A.
For the purpose of promoting public health, safety,
morals or the general welfare of the City of Rehoboth Beach, the following
regulations or restrictions, together with the Zoning Map, are adopted.
B.
The purpose of these regulations and restrictions
is to lessen congestion in the streets, to secure safety from fire,
panic and other dangers, to promote health and the general welfare,
to provide adequate light and air, to prevent overcrowding of land,
to avoid undue concentration of population and to facilitate the adequate
provision of transportation, water, sewerage, schools, parks and other
public requirements. The regulations are made with reasonable consideration,
among other things, as to the character of the district and its peculiar
suitability for particular uses and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the municipality.
[Amended 12-18-2009 by Ord. No. 1209-01]
A.
This chapter
shall be known as the "Rehoboth Beach Zoning Ordinance."
B.
The official
Zoning Map of the City of Rehoboth Beach shall be known as the "Rehoboth
Beach Zoning Map" and shall be signed by the Mayor and placed on file
in two locations: the office of the Building and Licensing Department;
and in a permanent file located in a secure location such as the City
vault. The Rehoboth Beach Zoning Map shall be as compiled and prepared
by David Henderson, dated June 18, 2010, and as such Zoning Map may
hereafter be revised or amended.
[Amended 7-16-2010 by Ord. No. 0710-03]
A.
The use of all land and any building or portion of
a building erected, altered with respect to size and area, added to
or relocated, and every use within a building or use accessory thereto,
shall be in conformity with the provisions of this chapter.
B.
This chapter shall not apply to lands owned by the
City of Rehoboth Beach.
[Amended 12-13-1991 by Ord. No. 1291-2; 1-10-1997 by Ord. No. 197-1; 1-10-1997 by Ord. No. 197-2]
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building
or a structure which does not share a wall in common with the main
building. No accessory building can exceed 12 feet in height.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 9-9-2019 by Ord.
No. 0919-01]
A use on the same lot with and customarily incidental to
any permitted uses. "Accessory use" shall not include any use that
by its nature could result in noise, smoke, dust, smell or unsightliness
objectionable in a residential district. In an R-1 and R-1(S) District,
excepting legal nonconforming uses existing on the date of this chapter,
use of a structure other than the main building on a lot, either in
whole or in part, as a dwelling or a dwelling unit is not a permitted
accessory use.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 9-9-2019 by Ord.
No. 0919-01]
A room or suite of rooms in a dwelling or other permitted
structure designed for use as a residence by a single family.
Facilities for human habitation occupying not more than 51%
of the floor area of the entire structure, which facilities are erected
over or adjoining or attached to or under the same roof as a private
garage, which garage is detached from any other building and is separated
from the main dwelling on the lot by at least six feet.
A building designed for and occupied exclusively as a residence
for three or more families living independently of one another and
which is no more than three stories or 35 feet in height.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
A building designed for and occupied exclusively as a residence
for more than three families living independently of each other and
which is no more than four stories or 42 feet in height.
The area under the rafters of a pitched roof to the top of
the ceiling joists of the story immediately below.
[Added 8-7-2006 by Ord. No. 0806-1]
The floor space, not classified as permanent seated dining
area, in any restaurant where alcoholic liquor is served or consumed.
It shall include, but not be limited to, the bar counter and the contiguous
floor and seating area where alcoholic liquor is dispensed or consumed,
any dance floor area and any area occupied by persons providing entertainment.
Patron restrooms are specifically excluded.
[Amended 10-21-2016 by Ord. No. 1016-01]
The floor or story of a building that is partially or completely
below ground.
[Amended 8-7-2006 by Ord. No. 0806-1]
Any given portion of lands in private ownership lying within
the corporate limits of the City but in no way intersected by the
adjacent lines of any given number of the public roads, avenues, streets,
lanes, alleys, ways, parks, beaches, strands, waterways, zoning districts
or corporate limits of the City.
An establishment which conforms to the requirements of a
restaurant and where beer is manufactured on the premises and which
may also make, bottle and sell an alcoholic liquor that is fermented
or distilled on the premises when permitted by state law. All fermenting
and distilling equipment and processes shall be included as if for
the brewing of beer for the purposes of this chapter.
[Added 10-21-2016 by Ord.
No. 1016-01]
A structure, usually roofed, walled and built for permanent
use, as for a dwelling or for commercial purposes.
The aggregate of the maximum horizontal cross-section areas
of the buildings on a lot.
A line extending between the two side lot lines of a lot
or a parcel of land which is parallel to and a stated distance from
a street line, and forming the required front yard.
An establishment where patrons are entertained by performers
who dance, sing, play instruments or perform other legal acts for
entertainment, but not to include a dinner theater, and where such
entertainment may be performed during or after service of dinner,
and where a minor, as defined at 4 Del. C. § 713, is to
be denied admission to or permission to remain on the premises after
9:00 p.m., official eastern time, unless accompanied by a parent or
by a legal guardian.
[Added 10-21-2016 by Ord.
No. 1016-01]
An establishment, not a restaurant, where food and liquor
is served or consumed.
[Added 10-21-2016 by Ord.
No. 1016-01]
Any proprietorship, partnership or corporation engaged in
the business of providing food and beverages at social gatherings,
such as weddings, dinners, benefits, banquets or other similar events,
for consideration on a regular basis and duly licensed by the state
as caterers, with at least 60% of its gross receipts resulting from
the sale of food.[1]
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added 9-9-2019 by Ord.
No. 0919-01]
The Commissioners of Rehoboth Beach set forth in the Charter
of the City of Rehoboth Beach.
An establishment other than a brewery-pub where spirits are
manufactured.
[Added 10-21-2016 by Ord.
No. 1016-01]
Any establishment other than a restaurant where dancing by
the patrons takes place.
[Added 10-21-2016 by Ord.
No. 1016-01]
A deck or porch whether covered, uncovered, raised or at
grade, used in connection with a restaurant and a part of, abutting,
adjacent or adjoining thereto.
[Added 10-21-2016 by Ord.
No. 1016-01]
An establishment presenting public performances featuring
live actor(s) in dramatic or musical productions after the service
of a meal.
[Added 10-21-2016 by Ord.
No. 1016-01]
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 9-9-2019 by Ord.
No. 0919-01]
A framed structure, either gable, shed or eyebrow style,
which projects from a roof and has its own roof and sides. No part
of a dormer shall extend above the ridge height of the roof from which
it projects.
[Added 8-7-2006 by Ord. No. 0806-1]
A building or structure which is wholly or partly used or
intended to be used for living or sleeping by human occupants.
A building for and used exclusively as a residence for only
one family and which is one of a group of three or more such buildings
separated by party walls.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building and no part of such building was formerly used for a cabin,
railroad car, trailer, mobile home, relocatable home or houseboat.
A building designed for and occupied exclusively as a residence
for only one family and having one party wall in common with an adjacent
building.
A two- or three-story building designed for and occupied
by two families living independently of each other, with one family
living above the other.
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking and eating. Nothing herein
shall permit cooking facilities in any individually rented hotel room,
motel room, inn room, tourist home room, rooming house room or boardinghouse
room.
[Added 7-16-2010 by Ord. No. 0710-02]
CENTER FOR HIGHER EDUCATIONAn educational facility offering postsecondary education and enrichment such as a community college, satellite college or university facility.
ELEMENTARY SCHOOLA public or private educational institution along with related facilities accommodating students from pre-kindergarten through the eighth grade.
SECONDARY SCHOOLA public or private educational institution along with related facilities accommodating students through grade 12.
Related facilities include sports fields, athletic fields, courts,
tracks and pools as long as they are accessory to the main use and
generally used by the students and teams, or competitors of students,
attending the schools within the school district.
A building and facilities used for supplying electricity
or gas, or both, or for other business purposes of the electricity-gas
utility.
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 9-9-2019 by Ord.
No. 0919-01]
A place of amusement which contains a roof and which is enclosed
on all sides by a sound barrier.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 9-9-2019 by Ord.
No. 0919-01]
A single person occupying a dwelling unit and maintaining
a household or two or more persons related by blood or marriage or
adoption occupying a dwelling unit, living together and maintaining
a common household, or not more than three unrelated persons occupying
a dwelling unit and maintaining a common household.
Federal Communications Commission.
[Added 9-9-2019 by Ord.
No. 0919-01]
Any artificially constructed barrier of any materials or
combination of materials, except for barbed wire and similar materials,
erected to enclose or screen areas of land, but not including a wall.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls
or from the center line of a wall separating two attached buildings,
including basements but not including any space where the floor-to-ceiling
height is less than six feet, six inches; subject to the following:
[Amended 7-19-2004 by Ord. No. 0704-01; 8-7-2006 by Ord. No. 0806-1; 3-19-2021 by Ord. No. 0321-01; 10-15-2021 by Ord. No. 1021-01]
It shall include the horizontal area of any
space beneath any building created by pilings, piers or any other
structural support which is greater than four feet in height; however,
if said building is located within any area designated as a special
flood hazard area as determined by the Federal Emergency Management
Agency (FEMA) and, as a result, the building is mandated by FEMA to
be elevated in excess of four feet in height by pilings, piers or
any other structural support, then said space shall not be included
in calculating the gross floor area, so long as the building's elevation
does not exceed by more than one foot the elevation so mandated.
Floors or stories or a portion thereof with
a ceiling height greater than 12 feet shall be included twice in the
computation of gross floor area. For rooms with cathedral ceilings
where the ceiling is the underside of a roof the height shall be determined
at the top wall plate, the point where the horizontal dimension begins
to decrease.
Gross floor area in a single-family and two-family dwelling
unit is deemed to include:
The actual floor space of all habitable areas above a finished
height, at or above six feet, six inches;
Portions of basements above a finished height at or above six
feet, six inches;
Covered porches, balconies, decks, patios, and unimproved areas;
Interior courtyards, atria, walkways and corridors that are
fully enclosed;
Storage and equipment spaces, at a finished height at or above
six feet, six inches, that are roofed and enclosed on all sides;
Covered parking, carport, garage, porte cochere at or above
grade;
Parking area located below finished grade or finished floor
of habitable space;
All interior stairwells and stairhalls, on all levels, above
grade;
Elevators, elevator equipment rooms, and elevator shafts;
Gross floor area in a single-family and two-family dwelling
unit is deemed to exclude:
Gross floor area in a commercial use is deemed to include:
The actual floor space of all habitable spaces above a finished
height, at or above seven feet, six inches;
Portions of basements above a finished height at or above six
feet, six inches;
Porches, balconies, decks, patios, pergolas, gazebos, canopies,
whether covered or uncovered;
Courts closed on three or more sides and covered;
Atria, or greenhouses, closed on all sides and covered;
Walkways and corridors that are covered;
Storage and equipment spaces, at a finished height at or above
six feet, six inches;
Heating, ventilating and cooling devices, compressors or pumps
in enclosed and roofed habitable areas;
Roofed outdoor showers;
Covered parking, carport, garage, port cochere at or above grade;
Parking area located below finished grade or finished floor of habitable space, except as provided for in Subsection F;
All interior and exterior stairwells and stairhalls, on all
levels, at or above grade;
Elevators, elevator equipment rooms, and elevator shafts, on
all levels at or above grade;
Swimming pools, swimming pool pumps, filters and equipment and
surrounding deck.
The quotient obtained by dividing the gross floor area of
all buildings on a lot by the gross lot area.
A floor or story of a building that is entirely devoted to
commercial use and has no living accommodations.
A floor or story of a building, any portion of which is devoted
to residential use, such as motel rooms or residential condominiums.
An establishment, not a restaurant, which serves various
refreshments, not including alcoholic beverages, for consideration.
That side of a building which faces the street without regard
for the principal place of entry. In the case where a building faces
intersecting streets (a corner), the side of the building facing the
street on which the shorter lot dimension abuts is the front. If the
lot dimensions abutting the streets are equal, either side of the
building facing a street may be considered the front.
A single-story building without living accommodations accessory
to a dwelling and used for the storage of not more than three motor
vehicles. In any district the maximum height of the eaves above the
abutting grade shall be not more than 12 feet and the highest point
on the roof shall not be more than six feet above the eave line. Ornamental
embellishments not used for storage shall not be included in determining
the height of the highest point on the roof.
A building, not a private garage, used solely for the storage
of all types of motor vehicles for consideration.
A partial story under a gable or hip roof, excluding mansard
and gambrel roofs, the wallplates of which on at least two directly
opposite sides are not more than three feet above the floor of such
story (see also definition of "story").
[Added 8-7-2006 by Ord. No. 0806-1]
The height of a building measured from a point where the
center line of the building to be erected intersects with the center
line of the street on which the building will front to the highest
point on the roof, its parapet walls or any feature which extends
above the roof.
[Amended 8-7-2006 by Ord. No. 0806-1]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 9-9-2019 by Ord.
No. 0919-01]
A building or structure operated for profit, accommodating
more than six persons, providing lodging, food and/or service to the
transient traveling public, and may include restaurants, club rooms,
public banquet halls, ballrooms or meeting rooms, but the individual
living units shall not contain kitchen or cooking facilities.
Accommodation off the street for loading and unloading motor
transport equipment and designed to provide adequate space for efficient
maneuvering into and out of loading position at properly constructed
docks located either within a building or in the yard on the same
lot. The minimum space on the premises where such facility is required
shall be 576 square feet of usable area for each such berth, which
shall be not less than 12 feet in width and 48 feet in length.
A uniquely identifiable parcel, tract or area of contiguous
land that is held in common ownership, fronts on one or more streets
unless specifically exempted from such requirement in this chapter,
is not divided by a street, shall not include any land within the
limits of a public or private street right-of-way and is any of the
following:
[Amended 4-17-2015 by Ord. No. 0415-01]
A parcel, tract or area of contiguous land whose boundaries
have been established by and are shown on a legally created subdivision
plat recorded in the Sussex County office of the Recorder of Deeds
and which plat has been recognized by the City. Such lots will usually
be identified by a block number or street and a lot number.
A parcel, tract or area of land which was originally a lot or lots and/or parts of lots as delineated in Subsection A above and resulted from making boundary line adjustments through the recording, in the Sussex County office of the Recorder of Deeds, of a valid deed or other instrument prior to the City's adoption of a Subdivision Ordinance on November 18, 1974. The parcel, tract or area of land shall have been conveyed as a single parcel.
A parcel, tract or area of land which does not constitute a
part of a legally created subdivision and which has been defined in
a deed by metes and bounds and which has been transferred as a single
unit prior to the City's adoption of a Subdivision Ordinance on November
18, 1974.
The area of a lot inside the property lines, except that
when either a lot is divided by a street or a portion of a lot is
in the Open Space (O-1) Zoning District, only the area on the buildable
side of the street and the area not in the Open Space (O-1) Zoning
District shall be included. The area shall be measured to the street
line only.
[Amended 4-17-2015 by Ord. No. 0415-01]
The gross lot area minus the area of all required setbacks.
That portion of the lot area that is covered by building
or structures.
The principal building on a lot, the building in which is
conducted the principal use of the lot on which it is located and
which, in a residential district, is the residential structure on
the lot with the largest gross floor area.
An establishment other than a brewery-pub where beer, mead
or cider is manufactured or sold in a quantity not more than the maximum
amount permitted by federal regulations to qualify for a reduced rate
of tax for certain brewers.
[Added 10-21-2016 by Ord.
No. 1016-01]
As applied to buildings, means the inclusion within a building
of both commercial and residential use.
A movable or portable dwelling constructed to be towed on
its own chassis, which can consist of one or more components that
can be retracted for towing purposes and subsequently expanded for
additional capacity or of two or more units separately towable but
designed to be joined into one integral unit.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 9-9-2019 by Ord.
No. 0919-01]
That portion of the gross lot area that is dedicated to either
trees, grass, flowers, bushes, other plantings and/or mulched areas.
For the purposes of calculating natural area, mulched areas shall
be limited to the use of vegetative ground covers and shall not include
the use of clam shells, decorative stone or other similar hard materials.
Install a new wireless support structure where none exists
and to attach wireless facilities on the new structure.
[Added 4-19-2022 by Ord. No. 0422-01]
An establishment open for business in the evening and early
morning hours which is not a restaurant but at which entertainment
is provided and food or alcoholic beverages are served or consumed.
[Added 10-21-2016 by Ord.
No. 1016-01]
Wireless communications facilities located or co-located
on existing structures, such as, but not limited to, buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flag poles and other similar structures that
do not require the installation of a new tower. This term includes
the replacement of an existing structure with a similar structure
that is required to support the weight of the proposed WCF. This definition
excludes any installation constituting a small wireless communications
facility.
[Added 9-9-2019 by Ord.
No. 0919-01]
Any porch attached to the outer wall or walls of a building
and which on its other side or sides is entirely open to light and
air, from the floor to the ceiling. The opening(s) may be interrupted
by any or all of the following:
A guardrail not exceeding 42 inches in height.
A railing or solid wall between the guardrail
and the floor.
Open mesh screening against insects extending
substantially from floor or guardrail to ceiling, together with necessary
framework required to support the same.
Necessary posts or pillars required to support
the porch roof.
[Added 3-15-2013 by Ord.
No. 0313-01]
Any area privately owned which is used for the storage of
motor or other vehicles, not in excess of 24 hours' continuous storage
and which is used for more than four vehicles.
The floor space in any restaurant or dinner theater where
complete meals are served. A permanently marked dance floor may be
located in the permanent seated dining area, but the square footage
of its floor space shall not be included in the calculation of the
square footage of the permanent seated dining area, but rather shall
be included in the calculation of the square footage of the bar area.
[Amended 10-21-2016 by Ord. No. 1016-01]
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited-liability companies, corporations
and other entities established pursuant to statutes of the State of
Delaware, provided that "person" does not include or apply to the
City, or to any department or agency of the City.
[Added 9-9-2019 by Ord.
No. 0919-01]
An area for rides, games, slides, merry-go-rounds or where
more than five coin-operated games or amusement devices, such as pinball
machines or similar electro-mechanical devices are located, in one
structure or location, but does not include theaters, miniature golf
courses or restaurants.
The publication in a newspaper of general circulation in
the City of Rehoboth Beach, at least 15 days prior to the hearing,
advising the public of the time and place of the hearing.
A movable or portable dwelling designed and constructed without
a carriage or hitch. It is designed and constructed to be separated
from its foundation and utilities and relocated.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment that does not result in increased wind or structural loading,
is substantially similar in size and weight as the wireless communications
facilities initially installed, and that does not substantially change
the physical dimensions of the existing wireless support structure.
[Added 9-9-2019 by Ord.
No. 0919-01]
An establishment where meals are, for compensation, prepared and served on the premises and when alcohol is sold or consumed complies with § 270-19.
[Amended 10-21-2016 by Ord. No. 1016-01]
A structure designed and constructed to resist the lateral
pressure of soil when there is a desired change in ground elevation
that exceeds the angle of repose of the soil.
[Added 12-16-2011 by Ord. No. 1211-01]
Any natural or cultivated vegetation and/or artificially
constructed barrier which serves to visually shield or obscure one
abutting or nearby structure or use from another, but not including
a wall.
An impervious surface parallel to a street between a curbline
and a property line, or from a driveway to an entry, or from a front
property line to an entry, or between an exterior entry from a primary
structure to an accessory structure, intended for use by pedestrians
to the exclusion of vehicles. Sidewalks between the curbline and the
adjacent property line parallel to a street or other way shall have
a minimum width of five feet and shall have a maximum width coinciding
with an adjoining sidewalk, except that where there is no adjoining
sidewalk, the maximum width shall be seven feet. All other sidewalks
shall have a maximum width of three feet, except that a sidewalk leading
to a main entry shall not be more than five feet wide; however, within
three feet of the main entry or steps leading to the main entry, it
may be as wide as the main entry or the steps leading to the main
entry. All other walkway areas, including, but not limited to, walkways
around pools and mazes through gardens, shall be considered structures.
[Added 1-20-2009 by Ord. No. 0109-01; amended 5-20-2011 by Ord. No. 0511-01]
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
A wireless communications facility that meets the following
criteria:
[Added 9-9-2019 by Ord.
No. 0919-01]
The structure on which antenna facilities are mounted is:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
The permission or approval granted by the Board of Adjustment,
in situations where provisions therefor are made by the terms of this
chapter.
Camouflaging or screening methods applied to wireless communications
facilities and accessory equipment which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in a manner appropriate to the site's context and
surrounding environment. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas building-mounted
antennas painted to match the existing structure and facilities constructed
to resemble trees, shrubs, and light poles.
[Added 9-9-2019 by Ord.
No. 0919-01]
That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above it. For the purposes of determining the number of stories specified in Article III of this chapter, the following shall apply:
[Added 8-7-2006 by Ord. No. 0806-1]
A public right-of-way which provides a means of public access
to the abutting property.
The line of a dedication in the case of a dedicated street,
avenue, lane or alley of the City, and a line 10 feet each side of
the center line in the case of a private road.
Anything constructed or erected, including any part thereof,
the use of which requires permanent location on the ground or attachment
to something having a permanent location on the ground, including,
but without limiting the generality of the foregoing, house trailers,
mobile homes, relocatable homes, signs, swimming pools, swimming pool
pumps, filters and equipment, porches, balconies, decks, canopies,
fences, backstops for tennis courts, pergolas, gazebos, heating, ventilating
and cooling devices, compressors or pumps and showers, and excluding
driveways and sidewalks.
[Amended 7-17-2015 by Ord. No. 0715-01]
A structure without any foundation or footings and which
is removed when the designated time period, activity or use for which
the temporary structure was erected has ceased.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
[Added 9-9-2019 by Ord.
No. 0919-01]
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 25% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.[2]
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
47 CFR 1.40001(b)(7)(i) through (iv).[3]
An establishment provided with special space and accommodations
and operated primarily for the sale by the glass and for consumption
on the premises of alcoholic liquors with the sale of food as a secondary
object as distinguished from a restaurant where the sale of food is
the primary object.
[Added 10-21-2016 by Ord.
No. 1016-01]
Any establishment with special space and accommodations for
the sale by the glass and for consumption on the premises of beers.
[Added 10-21-2016 by Ord.
No. 1016-01]
A building and its equipment erected and used for the purpose
of facilitating transmissions and exchange of telephone messages between
subscribers and other business of the telephone company. In a residential
district, a telephone central office shall not include public business
facilities, storage of materials or trucks, repair facilities or housing
of repairmen.
A dwelling or structure or part thereof used to provide sleeping
accommodations, with or without meals, for compensation, for no more
than six persons.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles. This definition excludes
any installation constituting a small wireless communications facility.
[Added 9-9-2019 by Ord.
No. 0919-01]
Any area privately or publicly owned in which space is rented
or leased to owners or possessors of trailers drawn by motor vehicles
of all types.
An area containing one or more parking spaces and travel
lanes, used as a lot or garage for the parking or movement of motor
vehicles where no parts of the parking structure, except accessways,
are above sidewalk level or above the undisturbed ground level of
adjacent properties.
[Added 3-19-2021 by Ord. No. 0321-02]
Ground at its natural elevation and ground the level of which
has not been disturbed by excavation or fill.
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 9-9-2019 by Ord.
No. 0919-01]
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added 9-9-2019 by Ord.
No. 0919-01]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way or other City-owned land or property.
[Added 9-9-2019 by Ord.
No. 0919-01]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 9-9-2019 by Ord.
No. 0919-01]
An unoccupied space open to the sky on the same lot with
a building or structure.
The required unoccupied space extending along the street
line of any street on which the lot abuts. (See definition of "front.")
The required unoccupied space extending along the rear lot
line, not a street line, through the whole width of the lot.
The required unoccupied space between the side lot line and
a straight parallel line within the yard extending from the front
yard to the rear yard and the width of which space is the minimum
distance between the side of the main building or any permitted projection
thereof and the side lot line.
[1]
Editor’s Note: The definition of “cellar,”
which followed this definition, was repealed 8-7-2006 by Ord. No.
0806-1.
[2]
Editor's Note: See 47 U.S.C.A. § 1401 et seq.
[3]
Editor's Note: 47 CFR 1.40001 was redesignated as 47 CFR 1.6100
by 83 FR 51886, effective 10-15-2018. See now 47 CFR 1.16100(b)(7)(i)
through (iv).
A.
In interpreting and applying the provisions of this
chapter, the provisions herein shall be construed to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare of the City.
B.
Whenever the provisions of this chapter require a
greater width or size of yards or courts or require a lower height
of structures or less number of stories or require a greater percentage
of a lot to be left unoccupied or impose other higher standards than
are required in any other statute or local ordinance or regulation,
the provisions of this chapter shall govern.
C.
Whenever the provisions of any other statute or local
ordinance or regulation require a greater width or size of yards or
courts or require a lower height of structure or a less number of
stories or require a greater percentage of a lot to be left unoccupied
or impose other higher standards than are required by the regulations
of this chapter, the provisions of such statute or ordinance shall
govern.
[Amended 7-16-2010 by Ord. No. 0710-02]
The City shall be divided into districts more
particularly described and shown upon the Rehoboth Beach Zoning Map.
The districts shall be designated as follows:
|
R-1(S)
|
Special Single-Family Residence District
|
|
R-1
|
Single-Family Residence District
|
|
R-2
|
General Residence District
|
|
C-1
|
Central Commercial District
|
|
C-2
|
Commercial-Amusement District
|
|
C-3
|
Secondary Commercial District
|
|
ER
|
Educational/Residential District
|
|
CM
|
Cemetery District
|
|
O-1
|
Open Space District
|
The boundaries of the zoning districts shall
be as shown upon the map designated as the "Rehoboth Beach Zoning
Map."[1] The map and all the notations, references and other data
shown thereon are hereby incorporated by reference and shall have
the same force and effect as if fully set out herein.
[1]
Editor's Note: The Zoning Map, and any subsequent
amendments thereto, are on file in the office of the City Clerk and
may be examined there during regular office hours.
Where uncertainty exists with respect to the
boundaries of the various districts as shown on the Zoning Map, the
following rules shall govern:
A.
The district boundaries shall be the center line of
streets, avenues and lanes, unless otherwise shown; and where the
designation of the Zoning Map indicates a boundary approximately upon
a street line, the center line of such street shall be construed as
the boundary.
B.
Where the district boundary indicates a boundary approximately
upon a lot line, the lot line shall be construed as the boundary.
C.
In case of doubt or disagreement concerning the exact
location of boundary lines the determination shall lie with the Board
of Adjustment.
A.
Any land located in the City of Rehoboth Beach not
shown as lying within any district on the Zoning Map shall be deemed
to be located in the O-1 Open Space District.
B.
If any lot or land is annexed to the City of Rehoboth
Beach, it shall be deemed to be located in the R-1 Single-Family Residence
District until otherwise shown on the Zoning Map.
