Except as otherwise provided in this section,
all words shall have the customary dictionary meaning. The present
tense includes the future tense and the future includes the present
tense. The singular number includes the plural and the plural includes
the singular. The word "person" includes a firm, corporation, association,
organization, trust or partnership. The word "lot" includes "plot"
or "parcel." The word "building" includes "structure" and includes
any part thereof. The word "shall" is always mandatory. The words
"used" or "occupied" as applied to any building or land shall be construed
to include the words "intended, arranged or designed to be used or
occupied." The word "map" means the "Official Zoning Map for Kent
County, Delaware."
As used in this chapter, the following terms
shall have the meanings indicated:
A separate and subordinate dwelling unit that is located
on the same lot as a single-family dwelling but is contained in a
detached garage or other outbuilding.
[1]
[Added 6-23-2009 by Ord. No. 09-11]
A structure detached from a principal building located on
the same lot and incidental and subordinate to the principal structure.
[Added 4-25-2023 by Ord.
No. 23-06]
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.[2]
Any commercial establishment, business or service, or portion
thereof, which offers as a substantial portion of its business sexually
oriented material, devices, or paraphernalia, but does not allow on-site
displays of sexually oriented materials or sexual activities as defined
by the Delaware Code. Such uses shall not be considered adult entertainment
establishments.
[Added 4-25-2023 by Ord. No. 23-06[3]]
Having suffered loss or injury.
[4]A public or private way affording secondary means of access
to abutting property.
See "structural alteration."
[5]Auxiliary or subordinate.
Equipment designed to transmit or receive electronic signals.
[6]The area included within surrounding exterior walls (or exterior
walls and fire walls) exclusive of vent shafts and courts. Areas of
the building not provided with surrounding walls shall be included
in the building area if included within the horizontal projection
of the roof or floor above.
Area for which a conditional use or rezoning application
is being submitted.
Streets which are used primarily for fast or heavy traffic.
The space between the ceiling beams of the top story and
the roof rafters.
An attic which has a stairway as a means of access and egress
and in which the ceiling area at a height of 7Â 1/3 feet above
the attic floor is not more than 1/3 the area of the floor next
below.
An automobile which is at least 25 years old, or any automobile
in which the vehicle has surpassed its original factory value.
[7]The flood having a one-percent chance of being equaled or
exceeded in any given year. Also known as the "one-hundred-year flood."
That portion of a building which is partly below grade.
[Amended 4-25-2023 by Ord. No. 23-06]
A commercial sign that directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located (The
Complete illustrated Book of Development Definitions, Moskowitz
& Lindbloom, 2017).
[Added 4-25-2023 by Ord. No. 23-06]
The Board of Adjustment of Kent County.[8]
Limits of land holdings described by linear measurements
of the borders.
Any combination of living plant material, solid fences, walls
or earth berms with a sufficient height above grade so as to visually
shield or block noise, lights, or other nuisances; the design thereof
shall be approved by the Department of Planning Services, Division
of Planning.
[Amended 4-25-2023 by Ord. No. 23-06]
The area of that part of the lot not included within the
setback areas or required open spaces herein required.
[Amended 11-11-1992]
A structure used or intended for supporting or sheltering
any use or occupancy.
Any structure erected prior to the adoption of the appropriate
code, or one for which a legal building permit has been issued.
[9]A line, usually fixed parallel to the lot line, beyond which
a building can not be located under the terms of this chapter. It
is the same as the "setback line."
[Amended 11-11-1992]
The primary building on a lot or a building that houses a
principal use.
The area occupied by a building or structure, including the
yards and courts required for light and ventilation, and such areas
that are prescribed for access to the street.
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.
The onus on a party to a case to refute or to explain.
The onus on the party with the burden of proof to convince
the trier of the fact of all elements of his case.
The necessity or duty of affirmatively proving a fact or
facts in dispute on an issue raised between the parties in a cause.
[10]A rooflike structure on framework sheltering an area or forming
a sheltered walk to the entrance of a building.
[Added 3-17-1998 by Ord. No. 98-03]
Any nonrecurring expenditure of government, including but
not limited to the acquisition of land or major equipment, construction
of buildings or other structures, major alterations to an existing
facility and major or unique nonphysical projects, such as consultant
studies.
[11]A real or imaginary line which equally divides a street,
highway, alley, easement, right-of-way or waterway.
A water or sewer system which serves a number of residences
or a community from a single location such as a single deep well water
system or alternative sewage disposal system.
The certificate issued by the staff which permits the use
of a building in accordance with the approved plans and specifications
and which certifies compliance with the provisions of law for the
use and occupancy of the building in its several parts, together with
any special stipulations or conditions of the building permit.
[Amended 4-25-2023 by Ord. No. 23-06]
The certificate issued by the Department of Planning Services,
Division of Planning, which permits the use of a building, property
or premises in accordance with the approved plans and specifications.
A sign that is designed so that characters, letters or illustrations
on the sign can be changed or rearranged without altering the face
or surface of the sign.
Any alteration, by change of use in a building or on a parcel
heretofore existing, which imposes other special provisions of this
chapter governing parking, screening or means of egress.
[12]A street which is intended to collect traffic from the minor
streets and distribute such traffic to major roadways.
[Amended 4-25-2023 by Ord. No. 23-06]
An occupation, employment or enterprise that is carried on
for profit by the owner, lessee or licensee.
A vehicle used or maintained for the transportation of persons
or property for hire, compensation or profit, except taxicabs. The
vehicle may or may not be required to be registered commercially by
Title 21 of the Delaware Code.
[Added 4-25-2023 by Ord. No. 23-06]
The Kent County Regional Planning Commission.
[13]A utility such as a water or sewer system which is owned
by a community, developer or utility company which is designed to
serve the specific population of the community.
A comprehensive, long-range plan intended to guide the growth
and development, usually of a community or region, for a set period
of time and that typically includes inventory and analytic sections
leading to recommendations for the community's land use, future
economic development, housing, recreation and open space, transportation,
community facilities, and community design, all related to the community's
goals and objectives for these elements (The Complete Illustrated
Book of Development Definitions, Moskowitz & Lindbloom, 2017).
Such plans shall meet the requirements of 9 Del. C. § 4956.
[Amended 4-25-2023 by Ord. No. 23-06]
A use listed as such in this chapter and which may be permitted
in a specified district under certain conditions, such conditions
to be determined in each case by the terms of this chapter and by
the Levy Court of Kent County after public hearing and report by the
Planning Commission in accordance with the procedures specified by
this chapter and applicable state law.
[14]The construction machinery, tools, derricks, hoists, scaffolds,
platforms, runways, ladders and all material-handling equipment, safeguard
and protective devices used in construction operations.
A person having a financial, pecuniary, beneficial, management,
supervisory or other interest in a property that is, direct or indirect,
however small, as a director, officer, shareholder, partner, associate,
employee or member in any corporation, partnership, association, proprietorship
or other entity or has any authority whatsoever to supervise, manage,
control or direct the operation of the owner of record's business,
or to hire, terminate or discipline its employees, or to issue any
orders, policies, or directives, concerning its business.
[Added 4-23-2002 by Ord. No. 02-12]
An establishment used as a short-term, temporary and/or intermediate
care facility for medical/nursing service, care and supervision of
recuperating, injured, ill, sick or infirm persons in which not less
than three persons live or are provided for on the premises for compensation,
excluding clinics and hospitals and similar institutions devoted to
the diagnosis, treatment and/or medical/nursing care of injured and/or
ill persons. It shall also exclude nursing homes and similar institutions
used as a dwelling place for the aged, incurably afflicted, chronically
ill and/or infirm persons.
The person appointed by Kent County Levy Court to serve as
the Chief Administrative Officer for Kent County, Delaware.
A local street that has one outlet and a paved, circular
turnaround area at the closed end.
A means of vehicular approach or entry to or exit from property.
Any mammal, amphibian, reptile or arachnid that, because
of its size, nature or other characteristic(s), would constitute a
danger to human life or property if it escaped from secure quarters.
Such animals shall include but not be limited to alligators, bears,
boids (constrictor snakes), caimans, crocodiles, felids, gavials,
nonhuman primates, wolves and any poisonous amphibian, reptile or
arachnid. The term shall not include livestock or any domestic cat
or dog.
[Added 4-11-2000 by Ord. No. 00-12]
The Kent County Department of Planning Services, Division
of Planning.
The person appointed to serve as the Director of Planning
Services.
[Added 9-24-2019 by Ord.
No. 19-18; amended 4-25-2023 by Ord. No. 23-06]
[Added 4-25-2023 by Ord. No. 23-06]
As used in this definition:
PHYSICAL OR MENTAL IMPAIRMENTAny physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following systems; neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness and specific learning disabilities.
MAJOR LIFE ACTIVITIESDisabilities such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
HAS A RECORD OF SUCH IMPAIRMENTHas a history of or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.
Has a physical or mental impairment that does not substantially
limit major life activities but that is treated as constituting such
a limitation;
Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others
toward such impairments; or
Has none of the impairments defined in this definition but is
treated as having such an impairment.
Any section of Kent County in which the zoning regulations
are uniform.
A thoroughfare (road) where two or more lanes are provided
in each direction of travel and a median strip, usually at least four
feet wide, is constructed or marked in a manner to prevent its use
by moving vehicles, except in emergencies, or designated for left
turns. Having the opposing streams of traffic separated (as by a median
strip).
[Added 6-13-1995 by Ord. No. 95-15]
Any animal that:
[Added 4-25-2023 by Ord. No. 23-06]
The traveled way by which vehicles enter and depart parking
or loading spaces.
[16]A building or portion thereof, designed or used exclusively
for residential occupancy, but not including travel trailers, hotels,
motels, tourist courts or tourist homes.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Any solid material, aggregate or substance of commercial
value, whether consolidated or loose, found in natural deposits on
or in the earth, including but not limited to clay, silt, sand, gravel,
stone, metallic ores, shale and top soil.
[Added 1-11-2000 by Ord. No. 00-03]
A right of use over the property of another.
[17]This study would outline the proposed action by the applicant,
existing natural resources (forest coverage, wildlife, streams, ponds
and wetlands) and cultural resources (historic buildings, known archaeological
sites) of the proposed site. Once the study is documented, a legal
notice shall be published by the applicant outlining the proposed
action, location of action and where the study document can be reviewed
(located at the Dover public library or library nearest the proposed
site and the Kent County Department of Planning Services, Division
of Planning) for public comment. The study shall be at the local public
library and Kent County Department of Planning Services, Division
of Planning, for no less than 30 days from the legal notification
date. Any public comment shall be noted by the applicant and submitted
with his/her application for conditional use. The environmental study
shall include the following:
[Added 1-11-2000 by Ord. No. 00-03]
Description of the proposed extractive operation
(the who, what, when, where and why).
Affected environment (description of the current
environmental condition of the extractive operation area.
Impacts to the affected environment (air quality,
water quality, waste disposal, noise, transportation, prehistoric
and historic cultural resources, utilities, vegetation, wildlife,
construction effects, hazardous materials and permits required).
List of agencies and persons consulted.
To remove any earth product by digging or scooping out.
[18]
[Added 1-11-2000 by Ord. No. 00-03]
Two or more persons who are related by blood or marriage
living together and occupying a single housekeeping unit with single
culinary facilities, or a group of not more than four persons living
together by joint agreement and occupying a single housekeeping unit
with single culinary facilities on a nonprofit, cost-sharing basis.
Domestic staff employed and residing on the premises shall be considered
as part of the family.
[Amended 4-25-2023 by Ord. No. 23-06[19]]
A lot not meeting minimum frontage requirements and where
access to the public road is provided by a narrower extension of the
lot encompassing a driveway; also known as a "pipestem lot."
[Added 4-25-2023 by Ord. No. 23-06]
Any land area susceptible to being inundated by water from
the base flood. As used in this chapter, the term refers to that area
designated as subject to flooding from the base flood (one-hundred-year
flood) on the Flood Boundary and Floodway Map prepared by the United
States Department of Housing and Urban Development, a copy of which
is on file in the Department of Planning Services, Division of Planning.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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:
Residential buildings: the sum of the gross
horizontal areas of the several floors of a dwelling, exclusive of
garages, basements, cellars, attics and open porches, measured from
the exterior faces of the exterior walls.
The floor area as defined herein divided by the total lot
area.
[Added 11-25-2008 by Ord. No. 08-27]
A landscaped area between a building's foundation and a perimeter
row of parking spaces adjacent to the building.
Denotes line of property on a street.
An accessory building or an accessory portion of the main
building, including a carport, which is intended for and used for
storing the privately owned motor vehicles, boats, trailers or other
personal property of the occupant or occupants of the premises, and
in which no commercial or industrial activities are conducted unless
otherwise permitted by district regulations.
[Amended 4-25-2023 by Ord. No. 23-06]
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls.
[20]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.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space and similar areas are not considered habitable space.
[21]The vertical distance from the average finished grade at
the front building line to the highest point of the coping of a flat
roof, or to the deck line or highest point of 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 35 feet of a street, the height
of such building shall be measured to the highest point of coping
or parapet. See Appendix E.[22]
[Amended 4-25-2023 by Ord. No. 23-06]
The vertical distance from the top to top of two successive
tiers of beams or finished floor surfaces; and, for the topmost story,
from the top floor of the floor finish to the tip of the ceiling joists,
or, when there is not a ceiling, to the top of the roof rafters.
The vertical distance from the foundation wall or other support
of such wall to the top of the wall.
A free and public roadway, one which every person has the
right to use.
[23]Not permitting penetration or passage.
A judicial process operating against the person, and requiring
person to whom it is directed to do or refrain from doing a particular
thing.
To flood or swamp. The overflow of waters by coming out of
their natural bed or confines.
Scrap material, such as glass, rags, motor vehicle parts,
appliances, lumber or metal objects, which are not usable or are fit
to be discarded.
[Amended 4-25-2023 by Ord. No. 23-06]
Any vehicle which is without a current valid license plate
or plates and is either rusted, wrecked, discarded, dismantled or
partially dismantled or inoperable.
The use of any land in any location for the storage, keeping,
reduction or abandonment of junk, including scrap metals, paper, rags
or any other dilapidated materials, including automobiles, on any
lot exposed to weather. For the purpose of this chapter any lot on
which more than one automobile incapable of being operated is stored,
will be considered a junkyard.
[24]Kent County planning application including, but not limited
to, rezoning, conditional use, certificate of occupancy, conditional
use with site plan, major subdivision, minor subdivision, text amendment,
variance and permit.
[Added 4-23-2002 by Ord. No. 02-12]
Violations of any Kent County regulation, rule, law, ordinance
or other requirement relating to land use.
[Added 4-23-2002 by Ord. No. 02-12]
A highway in which vehicular access to the highway is limited
specifically to interchanges.
The domesticated animals raised in an agricultural setting
to provide labor and produce commodities, such as meat, eggs, milk,
fur, leather, and wool.
[Added 4-25-2023 by Ord. No. 23-06]
Area designated for loading and unloading cargo, supplies,
material, etc.
The agency designated to prepare the Comprehensive Plan in
accordance with the Quality of Life Act.
A street other than a major roadway or collector street and
intended primarily for providing access to abutting properties.
[Amended 4-25-2023 by Ord. No. 23-06]
A parcel of land whose boundaries have been established by
some legal instrument, such as a recorded deed or a recorded map,
which is recognized as a separate legal entity for purposes of transfer
of title.
The area contained within the boundary lines of a lot.
A lot bordering on two streets where they intersect at an
angle of not greater that 135º. (See definition for "lot line,
front.")
Lot width measured at the street lot line.
A line bounding a lot which divides one lot from another
or from a street or other public or private space.
The line separating the lot from the street. In the case
of a corner or multi-frontage lot, the "front lot line" shall mean
all street frontages.
[Amended 4-25-2023 by Ord. No. 23-06]
A single-family detached dwelling which is sited on one side
of a lot line. No doors, windows or other openings are permitted in
the house wall which is located on the lot line. A five-foot wide
maintenance easement along the adjacent lot and parallel to the lot
line wall is a definitional characteristic of this dwelling type.
The maintenance easement must be referenced in the deed of the properties
and identified on a recorded plat.
The lot line or point opposite and most distant from the
shortest front lot line.
[Amended 4-25-2023 by Ord. No. 23-06]
Any lot boundary other than a front or rear lot line.
A side lot line separating a lot from a street.
Conformance of a building, landscape screen or buffer, open
space or parcel to the code under which the structure or planting
was constructed or planted.
Any County or state roadway, which is identified as either
an arterial or collector by the Kent County Road Functional Classification
System, located within the Kent County Comprehensive Plan.
[25]A writ issuing from a court of competent jurisdiction commanding
an inferior tribunal, board, corporation or person to perform a purely
ministerial duty imposed by law.
[26]The intersection of the tidal plane of mean high water with
the shore.
A dividing area, either landscaped or paved, between opposing
highway traffic lanes which is to prevent its use by moving vehicles,
except for emergencies or designated left turns.
[Added 6-13-1995 by Ord. No. 95-15]
All goods which persons usually buy and sell, whether at
wholesale or retail; wares and commodities such as are ordinarily
the objects of trade and commerce.
[27]A principal structure which contains a number of independent
uses (e.g., a shopping center would constitute a principal structure;
the various stores within the shopping center designate the shopping
center as a multiple use facility).
Limits of land holdings included in an incorporated city
or town.
Material used to weaken or reduce in force the transfer of
sound.
Material used to prevent or reduce the transfer of sound.
A nonconforming situation which occurs when property is used
for a purpose or in a manner made unlawful by reason of the adoption
of or amendment to regulations applicable to the district in which
the property is located.
At the time of the request the applicant is delinquent in
the payment of monies owed to the County (unless the applicant is
on a tax payment plan approved by the Kent County Receiver of Taxes)
and/or the Applicant is in violation of the County Code and/or has
existing land use related violations.
[Added 4-23-2002 by Ord. No. 02-12]
Includes the following:
The physical condition or use of any premises
regarded as a public nuisance at common law;
Any physical condition, use or occupancy of
any premises or its appurtenances considered an attractive nuisance
to children, including but not limited to abandoned wells, shafts,
basements, excavations and unsafe fences or structures;
Any premises designated as having unsanitary
sewage or plumbing facilities;
Any premises designated as unsafe for human
habitation or use;
Any premises which are manifestly capable of
being a fire hazard, or are manifestly unsafe or unsecured so as to
endanger life, limb or property;
Any premises from which the plumbing, heating
or other facilities required by the Kent County Housing Code[28] have been removed, or from which utilities such as water,
sewer, gas and electricity have been disconnected, destroyed, removed
or rendered ineffective, or the required precautions against trespassers
have not been provided;
Any premises which are unsanitary, or which
are littered with rubbish or garbage or which have an uncontrolled
growth of weeds at a height of 12 inches or more; or
Any structure or building that is in an advanced
state of dilapidation, deterioration or decay; faulty construction;
overcrowded, open, vacant or abandoned; damaged by fire to the extent
as not to provide adequate shelter; in danger of collapse or structural
failure; and is dangerous to anyone on or near the premises.
An establishment used as a dwelling place by the aged, infirm,
chronically ill and/or incurably afflicted persons, in which not less
than three persons live or are provided for on the premises for compensation,
excluding clinics and hospitals and similar institutions devoted to
the diagnosis, treatment or care of the sick or injured and also excluding
convalescent home or similar institutions devoted to the short-term,
temporary or intermediate medical/nursing care of ill, sick, injured
or infirm persons who are convalescing and recuperating therein.
The purpose for which a building, or part thereof, is used
or intended to be used.
Any person over one year in age living or sleeping in a dwelling
unit or having actual possession of said dwelling or rooming unit.
Parking spaces provided in a parking lot, parking structure
or private driveway.
Undeveloped land used primarily for resource protection or
recreational purposes.
This plan shall address specific actions to be taken on the
site relative to excavation activities, fuel and chemical handling
and storage, dust control, traffic, noise control and abatement and
comprehensive site safety of unauthorized persons.[29]
[Added 1-11-2000 by Ord. No. 00-03]
Any person, agent, firm or corporation having a legal or
equitable interest in the property.
Person or corporate entity who is the title owner as indicated
on the land management system at the time of the violation.
[Added 4-23-2002 by Ord. No. 02-12]
The area on which a principal structure is located.
That part of any wall entirely above the roof line.
A contiguous quantity of land in possession of, owned by
or recorded as property of the same claimant person or company.
[30]An official document or certificate issued by the authority
having jurisdiction authorizing performance of a specified activity.
Any individual, firm, partnership, corporation, company,
association, joint-stock association or body politic; and includes
any trustee, receiver, assignee or other similar representative thereof.
[Added 4-23-2002 by Ord. No. 02-12]
A landscaped section of a parking lot located at the end
of a row of parking spaces.
A landscaped area which is raised and usually curbed, used
to guide traffic in parking areas and along roadways.
Elongated areas of landscaping located between rows of parking
spaces within a parking lot.
A map of a town, section or subdivision showing the location
and boundaries of individual parcels of land subdivided into lots,
with streets, alleys, easements, etc., usually drawn to scale.
Any lot, area or tract of land, whether used in connection
with a building or not.
A structure in which is conducted, or in which is intended
to be conducted, the main or principal use of the lot on which it
is located.
For the purpose of this chapter, the primary structure or
activity occurring on a lot shall be considered the principal use.
[31]The act of screening, mixing, blending, treating and/or washing
the excavated/borrowed material.
[Added 1-11-2000 by Ord. No. 00-03]
An individual technically and legally qualified to practice
the profession of engineering or land surveying.
An organization supplying water, electricity, transportation,
etc., to the public, operated by a private corporation under government
regulation or by the government directly.
A plan delineating the renewing of the extracted area to
a self-sustaining long-term use which is compatible with contiguous
land uses and compatible with the Kent County Comprehensive Plan.
[Added 1-11-2000 by Ord. No. 00-03]
A vehicle that is intended to be transported over the streets
and highways (either as a motor vehicle or attached to or hauled by
a motor vehicle) and is designed for temporary use as sleeping quarters,
but does not satisfy one or more of the definitional criteria of a
mobile home.[32] Such structures shall not be considered dwelling units
to be occupied for long-term or permanent occupation.
[Added 4-25-2023 by Ord. No. 23-06]
Work on a building and its facilities to make it conform
to present-day minimum standards of sanitation, fire and life safety.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
[Amended 4-25-2023 by Ord. No. 23-06]
A part or portion of land, physically separated from another
parcel, which contains a major use or structure, set aside for future
use.
The agent, contractor, or entity or individual receiving
present or future financial benefit.
[Added 4-23-2002 by Ord. No. 02-12]
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main or shade trees,
or for another special use.
[33]Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Any part, piece of machinery, structural member or component
of a motor vehicle, machine or building which has been destroyed or
partially destroyed, which is being stored for personal use or for
resale.
[34]Lightweight, double-faced A-frame sign.
[35]Waste content of a septic tank.
[Added 6-14-1994 by Ord. No. 94-11]
A facility designed and constructed to receive, treat and/or
store septage in accordance with the regulations of the Delaware Department
of Natural Resources and Environmental Control (DNREC).
[36]
[Added 6-14-1994 by Ord. No. 94-11]
The required minimum horizontal distance between the building
line and the related front, side or rear lot line.
[Added 11-11-1992]
That portion of any front, side or rear yard which is between
the property line and the building line.
[Added 11-11-1992]
See "building line."
Any fabricated sign or outdoor display structure, including
its structure, consisting of any letter, figure, character, mark,
point, plane, marquee sign, design, poster, pictorial, picture, stoke,
stripe, line, trademark, reading matter or illuminating device, constructed,
attached, erected, fastened or manufactured in any manner whatsoever
so that the same shall be used for the attraction of the public to
any place, subject, person, firm, corporation, public performance,
article, machine, merchandise whatsoever, and displayed in any manner
outdoors for advertising purpose.
[37]A portion of ground having a natural incline, as the side
of a hill.
Circuses, fairs, carnivals or other types of special events
that:
A building for the housing of horses, cattle and other domestic
livestock traditionally associated with agriculture.
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
The lowermost story entirely above the grade plane.
[Amended 4-25-2023 by Ord. No. 23-06]
A public thoroughfare (such as street, avenue or boulevard)
which has been dedicated for public use.
[39]Any change or rearrangement in the structural parts or in
the means of egress; or an enlargement, whether by extending on a
side or by increasing in height; or the moving from one position to
another.
That which is built or constructed.
The division of any tract of land into two or more plots,
parcels, lots or sites for the purpose, whether immediate or future,
of transfer of ownership or of building development; provided, however,
that the division or partition land not involving the opening, widening
or extension of any streets or easements shall be exempt from this
definition.
A swimming pool and the apparatus and equipment pertaining
to the swimming pool, operated for profit, open to the public upon
payment of an hourly, daily, weekly, monthly, annual or other fee.
That which is to last for a limited time only, as distinguished
from that which is perpetual, or indefinite, in its duration.
[40]One who has the temporary use and occupation of real property
owned by another person.
Any structure whose principal function is to support an antenna.
An above-grade tower or similar structure for communications
equipment principally intended for the transmittal or reception of
commercial, governmental and related radio, television, microwave,
cellular phone and similar telecommunications electromagnetic signals.
Towers or similar structures installed on or attached to tops of building,
water tanks or similar facilities shall be included in this definition.
This definition includes the accessory buildings, storage facilities
and related equipment required for broadcasting and telecommunications
towers and any such equipment for telecommunications antennas that
may be attached to or on the facades of buildings or structures.
[41]
[Added 10-14-1997 by Ord. No. 97-17]
Low-growing plant specimens used in landscaping such as understory
trees, small shrubs and ground cover plants and vines.
That portion of Kent County which lies outside of all municipal
boundaries within the County.
The purpose for which a building, structure or parcel, is
designed, used or intended to be used for.
[42]A line bounding a lot which divides the lot from a body of
water (river, lake, stream, bay, etc.).
For the purpose of this chapter, a water-oriented accessory
structure shall consist of the following: boat houses, decks, docks,
porches and walkways for water/shoreline access.
A running stream of water; a natural stream fed from permanent
or natural sources, including rivers, creeks, runs and rivulets.
For the purpose of this chapter, "weeds" shall mean grasses,
bushes and any other type of vegetation other than trees, ornamental
shrubbery, flowers, garden vegetables that are properly tended and
agricultural products.
Lands transitional between terrestrial and aquatic systems
where the water table is usually at or near the surface of the land
is covered by shallow water. Wetlands must have one or more of the
following key attributes:
An unoccupied space open to the sky, on the same lot with
a building or structure.
A yard of uniform depth extending the full width of the lot
between the front street line and the parts of the principal structure
erected thereon setting back from and nearest such street line. In
the event that a yard fronts on a denied-access road, such yard shall
not be considered a front yard.
A yard of uniform depth across the full width of the lot
extending from the rear line of the principal structure to the rear
line of the lot.
A permitted temporary sales activity principally involving
household items and/or consumer goods, conducted by the owner (or
residential tenant) of real property upon said property which is residentially
zoned. A yard sale is typically limited to a one-day event but not
longer than two consecutive days. Provided, however, that such temporary
sales activity shall, under no circumstances, last more than eight
total days during any particular calendar year upon any real property.
Uses prohibited in this definition include commercial sales for vehicles,
boats, appliances, furniture and related activities.
[Added 10-14-1997 by Ord. No. 97-15; amended 4-25-2023 by Ord. No. 23-06]
A yard between the building and the adjacent side line of
the lot and extending from the front yard to the rear yard.
[43]The reservation of certain specified areas within a community,
County or city for building and structures, or use of land, for certain
purposes with other limitations such as height, lot coverage and other
stipulated requirements.
[1]
Editor's Note: The definitions of "abatement," "abrogation,"
"accessory apartment," amended 6-23-2009 by Ord. No. 09-11, and "accessory
building," all of which immediately preceded this definition, were
repealed 4-25-2023 by Ord. No. 23-06. Ordinance No. 23-06 also repealed
the definition of "accessory dwelling," added 6-23-2009 by Ord. No.
09-11, which immediately followed this definition.
[2]
Editor's Note: The definition of "Administrator," which immediately
followed this definition, was repealed 9-24-2019 by Ord. No. 19-18.
[3]
Editor's Note: This ordinance also repealed the definition
of "adult entertainment establishment."
[4]
Editor's Note: The definition of "agricultural extractive
use (level one extractive use)," added 1-11-2000 by Ord. No. 00-03,
and which immediately followed this definition, was repealed 4-25-2023
by Ord. No. 23-06.
[5]
Editor's Note: The definition of "ameliorate," which immediately
followed this definition, was repealed 4-25-2023 by Ord. No. 23-06.
[6]
Editor's Note: The definitions of "apartment" and "appurtenance,"
which immediately followed this definition, were repealed 4-25-2023
by Ord. No. 23-06.
[7]
Editor's Note: The definition of "automobile service station,"
which immediately followed this definition, was repealed 4-25-2023
by Ord. No. 23-06.
[8]
Editor's Note: The definition of "boardinghouse," as amended
10-24-2000 by Ord. No. 00-26, which immediately followed this definition,
was repealed 4-25-2023 by Ord. No. 23-06.
[9]
Editor's Note: The definition of "building, height of," which
immediately followed, was repealed 4-25-2023 by Ord. No. 23-06.
[10]
Editor's Note: The definition of "bus shelter," added 1-15-2002
by Ord. No. 02-02, and the definition of "campground (public or private),"
added 1-24-2017 by Ord. No. 17-03, both of which immediately followed,
were repealed 4-25-2023 by Ord. No. 23-06.
[11]
Editor's Note: The definition of "cellar," which immediately
followed, was repealed 4-25-2023 by Ord. No. 23-06.
[12]
Editor's Note: The definition of "child care center," as amended
11-25-2003 by Ord. No. 03-26, and the definitions of "clinic, medical
or dental," "club, private" and "cluster development," all of which
immediately followed this definition, were repealed 4-25-2023 by Ord.
No. 23-06.
[13]
Editor's Note: The definition of "communal system," and the
definition of "community energy-generating facility," added 3-22-2022
by Ord. No. 22-05, as amended 9-27-2022 by Ord. No. 22-16, both of
which immediately followed, were repealed 4-25-2023 by Ord. No. 23-06.
[14]
Editor's Note: The definition of "conditional use permit,"
which immediately followed, was repealed 4-25-2023 by Ord. No. 23-06.
[15]
Editor's Note: This ordinance also repealed the definition
of "craft center," which immediately followed.
[16]
Editor's Note: The definition of "duplex," which immediately
followed, was repealed 4-25-2023 by Ord. No. 23-06.
[17]
Editor's Note: The definition of "ECHO housing," which immediately
followed, was repealed 4-25-2023 by Ord. No. 23-06.
[18]
Editor's Note: The definitions of "extraction," "extractive
commercial use (level two extractive use)," and "extractive commercial
use with processing (level three extractive use)," all added 1-11-2000
by Ord. No. 00-03 and which immediately followed, were repealed 4-25-2023
by Ord. No. 23-06.
[19]
Editor's Note: This ordinance also repealed the definition
of "family child-care home," added 11-25-2003 by Ord. No. 03-26, and
the definition of "farm," both of which immediately followed.
[20]
Editor's Note: The definition of "group home," as amended
7-22-2014 by Ord. No. 14-12, and the definition of "group homes, other
than for the care of handicapped and elderly persons," both of which
immediately followed, were repealed 4-25-2023 by Ord. No. 23-06.
[21]
Editor's Note: The definition of "handicapped person," which
immediately followed, was repealed 4-25-2023 by Ord. No. 23-06. See
now the definition of "disabled person."
[22]
Editor's Note: Appendix E is included as an attachment to this chapter.
[23]
Editor's Note: The definition of "home-based contractor establishment,"
added 7-5-2002 by Ord. No. 05-09, as amended 10-27-2009 by Ord. No.
09-26, the definition of "home occupations," and the definition of
"hospital," all of which immediately followed, were repealed 4-25-2023
by Ord. No. 23-06.
[24]
Editor's Note: The definition of "kennel, commercial," the
definition of "kennel, private," the definition of "landscape and
horticultural services," added 3-23-2021 by Ord. No. 21-02, and the
definition of "landscape screen," all of which immediately followed,
were repealed 4-25-2023 by Ord. No. 23-06.
[25]
Editor's Note: The definition of "major thoroughfare," which
immediately followed, was repealed 4-25-2023 by Ord. No. 23-06.
[26]
Editor's Note: The definitions of "manufactured home," "manufactured
home park," and "manufactured home subdivision," all of which immediately
followed, were repealed 4-25-2023 by Ord. No. 23-06.
[27]
Editor's Note: The definitions of "mobile home," "mobile/manufactured
home park," "modular home," and "multifamily dwelling," all of which
immediately followed, were repealed 4-25-2023 by Ord. No. 23-06.
[29]
Editor's Note: The definition of "Ordinance Administrator,"
which immediately followed this definition, was repealed 9-24-2019
by Ord. No. 19-18 and 4-25-2023 by Ord. No. 23-06.
[30]
Editor's Note: The definition of "periphery," which immediately
followed, was repealed 4-25-2023 by Ord. No. 23-06.
[31]
Editor's Note: The definition of "private camps for seasonal
residency," added 1-24-2017 by Ord. No. 17-03, which immediately followed,
was repealed 4-25-2023 by Ord. No. 23-06.
[33]
Editor's Note: The definition of "rooming house," which immediately
followed, was repealed 4-25-2023 by Ord. No. 23-06.
[34]
Editor's Note: The definition of "sample house," as amended
2-25-1992, which immediately followed, was repealed 4-25-2023 by Ord.
No. 23-06.
[35]
Editor's Note: The definition of "school, semipublic/quasi-public,"
added 10-14-1997 by Ord. No. 97-21, which immediately followed, was
repealed 4-25-2023 by Ord. No. 23-06.
[36]
Editor's Note: The definition of "servants' quarters," which
immediately followed, was repealed 4-25-2023 by Ord. No. 23-06.
[37]
Editor's Note: The definition of "single-family detached dwelling,"
which immediately followed, was repealed 4-25-2023 by Ord. No. 23-06.
[38]
Editor's Note: Appendix F is included as an attachment to this chapter.
[39]
Editor's Note: The definition of "street buffer," which immediately
followed, was repealed 4-25-2023 by Ord. No. 23-06.
[40]
Editor's Note: The definitions of "temporary emergency, construction
or repair residence," and "temporary shelter facilities," which immediately
followed, were repealed 4-25-2023 by Ord. No. 23-06.
[41]
Editor's Note: The definitions of "townhouse," and "travel
trailer," which immediately followed, were repealed 4-25-2023 by Ord.
No. 23-06.
[42]
Editor's Note: The definition of "utility solar facility,"
added 3-22-2022 by Ord No. 22-05, which immediately followed, was
repealed 4-25-2023 by Ord. No. 23-06.
[43]
Editor's Note: The definition of "zero lot line," which immediately
followed, was repealed 4-25-2023 by Ord. No. 23-06.
