A separate and subordinate dwelling unit that is located on the same lot as a single-family dwelling but is contained in a detached garage or other outbuilding.

A structure detached from a principal building located on the same lot and incidental and subordinate to the principal structure.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.[2]

Any commercial establishment, business or service, or portion thereof, which offers as a substantial portion of its business sexually oriented material, devices, or paraphernalia, but does not allow on-site displays of sexually oriented materials or sexual activities as defined by the Delaware Code. Such uses shall not be considered adult entertainment establishments.

Having suffered loss or injury.

A public or private way affording secondary means of access to abutting property.

See "structural alteration."

Auxiliary or subordinate.

Equipment designed to transmit or receive electronic signals.

The area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the roof or floor above.

Area for which a conditional use or rezoning application is being submitted.

Streets which are used primarily for fast or heavy traffic.

The space between the ceiling beams of the top story and the roof rafters.

An attic which has a stairway as a means of access and egress and in which the ceiling area at a height of 7 1/3 feet above the attic floor is not more than 1/3 the area of the floor next below.

An automobile which is at least 25 years old, or any automobile in which the vehicle has surpassed its original factory value.

The flood having a one-percent chance of being equaled or exceeded in any given year. Also known as the "one-hundred-year flood."

That portion of a building which is partly below grade.

A commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located (The Complete illustrated Book of Development Definitions, Moskowitz & Lindbloom, 2017).

The Board of Adjustment of Kent County.[8]

Limits of land holdings described by linear measurements of the borders.

Any combination of living plant material, solid fences, walls or earth berms with a sufficient height above grade so as to visually shield or block noise, lights, or other nuisances; the design thereof shall be approved by the Department of Planning Services, Division of Planning.

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

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

Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued.

A line, usually fixed parallel to the lot line, beyond which a building can not be located under the terms of this chapter. It is the same as the "setback line."

The primary building on a lot or a building that houses a principal use.

The area occupied by a building or structure, including the yards and courts required for light and ventilation, and such areas that are prescribed for access to the street.

A term used in this chapter to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building, and to open spaces and yards.

The onus on a party to a case to refute or to explain.

The onus on the party with the burden of proof to convince the trier of the fact of all elements of his case.

The necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause.

A rooflike structure on framework sheltering an area or forming a sheltered walk to the entrance of a building.

Any nonrecurring expenditure of government, including but not limited to the acquisition of land or major equipment, construction of buildings or other structures, major alterations to an existing facility and major or unique nonphysical projects, such as consultant studies.

A real or imaginary line which equally divides a street, highway, alley, easement, right-of-way or waterway.

A water or sewer system which serves a number of residences or a community from a single location such as a single deep well water system or alternative sewage disposal system.

The certificate issued by the staff which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.

The certificate issued by the Department of Planning Services, Division of Planning, which permits the use of a building, property or premises in accordance with the approved plans and specifications.

A sign that is designed so that characters, letters or illustrations on the sign can be changed or rearranged without altering the face or surface of the sign.

Any alteration, by change of use in a building or on a parcel heretofore existing, which imposes other special provisions of this chapter governing parking, screening or means of egress.

A street which is intended to collect traffic from the minor streets and distribute such traffic to major roadways.

An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.

A vehicle used or maintained for the transportation of persons or property for hire, compensation or profit, except taxicabs. The vehicle may or may not be required to be registered commercially by Title 21 of the Delaware Code.

The Kent County Regional Planning Commission.

A utility such as a water or sewer system which is owned by a community, developer or utility company which is designed to serve the specific population of the community.

A comprehensive, long-range plan intended to guide the growth and development, usually of a community or region, for a set period of time and that typically includes inventory and analytic sections leading to recommendations for the community's land use, future economic development, housing, recreation and open space, transportation, community facilities, and community design, all related to the community's goals and objectives for these elements (The Complete Illustrated Book of Development Definitions, Moskowitz & Lindbloom, 2017). Such plans shall meet the requirements of 9 Del. C. § 4956.

A use listed as such in this chapter and which may be permitted in a specified district under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the Levy Court of Kent County after public hearing and report by the Planning Commission in accordance with the procedures specified by this chapter and applicable state law.

The construction machinery, tools, derricks, hoists, scaffolds, platforms, runways, ladders and all material-handling equipment, safeguard and protective devices used in construction operations.

A person having a financial, pecuniary, beneficial, management, supervisory or other interest in a property that is, direct or indirect, however small, as a director, officer, shareholder, partner, associate, employee or member in any corporation, partnership, association, proprietorship or other entity or has any authority whatsoever to supervise, manage, control or direct the operation of the owner of record's business, or to hire, terminate or discipline its employees, or to issue any orders, policies, or directives, concerning its business.

An establishment used as a short-term, temporary and/or intermediate care facility for medical/nursing service, care and supervision of recuperating, injured, ill, sick or infirm persons in which not less than three persons live or are provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment and/or medical/nursing care of injured and/or ill persons. It shall also exclude nursing homes and similar institutions used as a dwelling place for the aged, incurably afflicted, chronically ill and/or infirm persons.

The person appointed by Kent County Levy Court to serve as the Chief Administrative Officer for Kent County, Delaware.

A local street that has one outlet and a paved, circular turnaround area at the closed end.

A means of vehicular approach or entry to or exit from property.

Any mammal, amphibian, reptile or arachnid that, because of its size, nature or other characteristic(s), would constitute a danger to human life or property if it escaped from secure quarters. Such animals shall include but not be limited to alligators, bears, boids (constrictor snakes), caimans, crocodiles, felids, gavials, nonhuman primates, wolves and any poisonous amphibian, reptile or arachnid. The term shall not include livestock or any domestic cat or dog.

The Kent County Department of Planning Services, Division of Planning.

The person appointed to serve as the Director of Planning Services.

Any section of Kent County in which the zoning regulations are uniform.

A thoroughfare (road) where two or more lanes are provided in each direction of travel and a median strip, usually at least four feet wide, is constructed or marked in a manner to prevent its use by moving vehicles, except in emergencies, or designated for left turns. Having the opposing streams of traffic separated (as by a median strip).

Any animal that:

The traveled way by which vehicles enter and depart parking or loading spaces.

A building or portion thereof, designed or used exclusively for residential occupancy, but not including travel trailers, hotels, motels, tourist courts or tourist homes.

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Any solid material, aggregate or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including but not limited to clay, silt, sand, gravel, stone, metallic ores, shale and top soil.

A right of use over the property of another.

This study would outline the proposed action by the applicant, existing natural resources (forest coverage, wildlife, streams, ponds and wetlands) and cultural resources (historic buildings, known archaeological sites) of the proposed site. Once the study is documented, a legal notice shall be published by the applicant outlining the proposed action, location of action and where the study document can be reviewed (located at the Dover public library or library nearest the proposed site and the Kent County Department of Planning Services, Division of Planning) for public comment. The study shall be at the local public library and Kent County Department of Planning Services, Division of Planning, for no less than 30 days from the legal notification date. Any public comment shall be noted by the applicant and submitted with his/her application for conditional use. The environmental study shall include the following:

To remove any earth product by digging or scooping out.

Two or more persons who are related by blood or marriage living together and occupying a single housekeeping unit with single culinary facilities, or a group of not more than four persons living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a nonprofit, cost-sharing basis. Domestic staff employed and residing on the premises shall be considered as part of the family.

A lot not meeting minimum frontage requirements and where access to the public road is provided by a narrower extension of the lot encompassing a driveway; also known as a "pipestem lot."

Any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (one-hundred-year flood) on the Flood Boundary and Floodway Map prepared by the United States Department of Housing and Urban Development, a copy of which is on file in the Department of Planning Services, Division of Planning.

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

The floor area as defined herein divided by the total lot area.

A landscaped area between a building's foundation and a perimeter row of parking spaces adjacent to the building.

Denotes line of property on a street.

An accessory building or an accessory portion of the main building, including a carport, which is intended for and used for storing the privately owned motor vehicles, boats, trailers or other personal property of the occupant or occupants of the premises, and in which no commercial or industrial activities are conducted unless otherwise permitted by district regulations.

A reference plane representing the average of finished ground level adjoining the building at all exterior walls.

Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters, and not rented or otherwise used as a separate dwelling.

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.

The vertical distance from the average finished grade at the front building line to the highest point of the coping of a flat roof, or to the deck line or highest point of coping or parapet of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, shed and gambrel roofs. When the highest wall of a building with a shed roof is within 35 feet of a street, the height of such building shall be measured to the highest point of coping or parapet. See Appendix E.[22]

The vertical distance from the top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top floor of the floor finish to the tip of the ceiling joists, or, when there is not a ceiling, to the top of the roof rafters.

The vertical distance from the foundation wall or other support of such wall to the top of the wall.

A free and public roadway, one which every person has the right to use.

Not permitting penetration or passage.

A judicial process operating against the person, and requiring person to whom it is directed to do or refrain from doing a particular thing.

To flood or swamp. The overflow of waters by coming out of their natural bed or confines.

Scrap material, such as glass, rags, motor vehicle parts, appliances, lumber or metal objects, which are not usable or are fit to be discarded.

Any vehicle which is without a current valid license plate or plates and is either rusted, wrecked, discarded, dismantled or partially dismantled or inoperable.

The use of any land in any location for the storage, keeping, reduction or abandonment of junk, including scrap metals, paper, rags or any other dilapidated materials, including automobiles, on any lot exposed to weather. For the purpose of this chapter any lot on which more than one automobile incapable of being operated is stored, will be considered a junkyard.

Kent County planning application including, but not limited to, rezoning, conditional use, certificate of occupancy, conditional use with site plan, major subdivision, minor subdivision, text amendment, variance and permit.

Violations of any Kent County regulation, rule, law, ordinance or other requirement relating to land use.

A highway in which vehicular access to the highway is limited specifically to interchanges.

The domesticated animals raised in an agricultural setting to provide labor and produce commodities, such as meat, eggs, milk, fur, leather, and wool.

Area designated for loading and unloading cargo, supplies, material, etc.

The agency designated to prepare the Comprehensive Plan in accordance with the Quality of Life Act.

A street other than a major roadway or collector street and intended primarily for providing access to abutting properties.

A parcel of land whose boundaries have been established by some legal instrument, such as a recorded deed or a recorded map, which is recognized as a separate legal entity for purposes of transfer of title.

The area contained within the boundary lines of a lot.

A lot bordering on two streets where they intersect at an angle of not greater that 135º. (See definition for "lot line, front.")

Lot width measured at the street lot line.

A line bounding a lot which divides one lot from another or from a street or other public or private space.

The line separating the lot from the street. In the case of a corner or multi-frontage lot, the "front lot line" shall mean all street frontages.

A single-family detached dwelling which is sited on one side of a lot line. No doors, windows or other openings are permitted in the house wall which is located on the lot line. A five-foot wide maintenance easement along the adjacent lot and parallel to the lot line wall is a definitional characteristic of this dwelling type. The maintenance easement must be referenced in the deed of the properties and identified on a recorded plat.

The lot line or point opposite and most distant from the shortest front lot line.

Any lot boundary other than a front or rear lot line.

A side lot line separating a lot from a street.

Conformance of a building, landscape screen or buffer, open space or parcel to the code under which the structure or planting was constructed or planted.

Any County or state roadway, which is identified as either an arterial or collector by the Kent County Road Functional Classification System, located within the Kent County Comprehensive Plan.

A writ issuing from a court of competent jurisdiction commanding an inferior tribunal, board, corporation or person to perform a purely ministerial duty imposed by law.

The intersection of the tidal plane of mean high water with the shore.

A dividing area, either landscaped or paved, between opposing highway traffic lanes which is to prevent its use by moving vehicles, except for emergencies or designated left turns.

All goods which persons usually buy and sell, whether at wholesale or retail; wares and commodities such as are ordinarily the objects of trade and commerce.

A principal structure which contains a number of independent uses (e.g., a shopping center would constitute a principal structure; the various stores within the shopping center designate the shopping center as a multiple use facility).

Limits of land holdings included in an incorporated city or town.

Material used to weaken or reduce in force the transfer of sound.

Material used to prevent or reduce the transfer of sound.

A nonconforming situation which occurs when property is used for a purpose or in a manner made unlawful by reason of the adoption of or amendment to regulations applicable to the district in which the property is located.

At the time of the request the applicant is delinquent in the payment of monies owed to the County (unless the applicant is on a tax payment plan approved by the Kent County Receiver of Taxes) and/or the Applicant is in violation of the County Code and/or has existing land use related violations.

Includes the following:

An establishment used as a dwelling place by the aged, infirm, chronically ill and/or incurably afflicted persons, in which not less than three persons live or are provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured and also excluding convalescent home or similar institutions devoted to the short-term, temporary or intermediate medical/nursing care of ill, sick, injured or infirm persons who are convalescing and recuperating therein.

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

Any person over one year in age living or sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.

Parking spaces provided in a parking lot, parking structure or private driveway.

Undeveloped land used primarily for resource protection or recreational purposes.

This plan shall address specific actions to be taken on the site relative to excavation activities, fuel and chemical handling and storage, dust control, traffic, noise control and abatement and comprehensive site safety of unauthorized persons.[29]

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

Person or corporate entity who is the title owner as indicated on the land management system at the time of the violation.

The area on which a principal structure is located.

That part of any wall entirely above the roof line.

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

An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.

Any individual, firm, partnership, corporation, company, association, joint-stock association or body politic; and includes any trustee, receiver, assignee or other similar representative thereof.

A landscaped section of a parking lot located at the end of a row of parking spaces.

A landscaped area which is raised and usually curbed, used to guide traffic in parking areas and along roadways.

Elongated areas of landscaping located between rows of parking spaces within a parking lot.

A map of a town, section or subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., usually drawn to scale.

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

A structure in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

For the purpose of this chapter, the primary structure or activity occurring on a lot shall be considered the principal use.

The act of screening, mixing, blending, treating and/or washing the excavated/borrowed material.

An individual technically and legally qualified to practice the profession of engineering or land surveying.

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

A plan delineating the renewing of the extracted area to a self-sustaining long-term use which is compatible with contiguous land uses and compatible with the Kent County Comprehensive Plan.

A vehicle that is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle) and is designed for temporary use as sleeping quarters, but does not satisfy one or more of the definitional criteria of a mobile home.[32] Such structures shall not be considered dwelling units to be occupied for long-term or permanent occupation.

Work on a building and its facilities to make it conform to present-day minimum standards of sanitation, fire and life safety.

The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

A part or portion of land, physically separated from another parcel, which contains a major use or structure, set aside for future use.

The agent, contractor, or entity or individual receiving present or future financial benefit.

A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main or shade trees, or for another special use.

Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

Any part, piece of machinery, structural member or component of a motor vehicle, machine or building which has been destroyed or partially destroyed, which is being stored for personal use or for resale.

Lightweight, double-faced A-frame sign.

Waste content of a septic tank.

A facility designed and constructed to receive, treat and/or store septage in accordance with the regulations of the Delaware Department of Natural Resources and Environmental Control (DNREC).

The required minimum horizontal distance between the building line and the related front, side or rear lot line.

That portion of any front, side or rear yard which is between the property line and the building line.

See "building line."

Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stoke, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, merchandise whatsoever, and displayed in any manner outdoors for advertising purpose.

A drawing illustrating a proposed development and prepared in accordance with the specifications of Article XXIX. See Appendix F.[38]

A portion of ground having a natural incline, as the side of a hill.

Circuses, fairs, carnivals or other types of special events that:

A building for the housing of horses, cattle and other domestic livestock traditionally associated with agriculture.

That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

The lowermost story entirely above the grade plane.

A public thoroughfare (such as street, avenue or boulevard) which has been dedicated for public use.

Any change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one position to another.

That which is built or constructed.

The division of any tract of land into two or more plots, parcels, lots or sites for the purpose, whether immediate or future, of transfer of ownership or of building development; provided, however, that the division or partition land not involving the opening, widening or extension of any streets or easements shall be exempt from this definition.

A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon payment of an hourly, daily, weekly, monthly, annual or other fee.

That which is to last for a limited time only, as distinguished from that which is perpetual, or indefinite, in its duration.

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

Any structure whose principal function is to support an antenna.

An above-grade tower or similar structure for communications equipment principally intended for the transmittal or reception of commercial, governmental and related radio, television, microwave, cellular phone and similar telecommunications electromagnetic signals. Towers or similar structures installed on or attached to tops of building, water tanks or similar facilities shall be included in this definition. This definition includes the accessory buildings, storage facilities and related equipment required for broadcasting and telecommunications towers and any such equipment for telecommunications antennas that may be attached to or on the facades of buildings or structures.

Low-growing plant specimens used in landscaping such as understory trees, small shrubs and ground cover plants and vines.

That portion of Kent County which lies outside of all municipal boundaries within the County.

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

A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he could not otherwise do legally. (See Article XXVII, § 205-400.)

A line bounding a lot which divides the lot from a body of water (river, lake, stream, bay, etc.).

For the purpose of this chapter, a water-oriented accessory structure shall consist of the following: boat houses, decks, docks, porches and walkways for water/shoreline access.

A running stream of water; a natural stream fed from permanent or natural sources, including rivers, creeks, runs and rivulets.

For the purpose of this chapter, "weeds" shall mean grasses, bushes and any other type of vegetation other than trees, ornamental shrubbery, flowers, garden vegetables that are properly tended and agricultural products.

Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface of the land is covered by shallow water. Wetlands must have one or more of the following key attributes:

An unoccupied space open to the sky, on the same lot with a building or structure.

A yard of uniform depth extending the full width of the lot between the front street line and the parts of the principal structure erected thereon setting back from and nearest such street line. In the event that a yard fronts on a denied-access road, such yard shall not be considered a front yard.

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

A permitted temporary sales activity principally involving household items and/or consumer goods, conducted by the owner (or residential tenant) of real property upon said property which is residentially zoned. A yard sale is typically limited to a one-day event but not longer than two consecutive days. Provided, however, that such temporary sales activity shall, under no circumstances, last more than eight total days during any particular calendar year upon any real property. Uses prohibited in this definition include commercial sales for vehicles, boats, appliances, furniture and related activities.

A yard between the building and the adjacent side line of the lot and extending from the front yard to the rear yard.

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