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City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (5)
No structure shall be erected, altered or used and no lot or premises shall be used for any trade, industry or business that is noxious or offensive by reason of odor, gas, vibration or noise. No internal combustion engine or other noisy machine shall be permitted, unless objectionable noise and vibration shall be eliminated by effective mufflers or silencers.
A. 
It shall be unlawful for any person to construct, erect, install or place or cause or permit to be constructed, erected, installed or placed, any temporary structure or shelter upon any property within the City; provided, however, that a temporary structure or shelter may be installed or placed upon a property for any one of the following purposes:
(1) 
Temporary structures or shelters used in connection with and while construction on the premises is in progress.
(2) 
Temporary structures or shelters to be used in connection with a private social gathering or a private social event for a maximum period of 72 hours.
B. 
When a temporary structure or shelter is permitted pursuant to the provisions of this section, the owner or the tenant of the property shall file an application with the City Manager on forms supplied by the City Manager at least 24 hours prior to the placement of the temporary structure or shelter upon the property, stating the location of the property, the date the temporary structure or shelter will be placed upon the property, the type of structure, the purpose for which it is being placed upon the property and the date the temporary structure or shelter will be removed from the property. Upon the filing of the application, the City Manager shall endorse approval of the application, if it complies with this section, or disapproval, with the reason or reasons therefor.
C. 
Trailers, mobile homes or relocatable homes shall not be stored or placed upon any property in the City unless a special exception is granted by the Board of Adjustment as provided by § 270-76, and provided that such uses will not adversely affect the use of neighboring property nor injure the character of the neighborhood. In granting a special exception, the Board of Adjustment may include such conditions that it deems necessary to protect the health, safety and welfare of the City, including time limitations.
D. 
Modular or preconstructed single-family dwellings are permitted if they are permanently affixed to a permanent foundation and if they meet the requirements of the Building Code[1] for single-family dwellings.
[1]
Editor's Note: See Ch. 102, Building Construction.
No pump or hose connection for the purpose of dispensing gasoline or oil shall be located nearer than 12 feet to the lot or street line of any highway or public right-of-way.
In the case of a corner lot, a front yard, as provided for in each district, shall be required on each street on which the lot abuts.
No structure and no part of a structure shall be erected within or shall project into the required yard area, except:
A. 
Cornices, eaves, gutters, chimneys, steps or entries projecting from the main structure no more than 24 inches.
B. 
Fences and screens, subject to the provisions of § 270-43.
[Added 3-15-2013 by Ord. No. 0313-01]
In all zoning districts, the area of land located within a distance of 10 feet from the ordinary high water mark of Lake Gerar or Silver Lake is deemed to be a no-build buffer and shall remain a natural area as defined in § 270-4. To the extent this required no-build buffer forms a portion of a buildable lot, such area may be counted toward any requirement for natural area contained elsewhere in this chapter. This section shall supersede any provision of this Code which might otherwise permit a structure, a part of a structure, projection from a structure, fence or screen to occupy any portion of the required no-build buffer.
A fence or screen is permitted to project into or enclose yards subject to the conditions in Subsections A through C which follow:
A. 
A fence or screen not more than 3 1/2 feet in height above undisturbed ground level may project into or enclose any required front yard to a depth from the street line equal to the required depth of the front yard. Any fence or screen may project into or enclose other required yards, provided that such fences or screens do not exceed six feet in height above undisturbed ground level.
B. 
On any corner lot there shall be no building, structure, wall, fence, shrubbery or planting erected or altered if such obstructs street traffic visibility within the triangular area formed by the intersection of any two street lines and a line joining the respective points on each of these lines 20 feet distant from their point of intersection.
C. 
A parking lot which is a main or accessory use shall be enclosed, except for entrances or exits, by a landscape screen consisting of a semiopaque ornamental fence or by a compact evergreen hedge not less than three feet in height, except where safety requires a lesser height.
[Amended 7-17-2015 by Ord. No. 0715-01]
An accessory building shall be detached from the main building on the lot and shall be not less than 10 feet to the rear of the front line of the main building. An accessory building may encroach upon one side yard and the rear yard such that the accessory building shall be no closer than four feet to the side and rear lot lines.
A. 
Persons who were licensed to rent rooms in a structure located in an R-1 District prior to April 11, 1964, shall be permitted to continue to be licensed to rent rooms in the structure, so long as that person continues to rent rooms in that structure and is licensed to do so.
B. 
The exception provided herein shall be personal to the licensee and shall not be transferable by sale, devise, gift or otherwise, nor shall the rights run with the land.
A. 
A garage apartment which was an existing structure prior to March 12, 1976, is a nonconforming garage apartment.
B. 
A garage apartment converted to a dwelling under a valid building permit issued by the City prior to the date of this chapter shall be permitted as a nonconforming structure.
C. 
A garage apartment or accessory building converted to a dwelling after March 12, 1976, without a valid permit issued by the City, is illegal, and its use as a dwelling shall be abated, subject to Subsections D, E, F and G below.
D. 
Within 60 days of the enactment of this chapter, the City Manager shall issue a notice of the requirements contained in Subsections E, F and G herein, sent by certified mail to the last known address to which tax bills are mailed, to all property owners of record for the R-1 and R-1(S) Districts of Rehoboth Beach.
E. 
Within 210 days of enactment of this chapter, each property owner of record for the R-1 and R-1(S) Districts of Rehoboth Beach, having been duly notified of this requirement by the procedure described in Subsection D above, shall file in the office of the City Manager, on a form provided for the purpose, the description of any accessory building, as defined in § 270-4, which is used in whole or in part as a dwelling. Such description shall include for each such building:
(1) 
Type of construction.
(2) 
Number of stories.
(3) 
Floor area, gross.
(4) 
Floor area devoted to human habitation.
(5) 
Number of dwelling units therein.
(6) 
Number and type of plumbing fixtures.
F. 
When the Building Inspector has verified the information contained in this filing, the building shall then be deemed to have been duly registered with the City of Rehoboth Beach.
G. 
Thence, after termination of this period of registration, all accessory buildings so registered will remain and continue to be nonconforming, legal dwellings. All accessory buildings which have been erected or altered for the purpose of establishing or extending a dwelling, not existing on the date of this chapter or not registered in accordance with this section, will be presumed to have been illegally erected or altered and will be abated.
[1]
Editor's Note: Former § 270-46.1, Consolidation of lots, added 11-19-2007 by Ord. No. 1107-01 and amended 4-17-2015 by Ord. No. 0415-01, was repealed 9-15-2023 by Ord. No. 0923-02.
[Added 10-21-2016 by Ord. No. 1016-02]
A. 
No building used in whole or part as a dwelling shall be constructed unless it complies with the following street access requirement:
(1) 
The primary entrance to any one or two-family dwelling shall be located within 100 feet of a public street. One and two-family dwelling shall be as defined in the International Residential Code adopted by the City at Chapter 102, Article XVII.
(2) 
The primary entrance to all other buildings, not a one or two-family dwelling, shall be located within 50 feet of a public street. This distance may be increased to not more than 100 feet if the building is provided with an automatic sprinkler system.
(3) 
A lot in single and separate ownership on October 21, 2016 which has no public street frontage may have constructed thereon one single-family detached dwelling that does not conform to Subsection A(1) of this section.
B. 
The measurement shall be made from the nearest edge of pavement of a publicly owned and maintained street to the door at the primary entrance along an unobstructed path available to emergency personnel that is a minimum of five feet in width.
[Added 9-9-2019 by Ord. No. 0919-01]
A. 
General and specific requirements for Nontower wireless communications facilities.
(1) 
The following regulations shall apply to all Nontower WCFs that do not meet the definition of a small WCF:
(a) 
Permitted in all zones subject to regulations. Nontower WCFs are permitted by conditional use in all zones, excluding the City Boardwalk and beach, subject to the exceptions and requirements of this § 270-46.1.2 and generally applicable permitting by the City.
[Amended 11-15-2019 by Ord. No. 1119-01]
(b) 
Noncommercial usage exemption. City residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 270-46.1.2.
(c) 
Building permit required. WCF applicants proposing the co-location of a Nontower WCF that does not substantially change the physical dimensions of the wireless support structure to which it is attached shall obtain a building permit from the City Building Inspector. In order to be considered for such permit, the WCF applicant must submit a permit application to the City in accordance with applicable permit policies and procedures pursuant to § 270-84. The WCF applicant shall designate, in writing, that such applications constitute an eligible facilities request pursuant to 47 CFR § 1.40001.[1]
[1]
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.
(d) 
Nonconforming wireless support structures. Nontower WCFs shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming wireless support structures. Co-location of WCF upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(e) 
Cybersecurity. The wireless provider shall ensure that: 1) a cyber security risk management plan, that incorporates current best practices commensurate to assessed risk, is established, implemented, and periodically evaluated and updated, and 2) in the event of a security breach, such provider complies with applicable law.
(f) 
Standard of care. Any Nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the City.
(g) 
Wind and ice. All Nontower WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(h) 
Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(i) 
Public safety communications. Nontower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services by occupants of nearby properties.
(j) 
Radio frequency emissions. A Nontower WCF shall not, by itself or in conjunction with other WCFs existing on the same structure at the time of installation, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. Proof of compliance with such requirements shall be submitted to the Board of Commissioners as part of any application for a Nontower WCF. Proof of compliance shall include 3D modeling of radiofrequency emissions from each proposed antenna and shall include the cumulative emissions levels of all antennas at the site. The WCF applicant shall submit a signed document to the City recertifying compliance with all applicable standards and regulations of the FCC once every four years and within 10 days of any modification or replacement.
[Amended 3-19-2021 by Ord. No. 0321-03]
(k) 
Removal. In the event that use of a Nontower WCF is to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs, or portions of WCFs, shall be removed from the structure as follows:
[1] 
All abandoned or unused WCFs and accessory equipment shall be removed from the structure within 90 days of the cessation of operations at the site unless a time extension is approved by the City.
[2] 
If the WCF or accessory equipment is not removed from the structure within 90 days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF.
(l) 
Insurance. Each person that owns or operates a Nontower WCF shall annually provide the City with a certificate of insurance evidencing general liability coverage in the amount of $1,000,000 per occurrence and property damage coverage in the amount of $1,000,000 per occurrence covering the Nontower WCF. Each person that owns or operates a Nontower WCF shall have the option of self-insuring.
(m) 
All nontower WCF owners shall post a sign in a readily visible location identifying the name, phone number of a party to contact in the event of an emergency, and permit number. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(n) 
Indemnification. Each person that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times, against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the nontower WCF. Each person that owns or operates a nontower WCF shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a nontower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. Notwithstanding the foregoing, the obligation to indemnify, hold harmless and defend shall not apply to claims arising from gross negligence or willful misconduct by the City or its contractors.
(o) 
Maintenance. The following maintenance requirements shall apply:
[1] 
The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.
[3] 
All maintenance activities shall conform to industry maintenance standards.
(p) 
Timing of approval.
[1] 
Within 30 days of receipt of an application for a nontower WCF on a preexisting wireless support structure, the City Board of Commissioners shall notify the WCF applicant, in writing, of any additional information required to complete the conditional use application. Within 90 days of receipt of an application for a nontower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, the City Board of Commissioners shall make a final decision on whether to approve the conditional use application, and the City Manager shall notify the WCF applicant, in writing, of such decision.
[Amended 11-15-2019 by Ord. No. 1119-01]
[2] 
Within 60 days of receipt of an application for a nontower WCF on a preexisting wireless support structure that does not substantially change the wireless support structure to which it is attached, the City Building Inspector shall issue the required building permit authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.
[3] 
Such time frames shall be subject to the tolling procedures established by the FCC.
(2) 
In addition to the requirements in § 270-46.1.2A(1) above, the following regulations shall apply to all nontower WCFs that do not meet the definition of a small WCF and that substantially change the wireless support structure to which they are attached:
(a) 
Prohibited on certain structures. No nontower WCFs shall be located on single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any residential accessory structure.
(b) 
Conditional use authorization required. Any WCF applicant proposing the construction of a new nontower WCF or the modification of an existing nontower WCF shall first obtain conditional use authorization from the City Board of Commissioners. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Rehoboth Beach City Zoning Ordinance.
[Amended 11-15-2019 by Ord. No. 1119-01]
(c) 
Historic buildings. No nontower WCF may be located within 100 feet of any property, or on a building or structure, that is listed on the National Register of Historic Places unless approved by the City Board of Commissioners.
(d) 
Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a nontower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be in the amount of $250 and shall comply with the applicable requirements of the FCC.
(e) 
Development regulations, nontower WCFs shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCFs, subject to the following conditions:
[1] 
The total height of any wireless support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district. The WCF applicant shall retain the right to seek a variance in accordance with the requirements of the City Code should it be necessary to exceed the maximum height permitted in the underlying zoning district.
[2] 
In accordance with industry standards, all nontower WCF applicants must submit documentation to the City justifying the total height of the WCF.
[3] 
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[4] 
A security fence with a minimum height of six feet and a maximum height of eight feet shall surround any separate communications equipment building located outside the ROW. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(f) 
Design regulations. Where appropriate, nontower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the City Board of Commissioners.
(g) 
Removal, replacement and substantial change.
[1] 
The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennas.
[2] 
Any substantial change to a WCF shall require notice to be provided to the City Building Inspector, and possible supplemental permit approval as determined by the City Building Inspector.
(h) 
Inspection. The City reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3) 
Regulations applicable to all nontower WCF located in the public rights-of-way. In addition to the applicable nontower WCF provisions listed in § 270-46.1.2A(1), the following regulations shall apply to nontower WCF located in the public rights-of-way that do not meet the definition of a small WCF:
(a) 
Notice. Within five days of submission of an application for a nontower WCF located in the public rights-of-way, the WCF applicant shall post signage at the proposed site and shall send via first class mail notice stating that an application has been submitted to all owners of every property within 200 feet of the proposed WCF. The signage and notice shall include the application number and contact information for additional information. The WCF applicant shall provide proof of such notification to the City Manager along with the list of return receipts received. The City shall post notice of all applications on its website within five days of receipt of a complete application.
[Added 3-19-2021 by Ord. No. 0321-03[2]]
[2]
Editor's Note: Pursuant to this ordinance, former Subsection A(3)(a) through (e) were redesignated as Subsection A(3)(b) through (f), respectively.
(b) 
Design requirements:
[1] 
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of antennas that are no more than three feet in height and that are compatible in scale and proportion to the structures upon which they are mounted.
[2] 
Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c) 
Time, place and manner. At the discretion of the City Manager, the City shall determine the time and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. All construction, maintenance, repair and/or removal of nontower WCFs shall comply with the applicable requirements of the City Code, including but not limited to Chapter 105.
(d) 
Equipment location. Ground-mounted accessory equipment shall be located underground or, if undergrounding is demonstrated to be technically unfeasible or would materially inhibit deployment, shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the City Board of Commissioners. In addition:
[1] 
In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot.
[2] 
Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent practicable, through the use of landscaping or other decorative features to the reasonable satisfaction of the City Board of Commissioners. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls or enclosures to the reasonable satisfaction of the City Board of Commissioners. Screening shall not cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City Board of Commissioners.
[3] 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the reasonable satisfaction of the City Board of Commissioners. The WCF owner shall be solely responsible for this requirement.
[4] 
Any graffiti on any accessory equipment shall be removed within 30 days upon notification by the City at the sole expense of the owner.
[5] 
Any proposed underground vault related to nontower WCF shall be reviewed and approved by the City Board of Commissioners.
[6] 
Accessory equipment attached to the wireless support structure shall have a minimum of eight feet of vertical clearance above finished grade.
(e) 
Relocation or removal of facilities.
[1] 
Within 90 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[a] 
The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;
[b] 
The operations of the City or other governmental entity in the right-of-way;
[c] 
Vacation of a street or road or the release of a utility easement; or
[d] 
An emergency as determined by the City.
[2] 
In such cases, the City will make reasonable efforts to assist the WCF owner in identifying and permitting an alternate location for the WCF.
(f) 
Reimbursement. In addition to permit fees as described in this section, every Nontower WCF in the ROW is subject to the City's right to recover its actual costs incurred as a result of the WCF's presence in the ROW, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City related to the WCF. The owner of each nontower WCF shall reimburse the City for the City's costs reasonably incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the FCC.
B. 
General and specific requirements for tower-based wireless communications facilities and pole facilities.
(1) 
The following regulations shall apply to all tower-based wireless communications that do not meet the definition of a small WCF.
(a) 
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Delaware Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the City.
(b) 
Conditional use authorization required. Tower-based WCFs are permitted by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 270-46.1.2B(1)(b).
[Amended 11-15-2019 by Ord. No. 1119-01]
[1] 
The conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[2] 
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable state and federal laws and regulations concerning aviation safety.
[3] 
Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence of owner consent.
[4] 
Prior to the City Board of Commissioners' issuance of a zoning permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the State of Delaware shall issue to the City Board of Commissioners a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or, at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
[a] 
An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall address the viability of any existing wireless support structures within a one-quarter-mile radius of the site proposed and demonstrate that such alternative candidates are inferior with respect to technical feasibility, cost, or terms of use.
[5] 
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.
(c) 
Cybersecurity. The wireless provider shall ensure that: 1) a cybersecurity risk management plan that incorporates current best practices commensurate to assessed risk is established, implemented, and periodically evaluated and updated, and 2) in the event of a security breach, such provider complies with applicable law.
(d) 
Any tower-based WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).
(e) 
No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services by occupants of nearby properties.
(f) 
The following maintenance requirements shall apply:
[1] 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the City's residents and utilize industry standard technology for preventing failures and accidents.
(g) 
A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. Proof of compliance with such requirements shall be submitted to the Board of Commissioners as part of any application for a tower-based WCF. Proof of compliance shall include 3D modeling of radiofrequency emissions from each proposed antenna and shall include the cumulative emissions levels of all antennas at the site. The WCF applicant shall submit a signed document to the City recertifying compliance with all applicable standards and regulations of the FCC once every four years and within 10 days of any modification or replacement.
[Amended 3-19-2021 by Ord. No. 0321-03]
(h) 
No tower-based WCF may be located within 100 feet of a building or structure that is listed on the National Register of Historic Places unless approved by the City Board of Commissioners.
(i) 
All tower-based WCFs shall post a sign in a readily visible location identifying the name, phone number of a party to contact in the event of an emergency, and permit number. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(j) 
No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the City Secretary.
(k) 
Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the City Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(l) 
Timing of approval.
[1] 
Within 30 calendar days of the date that an application for a Tower- Based WCF is filed with the City Board of Commissioners, the City Board of Commissioners shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the City Board of Commissioners shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the City Board of Commissioners to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
(m) 
Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.
(n) 
In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
[1] 
All unused or abandoned tower-based WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the City.
[2] 
If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and accessory facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF.
[3] 
Any unused portions of tower-based WCFs, including antennas, shall be removed within 90 days of the time of cessation of operations. The City must approve all replacements of portions of a tower-based WCF previously removed.
(o) 
The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be in the amount of $250 and shall comply with all applicable requirements of the FCC.
(p) 
Each person that owns or operates a tower-based WCF shall provide the City Board of Commissioners with a certificate of insurance evidencing general liability coverage in the amount of $5,000,000 per occurrence and property damage coverage in the amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF shall have the option to self-insure.
(q) 
Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. Notwithstanding the foregoing, the obligation to indemnify, hold harmless and defend shall not apply to claims arising from gross negligence or willful misconduct by the City or its contractors.
(r) 
All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the State of Delaware.
(2) 
In addition to the applicable regulations in § 270-46.1.2B(1), the following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
(a) 
Development regulations.
[1] 
Tower-based WCFs shall not be located in, or within 25 feet of, an area in which all utilities are located underground, unless the WCF applicant proves to the reasonable satisfaction of the City Board of Commissioners that installing its WCF in such a location is necessary to provide wireless service and that no other practical alternative exists.
[2] 
Tower-based WCFs are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the requirements of this chapter:
[Amended 11-15-2019 by Ord. No. 1119-01]
[a] 
C-1 Central Commercial District.
[b] 
C-3 Secondary Commercial District.
[3] 
Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district or the applicant receives the necessary zoning to accommodate such use.
[4] 
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[a] 
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
[b] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting. The WCF applicant shall retain the right to seek a variance in accordance with the requirements of the City Code should the proposed lot not comply with the requirements for the applicable zoning district.
(b) 
Design regulations.
[1] 
Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 150 feet, as measured vertically from the ground level to the highest point on the WCF, including antennas, and subsequent alterations. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the tower-based WCF is the minimum height necessary for the service area.
[2] 
Visual appearance and land use compatibility. Tower-based WCFs shall employ stealth technology which may include the tower portion to be painted brown or another color approved by the Board of Commissioners or shall have a galvanized finish. All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board of Commissioners may consider the aesthetic impact of the proposed facility, including but not limited to whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[3] 
Any proposed tower-based WCF shall be designed structurally to accommodate both the WCF applicant's antennas and at least two comparable antennas for future users.
[4] 
Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(c) 
Notice required. Within five days of submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 200 feet of the proposed facility, advising of the subject matter and date of such hearing. The notice shall include the application number and contact information for additional information. The WCF applicant shall provide proof of such notification to the City Manager along with the list of return receipts received.
[Amended 3-19-2021 by Ord. No. 0321-03]
(d) 
Cybersecurity. The wireless provider shall ensure that: 1) a cybersecurity risk management plan that incorporates current best practices commensurate to assessed risk is established, implemented, and periodically evaluated and updated, and 2) in the event of a security breach, such provider complies with applicable law.
(e) 
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF, unless the applicant shows to the satisfaction of the City Board of Commissioners that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
(f) 
Surrounding environs.
[1] 
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[2] 
The WCF applicant shall submit a soil report to the City Board of Commissioners complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(g) 
Fence/screen.
[1] 
A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as guy wires, or any building housing WCF equipment.
[2] 
A screen of evergreen trees planted eight feet on center, each at least four feet in height, shall surround the tower-based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible and landscaping is not required where landscaping already exists.
(h) 
Accessory equipment.
[1] 
If necessary, accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
[2] 
Accessory equipment. Accessory equipment not exceeding 500 square feet in area shall be permitted for each unrelated company sharing space on the tower-based WCF outside of the public ROW.
(i) 
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the City Board of Commissioners with a written commitment that it will allow a minimum of two other service providers the opportunity to co-locate antennas on tower-based WCFs where technically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the City Building Inspector.
(j) 
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(k) 
Access road. Where necessary, an access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the City Board of Commissioners that the property owner has granted an easement or other property right for the proposed facility.
(l) 
Construction. All construction, maintenance, repair and/or removal of tower-based WCFs shall comply with the applicable requirements of the City Code, including but not limited to Chapter 105.
(m) 
Inspection. The City reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other applicable provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the lease property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
C. 
Regulations applicable to all small wireless communications facilities.
(1) 
The following regulations shall apply to small wireless communications facilities:
(a) 
Location and development standards.
[1] 
Small WCFs are permitted by administrative approval by the City Building and Licensing Department in all City zoning districts, subject to the requirements of this § 270-46.1.2C.
[2] 
Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit such that it would interfere with ingress or egress.
[3] 
All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act[3] and all applicable City Code requirements pertaining to streets and sidewalks, as codified in Chapter 232 of the City Code.
[3]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
[4] 
Any small WCF proposed for installation on the City boardwalk or beach shall be subject to such additional, reasonable conditions as determined by the City Manager in order to minimize the impact in such aesthetically sensitive areas. Applicants for such small WCF shall have a pre-application meeting with the City Manager prior to submitting an application for a small WCF in order to discuss any specific aesthetic concerns the City may have with respect to the proposed WCF.
(b) 
Nonconforming wireless support structures. Small WCFs shall be permitted to co-locate upon nonconforming. Tower-based WCFs and other nonconforming structures. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(c) 
Any WCF applicant for a small WCF requiring the installation of a new utility pole shall first obtain a license from the City pursuant to § 232-51 of the Rehoboth Beach City Code.
(d) 
Notice. Within five days of submission of an application for a small WCF, the WCF applicant shall post signage at the proposed site and shall send via first class mail notice stating that an application has been submitted to all owners of every property within 100 and 200 feet of the proposed WCF. The signage and notice shall include the application number and contact information for additional information. The WCF applicant shall provide proof of such notification to the City Manager along with the list of return receipts received. The City shall post notice of all applications on its website within five days of receipt of a complete application.
[Added 3-19-2021 by Ord. No. 0321-03[4]]
[4]
Editor's Note: This ordinance also provided for the redesigation of former Subsection C(1)(d) through (n) as Subsection C(1)(h) through (r), respectively.
(e) 
Drawings required. An application for a small WCF shall include drawings to scale clearly depicting all proposed antennas, accessory equipment, and wireless support structures, as well as all existing structures, residential dwellings and essential utilities that are located in the fall zone of the proposed small WCF.
[Added 3-19-2021 by Ord. No. 0321-03]
(f) 
Map required. An application for a small WCF shall include a map clearly showing all existing WCFs in the City that are owned by the WCF applicant and the proposed location and a map showing any sites that have been identified for future WCF installations at the time of the application. This map shall be held as confidential proprietary information by the City.
[Added 3-19-2021 by Ord. No. 0321-03]
(g) 
Alternative locations. Any application for a small WCF shall include a list of all other feasible locations within a 100-foot radius of the proposed site where the proposed small WCF may be located.
[Added 3-19-2021 by Ord. No. 0321-03]
(h) 
Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the City.
(i) 
Wind and ice. All small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(j) 
Public safety communications. Small WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(k) 
Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended. Proof of compliance with such requirements shall be submitted to the City Building Inspector as part of any application for a small WCF. Proof of compliance shall include 3D modeling of radiofrequency emissions from each proposed antenna and shall include the cumulative emissions levels of all antennas at the site. The WCF applicant shall submit a signed document to the City recertifying compliance with all applicable standards and regulations of the FCC once every four years and within 10 days of any modification or replacement.
[Amended 3-19-2021 by Ord. No. 0321-03]
(l) 
Time, place and manner. The City Building Inspector shall determine the time, places and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. All construction, maintenance, repair and/or removal of small WCFs shall comply with the applicable requirements of the City Code, including but not limited to Chapter 105.
(m) 
Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City.
(n) 
Any graffiti on the small WCF or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the City.
(o) 
Design regulations. All small WCFs shall be designed to meet the requirements of the City "Small Wireless Communications Facility Design Manual," a copy of which is kept on file at the City Building and Licensing Office and available on the City's website.
(p) 
Timing of approval.
[1] 
Within 60 days of receipt of a complete application for co-location of a small WCF on a preexisting wireless support structure, the City Building Inspector shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.
[2] 
Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the City Building Inspector shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.
(q) 
Relocation or removal of facilities.
[1] 
Within 90 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers and applicable public utility commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[a] 
The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;
[b] 
The operations of the City or other governmental entity in the right-of-way;
[c] 
Vacation of a street or road or the release of a utility easement; or
[d] 
An emergency as determined by the City.
[2] 
In such cases, the City will make reasonable efforts to assist the WCF owner in identifying and permitting an alternate location for the WCF.
(r) 
Reimbursement. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the City's right to recover its actual costs incurred as a result of the small WCF's presence in the ROW, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City. The owner of each small WCF shall reimburse the City for the City's costs reasonably incurred in connection with the activities described above. All fees shall comply with applicable state and federal law and not exceed amounts presumed reasonable by the FCC.