Any motor vehicle, including, but not necessarily limited to, automobiles, trucks, vans, trailers, motor homes, motorcycles, yard equipment, farm equipment or road equipment, which remains in one location for 10 days, and having one or more of the following conditions: one or more flat tires or one or more broken, cracked, or missing windows; or if the vehicle is missing a door, hood, trunk, fender, engine, transmission; or if the vehicle is substantially dismantled, wrecked or inoperable; or if the vehicle is unlicensed or unregistered as required by law.

An accessory building used solely as the temporary dwelling of guests of the occupants of an existing principal use; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

A detached building or other structure, the use of which is secondary and not essential to that of the principal structure (main building) or land use on the same lot. When the term "accessory" is used in this chapter, it shall have the same meaning as "accessory use."

A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with, such primary use.

A lawful sexually oriented use or activity (for example, but not limited to, adult book store, adult motion-picture theater, adult toy or paraphernalia store, adult video store, and an establishment which displays live nudity for its patrons) conducted on one or more lots or within one or more structures on these lots that is restricted to only those individuals who have attained the legal age of maturity.

The bona fide use of a parcel of land of five acres or more for the cultivation of land, raising of poultry and livestock or similar agrarian activity, and the related buildings, structures and appurtenances necessary to carry out the aforementioned activities. A parcel of land reduced to less than five acres as a result of subdivision shall not be defined as agricultural for the purpose of this chapter. A division into parcels for agricultural use where each parcel shall contain more than five acres, and no new street is involved, shall not be deemed a subdivision.

A public street under the ownership of the development occupants and not maintained by the Town, or a private way, with public easement, affording secondary means of access to abutting property.

A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or single family.

Single residential structure containing three or more specific dwelling units. Each apartment shall have a separate entrance. Additionally, each apartment shall have its own food preparation area, sleeping area, water line and other utilities, including meters, cutoff valves, electricity and wastewater discharge line.

A group of two or more apartment buildings constructed in accordance with a comprehensive development plan.

The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.

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.

A living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks, such as bathing, dressing, and taking medication.

Any place outside a building where two or more vehicles are offered for sale or are displayed for sale or advertising purposes.

An establishment where liquids used as motor fuels are stored and dispensed into the fuel tanks of motor vehicles, and may include facilities for automobile repairs, and may also include facilities for the sale of other retail products.

See "yard, rear."

A business establishment that is licensed to serve alcoholic beverages and which establishment is designed primarily for the consumption of such alcoholic beverages on the premises, irrespective of whether or not food and/or entertainment are also provided as accessory uses.

That portion of a building which is partly below and partly above grade and having one-half or more of its height above grade. (See "cellar.")

A dwelling or part thereof where meals and/or lodging is provided for compensation for transient persons and designed for or used principally as the primary residence of one family.

A room not less than 80 square feet which, because of limited access and separation from the living areas, is intended or may be used for sleeping.

A portion of land lying within the corporate limits of the Town of Delmar, which is in no way divided by the adjacent lines of any public roads, parks, zoning district or corporate limits.

The Board of Zoning Appeals in Maryland and/or the Board of Adjustments in Delaware established hereunder.

A dwelling containing not more than six guest rooms or suites of rooms where lodging is provided with or without meals for compensation.

A strip of land, required where a commercial or industrial district adjoins a residential district, and is the minimum distance, in feet, between any structure on the nonresidential property to the adjoining residential property line, wherein a planting strip, a minimum width of five feet, shall be planted with evergreen shrubs or trees, a minimum of four feet high at the time of planting, spaced 10 feet apart, for the purpose of providing a screen.

The area of that part of the lot not included within the yards or open spaces herein required.

A structure used or intended for supporting or sheltering any use or occupancy.

The maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located, including covered porches, carports and breezeways, but excluding open patios.

The line, as prescribed by this chapter, beyond which the building shall not extend.

A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

The vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof or to the deckline of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

A building in which is conducted the main or principal use of the lot on which it is situated.

Includes rest and long-term care facility homes, convalescent homes, and boarding homes for the aged, established to render domiciliary care for chronic or convalescent patients, but excludes child-care homes or facilities predominantly for the care of mentally retarded, mentally disturbed, epileptic, alcoholic, and drug-addicted patients.

The person responsible for the direct care, protection, supervision, and guidance of the children in a day-care home or facility. A caregiver is also a person, such as a physician, nurse, social worker, or a family member, who assists another person in daily affairs of life.

A traveling amusement show, usually including rides, games, and sideshows.

A facility that houses and accommodates certain types of gambling devices and gambling table activities.

A story having more than 1/2 of its height below average finished grade. A cellar is counted as a story for the purpose of height regulations only if used as a separate dwelling.

Land used or intended to be raised for the burial of the deceased, including columbaria, crematories, mausoleums, and including mortuaries when operated in conjunction with the cemetery and within its boundaries.

A certificate, issued by the Code Enforcement Officer, certifying that the shell of the building or structure is approved. A certificate of occupancy must be obtained prior to moving into a building which received a certificate of compliance.

The certificate issued by the Code Enforcement Officer 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.

Any person who is less than 18 years old.

Private, public or semipublic facility licensed for the housing and care of children.

A building used exclusively for residential, educational, burial, recreational or other uses normally associated with worship.

An arena often covered by a tent and used for variety shows, usually including feats of physical skill, wild animal acts, and performance by clowns. This could also include carnival games, food booths, and rides. In no event would the duration of such an event exceed 10 days.

Any institution receiving outpatients only and rendering medical services.

An organization, chartered by the state for social or fraternal purposes, whose buildings and services are for members and their guests only.

A residential development that permits variation in lot sizes in order to preserve open space and the natural features of the property.

Carries out the Town's code enforcement program, whereby properties in violation of Town codes and related regulations are identified, investigated, and corrected utilizing appropriate enforcement measures.

Activity involving the sale of goods or services carried out for profit.

The Planning and Zoning Commission of the Town of Delmar.

A center where members of a community can gather for social or cultural activities.

A report addressing all expected changes to the general quality of life (refer to Article XXVI, Development Plans).

A facility or land used for public recreation, safety, cultural, or educational activities, which is owned and managed by a public, semipublic or nonprofit organization.

A long-range plan for the physical development of the community, as adopted by the Planning and Zoning Commission and Town Council and Commissioners, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan or parts thereof.

A use that may be permitted in a specified district under certain conditions. The conditions, to be determined in each case by the terms of this chapter and by the Town after public hearing, shall be in accordance with the procedures specified by this chapter.

A legal form of real estate ownership (not a type of dwelling unit or building style) where a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

The combining of labor and material into any portion of the structure on the site thereof.

The use of any space, whether inside or outside a building, for the storage or keeping of construction equipment, machinery, or vehicles, or parts thereof, which are for use by a construction contractor.

A facility that provides short-term, primarily in-patient care, treatment, and/or rehabilitation services for persons recovering from illness or injury who do not require continued hospitalization.

An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

The initial hearing or further hearings if deemed necessary by the Board or Commission.

A nursery school or child-care facility providing adult supervision and care for not fewer than five persons, not members of the caregiver's family, in the caregiver's home or in a building outside of the home.

A dwelling unit in which daytime adult supervision is provided for up to six children, not members of caregiver's family, under the age of 16, and in which the dwelling is the primary residence of the caregiver.

Layout, engineering and planning of street alignments, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers and minimum lot area and width.

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations.

A comprehensive set of plans, specifications and measures for the private and/or public development of an industrial park, housing development, cluster development, apartment project, shopping center or other planned development permitted in this chapter.

A designated geographical area of the municipality within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

Any institution, which admits four or more nonrelated aged or disabled persons, maintains the necessary facilities and provides a protective institutional or home-type environment to persons of advanced age or mental or physical disability. This shall not include "limited dwellings."

Any lot or parcel of land on which garbage, refuse, trash or junk is deposited.

A building containing two single-family dwelling units. Each unit shall have its own separate entrance. Additionally, each unit shall have its own food preparation area, sleeping area, water line and other utilities, including electricity and wastewater discharge line. Each unit must be metered and have its own cutoff valves.

A building, or portion thereof, designed or used exclusively for residential occupancy, but not including travel trailers, motor homes, mobile homes, hotels, motels, tourist courts or tourist homes (also see "single-family dwelling").

One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

A dwelling unit consisting of no more than two rooms, exclusive of bath facilities, designed or intended for retirement living or temporary assisted living, including extended or long-term care facilities, assisted-living facilities and retirement housing having shared dining and recreational facilities.

A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at a building site and bearing a label certifying that it is built in accordance with Federal Manufactured Home Construction and Safety Standards[1], which became effective on June 15, 1976.[2]

A detached building designed for or used exclusively for residence purposes by more than two families or housekeeping units.

A detached building designed for or used exclusively for residence purposes by one family or housekeeping unit.

A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over or under another unit, and each unit is separated from any other unit by one or more vertical, common, fire-resistant walls.

A building on a single lot containing two dwelling units, each of which is totally separated from the other by a solid (unpierced) wall extending from ground to roof and an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

The right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes.

Services and utilities for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas or other combustible fuel, telephone, steam, water, sewerage, and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which they are located.

A long-term facility or a distinct part of a facility licensed or approved as an extended or long-term care facility, infirmary unit or home for the aged, or a governmental medical institution.

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 servants, employed and residing on the premises, shall be considered as part of the family.

A private home which provides, at any one time, child day-care for two to 12 children who are not relatives of the caregiver.

A parcel of land not less than five acres in size used for agricultural purposes as defined herein.

Accessory buildings for bona fide farm uses are structures which are necessary in the execution of the agricultural process. These buildings are not intended to include food processing or a manufacturing use of a related nature.

A fixed structure designed to define a designated area or property.

A celebration; a gathering of people where there is entertainment, things are exhibited, often competitively, and items are sold, often for charitable purposes.

A map prepared by a surveyor in accordance with the provisions of this chapter, which map is designed as a complete and exact subdivision plan for official recording in the office of the Clerk of the Circuit Court of Wicomico County, Maryland, or Land Records Office of Sussex County, Delaware.

A wall, running from the roofline to an area below the floor, which provides fire protection to the adjacent areas. In the event of a fire, the fire wall shall prevent the fire from spreading to the adjacent structure for at least four hours. The fire wall shall be constructed so that it will remain standing even if one or both of the adjacent structures collapse under fire conditions.

The aggregate area of all floors, including the area of the outside walls and measured to exterior of such walls.

The aggregate area of all floors included within the outer walls of a building, measured at the interior of such walls, excluding basements, cellars, rooms for furnace equipment, garages, carports, and unenclosed porches, breezeways, and including only such floor area under a sloping ceiling for which headroom is not less than five feet six inches, and then only if at least 50% of such floor area has a ceiling height of not less than seven feet four inches, and if any floor that is situated above another story has access to the floor below by a permanent built-in stairway.

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 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:

See "yard, front."

The dimension of a lot, measured along the front street line thereof or, if said front street line is curved, along the chord of the arc. The shorter street line of a lot abutting on more than one street shall be deemed to be the front street line thereof, regardless of the location of the principal entrance of a building on the lot.

To wager or risk money and/or something of material value on an event that has an uncertain outcome with the primary intent of winning additional money and/or material goods; or the dealing, operating, carrying on, conducting, maintaining or exposing for pay of any game or games or games of chance.

Any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling or gaming activity, whether such activity consists of gambling or gaming by a person involving the playing of a mechanical or electronic machine.

A building, or part thereof, other than an accessory or repair garage, used for the storage of passenger vehicles, and may include:

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. If completely enclosed, the space therein may be used for the storage of not more than one commercial vehicle of not more than two-ton capacity.

A space or structure other than a private garage for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.

A building or part thereof, other than an accessory or parking garage, used for the storage, care, or repair of motor vehicles.

A multifamily dwelling containing six to 12 dwelling units and not exceeding three stories in height.

An open area and its necessary buildings, used for the playing of golf, not including a driving range, miniature course, or eating facilities in a separate building operated for additional profit.

A community-based residential dwelling for handicapped or elderly persons operated with a single-family orientation in which more than four, but not more than nine, unrelated individuals live together, prepare their meals together, and function as a single housekeeping unit using certain rooms and housekeeping facilities in common. Staffing is required as outlined by the appropriate state licensing or approval agency.

The vertical distance from the bottom of the finished floor surface of the first floor to the top of the ceiling joists or, when there is not a ceiling, to the top of the roof rafters.

A zoning district with state requirements that are designed to maintain the historic character of the buildings and neighborhood.

An accessory use of a dwelling for an occupation, profession, enterprise or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes, conducted solely by one or more members of a family residing on the premises who may employ one additional nonresident for the conduct of the home occupation. There shall be no exterior evidence of the home occupation and adequate off-street parking must be provided as stipulated in this chapter.

An organization comprising neighbors concerned with managing the common interests of a subdivision or condominium complex. The homeowners' association is also responsible for enforcing any covenants, conditions and restrictions that apply to the property.

Any institution receiving inpatients and rendering medical care, including those wherein mentally retarded, mentally disturbed, epileptic, alcoholic, drug addicted, chronically ill and physically handicapped patients are treated or cared for.

A building or structure operated for profit, providing lodging, food and/or service to transient traveling public, and may include restaurants, taverns, clubrooms, public banquet halls, ballrooms or meeting rooms, but the individual units shall not contain kitchen facilities.

All physical improvements installed, or required to be installed, by the developer in accordance with the provisions of this chapter.

Engineering drawings and specifications of improvements required by the Town Engineer.

Sometimes called "inclusionary housing"; requires developers to make a percentage of housing units in new residential developments available to low- and moderate-income households. In return, developers may receive nonmonetary compensation (in the form of density bonuses, zoning variances, and/or expedited permits) that reduce construction costs. By linking the production of affordable housing to private-market development, IZ expands the supply of affordable housing while dispersing affordable units throughout a city or county to broaden opportunity and foster mixed-income communities.

A tract of land subdivided and developed according to a comprehensive development plan in a manner which provides a park-like setting for industrial establishments.

The Town of Delmar Joint Council is comprised of the Delaware Mayor, Delaware Councilors, the Maryland Mayor, and Maryland Commissioners sitting in joint session.

A wall-mounted safe that holds building keys for firefighters to retrieve in emergencies.

The long-range plan for desirable use of land, as officially adopted and as amended from time to time by the Commission and the Town Council/Commissioners, the purpose of such plan being, among other purposes, to serve as a guide in zoning and progressive changes in the zoning of land to meet changing community needs, in the subdividing and use of undeveloped land and in the acquisition of rights-of-way or sites for such public facilities as streets, parks, schools and public buildings.

A component of a development plan on which are shown:

Area in commercial and industrial districts designated for loading and unloading cargo, supplies, material, etc.

An institution or a part of an institution that is licensed or approved to provide health care under medical supervision for 24 consecutive hours or more to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.

Any plot or parcel of land occupied or intended to be occupied by a principal building or use, or a group of buildings conforming to the regulations of this chapter, and its accessory buildings and uses, including all open spaces required by this chapter, and having frontage on a street as defined herein. In the case of a farm or estate, five acres or more in size, the lot shall be deemed to be that part of the property on which the principal building and its accessory buildings and uses are located, together with the yards and other open spaces required by this chapter, and such lot need not front directly on a public road if connected therewith by a private lane or road which serves no other lot.

The area contained within the boundary lines of a lot.

The mean horizontal distance between the front and rear lot lines.

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 right-of-way upon which it fronts.

The lot line opposite and most distant from the front lot line.

Any lot line other than the front or rear lot line.

Any lot line separating the lot from a street or alley.

The width of the lot measured at right angles to its center line at the front setback line.

A lot abutting two or more intersecting public or private streets at their intersection. A corner lot shall provide a front yard along all property lines abutting a public or approved private street. Corner lots need to provide only one rear yard.

A lot other than a corner lot.

A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot, as distinguished from a corner lot.

An activity involving the processing or production of materials, goods or products.[3]

A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of customer's goods or wares.[4]

A parcel of land within a mobile home park that provides essential services for a single mobile home.

A site containing spaces (lots) with required improvements and utilities that are leased for the placement of mobile homes.

A building used primarily for conducting the business affairs of a mobile home park.

A structure (e.g., clubhouse, pool, playground equipment) maintained by the mobile home park, used primarily for the enjoyment of the mobile home park residences.

That part of an individual mobile home lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.

A factory-built home constructed to be placed on a permanent foundation and certified as meeting the building code[5] as applicable to modular housing. Once certified as meeting the standards of the building code, the home shall be subject to the same standards as site-built homes.

See "hotel."

See "dwelling, multifamily."

Retail sales or service businesses primarily directed toward providing neighborhood services to surrounding residential area. Such establishments may include, but are not limited to, a grocery store, beauty shop or barbershop, dry cleaning, laundromat, or drugstore.

As applied to building construction material, means a material which, in the form in which it is used, is either one of the following:

An existing building, structure or premises legally devoted to or occupied by or for a use that does not conform to the use provisions of this chapter, or amendments thereto, for the district in which it is located.

The purpose for which a building, or part thereof, is used or intended to be used.

A temporary storage area for a vehicle that is directly accessible to a street but is not part of or on a street.

Space within a building used for transaction of business or the discharge of professional services. Examples of business and professional offices include, but are not limited to, a governmental, real estate, insurance or employment agency, travel bureau, doctor, attorney, engineer, etc.

A temporary storage area for a vehicle that is located on a street but does not block nor hinder normal traffic flow.

Any first floor porch open to light and air.

The area of a lot or parcel unoccupied by principal or accessory structures, streets, driveways or parking areas, but including areas occupied by walkways, patios, and porches without roofs, playgrounds, outdoor recreation or play apparatus, gardens or trees, which allows public access. Refer to § 10-34.

Any person, agent, firm, or corporation having a legal or equitable interest in the property.

A contiguous quantity of land in possession of, owned by, or recorded as property of the same claimant person or company.

An area, which is privately owned, used for parking four or more motor vehicles for a period of 24 hours or less.

A surfaced area of one or more parking spaces designed or used for the parking of vehicles and available to the public whether for a fee or as an accommodation to clients or customers.

A surfaced area either within a structure or in the open, exclusive of access drives, for the parking of one vehicle.

A structure which is attached to the ground or some other permanently attached structure or is not easily moved without the aid of mechanical equipment.

A legal document giving official permission to do something.

A document authorizing the holder to construct a building or structure in accordance with approved plans on a particular lot.

An individual or a partnership company or a corporation. Also included in this definition are heirs, successors and/or agents of the aforementioned persons.

A residential and/or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, may be waived or varied by the Commission to allow flexibility and creativity in site and building design and location in accordance with general guidelines.

A sketch, map or survey of a lot(s), tract or parcel of land, including lot lines, street rights-of-way, and easements with the dimensions of these features inscribed thereon.

A map prepared by a surveyor in accordance with the provisions of this chapter for the purpose of showing the proposed street and lot layout of the subdivision and the existing conditions in and around it as a basis for consideration and improvements prior to preparation of a final plat and need not be based upon an accurate or detailed final survey of the property.

Any lot, area or tract of land, whether used in connection with a building or not.

The main and largest structure located, or intended to be installed, on a lot and which serves the main or primary 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.

An association for civic, social, cultural, religious, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

A notice placed in a newspaper of general circulation in the Town of Delmar. The public notice shall be published at least 15 days prior to any public hearing. The public notice is to advise the public of the purpose, date, time and place of a public hearing.

Organization supplying water, electricity, sewer services, transportation, etc., to the public, operated by a private corporation under government regulation or by the government directly.

A document specifying the performance agreement between a developer and the Town of Delmar. This document identifies the specific public works improvements or, in lieu thereof, provides adequate security a developer must provide in advance in order to receive plan approvals, permits, and plat recordation.

Any further division or modification of an existing recorded subdivision.

For purpose of this chapter, "major recreational equipment" is defined as including boats, boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Any establishment operated as a commercial enterprise in which facilities are provided for all of the following: camping, lodging, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and related to the foregoing, but not including miniature golf grounds, golf driving ranges, or any mechanical amusement devices.

A person having any of the following relationships by blood, marriage or adoption between the caregiver and the child in care: parent, grandparent, great-grandparent, brother, sister, aunt, uncle, stepparent, stepbrother, and stepsister; cousin is not included.

A building containing only dwelling units. The term "residence" or any combination thereof shall not be deemed to include hotel, boardinghouse, rooming house, motel, hospital, or other accommodations used for transient occupancy or mobile residences.

An establishment where food and drink are prepared, served, and consumed mostly within the principal building. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, or park, operated solely for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

Any age-restricted development where at least 80% of the units are occupied by at least one person age 55 or above, which may be in any housing form, including detached and attached dwelling units, apartments, and residences.

Any place at which horses or ponies are kept for hire, either with or without instruction in riding.

Land reserved for use as a street, alley or interior walk or for other public purpose.

A structure designed or used for the display or sale of neighborhood agricultural products or goods produced primarily on the premises upon which a stand is located.

A residence with two or more bedrooms rented to persons not related to the main occupants. This definition excludes homes for the handicapped, persons recovering from drugs or alcohol, or any other person whose fees are paid by persons other than the boarder. There may be long-term residents at a rooming house.

Any area not within a building where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled, or abandoned, including the salvaging, storing, wrecking of automobiles and other vehicles, machinery or parts thereof, house wrecking yards, used lumberyards and places for storage of salvaged building or structural steel materials and equipment. Any property occupied by two or more abandoned vehicles shall constitute a salvage yard.

A public, parochial, or private school or college giving regular instruction at least five days each week (except for holidays) for a normal school year of not less than seven months, but not including:

A school with three or more employees primarily devoted to giving instruction in vocational, professional, commercial, musical, dramatic, artistic, linguistic, scientific, religious, or special subjects, but not including:

Any place, however designated, operated for the purpose of providing training, guidance, education, or care for four or more children under six years of age, separated from their parents or guardians, during any part of the day, including kindergarten, day nurseries, and day-care centers.

The minimum distance between a building and a lot line.

The minimum setbacks defining the building envelope (the area on a lot where a building can be built). The term "required setback" means a line beyond which a building is not permitted to extend under the provisions of this chapter, and thus establishing the minimum depths and widths of yards [front, rear, and side(s)]. An interior lot or an assembly of lots to form an interior lot, with frontage on two streets, shall have a required setback equivalent to a front yard on each street.

A plant or lagoon for the treatment of sewage which serves the municipality or any group of properties, as distinguished from a private septic tank or package treatment plant, which is accessory to and located on the same premises with a principal use.

A group of commercial establishments planned, developed, owned and managed as a unit, with on-site parking and of similar architectural characteristics.

A commercial establishment designed to provide the basic facilities found in a neighborhood center with a wider range of commercial establishments. A community shopping center ranges from 30,000 square feet to 300,000 square feet.

A group of commercial establishments providing for the sale of convenience goods or personal services. Its building size in square footage must be between 7,000 square feet and 30,000 square feet.

A commercial establishment designed to provide a full scope of retail sales and services. It is designed to attract customers from an area of greater population than the county. Its size must be from 300,000 square feet up.

See "yard, side."

See the sign definitions in § 10-170 of this chapter.

The ownership of a property by one or more persons whose ownership is separate and distinct from that of any abutting or adjoining properties.

A building used by a number of single-family residences (units), and each unit is separated from every other unit by one or more vertical, common, fire-resistant walls.

A residential dwelling consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling unit.

See "dwelling, single-family."

A building designed for and occupied exclusively as a residence for only one family and having one party wall in common with an adjacent building or living unit. This type of dwelling is also called a "duplex."

A drawing illustrating a proposed development and prepared in accordance with the specifications of this chapter.

Any building, place or establishment in which is conducted the slaughtering of livestock or poultry for commercial purposes.

The granting of a modification of the provisions of this chapter as authorized in specific instances listed and under the terms, procedures and conditions prescribed herein. Special exceptions are administered by the Board [Board of Adjustments (DE) or Board of Zoning Appeals (MD)].

A stable with a capacity of not more than two animals.

An artificial pond that is designed to collect and retain stormwater. It is generally not considered open space, unless an ancillary use is approved by special exemption.

That portion of a building other than a cellar, as defined herein, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the ceiling next above it.

The lowest story, or ground story, or first story of any building, the floor of which is not more than 3 1/2 feet below the average contact ground level at the exterior walls of the building, except that any basement used as a separate dwelling by other than a janitor or caretaker or his family shall be deemed a ground or first story.

A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used as a separate dwelling, other than for a janitor or caretaker and his family, shall be deemed a full story.

A public right-of-way which provides a means of public access to the abutting property. Other names used for street include road, roadway, lane, alley, drive, boulevard, interstate highway and freeway.

The edge of an existing or future street right-of-way forming the dividing line between the street and the lot.

A street that collects traffic from residential roads and channels it to a major street.

A street or highway designated as a major street or expressway on the official major street plan of Delmar.

Any change in the structural members of a building, such as bearing walls, columns, beams or girders, or as may be defined by the building code in effect in the Town of Delmar.[7]

Anything constructed or erected, including any part thereof, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including but not limited to private roads and driveways, parking lots, patios, sheds, signs, swimming pools, porches, backstops for tennis courts, fences and light standards.

Any of the following.

A registered land surveyor or registered engineer employed by the owner or agent to prepare the necessary maps for a lot or subdivision.

See "bar."

A structure which is not attached to the ground or any other permanent structure and is easily movable.

One who has the temporary use and occupation of real property owned by another person or legal entity.

A building designed and/or used primarily for the commercial exhibition of motion pictures or live shows to the general public.

See "dwelling, townhouse."

Any vehicle or structure constructed in such a manner as to provide sleeping and cooking facilities or the conduct of any business, trade or occupation, or use as a selling or advertising device, and so designed that it is or may be mounted on wheels and transported over highways and streets, propelled or drawn by its own or other power.

Any park, tourist park, camp, court, site, lot, parcel or tract of land which is designed, maintained or intended for the purpose of supplying a location or accommodation for two or more trailers for living purposes or upon which two or more trailers are parked or mounted for living purposes.

A vehicle used for temporary living or sleeping purposes and standing on wheels.

The purpose for which a building, structure, or parcel is designed, used, or intended to be used.

A use which, in the sequence of successively listed zoning districts, occurs as a permitted use for the first time in a special zoning district.[8]

Those uses specifically listed in this chapter as "uses permitted inherently," not to include uses herein defined as a "nonconforming use."[9]

A grant of permission by the Board that authorizes the recipient to do that which, according to the strict letter of this chapter, he or she could not otherwise do legally; permission to depart from the literal requirements of this chapter.

Any conveyance that transports people or objects.

Unoccupied space open to the sky on the same lot with a building or structure.

The temporary display and sale of personal property along any public or approved private road.

A yard 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.

The shortest distance, measured horizontally, between any part of a building and the front lot line.

A yard extending across the full width of the lot extending from the rear line of the principal structure to the rear line of the lot.

The shortest distance, measured horizontally, between any part of a building and the rear lot line.

An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward.

The shortest distance, measured horizontally, between any part of a building or structure to the nearest side lot line.

The reservation of certain specified areas within a community, county, or Town for buildings and structures or use of land for certain purposes with other limitations such as height, lot coverage and other stipulated requirements.

A written statement issued by the Zoning Inspector authorizing the use and occupancy of buildings, structures, or premises consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

The Code Enforcement Officer or an authorized Town representative.

The Zoning Map of the Town of Delmar, together with all amendments thereto subsequently adopted.