City of New Castle, DE Terminology

Word usage.

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

(2)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(3)

The word "shall" is mandatory, the word "may" is permissive.

(4)

The words "used or occupied" include the words "intended, designed or arranged to be used or occupied."

(5)

The word "lot" includes the words "plot or parcel."

For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

ACCESSORY USE OR STRUCTURE

A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.

ARTICULATION

A change in depth of the vertical building plane or a change in building material.

[Added 8-13-2013 by Ord. No. 477]

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other ordinances have been prepared for purposes of this Floodplain District, the one-hundred-year flood.

[Added 6-7-1977 by Ord. No. 222]

BASE FLOOD ELEVATION

The one-hundred-year flood elevation. Within the floodplain the base flood elevation shall be established as a point at the boundary of the approximated floodplain which is nearest to the construction site in question.

[Added 6-7-1977 by Ord. No. 222]

BOATING FACILITIES

Boat ramps, boat slips, wharves, piers, docks, and similar structures providing boats with access to the water.

[Added 12-14-2004 by Ord. No. 429]

BUILDING

Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, activity, equipment, goods or materials of any kind.

[Added 12-14-2004 by Ord. No. 429]

BUILD-TO LINE

A line parallel to the street right-of-way line that establishes the maximum front yard setback of a building.

[Added 12-14-2004 by Ord. No. 429]

BUILD-TO LINE ENCROACHMENT

Pedestrian-oriented features of buildings, such as one-story porches, entrance hoods, stoops, awnings, canopies, roof overhangs and arcades with occupied or unoccupied floor space above, that are permitted to encroach into the area between the build-to line and curb.

[Added 12-14-2004 by Ord. No. 429]

CORNICE

The projection at the top of a wall or the top course or molding of a wall when it serves as a crowning member.

[Added 8-13-2013 by Ord. No. 477]

DAY-CARE CENTER

A center which provides daytime care or instruction for two or more children eleven years or under and operates on a regular basis.

[Added 12-3-1974 by Ord. No. 207]

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.

[Added 6-7-1977 by Ord. No. 222]

DRIVEWAY

A surface treated and hardened to accommodate vehicles in accordance with the applicable Building Code regulations and being that part of the passage located on private property that provides vehicular ingress and egress to a property fronting on a public street using an approved curb cut and as limited in width by § 230-28E.

[Added 4-24-2002 by Ord. No. 405]

DWELLING

A structure designed or used as the living quarters for one or more families, not to include hotel, motel, automobile court, rooming or boardinghouse or tourist home.

DWELLING, ATTACHED

A one-family dwelling on a permanent foundation, the walls on two sides of which are in common with the walls of adjoining dwellings and are party walls.

DWELLING, ONE-FAMILY

A detached dwelling on a permanent foundation designed for or occupied by one family only.

DWELLING, SEMIDETACHED

A one-family dwelling on a permanent foundation with one wall in common with only one adjacent dwelling.

DWELLINGS, MULTIPLE

A residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.

DWELLING, TWO-FAMILY

A detached dwelling on a permanent foundation designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

EVERGREEN

Flora that maintains green foliage year round.

[Added 8-13-2013 by Ord. No. 477]

FAÇADE

The exterior walls of a building.

[Added 8-13-2013 by Ord. No. 477]

FAMILY

One or more persons occupying a single housekeeping unit and using common cooking facilities, provided that, unless all members are related by blood or marriage, no such family shall contain over five persons.

FARMERS' MARKET

Temporary or occasional outdoor retail sales of farm produce and prepared food from vehicles or temporary stands.

[Added 8-13-2013 by Ord. No. 477]

FENESTRATION

The arrangement of windows and other exterior openings on a building.

[Added 8-13-2013 by Ord. No. 477]

FLOOD

A temporary inundation of normally dry land areas.

[Added 6-7-1977 by Ord. No. 222]

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 usual and rapid accumulation or runoff of surface waters from any source. For the purpose of this Floodplain District, the one-hundred-year floodplain is defined by nine feet.

[Added 6-7-1977 by Ord. No. 222]

FLOODPROOFING

Any combination of structural or nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

[Added 6-7-1977 by Ord. No. 222]

FLOOR AREA

The sum of the gross horizontal areas of the several floors of the building or buildings on 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.

FOOTPRINT

The actual dimensions of the external walls of the structure on its foundation at ground level.

[Added 12-3-1991 by Ord. No. 336]

GRADE PLANE

A reference plane representing the average of finished ground level adjoining the building at exterior walls. Except as otherwise set forth in this chapter, where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the areas between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.

[Amended 7-8-2014 by Ord. No. 495]

HEIGHT

The vertical distance from grade plane to the average height of the highest roof surface. Spires, cupolas, chimneys, antennas, water tanks, belfries, flag staffs, hose towers or other structures and mechanical apparatus placed above roof level, not intended for human occupancy and necessary for the operation of the permitted use, shall not be included in the measurement of vertical dimensions.

[Added 7-8-2014 by Ord. No. 495]

HOME OCCUPATION

[Amended 12-14-2004 by Ord. No. 429]

(1)

An occupation or a profession which:

(a)

Is customarily carried on in a dwelling or in a building or other structure accessory to a dwelling and does not comprise more than 25% of the total floor area of all structures on the lot.

(b)

Is owned by a full-time resident of the dwelling unit and shall employ only other full-time residents of the dwelling unit. A home occupation which provides a service that occurs off-site may have additional employees, provided such employees meet and work off-site and are not at the subject residence.

(c)

Is clearly incidental and secondary to the use of the dwelling for residential purposes.

(d)

Must maintain the residential character and appearance of the structure.

(e)

Does not display goods, store a stock-in-trade or sell commodities on the premises other than goods or products produced in the premises.

(f)

Does not involve visits by customers to the premises between 9:00 p.m. and 8:00 a.m.

(g)

Does not generate greater traffic volumes or increased traffic hazards than would typically be expected in a residential district. No goods or supplies shall be delivered by commercial vehicles either to or from the premises in connection with the home occupation, except by the United States Postal Service or a commercial delivery service.

(h)

Does not involve any machining, fabricating, automotive repair, maintenance, painting, or outdoor storage of parts or materials.

(2)

In particular, a home occupation includes, but is not limited to the following:

(a)

Art studio.

(b)

Dressmaking.

(c)

Professional office of a lawyer, engineer, architect or certified public accountant within a dwelling occupied by the same.

(3)

However, a home occupation shall not be interpreted to include the following:

(a)

Barbershops and beauty parlors.

(b)

Physician’s or dentist’s offices.

(c)

Automotive repair or maintenance.

(d)

Restaurants.

HVAC

Heating, ventilation, or air-conditioning system.

[Added 12-14-2004 by Ord. No. 429]

INSTITUTIONS

Any building, structure, or open area used only by an educational, religious, medical, charitable, philanthropic or other essentially nonprofit organization, either public or private.

[Amended 12-14-2004 by Ord. No. 429]

JUNKYARD

A lot, land or structure or part thereof used primarily for collecting, storage or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.

KINDERGARTEN, PRESCHOOL OR DAY NURSERY SCHOOL

A school which provides daytime care and instruction for two or more children from two to six years of age inclusive and operates on a regular basis.

[Added 12-3-1974 by Ord. No. 207]

LOT

For zoning purposes, as covered by this chapter, a lot is 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 spaces as are herein required. Such lot shall have frontage on an improved public street or, in a GC District, on an improved public or private street, and may consist of:

[Amended 8-28-2001 by Ord. No. 401]

(1)

A single lot of record.

(2)

A portion of a lot of record.

(3)

A combination of complete lots of record or complete lots of record and portions of lots of record or of portions of lots of record.

(4)

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 CONSOLIDATION

When one or more lots that are nonconforming by reason of size are adjoining or contiguous and are under common ownership, said lots shall be considered consolidated to the extent that a conforming lot or lots can be achieved.

[Added 12-14-2004 by Ord. No. 429]

LOT FRONTAGE

The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements of 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 LINE, FRONT

Any property line which separates a lot from a street right-of-way.

LOT LINE, REAR

Any property line which separates a lot from an adjoining lot or an alley and which extends from one side line to another.

LOT LINE, SIDE

Any property line which separates a lot from an adjoining lot or any alley and which extends from a street right-of-way to a rear line, another side line or another street right-of-way.

LOT MEASUREMENTS

(1)

DEPTHThe 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.

(2)

WIDTHThe 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 culs-de-sac, where the 80% requirement shall not apply.

LOT, NONCONFORMING

A lot of record which was legal at the time of its creation that does not meet the minimum area requirement of this chapter and which is not adjoining other lands under the same ownership.

[Added 12-14-2004 by Ord. No. 429]

LOT OF RECORD

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

MARINA

A facility for the storing, servicing, fueling, berthing, and securing of boats.

[Added 12-14-2004 by Ord. No. 429]

MASSING

The three-dimensional shape of a building(s) height, width and depth.

[Added 8-13-2013 by Ord. No. 477]

MENU SIGN

A temporary sign used to inform the public of the list of entrees, dishes, foods and entertainment available in a restaurant.

[Added 8-13-2013 by Ord. No. 477]

NONCONFORMING STRUCTURE

An existing structure that was legal at the time of its creation that exceeds the maximum height or building coverage limitations or minimum setback requirements established by this chapter.

[Added 12-14-2004 by Ord. No. 429]

NONCONFORMING USE

An existing use of a lot or a building that was legal at the time of its creation that is not permitted by this chapter in the district in which it is located.

[Added 12-14-2004 by Ord. No. 429]

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in one hundred or a one-percent chance of being equaled or exceeded in any year.

[Added 6-7-1977 by Ord. No. 222]

OUTDOOR ADVERTISING BUSINESS

Provision of outdoor displays or display space on a lease or rental basis only.

PARAPET

The portion of a wall which extends above the roofline.

[Added 8-13-2013 by Ord. No. 477]

PARKING SPACE, OFF-STREET

An off-street parking space shall comprise not less than 180 square feet per parking stall plus necessary maneuvering space. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. Notwithstanding the foregoing, in the GC District, the average area of each parking space shall be not less than 160 square feet and maneuvering areas shall be no less than 22 feet wide and no parking space shall be less than 153 square feet.

[Amended 8-28-2001 by Ord. No. 401]

PEDESTRIAN TAKE-OUT WINDOW

An operable window opening in the façade of a commercial building used for the sale of food and/or beverages. Such a window shall be designed for the exclusive use of pedestrians and shall be located to provide a safe waiting area and to not disrupt or impede pedestrian movement on a sidewalk used by the public.

[Added 8-13-2013 by Ord. No. 477]

PERSONAL SERVICE SHOP

A business which provides a service oriented primarily to personal needs and not primarily involving retail sales of goods or professional advisory services. Included are tailor, barber, beauty salon, shoe repair, dressmaker or dry cleaner (provided no cleaning operations are performed on premises); excluding massage parlors.

[Added 8-13-2013 by Ord. No. 477]

PORTICO

A covered walk or porch that is supported by columns or pillars; also known as "colonnade."

[Added 8-13-2013 by Ord. No. 477]

PRIVATE CLUBS AND LODGES

Any building or structure which serves as a meeting place for a selected membership, together with recreation and dining facilities which are not open to the general public.

[Added 12-14-2004 by Ord. No. 429]

PUBLIC PARKING FACILITY

Any parking area that is available to the public at all times.

[Added 8-13-2013 by Ord. No. 477]

REDEVELOPMENT

A process employed to identify previously developed land that is now vacant, abandoned or underutilized real property where older structures, if they exist, are rehabilitated or replaced.

[Added 10-11-2011 by Ord. No. 483]

SANDWICH BOARD SIGN

An A-frame sign that is not permanently attached to the ground or other permanent structure.

[Added 8-13-2013 by Ord. No. 477]

SHARED PARKING

The joint use of parking facilities by agreement of two or more land uses for which peak parking demands occur at different times of the day, such as office buildings and residential units or restaurants and entertainment facilities. Under an approved shared parking arrangement, minimum parking requirements are not calculated exclusively for each use, but rather for the combined total, shared need of all uses.

[Added 12-14-2004 by Ord. No. 429]

SHARED PARKING AGREEMENT

An agreement between two or more property owners to share parking as defined herein. A shared agreement must be filed at the time of site plan review and include permanent cross-access easements between the participating parties. A shared parking agreement can be created between existing and proposed developments that are adjoining or adjacent.

[Added 12-14-2004 by Ord. No. 429]

SIGN

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

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers and names of occupants of premises not having commercial connotations.

(2)

Flags and insignias of any government except when displayed in connection with commercial promotion.

(3)

Integral notices; identification, information or directional signs erected or required by governmental bodies.

(4)

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

(5)

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

SIGN, OFF-SITE

A sign other than an on-site sign.

SIGN, ON-SITE

A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

SIGN, REAL ESTATE

A sign announcing the prospective rental, lease or sale of the premises upon which it is situated.

SIGNS, NUMBER AND SURFACE AREA

(1)

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display devise 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 a single sign.

(2)

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 elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.

STREET, COLLECTOR

A street that collects traffic from local streets and connects with minor and major arterials. In the City of New Castle, the following streets are collector streets:

[Added 12-14-2004 by Ord. No. 429]

(1)

Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, Seventh Street, Ninth Street and Eleventh Street.

Arbutus Avenue.

Buttonwood Avenue.

Center Street.

Clark Street.

Clymer Street.

Delaware Street.

Harmony Street.

Holcomb Lane.

South Street.

The Strand.

Tremont Street.

Washington Avenue.

The right-of-way line of a street.

STRUCTURE

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and posted panels. Structure shall also include anything constructed wholly or partly below ground.

[Amended 2-5-1980 by Ord. No. 241]

TELECOMMUNICATIONS FACILITIES

The equipment and structures involved in receiving or transmitting telecommunications or radio signals. Such facilities include, singly or together:

[Added 4-14-1998 by Ord. No. 381]

(1)

ANTENNAA device used to collect or transmit telecommunications or radio signal, including panels, microwave dishes and single poles known as "whips."

(2)

TELECOMMUNICATION EQUIPMENT BUILDINGThe building in which electronic receiving, relay or transmitting equipment for a telecommunications facility is housed.

(3)

TOWERA structure that is intended to support equipment used to transmit and/or receive telecommunications or radio signals, including monopoles and lattice-construction steel structures.

TOURIST HOME

A dwelling in which overnight accommodations in no more than five guest rooms are provided or offered for transient guests for compensation.

TRANSIT FACILITY

A freestanding structure located on a bus or train route, which is designed to accommodate embarking and disembarking transit passengers.

[Added 8-13-2013 by Ord. No. 477]

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 the chapter would result in unnecessary and undue hardship. 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 district or adjoining districts.

YARD

A required open space 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 and walls may be permitted in any yard.

YARD, FRONT

There shall be a front yard along each front line between the side lines extending inward to a line separated from the front line by a dimension equal to the required front yard dimension.

YARD, REAR

There shall be a rear yard along each rear line between the inner side yard lines, extending inward to a line separated from the rear line by a dimension equal to the required rear yard dimension.

YARD, REAR ON CORNER LOTS

In the case of a corner lot with no rear lines as herein defined, the shorter of the two side lines shall be treated as a rear line. Where the two side lines are of equal length either may be selected.

YARD, SIDE

There shall be a side yard along each side line extending its entire length from the rear of the front yard, extending inward to a line separated from the side line by a dimension equal to the required side yard dimension.