[Added 4-25-2023 by Ord. No. 23-06[1]]
[1]
Editor's Note: This ordinance also repealed former Article
V, AC - Agricultural Conservation District, as amended 7-9-1991 by
Ord. No. 9-11; 2-27-1996 by Ord. No. 96-06; 8-13-1996 by Ord. No.
96-13; 5-13-1997 by Ord. No. 97-09; 10-14-1997 by Ord. No. 97-21;
10-13-1998 by Ord. No. 98-18; 3-14-2000 by Ord. No. 00-05; 10-24-2000
by Ord. No. 00-26; 5-8-2001 by Ord. No. 01-09; 6-12-2001 by Ord. No.
01-13; 8-14-2001 by Ord. No. 01-17; 12-11-2001 by Ord. No. 01-25;
1-15-2002 by Ord. No. 02-01; 1-15-2002 by Ord. No. 02-02; 6-24-2003
by Ord. No. 03-14; 7-5-2005 by Ord. No. 05-09; 2-28-2006 by Ord. No.
06-03; 3-25-2008 by Ord. No. 08-05; 6-23-2009 by Ord. No. 09-11; 6-23-2009
by Ord. No. 09-12; 10-27-2009 by Ord. No. 09-26; 12-15-2009 by Ord.
No. 09-33; 1-25-2011 by Ord. No. 11-03; 1-24-2017 by Ord. No. 17-03;
3-28-2017 by Ord. No. 17-06; 10-24-2017 by Ord. No. 17-19; 3-23-2021
by Ord. No. 21-02; 3-22-2022 by Ord. No. 22-05; and 9-27-2022 by Ord.
No. 22-17.
The purpose of this article is to regulate the
land uses in each zoning district.
A.
All land uses or structures shall be permitted in districts only as indicated in § 205-53, General Use Table, below. All permitted uses shall also include accessory uses and structures as defined in this article. Any use not specifically permitted within a particular zoning district, either as a permitted use or as a conditional use, shall be considered prohibited except as provided in Subsection B below.
B.
Should any proposed use which is not listed as a permitted, conditional or hazardous use within this chapter be proposed within Kent County, the proposed use shall be reviewed by the Director and placed into the most similar category. For nonresidential uses, the Director shall evaluate the proposed use by referencing the most recent North American Industry Classification System (NAICS) Manual. Where the same NAICS code is found in several use categories, the Director shall consider the characteristics of the proposed use, including the intensity of the use and potential adverse impacts. Where a choice remains after reviewing for adverse impacts, the use should be classified with the similar use that has the most adverse impacts. A final determination shall be rendered by the County Administrator in accordance with the provisions of Article I, § 205-4, Subsection D.
C.
Except as otherwise provided, there may not be more than one principal
use or principal structure on a lot, except for lots with split zoning
in which case there shall not be more than one principal use or principal
structure per zoning classification on a lot. Any use other than agricultural
or residential shall require site plan review for that portion of
the lot subject to such use. Multiple uses may be permitted on properties
with nonresidential zoning, provided that all area and bulk requirements
are satisfied.
D.
Each independent use is a principal use. However, in a structure
that is specifically designated a multiple use principal structure,
independent uses do not constitute principal uses.
E.
Accessory uses shall not be permitted without a principal use.
F.
Zoning certificate of use. Except for single-family residences, agricultural
uses, and uses approved through a separate review process, no premises
or structure, including a nonconforming use, may be used or altered
until a zoning certificate of use is issued by the Department of Planning
Services, Division of Planning.
(1)
A zoning certificate of use authorizes the occupancy and use of the
structure or premises to which it applies and continues in effect
as long as the use is in complete conformity with the provisions of
this chapter.
(2)
A zoning certificate of use is required for each use. As long as
a use does not change, a zoning certificate of use continues in effect
when the ownership of the property changes.
(3)
A fee as set from time to time by ordinance of the Levy Court shall
be paid to the County for each zoning certificate of use.
A.
The following symbols are used in the General Use Table:
(1)
"P" indicates a permitted use, where the use is permitted as a matter
of right.
(2)
"PC" indicates a permitted use with specific conditions of approval.
(3)
"C" indicates a use is permitted with conditional use approval.
(4)
"CSP" indicates a use is permitted as a conditional use as described
above and requires a site plan as part of the application.
(5)
"PC/C" indicates a use is permitted through an administrative review
process but can be subject to formal conditional use review. Such
uses also include specific conditions of approval.
B.
Permitted use table.
|
Uses
|
AC
|
AR
|
RS1
|
RS5
|
RM
|
RMH
|
BN
|
BG
|
OC
|
IL
|
IG
|
|---|---|---|---|---|---|---|---|---|---|---|---|
|
AGRICULTURAL USES
| |||||||||||
|
Accessory agricultural dwellings
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Agriculture and aquaculture
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Agricultural manufacturing and waste services
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
|
Agricultural support and other rural services
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
-
|
-
|
|
Aquatic farming/cranberry bog (Agricultural Extractive Use Level
1)
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Blacksmith
|
PC
|
PC
|
-
|
-
|
-
|
-
|
PC
|
PC
|
-
|
PC
|
PC
|
|
Buggy repair/horse trailer sales
|
PC
|
PC
|
-
|
-
|
-
|
-
|
PC
|
PC
|
-
|
PC
|
PC
|
|
Commercial kennel
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
-
|
-
|
|
Commercial stables and horse training
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Dog grooming: dog day care/training
|
C
|
C
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
|
Farm machinery/equipment repair, service, and/or sales
|
C
|
C
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
PC
|
PC
|
|
Farm tenant houses
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Farm winery, brewery, or distillery, with accessory gift shop,
meeting hall, retail sales and tasting facility
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Greenhouses
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Hay, grain, and feed stores
|
C
|
C
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
|
Hunting: commercial, private or public
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Landscape and horticultural services
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Nursery
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
|
Roadside stands
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
|
Slaughterhouse
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
CSP
|
|
Stockyard
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Storage of agricultural chemicals in bulk, retail and wholesale
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
CSP
|
-
|
CSP
|
CSP
|
|
Tack and harness shops
|
C
|
C
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
|
RESIDENTIAL USES
| |||||||||||
|
Accessory dwelling unit
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
-
|
-
|
-
|
-
|
-
|
|
Cluster development
|
PC
|
PC
|
PC
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
-
|
|
ECHO housing
|
PC
|
PC
|
-
|
-
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
|
Group homes (for the care of elderly or disabled) (no more than
10 residents)
|
P
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
|
Group homes (no more than 10 residents)
|
C
|
C
|
C
|
C
|
C
|
C
|
-
|
-
|
-
|
-
|
-
|
|
Home-based contractor establishment, no outdoor storage
|
PC/C
|
PC/C
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Home occupations
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
-
|
-
|
-
|
-
|
-
|
|
Home office
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
|
Manufactured home parks
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
|
Manufactured homes on individual lots
|
P
|
P
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
|
Model home/sales office
|
P
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
|
Multifamily (apartments)
|
-
|
-
|
-
|
CSP
|
P
|
-
|
CSP
|
CSP
|
-
|
-
|
-
|
|
Professional office (home-based)
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
-
|
-
|
-
|
-
|
-
|
|
PUD (planned unit development)
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
|
Short-term rentals
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
-
|
-
|
-
|
-
|
-
|
|
Single-family, attached (townhouse)
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Single-family detached dwellings
|
P
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
|
Duplex
|
-
|
-
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
|
Temporary emergency residence
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
INSTITUTIONAL
| |||||||||||
|
Colleges
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
-
|
-
|
|
Hospitals
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
-
|
-
|
PC
|
-
|
-
|
-
|
|
Institutional neighborhood and regional, to include assembly
and worship
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
PC
|
PC
|
PC
|
-
|
-
|
|
Institutional, residential
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
-
|
-
|
-
|
|
Protective care
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
CSP
|
-
|
CSP
|
CSP
|
|
Public service
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Schools (public or private; no on-site residential)
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
|
Schools (including on-site residential)
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
-
|
-
|
|
Emergency shelter facility
|
-
|
-
|
-
|
C
|
C
|
-
|
C
|
C
|
-
|
-
|
-
|
|
RECREATION AND OPEN SPACE USES
| |||||||||||
|
Campgrounds
|
PC/C
|
PC/C
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Commercial recreation (high-intensity)
|
C
|
C
|
-
|
-
|
-
|
-
|
C
|
P
|
-
|
-
|
-
|
|
Racetrack (including motorsports)
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
-
|
|
Open space recreation (low-intensity)
|
P
|
P
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
|
COMMERCIAL
| |||||||||||
|
Adult uses
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
C
|
-
|
-
|
-
|
|
Auction facilities
|
C
|
C
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
-
|
-
|
|
Banquet or gathering facility
|
C
|
C
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
|
Bed-and-breakfast or commercial hunting lodge
|
C
|
C
|
C
|
C
|
C
|
C
|
P
|
P
|
-
|
-
|
-
|
|
Casino
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
-
|
CSP
|
-
|
|
Commercial lodging
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
|
Commercial, retail, and professional services
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
|
Contractor's establishments, utilities (maintenance facilities),
outdoor storage
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
PC
|
PC
|
|
Drive-through facility
|
-
|
-
|
-
|
-
|
-
|
-
|
PC
|
PC
|
PC
|
-
|
-
|
|
Gas stations
|
-
|
-
|
-
|
-
|
-
|
-
|
C
|
PC
|
-
|
-
|
-
|
|
Heavy commercial retail and service
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
-
|
CSP
|
CSP
|
|
Mini storage/mini warehouse
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
PC
|
-
|
PC
|
PC
|
|
Mixed use
|
-
|
-
|
-
|
-
|
CSP
|
-
|
PC
|
PC
|
PC
|
-
|
-
|
|
Motor vehicle sales, service, storage, rental, and repair
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
PC
|
PC
|
|
Restaurants
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
|
Offices
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
P
|
-
|
-
|
|
Neighborhood shopping center
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
-
|
-
|
-
|
|
Regional shopping center
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
-
|
-
|
-
|
|
Sports medicine facility
|
CSP
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
P
|
-
|
-
|
|
INDUSTRIAL
| |||||||||||
|
Extractive uses
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
|
Heavy industrial
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
|
Light industrial
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
|
Outdoor storage
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
PC
|
PC
|
|
Potentially hazardous uses
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
|
Recycling and storage
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
CSP
|
|
Sawmills and mulching operations
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
PC
|
PC
|
|
Utilities, minor
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
CSP
|
|
Utilities, major
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
CSP
|
CSP
|
|
Warehouses
|
-
|
-
|
-
|
-
|
-
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-
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-
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PC
|
-
|
PC
|
PC
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OTHER USES
| |||||||||||
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Accessory small-scale solar and wind energy systems
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
|
Airports/airstrips/airfields/heliports/helipads
|
CSP
|
CSP
|
-
|
-
|
-
|
-
|
-
|
CSP
|
-
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CSP
|
CSP
|
|
Billboards
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
C
|
-
|
PC
|
PC
|
|
Business/industrial parks
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
PC
|
-
|
PC
|
PC
|
|
Community energy-generating facility
|
PC/C
|
PC/C
|
-
|
-
|
-
|
-
|
-
|
PC/C
|
-
|
-
|
-
|
|
Community recycling bins
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Energy system, utility and wind
|
-
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-
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-
|
-
|
-
|
-
|
-
|
CSP
|
-
|
-
|
-
|
|
Off-premises monument signs
|
C
|
C
|
-
|
-
|
-
|
-
|
C
|
C
|
C
|
C
|
C
|
|
Park and ride facility
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
|
Public interest and special events (temporary activity)
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
|
School bus parking
|
PC/C
|
PC/C
|
C
|
-
|
-
|
-
|
-
|
P
|
-
|
P
|
P
|
|
Small cell telecommunications facility
|
-
|
-
|
-
|
-
|
PC
|
-
|
PC
|
PC
|
PC
|
PC
|
PC
|
|
Stealth telecommunications facility
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
|
Telecommunications towers
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
PC/C
|
|
Transportation shelters (bus, taxi, etc.)
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
|
PC
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PC
|
Additional dwelling units that are allowed as accessory on an active farm where family members or farm help are housed on said farm in accordance with the conditions of § 205-67.
This use includes farms that may grow or raise agricultural
materials and processes them on-site. This may include the full production
of a product to multiple forms, packaging and shipping. This also
includes locations for sanitary landfills and septage processing/storage.
(NAICS Reference - 311119: Other Animal Food Manufacturing (except
pet food); 3112: Grain and Oilseed Milling; 311421: Fruit and Vegetable
Canninng; portion of 32192: Wood Pallet Manufacturing only; 22132:
Sewage Treatment Facilities; 562212: Solid Waste Landfill).
This use includes butcher shops (no slaughterhouse or rendering
plant), clam shell storage, storage of fishing/crabbing equipment,
cold storage lockers (if related to agricultural use on-site), farm
supply services, grain storage, farm product warehousing and storage,
fishing, hunting and trapping industries, taxidermist, leather/hide/raw
fur dressing, and nursery and garden center and associated office
space. Retail nurseries, garden centers, and retail greenhouses must
be customary and incidental to an agricultural use on the same property;
if they are the principal use on the property or if the majority of
the merchandise is not produced on the farm then this would be a commercial
use. Landscaping (horticultural) services are not included. (NAICS
Reference - 31611: Leather and Hide Tanning and Finishing (non-industrial,
no manufacturing); 49313: Farm Product Warehousing and Storage; 44424:
Nursery, Garden Center, and Farm Supply Stores; 44524: Meat Markets;
44525: Fish and Seafood Markets; 44523: Fruit and Vegetable Markets)
These uses include crop production and animal production.
These uses also include any other agricultural use recognized by Delaware
law. See also description of "farm." (NAICS Reference - 11: Agriculture,
Forestry, Fishing and Hunting, except Horse Training, Nursery, and
Hunting/Trapping)
These extractions are for agricultural purposes only. The
owner or operator (with written permission from the owner) of a farm
at least 10 acres in size may utilize an extractive use to create
alternative uses for his/her farm. Some of these uses can include
but are not limited to cranberry bogs, aquatic farming or any other
uses defined as "agricultural" in Delaware. The extractive material
may be removed from the property for sale. No more than 10% (at one
time or cumulatively) of the total farm acreage may be utilized for
agricultural extractions. Should more than 10% of total farm acreage
be extracted, Level Two Extractive Use measures shall be applied.
A person who forges objects of iron. They may make or repair
items in iron by hand. The uses approved under this section are not
meant to be full manufacturing uses, but repair and creating of products
that can be done by hand and not with large-scale industrial machinery.
(NAICS Reference - 332111: Iron and Steel Forging. Further manufacturing
a specific product are classified in that industry's finished
product.)
A location which services, fixes, or modifies horse-drawn
carriages. The use applies to nonmotorized buggies only. Includes
the retail sales of trailers used to transport horses. (NAICS Reference
- Portion of 441227: Horse Trailer dealers only)
81291: Pet Care Services; 54194: Veterinary Services)
The stabling, training, and feeding of horses, or the provision
of riding facilities for other than the use of the resident of the
property; this also includes riding academies. This is any structure
or place where horses, mules, donkeys, or ponies are kept for riding,
driving, or stabling for compensation or incidental to the operation
of any club, association, ranch or similar establishment. (NAICS Reference
- Portion of 115210: Horse Training and Boarding only; Portion of
713990: Riding Stables only)
A location where domestic pets are groomed, washed, cut or
otherwise physically maintained. No overnight boarding is contemplated
with this use. (NAICS Reference - Portion of 81291: Animal Grooming
Services; Grooming Services, Animal; Obedience Training Services;
Pet; Pet Grooming Services; Pet Sitting Services; and Pet Training
Services uses only)
A parcel of land primarily used for agricultural purposes,
including farming, dairying, pasturing, agriculture, horticulture,
floriculture, viticulture, animal and poultry husbandry and the necessary
accessory uses for packing, treating or storing the produce; provided,
however, that the operation of any such accessory uses shall be secondary
to that of normal agricultural activities. The above uses shall not
include raising of animals for use in medical or other tests or experiments
on the same property. Delaware Code further defines this use category
in the following way:
AGRICULTURAL USE LANDLand 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 (9 Del. C. § 8330).
HORTICULTURAL USE LANDLand 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 (9 Del. C. § 8331).
FOREST USE LANDLand 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.
CRITERIA FOR LAND USELand shall be deemed to be actively devoted to agricultural, horticultural or forestry use when:
The use results in $1,000 or more of agricultural, horticultural,
or forestry products being produced and sold during the most recent
calendar year; and
The owner of the land filed a Schedule F (Profit or Loss from
Farming) form with the United States Department of Treasury, Internal
Revenue Service for the previous calendar year.
A business which repairs or maintains farm equipment that
is brought to the site from a farm operation located elsewhere. This
use also allows the sale of farm equipment. The equipment in both
categories must be clearly used for a farming operation and cannot
be for normal residential equipment (i.e., lawnmowers, cars, etc.).
(NAICS Reference - Portion of 811310: Farm Machinery Equipment Repair
and Maintenance Services only; Portion of 423820: Farm and Garden
Machinery and Equipment Merchant Wholesalers only)
Building(s) located on an agricultural use property that
is meant for the housing of employees working on the farm and other
farms owned by that property owner.
A bona fide farm that grows some or all of the raw materials
needed to manufacture alcoholic beverages. The farm must be sized
so that the majority of the ingredients are grown on-site with limited
outside materials delivered. This use would include all associated
uses to consider promoting this use as an agri-tourism business.
Personal use or wholesale/warehouse.
Store that is generally found in an agricultural area that
sells farm animal food supplies and other agricultural-related products.
[NAICS Reference - Portion of 444220: Feed Stores (except pet) only]
Must follow all state and federal hunting laws and receive
any necessary permits. (NAICS Reference - 1142: Hunting and Trapping)
Establishments primarily engaged in providing landscape care
and maintenance services and/or installing trees, shrubs, plants,
lawns, or gardens and establishments primarily engaged in providing
these services along with the design of landscape plans and/or the
construction (i.e., installation) of walkways, retaining walls, ponds
and similar structures. (NAICS - 561730: landscaping Services).
A farm where young plants and trees are grown for sale or
for planting elsewhere. Wholesale of the products is allowed on-site
as part of this use. (NAICS Reference - 42493: Flower, Nursery Stock,
and Florists' Supplies Merchant Wholesalers; 11142: Nursery and
Floriculture Production)
Product must be grown on the property or be grown as part
of a local farm. Can be located within a permanent structure, provided
that the products offered for sale are grown or produced on the subject
farm or lands in agriculture production associated with such farm
operation or the products are grown or produced on a local regional
farm, and such farm market or roadside stand shall comply with the
following provisions:
All buildings, structures and associated canopies shall comply
with the building height setback requirements established by Kent
County within its zoning ordinances. All construction shall conform
to applicable building codes and building permit requirements as enacted
by the local jurisdiction:
Off-street customer parking shall be provided in accordance
with the provisions of the zoning ordinance of kent County, provided
that at least 1 parking space shall be provided for each 100 square
feet of floor area of the establishment. The area of 1 parking space
shall be equivalent to a standard parking stall of nine feet by 18
feet;
If a new vehicular entrance is proposed to support a farm market
or roadside stand, an entrance permit shall be obtained from the Delaware
Department of Transportation prior to the start of construction; and
Signage shall comply with signage provisions and permitting
requirements established by the local jurisdiction within its zoning
ordinances.
An establishment where animals are butchered and preparing
processed meats and meat byproducts. (NAICS Reference - 3116: Animal
Slaughtering and Processing)
An enclosure with pens, sheds, etc., connected with a slaughterhouse,
railroad, market, etc., for the temporary housing of cattle, sheep,
swine, or horses. (NAICS Reference - Portion of 488999: Stockyards
only)
Pesticides, fertilizers, and animal health products (no manufacturing).
(NAICS Reference - Portion of 493120: Farm product warehousing and
storage, refrigerated only; 493130: Farm Product Warehousing and Storage)
An equestrian supply store. Buyers may purchase various pieces
of riding equipment and training aids, as well as boots and riding
apparel, stable equipment, horse care products, grooming supplies,
horse blankets and sheets, model horses, and equine books, magazines,
and videos. (NAICS Reference - Portion of 459110: Tack Shops and Saddlery
Stores only)
A separate complete housekeeping unit that is contained within
the structure of a single-family dwelling.
A detached or subordinate building, the use of which is incidental
and subordiante to that of the main building on the same lot. When
the term "accessory" is used in this chapter, it shall have the same
meaning as "accessory use."
A separate and subordinate dwelling unit that is located
on the same lot as a single-family dwelling.
An accessory apartment or accessory cottage. To constitute
an ADU, a structure will have finished space with a kitchen and at
least two of the following three facilities: sleeping area, laundry
room, and bathroom. A "kitchen" is an indoor area used for food preparation.
A part of a building containing cooking and housekeeping
facilities, consisting of a room or suite of rooms intended, designed
and used as a residence by an individual or single family.
A development approach in which building lots may be reduced
in size and buildings sited closer together, usually in groups or
clusters, provided that the total development does not exceed that
which could be constructed on the site under conventional zoning and
subdivision regulations.
A one-family dwelling attached to one other one-family dwelling
by at least a common roof system and a common vertical wall, with
each dwelling located on a separate lot. A building designed with
a dwelling unit to be located on each horizontal floor may be considered
a duplex but the lot must be able to meet all bulk, area, and density
provisions in the zoning district for each unit.
A small, self-contained, secondary dwelling unit designed
for temporary installation on the same property as an existing single-family
home for use by an elderly relative for whom members of the family
who reside on the same parcel are providing assistance and care. ECHO
housing/elder cottages provide an option for frail, elderly individuals
who require some daily assistance but are not in need of twenty-four-hour
medical supervision (i.e., nursing home).
A residential dwelling unit that is licensed by the State
of Delaware or that is qualified to be licensed by the State of Delaware
as a family child-care home that furnishes care, supervision, and/or
guidance to children other than those children that comprise the immediate
family or relatives of the resident of the dwelling unit. Such care,
supervision and/or guidance shall be limited to a maximum of six full-time
children and three part-time or latch key children as defined by the
State of Delaware, for a maximum limit of nine children, and shall
be approved by kent County Levy Court as an authorized home occupation.
A community-based residential dwelling for persons with disabilities
or elderly persons in which more than four, but not more than 10,
unrelated individuals live together, prepare their meals together,
and function as a single-housekeeping unit using certain rooms and
housekeeping facilities in common. Persons with disabilities shall
include persons as defined by the Delaware Fair Housing Act[1] and the Americans with Disabilities Act to include those
persons with a physical or mental impairment which substantially limits
one or more of such person's major life activities; persons with
a record of having such impairment; and persons being regarded as
having such impairment; but not including persons currently illegally
using a controlled substance. Staffing is required as outlined by
the appropriate state licensing or approval agency.
A community-based residential dwelling, halfway house or
treatment center operated with a single-family orientation in which
more than four, but not more than 10, individuals live together, prepare
their meals together, and function as a single housekeeping unit,
using certain rooms and housekeeping facilities in common. Staffing
is required as outlined by the appropriate state licensing or approval
agency.
An accessory use of a dwelling for an occupation, profession,
enterprise or activity conducted solely by one or more members of
a family residing on the premises which is clearly incidental and
secondary to the use of the premises for dwelling purposes. No home
occupation shall be permitted that:
Changes the outside appearance of the dwelling or is visible
from the street;
Generates traffic, parking, sewerage or water use in excess
of what is normal in the residential neighborhood;
Creates objectionable noise, smoke, fumes, odor, dust or electrical
interference; or
Results in outside storage or display of anything.
The following shall not be considered suitable uses for home
occupation:
Antique shops.
Child-care centers (more than nine children).
Manufacturing.
Automobiles and accessories.
Watercraft and accessories.
Mortuaries.
Product distribution centers (on-premises).
Teaching of more than four pupils at one time.
Veterinarian services (on-premises).
An office in a residential dwelling used solely for a business
operated by a single resident of the home. These will typically be
online businesses or other work that is typically done with only paperwork,
phone, or computer work. No customers, employees, or other persons
involved with the business can be at the site. Examples include but
are not limited to: writer, musician, artist, bookkeeper, stock broker,
gig economy office, computer science, online web sales, editor, broadcasting/podcasting,
online instruction. This use is district from "professional office"
which would allow for employees and customers to visit the site.
A parcel of land that has a residential dwelling unit as
its principal use to include as an accessory use involving a contractor's
business that is owned and operated by the owner-occupants of the
dwelling unit. Within the context of the term "home-based contractor
establishment," the word "contractor" shall mean an owner-occupant
of the premises that is engaged in a contractual service business
which may provide durable goods and/or services for use and/or consumption
at an off-site location and that involves contractor storage, service
or production uses on the residential dwelling parcel in compliance
with applied conditions of approval.
A single-family dwelling unit fabricated in an off-site manufacturing
facility bearing a label certifying that the unit is built in conformance
with federal manufactured housing construction and safety standards
(24 CFR 3280), transportable in one or more sections which, in the
traveling mode, is eight feet or more in width, or 40 feet or more
in length, and built on a permanent chassis designed for use with
or without a permanent foundation when connected to the required utilities.
A transportable, factory-built dwelling, designated to be
used as a year-round dwelling and built prior to enactment of the
Federal Manufactured Housing Act of 1974, which became effective June
1976. For the purpose of this chapter, a mobile home shall be considered
a manufactured home.
A parcel of land under single ownership on which two or more
mobile/manufactured homes are located on individually designated spaces.
For purposes of this chapter, location of two or more manufactured
homes or mobile homes on a farm for temporary workers employed on
the farm does not constitute a manufactured home park.
A dwelling unit in a subdivision used as a sales office,
or a modular unit used as a sales office for a subdivision. This is
a permitted use as part of that subdivision or development.
A factory-built home constructed to be placed on a permanent
foundation and certified as meeting the building code as applicable
to modular housing. Once certified as meeting the standards of the
building code, the home shall be subject to the same standards as
site-built homes.
A residential dwelling consisting of a building containing
three or more dwelling units. For the purpose of this definition,
a building includes all dwelling units that are enclosed within that
building or attached to it by a common floor or wall.
The rooms, studio, office or occupational service area of
a doctor, dentist, lawyer, musician, artist, architect, writer, clergyman
or similar professional person. Examples include; auditor, adjuster,
advertising, audio visual, book dealer (no on-premises sales), bookkeeper,
booking agent, broadcasting, broker, clergymen, collector (no on-premises
buying or selling), computer science, consumer organization, consultant,
counselor, crafts (use of major mechanical or electrical equipment
shall be prohibited), decorator, designer, doctor (excluding veterinarians),
drafting, drama (theater crafts), economist, editor, educator, engineer,
entertainment bureau, fashion (nonmanufacturing), financial planning,
housing consultant, human resource planning, human services, insurance
investigator, investment counselor, lawyer, management, marketing,
placement service, promoter, real estate, stock broker, therapist.
This use is distinct from "home office" which does not allow any customers
or employees to be on-site.
A residential development within the growth zone that can
be approved outside of the normal zoning requirements of this chapter
and can include commercial areas in a residential district under certain
provisions.
Renting of a furnished home or portion of a home listed for
use on a daily or weekly basis in a residential district and not considered
commercial lodging. Can be listed on line (AirBob, HomeAway, or similar
sites) or in physical media (newspaper, bulletin boards, etc.). If
a stay is longer than 30 consecutive days, then this is not considered
a short-term rental and the conditions would not apply.
A residential dwelling consisting of a single detached building
containing one dwelling unit and located on a lot containing no other
dwelling unit.
A residential shelter used for the temporary habitation of
the occupants of a home that has been damaged or destroyed. This structure
is to be located on the same property as the destroyed or damaged
home by temporarily waiving the use, setback, yard, area and dimension
requirements of this chapter until said damage can be repaired or
the dwelling replaced. This residence may be a mobile home.
A single-family dwelling unit constructed in a row of attached
units separated by property lines and with open space on at least
two sides.
[1]
Editor's Note: See 6 Del. C. § 4600 et seq.
This includes religious, grant-making, civic, professional,
and similar organizations. This use is included in the institutional,
regional and neighborhood category.
A facility licensed by the State of Delaware or qualified
to be licensed by the State of Delaware as a child-care center that
furnishes care, supervision and/or guidance for more than nine children,
unaccompanied by parents and/or guardian for periods of less than
24 hours per day. This use is included in the institutional, regional
and neighborhood category.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit and not primarily to render
a service which is customarily carried on as a business. This use
is included in the institutional, regional and neighborhood category.
This includes colleges, universities, and professional schools.
These uses may include student housing and other related facilities
on-site. (NAICS Reference - 6112: Junior Colleges; 6113: Colleges,
Universities, and Professional Schools).
A facility maintained for the purpose of providing accommodations
for persons who are in need of temporary housing or shelter.
A building or group of buildings having room facilities for
overnight patients, used for providing services for the inpatient
medical or surgical care of 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 use and must be an integral part of the hospital
operations. (NAICS Reference - 622:Hospitals).
These uses include museums, aquariums, zoos, cultural or
arts centers, civic and social organizations, day-care centers for
all ages, cemeteries and all other public or private indoor institutional
uses which are not otherwise defined in this section. [NAICS Reference
- 71211: Museums; 71212: Historical Sites; 71213: Zoos and Botanical
Gardens; 62412: Services for the Elderly and Persons with Disabilities;
6244: Child Day-Care Services; 813: Religious, Grant-making, Civic,
Professional, and Similar Organizations (unless a paper office only
with no additional use attached or is a stand-alone residential use):
8122: Death Care Services].
All sheltered care, and group care, except group home facilities
(of any type) where total occupancy is 10 or fewer, shall be considered
institutional residential use. Also, institutional housing where there
is commercial rental or condominium ownership combined with any of
the following: common food service, nursing or health care, dormitories,
fraternities, or sororities are in this category if not on the same
property as the school, university, or college. [NAICS Reference -
623: Nursing and Residential Care Facilities; 62422: Community Housing
Services; 813110: Convents or Monasteries Not Attached to Proper Religious
Use or School (i.e., residences only); 7213: Rooming and Boarding
Houses]
This is housing where the residents are assigned to the facility
and are under the protective care of the city, County, state or federal
government. This use includes jails, prisons, work release, other
similar facilities. (NAICS Reference - Portion of 561210: Correctional
Facility or Jail Operation on a Contract or Fee Basis, Jails, privately
operated; 92214: Correctional Institutions).
These uses include public service facilities, e.g., ambulance,
fire, libraries, police, rescue, national security, and government
buildings. [NAICS Reference 62423: Emergency and Other Relief Services
(disaster shelters); 92: Public Administration (except 92214: Correctional
Institutions which are classified elsewhere); 491: Postal Service]
All public and private schools are permitted by right in
all districts except IG and IL. If a residential component is part
of the campus, a conditional use will be required. (NAICS Reference
- 6111: Elementary and Secondary Schools).
A parcel of land where campsites are established as temporary
living quarters for recreation, education or vacation purposes. [NAICS
Reference - 7212: RV (Recreational Vehicle) Parks and Recreational
Camps]
Any tent, trailer, cabin, lean-to, recreational vehicle,
or similar structure established or maintained and operated in a campground
as temporary living quarters for recreation, education, or vacation
purposes.
Any plot of ground within a campground intended for the exclusive
occupancy by a camping unit or units under the control of the camper.
These uses are characterized by one or more of the following:
building or site development intensive, regional in nature, spectator
oriented, fee required, community impacts: e.g., lighting, trash,
noise, traffic. [NAICS Reference - 487: Scenic and Sightseeing Transportation
(an airstrip or helipad as part of this use is subject to conditional
use review); 7111: Performing Arts Companies; 7112: Spectator Sports
(except 711212: Racetracks); 71311: Amusement and Theme Parks; 71392:
Skiing Facilities; 71393: Marinas; 71394: Fitness and Recreational
Sports Centers (Indoor); 71395: Bowling Centers; Portion of 71399:
All Other Amusement and Recreation Industries (uses similar in nature
to those listed in this section only). Motorsports are specifically
excluded.
Indoor uses include, but are not limited to:
Outdoor uses include, but are not limited to:
Fairgrounds.
Marinas.
Model airplane/drone (UAV) site.
BMX or skateboard parks (unless connected with an approved government
owned public park).
Athletic/sports complexes.
Haunted havrides (permanent).
Miniature golf.
Golf driving ranges.
Amusement parks or water parks.
Carnivals (permanent).
Batting cages.
Rodeo.
Paintball and similar fields or arenas.
Competition around any facility, track, or course upon which
racing or timed events are conducted using motorized vehicles, including
but not limited to automobiles, motorcycles, dirt bikes, go-carts,
and ATVs. This also includes incidental uses, such as driving schools,
practice sessions, test sessions, exhibitions, visitor track days,
and repair or modification of vehicles. (NAICS Reference - 711212:
Racetracks)
These uses are characterized by one or more of the following:
open area emphasis, minimal site impact, community compatible, low
spectator emphasis, club membership. The uses include, but are not
limited to passive recreational uses that are or are similar to the
following:
Game preserves.
Areas for hiking, jogging, cycling.
Other passive-recreation-oriented parks.
Zipline or ropes course.
Arboretums.
Equestrian facilities (noncommercial).
Tot-lots and playgrounds.
Wildlife sanctuaries.
Parks and nature areas.
Playing fields.
Dog parks.
NAICS Reference includes clubs and associations, such as outdoor swimming pools, tennis courts, golf courses, and country clubs. [NAICS Reference - 71219: Nature Parks and Other Similar Institutions; 71391: Golf Courses and Country Clubs; 71394: Fitness and Recreational Sports Centers (Outdoor); Portion of 71399: All Other Amusement and Recreation Industries (uses similar in nature to those listed in this section only]
Any establishment or portion thereof which offers sexually
oriented material, devices, paraphernalia, services or performances,
or any combination thereof, or in any other form, whether printed,
filmed, recorded or live; and which excludes admission or participation
in any manner by persons under the age of 18. Furthermore, the term
"sexually oriented" shall be interpreted in the context of the following
specified sexual activities and anatomical areas:
Genitals in a state of sexual stimulation or arousal;
Acts of human masturbation, sexual intercourse, sodomy, sadism,
masochism or bestiality;
Fondling or other erotic touching of human genitals, public
region, buttocks or female breasts;
Less than completely or opaquely covered human genitals, public
region, buttock, female breasts below a point immediately above the
top of the areola; and
Human male genitals in a discernibly turgid state even if completely
and opaquely covered.
A publicly held sale at which property or goods are sold
to the highest bidder. (NAICS Reference - Portion of 423110: Automobile
Auction Merchant Wholesalers only; 42452: Livestock Merchant Wholesalers;
Portion of 424590: Auction Markets, Tobacco, Horses, Mules, Merchant
Wholesalers)
A building and/or property that can be rented or leased for
a single event (i.e., wedding receptions, graduation parties, business
parties, retirement luncheons). The owner may provide food service
with proper licensing or may allow an off-site company to cater the
event. (NAICS Reference - Portion of 531120: Banquet Hall Rental or
Leasing only; Portion of 72232: Banquet Hall Rental or Leasing only)
Properties that meet the criteria of 9 Del. C. § 306 are
not subject to the process required as part of this use category.
This section states that agritourism activities may be allowed statewide
on farms meeting the state's criteria. One such approved tourism
activity is barn parties or farm festivals.
This is any place of lodging in which there are no more
than eight guestrooms, or suites of rooms, available for temporary
occupancy for varying lengths of time, with compensation to the owner,
by the general public, and in which meals may be prepared for them,
provided that no meals may be sold to persons other than such guests,
and that the owner resides therein as his or her principal place of
residence. Commercial hunting lodges do not have to be the principal
home of the owner of the lodge, but an operator of the business must
be on site at all times as long as rooms are being rented. (NAICS
Reference - 721191: Bed-and-Breakfast Inns)
A public room or building where gambling games are played.
All casinos operating under this section must also be approved by
the State of Delaware. (NAICS Reference - 71321: Casinos; 72112: Casino
Hotels).
These uses include hotels, motels, or a building or group
of buildings offering transient lodging accommodations on a daily
rate to the general public. Additional services to be provided may
include a restaurant, meeting rooms, and recreational facilities.
[NAICS Reference - 72111: Hotels (except casino hotels which are classified
elsewhere) and Motels; 721199: All Other Traveler Accommodation]
All uses in the following categories are included, unless
listed in heavy retail or elsewhere in this chapter. [NAICS Reference
- 44133: Automotive Parts and Accessories Retailers; 44411: Home Centers;
44412: Paint and Wallpaper Retailers; 44414: Hardware Retailers; 44423:
Outdoor Power Equipment Retailers; 445: Food and Beverage Retailers;
449: Furniture, Home Furnishings, Electronics, and Appliance Retailers;
455: General Merchandise Retailers; 456: Health and Personal Care
Retailers; 4572: Fuel Dealers; 458: Clothing, Clothing Accessories,
Shoe, and Jewelry Retailers; 459: Sporting Goods, Hobby, Musical Instrument,
Book, and Miscellaneous Retailers (except tack/saddlery stores and
45993); 512: Motion Picture and Sound Recording Industries; 513: Publishing
Industries; 518: Computing Infrastructure Providers, Data Processing,
Web Hosting, and Related Services; 519: Web Search Portals, Libraries,
Archives, and Other Information Services; 52: Finance and Insurance;
53: Real Estate and Rental and Leasing (except 53113. 5321. 53241);
54: Professional, Scientific, and Technical Services (except 54194);
55: Management of Companies and Enterprises; 5611: Office Administrative
Services; 5612: Facilities Support Services (except jail or correctional
facility operation); 5613: Employment Services; 5614: Business Support
Services; 5615: Travel Arrangement and Reservation Services; 5616:
Investigation and Security Services; 5619: Other Support Services;
6114: Business Schools and Computer and Management Training; 6115:
Technical and Trade Schools; 6116: Other Schools and Instruction;
6117: Educational Support Services; 621: Ambulatory Health Care Services
(includes all doctors' offices); 62411: Child and Youth Services;
62419: Other Individual and Family Services; 62421: Community Food
Services; 6243: Vocational Rehabilitation Services; 7113: Promoters
of Performing Arts, Sports, and Similar Events; 7114: Agents and Managers
for Artists, Athletes, Entertainers, and Other Public Figures; 7115:
Independent Artists, Writers, and Performers; 71312: Amusement Arcades;
71329: Other Gambling Industries; Portion of 71399: All Other Amusement
and Recreation Industries (examples include dance halls, discotheques,
billiard halls, eSports facility, escape rooms, axe throwing, etc.):
8112: Electronic and Precision Equipment Repair and Maintenance; 8114:
Personal and Household Goods Repair and Maintenance; 812: Personal
and Laundry Services (except dry cleaning plants, pet care services,
and death care services which are classified elsewhere)]
A building or outdoor yard for vehicle or equipment storage,
repair, maintenance and service, which may include offices (administrative
or business). Utility companies that have their maintenance or equipment/material
storage yards. (NAICS Reference - 238: Specialty Trade Contractors;
56172: Janitorial Services; 56173: Landscaping (Horticultural) Services;
56174: Carpet and Upholstery Cleaning Services; 56179: Other Services
to Buildings and Dwellings)
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is services without existing the vehicle.
A place where fuel is sold for vehicles, often with accessory
convenience store, car wash, and/or vehicle charging stations. (NAICS
Reference - 4571: Gasoline Stations).
All uses in the following categories are included, unless
stated elsewhere in this chapter. [NAICS Reference - 42: Wholesale
Trade (except those uses consider agriculture under Delaware state
law); 492: Couriers and Messengers; 44418: Other Building Material
Dealers (e.g., lumberyards); 484: Truck Transportation; 4884: Support
Activities for Road Transportation; 485: Transit and Ground Passenger
Transportation; 4885: Freight Transportation Arrangement; 4889: Other
Support Activities for Transportation (except stockyards); 516: Broadcasting;
517: Telecommunications; 53241: Construction, Transportation, Mining,
and Forestry Machinery and Equipment Rental and Leasing; 56171: Exterminating
and Pest Control Services; 8113: Commercial and Industrial Machinery
and Equipment (except automotive and electronic which are classified
elsewhere) Repair and Maintenance; 812320: Only dry cleaning plants
from this section.
A building or group of buildings that are used for self-storage.
They contain a variety of individual units that are rented out for
the purpose of storing personal belongings. (NAICS Reference - 53113:
Lessors of Mini warehouses and Self-Storage Units).
A building or group of buildings on a lot planned, designed
and managed as an integrated development comprised of residential
and nonresidential uses in a single building oriented to a pedestrian
scale and intended to provide convenient shopping, employment and
residential opportunities while reducing vehicular trip generation.
This use is meant to be predominantly commercial in nature, but residential
uses and live/workspaces are to be provided in deference to the character
of the commercial design.
All uses related to moving vehicles and supporting services
like gas stations and car washes, including manufactured/mobile home
dealers. [NAICS Reference - 4411: Automobile Dealers; 4412: Other
Motor Vehicle Dealers; 44134: Tire Dealers; 45993: Manufactured (Mobile)
Home Dealers; 5321: Automotive Equipment Rental and Leasing; 8111:
Automotive Repair and Maintenance]
Any commercial structure or group of structures less than
175,000 square feet is not considered a regional shopping center automatically
requiring a conditional use. This use would follow the normal process
established for the specific business proposed.
[NAICS Reference - 52: Finance and Insurance; 5312: Offices
of Real Estate Agents and Brokers; 5313: Activities Related to Real
Estate; 54: Professional, Scientific, and Technical Services (except
54194: Veterinary Services. See: commercial kennel.); 55: Management
of Companies and Enterprises; 5611: Office Administrative Services;
5613: Employment Services; 56141: Document Preparation Services; 56151:
Travel Agencies; 621: Ambulatory Health Care Services (includes all
doctors' offices)]
Any structure or group of structures that meets or exceeds
175,000 square feet of total floor area is considered a shopping center
(which will also require review from the State of Delaware's
Preliminary Land Use Service). This use may be an establishment planned,
development and managed as a unit, with shared off-street parking,
signage, utilities, landscaping, pedestrian and vehicular access provided
on the site. Once approved through the conditional use process, all
permitted or conditional uses in that zoning district may locate in
the shopping center (except adult uses).
Includes bars and taverns, [NAICS Reference - 722: Food Services
and Drinking Places]
Location which specializes in the treatment and preventive
care of athletes. It may provide athlete and/or nonathlete care, physical
therapy, and medical rehabilitation.
These extractions are for commercial uses regarding the excavation
of sand, clay, gravel, stone and/or other earth material where no
material is processed. There is no size limitation on the property
utilizing level two extractive use. There is no requirement to keep
excavated material on the property for extractive commercial uses.
These extractions are for commercial uses with the additional
function of processing the borrowed/extracted material. If the applicant
wanted to create a processing site without extractive operations at
a site, this same process would apply. "Processing" is defined as
the act of screening, mixing, blending, treating and/or washing the
excavated/borrowed material.
This category includes extraction uses such as mining and
quarrying, and any other extraction use. (NAICS Reference - 21: Mining,
Quarrying, and Oil and Gas Extraction). Excavation of any earth product
on a property, for any nonexempt purpose.
Accessory retail storefront/gift shop is permitted for products
that are manufactured on site. The area for this use must be subordinate
to the manufacturing use and must meet all commercial building code
requirements for the use. (NAICS Reference - 3113: Sugar and Confectionery
Product Manufacturing; 3114: Fruit and Vegetable Preserving and Specialty
Food Manufacturing; 3115: Dairy Product Manufacturing; 3117; Seafood
Product Preparation and Packaging; 3118; Bakeries and Tortilla Manufacturing;
3119; Other Food Manufacturing; 3122; Tobacco Manufacturing; 321:
Wood Product Manufacturing (except sawmills which are classified elsewhere);
327215: Glass Product Manufacturing Made of Purchased Glass; 482;
Rail Transportation; 4882; Support Activities for Rail Transportation;
483: Water Transportation; 4883; Support Activities for Water Transportation).
Accessory retail storefront/gift shop is permitted for products
that are manufactured on-site. The area for this use must be incidental
and subordinate to the manufacturing use and must meet all commercial
building code requirements for the use. {NAICS Reference - 313: Textile
Mills; 314: Textile Product Mills; 315: Apparel Manufacturing; 316:
Leather and Allied Product Manufacturing [except 3161 (Hazardous)];
323: Printing and Related Support Activities; 326: Plastics and Rubber
Products Manufacturing [except tires 3262 (Hazardous)]; 3271; Clay
Product and Refractory Manufacturing; 327991: Cut Stone and Stone
Product Manufacturing; 3322: Cutlery and Handtool Manufacturing; 3323:
Architectural and Structural Metals Manufacturing; 3324: Boiler, Tank,
and Shipping Container Manufacturing; 3325: Hardware Manufacturing;
3326: Spring and Wire Product Manufacturing; 3327: Machine Shops;
Turned Product; and Screw, Nut, and Bolt Manufacturing; 3328: Coating,
Engraving, Heat Treating, and Allied Activities; 33291: Metal Valve
Manufacturing; 332991: Ball and Roller Bearing Manufacturing; 332996:
Fabricated Pipe and Pipe Fitting Manufacturing; 332999: All Other
Miscellaneous Fabricated Metal Product Manufacturing; 3331: Agriculture,
Construction, and Mining Machinery Manufacturing; 3332: Industrial
Machinery Manufacturing; Portion of 3333: Optical Instrument and Lens
Manufacturing, Photographic and Photocopying Equipment Manufacturing
only; 3335: Metalworking Machinery Manufacturing; 3336: Engine, Turbine,
and Power Transmission Equipment Manufacturing; 3339: Other General
Purpose Machinery Manufacturing [except 333914 (Hazardous)]; 334:
Computer and Electronic Product Manufacturing; 335: Electrical Equipment,
Appliance, and Component Manufacturing; 337: Furniture and Related
Product Manufacturing; 339: Miscellaneous Manufacturing}
Uses that are solely outdoor storage of equipment, vehicles,
or materials.
{NAICS Reference - 22132: Sewage Treatment Facilities; 3111:
Animal Food Manufacturing (except those allowed as agricultural manufacturing);
3112: Grain and Oilseed Milling; 3121: Beverage Manufacturing; 3161:
Leather and Hide Tanning and Finishing; 322: Paper Manufacturing;
324: Petroleum and Coal Products Manufacturing; 325: Chemical Manufacturing;
32621: Tire Manufacturing; 327211: Flat Glass Manufacturing; 327212:
Other Pressed and Blown Glass and Glassware Manufacturing; 327213:
Glass Container Manufacturing; 3273: Cement and Concrete Product Manufacturing;
3274: Lime and Gypsum Product Manufacturing; 3279: Other Nonmetallic
Mineral Product Manufacturing [except 327991 (light industrial)];
331: Primary Metal Manufacturing; 3321: Forging and Stamping; 332992:
Small Arms Ammunition Manufacturing; 332993: Ammunition (except small
arms) Manufacturing; 332994: Small Arms, Ordnance, and Ordnance Accessories
Manufacturing; 3333: Commercial and Service Industry Machinery Manufacturing
(except what's listed in light industrial); 3334: Ventilation,
Heating, Air-Conditioning, and Commercial Refrigeration Equipment
Manufacturing; 333914: Measuring and Dispensing Pump Manufacturing;
336: Transportation Equipment Manufacturing; 562: Waste Management
and Remediation Services (except 562212 and 56292)}
This use includes any land or structure used for salvaging,
recycling, resource recovery, or storing of wastepaper, rags, scrap
metal, and discarded materials, and the collection, dismantlement,
storage, and salvage of two or more inoperative vehicles, automobiles,
boats, trucks, farm vehicles or equipment, or other types of machinery.
This use also includes the dismantling and/or recycling of mobile
and manufactured homes. This includes the aggregate storage of man-made
equipment, machinery, scrap, or other used materials having a total
cubic volume of 700 cubic feet. Where there is no exterior storage,
and all the material is stored inside buildings with impervious floors,
the use shall be considered light industry. This use is not meant
to allow for the approval of a junkyard. [NAICS Reference - 56292
Materials Recovery Facilities; 42314 Motor Vehicle Parts (Used) Merchant
Wholesalers; 42393 Recyclable Material Merchant Wholesalers]
A place where wood is cut into boards or other forms, usually
with heavy machinery. Mulching operations create mulch out of wood
products and other materials. [NAICS Reference - 321113: Sawmills]
Any facility for the regional generation, transmission, distribution,
treatment, disposal, or storage of power, and water. This use shall
exclude disposal of hazardous or radioactive waste materials, which
are prohibited. [NAICS Reference - 221: Utilities (except 221114,
221115, and 22132)]
Utility substations, gas regulators, public water supply
well or intake, transmission or local distribution facilities, including
water storage tank, reservoir and treatment at the wellhead or spray
irrigation facility. This section does not apply to minor government
utilities. [NAICS Reference - 221: Utilities (except 221114, 221115,
and 22132)]
49311: General Warehousing and Storage; 49312: Refrigerated
Warehousing and Storage (except for farm products grown on-site);
49319: Other Warehousing and Storage).
A device or structural design feature, the primary purpose
of which is to provide for the collection, storage and distribution
of energy for heating or cooling, electricity generating, or water
heating for the purpose of reducing or meeting on-site needs.
This use includes all airports and flight training schools,
including those for the private use of an individual. This term shall
include commercial service category airport as defined as a publicly
owned airport classified as a commercial service category airport
pursuant to the National Plan of Integrated Airport Systems and also
having a Part 139 Certification pursuant to 14 CFR Part 139. (NAICS
Reference - 481: Air Transportation; 4881: Support Activities for
Air Transportation)
A commercial sign that directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located.
An area specially designated and landscaped to accommodate offices,
commercial uses, retail and service uses, and industrial uses within
a planned development. Such development is intended to be designed
to provide for a related group of activities which are functionally
integrated relative to land uses, vehicular and pedestrian circulation,
and the arrangement of structures. Permitted uses include Light industry;
warehouses; commercial, retail, and professional services; commercial
recreation (high-intensity); contractor establishments and shops;
utilities (maintenance facilities); outdoor storage; automotive repair
and maintenance; public service; winery, brewery, or distillery, with
accessory tasting facility; kennel, commercial; and farm machinery/equipment
repair and service as defined in this chapter. Any conditions of specific
individuals uses remain in effect.
Hazardous uses. Heavy industrial, retail uses that are not connected
with a manufacturing use, taverns or restaurants that are not connected
with the product's creation, mini-storage, slaughterhouse, extractive
uses, sawmills/mulching, recycling centers, commercial lodging, and
all residential uses are not permitted as part of this use.
A renewable energy-generating facility, no larger than 50
acres in size, that serves multiple customers who share the output
of the generator, which may be located either as a stand-alone facility
or behind-the-meter of a participating owner or customer. The facility
shall be interconnected to the distribution system and operated in
parallel with an electric distribution company's transmission
and distribution facilities. (NAICS Reference - 221114: Solar Electric
Power Generation; 221115: Wind Electric Power Generation)
Locations where bins are provided for residents to deposit
their recyclable goods Bins would then be emptied by a public or private
waste management service.
A renewable energy-generating facility, located in the service
area of a utility under the regulation of the PIM Interconnection
LLC Regional Transmission Authority or successor agency, which is
stand-alone and sells energy directly into the power grid. (NAICS
Reference - 221114: Solar Electric Power Generation; 221115: Wind
Electric Power Generation)
A freestanding sign with no visible support structure with low overall height. (See Article XVIII, Signs.)
These are locations where a public parking lot is provided
for commuting with other drivers or public transit.
Fundraisers and other similar events. A temporary activity,
such as a fair, circus, carnival, bazaar or similar activities (fundraiser,
etc.), that does not have any permanent improvements shall be permitted
in all zoning districts as a permitted use, provided that the activity
does not occur more than seven consecutive days or a maximum of 14
days in a calendar year.
A location where school buses are parked.
A facility, excluding a satellite television dish antenna,
established for the purpose of providing wire voice, data, and/or
image transmission within a designated service areas. A small cell
telecommunications facility must not be staffed and consists of one
or more antennas attached to a support structure. An antenna or wireless
antenna base station which provides wireless voice, data, and image
transmission within a designated service area as part of a small cell
telecommunications facility may consist of a low-powered access node
with not more than five watts of transmitter output power per antenna
channel and may not be larger than a maximum height of three feet
and maximum width of two feet. A small cell telecommunications antenna
may be installed on existing rooftops, structures, or support structures
where permitted.
Any telecommunication facility that is integrated as an architectural
feature of a structure or the landscape so that the facility and its
purpose to provide wireless services is not visually apparent or prominent.
This category includes radio or television broadcasting towers,
cellular communications towers, and antenna arrays, except residential
and retail receiving satellite dishes.
A small roofed structure, which may be enclosed by walls,
located near a street and designed primarily for the protection and
convenience of bus, taxi, or other passengers waiting for transit.
