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Legislation to safeguard the cultural and historical integrity of selected areas is being prepared for introduction into County Council soon after the turn of the year.

Second District councilman Robert Weiner said he has agreed to sponsor a proposal to create "unique corridor overlay zoning" as soon as the Department of Land Use signs off on a recently completed final draft of the measure. Weiner is chairman of Council's land use committee.

The proposed ordinance is intended initially to support civic organizations concerned with the futures of both Kennett Pike through Greenville and Centreville and Philadelphia Pike through Claymont. It was developed, the councilman said, by land use manager Charles Baker "working closely with the Kennett Pike community."

"This is only a draft and there will be ample opportunity for public input once it is formally filed," Weiner said. Even before that, he said he intends to run it by the business community.

He added that, as the term 'unique' implies, it is intended to be applied to "only a few qualifying corridors" and that the overall effect should be the enhancement of property values.

"Conceptually, it will incentivize [sic] economic development and remove current barriers to revitalizing urban-like and suburban blighted areas," he said.

As Delaforum first reported last September, the proposed amendment to the Unified Development Code envisions a two-step process whereby certain areas -- most likely defined by the highways which run through them -- would be designated as 'unique corridors'. As a result, according to the draft ordinance, permission for subdivision or development within those areas will be based on assurance that the proposal is "compatible with the character of the roadway, surrounding landscape and nearby communities."

Underlying zoning of the area would not be changed, but the ordinance would forbid some otherwise permitted uses. Those are listed in the draft as "adult uses", automotive sales and service, fast-food restaurants, telecommunications towers, movie theaters, skating rinks, bowling alleys, "similar recreational facilities", motels and hotels, "heavy retail and service", extraction and industrial uses.

Also prohibited once the designation is in place would be rezoning to commercial or industrial use although there is no requirement that, if such designations are in place, they be changed.

The draft ordinance also provides for specific requirements concerning landscaping, lighting, parking, noise, driveways and the like. Traffic-impact studies would be required for all but minor residential development.

In order for it to be covered by the regulations, a Council member would have to nominate a specific area for 'unique corridor' designation. After Land Use and Council hearings, the designation would have to be confirmed by ordinance. Then individual proposals would be considered through the usual process, which also requires Land Use and Council hearings and respective recommendations and action.

Presumably in most cases, the two steps would be separate, with the second not necessarily following directly the first. 

Posted on December 23, 2000
Last updated on December 23, 2000

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