No new building, structure, or land shall hereafter be used
and no building, structure, or part thereof shall be erected, reconstructed,
converted, enlarged, moved, or structurally altered unless in conformity
with the regulations as set forth in this chapter.
Every building hereafter erected, reconstructed, converted,
moved or structurally altered shall be located on a lot of record.
The minimum yards, height limits, parking space, open spaces,
including lot area, required by this chapter for each and every building
existing at the time of the passage of these regulations or for any
building hereafter erected shall not be encroached upon or considered
as required yard or open space for any other building except as hereinafter
provided, nor shall any lot area or lot dimensions be reduced below
the requirements of these regulations nor any nonconformance be increased.
No accessory building shall be constructed upon a lot for more
than six months prior to beginning construction of the main building.
No accessory building shall be used for more than six months unless
the main building on the lot is also being used or unless the main
building is under construction.
For the purpose of this chapter, permitted uses are listed for
the various districts. Unless the contrary is clear from the context
of the lists or other regulation of this chapter, uses not specifically
listed are prohibited.
Whenever reference is made in this chapter to any other chapter,
chart, table, schedule or regulation which itself is not copied herein,
a copy of such chapter, chart, table, schedule or regulation shall
be kept on file in the Town office, and made available for inspection
at the Town office, and shall be accessible through the Town's official
website.
[Amended 1-11-2014 by Ord. No. 708]
A. Governmental functions of the United States, State of Delaware, Sussex
County and any other federal, state or county agency are subject to
the provisions of the Municipal Code of the Town of Dewey Beach. Governmental
functions of the Town of Dewey Beach are exempt from the provisions
of the Municipal Code of the Town of Dewey Beach except where these
functions may be located within the flood-prone areas (including FEMA-designated
VE, AE and AO flood zones) as determined by the FEMA maps and designations.
Government functions of the United States, State of Delaware, and
Sussex County in which the Town of Dewey Beach participates financially
and/or contractually are exempt from the provisions of this Code,
including but not limited to the functions of water supply systems
and sanitary sewer systems.
B. The provisions of the chapter apply except where these functions are located within the flood-prone areas (including FEMA-designated VE, AE and AO flood zones). In addition to such functions as are deemed governmental, the following shall also be deemed to be governmental: water systems, sewer systems, functions of water and sewer districts created pursuant to 9 Del. C. Ch.
65 and Ch. 67, and solid waste disposal or transfer facilities.
Land area in a recorded lot that lies east of the DNREC building
line shall be included in the determination of total areas for density
purposes.
No change of use of a property shall be permitted unless the
new use conforms to the regulations of this Code.
Temporary structures are not permitted in any district unless
specifically authorized in this code.
Holding tanks for sewage or wastewater are prohibited in all
districts.
Every bedroom and sleeping area in a dwelling, including a single-family
detached dwelling or dwelling unit within a multifamily dwelling or
mixed-use multiunit building, and every guest room in a motel, hotel,
bed-and-breakfast, or other similar provider of temporary accommodations
shall be provided with an approved smoke detector that is hard-wired
into the building's electrical system and provided with battery back-up
as per applicable fire and building codes, and installed in accordance
with manufacturer's recommendations. When activated, the detector
shall emit an audible alarm. The smoke detectors shall be tested in
accordance with and meet the requirements of Underwriters Laboratories
#217, Single and Multiple Smoke Detectors.
B. Certain gambling prohibited. Except for lotteries as conducted by
the State of Delaware and nonprofit charitable gaming as permitted
by state law, gambling shall be prohibited within the Town limits.
C. Certain access to gambling prohibited. Any use of land to provide
access or entry to or otherwise facilitate gambling conducted upon
the waters of the Atlantic Ocean, the waters of the Rehoboth Bay,
or any land adjacent to the Town limits is prohibited in each of the
zoning districts identified in the Municipal Code of the Town of Dewey
Beach.
The conversion, dedication, or declaration of any hotel, motel
and/or condominium unit, as defined by the provisions of the Delaware
Unit Property Act, within the Town of Dewey Beach to fractional time unit
ownership or ownership commonly known as "timeshare interests" is
prohibited. Any hotel, motel and/or condominium, declaration of hotel,
motel and/or condominium and hotel, motel and/or condominium code
of regulations describing or providing for a fractional interest timeshare
form of ownership which was filed on record in the Office of the Recorder
of Deeds in and for Sussex County as of October 8, 2005, shall not
be subject to the prohibitions of this section.