[Amended 8-23-2017 by Ord. No. 6-2017]
The following dimensional requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by Article X or another provision of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in Article XIX. Each dwelling unit and each principal building shall be served by both public water and public sewer service.
A. 
For the Transit-Oriented Development overlay, see Article VI.
B. 
For the Deshong Park overlay, see Article IX.
Dimensional Requirements for Primarily Residential Districts
Zoning District: Type of Use
Minimum Lot Area
(sq. ft.)
Minimum Lot Width Measured at Minimum Building Setback Line (ft.) [Note L]
Maximum Building Height (ft.) (See also § 550-21)
Minimum Front Yard Setback (ft.) [Note D]
Minimum Rear Yard Setback (ft.) [Note F]
Minimum Side Yard Setback (each) (ft.) [Note F] [Note H]
Maximum Percent Building Coverage [Note E]
Maximum Percent Impervious Coverage [Note E]
R-1 Low Density Residential District:
a) Allowed dwelling
b) Other allowed principal use
a) 4,500 b)10,000
a) 40 per dwelling unit
b) 60
All uses: 40 feet or 3 stories
All uses: 20. On a corner lot, 15 along the second street
All uses: 25
a) 8
b) 12
All uses: 40%
All uses: 50%
R-2 Medium Density Residential District: [Note B]
a) Allowed dwelling, provided that multifamily dwellings shall need a minimum total lot area of 15,000 square feet
b) Other allowed principal use
a) Minimum average lot area of 2,500 per dwelling unit [Note C]
b) 8,000
a) 25 per dwelling unit, except 30 for a multifamily dwelling building
b) 60
All uses: 40 feet or 3 stories
All uses: 15; on a corner lot, 10 along the second street
All uses: 20
a) 6, except 10 for a multifamily building from other housing types
b) 10
All uses: 50%
All uses: 60%
R-3 High Density Residential District: [Note B]
a) Allowed dwellings, provided that multifamily dwellings shall need a minimum total lot area of 10,000 square feet
b) Other allowed principal use
a) 1,000 [Note C] [Note F] [Note A]
b) 8,000
a) 18 per dwelling unit, except 30 for a multifamily dwelling building
b) 60
All uses: 40 feet or 3 stories, except 60 feet or 5 stories if any portion of the building that is taller than 3 stories is set back a minimum of 50 feet from the lot line of any existing dwelling on an adjacent lot
All uses: 10, and 5 on a corner lot along the second street, unless § 550-23 applies regarding a required front setback
All uses: 20
a) 5, except 10 for a multifamily building from the lot line of other housing types
b) 10
All uses: 60%
All uses: 70%
R-4 Residential District
a) Multifamily dwellings, which may include certain commercial uses as provided in § 550-13
b) Other allowed uses shall meet the requirements of the R-3 District instead of the R-4 requirements
a) 20,000, with a minimum average lot area of 500 sq. ft. per dwelling unit [Note C]
a) 100
a) 40 feet or 3 stories, except 120 feet or 10 stories if any portion of the building that is taller than 3 stories is set back a minimum of 50 feet from the lot line of any existing single-family, semidetached or townhouse dwelling on an adjacent lot
a) 20, and 20 along the second street on a corner lot
a) 20, except 50 feet for a building taller than 50 feet
a) 20, except 50 feet for a building taller than 50 feet
a) 40%
a) 70%
C-1/R Neighborhood Commercial/Residential District:
See also § 550-23.
1,500, with residential uses meeting the density requirements of the R-3 District
20
5 stories or 55 feet
10, except 0 where the Zoning Officer determines that a predominate existing setback on the same side of the block is less than 10 feet
10 [Note A]
5 [Note A]
70%
90%
C-2/R General Commercial/Residential District:
a) Allowed uses, other than manufactured home park
b) Manufactured home park
a) 2,000, with any residential uses meeting the density requirements of the R-3 District
b) Minimum average of 8,000 per dwelling unit [Note C]
a) 30
b) 100
a) 6 stories or 80 feet
b) 3 stories or 40 feet
a) 0
b) 10
a) 10 [Note A]
b) 20 for development, with 14 feet separation between dwellings with the park
a) 10 [Note A]
b) 20 for development, with 14 feet separation between dwellings within the park
a) 80%
b) 80%
a) 90%
b) 70%
CBD Central Business District:
1,500 for the lot; minimum average of 400 sq. ft. per dwelling unit [Note C]
15
30 feet or 2 stories
0. See § 550-23.
0 [Note J]
0 [Note J]
100%
100%
U/O University/Office/Research District:
a) For uses allowed in the R-3 District, the applicant has the option of developing under the provisions of the R-3 District instead of the U/O District.
b) Other applications [Note G]
b) 3,000, with a minimum average of 750 square feet of lot area per dwelling unit
b) 30
b) 6 stories or 70 feet, except 3 stories or 40 feet within 40 feet from an abutting existing dwelling that is not in common ownership and is on a different lot
b) 10
b) 5, except 25 for a student residence building from an abutting existing dwelling that is not in common ownership
b) 5, except 25 for a student residence building from an abutting existing dwelling that is not in common ownership
b) 50%
b) 80%
LIC Light Industrial Commercial, MIC Medium Industrial Commercial or HIC Heavy Industrial Commercial Districts:
Allowed Use
12,000
80
5 stories or 65 feet
10
15 [Note A]
15 [Note A]
70%
90%
W-1 Waterfront District or W-O Waterfront Overlay District:
See also setback from the Delaware River in § 550-25 and additional requirements in Articles VII and VIII
1 acre for the development; in W-1, a minimum lot area of 850 sq. ft. is required per dwelling unit; new dwellings are not allowed in the W-O Overlay [Note K]
150 for the development; 18 for individuals lots
10 stories or 120 feet
0
0, except 15 from a preexisting dwelling that is not part of the same development tract
0, except 15 from a preexisting dwelling that is not part of the same development tract
50%
80%
CN Conservation District:
Allowed Use
20,000
80
40
10
10
10
10%
20%
[Note A]
=
The minimum average lot area per apartment dwelling shall be reduced to 750 square feet if a lot will include six or more dwelling units, and each dwelling unit will be restricted to occupancy by at least one person age 62 or older or a person with disabilities, and there is no occupancy by any person under age 18 years old.
[Note B]
=
If an existing rear or side alley is available or could be feasibly extended, it shall be used for access to parking spaces for the lot instead of a front yard driveway, unless the City determines that another access is more appropriate as part of a subdivision or land development approval. If two or more side-by-side, off-street parking spaces are located in the front yard of a townhouse or if garage door(s) for two or more vehicles face onto the street in the front of the townhouse, then the minimum building width per dwelling along such street shall be a minimum of 24 feet. A maximum of 60% of the land area between the front of each townhouse or semidetached dwelling and the street right-of-way line shall be used for vehicle parking and driveways.
[Note C]
=
The average density provisions are intended to allow flexibility in the placement of individual dwelling units, regardless of whether the homes are condominium or fee-simple, and regardless of whether public streets, private streets or parking courts are used. No minimum lot area applies for each individual dwelling unit, provided that the overall density requirements are met. Each single-family, semidetached or townhouse dwelling shall still be able to meet the minimum front yard, side yard, rear yard and lot width as if each dwelling was on its own fee simple lot.
The minimum average lot area per dwelling unit establishes the maximum number of units permitted on a tract of land. The total lot area of the tract prior to development is used. The area occupied by existing street right-of-way of existing streets and alleys is then deleted. The following areas are not required to be deleted from the lot area: right-of-way of proposed streets and alleys and areas of parking courts, common open space and stormwater detention basins. The resulting lot area is then divided by the average lot area per dwelling unit to result in the maximum number of dwelling units allowed on the tract.
[Note D]
=
Setbacks shall be measured from the legal street right-of-way, after any subdivision or land development has been completed. An unenclosed front porch or deck may encroach up to 10 feet into the minimum front yard. This porch or deck may be covered by a roof. Steps, stoops and ramps for persons with disabilities may also encroach into this setback as necessary to provide access, which may be beyond 10 feet.
[Note E]
=
For townhouses and semidetached dwellings, the maximum building and impervious coverage requirements may be met as an average across a tract after development, as opposed to regulating each individual lot.
[Note F]
=
The following exceptions shall apply:
For accessory structures and uses, see § 550-22 below.
Structures shall not obstruct minimum sight clearance at intersections, as provided in Article XVII.
See § 550-92 regarding extension of nonconforming setbacks.
See § 550-91 regarding permitted reductions in setbacks to reflect average setbacks of adjacent buildings.
[Note G]
=
Abutting lots in common ownership may be calculated together to show compliance with the maximum coverages.
[Note H]
=
Except 0 feet at the shared lot line of lawfully attached dwellings, such as along the lot line of semidetached dwellings or townhouses, or where a new attached building is constructed that replaces a previous building that was attached to the same adjacent building, or where the City approves adjacent business buildings to be constructed on a lot line as part of a subdivision or land development.
[Note I]
=
Except 20 feet side and 25 feet rear for a principal business from a lot in a residential district that is occupied by a principal dwelling that is not in common ownership. Such side or rear yard shall be increased to 60 feet from such a lot for any building area or land area used for manufacturing, bulk storage of highly hazardous substances, industrial outdoor processing or a tractor-trailer truck loading dock.
[Note J]
=
A minimum three feet building setback is required from an approximately parallel door or window of a building on another lot, unless a larger setback is required under the Construction Code.[1]
[Note K]
=
Individual lots may be approved with a minimum lot area of 1,500 sq. ft. or smaller condominium parcels as part of a unified subdivision or land development plan.
[Note L]
=
The minimum lot width is measured at the part of the lot where the minimum building front yard setback applies. If a building is placed further back from the street, it will not change where the lot width is measured.
Abbreviations:
sq. ft. = square feet.
[1]
Editor's Note: See Ch. 174, Building Construction, Art. II, Uniform Construction Code.
This section establishes maximum building heights for each district. There are exceptions in § 550-89 and the following provisions shall also apply:
A. 
Any accessory structure or building shall have a maximum height of one habitable story or 20 feet, unless it meets the minimum setbacks for a principal building, in which case the maximum height for a principal building shall apply.
B. 
The maximum height requirements shall not apply to cranes or similar mechanical devices that serve port facilities.
C. 
A minimum building height of 20 feet shall apply for any new principal building in the Central Business District.
[Amended 8-23-2017 by Ord. No. 6-2017]
A. 
Accessory structures and uses shall meet the minimum yard setbacks provided for in § 550-20, unless otherwise provided for in this chapter, including the following subsections.
B. 
The minimum side and rear yard setback for a permitted detached structure that is accessory to a dwelling shall be five feet, except in the following cases:
(1) 
The minimum side setback shall be reduced to three feet on each side and the rear for a residential accessory building that does not include a dwelling and that has a total floor area of 144 square feet or less, and a maximum height of 15 feet.
(2) 
A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by semidetached dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.
(3) 
A residential porch or deck that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may be covered by a roof or awning. Space under an unenclosed porch may be used for household storage. See Note D above[1] considering front yard setbacks.
[1]
Editor's Note: See § 550-20B.
(4) 
See § 550-45D(16) for swimming pools.
(5) 
A vehicle garage that is accessory to a dwelling shall in no case be set back less than 10 feet from the center line of any alley which provides access to the garage, and have a height requirement of no more than 15 feet from the ground, unless a larger setback is established by another section of this chapter.
(6) 
No accessory building and no swimming pool shall be allowed between the principal building and the front lot line.
A. 
In the R-3 or C-1/R Districts, where a clear majority of the existing principal buildings on the same side of a block are already developed with buildings, and where the Zoning Officer determines that more than 60% of such buildings have a front yard setback of 30 feet or less along such side of the block, then if a new principal building is proposed, then at least a portion of the front building wall of such new building shall have a front yard building setback that is not more than five feet larger and not less than five feet smaller than such predominant front yard setback. The maximum front yard setback may be met with an attached front porch or a building wall. A maximum building setback shall not apply where the area between the building and the curb is occupied by an outdoor cafe or pedestrian plaza.
B. 
In the CBD District, any new principal building shall have a maximum front building setback along a street of 25 feet. This maximum building setback shall not apply in areas occupied by an outdoor cafe or pedestrian plaza. The intent is to have new parking to the side and rear of the building. This provision shall not prevent the construction of an access driveway in the front. On a corner lot, this provision shall only apply to one of the two abutting public streets.
C. 
Where a subject lot has two abutting lots on the same side of the street along the same block, and both of these lots have an existing front yard setback that is smaller than the setback that would be required on the subject lot, then the subject lot may have a minimum front yard setback that is equal to the average of those two abutting lots.
A. 
Articles III and IV list where solar energy collection devices are allowed, and the maximum percentage of lot area that can be covered.
B. 
See § 550-89, which allows solar energy collection devices to exceed the maximum height. Solar screens, awnings, or solar panels that extend over building windows and that do not include any signage may intrude into a building setback area by up to 10 feet.
The photo to the right shows an example of a solar shading extension of a building roof that is intended to provide adjustable screening of the sun, to cool a building on hot days and warm a building on cold days.
C. 
Ground-mounted and other solar energy collection devices that are not located above a building roof shall not: (1) be located in a minimum front yard and (2) have a total height above the ground of more than 15 feet, unless they meet minimum setbacks for a principal building.
D. 
When an applicant owns two or more adjacent lots, and at least one of those lots is proposed to utilize solar energy collection devices, the applicant is requested to consider establishing a solar access easement or a similar legal mechanism to make sure that structures or vegetation on one lot does not unreasonably obstruct solar access for the solar energy collection devices on the adjacent lot.
E. 
Where solar energy collection devices are being placed on a building roof, it is requested that they be setback a minimum of three feet from the side and bottom edges of the roof to allow for safer access by and less risk of electrical shock to emergency responders.
[Amended 12-30-2015 by Ord. No. 15-2015]
A. 
Wetland studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submittal of development plans to the City. If the Zoning Officer has reason to believe that wetlands may be present on a site proposed for development or subdivision, the Zoning Officer may require that the applicant provide a suitable wetland delineation study prepared by a qualified professional. Where disturbance is proposed in an area that may be wetlands, the Zoning Officer may place a condition on a zoning permit to require that the applicant submit evidence that a wetland delineation has been officially confirmed under U.S. Army of Engineers-approved procedures.
(1) 
Note - An indicator of possible wetlands involves the presence of hydric soils in soil mapping of the U.S. Natural Resources Conservation Service.
B. 
Setback from waterways.
(1) 
No new principal building, no new off-street parking space and no new commercial or industrial outdoor storage shall be allowed within 50 feet from the top of the primary bank of a perennial creek, which shall include the Chester and the Ridley Creeks. This distance shall be decreased to 35 feet in the CBD District. Where and other natural vegetation are removed within this setback, they shall be replaced with new trees and vegetation that serve the same environmental purposes. See the City Stormwater Regulations, which may include additional buffer or setback requirements along a waterway.
(2) 
No new building, no new off-street parking space and no new commercial or industrial outdoor storage shall be allowed within 50 feet from mean high water level of the Delaware River, except for water treatment, shipping port, marina and similar facilities that are clearly water dependent uses. Where a constructed bulkhead exists or is proposed to be constructed along the river, such 50 feet shall be measured from the bulkhead edge.