For the purpose 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.
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.
The use of the land for the growing and harvesting of crops,
fruit farms, nurseries and greenhouses, barns, packing but not processing
of produce raised on the premises, storage buildings, and garages
for the keeping of equipment and trucks used in farm operations.
A narrow public thoroughfare not exceeding 16 feet in width
which provides only a secondary means of access to abutting properties
and is not intended for general traffic circulation. (Commercial District
only.)
Any change in or addition to the supporting members of a
building such as walls, columns, beams, girders, posts or piers.
A suite of connected rooms intended and designed to be occupied
as a residence by one family and which has only one kitchen and at
least one complete bathroom.
[Amended 2-27-2006]
A building or structure, located on a lot or parcel, either
singly or together with other similar buildings, arranged, intended
or designed to be occupied by three but not more than 10 families
living independently of each other in individual apartments. Each
individual apartment shall consist of at least 1,000 square feet of
heated, usable living space.
[Added 2-27-2006]
An open area, not less than five acres, other than street,
used for the display, sale or rental of new or used motor vehicles
in operable condition and where no repair work is done.
Any establishment, whose primary activity is the sale of
alcoholic beverages to be consumed on the premises. "Bars" include
taverns, taprooms, lounges, pubs, and similar facilities serving alcoholic
beverages, except for restaurants.
[Added 9-22-2008]
The floor space in any restaurant that is used primarily
for the service or consumption of alcoholic beverages for patrons
waiting to be seated in the permanent seated dining area. 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 a bar area where food is served is not considered
part of the permanent seated dining area.
[Added 9-22-2008]
A story or floor having more than 25% of its clear height
below average finished grade.
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.
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 persons
whose fees are paid by persons other than the lodger.
A limited-production brewery/winery producing specialty beer,
cider and/or wine on premises and often includes a restaurant, bar
or tasting room. Beer, cider, wine produced on premises may also be
sold at retail for off-premises consumption.
[Added 3-18-2019]
A transitional area between two areas of different land uses.
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.
The square footage or other area measurement by which all
buildings occupy a lot as measured at the grade line around the foundation.
The vertical distance of a building or structure measured from the average elevation of the finished grade at a point five feet away from the foundation of the building or structure along the side(s) of the foundation facing a street to the highest point of the structure, inclusive of roofing, towers, pents, heating, air-conditioning units, and any other structural element, excluding chimneys. (Reference is made to the specific height restrictions of the district regulations, Chapter 275, Article IV.)
[Amended 6-22-2009]
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.
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.
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.
A place where patients are studied or treated by physicians
specializing in various ailments and/or dentists and where no overnight
accommodations are provided.
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.
A use in which the primary activity is one which offers directly
to the public either a product or a service.
[Added 11-11-1996; amended 12-22-2003; repealed 4-27-2009]
A building or structure, located on a lot or parcel, either
singly or together with other similar buildings comprised of three
but not more than 10 individual condominium flats or townhouses. Each
individual flat or townhouse shall consist of at least 1,000 square
feet of heated, usable living space.
[Added 9-28-2005; amended 3-27-2006[1]]
A suite of rooms in which the suite is arranged, intended
and designed to be occupied as a residence of one single family and
which has only one complete kitchen and at least one complete bathroom.
Such suites are located within a multiple-unit building with either
common or direct outside access.
[Added 9-28-2005]
A multiple-dwelling development containing individually owned
dwelling units and jointly owned and shared common elements and facilities.
All common elements and facilities are owned, controlled, and maintained
by an association of the owners of the units. Residential condominium
developments may include flats, duplexes, townhouses, and single-family
detached units.
[Added 9-28-2005]
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.
A one-story retail store, not attached to or part of a shopping
center, containing less than 5,000 square feet of gross floor area,
that is designed and stocked to sell food, beverages, and other household
supplies to customers who purchase only a few items, in contrast with
a supermarket. It is designed to attract, and depends upon, a large
volume of stop-and-go traffic. The sale of motor fuel may be accessory
to the principal use of the structure.
[Added 1-31-2005]
An establishment, not exceeding 5,000 square feet of floor
area, for the preparation, display, and sale of individually handmade
workmanship. Examples include artwork and photography, candle making,
glass blowing, jewelry making, leathercraft, pottery, sculpting, weaving,
woodworking, and related activities.
[Added 1-24-2022]
A business establishment engaged in on-site production of
custom woodworking and furniture. "Custom" is defined as individually
crafted. The fabrication portion of the business must be contained
indoors as to prevent the emission of smoke, odor, dust, or noise
from the property.
[Added 1-24-2022]
A center which provides daytime care and/or instruction for
two or more persons and operates on a regular basis.
An establishment providing health, social, and related support
services for the elderly and/or functionally impaired adults in a
protective setting for part of a day, including, but not limited to,
those facilities licensed and regulated by the State Department of
Health and Social Services pursuant to 16 DE Admin. Code Ch. 4402.
[Added 1-24-2022]
A room or series of connected rooms containing living, cooking,
sleeping or sanitary facilities for one family. The dwelling unit
shall be self-contained and shall not require the use of outside stairs,
common hallways, passing through another dwelling unit, or other indirect
route(s) to get to any portion of the dwelling unit, nor shall there
be shared living, cooking, sleeping or sanitary facilities with another
dwelling unit.
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.
A building containing one dwelling unit only and occupied
or intended to be occupied for residence purposes by one family. A
mobile home shall not be considered a detached single-family dwelling.
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.
A detached building containing two living units with a party
wall dividing the two living units; also referred to as a “duplex.”
Any establishment whose primary activity is carry-out food
services. If indoor seating is provided, it shall be limited to a
maximum of 35 patrons. Eateries shall not be permitted to sell or
distribute alcohol. In-car or drive-through service may not be provided
by an eatery.
[Added 9-22-2008]
The minimum distance of existing structures, at least 10
feet, from the street line within 500 feet in each direction of a
lot.
[Added 3-13-1997]
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.
A lot of at least five acres used for agricultural purposes.
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 40% 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.
The relatively flat land following a watercourse which could
be subject to periodic flooding based on information available from
the U.S. Army Corps of Engineers and any other official sources.
An accessory building or portion of a building only for the
parking of vehicles of the occupants or users of the principal use.
A facility that contains elements of elderly independent
living, assisted living, and nursing homes. Residents can take advantage
of the full range of services available and the ease of transfer to
a different type of facility as his or her condition and needs change
without needing to look for a new facility, relocate or adapt to a
new setting. The resident may begin in the independent living residences,
move to assisted living as he or she needs help with activities of
daily living, and eventually move to the nursing home as ongoing care
becomes necessary.
[Added 1-24-2022]
Gross floor area shall be measured by using the outside dimension
of the building, excluding the area of an attached garage, open porch,
decks 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.
The vertical distance of any structure measured from the
average elevation of the finished grade at a point five feet away
from the foundation of the structure along the side(s) of the foundation
facing a street to the highest point of the structure, inclusive of
all structural elements, roofing, towers, pents, heating, air-conditioning
units, and any other structural element, excluding chimneys.
[Added 12-22-2003; amended 2-23-2004; 6-22-2009]
Any business, occupation, or activity undertaken for gain
and conducted entirely within a dwelling unit by the residents thereof
which is clearly incidental and secondary to the use of the structure
for dwelling purposes. The home-based business shall be conducted
entirely within either the dwelling or an accessory building, but
not both.
[Added 1-24-2022]
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; one sign
is permitted on the premises, which sign is not to exceed two feet
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
the use does not reduce the parking and yard requirements of the principal
use.
[Amended 4-16-2001]
A building which:
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
from those premises.
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. Any process that would not conform
to the Delaware Coastal Zone Act would be classified in this chapter
as heavy industry.
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.
A tract or parcel of land having frontage on a public or private street. For purposes of this chapter, contiguous undersized lots under one ownership are considered one lot (see also § 275-48).
The area contained within the lot lines of a lot but shall
not include any portion of a street.
A lot on the junction of and abutting two or more intersection
streets where the interior angle of intersection does not exceed 135°.
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.
The distance between side lot lines measured along the street
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.
The horizontal distance between side lot lines measured from
the midpoint of each side lot line.
A place where patients are studied or treated by physicians
specializing in various ailments and/or dentists and where no overnight
accommodations are provided.
[Added 1-24-2022]
A business that acquires, possesses, processes, transfers,
transports, sells, distributes, dispenses, or administers cannabis,
products containing cannabis, related supplies, related products containing
cannabis, including food, tinctures, aerosols, oils, or ointments,
or educational materials for use by a qualifying patient or caregiver.
[Added 1-24-2022]
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 on its own wheels after fabrication;
which is licensed as a motor vehicle, 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 campers are not considered as mobile
homes.
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.
A building or group of buildings which:
Establishments primarily engaged in the provision of frequently
or recurrently needed goods for household consumption, such as foods
and limited household supplies, hardware and furnishings.
[Added 1-24-2022]
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.
A lot of record which does not have a minimum width, depth,
or contain the minimum area for the zone in which it is located.
A use occupying a building, structure or lot which does not
conform with the use regulations of the zone in which it is located.
A place devoted primarily to the maintenance and operation
of facilities for the treatment and care of any persons suffering
from illness, disease, deformities or injuries, not requiring extensive
and/or intensive care that is normally provided in a general hospital
or other specialized hospital, but who do require care in excess of
room and board and who need the availability of on-site medical care.
[Added 1-24-2022]
An improved surface 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
driving, fire lanes and public right-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.
Any use of land or buildings as permitted by this chapter.
An establishment wherein pets may be bathed, clipped or otherwise
groomed, but not to include facilities for overnight care, boarding,
breeding or medical treatment.
[Added 1-24-2022]
A building or structure that is intended to provide prescribed
or nonprescribed medication along with medical equipment and other
items that can be used for improving health and quality of life.
[Added 1-24-2022]
The main purpose for which a lot or building, or portion
of a lot or building is used.
The office of a physician, surgeon, dentist, architect, clergyman,
lawyer, engineer, real estate broker and 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.
A use in which the primary use is as a dwelling. (See definition
of “dwelling unit.”)
Any establishment which is regularly used and kept open principally
for the purpose of serving complete meals to persons for consideration
and which has seating at tables for 35 or more persons and suitable
kitchen facilities connected therewith for cooking an assortment of
foods under the charge of a chef or cook.
[Amended 9-22-2008]
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.
[Amended 9-22-2008]
The land and space required on the surface, subsurface, and
overhead of 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 state, federal or local authorities.
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.
A small stand (not a permanent building) for purpose of selling
produce from property owners' garden.
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.
A line drawn parallel with a street line or lot line and
drawn through the point at which the building may be placed or located
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.
A unified commercial development of not less than five stores,
shops or other commercial establishment, together with areas for internal
circulation, parking and other accessory uses consisting of one or
more lots in the same or separate ownership.
[Amended 6-28-2004]
For the purpose of this chapter, the term "sign" shall mean
and include 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.
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 Town Council.
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.
The finished elevation of the center of the street or road
which is parallel to the property.
[Added 2-23-2009]
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.
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.
Payment of surety, the clearing and grading of the site,
installation of roads, parking, circulation and utilities, and placing
of initial foundations as required or called for under the subdivision
approval process or site plan process, developer's agreement or construction
improvement plan so that the essentials necessary for meeting the
requirements established by the Town are finished.
[Added 5-24-2004]
Portable pools shall not be subject to the requirements of § 275-40 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.
Private residential swimming pools shall mean and include
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.
Public or private club swimming pools shall mean and include
either outdoor or indoor pools which are artificially constructed
to provide recreational facilities for swimming, bathing or wading.
A part of a brewpub/winebar located on the premises of a
brewery's or winery's production facilities, at which guests may sample
the products.
[Added 3-18-2019]
One single-family dwelling unit in a line of at least four
but not more than eight 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.
[Amended 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No.
2005-2]
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation or 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.
The specific purpose for which a parcel of land or a building
or a portion of either is used.
A departure from the terms of this chapter authorized by
the Board of Adjustment in accordance with State Statutes and this
chapter.
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind turbine
generator may also be deemed a windmill.
[Added 2-23-2009]
See "windmill."
[Added 2-23-2009]
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.
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.
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.
[1]
Editor's Note: This ordinance also provided
that it would be "effective as to any applications dated January 24,
2006, or later.”
