As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. An
accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
AGRICULTURE
The use of the land for the growing and harvesting of crops
and the raising and breeding of animals, including: truck farms, livestock,
dairies, poultry husbandry, fruit farms, nurseries and greenhouses,
buildings for housing seasonal workers for the farmer's own use, barns,
packing but not processing of produce raised on the premises, storage
buildings, and buildings for keeping of poultry and livestock, and
garages for the keeping of equipment and trucks used in farm operations.
ALLEY
A narrow public thoroughfare, not less than 12 feet but not
exceeding 16 feet in width, which provides a secondary means of vehicular
access to an abutting property generally to the side or rear of a
structure and is not intended for general circulation.
[Amended 12-1-2003; 3-1-2004]
APARTMENT
A room or suite of connected rooms for occupancy as a single
dwelling unit by one family in a building having three or more of
such dwelling units.
ASSISTED LIVING FACILITY
A residential facility which provides apartment-style housing
and independent living for those who may need supervision for daily
functioning, intervention in the event of a resident experiencing
a crisis, supervision in the areas of nutrition and medications, and
the provision of transient medical care, but who do not require the
level of medical care provided in a nursing or convalescent home.
Each assisted living facility shall be subject to the following requirements:
[Added 2-6-2012]
(1)
The assisted living facility must be properly licensed as such
by the State of Delaware and must comply with all applicable federal,
state and local laws. All personnel of the assisted living facility
must also comply with applicable licensing requirements imposed by
federal, state and local laws.
(2)
Ninety percent or more of the residents in an assisted living
facility must be at least 55 years of age.
(3)
The private bedrooms in an assisted living facility may be single
occupancy or double occupancy. Single-occupancy bedrooms must have
a minimum gross floor area of 64 square feet designated for sleeping,
plus an additional gross floor area of 150 square feet above and beyond
the area designated for sleeping. Double-occupancy bedrooms must have
a minimum gross floor area of 64 square feet designated for sleeping
for each person, plus an additional gross floor area of 250 square
feet above and beyond the area(s) designated for sleeping. The minimum
gross floor area requirements contained in the foregoing sentences
shall be exclusive of any kitchen area, bathrooms, closets or alcoves.
(4)
Every private bedroom, whether a single-occupancy bedroom or
a double-occupancy bedroom, must have a bathroom.
(5)
Each assisted living facility shall have two parking spaces
per private bedroom.
(6)
Each assisted living facility shall have designated common areas
to facilitate social interaction among the residents.
AUTOMOBILE SALES LOT
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles in operable condition
and where no repair work is done.
BAR
A commercial establishment, not part of a restaurant,
whose primary activity is the sale of alcoholic beverages to be consumed
on the premises. Bars include taverns, taprooms, nightclubs, dance
halls, dance clubs, lounges, pubs, cabarets, private clubs, bottle
clubs and similar facilities serving alcoholic beverages.
[Added 9-7-2010]
BAR AREA
The floor space in any restaurant that is used primarily
for the service or consumption of alcoholic beverages for patrons.
It shall include, but not be limited to, any bar counter and the contiguous
floor and seating area where alcoholic beverages are dispensed or
consumed, together with all other portions of the patron area except
the permanent seated dining area, whether contiguous to the bar or
not. A counter in the bar area where food is served is not considered
part of the permanent seated dining area. A bar area shall be delineated
by a railing or partial railing, wall or other means clearly defining
and enclosing such area.
[Added 9-7-2010]
BASEMENT
A story having more than 25% of its clear height below average
finished grade.
BED-AND-BREAKFAST INN
A single-family, detached, owner-occupied dwelling where
the owner provides not more than eight rooms and breakfast only from
a single cooking facility to lodgers but shall not include homes for
the mentally retarded, handicapped, alcoholic rehabilatives or any
other person whose fees are paid by persons other than the lodger.
[Added 6-3-1987]
BILLBOARD
Any structure or portion thereof on which lettered or pictorial
matter is displayed or is intended to be displayed for advertising
purposes other than that on a building or its grounds giving the name
and occupation of the user of the premises, the nature of the business
conducted therein or the products primarily sold or manufactured therein.
BOARDINGHOUSE
A single-family, detached, owner-occupied dwelling where
the owner provides not more than eight rooms and meals from a central
cooking facility to lodgers but shall not include homes for the mentally
retarded, handicapped, alcoholic rehabilatives or any other person
whose fees are paid by persons other than the lodger.
[Amended 2-9-1987]
BUILDING
Any structure having a roof supported by columns, posts,
piers or walls and intended for the shelter, business, housing or
enclosing of persons, animals or property, excluding mobile homes
and tents.
BUILDING COVERAGE
The square footage or other area measurement by which all
buildings occupy a lot as measured at the grade line around the foundation.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade at a point five feet away from the foundation
of the building along the side(s) of the building facing a street
to the top of the roof surface for flat and mansard roofs and to the
vertical midpoint between the base of the roof and its peak for gable,
hip and gambrel roofs.
CAMPER
(1)
A self-propelled vehicular structure built as
one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term use, which may contain cooking,
sleeping and sanitary facilities.
(2)
An immobile structure containing cooking and
sleeping facilities for travel, recreation, vacation or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another.
(3)
A portable vehicular structure built on a chassis
designed for camping, the body of which is basically rectangular with
a flat top not more than four feet above the surface of the ground.
The camper is designed to have a temporary tent erected above the
four-foot level for camping activities.
CLINIC
A place where patients are studied or treated by physicians
specializing in various ailments and/or dentists and where no overnight
accommodations are provided.
CLUSTER DEVELOPMENT
A development technique based on a gross dwelling unit density
for the entire tract in the zoning district in which it is located
and allowing the lot sizes for detached dwellings to be reduced or
individual segments to have higher densities, so long as the gross
density is not exceeded.
COMMERCIAL USE
A retail use in which the primary activity is one which offers
directly to the public either a product or a service.
COMMON PROPERTY
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon, designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
COMPLETE MEAL
The normal and customary meals provided at breakfast, lunch
and dinner, offered from menus consisting of, but not limited to,
breakfast foods, soups, appetizers, entrees, salads, vegetables, desserts
and nonalcoholic beverages. The service of only such food victuals
as sandwiches or salads shall not be deemed to be the service of complete
meals. Restaurants licensed by the Delaware Alcoholic Beverage Control
Commission to sell beer only or wine only shall be required to furnish
at least two of the four following accompaniments to meals: appetizers,
soups, salads and vegetables.
[Added 9-7-2010]
COMPLEX
A center or campus comprised of retail, wholesale, shopping
center, medical facilities, business, commercial, institutional, or
mixed-use center with two or more principal structures located on
one or more contiguous properties, interconnected by parking areas,
streets, sidewalks or other means with similar uses and appearance,
under common management and operation.
[Added 6-7-2021]
CONDITIONAL USE
A temporary special exception use which is nonconforming
in nature and which is granted by the Mayor and Council for a period
of one year or less.
[Added 3-4-1996]
CONVALESCENT OR NURSING HOME
An institution where the ill, injured or infirm may receive
housing and care before or following hospitalization and where medical,
nursing, food and lodging services may be provided, including examination,
treatment and x-ray equipment.
CONVENIENCE STORE
A retail store with a floor area of less than 7,500 square
feet that sells groceries and may also sell gasoline.
[Added 11-6-2017]
DAY-CARE CENTER
Any place which receives more than 12 children for day care
between the hours of 6:00 a.m. and 9:00 p.m.
[Amended 8-2-1999]
DAY CARE HOME FAMILY
A private home which provides day care between the hours
of 6:00 a.m. and 9:00 p.m. for two to six children on a full-time
basis and three on a part-time basis, none of whom are relatives of
the caregiver, at any one time.
[Added 8-2-1999]
DAY CARE HOME, GROUP
A facility which provides day care between the hours of 6:00
a.m. and 9:00 p.m. for more than six but fewer than 12 children on
a full-time basis and six on a part-time basis.
[Added 8-2-1999]
DRIVE-IN RESTAURANT (INCLUDES "EATERY")
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or
drink the food, refreshments or beverages on the premises. No bar
area is permitted in a drive-in restaurant.
[Added 9-7-2010]
DWELLING
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one family. The dwelling unit
shall be self-contained and shall not require the use of outside stairs,
common hallways or passing through another dwelling unit or other
indirect route(s) to get to any portion of the dwelling unit, nor
shall there be shared facilities with another dwelling unit.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other with their own cooking, sanitary and sleeping facilities.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit only and occupied
or intended to be occupied for residence purposes by one family.
DWELLING, TWO-FAMILY
A building containing only two dwelling units and intended
for residential occupancy by two families living independently of
each other and each with its own separate sleeping, cooking and sanitary
facilities.
DWELLING, TWO-FAMILY DETACHED
A detached building containing two living units with a party
wall dividing the two living units (duplex).
[Added 10-7-1985]
EARLY CHILDHOOD LEARNING/DAY-CARE FACILITY
A learning/day-care facility for children, with a focus on
both education and caring for children outside of the regular school
setting. Each early childhood learning/day-care facility shall be
subject to the following requirements:
[Added 4-7-2014]
(1)
The early childhood learning/day-care facility must be properly
licensed as such by the State of Delaware and must comply with all
applicable federal, state and local laws. All personnel of the early
childhood learning/day-care facility must also comply with applicable
licensing requirements imposed by federal, state and local laws.
(2)
The early childhood learning/day-care facility must be licensed
to educate and care for at least 80 children.
(3)
The early childhood learning/day-care facility must be located
on a parcel of real property 20,000 square feet or larger in size
(unless the State of Delaware requirements are greater, in which case
such state requirements shall control).
(4)
The early childhood learning/day-care facility must have an
outside play area at least 6,000 square feet in size, which must be
located at least 15 feet from neighboring property lines (unless the
State of Delaware requirements are greater, in which case such state
requirements shall control), and which must be enclosed with a fence
on the rear and sides.
(5)
The fence required by Subsection
(4) above shall be at least six feet tall (unless the State of Delaware requirements are greater, in which case such state requirements shall control). The fence must be solid wherever it borders any road frontage, but may be solid or chain link elsewhere.
(6)
Each early childhood learning/day-care facility shall have one
parking space per employee and one parking space per six children.
(7)
The early childhood learning/day-care facility shall not open
earlier than 6:00 a.m. and shall close by 9:00 p.m.
EATERY
A commercial establishment whose primary activity is carry-out
food services. If indoor seating is provided, it shall be limited
to a maximum number of patrons as per occupancy requirements. No bar
area is permitted in an eatery.
[Added 9-7-2010]
FAMILY
A single person occupying a dwelling unit and maintaining
a household, or two or more persons related by blood, marriage or
adoption occupying a dwelling unit, living together and maintaining
a common household, or not more than three unrelated persons occupying
a dwelling unit and maintaining a common household.
[Amended 2-9-1987]
FARM
A lot of at least five acres used for agricultural purposes.
FARM STAND
A building located on a farm for the purpose of selling the
products of that farm and open for business not more than six months
of every year. Where other goods are offered for sale other than the
products of the farm on which it is located, not more than 50% of
the area of the farm stand, or an area equivalent to the space utilized
by the products of the farm, whichever is less, shall be allocated
to the sale of such products.
FLOODPLAIN
The relatively flat land following a watercourse which could
be subject to periodic flooding based on information available from
the United States Army Corps of Engineers and any other official sources.
GARAGE, PRIVATE
An accessory building or portion of a main building used
only for the parking of vehicles of the occupants or users of the
principal use.
GARDEN APARTMENTS
Multifamily dwellings adhering to the standards in Article
IV, District Regulations, and §
210-32 of this chapter and not exceeding 35 feet in height.
GROSS FLOOR AREA
Gross floor area shall be measured by using the outside dimensions
of the building, excluding the area of an attached garage, open porch
or patio, and further excluding the area used as a basement. Only
those floor areas which have a ceiling height of seven feet or more
shall be eligible for inclusion in the gross floor area.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of physical or mental 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.
[Added 6-7-2021]
HOME OCCUPATION
An occupation conducted wholly or in part from a residence
or a residential lot. Such occupation shall be conducted solely by
resident occupants of the residential building, except that no more
than one person not a resident of the building may be employed, and
provided, also, that no more than 900 square feet or the equivalent
of the first floor area of the building, whichever is smaller, shall
be used for such purpose; that the livable floor area for the residence
shall remain at least as large as that required of residences; that
no display of products shall be visible from the street; that the
residential character of the building shall not be changed; that no
sign shall be displayed exceeding a maximum of one square foot on
each side of the sign; that the occupation shall be conducted entirely
within either the dwelling or an accessory building, but not both;
that no occupational sounds shall be audible outside the building;
that no machinery or equipment shall be used which will cause interference
with radio and television reception in neighboring residences; and
that the use does not reduce the parking and yard requirements of
the principal use. A home occupation shall include a family day-care
home so long as the facility has a license from the State of Delaware
and a license from the Town of Millsboro; 50 square feet of outdoor
play space per child; outdoor play space fenced with a four-foot-high
fence; and adequate parking, including two parking spaces for occupants/residents
and two additional parking spaces available.
[Amended 8-2-1999]
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating in a cluster
or planned unit development under recorded land agreements through
which:
(1)
Each lot owner is automatically a member.
(2)
Each occupied dwelling unit is automatically
subject to a charge for a proportionate share of the expenses for
the organization's activities and maintenance, including any maintenance
costs levied against the association by the Town.
(3)
Each owner and tenant has the right to use the
common property.
HOSPITAL
A building or group of buildings having room facilities for
overnight patients, used for providing services for the in-patient
medical or surgical care of sick or injured humans, and which may
include related facilities, central service facilities and staff offices;
provided, however, such related facility must be incidental and subordinate
to the main use and must be an integral part of the hospital operations.
[Added 6-7-2021]
HOTEL
A building in which lodging or boarding and lodging are provided
for more than 15 persons, primarily transient, or with more than 10
guest rooms offered to the public for compensation. Ingress and egress
to and from all rooms is made through an inside lobby or office supervised
by a person in charge at all hours. As such, it is open to the public,
in contradistinction to a boardinghouse or an apartment, which are
herein separately defined. A "hotel" may include restaurants, taverns,
recreation facilities, public banquet halls, ballrooms and meeting
rooms.
[Amended 11-6-2017]
INDUSTRIAL PARK
An area wherein one or more buildings are erected in relation
to one another as part of an integrated and comprehensively planned
total unit, whether or not the buildings are erected simultaneously
or over a period of time.
INDUSTRIAL USE
A use in which the primary activity is the manufacturing,
fabrication, assembly, storage or packaging of a product or a service
and which is not offered directly to the public through a retail function.
JUNKYARD
Any area of land with or without buildings, regardless of
size, devoted to the storage, keeping or abandonment of junk or debris,
whether or not it is in connection with the dismantling, processing,
salvage, sale or other use or disposition thereof, including, by way
of illustration but not of limitation, three or more inoperative unlicensed
vehicles, abandoned vehicles, tires, vehicle parts, paper, rags, metal,
glass or plastic, old household appliances, wood, lumber, brush and
any stumps or any other debris or any material whatsoever.
LIGHT INDUSTRY
Industry where the type of activities may produce some noise,
traffic or danger, but where the activities are of such a scale or
character that they present no serious hazard to neighboring properties,
and where the type of work is oriented to the fabrication, assembly,
storage or packaging of a product as opposed to the primary manufacturing
of a product from raw materials, which for the purposes of this chapter
is considered to be heavy industry.
LOADING SPACE
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading material, measuring at least 12 feet by
45 feet with 15 feet of vertical clearance.
LOT
A tract or parcel of land having frontage on and access to
a public street.
[Amended 12-1-2003]
LOT AREA
The area contained within the lot lines of a lot but shall
not include any portion of a street.
LOT, CORNER
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
LOT DEPTH
The horizontal distance between the front and rear lot lines,
measured from the midpoint of the front lot line to the midpoint of
the rear lot line.
LOT LINE
Any line forming a portion of the exterior boundary of a
lot, and the same line as the street line for that portion of a lot
abutting streets.
LOT WIDTH
Distance between the side lot lines of a lot or between the
side lot line and the street line most nearly parallel to the side
lot line or corner lot, measured at the setback line; the width of
the lot at the rear must meet the minimum front width line; lot width
may be reduced by a maximum of 25% on an approved cul-de-sac, curved
area only.
[Amended 12-1-2003; 3-1-2004]
MANUFACTURED HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy; containing sleeping accommodations, a flush
toilet, a tub or shower bath, and kitchen facilities with plumbing
and electrical connections provided for attachment to outside systems;
and designed to be transported after fabrication; arriving at the
site where it is to be occupied as a dwelling complete, usually including
major appliances and furniture, and ready for occupancy, except for
minor and incidental unpacking and assembly operations. For purposes
of this chapter, travel trailers and camper trailers are not considered
as mobile homes.
[Amended 11-6-2017]
MEDICAL CARE FACILITY
A facility, however designated, providing medical treatment
and short-term inpatient care, other than a hospital or medical clinic.
[Added 6-7-2021]
MEDICAL CLINIC
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.
[Added 6-7-2021]
MOBILE HOME PARK
Land used or intended to be used by inhabited mobile homes.
Two or more inhabited mobile homes, whether parked or supported by
foundations, shall constitute a mobile home park.
MOTEL
See "hotel."
[Amended 11-6-2017]
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which in its location upon a lot
or in its size does not conform to the regulations of this chapter
for the zone in which it is located.
NONCONFORMING LOT
A lot of record which does not have the minimum width or
depth or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
A use occupying a building, structure or lot which does not
conform with the use regulations of the zone in which it is located.
OPEN SPACE
Open space, park, recreation area, land in a natural state,
unimproved area which may be used for recreation and aesthetic purposes
for the purpose of maintaining green and open buffers and views and
preserving title wetlands in a natural state, but excluding stormwater
management and biofiltration ponds and systems.
[Added 12-1-2003]
OUTDOOR AMPHITHEATER
An uncovered outdoor seating area used to accommodate small-scale
community events such as theater, festivals and public assemblies.
[Added 12-4-2006]
OUTDOOR AMUSEMENT OR RECREATION PLACES
Predominantly participant uses conducted in open or partially
enclosed or screened facilities. Typical uses include, but are not
limited to, driving ranges, batting cages, miniature golf, swimming
pools, tennis courts, outdoor racquetball courts, and motorized cart
and motorcycle tracks.
[Added 11-6-2017]
OUTSIDE SERVICE AREA
A porch, patio, deck or area of land or buildings which is
not enclosed on all sides with permanent structural walls and roofing
and which has a floor level no higher than three feet above ground
level, and which is used for seated dining only in conjunction with
a restaurant or eatery. No part of any outside service area may be
located in any setback area and may not eliminate parking spaces to
achieve sufficient space of outside service area.
[Added 9-7-2010]
PARKING SPACE
An improved surfaced area of not less than 200 square feet
(10 feet wide by 20 feet long), either within a structure or in the
open, for the parking of motor vehicles, exclusive of driveways, access
drives, fire lanes and public rights-of-way, except that nothing shall
prohibit private driveways for one- or two-family dwellings from being
considered off-street parking areas, provided that no portion of such
private driveway within the right-of-way line of the street intersected
by such driveway shall be considered an off-street parking space.
PATRON AREA
The area of a restaurant open to the public as patrons and
exclusive of kitchen, storage areas and rest rooms.
[Added 9-7-2010]
PERMANENT SEATED DINING AREA
The floor space in any restaurant where tables and chairs
and/or booths are provided for serving complete meals to seated patrons.
The floor space of any, outside service area shall not be included
as part of a restaurant's permanent seated dining area.
[Added 9-7-2010]
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PRINCIPAL USE
The main purpose for which a lot or building or portion of
a lot or building is used.
PROFESSIONAL OFFICE
The office of a physician, surgeon, dentist, architect, clergyman,
lawyer, engineer, real estate broker or insurance broker or other
persons engaged in a similar profession. Where such offices are part
of a residential structure, the restrictions as outlined under home
occupation shall apply.
RESIDENTIAL USE
A use in which the primary use is as a dwelling. (See "dwelling.")
RESTAURANT
A commercial establishment which is regularly used and kept
open for the purpose of serving complete meals, as referred to in
Title 4 of the Delaware Code, to patrons for consideration and which
has seating and tables for dining and suitable kitchen facilities
connected therewith under the charge of a chef or cook. The service
of only such foods as snacks, sandwiches, salads, pizza, hamburgers
and the like, at any time after 5:00 p.m., is not considered service
of complete meals.
[Amended 9-7-2010]
RESTAURANT, DRIVE-IN OR DRIVE-THROUGH
A restaurant at which any food or refreshments are customarily
served to or consumed by any patrons seated in automobiles or otherwise
off the premises, whether or not in addition thereto seats or other
accommodations are provided for patrons.
RETAIL FOOD ESTABLISHMENTS
A commercial establishment which is regularly used and kept
open for the purpose of serving any type of food, including, but not
limited to, complete meals. Restaurants and retail food establishments
may also include outdoor dining facilities.
[Added 11-6-2017]
RETAIL SALES ESTABLISHMENTS
A place of business devoted in whole or in part to the sale,
rental, or servicing of goods or commodities which are normally delivered
or provided on the premises to a consumer.
[Added 11-6-2017]
RIGHT-OF-WAY
The land and space required on the surface, subsurface and
overhead for the construction and installation of materials, necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits, mains, signs, hydrants, trees, shrubbery,
light and air established by local authorities.
SATELLITE ANTENNA
A parabolic dish antenna or other device or equipment of
whatever nature or kind, including its structural supports, the primary
purpose of which is to receive television, radio, microwave or other
electronic signals from space satellites.
[Added 8-5-1985]
SERVICE BAR
A bar, countertop, table, platform or other substantially
flat surface, not exceeding five feet in length, behind and upon which
alcoholic liquor and beverages are prepared by employees of the restaurant
for delivery to seated dining patrons by employees of the restaurant.
Restaurant patrons shall not be served alcoholic liquor at any service
bar.
[Added 9-7-2010]
SERVICE DINING PATRON
A customer of a restaurant who is seated in the seated dining
portion of the patron area for the purpose of ordering and consuming
food served by the restaurant.
[Added 9-7-2010]
SERVICE STATION
Lands and buildings providing for the sale of fuel, lubricants
for vehicles and automotive accessories and for providing maintenance
and minor repairs for motor vehicles, but not including body repairs
or painting or the storage of inoperable or wrecked vehicles.
SETBACK LINE
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
as a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
SHOPPING CENTER
One or more buildings or parts thereof, to be occupied and
used by more than one enterprise for the conduct of business as an
integrated and comprehensively planned area and using a common parking
area.
SIGN
Any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interest of any person
or product. Any such lighted device within a building designed to
be seen outside a building is a sign.
SITE PLAN REVIEW
The examination of the specific development plans for a lot,
including all pertinent data required in this chapter. Wherever the
term "site plan approval" is used in this chapter, it shall be understood
to mean a requirement that the site plan be reviewed and approved
by the Planning Commission.
STORMWATER MANAGEMENT SYSTEM
Including but not limited to stormwater mains, service connections,
pipes, conduits, swales, retention, detention biofiltration ponds
or the like, which must meet the specifications and requirements of
the State of Delaware Department of Natural Resources and Environmental
Control (DNREC), which system may or may not be accepted by the Town
of Millsboro, and the title and maintenance responsibilities of which
must be transferred to a responsible entity such as a property owners'
association.
[Added 12-1-2003]
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way open to public travel and which is an existing
state or municipal roadway for public use. A street shall include
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines.
STREET LINE
The edge of the existing or future street right-of-way, whichever
is greater, as shown on an adopted Comprehensive Plan or Official
Map, forming the dividing line between the street and a lot.
STRUCTURE
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including buildings, fences, tanks, towers, signs and
advertising devices.
SURGICAL CENTER
A facility where outpatients come for simple surgical procedures
and are not lodged overnight.
[Added 6-7-2021]
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirements of §
210-46 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 40 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Artificially constructed pools, whether located above or
below the ground, having a depth of more than 18 inches and/or a water
surface of 40 square feet, designed and maintained for swimming and
bathing purposes by an individual for use by members of his household
and guests, and which is located on a lot as an accessory use and
shall include all accessory buildings, structures and equipment.
TEMPORARY STRUCTURES AND SHELTERS
Any tent or other structure intended for short-term or accessory
use and which is movable; any vehicle mounted on wheels, movable either
by its own power or by being drawn by another vehicle and equipped
to be used for living, sleeping or other uses. The term shall include
vehicles if mounted on temporary or permanent foundations with the
wheels removed.
[Added 2-2-1998]
TOWNHOUSE
One single-family dwelling unit in a line of four or more
connected dwelling units. Each single-family unit may have one or
two stories, but nothing in this definition shall be construed to
allow one dwelling unit over the other.
TRAVEL TRAILER
A portable, vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses and having an outside body width not exceeding eight
feet and length not exceeding 30 feet and which may contain cooking,
sleeping and sanitary facilities.
USE
The specific purpose for which a parcel of land or a building
or a portion of either is used.
VARIANCE
A departure from the terms of this chapter authorized by
the Board of Adjustment in accordance with state statutes.
YARD
Any unoccupied ground area fully open to the sky on a lot.
[Added 12-1-2003]
YARD, FRONT
An open space extending across the full width of the lot
and lying between the street line and the closest point of the building.
The depth of the front yard shall be measured horizontally and at
right angles to either a straight street line or the point of tangent
of curved street lines. The minimum required front yard shall be the
same as the required setback.
YARD, REAR
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the building.
The depth of the rear yard shall be measured horizontally and at right
angles to either a straight rear lot line or the point of tangent
of curved rear lot lines. The minimum required rear yard shall be
the same as the required setback.
YARD, SIDE
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
building. The width of the required side yard shall be measured horizontally
and at right angles to either a straight side lot line or the point
of tangent of curved side lot lines. The minimum required side yard
shall be the same as the required setback.