The following general rules of construction shall apply to the regulations of this chapter:
A. 
The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.
B. 
Words used in the present tense include the past and future tenses, and the future the present.
C. 
The word "shall" is always mandatory. The word "may" is permissive.
D. 
The word "building" or "structure" includes any part thereof and the word "building" includes the word "structure."
E. 
Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.
For the purpose of this chapter, certain terms and words are hereby defined as follows:
ACCESSORY BUILDING
A subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) located on the same lot as the main building or principal use of the land.
ACCESSORY USE
One which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) is located on the same lot as the principal use of the premises. When the term "accessory" is used in this chapter it shall have the same meaning as "accessory use."
AGGREGATE AREA OR WIDTH
The sum of two or more designated areas or widths to be measured, limited or determined under the provisions of this chapter.
ALLEY
A narrow public or private thoroughfare, which provides only a secondary means of vehicular access to abutting properties.
[Amended 7-13-2005 by Ord. No. 2005-7]
ANIMAL GROOMING
An establishment that bathes, clips, or combs domesticated animals, such as dogs and cats, for the purpose of enhancing their aesthetic value or health.
[Added 6-25-2014 by Ord. No. 2014-5]
APARTMENTS
A grouping of dwelling units sharing common elements which may include common outside access. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. Apartments shall contain three or more dwellings in a single structure and no more than 20 dwelling units.
[Amended 7-13-2005 by Ord. No. 2005-7]
APARTMENT HOUSE
Same as "dwelling, multiple-family."
ARTERIAL STREET
A street so designated on the major thoroughfare plan of the Town of Georgetown.
BASEMENT
That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than 1/2 of its height below grade.
BED-AND-BREAKFAST INN
An owner-occupied dwelling having fewer than six rental rooms and providing a central dining and lounging area for transient guests, with no cooking facilities in individual rooms.
BOARD
The Board of Adjustment of the Town of Georgetown.
BOARDINGHOUSE
A single-family dwelling where the owner who occupies the dwelling, for compensation and by prearrangement, for definite periods provides lodging or meals, or both, to such persons as he or she chooses to receive, but shall not include homes for persons with intellectual or developmental disabilities, handicapped, alcoholic rehabilitants or any other person whose fees are paid by a person other than the roomer or lodger. The boardinghouse shall contain lodging or meals, or both, for at least three or more persons, but shall not contain more than five guest rooms.
[Amended 5-14-2014 by Ord. No. 2014-2]
BREWERY
Establishments that are primarily a brewery, which produce more than 15,000 barrels (465,000 US gallons / 17,602.16 hectoliters) per year. A regional (small) brewery typically has an annual beer production of between 15,000 and 6,000,000 barrels. A large brewery typically has an annual beer production of more than 6,000,000 barrels.
[Added 6-26-2013 by Ord. No. 2013-11]
BUILDABLE AREA
The area of that part of the lot not included within the yards or open spaces herein required.
BUILDABLE WIDTH
The width of that part of a lot not included within the open spaces herein required.
BUILDING, COMPLETELY ENCLOSED
Any building having no outside openings other than ordinary doors, windows and ventilators.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck lines or highest point or coping or parapet of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, shed and gambrel roofs. When the highest wall of a building with a shed roof is within 30 feet of a street, the height of such building shall be measured to the highest point of coping or parapet.
BUILDING INSPECTOR
The Town Manager of the Town of Georgetown.
BUILDING, MAIN
Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BULK
A term used in this chapter to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building, and to open spaces and yards.
CANOPY
A detachable, rooflike cover, supported from the ground, deck, floor or walls of a building, for protection from sun or weather.
CERTIFICATE OF OCCUPANCY AND COMPLIANCE
A statement signed by the Town Manager setting forth that a building, structure or use legally complies with the Zoning Chapter and that the same may be used for the purposes stated therein.
CLINIC
A building or portion thereof designed for, constructed, or under construction or alteration for, or used by two or more physicians, surgeons, dentists, psychiatrists, physiotherapists or practitioners in related specialties, or a combination of persons in these professions, but not including lodging of patients overnight.
CLUB, PRIVATE
Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily to render a service which is customarily carried on as a business.
COMPLEX, BUSINESS OR PROFESSIONAL
A group of structures interconnected by parking areas, streets, sidewalks or other means with similar uses and appearance.
CONSTRUCTION, STARTING OF
The combining of labor and material into any portion of the structure, on the site thereof.
CONVALESCENT HOME
A building where regular nursing care is provided for more than one person not a member of the family which resides on the premises.
COURT
An open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.
DAY-CARE CENTER
A center which provides care, protection, supervision, and guidance for 13 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.
[Amended 10-24-2001 by Ord. No. 2001-7]
DEVELOPMENTAL DISABILITY FACILITIES
For purposes of all local zoning ordinances the following shall be construed to be a permitted single-family residential use of such property:
[Added 5-14-2014 by Ord. No. 2014-2]
A. 
GROUP HOMEA residential facility licensed or approved by a state agency serving 10 or fewer developmentally disabled persons on a twenty-four-hour-per-day basis pursuant to 16 Del. C. § 1101 and must meet minimum acceptable standards for living conditions and supports.
B. 
NEIGHBORHOOD HOMEA stand-alone house with the community that serves up to five individuals with developmental disabilities in a single-family home setting. These homes are licensed by the Division of Long-Term Care Residents Protection pursuant to 16 Del. C. § 1101 and must meet minimum acceptable standards for living conditions and supports.
C. 
REST (FAMILY-CARE) HOMESThree or fewer persons live in a home with care and supervision provided by persons who also reside on the premises pursuant to 16 Del. C. § 1101 and must meet minimum acceptable standards for living conditions and supports.
DISTRICT
Any section of the Town of Georgetown in which the zoning regulations are uniform.
DRIVE-IN
A term used to describe an establishment designed or operated to serve a patron while seated in an automobile parked in an off-street parking space.
DWELLING, MULTIPLE-FAMILY
A building designed for or occupied exclusively by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one family.
DWELLING, SINGLE-FAMILY, DETACHED
A building designed for and occupied exclusively as a residence for one family and having no party wall in common with an adjacent building, and no part of such building was formerly used as a cabin, railroad car, trailer, mobile home or travel trailer. This definition shall not include trailers, mobile homes, travel coaches, hotels, motels, motor lodges, boardinghouses and lodging houses, tourists courts, cabins or tourist homes.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families living independently of each other.
DWELLING UNIT
A room or group of rooms occupied or intended to be occupied as separate living quarters by a single family or other group of persons living together as a household or as a person living alone.
EMERGENCY HOUSING FACILITY
One main building, or portion thereof, on one zoning lot where persons who do not have housing live on a twenty-four-hour-per-day basis until more permanent arrangements can be made, but generally for not longer than 30 days. Additional requirements for living in this facility include: staffing professionally trained or certified under the supervision of the program director; twenty-four-hour-on-site staff supervision; rules and guidelines set up by the program facility must be followed to maintain residency; drugs and alcohol prohibited; convicted sex offenders prohibited and criminal background checks are done on all new referrals.
[Added 5-14-2014 by Ord. No. 2014-2]
FAMILY
One or more persons living together as a single housekeeping unit in a dwelling unit.
[Amended 5-14-2014 by Ord. No. 2014-2]
FAMILY CHILD CARE HOME
A home occupation providing care, protection, supervision and guidance in private homes for one to six children, excluding care provided by relatives. Service is provided for part of the twenty-four-hour day, unattended by parent or guardian, and for compensation. Due to a change in shifts, because of before- and after-school, or school vacation schedules, the number of children in care may temporarily exceed the capacity by three school age children for a period of time in any child-care day. These facilities are required by state law to be licensed by the State Department of Services for Children, Youth and Their Families and are recognized as Level I and Level II facilities. (Note: A large family child-care home and a day-care center are exclusive of this definition.)
[Added 10-24-2001 by Ord. No. 2001-7]
FILLING STATION
Any building, structure or land used for the sale at retail of motor vehicle fuels, lubricants or accessories, or for the servicing of automobiles or repairing of automobiles or repairing of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.
FLOOR AREA
A. 
Commercial, business and industrial buildings or buildings containing mixed uses: the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including:
(1) 
Attic space providing headroom of less than seven feet.
(2) 
Basement space not used for retailing.
(3) 
Uncovered steps or fire escapes.
(4) 
Accessory water towers or cooling towers.
(5) 
Accessory off-street parking spaces.
(6) 
Accessory off-street loading spaces.
B. 
Residential buildings: the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls.
FRONTAGE
A. 
STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
B. 
LOT FRONTAGEThe distance for which the front boundary line of the lot and street line are coincident.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity of no more than four automobiles per family housed in the building to which the garage is accessory, whichever is the greater. Space therein may be used for no more than one commercial vehicle, and that one of no more than one-ton capacity, and space may be rented for no more than two vehicles to persons other than occupants of the buildings to which such garage is accessory.
GARDEN APARTMENT
A group of multifamily dwellings on a single lot of no less than five acres in area, designed for rental of the individual housekeeping units, having common open spaces and designed in accordance with the special requirements for such dwellings as set forth in this chapter to give the maximum amount of open space per family.
GRADE
Grade elevation shall be determined by averaging the elevations of the finished ground at all the corners and/or other principal points in the perimeter wall of the building.
GUEST HOUSE
Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters, and not rented or otherwise used as a separate dwelling.
HOME OCCUPATION
Any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on by a member of a family residing on the premises, and in connection with which there is no display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation or variation from the residential character of the building, and in connection with which no more than one person outside the resident family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat or glare. When within the above requirements, a home occupation includes, but is not limited to, the following:
A. 
An art or craft studio.
B. 
Dressmaking, custom baking.
[Amended 1-8-1992 by Ord. No. 92-001; 10-24-2001 by Ord. No. 2001-7]
C. 
Professional office of physician, dentist, counselor, behavioral specialist, lawyer, engineer, architect, accountant, salesman, real estate agent or insurance agent or other similar occupation.
[Amended 10-28-2015 by Ord. No. 2015-14]
D. 
Teaching, with musical instruction limited to one or two pupils at a time.
[Amended 10-28-2015 by Ord. No. 2015-14]
E. 
Family child-care home.
[Added 10-24-2001 by Ord. No. 2001-7]
F. 
The practice of cosmetology or barbering, limited to one chair; however, a home occupation shall not be interpreted to include tattoo, massage, tourist homes, animal hospitals, tea rooms and restaurants.
[Added 10-28-2015 by Ord. No. 2015-14]
HOSPITAL
A building or group of buildings having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.
HOTEL
A building in which lodging or boarding and lodging are provided for more than 15 persons, primarily transient, or with more than 10 guest rooms offered to the public for compensation. Ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public, in contradistinction to a boardinghouse, rooming or lodging house or an apartment house, which are herein separately defined. A hotel may include restaurants, taverns, club rooms, public banquet halls, ballrooms and meeting rooms.
LARGE FAMILY CHILD CARE HOME
A center that provides care, education, protection, supervision and guidance for seven to 12 children, including preschool children who are related to the owner and/or caregivers, not including care provided exclusively for relatives. Service is provided on a regular basis for part of the 24 hour day, unattended by parent or guardian, and for compensation.
[Added 10-24-2001 by Ord. No. 2001-7]
LAUNDROMAT
A business that provides washing, drying and/or ironing machines or dry-cleaning machines for hire to be used by customers on the premises.
LOADING SPACE
A space within the main building or on the same lot providing for the standing, loading or unloading of trucks, having a minimum width of 12 feet, a minimum depth of 40 feet and a vertical clearance of at least 14 feet.
LOT
A parcel of land which may include one or more plotted lots, occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings and the yard areas and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.
LOT AREA
The total horizontal area within the lot lines of the lot.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT COVERAGE
That portion of the lot area that is covered by buildings; the building area divided by the lot area (e.g., a lot containing 10,000 square feet has principal and accessory buildings planned or existing, whose area is 2,500 square feet; thus the lot coverage is 25%).
LOT, DEPTH OF
The average horizontal distance between the front and rear lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
The boundary line of a lot.
LOT LINE HOUSE
A single-family detached dwelling unit, which is placed against one of the side lot lines. Except for the front yard setback, the lot may be enclosed with a four-foot to six-foot masonry wall providing private courtyards or garden areas.
[Added 7-13-2005 by Ord. No. 2005-7]
LOT, THROUGH (DOUBLE FRONTAGE)
A lot having a frontage on two approximately parallel streets or places.
LOT WIDTH
The horizontal distance between the side lot lines measured at the required front yard line.
MAJOR STREET OR HIGHWAY
A street or highway designated as a primary highway by the Delaware Department of Transportation.
MENTAL HEALTH FACILITIES
For purposes of all local zoning ordinances, the following shall be construed to be a permitted single-family residential use of such property:
[Added 5-14-2014 by Ord. No. 2014-2]
A. 
GROUP HOMEA residential facility providing mental health treatment, rehabilitation and housing staffed substantially full-time when residents are present for between three and 10 adults with primary diagnosis of psychiatric disabilities, licensed pursuant to 16 Del. C. § 1101 and must meet minimum acceptable standards for living conditions and supports.
MICROBREWERY
Establishments that are primarily a brewery, which produce no more than 15,000 barrels (465,000 US gallons / 17,602.16 hectoliters) of beer per year. Microbreweries sell to the general public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer): and, directly to the consumer for consumption on the premises or for retail carryout sale.
[Added 6-26-2013 by Ord. No. 2013-11]
MOBILE HOME
A one-family dwelling designed for transportation after fabrication on streets and highways on its wheels or supported other vehicles or trailers, but which is not self-propelled, and arriving at the site where it is to be occupied complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, supported on jacks or other foundations and connected to utilities and the like.
[Added 1-12-2000 by Ord. No. 00-01-01]
MOTEL, MOTOR COURT, TOURIST COURT OR MOTOR LODGE
A building without cooking facilities in which lodging, or boarding and lodging, are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boardinghouse or lodging house or a multiple dwelling; same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress and egress to rooms need not be through a lobby or office, and parking usually is adjacent to the rooms.
MULTIPLEX
An attached dwelling unit, which may be arranged in a variety of configurations: side by side, back to back or vertically. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. The essential feature is the small number of units attached. No more than six units shall be attached in any structure, and structures shall average four units each. Each unit shall have individual outside access.
[Added 7-13-2005 by Ord. No. 2005-7]
NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable use provisions of this Zoning Chapter or an amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of the chapter or amendment by reason of its location.
[Amended 1-12-2000 by Ord. No. 00-01-01]
NURSING HOME
Same as "convalescent home."
OFF-CENTER HOUSE
A single-family detached dwelling unit on an individual lot with private yards on all sides of the house. The building is set close to one side property line with a side yard which may be reduced to 5 feet and the other side yard shall be no less than 15 feet.
[Added 7-13-2005 by Ord. No. 2005-7]
OPEN AREA
That portion of a lot excluding area set aside or used for buildings, parking, loading and streets. Land devoted to recreation purposes to include land for swimming pools, tennis courts and similar recreation uses shall be considered open area for the purpose of this definition.
OVERNIGHT EMERGENCY SHELTER
One main building, or portions thereof, on one zoning lot where persons receive overnight shelter, but are not expected or permitted to remain on a twenty-four-hour-per-day basis.
[Added 5-14-2014 by Ord. No. 2014-2]
PARKING LOT, COMMERCIAL
An area used for the storage or parking of automobiles, not including mobile dwelling units, for any period of time and operated for gain.
PARKING SPACE, OFF-STREET
An all-weather surfaced area not in a street or alley and having an area of no less than 200 square feet for vertical or diagonal parking and 220 square feet for parallel parking, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. An all-weather surfaced area will be a minimum of two courses of bituminous surface treatment.
PLACE
An open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.
PREMISES
A lot, together with all buildings and structures thereon.
PROFESSIONAL USE
Offices for the use of physicians, optometrists, dentists, attorneys, architects, surveyors, engineers, insurance agents, accountants, stockbrokers, commodity brokers, real estate brokers and employment agencies, together with the right of the person practicing the professional use to have one dwelling unit in the same building as the professional use to be occupied by the person practicing the professional use or a tenant of such person.
REGISTERED COMPASSION CENTER
A not-for-profit entity registered pursuant to the Delaware Medical Marijuana Act[1] that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials to registered qualifying patients who have designated the dispenser to cultivate marijuana for their medical use and the registered designated caregivers of these patients.
[Added 4-13-2016 by Ord. No. 2016-4]
REGULATIONS
The whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols contained or referred to in this chapter.
RENTAL UNIT
A dwelling unit intended for rental to transients on a day-to-day or week-to-week basis, but not intended for use or used as permanent dwelling and not including culinary facilities.
RESIDENTIAL PLANNED COMMUNITY (RPC)
A master planned residential community providing a mixture of residential housing types as well as compatible neighborhood scale commercial uses.
[Added 7-13-2005 by Ord. No. 2005-7]
RESIDENTIAL RENTAL UNIT
A dwelling unit intended for rental on an annual or semiannual basis providing complete, independent living facilities for a single family.
RESIDENTIAL SINGLE-FAMILY LEASED COMMUNITY (RSFLC)
A community of detached single-family dwellings, which are leased to residents. Ownership of the land, homes and other structures and improvements shall be held by a single entity (the owner) who shall be responsible for the repair and maintenance of all dwellings, utilities, streets, sidewalks, landscaping, recreation facilities and other open or common space.
[Added 5-8-2023 by Ord. No. 2023-02]
RESTAURANT AND BAR, BREWPUB
Establishments that are primarily a restaurant and bar, but which include the brewing of beer as an ancillary use. A brewpub produces only enough beer for consumption on the premises or for retail carryout sale in containers commonly referred to as growlers.
[Added 6-26-2013 by Ord. No. 2013-11]
RIDING ACADEMY
Any structure or place where horses or ponies are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
ROOMING HOUSE
Any residential structure or dwelling unit which provides living and sleeping arrangements for more than five unrelated individuals or any residential structure or dwelling unit which provides single-room occupancy housing to more than five unrelated individuals: or any building housing more than five unrelated individuals which has any of the following characteristics shall be considered and regulated as a rooming house:
[Amended 5-14-2014 by Ord. No. 2014-2]
A. 
Rental arrangements are made by the rooming unit rather than the dwelling unit.
B. 
Rooming unit doors are equipped with outer door locks or chains which require different keys to gain entrance.
C. 
Kitchen facilities may be provided for joint or common use by the occupants of more than one rooming unit.
SERVANT'S QUARTERS
Living quarters within a portion of a main building or in an accessory building located on the same lot with the main building used for servants employed on the premises, such quarters having no kitchen facilities or separate utility meters, and not rented or otherwise used as a separate dwelling.
SETBACK
An area extending the full width of the lot between the street right-of-way and the building setback line within which no buildings or parts of buildings may be erected.
SETBACK LINE OR BUILDING SETBACK LINE
A line extending between the two side lot lines of a lot or a parcel of land which is parallel to, and a stated distance from, a street line.
SHELTER FOR BATTERED PERSONS/VICTIMS OF DOMESTIC VIOLENCE
One main building, or thereof, on one zoning lot where adults and children who have suffered from a pattern of abusive behavior in an abusive relationship where one partner tries to maintain control over the other by using physical, psychological, verbal, and/or sexual violence, assault or battery. Shelter is provided on a twenty-four-hour-per-day basis for a period of time generally not to exceed 60 days and is served by a program monitored by the state.
[Added 5-14-2014 by Ord. No. 2014-2]
SIGN
For a description of signs, see Article XXII.
[Amended 1-12-2000 by Ord. No. 00-01-01]
SINGLE HOUSEKEEPING UNIT
One person or two or more individuals living together sharing household responsibilities and activities which may include: sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.
[Added 5-14-2014 by Ord. No. 2014-2]
SITE PLAN
A drawing illustrating a proposed development, project or building and prepared in accordance with the specifications of Article XXVI.
SOBER HOUSE - LICENSED
A residential facility licensed or approved by a state agency occupied by more than four persons, all of whom are in recovery from chemical dependency and classified as handicapped under the Federal Fair Housing Act Amendments of 1988, that provides a noninstitutional residential environment in which the residents willingly subject themselves to written rules and conditions, including prohibition of alcohol and drug use (except for prescription medications obtained and used under medical supervision), intended to encourage and sustain their recovery. The residents of a sober house are similar to a family unit, and share kitchen and bathroom facilities and other common areas of the unit. Sober houses are financially self-supporting. This definition does not include facilities that receive operating revenue from governmental sources. Sober houses do not provide on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional and other health care services; financial management services; legal services; vocational services; and other similar supportive services.
[Added 5-14-2014 by Ord. No. 2014-2]
SOBER HOUSE - SELF GOVERNED
A dwelling unit occupied by more than four persons, all of whom are in recovery from chemical dependency and classified as handicapped under the Federal Fair Housing Act Amendments of 1988, that provides a noninstitutional residential environment in which the residents willingly subject themselves to written rules and conditions, including prohibition of alcohol and drug use (except for prescription medications obtained and used under medical supervision), intended to encourage and sustain their recovery. The residents of a sober house are similar to a family unit, and share kitchen and bathroom facilities and other common areas of the unit. Sober houses are financially self-supporting. This definition does not include facilities that receive operating revenue from governmental sources. Sober houses do not provide on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional and other health care services; financial management services; legal services; vocational services; and other similar supportive services.
[Added 5-14-2014 by Ord. No. 2014-2]
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor next above it, then the space between such floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of room decking and wall face no more than three feet above the top floor level, and in which space no more than 2/3 of the floor area is finished for use. A half-story containing independent apartments for living quarters shall be counted as a full story.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE
A dividing line separating a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as footings, bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls, excepting such repairs as may be required for the safety of the building.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground, including, but without limiting the generality of the foregoing: trailers, mobile homes, signs, swimming pools, fences, backstops for tennis courts and pergolas.
SUPPORTIVE HOUSING
This term shall collectively refer to housing for persons who may be considered disabled, handicapped or in recovery from chemical dependency, under federal or Delaware law, and shall include the following categories of defined housing in this section: "developmental disability facilities" (group home, neighborhood home, rest (family care) home); "mental health facilities" (group home); "sober house - licensed"; and "sober house - self Governed." "Transitional housing" is a type of supportive housing for homeless or at-risk homeless, and is considered supportive housing, but is not, as defined herein, housing specifically targeted to serve persons who are considered disabled, handicapped or in recovery from chemical dependency.
[Added 3-11-2015 by Ord. No. 2015-2]
A. 
Supportive housing facilities capable of serving 10 or fewer residents shall be considered a single-family residential use. See § 230-259, Supportive housing zoning matrix.
B. 
Supportive housing facilities capable of serving between 11 and 19 residents shall be considered a multiple-family residential use. See § 230-259, Supportive housing zoning matrix.
C. 
Supportive housing facilities capable of serving 20 or more residents must apply for and obtain a conditional use permit for operation in certain districts, as noted in § 230-259, Supportive housing zoning matrix.
SWIMMING POOL
Any portable pool or permanent structure containing a body of water 18 inches or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool, located and designed so as not to create a hazard to be used for swimming or wading.
TELEPHONE CENTRAL OFFICE
A building and its equipment used for facilitating transmission of telephone and radio-telephone messages between subscribers, and other business of the telephone company.
TOWNHOUSE
A multifamily dwelling unit with one dwelling unit from ground to roof, forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows or other provisions for human passage or visibility through such walls and having roofs which may extend from one of the dwelling units to another having individual outside access. A row of attached townhouses shall not exceed eight dwelling units.
[Amended 7-13-2005 by 2005-7]
TRANSITIONAL HOUSING
A type of supportive housing used to facilitate the movement of homeless (or at risk of being homeless) individuals and families to permanent housing. Generally, homeless persons may live in transitional housing for up to 24 months and receive supportive services that enable them to live more independently. The supportive services may be provided by the organization managing the housing or coordinated by them and provided by other public or private agencies. Transitional housing can be provided in one structure or several structures, at one site or in multiple structures at scattered sites.
[Added 5-14-2014 by Ord. No. 2014-2]
TWIN (DUPLEX)
A multifamily unit having only one dwelling from ground to roof and only one wall in common with another dwelling unit. There shall be no more than two dwelling units per structure.
[Added 7-13-2005 by Ord. No. 2005-7]
VILLAGE HOUSE
A single-family detached dwelling unit on an individual lot with private yards on all sides of the house. A village house differs from other forms of detached housing in its lot size and placement on the lot. It is similar to houses found in historic villages and towns. The house is placed close to the street and is additionally distinguished by planting or architectural treatments such as front porches and fences.
[Added 7-13-2005 by Ord. No. 2005-7]
WATERWAY
Any body of water, including any creek, canal, river, lake or bay, or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.
YARD
An open space, other than a court, on a lot and unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT
A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the property line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REAR
A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.
YARD, SIDE
A yard between the main building and the side line of the lot and extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and side of the main buildings or any projections thereof.
[1]
Editor's Note: See 16 Del. C. § 4901A et seq.