For the purpose of this chapter, the Town of Elsmere is hereby divided into the following zoning districts:
R-1
Residential District
R-2
Residential District
R-GA
Garden Apartment District
CC
Community Commercial District
HD
Highway Development District
GI
General Industrial District
FP
Floodplain District
A. 
The boundaries of all zone districts shall be shown on a map attached to and made a part of this chapter and titled "Zoning Map, Town of Elsmere." Said map and explanation and references thereon are hereby incorporated into and declared to be a part of this chapter.[1]
[1]
Editor's Note: The current Zoning Map, along with a Table of Zoning Map amendments, is included as an attachment to this chapter.
B. 
No proposed ordinance to amend the zoning classification for a parcel of land, or any portion thereof, shall be considered by the Town Council within two years after any of the following actions with respect to such parcel:
[Added 7-11-2013 by Ord. No. 568]
(1) 
Any prior action which changed the zoning classification; or
(2) 
A prior rejection of an application to amend the zoning classification.
C. 
The Building Official shall determine whether or not any proposed amendment to the Zoning Map is subject to the two-year time restriction set forth in Subsection B of this section. If the Building Official finds that the time restriction does apply, no further processing of the application to amend the Zoning Map shall occur unless the Town Council shall, by resolution and after public hearing, determine that with respect to such parcel there is a reasonable basis to believe there has been a substantial change in the circumstances or conditions affecting the property or in the proposed use or plans for the use after the time of the prior action referred to in Subsection B of this section which would justify the change of zoning classification for such parcel, provided that a determination with respect to such change shall not be made more than once within the two-year period specified in Subsection B of this section. A two-thirds vote of all members of the Town Council shall be required to approve a resolution approving an action which would reduce the two-year time restriction.
[Added 7-11-2013 by Ord. No. 568]
D. 
The provisions of Subsection B of this section shall not apply to zoning changes initiated by the Town of Elsmere.
[Added 7-11-2013 by Ord. No. 568]
A. 
Zone boundary lines are intended to follow the center line of streets, railroad rights-of-way, streams and recorded property lines, except where indicated otherwise by dimension or other notation on the Zoning Map of the Town of Elsmere.
B. 
Where zone boundaries are not fixed by dimension or other notation and where they approximately follow property lines or other natural features and do not scale more than 25 feet distant therefrom, such property line or natural feature shall be deemed to be the location of the zone boundary.
C. 
In unsubdivided land, where the zone boundary divides a property and the location of such boundary is not fixed by dimension or other notation on the Zoning Map, then the location of such boundary shall be obtained through the use of the graphic scale, and the Building Official shall so use the scale.
D. 
Where a district boundary line divides a lot held in single and separate ownership at the effective date of this chapter, the use regulations applicable to the less restricted district shall extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the boundary line.
The Schedule of Lot, Yard and Building Regulations, included as Table I, sets forth the regulations of this chapter with respect to minimum lot size, yard dimensions, maximum lot coverage, maximum height and number of stories and minimum floor area for each of the various zones. Unless modified elsewhere in this chapter, such standards shall be deemed to be the minimum (or maximum) permitted in each of the zones.
A. 
In an R-2 Zone, where the original structure as completed by the initial builder, prior to the date of adoption of this chapter, exceeds the maximum lot coverage of 30%, that lot shall be entitled to an additional lot coverage of 10%, not to exceed a total lot coverage of 40%, subject to all other pertinent zoning and building regulations.
(1) 
Such addition must be 50% open on all sides, without roof.
(2) 
This subsection shall pertain only to those homes addressed off of Dover, Cypress, Sycamore and Maple Avenues.
[1]
Editor's Note: The Schedule of Lot, Yard and Building Regulations is included at the end of this chapter.
The following regulations apply in the R-1 Residential District:
A. 
Permitted primary uses.
(1) 
One-family dwellings.
(2) 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Town Council of the Town of Elsmere.
(3) 
Golf courses.
(4) 
Two-family dwellings, provided that such a structure was regularly used as a two-family dwelling prior to the enactment of this chapter.
[Added 7-13-2006 by Ord. No. 468]
B. 
Permitted secondary uses.
(1) 
Private garages not in excess of 750 square feet of building area.
(2) 
Customary residential storage building not in excess of 100 square feet of building area.
(3) 
Shelters for domestic pets not in excess of 50 square feet of building area, exclusive of runs.
(4) 
Other customary residential secondary structures such as private swimming pools, fireplaces, trellises, post lights and the like.
(5) 
Signs, subject to the restrictions of Article VII.
(6) 
Home occupations that comply with Town of Elsmere § 131-32.
[Added 3-10-2016 by Ord. No. 612]
C. 
Permitted special exception uses.
(1) 
Public utility uses.
(2) 
Public and private schools.
(3) 
Convalescent homes or sanitariums.
(4) 
Clubs or lodges organized for fraternal or social purposes, provided that the chief activity shall not be one which is customarily carried on as a business, and provided that the buildings and services shall be for the use of members and their guests only.
(5) 
Planned unit developments, at a gross density not to exceed 2.5 dwelling units per acre.
(6) 
Cluster residential development.
(7) 
Churches and similar places of worship, including rectories, parish houses and convents which are located on the same lot.
(8) 
Customary and conventional farming operations, including the raising of livestock, poultry, vegetables, flowers and horticultural materials, other than as a commercial greenhouse.
(9) 
Home occupations not in compliance with Town of Elsmere § 131-34.
[Amended 3-10-2016 by Ord. No. 612]
D. 
Other provisions and requirements.
(1) 
Churches and similar permitted uses shall have a minimum lot area of two acres.
(2) 
At least 50%, but no more than 75%, of the permissible dwelling units within a planned unit development shall be single-family detached dwellings. No more than 30% of the permissible dwelling units shall be townhouses, and no more than 30% of the permissible units shall be apartments.
The following regulations apply in the R-2 Residential District:
A. 
Permitted uses.
(1) 
Any two-family semidetached dwellings.
(2) 
Any primary use enumerated in § 225-16A.
B. 
Permitted secondary uses.
(1) 
Any secondary use enumerated in § 225-16B.
C. 
Permitted special exception uses.
(1) 
Any special exception use enumerated in § 225-16C.
(2) 
Planned unit developments, in accordance with § 225-28F.
(3) 
Cluster residential developments.
(4) 
Townhouses in accordance with § 225-28F(4)(b)[1] and [2].
D. 
Other provisions and requirements.
(1) 
Same as enumerated in § 225-16D.
(2) 
At least 10%, but no more than 25%, of the permissible dwelling units for a planned unit development shall be single-family detached dwellings. No more than 50% of the permissible dwelling units shall be townhouses, and no more than 50% of the permissible dwelling units shall be apartments.
The following regulations apply in the R-GA Garden Apartment District:
A. 
Permitted primary uses.
(1) 
Garden apartment projects.
(2) 
Townhouse developments, at a density not to exceed 21 dwelling units per acre.
(3) 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Town Council of the Town of Elsmere.
(4) 
Churches and similar places of worship, including rectories, parish houses and convents which are located on the same lot.
(5) 
One-family dwellings, as per the lot yard and building regulations for the R-2 Residential District.[1]
[1]
Editor's Note: The Schedule of Lot, Yard and Building Regulations is included at the end of this chapter.
(6) 
Two-family dwellings, as per the lot yard and building regulations for the R-2 Residential District.
B. 
Permitted secondary uses.
(1) 
Any secondary use enumerated in § 225-16B, but only to apply to single-family, two-family and townhouse uses.
(2) 
Any secondary use normally incidental to garden apartment projects, such as but not limited to playground and recreation areas, swimming pools, coin-operated laundry facilities and vending machines which are not externally visible, provided that the use of such facilities is limited to the residents of the project.
C. 
Permitted special exception uses.
(1) 
Public utility uses.
D. 
Other provisions and requirements.
(1) 
Same as enumerated in § 225-16D.
(2) 
Garden apartment projects shall be subject to the following regulations:
(a) 
The gross density of the project (units per gross acre) shall not exceed 12 units per acre.
(b) 
Type and design of units.
[1] 
One-room apartment sizes shall contain not less than 500 square feet of gross floor area.
[2] 
All other apartment sizes shall contain not less than 750 square feet of gross floor area.
[3] 
Not more than 12 dwelling units shall be located in a single structure.
[4] 
No apartment shall be located within a cellar.
(c) 
Site design requirements.
[1] 
Under no circumstance shall access be obtained from a minor street.
[2] 
Private streets shall provide access to units within the project, but shall be constructed in accordance with applicable municipal standards and shall be protected by a permanent easement.
[3] 
The design of streets within the project shall provide proper access to every building for fire-fighting equipment, trash collection and deliveries.
[4] 
The maximum distance between either entrance to any garden apartment building and the closest point of a parking area shall not exceed 200 feet.
[5] 
Recreation areas shall be provided at a rate of 100 square feet per dwelling unit. Such areas shall be improved and equipped in a manner suited to the various age groups anticipated in the project.
[6] 
The minimum distance between two residential buildings in the project shall be not less than 20 feet at the closest point.
[7] 
Open courts in which residential buildings are located on three sides shall be of adequate size to provide natural light and ventilation to all dwelling units. Such courts shall not be less than 50 feet in width. In addition, the depth of such a court shall not exceed 1 1/2 times the width of the court.
[8] 
Where contiguous buildings are parallel, there shall be a minimum difference of five feet in the front building line. Not more than three contiguous buildings shall have parallel front building lines, after which the next building shall be oriented so that its building line deflects from the parallel line by at least 30°.
[9] 
The character of the site shall be preserved by retaining and protecting all existing healthy tree growth and other natural features of the site. Such additional plant material shall be added as is necessary to provide privacy, shade and beauty of buildings and grounds and screen objectionable features.
[10] 
Outdoor lighting fixtures shall be provided at locations which will assure the safe and convenient use of walks, steps, parking areas, driveways, streets and other such facilities.
[11] 
Electric power and telephone lines shall be installed underground.
[12] 
Facilities for the temporary sanitary storage of trash and refuse shall be provided at the rate of one such area for each 10 dwelling units. The design of such facilities shall meet with the approval of the Division of Physical Health. Trash and refuse shall be removed from these storage areas at least twice each week for disposal. On-site incineration is prohibited.
(d) 
A resident superintendent shall be provided for each project. Any project which includes more than 100 units shall have one additional maintenance employee for each additional 100 units or part thereof.
(e) 
Garden apartment projects shall be subject to the site design review procedure set forth in this chapter.
E. 
Permitted special exception uses.
(1) 
Offices for professional services and administrative activities, limited to the following:
(a) 
Advertising agency.
(b) 
Attorney.
(c) 
Beautician.
(d) 
Broker.
(e) 
Accountant.
(f) 
Chiropractor.
(g) 
Dentist.
(h) 
Incorporator.
(i) 
Manicurist.
(j) 
Nurse.
(k) 
Occupational therapist.
(l) 
Optometrist.
(m) 
Osteopath.
(n) 
Photographer.
(o) 
Physician.
(p) 
Private detective.
(q) 
Engineer.
(r) 
Psychologist.
(s) 
Secretary.
(t) 
Public stenographer.
(u) 
Sales representative.
(v) 
Telephone answering service.
(w) 
Travel agent.
(x) 
Commercial lessor.
(y) 
Real estate broker.
(2) 
All such activities shall be permitted in parts of structures in which the majority of the square footage of occupiable space is subject to flooding in the floodplain, as that area is defined in § 225-22A(1) and located in areas designated under § 225-18A(1).
The following regulations apply in the CC Community Commercial District:
A. 
Permitted primary uses.
(1) 
Retail business establishments, limited to the following:
(a) 
Hardware, paint, glass and wallpaper stores.
(b) 
Department stores and variety stores.
(c) 
Dry goods stores.
(d) 
Food stores, dairy stores and retail bakeries.
(e) 
Apparel and accessories stores.
(f) 
Furniture, home furnishings and equipment stores.
(g) 
Radio, television and music stores.
(h) 
Eating and drinking places, not including drive-in restaurants.
(i) 
Drug stores.
(j) 
Liquor stores.
(k) 
Antique stores.
(l) 
Book and stationery stores.
(m) 
Sporting goods, bicycle and hobby stores.
(n) 
Jewelry stores.
(o) 
Florist stores.
(p) 
Cigar stores and news dealers.
(q) 
Camera, photographic supply and art-supply stores.
(r) 
Gift, novelty and souvenir stores.
(s) 
Optical goods stores.
(t) 
Luggage and leather goods stores.
(2) 
Personal service establishments, limited to the following:
(a) 
Banks and fiduciary institutions.
(b) 
Credit agencies.
(c) 
Security and commodity brokers.
(d) 
Real estate and insurance offices.
(e) 
Holding and investment company offices.
(f) 
Laundry and dry-cleaning pickup stores.
(g) 
Photographic studios.
(h) 
Barber- and beauty shops.
(i) 
Shoe repair shops.
(j) 
Garment pressing, alteration and repair shops.
(k) 
Miscellaneous repair services, other than automotive.
(l) 
Motion picture theaters, except outdoor.
(m) 
Dance studios and schools.
(n) 
Medical and health services, excluding veterinarian services.
(o) 
Legal services.
(p) 
Engineering and architectural services.
(q) 
Accounting and bookkeeping services.
(r) 
Funeral homes.
(s) 
State-approved day-care centers.
(3) 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Town Council of the Town of Elsmere.
(4) 
Printing or publishing establishment.[1]
[1]
Editor's Note: Former Subsection A(4), Garden apartment projects, was repealed 7-13-2006 by Ord. No. 468, which ordinance provided that it shall apply to any property that was in a Community Commercial District on or before 4-1-2006 but was rezoned since that date to a different zoning classification.
(5) 
Residential uses enumerated in § 225-16A, B and C subject to the provisions of § 225-16D.
(6) 
Two-family dwellings.
[Added 7-13-2006 by Ord. No. 468[2]]
[2]
Editor's Note: This ordinance provided that it shall apply to any property that was in a Community Commercial District on or before 4-1-2006 but was rezoned since that date to a different zoning classification.
B. 
Permitted secondary uses.
(1) 
Off-street parking facilities for the use of customers and employees.
(2) 
Garage space for the storage of commercial vehicles uses in conjunction with a permitted commercial use.
(3) 
Signs in accordance with the regulations of this chapter.[3]
[3]
Editor's Note: See Art. VII, Sign Regulations.
C. 
Special exception uses.
(1) 
Public utility uses.
(2) 
Commercial uses which are of the type identified in § 225-19A and B, but were not specified.
(3) 
General office uses.
(4) 
Motor vehicle service establishment uses.
(5) 
Commercial uses specified in § 225-19A and B, but which are not conducted nor intended to be conducted on a regular, continuous basis. Such uses may be those of a seasonal nature or those not conducted in a store.
D. 
Other provisions and requirements.
(1) 
Truck loading and unloading facilities shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods in other than a public street.
(2) 
Each permitted use shall be conducted within a completely enclosed building, except for:
[Amended 9-11-2014 by Ord. No. 582]
(a) 
Off-street parking; and
(b) 
The patio permitted by § 225-31.
(3) 
No permanent storage of merchandise, articles or equipment shall be permitted outside the building. Temporary outdoor storage in conjunction with a retail or other permitted use shall be permitted, provided that each storage shall be limited to a reasonable supply of the goods which are to be sold and displayed on the premises and that such storage shall be within a fenced area and that no goods, articles or equipment shall be displayed or offered for sale beyond the front line of the buildings on such premises or beyond the side lines of the buildings on corner premises.
(4) 
No vending machine or station or similar use shall be allowed in the required front yard or in a yard abutting a street.
(5) 
Each use established in this zone shall set aside at least 20 feet in width immediately adjacent to any street upon which the lot has frontage and extending for the full frontage of the lot, for purposes of providing for proper site distance and buffering from the public road. Within such area, the owner shall establish and maintain a planting of grass and/or horticultural ground cover. Other landscape materials may be incorporated, provided that there is no obstruction to vision other than a tree trunk, in the area between two feet and seven feet above ground level. No other use shall be made of this buffer area other than for a single driveway to provide access to the use for each 100 feet of frontage upon a public road. Such driveway shall not exceed 32 feet in width.
(6) 
Wherever the property line of a use in this zone abuts the boundary of a residence zone, an area of not less than 20 feet in width shall be set aside as a buffer area and used for no other purpose. Said buffer shall be planted with a screen of evergreen shrubs which, in the opinion of the Planning Commission, will be sufficient to preclude any adverse effect of the use upon adjacent residential property or from the transmission of headlight glare across the property line. In addition to the landscape screen, the area shall be adequately planted with other landscape materials, grass and/or ground cover to present an attractive appearance.
(7) 
In any business establishment open to persons under the age of 17 years it shall be prohibited to display a book, pamphlet, newspaper, magazine, film or videocassette, the cover of which depicts material harmful to minors. Any business establishment which deals in material harmful to minors is deemed to have complied with this subsection if the establishment physically and visually segregates material harmful to minors and keeps such materials in a separate area or room to which persons under the age of 17 years are not permitted.
E. 
Exterior building, accessory building or dwelling color.
[Added 3-13-2008 by Ord. No. 488]
(1) 
All exterior surfaces of all buildings, accessory buildings or dwellings, excluding roofs, shall be properly maintained and protected from the elements by paint or other protective coating applied in a workmanlike fashion. Painted or protective coatings shall be uniform in color without blemishes throughout the exterior and shall be in accordance with the color palette of the Town of Elsmere adopted by resolution. Trim paint shall be uniform in color and in accordance with the adopted color palette of the Town of Elsmere without blemishes.
(2) 
The owner of any of any building, accessory building or dwelling affected by this subsection of the Code may apply to the Board of Adjustments for a variance from this regulation. The variance procedure shall be the same as those established or followed for all variance requests. However, for a variance requested pursuant to this subsection which is the first such request for a variance to this subsection by the current owner of the property, the normal fees charged for a variance request shall be waived.
(3) 
The exterior of any building, accessory building or dwelling which is to be painted or repainted shall be compatible with the official color palette of the Town of Elsmere.
(4) 
If any building, accessory building or dwelling located in the Community Commercial District is secured for more than 30 days, except in the case of a natural disaster, the boards, panels or other means of securing structural openings shall be painted to match the exterior color of the building, accessory building or dwelling.
(5) 
In the case of any property subject to this subsection for which a variance has not been obtained, at the time the property is painted or other protective coating applied, the property shall be made to conform to the provisions of this subsection. It is the intent of this subsection that property that is nonconforming shall not continue as nonconforming after it is painted or other coating applied.
The following regulations apply in the HD Highway Development District:
A. 
Permitted primary uses.
(1) 
Retail stores and personal service establishments, including but not limited to commercial uses identified in § 225-19A(1), (2) and (4).
(2) 
Restaurant.
(3) 
Indoor facility of amusement or assembly.
(4) 
Club or lodge.
(5) 
Bus station.
(6) 
Municipal buildings and uses deemed appropriate and necessary by the Town Council of the Town of Elsmere.
(7) 
General office uses.
B. 
Permitted secondary uses.
(1) 
Any secondary use enumerated in § 225-19B.
C. 
Permitted special exception uses.
(1) 
Laboratory (scientific or industrial research testing, experimental), provided that no processing shall be permitted except insofar as such processing is incidental to a research, experimental or testing process and there is no commercial production or storage of goods, materials or any other substance for sale, except as may be produced by a small pilot plant for off-site sale or for storage necessary for scientific research.
(2) 
Tourist cabin court, hotel or motel, for transient guests only, on a lot area of three acres or more, provided that such use is located so as not to detract from the character of the immediately surrounding area.
(3) 
Service station, automobile sales agency, public garage, parking garage or lot (not to include car lot or trailer sales agency as a main use), but not including storage of wrecked cars, provided that:
(a) 
All facilities are located and all services are conducted on the lot;
(b) 
All repair work shall be conducted within an entirely enclosed building;
(c) 
No equipment for the service of gasoline or oil shall be placed closer to any street or property line than 20 feet;
(d) 
No portion of such structure or its equipment shall be located within 800 feet of another service station on the same side of the street within the same block; and
(e) 
Any such use shall be permitted only where it is determined that it will not materially interfere with the main pedestrian movement in conjunction with a compact retail area.
(4) 
Contractors', craftsmen's or general service shop, including welding and similar shops.
(5) 
Motor vehicle body repair shop, provided that all repair work shall be conducted within an entirely enclosed building; and incidental storage of materials and wrecked or damaged vehicles out of doors shall be shielded from any adjacent streets, uses or residential areas by fencing, landscaping or other appropriate measures.
(6) 
Wholesale establishments.
(7) 
Commercial greenhouses.
(8) 
Veterinarian services.
(9) 
Public utility uses.
D. 
Other provisions and requirements.
(1) 
Same as enumerated in § 225-19D.
(2) 
Access barrier. Each use established in this zone shall set aside an area at least 30 feet in width immediately adjacent to any street upon which the lot has frontage and extending for the full frontage of the lot, for purposes of providing for proper site distance and buffering from the public road. Within such area, the owner shall establish and maintain a planting of grass and/or horticultural ground cover. Other landscape materials may be incorporated, provided that there is no obstruction to vision, other than a tree trunk, in the area between two feet and seven feet above ground level. No other use shall be made of this buffer area other than for such accessways as are provided for in Subsection D(3) below.
(3) 
Accessways. Each grouping of attached buildings or grouping of uses permitted as part of a single integrated plan shall have not more than two accessways to any one public highway or street. Neither of such accessways shall be more than 32 feet in width. The intent of this section is to encourage the use of common accessways by two or more permitted highway uses in order to reduce the number and closeness of access points along the highway and to encourage the fronting of commercial structures upon a marginal street, private roadway or similar area and not directly upon a public highway. Adequate acceleration and deceleration lanes shall be provided in the vicinity of shopping centers and in other locations where desirable.
(4) 
Off-street parking and loading. Off-street parking and loading areas shall be provided. In addition, areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of establishments or shops by refuse collections, fuel and other service vehicles shall be so arranged that they may be used without blocking or otherwise interfering with the use of accessways or automobile parking facilities.
(5) 
Special buffer requirements adjacent to residential districts. Wherever the property line of a use in this zone abuts the boundary of a residence zone, an area of not less than 50 feet in width shall be set aside as a buffer area and used for no other purpose. Said buffer area shall be planted with a screen of evergreen shrubs, which in the opinion of the Planning Commission will be sufficient to preclude any adverse effect of the use upon adjacent residential properties, either by reason of objectionable view from the residential property or from the transmission of headlight glare across the property line. In addition to the landscape screen, the area shall be adequately planted with other landscape materials, grass and/or ground cover to present an attractive appearance. Prior to the issuance of a zoning permit, the Building Official shall submit the applicant's plans for such buffer area to the Planning Commission for its approval.
The following regulations apply in the GI General Industrial District:
A. 
Permitted primary uses.
(1) 
Manufacturing uses, including, but not necessarily limited to:
(a) 
Electronic component manufacture and assembly.
(b) 
Bottling establishments.
(c) 
Carpet and rug cleaning.
(d) 
Food and associated industries.
(e) 
Contractor or general service shops, including plumbing, heating, carpentry, welding and similar shops.
(f) 
Scientific research laboratories and other experimental, testing or research establishments, including applied engineering research such as product development.
(g) 
Manufacture of beverages, ceramic products, clothing, cosmetics, electrical appliances, silverware, tobacco products, tools and hardware, toys and umbrellas.
(h) 
Manufacture of products from the following previously prepared materials: bone, canvas, cork, feathers, felt, fur, glass, hair, horn, leather, paper, plastics, shells, small rubber products and synthetic treated fabrics (excluding all rubber and synthetic processing) and wood.
(i) 
Manufacture of jewelry, watches, clocks, optical goods, musical, professional and scientific equipment.
(j) 
Light metal processing, including finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment; fabrication or assembly of small products.
(k) 
Textile manufacture or processing, excluding bleaching.
(l) 
Warehousing or storage within a completely enclosed building, excluding storage of hazardous materials.
(m) 
Printing or publishing establishments.
(n) 
Business establishments, wholesale.
(o) 
Building materials supply or distribution facilities.
(p) 
Automotive recycler businesses as defined and licensed by the State of Delaware under Title 21, Chapter 75, of the Delaware Code.
[Added 7-14-2011 by Ord. No. 537[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection A(1)(p) as Subsection A(1)(q).
(q) 
Uses enumerated in § 225-20A and B, subject to the provisions of § 225-19D.
B. 
Permitted secondary uses.
(1) 
Signs, in accordance with the provisions of this chapter.[2]
[2]
Editor's Note: See Art. VII, Sign Regulations.
(2) 
Private garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
(3) 
Off-street parking space for the use of employees and visitors.
C. 
Special exception uses.
(1) 
Motor vehicle service establishments.
(2) 
Uses enumerated in § 225-20C(2), (7) and (8).
(3) 
Public utility uses.
(4) 
Motor vehicle body shops.
(5) 
A single residential dwelling unit as an accessory use, subject to the following additional requirements:
[Added 7-14-2011 by Ord. No. 536; amended 5-10-2012 by Ord. No. 553]
(a) 
The residential dwelling unit may only be established in an existing building on the property;
(b) 
The resident of the dwelling unit must be an employee of the owner of the property or of the business located on the property;
(c) 
Such an accessory dwelling unit may not exceed 600 square feet within the existing building and must contain cooking and bathroom facilities for the exclusive use of the resident of the dwelling unit; and
(d) 
Such accessory dwelling unit must receive a certificate of occupancy from the Town of Elsmere.
D. 
Other provisions and requirements.
(1) 
Access barrier. Access to the public highway or street shall be controlled in the interest of public safety. Each building or group of buildings and its parking or service areas shall be physically separated from the highway or street by a curb, planting strip or other suitable barrier against unchanneled motor vehicles ingress or egress, except for accessways as authorized by Subsection D(2) below.
(2) 
Accessways. Each separate parcel shall have not more than two accessways to any one public highway or street. Neither of such accessways shall be more than 32 feet in width. The intent of this subsection is to encourage the use of common accessways by two or more parcels in order to reduce the number and closeness of access points along the street or highway and to encourage the fronting of permitted structures upon a marginal street and not directly upon a public highway.
(3) 
One off-street parking space shall be provided for each employee on the maximum work shift, provided that at no time shall the use result in parking on a public street for any reason.
(4) 
Parking areas may be located in any of the required yard areas other than the front yard, provided that they are not closer than 20 feet to the boundary of a residential zone or street line. Refer to § 225-10E(1)(c) for parking standards, which shall not be superseded by these regulations.
(5) 
Each use located in this zone shall provide truck loading and unloading space on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street.
(6) 
Each use established in this zone shall set aside 10% of the tract for seeding and landscaping and use that area for no other purposes.
(7) 
All industrial activities or processes shall take place within an enclosed building. Incidental storage of materials and vehicles out of doors shall be shielded from any adjacent public streets or residential areas by fencing, landscaping or other appropriate measures.
(8) 
The following uses or activities are specifically prohibited in this zone:
(a) 
Auction markets.
(b) 
Automobile wrecking yards, junkyards or disassembly yards or the sorting or bailing of scrap metal, paper, rags or other scrap metal.
(c) 
Gas (illuminating or heating) storage, except for consumption on the premises.
(d) 
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, trash, junk, dead animals or offal, except by the municipality or its agents.
(e) 
Petroleum or its derivatives except when stored in underground tanks and not in excess of 40,000 gallons of fuel oil or 20,000 gallons of gasoline or kerosene.[3]
[3]
Editor's Note: Former Subsection D(8)(f), listing residential dwelling units as a prohibited use, which immediately followed this subsection, was repealed 7-14-2011 by Ord. No. 536.
(9) 
Along any district boundary line, a buffer yard shall be provided which shall not be less than 100 feet in width and shall be used for no other purpose. This required yard shall be measured from the boundary line or from the street line where the street constitutes the boundary. The 30 feet of such yard space nearest the district boundary line shall be used only as an evergreen buffer planting strip, on which shall be placed shrubbery and/or trees. Where a street constitutes a boundary, screen effect will not be required.
(10) 
In no case shall the smoke emitted into the open air from any fuel-burning equipment, internal combustion engine, open fire, stack or chimney exceed a shade or appearance darker than No. 2 of the Ringelmann Smoke Chart.
(11) 
There shall be no emission of odorous gases, odorous matter or fumes in such quantities as to be evident or perceptible to human senses at the property lines of the lot on which the use is conducted, and no emission shall be made which can cause damage to human health, to animals or vegetation or other forms of property or which can cause any soiling at any point beyond the lot line of the use creating the emission.
(12) 
Dust from any processing operation will be minimized by the installation and use of appropriate mechanical and electrical devices to the extent necessary to ensure that such dust will not be offensive at or beyond any property line. All internal roads, drives and parking areas for the use of the general public or by employees or trucks shall be hard-surfaced. All other roads or drives for occasional use shall have a dust-free surface and shall be maintained in a dust-free condition at all times. All dry waste in the form of dust or fine particles will be transported in covered or closed vehicles. Disposal of waste within the Town shall be in a manner and place approved by the Town Council.
(13) 
At no point on the boundary of the property on which a use is conducted shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under control of this chapter, such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown below:
Octave Band Cycles Per Second
Sound Pressure Level in Decibels
0 to 75
72
75 to 150
67
150 to 300
59
300 to 600
52
600 to 1,200
46
1,200 to 2,400
40
2,400 to 4,800
34
Above 4,800
32
(14) 
Sound levels shall be measured with a sound-level meter and associated octave band analyzer manufactured according to standards prescribed by the American National Standards Institute, Inc., New York, New York. Measurements shall be made using the flat network of the sound-level meter. Impulsive-type noises shall be subject to the performance standards hereinbefore prescribed, provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuation of the needle of the sound-level meter with a variation of no more than plus or minus two decibels.
(15) 
Noises incapable of being measured as indicated above, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance.
(16) 
The proposed use shall produce no objectionable heat, glare or radiation beyond the property line. No industrial use or operation shall produce a glare or flash visible from any boundary line of a property on which the use is located. Yard lights and/or floodlights shall be so installed, shielded or directed not to cause objectionable glare to surrounding property. The light source itself shall not be visible from any property line.
(17) 
The proposed use shall not endanger surrounding area by reason of fire or explosion. Each use shall comply with all pertinent state laws or regulations and with the following specific requirements where applicable:
(a) 
The manufacture, storage, handling and use of explosives, fireworks and similar materials shall be subject to the rules and regulations of the appropriate state agency.
(b) 
The handling, transporting and utilizing of liquid petroleum gases shall be subject to approval of, and shall comply with, the rules and regulations of the appropriate state agency.
(18) 
The proposed use shall not create an objectionable traffic condition on the highway or in an adjacent area or generate a nuisance to surrounding property by reason of truck traffic.
(19) 
The proposed use shall not result in electrical disturbance in an adjoining or nearby residence or other use, adversely affect the operation of equipment, other than on the property on which the disturbance is located, or emit dangerous radioactivity at any point.
(20) 
The proposed use shall not contribute to the pollution of waters or endanger the underground supply to other properties.
(21) 
The proposed use shall not create any other objectionable condition in adjoining areas which will endanger health, safety or the proper use of property.
(22) 
The applicant when requested shall demonstrate that the proposed use will comply with such other standards as may have been adopted by the Town Council and adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive. In order to determine that adequate safeguards are provided, the Building Official may require that the applicant submit necessary information, impartial expert judgments and written assurances; obtain the advice of official agencies or of private consultants; and require that the use comply with such tests or provide such safeguards as may be deemed necessary.