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City of Harrington, DE
Kent County
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Table of Contents
Table of Contents
A. 
In the Central Commercial Zone (C-2), no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.
B. 
Purpose. The purpose of the C-2 Zone is to provide for commercial uses that primarily provide local goods and services, as well as supporting residential uses within the Central Commercial Zone. This zone is located in the central areas of the City where moderate- and high-density mixed-use development patterns are generally established and desired, and where building reuse and infill to create higher densities are encouraged. The zone is designed to create lively, safe, human-scaled gathering places for the community through building design and orientation and by encouraging a mix of uses. This zone is also intended to ensure an attractive, inviting pedestrian-oriented setting through supplementary appearance, parking, and sign regulations.
C. 
Permitted uses.
(1) 
All commercial uses permitted in the Neighborhood Commercial Zone (C-1), provided that all C-1 regulations are complied with.
(2) 
Residential dwellings on the second floor.
(3) 
Restaurant establishments serving food or beverages to the general public, such as, but not limited to, breweries, restaurants, cafes, taprooms, taverns, retail bakers, and confectionery or ice cream shops, including walk-up windows and outdoor dining.
(4) 
Entertainment establishments such as theaters for motion pictures and stage plays.
(5) 
Financial institutions, consisting of a bank or savings-and-loan association.
(6) 
Professional offices, such as, but not limited to, those for the practice of medicine or other health services, or for law, engineering, architecture, design-related, accounting, or veterinarian offices.
(7) 
Business offices, such as, but not limited to, real estate sales, insurance sales, advertising, or retail copying and printing services.
(8) 
Institutional uses, such as government administration, post offices, community centers, public libraries, museums, and offices for public utilities.
(9) 
Public parks, plazas, squares, courtyards, urban gardens, and public recreation areas.
(10) 
Art and cultural uses, such as, but not limited to, galleries and museums and studios for dance, music, fitness, art, or photography.
(11) 
Bed-and-breakfast establishments.
(12) 
Health care and clinics.
(13) 
Educational institutions, such as tutoring businesses, learning centers, universities, and colleges.
(14) 
Religious institutions and their ancillary uses.
(15) 
Private membership clubs and fraternal organizations.
(16) 
Fitness/wellness centers.
(17) 
Professional day-care centers.
(18) 
Drive-through facilities are prohibited, except for financial or governmental institutions.
D. 
Residential uses. Residences are permitted in the C-2 Zone, upon recommendation by the Planning Commission with final approval by the City Council.
A. 
This article shall apply to all new buildings and projects, excluding single-family residential dwellings, in the C-2 Zone.
B. 
This article shall apply to all renovations and redevelopment, including applicable additions of an existing building, site, or project in the C-2 Zone, where the cost of such addition, renovation, or redevelopment exceeds 50% of the assessed value of the existing structure(s), or would exceed 25% of the square footage of the gross area of the existing structures. "Renovation" is not intended to apply to routine repairs and maintenance of an existing building.
C. 
Deviations. Deviation(s) from the provisions of this article may be approved by the City Manager for renovations of existing buildings where special or unique circumstances or factors exist which make compliance with this article unfeasible.
A. 
Dimensional and density standards.
(1) 
Lot area: 2,500 square feet, minimum.
(2) 
Maximum building area: The maximum building footprint for nonresidential buildings is 10,000 square feet.
(3) 
Minimum lot width at front building line: 25 feet.
(4) 
Minimum lot depth: 100 feet.
(5) 
Build-to line.
(a) 
The build-to line for new construction shall be:
[1] 
Built to the sidewalk or right-of-way line, whichever is farthest from the street; or
[2] 
Set back a maximum of 15 feet from the sidewalk for purposes of a plaza, square, courtyard, or outdoor dining. No parking shall be located in this area.
(b) 
A minimum of 75% of the facade of any building along a public street must be constructed at the build-to line.
(6) 
Side yard setback.
(a) 
Sharing a party wall: none.
(b) 
Not sharing a party wall: 10 feet (five feet per each building).
(c) 
Adjoining residential zone: 25 feet.
(7) 
Rear yard setback:
(a) 
Adjoining nonresidential zone: 10 feet.
(b) 
Adjoining residential zone: 15 feet.
(8) 
Maximum impervious coverage: 85%.
(9) 
Building height:
(a) 
Buildings shall be a minimum of two stories, unless approved by the Planning Commission, and a maximum of 45 feet in height.
(b) 
For buildings exceeding 35 feet, a six-foot setback is required for the top story. See Figure 8.1.
(c) 
See Article XIII, General Regulations, for exemptions in height limitations.
(10) 
Mixed use. Mixed-use buildings may include first floor retail, personal service, or office uses, as described herein, and residential apartments or condominiums or office uses on the upper floors. Residential density of upper floor apartments or condominiums in a mixed-use building shall not exceed eight units per acre. Each apartment or condominium shall have a private access separate from that of the commercial uses.
B. 
Accessory buildings and structures. See § 440-140, Accessory uses, buildings, and structures, Table 13.1, Dimensional Standards for Accessory Buildings and Structures for Residential Uses and C-1, C-2, C-3, and TND Zones.
C. 
Projections into required yards. See § 440-144, Projections into required yards, Table 13.4, Permitted Projections into Required Yards.
D. 
Building design standards. New construction for nonresidential and mixed-use developments shall meet the following requirements:
(1) 
Building orientation and entrances.
(a) 
Buildings must have a primary entrance door oriented towards a public street and sidewalk.
(b) 
Entrances at building corners may be used to satisfy this requirement.
(c) 
All primary building entrances should be accentuated. Entrance accentuations permitted include recessed, protruding, canopy, portico, or overhang. Entrances at building corners shall be articulated with a chamfered corner, turret, canopy, or other similar building feature.
(2) 
Building character. New development shall generally employ building types that are compatible to the existing architecture of the area in their massing and external treatment. Typical elements of architecture in the area include pitched roofs, gables, masonry walls, and punched or separate inset windows.
(3) 
Windows.
(a) 
The ground floor front facades of retail buildings shall include a minimum of 50% windows that allow views of indoor nonresidential space or product display areas. See Figure 8.2.
(b) 
Upper story windows shall be generally aligned with windows and doors on the first floor.
(c) 
Upper story windows of front facades shall include a minimum of 30% and a maximum of 60% window area in the facade above the ground floor.
(d) 
Smoked, light reflective, opaque, or black glass in windows viewable from a public street shall not exceed 50% of the window area.
(e) 
The bottom edge of any window or product display window used to satisfy the window standard above should not be more than three feet above the adjacent sidewalk.
(4) 
Roofs.
(a) 
Architectural embellishments that add visual interest to roofs, such as dormers, masonry chimneys, cupolas, towers, and other similar elements, shall be included in the design of buildings.
(b) 
Flat roofs are allowed on buildings of two stories or more, provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building wall plane.
(c) 
Pitched roofs shall have a minimum slope of 4:12 and a maximum slope of 12:12.
(d) 
The roof shall be articulated above the building entrance.
(5) 
Facade articulation.
(a) 
"Facade" is defined as the exterior walls of a building facing a public street.
(b) 
Facades shall have horizontal articulation elements such as window sills, window lintels, protruding horizontal courses on each floor of the building, and cornices. See Figure 8.3.
(c) 
The top level shall be treated with a distinct outline with elements such as projecting parapet, cornice, or other projection.
(d) 
Facades fronting on sidewalks of any structure shall be of a primary building material comprising at least 75% of the facade, excluding glass and doors with architectural details such as storefront bulkheads, quoin, cornices, pilasters, sills, lintels, stringcourse, and columns of different materials.
(e) 
Facades should have a distinct base course of at least one foot in height at ground level using materials that are different from the main facade, such as stone, masonry, or decorative concrete.
(f) 
Facades should have vertical articulation at a maximum distance of every 20 feet of continuous facade. Vertical articulation should be created through changes in plane or building material for a minimum of one foot wide and protruding a minimum of two inches.
(g) 
To further articulate the building facade and increase architectural interest while facilitating all-weather comfort of pedestrians, continuous awnings (both permanent and retractable), canopies, and building overhangs, including arcade structures with occupied space above, are encouraged along the street frontages.
(6) 
Design guidelines for improvements to and reuse of existing buildings. Where an applicant is improving or changing an existing structure to accommodate a change in use, the applicant is encouraged to integrate any of the following design standards that are relevant to the improvements being completed. The applicant should illustrate how a new use within an existing structure attempts to accommodate the following standards:
(a) 
Locate primary building entrances toward the street.
(b) 
Provide more than 25% transparent or translucent materials on each story below the roofline.
(c) 
Locate parking to the side or rear of the principal building.
(d) 
Utilize pedestrian scale facade articulation and changes in plane on all facades to distinguish each building story and imply regularly spaced storefronts between 20 to 40 feet.
E. 
Buffer and screening standards. See buffer and screening requirements in Article XIII, General Regulations.
F. 
Exterior lighting.
(1) 
Pedestrian pathways need to be clearly marked and well lit. Lighting should be sufficient for security and identification without allowing light to trespass onto adjacent sites.
(2) 
Pedestrian-oriented lighting shall be provided between the curb and the sidewalk at a maximum spacing of 60 feet. A minimum footcandle of 0.5 shall be required for safety.
(3) 
Light standard heights.
(a) 
Pedestrian lighting for sidewalks and walkways shall be a maximum of 12 feet in height measured from the ground to the top of the light fixture.
(b) 
Other lighting for streets and parking areas shall be a minimum of 15 feet and a maximum of 18 feet in height measured from the ground to the top of the light fixture.
(c) 
Lighting fixtures shall not exceed the height of the principal building on the site.
G. 
Outdoor dining. Outdoor furnishings are limited to tables, chairs, and umbrellas. Planters, posts with ropes, or other removable enclosures, as well as a reservation podium, are encouraged and shall be used as a way of defining the area occupied by the cafe. Refuse facilities shall be provided. Outdoor dining cannot impede pedestrian traffic flow. A minimum pathway of at least four feet free of obstacles shall be maintained.
H. 
Pedestrian amenities. Vegetation planters, urban gardens, water features, special pavement treatments, all-weather street furniture (e.g., benches, trash receptacles, bicycle racks), public art (e.g. sculpture or artist-designed street furniture), and other pedestrian amenities should be considered along sidewalks and in public plazas, squares, and courtyards.
I. 
Fences. Chain-link and barbed-wire fences are prohibited.
All developments in the C-2 District shall be required to provide the following improvements along the entire length of all public streets on which they obtain frontage:
A. 
Sidewalks.
(1) 
Sidewalks within the C-2 District shall conform to the requirements of Article XIII, General Regulations.
(2) 
Sidewalks are required to connect the street frontage to all building entrances, parking areas, open space, and any other destination that generates pedestrian traffic.
(3) 
Sidewalks shall connect to existing sidewalks on abutting parcels and other nearby pedestrian destination points and transit stops.
(4) 
Sidewalks shall be stamped concrete and shall be designed to be consistent with adjoining properties.
(5) 
The sidewalk material across driveways shall conform to City of Harrington specifications.
(6) 
All sidewalks, walkways and curb ramps shall meet Americans with Disabilities Act (ADA) requirements.
(7) 
Concrete, stamped concrete, brick pavement, and/or a planting bed shall extend from the sidewalk edge to the building.
B. 
Street trees.
(1) 
Street trees shall be planted along all public rights-of-way, provided that a minimum width of four feet of unobstructed sidewalk at the tree well location can be provided.
(2) 
Spacing. Street trees shall be spaced 40 feet apart. In spacing trees, consideration shall be made for driveways, streetlights, utility poles, underground utilities, traffic light poles, and other obstructions, as well as existing and future placement of trees in front of adjacent properties.
(3) 
Trees shall be a minimum of three inches in caliper. Types of trees shall be approved by the City Engineer. See Appendix 1, Approved Trees.[1]
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(4) 
Street trees shall be planted in tree wells located between the curb and the sidewalk or in the sidewalk. Tree wells shall be a minimum of three feet long by three feet wide by 3 1/2 feet deep below the ground surface and shall be covered with tree grates or decorative concrete unit pavers.
(5) 
Trees located under wires shall not be of a species that is expected to grow into the utility lines.
(6) 
If street trees cannot be planted, every effort shall be made by the property owner to add planters or other landscaping. Planters shall not obstruct the sight triangles. Planters shall not encroach into the sidewalk so that less than four feet of sidewalk is available for pedestrians.
Additional regulations may apply, including, but not limited to:
A. 
Parking. See Article XV, Parking and Access;
B. 
Signage. See Article XIV, Signs;
C. 
Building standards. See Chapter 102, Building Standards;
D. 
Impact fees. See Chapter 175, Fees, Impact (community service); § 330-9, Sewer impact and connection fees; and § 425-10, Impact fees (water);
E. 
Floodplains. See Chapter 212, Floodplain Regulations;
F. 
Manufactured homes. See Chapter 250, Manufactured Homes, and Chapter 255, Manufactured Home Licenses;
G. 
Building permits and certificates of occupancy. See Chapter 292, Permits and Approvals;
H. 
Portable storage units. See Chapter 297, Portable Storage Units;
I. 
Property maintenance. See Chapter 305, Property Maintenance;
J. 
Sewers. See Chapter 330, Sewers;
K. 
Source water. See Chapter 350, Source Water Protection;
L. 
Standard specifications. See Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design;
M. 
Streets and sidewalks. See Chapter 365, Streets and Sidewalks;
N. 
Recreational vehicles. See Chapter 417, Recreational Vehicles;
O. 
Water. See Chapter 425, Water.