(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.

     D.     Special exception uses.

           (1)     Public utility uses.

           (2)     Commercial uses which are of the type identified in ~ 225-19B and C, but were not specified.

           (3)     General office uses. [Added 3-29-1982 by Ord. No. 172]

           (4)     Motor vehicle service establishment use. [Added 1-28-1982 by Ord. No. 279]

           (5)     Commercial uses specified in ~ 225-19B and C, 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. [Added 5-11-1993 by Ord. No. 301]

     E.   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 off-street parking.

           (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 twenty (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 (2) feet and seven (7) 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 one hundred (100) feet of frontage upon a public road. Such driveway shall not exceed thirty-two (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 twenty (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)     It shall be prohibited in any business establishment open to persons under the age of seventeen (17) years to display a book, pamphlet, newspaper, magazine, film or video cassette, 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 seventeen (17) are not permitted. [Added 12-8-1992 by Ord. No. 292]

~ 225-20. HD Highway Development District.

     A.     Permitted primary uses.

           (1)     Retail stores and personal service establishments, including but not limited to commercial uses identified in ~ 225-19B(1), (2) and (5). [Amended 4-14-1983 by Ord. No. 182]

           (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. [Added 4-14-1983 by Ord. No. 182]

           (7)     General office uses. [Added 4-14-1983 by Ord. No. 182]

     B.     Permitted secondary uses.

           (1)     Any secondary use enumerated in ~ 225-19C.

     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 (3) 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 twenty (20) feet;

                (d)  No portion of such structure or its equipment shall be located within eight hundred (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. [Amended 4-14-1983 by Ord. No. 182]

           (6)     Wholesale establishment.

           (7)     Commercial greenhouse.

           (8)     Veterinarian services.

           (9)     Public utility uses. [Added 7-12-1984 by Ord. No. 193]

     D.   Other provisions and requirements.

           (1)     Same as enumerated in ~ 225-19E.

           (2)     Access barrier. Each use established in this zone shall set aside an area at least thirty (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 (2) feet and seven (7) 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 (2) accessways to any one (1) public highway or street. Neither of such accessways shall be more than thirty-two (32) feet in width. The intent of this section is to encourage the use of common accessways by two (2) 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 fifty (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 their approval.

~ 225-21. 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 establishment.

                (c)     Carpet and rug cleaning.

                (d)  Food and associated industries.

                (e)     Contractor or general service shop, including plumbing, heating, carpentry, welding and similar shop.

                (f)     Scientific research laboratories and other experimental, testing or research establishment, 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 fishing, 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 establishment.

                (n)     Business establishment, wholesale.

                (o)     Building materials supply or distribution facility.

                (p)  Uses enumerated in ~ 225-20A and B, subject to the provisions of ~ 225-19E. [Added 4-14-1983 by Ord. No. 182]

     B.     Permitted secondary uses.

           (1)     Signs, in accordance with the provisions of this chapter.

           (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). [Added 4-14-1983 by Ord. No. 182]

           (3)     Public utility uses. [Added 7-12-1984 by Ord. No. 193]

     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 (2) accessways to any one (1) public highway or street. Neither of such accessways shall be more than thirty-two (32) feet in width. The intent of this section is to encourage the use of common accessways by two (2) 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 (1) 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 twenty (20) feet from 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. [Amended 9-10-1987 by Ord. No. 214]

           (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 ten percent (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 forty thousand (40,000) gallons of fuel oil or twenty thousand (20,000) gallons of gasoline or kerosene.

                (f)     Residential dwelling units.

           (9)     Along any district boundary line, a buffer yard shall be provided which shall not be less than one hundred (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 thirty (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. [Amended 9-10-1987 by Ord. No. 214]

           (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               Sound Pressure Level          

Per Second               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 (2) 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.

~ 225-22. Floodplain District. [Added 1-13-1977 by Ord. No. 124]

     A.     Establishment.

           (1)     [Amended 7-9-1987 by Ord. No. 212; 10-8-1987 by Ord. No. 216] The Town of Elsmere shall establish a Floodplain District to include all areas subject to inundation by waters of the one-hundred-year flood. The source of this delineation shall be the Flood Insurance Study for the Town of Elsmere, New Castle County, Delaware, by the U.S. Department of Housing and Urban Development, Federal Insurance Administration. The Floodplain District shall be deemed an overlay on any existing and hereafter established zones or district within the Town of Elsmere. For the purpose of this chapter, the areas considered to tie floodplain within the town shall be those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study and on the Flood Insurance Rate Map prepared for the town by the Federal Emergency Management Agency (FEMA) dated September 18, 1987.

                (a)  A map showing all areas considered to be subject to the one-hundred-year flood is available for inspection, at the town offices. For the purpose of this chapter, the following nomenclature is used in referring to the various kinds of identified floodplain areas:

                     [1]  FW (Floodway Area) -- The areas identified as "Floodway" in the Flood Insurance Study prepared by FEMA.

                     [2]  FF (Flood-Fringe Area) -- The areas identified as "Floodway Fringe" in the Flood Insurance Study prepared FEMA.

                (b)  The FW (Floodway Area) is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this area are specifically defined in the Floodway Data table contained in the above-referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Map.

                (c)  The FF (Flood-Fringe Area) shall be that area of the one-hundred-year floodplain not included in the Floodway. The basis for the outermost boundary of this District shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study and as shown on the accompanying Flood Insurance Rate Map.

           (2)     The delineation of the boundaries of the Floodplain District may be revised by the Town Council where there are modified data reflecting natural or man-made physical changes. All such changes shall be subject to the review and approval of the Federal Insurance Administrator.

     B.     Development regulations.

           (1)     [Amended 7-9-1987 by Ord. No. 212; 10-8-1987 by Ord. No. 216; 7-10-1990 by Ord. No. 263] Within any FW (Floodway Area) and/or FF (Flood-Fringe Area), the following provisions shall apply:

                (a)     Within any FW (Floodway Area), the following provisions apply:

                     [1]  Any new construction, development, use, activity encroachment that would cause any increase in flood heights shall be prohibited.

                     [2]  No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management.

                (b)  For all subdivisions and other proposed new development, including substantial improvements, the following regulations shall be met:

                     [1]  All proposals shall be consistent with the need to minimize flood damage.

                     [2]  All public and private water supply systems and/or sanitary sewage systems shall be designed, located and installed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

                     [3]  All gas, electric, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. [Amended 2-12-1991 by Ord. No. 268]

                     [4]  All drainage facilities within and leading to or from the Floodplain District shall be adequately designed, located and installed to minimize or eliminate damage resulting from the one-hundred-year flood.

                     [5]  On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. [Added 2-12-1991 by Ord. No. 268]