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City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 11-9-1990 by Ord. No. 1190-4; amended in its entirety 12-16-2022 by Ord. No. 1222-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
For the purposes of this chapter, is defined as a structure that is walled and built for permanent use, as for a dwelling or for commercial purposes.
DEMOLITION, COMMERCIAL
For the purposes of this chapter, is defined as the destruction or razing in a Central Commercial District (C-1), Commercial-Amusement District (C-2), Secondary Commercial District (C-3), Educational/Residential District (ER), Cemetery District (CM), and Open Space District (O-1) whether intentional or due to neglect, of an entire building or structure, exterior wall, portion of any exterior wall, roof deck, or portion of any roof deck, and/or which has a connection to the City water or sewer lines.
DEMOLITION, RESIDENTIAL
For the purposes of this chapter, is defined as the destruction or razing in a Special Single-Family Residence District (R-1(S)), Single-Family Residence District (R-1), or General Residence District (R-2), whether intentional or due to neglect, of an entire building or structure that is 750 square feet or more and/or which has a connection to the City water or sewer lines.
EXTERIOR WALL
A wall, bearing or nonbearing, that is used as an enclosing wall for a building, other than a fire wall, and that has a slope of 60° or greater with the horizontal plane.
NEGLECT
The failure to provide ordinary and necessary maintenance and repair, whether willfully or unintentionally, which results in severe deterioration, dilapidation and decay of any building or structure, potentially beyond the point of repair, and creates a dangerous or unsafe condition.
PORTION OF ANY EXTERIOR WALL
Any portion of an exterior wall spanning one complete story or more in height and spanning a proportionate horizontal distance.
PORTION OF ANY ROOF DECK
Any portion of a roof deck spanning the full length of the supporting members in length and spanning a proportionate horizontal distance.
ROOF DECK
The flat or sloped surface constructed on top of the exterior walls of a building or other supports for the purpose of enclosing the story below, or sheltering an area, to protect it from the elements, not including its supporting members or vertical supports.
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STRUCTURE
For the purpose of this chapter, is defined as anything constructed or erected.
During the period commencing May 15 through September 15 of each and every year, the commercial and residential demolition of any building or structure shall be prohibited by any person.
The permit for demolition of any building or structure allowable under § 105-2 shall prohibit such demolition to proceed until 30 days after the permit has been issued. Upon approval of an application for a demolition permit, the City shall:
A. 
Publish public notice of the application for demolition in a newspaper of general circulation in the City, including the date the permit was issued, the address of the property which is the subject of the demolition and the date on which the demolition shall be permitted to commence.
B. 
Provide written notice, containing the date the demolition permit was issued, the address of the property that is the subject of the demolition application and the date on which the demolition shall be permitted:
(1) 
To all property owners whose boundaries are within 200 feet of the boundaries of the property which is the subject of the demolition application.
(2) 
To other interested parties who have registered an interest with the Building and Licensing Department.
C. 
Post a sign on the property that is the subject of the application for demolition; said sign shall provide notice of the date on which the application for demolition was filed and the date on which the demolition shall be permitted to commence.
Commercial and residential demolition during the prohibited periods or during the thirty-day waiting period is permitted in emergency situations only if the Mayor and City Manager make a written finding that a bona fide emergency exists, stating reasons why the public health and safety require a more expeditious demolition.