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

A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.

An area of land which includes 43,560 square feet.

A commercial establishment which as its primary business purpose offers for sale or rental for any form of consideration any one or more of the following:

An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas (as defined below) for observation by patrons therein.

As applied to a building or a structure, a change or rearrangement in the structural parts in the existing facilities or an enlargement whether by extension of a side or by increasing in height or by moves from one location or position to another.

The flood having a one-percent chance of being equaled or exceeded in any given year.

A story partly underground and having more than 1/2 of its clear ceiling height above the average level of the adjoining ground.

In the Floodplain District, any area of the building having its floor subgrade (below ground level) on all sides.

Any sign used to identify or advertise the product made or the activity being pursued by any individual business, service, commercial or industrial enterprise and for the purpose of apprising the public of the location of such enterprise and/or the type of activity in which it is engaged.

A noticeable imperfection that impairs appearance.

The officially established Board of Adjustment of the Town of Elsmere.

A zone lying between two others, designed to separate the two. The buffer zone shall have no other use.

The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves and gutters, of all buildings on a lot.

The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story of a flat roof, to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located, except that in the case of a rear lot, the building line shall be located to the rear of the rear property line of the front lot, not less than the depth of the required front yard.

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

A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barber- and beauty shops and repair shops, such as radio and television repair shops, are not to be included within the definition of business services.

A folding structure, mounted on wheels and designed for travel, recreation and vacation use.

A story partly underground and having more than 1/2 of its clear ceiling height below the average level of the adjoining ground.

A certificate issued by the Building Official upon completion of construction, alteration or change in occupancy of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustment thereto granted by the Board of Adjustment and that the building was constructed in accordance with the plans and specifications filed with the Building Official and meets all other applicable Town regulations.

A building or group of buildings, including customary secondary buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations as well as rectories, parish houses, convents and such accessory uses.

The officially established grade of the curb in front of the midpoint of the lot or, in the absence of an officially established curb level, the mean level of any existing curb or of the lot at the street line.

An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports, which is located in other than a front yard, and is not enclosed or covered.

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

To locate an item in such a manner that, without obtaining assistance from an employee of the business establishment, it is available to the general public for handling and inspection; or the cover or outside package on the item is visible to members of the general public.

An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities or housing of repair crews.

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 31, 1976.

One or more persons, related by blood or marriage, occupying a dwelling unit and living as a single nonprofit housekeeping unit.

Any building used for storing agricultural equipment or farm produce, housing livestock and poultry and processing dairy products. The term "farm building" shall not include dwellings.

Any combination of structural and 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.

The channel of a river or other watercourse and the adjacent land area that must be reserved to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point.

The sum of the horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. Said areas shall be measured from the inside face of exterior walls or from the center line of walls separating two dwelling units. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.

A line parallel to the street, tangent only to the furthermost projection of the building's facade.

A building or group of buildings designed to accommodate more than one dwelling unit within a single structure and which is designed so that the group of dwelling units utilize such common facilities as pedestrian walks, parking and garage areas, open space, recreation areas and utility and service facilities.

An area of 50 or more contiguous acres containing a full-size golf links, at least nine holes totaling a minimum of 2,700 yards from tee to green, together with such necessary and usual accessory uses as a clubhouse, caretakers' dwellings, dining and refreshment facilities and other such uses, provided that the operation of such facilities is incidental and subordinate to the operation of a golf course.

The quality of any description or representation, in whatever form, of nudity, sexual contact, sexual excitement or sadomasochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors; is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors and is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for any reasonable minor.

Any structure that is:

An occupation or profession which:

Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

A parcel of land on which a main building and any accessory buildings are or may be placed, together with the required open spaces. The area of a lot which abuts a street shall be measured to the street line only. In the case of a rear lot, the computed area of a lot shall not include the accessway from the front lot line to the street.

A parcel of land at the junction of and fronting on two or more intersecting streets.

The horizontal distance between the side lot lines, measured between the points on the side lot lines at which they are intersected by the rear line of the required front yard area, said line being the required setback line.

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements.

Any structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

Any parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

The average height of the sea for all stages of the tide.

A building or use which is designed or intended to be used for the storage, servicing, repair, maintenance or cleaning of motor vehicles or other automotive equipment.

The area of a lot remaining after deduction of all easements (streets, accessways, sidewalks, etc.).

Structures for which the start of construction as herein defined commenced on or after December 31, 1976, and includes subsequent improvements to such structure.

A manufactured home park or subdivision for which the construction of facilities for servicing the lots in which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after December 31, 1976.

The lawful use of a building or structure or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning regulation or, in the case of a change of regulations, then at the time of such change, may be continued although such use does not conform to the provisions of such regulations or change, and such use may be extended throughout the same building, provided that no structural alteration of such building is proposed or made for the purpose of such extension.

The flood having a one-percent chance of being equaled or exceeded in any given year.

An unoccupied space open to the sky on the same lot with a principal and/or accessory building.

An open space or a garage, on a lot, used for parking motor vehicles, the area of which is not less than 200 square feet and to which there is access from a street or alley.

Any individual or group of individuals, corporation, partnership, association or other entity, including state and local governments and agencies.

A development of 40 contiguous acres, which provides housing at varying densities and of various types and necessary commercial, recreational and community facilities.

The Planning Commission of the Town of Elsmere.

The main or principal activity taking place or intended to take place in a building or on a lot.

Where at least 51% of the actual cash value of a structure, less ground land, is above ground.

An accessory building used for the storage of any number of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises.

A building, not a private garage, used for the storage, repair or servicing of motor vehicles of any type of ownership.

A vehicle which is:

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

The total number of dwelling units which may be or are developed on an area of land, before requirements for public access and required open spaces are provided.

The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open spaces are provided.

A professional office when conducted on residential property and shall be limited to those of the practice of medicine, law, dentistry, architecture and engineering. The conduct of such profession shall permit the employment of not more than one employee and shall be limited to 1/4 of the total floor area of the buildings.

Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park or swimming club operated solely by the agency or group operating the recreational facilities and for the sole use of the patrons of the facility shall not be deemed to be a restaurant.

An establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked on the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

As applied to garden apartment developments, a "room" shall be defined as a living room, dining room, kitchen and/or bedroom. A kitchenette, which does not include space for eating, and a dining area of which one full wall is open into a living room shall be counted as 1/2 room. A bathroom shall not count as a room.

Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups.

The area defined by the edge or frame of a sign. Where there is no geometric edge of frame of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines said sign.

Any sign which shall be used to advertise and identify the business conducted on the premises on which the sign is located.

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.

A plan of a lot or subdivision on which is shown topography, location of all existing and proposed buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Commission in unusual or special cases.

A use which by virtue of its own peculiar characteristics may be permitted in particular areas only after review, public hearing and approval by the Board of Adjustment.

An area having special flood hazard and shown on a Flood Insurance Rate Map as Zone A, AO, A1-30, AE, AH, VO, V1-30, VE, V, M, or E.

Defined as those terms are defined in Title 24 of the Delaware Code, § 1602(17) and (18).

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on site, such as pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start" of construction means the first alteration of any wall, ceiling, floor or other part of a building whether or not that alteration affects the external dimensions of the building.

An establishment located in a permanent structure where goods are regularly offered for sale.

That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between any floor and the ceiling next above it. A split-level story shall be considered a second story only if its floor level is six feet or more above the floor of the level next below it.

That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. A basement shall also be included as a half-story.

The limits of the land area covered by the waters in a stream under conditions of an average twenty-five-year storm.

The dividing line between a lot and the outside boundary of a public street, road or highway legally open or officially plotted by the Town or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way.

Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on or in the ground.

In the Floodplain District, a walled and roofed building, including a gas or liquid storage tank that is primarily above ground, as well as a manufactured home.

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State of Delaware Inventory of Historic Places.

A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.

A building designed and occupied exclusively as a residence for one family and one of a group of three or more attached dwellings, placed side-by-side, separated by party walls, each containing one or two stories and each having separate front and rear or side entrances from the outside.

A lot or premises used for occupancy by two or more trailers or any other vehicles used for living or sleeping purpose.

A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation, having a body width not exceeding eight feet and its body length not exceeding 29 feet.

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

A grant of relief by the Board of Adjustment from the terms of this chapter of floodplain management regulations.

A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located or as such requirements may be modified by the Board of Adjustment.