A.
The following rules of construction of language shall
apply to the text of this chapter:
(1)
Words used in the present tense include the future
tense.
(2)
Words used in the singular include the plural, and
words used in the plural include the singular.
(3)
Words used in the masculine form shall also include
the feminine.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The word "person" includes an individual, trust, artificial
entity, firm or corporation.
[Amended 1-9-2023 by Ord. No. 2022-008]
(6)
The word "shall" is always mandatory; the word "may"
is always permissive.
(7)
The words "used" or "occupied" as applied to any land
or building shall be interpreted to include the words "intended, arranged
or designed to be used or occupied."
(8)
A "building" or "structure" includes any part thereof.
(9)
The phrases "to erect," "to construct," and "to build"
a building each have the same meaning and include to excavate for
a building and to relocate a building by moving it from one location
to another.
B.
If any section, paragraph, subdivision, or provision
of this chapter shall be held invalid, such invalidity shall apply
only to the section, paragraph, subdivision, or provision judged invalid,
and the rest of this chapter shall remain valid and effective.
C.
Wherever possible this chapter shall be interpreted
in such a way that the meaning of the words and phrases and sections
herein shall make them valid and legal in their effect.
D.
This chapter is not intended to abrogate or annul
any easement, covenant, or any other private agreement. Such private
agreements shall not allow what this chapter prohibits.
E.
Whenever the requirements of this chapter are at variance
with the requirements of other fully adopted rules, regulations or
ordinances, the ordinance with the most restrictive provisions or
those imposing the higher standards shall govern.
The following words or phrases, as used in this
chapter, are defined as follows:
To cease or discontinue a use or activity for at least one
year.
A structure subordinate to a principal structure on the same
lot and used for purposes customarily incidental to those of the principal
structure. Accessory structures include but are not limited to portable,
demountable or permanent enclosures, shade structures, carports, above-
and below-ground swimming pools, garages and storage sheds.
A use customarily incidental and subordinate to the principal
use or occupancy of a building and located on the same lot with such
principal use or building.
A family-type home for adults, a shelter for adults, a residence
for adults or an adult home that provides temporary or long-term residential
care and services to adults.
[Amended 1-9-2023 by Ord. No. 2022-008]
The sum of two or more designated areas or widths to be measured,
limited, or determined under the provisions of this chapter.
The raising of horticultural products only.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities of such building
or structure, or any enlargement thereof, whether by extension on
any side, front or rear or by any increase in height, or the moving
of such building or structure from one location to another. "Alteration"
also means any appreciable change in the external architectural features
of any structure or building, which is visible from adjoining property,
and is equal to or exceeds 15% of the current market value of the
building or structure.
[Amended 1-9-2023 by Ord. No. 2022-008]
A continuous commercial use where four or more mechanical,
electrical or electronic machines or devices are used or designed
to be operated for entertainment or as a game, and either activated
by the insertion of a coin, token, or other form of payment.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Any antenna not attached to a tower and not extending more
than 40 feet above the ground and may be approved as an accessory
use to any single-family home or commercial, industrial, professional,
light industry, or multifamily structure.
[Amended 1-9-2023 by Ord. No. 2022-008]
See "DWELLING UNIT."
[Amended 1-9-2023 by Ord. No. 2022-008]
A landowner or developer, as hereinafter defined, who has
filed application for development, including their heirs, successors
and assigns.
[Amended 1-9-2023 by Ord. No. 2022-008]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of terraces and uncovered steps. All dimensions shall be
measured between the exterior faces of walls.
The total area within the lot boundary lines excluding any
area included in a public street right-of-way.
That space of building between the top of the uppermost floor
construction immediately below and wholly or partly within the roof
framing and that is not finished as habitable space. (See also "STORY,
HALF.")
[Amended 1-9-2023 by Ord. No. 2022-008]
A business establishment licensed by the State of Delaware
to serve alcoholic beverages and which establishment is designed primarily
for the consumption of such alcoholic beverages on the premises, irrespective
of whether or not food and/or entertainment are also provided as accessory
uses.
The base flood, in accordance with the regulations established
by the Federal Emergency Management Agency (FEMA) for the National
Flood Insurance Program (NFIP), is the flood having a 1% chance of
being equaled or exceeded in any given year. The term "base flood"
has the same meaning as the 100-year flood under the regulations of
the NFIP.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any space of a building that is partly below finished grade,
but having more than 1/2 of its height measured from floor to ceiling
above average finished grade. (See also "CELLAR.")
[Amended 1-9-2023 by Ord. No. 2022-008]
A single-family, owner-occupied dwelling that is used for
lodging for up to six transient guests at any one time, none of who
remain for more than five consecutive nights each, and provides no
food or beverage service for the transient guest other than for breakfast
provided in the areas of the dwelling generally utilized by the resident
family for the consumption of food.
[Amended 1-9-2023 by Ord. No. 2022-008]
A bed-and-breakfast room for guests.
[Added 1-9-2023 by Ord. No. 2022-008]
An outdoor sign that communicates a commercial or noncommercial
message related to an activity conducted, a service rendered or a
commodity sold at a location other than the location of the sign.
[Amended 1-9-2023 by Ord. No. 2022-008[2]]
An area of land forming a visual and/or physical separation
or barrier between two uses, typically between the property line and
the building setback line, or an area within a defined easement. In
the case of a visual barrier the land shall be covered with a mix
of coniferous and evergreen plantings, installed at a minimum of five
feet in height, or man-made material, such as a privacy fence, to
provide a physical screen limiting visual access and reducing noise.
[Amended 1-9-2023 by Ord. No. 2022-008]
The area of that part of the lot not included within the
yards or open spaces herein required.
The width of that part of a lot not included within the yards
or open spaces herein required.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any structure wholly or partially enclosed within exterior
walls, permanently affixed to the land, having one or more floors
and a roof, and is intended for the shelter, housing or enclosure
of persons, animals or chattel.
[Amended 1-9-2023 by Ord. No. 2022-008[3]]
The vertical distance measured from the average elevation
of the proposed or existing finished grade to the highest point of
the roof for flat roofs, to the deck of mansard roofs, or to the mean
height between eaves and ridge for gable, hip and gambrel roofs.
[Amended 1-9-2023 by Ord. No. 2022-008]
The line, established by statute, local law or ordinance,
beyond which the exterior surface of a building on any side shall
not extend. In the instance of a cantilevered section of a building
or projected roof or porch, said line shall coincide with the most
projected surface. (See also "SETBACK.")
[Amended 1-9-2023 by Ord. No. 2022-008]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
A term to describe the size, volume, area, and shape of buildings
and structures, and the physical relationship of their exterior walls
or their location to lot lines, other buildings and structures, or
other walls of the same building; and all open spaces required in
connection with a building, other structure, or tract of land.
A detachable, roof-like cover, supported from the ground,
or deck, floor, or walls or a building, for protection from sun or
weather.
A building, premises or portions thereof where automobiles
and other vehicles are washed either by the patron or others either
by hand or using machinery and mechanical devices specifically designed
for this purpose.
Any space in a building where the structural ceiling level
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. (See also "BASEMENT.")
[Amended 1-9-2023 by Ord. No. 2022-008]
A certificate issued by the Code Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this chapter and such adjustments thereto
granted by the Board of Adjustment.
A structure changing its existing and/or last-known occupied
use to a permitted use in the same zoning district.
[Added 10-5-2009]
Unique attributes or qualities of a property.
Any building or structure operated for the purpose of providing
daytime care and instruction for two or more children on a regular
schedule and also known as a “day-care center.” (See also
"DAY CARE.")
[Amended 1-9-2023 by Ord. No. 2022-008]
A building or portion thereof designed for, constructed or
under construction or alteration for, or used by two or more physicians,
surgeons, dentists, psychiatrists, physiotherapists, or practitioners
in related specialties, or a combination of persons in these professions,
but not including lodging or patients overnight.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided they are not
conducted as vending stands, merchandising or commercial activities,
except as required generally for the membership and purposes of such
club.
A subdivision technique in which detached dwelling units
are grouped relatively close together, leaving open spaces as common
areas.
The Town official in charge of enforcement of the Zoning
Ordinance. The Code Enforcement Officer is the person appointed for
this purpose by the Town Council or its designee.
A vehicle of a type required to be registered under Title
21 of the Delaware State Code and designed, used or maintained for
the transportation of persons or property for hire, compensation or
profit, except taxicabs.
A use that is desirable for the general convenience and welfare
but, because of its nature, requires additional review to assess the
impact on neighboring properties and the zoning district where the
use will be permitted.
[Amended 1-9-2023 by Ord. No. 2022-008]
A building or group of buildings where residential, commercial
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
basis.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any space, whether inside or outside a building, used for
the storage or keeping of equipment, machinery, or vehicles, or parts
thereof, that are in active use by a contractor.
[Amended 1-9-2023 by Ord. No. 2022-008]
See "NURSING HOME."
[Amended 1-9-2023 by Ord. No. 2022-008]
A commercial retail use that combines the sale of beverages,
dairy and baked goods, snack foods, prepackaged grocery items and
daily household items and which may also be accompanied by the sale
of motor vehicle fuel and accessory substances for automobiles and
other vehicles.
[Amended 1-9-2023 by Ord. No. 2022-008]
An open space enclosed on all sides by exterior walls of
a building.
Depth of the average dimension from the open side of the
court to the opposite wall; width of the average dimension between
the opposite sides of the court.
[Amended 12-7-2009 by Ord. No. 2009-001]
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
An establishment providing for the care, supervision and
protection of children or adults away from their homes. Service is
provided on a regular basis for periods of less than 24 hours per
day, unattended by parent or guardian and for compensation.
A home occupation providing care, protection, supervision
and guidance in private homes for one to six children or adults, excluding
care provided by relatives. Service is provided on a regular basis
for periods of less than 24 hours per day, unattended by parent or
guardian and for compensation.
[Amended 1-9-2023 by Ord. No. 2022-008]
An unroofed platform above grade level that is freestanding
or attached to a structure.
[Added 1-9-2023 by Ord. No. 2022-008]
Any landowner or agent, or such landowner, who makes or causes
to be made an application for approval of a site development plan.
The improvement of one or more parcels of land for residential,
commercial or industrial structures or groups of structures involving
the division or allocation of land for the opening, widening or extension
or any street or streets or the division or allocation of land as
open spaces for common use by owners, occupants or lease holders or
as easements for the extension and maintenance of public sewer, water
supply, storm drainage or other public facilities.
The percent of a site that is covered with impervious surfaces.
"Development coverage" shall include, but not be limited to, off-street
parking, driveways and any public streets proposed in a site development
plan.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any earthen levy or embankment, concrete flood wall, steel
wall or embankment, wall or levy of similar materials that is constructed
for the purpose of flood control along the edge of a natural waterway
subject to flooding, including the entire area within any permanent
easement granted for this purpose.
[Amended 1-9-2023 by Ord. No. 2022-008]
That portion of the Town where specific uses are permitted according to the designation applied thereto in Article III and in conformity with the provisions of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
A building primarily used for the storage of marine vehicles
and related marine equipment. Such a building shall be built over
water and on pilings, and the buildings may have walls, windows, doors,
with a roof enclosing the storage space for boats. Part of the building
may be rest room and shower facilities; provided, however, that such
rest room and facilities receive their water supply from and discharge
their waste into the sanitary sewer system. Such building shall not
contain any sleeping facilities.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any commercial or business activity that incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carry-out service.
[Amended 1-9-2023 by Ord. No. 2022-008]
A private road that connects a house, garage, or other building
to a street.
A lot or land used primarily for the disposal by abandonment,
burial, burning or any other means and for whatever purpose of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof, or waste materials of any kind.
A building designed or used principally as the living quarters
for one or more families in one or more dwelling units.
A building containing only one dwelling unit and having two
side yards. This term shall not be deemed to include motel, hotel,
or other accommodations used for transient occupancy.
[Amended 1-9-2023 by Ord. No. 2022-008]
A building containing two dwelling units that share a party
wall with each unit having one side yard. This term shall not be deemed
to include motel, hotel, or other accommodations used for transient
occupancy.
[Amended 1-9-2023 by Ord. No. 2022-008]
See "CLUSTER HOUSING."
[Amended 1-9-2023 by Ord. No. 2022-008]
A building containing three or more dwelling units with shared
or individual entrances and/or other public utility services. This
term shall not be deemed to include motel, hotel, or other accommodations
used for transient occupancy.
[Amended 1-9-2023 by Ord. No. 2022-008]
One room or several rooms connected together, consisting
of a separate, independent familial or household occupancy (owner
occupancy, rental or lease), and containing independent cooking, living,
sanitary and sleeping facilities.
[Amended 1-9-2023 by Ord. No. 2022-008[4]]
The equipment that connects an external source of electricity
to recharge the internal battery of a motor vehicle that uses one
or more electric motors for propulsion and is powered through an internal
battery that is charged using an external electricity source.
[Added 1-9-2023 by Ord. No. 2022-008]
The face or front of a structure or any vertical surface
adjacent to a public way.
A dwelling unit constructed off site, consisting of one or
more segments and designed to be permanently anchored to and supported
by a permanent foundation, to become a fixed part of the real estate.
Such dwelling unit shall bear an insignia of approval issued by the
State of Delaware.
A single person occupying a dwelling unit and maintaining
a household, or two or more persons related by blood or marriage or
adoption occupying a dwelling unit, living together and maintaining
a common household, or not more than three unrelated persons occupying
a dwelling unit and maintaining a common household.
An artificially constructed barrier of wood, vinyl, masonry,
stone, metal or any other permitted manufactured material or combination
of materials erected for the enclosure of yard areas.
[Amended 1-9-2023 by Ord. No. 2022-008]
The elevation where the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade in computing height of buildings and other structures or for
other purposes shall be the average elevation of all finished grade
elevations around the periphery of the building.
[Amended 1-9-2023 by Ord. No. 2022-008]
Areas subject to flood hazard, including alluvium soils,
as defined and mapped by the Federal Insurance Administration and
the Department of Housing and Urban Development.
[Added 1-9-2023 by Ord. No. 2022-008]
The lowlands adjoining the channel of a river, stream or
watercourse, lake or other body of standing water that have been or
may be inundated by floodwater. The channel of a stream or watercourse
is a part of the floodplain in accordance with the National Flood
Insurance Program (NFIP) as administered by the Federal Emergency
Management Agency (FEMA).
[Amended 1-9-2023 by Ord. No. 2022-008]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated
height, in accordance with the National Flood Insurance Program (NFIP)
as administered by the Federal Emergency Management Agency (FEMA).
Also referred to as "regulatory floodway."
[Amended 1-9-2023 by Ord. No. 2022-008]
The sum of gross horizontal areas of the several floors of
the building or buildings or a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
The distance where the front boundary line of the lot and
the street line are coincident.
[Amended 1-9-2023 by Ord. No. 2022-008]
All of the property on one side of a street between two intersecting
streets (crossing or terminating), measured along the line of the
street is dead-ended, then all of the property abutting on one side
between an intersecting street and the dead-end of the street.
A building or part thereof used for human funeral services,
including chapels, embalming, autopsies, storage of caskets, funeral
urns and other related funeral supplies, and the storage of funeral
vehicles, but does not include facilities for cremation.
A garage used for storage purposes only and having a capacity
of not more than four parking spaces. Space therein may be used for
not more than one commercial vehicle, and that commercial vehicle
may not exceed one ton capacity.
[Amended 1-9-2023 by Ord. No. 2022-008]
A building or premises used for the repair of motor vehicles,
including painting, detailing, cleaning and the sale of related parts
and accessories. A junkyard or auto salvage yard is not to be construed
to mean or be the same as a garage.
An area of land, including structures thereon, or any building
or part thereof, that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, that may include as accessory
uses sale of motor vehicle accessories, and that may or may not include
facilities for lubricating, washing (that does not require mechanical
equipment) or otherwise servicing motor vehicles, but not including
auto body work, welding, or painting.
[Amended 1-9-2023 by Ord. No. 2022-008]
A freestanding, roofed, accessory structure open on its sides.
Areas of the building above four feet may consist of either windows
or screening, except that portion of the structure that houses rest
room or shower facilities. A gazebo may contain rest room facilities
and shower facilities; provided, however, that the water source and
discharge or liquid waste shall be connected to the public utility
water and sanitary sewer systems. The structure shall not contain
sleeping facilities.
[Amended 1-9-2023 by Ord. No. 2022-008]
A nonretail service-oriented office or agency such as insurance
brokers, travel agents, computer programming, consulting organizations,
or similar uses.
[Added 1-9-2023 by Ord. No. 2022-008]
Grade elevation shall be determined by averaging the elevations
of the finished ground at all corners and/or other principal points
in the perimeter wall of the building; except that grade elevation
for any building that is required to be elevated shall be measured
from the minimum elevation required for the site by the flood zone.
[Amended 1-9-2023 by Ord. No. 2022-008]
A structure where temperature and humidity can be controlled
for the cultivation or protection of plants.
[Amended 1-9-2023 by Ord. No. 2022-008]
The total floor area designed for tenant occupancy and exclusive
use, including basement, mezzanines and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
The number of dwelling units per acre in a proposed development,
computed by dividing the number of dwelling units that the applicant
proposes to construct by the total number of acres in the site proposed
for development.
[Amended 1-9-2023 by Ord. No. 2022-008]
Living quarters within a detached accessory building located
on the same premises with the main building for use by temporary guests
of the occupants of the premises, such quarters having no kitchen
facilities or separate utility meters, and not rented or otherwise
used as a separate dwelling.[5]
Area subject to flood hazard, including alluvium soils, as
defined and mapped by the Federal Insurance Administration of the
Department of Housing and Urban Development.
The vertical distance measured from grade, the average of
the finished ground level adjoining the building at the side facing
the nearest street to the highest point of the coping of the highest
flat roof if the building has more than one flat roof level, or to
the highest point of a mansard, gable, hip or gambrel roof building.
Chimneys, spires, towers, elevators, penthouses, tanks and other similar
projections shall not be included in calculating the height.
Any occupation, profession, enterprise or activity
conducted solely by one or more members of a family on the premises,
which is incidental and secondary to the use of the premises for dwelling,
provided that no commodity is stored or sold, except such as it is
made on the premises, and there shall be no group instruction, assembly
or activity and no outside storage or display material on the premises.
Within the above requirement, a home occupation includes but is not
limited to the following:
Studio for an artist, sculptor, musician, photographer,
or author.
[Amended 1-9-2023 by Ord. No. 2022-008]
The practice of cosmetology or barbering, limited
to one chair.
Dressmaking, custom baking, day care or baby-sitting.
Professional offices such as for a physician,
dentist, lawyer, engineer, architect, accountant or salesperson.
[Amended 1-9-2023 by Ord. No. 2022-008]
Private instruction, including music, dance,
art and craft classes, and tutoring, and limited to one or two pupils
at a time.
[Amended 1-9-2023 by Ord. No. 2022-008]
A home occupation, however, shall not be interpreted
to include nursing homes, convalescent homes, rest homes, restaurants,
tearooms, tourist homes, or similar establishments.
An institution for the care and treatment of the sick and
injured, equipped with technical facilities, medical, nursing and
other professional and technical personnel necessary for diagnosis
and treatment of persons suffering from sickness or injury that requires
bed care, out-patient care or emergency room care.
[Amended 1-9-2023 by Ord. No. 2022-008]
A building, or any part thereof, that contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and which may or may not include dining facilities.
This term shall not be deemed to include an inn, bed-and-breakfast,
boardinghouse, or other such accommodations.
[Amended 1-9-2023 by Ord. No. 2022-008[6]]
Those that do not absorb moisture. All buildings, parking
areas, driveways, roads, sidewalks, and any areas in concrete or asphalt
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the Engineer of the Town of Milton
to be impervious within the meaning of this definition will also be
classed as impervious surfaces.
[Amended 1-9-2023 by Ord. No. 2022-008]
A planned, coordinated development of a tract of land with
two or more separate parcels or lots for industrial, business or mixed
industrial/business development.
[Amended 1-9-2023 by Ord. No. 2022-008[7]]
A building containing a single dwelling unit where more than
four and less than 15 sleeping rooms are provided by the owner/occupant
for compensation, for the accommodation of transient guests, with
or without meals.
[Amended 1-9-2023 by Ord. No. 2022-008]
The outdoor storage or deposit of any of the following shall
constitute junk:
One or more abandoned or inoperable vehicles.
[Amended 1-9-2023 by Ord. No. 2022-008]
One or more abandoned or inoperable mobile homes.
[Amended 1-9-2023 by Ord. No. 2022-008]
One or more abandoned or inoperable appliances
including but not limited to washers, dryers, dishwashers, stoves,
refrigerators, freezers and televisions.
One or more abandoned or irreparably damaged
pieces of indoor furniture, including but not limited to sofas, lounge
chairs, mattresses, bed frames, desks, tables, chairs and chests of
drawers.
One or more used parts or waste materials from
motor vehicles, which remain outdoors in excess of three months or
more.
Any combination of the above or parts of the
above that total one or more items.
A structure, transportable in one or more sections, built
on a permanent chassis and designed to be used as a dwelling unit,
that is currently not inhabited and is no longer habitable under the
Town Code of Milton; includes but is not limited to mobile homes,
travel trailers and campers.
[Amended 1-9-2023 by Ord. No. 2022-008]
One or more motor vehicles that are unregistered for a period
in excess of three months and not in any condition for legal use upon
the public highways or in any such condition as to cost more to repair
to operating condition than its reasonable market value at the time
before such repair.
[Amended 1-9-2023 by Ord. No. 2022-008]
One or more recreational vehicles (i.e., including but not limited
to snowmobiles, ATVs, motorcycles, boats) not in operable condition
and or in such condition as to cost more to repair to operating condition
than its reasonable market value at the time before such repair and
is in such condition in excess of three months
Any lot, parcel of land or structure, or part thereof, where
junk, waste, discarded or salvaged materials are bought, sold, exchanged,
sorted, baled, packed, disassembled, handled, stored or abandoned,
including automobile or other vehicle or machinery, wrecking or dismantling
yards; or where any unregistered motor vehicle is held outside of
a completely enclosed building, whether for the purpose of resale
or sale of used parts therefrom, for the purpose of reclaiming for
use some or all the materials therein, or for the purpose of storage
or disposing of the same for any other purpose. A junkyard includes
the outdoor storage or deposit of any of the following:
[Amended 1-9-2023 by Ord. No. 2022-008]
A structure used for the keeping of domestic animals for
sale, breeding, boarding or treatment purposes.
[Amended 1-9-2023 by Ord. No. 2022-008]
Natural or artificial bodies of water that retain water year
round. Artificial ponds may be created by dams or may result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than the permanent pool, if there is
any difference.
[Amended 1-9-2023 by Ord. No. 2022-008]
A business that provides washing, drying, and/or ironing
machines or drying machines for hire to be used by customers on the
premises.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
[Added 1-9-2023 by Ord. No. 2022-008]
Accommodations, including but not limited to facilities for
cooking, sleeping and disposal of human waste, or any combination
thereof.
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
width of 12 feet, and a vertical clearance of at least 14 feet.[8]
See "boardinghouse."
A contiguous parcel of land considered as a unit, devoted
to a specific use or occupied by a building or a group of buildings
that are united by a common interest, use or ownership, and the customary
accessories and open spaces belonging to the same and which abuts
and is accessible from a private or public street.
A lot situated at the junction of and adjacent to two or
more intersecting streets or alleys, when the interior angle of intersection
does not exceed 135°.
See "COVERAGE."
[Amended 1-9-2023 by Ord. No. 2022-008]
The mean distance from the front street line of a lot to
its rear line.
A lot line that is coincident with the right-of-way line
of a public road.
[Amended 1-9-2023 by Ord. No. 2022-008]
The lines bounding a lot as defined herein.
A lot that faces on two streets at opposite ends of the lot
and which is not a corner lot.
[Amended 1-9-2023 by Ord. No. 2022-008]
The shortest horizontal distance between the side lot lines
measured at the required building setback line. If the angle, between
the front and sidelines is less than 90°, the lot width shall
be measured from side to side of right angle to the length of the
setback line.
The largest area found by the projection of a horizontal
plane through the livable floor area, which is enclosed by the exterior
walls of the building.
A structure, transportable in one or more sections, that,
in the traveling mode, is eight body feet or more in width and 40
body feet or more in length or when erected on site is 300 or more
square feet, that is built on a permanent chassis and designed to
be used as a dwelling with a permanent foundation, when connected
to the required utilities, and that includes the plumbing, heating,
air conditioning, and electrical systems contained therein.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any process whereby the nature, size or shape of articles
is assembled or packaged in quantity.
A place where medical or dental care is furnished to persons
on an out-patient basis by multiple medical professionals who have
common offices in a building and also offers laboratory and diagnostic
facilities to patients on an out-patient basis and not just in conjunction
with normal professional services.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any use involving the process or business of extracting ore,
minerals, soils, or other natural resources from the earth.
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space, and is offered for
rental and use principally by motor vehicle travelers. The term "motel"
includes, but is not limited to, every type of similar establishment
known variously as an auto court, motor hotel, motor court, motor
inn, motor lodge, tourist court, tourist cabins, or roadside hotel.
That part of a building, other structure or tract of land
that does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendment thereto.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any use of a building, other structure, or tract of land
that does not conform to the use regulations for the district where
such use is located, either at the effective date of this chapter
or as a result of subsequent amendment thereto.
[Amended 1-9-2023 by Ord. No. 2022-008]
One or more commercial uses proposed as a unit or one or more industrial uses proposed as a unit, in conformance with Article VII.
Any place, however designated, operated for the purpose of
providing both daytime care and instruction for two or more children
from two to five years of age, inclusive, and operated for compensation
on a regular basis, including kindergartens, day nurseries, and day-care
centers.
A building containing accommodations for persons where nursing
and convalescent services including meals are furnished.
The map of zoning districts as described in § 220-10.
[Added 1-9-2023 by Ord. No. 2022-008]
An undeveloped area without principal or accessory structures
and is intended to provide light and air and is designed for either
environmental, scenic or recreational purposes. Open space includes
buffers or other landscaped common areas, preservation of existing
natural areas, walkways, active and passive recreation areas, playgrounds,
and stormwater management facilities. Open space shall not be deemed
to include driveways, roadways, or parking areas.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any person or legal entity possessing a fee simple interest
in property.
Any tract of privately owned land that is used for the storage
of motor vehicles and is not accessory to any other use on the same
or any other lot, and contains parking space rented to the general
public or reserved for a group of individuals by the hour, day, week,
month or year.
[Amended 1-9-2023 by Ord. No. 2022-008]
Any tract of privately owned land that is used for storage
of motor vehicles and is accessory to a use on the same parcel or
lot or on another parcel or lot and contains parking spaces reserved
or leased in some manner for that principal use and not available
to the general public.
[Amended 1-9-2023 by Ord. No. 2022-008]
An off-street parking area used for storage of motor vehicles
by the public, with or without a fee, for temporary, daily or overnight
parking.
[Amended 1-9-2023 by Ord. No. 2022-008]
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
Any structure where motor vehicles may be parked or stored
that is not accessory to any other use on the same lot, and contains
parking spaces rented to the general public or reserved for a group
of individuals by the hour, day, week, month or year.
[Amended 1-9-2023 by Ord. No. 2022-008]
A wall built along the line separating two properties, partly
on each parcel. Either owner has the right to use the wall and has
an easement over that part of the adjoining owner's land covered by
the wall.
A horizontal flat surface not higher than grade level constructed
of natural or synthetic materials.
[Added 1-9-2023 by Ord. No. 2022-008]
A natural person, a partnership, a corporation, a limited
partnership, a trust, a joint-stock company, a voluntary association,
a club, a society or any group of persons acting as a unit.
A commercial operation, office, store or other place of business
catering to the personal needs of a customer, such as normally conducted
by a beautician, tailor or dressmaker.
A building or premises used for regular public worship by
members or representatives of a religious organization as defined
by state statute.
[Amended 1-9-2023 by Ord. No. 2022-008]
A flat horizontal surface constructed of natural or synthetic
materials.
[Added 1-9-2023 by Ord. No. 2022-008]
A lot together with all the buildings and uses thereon.
An office principally occupied by a licensed professional
such as a physician, dentist, lawyer, engineer, architect, accountant,
insurance or real estate agent, or similar occupation.
Open to common use whether or not public ownership is involved.
The erection, construction, alteration, maintenance or operation
by utility companies, or public safety companies or agencies, of underground,
surface or overhead gas, electrical, steam, wastewater, stormwater
or water transmission systems, including but not limited to poles,
wires, mains, drains, sewers, pipes, conduits, cables, communication
lines, fire alarm boxes, police call boxes, traffic signals, light
stations, telephone lines, hydrants, pumping stations and other similar
equipment, structures and accessories thereto, reasonably necessary
for the furnishing of services by such companies or agencies or for
the public health, safety or general welfare.
[Amended 7-6-2020 by Ord.
No. 2020-002; 1-9-2023 by Ord. No. 2022-008]
Any use or structure associated with providing public utility
services.
[Added 1-9-2023 by Ord. No. 2022-008]
Uses designed as recreational activities operated by private
businesses for profit, including privately operated amusement parks
or rides, games, miniature golf courses and similar uses.
A device with the sole purpose of increasing the solar radiation
received by a solar collector.
[Amended 1-9-2023 by Ord. No. 2022-008]
A use by a registered compassion center, as defined in 16
Del. C. § 4902A.
[Added 1-9-2023 by Ord. No. 2022-008]
The whole body of regulations, text, charts, tables, diagrams,
maps, notations, references, and symbols, contained or referred to
in this chapter.
The act or process of returning a building, object, site,
or structure to a state of utility through repair, remodeling or alteration
that enables an efficient contemporary use while preserving those
portions or features of the building, object, site or structure that
are significant to its historical, architectural and cultural values.[9]
A store or other place of business at which is conducted
the repair of personal customer items, such as shoes, clothing, jewelry,
etc.
An establishment where most customers order and are served
their food at a counter or in a motor vehicle in packages prepared
to leave the premises or are able to be taken to a table or counter
to be consumed on-premises.
[Amended 1-9-2023 by Ord. No. 2022-008]
An establishment, typically sit-down and full-service, where
a typical customer may wait to be seated and stays approximately one
hour or less, is moderately priced, and normally belongs to a restaurant
chain that typically serves lunch or dinner but may be open for breakfast.
High turnover restaurants include fast-food restaurants.
[Added 1-9-2023 by Ord. No. 2022-008]
An establishment, however designated but not a high turnover
restaurant, whose primary use is preparation and sale of food for
consumption to patrons seated within an enclosed building or on the
premises. However, a snack bar or refreshment stand at a public or
quasi-public community swimming pool, playground, playfield or park
that is operated by an approved sponsoring group, agency or vendor
for the convenience of the patrons of the facility shall not be deemed
to be a restaurant.
[Amended 1-9-2023 by Ord. No. 2022-008]
The act or process of accurately recovering the form and
details of a building, object, site or structure and its setting as
it appeared at a particular period of time by means of the removal
of later work or by the replacement of missing earlier work.
Business or commercial use or activity involving primarily
the sale of merchandise or stock-in-trade to the public.
The property under public and or private ownership or easement
normally used for movement of vehicles, utilities and or persons,
including but not restricted to any pavement area.
See "STREET."
[Amended 1-9-2023 by Ord. No. 2022-008]
A light structure with a roof, either attached to the ground
or movable, not for year-round use and where produce is offered for
sale to the general public.
[Amended 1-9-2023 by Ord. No. 2022-008[10]]
An antenna the purpose of which is to receive television
and/or radio signals from orbiting satellites and which is located
external to or attached to the exterior of any structure.
Any real property designed and used for the purpose of renting
or leasing individual storage space to occupants who are to have access
to such for the purpose of storing and removing personal property.
No occupant shall use a self-service storage facility for residential
purposes or operate a business from the rented self-service storage
space. A self-service storage facility is not a warehouse.[11]
The minimum distance whereby any building or structure must
be separated from a street right-of-way, lot line, or parcel boundary.
[Amended 1-9-2023 by Ord. No. 2022-008]
A building or group of buildings containing a combination
of three or more separate shops, stores or offices on a single lot
or adjacent parcels providing primarily retail services with supporting
service and office establishments.
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure that shall display
or include any lettering, wording, model, drawing, picture, banner,
flag, insignia, device, marking, or representation used as, or is
in the nature of, an announcement, direction or advertisement. A "sign"
includes a billboard, but does not include the flag or insignia of
any nation or of any governmental agency or of any political, educational,
charitable, philanthropic, civic, professional, religious or similar
organization, or of any campaign, drive, movement, or event that is
temporary in nature.
[Amended 1-9-2023 by Ord. No. 2022-008]
A sign that directs attention to a business commodity, service
or entertainment, conducted, sold or offered elsewhere than on the
same lot. This shall include billboards.
[Amended 1-9-2023 by Ord. No. 2022-008]
A sign that directs attention to a business or profession
conducted or to products sold on the same lot. A for-sale sign relating
to the lot where it is displayed is a business sign.
[Amended 1-9-2023 by Ord. No. 2022-008]
A sign showing the name and profession, occupation or pursuit
conducted on the premises.
Possession of land under single or unified control, whether
by sole, joint, common or other ownership, regardless of any division
of such land into parcels for the purpose of financing.
Maps and supporting information required under Article VI of this chapter.
A device, or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy, and that contributes to a structure's
energy supply, together with any components for containing and supporting
such device.
A solar collector that is physically detached from the structure
where solar energy is to be supplied.
[Amended 1-9-2023 by Ord. No. 2022-008]
A complete design or assembly consisting of a solar energy
collector (herein called a "solar collector"), an energy storage facility
(where used), and components for the distribution of transformed energy
(to the extent that they cannot be used jointly with a conventional
energy system), including passive solar energy systems.
The part of a building comprised between a floor and the
floor or roof next above it. A basement shall be considered a story.
A cellar shall not be considered a story.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below. An attic with a finished
floor shall be considered a half story. Half stories have structural
headroom of less than seven feet six inches and shall not be included
within the definition of "floor area" for the purposes of this chapter.
(See "floor area.")
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way that is an existing state, county or municipal
road or travel way shown upon a plat.
[Amended 1-9-2023 by Ord. No. 2022-008]
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
A static construction of building materials, framed of component
structural parts for occupancy or use, including buildings, stadiums,
platforms, towers, sheds, display stands, storage bins, signs, fences,
reviewing stands, gasoline pumps, mobile dwellings, and the like.
See "TRANSITIONAL HOUSING."
[Added 7-6-2020 by Ord.
No. 2020-002; amended 1-9-2023 by Ord. No. 2022-008]
Any portable pool or permanent structure containing a body
of water 18 inches or more in depth area, intended for recreational
purposes.
A surface layer of the soil containing more or less organic
matter to a depth usually plowed in cultivation; the "A" horizon of
the soil solum.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
A building consisting of three or more attached single-family
dwelling units each having separate entrances and party walls.
[Amended 1-9-2023 by Ord. No. 2022-008]
The movement of people through any public space, including
but not limited to pedestrians, pedestrians with assistive mobility
devices, bicycle riders, other nonmotorized vehicle users and motorized
vehicle users.
[Added 1-9-2023 by Ord. No. 2022-008]
A nonmotorized wheeled vehicle designed to be transportable
when towed by a motorized vehicle and has been designed for human
occupancy as a dwelling unit.
[Amended 1-9-2023 by Ord. No. 2022-008]
A nonmotorized wheeled vehicle designed to be transportable
when towed by a motorized vehicle and has been designed for the storage
of tools and/or equipment.
[Amended 1-9-2023 by Ord. No. 2022-008]
Temporary housing for certain segments of the population,
including working homeless people who are earning too little money
to afford long-term housing. Transitional housing is set up to transition
qualified residents into accredited (minimum State of Delaware accreditation),
licensed, and insured organizations who provide permanent, affordable
housing. It is not in an emergency homeless shelter, but an apartment
in a residence with support services.
[Added 7-6-2020 by Ord.
No. 2020-002]
A vehicle that is used or designed to be used for seasonal
and/or temporary living or sleeping purposes and is customarily standing
on wheels or rigid supports. A recreational vehicle (RV) is also considered
a travel trailer.
[Amended 1-9-2023 by Ord. No. 2022-008]
A building or part of a building or premises for the storage
and/or transfer of goods, wares and merchandise for the owner or others
by truck transport.
This term is employed in referring to:
The main or primary purpose for which a building, other structure
and/or lot is designed, arranged or intended or for which it may be
used, occupied or maintained under this chapter.
Any structures or facilities owned by a government entity,
nonprofit organization, corporation, cooperative or any other entity
defined as a public utility for any purpose and used in connection
with the production, generation, transmission, delivery, collection
or storage of water, sewage, electricity, gas, oil, heating and cooling
service or electrical power.
A dwelling or structure, or part thereof, used to provide
sleeping accommodations for compensation.
[Added 1-9-2023 by Ord. No. 2022-008]
A premises, including open areas, other than a street or
way, and enclosed showrooms for the display and sale of new or used
automobiles, trucks, trailers, motorcycles, boats, and/or recreational
vehicles.
A building for the treatment of animal illness, including
facilities for boarding animals receiving hospital treatment.
A building or premises for storing of goods, wares and merchandise,
whether for the owner or for others, whether publicly or privately
owned or used.
A natural or artificial channel where a flow of water regularly
occurs, whether continuously or intermittently.
[Added 1-9-2023 by Ord. No. 2022-008]
Any body of water, including any creek, canal, river, lake
or bay, or any other body of water, natural or artificial, except
a swimming pool or ornament pool located on a single lot.
A thoroughfare, street, alley or right-of-way, however designated,
permanently established for passage of persons or vehicles.
Those areas of land that fall within the definition of wetlands
currently used by the U.S. Army Corps of Engineers, or those areas
of land within the definition of wetlands adopted by the State of
Delaware.
[Added 1-9-2023 by Ord. No. 2022-008]
A business establishment engaged in selling to retailers
or jobbers rather than directly to consumers.
[Amended 12-7-2009 by Ord. No. 2009-001]
Any mechanical device designed for the purpose of converting
wind energy into electrical or mechanical power.
[Amended 1-9-2023 by Ord. No. 2022-008]
An open area extending the full width of the lot between
the street right-of-way and the building line projected to the side
lot lines.
An open area extending the full width of the rear lot line
situated between the rear lot line and the building line projected
to the side lot lines.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a setback
depth or width as specified by the bulk regulations of the district
in which the lot is located. No part of such yard shall be included
as part of a yard or other open space similarly required for buildings
on another lot.
An open area extending between the building line and the
side property line of a lot and extending from the front yard rear
line (or from the front lot line, if there is no required front yard)
to the rear yard front line (or to the rear lot line if there is no
required rear yard).
[1]
Editor's Note: See other definitions in §§ 220-21E(3) and 220-62 of this chapter.
[2]
Editor's Note: This ordinance also repealed the former definition
of "BOARDINGHOUSE," which immediately followed this definition.
[3]
Editor's Note: This ordinance also repealed the former definitions
of "BUILDING, ACCESSORY," "BUILDING, DETACHED," and "BUILDING GROUP,"
which immediately followed this definition.
[4]
Editor's Note: This ordinance also repealed the former definitions
of "dwelling, single-family" and "dwelling, two-family" which immediately
preceded this definition.
[5]
Editor's Note: The former definition of "HAZARD AREA," which
immediately followed this definition, was repealed 1-9-2023 by Ord. No. 2022-008.
[6]
Editor's Note: This ordinance also repealed the former definition
of "HOUSEBOAT," which immediately followed this definition.
[7]
Editor's Note: This ordinance also repealed the former definition
of "INDUSTRIAL USE, LIGHT," which immediately followed this definition.
[8]
Editor's Note: The former definition of "LODGING HOUSE," which
immediately followed this definition, was repealed 1-9-2023 by Ord. No. 2022-008.
[9]
Editor's Note: The former definition of "RENTAL UNIT," which
immediately followed this definition, was repealed 1-9-2023 by Ord. No. 2022-008.
[10]
Editor's Note: This ordinance also repealed the former definition
of "ROOMING HOUSE," which immediately followed this definition.
[11]
Editor's Note: The former definition of "SENIOR CITIZEN HOUSING,"
which immediately followed this definition, was repealed 1-9-2023 by Ord. No. 2022-008.
