(a)

For the purpose of this chapter, certain words and phrases used herein and italicized shall be interpreted or defined as follows:

(1)

Accessory building or structure: A detached or subordinate building on the same property as the principal building, the use of which is incidental and subordinate to that of the principal building.

a.

Accessory building or structure, no impact: An accessory building or structure, whose height does not exceed the height of the highest principal building, and whose use generates no noise, smoke, dust, odor, or pollution above normal local background levels detectable outside of the property line. A no impact accessory building or structure shall not be used for commercial purposes, but may be used for a professional office.

b.

Accessory building or structure, with impact: An accessory building that does not meet the definition or requirements of an "accessory building, no impact."

(2)

Accessory use: A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, except for parking spaces as required in Article XIV of this chapter.

a.

Accessory use, no impact: An accessory use that generates no noise, smoke, dust, odor, or pollution above normal local background levels detectable outside the property line. Backup power generators used only during emergency or maintenance conditions in accordance with the manufacturer's specifications, residential grills and fireplaces shall be considered no impact accessory uses.

b.

Accessory use, with impact: An accessory use that does not meet the definition or requirements of an "accessory use, no impact."

(2.1)

Adult bookstore/adult entertainment center: An establishment where the primary or substantial function is to sell, display, show, or present for the observation of patrons therein, books, magazines, peep shows, mini-motion pictures, merchandise, or other similar material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or section devoted to the sale or display of such material; and, which excludes minors by virtue of age. The above referred to "material" includes, but is not limited to, that which is "live;" recorded on movies, tapes or films; or, which is of a printed nature.

a.

"Specified sexual activities" is defined as follows:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse, or sodomy; and

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

b.

"Specified anatomical areas" is defined as follows:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola; and

2.

Human male genitals at a discernibly turgid state, even if completely and opaquely covered.

(2.2)

Agricultural use land: Land shall be deemed to be in agricultural use when devoted to the production for sale of plants and animals useful to man, including but not limited to: forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.

(3)

Alley: A supplementary thoroughfare which is less than 30 feet in width, dedicated for the public use of vehicles and pedestrians, and affording access to abutting property.

(4)

Alteration: Alteration as applied to a building or structure is a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

(4.1)

Amusement devices, coin-operated: Any amusement machine or device operated by means of insertion of a coin, token, or similar object for the purpose of amusement, skill, or test of strength, and for the playing of which a fee is charged. The term does not include vending machines in which gaming or amusement features are not incorporated, nor does the term include any coin-operated mechanical musical devices. For the purpose of this ordinance, coin-operated amusement devices shall be considered a permitted use in zoning districts BB (Central Business District) and BC (General Business), provided that such devices are clearly incidental and accessory to the primary use of the establishment, and that such devices are limited to a maximum of three in number and/or do not occupy more than 10% of the total gross floor area, whichever is less. Establishments with more than three such devices and/or with such devices occupying more than 10% of the total gross floor area shall meet commercial indoor recreation requirements.

(4.2)

Antenna: Any antenna and related equipment attached to a wireless support structure. Antennas shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground-level.

(5)

Area: The extent of surface contained within the boundaries or extremities of land or building or sign. In computing building area, cornices, eaves, gutters, steps, and balconies are excluded.

(6)

Automotive/vehicle fueling service station. Any premises used for supplying gasoline, or other volatile automotive fuels, oil, and minor accessories and services for automobiles at retail direct to the motorist consumer. The premises may include a retail food store, as defined in this chapter as well as the sale of oil, and minor accessories and services for automobiles. Services may include the making of minor repairs, but not including major repairs such as spray painting, body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring removal therefrom of the cylinder head or crankcase pan; repairs of radiator requiring removal thereof; or complete recapping or retreading of tires.

(6.1)

Automobile/motor vehicle repair shop: A facility used for major repairs of automobiles and related motor vehicles including the following: clutch, transmission, mufflers, shock absorbers, glass, major overhauling of engines requiring removal therefrom of the cylinder head and/or crankcase pans, repairs of radiators requiring removal therefrom; but not including spray painting, body, fender, differential, axle, spraying and frame repairs and not including the sale of gasoline, oil, diesel or other motor fuels.

(6.2)

Automobile wrecking: The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts. This shall be interpreted to exclude towing services with temporary auto storage.

(7)

Automotive sales building: A building used for the sale of, hire of, or remuneration from automotive equipment. This shall be interpreted to include new and used car dealerships and auto accessory sales rooms but not the sale of junked automotive equipment.

(8)

Awning, fixed: A permanent nonretractable protective fixture used over windows and doors to shield from the elements.

(9)

Awning, retractable: A folding or roll-up protective fixture used over windows and doors to shield from the elements.

(9.1)

Bakery-restaurants: An establishment whose primary function is the preparation of baked goods, provide retail carry-out facilities, and sit-down dining facilities for the serving of goods that have been prepared or processed only on the premises.

(9.2)

Balcony (public): An exterior area associated with an assembly use for the purpose of conducting business activities which is one or more stories above grade level.

(10)

Basement: A story having a portion of its height below grade, but with more than one-half the height above average ground level around the building. A basement is counted as a story if the ceiling is more than six feet above the average grade, or if subdivided and used for dwelling purposes other than for a janitor employed on the premises.

(11)

Boarding house: A building or portion thereof arranged or used for sheltering and feeding for compensation of more than three individuals.

(11.1)

Body art: The practice of "body piercing" as defined and "tattooing" as defined. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin and subdermal piercing/implants, that are not performed in a body art establishment. Nor does this definition include, for the purposes of this Code, piercing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems.

(11.2)

Body art establishment: An entity licensed by the State of Delaware that includes "tattoo parlor" and "body piercing establishment" and means any place or premise, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.

(11.3)

Body piercing: The perforation of human tissue excluding the ear for a non-medical purpose. This definition does not include subdermal piercings/implants.

(12)

Building: Any enclosed or open structure other than a boundary wall or fence, occupying more than four square feet within the permitted building area.

a.

Detached: A building which has no party wall.

b.

Semidetached: A building which has only one party wall in common.

c.

Attached: A building which has two party walls in common.

(13)

Building accessory: A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

(14)

Building area: The area of a horizontal section of a building.

(15)

Building height: The vertical measurement of a building (see also definition (53)).

(16)

Building length: The horizontal measurement of any continuous building wall.

(17)

Building, principal: A building in which is conducted the principal use of the lot on which it is situated.

(18)

Canopy: An overhead supported covering used in protection from the elements of passengers loading and unloading from automobiles or other conveyances.

(19)

Car wash (automatic): A building or portion thereof which contains facilities for washing and cleaning motor vehicles, using production line methods with a conveyor, blower, and other mechanical devices.

(20)

Car wash (self-service): A building or portion thereof which contains facilities for washing and cleaning motor vehicles, using limited mechanized equipment.

(21)

Certificate of occupancy: A statement signed by the code enforcement officer setting forth that a building, structure, or use legally complies with the zoning chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

(22)

Church: A building used for public worship by a congregation excluding buildings used exclusively for residential, educational, burial, recreational, or other uses not normally associated with worship.

(23)

Cleaning: A function involving the restoration of materials, goods, or products to a more pure, less contaminated, less adulterated, or less blemished condition.

(23.1)

Clear path of travel: A continuous unobstructed route of a required width having no fixtures, furnishings, structures or barriers of any kind.

(24)

Club: An organization, chartered by the State of Delaware, for social or fraternal purposes, whose buildings and services are for members and their guests only.

(24.1)

Cluster or cluster development: The development pattern and technique whereby structures are arranged in closely related groups. A cluster plan makes it possible to group houses around culs-de-sac, and through such a plan, lot size can be reduced and the land area thus saved used for open space.

(24.2)

Co-location: The mounting of one or more antennas, on an existing tower, or on any structure that has been approved by the city to support at least one antenna.

(25)

Country club: A private club, maintaining and operating, but not limited to, a regulation golf course and associated recreational activities, with specified limitations upon the number of members, for the exclusive use of members and their guests.

(26)

Court: A yard which is bounded on two or more sides by the walls of a building.

(27)

Court, inner: A court entirely enclosed by walls or opening on a side lot not on a street.

(28)

Court, outer: A court opening for its full width on a street, a front yard, a rear yard, or a side yard.

(29)

Court, width of a: The width of an outer court is its horizontal dimension substantially parallel with the principal open end. The width of an inner court is its lesser horizontal dimension.

(30)

Curb level: The mean level of the curb in front of a lot, as established or determined to be established by the city authorities.

(30.1)

Deck (public): An exterior area associated with an assembly use for the purpose of conducting business activities which is less than one story above grade level.

(31)

Delicatessen/take-out shop: An establishment where the primary function is the preparation and serving of food to patrons primarily for consumption off the premises.

(32)

Density: The proportionate amount of land allocated for each primary use.

(33)

Distance between buildings: The required distance between facings or building walls.

(33.1)

Distillery, craft: A single establishment in which spirits are manufactured, and is operated by the licensee in accordance with state law.

(34)

Distribution: A function involved in the division, dispensation, or relocation of materials, goods, or products.

(35)

Dormitory: Any building, house, apartment, or residential complex owned or operated by a college or university used for the purpose of providing residences for students.

(36)

Drive-in and curb service business (nonfood service): Any establishment serving customers seated in automobiles, excluding food service.

(36.1)

Driveway: The vehicular method of entrance and egress to land use.

(36.2)

Dwelling, adult community apartment: A multifamily garden or high-rise apartment dwelling with occupancy restricted to persons 55 years of age or older with the following exceptions:

a.

A spouse under 55 years of age married to one over that age.

b.

Up to two children over 18 years of age residing with at least one parent over 55 years of age, whose presence is required to care for that parent.

c.

A spouse under 55 years of age who is the surviving member of the household, if the over 55 years of age occupant dies.

d.

An employed member of the apartment management staff and his/her family; not to exceed one unit per 100 dwelling units, or portion thereof in the project.

e.

A live-in nurse or similar caretaker whose presence is required to care for a 55 years of age or older occupant(s).

(37)

Dwelling, one-family detached: A detached dwelling designed for and occupied by a single-family.

(38)

Dwelling, one-family semidetached: A dwelling designed for and occupied by a single family having one party wall and one side yard, per permitted zoning lot.

(39)

Dwelling, duplex: A detached dwelling designed for and occupied by two families living together independently of each other.

(40)

Dwelling, multifamily: A building arranged, intended, or designed to be occupied by three or more families living independently of each other.

(41)

Dwelling, row or group: A building consisting of a series of three or more noncommunicating one-family sections having a common wall between each two adjacent sections.

(42)

Employees: Whenever the word "employees" or the expression "number of employees" is herein referred to, it shall mean the greatest number of persons to be employed regularly in the building in question during any season of the year, and any time of the day or night.

(43)

Family: One or more related individuals customarily and permanently living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.

(43.1)

FCC: Federal Communications Commission.

(43.2)

Fence: An artificial barrier constructed of any materials other than shrubbery erected for protection, confinement, enclosure, privacy, or similar purposes which creates a visual screen that is at least 75% solid. Fences shall include walls and similar solid structures but shall not include open fences such as split rail, chain link, or similar structures.

(44)

Fire station: That portion of a building used solely for the housing of fire fighting and auxiliary equipment.

(44.1)

Floodway Fringe. The portion of the flood plain outside the floodway which is covered by floodwaters during the 100-year recurrence interval flood that includes standing or slowly moving water less than one and a half feet deep.

(45)

Floor area:

a.

Residential use: The sum of gross horizontal area of the several floors of a building, and its accessory buildings, excluding cellar, basement, and garage or carport floor areas not devoted to residence.

b.

Office, commercial or manufacturing use: The sum of the gross horizontal area of the several floors of a building, and its accessory buildings.

(45.1)

Forest/forested area: An area covered by a canopy of trees (a perennially woody plant with single or multiple stems, that branch into a well-formed crown of foliage and reaching an average height of at least 20 feet), covering a land area of one-quarter acres (10,890 square feet) or greater. Forests do not include trees planted and grown for commercial purposes (currently), and do not include canopy cover over existing or historical home sites, gardens and lawns.

(45.2)

Forest use land (agriculture): Land shall be deemed to be in forest use when devoted to tree growth in such quantity and so spaced and maintained as to constitute in the opinion of the state forester a forest area.

(46)

Fraternity and/or sorority: A dwelling used exclusively by a society of either male or female university or college students having a Greek letter name or other designation and sharing common or professional interests, and with the appropriate approval and/or sanction from the University of Delaware to operate as a fraternity or sorority.

(46.1)

Fraternal organization: A group of people associated or formally organized for a common purpose or interest; facilities for such group or organization shall not include dwellings, apartments, or other residential uses on the premises.

(47)

Garage, community: A garage accessory to a principal building(s), shared by common property owners which is used for automobile storage purposes only, and in which no business, service, or industry, whether connected directly or indirectly with motor vehicles, is conducted.

(48)

Garage, private: A garage accessory to a principal building used for automobile storage purposes only, and in which no business, service, or industry whether connected directly or indirectly with motor vehicles, is conducted.

(49)

Garage, public: Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repairs, or servicing of automobiles or other motor vehicles, not intended for the sale of gasoline.

(50)

Garden apartments: A group of multifamily dwellings, up to and including three stories in height, designed for rental or condominium ownership of the individual housekeeping units, having common open spaces, and designed in accordance with the special requirements for such dwellings as set forth in Article IV, Section 32-11 and Section 32-13.1 of this chapter.

(51)

Golf course: An open area and its necessary buildings, used for the playing of golf, not including a driving range, miniature course, or eating facilities in a separate building operated for additional profit.

(52)

Goods: A finished product.

(52.1)

Grade plane: The plane representing the average of the finished ground level adjoining the building at exterior walls.

(52.2)

Grading. The act of altering the ground surface to a desired elevation or contour by cutting, filling, leveling, and/or smoothing.

(53)

Height of a building: The vertical distance from grade plane to the average height of the highest roof surface. The average highest roof surface is further defined as the midpoint between the highest roof eave and its highest roof ridge.

(53.1)

Height of a tower: The vertical distance measured from the ground level, including any base pad, to the highest point on a tower, including antennas mounted on the tower and any other appurtenances.

(54)

High-rise apartment: A multifamily dwelling, over three stories in height with elevator service, designed for rental or condominium ownership of the individual housekeeping units and designed in accordance with the special requirements set forth in Article IV, Section 32-12 and Section 32-13.1 of this chapter.

(55)

Home occupation: A use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental and subordinate to the residential use, subject to special requirements set forth in Article IV, Use and Area Regulations for Residence Districts, and Article XX, Section 32-78.

(55.1)

Horticultural use land: Land shall be deemed to be in horticultural use when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.

(56)

Hospital: An institution providing health, medical or surgical care to sick or injured people and may include related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facility.

(57)

Hospital, veterinary: See "veterinary hospital."

(58)

Hotel: A building having six or more rental rooms, without individual cooking facilities, for transient guests.

(59)

Improved open space: That portion of lot excluding area set aside or used for buildings, parking, loading berths, and streets, and devoted to recreational uses and/or play areas with appropriate recreational equipment, park furniture, and landscape plantings.

(60)

Improvement: Any type of structure, excavation, or paved section, excluding driveway or curb.

(61)

Institution: A building and land used partially for the human habitation of more than two unrelated persons who occupy the facility for a common purpose other than housekeeping.

(62)

Instructional business or trade schools: A duly organized school, giving instruction in business or vocational trade subject.

(62.1)

Invasive species: Non-native species that cause environmental harm. These species have become established in Delaware and are reproducing without cultivation (i.e. naturalized). Invasive species are very aggressive and out-compete and displace native flora and fauna.

(63)

Kennel: A structure or place used for the breeding or boarding of domestic animals. Outdoor kennel runs are prohibited.

(64)

Kindergarten, preschool, day care, or day nursery facility: A facility that provides care, education, protection, supervision, and guidance on a regular basis for two or more children, not including the exclusive care of relatives. Services are provided for part of the 24-hour day, unattended by parent or guardian, and for compensation.

(65)

Landscape screen: Any evergreen planting, structure, device, wall, fence, or combination of materials which will create a visual barrier or improve or enhance the natural environment.

(65.1)

Laundromat: A business that provides washing, drying, and/or ironing machines or dry cleaning machines for hire to be used by customers on the premises.

(65.2)

Laundry: A building, or part thereof, other than a laundromat, where clothes and other articles are washed, and/or dried and ironed.

(66)

Loading space: Paved accommodation off the street for loading and unloading of trucks, in the form of one or more truck berths located either within a building or in open space on the same lot. The area of each berth shall not be less than 600 square feet, and it shall have a minimum clear height, including access to it from the street, of 14 feet.

(67)

Lot: A parcel of land, separate and distinct, in common ownership and occupied or intended to be occupied by one principal building or by a group of principal buildings together with any accessory buildings, including such yards or open space as are arranged or designed to be used in connection with such building or buildings.

(68)

Lot area: The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.

(69)

Lot, corner: A lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°.

(70)

Lot, coverage: That portion of the lot area that is covered by buildings; the building area divided by the lot area, e.g., a lot containing 10,000 square feet has principal and accessory buildings planned or existing whose area is 2,500 square feet; thus the lot coverage is 25%, except that in RH, RT, RS, and RD Districts, lot coverage shall also include area covered by manmade improvements on the ground surface which are more impervious than the natural surface and which are used for parking and driveways, but not including swimming pools, patios, terraces, outdoor grills, and similar facilities not intended for parking.

(71)

Lot depth: The average depth measured in the mean direction of the side lot lines from the front street line to the rear lot line. The rear line shall be deemed to be not farther back than a line drawn parallel with the front street line, entirely on the lot, and not less than ten feet long.

(72)

Lot width: The distance measured along the setback line between the side lot lines of the lot, provided that the width of the lot at the street right-of-way line shall be a minimum of 70% of the lot width required for the zoning district.

In applying this definition to a corner lot, the side street right-of-way line, as determined in accordance with the definition of a corner lot, shall be considered to be a side lot line.

(73)

Manufacture: A function involving either the processing or production of materials, goods, or products.

(73.1)

Marijuana establishment: An entity licensed by the State of Delaware as a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, as regulated and defined under state law and additional regulations under this chapter.

(74)

Marquee: A combination sign board and protective covering from the elements supported solely by the building to which it is attached.

(75)

Materials: Articles which are components of a future product.

(76)

Reserved.

(76.1)

Microbrewery: A single establishment in which beer, mead and/or cider are manufactured, and is operated by the licensee in accordance with state law.

(77)

Motel: Overnight accommodations for automobile tourists in the form of rows of attached sleeping units, each with separate entrances, toilet facilities, and off-street parking space, and facing upon a common open area; or a group of units for the accommodation of individuals or families, each with adjacent off-street parking space.

(78)

Neighborhood shopping center: A group of more than one retail store and/or personal service establishments and/or offices, located from the central business district, to serve the local shopping needs of the residential area in which it is located.

(78.1)

No impact home business: A use carried out within a dwelling by the inhabitants thereof, which use is inconsequential to the residential character of the structure and surrounding area. The business shall have no non-resident employees working within the home, nor involve any customer, client or visitor traffic, including but not limited to vehicles, pedestrians, and commercial deliveries in excess of those normally associated with the residential use. Examples of no impact home businesses may include internet based businesses, business consulting, telephone sales/marketing, or any other profession that utilizes technology/communication services as the main means of business operations/communication.

(79)

Nonconforming building: A building or parts thereof lawfully existing at the time these regulations, or subsequent amendment hereto, became effective, which does not conform to the dimensional requirements of the district in which is it located.

(80)

Nonconforming sign: A sign or parts thereof lawfully existing at the time these regulations, or subsequent amendment hereto, became effective, which does not conform to the requirements of Article XVII of this chapter.

(81)

Nonconforming use: A use of land or use of a building lawfully existing at the time these regulations, or subsequent amendment hereto, became effective, which does not conform to the use requirements of the district in which it is located.

(81.1)

Non-native species: Species that is not native to North America (north of Mexico). Non-native species, or exotic species, are thought to have been introduced by humans, primarily through agricultural or horticultural practices.

(82)

Nursing or convalescent home, sanitorium: A facility providing nursing services on a continuing basis and which admits the majority of the occupants upon advice of physicians as ill or infirmed persons requiring nursing services, and provides for physicians' services or supervision and maintains medical records including also provisions for other similar medical or nursing services. Care for the acutely ill, or surgical or obstetrical services shall not be considered similar services under this definition, nor shall hospitals be construed to be included in this definition.

(82.1)

Offices for professional services and administrative activities in nonresidential districts: Offices for agents, physicians, dentists, therapists, lawyers, architects, engineers, musicians, artists, teachers, optometrists, photographers, governmental offices serving the public, including post offices and utility offices; copy service facilities, and other associated office functions, and including sale of products customarily incidental to these services and activities.

(82.2)

Offices, professional, residential: An office of a professional person in a residential dwelling which is clearly incidental to the residential character of the structure. The office shall be used for the practice of a profession rather than the operation of a trade or business. Artists, teachers, and related professionals may provide instruction limited to one student at a time. Professional occupations shall include doctors, dentists, lawyers, architects, accountants, engineers, musicians, artists, teachers, nurses, or other similar professionals.

(82.3)

Open-air seating area: An accessory use, with impact, to a microbrewery or craft distillery which is an open air, roofed or unroofed area where the alcoholic beverages produced onsite are served or consumed and is operated by the licensee in accordance with state law.

(83)

Open area: That portion of a lot excluding area set aside or used for buildings, parking, loading berths, and streets. Land devoted to recreational purposes to include land for swimming pools, tennis courts, and similar recreation uses shall be considered open area for the purpose of this definition.

(84)

Owner: The term shall be construed to include the duly authorized agent, attorney, purchaser, devisee, fiduciary, or any person having vested or contingent interest in the property in question.

(85)

Parking garage, commercial: Any garage, used for the storage or parking of automobiles, available to the public, operated for gain and not intended for the sale of gasoline.

(86)

Parking lot, commercial: An area used for the storage or parking of automobiles, not including mobile dwelling units, for any period of time and operated for gain. This definition shall be construed to include such parking lots as are owned and/or operated by the Newark Parking Authority.

(87)

Parking lot, institutional: An area used for the storage or parking of automobiles for any period of time. Such areas shall include schools, churches, clubs, and other similar institutional uses.

(88)

Parking space: Paved accommodation for the parking of a motor vehicle on a lot provided for restricted use in connection with a particular business or private enterprise, or as an adjunct to a housing development or private residence, whether operated for gain or not, whether cooperatively established and operated or not. Such parking spaces may consist of parking lots, private garages, or other structures and accessories; they may be surface facilities or facilities above or under the ground. The net area of any one such parking space, exclusive of access or maneuvering area, shall be not less than 162 square feet with a minimum width of nine feet and a minimum length of 18 feet, except in the BB zoning district where a parking plan option is permitted, after approval, pursuant to Article XIV, Section 32-45(b).

(88.1)

Parklet: An assembly area located in or adjacent to the public right-of-way constructed for the purpose of a public gathering, rest or appreciation of art.

(88.2)

Patio (public): An exterior area associated with an assembly use for the purpose of conducting business activities which is at grade level. Elevated patios more than seven inches above the adjoining grade shall be considered decks.

(89)

Paved area: A portion of land paved with a weatherproof surface for parking space, driveways, or streets. In the computation of such, that area covered by buildings shall be excluded.

(90)

Person: Any individual, firm, partnership, agency, or corporation.

(91)

Personal service establishments: Barber, beauty, shoe repair, or tailor shops, drycleaners (retail outlet only), and state-licensed massage therapists.

(92)

Physician's office: A structure designed or converted for medical practitioners limited to out-patient care only, and excluding the practice of veterinary medicine.

(93)

Plot plan, preliminary and plot plan, final: Plans showing the location of streets, property lines, utilities, etc., submitted in process of subdividing a tract of land in accordance with the subdivision regulations of the City of Newark.

(94)

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

(95)

Private: Any procedure limited to members of an organization or to persons specifically invited where no advertisement of inducement has been made to the general public.

(96)

Processing: A function involved in the manufacture of materials, goods, or products in which they are not physically changed except for packaging or sizing.

(97)

Product: Any article whose appearance or composition has been changed or altered, but not in a completed form for ultimate disposition.

(98)

Production: A function involved in the manufacture of materials, goods, or products in which they are physically changed.

(99)

Property: A lot or plot with or without buildings or other improvements located thereon.

(100)

Public: Any procedure in which the general public is involved.

(101)

Public health: The preservation of the general physical well-being of the public.

(102)

Public safety: The protection of the security of the public.

(102.1)

Public way: A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet.

(103)

Public welfare: The encouragement of all matters necessary to community life.

(103.1)

Related equipment: Any piece of equipment related to, incidental to, or necessary for, the operation of a tower or antenna. By way of illustration, not limitation, related equipment includes generators and base stations.

(103.5)

Recreation, Commercial Indoor: including movies, roller rinks, bowling alleys, poolhalls, tennis courts, gyms, and similar businesses.

(104)

Rental: A procedure by which services and/or real or personal property are temporarily transferred to another person for a specific time period in exchange for something of value.

(105)

Repair: A function involved in the correcting of deficiencies affecting the performance ability of products or goods.

(106)

Restaurant: An establishment whose function is the preparation and serving of food and non-alcoholic drinks to patrons to consume on or off the premises, except that taverns, night clubs, or other businesses licensed by the Delaware Alcoholic Beverage Control Commission as a taproom shall not be permitted.

(106.1)

Restaurant, drive through: A restaurant where patrons have the option to order and be served their food and non-alcoholic drinks, via a drive up window, in their automobiles.

(106.2)

Restaurants with alcoholic beverages: Any restaurant selling alcoholic beverages for public consumption on the premises. All restaurants selling alcoholic beverages for public consumption on the premises shall be subject to the special use permit requirements in Article XX, Section 32-78, of this chapter.

(107)

Retail: Any public procedure involving a sale to the general public.

(107.1)

Retail food store: A store in which food products are sold directly to the ultimate consumer for consumption off the premises.

(107.2)

Retail store: A store in which nonfood goods, wares, or merchandise are sold directly to the ultimate consumer, including such items as apparel, accessories, shoes, drugs, and hardware, but excluding adult bookstores/adult entertainment centers and retail marijuana stores.

(107.3)

Right-of-way: The surface and space in, on, above and below any real property in which the City of Newark has an interest in law or in equity, including, but not limited to, any public street, boulevard, avenue, road, highway, easement, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park, green space or any other place.

(107.4)

Roof appurtenance: Anything attached to a portion of the roof of a building to screen mechanical equipment and/or provide architectural detail, such that it becomes a part of that building, and is passed on to a new owner when the property is sold. A roof appurtenance shall not provide leasable space.

(108)

Rooming building or rooming house: A building or portion thereof arranged for and containing rooming units.

(109)

Rooming unit: One or more rooms for the use of one or more individuals not living as a single housekeeping unit.

(110)

School: instructional, business, or trade: An organized school giving instruction in arts, crafts, dance, music, sports, business, or vocational trade subjects, to groups or classes, and undertaken as a commercial venture outside the normal progression of formal education.

(110.1)

School: public, private, parochial: An institution conducted in accordance with the requirements established by state educational authorities, providing full time day instruction and a curriculum within the normal progression of nursery to kindergarten, elementary, junior high, and high school.

(111)

Setback: An area extending the full width of the lot between the street right-of-way and the building setback line within which no buildings or parts of buildings may be erected.

(112)

Setback line or building setback line: A line extending between the two side lot lines of a lot or parcel of land which is parallel to, and a stated distance from a street line.

(112.1)

Scenery loft or fly loft: The area above the stage of a theater where the overhead rigging is located.

(113)

Shall: Mandatory.

(113.1)

Shelter: A roofed structure with not more than three walls with a maximum area under roof not to exceed 50 square feet.

(113.2)

Shopping center: A group of three or more retail, office, personal service, restaurant, or other commercial uses that are planned, constructed, and managed, as a total entity, with customer and employee parking provided on the site.

(113.3)

Sidewalk café: A deck or patio used in connection with a restaurant, bakery restaurant, tavern, taproom or bar.

(114)

Sign: Any letter, work, model, device, or representation intended as an announcement, direction, or advertisement.

(114.1)

Special use permit: A procedure whereby uses which are conditionally permitted within a specific zoning category may be approved by council provided the applicant demonstrates that the use conforms to the requirements as outlined in the zoning code.

(114.2)

Specialty retail stores: Stores which shall be limited to the sale of gifts, antiques, flowers, jewelry, newspapers, books, hobbies, stationery, sporting goods, tobacco, leather goods, music, photography supplies, art supplies, excluding the preparation of food, adult bookstores/entertainment centers, and retail marijuana stores.

(114.3)

Stealth technology: Camouflaging methods applied to wireless communications facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles, and light poles.

(115)

Story, first: The ground floor story of a building, provided its floor level is not more than four feet below the mean lot level, except that, if any basement or cellar is used for occupancy by other than a janitor or caretaker, such basement or cellar shall be deemed to be the first story.

(116)

Story, half: A story under a sloping roof at the top of the building, the floor of which is not more than two feet below the wall plate.

(117)

Street: A strip of land, comprising the entire area within the right-of-way intended for possible use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word street includes road, thoroughfare, parkway, avenue, boulevard, expressway, highway, land, throughway, place, square, alley, or however otherwise designated within the above-mentioned right-of-way.

(118)

Street lines: The dividing line between a lot and a street.

(119)

Street, private: Any street right-of-way not dedicated to public use.

(120)

Street, public: Any street right-of-way dedicated to public use and/or maintained by the Delaware State Highway Department or the City of Newark.

(121)

Street right-of-way: An area set aside or used as a means of ingress, egress, or approach. No parts of private group parking areas, nor the driveways that service said parking areas, are to be classified as street rights-of-way.

(122)

Structure: Any object constructed, erected, or attached to a fixed ground location.

(123)

Structure or building, nonconforming: A building or structure or portion thereof lawfully existing at the effective date of the zoning chapter or amendments thereto, which does not completely conform to the height limitations, regulations, and area and other provisions applicable to the zoning district in which it is located.

(123.1)

Student home: A single-family detached dwelling occupied by three post-secondary students, regardless of age, unrelated by blood or legal adoption, attending or about to attend a college or university, or who are on a semester, winter, or summer break from studies at a college or university, or any combination of such persons. Student homes shall not include RM zoning-permitted boarding houses or rooming houses; nor shall they include the taking of non-student, non-transient boarders or roomers in any residence district; nor shall they include single-family detached, semi-detached, or row dwellings located within the following subdivisions or fronting on the following streets:

a.

Annabelle Street

b.

Ashley Road

c.

Benny Street

d.

Chambers Street

e.

Choate Street

f.

Church Street

g.

Courtney Street

h.

East Cleveland Avenue, west of North Chapel Street

i.

George Read Village

j.

Haines Street, south of Delaware Avenue

k.

Continental Avenue

l.

Holton Place

m.

Margaret Street

n.

New London Road, south of Corbit Street and the University's Laird Campus

o.

North Street

p.

North Chapel Street, north of Main Street

q.

North College Avenue to White Clay Drive

r.

Prospect Avenue

s.

South Chapel Street, south of Delaware Avenue to Wyoming Road

t.

South College Avenue, east side, between the Amtrak Railroad right-of-way and East Park Place

u.

South College Avenue, west side, south of Park Place to the Amtrak Railroad right-of-way

v.

West Cleveland Avenue

w.

West Delaware Avenue

x.

West Main Street, east of Hillside Road

y.

White Clay Drive

z.

Wilbur Street

aa.

Wilson Street

bb.

Wyoming Road, west of South Chapel Street

(123.2)

Studio: Area devoted to the expression and practice of, and instruction in, arts, crafts, music, dance, including photography, or other similar activities.

(124)

Subdivision: Division of a single lot, tract, or parcel of land and/or a part thereof, into two or more lots, tracts, or parcels of land, including changes in the street lines or lot lines, for the purposes, whether immediate or future, of transfer of ownership, of leasing of land, or of building development.

(124.1)

Subsidiary retail sales: Any public procedure involving a sale to the general public subordinate to and in conjunction with any process involving cleaning, distribution, manufacture, processing, production, testing, and/or warehousing.

(124.2)

Substantially change or substantial change: A modification to an existing wireless communications facility that changes the physical dimensions of a tower or base station if it meets any of the following criteria:

a.

For a tower outside the public rights-of-way:

1.

It increases the height of the facility by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater;

2.

It protrudes from the edge of the wireless communications facility by more than 20 feet, or more than the width of the tower structures at the level of the appurtenance, whichever is greater.

b.

For a tower in the public rights-of-way:

1.

It increases the height of the facility by more than ten percent or ten feet, whichever is greater;

2.

It protrudes from the edge of the structure by more than six feet;

3.

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets or 100 square feet;

4.

It entails any excavation or deployment outside the current site of the tower; or

5.

It does not comply with conditions associated with prior approval of construction or modification of the tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.

(124.3)

Surrounding area: Properties immediately adjacent thereto, or within 300 feet in any direction from the property in question.

(125)

Swimming club, private (commercial): A private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, and that may also include equipment and facilities for other sports, exercise, and physical fitness, with specified limitations upon the number of members, for the exclusive use of members and their guests.

(126)

Swimming club, private (nonprofit): A private club organized as a nonprofit club or organization, maintaining and operating a swimming pool for the exclusive use of members and their guests.

(127)

Swimming pool, private: A swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

(127.1)

Swimming pool, public: A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.

(127.2)

Taproom: An accessory use, with impact, to a microbrewery or craft distillery as a place for the sale by the glass and consumed on the premises of alcoholic beverages produced onsite, with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object.

(127.3)

Tasting room: An accessory use, with impact, to a microbrewery or craft distillery establishment as a place for the consumption of spirits and/or beer produced onsite for the purpose of sampling for prospective purchase only. The quantity of any sample is not to exceed one ounce for beer and one-half ounce for spirits.

(127.3.1)

Tattooing: An indelible mark made upon the body of another person by the insertion of a pigment under the skin; and/or an indelible design made upon the body of another person by production of scars other than by branding; and/or all forms of cosmetic tattooing.

(127.4)

Telecommunications applicant (applicant): Any entity or person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way, city-owned land, or other property.

(128)

Testing: A function involved in the examination of the qualities, performances, or capabilities of a product, goods, or material.

(129)

Tourist home: A dwelling having fewer than six rental rooms, without cooking facilities, for transient guests.

(129.1)

Tower, broadcasting and telecommunications: Any structure that is constructed for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. A "tower" as defined herein shall not include towers and supportive structures for amateur purposes, including but not limited to ham and citizens band radios maintained and/or utilized by federally licensed amateur radio operators.

(129.2)

Towing service with temporary storage: A company that tows abandoned vehicles, or vehicles that are parked without authorization; stores automobiles for repair; or transports automobiles elsewhere for repair or disposal.

(130)

Undertaker: A licensed mortician concerned with the arrangements of cremation or burial of the dead and the overseeing of burials.

(131)

University or college: An institution for advanced education duly registered for this purpose with the State of Delaware.

(132)

Use: The purpose for which land, a structure, a sign, or a building is arranged, designed, or intended, or for which either land, a structure, a sign, or a building is or may be used, occupied, or maintained.

(133)

Use, principal: The main or primary purpose or purposes for which land, a structure, a building and/or a sign or use therefor is designed, arranged, or intended or for which they may be occupied or maintained under this zoning chapter. All other structures, buildings, signs, or uses on the same lot and incidental or supplementary thereto are permitted under this zoning chapter and shall be considered accessory uses.

(134)

Used car lot: An area for the storage and display of used automobiles advertised for sale.

(135)

Variance: A relief granted by the board of adjustment in unique and individual cases of practical difficulties or unnecessary hardship resulting from a literal application of the zoning code.

(136)

Veterinary hospital: A structure designed or converted for veterinary practitioners in the care and treatment of sick or wounded domestic animals.

(136.1)

Warehouse sales: An annual or semiannual public procedure involving a sale to the general public of goods that are stored in a warehouse.

(137)

Wholesale: Any procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

(137.1)

Wireless: Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

(137.2)

Wireless communications facility: The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

(137.3)

Wireless support structure: A freestanding structure, such as a tower or any other support structure that could support the placement or installation of a wireless communications facility, if approved by the city.

(138)

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

(139)

Yard, front: A yard extending the full width of the lot between the front street line and the parts of the principal building erected thereon which are set back from the nearest such street line.

(140)

Yard, rear: A yard across the full width of the lot extending from the rear line of the building to the rear line of the lot. In the case of a corner lot, the rear yard shall not extend beyond the building setback line on the side street.

(141)

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

(b)

Words not defined above shall have the meaning given in Webster's Unabridged Dictionary.

(c)

Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure," the word "occupied" includes the words "designed" or "intended to be occupied"; the word "used" includes the words "arranged," "designed," or "intended to be used."

(Ord. No. 70-31, Art. II, 7-21-70; Ord. No. 72-10, 2-14-72; Ord. No. 72-62, 11-27-72; Ord. No. 75-37, § 1, 7-28-75; Ord. No. 76-1, Amend. No. 1, 1-26-76; Ord. No. 76-22, Amend. No. 1, 5-10-76; Ord. No. 76-51, Amend. No. 1, 12-13-76; Ord. No. 78-23, Amend. No. 1(A)—(U), 9-11-78; Ord. No. 79-3, 1-8-79; Ord. No. 79-14, Amend. No. 2, 3-26-79; Ord. No. 79-33, Amend. No. 1, 7-23-79; Ord. No. 79-39, Amend. No. 1, 9-24-79; Ord. No. 80-35, Amend. No. 1, 6-23-80; Ord. No. 80-47, Amend. Nos. 1—3, 8-25-80; Ord. No. 81-16, Amend. No. 1, 4-27-81; Ord. No. 83-4, Amend. No. 1, 2-14-83; Ord. No. 88-32, Amend. No. 3, 10-24-88; Ord. No. 90-36, Amend. No. 1, 11-26-90; Ord. No. 91-14, Amend. Nos. 1—3, 3-25-91; Ord. No. 95-16, Amend. No. 1, 7-10-95; Ord. No. 96-14, Amend. Nos. 1, 2, 9-23-96; Ord. No. 96-21, Amend. No. 1, 11-25-96; Ord. No. 97-21, Amend. No. 1, 8-25-97; Ord. No. 98-14, Amend. No. 1, 6-22-98; Ord. No. 99-14, Amend. No. 1, 5-24-99; Ord. No. 99-25, Amend. No. 1, 8-23-99; Ord. No. 00-8, Amend. No. 3, 4-24-00; Ord. No. 00-28, Amend. No. 1, 9-25-00; Ord. No. 02-4, Amend. No. 1, 2-25-02; Ord. No. 02-21, Amend. No. 1, 9-23-02; Ord. No. 02-22, Amend. No. 1, 9-23-02; Ord. No. 03-31, Amend. No. 1, 12-8-03; Ord. No. 03-35, Amend. No. 1, 12-8-03; Ord. No. 05-15, Amend. No. 1, 5-23-05; Ord. No. 05-18, Amend. No. 1, 7-11-05; Ord. No. 05-15 (Revised), Amend. No. 1, 5-23-05; Ord. No. 10-12, Amend. No. 1, 4-26-10; Ord. No. 13-18, Amend. Nos. 1, 2, 7-22-13; Ord. No. 14-22, Amend. No. 1, 12-8-14; Ord. No. 15-18, Amend. Nos. 1, 2, 9-14-15; Ord. No. 16-06, Amend. No. 1, 2-8-16; Ord. No. 16-23, Amend. Nos. 1, 2, 8-8-16; Ord. No. 17-04, Amend. No. 1, 2-13-14; Ord. No. 17-22, Amend. Nos. 1, 2, 6-12-17; Ord. No. 18-16, Amend. No. 2, 7-23-18; Ord. No. 19-26, Amend. No. 1, 10-14-19; Ord. No. 20-02, Amend. No. 1, 2-10-20; Ord. No. 21-02, Amend. No. 1, 1-11-21; Ord. No. 21-06, Amend. No. 1, 3-22-2021; Ord. No. 23-01, § 1, 2-13-23; Ord. No. 23-12, Amend No. 1, 2, 7-24-23; Ord. No. 24-12, § 1, 4-22-24; Ord. No. 24-19, Amend. No. 1, 8-26-24; Ord. No. 25-06, Amend. No. 1, 2-10-25; Ord. No. 25-14, Amend. No. 1, 3-24-25)