For the purposes of this chapter, certain terms or
words used herein shall be interpreted as follows:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use or structure.
ARTICULATION
A change in depth of the vertical building plane or a change
in building material.
[Added 8-13-2013 by Ord. No. 477]
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
ordinances have been prepared for purposes of this Floodplain District,
the one-hundred-year flood.
[Added 6-7-1977 by Ord. No. 222]
BASE FLOOD ELEVATION
The one-hundred-year flood elevation. Within the floodplain
the base flood elevation shall be established as a point at the boundary
of the approximated floodplain which is nearest to the construction
site in question.
[Added 6-7-1977 by Ord. No. 222]
BOATING FACILITIES
Boat ramps, boat slips, wharves, piers, docks, and similar
structures providing boats with access to the water.
[Added 12-14-2004 by Ord. No. 429]
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, activity, equipment, goods or materials of any kind.
[Added 12-14-2004 by Ord. No. 429]
BUILD-TO LINE
A line parallel to the street right-of-way line that establishes
the maximum front yard setback of a building.
[Added 12-14-2004 by Ord. No. 429]
BUILD-TO LINE ENCROACHMENT
Pedestrian-oriented features of buildings, such as one-story
porches, entrance hoods, stoops, awnings, canopies, roof overhangs
and arcades with occupied or unoccupied floor space above, that are
permitted to encroach into the area between the build-to line and
curb.
[Added 12-14-2004 by Ord. No. 429]
CORNICE
The projection at the top of a wall or the top course or
molding of a wall when it serves as a crowning member.
[Added 8-13-2013 by Ord. No. 477]
DAY-CARE CENTER
A center which provides daytime care or instruction for two
or more children eleven years or under and operates on a regular basis.
[Added 12-3-1974 by Ord. No. 207]
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
[Added 6-7-1977 by Ord. No. 222]
DRIVEWAY
A surface treated and hardened to accommodate vehicles in accordance with the applicable Building Code regulations and being that part of the passage located on private property that provides vehicular ingress and egress to a property fronting on a public street using an approved curb cut and as limited in width by §
230-28E.
[Added 4-24-2002 by Ord. No. 405]
DWELLING
A structure designed or used as the living quarters for one
or more families, not to include hotel, motel, automobile court, rooming
or boardinghouse or tourist home.
DWELLING, ATTACHED
A one-family dwelling on a permanent foundation, the walls
on two sides of which are in common with the walls of adjoining dwellings
and are party walls.
DWELLING, ONE-FAMILY
A detached dwelling on a permanent foundation designed for
or occupied by one family only.
DWELLING, SEMIDETACHED
A one-family dwelling on a permanent foundation with one
wall in common with only one adjacent dwelling.
DWELLING, MULTIFAMILY
A building containing three or more attached dwelling units
having common walls and/or roof and a separate entry for each unit.
This definition includes townhouses, apartments and multiple dwellings.
[Added2-13-2024 by Ord. No. 544]
DWELLINGS, MULTIPLE
A residence designed for or occupied by three or more families,
with separate housekeeping and cooking facilities for each.
DWELLING, TWO-FAMILY
A detached dwelling on a permanent foundation designed for
or occupied by two families only, with separate housekeeping and cooking
facilities for each.
EVERGREEN
Flora that maintains green foliage year round.
[Added 8-13-2013 by Ord. No. 477]
FAÇADE
The exterior walls of a building.
[Added 8-13-2013 by Ord. No. 477]
FAMILY
One or more persons occupying a single housekeeping unit
and using common cooking facilities, provided that, unless all members
are related by blood or marriage, no such family shall contain over
five persons.
FARMERS' MARKET
Temporary or occasional outdoor retail sales of farm produce
and prepared food from vehicles or temporary stands.
[Added 8-13-2013 by Ord. No. 477]
FENESTRATION
The arrangement of windows and other exterior openings on
a building.
[Added 8-13-2013 by Ord. No. 477]
FLOOD
A temporary inundation of normally dry land areas.
[Added 6-7-1977 by Ord. No. 222]
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
or an area subject to the usual and rapid accumulation or runoff of
surface waters from any source. For the purpose of this Floodplain
District, the one-hundred-year floodplain is defined by nine feet.
[Added 6-7-1977 by Ord. No. 222]
FLOODPROOFING
Any combination of structural or nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 6-7-1977 by Ord. No. 222]
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
FOOTPRINT
The actual dimensions of the external walls of the structure
on its foundation at ground level.
[Added 12-3-1991 by Ord. No. 336]
GRADE PLANE
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Except as otherwise
set forth in this chapter, where the finished ground level slopes
away from the exterior walls, the reference plane shall be established
by the lowest points within the areas between the building and the
lot line or, where the lot line is more than six feet from the building,
between the building and a point six feet from the building.
[Amended 7-8-2014 by Ord. No. 495]
HEIGHT
The vertical distance from grade plane to the average height
of the highest roof surface. Spires, cupolas, chimneys, antennas,
water tanks, belfries, flag staffs, hose towers or other structures
and mechanical apparatus placed above roof level, not intended for
human occupancy and necessary for the operation of the permitted use,
shall not be included in the measurement of vertical dimensions.
[Added 7-8-2014 by Ord. No. 495]
HOME OCCUPATION
[Amended 12-14-2004 by Ord. No. 429]
(1)
An occupation or a profession which:
(a)
Is customarily carried on in a dwelling or in
a building or other structure accessory to a dwelling and does not
comprise more than 25% of the total floor area of all structures on
the lot.
(b)
Is owned by a full-time resident of the dwelling
unit and shall employ only other full-time residents of the dwelling
unit. A home occupation which provides a service that occurs off-site
may have additional employees, provided such employees meet and work
off-site and are not at the subject residence.
(c)
Is clearly incidental and secondary to the use
of the dwelling for residential purposes.
(d)
Must maintain the residential character and
appearance of the structure.
(e)
Does not display goods, store a stock-in-trade
or sell commodities on the premises other than goods or products produced
in the premises.
(f)
Does not involve visits by customers to the
premises between 9:00 p.m. and 8:00 a.m.
(g)
Does not generate greater traffic volumes or
increased traffic hazards than would typically be expected in a residential
district. No goods or supplies shall be delivered by commercial vehicles
either to or from the premises in connection with the home occupation,
except by the United States Postal Service or a commercial delivery
service.
(h)
Does not involve any machining, fabricating,
automotive repair, maintenance, painting, or outdoor storage of parts
or materials.
(2)
In particular, a home occupation includes, but
is not limited to the following:
(c)
Professional office of a lawyer, engineer, architect
or certified public accountant within a dwelling occupied by the same.
(3)
However, a home occupation shall not be interpreted
to include the following:
(a)
Barbershops and beauty parlors.
(b)
Physician’s or dentist’s offices.
(c)
Automotive repair or maintenance.
HVAC
Heating, ventilation, or air-conditioning system.
[Added 12-14-2004 by Ord. No. 429]
INSTITUTIONS
Any building, structure, or open area used only by an educational,
religious, medical, charitable, philanthropic or other essentially
nonprofit organization, either public or private.
[Amended 12-14-2004 by Ord. No. 429]
JUNKYARD
A lot, land or structure or part thereof used primarily for
collecting, storage or sale of wastepaper, rags, scrap metal or discarded
material; or for the collecting, dismantling, storage or salvaging
of machinery or vehicles not in running condition or for the sale
of parts thereof.
KINDERGARTEN, PRESCHOOL OR DAY NURSERY SCHOOL
A school which provides daytime care and instruction for
two or more children from two to six years of age inclusive and operates
on a regular basis.
[Added 12-3-1974 by Ord. No. 207]
LOT
For zoning purposes, as covered by this chapter, a lot is
a parcel of land of at least sufficient size to meet minimum zoning
requirements for use, coverage and area and to provide such yards
and other spaces as are herein required. Such lot shall have frontage
on an improved public street or, in a GC District, on an improved
public or private street, and may consist of:
[Amended 8-28-2001 by Ord. No. 401]
(2)
A portion of a lot of record.
(3)
A combination of complete lots of record or
complete lots of record and portions of lots of record or of portions
of lots of record.
(4)
A parcel of land described by metes and bounds,
provided that in no case of division or combination shall any residual
lot or parcel be created which does not meet the requirements of this
chapter.
LOT CONSOLIDATION
When one or more lots that are nonconforming by reason of
size are adjoining or contiguous and are under common ownership, said
lots shall be considered consolidated to the extent that a conforming
lot or lots can be achieved.
[Added 12-14-2004 by Ord. No. 429]
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest
the street. For the purpose of determining yard requirements of corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage, and yards shall be provided as indicated under
"Yards" in this section.
LOT LINE, FRONT
Any property line which separates a lot from a street right-of-way.
LOT LINE, REAR
Any property line which separates a lot from an adjoining
lot or an alley and which extends from one side line to another.
LOT LINE, SIDE
Any property line which separates a lot from an adjoining
lot or any alley and which extends from a street right-of-way to a
rear line, another side line or another street right-of-way.
LOT MEASUREMENTS
(1)
DEPTHThe distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(2)
WIDTHThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80% requirement shall not apply.
LOT, NONCONFORMING
A lot of record which was legal at the time of its creation
that does not meet the minimum area requirement of this chapter and
which is not adjoining other lands under the same ownership.
[Added 12-14-2004 by Ord. No. 429]
LOT OF RECORD
A lot which is part of a subdivision recorded in the office
of the County Recorder of Deeds or a lot or parcel described by metes
and bounds, the description of which has been so recorded.
MARINA
A facility for the storing, servicing, fueling, berthing,
and securing of boats.
[Added 12-14-2004 by Ord. No. 429]
MASSING
The three-dimensional shape of a building(s) height, width
and depth.
[Added 8-13-2013 by Ord. No. 477]
MENU SIGN
A temporary sign used to inform the public of the list of
entrees, dishes, foods and entertainment available in a restaurant.
[Added 8-13-2013 by Ord. No. 477]
NONCONFORMING STRUCTURE
An existing structure that was legal at the time of its creation
that exceeds the maximum height or building coverage limitations or
minimum setback requirements established by this chapter.
[Added 12-14-2004 by Ord. No. 429]
NONCONFORMING USE
An existing use of a lot or a building that was legal at
the time of its creation that is not permitted by this chapter in
the district in which it is located.
[Added 12-14-2004 by Ord. No. 429]
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in one hundred or a one-percent
chance of being equaled or exceeded in any year.
[Added 6-7-1977 by Ord. No. 222]
PARAPET
The portion of a wall which extends above the roofline.
[Added 8-13-2013 by Ord. No. 477]
PARKING SPACE, OFF-STREET
An off-street parking space shall comprise not less than
180 square feet per parking stall plus necessary maneuvering space.
Space for maneuvering incidental to parking or unparking shall not
encroach upon any public way. Every off-street parking space shall
be accessible from a public way. Notwithstanding the foregoing, in
the GC District, the average area of each parking space shall be not
less than 160 square feet and maneuvering areas shall be no less than
22 feet wide and no parking space shall be less than 153 square feet.
[Amended 8-28-2001 by Ord. No. 401]
PEDESTRIAN TAKE-OUT WINDOW
An operable window opening in the façade of a commercial
building used for the sale of food and/or beverages. Such a window
shall be designed for the exclusive use of pedestrians and shall be
located to provide a safe waiting area and to not disrupt or impede
pedestrian movement on a sidewalk used by the public.
[Added 8-13-2013 by Ord. No. 477]
PERSONAL SERVICE SHOP
A business which provides a service oriented primarily to
personal needs and not primarily involving retail sales of goods or
professional advisory services. Included are tailor, barber, beauty
salon, shoe repair, dressmaker or dry cleaner (provided no cleaning
operations are performed on premises); excluding massage parlors.
[Added 8-13-2013 by Ord. No. 477]
PORTICO
A covered walk or porch that is supported by columns or pillars;
also known as "colonnade."
[Added 8-13-2013 by Ord. No. 477]
PRIVATE CLUBS AND LODGES
Any building or structure which serves as a meeting place
for a selected membership, together with recreation and dining facilities
which are not open to the general public.
[Added 12-14-2004 by Ord. No. 429]
PUBLIC PARKING FACILITY
Any parking area that is available to the public at all times.
[Added 8-13-2013 by Ord. No. 477]
REDEVELOPMENT
A process employed to identify previously developed land
that is now vacant, abandoned or underutilized real property where
older structures, if they exist, are rehabilitated or replaced.
[Added 10-11-2011 by Ord. No. 483]
SANDWICH BOARD SIGN
An A-frame sign that is not permanently attached to the ground
or other permanent structure.
[Added 8-13-2013 by Ord. No. 477]
SHARED PARKING
The joint use of parking facilities by agreement of two or
more land uses for which peak parking demands occur at different times
of the day, such as office buildings and residential units or restaurants
and entertainment facilities. Under an approved shared parking arrangement,
minimum parking requirements are not calculated exclusively for each
use, but rather for the combined total, shared need of all uses.
[Added 12-14-2004 by Ord. No. 429]
SHARED PARKING AGREEMENT
An agreement between two or more property owners to share
parking as defined herein. A shared agreement must be filed at the
time of site plan review and include permanent cross-access easements
between the participating parties. A shared parking agreement can
be created between existing and proposed developments that are adjoining
or adjacent.
[Added 12-14-2004 by Ord. No. 429]
SIGN
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located, provided
that the following shall not be included in the application of the
regulations herein:
(1)
Signs not exceeding one square foot in area
and bearing only property numbers, post box numbers and names of occupants
of premises not having commercial connotations.
(2)
Flags and insignias of any government except
when displayed in connection with commercial promotion.
(3)
Integral notices; identification, information
or directional signs erected or required by governmental bodies.
(4)
Integral decorative or architectural features
of buildings except letters, trademarks, moving parts or moving lights.
(5)
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
SIGN, ON-SITE
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services or activities
on the premises. On-site signs do not include signs erected by the
outdoor advertising industry in the conduct of the outdoor advertising
business.
SIGN, REAL ESTATE
A sign announcing the prospective rental, lease or sale of
the premises upon which it is situated.
SIGNS, NUMBER AND SURFACE AREA
(1)
For the purpose of determining number of signs,
a sign shall be considered to be a single display surface or display
devise containing elements organized, related and composed to form
a unit. Where matter is displayed in a random manner without organized
relationship of elements or where there is reasonable doubt about
the relationship of elements, each element shall be considered a single
sign.
(2)
The surface area of a sign shall be computed
as including the entire area within a regular geometric form or combinations
of regular geometric forms comprising all of the elements of the matter
displayed. Frames and structural members not bearing advertising matter
shall not be included in computation of surface area.
STREET, COLLECTOR
A street that collects traffic from local streets and connects
with minor and major arterials. In the City of New Castle, the following
streets are collector streets:
[Added 12-14-2004 by Ord. No. 429]
(1)
Second Street, Third Street, Fourth Street,
Fifth Street, Sixth Street, Seventh Street, Ninth Street and Eleventh
Street.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
walls, fences, billboards and posted panels. Structure shall also
include anything constructed wholly or partly below ground.
[Amended 2-5-1980 by Ord. No. 241]
TELECOMMUNICATIONS FACILITIES
The equipment and structures involved in receiving or transmitting
telecommunications or radio signals. Such facilities include, singly
or together:
[Added 4-14-1998 by Ord. No. 381]
(1)
ANTENNAA device used to collect or transmit telecommunications or radio signal, including panels, microwave dishes and single poles known as "whips."
(3)
TOWERA structure that is intended to support equipment used to transmit and/or receive telecommunications or radio signals, including monopoles and lattice-construction steel structures.
TOURIST HOME
A dwelling in which overnight accommodations in no more than
five guest rooms are provided or offered for transient guests for
compensation.
TRANSIT FACILITY
A freestanding structure located on a bus or train route,
which is designed to accommodate embarking and disembarking transit
passengers.
[Added 8-13-2013 by Ord. No. 477]
VARIANCE
A relaxation of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the chapter would result in unnecessary
and undue hardship. As used in this chapter, a variance is authorized
only for height, area and size of structure or size of yards and open
spaces; establishment or expansion of a use otherwise prohibited shall
not be allowed by variance, nor shall a variance be granted because
of the presence of nonconformities in the district or adjoining districts.
YARD
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences
and walls may be permitted in any yard.
YARD, FRONT
There shall be a front yard along each front line between
the side lines extending inward to a line separated from the front
line by a dimension equal to the required front yard dimension.
YARD, REAR
There shall be a rear yard along each rear line between the
inner side yard lines, extending inward to a line separated from the
rear line by a dimension equal to the required rear yard dimension.
YARD, REAR ON CORNER LOTS
In the case of a corner lot with no rear lines as herein
defined, the shorter of the two side lines shall be treated as a rear
line. Where the two side lines are of equal length either may be selected.
YARD, SIDE
There shall be a side yard along each side line extending
its entire length from the rear of the front yard, extending inward
to a line separated from the side line by a dimension equal to the
required side yard dimension.