As used in this chapter, the following terms shall have the
meanings indicated:
Physically touching or bordering upon; sharing a common boundary,
but not overlapping.
Any commercial establishment, business or service, or portion
thereof, which offers sexually oriented material, devices, paraphernalia
or specific sexual activities, services, performances or any combination
thereof, or in any other form, whether printed, filmed, recorded or
live, pursuant to 24 Del. C. § 1602. The term "adult entertainment
establishment" shall include but not be limited to such activities
as:
"Adult bookstore," which shall mean any corporation, partnership
or business of any kind which has as part of its stock books, magazines
or other periodicals and which offers, sells, provides or rents for
a fee:
Any sexually oriented material, and which business restricts
or purports to restrict admission to adults, within the meaning of
this chapter, or to any class of adults;
Any sexually oriented material which is available for viewing
by patrons on the premises by means of the operation of movie machines
or slide projectors;
Any sexually oriented material which has a substantial portion
of its contents devoted to the pictorial depiction of sadism, masochism
or bestiality; or
Any sexually oriented material which has as its principal theme
the depiction of sexual activity by, or lascivious exhibition of,
the uncovered genitals, pubic region or buttocks of children who are
or appear to be under the age of 18.
"Adult motion-picture theater," which shall mean an enclosed
building used for presenting film presentations which are distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specific sexual activities for observation by patrons
therein.
"Adult shows" or "adult peep shows" which shall include all
adult shows, exhibitions, performances or presentations which contain
acts or depictions of specific sexual activities.
"Conversation parlor," "relaxation studio," "health salon" or
"call service," which shall mean any commercial business, enterprise
or service which offers or which holds itself out as offering conversations
or relaxation or any other services whereby any employee, attendant
or patron is involved in specific sexual activities or representations
thereof.
"Massage establishment," which shall mean any business or enterprise
which offers, sells or provides, or which holds itself out as offering,
selling or providing, massages which include bathing, physical massage,
rubbing, kneading, anointing, stroking, manipulating or other tactile
stimulation of the human body, by either male or female employees
or attendants, by hand or by any electrical or mechanical device,
on or off the premises. This term shall not include the business or
occupation of a chiropractor, chiropodist, podiatrist, barber, nurse,
optometrist, cosmetologist, dentist, physician, massage/bodywork practitioner,
physical therapist or operator of a funeral establishment, who is
certified, registered or licensed pursuant to this title, or a hospital
which is licensed pursuant to Title 16 or athletic coach or trainer.
Production, storage, keeping, harvesting, grading, packaging,
processing, boarding, or maintenance, for sale, lease, or personal
use, of plants and animals useful to humans, including but not limited
to the following:
Forages and sod crops;
Grains and seed crops;
Bees and apiary products;
Trees and forest products;
Fruits of all kinds, including grapes, nuts, and berries;
Vegetables;
Nursery, floral, ornamental, and greenhouse products; and
Lands devoted to a soil conservation or forestry management
program.
A service roadway providing a secondary means of public access
to abutting property and not intended for general traffic circulation.
A hard surface, dust-free material capable, during ordinary
use, of withstanding without substantial deterioration, normal weather
conditions. Gravel, rock, or screenings alone, without use of a petroleum
or cement binder, does not meet the definition of an "all-weather,
dust-free material."
[Added 5-14-2018]
Any change in or rearrangement of the supporting members
of an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
Any change in either the supporting member of a building,
such as bearing walls, columns, beams, and girders, or in the dimensions
or configurations of the roof or exterior walls.
See "veterinary hospital."
Any structure or premises in which animals are boarded, groomed,
bred, or trained for commercial gain.
A facility used to house or contain stray, homeless, abandoned
or unwanted animals and that is owned, operated, or maintained by
a public body, established humane society, animal welfare society,
or other nonprofit organization devoted to the welfare, protection,
and humane treatment of animals.
A room or suite of rooms in a multiple-family dwelling intended
for use as a residence by a single family where individual units usually
share a common access, structure and similar common facilities.
A person, firm or government agency that executes the necessary
forms to obtain approval or a permit for any zoning, subdivision,
land development, building, land disturbance, or other activity regulated.
An individual licensed to practice the profession of architecture
by the State of Delaware.
A facility providing a special combination of housing, supportive
services, supervision, personalized assistance, and health care designed
to respond to the individual needs of those who need help with activities
of daily living (such as ambulating, transferring, range of motion,
grooming, bathing, dressing, eating, and toileting) and/or instrumental
activities of daily living (home management skills, such as shopping
for food and personal items, preparing meals, or handling money),
including those facilities licensed pursuant to 16 DE Admin. Code
Ch. 3225.
A self-propelled, free-moving vehicle, with not more than
two axles, usually used to transport passengers and licensed by the
appropriate state agency as a passenger vehicle.
Definitions include the following:
MAJOR REPAIR SERVICESGeneral repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, welding, and major painting service.
MINOR REPAIR SERVICESReplacement or repair of any motor vehicle part that does not require removal of the engine head or pan, engine transmission, or differential, but may include incidental body and fender work, minor painting, and upholstering service.
Use of land and buildings for the display, sale, rental,
or lease of new or used automobiles, light trucks, vans, trailers,
recreation vehicles or sport utility vehicles (SUVs).
Building, land, or premises used for the retail dispensing
or sales of vehicular fuels, servicing and repair of motor vehicles
and, as accessory uses, the sale and installation of lubricants, tires,
batteries, and similar vehicle accessories.
The flood that has a one-percent chance of being equaled
or exceeded in any given year, also referred to as the "one-hundred-year
flood."
A story in a building having a floor partly below the finished
graded but having more than 1/2 of its height (measured from the finished
ceiling) above the average level of the finished grade where such
grade abuts the exterior walls of the building. A basement shall be
considered as one story in determining the permissible number of stories.
A small inn, maintained as an incidental use to the principal use of the building as a single-family dwelling. See Article XII, § 197-93C(1).
State-of-the-art technology as applied to a specific problem
which includes a schedule of activities, prohibited practices, managerial
techniques, and maintenance; most often applied to environmental problems,
such as, but not limited to, nonpoint-source pollution problems.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to the continuity of development.
A Board appointed by Mayor and Council to hear appeals of orders, requirements, decisions and similar actions taken in the enforcement of this chapter; to hear arguments for special exceptions; and to authorize variances from strict application of provisions of this chapter. See § 197-19.
Lewes Board of Public Works, authorized by an act of the
General Assembly on March 15, 1901, to establish, control and regulate
an electric light plant, water works, and a sewer system for the City
of Lewes.
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been met.
Any structure having a roof supported by columns or walls
intended for the shelter, housing, or enclosure of any individual,
animal, process equipment, goods, or materials of any kind.
Chapter 70 of the Code of the City of Lewes.
Subject to approval by the Historic Preservation Commission pursuant to Article VI of this chapter, the height of any single-family dwelling located in the Historic District and in public view may be increased to the same height as any other existing single-family dwelling within 100 feet of the front property line, on the same side of the street and within the same block. An exception to the height limit of 30.5 feet may be granted by the Historic Preservation Commission, if recommended by the Building Official, to accommodate architectural features of a roof or roofline. A flat roofline beyond the 30.5-foot limit shall not be grounds for granting an exception. Upon confirmation by the Building Official that all applicable requirements are met, an addition to an existing single-family structure that is located within the Historic District, but will not be in public view, may be built to the height of the existing structure to maintain existing rooflines and architectural features. No structure shall exceed the height of 36 feet.
[Amended 7-9-2012]
A line parallel to the street line touching that part of
a building closest to the street.
Where there are established buildings, the structure (excluding
open porches or decks, screened or unscreened) which is closest to
the street on the same side of said street within the same block.
In the case of lots fronting on two streets, the street with an established
building line of the fronts of established buildings shall be used.
Corner lots shall not determine the established building line.
A subordinate structure on the same lot as a main building in which is conducted a use that is clearly incidental and subordinate to the lot's principal use. Accessory buildings and structures are further defined in § 197-52.
A structure in which is located the primary use of the lot
on which it is located.
A warehousing and wholesaling operation involving the storage
of chemicals, petroleum products, grains, and other materials in structures
for subsequent resale to distributors, retail dealers, or outlets.
A space in a building below the first-floor joists with at
least half of the clear ceiling height being below the main level
of the adjacent ground and which shall not be used for human habitation.
Property used for the interment of the dead.
"The City of Lewes" as exists pursuant to Section 1 of the
Lewes City Charter as existing or amended subsequently.
The governing body of the City of Lewes consisting of the
Mayor and four Councilpersons as described in Section 4 of the Lewes
City Charter as existing or amended subsequently.
Groups of people, organized for a social, educational, or
recreational purpose, operating primarily neither for profit nor to
render services customarily carried on by commercial businesses.
Institutions authorized by the state to award associate,
baccalaureate, or higher degrees.
A facility used for recreational, social, educational, and
cultural activities, open to the public or a designated part of the
public.
COMMUNITY CENTER, PRIVATEA community center owned and operated by other than a public or nonprofit group or agency.
COMMUNITY CENTER, PUBLICA community center owned and operated by either a public or nonprofit group or agency.
Land used for agricultural uses (as defined herein) by organized
groups of community members.
A document in text and maps prepared and adopted by the municipality
in accordance with 22 Del. C. § 702.
A legal form of real estate ownership — not a type
of dwelling unit or building style — where a building, or group
of buildings, in which dwelling units, offices, or floor area is owned
individually, and the structure, common areas, and facilities are
owned by all the owners on a proportional, undivided basis.
A recreational facility, usually restricted to members and
their guests, which generally includes a clubhouse, dining and eating
establishments, and recreational facilities such as golf courses,
tennis courts, and swimming pools.
Sussex County, Delaware.
Establishments that are primarily a distillery or brewery, which produce no more than 100,000 proof gallons of spirits per calendar year or 7,000 barrels (217,000 US gallons) of beer, mead and cider per calendar year. See § 197-45.
[Added 5-24-2021]
Child day care includes the following types of facilities.
FAMILY CHILD-CARE HOMEA private home in which care, education, protection, supervision, and guidance is provided on a regular basis for one to six children, including, but not limited to, those facilities licensed by the State Department of Services for Children, Youth and Their Families pursuant to 9 DE Admin. Code Ch. 103.
LARGE FAMILY CHILD-CARE HOMEA private home in which care, education, protection, supervision and guidance is provided on a regular basis for seven to 12 children, including, but not limited to, those facilities licensed by the State Department of Services for Children, Youth and Their Families pursuant to 9 DE Admin. Code Ch. 104.
CHILD DAY-CARE CENTERA place that provides care, protection, supervision and guidance for seven or more children, including, but not limited to, those facilities licensed by the State Department of Services for Children, Youth and Their Families pursuant to 9 DE Admin. Code Ch. 101.
An establishment providing for the care, supervision, and
protection of persons away from their homes.
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.
Any of the following:
Subdivision pursuant to Chapter 170 of the Code of the City of Lewes.
The construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure.
Any mining excavation, landfill, or land disturbance.
Any use or extension of the use of land.
Any action requiring "development plan approval" as provided
for in this chapter.
An establishment that stores and distributes goods, products,
cargo, and materials, including shipment by boat, rail, air, or motor
vehicle.
See "zoning district."
A building used as a place of residence, containing sleeping,
cooking, and sanitary facilities, excluding commercial lodging facilities.
One or more rooms, designed, occupied or intended for occupancy
as a separate living quarter, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
One or more apartments located only above a commercial use
and only located on floors above street level.
A single-family dwelling unit constructed in a group that
is attached or would shares a common wall or floor with one or more
single-family dwellings. Attached dwellings do not share a common
hallway or egress.
[Amended 10-15-2018]
A building containing one dwelling unit that is not attached
to any other dwelling by any means, is surrounded by open space or
yards, and does not have any roof, wall, or floor in common with any
other dwelling unit.
A dwelling unit fabricated in an off-site manufacturing facility
for installation or assembly at a building site and bearing a label
certifying that it is built in accordance with Federal Manufactured
Home Construction and Safety Standards, which became effective on
June 15, 1976.
A transportable dwelling unit fabricated in an off-site manufacturing
facility, designed to be a permanent residence and built prior to
June 15, 1976, on which the Federal Manufactured Home Construction
and Safety Standards became effective.
A dwelling fabricated in an off-site manufacturing facility
in accordance with the City of Lewes, Delaware, Residential Code (IRC).
Modular homes also include, but are not limited to, panelized, prefabricated,
and kit homes.
A building containing three or more attached dwelling units,
not to exceed eight units, with shared hallways and egress.
A building containing one dwelling unit and that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
A single-family dwelling unit constructed in a group of three
to seven units in which each unit extends from foundation to roof
and with a yard or public way on at least two sides.
[Amended 6-10-2013]
A building containing two dwelling units arranged side by
side, where each unit is totally separated from the other by an unpierced
wall extending from ground to roof.
Authorization by a property owner for another to use the
owner's property for a specified purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
See "colleges and universities" and "schools."
An individual licensed to practice the profession of engineering
by the State of Delaware.
Detachment and movement of soil or rock fragments or the
wearing away of the land surface by water, wind, ice, or gravity.
See "building height, established."
See "building line, established."
A single person occupying a dwelling unit and maintaining
a household or two or more persons related by blood or marriage or
adoption occupying a dwelling unit, living together and maintaining
a common household, or unrelated persons occupying a dwelling unit
and maintaining a common household. It shall be a rebuttable presumption
that four or more persons living together in a single dwelling unit,
who are not related by blood or marriage or adoption, do not maintain
a common household.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
See "restaurant, fast-food."
Sand, gravel, earth, or other materials of any composition
whatsoever placed or deposited by humans usually to form an embankment
or raise the elevation of the land surface.
Any land area susceptible to being inundated by floodwaters
from any source.
Definitions are as follows:
FLOOR AREA, GROSSThe sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than seven feet.
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FLOOR-AREA RATIO (FAR)The gross floor area of all buildings or structures on a lot divided by the total lot area.
A deck, building, structure of part thereof, used for the
parking and storage of vehicles.
Shall include any building, land area, premises, or portion
thereof, where gasoline or other petroleum products or fuels are sold
and light maintenance activities such as engine tune-ups, lubrication,
incidental repairs and carburetor cleaning may be conducted.
Shall not include premises where heavy motor vehicle maintenance
activities such as engine overhaul, motor vehicle painting, and body
or fender work are conducted.
A gasoline station (See "gasoline station."), fast-food restaurant
(See "restaurant, fast-food."), and convenience store (See "retail
store, convenience."[2]) located on the same lot and planned, operated, and maintained
as an integrated planned development.
A freestanding structure with a roof which shall come to
an apex at the ridge with eave heights not to exceed eight feet and
a maximum height of 15 feet as measured from the midpoint of the building
at the grade to the midpoint of the apex, and which structure will
be open on its sides, such that all areas of the building above four
feet shall consist of either windows or screening. A gazebo shall
not exceed 200 square feet. The structure shall not contain any of
the following: sleeping facilities, rest rooms, shower facilities,
kitchen.
An individual who is registered in the State of Delaware
to practice the profession of geology.
A tract of land laid out for at least nine holes for playing
the game of golf that may include a clubhouse, dining and snack bars,
pro shops, and practice facilities.
Definitions are as follows.
"Local": provided by the Mayor and Council of the City of Lewes
or the Board of Public Works to promote the health, welfare, and public
safety of the citizens of Lewes.
"Nonlocal": provided by a governmental entity other than the
Mayor and Council of the City of Lewes or the Board of Public Works
subject to the review and approval of the Mayor and Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions, including but not limited to general
or specialty hospitals, public health centers, diagnostic centers,
treatment centers, rehabilitation centers, extended care facilities,
long-term care facilities, residential health care facilities, outpatient
clinics, and dispensaries and customary accessory uses such as laundries,
restaurants, gift shops, laboratories, pharmacies, and medical offices.
The vertical distance of a building measured from a point where the center line of a building to be erected intersects with the center line of the street on which the building will face to the highest point of the highest roof. See § 197-55.
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. See § 197-45.
A place devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment, or care, for not less
than 24 hours in any week, of four or more nonrelated individuals
suffering from illness, disease, injury, or deformity or a place devoted
primarily to providing for not less than 24 hours in any week of obstetrical
or other medical or nursing care for two or more nonrelated individuals
requiring a license being issued under 16 Del. C. Ch. 10, § 1003,
but does not include sanatoriums, rest homes, nursing homes, or boarding
homes.
A building having six or more rental rooms, which may include
individual cooking facilities, for transient guests. An office for
the renting and management of accommodations and a restaurant designed
primarily for the use of overnight guests may be included.
That portion of a structure that is visible, or could be
visible in the absence of a fence or landscaping, from the section
of a public right-of-way or public street upon which the dwelling
fronts. If the dwelling is located on more than one street, then that
portion of a structure that is visible, or could be visible in the
absence of a fence or landscaping, from any section of a public right-of-way
or public street abutting a property line of the property on which
the structure exists.
[Amended 7-9-2012]
Those fields of economic activity including forestry, fishing,
hunting and trapping, mining, construction, manufacturing, transportation,
communications, electrical, gas, and sanitary services, and wholesale
trade.
An individual licensed to practice the profession of land
surveying by the State of Delaware.
An individual licensed to practice the profession of landscape
architecture by the State of Delaware.
All or any portion thereof of a residential dwelling unit
used as a place regularly rented for dwelling, lodging or sleeping
purposes to one party with a duration of occupancy of greater than
30 consecutive days. Hotels, motels, and other land uses explicitly
defined and regulated in this chapter separately from long-term rentals
are not considered to be long-term rentals.
[Added 10-10-2022]
A designated parcel, tract, or area of land established either
by plat, subdivision, or considered as a unit of property by virtue
of a metes and bounds description, to be separately owned, used, developed,
or built upon.
LOT, CORNERA lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
LOT, FLAGA lot where access to the public road is by a private right-of-way or driveway.
LOT, INTERIORA lot other than a corner lot.
LOT LINEA line of record bounding a lot that divides one lot from another lot, a public street, or any other public space.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way.
Exception: the front lot line of properties on the beach side
of Bay Avenue shall be the Delaware Bay side of the property.
[Added 10-10-2022]
LOT LINE, REARThe line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
LOT, THROUGHA lot that fronts on either two parallel streets or two streets that do not intersect at the boundaries of the lot, i.e., a corner lot; also called a "double-frontage lot."
The percentage of a lot which is covered with impervious
surfaces. Driveways and parking areas outside of the right-of-way
are included in the lot coverage with the following allowances:
[Amended 5-13-2024]
Driveways and parking areas where shells, or stones greater
than 3/8 inch diameter, or other defined pervious materials are used,
are calculated at 50% of the area of the driveway/parking area.
Driveways and parking areas where test showing infiltration
rates exceeding two inches per hour (per DNREC specifications), or
surfaces installed in accordance with manufacturer's/engineer's specification
for pervious surface systems, shall be calculated at 25% of the area
of the driveway/parking area.
The average distance measured from the front lot line to
the rear lot line.
The length of front lot line measured at the street right-of-way
line.
 |
A lot that exists either by virtue of a metes and bounds
description or by depiction on a plat or deed recorded in the office
of the Sussex County Recorder of Deeds.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line, i.e.,
the buildable width of a lot.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as lubricating oils, plastics, resins, or liquors.
Includes all mechanical or chemical transformations regardless
of whether the new product is finished or is semifinished as a raw
material for further processing.
A facility for the storing, servicing, fueling, berthing,
and securing of boats or providing services to boats and the occupants
thereof, and sale of fuel and supplies. If the marina is in an Open
Space District, the following uses and services shall not be permitted:
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients are not lodged overnight.
See "dwelling, mobile home."
See "dwelling, modular."
A self-propelled device licensed as a motor vehicle used
for transportation of people or goods over roads.
A museum is a permanent institution, campus, or building
in the service of society open to the public, which acquires, conserves,
researches, communicates and exhibits the tangible and intangible
heritage of humanity and its environment, for the purposes of education,
study, and enjoyment.
[Amended 3-14-2022]
A museum exhibition is an object or collection of objects
(including buildings) or artifacts on public display as part of a
museum.
[Added 3-14-2022]
Residential facilities providing shelter and food to more than
one person who:
Include, but are not limited to, facilities licensed and regulated
pursuant to 16 Del. C. Ch. 11, such as nursing facilities (commonly
referred to as "nursing homes"), assisted living facilities, intermediate
care facilities for persons with intellectual disabilities; neighborhood
group homes; family care homes; rest residential facilities; retirement
homes, rehabilitation homes, and hospices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A facility offering in-patient beds and medical services,
including continuous nursing services, to provide various levels of
treatment for patients who do not currently require continuous hospital
services and including, but not limited to, facilities licensed and
regulated by the State Department of Health and Social Services pursuant
to 16 Del. C. Ch. 11.
NURSING HOME, INTERMEDIATE CAREA nursing home that provides care to residents who may need a minimum of medical care but require a great deal of physical and emotional support to return them to a previous level of, or a new stage of, independence or to prevent regression; can involve direct aid given in getting out of bed, walking, bathing, dressing, feeding and administration of medications, and similar forms of assistance on a regular basis, including those licensed and regulated by the State Department of Health and Social Services, Division of Long Term Care Residents Protection, pursuant to 16 DE Admin. Code Ch. 3201 and whose characteristics include the following:
NURSING HOME SKILLED CAREA nursing home that provides the highest level of nonhospital care, including those licensed and regulated by the State Department of Health and Social Services, Division of Long Term Care Residents Protection, pursuant to 16 DE Admin. Code Ch. 3201 and whose characteristics include the following:
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files, and communications equipment.
Same as "base flood."
A zoning district that encompasses one or more underlying
(i.e., base) zones and that imposes additional requirements above
those required by the underlying zone.
PARKING LOTA collection of five or more parking spaces (as defined herein) at grade with an all-weather surfaced area and connected with a street or alley by a paved driveway that affords ingress and egress for a motor vehicle without requiring another motor vehicle to be moved.
PARKING GARAGEA collection of parking spaces (as defined herein) that is on more than one level with an all-weather surfaced area and connected with a street or alley by a paved driveway that affords ingress and egress for a motor vehicle without requiring another motor vehicle to be moved.
That area required to park one vehicle. The minimum requirement
is 162 square feet, measured with a minimum width of nine feet and
a minimum length of 18 feet.
Land, a playground, recreation center, or any other public
area in the City owned or used by a public entity and devoted to active
or passive recreation.
A parcel or parcels of land or an area of water, or a combination
of land and water, which is permanently protected, by legal means,
from development. "Permanent open space" may be public or common space
or may be part of a private lot.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
A lot, parcel, tract, or plot of land together with the buildings
and structures on them.
A building, owned or leased, occupied and used by an agency
or political subdivision of the federal, state, county, or City government.
A building or room containing collections of books, periodicals,
films, recorded music, and other forms of information organized systematically
and kept for research, reference or borrowing, that has been approved
as a public library by the Delaware Division of Libraries, and which
is built on publicly owned lands.
[Added 11-9-2015]
A building or structure used for the provision of public
safety services, such as fire protection, emergency medical service,
and rescue operations.
An organization that helps furnish, maintain, or protect
the public's health, safety, welfare or education. The goals of public
service organizations foster the core values of the City of Lewes.
The generation, transmission, and/or distribution of electricity,
gas, steam, communications, and water; the collection and treatment
of sewage and solid waste; and the provision of mass transit to the
public.
PUBLIC UTILITY SERVICE FACILITYAny use or structure associated with the provision of utility services.
PUBLIC UTILITY SERVICE LINESThe system of lines, pipes, wires, or tracks that distributes, transmits, or provides a utility service. This includes equipment that is incidental and necessary to the lines and that is located on the lines.
Any system, other than an individual septic tank, tile field,
or individual well, that is operated by the City, a governmental agency,
a public utility, or a private individual or corporation approved
by the City and licensed by the appropriate state agency, for the
collection, treatment, and disposal of wastes and the furnishing of
potable water.
The Recorder of Deeds for Sussex County, Delaware.
A place designed and equipped for the conduct of sports and
leisure-time activities.
RECREATION FACILITY, COMMERCIALA recreation facility operated as a business and open to the public for a fee.
RECREATION FACILITY, PERSONALA recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
RECREATION FACILITY, PRIVATEA recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RECREATION FACILITY, PUBLICA recreation facility open to the general public.
Discovering new knowledge about concepts, methods, processes,
materials, products, and services and then applying that knowledge
to create new and improved methods, processes, materials, products,
and services that fill market needs. This can include the design,
development, and testing of biological, chemical, electrical, magnetic,
mechanical, and/or optical components in advance of product manufacturing.
The accessory development, fabrication, and light manufacturing of
prototypes, or specialized machinery and devices integral to research
or testing, may be associated with these uses.
A mixed-use development, not less than or equal to 20 acres,
creating a suitable living environment through a combination of dwelling
types, and may have amenities such as community buildings, recreational
facilities (tennis courts, swimming pool, bike or multi-use trails)
and may support commercial establishments. The RPC shall adhere to
the goals of the Comprehensive Land Use Plan. Commercial uses of convenience
and necessity to the development may be allowed.
[Amended 8-13-2018]
Establishments where food and drink are prepared, served, and
sold primarily for consumption within the principal building; and
Establishments where food and/or beverages are sold in a form
ready for consumption, where all or a significant portion of the consumption
takes place or is designed to take place outside of the confines of
the restaurant, and where ordering and pickup of food may take place
from a motor vehicle.
A brewpub shall produce only enough beer for consumption on
the premises or for retail carry-out sale in containers having no
more than one U.S. gallon (3,785ml/128 U.S. fluid ounces). No more
than 50% of the total gross floor area of the establishment shall
be used for the brewery function, including, but not limited to, the
brewhouse, boiling and water treatment areas, bottling and kegging
lines, malt milling and storage, fermentation tanks, conditioning
tanks and serving tanks.
[Added 5-24-2021]
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building, in vehicles on the premises, or off the premises.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods and whose characteristics
include the following: 1) Usually business places engaged in activity
to attract the general public to buy; 2) Buy and receive as well as
sell merchandise; 3) May process or manufacture some products —
a jeweler or a bakery — but processing is secondary to principal
use; and 4) Generally sell to customers for personal or household
use:
RETAIL STORE, CONVENIENCEAny retail sales establishment consisting of 5,000 square feet or less selling primarily food products, household items, newspapers, magazines, candy, and beverages, and a limited amount of freshly prepared foods, such as sandwiches and salads, for off-premises consumption.
SHOPPING CENTERA group of commercial establishments planned, constructed, and managed as a total entity in accordance with an approved plan, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage.
SHOPPING MALLA shopping center with stores on both sides of an enclosed or open pedestrian walkway.
Land occupied or intended to be occupied by a street, crosswalk,
railroad, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, shade trees, or another special use.
A transportation route designated by the Delaware Department
of Transportation (DelDOT) which is adjacent to or travels through
an area that has particular intrinsic scenic, historic, natural, cultural,
recreational, or archaeological qualities. It offers an alternative
route to major highways, while telling a story about Delaware's heritage,
recreational activities, or beauty. A scenic byway can also be called
a "scenic and historic highway."
Any building, or part thereof, that is designed, constructed,
or used for education or instruction in any branch of knowledge, other
than a college or university; includes, but is not limited to, elementary,
secondary, vocational, business, arts, and culture.
Deposited silt (see definition in this article) that is being
or has been removed by water, ice, wind, gravity, or other means of
erosion.
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes leased or rented on individual
leases for varying amounts of time.
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, businesses, industry, government,
and other enterprises, including hotels and other lodging places;
personal, business, repair, and amusement services; health legal,
engineering, and other professional services' educational services;
membership organizations; and other miscellaneous services:
SERVICES, BUSINESSEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photofinishing; and personal-supply services.
SERVICES, HEALTH CAREEstablishments providing support to medical professionals and their patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
SERVICES, PERSONALEstablishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
SERVICES, RETAILEstablishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal service, motion pictures, amusement and recreation services, health, educational, and social services, museums, and galleries.
SERVICES, SOCIALEstablishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and physical disabilities.
The line that is the required minimum distance from any lot
line and that establishes the area within which the principal structure
must be placed. See also "yard."
All or any portion thereof of a residential dwelling unit
which is advertised or held out to the public as a place regularly
rented for dwelling, lodging or sleeping purposes to one party with
a duration of occupancy of 30 consecutive days or less. Hotels, motels,
and other land uses explicitly defined and regulated in this chapter
separately from short-term rentals are not considered to be short-term
rentals.
[Added 10-10-2022]
Finely divided particles of soil or rock, often carried in
cloudy suspension in water and eventually deposited as sediment.
A water area that is used for the wet storage or temporary
docking of a single watercraft in conjunction with a pier, dock, piling,
buoy or other similar facilities and shall include the following:
[Added 8-12-2013]
A large open or enclosed place used for games and major events
and partly or completely surrounded by tiers of seats for spectators.
The State of Delaware.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it. A basement shall be counted as a story for the purpose
of height measurement if its ceiling is over five feet above the level
from which the height of the building is measured or if it is used
for business purposes other than storage.
A partial story under a gable, hip, or gambrel floor, the
wallplates of which on at least two opposite sides are not more than
two feet above the floor of each story.
Any vehicular way that is 1) an existing state, county, or
City roadway; 2) shown upon an approved plat; 3) approved by other
official action; 4) shown on a plat duly filed and recorded in the
office of the Sussex County Recorder of Deeds prior to the grant of
power to review plats. A street includes the land between the right-of-way
lines, whether improved or unimproved.
STREET, ACCESSA street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET, ALLEYA service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
STREET, CENTER LINE OFThe center line of any street shown on any official City, county, or state records.
STREET, COLLECTORA street that collects traffic from local streets and connects with minor and major arterials.
STREET, CUL-DE-SACA street with a single common ingress and egress with a turnaround at the end.
STREET, DEAD-ENDA street with a single common ingress and egress.
STREET, PRIVATEA street that has not been accepted by the City or the state.
STREET, SERVICEA street running parallel to a freeway or an expressway that serves abutting properties but restricts access to the freeway or expressway.
See "lot frontage."
The line between a lot, tract, or parcel of land and an adjacent
street.
A combination of materials to form a construction for use,
occupancy, or ornamentation, including but not limited to buildings,
sheds, outbuildings, fences, storage tanks; signs; bulkheads; jetties;
groins, whether installed on, above, or below the surface of land
or water.
See Chapter 170 of the Code of the City of Lewes.
A retail establishment primarily selling food and convenience
or household goods.
"Neighborhood shopping" provides sites for convenient retail
and personal service establishments for a small area, with a minimum
impact upon adjoining or surrounding residential development. Preferably,
each portion of the district should be small and compact in area.
Permitted uses include a retail store or shop for the performance
of personal services; provided that:
No manufacturing, wholesaling or jobbing shall be carried on
therein.
There shall be no restaurant or lunchroom and retail food sales.
No merchandise shall be carried other than that intended to
be sold at retail on the premises.
Operations shall be limited to the hours between 6:00 a.m. and
12:00 midnight.
Motor vehicle parking for occupants or customers of the building permitted are subject to the provisions of Article VII.
Any sign is subject to compliance with Article VIII.
A surface composed of any material that significantly impedes
or prevents the natural infiltration of rainfall into the soil. This
includes, but is not limited to roofs, concrete surfaces, asphalt
surfaces, structures, nonpervious pavers, sidewalks, swimming pools,
and multipurpose courts; and any material that does not meet the definition
of "pervious."
[Amended 4-8-2024]
Any material or surface that allows rainfall to infiltrate
into the soil. This includes, but is not limited to, grass, meadows,
planting beds, mulch, 1/4 inch spaced decking above pervious surfaces,
washed[5] gravel and stones greater than 3/8 inch diameter, shells,
pervious pavers, porous pavement, and/or any material that, when tested,
has an infiltration rate greater than two inches per hour.
[Amended 4-8-2024]
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A facility where outpatients come for simple surgical procedures
and are not lodged overnight.
A building or part of a building used to show motion pictures
or for drama, dance, musical, or other live performances.
See "colleges and universities."
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
USE, ACCESSORYA use of land, or a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
USE, PRINCIPALThe primary or predominant use of any lot or parcel.
A variance from the strict application of the provisions of this Code and granted by the Board of Adjustment. See Article II, § 197-19C(3) and Article XII, § 197-92.
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use.
A building used primarily for the storage of goods and materials.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
An open space that lies between the principal building or
buildings and the nearest lot line.
YARD, FRONTA space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building to the closest point of the front lot line.
YARD, REARA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
 |
A specifically delineated area in the City within which uniform
regulations and requirements govern the use, placement, spacing, area,
height, and bulk of land and buildings.
[1]
Editor's Note: See also § 197-9, Interpretation of language, and other definitions that appear in various sections of this chapter.
[2]
Editor's Note: See the definition of "retail sales," Subsection
A.
[3]
Editor's Note: See 16 DE Admin. Code Ch. 3230.
[4]
Editor's Note: See 16 DE Admin. Code Ch. 3315.
[5]
Note: After the raw gravel product is crushed and sized, a
special machine gives it a thorough scrubbing to remove all traces
of dust and debris. Washed gravel provides the perfect environment
for rainwater to naturally flow, reducing the risk of puddling and
oversaturation. (Tigard Sand & Gravel 2023)
