

Site Are a: A decrease to ten acres would not be unreasonable because, as noted
in Phase I under DPUD, it is often the smaller "infill" sites which face the

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