Terms Used In Delaware Code > Title 9 > Chapter 69 - Zoning

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• alcoholic liquors: include the 5 varieties of liquor defined in this section (alcohol, spirits, wine, beer and alcoholic cider) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or alcoholic cider and capable of being consumed by a human being, and any liquid or solid containing more than 1 of the 5 varieties defined in this section is considered as belonging to that variety which usually has the higher percentage of alcohol. See Delaware Code Title 4 Sec. 101
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Beer: means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume, obtained by the alcoholic fermentation of any infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed liquors. See Delaware Code Title 4 Sec. 101
• Beneficial interest: shall include any of the following:

  1. See Delaware Code Title 11 Sec. 1502

• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bottle: means any vessel that is corked, capped or stopped or arranged so to be and intended to contain or to convey liquids. See Delaware Code Title 4 Sec. 101
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Commission: means the Delaware Harness Racing Commission. See Delaware Code Title 3 Sec. 10001
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: shall mean any report, notification or information given to a law-enforcement officer that a person is missing or cannot, with reasonable care, be located;

  (2) "Missing person" shall mean a person who is missing, and who also meets 1 of the following characteristics:

  a. See Delaware Code Title 11 Sec. 8531

• comprehensive development plan: shall mean , from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. See Delaware Code Title 9 Sec. 6952
• Continuance: Putting off of a hearing ot trial until a later time.
• Coordination: as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose. See Delaware Code Title 9 Sec. 6952
• County: means Sussex County. See Delaware Code Title 9 Sec. 6952
• Criminal history background check: means the acquisition of state or federal criminal history record information for an individual. See Delaware Code Title 11 Sec. 8502
• Criminal history record information: shall mean information collected by state or federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision and release. See Delaware Code Title 11 Sec. 8502
• Criminal justice agency: shall mean :

  a. See Delaware Code Title 11 Sec. 8502

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Developer: means any person, including a governmental agency, undertaking any development as defined in this subchapter. See Delaware Code Title 9 Sec. 6952
• Development: means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions. See Delaware Code Title 9 Sec. 6952
• Development order: means any order granting, denying or granting with conditions an application for a development permit. See Delaware Code Title 9 Sec. 6952
• Development permit: includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land. See Delaware Code Title 9 Sec. 6952
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Documentary materials: shall mean any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, and any data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item. See Delaware Code Title 11 Sec. 1502
• Enterprise: shall include any individual, sole proprietorship, partnership, corporation, trust or other legal entity; and any union, association or group of persons associated in fact, although not a legal entity. See Delaware Code Title 11 Sec. 1502
• Executor: A male person named in a will to carry out the decedent
• Fiduciary: A trustee, executor, or administrator.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Governing body: means the chief governing body of county government, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein. See Delaware Code Title 9 Sec. 6952
• Governmental agency: means :

  a. See Delaware Code Title 9 Sec. 6952

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Importer: means the person transporting or ordering, authorizing or arranging the transportation or shipment of alcoholic liquors into this State, whether the person is a resident or citizen of this State or not, said person being permitted to sell said alcoholic liquors only to those persons licensed to resell alcoholic liquors; provided, however, that nothing contained in this definition shall be construed as prohibiting an importer from selling such alcoholic liquors to either an active owner of that business for that person's use and not for resale or to a full-time, bona fide employee of that business for that person's use and not for resale; and provided further, that nothing contained in this definition shall be construed as prohibiting an importer from selling beer in "half-barrel" or "quarter-barrel" containers to the holders of a personal license. See Delaware Code Title 4 Sec. 101
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Land: means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. See Delaware Code Title 9 Sec. 6952
• Land development regulation commission: means a commission designated by a county government to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and to report to the governing body regarding its findings. See Delaware Code Title 9 Sec. 6952
• Land development regulations: means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any county government zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land. See Delaware Code Title 9 Sec. 6952
• Land use: means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan. See Delaware Code Title 9 Sec. 6952
• License: means any license or permit to manufacture, to sell, to purchase, to transport, to import or to possess alcoholic liquor authorized or issued by the Commissioner under the provisions of Chapter 5 of this title. See Delaware Code Title 4 Sec. 101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means any municipality. See Delaware Code Title 9 Sec. 6952
• Local planning agency: means the agency designated to prepare the comprehensive plan required by this subchapter. See Delaware Code Title 9 Sec. 6952
• Manufacture: means distill, rectify, ferment, brew, make, mix, concoct or process any substance or substances capable of producing a beverage containing more than 1/2 of 1% of alcohol by volume and includes blending, bottling or other preparation for sale. See Delaware Code Title 4 Sec. 101
• Manufacturer: means any person engaged in the manufacture of any alcoholic liquor and among others includes a distiller, a rectifier, a wine maker, a brewer, and includes a bottler or one who prepares alcoholic liquor for sale. See Delaware Code Title 4 Sec. 101
• Mead: means an alcoholic beverage that is naturally fermented (not distilled or frozen) wherein the major source of fermentable sugars comes from honey. See Delaware Code Title 4 Sec. 101
• newspaper of general circulation: means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is given away primarily to distribute advertising. See Delaware Code Title 9 Sec. 6952
• Pattern of racketeering activity: shall mean 2 or more incidents of conduct:

  a. See Delaware Code Title 11 Sec. 1502

• Pecuniary value: shall mean :

  a. See Delaware Code Title 11 Sec. 1502

• Person: means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity. See Delaware Code Title 9 Sec. 6952
• Personal property: shall include any personal property or any interest in such personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. See Delaware Code Title 11 Sec. 1502
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Principal: shall mean a person who engages in conduct constituting a violation, or one who is legally accountable for the unlawful conduct of another person or entity. See Delaware Code Title 11 Sec. 1502
• Public facilities: means major capital improvements over which the County has jurisdiction. See Delaware Code Title 9 Sec. 6952
• public meeting: means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area. See Delaware Code Title 9 Sec. 6952
• Racketeering: shall mean to engage in, to attempt to engage in, to conspire to engage in or to solicit, coerce or intimidate another person to engage in:

  a. See Delaware Code Title 11 Sec. 1502

• Rap Back System: shall mean a service maintained by the FBI to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction thus eliminating the need for repeated background checks on a person from the same applicant agency. See Delaware Code Title 11 Sec. 8502
• Real property: shall mean any real property situated in this State or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. See Delaware Code Title 11 Sec. 1502
• Recipient agency: means any government agency which is directed or authorized by law to conduct a criminal history background check for the purposes of employing or licensing any individual in this State. See Delaware Code Title 11 Sec. 8502
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restaurant: means any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration and which has seating at tables for 12 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. See Delaware Code Title 4 Sec. 101
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises. See Delaware Code Title 4 Sec. 101
• Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
• Sell: means : solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other person, to carry alcoholic liquors on one's person or to transport with one and with intent to sell the same, but not in any establishment where the sale thereof is allowed. See Delaware Code Title 4 Sec. 101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• structure: includes the word "building. See Delaware Code Title 9 Sec. 6901
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: shall include :

  1. See Delaware Code Title 11 Sec. 1502

• Unemancipated minor: shall mean a minor who has not married, and who resides with a parent or other legal guardian. See Delaware Code Title 11 Sec. 8531
• Unlawful debt: shall mean a debt incurred or contracted in an illegal gambling activity or business; or a debt which is unenforceable under state law, in whole or in part, as to either principal or interest. See Delaware Code Title 11 Sec. 1502
• Verified location: shall mean the location where it has been confirmed that the missing person was last seen. See Delaware Code Title 11 Sec. 8531
• Wine: means any beverage containing more than 1/2 of 1% ethyl alcohol by volume obtained by the fermentation of the natural contents of fruits, vegetables or other products and other vinous liquors, and also includes such beverages when fortified by the addition of alcohol or spirits as defined in this section. See Delaware Code Title 4 Sec. 101
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.