Town of Millville, DE Terminology

Electrically activated. 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.

Manually activated. Changeable sign whose message copy or content can be changed manually.

CLINIC or URGENT CARE FACILITY

Electronic message sign or center. An electrically activated changeable sign whose variable message capability can be electronically programmed.

A facility for examining and treating patients with medical problems on an outpatient basis, including ambulatory care or similar medical services that generally require a stay of less than 24 hours, and includes immediate care facilities, where emergency treatment is the dominant form of care provided at the facility.

[Added 8-11-2015 by Ord. No. 16-01]

COMMERCIAL NURSERY

The growing, storage, and sale of garden plants, shrubs, trees, or vines for resale, including incidental retail sales of related products conducted from within a building.

[Added 8-11-2015 by Ord. No. 16-01]

COMMUNITY GARDEN

A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

[Added 8-11-2015 by Ord. No. 16-01]

CONCEPT PLAN

An informal sketch or drawing of a site or subdivision plan of sufficient accuracy to be used for discussion only.

CONVALESCENT HOME

A facility that provides nursing services and custodial care on a twenty-four-hour basis for three or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services.

DAY-CARE CENTER

Any facility operated for the purpose of providing care, protection and guidance to 10 or more individuals during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day-care centers for individuals, and other similar uses, but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four-hour period.

DECK

A roofless outdoor space, with or without railings, built as an above ground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure.

[Added 8-11-2015 by Ord. No. 16-01]

DETACHED ACCESSORY GARAGE

An accessory building detached from the primary building with overhead doors or bay doors used for the purpose of storage of passenger vehicles, trailers, boats, and other household goods and tools of the owner or occupants of the primary building.

[Added 1-14-2014 by Ord. No. 14-02]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DISTILLERY, WINERY or BREW PUB

The premises whereon alcohol or spirits are distilled or rectified, wine is fermented or beer is brewed, and including the blending and bottling or other handling and preparation of alcoholic liquor in any form.

[Added 8-11-2015 by Ord. No. 16-01]

DWELLING, MULTIPLE-FAMILY

A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE-FAMILY

A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.

DWELLING, TWO-FAMILY

A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

DWELLING UNIT

One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

FAMILY

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:

[Amended 12-14-2010 by Ord. No. 11-03]

The group shares the entire dwelling unit.

The group lives and cooks together as a single housekeeping unit.

The group shares expenses for food, rent, utilities or other household expenses.

The group is permanent and stable, and not transient or temporary in nature.

(5)

Any other factor reasonably related to whether the group is the functional equivalent of a family.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

[Amended 8-11-2015 by Ord. No. 16-01]

The overflow of inland or tidal waters; and/or

The unusual and rapid accumulation or runoff of surface waters from any source.[3]

FLOODPLAIN

A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; or

An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.[4]

FLOOR AREA, GROSS

The sum of the horizontal areas of the floor of a building which are enclosed and usable for human occupancy. Said areas shall be measured from the inside face of exterior walls, or from the center line of walls separating two dwelling units. Said areas shall not include unfinished basement or cellar space, garage space, or accessory building space, porches or decks.

FLOOR AREAS, RATIO

The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.

HISTORIC STRUCTURE

Any structure that is:

[Amended 8-11-2015 by Ord. No. 16-01]

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

HOME OCCUPATION

Any occupation, profession, enterprise, or activity conducted solely by no more than two members of the immediate family on the premises, provided that such use meets the following minimum conditions:

The home occupation is clearly incidental and subordinate to the residential character and use of the dwelling;

The person engaged in the home occupation must reside in the dwelling in which the home occupation is practiced or in the dwelling attached to a permitted accessory building in which the home occupation is practiced;

There shall be no external alterations inconsistent with the residential use of the dwelling. The use shall be conducted entirely within a dwelling or permitted accessory building. The total area used for the home occupation shall not exceed 1/4 the floor area of the user's living area;

LOADING SPACE, OFF-STREET

There shall be no outside storage of materials or products;

(5)

No woodworking, manufacturing, repairing, mechanical or other work shall be performed outside the dwelling or accessory structure. Such activity conducted inside the dwelling or accessory structure shall be conducted so that no noise, odor, glare, vibration, electromechanical interference, dust or smoke are perceptible outside the enclosed structure in which the home occupation is conducted;

(6)

There shall be no group instruction, assembly or activity;

(7)

Such home occupation shall not include the following: barber and beauty schools, tearooms, restaurants, convalescent homes, day-care centers for adults or children, stables or kennels, nursing homes, or similar establishments;

(8)

No parking shall be allowed on a public street abutting the property;

(9)

There shall be no more than two spaces for the parking of patron vehicles on the property;

(10)

There shall be no more one unrelated person employed in such business; and

(11)

A business license is required.

HOSPITAL

An institution, licensed by the State Department of Health, providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

HOTEL, MOTEL or INN

A building or structure operated for profit, providing lodging with more than 10 guest rooms to the traveling public, with an inside lobby or office for the renting and management of accommodations supervised by a person in charge at all hours and that may provide food and other services, including restaurants, clubrooms, public banquet halls, ballrooms, or meeting rooms, but the individual units shall not contain kitchen facilities.

[Amended 5-24-2022 by Ord. No. 23-01]

IMPERVIOUS SURFACE

Mainly artificial structures, such as pavements (roads, sidewalks, driveways and parking lots), that are covered by impenetrable materials such as asphalt, concrete, brick, or stone.

[Added 8-11-2015 by Ord. No. 16-01]

Space logically and conveniently located for bulk pickups and deliveries, scaled to the delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

LOT

A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

A single lot of record;

A portion of a lot of record;

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or

A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

LOT FRONTAGE

The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section.

LOT MEASUREMENTS

DEPTH OF A LOTThe distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

WIDTH OF A LOTThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply.

LOT OF RECORD

A lot which is part of a subdivision recorded in the Office of the Recorder of Deeds, in and for Sussex County, Delaware, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT TYPES

CORNER LOTA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.

INTERIOR LOTA lot other than a corner lot with only one frontage on a street.

THROUGH LOTA lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage lots."

MOBILE HOME/SINGLE- OR DOUBLE-WIDE

REVERSED FRONTAGE LOTA lot on which frontage is at right angles or approximately right angles (interior angle less than 135°) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.[5]

MANUFACTURE

A function involving either the processing or production of materials, goods or products.

MASSAGE ESTABLISHMENT

Any business or enterprise which offers, sells or provides, or which holds itself out as offering, selling, or providing, massages which include bathing, physical massage, rubbing, kneading, anointing, stroking, manipulating or other tactile stimulation of the human body, by either male or female employees or attendants, by hand or by an electrical or mechanical device, on or off the premises, except that this term shall not include the following licensed businesses or occupation: a chiropractor, chiropodist, podiatrist, barber, nurse, optometrist, cosmetologist, dentist, physician, massage and bodywork practitioner, physical therapist, operator of a funeral establishment, athletic coach or trainer.

[Added 8-11-2015 by Ord. No. 16-01]

A structure, movable or portable dwelling over 450 square feet in size, constructed to be towed on its own chassis, connected to utilities and designed without a permanent foundation for year-round occupancy, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or of two or more units separately towable but designed to be joined into one integral unit.

MULTIPLEX

An attached dwelling unit, which may be arranged in a variety of configurations: side by side, back to back, or vertically. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. The essential feature is the small number of units attached.

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any given year. See also the definition of "flood, one-hundred-year plan" in this section.

OPEN PORCH

Any first floor porch entirely open to light and air on all sides thereof and from the floor to ceiling thereof, except any or all of the following:

Those sides thereof which adjoin an outer wall or walls of the main building;

A guard rail not exceeding 36 inches in height from the floor level;

Railing or solid wall between the guard rail and floor;

OUTDOOR ADVERTISING BUSINESS

Open mesh screening against insects extending substantially from the floor to the guard rail to ceiling, together with the necessary framework required to support the same; and

(5)

Necessary posts or pillars required to support the roof thereof.

Provision of outdoor displays or display space in a lease or rental basis only.[6]

PARKING SPACE, OFF-STREET

Consists of a space adequate for parking an automobile with room for opening the doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another automobile.

For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the Town.

PATIO

A level, surfaced area adjacent to a principal building at or within one foot from finished grade, without a permanent roof intended for outdoor lounging, dining and the like. Patios are typically surfaced with concrete, bricks, pavers or stone.[7]

[Added 8-11-2015 by Ord. No. 16-01]

PERSONAL SERVICES

An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature.

[Added 8-11-2015 by Ord. No. 16-01]

PREMISES

An area of land occupied by the buildings or other physical uses which are an integral part of the activity conducted upon the land and such open spaces as are arranged and designed to be used in conjunction with that activity.

PRIVATE GARAGE

A deck, building, structure or part thereof used for the parking and storage of vehicles.

[Amended 12-14-2010 by Ord. No. 11-03]

PRIVATE WALKWAY

A walking surface made from removable items such as pavers, cobblestone, bricks, slate, or any combination thereof, placed on a pervious base running parallel along the side of the house either from front toward the back or back toward the front being a width not to exceed three feet and not dedicated to the public.

[Added 2-11-2020 by Ord. No. 20-08]

PUBLIC FACILITIES

Transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police, and emergency systems or facilities, electric utilities, gas utilities, cable facilities, or other public utilities.

PUBLIC NOTICE

The publication in a newspaper of general circulation in the Town of Millville at least 15 calendar days prior to any hearing advising the public of the date, time, and place of the public hearing.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

RESIDENTIAL PLANNED COMMUNITY

Designed primarily as temporary living quarters for recreational, camping, travel or seasonal use.[8]

A master planned residential community providing a mixture of residential housing types, community recreational facilities, and common open space areas.

RESTAURANT

Any establishment where food and drink are prepared, served, and consumed and whose design or principal method of operation is characterized by customers being provided with an individual menu and being served their food and drink by a restaurant employee at the same table or counter at which said items are consumed. A minimum of 51% of gross sales must be created by the sale of food.

RESTAURANT, CARRY-OUT

Food is prepared for consumption off the premises only.

RESTAURANT, DRIVE-IN AND DRIVE-THROUGH

A building and adjoining parking area used for the purpose of furnishing food and beverages to the public normally for consumption outside the confines of the principal permitted building, or in vehicles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided inside for the patrons. Services are effected principally while patrons remain in their vehicles.

A restaurant that sells beverages brewed or distilled on the premises.

[Added 8-11-2015 by Ord. No. 16-01]

RESTAURANT-RELATED FOOD COUNTER

A counter in a shop, bar, cafeteria, etc., where food is sold, served or both.

[Added 8-11-2015 by Ord. No. 16-01]

RESTAURANT-RELATED TAVERN OR BAR

An establishment licensed and operated primarily for the sale and consumption of alcoholic beverages on the premises with the sale of food as a secondary object.

[Added 8-11-2015 by Ord. No. 16-01]

RETAIL STORE

An establishment 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 and merchandise.[9]_,[10]

[Added 8-11-2015 by Ord. No. 16-01]

SHOPPING CENTER

A group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

SIGN

Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulation herein:

(a)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of the occupants of the premises, or other identification of the premises not having commercial connotations;

(b)

Flags and insignia of any government except when displayed in connection with commercial promotion;

(c)

Legal notices;

(d)

Identification, informational, or directional signs erected or required by governmental bodies;

(e)

Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights; and

(f)

Signs directing and guiding traffic or parking on private property, but bearing no advertising matter.

SIGNS, NUMBER AND SURFACE AREA

See Article IX for additional sign definitions.

SIGN ADVERTISING

A sign, including a billboard, directing attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than the property where the sign is maintained.

SIGN BUSINESS

A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered on the same property on which the sign is maintained.

[Amended 12-14-2010 by Ord. No. 11-03]

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

SINGLE AND SEPARATE OWNERSHIP

The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.

SIGN, OFF-SITE

A sign other than on-site sign.

The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.

SMALL-SCALE SHOPPING FACILITY

One or more buildings with each building equaling less than 10,000 square feet, to be occupied and used by more than one enterprise for the conduct of business as an integrated and comprehensively planned area and using a common parking area.

[Added 11-13-2018 by Ord. No. 19-07]

SPECIAL EXCEPTION

A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, by the Board of Adjustment, if specific provisions for such special exceptions are made in this chapter.

STREET

A public right-of-way which provides a means of public access to the abutting property.

STREET LINE

The right-of-way line of a street. The line of dedication in the case of a dedicated street, avenue, lane or alley of the center line in the case of a private road.

STRUCTURE

Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, patios, signs, pools, porches, decks, and pavers; for purposes of setbacks, structures do not include driveways, front yard sidewalks or front yard pathways less than five feet in width.

[Amended 1-9-2018 by Ord. No. 18-04]

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement officer and which are the minimum necessary to assure safe living conditions.

[Amended 8-11-2015 by Ord. No. 16-01]

SUBSTANTIALLY COMPLETE

A structure, development or other project that is approximately 80% completed or greater.

SUPERMARKET

A retail establishment primarily selling food, as well as other convenience and household goods, which occupies more than 25,000 square feet of gross floor area.

TAPROOM

An establishment provided with special space and accommodations and operated primarily for the sale by the glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object, as distinguished from a restaurant where the sale of food is the primary object.[11]

[Added 8-11-2015 by Ord. No. 16-01]

TEMPORARY RESIDENTIAL REAL ESTATE SALE CENTERS

A temporary structure that is used as an office and show room for the purpose of marketing and selling real estate. Residential real estate sales centers are intended to facilitate the sale of the homes within a particular residential development, which has obtained final site plan approval. Residential sales centers shall be of temporary nature and may be allowed in any zoning district by the issuance of a temporary conditional use permit for a period up to one (1) year.

[Added 6-12-2012 by Ord. No. 13-01]

TOWNHOUSE

A multifamily dwelling unit with one dwelling unit from ground to roof, forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls and having roofs which may extend from one of the dwelling units to another having individual outside access.

VARIANCE

A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship or an exceptional practical difficulty. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining district.

VILLAGE HOME

A single-family detached dwelling unit on an individual lot with private yards on all sides of the house. A village house differs from other forms of detached housing in its lot size and placement on the lot. It is similar to houses found in historic villages and towns. The house is placed close to the street and is additionally distinguished by planting or architectural treatments such as front porches and fences.

WATER AND WASTEWATER FACILITIES

Water and wastewater utility facilities shall include facilities providing service, maintenance, or repair of essential public utilities to one or more developments, including but not limited to wells, pumping stations, boosters, reservoirs, repeaters, water storage tanks, lift stations, regulators, and other similar facilities; and which are not a minor or major utility facility.

WHOLESALE ESTABLISHMENT

For the purposes of this chapter, a wholesale establishment is a wholesale warehouse type of retail store establishment.

[Added 8-11-2015 by Ord. No. 16-01]

WIRELESS COMMUNICATIONS EQUIPMENT BUILDING

A building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed.

WIRELESS COMMUNICATIONS FACILITY

The antenna(e), antenna support structure, wireless communications equipment building, parking and/or other structures, building, cabinets and equipment involved in receiving or transmitting wireless communications or radio signals.

YARD

A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

YARD, FRONT

A yard extending between side lot lines across the front of a lot adjoining a public street.

In the case of through lots, unless the prevailing front yard patterns on adjoining lots indicate otherwise, if a front yard that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Code Enforcement Officer may waive the requirements for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.