Sec. 48-471. - Stripping of topsoil.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

In connection with the construction or alteration of a street.

(5)

As incident to a use permitted in section 48-472

(b)

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

(Code 1968, § 48-54)

Sec. 48-472. - Excavation of clay, sand, gravel, rock, etc.

(a)

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

(b)

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

(1)

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

(2)

No depression shall be left below the surrounding ground level.

(Code 1968, § 48-55)

Sec. 48-473. - Projections into required open spaces.

(a)

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

(1)

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

(2)

Any permissible projection beyond the street line or the building setback line permitted under sections 506 and 507 of the building code of the city.

(3)

Any other permissible encroachment into a required yard or court permitted under section 508 of the building code of the city.

(b)

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

(Code 1968, § 48-56; Ord. No. 92-028, § 2, 6-4-92)

Sec. 48-474. - Visibility at corners.

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

(Code 1968, § 48-57)

Sec. 48-475. - Fences.

(a)

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

(b)

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

(c)

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

(d)

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

(Code 1968, § 48-58)

Sec. 48-476. - Large-scale redevelopment projects.

(a)

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

(b)

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

(1)

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

(2)

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

(3)

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

(c)

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

(1)

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

(2)

The open areas of the proposed development;

(3)

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

(4)

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

(d)

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

(1)

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

(2)

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

(3)

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

(e)

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

(Code 1968, § 48-59)

Sec. 48-477. - Private garages.

(a)

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

(1)

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

(2)

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

(3)

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

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

a.

Within the building;

b.

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

c.

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

1.

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

2.

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

3.

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

d.

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

(7)

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

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

Sec. 48-478. - Public garages and gasoline service stations.

(a)

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

(b)

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

(c)

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

(d)

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

(Code 1968, § 48-49)

Sec. 48-479. - Outdoor storage of materials.

(a)

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

(b)

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

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

Sec. 48-480. - Spill control.

(a)

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

(b)

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

(1)

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

(2)

Petroleum and petroleum products; and

(3)

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

(c)

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

(d)

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

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

Secs. 48-481—48-490. - Reserved.