Sec. 48-521. - Scope.

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

(Code 1968, § 48-50(b))

Sec. 48-522. - Purpose and intent.

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

(1)

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

(2)

Permit the return of precipitation to the ground water strata;

(3)

Assist natural drainage systems and ameliorate storm water drainage problems;

(4)

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

(5)

Prevent soil erosion; to provide shade; and

(6)

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

(Code 1968, § 48-50(b)(1))

Sec. 48-523. - Applicability.

The provisions of this subdivision shall be applicable to:

(1)

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

a.

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

b.

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

1.

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

2.

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

c.

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

(2)

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

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

Sec. 48-524. - Landscape plan review.

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

(Code 1968, § 48-50(b)(3))

Sec. 48-525. - Landscape plans required; contents.

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(Code 1968, § 48-50(b)(4))

Sec. 48-526. - General standards for landscaping and screening.

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

(1)

Minimum specifications for plants and trees.

a.

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

b.

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

1.

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

2.

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

3.

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

4.

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

5.

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

c.

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

(2)

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

(3)

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

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

Sec. 48-527. - Landscaping for parking garages.

(a)

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

(1)

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

(2)

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

(b)

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

(c)

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

(Code 1968, § 48-50(b)(6))

Sec. 48-528. - Parking lot perimeter landscaping requirements.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

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

a.

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

b.

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

c.

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

(6)

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

(b)

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

(1)

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

(c)

Modifications of perimeter and interior lot landscaping requirements.

(1)

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

(2)

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

(3)

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

(d)

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

(1)

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

(2)

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

(3)

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

(4)

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

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

Sec. 48-529. - Parking lot screening requirements.

(a)

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

(1)

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

(2)

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

(b)

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

(c)

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

(1)

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

(2)

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

(3)

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

(4)

Where an existing building is constructed at the property line.

(5)

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

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

Sec. 48-530. - Maintenance.

Each parking lot owner or parking garage owner, or their authorized agents, as the case may be, shall be responsible for the maintenance, repair and replacement of all landscaping, trees, plants, materials and barriers required by the provisions of this subdivision. All plants and trees shall be tended and maintained in a healthy growing condition, replaced when necessary, and kept free of refuse and debris. All landscape materials shall be maintained in a safe and attractive condition.

(Code 1968, § 48-50(b)(9))

Sec. 48-531. - Enforcement and compliance.

(a)

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

(b)

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

(1)

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

(Code 1968, § 48-50(b)(10))

Sec. 48-532. - Appeals.

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

(Code 1968, § 48-50(b)(11))

Secs. 48-533—48-539. - Reserved.