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]
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, 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, 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.
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, 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:
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 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 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]
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 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.
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.