Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building, regardless of the technique of connecting the principal and accessory buildings.

Accessory buildings not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main buildings does not precede, or coincide with, the construction of the accessory building, the Building Inspector shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.

Distance between adjacent buildings. The minimum distance between buildings on the same lot shall be 10 feet.

Height and area of accessory building. Accessory buildings shall not exceed two stories or 25 feet in height and may not occupy more than 20% of the yard in which they are located or a maximum of 900 square feet, whichever is smaller, except that agricultural buildings are excluded from these requirements.

Location of parking. An accessory building or a private parking area shall not be located in any required front yard space, except that nothing shall prohibit an owner of a home from counting his driveway as one parking space per dwelling unit. If erected on a corner lot, it shall be set back from the side street to comply with the setback line applying to the principal building for that side street.

The density shall not exceed 10 dwelling units per acre.

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the apartment development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural feature, and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each dwelling unit.

Garden apartment building complexes may consist of any configuration that meets the yard requirements and does not exceed the following overall or component building lengths:

Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building to the edge of the tract, a lot line, a street line, or the yard line of another building on the same tract. The total minimum distance between buildings shall be the sum of the two abutting yard areas. The minimum yards shall be 50 feet for front yards, 20 feet for side yards, and 50 feet for rear yards. No building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width. In addition, no garden apartment shall be located closer than 50 feet to any lot line.

Total building coverage shall not exceed 15% of the total land area of the tract. The total area devoted to parking shall not exceed an additional 20% of the tract. All parking facilities shall be on the same site as the building and within 150 feet of the nearest entrance of the building they are intended to serve and shall be provided in accordance with § 210-40.

For garden apartment houses, the minimum lot width and depth shall be 300 feet each; but, in any event, the site shall be larger if necessary to provide for the parking, recreation, area and yard and other provisions of this chapter.

Any development in excess of 12 apartments shall include improved recreation space at least equivalent to the building coverage. Such recreation space shall be located and improved as shown on the approved site plan and shall be at least 6,000 square feet in area, at least 75 feet wide and have a grade less than 5%.

In any district on a corner lot, corner sight triangles, in accordance with the illustrations and chart below, shall be required in which no grading, planting or structure shall be erected or maintained along the street side more than one foot above the street center line.

No fence or wall, including an agricultural or living fence, shall be erected higher than six feet, except that fences in or around a utility or industrial use may be erected to a maximum of 12 feet in height.

A boundary fence or wall, including an agricultural or living fence, may be erected on any property used for residential purposes in any district on that side of the property which adjoins any property used for commercial or industrial purposes to a maximum height of not more than eight feet.

Such fences and walls provided in this section may be permitted in the yard setbacks; provided, however, that sight triangles as provided in Subsection A shall be maintained.

A building permit shall be required before construction or installation of any fence or wall, including an agricultural or living fence.

Any motel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. There shall be no separate single units of accommodation built. The minimum number of units of accommodation in any single building shall be 10.

Parking space or one space for each unit of accommodation where the motel is located shall be provided.

Separate buildings, or the use of a portion of the main building thereof, shall be permitted for accessory uses to any motel. Such separate buildings or parts of the main building shall be restricted to accessory uses customarily incident to the operation of a motel, such as rest rooms, offices, swimming pools, cabanas, meeting rooms, lounges, etc., and restaurants shall be permitted in such accessory building or portion of the main building thereof. These buildings shall have permanent walls and windows as may be necessary for ventilation. The complete sales transaction and delivery of merchandise shall be conducted inside the walls of the building.

All buildings shall conform to a single architectural style.

All open areas other than those areas used for parking purposes shall be landscaped and maintained by the owner of the motel.

All Town ordinances and departmental regulations concerning the construction of foundations and buildings and the installation of utility lines shall be applicable to the construction of all buildings to be used in connection with the operation of motels.

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner; if a nonconforming use of a structure, or a structure and land in combination, is discontinued or abandoned for 12 consecutive months; or if a nonconforming use of land ceases for period of six months. Thereafter the use of such building, structure and/or land shall be in conformity with this chapter.

Conversion to permitted use. Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again into a nonconforming structure or use.

Restoration.

Repairs and maintenance. Such repairs and maintenance work as required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use.

Sale. Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided that the other provisions of this section are met.

Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which does not meet all the yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal to the Board of Adjustment, provided that the total permitted building coverage is not exceeded and the accessory building and/or any addition do not violate any other requirements of this chapter, such as, but not limited to, height, setback and parking.

Any vacant lot existing at the effective date of adoption or amendment of this chapter, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a building permit issued for a use permitted for that zoning district without an appeal to the Board of Adjustment, provided that the building coverage limit is not exceeded, parking requirements are met, and the yard and height provisions are reduced by the same percentage that the area of such lot bears to the zone district requirements, except that no side yard shall be less than half that required by this chapter or five feet, whichever is greater, and no building shall be required to have a height less than one story or 12 feet.

For other than lots with detached dwelling units, screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking and loading areas and any lot line or street line, except where a building intervenes or where the distance between the parking area and the lot line or street line is greater than 150 feet or where corner sight triangles (as illustrated in § 210-35A of this chapter) bar screening. All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential district or use, and the front yards of adjacent industrial or office uses. Such screening may be by plants and/or fencing and/or brick or stone walls. In lieu of screen planting, a fence of woven lattice, decorative masonry wall or cedar fence with a maximum of three-fourths-inch spacing or any combination of plantings, walls and fences may be provided not less than four feet in height with fences and walls not more than six feet in height, maintained in good condition and without advertising. All fences and walls shall be landscaped. A minimum of one parking space per every 30 parking spaces shall be landscaped within the parking area with 1/2 of said areas having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet in order to break the view of long rows of parked cars in a manner not impairing visibility.

Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and in accordance with § 210-37. No lights shall be higher than 25 feet or the height of the building, whichever is less.

Surfacing and curbing.

Access. Entrance and exit drives crossing the street line shall be limited to two along the frontage of any single street, and their center lines shall be spaced at least 75 feet apart; handle no more than two lanes of traffic; be at least 100 feet from the street line of any intersecting street; and at least 10 feet from any property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners and the driveway connected with the street in the same manner as another street. Continuous open driveways in excess of 16 feet resulting in the elimination of curbing along streets shall be prohibited, except that for commercial and industrial uses, driveways of more than 16 feet may be permitted with the approval of the Planning Commission, but in no case shall a driveway more than 16 feet in width be permitted without provision for a fifteen-foot island.

Location of parking. Required off-street parking and loading spaces shall be on the same lot or premises with the use served regardless of the number of spaces required by this chapter, except in the UB Zoning District. Off-street parking and loading may occupy front, side and rear yard areas subject to site plan approval by the Planning Commission but shall be no closer than either 20 feet to any street line or to the edge of any required buffer area outlined in § 210-41. No parking of vehicles shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas. Nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space, except that no portion of the driveway within the street right-of-way shall be considered as any portion of an off-street parking space. Off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, except for dwelling units each having an individual driveway. Bays in a garage, whether attached or unattached to a dwelling, shall not be included in the calculation for required off-street parking spaces.

Time for provision. All minimum requirements for off-street parking shall be met at the time of the erection, enlargement, alteration or changed use for any main structure and shall apply to the entire structure, whether or not the entire structure was involved in the erection, enlargement, alteration or changed use.

The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. Aisles providing access to parking spaces shall have the following minimum dimensions:

Off-street loading spaces shall be located so that no vehicle waiting to be loaded or unloaded, maneuvering into a space, or parked in a space shall interfere with any parking space, sidewalk, street, fire lane, driveway, aisle or other loading space.

Parking spaces shall be 10 feet in width and 20 feet in length, unless otherwise provided in this section.

Overflow parking in residential developments. In residential developments, extra, overflow parking spaces interspersed within and throughout the development they serve, shall be required in addition to the minimum number of off- street parking spaces which are otherwise required by this Zoning chapter. Parking spaces within a garage shall not be included when determining compliance with the overflow parking requirement. The total number of required parking spaces shall be in accordance with the following:

Buffering, screening, and landscaping regulations. The regulations contained in this section are intended generally to ensure land use compatibility, promote the greening of development, improve aesthetics, ensure adequate provision of open space, and protection of trees.

Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.

Floodplain regulations.[1]

Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare will not become a nuisance to adjoining properties, adjoining districts or streets.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses.

Noise.

Odor. Odors shall not be discernible at the lot lines or beyond.

Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.

Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction activity. The standards below are as set forth in the Table of Frequency Amplitude Relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.

Other standards. All other standards, including, but not limited to, radiation, smoke emission, solid particle emission or steam or noxious gas emission, shall be regulated by the Air Pollution Code of the State of Delaware and shall meet the maximum standards set forth therein.

No service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any firehouse, school, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut.

All appliances, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations, but shall be no closer than 50 feet to any future street line or 20 feet to any property line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building. New automotive parts or accessories for sale or used in the conduct of the business may be displayed during the business hours of the establishment but must be located at least 20 feet from any street or property line.

No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highways, shall be permitted on the premises of any service station. It shall be deemed evidence of violation of this chapter if more than four motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building, excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed and roofed building, but at least 20 feet from any street or property line, for a period of time not to exceed four days, and provided that the owners are awaiting repair of said motor vehicles.

Purpose; definitions.

Signs permitted in all districts; exemptions from regulations. The following signs are permitted in all districts and are exempt from the regulations of this article regarding height, area, and permits:

Sign permits required.

Prohibited signs.

General provisions; measurements.

No bar, as defined in Article II, Definitions, shall be allowed.

No bar area, as defined in Article II, Definitions, shall be allowed in any outside service area.

A restaurant may have a bar area, as defined, where stand-up consumption of alcoholic beverages for patrons is allowed, provided that the number of patrons in the bar area does not exceed the Fire Marshal's occupancy limit for that area and such bar area is located on the same floor level as the permanent seated dining area.

Stand-up consumption of alcoholic beverages is not allowed in the permanent seated dining area, including any outside service area.

All tables and chairs in the permanent seated dining area of a restaurant shall be maintained and located in an accessible and usable configuration at all times and may not be temporarily moved so as to increase any bar area.

Music or entertainment, live or recorded, may be allowed in any outside service area; provided, however, that no such music or entertainment shall be provided after 10:00 p.m.

Music may be offered in a restaurant or its bar area.

All windows and doors of any restaurant or bar area shall remain closed, except for the passage of patrons, when music is being played.

A minimum of 85% of the patron area must be dedicated as a permanent seated dining area.

A restaurant may not serve alcoholic beverages in the morning before 9:00 a.m. or in the evening later than 1:00 an or later than the time when the offering of complete meals in the permanent seated dining area ends, whichever is earlier. Hours of operation for any restaurant or eatery outside service area: Such outside service area shall be no earlier than 8:00 a.m. and no later than 11:00 p.m., including setup and final cleanup. In the case of a restaurant or eatery that includes an outside service area, such outside Service Area may be suspended or revoked if there have been three or more cases during a calendar year of violations of any Town ordinances. Oral and written notice of each such violation will be given to the licensed restaurant or eatery owner. Such revocation may be immediate, deferred to the entire season for the following year, or both.

No restaurant or eatery may operate without a valid certificate of compliance and business license from the Town.

Private permanent residential swimming pools shall adhere to the following standards:

Public swimming pools or clubs intended for open use of the public or to club members shall adhere to the following standards:

No more than 12 townhouses nor less than four shall be attached to produce one overall structure. The density shall not exceed 10 dwelling units per acre.

An overall structure shall have a compatible architectural theme but the appearance of each townhouse shall be distinct from adjacent units by using such techniques as varying unit widths; providing different exterior materials; changing the roof lines and roof designs; and/or changing the types of windows, shutters, doors and exterior colors.

Building setbacks shall vary so that not more than two adjacent units shall have the same setback. Any variation in the setback shall be at least three feet. No townhouse shall be closer than 10 feet to the edge of any off-street parking facility or to the future right-of-way of the street.

(Reserved)[1]

Any development in excess of 12 townhouses shall include improved recreation space at least equivalent to the building coverage. Such recreation space shall be located and improved as shown on the approved site plans and shall be at least 6,000 square feet in area, at least 75 feet wide and have a grade less than 5%.

The standards set for the construction of garden apartments in Subsections D, E and F of § 210-32 of this chapter shall also apply to townhouses.

A satellite antenna shall be permitted only as an accessory use on a lot that contains a principal structure and for which a building permit has been issued.

A satellite antenna shall be permitted only in the rear or side yard, and no lot shall contain more than one satellite antenna.

A satellite antenna shall be permitted only as a freestanding structure.

There shall be rear and side yard setbacks in compliance with rear and side yard setbacks for accessory buildings in the district in which the property is located. The setbacks shall be measured from the widest part of the satellite antenna.

Any permitted satellite antenna shall not have a surface receiving area greater than 12 feet in diameter.

Each satellite antenna shall be designed in compliance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennae for Satellite Earth Stations, or any modifications or successor to such standards, as well as any other construction or performance standard, rule or regulation of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as shall be deemed appropriate by the Town shall be submitted to the Town as a condition for the issuance of the building permit required by this section.

Purpose. The purpose of this section is to provide for certain uses which cannot be well adjusted to their environment and particular location with full protection offered to surrounding properties by rigid application of the district regulations. These uses are generally of a public or semipublic character, temporary in nature and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of the relationship to the Comprehensive Plan and possible impact not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on location and site plan.

Conditional uses enumerated. The following buildings, structures and uses shall be approved by the Town Council as conditional uses in any district in which they are listed in accordance with this chapter and in accordance with the procedures and standards of this section, provided that the location is appropriate and that the public health, safety, morals and general welfare will not be adversely affected, that adequate off-street parking facilities will be provided, that they do not contribute to the traffic problem on congested roads and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values, and further, provided, that the additional standards of this section are met. Unless otherwise specified in this section or specified as a condition of approval, the height limits, yard space, lot area and sign requirements shall be the same as for other uses in the district in which the conditional use is located.

Procedures; preliminary site plan required. A preliminary site plan complying with the requirements of site plan review, § 210-45 of this chapter, or, in the discretion of the Building Inspector, containing information sufficient to determine compliance with the terms of this chapter, shall accompany an application for approval of a conditional use under this section, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use and approval and amendment of site plans are the same as for site plan review, § 210-45.

Approval valid for one year. Approval of a conditional use under this section shall be valid for a period of one year after the date of approval and thereafter shall become null and void unless extended by specific action of the Town Council.

Revocation of permits. Permits issued under a conditional use approval may be revoked by the Town Manager for failure to comply with conditions of approval or with applicable federal, state, county or Town regulations.

Property posted with notice. The Town Manager shall cause to be posted at one or more prominent and easily visible places on the property which is the subject of the conditional use application, on eighteen-inch-by-twenty-four-inch yellow cardboard, a public notice setting forth the date and time of the Town Council meeting during which the conditional use application will be considered, the name of the party requesting the conditional use, the application number assigned to the conditional use request (if any), a description of the property involved, and a statement, in plain language, of the nature of the conditional use requested. The notice shall also include Town Hall's address and telephone number for interested parties seeking further information on the Town Council meeting and the requested conditional use. One such notice sign shall be posted for each street on which the subject property fronts. It shall be the responsibility of the party who has requested the conditional use, and not the responsibility of the Town, to maintain the notice signs in good condition during the posting period. Said notice sign or signs shall be posted at least 15 days prior to the Town Council meeting during which the conditional use application will be considered and shall remain posted until the Town Council has taken a final action upon the requested conditional use. The foregoing property posting requirements shall apply to both initial conditional use applications and any applications for the renewal or extension of a previously approved conditional use.

When used in this section, the term "person" shall include a natural person, an individual, a joint-stock company, a partnership, a society, club, firm, company, corporation, or any group acting as a unit or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them, including an executor, administrator, trustee, receiver or other representative appointed according to law.

It shall be unlawful for any person to construct, erect, install or place or cause or permit to be constructed, erected, installed or placed upon any property within the Town any temporary structure or shelter, unless accomplished within the provisions of this section.

Temporary structures or shelters used in connection with and while construction on the premises is in progress for a period not to exceed six months.

Temporary structures or shelters to be used in connection with a private social gathering or a private social event for a maximum period of time not to exceed 72 hours.

Temporary commercial structures or shelters for the purpose of conducting business on the premises for a period not to exceed six months.

Temporary structures or shelters for residential storage purposes only and which shall not exceed 500 square feet and 10 feet in height.

When the temporary structure or shelter is permitted pursuant to provisions in this section, the owner of the property shall file an application with the Town Manager on forms supplied by the Town Manager at least 24 hours prior to the placement of the temporary structure or shelter upon the property, stating the location of the property, the date the temporary structure or shelter will be placed upon the property, the type of structure, the purpose for which it is being placed upon the property and the date the temporary structure or shelter will be removed from the property. Upon the filing of the application, the Town Manager shall endorse her approval upon the application, if it complies with this section, or her disapproval with the reason or reasons therefor.

For the purposes of this section, each day or part of a day that a violation continues shall be deemed to be a separate offense.