A. 
For the purposes of this chapter certain terms and words are herein defined as follows: words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the word "plot" or "parcel"; the word "building" includes the word "structure" or "dwelling" or "residence"; the word "shall" is mandatory and not discretionary; the word "may" is permissive. Any word or term not defined herein shall be used with a meaning of standard usage.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.
AGRICULTURE
The use of the land for the growing and harvesting of crops and the raising and breeding of animals, including: truck farms, livestock, dairies, poultry husbandry, fruit farms, nurseries and greenhouses, buildings for housing seasonal workers for the farmer's own use, barns, packing but not processing of produce raised on the premises, storage buildings, and buildings for keeping of poultry and livestock, and garages for the keeping of equipment and trucks used in farm operations.
ALLEY
A narrow public thoroughfare, not less than 12 feet but not exceeding 16 feet in width, which provides a secondary means of vehicular access to an abutting property generally to the side or rear of a structure and is not intended for general circulation.
[Amended 12-1-2003; 3-1-2004]
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers.
APARTMENT
A room or suite of connected rooms for occupancy as a single dwelling unit by one family in a building having three or more of such dwelling units.
ASSISTED LIVING FACILITY
A residential facility which provides apartment-style housing and independent living for those who may need supervision for daily functioning, intervention in the event of a resident experiencing a crisis, supervision in the areas of nutrition and medications, and the provision of transient medical care, but who do not require the level of medical care provided in a nursing or convalescent home. Each assisted living facility shall be subject to the following requirements:
[Added 2-6-2012]
(1) 
The assisted living facility must be properly licensed as such by the State of Delaware and must comply with all applicable federal, state and local laws. All personnel of the assisted living facility must also comply with applicable licensing requirements imposed by federal, state and local laws.
(2) 
Ninety percent or more of the residents in an assisted living facility must be at least 55 years of age.
(3) 
The private bedrooms in an assisted living facility may be single occupancy or double occupancy. Single-occupancy bedrooms must have a minimum gross floor area of 64 square feet designated for sleeping, plus an additional gross floor area of 150 square feet above and beyond the area designated for sleeping. Double-occupancy bedrooms must have a minimum gross floor area of 64 square feet designated for sleeping for each person, plus an additional gross floor area of 250 square feet above and beyond the area(s) designated for sleeping. The minimum gross floor area requirements contained in the foregoing sentences shall be exclusive of any kitchen area, bathrooms, closets or alcoves.
(4) 
Every private bedroom, whether a single-occupancy bedroom or a double-occupancy bedroom, must have a bathroom.
(5) 
Each assisted living facility shall have two parking spaces per private bedroom.
(6) 
Each assisted living facility shall have designated common areas to facilitate social interaction among the residents.
AUTOMOBILE SALES LOT
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles in operable condition and where no repair work is done.
BAR
 A commercial establishment, not part of a restaurant, whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Bars include taverns, taprooms, nightclubs, dance halls, dance clubs, lounges, pubs, cabarets, private clubs, bottle clubs and similar facilities serving alcoholic beverages.
[Added 9-7-2010]
BAR AREA
The floor space in any restaurant that is used primarily for the service or consumption of alcoholic beverages for patrons. It shall include, but not be limited to, any bar counter and the contiguous floor and seating area where alcoholic beverages are dispensed or consumed, together with all other portions of the patron area except the permanent seated dining area, whether contiguous to the bar or not. A counter in the bar area where food is served is not considered part of the permanent seated dining area. A bar area shall be delineated by a railing or partial railing, wall or other means clearly defining and enclosing such area.
[Added 9-7-2010]
BASEMENT
A story having more than 25% of its clear height below average finished grade.
BED-AND-BREAKFAST INN
A single-family, detached, owner-occupied dwelling where the owner provides not more than eight rooms and breakfast only from a single cooking facility to lodgers but shall not include homes for the mentally retarded, handicapped, alcoholic rehabilatives or any other person whose fees are paid by persons other than the lodger.
[Added 6-3-1987]
BILLBOARD
Any structure or portion thereof on which lettered or pictorial matter is displayed or is intended to be displayed for advertising purposes other than that on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein.
BOARDINGHOUSE
A single-family, detached, owner-occupied dwelling where the owner provides not more than eight rooms and meals from a central cooking facility to lodgers but shall not include homes for the mentally retarded, handicapped, alcoholic rehabilatives or any other person whose fees are paid by persons other than the lodger.
[Amended 2-9-1987]
BUILDING
Any structure having a roof supported by columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property, excluding mobile homes and tents.
BUILDING COVERAGE
The square footage or other area measurement by which all buildings occupy a lot as measured at the grade line around the foundation.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade at a point five feet away from the foundation of the building along the side(s) of the building facing a street to the top of the roof surface for flat and mansard roofs and to the vertical midpoint between the base of the roof and its peak for gable, hip and gambrel roofs.
CAMPER
(1) 
A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term use, which may contain cooking, sleeping and sanitary facilities.
(2) 
An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.
(3) 
A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping activities.
CLINIC
A place where patients are studied or treated by physicians specializing in various ailments and/or dentists and where no overnight accommodations are provided.
CLUSTER DEVELOPMENT
A development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities, so long as the gross density is not exceeded.
COMMERCIAL USE
A retail use in which the primary activity is one which offers directly to the public either a product or a service.
COMMON PROPERTY
A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
COMPLETE MEAL
The normal and customary meals provided at breakfast, lunch and dinner, offered from menus consisting of, but not limited to, breakfast foods, soups, appetizers, entrees, salads, vegetables, desserts and nonalcoholic beverages. The service of only such food victuals as sandwiches or salads shall not be deemed to be the service of complete meals. Restaurants licensed by the Delaware Alcoholic Beverage Control Commission to sell beer only or wine only shall be required to furnish at least two of the four following accompaniments to meals: appetizers, soups, salads and vegetables.
[Added 9-7-2010]
COMPLEX
A center or campus comprised of retail, wholesale, shopping center, medical facilities, business, commercial, institutional, or mixed-use center with two or more principal structures located on one or more contiguous properties, interconnected by parking areas, streets, sidewalks or other means with similar uses and appearance, under common management and operation.
[Added 6-7-2021]
CONDITIONAL USE
A temporary special exception use which is nonconforming in nature and which is granted by the Mayor and Council for a period of one year or less.
[Added 3-4-1996]
CONVALESCENT OR NURSING HOME
An institution where the ill, injured or infirm may receive housing and care before or following hospitalization and where medical, nursing, food and lodging services may be provided, including examination, treatment and x-ray equipment.
CONVENIENCE STORE
A retail store with a floor area of less than 7,500 square feet that sells groceries and may also sell gasoline.
[Added 11-6-2017]
DAY-CARE CENTER
Any place which receives more than 12 children for day care between the hours of 6:00 a.m. and 9:00 p.m.
[Amended 8-2-1999]
DAY CARE HOME FAMILY
A private home which provides day care between the hours of 6:00 a.m. and 9:00 p.m. for two to six children on a full-time basis and three on a part-time basis, none of whom are relatives of the caregiver, at any one time.
[Added 8-2-1999]
DAY CARE HOME, GROUP
A facility which provides day care between the hours of 6:00 a.m. and 9:00 p.m. for more than six but fewer than 12 children on a full-time basis and six on a part-time basis.
[Added 8-2-1999]
DRIVE-IN RESTAURANT (INCLUDES "EATERY")
Any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises. No bar area is permitted in a drive-in restaurant.
[Added 9-7-2010]
DWELLING
A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways or passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another dwelling unit.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit only and occupied or intended to be occupied for residence purposes by one family.
DWELLING, TWO-FAMILY
A building containing only two dwelling units and intended for residential occupancy by two families living independently of each other and each with its own separate sleeping, cooking and sanitary facilities.
DWELLING, TWO-FAMILY DETACHED
A detached building containing two living units with a party wall dividing the two living units (duplex).
[Added 10-7-1985]
EARLY CHILDHOOD LEARNING/DAY-CARE FACILITY
A learning/day-care facility for children, with a focus on both education and caring for children outside of the regular school setting. Each early childhood learning/day-care facility shall be subject to the following requirements:
[Added 4-7-2014]
(1) 
The early childhood learning/day-care facility must be properly licensed as such by the State of Delaware and must comply with all applicable federal, state and local laws. All personnel of the early childhood learning/day-care facility must also comply with applicable licensing requirements imposed by federal, state and local laws.
(2) 
The early childhood learning/day-care facility must be licensed to educate and care for at least 80 children.
(3) 
The early childhood learning/day-care facility must be located on a parcel of real property 20,000 square feet or larger in size (unless the State of Delaware requirements are greater, in which case such state requirements shall control).
(4) 
The early childhood learning/day-care facility must have an outside play area at least 6,000 square feet in size, which must be located at least 15 feet from neighboring property lines (unless the State of Delaware requirements are greater, in which case such state requirements shall control), and which must be enclosed with a fence on the rear and sides.
(5) 
The fence required by Subsection (4) above shall be at least six feet tall (unless the State of Delaware requirements are greater, in which case such state requirements shall control). The fence must be solid wherever it borders any road frontage, but may be solid or chain link elsewhere.
(6) 
Each early childhood learning/day-care facility shall have one parking space per employee and one parking space per six children.
(7) 
The early childhood learning/day-care facility shall not open earlier than 6:00 a.m. and shall close by 9:00 p.m.
EATERY
A commercial establishment whose primary activity is carry-out food services. If indoor seating is provided, it shall be limited to a maximum number of patrons as per occupancy requirements. No bar area is permitted in an eatery.
[Added 9-7-2010]
FAMILY
A single person occupying a dwelling unit and maintaining a household, or two or more persons related by blood, 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.
[Amended 2-9-1987]
FARM
A lot of at least five acres used for agricultural purposes.
FARM STAND
A building located on a farm for the purpose of selling the products of that farm and open for business not more than six months of every year. Where other goods are offered for sale other than the products of the farm on which it is located, not more than 50% of the area of the farm stand, or an area equivalent to the space utilized by the products of the farm, whichever is less, shall be allocated to the sale of such products.
FLOODPLAIN
The relatively flat land following a watercourse which could be subject to periodic flooding based on information available from the United States Army Corps of Engineers and any other official sources.
GARAGE, PRIVATE
An accessory building or portion of a main building used only for the parking of vehicles of the occupants or users of the principal use.
GARDEN APARTMENTS
Multifamily dwellings adhering to the standards in Article IV, District Regulations, and § 210-32 of this chapter and not exceeding 35 feet in height.
GROSS FLOOR AREA
Gross floor area shall be measured by using the outside dimensions of the building, excluding the area of an attached garage, open porch or patio, and further excluding the area used as a basement. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the gross floor area.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of physical or mental conditions, including, but not limited to, general or specialty hospitals, public health centers, diagnostic centers, treatment centers, rehabilitation centers, extended care facilities, long-term care facilities, residential health care facilities, outpatient clinics, and dispensaries and customary accessory uses such as laundries, restaurants, gift shops, laboratories, pharmacies, and medical offices.
[Added 6-7-2021]
HOME OCCUPATION
An occupation conducted wholly or in part from a residence or a residential lot. Such occupation shall be conducted solely by resident occupants of the residential building, except that no more than one person not a resident of the building may be employed, and provided, also, that no more than 900 square feet or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purpose; that the livable floor area for the residence shall remain at least as large as that required of residences; that no display of products shall be visible from the street; that the residential character of the building shall not be changed; that no sign shall be displayed exceeding a maximum of one square foot on each side of the sign; that the occupation shall be conducted entirely within either the dwelling or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences; and that the use does not reduce the parking and yard requirements of the principal use. A home occupation shall include a family day-care home so long as the facility has a license from the State of Delaware and a license from the Town of Millsboro; 50 square feet of outdoor play space per child; outdoor play space fenced with a four-foot-high fence; and adequate parking, including two parking spaces for occupants/residents and two additional parking spaces available.
[Amended 8-2-1999]
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating in a cluster or planned unit development under recorded land agreements through which:
(1) 
Each lot owner is automatically a member.
(2) 
Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Town.
(3) 
Each owner and tenant has the right to use the common property.
HOSPITAL
A building or group of buildings having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities and staff offices; provided, however, such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.
[Added 6-7-2021]
HOTEL
A building in which lodging or boarding and lodging are provided for more than 15 persons, primarily transient, or with more than 10 guest rooms offered to the public for compensation. Ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public, in contradistinction to a boardinghouse or an apartment, which are herein separately defined. A "hotel" may include restaurants, taverns, recreation facilities, public banquet halls, ballrooms and meeting rooms.
[Amended 11-6-2017]
INDUSTRIAL PARK
An area wherein one or more buildings are erected in relation to one another as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time.
INDUSTRIAL USE
A use in which the primary activity is the manufacturing, fabrication, assembly, storage or packaging of a product or a service and which is not offered directly to the public through a retail function.
JUNKYARD
Any area of land with or without buildings, regardless of size, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof, including, by way of illustration but not of limitation, three or more inoperative unlicensed vehicles, abandoned vehicles, tires, vehicle parts, paper, rags, metal, glass or plastic, old household appliances, wood, lumber, brush and any stumps or any other debris or any material whatsoever.
LIGHT INDUSTRY
Industry where the type of activities may produce some noise, traffic or danger, but where the activities are of such a scale or character that they present no serious hazard to neighboring properties, and where the type of work is oriented to the fabrication, assembly, storage or packaging of a product as opposed to the primary manufacturing of a product from raw materials, which for the purposes of this chapter is considered to be heavy industry.
LOADING SPACE
An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading material, measuring at least 12 feet by 45 feet with 15 feet of vertical clearance.
LOT
A tract or parcel of land having frontage on and access to a public street.
[Amended 12-1-2003]
LOT AREA
The area contained within the lot lines of a lot but shall not include any portion of a street.
LOT, CORNER
A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135º.
LOT DEPTH
The horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINE
Any line forming a portion of the exterior boundary of a lot, and the same line as the street line for that portion of a lot abutting streets.
LOT WIDTH
Distance between the side lot lines of a lot or between the side lot line and the street line most nearly parallel to the side lot line or corner lot, measured at the setback line; the width of the lot at the rear must meet the minimum front width line; lot width may be reduced by a maximum of 25% on an approved cul-de-sac, curved area only.
[Amended 12-1-2003; 3-1-2004]
MANUFACTURED HOME
A dwelling unit manufactured in one or more sections, designed for long-term occupancy; containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported after fabrication; arriving at the site where it is to be occupied as a dwelling complete, usually including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and camper trailers are not considered as mobile homes.
[Amended 11-6-2017]
MEDICAL CARE FACILITY
A facility, however designated, providing medical treatment and short-term inpatient care, other than a hospital or medical clinic.
[Added 6-7-2021]
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.
[Added 6-7-2021]
MOBILE HOME PARK
Land used or intended to be used by inhabited mobile homes. Two or more inhabited mobile homes, whether parked or supported by foundations, shall constitute a mobile home park.
MOTEL
See "hotel."
[Amended 11-6-2017]
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which in its location upon a lot or in its size does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT
A lot of record which does not have the minimum width or depth or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
A use occupying a building, structure or lot which does not conform with the use regulations of the zone in which it is located.
OPEN SPACE
Open space, park, recreation area, land in a natural state, unimproved area which may be used for recreation and aesthetic purposes for the purpose of maintaining green and open buffers and views and preserving title wetlands in a natural state, but excluding stormwater management and biofiltration ponds and systems.
[Added 12-1-2003]
OUTDOOR AMPHITHEATER
An uncovered outdoor seating area used to accommodate small-scale community events such as theater, festivals and public assemblies.
[Added 12-4-2006]
OUTDOOR AMUSEMENT OR RECREATION PLACES
Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include, but are not limited to, driving ranges, batting cages, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, and motorized cart and motorcycle tracks.
[Added 11-6-2017]
OUTSIDE SERVICE AREA
A porch, patio, deck or area of land or buildings which is not enclosed on all sides with permanent structural walls and roofing and which has a floor level no higher than three feet above ground level, and which is used for seated dining only in conjunction with a restaurant or eatery. No part of any outside service area may be located in any setback area and may not eliminate parking spaces to achieve sufficient space of outside service area.
[Added 9-7-2010]
PARKING SPACE
An improved surfaced area of not less than 200 square feet (10 feet wide by 20 feet long), either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for one- or two-family dwellings from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered an off-street parking space.
PATRON AREA
The area of a restaurant open to the public as patrons and exclusive of kitchen, storage areas and rest rooms.
[Added 9-7-2010]
PERMANENT SEATED DINING AREA
The floor space in any restaurant where tables and chairs and/or booths are provided for serving complete meals to seated patrons. The floor space of any, outside service area shall not be included as part of a restaurant's permanent seated dining area.
[Added 9-7-2010]
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PRINCIPAL USE
The main purpose for which a lot or building or portion of a lot or building is used.
PROFESSIONAL OFFICE
The office of a physician, surgeon, dentist, architect, clergyman, lawyer, engineer, real estate broker or insurance broker or other persons engaged in a similar profession. Where such offices are part of a residential structure, the restrictions as outlined under home occupation shall apply.
RESIDENTIAL USE
A use in which the primary use is as a dwelling. (See "dwelling.")
RESTAURANT
A commercial establishment which is regularly used and kept open for the purpose of serving complete meals, as referred to in Title 4 of the Delaware Code, to patrons for consideration and which has seating and tables for dining and suitable kitchen facilities connected therewith under the charge of a chef or cook. The service of only such foods as snacks, sandwiches, salads, pizza, hamburgers and the like, at any time after 5:00 p.m., is not considered service of complete meals.
[Amended 9-7-2010]
RESTAURANT, DRIVE-IN OR DRIVE-THROUGH
A restaurant at which any food or refreshments are customarily served to or consumed by any patrons seated in automobiles or otherwise off the premises, whether or not in addition thereto seats or other accommodations are provided for patrons.
RETAIL FOOD ESTABLISHMENTS
A commercial establishment which is regularly used and kept open for the purpose of serving any type of food, including, but not limited to, complete meals. Restaurants and retail food establishments may also include outdoor dining facilities.
[Added 11-6-2017]
RETAIL SALES ESTABLISHMENTS
A place of business devoted in whole or in part to the sale, rental, or servicing of goods or commodities which are normally delivered or provided on the premises to a consumer.
[Added 11-6-2017]
RIGHT-OF-WAY
The land and space required on the surface, subsurface and overhead for the construction and installation of materials, necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits, mains, signs, hydrants, trees, shrubbery, light and air established by local authorities.
SATELLITE ANTENNA
A parabolic dish antenna or other device or equipment of whatever nature or kind, including its structural supports, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites.
[Added 8-5-1985]
SERVICE BAR
A bar, countertop, table, platform or other substantially flat surface, not exceeding five feet in length, behind and upon which alcoholic liquor and beverages are prepared by employees of the restaurant for delivery to seated dining patrons by employees of the restaurant. Restaurant patrons shall not be served alcoholic liquor at any service bar.
[Added 9-7-2010]
SERVICE DINING PATRON
A customer of a restaurant who is seated in the seated dining portion of the patron area for the purpose of ordering and consuming food served by the restaurant.
[Added 9-7-2010]
SERVICE STATION
Lands and buildings providing for the sale of fuel, lubricants for vehicles and automotive accessories and for providing maintenance and minor repairs for motor vehicles, but not including body repairs or painting or the storage of inoperable or wrecked vehicles.
SETBACK LINE
A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established as a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SHOPPING CENTER
One or more buildings or parts thereof, 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.
SIGN
Any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product. Any such lighted device within a building designed to be seen outside a building is a sign.
SITE PLAN REVIEW
The examination of the specific development plans for a lot, including all pertinent data required in this chapter. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Commission.
STAND-UP CONSUMPTION OF ALCOHOLIC BEVERAGES
The consumption of alcoholic liquor by any person other than a seated dining patron in the seated dining area of a restaurant.
[Added 9-7-2010]
STORMWATER MANAGEMENT SYSTEM
Including but not limited to stormwater mains, service connections, pipes, conduits, swales, retention, detention biofiltration ponds or the like, which must meet the specifications and requirements of the State of Delaware Department of Natural Resources and Environmental Control (DNREC), which system may or may not be accepted by the Town of Millsboro, and the title and maintenance responsibilities of which must be transferred to a responsible entity such as a property owners' association.
[Added 12-1-2003]
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way open to public travel and which is an existing state or municipal roadway for public use. A street shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
STREET LINE
The edge of the existing or future street right-of-way, whichever is greater, as shown on an adopted Comprehensive Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTURE
Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs and advertising devices.
SURGICAL CENTER
A facility where outpatients come for simple surgical procedures and are not lodged overnight.
[Added 6-7-2021]
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirements of § 210-46 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 40 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 40 square feet, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests, and which is located on a lot as an accessory use and shall include all accessory buildings, structures and equipment.
SWIMMING POOL, PUBLIC OR PRIVATE CLUB
Either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.
TEMPORARY STRUCTURES AND SHELTERS
Any tent or other structure intended for short-term or accessory use and which is movable; any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living, sleeping or other uses. The term shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
[Added 2-2-1998]
TOWNHOUSE
One single-family dwelling unit in a line of four or more connected dwelling units. Each single-family unit may have one or two stories, but nothing in this definition shall be construed to allow one dwelling unit over the other.
TRAVEL TRAILER
A portable, vehicular structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight feet and length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.
USE
The specific purpose for which a parcel of land or a building or a portion of either is used.
VARIANCE
A departure from the terms of this chapter authorized by the Board of Adjustment in accordance with state statutes.
YARD
Any unoccupied ground area fully open to the sky on a lot.
[Added 12-1-2003]
YARD, FRONT
An open space extending across the full width of the lot and lying between the street line and the closest point of the building. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the point of tangent of curved street lines. The minimum required front yard shall be the same as the required setback.
YARD, REAR
An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the building. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the point of tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required setback.
YARD, SIDE
An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the building. The width of the required side yard shall be measured horizontally and at right angles to either a straight side lot line or the point of tangent of curved side lot lines. The minimum required side yard shall be the same as the required setback.