Additional dwelling units that are allowed as accessory on an active farm where family members or farm help are housed on said farm in accordance with the conditions of § 205-67.

This use includes farms that may grow or raise agricultural materials and processes them on-site. This may include the full production of a product to multiple forms, packaging and shipping. This also includes locations for sanitary landfills and septage processing/storage. (NAICS Reference - 311119: Other Animal Food Manufacturing (except pet food); 3112: Grain and Oilseed Milling; 311421: Fruit and Vegetable Canninng; portion of 32192: Wood Pallet Manufacturing only; 22132: Sewage Treatment Facilities; 562212: Solid Waste Landfill).

This use includes butcher shops (no slaughterhouse or rendering plant), clam shell storage, storage of fishing/crabbing equipment, cold storage lockers (if related to agricultural use on-site), farm supply services, grain storage, farm product warehousing and storage, fishing, hunting and trapping industries, taxidermist, leather/hide/raw fur dressing, and nursery and garden center and associated office space. Retail nurseries, garden centers, and retail greenhouses must be customary and incidental to an agricultural use on the same property; if they are the principal use on the property or if the majority of the merchandise is not produced on the farm then this would be a commercial use. Landscaping (horticultural) services are not included. (NAICS Reference - 31611: Leather and Hide Tanning and Finishing (non-industrial, no manufacturing); 49313: Farm Product Warehousing and Storage; 44424: Nursery, Garden Center, and Farm Supply Stores; 44524: Meat Markets; 44525: Fish and Seafood Markets; 44523: Fruit and Vegetable Markets)

These uses include crop production and animal production. These uses also include any other agricultural use recognized by Delaware law. See also description of "farm." (NAICS Reference - 11: Agriculture, Forestry, Fishing and Hunting, except Horse Training, Nursery, and Hunting/Trapping)

These extractions are for agricultural purposes only. The owner or operator (with written permission from the owner) of a farm at least 10 acres in size may utilize an extractive use to create alternative uses for his/her farm. Some of these uses can include but are not limited to cranberry bogs, aquatic farming or any other uses defined as "agricultural" in Delaware. The extractive material may be removed from the property for sale. No more than 10% (at one time or cumulatively) of the total farm acreage may be utilized for agricultural extractions. Should more than 10% of total farm acreage be extracted, Level Two Extractive Use measures shall be applied.

A person who forges objects of iron. They may make or repair items in iron by hand. The uses approved under this section are not meant to be full manufacturing uses, but repair and creating of products that can be done by hand and not with large-scale industrial machinery. (NAICS Reference - 332111: Iron and Steel Forging. Further manufacturing a specific product are classified in that industry's finished product.)

A location which services, fixes, or modifies horse-drawn carriages. The use applies to nonmotorized buggies only. Includes the retail sales of trailers used to transport horses. (NAICS Reference - Portion of 441227: Horse Trailer dealers only)

81291: Pet Care Services; 54194: Veterinary Services)

The stabling, training, and feeding of horses, or the provision of riding facilities for other than the use of the resident of the property; this also includes riding academies. This is any structure or place where horses, mules, donkeys, or ponies are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment. (NAICS Reference - Portion of 115210: Horse Training and Boarding only; Portion of 713990: Riding Stables only)

This use includes loading, unloading, packing, unpacking, and transportation of agricultural products for distribution by truck or rail, on any property utilized for agricultural purposes, regardless of where the agricultural products were grown or produced; provided, however, that the use, operation and maintenance of a grain bin or similar grain storage facility shall not, in and of itself, constitute the distribution of agricultural products.

A location where domestic pets are groomed, washed, cut or otherwise physically maintained. No overnight boarding is contemplated with this use. (NAICS Reference - Portion of 81291: Animal Grooming Services; Grooming Services, Animal; Obedience Training Services; Pet; Pet Grooming Services; Pet Sitting Services; and Pet Training Services uses only)

A parcel of land primarily used for agricultural purposes, including farming, dairying, pasturing, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The above uses shall not include raising of animals for use in medical or other tests or experiments on the same property. Delaware Code further defines this use category in the following way:

A business which repairs or maintains farm equipment that is brought to the site from a farm operation located elsewhere. This use also allows the sale of farm equipment. The equipment in both categories must be clearly used for a farming operation and cannot be for normal residential equipment (i.e., lawnmowers, cars, etc.). (NAICS Reference - Portion of 811310: Farm Machinery Equipment Repair and Maintenance Services only; Portion of 423820: Farm and Garden Machinery and Equipment Merchant Wholesalers only)

Building(s) located on an agricultural use property that is meant for the housing of employees working on the farm and other farms owned by that property owner.

A bona fide farm that grows some or all of the raw materials needed to manufacture alcoholic beverages. The farm must be sized so that the majority of the ingredients are grown on-site with limited outside materials delivered. This use would include all associated uses to consider promoting this use as an agri-tourism business.

Personal use or wholesale/warehouse.

Store that is generally found in an agricultural area that sells farm animal food supplies and other agricultural-related products. [NAICS Reference - Portion of 444220: Feed Stores (except pet) only]

Must follow all state and federal hunting laws and receive any necessary permits. (NAICS Reference - 1142: Hunting and Trapping)

Establishments primarily engaged in providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens and establishments primarily engaged in providing these services along with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, ponds and similar structures. (NAICS - 561730: landscaping Services).

A farm where young plants and trees are grown for sale or for planting elsewhere. Wholesale of the products is allowed on-site as part of this use. (NAICS Reference - 42493: Flower, Nursery Stock, and Florists' Supplies Merchant Wholesalers; 11142: Nursery and Floriculture Production)

Product must be grown on the property or be grown as part of a local farm. Can be located within a permanent structure, provided that the products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with such farm operation or the products are grown or produced on a local regional farm, and such farm market or roadside stand shall comply with the following provisions:

An establishment where animals are butchered and preparing processed meats and meat byproducts. (NAICS Reference - 3116: Animal Slaughtering and Processing)

An enclosure with pens, sheds, etc., connected with a slaughterhouse, railroad, market, etc., for the temporary housing of cattle, sheep, swine, or horses. (NAICS Reference - Portion of 488999: Stockyards only)

Pesticides, fertilizers, and animal health products (no manufacturing). (NAICS Reference - Portion of 493120: Farm product warehousing and storage, refrigerated only; 493130: Farm Product Warehousing and Storage)

An equestrian supply store. Buyers may purchase various pieces of riding equipment and training aids, as well as boots and riding apparel, stable equipment, horse care products, grooming supplies, horse blankets and sheets, model horses, and equine books, magazines, and videos. (NAICS Reference - Portion of 459110: Tack Shops and Saddlery Stores only)

A separate complete housekeeping unit that is contained within the structure of a single-family dwelling.

A detached or subordinate building, the use of which is incidental and subordiante to that of the main building on the same lot. When the term "accessory" is used in this chapter, it shall have the same meaning as "accessory use."

A separate and subordinate dwelling unit that is located on the same lot as a single-family dwelling.[1]

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.

A development approach in which building lots may be reduced in size and buildings sited closer together, usually in groups or clusters, provided that the total development does not exceed that which could be constructed on the site under conventional zoning and subdivision regulations.

A one-family dwelling attached to one other one-family dwelling by at least a common roof system and a common vertical wall, with each dwelling located on a separate lot. A building designed with a dwelling unit to be located on each horizontal floor may be considered a duplex but the lot must be able to meet all bulk, area, and density provisions in the zoning district for each unit.

A small, self-contained, secondary dwelling unit designed for temporary installation on the same property as an existing single-family home for use by an elderly relative for whom members of the family who reside on the same parcel are providing assistance and care. ECHO housing/elder cottages provide an option for frail, elderly individuals who require some daily assistance but are not in need of twenty-four-hour medical supervision (i.e., nursing home).

A residential dwelling unit that is licensed by the State of Delaware or that is qualified to be licensed by the State of Delaware as a family child-care home that furnishes care, supervision, and/or guidance to children other than those children that comprise the immediate family or relatives of the resident of the dwelling unit. Such care, supervision and/or guidance shall be limited to a maximum of six full-time children and three part-time or latch key children as defined by the State of Delaware, for a maximum limit of nine children, and shall be approved by kent County Levy Court as an authorized home occupation.

A community-based residential dwelling for persons with disabilities or elderly persons in which more than four, but not more than 10, unrelated individuals live together, prepare their meals together, and function as a single-housekeeping unit using certain rooms and housekeeping facilities in common. Persons with disabilities shall include persons as defined by the Delaware Fair Housing Act[2] and the Americans with Disabilities Act to include those persons with a physical or mental impairment which substantially limits one or more of such person's major life activities; persons with a record of having such impairment; and persons being regarded as having such impairment; but not including persons currently illegally using a controlled substance. Staffing is required as outlined by the appropriate state licensing or approval agency.

A community-based residential dwelling, halfway house or treatment center operated with a single-family orientation in which more than four, but not more than 10, 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.

An office in a residential dwelling used solely for a business operated by a single resident of the home. These will typically be online businesses or other work that is typically done with only paperwork, phone, or computer work. No customers, employees, or other persons involved with the business can be at the site. Examples include but are not limited to: writer, musician, artist, bookkeeper, stock broker, gig economy office, computer science, online web sales, editor, broadcasting/podcasting, online instruction. This use is district from "professional office" which would allow for employees and customers to visit the site.

A parcel of land that has a residential dwelling unit as its principal use to include as an accessory use involving a contractor's business that is owned and operated by the owner-occupants of the dwelling unit. Within the context of the term "home-based contractor establishment," the word "contractor" shall mean an owner-occupant of the premises that is engaged in a contractual service business which may provide durable goods and/or services for use and/or consumption at an off-site location and that involves contractor storage, service or production uses on the residential dwelling parcel in compliance with applied conditions of approval.

A single-family dwelling unit fabricated in an off-site manufacturing facility bearing a label certifying that the unit is built in conformance with federal manufactured housing construction and safety standards (24 CFR 3280), transportable in one or more sections which, in the traveling mode, is eight feet or more in width, or 40 feet or more in length, and built on a permanent chassis designed for use with or without a permanent foundation when connected to the required utilities.

A transportable, factory-built dwelling, designated to be used as a year-round dwelling and built prior to enactment of the Federal Manufactured Housing Act of 1974, which became effective June 1976. For the purpose of this chapter, a mobile home shall be considered a manufactured home.

A parcel of land under single ownership on which two or more mobile/manufactured homes are located on individually designated spaces. For purposes of this chapter, location of two or more manufactured homes or mobile homes on a farm for temporary workers employed on the farm does not constitute a manufactured home park.

A dwelling unit in a subdivision used as a sales office, or a modular unit used as a sales office for a subdivision. This is a permitted use as part of that subdivision or development.

A factory-built home constructed to be placed on a permanent foundation and certified as meeting the building code 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.

A residential dwelling consisting of a building containing three or more dwelling units. For the purpose of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall.

The rooms, studio, office or occupational service area of a doctor, dentist, lawyer, musician, artist, architect, writer, clergyman or similar professional person. Examples include; auditor, adjuster, advertising, audio visual, book dealer (no on-premises sales), bookkeeper, booking agent, broadcasting, broker, clergymen, collector (no on-premises buying or selling), computer science, consumer organization, consultant, counselor, crafts (use of major mechanical or electrical equipment shall be prohibited), decorator, designer, doctor (excluding veterinarians), drafting, drama (theater crafts), economist, editor, educator, engineer, entertainment bureau, fashion (nonmanufacturing), financial planning, housing consultant, human resource planning, human services, insurance investigator, investment counselor, lawyer, management, marketing, placement service, promoter, real estate, stock broker, therapist. This use is distinct from "home office" which does not allow any customers or employees to be on-site.

A residential development within the growth zone that can be approved outside of the normal zoning requirements of this chapter and can include commercial areas in a residential district under certain provisions.

Renting of a furnished home or portion of a home listed for use on a daily or weekly basis in a residential district and not considered commercial lodging. Can be listed on line (AirBob, HomeAway, or similar sites) or in physical media (newspaper, bulletin boards, etc.). If a stay is longer than 30 consecutive days, then this is not considered a short-term rental and the conditions would not apply.

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

A residential shelter used for the temporary habitation of the occupants of a home that has been damaged or destroyed. This structure is to be located on the same property as the destroyed or damaged home by temporarily waiving the use, setback, yard, area and dimension requirements of this chapter until said damage can be repaired or the dwelling replaced. This residence may be a mobile home.

A single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two sides.

This includes religious, grant-making, civic, professional, and similar organizations. This use is included in the institutional, regional and neighborhood category.

A facility licensed by the State of Delaware or qualified to be licensed by the State of Delaware as a child-care center that furnishes care, supervision and/or guidance for more than nine children, unaccompanied by parents and/or guardian for periods of less than 24 hours per day. This use is included in the institutional, regional and neighborhood category.

Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business. This use is included in the institutional, regional and neighborhood category.

This includes colleges, universities, and professional schools. These uses may include student housing and other related facilities on-site. (NAICS Reference - 6112: Junior Colleges; 6113: Colleges, Universities, and Professional Schools).

A facility maintained for the purpose of providing accommodations for persons who are in need of temporary housing or shelter.

A building or group of buildings having room facilities for overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans and which may include related facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. (NAICS Reference - 622:Hospitals).

These uses include museums, aquariums, zoos, cultural or arts centers, civic and social organizations, day-care centers for all ages, cemeteries and all other public or private indoor institutional uses which are not otherwise defined in this section. [NAICS Reference - 71211: Museums; 71212: Historical Sites; 71213: Zoos and Botanical Gardens; 62412: Services for the Elderly and Persons with Disabilities; 6244: Child Day-Care Services; 813: Religious, Grant-making, Civic, Professional, and Similar Organizations (unless a paper office only with no additional use attached or is a stand-alone residential use): 8122: Death Care Services].

All sheltered care, and group care, except group home facilities (of any type) where total occupancy is 10 or fewer, shall be considered institutional residential use. Also, institutional housing where there is commercial rental or condominium ownership combined with any of the following: common food service, nursing or health care, dormitories, fraternities, or sororities are in this category if not on the same property as the school, university, or college. [NAICS Reference - 623: Nursing and Residential Care Facilities; 62422: Community Housing Services; 813110: Convents or Monasteries Not Attached to Proper Religious Use or School (i.e., residences only); 7213: Rooming and Boarding Houses]

This is housing where the residents are assigned to the facility and are under the protective care of the city, County, state or federal government. This use includes jails, prisons, work release, other similar facilities. (NAICS Reference - Portion of 561210: Correctional Facility or Jail Operation on a Contract or Fee Basis, Jails, privately operated; 92214: Correctional Institutions).

These uses include public service facilities, e.g., ambulance, fire, libraries, police, rescue, national security, and government buildings. [NAICS Reference 62423: Emergency and Other Relief Services (disaster shelters); 92: Public Administration (except 92214: Correctional Institutions which are classified elsewhere); 491: Postal Service]

All public and private schools are permitted by right in all districts except IG and IL. If a residential component is part of the campus, a conditional use will be required. (NAICS Reference - 6111: Elementary and Secondary Schools).

A parcel of land where campsites are established as temporary living quarters for recreation, education or vacation purposes. [NAICS Reference - 7212: RV (Recreational Vehicle) Parks and Recreational Camps]

Any tent, trailer, cabin, lean-to, recreational vehicle, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation purposes.

Any plot of ground within a campground intended for the exclusive occupancy by a camping unit or units under the control of the camper.

These uses are characterized by one or more of the following: building or site development intensive, regional in nature, spectator oriented, fee required, community impacts: e.g., lighting, trash, noise, traffic. [NAICS Reference - 487: Scenic and Sightseeing Transportation (an airstrip or helipad as part of this use is subject to conditional use review); 7111: Performing Arts Companies; 7112: Spectator Sports (except 711212: Racetracks); 71311: Amusement and Theme Parks; 71392: Skiing Facilities; 71393: Marinas; 71394: Fitness and Recreational Sports Centers (Indoor); 71395: Bowling Centers; Portion of 71399: All Other Amusement and Recreation Industries (uses similar in nature to those listed in this section only). Motorsports are specifically excluded.

Competition around any facility, track, or course upon which racing or timed events are conducted using motorized vehicles, including but not limited to automobiles, motorcycles, dirt bikes, go-carts, and ATVs. This also includes incidental uses, such as driving schools, practice sessions, test sessions, exhibitions, visitor track days, and repair or modification of vehicles. (NAICS Reference - 711212: Racetracks)

Any establishment or portion thereof which offers sexually oriented material, devices, paraphernalia, services or performances, or any combination thereof, or in any other form, whether printed, filmed, recorded or live; and which excludes admission or participation in any manner by persons under the age of 18. Furthermore, the term "sexually oriented" shall be interpreted in the context of the following specified sexual activities and anatomical areas:

A publicly held sale at which property or goods are sold to the highest bidder. (NAICS Reference - Portion of 423110: Automobile Auction Merchant Wholesalers only; 42452: Livestock Merchant Wholesalers; Portion of 424590: Auction Markets, Tobacco, Horses, Mules, Merchant Wholesalers)

A building and/or property that can be rented or leased for a single event (i.e., wedding receptions, graduation parties, business parties, retirement luncheons). The owner may provide food service with proper licensing or may allow an off-site company to cater the event. (NAICS Reference - Portion of 531120: Banquet Hall Rental or Leasing only; Portion of 72232: Banquet Hall Rental or Leasing only) Properties that meet the criteria of 9 Del. C. § 306 are not subject to the process required as part of this use category. This section states that agritourism activities may be allowed statewide on farms meeting the state's criteria. One such approved tourism activity is barn parties or farm festivals.

This is any place of lodging in which there are no more than eight guestrooms, or suites of rooms, available for temporary occupancy for varying lengths of time, with compensation to the owner, by the general public, and in which meals may be prepared for them, provided that no meals may be sold to persons other than such guests, and that the owner resides therein as his or her principal place of residence. Commercial hunting lodges do not have to be the principal home of the owner of the lodge, but an operator of the business must be on site at all times as long as rooms are being rented. (NAICS Reference - 721191: Bed-and-Breakfast Inns)

A public room or building where gambling games are played. All casinos operating under this section must also be approved by the State of Delaware. (NAICS Reference - 71321: Casinos; 72112: Casino Hotels).

These uses include hotels, motels, or a building or group of buildings offering transient lodging accommodations on a daily rate to the general public. Additional services to be provided may include a restaurant, meeting rooms, and recreational facilities. [NAICS Reference - 72111: Hotels (except casino hotels which are classified elsewhere) and Motels; 721199: All Other Traveler Accommodation]

All uses in the following categories are included, unless listed in heavy retail or elsewhere in this chapter. [NAICS Reference - 44133: Automotive Parts and Accessories Retailers; 44411: Home Centers; 44412: Paint and Wallpaper Retailers; 44414: Hardware Retailers; 44423: Outdoor Power Equipment Retailers; 445: Food and Beverage Retailers; 449: Furniture, Home Furnishings, Electronics, and Appliance Retailers; 455: General Merchandise Retailers; 456: Health and Personal Care Retailers; 4572: Fuel Dealers; 458: Clothing, Clothing Accessories, Shoe, and Jewelry Retailers; 459: Sporting Goods, Hobby, Musical Instrument, Book, and Miscellaneous Retailers (except tack/saddlery stores and 45993); 512: Motion Picture and Sound Recording Industries; 513: Publishing Industries; 518: Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services; 519: Web Search Portals, Libraries, Archives, and Other Information Services; 52: Finance and Insurance; 53: Real Estate and Rental and Leasing (except 53113. 5321. 53241); 54: Professional, Scientific, and Technical Services (except 54194); 55: Management of Companies and Enterprises; 5611: Office Administrative Services; 5612: Facilities Support Services (except jail or correctional facility operation); 5613: Employment Services; 5614: Business Support Services; 5615: Travel Arrangement and Reservation Services; 5616: Investigation and Security Services; 5619: Other Support Services; 6114: Business Schools and Computer and Management Training; 6115: Technical and Trade Schools; 6116: Other Schools and Instruction; 6117: Educational Support Services; 621: Ambulatory Health Care Services (includes all doctors' offices); 62411: Child and Youth Services; 62419: Other Individual and Family Services; 62421: Community Food Services; 6243: Vocational Rehabilitation Services; 7113: Promoters of Performing Arts, Sports, and Similar Events; 7114: Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures; 7115: Independent Artists, Writers, and Performers; 71312: Amusement Arcades; 71329: Other Gambling Industries; Portion of 71399: All Other Amusement and Recreation Industries (examples include dance halls, discotheques, billiard halls, eSports facility, escape rooms, axe throwing, etc.): 8112: Electronic and Precision Equipment Repair and Maintenance; 8114: Personal and Household Goods Repair and Maintenance; 812: Personal and Laundry Services (except dry cleaning plants, pet care services, and death care services which are classified elsewhere)]

A building or outdoor yard for vehicle or equipment storage, repair, maintenance and service, which may include offices (administrative or business). Utility companies that have their maintenance or equipment/material storage yards. (NAICS Reference - 238: Specialty Trade Contractors; 56172: Janitorial Services; 56173: Landscaping (Horticultural) Services; 56174: Carpet and Upholstery Cleaning Services; 56179: Other Services to Buildings and Dwellings)

A commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premises and to a window or mechanical device through or by which the customer is services without existing the vehicle.

A place where fuel is sold for vehicles, often with accessory convenience store, car wash, and/or vehicle charging stations. (NAICS Reference - 4571: Gasoline Stations).

All uses in the following categories are included, unless stated elsewhere in this chapter. [NAICS Reference - 42: Wholesale Trade (except those uses consider agriculture under Delaware state law); 492: Couriers and Messengers; 44418: Other Building Material Dealers (e.g., lumberyards); 484: Truck Transportation; 4884: Support Activities for Road Transportation; 485: Transit and Ground Passenger Transportation; 4885: Freight Transportation Arrangement; 4889: Other Support Activities for Transportation (except stockyards); 516: Broadcasting; 517: Telecommunications; 53241: Construction, Transportation, Mining, and Forestry Machinery and Equipment Rental and Leasing; 56171: Exterminating and Pest Control Services; 8113: Commercial and Industrial Machinery and Equipment (except automotive and electronic which are classified elsewhere) Repair and Maintenance; 812320: Only dry cleaning plants from this section.

A building or group of buildings that are used for self-storage. They contain a variety of individual units that are rented out for the purpose of storing personal belongings. (NAICS Reference - 53113: Lessors of Mini warehouses and Self-Storage Units).

A building or group of buildings on a lot planned, designed and managed as an integrated development comprised of residential and nonresidential uses in a single building oriented to a pedestrian scale and intended to provide convenient shopping, employment and residential opportunities while reducing vehicular trip generation. This use is meant to be predominantly commercial in nature, but residential uses and live/workspaces are to be provided in deference to the character of the commercial design.

All uses related to moving vehicles and supporting services like gas stations and car washes, including manufactured/mobile home dealers. [NAICS Reference - 4411: Automobile Dealers; 4412: Other Motor Vehicle Dealers; 44134: Tire Dealers; 45993: Manufactured (Mobile) Home Dealers; 5321: Automotive Equipment Rental and Leasing; 8111: Automotive Repair and Maintenance]

Any commercial structure or group of structures less than 175,000 square feet is not considered a regional shopping center automatically requiring a conditional use. This use would follow the normal process established for the specific business proposed.

[NAICS Reference - 52: Finance and Insurance; 5312: Offices of Real Estate Agents and Brokers; 5313: Activities Related to Real Estate; 54: Professional, Scientific, and Technical Services (except 54194: Veterinary Services. See: commercial kennel.); 55: Management of Companies and Enterprises; 5611: Office Administrative Services; 5613: Employment Services; 56141: Document Preparation Services; 56151: Travel Agencies; 621: Ambulatory Health Care Services (includes all doctors' offices)]

Any structure or group of structures that meets or exceeds 175,000 square feet of total floor area is considered a shopping center (which will also require review from the State of Delaware's Preliminary Land Use Service). This use may be an establishment planned, development and managed as a unit, with shared off-street parking, signage, utilities, landscaping, pedestrian and vehicular access provided on the site. Once approved through the conditional use process, all permitted or conditional uses in that zoning district may locate in the shopping center (except adult uses).

Includes bars and taverns, [NAICS Reference - 722: Food Services and Drinking Places]

Location which specializes in the treatment and preventive care of athletes. It may provide athlete and/or nonathlete care, physical therapy, and medical rehabilitation.

These extractions are for commercial uses regarding the excavation of sand, clay, gravel, stone and/or other earth material where no material is processed. There is no size limitation on the property utilizing level two extractive use. There is no requirement to keep excavated material on the property for extractive commercial uses.

These extractions are for commercial uses with the additional function of processing the borrowed/extracted material. If the applicant wanted to create a processing site without extractive operations at a site, this same process would apply. "Processing" is defined as the act of screening, mixing, blending, treating and/or washing the excavated/borrowed material.

This category includes extraction uses such as mining and quarrying, and any other extraction use. (NAICS Reference - 21: Mining, Quarrying, and Oil and Gas Extraction). Excavation of any earth product on a property, for any nonexempt purpose.

Accessory retail storefront/gift shop is permitted for products that are manufactured on site. The area for this use must be subordinate to the manufacturing use and must meet all commercial building code requirements for the use. (NAICS Reference - 3113: Sugar and Confectionery Product Manufacturing; 3114: Fruit and Vegetable Preserving and Specialty Food Manufacturing; 3115: Dairy Product Manufacturing; 3117; Seafood Product Preparation and Packaging; 3118; Bakeries and Tortilla Manufacturing; 3119; Other Food Manufacturing; 3122; Tobacco Manufacturing; 321: Wood Product Manufacturing (except sawmills which are classified elsewhere); 327215: Glass Product Manufacturing Made of Purchased Glass; 482; Rail Transportation; 4882; Support Activities for Rail Transportation; 483: Water Transportation; 4883; Support Activities for Water Transportation).

Accessory retail storefront/gift shop is permitted for products that are manufactured on-site. The area for this use must be incidental and subordinate to the manufacturing use and must meet all commercial building code requirements for the use. {NAICS Reference - 313: Textile Mills; 314: Textile Product Mills; 315: Apparel Manufacturing; 316: Leather and Allied Product Manufacturing [except 3161 (Hazardous)]; 323: Printing and Related Support Activities; 326: Plastics and Rubber Products Manufacturing [except tires 3262 (Hazardous)]; 3271; Clay Product and Refractory Manufacturing; 327991: Cut Stone and Stone Product Manufacturing; 3322: Cutlery and Handtool Manufacturing; 3323: Architectural and Structural Metals Manufacturing; 3324: Boiler, Tank, and Shipping Container Manufacturing; 3325: Hardware Manufacturing; 3326: Spring and Wire Product Manufacturing; 3327: Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing; 3328: Coating, Engraving, Heat Treating, and Allied Activities; 33291: Metal Valve Manufacturing; 332991: Ball and Roller Bearing Manufacturing; 332996: Fabricated Pipe and Pipe Fitting Manufacturing; 332999: All Other Miscellaneous Fabricated Metal Product Manufacturing; 3331: Agriculture, Construction, and Mining Machinery Manufacturing; 3332: Industrial Machinery Manufacturing; Portion of 3333: Optical Instrument and Lens Manufacturing, Photographic and Photocopying Equipment Manufacturing only; 3335: Metalworking Machinery Manufacturing; 3336: Engine, Turbine, and Power Transmission Equipment Manufacturing; 3339: Other General Purpose Machinery Manufacturing [except 333914 (Hazardous)]; 334: Computer and Electronic Product Manufacturing; 335: Electrical Equipment, Appliance, and Component Manufacturing; 337: Furniture and Related Product Manufacturing; 339: Miscellaneous Manufacturing}

Uses that are solely outdoor storage of equipment, vehicles, or materials.

{NAICS Reference - 22132: Sewage Treatment Facilities; 3111: Animal Food Manufacturing (except those allowed as agricultural manufacturing); 3112: Grain and Oilseed Milling; 3121: Beverage Manufacturing; 3161: Leather and Hide Tanning and Finishing; 322: Paper Manufacturing; 324: Petroleum and Coal Products Manufacturing; 325: Chemical Manufacturing; 32621: Tire Manufacturing; 327211: Flat Glass Manufacturing; 327212: Other Pressed and Blown Glass and Glassware Manufacturing; 327213: Glass Container Manufacturing; 3273: Cement and Concrete Product Manufacturing; 3274: Lime and Gypsum Product Manufacturing; 3279: Other Nonmetallic Mineral Product Manufacturing [except 327991 (light industrial)]; 331: Primary Metal Manufacturing; 3321: Forging and Stamping; 332992: Small Arms Ammunition Manufacturing; 332993: Ammunition (except small arms) Manufacturing; 332994: Small Arms, Ordnance, and Ordnance Accessories Manufacturing; 3333: Commercial and Service Industry Machinery Manufacturing (except what's listed in light industrial); 3334: Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing; 333914: Measuring and Dispensing Pump Manufacturing; 336: Transportation Equipment Manufacturing; 562: Waste Management and Remediation Services (except 562212 and 56292)}

This use includes any land or structure used for salvaging, recycling, resource recovery, or storing of wastepaper, rags, scrap metal, and discarded materials, and the collection, dismantlement, storage, and salvage of two or more inoperative vehicles, automobiles, boats, trucks, farm vehicles or equipment, or other types of machinery. This use also includes the dismantling and/or recycling of mobile and manufactured homes. This includes the aggregate storage of man-made equipment, machinery, scrap, or other used materials having a total cubic volume of 700 cubic feet. Where there is no exterior storage, and all the material is stored inside buildings with impervious floors, the use shall be considered light industry. This use is not meant to allow for the approval of a junkyard. [NAICS Reference - 56292 Materials Recovery Facilities; 42314 Motor Vehicle Parts (Used) Merchant Wholesalers; 42393 Recyclable Material Merchant Wholesalers]

A place where wood is cut into boards or other forms, usually with heavy machinery. Mulching operations create mulch out of wood products and other materials. [NAICS Reference - 321113: Sawmills]

Any facility for the regional generation, transmission, distribution, treatment, disposal, or storage of power, and water. This use shall exclude disposal of hazardous or radioactive waste materials, which are prohibited. [NAICS Reference - 221: Utilities (except 221114, 221115, and 22132)]

Utility substations, gas regulators, public water supply well or intake, transmission or local distribution facilities, including water storage tank, reservoir and treatment at the wellhead or spray irrigation facility. This section does not apply to minor government utilities. [NAICS Reference - 221: Utilities (except 221114, 221115, and 22132)]

49311: General Warehousing and Storage; 49312: Refrigerated Warehousing and Storage (except for farm products grown on-site); 49319: Other Warehousing and Storage).

A device or structural design feature, the primary purpose of which is to provide for the collection, storage and distribution of energy for heating or cooling, electricity generating, or water heating for the purpose of reducing or meeting on-site needs.

This use includes all airports and flight training schools, including those for the private use of an individual. This term shall include commercial service category airport as defined as a publicly owned airport classified as a commercial service category airport pursuant to the National Plan of Integrated Airport Systems and also having a Part 139 Certification pursuant to 14 CFR Part 139. (NAICS Reference - 481: Air Transportation; 4881: Support Activities for Air Transportation)

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.

A renewable energy-generating facility, no larger than 50 acres in size, that serves multiple customers who share the output of the generator, which may be located either as a stand-alone facility or behind-the-meter of a participating owner or customer. The facility shall be interconnected to the distribution system and operated in parallel with an electric distribution company's transmission and distribution facilities. (NAICS Reference - 221114: Solar Electric Power Generation; 221115: Wind Electric Power Generation)

Locations where bins are provided for residents to deposit their recyclable goods Bins would then be emptied by a public or private waste management service.

A renewable energy-generating facility, located in the service area of a utility under the regulation of the PIM Interconnection LLC Regional Transmission Authority or successor agency, which is stand-alone and sells energy directly into the power grid. (NAICS Reference - 221114: Solar Electric Power Generation; 221115: Wind Electric Power Generation)

A freestanding sign with no visible support structure with low overall height. (See Article XVIII, Signs.)

These are locations where a public parking lot is provided for commuting with other drivers or public transit.

Fundraisers and other similar events. A temporary activity, such as a fair, circus, carnival, bazaar or similar activities (fundraiser, etc.), that does not have any permanent improvements shall be permitted in all zoning districts as a permitted use, provided that the activity does not occur more than seven consecutive days or a maximum of 14 days in a calendar year.

A location where school buses are parked.

A facility, excluding a satellite television dish antenna, established for the purpose of providing wire voice, data, and/or image transmission within a designated service areas. A small cell telecommunications facility must not be staffed and consists of one or more antennas attached to a support structure. An antenna or wireless antenna base station which provides wireless voice, data, and image transmission within a designated service area as part of a small cell telecommunications facility may consist of a low-powered access node with not more than five watts of transmitter output power per antenna channel and may not be larger than a maximum height of three feet and maximum width of two feet. A small cell telecommunications antenna may be installed on existing rooftops, structures, or support structures where permitted.

Any telecommunication facility that is integrated as an architectural feature of a structure or the landscape so that the facility and its purpose to provide wireless services is not visually apparent or prominent.

This category includes radio or television broadcasting towers, cellular communications towers, and antenna arrays, except residential and retail receiving satellite dishes.

A small roofed structure, which may be enclosed by walls, located near a street and designed primarily for the protection and convenience of bus, taxi, or other passengers waiting for transit.