SPECIAL MEETING
October 29, 1962
A special meeting of City Council was held Monday, October 29, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Hughes, Mowlds, Turner, Walls and Zartman.
Members of the Planning and Zoning Commissions of the City were present at the meeting and were introduced to City Council.
Mayor Carroll declared that the meeting was opened for a public hearing duly advertised for this time to consider an amendment to the zoning ordinance which would provide for a Highway Commerce Zone (C-4).
Attorneys for Anderson & Stokes, who propose to build a supermarket in an area considered for the above zoning, and for John Hunn Brown, a property owner, and other property owners were present at the hearing.
The proposed amendment was read in detail and as a result of discussion and argument eating establishments and bus terminals were added to conditional area permitted, signs were prohibited which could be confused with emergency vehicle lights; State Highway Standards for access and ingress roadways were adopted for application in areas of joint State and City control; and maximum building height was increased to 4 stories, 45' in height.
Under the proposed amendment to the Zoning Ordinance, certain uses in the Highway Commerce Zone would be conditional upon their approval by the Planning Commission. Maurice Hartnett, Attorney for John Hunn Brown, questioned the conditional use provisions of the Zoning Ordinance and stated his belief that under the ordinance a permit issued for a conditional use could be revoked. City Solicitor Buckson gave his opinion that a conditional use, though it might later become a nonconforming use through a change in the ordinance, could not be later denied as long as the prescribed conditions were complied with.
Following much discussion, the hearing was concluded.
On motion of Mr. Hughes, seconded by Mr. Mowlds, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DOVER AND PROVIDING FOR A NEW ZONE KNOWN AS “HIGHWAY COMMERCE ZONE (C-4).
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed necessary to provide for a “Highway Commerce Zone” in order to properly zone areas now included within the limits of the City of Dover by annexation, or otherwise.
NOW, THEREFORE, be it Ordained by the Mayor and Council of The City of Dover in Council Met:
1. That the following Section shall be incorporated into the existing zoning ordinance of the City of Dover and shall be a part thereof, and
2. That the Section and other amendments following shall be subject to the same general regulations and provisions as is the present zoning ordinance of The City of Dover.
NEW SECTION
SECTION 3.7A HIGHWAY COMMERCE ZONE (C-4)
3.7A.1 USES PERMITTED. No building or premises shall be used and no building shall be erected which is arranged, intended, or designed to be used in whole or in part for any purpose except the following:
3.7A.1.1 Uses permitted in Service Commercial Zone (See Section 3.7)
3.7A.1.2 In addition, the following may be permitted as conditional uses under Section 10.1 of this Ordinance:
(a) Drive-in facilities designed primarily to provide goods and services to persons while they are in automobiles, including drive-in eating establishments.
(b) Motels and Eating Establishments
(c) Auto laundries and auto parts stores
(d) Outdoor recreational facilities
(e) Auction establishments, shopping centers, and roadside vegetable markets
(f) Theatres, club houses and places of worship
(g) Establishments selling trailers, and memorial stones
(h) Household moving firms and related storage facilities
(i) Trucking terminals, including service, storage and repair.
(j) Building contractors, construction materials and related equipment storage provided that storage area shall be screened from public view.
(k) Offices and retail establishments.
(l) Bus terminals
3.7A.2 SIGNS AND ILLUMINATION. Signs and illumination are permitted as provided in Section 5.4 and as follows:
(a) Not more than two signs shall be erected for each establishment.
(b) The aggregate of total sign area, in square feet, on any premises shall be no greater than forty square feet or the length, in linear feet, of the premises frontage, whichever shall be greater.
(c) Signs attached to a building shall project not more than six feet from such buildings and shall not extend over any street.
(d) Signs shall not extend more than 30 feet from the ground; and shall be at least 15 feet from the front lot line except for signs to be attached to buildings erected prior to the effective date of this ordinance.
(e) Signs shall not be of a brilliance, design, color, or location so as to detract from or be confused with emergency vehicle warning lights, traffic signals or other official warning, directional, or information signs.
(f) Lighting within 200 feet of a residential zone shall be designed and installed so as to prevent direct illumination upon such zones. Where necessary, screening shall be installed for such purpose.
3.7A.3 PARKING AREAS AND LANDSCAPING. Parking areas shall be designed, surfaced, and maintained for convenience, safety and attractiveness. A hedge shall be maintained along residence zone boundaries to a height of at least five feet and adequate ultimately to screen all operations on the lot from view from properties in any adjacent residential zone.
3.7A.4 INGRESS AND EGRESS. Access drives shall be not less than 24 feet, nor more than 28 feet wide. There shall be no curb cuts or points of vehicular access to the lot other than necessary access drives. Each lot shall have a separate access drive for entrance and exit. In areas under the joint or overlapping jurisdiction of the Delaware State Highway Department and The City of Dover, the regulations of the Delaware State Highway Department relating to ingress and egress drives shall apply, in lieu of the foregoing.
3.7A.5 BULK AND PARKING REGULATIONS. See Section 4.17
3.7A.6 SUPPLEMENTARY REGULATIONS. See Section 6.3 and 6.4
3.7A.7 PERFORMANCE STANDARDS. All uses are subject to performance standards as set forth in Section 5.5.
3.7A.8 SITE DEVELOPMENT PLANS. Site development plan approval in accordance with Section 10.2 shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for nay change of use.
NEW SECTION
Section 4.17 Bulk and Parking Regulations for Highway Commerce (C-4) Zone
Minimum Required Dimension in Feet
Lot Width 150
Lot Depth 150
Front Yard 30
Side Yard 25
Rear Yard Equal in width to the height of the highest point of the building within 30 feet of a rear lot line adjoining a residence zone but in no case less than 10 feet.
Off Street Parking Spaces
per 200 sq. feet of floor
area 1 space, or as provided in Section 6.3
Maximum permitted
Building Height - stories 4
- feet 45
Floor Area Ratio 2.0
ADDITION TO LIST OF ZONES
SECTION 2.1 LIST OF ZONES
Add - Highway Commerce Zone (C-4)
Passed October 29, 1962
PLANNING AND ZONING
Members of Council expressed their appreciation of the attendance of members of the Planning and Zoning Commissions at the meeting and hoped there would be a better understanding of the problems of all bodies. Members of Council were invited to attend sessions of the Planning Commission at any time they desired.
A & P CONSTRUCTION
On motion of Mr. Zartman, seconded by Mr. Hughes, the Building Inspector was authorized to grant a building permit to Anderson & Stokes for the erection of an A&P supermarket on a plot south of Loockerman Street on the dual highway, an area in which the new Highway Commerce Zone regulations are expected to apply.
OTHER CONSTRUCTION
On motion of Mr. Zartman, seconded by Mr. Hughes, the Building Inspector was authorized to grant such other building permits as may be required in areas along the dual highway where the Highway Commerce Zone regulations are expected to apply during the interim between now and the official change in the Zoning Map. Building permits authorized are to be issued for repairs only.
ZONING MAP HEARING
On motion of Mr. Hughes, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution providing for a public hearing to consider a proposed amendment to the Zoning Map which would designate areas along the dual highway as Highway Commerce Zone (C04).
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH PROVISIONS OF THE DELAWARE CODE.
WHEREAS, a Resolution was recently adopted by the Mayor and Council of The City of Dover annexing lands east of the old boundaries of The City of Dover,
WHEREAS, Section 2.5 of the zoning ordinance of The City of Dover provides that all lands included within this area shall be zoned for R-20 or Agricultural use, and
WHEREAS, it is the desire of the Mayor and Council to amend the zoning ordinance to change the permitted uses within certain portions of this area.
NOW, THEREFORE, BE IT RESOLVED By the Mayor and Council of The City of Dover:
That the zoning ordinance and the zoning map be amended as hereinafter set forth and that a public hearing on the proposed change be held on the 26th day of November, 1962 at City Hall at 8:00 P.M. and that notice thereof be given in accordance with the provisions of the Delaware Code:
1. That all lands now located within the limits of The City of Dover bounded by Routes 13 and 113 between the Whiteoak Road and Coopers Corner shall be zoned as a Highway Commerce Zone (C04), and
2. That the zoning map of the City of Dover be amended and modified so as to provide for the change of the zoning area.
Adopted October 29, 1962
Council adjourned at 11:10 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 29, 1962 are hereby approved.
October 31, 1962 Crawford J. Carroll Mayor