For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:
ACCESSORY USE OR STRUCTUREA use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.
ARTICULATIONA change in depth of the vertical building plane or a change in building material.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other ordinances have been prepared for purposes of this Floodplain District, the one-hundred-year flood.
BASE FLOOD ELEVATIONThe one-hundred-year flood elevation. Within the floodplain the base flood elevation shall be established as a point at the boundary of the approximated floodplain which is nearest to the construction site in question.
BED AND BREAKFASTAn owner occupied and operated establishment, that provides sleeping accommodations in 10 or less designated guest rooms for rent to guests, on a temporary basis and where no separate cooking facilities are provided.
BOATING FACILITIESBoat ramps, boat slips, wharves, piers, docks, and similar structures providing boats with access to the water.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, activity, equipment, goods or materials of any kind.
BUILD-TO LINEA line parallel to the street right-of-way line that establishes the maximum front yard setback of a building.
BUILD-TO LINE ENCROACHMENTPedestrian-oriented features of buildings, such as one-story porches, entrance hoods, stoops, awnings, canopies, roof overhangs and arcades with occupied or unoccupied floor space above, that are permitted to encroach into the area between the build-to line and curb.
CORNICEThe projection at the top of a wall or the top course or molding of a wall when it serves as a crowning member.
DAY-CARE CENTERA center which provides daytime care or instruction for two or more children eleven years or under and operates on a regular basis.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DRIVEWAYA surface treated and hardened to accommodate vehicles in accordance with the applicable Building Code regulations and being that part of the passage located on private property that provides vehicular ingress and egress to a property fronting on a public street using an approved curb cut and as limited in width by §
230-28E.
DWELLINGA structure designed or used as the living quarters for one or more families, not to include hotel, motel, automobile court, rooming or boardinghouse or tourist home.
DWELLING, ATTACHEDA one-family dwelling on a permanent foundation, the walls on two sides of which are in common with the walls of adjoining dwellings and are party walls.
DWELLING, ONE-FAMILYA detached dwelling on a permanent foundation designed for or occupied by one family only.
DWELLING, SEMIDETACHEDA one-family dwelling on a permanent foundation with one wall in common with only one adjacent dwelling.
DWELLING, MULTIFAMILYA building containing three or more attached dwelling units having common walls and/or roof and a separate entry for each unit. This definition includes townhouses, apartments and multiple dwellings.
DWELLINGS, MULTIPLEA residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.
DWELLING, TWO-FAMILYA detached dwelling on a permanent foundation designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
EVERGREENFlora that maintains green foliage year round.
FAÇADEThe exterior walls of a building.
FAMILYOne or more persons occupying a single housekeeping unit and using common cooking facilities, provided that, unless all members are related by blood or marriage, no such family shall contain over five persons.
FARMERS' MARKETTemporary or occasional outdoor retail sales of farm produce and prepared food from vehicles or temporary stands.
FENESTRATIONThe arrangement of windows and other exterior openings on a building.
FLOODA temporary inundation of normally dry land areas.
FLOODPLAINA relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; or an area subject to the usual and rapid accumulation or runoff of surface waters from any source. For the purpose of this Floodplain District, the one-hundred-year floodplain is defined by nine feet.
FLOODPROOFINGAny combination of structural or nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
FOOTPRINTThe actual dimensions of the external walls of the structure on its foundation at ground level.
GRADE PLANEA reference plane representing the average of finished ground level adjoining the building at exterior walls. Except as otherwise set forth in this chapter, where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the areas between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
HEIGHTThe vertical distance from grade plane to the average height of the highest roof surface. Spires, cupolas, chimneys, antennas, water tanks, belfries, flag staffs, hose towers or other structures and mechanical apparatus placed above roof level, not intended for human occupancy and necessary for the operation of the permitted use, shall not be included in the measurement of vertical dimensions.
HOME OCCUPATION(1) An occupation or a profession which:
(a) Is customarily carried on in a dwelling or in a building or other structure accessory to a dwelling and does not comprise more than 25% of the total floor area of all structures on the lot.
(b) Is owned by a full-time resident of the dwelling unit and shall employ only other full-time residents of the dwelling unit. A home occupation which provides a service that occurs off-site may have additional employees, provided such employees meet and work off-site and are not at the subject residence.
(c) Is clearly incidental and secondary to the use of the dwelling for residential purposes.
(d) Must maintain the residential character and appearance of the structure.
(e) Does not display goods, store a stock-in-trade or sell commodities on the premises other than goods or products produced in the premises.
(f) Does not involve visits by customers to the premises between 9:00 p.m. and 8:00 a.m.
(g) Does not generate greater traffic volumes or increased traffic hazards than would typically be expected in a residential district. No goods or supplies shall be delivered by commercial vehicles either to or from the premises in connection with the home occupation, except by the United States Postal Service or a commercial delivery service.
(h) Does not involve any machining, fabricating, automotive repair, maintenance, painting, or outdoor storage of parts or materials.
(2) In particular, a home occupation includes, but is not limited to the following:
(c) Professional office of a lawyer, engineer, architect or certified public accountant within a dwelling occupied by the same.
(3) However, a home occupation shall not be interpreted to include the following:
(a) Barbershops and beauty parlors.
(b) Physician’s or dentist’s offices.
(c) Automotive repair or maintenance.
HOTEL or MOTELA building or structure having more than 10 guest rooms, providing lodging, food and/or service to the transient traveling public, and may include restaurants, club rooms, public banquet halls, ballrooms or meeting rooms, but the individual living units shall not contain kitchen or cooking facilities.
HVACHeating, ventilation, or air-conditioning system.
INNAn non-owner occupied establishment that provides sleeping accommodations in more than five but less than 10 designated guest rooms for rent to guests, on a temporary basis and where no separate cooking facilities are provided.
INSTITUTIONSAny building, structure, or open area used only by an educational, religious, medical, charitable, philanthropic or other essentially nonprofit organization, either public or private.
JUNKYARDA lot, land or structure or part thereof used primarily for collecting, storage or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.
LOTA parcel of land whose boundaries have been established by a legal instrument such as a recorded deed, court order or a recorded plot which is recognized as a separate legal unit for purposes of transfer of title.
LOT CONSOLIDATIONWhen one or more lots that are nonconforming by reason of size are adjoining or contiguous and are under common ownership, said lots shall be considered consolidated to the extent that a conforming lot or lots can be achieved.
LOT FRONTAGEThe portion of a lot along a street line to which the lot abuts. A lot shall have frontage on an improved public street or, in the GC District, on an improved public or private street. For the purpose of determining yard requirements of corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this section.
LOT LINE, FRONTAny property line which separates a lot from a street right-of-way.
LOT LINE, REARAny property line which separates a lot from an adjoining lot or an alley and which extends from one side line to another.
LOT LINE, SIDEAny property line which separates a lot from an adjoining lot or any alley and which extends from a street right-of-way to a rear line, another side line or another street right-of-way.
LOT MEASUREMENTS(1) DEPTHThe distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(2) WIDTHThe distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80% requirement shall not apply.
LOT, NONCONFORMINGA lot of record which was legal at the time of its creation that does not meet the minimum area requirement of this chapter and which is not adjoining other lands under the same ownership.
MARINAA facility for the storing, servicing, fueling, berthing, and securing of boats.
MASSINGThe three-dimensional shape of a building(s) height, width and depth.
MENU SIGNA temporary sign used to inform the public of the list of entrees, dishes, foods and entertainment available in a restaurant.
NONCONFORMING STRUCTUREAn existing structure that was legal at the time of its creation that exceeds the maximum height or building coverage limitations or minimum setback requirements established by this chapter.
NONCONFORMING USEAn existing use of a lot or a building that was legal at the time of its creation that is not permitted by this chapter in the district in which it is located.
ONE-HUNDRED-YEAR FLOODA flood that has one chance in one hundred or a one-percent chance of being equaled or exceeded in any year.
PARAPETThe portion of a wall which extends above the roofline.
PARKING SPACE, OFF-STREETAn off-street parking space shall comprise not less than 180 square feet per parking stall plus necessary maneuvering space. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. Notwithstanding the foregoing, in the GC District, the average area of each parking space shall be not less than 160 square feet and maneuvering areas shall be no less than 22 feet wide and no parking space shall be less than 153 square feet.
PEDESTRIAN TAKE-OUT WINDOWAn operable window opening in the façade of a commercial building used for the sale of food and/or beverages. Such a window shall be designed for the exclusive use of pedestrians and shall be located to provide a safe waiting area and to not disrupt or impede pedestrian movement on a sidewalk used by the public.
PERSONAL SERVICE SHOPA business which provides a service oriented primarily to personal needs and not primarily involving retail sales of goods or professional advisory services. Included are tailor, barber, beauty salon, shoe repair, dressmaker or dry cleaner (provided no cleaning operations are performed on premises); excluding massage parlors.
PORTICOA covered walk or porch that is supported by columns or pillars; also known as "colonnade."
PRIVATE CLUBS AND LODGESAny building or structure which serves as a meeting place for a selected membership, together with recreation and dining facilities which are not open to the general public.
REDEVELOPMENTA process employed to identify previously developed land that is now vacant, abandoned or underutilized real property where older structures, if they exist, are rehabilitated or replaced.
SANDWICH BOARD SIGNAn A-frame sign that is not permanently attached to the ground or other permanent structure.
SHARED PARKINGThe joint use of parking facilities by agreement of two or more land uses for which peak parking demands occur at different times of the day, such as office buildings and residential units or restaurants and entertainment facilities. Under an approved shared parking arrangement, minimum parking requirements are not calculated exclusively for each use, but rather for the combined total, shared need of all uses.
SHARED PARKING AGREEMENTAn agreement between two or more property owners to share parking as defined herein. A shared agreement must be filed at the time of site plan review and include permanent cross-access easements between the participating parties. A shared parking agreement can be created between existing and proposed developments that are adjoining or adjacent.
SHORT TERM RENTALA house, duplex, apartment, condominium, or other residential dwelling unit or parts thereof where guest or guests rents sleeping or living accommodations of less than 31 days, such as an Airbnb, Vrbo, or other similar rental accommodations.
SIGNAny device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided that the following shall not be included in the application of the regulations herein:
(1) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers and names of occupants of premises not having commercial connotations.
(2) Flags and insignias of any government except when displayed in connection with commercial promotion.
(3) Integral notices; identification, information or directional signs erected or required by governmental bodies.
(4) Integral decorative or architectural features of buildings except letters, trademarks, moving parts or moving lights.
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SIGN, ON-SITEA sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
SIGN, REAL ESTATEA sign announcing the prospective rental, lease or sale of the premises upon which it is situated.
SIGNS, NUMBER AND SURFACE AREA(1) For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display devise containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered a single sign.
(2) The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.
STREET, COLLECTORA street that collects traffic from local streets and connects with minor and major arterials. In the City of New Castle, the following streets are collector streets:
(1) Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, Seventh Street, Ninth Street and Eleventh Street.
STRUCTUREAnything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and posted panels. Structure shall also include anything constructed wholly or partly below ground.
TELECOMMUNICATIONS FACILITIESThe equipment and structures involved in receiving or transmitting telecommunications or radio signals. Such facilities include, singly or together:
(1) ANTENNAA device used to collect or transmit telecommunications or radio signal, including panels, microwave dishes and single poles known as "whips."
(3) TOWERA structure that is intended to support equipment used to transmit and/or receive telecommunications or radio signals, including monopoles and lattice-construction steel structures.
TRANSIT FACILITYA freestanding structure located on a bus or train route, which is designed to accommodate embarking and disembarking transit passengers.
VARIANCEA relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the district or adjoining districts.
YARDA required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any yard.
YARD, FRONTThere shall be a front yard along each front line between the side lines extending inward to a line separated from the front line by a dimension equal to the required front yard dimension.
YARD, REARThere shall be a rear yard along each rear line between the inner side yard lines, extending inward to a line separated from the rear line by a dimension equal to the required rear yard dimension.
YARD, REAR ON CORNER LOTSIn the case of a corner lot with no rear lines as herein defined, the shorter of the two side lines shall be treated as a rear line. Where the two side lines are of equal length either may be selected.
YARD, SIDEThere shall be a side yard along each side line extending its entire length from the rear of the front yard, extending inward to a line separated from the side line by a dimension equal to the required side yard dimension.