100 Old Churchmans Rd New Castle, DE 19720-3116

may be utilized in a manner consistent with their prior Industrial (I) or Service Commercial (SC) zoning classification. No new structures shall be erected, and no existing structures expanded, except for uses permitted by the Downtown Gateway (DG) zoning classification. Notwithstanding the foregoing prohibition on the construction or expansion of new or existing structures, the Board of Adjustment shall have jurisdiction to approve, reject, limit or condition the installation of fencing or wall structures by special exception in situations where the Board determines special circumstances, privacy or security concerns exist that cannot be practically addressed through other reasonable alternatives. In making its determination, the Board of Adjustment shall consider, among other things: [Amended 10-24-2019 by Ord. No. 520 ] (a) Whether the size or configuration of the proposed fence provides a reasonable fenced area for the owner’s proposed use or purpose without creating significant harm to adjacent properties or the neighborhood. (b) Wood, vinyl or iron fencing shall be preferred. Walls shall be constructed of brick or stone. Where chain-link or similar forms of security fencing are required they should be reasonably screened from the view of adjoining streets, open space and properties by landscaping which is primarily evergreen. (c) The height of the fence or wall must not exceed six feet. Any wall or fence must be constructed so the finished side (i.e., the side that does not contain the horizontal fence supports and the in-ground fence posts) faces adjacent streets and/or properties. (d) A fence or wall must be constructed so that it does not extend into the front yard of the property beyond the face of the building erected thereon. (e) All other provisions of Chapter 230 , Article VIII , of the City Code pertaining to special exceptions and hearings before the Board of Adjustment not in conflict herewith shall apply. (2) Parking, signage and other bulk area regulations for the Industrial (I) and Service Commercial (SC) zones shall apply to Industrial (I) and Service Commercial (SC) uses permitted hereunder in the Downtown Gateway (DG) zone. (3) Outdoor uses permitted under the Industrial (I) or Service Commercial (SC) zoning classifications shall continue to be permitted during the savings period.