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.
ACCESSORY BUILDING, STRUCTURE OR USE
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.
AGRICULTURE
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.
ALLEY
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.)
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in or addition to the supporting members of a building such as walls, columns, beams, girders, posts or piers.
APARTMENT
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]
APARTMENT BUILDING
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]
AUTOMOBILE SALES LOT
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.
BAR
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]
BAR AREA
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]
BASEMENT
A story or floor having more than 25% of its clear height below average finished grade.
BILLBOARD
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.
BOARDINGHOUSE/BED-AND-BREAKFAST
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.
BREWPUB/WINEBAR
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]
BUFFER
A transitional area between two areas of different land uses.
BUILDING
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.
BUILDING COVERAGE
The square footage or other area measurement by which all buildings occupy a lot as measured at the grade line around the foundation.
BUILDING HEIGHT
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]
CAMPER
A. 
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.
B. 
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.
C. 
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.
CLINIC
A place where patients are studied or treated by physicians specializing in various ailments and/or dentists and where no overnight accommodations are provided.
CLUSTER DEVELOPMENT
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.
COMMERCIAL USE
A use in which the primary activity is one which offers directly to the public either a product or a service.
CONDITIONAL USE
[Added 11-11-1996; amended 12-22-2003; repealed 4-27-2009]
CONDOMINIUM BUILDING
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]]
CONDOMINIUM FLAT
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]
CONDOMINIUM, RESIDENTIAL
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]
CONVALESCENT OR NURSING HOME
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.
CONVENIENCE STORE
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]
CRAFT AND ARTISAN STUDIO
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]
CUSTOM CARPENTRY
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]
DAY-CARE CENTER
A center which provides daytime care and/or instruction for two or more persons and operates on a regular basis.
DAY-CARE CENTER, ADULT
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]
DWELLING UNIT
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.
DWELLING, MULTIFAMILY
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.
DWELLING, SINGLE-FAMILY DETACHED
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.
DWELLING, TWO-FAMILY
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.
DWELLING, TWO-FAMILY DETACHED
A detached building containing two living units with a party wall dividing the two living units; also referred to as a “duplex.”
EATERY
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]
ESTABLISHED BUILDING LINE
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]
FAMILY/COMMON HOUSEHOLD
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.
FARM
A lot of at least five acres used for agricultural purposes.
FARM STAND
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.
FLOODPLAIN
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.
GARAGE, PRIVATE
An accessory building or portion of a building only for the parking of vehicles of the occupants or users of the principal use.
GRADUATE CARE FACILITY
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
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.
HEIGHT
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]
HOME-BASED BUSINESS
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]
HOME OCCUPATION
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]
HOTEL
A building which:
A. 
Contains guest rooms, each having its only access from a central interior corridor, which are designed or intended to be used, let, or hired out for compensation;
B. 
Contains a public lobby serving the guest rooms;
C. 
May contain one or more dining rooms; and
D. 
Has full-time on-site management.
INDUSTRIAL PARK
An area wherein one or more buildings are erected in relation to one another as part of an integrated and comprehensively planned total unit whether or not the buildings are erected simultaneously or over a period of time and must meet regulations in Article IV, § 275-18.
INDUSTRIAL USE
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.
LIGHT INDUSTRY
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.
LOADING SPACE
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.
LOT
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).
LOT AREA
The area contained within the lot lines of a lot but shall not include any portion of a street.
LOT, CORNER
A lot on the junction of and abutting two or more intersection streets where the interior angle of intersection does not exceed 135°.
LOT DEPTH
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.
LOT FRONTAGE
The distance between side lot lines measured along the street line.
LOT 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.
LOT WIDTH
The horizontal distance between side lot lines measured from the midpoint of each side lot line.
MEDICAL AND DENTAL OFFICE
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]
MEDICAL CANNABIS DISPENSARY
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]
MOBILE HOME
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.
MOBILE HOME PARK
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.
MOTEL
A building or group of buildings which:
A. 
Provides for transient guest rooms with outside entrances;
B. 
Has a public lobby; and
C. 
May contain one or more dining rooms.
NEIGHBORHOOD-SCALE RETAIL
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]
NONCONFORMING BUILDING OR STRUCTURE
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.
NONCONFORMING LOT
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.
NONCONFORMING USE
A use occupying a building, structure or lot which does not conform with the use regulations of the zone in which it is located.
NURSING HOME
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]
PARKING SPACE
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.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PET-GROOMING SHOP
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]
PHARMACY
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]
PRINCIPAL USE
The main purpose for which a lot or building, or portion of a lot or building is used.
PROFESSIONAL OFFICE
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.
RESIDENTIAL USE
A use in which the primary use is as a dwelling. (See definition of “dwelling unit.”)
RESTAURANT
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]
RESTAURANT, DRIVE-IN OR DRIVE-THROUGH
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]
RIGHT-OF-WAY
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.
SATELLITE ANTENNA
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.
SEASONAL STAND
A small stand (not a permanent building) for purpose of selling produce from property owners' garden.
SERVICE STATION
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.
SETBACK LINE
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.
SHOPPING CENTER
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]
SIGN
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.
SITE PLAN REVIEW
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.
STREET
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.
STREET GRADE
The finished elevation of the center of the street or road which is parallel to the property.
[Added 2-23-2009]
STREET LINE
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.
STRUCTURE
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.
SUBSTANTIAL CONSTRUCTION
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]
SWIMMING POOL, PORTABLE
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.
SWIMMING POOL, PRIVATE RESIDENTIAL
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.
SWIMMING POOL, PUBLIC OR PRIVATE CLUB
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.
TASTING ROOM
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]
TOWNHOUSE
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]
TRAVEL TRAILER
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.
USE
The specific purpose for which a parcel of land or a building or a portion of either is used.
VARIANCE
A departure from the terms of this chapter authorized by the Board of Adjustment in accordance with State Statutes and this chapter.
WINDMILL
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]
WIND-POWERED GENERATOR
See "windmill."
[Added 2-23-2009]
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.”