[Amended 4-15-1983 by Ord. No. 114; 3-16-2007 by Ord. No.
423]
Within residential districts, no more than one
principal building with its customary nonhabitable accessory buildings
may occupy or be constructed upon any lot of record, except in the
case of a Planned Residential Development, as defined within this
chapter.
[Amended 8-17-1990 by Ord. No. 251]
No lot of record, whether created by the subdivision
of an existing lot or by the subdivision of acreage, shall have an
area less than that required for a single standard dwelling unit structure
in the district in which it exists.
No property, lot, plot or street line shall
be made, changed or altered unless approved, in writing, by the Bethany
Beach Planning and Zoning Commission[1] in accordance with the provisions of this chapter.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
[Amended 4-18-1986 by Ord. No. 169; 3-16-2007 by Ord. No.
423]
All accessory buildings shall be located within
the rear yard space on a lot or plot on which a principal building
or structure is erected or is being erected and shall be limited to
three in number, including any detached garage. Accessory buildings
shall comply with all safety and structural requirements set by the
Bethany Beach Building Inspector. No accessory building or projection
thereof shall be less than five feet from a property line.
[Amended 9-21-1984 by Ord. No. 140; 12-9-1988 by Ord. No.
215]
A.
No building shall be constructed on any lot which
does not have the required minimum frontage on a public street.
C.
All alleys and private ways shall be connected directly
to one or more public streets.
D.
Any recorded lot existing of public record in the Recorder of Deeds' office in and for Sussex County, Delaware, as of December 18, 1988, whose sole means of access is by a public alley or by a private easement also of public record as of December 18, 1988, shall be exempt from the provisions of Subsections A, B and C of this section.
[Amended 8-19-2011 by Ord. No. 467]
In any district, no structure, tree, planting
or vehicle shall protrude from any property, create confusion around,
obstruct vision or otherwise interfere with traffic control devices.
[Amended 8-15-1997 by Ord. No. 316; 8-19-2011 by Ord. No.
467]
A.
No fence, building, structure, planting, vehicles
or other obstruction above a height of three feet shall be permitted
within 10 feet of the intersection of the right-of-way lines of two
streets.
B.
No fence, building, structure, planting, vehicles
or other obstruction above a height of three feet shall be permitted
within seven feet of any alley and street right-of-way located in
the C-1 Zone.
[Amended 3-16-2007 by Ord. No. 423]
On lots or plots fronting on two or more streets,
the front, rear and side yards shall be designed and shown on the
required plot or plat at time of application for a building permit.
Front and rear yards shall comply with this chapter; side yards fronting
on a street shall be no less than 15 feet, measured from the street
right-of-way line to the building setback line.
Public utilities buildings and structures are
permitted in any district by and subject to the terms of a special
exception granted by the Board of Adjustment.
[Amended 7-21-1989 by Ord. No. 225; 11-17-1989 by Ord. No.
235; 9-17-1993 by Ord. No. 282; 6-15-2012 by Ord. No. 479]
A.
Purpose. The purpose of these regulations is to establish criteria
for the location, appearance and maintenance of perimeter fences.
The Town of Bethany Beach recognizes the health, safety, aesthetic
and economic value of fences. The provisions of these regulations
are intended to:
(1)
Allow for on-site areas for privacy, while maintaining the Town's
general open design along streets, alleys and private ways;
(2)
Provide screening and mitigation of potential conflicts between active
(commercial and recreational) areas and more passive (residential)
areas;
(3)
Maintain the overall aesthetic conditions within the Town;
(4)
Limit sight line obstructions;
(5)
Prevent conflicts involving the Town's right-of-way and stormwater
management issues;
(6)
Insure proper fence construction and maintenance.
B.
APPROPRIATE FENCE MATERIALS
ARBOR
FENCE
(1)
(2)
HEIGHT
LATTICE
LEGAL NONCONFORMING FENCE
OPACITY
RETAINING WALL
SCREENING
TRELLIS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Fences must be constructed of wood, metal, bricks and/or
masonry, plastic or other materials designed for permanent outdoors
fencing. Wood fences must be constructed of cedar, redwood, or other
decay-resistant wood. Fences must not be constructed from razor wire,
chain linked, snow fencing, plywood, or materials used for other purposes.
Any aboveground fences that conducts an electric current or any guard
wall, or other forms of protection upon which any spike, nail, or
pointed instrument of any kind is fixed, attached or placed shall
not be permitted. Electrically wired in-ground "invisible" pet containment
systems are not considered fences and therefore are not subject to
these fence regulations.
An arbor is defined as a structure that is attached to a
fence or is freestanding and serves to define a gate or entranceway
located in the front, rear or side yard. Arbors may be a maximum of
eight feet in height and eight feet in width.
A barrier, including one for noise attenuation, or any structure,
except a structural part of a building, that wholly or partially screens
from view, encloses or divides a yard or other land, or marks or substantially
marks the boundary between adjoining land. A fence is further defined
as any permanent partition or barrier more than 24 inches in height
from the natural grade (or the top of a retaining wall if a fence
is placed on such a wall) bordering or parallel to and within five
feet of a lot line that in whole or in part defines the boundaries
of the lot.
A retaining wall, trellis, arbor or landscaping material such as a hedge shall not be considered to be a fence. Fences located within the interior of a lot which does not serve to define a lot boundary, such as, but not limited to, fences that enclose dog runs, play areas, pools and spas (see § 500-7, Barrier requirements.) tennis courts, etc. are not subject to these fence regulations except for any portion of such fence that borders or is parallel to and within five feet of a lot line.
The vertical distance measured from the natural grade of
the ground at the location where the fence is erected (or from the
top of a retaining wall if a fence is placed on the retaining wall)
to the top of the fence section or panel. Fence supports such as posts,
columns, piers or pilasters, as well as gates and arbors may exceed
the height restriction contained in this Fence Ordinance by not more
than 12 inches. In cases where the top of the fence section or panel
is curved, the height shall be calculated using the average of the
highest and lowest points on the top of the fence section or panel.
"Lattice" or "latticework" is a framework of cross wood or
metal strips or a predominantly open framework of wood or metal designed
for decorative purposes or landscaping purposes.
Any fence that does not conform to the requirements of this
section shall be considered legal nonconforming. Fences erected prior
to January 1, 2012, that do not conform to the requirements of this
section shall be considered to be legal nonconforming fences.
The degree to which light or views are blocked and is measured
perpendicular to the fence for each fence section between the fence
supports.
A wall or terraced combination of walls used to provide a
barrier or to restrain lateral forces of soil or other material and
not used to support, provide a foundation for, or to provide a wall
for a building or structure.
A method of visually modifying the view of a structure, a
building, or a feature using methods such as fencing, walls, berms,
densely planted vegetation or a combination of these methods.
A horizontal structure of open latticework designed and intended
to support the growth of vines or other vegetation or a horizontal
decorative element composed of latticework which admits light and
air through a predominantly open design. A trellis up to two additional
feet in height to a maximum of six feet may be added as a decorative
element to a fence so long as the combined length of' the trellis(s)
constructed facing a property line do not exceed 25% of the total
length of that property line.
C.
Requirement of a fence permit.
(1)
Any person erecting a perimeter fence two feet in height or more shall first obtain a fence permit from the Building Inspector of the Town of Bethany Beach. The Town of Bethany Beach is exempt from all provisions in § 425-16.
(2)
The following items are required at the time of applying for a fence
permit:
(a)
Contact information, including the applicants name, phone number
and address.
(b)
A detailed plot plan that indicates property lines with the
plot plan noting the location of the proposed fence as well the location
of the primary structure on the plot plan as it relates to the property
line.
(c)
The application for a fence permit must also note the height
of the fence and gates, a representation of the style/design of the
fence and all materials used to construct the fence, gates and posts.
(d)
The fence contractor must have a valid Bethany Beach business
license.
D.
Regulation of perimeter fences in residential zoning districts.
(1)
Fences bordering a front lot line. Fences located in the required
front yard shall not exceed three feet in height. The maximum fence
height may be increased by one foot if constructed of open, decorative,
ornamental fencing materials that are less than sixty-percent opaque.
(2)
Fences bordering side lot line. No fence or portion of a fence bordering
or parallel to a side lot line shall exceed four feet six inches in
height, and any portion of a fence bordering a side lot line which
is within two feet of a front lot line shall be graded to match the
height of any fence bordering the front lot line.
[Amended 10-16-2016 by Ord. No. 519]
(3)
Fences bordering the rear lot line. No fence or portion of a fence
bordering or parallel to a rear lot line shall exceed four feet six
inches in height.
[Amended 10-16-2016 by Ord. No. 519]
(4)
Fences bordering side or rear lot lines where the entire length of
the side or rear lot lines immediately abuts nonresidential or Municipal,
Open Space, Recreational and Educational (MORE) Zoning Districts may
be increased to a maximum of six feet.
E.
Regulation of perimeter fences in nonresidential zoning districts.
The height of perimeter fences located in nonresidential zoning districts
including fences erected by the Town of Bethany Beach in the MORE
Zoning District shall not exceed six feet in height except as necessary
for athletic facilities.
F.
Regulation applicable to all perimeter fences.
(1)
All fences including fence footings are permitted up to but not over
the owner's property line.
(2)
Fences should follow the natural contours of the ground.
(3)
Fences may not be placed on or extend into Town easements/rights-of
way where public improvements are located without first obtaining
an encroachment agreement from the Town.
(4)
Fences constructed within Bethany Beach and/or public utility easements
may be removed to allow access for installation or maintenance of
utilities and/or drainage. The property owner shall be responsible
for the reconstruction and replacement on any fences removed.
(5)
Fences placed on corner lots must maintain a clear view triangle
for visibility at the intersection of two streets or at the intersection
of an alley and a street.
(6)
Fences adjacent to public sidewalks must be set back a minimum of
two feet from the nearest edge of the sidewalk.
(7)
Fences and walls shall not restrict natural surface drainage nor
be constructed to divert or channel water flow with increased velocity.
G.
Retaining walls. Retaining walls exceeding four feet in height, whether
terraced or not, shall be designed and constructed to support lateral
loads and shall be accompanied by design calculations and plans sealed
by a professional engineer registered in the State of Delaware.
H.
Maintenance.
(1)
Every person or business that owns a fence shall maintain the fence
in a "good state of repair." Routine maintenance such as painting
or replacement with in-kind material of less than 50% along any property
line does not require a fence permit. Replacement of 50% or more of
the length of a fence along any property line shall be considered
a new fence and must obtain a fence permit.
(2)
For purposes of this section, "good state of repair" shall mean:
(a)
The fence is complete, structurally sound, plumb and securely
anchored;
(b)
Protected by weather-resistant materials;
(c)
Fence components are not broken, rusted, rotten or in a hazardous
condition;
(d)
All stained and painted fences are maintained in a visually
appealing manner;
(e)
The fence does not present an unsightly appearance deleterious
to the abutting land or neighborhood;
(f)
Graffiti shall be removed immediately upon notification.
[Amended 9-15-1989 by Ord. No. 229]
B.
Temporary structures or trailers used only in connection
with and during construction and located on the property on which
construction is being done shall be permitted. These structures or
trailers are to be used during hours of construction only and are
not to be used for habitation or in the sale or rental of the dwelling
units under construction or after the certificate of occupancy has
been issued. These structures or trailers shall be removed from the
property prior to the issuance of the final certificate of occupancy.
C.
Trailers six feet or less in width and 25 feet or
less in length, designed and used for the purpose of holding or transporting
pleasure boats, are permitted.
Construction vehicles may be parked or stored
subject to the following conditions:
Materials, methods of construction, hours and
time for construction for the Town of Bethany Beach or conducted on
public property shall be under the direct control and supervision
of the Town Manager.
Mobile homes shall not be used for habitation
within the Town of Bethany Beach.
[Amended 8-17-1990 by Ord. No. 251]
The principal use within a building or structure
shall be the use classification of that building or structure. For
the purpose of this chapter, standard dwelling units shall be classed
as a residential use. The sale or rental of merchandise and services
and the rental of apartments or lodging rooms shall be classed as
a commercial use. Rental of standard dwelling units shall not be considered
a commercial use and shall be permitted in all zones.
[Amended 8-17-1990 by Ord. No. 251; 3-16-2007 by Ord. No.
423]
All buildings or structures erected or altered
and used for human habitation shall conform to the following minimum
livable floor area:
A.
A standard dwelling unit shall have no less than 800
square feet of living floor area, excluding basement, attached garage
and open deck.
B.
An apartment shall have no less than 350 square feet
nor more than 799 square feet.
C.
A commercial lodging room shall have no less than
200 square feet of livable floor area.
[Amended 5-17-2013 by Ord. No. 489]
D.
A commercial lodging room within the CL-1 Zoning District shall have
no less than 200 square feet of livable floor area.
[Added 8-16-2013 by Ord. No. 498]
[Amended 9-15-1989 by Ord. No. 227]
Display of merchandise outside a building is
prohibited except in the C-1 Zoning District and C-2 Zoning District.
Yard sales and produce stands are exceptions to this section and are
permitted only by written permission from the Town Manager under restrictions
that may be applied for traffic and nuisance control.
Any building or structure which is destroyed
or damaged by fire, explosion, natural catastrophe or act of God to
an extent that, in the judgment of the Building Inspector, the building
or structure is nonhabitable or a hazard to public health or life
or safety shall be removed from the premises or restoration begun
within 180 days of the date of destruction or damage.
A.
Setback lines for structures or facilities, including
but not limited to buildings and bulkheads, situated on the beach
area between Atlantic Avenue and the ocean within the corporate boundaries
of the Town shall be as set forth in Table I attached hereto.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
B.
No person shall commence or conduct construction,
reconstruction or alteration of any structure or facility landward
of the setback line without first having obtained a building permit.
C.
No person shall commence or conduct construction,
reconstruction or alteration of any structure or facility seaward
of the setback line without first having obtained required permits
from all appropriate agencies.
[Amended 3-16-2007 by Ord. No. 423]
D.
Notwithstanding the foregoing requirements, ordinary
dune maintenance, as determined by the Building Inspector, including
but not limited to the proper installation of sand fences and the
planting and fertilization of stabilizing vegetation, shall not require
a building permit.
[Amended 3-16-2007 by Ord. No. 423]
E.
If the Town and/or DNREC finds that the potential
for damage to the aforesaid beach area is increased as a result of
the proposed structure or facility, the Town and/or DNREC may require
the applicant to comply with certain conditions and requirements to
reduce such damage, including but not limited to beach nourishment,
dune construction and dune maintenance. When the Town and/or DNREC
imposes such conditions and requirements, the applicant and his or
her heirs and assigns shall be required to comply with such conditions
and requirements for the life of the structure or facility. In the
event that such conditions and requirements are not complied with
within a reasonable time after notice thereof to said property owner,
the Town shall have the further and additional right and power to
expend whatever sums of money are required to achieve compliance therewith,
and the Town shall thereafter have a lien against said property so
affected for all such sums of money expended by the Town in connection
therewith.[2]
[Amended 3-16-2007 by Ord. No. 423]
[Added 10-21-2016 by Ord.
No. 526]
A.
Findings; purpose; intent.
(1)
The Town Council of Bethany Beach has determined that it is necessary to regulate the bulk density of residential buildings in the R-1 and R-1B Zoning Districts in order to fulfill the intent of Chapter 425, Zoning, of the Town Code, as set forth in Article I, § 425-1. That section provides that Chapter 425, enacted in accordance with the Town's Comprehensive Plan, is designed to, among other things:
(a)
Preserve, as far as reasonably can be done, the present unique
character of Bethany Beach as a family beach resort.
(b)
Promote health and the general welfare.
(c)
Provide adequate light and air.
(d)
Prevent the development of undesirable noise and other nuisances,
as well as the overcrowding of land.
(e)
Avoid undue concentration of population.
(2)
The Town Council has identified a trend toward construction of large, box-shaped residential buildings, which raised a number of serious concerns. For example, some buildings may be considered inconsistent with the historic character of Bethany Beach as a family beach resort; incompatible with the residential homes in the surrounding neighborhood; and may block light and air flow to adjacent homes. In addition, a number of such large buildings concentrated on a street can create an unattractive high-wall "canyon effect" that is inconsistent with some purposes of § 425-1 of this chapter and incompatible with other homes in the surrounding neighborhood.
(3)
In order to fulfill the intent of Chapter 425 and address the trend and concerns described, new residential buildings and major renovations should incorporate structural elements that are consistent with the best architectural elements that characterize the particular neighborhood involved. Elements to consider in the review of architectural plans include mass, bulk, scale, building height, rooflines, wall planes and lot coverage. Definitions of terms are provided below in § 425-26B. In addition, building height should be in proportion to the size and style of the house and to the size of the building lot, as well as compatible with the surrounding homes.
(4)
In order to encourage the incorporation of desirable architectural features in plans for new construction and major renovations and balance the interests of property owners, a system of tradeoffs, or construction options, should be created. The tradeoff system described and illustrated in § 425-26C and the related charts below are designed to provide a range of construction options for planning purposes, depending upon the lot coverage of a building.
(5)
The Town Council has further determined that this section shall apply
only in the R-1 and R-1B Residential Zoning Districts, where the greatest
impact of massing, bulk and scale of new residential projects was
found. This is due to factors such as greater density, narrower lots,
and lower grades requiring houses to be elevated to meet flood regulations.
Residential bulk density is not an issue in the R-2 Residential Zoning
District, because the minimum lot size in that district is significantly
greater than the size of lots in the R-1 and R-1B Districts, the great
majority of which are located east of Coastal Highway (Delaware Route
1).
(6)
Finally, the Town Council has determined that this section will take
effect one year from the date of adoption by the Town Council.
B.
BULK
BULK DENSITY
DORMER
EXTERIOR WALL PLANE
FORM
GAMBREL ROOF
HALF STORY
HUMAN SCALE
MANSARD ROOF
MASS
MASSING
RESIDENTIAL ADDITION
ROOF SUN DECK (WIDOW'S WALK)
ROOF, MAIN
SCALE
SIZE
STORY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Bulk is a subjective term for the part or parts of a building's
mass, which constitute(s) the largest general shape or shapes of a
building.
A numerical ratio of standard dwelling units per ground area
especially how it relates to the size and scale of the existing dwelling
units that comprise an established neighborhood.
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.
A flat two-dimensional exterior surface of a structure with
the requirement of having a minimum of two separate wall planes that
are separated by some distance. (See examples on the trade-off charts).[2]
The exterior shape of a building's mass.
 |
A gable roof with two slopes on each side and the lower slope
being steeper.
 |
A half story is that space that is between the floor below
and the pitched roof above. There is no floor or attic above it. A
half story commonly makes use of knee walls with a minimum of five
feet for the sloped surfaces under the roof to enclose the space.
The aspect of architecture in which its elements are in proportion
to the average human.
A roof having two slopes on all sides with the lower slope
steeper than the upper. Mansard roofs and roofs greater than a 12/12
pitch (45°), are considered as a vertical wall enclosing a living
space.
 |
The three-dimensional bulk of a residential building: its
height, width and depth.
The composition and shape of a residential building's mass.
 |
New construction that increases the size and/or footprint
of the house.
Decks located above 25 feet from grade or base flood are
limited to a size not to exceed but be an addition to 10% of the total
roof area.
The main roof is the principal roof structure covering the
majority of the residential building. The main roof can be made up
of several components such as intersecting gables.
A residential building and its details, including: garage
doors, pedestrian entries, windows, plate heights and balconies as
they relate to human-scale proportions. Scale also involves a residential
building's mass and bulk and the residential building's details proportionately
compared with other residential structures in a neighborhood.
The length and height of a residential structure or its elements
with a reference to a definite unit of measure.
A story is a space in a residential building between two
adjacent floor levels or between a floor and the roof. For elevated
residential structures, the space that is used primarily for parking
cars and storage is not considered to be the first floor of the structure.
If the top floor of a residential building is roofed by a dormer(s)
that covers 50% or more of floor area it is considered to be a full
story. Floor area under a gambrel or mansard roof is also considered
to be a full story.
[2]
Editor's Note: Said charts are included as attachments to this chapter.
C.
Tradeoffs.
(1)
In Residential Zoning Districts R-1 and R-1B, currently the Town's
Zoning Code permits the construction of large homes with minimal restriction
on building lots that on average measure only 5,000 square feet in
total area.[3] Incorporating the concept of tradeoffs as part of the
Town's Zoning Code for the first time offers a positive approach to
the design of future homes as a means of obtaining desirable architectural
features that works to all stakeholders' advantage. An example of
architectural features that would be considered desirable include
such items as dormers, open porches and decks, reduction in lot coverage,
steeper roof pitches, less flat planes as well as greater variation
in planes.
(2)
The tradeoffs are summarized in the following chart.[4]
[4]
Editor's Note: Said chart is included as an attachment to this chapter.
(3)
The following diagrams[5] illustrate the positive impact that the tradeoffs have
on both interior lots as well as corner lots starting with the current
maximum building lot coverage of 40% as compared to maximum building
lot coverages of 38%, 36% and 32%, respectively.
[5]
Editor's Note: Said diagrams are included as attachments to this chapter.
(4)
Attached are photos of new construction in Bethany Beach that clearly
demonstrate the benefits of architectural diversity that can be achieved
and enhanced by the addition of tradeoffs to the Town's Zoning Code.
 |
 |
 |
 |
[Added 2-10-2006 by Ord. No. 405]
A.
Front wall planes. The wall of any residential building
(single-family, duplex, or multifamily dwelling unit, and in any zoning
district) facing any street shall have a minimum of two wall planes
with a minimum difference between planes of two feet, one of which
planes must be not less than 25% nor more than 60% of the square footage
of that wall.
B.
Covered pilings. The perimeter pilings supporting
any residential building (single-family, duplex, or multifamily dwelling
unit, and in any zoning district) shall be covered or enclosed from
the ground to the top of the lowest supporting beams using exterior
materials.
C.
Ground
covering permitted on residential lots.
[Added 4-14-2023 by Ord. No. 559]
(1)
In
all Residential Districts, except for natural areas, all open air
ground covering, including but not limited to new and substantially
improved driveways, parking areas, walkways, at-grade decks, and patios,
shall not exceed the maximum ground coverage as shown in the table
below. "Substantially improved" shall mean an existing ground covering
is to be more than 50% replaced/repaired or resurfaced. Ground covering
shall be limited to the following:
|
Example:
R1 5,000 SF Lot
| |||
|---|---|---|---|
|
Option 1 All Pervious
|
Option 2 Hybrid (50/50)
|
Option 3 All Nonpervious
| |
|
Max. ground coverage
|
30% (1,500 SF)
|
20% (1,000 SF)
|
15% (750 SF)
|
|
Pervious
|
30%
|
10%
|
-
|
|
Nonpervious
|
-
|
10%
|
15%
|
|
Pools/spas
|
4%
|
Included in nonpervious
|
Included in nonpervious
|
(2)
Alternative
path. In the event that existing ground coverage exceeds the allowable
area indicated in the table above, and additional coverage is desired,
the Building Inspector shall review and make a determination on alternative
signed/sealed solutions developed by a licensed civil engineer and/or
landscape architect.
A.
Conditions.
(1)
The occupation or activity shall be clearly incidental
and secondary to the residential use of the property such that it
does not change the essential character of the residential use.
(2)
The occupation or activity shall be such that it renders
the dwelling [and permitted accessory building(s)] indistinguishable
from residential properties with no home occupation/home business
use.
(3)
The person(s) engaged in the home occupation/home
business must reside in the dwelling in which it is conducted.
(4)
Not more than one home occupation/home business shall
be permitted for any dwelling.
(5)
Not more than one person, other than the permanent
residents of the dwelling, shall be engaged, on the premises, as an
employee or unpaid volunteer in the conduct of the home occupation/home
business.
(6)
There shall be no display of products or storage of
materials on premises such as would distinguish the premises from
other residential properties with no business use.
(7)
There shall be no signs associated in any way with the home occupation/home business displayed on the premises that are viewable from anywhere off the premises, except as otherwise authorized under Chapter 530.
[Amended 8-19-2011 by Ord. No. 467]
(8)
No on-street parking shall be permitted for any motor
vehicle in conjunction with or as a result of the home occupation/home
business conducted on the premises other than the motor vehicles owned
by or in the possession of the permanent residents of the subject
premises. Motor vehicles permitted to park on the premises in conjunction
with or as a result of the home occupation/home business shall be
limited to the number of vehicles which may be reasonably accommodated
in the parking area and premises.
(9)
No equipment or machinery shall be used and no activity
shall be engaged in the conduct of the home occupation/home business
which causes noise, vibration, smoke, dust, odor, heat, glare or electromagnetic
interference off the premises to such a degree that it reasonably
disturbs the peace, comfort and repose of abutting properties and/or
the neighborhood in which the subject premises is located.
(10)
Every home occupation/home business shall be
conducted entirely within the dwelling or permitted accessory building(s).
The total area used to accommodate the home occupation/home business
shall not exceed 25% of the total gross floor area of the principal
dwelling. No structural alterations or enlargements shall be made
to the dwelling (or any accessory building) for the primary purpose
of conducting the home occupation/home business.
(11)
No deliveries of equipment, supplies, products
or other materials used or consumed in the home occupation/home business
activity shall be permitted except between the hours of 8:00 a.m.
and 7:00 p.m. Only vehicles of the type and size normally engaged
in residential deliveries may be used.
(12)
No home occupation/home business shall be conducted
until a home occupation/home business certificate has been approved
by and filed with the Town Office.
B.
Any property owner or resident located within 500
feet of any home occupation/home business may file any complaint,
challenge or other dispute concerning that home occupation/home business
with the Town Building Inspector who shall schedule a meeting with
the interested parties on not less than 15 days' prior written notice,
to hear, arbitrate and decide the matter. The Building Inspector shall
prepare a brief written decision and order which may, among other
outcomes, dismiss the complaint, impose conditions upon the home occupation/home
business reasonably calculated to resolve the problem complained of
or order the cessation of the home occupation/home business where
it is determined that it is not within the definition and conditions
set forth above or that the operator of the home occupation/home business
has knowingly failed to comply with any prior corrective order.
