This chapter is enacted for the following purposes: to promote the health, safety, morals, and general welfare of the inhabitants of the City of Harrington by lessening congestion in the streets, securing safety from fire, panic and other dangers, providing adequate light and air, preventing overcrowding of land, avoiding undue concentration of populations, facilitating adequate provision for transportation, water, sewage, schools, parks and other public requirements, conserving and enhancing the value of property and buildings and encouraging the most appropriate use of land.
From and after the effective date of this revision, the use of all land and every building or portion of a building erected, every use within a building or accessory use thereto in the City of Harrington shall be in conformity with the provisions of this chapter and/or the International Building Code (IBC) and other applicable ordinances.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where existing provisions or other laws or ordinances are inconsistent or in conflict with the provisions of this chapter or regulation, or the International Building, Residential, or Property Maintenance Codes, the provisions of any law, other ordinance or regulations that are the most restrictive shall be controlling.
This chapter shall be known and may be cited as "The City of Harrington Zoning Code."
If any word, sentence, section, or any other provision or portion of this chapter or rules adopted hereunder is invalidated by any court of competent jurisdiction, the remaining words, sentences, sections, chapters, provisions, or portions will not be affected and will continue in full force and effect.
A.
Responsibility. This chapter will be administered and enforced by the City of Harrington City Manager.
B.
Administration. The City Manager will administer the Code as set forth herein. The City Manager may implement procedures, forms, and written policies for administering the provisions of this chapter.
Reading and applying the chapter: literal readings of the chapter language will be used.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenants or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon land development, construction, the use of buildings or premises, upon height of buildings, or requires larger open spaces than are imposed or required by other resolutions, ordinances, rules, or regulations or by easements, covenants, or agreements, the provisions of this chapter shall govern. Any reference to the City Manager in this chapter shall be deemed to include the City Manager's designee.
A.
Defining words. Words used in this chapter have their dictionary meaning unless they are listed and described otherwise. Words listed in this section have the specific meaning stated, unless the context clearly indicates another meaning.
B.
Tenses and usage.
(1)
Words used in the singular include the plural. The reverse is also true.
(2)
Words used in the present tense include the future tense. The reverse is also true.
(3)
The words "shall," "must," "will," and "may not" are mandatory.
(4)
"May" is permissive.
(5)
When used with numbers, "up to x," "not more than x," and "a maximum of x" all include x.
(6)
The word "person" includes a corporation, association, or partnership as well as an individual.
(7)
The word "lot" includes the word "plot."
(8)
The term "occupied" or "used" as applied to any building shall be construed as followed by the words "or intended, arranged or designed to be occupied or used."
C.
Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions have the following meanings:
D.
Lists. Lists of items that state "including the following," "such as," or similar language are not limited to just those items. The lists are intended to provide examples, but not to be exhaustive of all possibilities.
E. ABANDONED SIGN ACCESSORY USE ADDITION ADJACENT ALLEY ALTERATION ALTERATION, SIGN ANIMATED SIGN(1) (2) (3) (a) (b) APPLICANT ARCADE ARCHITECTURAL PROJECTION ARTICULATION AVERAGE DAILY TRAFFIC (ADT) AWNING AWNING SIGN BACK-LIT AWNING BANNER BANNER SIGN BASEMENT BED-AND-BREAKFAST BENCH SIGN BICYCLE STORAGE, CLASS I BICYCLE STORAGE, CLASS II BICYCLE STORAGE, CLASS III BILLBOARD BLOCK BOARD BREWERY BUILDABLE AREA BUILDING(1) (2) BUILDING CODE BUILDING FACADE BUILDING HEIGHT BUILDING LINE BUILDING MASS BUILDING SCALE BUILDING SIGN BUILDING, TEMPORARY BUILD-TO LINE BULKHEAD CALIPER DIMENSION CANDELA CANDELA PER SQUARE METER (cd/m2) CANDLE or CANDLEPOWER CANOPY (ATTACHED) CANOPY (FREESTANDING) CANOPY SIGN CARPORT CAR WASH CELLAR CERTIFIED COMPREHENSIVE LAND USE PLAN CHAMFERED CORNER CHANGEABLE SIGN(1) (2) CHANNEL LETTER (INTERNALLY ILLUMINATED) CHANNEL LETTER (OPEN FACED) CHANNEL LETTER (REVERSE) CIRCULATION AREA CITY MANAGER CLADDING CLUB COLUMN COMMERCIAL OUTDOOR ADVERTISING SIGN COMMUNITY CENTER CONCEPT PLAN CONFORMING SIGN CONVENIENCE STORE COPY COPY AREA OF SIGN CORNICE COUNTY DAY-CARE CENTERS(1) (2) (3) (4) DIMENSIONAL AND DENSITY STANDARDS DIMENSIONAL LETTER, SYMBOL, OR GRAPHIC DIRECTIONAL SIGN DISPLAY TIME DISSOLVE DISTILLERY DISTRIBUTION CENTER DISTRICT DOG KENNEL DOUBLE-FACED SIGN DRIVE-IN USE DRIVEWAY DWELLING(1) (2) (3) (4) (5) (6) (7) (8) DYNAMIC FRAME EFFECT EASEMENT EDUCATIONAL INSTITUTION ELECTRIC SIGN ELECTRONIC MESSAGE CENTER OR SIGN (EMC) ENTERTAINMENT ESTABLISHMENT EXTERIOR SIGN EXTERNALLY ILLUMINATED SIGN FACADE FADE FAMILY FAMILY CHILD CARE FASCIA SIGN FLASHING SIGN FLOODPLAIN FLOOR AREA(1) (2) FONT FOOTCANDLE FOOT-LAMBERT FRAME FRAME EFFECT FREESTANDING SIGN FRONTAGE (BUILDING) FRONTAGE (PROPERTY) GRADE PLANE GREENHOUSE, COMMERCIAL GROUND SIGN HOME OCCUPATION HOSPITAL ILLUMINANCE ILLUMINATED SIGN IMPERVIOUS COVERAGE INTERIOR SIGN INTERNALLY ILLUMINATED SIGN KENNEL LARGE FAMILY CHILD-CARE HOMES LINTEL LISTED SIGN LOADING AND UNLOADING AREA LOT(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) LOT LINE ADJUSTMENT LUMINANCE LUX MAJOR RECREATIONAL EQUIPMENT MANSARD MANUFACTURED HOUSING MANUFACTURING MARQUEE MARQUEE SIGN MEDICAL CLINIC MIXED-USE BUILDING MIXED-USE DEVELOPMENT MOBILE HOME MODULAR HOME MOTEL MOTOR VEHICLE FILLING STATION MOTOR VEHICLE REPAIR AND SERVICE MOTOR VEHICLE SALES AND STORAGE MULTIPLE-FACED SIGN MUNICIPALITY NET ACRE NIT NONCONFORMING SIGN NONCONFORMING USE NONCONFORMITIES NURSING AND SIMILAR CARE FACILITIES(1) (2) (3) (4) (5) OFFICE OFF-PREMISES SIGN OFF-STREET PARKING SPACE ON-PREMISES SIGN ON-STREET PARKING SPACE OPEN SPACE, ACTIVE OPEN SPACE, PASSIVE OUTDOOR ADVERTISING SIGN PARALLEL SIGN PARAPET PARKING AREA PARKING AREA AISLES PARKING SPACE PERPENDICULAR SIGN PHARMACY PLACE OF WORSHIP POLE COVER or PYLON COVER POLE SIGN POLITICAL SIGN PORTABLE SIGN PORTICO PREMISES PRIVATE MEMBERSHIP CLUB PROJECTING SIGN PUBLIC BUILDING PUBLIC PARKING FACILITY PUBLIC SAFETY FACILITY PUBLIC UTILITY SERVICE(1) (2) PYLON SIGN QUOIN REAL ESTATE SIGN RECORDER OF DEEDS RECREATION FACILITY(1) (2) (3) (4) RECYCLING CENTERS AND PROCESSING FACILITIES REPAIR RESTAURANT(1) (2) RETAIL FOOD ESTABLISHMENT RETAIL SALES(1) (2) (3) (4) REVOLVING SIGN ROOF LINE ROOF SIGN SATELLITE PARKING FACILITY SAWMILL SCROLL SELF-STORAGE FACILITY SERVICES(1) (2) (3) (4) (5) SETBACK LINE SIGN SIGN AREA SIGN COPY SIGN FACE(1) (2) (3) SIGN STRUCTURE SIGN, TEMPORARY SI (INTERNATIONAL SYSTEM OF UNITS) SILL SITE SPECIAL EVENT SIGN STATE STORY STREET STREET, ACCESS STREET, ALLEY STREET, ARTERIAL STREET, BOULEVARD STREET, CENTER LINE OF STREET, COLLECTOR STREET, COMMERCIAL/MIXED-USE AREA BOULEVARD STREET, CUL-DE-SAC STREET, DEAD-END STREET FRONTAGE STREET LINE STREET, LOCAL STREET, LOCAL RESIDENTIAL STREET, PRIVATE STREET, SERVICE STRINGCOURSE STRUCTURE SUPERMARKET SURGICAL CENTER SWIMMING POOL TERMINAL LANDSCAPE ISLAND TRADITIONAL NEIGHBORHOOD TRANS-ILLUMINATED SIGN TRANSIT FACILITY TRANSITION TRAVEL TRELLIS UNDER CANOPY SIGN or UNDER MARQUEE SIGN USE(1) (2) VARIANCE V SIGN WALL OR FASCIA SIGN WAREHOUSE WATERWAY WAYFINDING SIGN WETLAND WHOLESALE TRADE WINDOW SIGN WINERY YARD(1) (2) (3)
ZONE
Unless otherwise stated, the following terms shall, for the purpose of this chapter, have the following meanings:
A sign that for 180 days or more no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located or a sign that for seven days or more no longer identifies or advertises an event or election.
See "use, accessory."
An extension or increase in floor area or height of a building or structure.
Physically touching or bordering upon; sharing a common boundary, but not overlapping.
See "street, alley."
Any construction or renovation to an existing structure other than a repair or addition.
A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.
A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this chapter, include the following types:
Environmentally activated: animated signs or devices motivated by wind, thermal changes, or other natural environmental input; includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
Mechanically activated: animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
Electrically activated: animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
Flashing: animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of no illumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds eight seconds.
Patterned illusionary movement: animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
Any individual submitting a plan for development under the provisions of this chapter.
An architectural feature that provides public access to building entrances, retail space and/or public space.
Any projection from a building that is decorative and/or functional and not intended for occupancy and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. See also "awning"; "back-lit awning"; "canopy (attached)"; and "canopy (freestanding)."
A change in depth of the vertical building plane or a change in building material.
The total volume of traffic during a given time period in whole days greater than one day and less than one year, divided by the number of days in that time period.
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also "Wall or fascia sign." An awning that contains a "sign" section or copy area shall comply with the applicable sign area requirements for parallel signs contained in this chapter. Only the sign or copy area displayed on an awning shall be used to determine the permitted sign area; the entire awning shall not be included in a sign area calculation. Refer also to § 440-173, Typical on-premises sign types, for a visual reference example.
An awning composed of covering material exhibiting the characteristic of luminosity obtained by means of a source of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A space partly underground and having at least half of its height underground.
A lodging place with no more than four guest rooms, or suites of rooms, available for temporary (no more than two weeks) occupancy, whose owner resides at the facility, and where meals are available only to guests at the facility.
A sign applied or affixed to the seat or back of a bench.
A locker, enclosed structure, or supervised area within a building providing for long-term bicycle protection from theft, vandalism, and weather conditions; as defined by the American Association of State Highway and Transportation Officials (AASHTO).
A stand or other device constructed so as to enable the user to secure a bicycle by locking the frame and one wheel of each bicycle parked therein. Class II bicycle storage shall support bicycles in stable, upright positions and must be easily usable with both U-locks and cable locks; as defined by the American Association of State Highway and Transportation Officials (AASHTO).
A rack constructed of steel pipe or tubing that is securely anchored to an immovable level surface. The rack design shall provide stable support for a bicycle locked against it by allowing at least two points of contact for a typical bicycle frame; as defined by the American Association of State Highway and Transportation Officials (AASHTO).
See "off-premises sign" and "commercial outdoor advertising sign."
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
Board of Adjustment for the City of Harrington.
A facility which brews ales, beers, cider, and other similar beverages. Retail and wholesale sales are only permitted for beverages produced on the premises.
[Added 10-2-2017 by Ord. No. 17-10]
The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met.
Any structure having a roof supported by columns or walls intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING, ACCESSORYA subordinate structure on the same lot as a main building in which is conducted a use that is clearly incidental and subordinate to the lot's principal use.
BUILDING, MAIN OR PRINCIPALA building in which is located the principal use of the lot on which it is located.
The International Building Code (IBC). See Chapter 102, Building Standards.
That portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation.
The vertical distance from grade plane to the average height of the highest roof surface.
A line parallel to the street line touching that part of a building closest to the street.
The three-dimensional bulk of a structure: height, width, and depth.
The proportional relationship between the mass and shape of a building and its surroundings, including the width of street, open space, and surrounding buildings.
A sign that is applied or affixed to a building.
Any piece of work that is readily movable and used or intended to be used for a period not to exceed 90 consecutive days. Such structure shall be subjected to all applicable property development standards for the district in which it is located.
A line extending through the lot, which is generally parallel to the front property line and marks the location from which the vertical plane of the front building elevation must be erected; intended to create an even building facade line along a street. The build-to-line is established on the record plan.
A structure on the roof of a building to provide headroom over a stairwell or other opening.
The outside diameter measurement of the trunk of a tree measured at a vertical distance of three feet above grade.
The basic unit of measurement of light in SI (metric) units.
The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light; also referred to as "nits."
Synonymous with "candela," but in English, not SI, terms.
A multisided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light.
A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and/or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Refer also to § 440-173, Typical on premises sign types, for a visual reference example.
A covered structure used to offer limited protection to vehicles, primarily cars, from the elements. The structure can either be freestanding or attached to a wall. Unlike most structures, a carport does not have four walls and usually has one or two.
A building or portion thereof containing mechanical facilities for the washing or waxing of passenger vehicles, recreational vehicles, or other light-duty equipment.
See "basement."
A document prepared, adopted, and certified according to the provisions of Title 22, Chapter 7 and Title 29, Chapter 92, of the Delaware Code.
Two wall planes intersecting with a diagonal cutoff such as a beveled edge.
A sign with the capability of content change by means of manual or remote input; includes the following types:
Manually activated: a changeable sign whose message copy or content can be changed manually on a display surface.
Electrically activated: a changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message center or sign (EMC)."
A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter.
A dimensional letter with a back and sides but no face at the front of the letter. Open-faced channel letters may be nonlit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube.
A dimensional letter with a face and sides but no back, opposite to an open-faced channel letter. A reverse channel letter has an open channel facing the wall or building to which it is affixed. A reverse channel letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a "backlit channel letter"; also referenced as a "halo" or "silhouette-lighted channel letter." The face of a reverse channel letter does not illuminate.
That portion of the parking area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles and parking spaces) comprise the circulation area.
Person authorized to administer and enforce this code and/or his/her designee.
A nonstructural covering designed to conceal the actual structural supports of a sign. See also "pole cover or pylon cover."
A group of people, organized for a social, educational, or recreational purpose, operating primarily neither for profit nor to render services customarily carried on by commercial businesses.
An architectural and structural element that transmits, through compression, the weight of the structure above to other structural elements below.
A permanent off-premises sign erected, maintained, or used in the outdoor environment for the purpose of providing copy area for commercial or noncommercial messages.
A building used for recreational, social, educational, and cultural activities.
An informal sketch or drawing of a site plan of sufficient accuracy to be used for discussion only and utilizing § 440-290, Contents of concept plan submittals.
A sign that is legally installed in conformance with all prevailing jurisdictional laws and ordinances.
Any retail establishment offering for sale prepackaged food products, household items, newspapers, or prepared foods, usually for off-site consumption.
The graphic content or message of a sign.
The actual area of the sign copy as applied to any background. The copy area on any individual background may be expressed as the sum of the geometrically computed shape or shapes encompassing separate individual letters, words, or graphic elements on the background. See § 440-174, Sign area computational methodology/ground signs, for computational methodology.
The uppermost section of moldings along the top of a wall or just below a roof.
Kent County, Delaware.
Centers which provide care, protection, supervision and guidance for 12 or more children, including preschool children who are related to the operator. Service is provided on a regular basis for periods of less than 24 hours per day, unattended by parent or guardian, and for compensation. The following facilities which operate for less than 24 hours per day are not included in the definition of "day-care centers":
Summer camps licensed by the Division of Public Health, or summer schools or classes for religious instruction conducted by churches during summer months, known as "Vacation Bible Schools," for periods not to exceed four weeks during a twelve-month period.
Child-care facilities established in connection with a religious institution, a business, or recreation center, in which children are provided care for brief periods of time, while parents are on the premises.
Any public or private school that provides regular and thorough instruction through at least the sixth grade in the subjects prescribed for the schools of the state, in a manner suitable to children of the same age and stage of advancement, and that reports to the State Board of Education. This exclusion shall include all programs operated by such schools and shall also include preschool education programs for handicapped persons as defined by 14 Del. C. § 3101(4).
Preschool, kindergarten and school age programs operated independently for no more than four hours per day and such preschool or kindergarten programs which operate two schedules of no more than four hours each, with each session admitting different children.
Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which a building can be located, including coverage, setbacks, height, floor area ratio, and yard requirements; also called "bulk regulations."
A letter, symbol, or graphic that is three-dimensional in character, containing height, width, and depth.
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
The amount of time a message and/or graphic is displayed on an electronic message sign.
A mode of message transition on an electronic message sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.
A facility which distills and bottles liquors and spirits. Retail and wholesale sales are only permitted for beverages produced on the premises.
[Added 10-2-2017 by Ord. No. 17-10]
An establishment that distributes and stores goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.
See "zone."
See "kennel."
A sign with two faces, back to back.
An establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
A building, or portion thereof, used as a place of residence, containing sleeping, cooking, and sanitary facilities, excluding commercial lodging facilities.
DWELLING, COTTAGEA single-family detached dwelling type with a smaller living area, yard, and lot area than standard single-family dwellings.
DWELLING, DUPLEXOne of two dwelling units attached to the other by a common wall or floor.
DWELLING, MANUFACTURED HOMEA single-family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location of jacks or foundations, connections to utilities and the like. The term "mobile home" shall not include a single-family dwelling which is designed to be placed on a permanent foundation, is not designed to be readily movable after the original occupancy as a single-family dwelling, and conforms to the City's building, plumbing, electrical, and housing codes.
DWELLING, MODULARA dwelling unit fabricated in an off-site manufacturing facility in accordance with the International Building Code, transported to the building site for final assembly on a site-built permanent foundation, is not designed to be moved once so erected or installed, and which is not constructed or equipped with a permanent hitch, and which does not have permanently attached to its body or frame any wheels or axles. Modular homes also include, but are not limited to, panelized, prefabricated, and kit homes.
DWELLING, MULTIFAMILYA building containing three or more dwelling units, including units that are located one over the other.
DWELLING, SINGLE-FAMILY DETACHEDA building containing one dwelling unit that is not attached to any other dwelling unit by any means and is surrounded by open space or yards.
DWELLING, TOWNHOUSEA single-family dwelling unit in a row of at least three, and no more than six, such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical, common, fire-resistant walls extending from ground to roof.
DWELLING UNITOne or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within for the exclusive use of a single family maintaining a household.
An electronic message sign frame effect in which the illusion of motion and/or animation is used.
Authorization by a property owner for another to use the owner's property for a specified purpose.
Any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education.
Any sign activated or illuminated by means of electrical energy.
An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an "EMC." EMCs typically use light-emitting diodes (LEDs) as a lighting source. (See also the following terms principally associated with electronic message centers: "display time," "dissolve," "dynamic frame effect," "fade," "frame," "frame effect," "scroll," "transition," and "travel.")
Any establishment (indoors or outdoors) where entertainment, either passive or active, is provided for the enjoyment of the patrons, either independent of or in conjunction with any other use.
Any sign placed outside a building.
See "illuminated sign."
See "building facade."
A mode of message transition on an electronic message sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, or not more than one boarder or roomer, not related by blood, marriage or adoption, shall not be considered to constitute one family.
Homes providing care, education, protection, supervision, and guidance in private homes on a regular basis for one to six children, not including the exclusive care of relatives. Service is provided for part of the twenty-four-hour day, unattended by parent or guardian, and for compensation.
See "wall or fascia sign."
See "animated sign, electrically activated."
When used in this chapter, the term "floodplain" refers to the area impacted by the one-hundred-year flood as depicted on the most recent Flood Insurance Rate Maps (FIRMs) developed by the Federal Emergency Management Agency (FEMA) or a more accurate topographic survey of a parcel or group of parcels which specifically identify the area impacted by the one-hundred-year flood using the FEMA-determined flood elevation.
FLOOR AREA, GROSS (GFA)The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than seven feet.
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
A set of letters, numerals, symbols, or shapes conforming to a specific set of design criteria.
An English unit of measurement of the amount of light falling upon a surface (illuminance). One footcandle is equal to one lumen per square foot. Footcandles can be measured by means of an illuminance meter.
An English unit of measurement of the amount of light emitted by or reflecting off a surface (luminance) equivalent to 3.4262591 candelas per square meter.
A complete, static display screen on an electronic message sign.
A visual effect on an electronic message sign applied to a single frame. See also "dynamic frame effect."
A sign principally supported by one or more columns, poles, or braces placed in or upon the ground; may also be referenced as a "ground sign" or "monument sign." Refer also to § 440-173, Typical on-premises sign types, for visual reference examples.
The length of an exterior building wall or structure of a single premises along either a public way or other properties that it faces.
The length of the property line(s) of any single premises along either a public way or other properties on which it borders.
A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
A structure in which plants, vegetables, flowers, and similar materials are grown for sale.
See "freestanding sign."
Any business, occupation, or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit. See Article XIII, General Regulations.
A place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than 24 hours in any week of four or more nonrelated individuals suffering from illness, disease, injury, or deformity; or a place devoted primarily to providing for not less than 24 hours in any week of obstetrical or other medical or nursing care for two or more nonrelated individuals requiring a license issued under Delaware Code, Title 16, Chapter 10, § 1003; but does not include sanatoriums, rest homes, nursing homes, or boarding homes.
The amount of light falling upon a real or imaginary surface, commonly called "light level" or "illumination." Measured in footcandles (lumens per square foot) in the English system and lux (lumens per square meter) in the SI (metric) system.
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or transilluminated); or reflecting off its surface(s) (externally illuminated).
The sum of parking lots, roads, buildings, sidewalks, or other created surfaces through which rainwater cannot pass or infiltrate the soil.
Any sign placed within a building, but not including window signs as defined by this chapter. Interior signs, with the exception of window signs, as defined, are not regulated by this chapter.
See "illuminated sign."
The boarding, breeding, raising, grooming, or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.
Child care in a private home or commercial (nonresidential) setting for seven to 12 children preschool age or younger and one or two school-age children.[1]
A structural horizontal block that spans the space or opening between two vertical supports.
A sign manufactured and labeled in accordance with specifications promulgated by a recognized testing laboratory, designed to assure compliance with applicable American National Standards (ANSI) and/or the National Electric Code (NEC).
That portion of the vehicle accommodation area used to satisfy the requirements of § 440-223, Loading and unloading space.
A designated parcel, tract, or area of land established either by plat, subdivision, or considered as a unit of property by virtue of a metes and bounds description, to be separately owned, used, developed, or built upon. See also "yard."
LOT, CORNERA lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street (not to include alleys).
LOT, DEPTHThe average distance measured from the front lot line to the rear lot line.
LOT, DOUBLE FRONTAGEA lot, other than a corner lot, that has frontage on two streets.
LOT, FRONTAGEThat side of a lot abutting on a street; the front lot line.
LOT, INTERIORA lot other than a corner lot.
LOT LINEA line of record bounding a lot that divides one lot from another lot or from a public street or any other public space.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way.
LOT LINE, REARThe line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front lot line or rear lot line.
LOT OF RECORDA lot that exists either by virtue of a metes and bounds description or by depiction on a plat or deed recorded in the Office of the County Recorder of Deeds.
LOT, WIDTHA line parallel to the front lot line and drawn through those points closest to and farthest from the street.
The removal, relocation or replacement of a lot line to make an adjustment to the lot configuration and area.
The light that is emitted by or reflected from a surface; measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units); expressed in SI units as cd/m2, and in English units as foot-lamberts; sometimes also expressed as nits, a colloquial reference to SI units; can be measured by means of a luminance meter.
The SI (metric) unit for illuminance. One lux equals 0.093 footcandle.
Major recreational equipment includes boats, boat trailers, travel trailers, pick-up campers, or coaches designed to be mounted on motor vehicles, recreational vehicles (RVs), motorized dwellings, tent trailers, personal watercraft, snowmobiles, and similar equipment as well as cases or boxes used for transporting major recreational equipment regardless of whether the equipment is inside of the boxes.
A roof-like facade comparable to an exterior building wall. See § 440-175, Comparison: roof and wall sign distinctions, for a visual reference.
See "dwelling, manufactured home."
Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors. Manufacturing includes all mechanical or chemical transformations regardless of whether the new product is finished or semi-finished as a raw material for further processing.
See "canopy sign."
See "canopy sign."
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.
A single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas, as regulated under the provisions of this chapter.
A development that contains a mix of housing types and a variety of development forms, such as size and height, as regulated under the provisions of this chapter.
See "dwelling, manufactured home."
See "dwelling, modular."
A building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.
An establishment where liquids used as motor fuels are stored and dispensed into the fuel tanks of motor vehicles, and may include facilities for the sale of other retail products.
An establishment used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles, including body, frame, muffler, wheels and brakes, painting, and similar activities.
An establishment used for the storage and display for sale of more than two motor vehicles or any type of trailer, provided the trailer is unoccupied, and where repair or body work is incidental to the operation of the new or used vehicle sales. Motor vehicles sales includes motor vehicle retail or wholesale sales.
A sign containing three or more faces.
The City of Harrington, Delaware.
The area within lot boundaries of all lands comprising the buildable area. The net acre is the gross acreage of land excluding street rights-of-way, tax ditch easements, protected environmentally sensitive land such as wetlands, and other publicly dedicated improvements, such as parks, open space, and stormwater detention and retention facilities.
A photometric unit of measurement referring to luminance. One nit is equal to one cd/m2.
A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which no longer complies with subsequently enacted laws and ordinances having jurisdiction relative to the sign.
A continued and lawful use of property, including a sign or signs lawfully installed, in accordance with laws or ordinances then existing.
Uses, structures, lots, or signs that were lawful prior to the adoption, revision, or amendment of this chapter, but as a result of the adoption, revision, or amendment of this chapter no longer comply with the current provisions of this chapter.
A facility that offers any of the following types of care or services and including, but not limited to, facilities regulated by the State Department of Health and Social Services:
ASSISTED LIVING FACILITYResidences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication and may provide other services such as recreational activities, financial services, and transportation.
EXTENDED CARE FACILITYA long-term facility or distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
INTERMEDIATE CARE FACILITYA facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.
LONG-TERM CARE FACILITYAn institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its member by marriage, blood, or adoption.
OTHERIncluding family care homes, group homes, intermediate care facilities for persons with mental retardation, neighborhood group homes, family care homes, and rest residential facilities.
A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communications equipment.
See "outdoor advertising sign." See also "wayfinding sign."
A permanently reserved, temporary storage area for one motor vehicle that is not located on, but is directly accessible to, a dedicated street which affords ingress and egress for a motor vehicle.
A sign erected, maintained, or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
A temporary parking space for one motor vehicle that is located within the street right-of-way.
Land set aside as a part of a development project that is intended and designed to be used for active recreational activities. Active open space must be free of wetlands or other site constraints that would restrict the use and enjoyment of the open space by the community. Active open space is often improved with playground equipment, playing fields, walkways, and the like.
Land set aside as part of a development project that is intended to be left in its natural state, and enjoyed for its aesthetic and ecological values. Any public use of the passive open space should be consistent with the preservation of ecological functions of the open space.
A permanent sign erected, maintained, or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. May also be referenced as an "off-premises sign," "billboard," or "commercial outdoor advertising sign."
See "wall or fascia sign."
The extension of a building facade above the line of the structural roof.
That portion of a lot that is used by vehicles for access, circulation, parking, drive-in windows, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas (spaces and aisles).
That portion of the parking area consisting of lanes providing access to parking spaces.
A portion of the vehicle accommodation area set for the parking of one vehicle.
See "freestanding sign" and "projecting sign."
A building or structure that is intended to provide prescribed and nonprescribed medication along with other items that can be used for improving health and quality of life.
A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
An enclosure designed to conceal poles and/or other structural supports of a sign. See also "cladding."
See "freestanding sign."
A temporary sign intended to advance a political statement, cause, or candidate for office.
Any sign not permanently attached to the ground and which can be removed without the use of tools.
A covered walk or porch that is supported by columns or pillars; also known as a "colonnade."
A lot, parcel, tract, or plot of land together with the buildings and structures on it.
Any club or organization that does not permit the general public to access its facilities or activities.
A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. Refer also to § 440-173, Typical on-premises sign types, for a visual reference example.
A building owned or leased, occupied, and used by an agency or political subdivision of the federal, state, county, or municipal government.
Any parking area that is available to the public at all times.
A building or structure used for the provision of public safety services, such as fire protection, emergency medical service, and rescue operations.
The generation, transmission, and/or distribution of electricity, gas, steam, communications, and water; the collection and treatment of sewage and solid waste; and the provision of mass transit to the public.
PUBLIC UTILITY SERVICE FACILITYAny use or structure associated with the provision of utility services.
PUBLIC UTILITY SERVICE LINESThe system of lines, pipes, wires, or tracks that distributes, transmits, or provides a utility service. This includes equipment that is incidental and necessary to the lines and that is located on the lines.
See "freestanding sign."
An architectural detail at the external corner of a building, including the stones used to form that corner. These stones are both structural and decorative in that they often differ in jointing, color, texture, or size from the masonry of the adjoining walls.
A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.
The Recorder of Deeds for Kent County, Delaware.
A place designed and equipped for the conduct of sports and leisure-time activities.
RECREATION FACILITY, COMMERCIALA recreation facility operated as a business and open to the public for a fee.
RECREATION FACILITY, PERSONALA recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
RECREATION FACILITY, PRIVATEA recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RECREATION FACILITY, PUBLICA recreation facility open to the general public.
A facility used for the collection and processing of recyclable materials, such as newspapers, magazines, cardboard, and other paper products, glass, metal cans, and plastic containers or materials. Processing includes the preparation of material for shipment, or an end user's specification, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include storage and lading areas on site, but do not include salvage yards or junk yards.
[Added 10-2-2017 by Ord. No. 17-10]
The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
A restaurant includes the following:
Establishments where food and drink are prepared, served, and sold primarily for consumption within the principal building.
Establishments where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside of the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
Establishments selling food or beverages for consumption off-premises either immediately or with further preparation. Such establishments may include, but not be limited to, grocery store, bakery, candy store, butcher, delicatessen, convenience store, and similar establishments.
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Characteristics of such uses include:
Usually a business place engaged in activity to attract the general public to buy.
Buys and receives as well as sells merchandise.
May process or manufacture some of its products, such as a jeweler or a bakery, but processing is secondary to principal use.
Generally sells to customers for personal or household use.
A sign that has the capability to revolve 360° about an axis. See "animated sign, mechanically activated."
The uppermost line of the roof of a building or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs. Refer to § 440-175, Comparison: roof and wall sign distinctions, for visual reference examples of roof signs and comparison of differences between roof and fascia signs.
A parking area that is located on a different parcel than the building or use which it serves.
A facility where logs or processed lumber are sawn, split, shaved, stripped, chipped, grinded, or otherwise further processed to produce lumber, wood shavings, wood chips, bedding or other wood products.
[Added 10-2-2017 by Ord. No. 17-10]
A mode of message transition on an electronic message sign in which the message appears to move vertically across the display surface.
A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on an individual basis for varying amounts of time.
Establishments primarily engaged in providing assistance, as opposed to products, to individuals, businesses, industry, government, and other enterprises, including hotels and other lodging places; personal, business, repair, and amusement services; health, legal, engineering, and other professional services; educational services; membership organizations; and other miscellaneous services.
SERVICES, BUSINESSEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.
SERVICES, PERSONALEstablishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
SERVICES, PROFESSIONALEstablishments primarily engaged in rendering services to individuals, businesses, or organizations by someone trained and engaged in such work for a career (e.g., doctors, lawyers, engineers, accountants, architects), on a fee or contract basis, and predominately on the premises of the office.
SERVICES, RETAILEstablishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including hotels and motels, finance, real estate and insurance, personal service, motion pictures, amusement and recreation services, health, educational, and social services, museums, and galleries.
SERVICES, SOCIALEstablishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and physical disabilities.
The line that is the required minimum distance from any lot line and that establishes the area within which the principal structure or an accessory structure must be placed. See also "yard."
Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, symbol, mark, point, plane, marquee sign, design, poster, pictorial, picture, stoke, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened, or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever, and displayed in any manner outdoors for advertising purposes.
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple sided signs shall be computed as 50% of the sum of the area of all faces of the sign. See § 440-174, Sign area computational methodology/ground signs, for computational methodology for various sign area configurations.
The physical sign message, including any words, letters, numbers, pictures, and symbols.
The surface upon, against, or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Refer to § 440-174, Sign area computational methodology/ground signs, for sign face computational illustrations.
In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet, or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
Any structure designed for the support of a sign.
An on-premises sign intended to display either commercial or noncommercial messages of a transitory or temporary nature, such as, but not limited to, sales, specials, promotions, holidays, auctions, business grand openings, and signs advertising the sale, lease, or vacancy of residential units. Any signs not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Symbols, figures, balloons, and other similar items shall be considered temporary signs.
The modern metric system of measurement; abbreviated SI for the French term "Le Systeme International d'Unites."
The bottom horizontal member of a wall or building to which vertical members are attached.
The ground area legally designated as a zoning lot, which may be categorized as a permanent parcel (a lot of record), multiple lots of record, or a portion of a lot of record.
A temporary sign pertaining to any civic, patriotic, or special event of general public interest.
The State of Delaware.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. A basement shall be counted as a story for the purpose of height measurement if its ceiling is over five feet above the level from which the height of the building is measured or if it is used for business purposes other than storage.
Any vehicular way that: 1) is an existing state, county, or municipal roadway; 2) is shown upon an approved plat; 3) is approved by other official action; or 4) is shown on a plat duly filed and recorded in the Office of the Recorder of Deeds prior to the appointment of the Planning Commission and the grant of power to review plats. A street includes the land between the right-of-way lines, whether improved or unimproved.
A street designed to provide vehicular access to abutting property and to discourage through traffic.
A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
A street which is used primarily for fast-moving or heavy volumes of traffic.
A street designed to carry heavy volumes of traffic from collector streets to local streets. This road serves access to over 300 dwelling units (over 3,001 ADT).
The center line of any street shown on any official municipal, county, or state records.
A street designed to carry moderate volumes of traffic from local residential streets to local streets or commercial/mixed-use area boulevards or from local streets to local streets. A residential collector street shall be used for streets serving access to 50 to 300 dwelling units (501 to 3,000 ADT).
A street designed to carry heavy volumes of traffic from collector streets to local streets. This road serves access to over 300 dwelling units over 3,001 ADT.
A street with a single common ingress and egress with a turnaround at the end.
A street with a single common ingress and egress.
See "frontage."
The line between a lot, tract, or parcel of land and an adjacent street.
A state-maintained road identified on DelDOT's Functional Classification Map.
A street designed to carry low volumes of traffic and which provides primary access to individual residential properties in residential neighborhood areas. A local residential street shall be used for streets serving access to fewer than 50 dwelling units (500 ADT or less).
A street that has not been dedicated to the municipality or the state.
A street running parallel to a freeway or an expressway that serves abutting properties, but restricts access to the freeway or expressway.
A decorative horizontal band on the exterior wall of a building. Such a band, either plain or molded, is usually formed of brick or stone.
A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
A retail establishment primarily selling food and other convenience and household goods.
A facility where outpatients come for simple surgical procedures and are not lodged overnight.
Any structure intended for swimming, recreational bathing, or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground, and on-ground pools; hot tubs; spas; and fixed-in-place wading pools.
A curbed landscape island in parking areas that are located at the end of a row of parking spaces.
A compact, mixed-use neighborhood where residential, commercial, and civic buildings are within close proximity to each other.
See "illuminated sign."
Any structure that is primarily used, as part of a transit system, for the purpose of loading, unloading, or transferring passengers.
A visual effect used on an electronic message sign to change from one message to another.
A mode of message transition on an electronic message sign in which the message appears to move horizontally across the display surface.
An architectural feature, typically a panel with crossbarred work or latticework that lets light pass through, which is affixed to a roof or exterior walls of a building. A trellis helps identify a building entry, adds architectural interest to a building facade, and can provide cover from the elements.
A sign attached to the underside of a canopy or marquee.
The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
USE, ACCESSORYA use of land or a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
USE, PRINCIPALThe primary or predominant use of any lot or parcel.
Permission to depart from the literal requirements of this chapter.
A sign containing two faces of equal size, positioned at an interior angle subtending less than 179° at the point of juncture of the individual faces.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall; also includes signs affixed to architectural projections that project from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Refer also to § 440-173, Typical on-premises sign types, and § 440-175, Comparison: roof and wall sign distinctions, for visual reference examples and comparison examples of differences between wall or fascia signs and roof signs.
A building used primarily for the storage of goods and materials.
Any body of water, including any creek, canal, river, or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.
A sign, frequently off-premises, specifically designed to provide directional or destination information.
Those areas of land which fall within the definition of "wetlands" currently used by the U.S. Army Corps of Engineers, or those adopted by the State of Delaware in accordance with the Army Corps of Engineers; or areas that are defined and delineated in accordance with the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" dated January 10, 1989, and as amended.
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.
An agricultural processing facility used for the commercial processing of grapes and other fruits into wine, or the processing of still wine into sparkling wine. Processing includes crushing, fermenting, blending, aging, storage, and bottling. Retail and wholesale sales are only permitted for beverages produced on the premises.
[Added 10-2-2017 by Ord. No. 17-10]
An open space that lies between the principal building or buildings and the nearest lot line. See also "lot."
[Amended 6-27-2016 by Ord. No. 16-08]
YARD, FRONTA space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building to the closest point of the front lot line.
YARD, REARA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
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A specifically delineated area in the municipality within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.
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Editor's Note: The former definition of "large-scale solar facility," added 10-17-2022 by Ord. No. 22-04, which immediately followed this definition, was repealed3-4-2024 by Ord. No. 24-01.