Kent County, DE
 

§ 205-220
General requirements. 

§ 205-221
Design standards. 

§ 205-222
Parking and loading accessibility. 

§ 205-223
Setbacks. 

§ 205-224
Screening and landscaping. 

§ 205-225
Determination of parking and loading requirements. 

§ 205-226
Schedule of parking and loading requirements. 

§ 205-220 General requirements.

A. 

The parking or loading spaces required by this article shall be reserved for the particular use or structure for which they are required and may not be located on or extended into any public right-of-way.

B. 

Except for single-family residential uses in the AC, AR, RS1, RS5 and RMH Districts, all parking or loading spaces shall have direct access from an interior driveway and may not necessitate backing into any public right-of-way.

C. 

A commercial vehicle or vehicle used for commercial purposes may not be parked on a public right-of-way or on a lot in a residential district, except:

(1) 

When part of a permitted use in the particular zoning classification wherein located;

(2) 

When providing temporary service; or

(3) 

When the vehicle is an automobile, nonrefrigerated truck or van having a manufacturer's rating capacity of not more than two tons and the vehicle is used as transportation to and from place of employment, provided that in such cases only one vehicle may be so parked in connection with any one lot.

D. 

All parking areas, loading areas and driveways shall be graded and drained to dispose of surface water accumulation and shall be paved with a durable dust-free surface considered appropriate by the Department of Planning Services, Division of Planning. All drainage shall be collected and given appropriate treatment to ensure water quality that, upon release to surface waters, will allow compliance with DNREC Surface Water Quality Standards.

E. 

The owner and occupant of the property shall maintain off-street parking areas in a clean, orderly, dust-free condition, not to be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.

F. 

Bulk vehicular storage yards, outside display areas, and depots shall be considered storage uses and are subject to the provisions of this chapter.

G. 

Parking spaces or zones for use by persons with disabilities shall be provided in accordance with the International Building Code as amended and adopted by Kent County Levy Court

[Amended 12-16-2003 by Ord. No. 03-30]

H. 

Accessible parking spaces shall be signed in accordance with the following:

[Added 12-16-2003 by Ord. No. 03-30]

(1) 

Such signs shall be vertical and placed at a height of at least five feet from grade but no more than seven feet when measured from the surface directly below the sign to the top of the sign for each parking space.

(2) 

Such signs shall comply with federal specifications for identification of parking spaces reserved for persons with disabilities which limit or impair the ability to walk. A sign at least 12 inches wide (horizontal) and 18 inches tall (vertical) that includes the universal handicapped (wheelchair) symbol of access shall be required for each parking space reserved for use by persons with disabilities.

(3) 

These requirements shall not be construed to preclude additional markings, such as the international wheelchair symbol or a striped extension area painted on the space, or a tow-away warning sign.

(4) 

Compliance with the provisions of this section is required. The owners of record of properties found to be in violation of these provisions shall be provided with a written notice of violation and corrective order. Such corrective orders shall afford the owners of record of property found in violation of these provisions with at least 10 calendar days and not more than 30 calendar days to achieve compliance with the provisions of this section. Failure to achieve and maintain compliance with the provisions of this section may result in the issuance of a summons and associated penalties and fines as set forth in § 205-426, Violations and penalties, of the Kent County Code and in accordance with applicable provisions of Delaware Code.

§ 205-221 Design standards.

A. 

Dimensions of parking and loading spaces.

(1) 

Each parking space shall be at least nine feet wide by 18 feet long.

(2) 

Each loading space shall be at least 15 feet wide by 35 feet long with 15 feet vertical clearance.

(3) 

Each reserved handicapped parking space shall be not less than 12 feet in width, and shall be located as close as possible to elevators, ramps, walkways and entrances. Parking spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways or elevators.

B. 

Width of drive aisles.

(1) 

Each two-way interior parking and loading drive aisle for two-way traffic shall be at least 24 feet wide.

(2) 

Each one-way drive aisle for one-way traffic shall be at least 12 feet wide for parallel parking and diagonal parking when less than 45º, and at least 20 feet wide for perpendicular parking and diagonal parking that is 45º or greater.

C. 

Each parking and loading entrance and exit shall:

(1) 

Be located at least 50 feet from the apex of an intersection of any roads as measured along the edge of paving.

(2) 

Have a maximum width of 35 feet.

(3) 

Have a minimum width of 12 feet for one-way traffic and 24 feet for two-way traffic.

(4) 

Have landscaping and curbing along lot lines to control vehicle and pedestrian activity.

§ 205-222 Parking and loading accessibility.

A. 

Off-street parking shall be provided on the property with a principal use. However, 40% of the required parking may be allowed on a reserve parcel, provided that:

(1) 

The reserved parking area is compatibly zoned to accommodate the use.

(2) 

The location of the reserved parcel shall not require pedestrians to cross a roadway unless accomplished at a signalized intersection controlled for pedestrian crossings or by a marked pedestrian crossing above or below the grade of the roadway.

(3) 

The reserve parking area is located no more than 600 feet from the principal use parcel.

(4) 

The conditions of this arrangement are included in the recorded site plan of the principal use parcel with a note to the effect that the reserve parcel parking is designated as required off-street parking space for the principal use and shall remain so for the total period of time the principal use is in existence.

B. 

For purposes of Subsection A(1) of this section, parcels of the same specific zoning classification shall be presumed to be compatible. In all other cases, the Department of Planning Services, Division of Planning, shall determine whether the zones are compatible by comparing the nature of the proposed parking to that which is or would be authorized in the reserved parcel's zoning classification.

C. 

Off-street loading spaces shall be provided in close proximity to the principal or accessory use served. The distance from a loading space to the closest point of the building entry or loading area shall be no more than 50 feet.

§ 205-223 Setbacks.

A. 

This section does not apply to parking provided for an individual dwelling on a private individual lot.

B. 

Except as provided in Subsection C below, each off-street parking area and loading area shall be set back as follows:

(1) 

One-third the setback required for the principal structure from the front property line or right-of-way, but in no instance less than 25 feet.

(2) 

Except as provided in Subsections B(3) and D below, 15 feet from side and rear property lines, except that where commercial or industrial properties have a common property line, the setback may be reduced five feet if the square footage saved is added along adjacent residential property lines or provided as uncovered areas elsewhere on the site.

(3) 

Twenty feet for parking and 50 feet for loading from any residential property line where the adjacent property is developed or capable of being residentially developed.

C. 

Off-street parking for nonresidential uses located within or adjacent to residential or rural districts shall not be developed within the required front yard limit of said residential or rural district.

D. 

Off-street parking or loading areas may not be located on a corner lot within a triangular area formed by the intersecting road paving lines and a line connecting the apex of the intersecting paved roadways.

E. 

All interior driveway and drive aisles shall satisfy the setbacks of Subsections B and D of this section.

F. 

Except for joint entrances as may be authorized by the Department of Planning Services, Division of Planning, all entrances and exits providing vehicular access to and from a site shall be set back 10 feet from adjoining property lines.

§ 205-224 Screening and landscaping.

A. 

Open at-grade parking and loading shall be screened from all surrounding property.

(1) 

Screening and buffer areas shall be designed and planted in accordance with this section.

(2) 

For off-street parking that abuts a road right-of-way, at least 10 feet out of the twenty-five-foot wide setback area shall be planted with a minimum of one deciduous tree per each 30 linear feet, plus additional underplanting of shrubs or a wall or opaque fence, maintained to a height of at least three feet. The trees and shrubs may be arranged in groupings of planting beds and may be a mixture of evergreen and deciduous plant materials. Existing trees and shrubs may qualify as satisfying all or part of the requirements of this subsection.

(3) 

For off-street parking that abuts a residential district or property the setback area shall be planted with a continuous visual screen at least six feet in height which shall consist of a compact evergreen hedge or foliage planting with one deciduous shade or ornamental tree planted every 30 linear feet. A combination of planting and an opaque fence, wall or berm will satisfy the requirements of this subsection.

(4) 

Except as otherwise provided in Subsection A(1), (2) and (3) of this section, screen and buffer areas for all off-street parking shall be designed and planted in accordance with one or more of the following guidelines as approved by the Department of Planning Services, Division of Planning:

(a) 

A mixed planting of deciduous trees and evergreen trees and shrubs, or a planting of evergreen trees or shrubs or both, that may be expected to form a six-foot high screen within three years;

(b) 

An opaque wooden fence, an opaque fence or wall of other permanent building material, provided that the outside face of the fence or wall is planted with a minimum average of one shrub or vine per 10 linear feet or one large deciduous tree per 30 linear feet; or

(c) 

Existing vegetation that provides a dense year-round screen, provided that this screening is subject to on-site approval by the Department of Planning Services, Division of Planning, and may require supplemental planting.

B. 

Each off-street parking area with 10 or more spaces shall contain interior planting areas or islands.

(1) 

Interior planting area requirements for single row parking are as follows:

(a) 

Planting islands of at least eight feet by 18 feet for each 10 spaces or fraction thereof.

(b) 

Planting areas of at least six feet by 18 feet at the end of each row.

(c) 

Planting strips at least six feet wide running the length of a perimeter row if the row does not abut a planted area.

(d) 

Foundation planting of at least 10 feet in width along the entire length of a building when a perimeter row abuts a building or a sidewalk next to a building planting area.

(2) 

Requirements for double row parking are as follows:

(a) 

Planting strips of at least six feet wide separating the parking rows.

(b) 

Planting islands of at least eight feet by 18 feet for each side of the double row of 10 spaces or fraction thereof.

(c) 

Planting islands of at least six feet by 42 feet located at the end of each row.

C. 

Interior planting areas shall meet the following landscape requirements:

(1) 

For each eight-foot by eighteen-foot planting island, one deciduous shade tree with underplanting.

(2) 

For each six-foot by forty-two-foot planting island, at least two deciduous shade trees with at least 10 evergreens that will reach three feet in height at maturity.

(3) 

For each six-foot by eighteen-foot planting area, at least one deciduous shade tree and at least five evergreens that will reach three feet in height at maturity.

(4) 

For each six-foot planting strip:

(a) 

Deciduous shade trees planted at an average of 30 feet on center with underplanting; or

(b) 

Ornamental trees at least eight feet in height planted at an average of 15 feet on center with underplanting.

(5) 

For foundation planting, a combination of ornamental trees, evergreens and shrubs with seasonal underplanting.

D. 

A variety of plant material shall be used. Configuration and combination of plant materials shall be in accordance with sound horticultural and landscape architectural practices.

E. 

The use of an earth berm and similar grading techniques, in combination with Subsection A(2) and (3) of this section, is encouraged. Where this combination is used, the height of the plant materials may be decreased by the height of the berm.

F. 

Ground cover, grass or other approved landscape treatments shall be provided in each required planting area.

G. 

Facsimiles of plant material are not permitted to be used to comply with the requirements of this article.

H. 

The planted part of the setback area may be located either adjacent to the property line or between the property line and the area or use required to be screened.

I. 

Screening and landscape planting shall be sufficient to achieve the intended final effect within a three-year period.

J. 

In all instances, where possible, existing vegetation shall be used and supplemented to meet the minimum planting and screening requirements.

K. 

The owner and occupant of the property shall be responsible for the proper maintenance and replacement of landscape material. Each fence or wall shall be maintained in a safe and visually attractive condition.

L. 

Structures, interior streets, parking spaces, driving aisles and driveways may not be located in the required setback areas except for necessary access driveways across the areas as may be approved by the Department of Planning Services, Division of Planning.

§ 205-225 Determination of parking and loading requirements.

A. 

Parking and loading areas shall be calculated in accordance with Subsection B of this section (the results of these calculations are shown in § 205-226 of this article, Schedule of parking and loading requirements) subject to the cooperative arrangements specified in Subsection C of this section.

B. 

Calculation of parking and loading requirements.

(1) 

Parking and loading requirements, based on the square footage of the building to be served, shall be calculated by determining the total floor area utilized for the use or uses, excluding incidental service, storage and mechanical area. For shell buildings, without specific detail as to space utilization, parking and loading shall be calculated based on 80% of the gross floor area.

(2) 

Parking and loading requirements per seat shall be determined by the number of individual seats. For the purpose of bench-type seating, 20 inches is the equivalent of one seat.

(3) 

Parking and loading requirements for rated capacity shall be determined by the maximum capacity of a building governed by the Fire Code and the regulations of the Department of Health.

(4) 

Parking and loading requirements based on the number of employees shall be calculated on the maximum number of persons employed or on the premises at any one time, day or night.

(5) 

Parking and loading spaces shall be provided for each fraction in excess of 50% of the base measure in § 205-226 of this article.

(6) 

The parking and loading space requirements of § 205-226 of this article are in addition to space for parking of trucks or other vehicles used in conjunction with a specific use.

(7) 

Parking and loading spaces provided shall be increased to meet additional requirements if the structures or activities on-site are increased or expanded.

(8) 

The parking and loading requirements for two or more uses on the same property shall be the sum of the individual requirements for each use.

C. 

Cooperative arrangements.

(1) 

The Department of Planning Services, Division of Planning, may permit cooperative parking arrangements through a written agreement. The agreement shall effectively bind the use of the parking to the use served and shall be subject to the approval of the County Attorney as to its form and legal sufficiency.

(2) 

Cooperative arrangements may be authorized as follows:

(a) 

If parking is provided to a multiuse facility by a common on-site facility that has the number of spaces required for each individual use.

(b) 

If joint use of the same parking spaces is used to meet the parking and loading requirements, subject to the following criteria:

[1] 

When uses served by the same area are operated at different times with no overlap, the amount of parking shall be that which is required for the greater generator.

[2] 

When there is an overlap, the amount of parking required shall be at least 100% of that which is required for the greater generator plus 50% of that which is required for the secondary generator.

(c) 

If a portion of the required parking is provided as a reserved parcel in accordance with § 205-222 of this article.

§ 205-226 Schedule of parking and loading requirements.

The requirements set forth below are minimums; they may be increased based on site plan review or conditional or special use approval. The parking and loading requirements for uses specifically listed shall be the same as the requirements for the most similar specified use.

Use Loading Parking
Residential uses
Dwelling, single-family 2 spaces per dwelling unit
Detached, semi-detached Same
Duplex, townhouse, quadplex Same
Mobile home Same
Multifamily dwelling
Efficiency 1.5 spaces per dwelling unit
One-bedroom 1.75 spaces per dwelling unit
Two-bedroom 2 spaces per dwelling unit
Three-bedroom 3 spaces per dwelling unit
Four-bedroom 3 spaces plus 1/2 space for each additional bedroom over three
Housing for the elderly 1 1 space per dwelling unit
Multifamily structures (in addition to spaces required for each unit) Commercial uses 1 3 spaces per building
Airport/airfield 0.5 spaces for each acre of land, minimum 20 spaces and 2 spaces for each planned tie-down
Animal hospital 1 space for each 400 square feet of floor area
Single purpose amusement area apparatus (miniature golf, driving range, etc.) 2 spaces for each apparatus or single activity area
Amusement park 2 10 spaces for each ride or activity area
Arena, exposition hall, stadium, racetrack, fairgrounds, etc. 5 1 space for each 2 seats; 1 space for each designated standing area of 10 people
Automobile salesroom and repair shop 1 space for each 500 feet of floor area, minimum 10 spaces
Automobile service station 1 space for each 100 feet of floor area, minimum 10 spaces
Beaches 1 space for each 200 square feet of beach
Bowling alley 1 5 spaces per lane
Food storage locker 1 1 space per 200 square feet of customer service area, minimum of 5 spaces
Funeral establishments Heliport and helistop 2 10 spaces per public room, minimum 10 spaces 15 spaces plus 1 space for each tie-down unit
Hotel and motel 2 1 space for each room or unit; 5 spaces per use
Institutional, public, semipublic use
Art gallery, library and museum 1 1 space for each 150 square feet over 1,000 square feet, minimum 10 spaces
Child care center and kindergarten 2 spaces for each group of 5 children or fraction thereof
Church or place of worship 1 space for each 3 seats or 1 space for each 100 square feet of floor area
Church or place of worship with school Same, plus 1 space for every 200 classroom seats; 1 seat for every 5 seats in each multipurpose room
Club, lodge and related facility, with or without sleeping rooms 1 2 spaces per 3 sleeping rooms or suites, or 1 space per 5 members or 1 space for each 2 people at rated capacity, whichever is greater
Detention and correctional facilities and similar uses
[Added 10-13-1998 by Ord. No. 98-18]
No space for up to 2,000 square feet of floor area; 1 space for 2,000 to 5,000 square feet of floor area; and 1 additional space per each additional 5,000 square feet of floor area or fraction thereof 1 space per employee on the largest shift; plus 1 space per 25 inmates
Hospital, sanitarium 4 1 space for each 2 beds (including staff), 1 space per staff, 1 space for each hospital vehicle, 10 spaces for outpatient services
Nursing home 1 1 space for each three beds
Transit terminal 50 spaces minimum
General manufacturing No space for up to 2,000 square feet of floor area; 1 space for 2,000 - 10,000 square feet of floor area; 1 additional space for each additional 30,000 square feet or fraction thereof up to 100,000 square feet; 1 additional space for each additional 50,000 square feet or fraction thereof over 100,000 square feet 1 space for each 1,000 square feet of floor area or 1 space per 1.5 employees on maximum working shift, whichever is greater
Manufactured home sales 1 space for each 100 square feet of office area, minimum 10 spaces
Research office and laboratory 1 1 space for each 200 square feet of floor area or 1 space for every 1.5 employees, whichever is greater
Warehouse and goods storage area Same as general manufacturing 1 space for each 1,000 square feet of floor area or 1 space for every 2 employees, whichever is greater
Office (general office, including banks) 1 space for facilities over 5,000 square feet 1 space per 200 square feet of floor area
Professional office Same as for office 4 spaces for each professional person with business hours or 1 space per 150 square feet of floor area, whichever is greater
Medical or dental clinic Same as for office Same as for professional office, minimum 10 spaces
Restaurant, fast food, snack bar and tavern 1 space for the first 4,000 square feet of floor area; 1 space for each additional 20,000 square feet of floor area 1 space for each 3 seats or 1 space for each 100 square feet of floor area, whichever is greater For fast-food establishments, a minimum of 15 spaces
Retail or service Same as for restaurants 1 space for each 160 square feet of floor area for establishments and multiuse facilities with under 50,000 square feet of floor area (6.25 spaces per 1,000 square feet); 1 space for each 180 square feet of floor area for establishments and multiuse facilities with 50,000 square feet of floor area and over, but less than 600,000 square feet of floor area (5.5 spaces per 1,000 square feet); 1 space for each 200 square feet of floor area for establishments and multiuse facilities with 600,000 square feet of floor area and over (5 spaces per 1,000 square feet)
General service or repair establishments 1 space for facilities over 2,000 square feet 1 space for each 160 square feet of floor area or 1 for each 2 employees, whichever is greater
Schools
Elementary and junior high 2 1 space for every 20 classroom seats; 1 space for every 5 seats in all-purpose rooms; 3 spaces for visitors
College/junior community college, university 2 spaces for every 3 students; 1 space for each staff member; 20 spaces for visitors; 1 space for every 3 permanent auditorium seats or 1 space for each 40 square feet of seating area where fixed seating is not used
Swimming pool or other recreational activity
Commercial 1 space for each 4 persons based on the facility's design capacity and 1 space for each employee
Community 1 space for each 8 persons based on the facility's design capacity and 1 space for each employee, except when the facility is a neighborhood one and is located within the neighborhood served -only 10 parking spaces shall be required
Theater, public assembly meeting establishments, etc. 1 1 space for each 3 seats or 1 space for each 1,000 square feet of floor area