Unless otherwise stated, the following terms shall, for the purpose
of this chapter, have the following meanings:
ABANDONED SIGN
A sign that for 180 days or more no longer identifies or
advertises an ongoing business, product, location, service, idea,
or activity conducted on the premises on which the sign is located
or a sign that for seven days or more no longer identifies or advertises
an event or election.
ADDITION
An extension or increase in floor area or height of a building
or structure.
ADJACENT
Physically touching or bordering upon; sharing a common boundary,
but not overlapping.
ALLEY
See "street, alley."
ALTERATION
Any construction or renovation to an existing structure other
than a repair or addition.
ALTERATION, SIGN
A change in the size or shape of an existing sign. Copy or
color change of an existing sign is not an alteration. Changing or
replacing a sign face or panel is not an alteration.
ANIMATED SIGN
A sign employing actual motion, the illusion of motion, or
light and/or color changes achieved through mechanical, electrical,
or electronic means. Animated signs, which are differentiated from
changeable signs as defined and regulated by this chapter, include
the following types:
(1)
Environmentally activated: animated signs or devices motivated
by wind, thermal changes, or other natural environmental input; includes
spinners, pinwheels, pennant strings, and/or other devices or displays
that respond to naturally occurring external motivation.
(2)
Mechanically activated: animated signs characterized by repetitive
motion and/or rotation activated by a mechanical system powered by
electric motors or other mechanically induced means.
(3)
Electrically activated: animated signs producing the illusion
of movement by means of electronic, electrical, or electromechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one or both of the classifications noted
below:
(a)
Flashing: animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle in which the period
of illumination is either the same as or less than the period of no
illumination. For the purposes of this chapter, flashing will not
be defined as occurring if the cyclical period between on-off phases
of illumination exceeds eight seconds.
(b)
Patterned illusionary movement: animated signs or animated portions
of signs whose illumination is characterized by simulated movement
through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns designed
to appear in some form of constant motion.
APPLICANT
Any individual submitting a plan for development under the
provisions of this chapter.
ARCADE
An architectural feature that provides public access to building
entrances, retail space and/or public space.
ARCHITECTURAL PROJECTION
Any projection from a building that is decorative and/or
functional and not intended for occupancy and that extends beyond
the face of an exterior wall of a building but that does not include
signs as defined herein. See also "awning"; "back-lit awning"; "canopy
(attached)"; and "canopy (freestanding)."
ARTICULATION
A change in depth of the vertical building plane or a change
in building material.
AVERAGE DAILY TRAFFIC (ADT)
The total volume of traffic during a given time period in
whole days greater than one day and less than one year, divided by
the number of days in that time period.
AWNING
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable.
AWNING SIGN
A sign displayed on or attached flat against the surface or surfaces of an awning. See also "Wall or fascia sign." An awning that contains a "sign" section or copy area shall comply with the applicable sign area requirements for parallel signs contained in this chapter. Only the sign or copy area displayed on an awning shall be used to determine the permitted sign area; the entire awning shall not be included in a sign area calculation. Refer also to §
440-173, Typical on-premises sign types, for a visual reference example.
BACK-LIT AWNING
An awning composed of covering material exhibiting the characteristic
of luminosity obtained by means of a source of illumination contained
within its framework.
BANNER
A flexible substrate on which copy or graphics may be displayed.
BANNER SIGN
A sign utilizing a banner as its display surface.
BASEMENT
A space partly underground and having at least half of its
height underground.
BED-AND-BREAKFAST
A lodging place with no more than four guest rooms, or suites
of rooms, available for temporary (no more than two weeks) occupancy,
whose owner resides at the facility, and where meals are available
only to guests at the facility.
BENCH SIGN
A sign applied or affixed to the seat or back of a bench.
BICYCLE STORAGE, CLASS I
A locker, enclosed structure, or supervised area within a
building providing for long-term bicycle protection from theft, vandalism,
and weather conditions; as defined by the American Association of
State Highway and Transportation Officials (AASHTO).
BICYCLE STORAGE, CLASS II
A stand or other device constructed so as to enable the user
to secure a bicycle by locking the frame and one wheel of each bicycle
parked therein. Class II bicycle storage shall support bicycles in
stable, upright positions and must be easily usable with both U-locks
and cable locks; as defined by the American Association of State Highway
and Transportation Officials (AASHTO).
BICYCLE STORAGE, CLASS III
A rack constructed of steel pipe or tubing that is securely
anchored to an immovable level surface. The rack design shall provide
stable support for a bicycle locked against it by allowing at least
two points of contact for a typical bicycle frame; as defined by the
American Association of State Highway and Transportation Officials
(AASHTO).
BILLBOARD
See "off-premises sign" and "commercial outdoor advertising
sign."
BLOCK
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to the continuity of development.
BOARD
Board of Adjustment for the City of Harrington.
BREWERY
A facility which brews ales, beers, cider, and other similar
beverages. Retail and wholesale sales are only permitted for beverages
produced on the premises.
[Added 10-2-2017 by Ord.
No. 17-10]
BUILDABLE AREA
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been met.
BUILDING
Any structure having a roof supported by columns or walls
intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods, or materials of any kind.
(1)
BUILDING, ACCESSORYA subordinate structure on the same lot as a main building in which is conducted a use that is clearly incidental and subordinate to the lot's principal use.
BUILDING CODE
The International Building Code (IBC). See Chapter
102, Building Standards.
BUILDING FACADE
That portion of any exterior elevation of a building extending
vertically from grade to the top of a parapet wall or eaves and horizontally
across the entire width of the building elevation.
BUILDING HEIGHT
The vertical distance from grade plane to the average height
of the highest roof surface.
BUILDING LINE
A line parallel to the street line touching that part of
a building closest to the street.
BUILDING MASS
The three-dimensional bulk of a structure: height, width,
and depth.
BUILDING SCALE
The proportional relationship between the mass and shape
of a building and its surroundings, including the width of street,
open space, and surrounding buildings.
BUILDING, TEMPORARY
Any piece of work that is readily movable and used or intended
to be used for a period not to exceed 90 consecutive days. Such structure
shall be subjected to all applicable property development standards
for the district in which it is located.
BUILD-TO LINE
A line extending through the lot, which is generally parallel
to the front property line and marks the location from which the vertical
plane of the front building elevation must be erected; intended to
create an even building facade line along a street. The build-to-line
is established on the record plan.
BULKHEAD
A structure on the roof of a building to provide headroom
over a stairwell or other opening.
CALIPER DIMENSION
The outside diameter measurement of the trunk of a tree measured
at a vertical distance of three feet above grade.
CANDELA
The basic unit of measurement of light in SI (metric) units.
CANDELA PER SQUARE METER (cd/m2)
The SI (metric) unit used to describe the luminance of a
light source or of an illuminated surface that reflects light; also
referred to as "nits."
CANOPY (ATTACHED)
A multisided overhead structure or architectural projection
supported by attachment to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light.
CANOPY (FREESTANDING)
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
CANOPY SIGN
A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Refer also to §
440-173, Typical on premises sign types, for a visual reference example.
CARPORT
A covered structure used to offer limited protection to vehicles,
primarily cars, from the elements. The structure can either be freestanding
or attached to a wall. Unlike most structures, a carport does not
have four walls and usually has one or two.
CAR WASH
A building or portion thereof containing mechanical facilities
for the washing or waxing of passenger vehicles, recreational vehicles,
or other light-duty equipment.
CHAMFERED CORNER
Two wall planes intersecting with a diagonal cutoff such
as a beveled edge.
CHANGEABLE SIGN
A sign with the capability of content change by means of
manual or remote input; includes the following types:
(1)
Manually activated: a changeable sign whose message copy or
content can be changed manually on a display surface.
(2)
Electrically activated: a changeable sign whose message copy
or content can be changed by means of remote electrically energized
on-off switching combinations of alphabetic or pictographic components
arranged on a display surface. Illumination may be integral to the
components, such as characterized by lamps or other light-emitting
devices; or it may be from an external light source designed to reflect
off the changeable component display. See also "electronic message
center or sign (EMC)."
CHANNEL LETTER (OPEN FACED)
A dimensional letter with a back and sides but no face at
the front of the letter. Open-faced channel letters may be nonlit,
externally illuminated, or illuminated by a light source contained
inside the open channel of the letter itself, such as a neon tube.
CHANNEL LETTER (REVERSE)
A dimensional letter with a face and sides but no back, opposite
to an open-faced channel letter. A reverse channel letter has an open
channel facing the wall or building to which it is affixed. A reverse
channel letter may contain a source of illumination designed to project
lighting against the surface behind the letter, commonly referred
to as a "backlit channel letter"; also referenced as a "halo" or "silhouette-lighted
channel letter." The face of a reverse channel letter does not illuminate.
CIRCULATION AREA
That portion of the parking area used for access to parking
or loading areas or other facilities on the lot. Essentially, driveways
and other maneuvering areas (other than parking aisles and parking
spaces) comprise the circulation area.
CITY MANAGER
Person authorized to administer and enforce this code and/or
his/her designee.
CLADDING
A nonstructural covering designed to conceal the actual structural
supports of a sign. See also "pole cover or pylon cover."
CLUB
A group of people, organized for a social, educational, or
recreational purpose, operating primarily neither for profit nor to
render services customarily carried on by commercial businesses.
COLUMN
An architectural and structural element that transmits, through
compression, the weight of the structure above to other structural
elements below.
COMMERCIAL OUTDOOR ADVERTISING SIGN
A permanent off-premises sign erected, maintained, or used
in the outdoor environment for the purpose of providing copy area
for commercial or noncommercial messages.
COMMUNITY CENTER
A building used for recreational, social, educational, and
cultural activities.
CONCEPT PLAN
An informal sketch or drawing of a site plan of sufficient accuracy to be used for discussion only and utilizing §
440-290, Contents of concept plan submittals.
CONFORMING SIGN
A sign that is legally installed in conformance with all
prevailing jurisdictional laws and ordinances.
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food
products, household items, newspapers, or prepared foods, usually
for off-site consumption.
COPY
The graphic content or message of a sign.
COPY AREA OF SIGN
The actual area of the sign copy as applied to any background. The copy area on any individual background may be expressed as the sum of the geometrically computed shape or shapes encompassing separate individual letters, words, or graphic elements on the background. See §
440-174, Sign area computational methodology/ground signs, for computational methodology.
CORNICE
The uppermost section of moldings along the top of a wall
or just below a roof.
DAY-CARE CENTERS
Centers which provide care, protection, supervision and guidance
for 12 or more children, including preschool children who are related
to the operator. Service is provided on a regular basis for periods
of less than 24 hours per day, unattended by parent or guardian, and
for compensation. The following facilities which operate for less
than 24 hours per day are not included in the definition of "day-care
centers":
(1)
Summer camps licensed by the Division of Public Health, or summer
schools or classes for religious instruction conducted by churches
during summer months, known as "Vacation Bible Schools," for periods
not to exceed four weeks during a twelve-month period.
(2)
Child-care facilities established in connection with a religious
institution, a business, or recreation center, in which children are
provided care for brief periods of time, while parents are on the
premises.
(3)
Any public or private school that provides regular and thorough
instruction through at least the sixth grade in the subjects prescribed
for the schools of the state, in a manner suitable to children of
the same age and stage of advancement, and that reports to the State
Board of Education. This exclusion shall include all programs operated
by such schools and shall also include preschool education programs
for handicapped persons as defined by 14 Del. C. § 3101(4).
(4)
Preschool, kindergarten and school age programs operated independently
for no more than four hours per day and such preschool or kindergarten
programs which operate two schedules of no more than four hours each,
with each session admitting different children.
DIMENSIONAL AND DENSITY STANDARDS
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
a building can be located, including coverage, setbacks, height, floor
area ratio, and yard requirements; also called "bulk regulations."
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
DISPLAY TIME
The amount of time a message and/or graphic is displayed
on an electronic message sign.
DISSOLVE
A mode of message transition on an electronic message sign
accomplished by varying the light intensity or pattern, in which the
first message gradually appears to dissipate and lose legibility with
the gradual appearance and legibility of the second message.
DISTILLERY
A facility which distills and bottles liquors and spirits.
Retail and wholesale sales are only permitted for beverages produced
on the premises.
[Added 10-2-2017 by Ord.
No. 17-10]
DISTRIBUTION CENTER
An establishment that distributes and stores goods, products,
cargo, and materials, including transshipment by boat, rail, air,
or motor vehicle.
DRIVE-IN USE
An establishment that by design, physical facilities, service,
or packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
DRIVEWAY
That portion of the vehicle accommodation area that consists
of a travel lane bounded on either side by an area that is not part
of the vehicle accommodation area.
DWELLING
A building, or portion thereof, used as a place of residence,
containing sleeping, cooking, and sanitary facilities, excluding commercial
lodging facilities.
(1)
DWELLING, COTTAGEA single-family detached dwelling type with a smaller living area, yard, and lot area than standard single-family dwellings.
(3)
DWELLING, MANUFACTURED HOMEA single-family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location of jacks or foundations, connections to utilities and the like. The term "mobile home" shall not include a single-family dwelling which is designed to be placed on a permanent foundation, is not designed to be readily movable after the original occupancy as a single-family dwelling, and conforms to the City's building, plumbing, electrical, and housing codes.
(4)
DWELLING, MODULARA dwelling unit fabricated in an off-site manufacturing facility in accordance with the International Building Code, transported to the building site for final assembly on a site-built permanent foundation, is not designed to be moved once so erected or installed, and which is not constructed or equipped with a permanent hitch, and which does not have permanently attached to its body or frame any wheels or axles. Modular homes also include, but are not limited to, panelized, prefabricated, and kit homes.
(5)
DWELLING, MULTIFAMILYA building containing three or more dwelling units, including units that are located one over the other.
(6)
DWELLING, SINGLE-FAMILY DETACHEDA building containing one dwelling unit that is not attached to any other dwelling unit by any means and is surrounded by open space or yards.
(7)
DWELLING, TOWNHOUSEA single-family dwelling unit in a row of at least three, and no more than six, such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical, common, fire-resistant walls extending from ground to roof.
(8)
DWELLING UNITOne or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within for the exclusive use of a single family maintaining a household.
DYNAMIC FRAME EFFECT
An electronic message sign frame effect in which the illusion
of motion and/or animation is used.
EASEMENT
Authorization by a property owner for another to use the
owner's property for a specified purpose.
EDUCATIONAL INSTITUTION
Any public or private preschool, elementary, or secondary
school, or any institution of vocational, professional, or higher
education.
ELECTRIC SIGN
Any sign activated or illuminated by means of electrical
energy.
ELECTRONIC MESSAGE CENTER OR SIGN (EMC)
An electrically activated changeable sign whose variable
message and/or graphic presentation capability can be electronically
programmed by computer from a remote location. Also known as an "EMC."
EMCs typically use light-emitting diodes (LEDs) as a lighting source.
(See also the following terms principally associated with electronic
message centers: "display time," "dissolve," "dynamic frame effect,"
"fade," "frame," "frame effect," "scroll," "transition," and "travel.")
ENTERTAINMENT ESTABLISHMENT
Any establishment (indoors or outdoors) where entertainment,
either passive or active, is provided for the enjoyment of the patrons,
either independent of or in conjunction with any other use.
FADE
A mode of message transition on an electronic message sign
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, or not more than one boarder or roomer, not related
by blood, marriage or adoption, shall not be considered to constitute
one family.
FAMILY CHILD CARE
Homes providing care, education, protection, supervision,
and guidance in private homes on a regular basis for one to six children,
not including the exclusive care of relatives. Service is provided
for part of the twenty-four-hour day, unattended by parent or guardian,
and for compensation.
FLOODPLAIN
When used in this chapter, the term "floodplain" refers to
the area impacted by the one-hundred-year flood as depicted on the
most recent Flood Insurance Rate Maps (FIRMs) developed by the Federal
Emergency Management Agency (FEMA) or a more accurate topographic
survey of a parcel or group of parcels which specifically identify
the area impacted by the one-hundred-year flood using the FEMA-determined
flood elevation.
FLOOR AREA
(1)
FLOOR AREA, GROSS (GFA)The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than seven feet.
(2)
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FONT
A set of letters, numerals, symbols, or shapes conforming
to a specific set of design criteria.
FOOTCANDLE
An English unit of measurement of the amount of light falling
upon a surface (illuminance). One footcandle is equal to one lumen
per square foot. Footcandles can be measured by means of an illuminance
meter.
FOOT-LAMBERT
An English unit of measurement of the amount of light emitted
by or reflecting off a surface (luminance) equivalent to 3.4262591
candelas per square meter.
FRAME
A complete, static display screen on an electronic message
sign.
FRAME EFFECT
A visual effect on an electronic message sign applied to
a single frame. See also "dynamic frame effect."
FREESTANDING SIGN
A sign principally supported by one or more columns, poles, or braces placed in or upon the ground; may also be referenced as a "ground sign" or "monument sign." Refer also to §
440-173, Typical on-premises sign types, for visual reference examples.
FRONTAGE (BUILDING)
The length of an exterior building wall or structure of a
single premises along either a public way or other properties that
it faces.
FRONTAGE (PROPERTY)
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
GRADE PLANE
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
GREENHOUSE, COMMERCIAL
A structure in which plants, vegetables, flowers, and similar
materials are grown for sale.
HOME OCCUPATION
Any business, occupation, or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit. See Article
XIII, General Regulations.
HOSPITAL
A place devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment, or care for not less than
24 hours in any week of four or more nonrelated individuals suffering
from illness, disease, injury, or deformity; or a place devoted primarily
to providing for not less than 24 hours in any week of obstetrical
or other medical or nursing care for two or more nonrelated individuals
requiring a license issued under Delaware Code, Title 16, Chapter
10, § 1003; but does not include sanatoriums, rest homes,
nursing homes, or boarding homes.
ILLUMINANCE
The amount of light falling upon a real or imaginary surface,
commonly called "light level" or "illumination." Measured in footcandles
(lumens per square foot) in the English system and lux (lumens per
square meter) in the SI (metric) system.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally or transilluminated);
or reflecting off its surface(s) (externally illuminated).
IMPERVIOUS COVERAGE
The sum of parking lots, roads, buildings, sidewalks, or
other created surfaces through which rainwater cannot pass or infiltrate
the soil.
INTERIOR SIGN
Any sign placed within a building, but not including window
signs as defined by this chapter. Interior signs, with the exception
of window signs, as defined, are not regulated by this chapter.
KENNEL
The boarding, breeding, raising, grooming, or training of
two or more dogs, cats, or other household pets of any age not owned
by the owner or occupant of the premises, and/or for commercial gain.
LARGE FAMILY CHILD-CARE HOMES
Child care in a private home or commercial (nonresidential)
setting for seven to 12 children preschool age or younger and one
or two school-age children.
LINTEL
A structural horizontal block that spans the space or opening
between two vertical supports.
LISTED SIGN
A sign manufactured and labeled in accordance with specifications
promulgated by a recognized testing laboratory, designed to assure
compliance with applicable American National Standards (ANSI) and/or
the National Electric Code (NEC).
LOT
A designated parcel, tract, or area of land established either
by plat, subdivision, or considered as a unit of property by virtue
of a metes and bounds description, to be separately owned, used, developed,
or built upon. See also "yard."
(1)
LOT, CORNERA lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street (not to include alleys).
(2)
LOT, DEPTHThe average distance measured from the front lot line to the rear lot line.
(6)
LOT LINEA line of record bounding a lot that divides one lot from another lot or from a public street or any other public space.
(10)
LOT OF RECORDA lot that exists either by virtue of a metes and bounds description or by depiction on a plat or deed recorded in the Office of the County Recorder of Deeds.
(11)
LOT, WIDTHA line parallel to the front lot line and drawn through those points closest to and farthest from the street.
LOT LINE ADJUSTMENT
The removal, relocation or replacement of a lot line to make
an adjustment to the lot configuration and area.
LUMINANCE
The light that is emitted by or reflected from a surface;
measured in units of luminous intensity (candelas) per unit area (square
meters in SI measurement units or square feet in English measurement
units); expressed in SI units as cd/m2,
and in English units as foot-lamberts; sometimes also expressed as
nits, a colloquial reference to SI units; can be measured by means
of a luminance meter.
LUX
The SI (metric) unit for illuminance. One lux equals 0.093
footcandle.
MAJOR RECREATIONAL EQUIPMENT
Major recreational equipment includes boats, boat trailers,
travel trailers, pick-up campers, or coaches designed to be mounted
on motor vehicles, recreational vehicles (RVs), motorized dwellings,
tent trailers, personal watercraft, snowmobiles, and similar equipment
as well as cases or boxes used for transporting major recreational
equipment regardless of whether the equipment is inside of the boxes.
MANSARD
A roof-like facade comparable to an exterior building wall. See §
440-175, Comparison: roof and wall sign distinctions, for a visual reference.
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins, or liquors.
Manufacturing includes all mechanical or chemical transformations
regardless of whether the new product is finished or semi-finished
as a raw material for further processing.
MEDICAL CLINIC
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients are not lodged overnight.
MIXED-USE BUILDING
A single building containing more than one type of land use
or a single development of more than one building and use, where the
different types of land uses are in close proximity, planned as a
unified complementary whole, and functionally integrated to the use
of shared vehicular and pedestrian access and parking areas, as regulated
under the provisions of this chapter.
MIXED-USE DEVELOPMENT
A development that contains a mix of housing types and a
variety of development forms, such as size and height, as regulated
under the provisions of this chapter.
MOTEL
A building or series of buildings in which lodging is offered
for compensation, and which is distinguished from a hotel primarily
by reason of providing direct independent access to, and adjoining
parking for, each rental unit.
MOTOR VEHICLE FILLING STATION
An establishment where liquids used as motor fuels are stored
and dispensed into the fuel tanks of motor vehicles, and may include
facilities for the sale of other retail products.
MOTOR VEHICLE REPAIR AND SERVICE
An establishment used for the repair and maintenance of automobiles,
motorcycles, trucks, trailers, or similar vehicles, including body,
frame, muffler, wheels and brakes, painting, and similar activities.
MOTOR VEHICLE SALES AND STORAGE
An establishment used for the storage and display for sale
of more than two motor vehicles or any type of trailer, provided the
trailer is unoccupied, and where repair or body work is incidental
to the operation of the new or used vehicle sales. Motor vehicles
sales includes motor vehicle retail or wholesale sales.
NET ACRE
The area within lot boundaries of all lands comprising the
buildable area. The net acre is the gross acreage of land excluding
street rights-of-way, tax ditch easements, protected environmentally
sensitive land such as wetlands, and other publicly dedicated improvements,
such as parks, open space, and stormwater detention and retention
facilities.
NIT
A photometric unit of measurement referring to luminance.
One nit is equal to one cd/m2.
NONCONFORMING SIGN
A sign that was legally installed by permit in conformance
with all municipal sign regulations and ordinances in effect at the
time of its installation, but which no longer complies with subsequently
enacted laws and ordinances having jurisdiction relative to the sign.
NONCONFORMING USE
A continued and lawful use of property, including a sign
or signs lawfully installed, in accordance with laws or ordinances
then existing.
NONCONFORMITIES
Uses, structures, lots, or signs that were lawful prior to
the adoption, revision, or amendment of this chapter, but as a result
of the adoption, revision, or amendment of this chapter no longer
comply with the current provisions of this chapter.
NURSING AND SIMILAR CARE FACILITIES
A facility that offers any of the following types of care
or services and including, but not limited to, facilities regulated
by the State Department of Health and Social Services:
(1)
ASSISTED LIVING FACILITYResidences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication and may provide other services such as recreational activities, financial services, and transportation.
(2)
EXTENDED CARE FACILITYA long-term facility or distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
(3)
INTERMEDIATE CARE FACILITYA facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.
(4)
LONG-TERM CARE FACILITYAn institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its member by marriage, blood, or adoption.
(5)
OTHERIncluding family care homes, group homes, intermediate care facilities for persons with mental retardation, neighborhood group homes, family care homes, and rest residential facilities.
OFFICE
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files, and communications equipment.
OFF-STREET PARKING SPACE
A permanently reserved, temporary storage area for one motor
vehicle that is not located on, but is directly accessible to, a dedicated
street which affords ingress and egress for a motor vehicle.
ON-PREMISES SIGN
A sign erected, maintained, or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
ON-STREET PARKING SPACE
A temporary parking space for one motor vehicle that is located
within the street right-of-way.
OPEN SPACE, ACTIVE
Land set aside as a part of a development project that is
intended and designed to be used for active recreational activities.
Active open space must be free of wetlands or other site constraints
that would restrict the use and enjoyment of the open space by the
community. Active open space is often improved with playground equipment,
playing fields, walkways, and the like.
OPEN SPACE, PASSIVE
Land set aside as part of a development project that is intended
to be left in its natural state, and enjoyed for its aesthetic and
ecological values. Any public use of the passive open space should
be consistent with the preservation of ecological functions of the
open space.
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained, or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed. May also be referenced
as an "off-premises sign," "billboard," or "commercial outdoor advertising
sign."
PARAPET
The extension of a building facade above the line of the
structural roof.
PARKING AREA
That portion of a lot that is used by vehicles for access,
circulation, parking, drive-in windows, and loading and unloading.
It comprises the total of circulation areas, loading and unloading
areas, and parking areas (spaces and aisles).
PARKING AREA AISLES
That portion of the parking area consisting of lanes providing
access to parking spaces.
PARKING SPACE
A portion of the vehicle accommodation area set for the parking
of one vehicle.
PHARMACY
A building or structure that is intended to provide prescribed
and nonprescribed medication along with other items that can be used
for improving health and quality of life.
PLACE OF WORSHIP
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
POLE COVER or PYLON COVER
An enclosure designed to conceal poles and/or other structural
supports of a sign. See also "cladding."
POLITICAL SIGN
A temporary sign intended to advance a political statement,
cause, or candidate for office.
PORTABLE SIGN
Any sign not permanently attached to the ground and which
can be removed without the use of tools.
PORTICO
A covered walk or porch that is supported by columns or pillars;
also known as a "colonnade."
PREMISES
A lot, parcel, tract, or plot of land together with the buildings
and structures on it.
PRIVATE MEMBERSHIP CLUB
Any club or organization that does not permit the general
public to access its facilities or activities.
PROJECTING SIGN
A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. Refer also to §
440-173, Typical on-premises sign types, for a visual reference example.
PUBLIC BUILDING
A building owned or leased, occupied, and used by an agency
or political subdivision of the federal, state, county, or municipal
government.
PUBLIC SAFETY FACILITY
A building or structure used for the provision of public
safety services, such as fire protection, emergency medical service,
and rescue operations.
PUBLIC UTILITY SERVICE
The generation, transmission, and/or distribution of electricity,
gas, steam, communications, and water; the collection and treatment
of sewage and solid waste; and the provision of mass transit to the
public.
(2)
PUBLIC UTILITY SERVICE LINESThe system of lines, pipes, wires, or tracks that distributes, transmits, or provides a utility service. This includes equipment that is incidental and necessary to the lines and that is located on the lines.
QUOIN
An architectural detail at the external corner of a building,
including the stones used to form that corner. These stones are both
structural and decorative in that they often differ in jointing, color,
texture, or size from the masonry of the adjoining walls.
REAL ESTATE SIGN
A temporary sign advertising the sale, lease, or rental of
the property or premises upon which it is located.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities.
(2)
RECREATION FACILITY, PERSONALA recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
(3)
RECREATION FACILITY, PRIVATEA recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RECYCLING CENTERS AND PROCESSING FACILITIES
A facility used for the collection and processing of recyclable
materials, such as newspapers, magazines, cardboard, and other paper
products, glass, metal cans, and plastic containers or materials.
Processing includes the preparation of material for shipment, or an
end user's specification, by such means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, shredding, cleaning,
and remanufacturing. Processing facilities include storage and lading
areas on site, but do not include salvage yards or junk yards.
[Added 10-2-2017 by Ord.
No. 17-10]
REPAIR
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
RESTAURANT
A restaurant includes the following:
(1)
Establishments where food and drink are prepared, served, and
sold primarily for consumption within the principal building.
(2)
Establishments where food and/or beverages are sold in a form
ready for consumption, where all or a significant portion of the consumption
takes place or is designed to take place outside of the confines of
the restaurant, and where ordering and pickup of food may take place
from an automobile.
RETAIL FOOD ESTABLISHMENT
Establishments selling food or beverages for consumption
off-premises either immediately or with further preparation. Such
establishments may include, but not be limited to, grocery store,
bakery, candy store, butcher, delicatessen, convenience store, and
similar establishments.
RETAIL SALES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods. Characteristics of
such uses include:
(1)
Usually a business place engaged in activity to attract the
general public to buy.
(2)
Buys and receives as well as sells merchandise.
(3)
May process or manufacture some of its products, such as a jeweler
or a bakery, but processing is secondary to principal use.
(4)
Generally sells to customers for personal or household use.
REVOLVING SIGN
A sign that has the capability to revolve 360° about
an axis. See "animated sign, mechanically activated."
ROOF LINE
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost point of said facade
or parapet.
ROOF SIGN
A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs. Refer to §
440-175, Comparison: roof and wall sign distinctions, for visual reference examples of roof signs and comparison of differences between roof and fascia signs.
SAWMILL
A facility where logs or processed lumber are sawn, split,
shaved, stripped, chipped, grinded, or otherwise further processed
to produce lumber, wood shavings, wood chips, bedding or other wood
products.
[Added 10-2-2017 by Ord.
No. 17-10]
SCROLL
A mode of message transition on an electronic message sign
in which the message appears to move vertically across the display
surface.
SELF-STORAGE FACILITY
A structure containing separate, individual, and private
storage spaces of varying sizes leased or rented on an individual
basis for varying amounts of time.
SERVICES
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, businesses, industry, government,
and other enterprises, including hotels and other lodging places;
personal, business, repair, and amusement services; health, legal,
engineering, and other professional services; educational services;
membership organizations; and other miscellaneous services.
(1)
SERVICES, BUSINESSEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.
(2)
SERVICES, PERSONALEstablishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
(3)
SERVICES, PROFESSIONALEstablishments primarily engaged in rendering services to individuals, businesses, or organizations by someone trained and engaged in such work for a career (e.g., doctors, lawyers, engineers, accountants, architects), on a fee or contract basis, and predominately on the premises of the office.
(4)
SERVICES, RETAILEstablishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including hotels and motels, finance, real estate and insurance, personal service, motion pictures, amusement and recreation services, health, educational, and social services, museums, and galleries.
(5)
SERVICES, SOCIALEstablishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and physical disabilities.
SETBACK LINE
The line that is the required minimum distance from any lot
line and that establishes the area within which the principal structure
or an accessory structure must be placed. See also "yard."
SIGN
Any fabricated sign or outdoor display structure, including
its structure, consisting of any letter, figure, character, symbol,
mark, point, plane, marquee sign, design, poster, pictorial, picture,
stoke, stripe, line, trademark, reading matter or illuminating device,
constructed, attached, erected, fastened, or manufactured in any manner
whatsoever so that the same shall be used for the attraction of the
public to any place, subject, person, firm, corporation, public performance,
article, machine, or merchandise whatsoever, and displayed in any
manner outdoors for advertising purposes.
SIGN AREA
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple sided signs shall be computed as 50% of the sum of the area of all faces of the sign. See §
440-174, Sign area computational methodology/ground signs, for computational methodology for various sign area configurations.
SIGN COPY
The physical sign message, including any words, letters,
numbers, pictures, and symbols.
SIGN FACE
The surface upon, against, or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Refer to §
440-174, Sign area computational methodology/ground signs, for sign face computational illustrations.
(1)
In the case of panel or cabinet type signs, the sign face shall
include the entire area of the sign panel, cabinet, or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
(2)
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
(3)
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
SIGN, TEMPORARY
An on-premises sign intended to display either commercial
or noncommercial messages of a transitory or temporary nature, such
as, but not limited to, sales, specials, promotions, holidays, auctions,
business grand openings, and signs advertising the sale, lease, or
vacancy of residential units. Any signs not permanently embedded in
the ground, or not permanently affixed to a building or sign structure
that is permanently embedded in the ground, are considered temporary
signs. Symbols, figures, balloons, and other similar items shall be
considered temporary signs.
SILL
The bottom horizontal member of a wall or building to which
vertical members are attached.
SITE
The ground area legally designated as a zoning lot, which
may be categorized as a permanent parcel (a lot of record), multiple
lots of record, or a portion of a lot of record.
SPECIAL EVENT SIGN
A temporary sign pertaining to any civic, patriotic, or special
event of general public interest.
STATE
The State of Delaware.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it. A basement shall be counted as a story for the purpose
of height measurement if its ceiling is over five feet above the level
from which the height of the building is measured or if it is used
for business purposes other than storage.
STREET
Any vehicular way that: 1) is an existing state, county,
or municipal roadway; 2) is shown upon an approved plat; 3) is approved
by other official action; or 4) is shown on a plat duly filed and
recorded in the Office of the Recorder of Deeds prior to the appointment
of the Planning Commission and the grant of power to review plats.
A street includes the land between the right-of-way lines, whether
improved or unimproved.
STREET, ACCESS
A street designed to provide vehicular access to abutting
property and to discourage through traffic.
STREET, ALLEY
A service roadway providing a secondary means of public access
to abutting property and not intended for general traffic circulation.
STREET, ARTERIAL
A street which is used primarily for fast-moving or heavy
volumes of traffic.
STREET, BOULEVARD
A street designed to carry heavy volumes of traffic from
collector streets to local streets. This road serves access to over
300 dwelling units (over 3,001 ADT).
STREET, CENTER LINE OF
The center line of any street shown on any official municipal,
county, or state records.
STREET, COLLECTOR
A street designed to carry moderate volumes of traffic from
local residential streets to local streets or commercial/mixed-use
area boulevards or from local streets to local streets. A residential
collector street shall be used for streets serving access to 50 to
300 dwelling units (501 to 3,000 ADT).
STREET, CUL-DE-SAC
A street with a single common ingress and egress with a turnaround
at the end.
STREET LINE
The line between a lot, tract, or parcel of land and an adjacent
street.
STREET, LOCAL
A state-maintained road identified on DelDOT's Functional
Classification Map.
STREET, LOCAL RESIDENTIAL
A street designed to carry low volumes of traffic and which
provides primary access to individual residential properties in residential
neighborhood areas. A local residential street shall be used for streets
serving access to fewer than 50 dwelling units (500 ADT or less).
STREET, PRIVATE
A street that has not been dedicated to the municipality
or the state.
STREET, SERVICE
A street running parallel to a freeway or an expressway that
serves abutting properties, but restricts access to the freeway or
expressway.
STRINGCOURSE
A decorative horizontal band on the exterior wall of a building.
Such a band, either plain or molded, is usually formed of brick or
stone.
STRUCTURE
A combination of materials to form a construction for use,
occupancy, or ornamentation whether installed on, above, or below
the surface of land or water.
SUPERMARKET
A retail establishment primarily selling food and other convenience
and household goods.
SURGICAL CENTER
A facility where outpatients come for simple surgical procedures
and are not lodged overnight.
SWIMMING POOL
Any structure intended for swimming, recreational bathing,
or wading that contains water over 24 inches (610 mm) deep. This includes
in-ground, above-ground, and on-ground pools; hot tubs; spas; and
fixed-in-place wading pools.
TRADITIONAL NEIGHBORHOOD
A compact, mixed-use neighborhood where residential, commercial,
and civic buildings are within close proximity to each other.
TRANSIT FACILITY
Any structure that is primarily used, as part of a transit
system, for the purpose of loading, unloading, or transferring passengers.
TRANSITION
A visual effect used on an electronic message sign to change
from one message to another.
TRAVEL
A mode of message transition on an electronic message sign
in which the message appears to move horizontally across the display
surface.
TRELLIS
An architectural feature, typically a panel with crossbarred
work or latticework that lets light pass through, which is affixed
to a roof or exterior walls of a building. A trellis helps identify
a building entry, adds architectural interest to a building facade,
and can provide cover from the elements.
USE
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
(1)
USE, ACCESSORYA use of land or a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
VARIANCE
Permission to depart from the literal requirements of this
chapter.
V SIGN
A sign containing two faces of equal size, positioned at
an interior angle subtending less than 179° at the point of juncture
of the individual faces.
WALL OR FASCIA SIGN
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall; also includes signs affixed to architectural projections that project from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Refer also to §
440-173, Typical on-premises sign types, and §
440-175, Comparison: roof and wall sign distinctions, for visual reference examples and comparison examples of differences between wall or fascia signs and roof signs.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WATERWAY
Any body of water, including any creek, canal, river, or
any other body of water, natural or artificial, except a swimming
pool or ornamental pool located on a single lot.
WAYFINDING SIGN
A sign, frequently off-premises, specifically designed to
provide directional or destination information.
WETLAND
Those areas of land which fall within the definition of "wetlands"
currently used by the U.S. Army Corps of Engineers, or those adopted
by the State of Delaware in accordance with the Army Corps of Engineers;
or areas that are defined and delineated in accordance with the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands" dated
January 10, 1989, and as amended.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
WINDOW SIGN
A sign affixed to the surface of a window with its message
intended to be visible to the exterior environment.
WINERY
An agricultural processing facility used for the commercial
processing of grapes and other fruits into wine, or the processing
of still wine into sparkling wine. Processing includes crushing, fermenting,
blending, aging, storage, and bottling. Retail and wholesale sales
are only permitted for beverages produced on the premises.
[Added 10-2-2017 by Ord.
No. 17-10]
YARD
An open space that lies between the principal building or
buildings and the nearest lot line. See also "lot."
[Amended 6-27-2016 by Ord. No. 16-08]
(1)
YARD, FRONTA space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building to the closest point of the front lot line.
(2)
YARD, REARA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
(3)
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
ZONE
A specifically delineated area in the municipality within
which uniform regulations and requirements govern the use, placement,
spacing, and size of land and buildings.