For the purpose of interpreting this chapter,
certain terms are herein defined. Words used in the present tense
include the future. The singular includes the plural and the plural
includes the singular. The word "person" includes a corporation, association
or partnership as well as an individual. The word "lot" includes the
word "plot." The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged
or designed to be occupied or used."
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by a Town
official in the enforcement of this chapter or of any ordinance supplemental
hereto or amendatory thereof.
[Amended 9-18-1992 by Ord. No. 278]
A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street. "Alleys" may be private or publicly dedicated, but no "alley"
shall be permitted to serve as the primary means of vehicular access
to any property or dwelling unit.
[Added 12-9-1988 by Ord. No. 215]
One unit within a multiunit building containing all the requirements
of a dwelling unit, except smaller in floor area than required for
a dwelling unit.
An exterior floor system or platform enclosed by a wall or
balustrade on the outside of a structure, with access from an upper-floor
window or door.
[Added 11-18-2011 by Ord. No. 470]
A room affording complete privacy and containing at least
a toilet and lavatory.
A detached building, not for habitation, accessory to and
on the same lot with a principal building. A building or other structure
that does not have a wall and a roof in common with the principal
building but is connected to the principal building by way of but
not limited to a deck, walkway (covered or open), a buried foundation,
knee wall, trellis, railings or any form of fencing shall be considered
an accessory building/structure.
[Amended 5-17-2013 by Ord. No. 492]
A building containing two or more apartments.
A building containing more than one standard dwelling unit.
[Amended 8-17-1990 by Ord. No. 251]
A building or structure, the principal use of which is commercial.
A building or structure whose exterior dimensions or density
of occupancy exceed those permitted by the height, density or lot
coverage restrictions or violate the yard requirements provided by
this chapter.
A building or structure, the principal use of which is recreational.
A building or structure, the principal use of which is residential.
[Amended 9-15-1989 by Ord. No. 232]
A building in which is conducted the main use of the lot
on which the building is located.
A building containing no more than one standard dwelling
unit.
[Amended 8-17-1990 by Ord. No. 251]
Hotels or motels, in 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 mandatory amenities
and/or other restaurants, meeting rooms, pools, spas, and recreational
facilities.
[Added 8-16-2013 by Ord. No. 498; amended 11-15-2013 by Ord. No.
500]
A standard guest room in the Commercial Lodging Zoning District
(CL-1) containing a bathroom, or access thereto, and sleeping facilities,
but without a kitchen.
[Added 11-15-2013 by Ord. No. 500; amended 12-19-2014 by Ord. No.
508]
A use, generally of a public or quasi-public character, which
is deemed to be essential or desirable for general convenience and
welfare but: because of its unusual characteristics, cannot be well-adjusted
to its environment in particular locations with full protection offered
to surrounding properties by rigid application of the district regulations;
because of the nature of the use, the importance of its relationship
to the Comprehensive Plan, and possible impact on both neighboring
properties and larger areas of the Town, nevertheless requires the
exercise of planning judgment and legislative discretion on location
and site plan. A conditional use may be approved, approved with conditions,
or denied, by the Town Council, following review by the Town Planning
and Zoning Commission[1] and a duly-noticed public hearing in accordance with the
same procedures governing an amendment to the Town Zoning Map.
[Added 1-20-2006 by Ord. No. 403]
A vehicle, self-propelled or drawn by another vehicle, not
for human transportation, the use of which is as mechanical aid or
for storage during construction.
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers, or other independent
supports and accessible from an upper-floor window, door or stair
system. Raised decks are not considered to be roofs.
[Added 11-18-2011 by Ord. No. 470]
A numerical ratio of standard dwelling units per unit or
ground area.
[Amended 8-17-1990 by Ord. No. 251]
One unit, within a multiunit building, containing all the
requirements of a dwelling unit except smaller in floor area than
the required for a dwelling unit, standard (DUS).
[Added 8-17-1990 by Ord. No. 251]
Two or more rooms, detached or with common walls, designed
and used as a unit for human habitation and containing facilities
for sleeping, a kitchen and a bathroom.
[Added 8-17-1990 by Ord. No. 251]
The edges or lower borders of the roof of a structure and
excluding the edges from roof decks, which overhang the walls and
whose primary purpose is to cast off water that falls on the roof.
[Added 11-18-2011 by Ord. No. 470]
A facility which provides diagnosis and treatment services
to individuals who are in urgent need of them. An "emergency room
facility" shall be open to the public seven days a week, 24 hours
a day during any period of the year that it is in operation.
[Added 4-18-1986 by Ord. No. 168]
An accessory building, when not attached to the principal
building.
[Amended 3-16-2007 by Ord. No. 423]
The vertical measurement to the highest point of the building or structure measured from the grade of the lot or plot on which the building or structure is located; provided, however, that anything in this chapter to the contrary notwithstanding, that whenever a structure is located in a flood zone regulated by Chapter 453, Flood Damage Prevention, and the roof of such building or structure has a pitch throughout of not less than 5/12, then the property owner may elect to have the height measured from the elevation of the base flood elevation to the highest point of such building or structure.
[Added 9-15-1989 by Ord. No. 231; amended 5-15-1998 by Ord. No.
324; 4-21-2006 by Ord. No. 412; 6-18-2010 by Ord. No. 456]
The vertical measurement of the fence measured from the grade
of the lot on which it is situated to the topmost point of the fence
or supporting numbers.
[Amended 8-19-2011 by Ord. No. 467]
Any occupation or activity normally carried on as a professional or commercial enterprise or business, but conducted within and accessory to a private residential dwelling [or its permitted accessory building(s)], provided that the conditions in § 425-28 are met.
A room or area (either in whole or in part) used for cooking
and/or food preparation and/or containing any form of cooking facilities
and/or food storage facilities such as stoves, countertops for food
preparation, ovens, or refrigerators; provided, however, that areas
containing a compact refrigerator, coffee pot, microwave, mini-bar,
a small two-burner cooking countertop inset, a bar-size sink or similar
compact amenities shall not be considered a kitchen.
[Amended 11-15-2013 by Ord. No. 500]
The interior of a dwelling unit, which may be occupied for
living purposes by humans, excluding basements, open decks and attics.
Livable floor area does not include an attached garage or any accessory
structure and shall conform to the Bethany Beach Building Code for
residential occupancy.
[Added 5-17-2013 by Ord. No. 490]
All floor area space in a room not including but not limited
to stairwells, hallways, columns, closets, toilet rooms, showers and
bathrooms.
[Added 5-17-2013 by Ord. No. 490]
A required open lot space, located at the rear of a commercial
lot.
A unit designed and used for human habitation, within a multiunit
building, containing a bathroom, or access thereto, and sleeping facilities,
but without a kitchen.
A lot bounded by and abutting two intersecting streets.
The land area of a lot covered by buildings, expressed as
a percentage of the total land area of the lot.
The maximum horizontal distance between the front and rear
lot lines.
A lot not meeting the area or street frontage requirements
of this chapter.
The property line of a lot or plot abutting a public street.
The width of a lot or plot abutting a public street.
[Amended 12-9-1988 by Ord. No. 215]
A parcel of ground.
An amenity that is required to be provided on site for commercial
lodging containing 50 or more standard guest rooms in a commercial
lodging structure or complex.
[Added 11-15-2013 by Ord. No. 500; amended 12-19-2014 by Ord. No.
508]
A structure transportable in one or more sections which is
eight body feet or more in width and is 32 body feet or more in length
and which is built on a permanent or temporary chassis and designed
to be used as a standard dwelling unit, with or without permanent
foundation, when connected to the required utilities and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein.
[Amended 8-17-1990 by Ord. No. 251]
A multiunit building containing two or more lodging rooms
with on-site management and providing daily housekeeping services.
That portion of the lot that is dedicated to either trees,
grass, flowers, bushes, other plantings and/or mulched areas. Mulched
areas shall be limited to vegetative ground cover only and not clam
shells, decorative stone or other similar hard materials.
[Added 4-14-2023 by Ord. No. 558]
A structure or lot, the use of which does not conform to
the use regulations for the district in which it is situated.[3]
An area on a lot for temporary storage of a motor vehicle.
Materials that permit water to enter the ground by virtue
of their porous nature or by their design using spaces in the installation
of the material to allow water infiltration. Examples of permitted
pervious materials include sand, gravel, shells, and, when installed
per current industry standards or guidelines, permeable pavers, pervious
concrete and porous asphalt.
[Added 4-14-2023 by Ord. No. 558]
The value of a lot, building or structure as determined from
the current Sussex County tax assessment list or by the Sussex County
Board of Assessors.
A lot, improved or to be improved by two or more principal
buildings, without interior lot lines and with or without a public
street or streets, which:
Contains 50,000 square feet or more of land;
or
As of October 15, 2004, was owned of record
as a single lot containing less than 50,000 square feet of land; or
Consists of two or more abutting lots intended
to be combined into one single lot which abutting lots were, as of
October 15, 2004, owned of record by the same legal entity and cumulatively
contained less than 50,000 square feet of land.
[Added 4-18-1986 by Ord. No.
168; amended 3-16-2007 by Ord. No. 423]
A facility, incorporated or unincorporated, which provides
the following types of services on an organized basis to patients
not requiring medical supervision for more than 24 hours:
Services of physicians and, where feasible,
services of physicians assistants and nurse clinicians.
Diagnostic laboratory and radiologic services.
Preventive health services, including children's
eye and ear examinations to determine the need for vision and hearing
correction, prenatal services, well-child services and family-planning
services.
Emergency medical services.
Transportation services as required for adequate
patient care.
Pharmaceutical services as may be appropriate
for particular centers.
Any land, other than an alley, intended for vehicular passage
which is not required to be dedicated as a public street.
[Added 12-9-1988 by Ord. No. 215]
Any structure, equipment, or use directly involved in the provision of the following goods or services to the residents and property-owners of the Town or its environs: supply and distribution of electricity or water; telephone, telegraph, cable television, fiber-optic, and/or other communication lines and facilities; collection, transmission, treatment, and/or disposal of sanitary sewage or storm waters; and fire hydrants. "Public utility" shall not include a "wireless communication facility" or an "amateur radio antenna" as defined in Chapter 525 of the Town Code.
[Added 1-20-2006 by Ord. No. 403]
Any commercial use or activity (excluding signs or windblown
displays) located on or above the roof of any building. For purposes
hereof, the "roof" of any building shall mean the topmost permanent
covering over any portion of that building supported by permanent
enclosing walls on all sides.
[Added 7-17-1992 by Ord. No. 276]
A multiunit building containing two or more commercial lodging
rooms with or without board (e.g., bed-and-breakfast).
[Amended 5-17-1991 by Ord. No. 259]
The area within the setback lines.
[Added 11-17-1989 by Ord. No. 236]
The interior line of the required yard space on a lot or
plot.[5]
A use that may not be generally appropriate throughout the
zoning district but which may be permitted by written approval of
the Board of Adjustment in specific circumstances and under conditions
attached by the Board in order to protect the character of the district
in which it is located and in adjacent neighborhoods.
[Amended 6-19-1992 by Ord. No. 274]
A commercial lodging room with standard accommodations in
any configuration of beds or any type of furniture capable of converting
into beds or sleeping facilities. For the Commercial Lodging (CL-1)
Zoning District, the following conditions apply:
[Added 11-15-2013 by Ord. No. 500; amended 12-19-2014 by Ord. No.
508]
The total number of registered guests permitted in a commercial
lodging structure or complex is strictly limited to a maximum of 460,
with no exceptions permitted at any time of the year.
The number of permitted guests and the reporting of the number
of guests are conditions that are to be listed on the business license.
Between May 15 and September 15, the hotel must verify daily
occupancy in a manner and frequency as designated by the Town Manager
for the Manager's review and report to the Town Council.
A public way intended for purposes of vehicular travel, including
the entire area within the right-of-way, publicly dedicated to and
accepted by the Town, the county and/or the state.
[Added 12-9-1988 by Ord. No. 215; amended 5-17-1996 by Ord. No.
300]
That which is built or constructed, an edifice or building
of any kind or any piece of work artificially built up or composed
of parts joined together in some manner. The term "structure" shall
be construed as if followed by words "or part thereof."
[Amended 4-15-1983 by Ord. No. 114]
A building or structure, not for human habitation, used for
and during construction.
Any conveyance for the transportation or storage of material,
goods or equipment but not self-propelled and not for human habitation.
The type of activity carried on within a building or on a
lot.
Retail sale or rental of merchandise or services and rental
of apartments or commercial lodging rooms.
Human habitation.
A required open space on any lot or plot measured horizontally
from the lot or plot line to the building setback line and with an
unlimited vertical measurement.
The required open space located in the front area of a lot
or plot.
The required open space located in the rear area of a lot
or plot.
The required open space located in the two side areas of
a lot or plot.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
[3]
Editor's Note: The definition of "oversized guest room," added
11-15-2013 by Ord. No. 500, which immediately followed this definition,
was repealed 12-19-2014 by Ord. No. 508.
[4]
Editor's Note: This ordinance provided that
any owner of record as of 10-15-2004 of an existing lot of record
as of that date shall be exempt from the provisions of this ordinance.
