This chapter shall be known and may be cited by the short form title of the zoning ordinance of the city.

(Code 1968, § 48-1)

(a)

For the purposes of this chapter, certain words and phrases are defined in this section, but such definitions shall not be held to modify or affect in any way the legal interpretations of such words and phrases where used elsewhere in this Code in other ordinances or codes of the city.

(b)

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." Words not defined in subsection (c) of this section shall have the meanings given in Webster's Unabridged Dictionary.

(c)

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this subsection, as follows:

Accessory building means a subordinate building, the use of which is customarily incidental to that of a principal building and located on the same lot therewith.

Accessory use means a use customarily incidental and subordinate to the principal use and located on the same lot therewith.

Adult entertainment establishments means adult bookstores, conversation parlors, relaxation studios, health salons, call services, adult shows, adult peep shows, adult motion picture theaters, massage establishments, or any combination thereof, as defined below:

(1)

Adult book stores means an establishment having, as a substantial portion of its stock in trade, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, or records distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)

Adult motion picture theaters means an establishment operating from an enclosed building or portion thereof in which a substantial portion of the film presentations are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(3)

Adult shows or adult peep shows means an establishment having, as a substantial portion of its trade or business, shows, exhibitions, performances or presentations which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons therein. This includes bars, cafes or restaurants in which an employee or attendant is involved in specified sexual activities or exposes specified anatomical areas.

(4)

Conversation parlors, relaxation studios, health salons or call services means any commercial business, enterprise or service which offers or which holds itself out as offering conversations or relaxation or any other services whereby an employee, attendant or patron is involved in specified sexual activities or whereby an employee or attendant exposes specified anatomical areas.

(5)

Massage establishments means an establishment where, for any form of consideration or gratuity, massages which include bathing, physical massage, rubbing, kneading, anointing, stroking, manipulating or other tactile stimulation of the human body, by either male or female employees or attendants, by hand or by an electrical or mechanical device, on or off the premises, occur as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Amateur radio antenna means a noncommercial radio antenna the purpose of which is the reception and transmission of signals by a duly authorized licensee of the amateur radio service under part 97, title 47, Code of Federal Regulations. For purposes of this chapter, such antennas may be of two types:

(1)

An "amateur radio antenna (minor structures)," an amateur radio antenna whose wind surface area is less than ten square feet; and

(2)

An "amateur radio antenna (major structure)," all amateur radio antennas whose wind surface areas equal or exceed ten square feet.

For purposes of this definition, the term "wind surface area" shall mean the projected surface area of all elements of an amateur radio antenna.

Amateur radio operator means a person who is a duly authorized licensee of the amateur radio service under part 97, title 47, Code of Federal Regulations.

Amusement game machine means a coin-operated machine or device, whether mechanical, electrical, or electronic, which is ready for play by the insertion of a coin and may be operated by the public for use as a game, entertainment, or amusement, the object of which is to achieve either a high or low score, which, by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence, or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines, video games, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities. Mechanical music devices, state lottery dispensing machines, and vending machines which do not incorporate gaming or amusement features are excluded from this definition.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, microwave, radio frequencies or other frequency energy waves, radar signals, telecommunications signals or other communications signals.

Antenna support structure means any building or other structure, other than a tower, which can be used for the location of antennas.

Apartment house means a building arranged, intended or designed to be occupied by three or more families living independently of each other.

Arcade means any building or part of a building in which there are five or more amusement game machines for use by the general public, either as a principal use or as a use secondary to another use in the same building.

Automobile graveyard means any establishment or place of business which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

Automobile laundry means a structure or portion thereof, the principal use of which is the washing of automobiles or other motor vehicles with the use of a chain or other conveyor and blower or steam cleaning device.

Basement means a story partly underground, but having at least three feet, six inches of the clear ceiling height above the average level of the adjacent finished grade.

Bed and breakfast facility means a building in which there are from three to not more than eight guest rooms or suites of rooms available for temporary occupancy for varying lengths of time, with or without compensation to the owner or operator, by tourists or business persons and in which breakfast meals may be prepared for them by the owner or operator, provided that no meals may be sold to persons other than such guests and that the owner or duly authorized operator resides therein as his principal place of residence.

Billboard means a sign, other than one indicating a business conducted on the premises, upon which is painted, posted or lettered by any means advertising matter of any character, or which is designed for such purposes.

Building means a structure and its appurtenances constructed to shelter any form of human activity including, but not limited to, dwellings, open shelters and industrial shops or sheds.

Building setback line means a line drawn parallel with the street line and distant therefrom by the amount of the required setback for the district in question. Along the side street frontage of a corner lot, the building setback line is determined by the width of the required side yard along such side street.

Cellar means a floor of a building that is entirely below the ground level, or if partly below the ground level, has less than three feet, six inches of the clear ceiling height above the average level of the adjacent finished grade.

Chlorofluorocarbon (CFC) recovery operations means the equipment and processes by which the chemicals known as chlorofluorocarbons (CFCs) are removed from appliances, including refrigerators or other cooling mechanisms, under private enterprise or governmentally conducted or supervised processes. Chlorofluorocarbons (CFCs) means a family of inert, nontoxic, and easily liquified chemicals used in refrigeration, air conditioning, packaging, insulation, or as solvents and aerosol propellants. Because CFCs are not destroyed in the lower atmosphere, they drift into the upper atmosphere where their chlorine components destroy ozone.

Collocation means the process of locating more than one antenna or set of antennas on the same antenna mount, including multiple providers on a single tower, building or existing power line. This is exclusive of combining antennas with other utility services.

Compost means the product resulting from the controlled biological decomposition of organic materials that are source separated from the municipal and/or commercial solid waste stream, or that are separated at a centralized facility.

Composting and recycling facility means an "in-vessel" recycling facility that receives and processes organic materials that are source separated from the municipal and/or commercial solid waste stream or that are separated at a centralized facility, which may include but are not limited to, pre and post consumer food waste, paper waste, yard waste, clean wood, and straw, into stable compost which can then be blended with other natural ingredients to produce various soil products. Such facility must be in compliance with all applicable United States Environmental Protection Agency ("EPA") and Delaware Department of Natural Resources and Environmental Control ("DNREC") guidelines and requirements for pathogen destruction.

Consumer means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others.

Consumer recycling collection center means a center approved by the state or city government consisting of an assemblage of one or more receptacles for the deposit and temporary storage for collection purposes only of pre-sorted common recyclable materials including but not limited to newspaper, paper, cans, aluminum cans and scrap metal, glass bottles, plastic containers, household batteries, and used motor oil.

Conventional television antenna means any antenna the purpose of which is to receive broadcast television signals other than television signals from orbiting satellites.

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

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

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

Court, width of, means 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.

Day care means a service licensed by the state that is provided in a family day care home, a group day care home, or a day care center, and that is a facility designed and prescribed to meet the daily physical, mental and social needs of minor children who are not related to the owner or operator by providing care, protection, maintenance, training, education, treatment or supervision of such children whose mothers, fathers, guardians or custodians enroll them for such service for compensation during any part of the day but for less than 24 hours.

Day care center means a facility that is owned or operated by any person, firm, corporation, partnership or other entity for the purpose of providing a program of day care duly licensed, or qualified to be licensed, by the state for 12 children or more for four hours or more per day, including such facilities commonly known as "child care centers" or "day nurseries," including afterschool care or "latchkey" and infant care, but not including any such facility which is part of any institution under the supervision of the state department of public instruction, and any such facility owned and operated by governmental agencies or hospitals; day care center facility shall include one in which day care as defined is provided, where it is permitted by the zoning district classification, in a private home, in a building rented or owned by the day care provider and converted for the purpose of providing group day care, or in space in a building made available for such purpose as aforesaid by a community organization, church or other nonprofit institution.

Dish antennae means an antenna consisting of a radiation element which transmits or receives radiation signals generated as electrical, light or sound energy, and supported by a structure which may or may not provide a reflective component to the radiating dish, usually in a circular shape with a parabolic curve design constructed of a solid or open mesh surface, shall be known as a dish antenna, including any such antenna known as a "personal earth station."

Downtown design district for purposes of the Zoning Code and the urban design standards in particular, means the area of the city beginning at the intersection of Martin Luther King, Jr. Boulevard and Walnut Street; thence along Martin Luther King, Jr. Boulevard (the "boulevard") from Walnut Street to Washington Street; thence along Washington Street from the Boulevard to 9th Street; thence along 9th Street to Jefferson Street and thence along Jefferson Street to 11th Street and thence along 11th Street to Adams Street; thence along Adams Street to Delaware Avenue; thence along Delaware Avenue and 12th Street to Jefferson Street extended; thence along Jefferson Street extended to South Park Drive; thence easterly along South Park Drive to a point at the rear of the property lines of the properties with frontage on Washington Street to the intersection of said rear property lines extended to 12th Street; thence along 12th Street to Orange Street; thence northerly along Orange Street and Orange Street extended to South Park Drive; thence along South Park Drive to 16th Street; thence along 16th Street to Walnut Street; thence southerly along Walnut Street to Martin Luther King, Jr. Boulevard, the point of beginning. Maps of the downtown design district shall be maintained on file in the city clerk's office, the zoning administrator's office and the department of planning and development.

Dwelling, one-family detached, means a dwelling designed for and occupied by a single family and opening on a yard on all sides.

Dwelling, one-family semidetached, means a dwelling designed for and occupied by a single family having one wall on or adjoining a side lot line and having one side yard.

Dwelling, two-family, means a building designed for and occupied by two families living independently of each other.

Emergency shelter for the homeless means a building or structure in which a private, nonprofit organization, a church, or a public entity operating as an agency of local, state, or federal government provides shelter, or food and shelter for a limited period of time to individuals or families consisting of one or more adults and one or more children under the age of 18 years who have neither a home of their own nor the means to obtain a home or any temporary lodging other than such emergency shelter for the homeless. Class A and B emergency shelters are defined as follows:

(1)

A class A emergency shelter for the homeless shall mean such shelter that has private or semiprivate rooms, each of which may be occupied by up to four unrelated individuals or by a family, provided that a ratio of one staff person for every 25 residents is maintained.

(2)

A class B emergency shelter for the homeless shall mean such shelter that, in whole or in part, has an open, dormitory-type of area for occupancy by up to 75 residents, provided that a ratio of one staff person for every 15 residents is maintained.

The class A and class B staff to resident ratios each refer to the overall total numbers of staff and residents and each is not a strict requirement of a specific number of staff persons on-duty at any particular time each day.

"Emergency shelter for the homeless" does not mean such facilities utilized by federal, state and local governments during emergency operation plan conditions. Neither a "half-way house" nor a "residential child care facility" shall be construed as an emergency shelter for the homeless for the purposes of this chapter.

Family means any number of individuals legally related through blood, marriage, or adoption, including residents of foster homes, or up to four unrelated individuals living and cooking together and functioning as a single-housekeeping unit using certain rooms and housekeeping facilities in common; but not including persons residing together in groups for temporary, transitional, and/or corrective purposes.

Family day care home means a facility in a private home that is operated by one or more persons duly licensed, or qualified to be licensed, by the state for the purpose of providing child day care for from one to not more than six children at any one time who are not relatives of the day care provider, as determined in accordance with state law and regulation.

Floor area ratio means a figure which expresses the total gross floor area as a multiple of the area of the lot. This figure is determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Freestanding tower means a stand-alone tower, including self-supporting lattice towers or monopole towers.

Garage, private, means a garage accessory to a principal building, either attached to such principal building or as a separate accessory use, used for storage purposes only, and in which no business, service or industry connected directly or indirectly with motor vehicles is conducted.

Garage, public, means any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair or servicing of automobiles or other motor vehicles.

Garden apartments means a group of apartment houses or a combination of apartment houses and dwellings for one or two families on a single lot of not less than one acre 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.

Gasoline service station means an area of land, including any structure thereon, used for the retail sale of motor fuel and lubricants and incidental services such as lubrication, handwashing, and the sale, installation or minor repair of tires, batteries or other automobile accessories. The term "gasoline service station" shall not include an "automobile laundry" or a "public garage."

Greenhouse means a permanent structure made of glass, plastic, or fiberglass, in which plants may be cultivated year-round under controlled temperature and humidity settings.

Gross floor area means the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center line of party walls between two buildings. The term "gross floor area" as used in this chapter in the calculation of floor area ratios shall include elevator shafts and stairwells at each story, interior balconies, mezzanines, and basement areas devoted to residential use other than a dwelling unit for a janitor or caretaker; it shall exclude other basement areas, inner courts, parking space, either within the principal building or in an accessory private garage, loading berths within a building, cellar floor areas, and structures housing air-conditioning equipment or machinery.

Group day care home means a facility that is owned or operated by any person, firm, corporation, partnership or other entity duly licensed, or qualified to be licensed, by the state for the purpose of providing day care for more than six but fewer than 12 children, where permitted by the zoning district classification, in a private home, in a building rented or owned by such person or entity and converted for the purpose of providing group day care, or in space in a building made available for such purpose by a community organization, church or other nonprofit institution.

Group home type I means a residential dwelling operated with a nontransitional, single-family orientation in which more than four but not more than ten unrelated individuals live together, prepare their meals together, and function as a single-housekeeping unit using certain rooms and housekeeping facilities in common.

Group home type II means a residential dwelling that is operated with a nontransitional, single-family orientation in which more than ten but not more than 15 unrelated individuals live together, prepare their meals together, and function as a single-housekeeping unit using certain rooms and housekeeping facilities in common. Any combination of such residents and fulltime equivalent, professional, and domestic staff for such residents is permitted, provided that the maximum number of 15 persons is not exceeded. The following uses which have a similar land use impact shall be regulated in a similar manner, for purposes of this chapter, as if they were group home type II uses: fraternities and sororities that are actively chartered with a specific college or university and located within 1,000 feet of the campus of such college or university; a residential child care facility of any size; and half-way houses.

Group home-related terms. For purposes of this chapter, the following terms related to group home uses shall be defined as follows:

(1)

Corrective means a program of activity, training, and treatment intended to correct, modify, or improve the behavior of persons that has been of a criminal nature, provided that such program has been duly authorized at the subject location by license or permit as required by the state.

(2)

Foster home means a family residence consisting of two or more persons that provides continuing fulltime care for one or more children who are unrelated to the adult members of the household by blood, marriage, guardianship, or adoption, provided that such care for those children in that residence has been duly authorized through approval by the state or an agency licensed by the state.

(3)

Fulltime equivalent staff means individuals who are professional, supervisory, or housekeeping staff persons and who spend substantially their entire work week or a significant portion thereof in such capacity with and for the residents of a particular group home shall be included, for purposes of this chapter, to an extent that is proportionate on the basis of a fulltime work week of 35 to 40 hours; provided, however, that persons so employed in shifts per day shall be included as fulltime equivalent staff persons only during the actual hours of each such shift.

(4)

Half-way house means a residential facility established to provide a residence for those persons reentering society from an institution and who are obtaining corrective therapy and such facility has all state-required licenses and permits for that facility. For purposes of this chapter, such facility shall not be construed to be a permanent or semi-permanent home or a group home type I use; however, such facility shall be regulated as a use similar to a group home type II. Such halfway house shall not include any facility that is a prison or houses individuals completing a prison sentence.

(5)

Housekeeping staff means individuals who are responsible for performing domestic chores, including but not necessarily limited to cooking, cleaning, shopping, maintenance and gardening.

(6)

Professional staffing means individuals who are responsible for providing on-premises professional, medical, nursing, psychiatric, therapeutic or related care on a regular basis to residents at particular and specific locations.

(7)

Residential child care facility means a residential facility in which is provided out-of-home, 24-hour care, protection, and supervision for children who have not yet reached the age of 18 years, provided that such facility is duly licensed by the state for the same. Any foster home in which children have been placed by a licensed or authorized child-placing agency shall not be regarded as a residential child care facility.

(8)

Supervisory staff means individuals who are responsible for the overall care and general well-being of the residents of a particular group home. Such care is generally provided during temporary or shortterm periodic visits to the particular group home, but around-the-clock supervision is also considered to be supervisory staffing.

(9)

Temporary or transitional resident means any individual residing in a group home for a period of not more than 30 days, without becoming a permanent, contributing member of the single-family oriented housekeeping unit residing therein.

(10)

Therapeutic means a program of activities or treatment for the purpose of curing, healing, or treating medical, physical, or psychiatric problems, provided that such program has been duly authorized by license or permit as required by the state for the program or activities at the subject location.

Hazardous substance means:

(1)

Any hazardous waste as defined in 7 Del. C. ch. 63 or designated as such by regulation promulgated pursuant thereto;

(2)

Any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C. section 9601 et seq., as amended;

(3)

Any substance determined by the secretary of the state department of natural resources and environmental control ("DNREC") through regulation to present a risk to public health or welfare or the environment if released into the environment; or

(4)

Any other substance defined as a hazardous substance in the Delaware Hazardous Substance Cleanup Act, 7 Del. C. ch. 91, as amended, or any hazardous substance designated by regulation pursuant thereto.

Height of a building means the vertical distance measured in the case of flat roofs from the curb level at the center of the wall along the front street line of the lot to the highest point of the roof beams adjacent to the front wall, and in the case of pitched roofs from such curb level to the mean height level of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level at the center of the wall along the front street line to the level of the highest point of the building. Where the walls of a building are set back at least 15 feet from any street line the average level of the finished grade along all exterior walls may be taken in measuring its height instead of the curb level. Where the curb level has not been established, the average level of the finished ground surface along the front wall of the building shall be taken in measuring its height.

Hotel means a building having 20 or more rental rooms, without individual cooking facilities, for transient guests.

Hydroponic means a method in which plants are propagated using a mechanical system designed to circulate a solution of nutrients in a water solvent.

Hydroponic farm means an operation that grows plants using hydroponic growing methods.

Indoor commercial horticultural operation means a commercial operation that grows vegetables, herbs, fruits, flowers, or other plants, which are not deemed illegal to grow, possess, or distribute under federal or Delaware law, for wholesale or retail sales and distribution. The operation must take place wholly within completely enclosed buildings or greenhouses, in a manner that does not create, emit, or discharge noxious or offensive odors. These operations include plant nurseries, hydroponic farms, and vertical farms.

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

Junkyard means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard. This definition includes scrap metal processors, auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used auto parts yards and temporary storage of automobile bodies and parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. The definition includes garbage dumps and sanitary landfills.

License means any license or permit to cultivate, possess, manufacture, sell, transport, or test marijuana or marijuana products and accessories authorized or issued by the marijuana commissioner for the State of Delaware.

Loading berth means 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.

Lot means that area of land described in an application for a building permit or a certificate of occupancy, occupied or intended to be occupied by one principal building or use or by a group of principal buildings comprising a single principal use, together with any accessory buildings, including such yards or open spaces as are arranged or designed to be used in connection with such buildings. A "lot" may or may not be the land so recorded on the official tax maps of the zoning board of assessment of the city.

Lot, corner, means any lot which occupies the interior angle at the intersection of two street lines which make an angle of less than 135 degrees with each other, the owner of a corner lot having the privilege of specifying which street line shall be deemed the front line, and being required, when requesting a building permit, to so specify.

Lot, through, means a lot other than a corner lot which has frontage on two parallel or approximately parallel streets.

Lot, width, means the distance measured along the front street line between the side lot lines of the lot or the distance measured along the building setback line between the two side lot lines of the lot, whichever of the two distances is the lesser. In applying this definition to a corner lot, the side street line, as determined in accordance with the definition of a corner lot, shall be considered to be a side lot line.

Low-intensity home occupation means an occupation conducted by an owner-occupant, or a tenant with the consent of the owner, in a principal dwelling unit, provided that it is conducted without the assistance of any persons not residing in the dwelling.

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or resin. "Marijuana" does not include any of the following:

(1)

The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination;

(2)

Products approved by the US Food and Drug Administration; or

(3)

Industrial hemp as defined in 3 Del. C. § 2801.

Marijuana accessories means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana; or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

Marijuana cultivation facility or cultivation facility means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce marijuana concentrates, tinctures, extracts, or other marijuana products.

Marijuana establishment means an entity licensed as a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

Marijuana product manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and retail marijuana stores, but not to consumers.

Marijuana products means products that are comprised of marijuana, including concentrated marijuana and other ingredients, and are intended for use or consumption, such as edible products, ointments, and tinctures.

Marijuana testing facility means an entity licensed to test marijuana for potency and contaminants.

Medical office means the professional office of a physician, surgeon, or dentist with no limitations on the number of practitioners or support personnel.

Medical practitioner's office means professional office of a single physician, surgeon or dentist with no more than three additional supporting personnel. This provision shall be construed to mean that such an office may have more than one practitioner, as in the case of a rotating practice, but that activities shall be limited to only one practitioner at a time.

Mini-warehouse means a building with controlled access, or a group of buildings in a controlled-access fenced compound, that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customers' goods or wares.

Moderate-intensity home occupation means an occupation conducted by an owner-occupant, or a tenant with the consent of the owner, in a principal dwelling unit, with the assistance of only one additional person not residing in the dwelling.

Monopole means a self-supporting communication tower consisting of a single pole or spire which is self-supported by a permanent foundation constructed without guy wires and ground anchors.

Neighborhood police station shall mean the facility within a particular police service area which houses the patrol officers assigned to the police service area. Such facility is the location where officers report for duty, are briefed, sign-off at the end of their shift and store their equipment. The facility could be used by officers to conduct interviews, community meetings and other activities related to their duties as police officers. Such facilities shall not be used to house arrested individuals.

Nonconforming building means any building or structure lawfully existing on March 8, 1962 or at the time a subsequent amendment to this chapter became effective which does not conform to height, density, bulk and area regulations for the district within which such building or structure is located. No building or structure shall be deemed to be "lawfully existing" within the meaning of this paragraph if such building or structure was in existence on March 7, 1962, and was not a lawful nonconforming building or structure as of that date.

Nonconforming use means any use, whether of a building, other structure, or a tract of land, lawfully existing at the time this chapter or subsequent amendment hereto became effective, which does not conform to the use provisions of this chapter for the district in which such use is located. No use, whether of a building, other structure, or part of a building or other structure, or a tract of land, or part of a tract of land, shall be deemed to be "lawfully existing" within the meaning of this paragraph if such use was not an existing and lawful nonconforming use on March 7, 1962.

Parking lot, commercial, means any tract of land which is used for the storage of motor vehicles and is not accessory to any other use on the same or any other lot, and contains parking space rented to the general public or reserved for a group of individuals by the hour, day, week, month or year.

Parking space means 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, or whether cooperatively established and operated or not. Such "parking spaces" may consist of paved open space, private garages, or other structures and accessories; they may be surface facilities or facilities above or under the ground.

Plant nursery means an operation where plants are grown, propagated, and stored for wholesale or retail sales and distribution.

Porch, enclosed means a porch enclosed with transparent window glass or screening to the extent of not less than 60 percent of the area of any outside elevation of such porch between a level of 30 inches above the porch floor and the bottom of the porch plate. If a window sill is used, such 30 inches shall be the maximum height of such sill above the porch floor.

Porch, open, means a porch either with or without a roof, but, if with a roof, so constructed that any projected elevation shall show an unobstructed view except for the posts or columns supporting the roof and the ordinary porch railing and its supports.

Prison means a building or other place for the confinement of persons, whether as a punishment imposed by the law or otherwise in the course of the administration of justice, including, but not limited to, those facilities commonly known as a prison, jail, detention facility or correctional work release program.

Public place means any indoor or outdoor area or portion thereof generally accessible to the public.

Public service uses means uses of land or improvements thereon by federal, state or city government that provides a service to the public on such lands, specifically including municipal fire house and municipal police station, which includes neighborhood police stations, but public service uses shall not include any waste incinerator, incinerator or incinerator structure or facility.

Recycled oil shall mean a type of used oil defined as any used oil which is reused, following its original use for any purpose, including the purpose for which the oil was originally used. Recycled oil shall include oil, which is refined, reclaimed, burned or reprocessed. For purposes of this chapter, the collection of used motor oil and other recyclable materials at the state solid waste authority sites and the collection of used motor oil as part of the normal operation of an automobile service station, including auto service and auto repair establishments, are not included in the oil recycling and re-refining provisions of this chapter.

Retail marijuana means marijuana that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment.

Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to consumers.

Rooming house means a dwelling or part thereof containing four or more rooming units designed to be used for sleeping accommodations, and to be let, for compensation, by the owner or operator thereof to four or more persons who are not legally related by blood, marriage, or adoption to all of the other residents or to the owner or operator of the rooming house. Excluded from this definition are group homes of either type as defined in this section.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Satellite television antenna means a television receive-only (TVRO) dish antenna used to receive commercial wide band video and audio signals from extraterrestrial satellite transponders in geostationary orbits, a low-noise amplifier (LNA) which is situated at the focal point of the receiving component for the purpose of magnifying the transferring signals, a coaxial cable for the purpose of carrying signals to the interior of a building, or a combination of any of these elements.

School, private, means a duly organized school, other than a public school or a parochial school, giving regular instruction, in subjects ordinarily taught in the public schools, at least five days a week for eight or more months a year.

Sign means any structure either on its own supports or attached to another structure, a building, or a tree, or any notice painted on the wall of a building, which shall display any letter, word, model, device or representation used as an announcement, direction or advertisement.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttocks;

c.

Female breasts below the top of the areola; or

(2)

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

Specified sexual activities means:

(1)

Human genitals in the state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or any excretory function.

(3)

The fondling or erotic touching of human genitals, pubic region, buttocks or the female breasts.

Story means that portion of a building located between the surface of any floor and the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it; provided, that a cellar, a stairway or elevator penthouse, or a roof structure housing machinery incidental to the operation of the building shall not be considered a story. A mezzanine story shall be deemed a full story if the mezzanine floor covers more than one-third the area of the ground floor, or if the height of the story which includes the mezzanine is greater than 24 feet.

Story, first, means the ground floor story of a building; except, that any basement occupied for sleeping purposes by other than a janitor or watchman shall be deemed a first story, and in case the floor level of a ground floor story is more than four feet above the reference level used in measuring the height of the building, the floor immediately below such ground floor story shall be deemed the first story.

Street means a road, place, square, lane or other way set aside or used as a right of way for common street purposes.

Street line means the dividing line between a lot and a street.

Structure means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to, buildings, fences, walls, gazebos, fountains, radio and television antennas (including supporting towers), pools, industrial cranes, bridges, viaducts, ships or other appurtenances.

Telecommunications facility means wireless service infrastructure, whether for cell phone usage or other data transmission, consisting of the antennas, support structure, and related equipment, including but not limited to storage buildings, sheds or equipment cabinets.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, television, internet and similar wireless telecommunications purposes, including self-supporting lattice towers or monopole towers. The term includes the structure and its foundation, radio and television transmission towers, microwave towers, cellular telephone towers, common-carrier towers, alternative tower structures and the like.

Tower farm means a parcel or parcels of land which is solely dedicated to the placement of stand-alone telecommunications transmitting or receiving antenna equipment, and related accessory structures, and which typically include more than three freestanding towers. Locational requirements typically require a clear line of sight, and must be free of radio interference and physical obstructions.

Used oil means any oil which has been: (1) Refined from crude oil, (2) used, and (3) as a result of such use has been contaminated by physical or chemical impurities.

Utility-user connecting equipment means a grouping of electrical or mechanical equipment, located on a lot and for its exclusive use, but not within the principal building being served or underground, and which may include generators, transformers, primary or high voltage (over 600 volts) switching gear, motors, communications terminal boards, valves, regulators and similar equipment, except metering equipment regulated under other provisions of this Code.

Vertical farm means an operation that grows plants in vertically stacked layers.

Waste incinerator, incinerator, and incinerator structure or facility include any structure or facility operated for the combustion (oxidation) of solid waste, even if the byproducts of the operation include useful products such as steam and electricity. "Incinerator" shall not include the following activities:

(1)

Crematoriums;

(2)

Disposal of the bodies of animals through incineration; and

(3)

The disposal of all materials used in the discovery, development, and manufacture of veterinary products, medicines and vaccines.

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

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

Yard, side, means a yard between the building and the adjacent side lot line extending from the building setback line to a rear yard; except, that if there be no rear yard it shall extend to a rear street line or rear lot line, and in the case of a side yard along the side street of a corner lot it shall extend to the rear lot line.

(Code 1968, § 48-2; Ord. No. 92-056(sub 1), § 1, 12-7-92; Ord. No. 93-010(sub 1), § 2, 7-8-93; Ord. No. 93-052(sub 1), § 1, 11-4-93; Ord. No. 97-066(sub 2), § 1, 1-8-98; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 00-024(sub 2), § 1, 6-15-00; Ord. No. 00-140(sub 1), § 1, 7-19-01; Ord. No. 07-070, § 2, 12-6-07; Ord. No. 09-073(sub 1), § 1, 2-18-10; Ord. No. 09-048, § 1, 9-17-09; Ord. No. 10-041(sub 1), § 1, 10-7-10; Ord. No. 19-033, § 1, 7-11-19; Ord. No. 25-013(sub 1), § 1, 5-1-25)

Cross reference— Definitions and rules of construction generally, § 1-2.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order or general welfare; for the lessening of congestion in the streets; for securing safety from fire, panic and other dangers, providing adequate light and air, and preventing the overcrowding of land and excessive concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to conserve the value of buildings and protect the tax base by encouraging the most appropriate use of land throughout the city.

(Code 1968, § 48-3(a))

Wherever the regulations of this chapter require a greater width or size of yards or courts, or a lower height of buildings, or a less number of stories, or a less bulk of building or density of population; or impose other higher standards than are required under any other existing ordinance, law or regulation, the provisions of this chapter shall govern. Wherever the provisions of any other existing ordinance, law or regulation require a greater width or size of yards or courts, or a lower height of building, or a lesser number of stories, or a lesser bulk of building or density of population or impose other higher standards than are required by this chapter, the provisions of such existing ordinance, law or regulation shall govern.

(Code 1968, § 48-3(b))

State Law reference— Conflicts with other ordinances, laws, etc., 22 Del. C. § 307.

(a)

No building, structure or premises shall be used, and no building, structure or part thereof shall be erected, raised, enlarged, constructed, reconstructed or altered, except in conformity with the provisions of this chapter.

(b)

Where an already improved lot is hereafter divided, the division shall be effected in such manner as not to violate the provisions of this chapter applicable to such lot.

(c)

Nonconforming uses and nonconforming buildings are exempt from the provisions of this section to the extent provided in sections 48-38 and 48-39.

(Code 1968, § 48-3(c)—(e))

(a)

The city planning commission shall assist in the public discussion of waterfront, and central business district land issues, and development projects therein. There is hereby established a "council of presidents" to be comprised of the presidents of duly recognized neighborhood associations, public interest groups, and civic organizations, neighborhood planning councils, as designated by the mayor and so appointed by resolution of city council approved by not less than a majority of all of the members elected thereto. The members of the council of presidents shall select their own officers to serve as chair, secretary, treasurer, and such other positions as the members may deem necessary. Meetings shall be held bi-monthly or as determined by the council of presidents and shall be initiated by the council of presidents by written notification to the director of planning not less than ten days prior to the date of the meeting. The council of presidents shall serve to review with city officials those public projects, which are city-funded or city-sponsored and are located anywhere in the city, but particularly those major development plans proposed to be located in waterfront zoning districts and in the central business district, the latter being defined, as in chapter 1 of this Code (S.1 to Ord. No. 97-015) as including all of the area of Martin Luther King Boulevard from Walnut to Washington Streets; Washington, Jefferson and Adams Streets from 9th to 11th to 12th Streets; 12th to Orange Street; Orange Street to Park Drive; Park Drive and 16th Street to Walnut Street; and Walnut Street to Martin Luther King Boulevard. The council of presidents' role shall be advisory, only, to the planning commission, planning department, zoning administrator and other city departments, as may be necessary.

(b)

The council of presidents shall be called upon to discuss issues of mutual interest to its members and the city government, to interact with the Riverfront Development Corporation and the Wilmington Renaissance Corporation, and to coordinate the efforts of the city neighborhood planning councils and the component neighborhood associations. For the aforesaid purposes, the city government will provide assistance to the council of presidents in the development of a computerized web site in order to link the various neighborhood associations and the planning councils and, further, to provide a centralized location for access to the web site. The city shall determine the location for such physical access.

(c)

The first meeting of the council of presidents shall be scheduled by the planning department to be held no later than November 19, 1999 and shall be held within a reasonable time of such scheduling in accordance with applicable law.

(Ord. No. 97-014(sub 1), § 2, 8-21-97; Ord. No. 99-066(sub 1), § 1, 10-21-99)

Marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores shall only be permitted in the zoning districts explicitly permitting such uses in this chapter. Such uses shall not be permitted in any other zoning districts pursuant to generic uses permitted in such zoning districts, such as retail store or shop or light manufacturing. The generic uses, however, shall govern the hours of operation and parking requirements for marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores, except to the extent that the Delaware Code or chapter 5 of this Code contains more restrictive requirements for hours of operation.

(Ord. No. 25-013(sub 1), § 2, 5-1-25)