For the purpose of this chapter, certain terms and words are here defined.
ACCESSORY BUILDINGA subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with and (except as otherwise provided in this chapter) located on the same lot as the main building or principal use of the land.
ACCESSORY USEOne which is clearly incidental or customarily found in connection with and (except as otherwise provided in this chapter) is located on the same lot as the principal use of the premises. When the term "accessory" is used in the chapter, it shall have the same meaning as "accessory use."
AGGREGATE AREA OR WIDTHThe sum of two or more designated areas or widths to be measured, limited or determined under the provisions of this chapter.
ALLEYA narrow public thoroughfare not exceeding 16 feet in width which provides only a secondary means of access to abutting properties and is not intended for general traffic circulation.
APARTMENTA part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed and used as residence by an individual or single family.
BARAny indoor area open to the public operated primarily for the sale of alcoholic beverages to be consumed on the premises and where the service of food is secondary to the consumption of such beverages. "Bars" include taverns, taprooms, lounges, cabarets, nightclubs, and similar facilities serving alcoholic beverages. "Bars" are not allowed in the Town of Selbyville.
BASEMENTThat portion of a building between the floor and ceiling which is wholly or partly below grade and having more than 1/2 of its height below grade.
BOARDThe Board of Adjustment of the Town of Selbyville.
BUILDABLE AREAThe area of that part of the lot not included within the yards or open spaces herein required.
BUILDABLE WIDTHThe width of that part of a lot not included within the open spaces herein required.
BUILDINGAny structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BUILDING, HEIGHT OFThe vertical distance from the grade to the highest point of the coping of a flat roof, or to the decklines or highest point or coping or parapet of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, shed and gambrel roofs. When the highest wall of a building with a shed roof is within 30 feet of a street, the height of such building shall be measured to the highest point of coping or parapet.
BUILDING INSPECTORThe official or officials designated by the Mayor and Town Council to administer and enforce the Zoning Chapter.
BULKA term used in this chapter to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building, and to open spaces and yards.
BUSINESS COMPLEXAny concentration of offices, providers of personal services and/or retail uses within one or more buildings on one parcel or lot.
CANOPYA detachable, roof-like cover, supported from the ground or deck, floor or walls of a building, for protection from sun or weather.
CERTIFICATE OF COMPLIANCEA statement signed by a duly authorized Town officer setting forth that a building, structure or use legally complies with the Zoning Chapter and that the same may be used for the purposes stated therein.
CERTIFICATE OF OCCUPANCYA permit to occupy a new, renovated or remodeled dwelling issued by the Building Inspector after all inspections are complete and approved.
CLINICA building or portion thereof designed for, constructed or under construction or alteration for, or used by two or more physicians, surgeons, dentists, psychiatrists, physiotherapists or practitioners in related specialties, or a combination of persons in these professions, but not including patients overnight.
CLUB, PRIVATEBuildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily to render a service which is customarily carried on as a business.
COCKTAIL LOUNGEA room or other limited portion of a restaurant where patrons may sit and wait for their table, which serves alcoholic beverages and is accessory to the principal use as a restaurant. The temporary stand-up consumption of alcoholic beverages shall be permitted in a cocktail lounge, but only when there is insufficient seating in the cocktail lounge for restaurant patrons who are waiting to be seated at a dining table in the restaurant.
CONSTRUCTION, STARTING OFThe combining of labor and material into any portion of structure, on the site thereof, including but not limited to the delivery of pre-assembled units.
CONVALESCENT HOMEA building where regular nursing care is provided for more than one person not a member of the family which resides on the premises.
COURTAn open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.
DAY-CARE CENTERAny place which receives 12 or more children or adults for day care.
DISTRICTAny section of the Town of Selbyville in which the zoning regulations are uniform.
DOG KENNEL, COMMERCIALThe keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, dog beauty parlor or pet shop as permitted by these regulations, or the keeping of five or more dogs, six months or older, for any purpose.
DUPLEXA two-family dwelling whereby the units are oriented side-by-side or a two-family dwelling with one unit over the other or under the other.
DWELLING, MULTIFAMILYA building designed for and occupied exclusively as a residence by more than four families living independently of each other and which complies with height and other limitations.
DWELLING, SINGLE-FAMILY, DETACHEDA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building, and no part of such building was formerly used as a cabin, railroad car, trailer, mobile home or travel trailer. This definition shall not include trailers, mobile homes, travel coaches, hotels, motels, motor lodges, boarding- and lodging houses, tourist courts, cabins, tourist homes or bed-and-breakfast inns.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two families living independently of each other.
DWELLING UNITA room or group of rooms occupied or intended to be occupied as separate living quarters by a single family.
ELDERLY HOUSINGResidential housing for persons or families who are elderly.
FAMILYAn individual or two or more persons who are related by blood, marriage or adoption, living together and occupying a single housekeeping unit with single culinary facilities, or a group of not more than four persons living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a nonprofit, cost-sharing basis. Domestic servants, employed and residing on the premises, shall be considered as part of the family.
FAMILY DAY-CARE HOMEA private home which provides day care for two to six children or adults, none of whom are relatives of the caregiver, at any one time.
FILLING STATION/SERVICE STATION/MOTOR VEHICLE REPAIR SHOPAny building, structure or land used for the sale at retail of motor vehicle fuels, lubricants or accessories, or for the servicing of automobiles or repairing of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.
FLOODPLAINThe relatively flat land following a watercourse which could be subject to periodic flooding based on information from the U.S. Army Corps of Engineers, Federal Emergency Management Agency and any other official sources.
FLOOR AREAS(1) Commercial, business and industrial buildings or buildings containing mixed uses: the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings but not including:
(a) Attic space providing headroom of less than seven feet;
(b) Basement space not used for retailing;
(c) Uncovered steps or fire escapes;
(d) Accessory water towers or cooling towers;
(e) Accessory off-street parking spaces; and
(f) Accessory off-street loading spaces.
(2) Residential buildings: the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls.
FRONTAGE(1) All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(2) LOT FRONTAGEThe distance for which the front boundary line of the lot and street line are coincident.
GARAGE, PRIVATEA garage used for storage purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which the garage is accessory, whichever is the greater. Space therein may be used for not more than one commercial vehicle, and that one of not more than one ton capacity, and space may be rented for not more than two vehicles to persons other than occupants of the buildings to which such garage is accessory.
GARDEN APARTMENTSA group of multifamily dwellings on a single lot of not less than five acres in area, designed for rental of the individual housekeeping units, having common open spaces, and designed in accordance with the special requirements for such dwellings as set forth in this chapter, to give the maximum amount of open space per family.
GRADEGrade elevation shall be determined by averaging the elevations of the finished ground at all the corners and/or other principal points in the perimeter wall of the building.
GROUP DAY-CARE HOMEA facility which provides day care for more than six but fewer than 12 children or adults.
HOME OCCUPATIONAny occupation or activity which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on by a member of a family residing on the premises, and in connection with which there is no display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation or variation from the residential character of the building, and in connection with which no person outside the resident family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor or glare. When within the above requirements, a home occupation includes, but is not limited to, the following: art studio; dressmaking; professional office of physician, dentist, lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent or other similar occupation; teaching, with musical instruction limited to one or two pupils at a time; family day-care home; however, a home occupation shall not be interpreted to include barber shops, beauty parlors, tourist homes, animal hospitals, tea rooms and restaurants.
HOSPITALA building or group of buildings, having room facilities for overnight patients, used for providing services for the inpatient medical or surgical care of the sick or injured humans, and which may include related facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main one and must be an integral part of the hospital operations.
HOTELA building in which lodging or boarding and lodging are provided with more than 10 guest rooms, offered to the public for compensation. Ingress and egress to and from all rooms is made through an inside lobby and has an office supervised by a person in charge at all hours. As such, it is open to the public, in contradiction to a boarding- , rooming or lodging house, or an apartment house, which are herein separately defined. A hotel may include restaurants, taverns, club rooms, public banquet halls, ballrooms and meeting rooms.
JUNKDilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, dilapidated wagons, trailers and other such vehicles and parts thereof, scrap building materials, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed.
KENNELA structure or place used for the breeding or boarding of domestic animals.
LAUNDROMATA business that provides washing, drying, and/or ironing machines or dry-cleaning machines for hire to be used by customers on the premises.
LOADING SPACEA space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum width of 12 feet, a minimum depth of 40 feet, and a vertical clearance of at least 14 feet.
LOTA parcel of land which may include one or more platted lots, occupied or intended for occupancy by a use permitted in this chapter, which is occupied or which is to be occupied by a main building together with its accessory buildings, the yard areas and parking spaces required by this chapter, and having its principal frontage upon a street or upon officially approved place.
LOT AREAThe total horizontal area within the lot lines of the lot.
LOT, CORNERA lot abutting upon two or more streets at their intersection.
LOT COVERAGEThe percent of a lot which is covered, or planned to be covered, with impervious surfaces. "Lot coverage" shall include off-street parking areas and driveways but not public streets.
LOT, DEPTH OFThe average horizontal distance between the front and rear lot lines.
LOT WIDTHThe horizontal distance between the side lot lines measured at the required front yard line.
MAJOR STREET OR HIGHWAYA street or highway designated as a primary highway by the Delaware State Highway Department.
MINOR CHANGEA repair, maintenance or addition to a structure in an Historic District which meets all zoning requirements and is not visible from the street or streets on which a lot is situated.
MIXED USE COMPLEXAny concentration of offices, providers of personal services, retail uses and/or technological manufacturing uses which are compatible with the use and occupancy of adjoining properties.
MOTELA building without cooking facilities, in which lodging is provided with more than 10 guest rooms and offered to the public for compensation. It is the same as a hotel except that ingress and egress to rooms need not be through a lobby and parking is usually adjacent to the rooms.
MULTIFAMILYA building designed for and occupied exclusively as a residence by more than four families living independently of each other and which complies with height and other limitations.
NIGHTCLUBAny establishment in which the primary use is the sale of alcoholic beverages and which provides entertainment and/or an area for dancing. "Nightclubs" are not allowed in the Town of Selbyville.
NONCONFORMING USEA building or land which, although lawfully existing prior to the adoption, revision or amendment of this chapter, does not conform to the height, area or use regulations of the district in which it is located by reason of such adoption, revision or amendment.
OPEN AREAThat portion of a lot excluding area set aside or used for buildings, parking, loading and streets. Land devoted to recreation purposes, to include land for swimming pools, tennis courts and similar recreation uses, shall be considered open area for the purpose of this definition.
PARKING LOT, COMMERCIALAn area used for the storage or parking of automobiles, not including mobile dwelling units, for any period of time and operated for gain.
PARKING SPACE, OFF-STREETAn all-weather surfaced area not in a street or alley and having an area of not less than 200 square feet for vertical or diagonal parking and 220 square feet for parallel parking, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.
PLANNING AND ZONING COMMISSIONThe Planning and Zoning Commission of the Town of Selbyville, as appointed by the Mayor and Council; responsible for long- and short-term land use planning, establishing and review of zoning ordinances and review of all subdivision plans; makes recommendations to Mayor and Council.
PREMISESA lot, together with all buildings and structures thereon.
REGULATIONSThe whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols, contained or referred to in this chapter.
RESTAURANTAny establishment where food and drink are prepared, served and consumed and whose design or principal method of operation is characterized by customers being provided with an individual menu and being served food and drink by a restaurant employee at the same table or counter at which said items are consumed. A minimum of 51% of gross sales must be created by the sale of food. A restaurant must have suitable kitchen facilities for cooking an assortment of foods under the charge of a chef or cook. A restaurant may have a cocktail lounge, as such is defined above.
RIDING ACADEMYAny structure or place where horses or ponies are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
ROOMING HOUSEA building, in which the owner is resident, where, for compensation and by prearrangement for a definite period, lodging, with or without meals, is provided for no more than 14 persons in not more than seven guest rooms or rental units.
SELF-SERVICE STORAGE FACILITYAny real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-storage facility is not a warehouse.
SETBACKAn 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.
SHORT-TERM RENTALAll or any portion thereof of a residential dwelling unit used as a place regularly rented for dwelling, lodging, or sleeping purposes to one party with a duration of occupancy of less than one year. For purposes of this definition, a residential dwelling unit shall include apartments, duplexes, dwelling units, garden apartments, multifamily dwellings, single-family dwellings, single-family detached dwellings, townhouses, trailers or mobile homes, and two-family dwellings, as those terms are defined in this chapter, as well as any other structure used for single-family or multi-family residential purposes. For purposes of this definition, a residential dwelling unit shall not include bed-and-breakfasts, boardinghouses, hotels, motels, rooming houses, or tourist homes, as those terms are defined in this chapter.
SITE PLANA drawing illustrating a proposed development and prepared in accordance with the specifications of this chapter.
STABLE, PRIVATEAn accessory building, not related to the ordinary operation of a farm, for the housing of not more than four horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale.
STABLE, PUBLICAny stable for the housing of horses or mules, operated for remuneration, hire, sale or stabling, or any stable, not related to the ordinary operation of a farm, with a capacity for more than four horses or mules, whether or not such stable is operated for remuneration, hire, sale or stabling.
STORYThat portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor next above it, then the space between such floor and the ceiling next above it.
STORY, HALFA space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished for use. A half-story containing independent apartment for living quarters shall be counted as a full story.
STREETA public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINEA dividing line separating a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONSAny changes in the supporting members of a building, such as footings, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTUREAnything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location of the ground, including, but without limiting the generality of the foregoing, trailers or mobile homes, signs, swimming pools, fences, backstops for tennis courts and pergolas.
SWIMMING POOLAny portable pool or permanent structure containing a body of water 18 inches or more in depth and 250 square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool, located and designed so as not to create a hazard or to be used for swimming or wading.
TECHNOLOGICAL MANUFACTURINGManufacturing establishment that involves assembling materials refined elsewhere and which can be operated without creating objectionable noise, odor, dust, smoke, gas, fumes, vapor, or traffic.
TELEPHONE CENTRAL OFFICEA building and its equipment used for facilitating transmission of telephone and radio-telephone messages between subscribers, and other business of a telephone company.
TENTING AREAAny park, tourist park, camp, court, site, lot, parcel or tract of land which is designed, maintained or intended for the purpose of supplying a location or accommodation for two or more tents, tent trailers, camp trailers, trailerettes or other camping vehicles or facilities, as temporary living or sleeping quarters for persons engaged in recreational, educational or vacation activities; except where the facilities are maintained for the private use of the landowner himself.
TOURIST HOME/BED-AND-BREAKFASTA single-family dwelling in which the owner is resident, with accessory use accommodations for a maximum of 12 persons in five guest rooms; not more than 40% of the total living area of the single-family dwelling shall be used for guests' rooms; and no guests shall remain for more than eight consecutive nights in any sixty-day period.
TOWNHOUSEA single-family dwelling forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one of the dwelling units to another. Dwellings must be side-by-side and no dwelling shall be oriented over or under another.
TRAILER OR MOBILE HOMEDesigned without a permanent foundation and constructed to be towed, after fabrication, on highways on its own chassis, wheels or supported by other vehicles but not self-propelled, and supported in location by wheels, blocking, skids, jacks, horses, skirtings or permanent foundations. Two units placed side by side to form a "double-wide," shall be considered a mobile home if structural members (sills, studding, plates, joists, rafters) are similar in design and arrangement to that commonly used in single units.
UNITS/ACREThe density of dwellings or other use units which is determined by subtracting from the total gross area of a parcel the area set aside for existing streets or rights-of-way.
WATERWAYAny body of water, including any creek, canal, river, lake or bay, or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.
YARDAn open space, other than court, on a lot and unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONTA yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projections thereof. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REARA yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection.
YARD SALEYard sales, including "flea markets," conducted on the premises for the sale of personal property owned by the owner or lessee of the land and the principal building located on the parcel where the sale is to be conducted; provided, however, that not more than three yard sales or flea market sales shall be conducted in each calendar year in any district.
YARD, SIDEA yard between the main building and the side lot line and extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and side of the main buildings.