[Amended 2-13-2016 by Ord. No. 726; 7-13-2018 by Ord. No. 743; 3-2-2021 by Ord. No. 761; 3-2-2021 by Ord. No. 760; 3-12-2021 by Ord. No. 762; 12-2-2021 by Ord. No. 778; 2-17-2023 by Ord. No. 800; 9-15-2023 by Ord. No. 821; 1-19-2024 by Ord. No. 829; 3-15-2024 by Ord. No. 835; 9-20-2024 by Ord. No. 843; 12-20-2024 by Ord. No. 848; 2-21-2025 by Ord. No. 851; 3-21-2025 by Ord. No. 854; 4-25-2025 by Ord. No. 855; 7-18-2025 by Ord. No. 861; 10-6-2025 by Ord. No. 866]
As used in this Code, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with the main building or principal use of the land and, except as otherwise provided in this Code, located on the same lot or parcel as the main building or principal use of the land.
ACCESSORY STRUCTUREA structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
ACCESSORY USEA use which is clearly incidental to or customarily found in connection with the principal use of the premises and, except as otherwise provided in this Code, is located on the same lot or parcel as the principal use of the premises. When the term "accessory" is used in the Code, it shall have the same meaning as "accessory use." Also referred to as "ancillary use."
ACCOMMODATIONSAny rooms, lodgings, or sleeping accommodations in the Town furnished to transients for consideration, designed or used exclusively for residential occupancy, except that any rooms, lodgings, or sleeping accommodations subject to a valid rental agreement or valid lease agreement with an initial term of at least one year shall not be "accommodations" for purposes of Chapter
167, Article
III. The rental or lease of any property being assessed a public accommodation lodging excise tax under Chapter 61 of Title 30 of the Delaware Code shall not be "accommodations" for purposes of Chapter
167, Article
III.
Any person engaged in the business of facilitating or arranging a residential rental to an occupant on a website or through other means. The term 'accommodations intermediary' includes, but is not limited to, a real estate broker, real estate agent, listing agent, or property manager.
ACCOMMODATIONS TAXA tax on the gross proceeds derived from the rental of accommodations, excluding customary pet fees, cleaning fees and utilities.
ACTThe Cable Communications Act of 1984, 47 U.S.C. § 521-599.
AGGREGATE AREA OR WIDTHThe sum of two or more designated areas or widths to be measured, limited, or determined under the provisions of this Code.
ALARM BUSINESSAny business which alters, installs, leases, maintains, monitors, repairs, replaces, sells at retail, services, or responds to an exterior alarm system.
ALARM SYSTEMAny mechanical or electrical equipment arranged to signal an unauthorized entry or other illegal activity. Alarm system includes devices activated automatically, such as burglar and fire alarms. Alarm system does not include telephone lines maintained and operated by public utilities under the regulation of the Public Service Commission over which such signals might be transmitted, or alarm systems installed in motor vehicles, boats or aircraft.
ALARM USERA. The owner or lessor of any exterior alarm system;
The occupant of any dwelling unit with an exterior alarm system; and
Each tenant that uses an alarm system in a multitenant building.
ALLEYA narrow public or private thoroughfare, not exceeding 16 feet in width, which provides for pedestrian and limited vehicular access to abutting properties but is not intended for general traffic circulation.
ALLEY RETAILA retail type businesses for which customer access is via an alley.
ANSIThe American National Standards Institute or its successor bodies.
ANTENNAAny exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
ANTENNA HEIGHT or HEIGHTThe vertical distance measured from the base of the wireless support facility at grade to the highest point of the structure even if said highest point is an antenna. Measurement of height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel.
APPLICANTAny provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, modify, collocate, replace or remove a personal wireless service facility within the Town.
AREA OF SHALLOW FLOODINGA designated Zone AO on a community's Flood Insurance Rate Map with a one-percent annual chance or greater of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
ASHESThe residue from the burning of wood, coal, coke or other combustible materials.
AWNINGA temporary or permanent non-load-bearing projection from a building designed to provide shade or protection from the elements and having a pitched surface which may not be used for any other purpose other than decoration or signage.
BANNERA temporary sign that contains information or advertising related to a specific product, event or events, and is not to exceed a combined total of 30 square feet per business and is subject to approval by the Town Manager or Building Official.
BARA commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Bars include those facilities otherwise referred to as taverns, night clubs, private clubs, bottle clubs and similar facilities serving alcoholic liquor. No new bars shall be permitted.
BASE FLOODThe flood having a one-percent chance of being equaled or exceeded in any given year; the base flood also is referred to as the "one-hundred-year flood" (or the "one-percent-annual-chance flood").
BASE FLOOD DISCHARGEThe volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATIONThe water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. In areas of shallow flooding, the base flood elevation is the natural grade elevation plus the depth number specified in feet on the Flood Insurance Rate Map, or at least two feet if the depth number is not specified.
BASE STATIONRefer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower. A wireless support structure becomes a base station when wireless telecommunications equipment is attached.
BASEMENTAny area of the building having its floor subgrade (below ground level) on all sides.
BATHROOM, PUBLICA permanent bathroom facility which includes a private toilet area and a sink and which is available for use by the general public. Also referred to as a "public restroom."
BAYA small gulf with an opening to the sea of less than 24 nautical miles; unless otherwise specified, the term "bay" shall be taken as referring to Rehoboth Bay.
BEACHThat area of land and water where the Atlantic Ocean or Rehoboth Bay and the land of the Town meet at mean low tide and extending into the ocean or bay 100 feet and onto the land abutting the ocean to the crest of the dunes and onto the land abutting the bay to the paved roadway or the edge of any abutting private property.
BED-AND-BREAKFASTAn owner-occupied private home in which up to four bedrooms are used to provide overnight accommodations and a breakfast meal for transient guests for compensation.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, other than on a building or the grounds to which the advertising applies.
BOARDThe Dewey Beach Board of Adjustment, unless specifically noted otherwise.
BOATAn open vessel over four feet in length primarily designed for traveling on water, including but not limited to all vessels loosely defined as jet skis, canoes, kayaks, sailboats, catamarans, powerboats and rowboats, and rigid inflatable rafts, but not including inflatable rafts used primarily by bathers within 50 feet of the ocean or bay shoreline.
BOTTLE CLUBA commercial establishment in which alcoholic liquors or mead (as those terms are defined in 4 Del. C. § 101) are not legally sold but are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The term "bottle club" shall not be applied to any establishment licensed by the Delaware Alcoholic Beverage Control Commission.
BREAKAWAY WALLA wall, that is designed and certified by a registered design professional, that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUILDABLE AREADepending on usage: that part of a lot not included within the yards or open spaces required by the Town Zoning Code or the square footage of the aforementioned area.
BUILDABLE WIDTHThe width of that part of a lot not included within the yards or open spaces required by the Town Zoning Code.
BUILDINGAny structure having a roof supported by columns or walls and used primarily for the housing or enclosure of persons or property of any kind.
BUILDING HEIGHTThe vertical distance from some specific reference point to the highest point of the building or structure not specifically listed in the "Exclusions to height restriction" standards in Chapter
185, Zoning, Table 2, Bulk Zoning Standards in All Districts. For any property located in a special flood hazard area (SFHA) as designated on an effective Flood Insurance Rate Map (FIRM), this specific reference point shall be taken as the elevation defined by FEMA's base flood elevation plus Town mandatory freeboard. For any property outside such SFHAs, this specific reference point shall be taken as the elevation of the crown of the roadway abutting the property, or alley accessway if there is no primary roadway, taken at the center point of the lot frontage, i.e., grade.
The distance from a road where a building may be positioned, which appears in the original plat of subdivision, restrictive covenants, or in zoning ordinances and building codes. Also, the building line designated on Department of Natural Resources and Environmental Controls maps that regulate development near the beach.
BULKA composite characteristic of a given building or structure. The term "bulk" is not definable as a single quantity but includes consideration of, but not necessarily limited to, the following characteristics: size, shape and height, location of exterior walls in relation to lot or parcel lines or streets or other buildings or structures, floor-to-lot area ratio, amount of lot or parcel area provided per dwelling unit, and all open spaces associated with said building or structure.
CABARETA commercial enterprise as defined by and licensed by the Delaware Alcoholic Beverage Control Commission pursuant to 4 Del. C. § 101(7), which presently defines "cabaret" as "an establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service of food and beverage, and where a minor, as defined in § 708 of this title, is to be denied admission to or permission to remain on premises after 9:00 p.m. (official Eastern Time) unless accompanied by a parent or by a legal guardian." Cabarets must cease operations on Sundays no later than 11:00 p.m.
CABLE SYSTEM or CATV SYSTEMThe system of cables, wires, lines, towers, microwave, and laser beams, and any associated converters, equipment or facilities which the franchisee has constructed or which it used to produce, receive, amplify, and distribute electronic or electric signals to and from subscribers and locations in the Town. The electronic or electric signals produced, received, amplified, or distributed by the franchisee may be audio, video, digital, or other forms.
CANOPYA portable or detachable, roof-like cover supported from the ground, deck, or floor or walls of a building for protection from sun or weather.
CAT, FERAL/ABANDONEDA cat with no identification, and not known be under the care, control and custody of a person.
CELL SITE or SITEA tract or parcel of land that contains wireless service facilities, including any antenna, support structure, accessory building, and parking, and may include other uses associated with an ancillary to personal wireless services.
CERTIFICATE OF INSPECTIONThe written approval from the Building Official or his/her designated representative that the tattooing establishment has been inspected and meets all the requirements of Chapter
165 relating to physical facilities, equipment and layout for the operation of a tattoo and body-piercing establishment.
A statement signed by a duly authorized Town officer setting forth that a specific building or structure and its proposed use legally comply with the regulations of Town Code Chapter
185, Zoning.
Any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion, within the corporate limits of Dewey Beach, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
CLINICA building or portion thereof designed for and/or used by two or more state-licensed medical practitioners, e.g., physicians, surgeons, dentists, psychiatrists, physiotherapists, or practitioners in related specialties, or a combination of persons in these professions, but not including the lodging of such practitioners or patients overnight.
CLOSE RELATIVEA subject person's close relatives are: parents, spouse, children (natural or adopted) and their spouses and children, siblings of whole and half blood and their spouses or children, and the parents and siblings of spouses.
CLUB, PRIVATEBuildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily done as a business. A private club shall not be defined to include uses otherwise referred to as an "after hours" club, a nightclub or other similar establishment intended to be a location for congregation of persons to socialize between the hours of 1:00 a.m. and 6:00 a.m.
COASTAL HIGH-HAZARD AREAAn area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms. Coastal high-hazard areas also are referred to as "Zone V" or "V Zones" and are designated on FIRMs as flood insurance risk Zone VE.
CODEThe Charter, Code, any resolution or any lawfully adopted ordinance of the Town as from time to time may be promulgated by the Town Commissioners, including those adopted by reference to any other law, rule or regulation of the State of Delaware, as it may apply to the Town, for the enforcement of laws for its citizens' health, safety and general welfare.
COLLOCATIONThe mounting or installation of transmission equipment on a wireless support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. This definition includes the first placement of transmission equipment on a tower or base station.
COMMERCIAL HANDBILLAny printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, paper booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
A. Which advertises for sale any merchandise, produce, commodity or thing; or
Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purposes of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good orders; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state or under any ordinances of this Town; or
Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
COMMERCIAL UNITA portion of a building or structure set aside for commercial use and being self-contained. (See "self-contained unit.")
COMMERCIAL USEBuilding types which include the distribution and sale or rental of goods and the provision of services.
COMMISSIONERSThe Commissioners of the Town of Dewey Beach, Delaware.
COMPENSATIONAny money, thing of value or any other economic benefit of any kind or nature whatsoever conferred on or received by any official or employee of the Town in return for any service rendered or to be rendered by the official or employee or by another.
CONCEAL or CONCEALMENTWireless support structures and transmission facilities designed to look like some feature other than a tower or base station.
CONSTRUCTION ACTIVITIESAny activity whatsoever relating to construction, including, but not limited to: site preparation, grading and excavation; construction of foundation; construction, fabrication, and placement of any structure upon or within the premises; painting, drywalling, roofing and application of any materials whatsoever to the structure being constructed or placed upon the premises, including installation of plumbing, electrical fixtures and wiring, heating, ventilation and air-conditioning equipment; and any activity whatsoever related to construction, installation, site preparation, landscaping, paving or improvement of the premises.
CONSTRUCTION, COMPLETIONConstruction performed on a construction or development/redevelopment project that has been certified by the Town Building Official or designee as being complete and in full compliance with all project plans, specifications, drawings, and any other pertinent documents.
CONSTRUCTION, SIGNIFICANT PROGRESSWork performed on a construction or development/redevelopment project in an amount or to an extent that comprises at least 50% of the total amount of work to be performed for the project, as determined by the Town Building Official or designee.
CONSTRUCTION, STARTING OFThe combining of labor and material into any portion of the structure, on the site thereof, not including grading or staking.
CONTAINERA rigid metal, plastic or vinyl receptacle, with a fitted cover.
COOKING FACILITIESAny appliances or equipment provided for the purpose of food preparation, with the exception of a microwave, refrigerator and/or coffee maker.
COURTYARDAn area wholly or partly surrounded by walls or buildings and open to the sky.
CRAWL SPACESpace between the first finished floor and the average level of the adjoining ground which usually contains pipes, ducts, and wiring, permits access, and where the distance between the average level of the adjoining ground and the first finished floor is not greater than five feet. A crawl space shall not be considered a story, and people are prohibited from sleeping in a crawl space.
CRUELEvery act or omission to act whereby physical pain or suffering is caused or permitted.
CRUEL MISTREATMENTAny treatment whereby physical pain or suffering is caused or permitted.
CURFEWA prohibition against any person or persons walking, running or loitering, standing or motoring on any alley, street, highway, public property or vacant premises within the corporate limits of Dewey Beach, excepting persons officially designated to duty with reference to said civil emergency.
DAY-CARE CENTERA state-licensed center which provides care or instruction for more than six children and operates on a regular basis.
DBAThe abbreviation for the sound level in decibels determined by the A-weighting network of a sound-level meter or by calculation from octave band or 1/3 octave band.
DECIBEL (dB)A unit of measure, on a logarithmic scale, or the ratio of a particular sound pressure squared to a standard reference pressure squared. For the purpose of this Code, 20 micropascals shall be the standard reference pressure.
DESIGN STANDARDSThose standards governing the appearance of a wireless facility, including such features as its material, color, and shape, as outlined in the manual entitled "Design Standards for Small Cell Wireless Facilities and Telecommunications Towers."
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, placement of manufactured homes, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
DINNER THEATERA portion of the building must be used for the presenting of public performances featuring live actors in dramatic or musical productions. A dinner theater must also serve, before, during or immediately after such performance(s), a full meal consisting of, but not limited to, appetizers, entrees, salads, vegetables, desserts and beverages other than alcoholic. There shall also be an adequate and sanitary kitchen and restroom facilities.
DISTRICTAny section of the Town of Dewey Beach in which zoning requirements are uniform.
DOCUMENTA. Any deed, instrument or writing whereby any real estate within the boundaries of the Town of Dewey Beach, or any interest therein, shall be quitclaimed, granted, bargained, sold or otherwise conveyed to the grantee, but shall not include the following:
(2) Any lease other than those described or defined in Subsection
B below;
Any conveyance between corporations operating a housing project pursuant to Chapter 45 of Title 31 of the Delaware Code and the shareholders thereof;
Any conveyance between nonprofit industrial development agencies and industrial corporations purchasing from them;
Any conveyance to nonprofit industrial development agencies;
Any conveyance between husband and wife;
Any conveyance between persons who were previously husband and wife, but who have since been divorced, provided such conveyance is made after the granting of the final decree in divorce and the real estate or interest therein subject to such conveyance was acquired by the husband and wife, or husband or wife, prior to the granting of the final decree of divorce;
Any conveyance between parent and child or the spouse of such a child;
Any conveyance (a) to a trustee, nominee or straw party for the grantor as beneficial owner; (b) for the beneficial ownership of a person other than the grantor where, if such person were the grantee, no tax would be imposed upon the conveyance pursuant to Chapter
167, Article
I; or (c) from a trustee, nominee or straw party to the beneficial owner;
Any conveyance between a parent corporation and a wholly owned subsidiary corporation, provided such conveyance is without actual consideration;
Correctional deeds without actual consideration;
Any conveyance to or from the United States or the State of Delaware, or to or from any of their instrumentalities, agencies or political subdivisions and the University of Delaware;
Any conveyance to or from a corporation, or a partnership, where the grantor or grantee owns stock of the corporation or an interest in the partnership in the same proportion as the grantor's or grantee's interest in, or ownership of, the real estate being conveyed; provided, however, that this subsection shall not apply to any distribution in liquidation or other conveyance resulting from the partial or complete liquidation of a corporation, unless the stock of the corporation being liquidated has been held by the grantor or grantee for more than three years; provided, further, this subsection shall not apply to any conveyance from a partnership to its partners unless the partners' interest in the partnership has been held for more than three years;
Any conveyance by the owner of previously occupied residential premises to a builder of new residential premises when such previously occupied residential premises are taken in trade by such builder as a part of the consideration from the purchaser of new, previously unoccupied premises;
Any conveyance to the lender holding a bona fide mortgage which is genuinely in default, either by a Sheriff conducting a foreclosure sale or by the mortgagor in lieu of foreclosure;
Any conveyance to a religious organization or other body or person holding title to real estate for a religious organization, if such real estate will not be used following such transfer by the grantee, or by any privy of the grantee, for any commercial purpose; provided, however, that only that portion of the tax which is attributable to and payable by the religious organization or other body or person holding title to real estate for a religious organization under Section 5402 of Title 30 of the Delaware Code shall be exempt;
Any conveyance to or from a volunteer fire company, organized under the laws of this state; provided, however, that only that portion of the tax which is attributable to and payable by the volunteer fire company under Section 5402 of the Delaware Code shall be exempt;
Any conveyance of a "mobile home," as defined in Section 7003 of Title 25 of the Delaware Code, provided tax on said conveyance has been paid under Title 30, Section 3002, of the Delaware Code;
Any conveyance without consideration to an organization exempt from tax under Section 501(c)(3) of the Federal Internal Revenue Code;
Any conveyance to a nonprofit conservation organization when the property is purchased for open space preservation purposes.
The term "document" defined in Subsection
A of this definition shall include the following:
(1) Any writing purporting to transfer a title interest or possessory interest for a term of more than five years in a condominium unit or any unit properties subject to the Unit Property Act;
Any writing purporting to transfer a title interest or possessory interest of any lessee or other person in possession of real estate owned by the state or other political subdivision thereof;
Any writing purporting to assign or transfer a leasehold interest or possessory interest in real property under a lease for a term of more than five years.
In determining the term of a lease under Subsection
B above, it shall be presumed for the purpose of computing the lease term that any rights or options to renew or extend will be exercised.
For purposes of the definition of "value," in the case of a document described in Subsection
B under which the consideration is based in whole or in part on a percentage of the income or receipts to be received in the future, actual consideration shall include the amounts actually received under such percentage of income or receipts provision; provided, however, and notwithstanding any other provisions of Chapter
167, Article
I, that the tax imposed by Chapter
167, Article
I, shall be due and payable within 30 days after the date such amounts become due and payable under the agreement.
Transfers not subject to tax.
(1) Except as provided in Subsections E(2) and (3) of this definition, where beneficial ownership in real estate is transferred through a conveyance or series of conveyances of intangible interests, including mergers and all other indirect exchanges, in a corporation, limited liability company, partnership, trust, pass-through entity or other entity, such conveyance shall be taxable under Chapter
167, Article
I, as if such property were conveyed through a duly recorded "document" as defined in Subsection
A of this definition, and subject to the exemptions contained therein, except those exemptions contained in Subsection A(10) and (14) of this definition.
No bona fide pledge of stock or partnership interests as loan collateral nor any transfer of publicly traded stock or publicly traded partnership interest shall be deemed subject to taxation under this subsection.
Where the beneficial owners of real property prior to the conveyance or series of conveyances referred to in this subsection own 80% or more of the beneficial interest in the real estate following said conveyance or conveyances, such transfers shall not be subject to tax under this subsection. Where the beneficial owners of real property prior to the conveyance or series of conveyances referred to in this subsection own less than 80% of the beneficial interest in the real estate following said conveyance or conveyances, such transfers shall not be subject to tax under this subsection, unless, under regulations promulgated by the Secretary of Finance of the State of Delaware and the Commissioners of the Town of Dewey Beach, such transfer or transfers are properly characterized as a sale of real property. Such characterization shall take into account the timing of the transaction; beneficial ownership prior to and subsequent to the conveyance or conveyances; the business purpose of the corporation, partnership, or trust; and such other factors as may be relevant.
Subsection
E shall be liberally construed to effectuate its remedial purpose of limiting avoidance of the tax through dealings in intangible interests rather than deeds to transfer the beneficial ownership of real estate.
Construction.
(1) Notwithstanding Subsection
A of this definition, there shall be included in the definition of "document" for purposes of Chapter
167, Article
I, any contract or other agreement or undertaking for the construction of all or a part of any building, all or a portion of which contract, agreement, or undertaking (or any amendment to the foregoing) is entered into, or labor or materials are supplied, either prior to the date of the transfer of the land on which the building is to be constructed or within one year from the date of the transfer to the grantee.
No building permit may be issued for any such building unless and until the person or persons (including corporations or other associations) requesting such permit shall demonstrate in a form of affidavit, that:
(a) No transfer as described in this section has occurred within the preceding year;
No portion of the contract for construction for which the permit is being requested was entered into and no materials or labor with respect to the building have been provided within one year of the date on which the property was transferred; or
There has been paid a realty transfer tax on the document as defined in this subsection.
In addition, no certificate of occupancy relative to any building on which a tax is provided by this subsection shall be issued unless and until the owner recertifies the actual cost of the building and pays any additional tax due as a result of such recertification.
A "building," for purposes of this subsection, shall mean any structure having a roof supported by columns or walls which structure is intended for supporting or sheltering any use or occupancy but shall not include any alteration of or addition to an existing building where the cost of said alteration or addition is less than 50% of the value of the property transferred.
A "transfer," for purposes of this subsection, shall include any transfer made by a "document," as described in this section, other than this subsection, and shall not include any transaction excluded from the definition of "document" under the provisions of Subsection A(1) and (21) of this definition.
DRIVE-INA term used to describe an establishment designed or operated to serve food to patrons seated in an automobile parked in an off-street parking space.
DRIVEWAY ENTRANCEAny improved or unimproved area serving as an area of access, entrance, exit or approach from any street to any parcel of land, regardless of public or private ownership.
DRY FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
DUNE LINEA building line under the State of Delaware Beach Preservation Act, as defined and delineated on maps provided by DNREC in compliance with Del. Code Title 7, Chapter 68.
DWELLING or DWELLING UNITA building or self-contained portion thereof intended for residential use as the self-contained living quarters for a family or other group of persons living together as a household or by a person living alone and containing a kitchen and adequate bathroom facilities, including indoor shower or bathtub, and adequate sleeping accommodations, but not including trailers, mobile homes, hotels, bed-and-breakfasts, motels, motor lodges, boarding- and lodging houses, tourist courts, or tourist homes. (See "self-contained unit.")
DWELLING UNITAny residential premises, attached or detached, or any apartment residential building or unit located within the Town of Dewey Beach. As used in this Code, "dwelling unit" shall include all residential structures intended for human habitation together with all lands and easements under control of the person or persons in lawful possession of said premises.
DWELLING, MULTIFAMILYA building containing two or more dwelling units. The definition of "multifamily dwelling" shall include, but not be limited to, apartments and garden apartments, condominiums, duplex or townhouse buildings and similar structures. Multifamily dwellings may also be referred to as multifamily buildings, multifamily structures, multifamily units, or dedicated residential buildings, dwellings or units.
DWELLING, SINGLE-FAMILY DETACHEDA fully detached building with one kitchen designed for or occupied exclusively by one family or one group of persons living together as a household or by a person living alone. Single-family detached dwellings may also be referred to as a single-family home, building or residence or a detached single-family home, building or residence.
DWELLING, TOWNHOUSETwo or more dwelling units on a single lot or parcel connected by party walls between the units and side yards on the end units only. Townhouse dwellings may also be referred to as townhouses or townhouse buildings, structures or units.
EATERYA commercial enterprise located within a building or portion thereof set aside for the preparation and carry-out sale and/or eat-in service of food and beverages, excluding alcoholic beverages, and which has been approved by the Town Commissioners as a conditional use.
EFFICIENCY HOTEL/MOTEL UNITA one-roomed accommodation for transient guests that includes cooking facilities and an enclosed bathroom, the total floor area not exceeding 300 square feet of gross floor area. An open porch, balcony or deck next to an efficiency motel unit shall not be screened, windowed or enclosed in any manner. If a motel room or suite of rooms contains more than 300 square feet of gross floor area and is equipped with cooking facilities, it shall be classified as a "dwelling unit" for purposes of determining density and parking requirements. No new hotel or motel units shall be permitted as per Ordinance No. 430, 4/8/2000.
ELDER CARESocial and medical services, programs and facilities that are intended for the care and maintenance of the aged (generally persons 65 years of age and older).
ELECTRONIC SMOKING DEVICEAny device employing a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to deliver nicotine, marijuana, or other substances into the body through inhalation, including, but not limited to, an electronic cigarette, vape pen, vaporizer, electronic cigar, electronic pipe, electronic hookah or other similar product that relies on vaporization or aerosolization. As used in this chapter, the definition of "electronic smoking device" does not include any product that has been approved by the United States Food and Drug Administration for tobacco cessation or other medical purposes.
ELEVATION CERTIFICATEThe National Flood Insurance Program elevation certificate (FEMA Form 086-0-33), used to document building elevations and other information about buildings. When required to be certified, the form shall be completed by a licensed professional land surveyor. (SB 64 Recommended Standard 6; Require use of FEMA elevation and floodproofing certificates)
ELIGIBLE SUPPORT STRUCTUREAny tower or base station that is existing at the time the proposed eligible wireless facilities modification application is filed with the Town.
EMPLOYEEAny person over 18 years of age, other than an operator, who renders any service in connection with the operation of a tattoo and body-piercing establishment and receives compensation from the operator of the business or its patrons.
EMPLOYEEIncludes all employees of the Town of Dewey Beach.
ENCLOSURE BELOW THE LOWEST FLOORAn unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage, in an area other than a basement.
ENTITYA corporation, association, person or partnership of persons.
EVENTAny public assembly or gathering of people which may, because of the location, time or anticipated number of persons involved, be reasonably expected to have a significant effect upon the ordinary use of the public streets, rights-of-way, sidewalks, boardwalk, beach or any other public areas. By way of example and not in limitation, "event" includes fairs, festivals, parades, motorcades, bicycle rides/races, rallies, marches, processions, running/walking events and concerts. Events include gatherings of 24 or more people and gatherings of any number of people to whom a vendor offers goods or services. Private social gatherings on private property are not included.
EXTERIOR ALARMAny alarm device which sounds or elicits an alarm signal which is located on the exterior of any building.
FAAThe Federal Aviation Administration.
FACILITYSomething that is built, installed or established to serve a particular purpose.
FALSE ALARMAny alarm signal:
A. That elicits a response by police personnel; and
For which there is no evidence of criminal activity to justify a police or fire personnel response.
FAMILYAn individual or two or more persons who are related by blood or marriage living together and occupying a single housekeeping unit with single culinary facilities on a nonprofit cost-sharing basis. Domestic servants employed and residing on the premises shall be considered as part of the family.
FCCThe Federal Communications Commission.
FEMA TECHNICAL BULLETINA series of guidance documents published by FEMA to provide guidance concerning building performance standards of the National Flood Insurance Program. See sections where specific TBs are identified. (SB 64 Recommended Standard 15; Incorporate FEMA technical bulletins)
FILLING STATIONA retail establishment that provides retail sales of gasoline and diesel fuels and possibly provides routine motor vehicle services and operation of a convenience store.
FINANCIAL INTERESTAn interest which a person has if:
A. The person has a legal or equitable ownership interest in any business entity that conducts business directly or indirectly in or with the Town of Dewey Beach.
The person is or was an employee, officer, partner, director, manager or trustee of an enterprise and receives or has received from that enterprise during the immediate year or the preceding calendar year or might reasonably expect to receive from the enterprise during the current or next calendar year income in any amount for services as a manager, employee, agent, partner, member, director or officer of such private enterprise.
The person is a creditor of any business entity which conducts business directly or indirectly in or with the Town of Dewey Beach.
FLAGOne outdoor flag or other type of announcement no greater than four feet by six feet indicating that the business is open or the use of the word "Open," "Welcome," "Enter," "Sale," or any word or words conveying such meaning and removed at the end of the business day. Flags shall not be included in the calculation of permitted signage (exempt: American flag, Delaware flag, and Dewey Beach flag).
FLASHING SIGNAn illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color. Any sign that revolves or moves shall also be considered a flashing sign.
FLOOD INSURANCE RATE MAP (FIRM)An official map on which the Federal Emergency Management Agency has delineated special flood hazard areas to indicate the magnitude and nature of flood hazards and to designate applicable flood zones.
A. ZONE ASpecial flood hazard areas inundated by the one-percent-annual-chance flood; base flood elevations are not determined.
ZONE AESpecial flood hazard areas subject to inundation by the one-percent-annual-chance flood; base flood elevations are determined; floodways may or may not be determined.
ZONE AOAreas of shallow flooding, with or without a designated average flood depth.
ZONE X (SHADED)Areas subject to inundation by the five-hundred-year flood (0.2% annual chance); areas subject to the one-percent-annual-chance flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.
ZONE X (UNSHADED)Areas determined to be outside the one-percent-annual-chance flood and outside the five-hundred-year floodplain.
ZONE VESpecial flood hazard areas subject to inundation by the one-percent-annual-chance flood and subject to high-velocity wave action (also referred to as "coastal high-hazard areas").
LIMIT OF MODERATE WAVE ACTION (LiMWA)The inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between Zone VE and the LiMWA will be similar to, but less severe than, those in Zone VE.
FLOOD INSURANCE STUDYThe official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and the water surface elevations.
FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ZONEAll areas subject to inundation by the floodwaters of the one-percent-annual-chance flood, otherwise known as the "one-hundred-year flood." The source of delineation shall be the most-recent Flood Insurance Study for the Town of Dewey Beach prepared by the Federal Emergency Management Agency. These areas shall be separated into the following three categories:
A. COASTAL HIGH-HAZARD AREAAn area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms. Coastal high-hazard areas also are referred to as "Zone V" or "V Zones" and are designated on FIRMs as flood insurance risk Zone VE.
GENERAL FLOODPLAIN AREAThat area of the one-hundred-year floodplain not included in coastal high-hazard areas or areas of shallow flooding and designated as flood insurance risk Zone AE.
AREAS OF SHALLOW FLOODINGA designated Zone AO on a community's Flood Insurance Rate Map with a one-percent-annual-chance or greater of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
FLOOD-DAMAGE-RESISTANT MATERIALSAny construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. See FEMA Technical Bulletin No. 2, Flood Damage-Resistant Materials Requirements, and FEMA Technical Bulletin No. 8, Corrosion Protection for Metal Connectors in Coastal Areas.
FLOODPLAINAny land area susceptible to being inundated by water from any source. (See "flood or flooding.")
FLOODPROOFING CERTIFICATEThe National Flood Insurance Program floodproofing certificate for nonresidential structures (FEMA Form 86-0-34), used by registered professional engineers and architects to certify dry floodproofing designs. (SB 64 Recommended Standard 6; Require use of FEMA elevation and floodproofing certificates)
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to pass the base flood discharge such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height.
FLOODWAY FRINGE AREAThat portion of the special flood hazard area that is adjacent to and landward of a designated floodway shown on a Flood Insurance Rate Map. (SB 64 Recommended Standard 14; Prohibit encroachments that would cause more than 0.1 foot of rise without compensation)
FLOOR AREA RATIO (FAR)The quotient obtained by dividing the aggregate gross floor area of all buildings and accessory buildings on a lot or parcel, excluding those areas specifically excluded from the floor area ratio standard in Chapter
185, Zoning, Table 2, by the gross area of said lot or parcel.
The area included within the current boundaries of the Town and any additional areas hereinafter annexed by the Town.
FRANCHISEEGeneral Television of Delaware, Inc., and its successors and assigns, in accordance with the provisions of Chapter
A188.
A factor of safety usually expressed in feet above a flood elevation for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
FRONTAGE, LOTThe distance for which the front boundary line of the lot and the street line are coincident.
FRONTAGE, STREETAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
FUNCTIONALLY DEPENDENT USEA use which cannot perform its intended purpose unless it is located or carried out in close proximity to water; the term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship-repair facilities, but does not include long-term storage or related manufacturing facilities.
GAMBLINGAny game in which chance is the dominant factor in determining the allocation or awarding of a prize.
GARAGE, PRIVATEAn enclosed or partially enclosed space intended to be used primarily to provide temporary storage or shelter for passenger automobiles, motorcycles and mopeds, and boats and trailers and the like. In residential zoning districts, the space therein may be used for parking or storage of not more than one commercial vehicle of not more than one ton capacity.
GARAGE, PUBLICA garage intended to be used for temporary parking of passenger cars and trucks and available for public use.
GARBAGEPutrescent animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GRADE or GRADE ELEVATIONThe elevation of the crown of the roadway or alley accessway abutting the property taken at the center point of the lot frontage.
GREEN SPACELand with vegetation, such as grass, trees, shrubs and other plants which are permanently planted into the ground or land left and maintained in its natural condition. Use of planters or pots, including those in which the plants contained in the planter or pot are rooted in the ground, shall not qualify as green space. Green space may include plant-based mulches, artificial mulches, and decorative rock or stone, but artificial mulches and decorative rock or stone may be applied only around and between plants or shrubs, and may not extend more than a radius of three feet from the primary trunk or stem of a plant or shrub.
GROSS FLOOR AREAA. COMMERCIAL, BUSINESS AND INDUSTRIAL BUILDINGS OR BUILDINGS CONTAINING MIXED USESThe sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including attic or basement storage areas, mechanical or utility rooms, patron restrooms and interior stairs. See Table 2 for other exclusions.
RESIDENTIAL BUILDINGSThe sum of the gross horizontal areas of the several floors of a dwelling measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. See Table 2 for exclusions.
GROSS RECEIPTSAll receipts collected by the franchisee for television service to subscribers under Chapter
A188, including, but not limited to, regular monthly subscriber receipts or premium monthly television receipts, but not including advertising receipts, receipts resulting from connection or reconnection fees of any kind, receipts resulting from the sale or rental of equipment of any kind, and fees received for lease of channels. Gross receipts shall also not include any taxes which are imposed on any subscriber or user of the CATV system by any governmental unit and collected by the franchisee for such governmental unit.
A supervised long-term group living arrangement licensed by the state or other appropriate licensing authority for persons including, but not limited to, those with mental or physical handicaps, substance abusers, criminal offenders, juvenile offenders or delinquents, or others who have been found to be a danger to society or are under the jurisdiction of the criminal justice system, a governmental bureau of corrections or a similar agency or institution.
HALF-STORYA partial story located above a full story and underneath a sloping roof, where the roof planes intersect two opposite exterior walls at a height of no more than three feet above the half-story floor level, and window dormers or other projections out from this roof plane do not exceed more than 50% of the horizontal length of the roof, measured along both opposite roof planes at three feet above the half-story floor level or higher. In addition to where the term "half-story" appears in the code, this definition applies in the context of references to " 2 1/2 stories" appearing in Table 2, Bulk Standards in all Districts.
HANDBILL DISTRIBUTORIncludes any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.
HIGHEST ADJACENT GRADEFor the purpose of this Code, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTUREAny structure that is:
A. Individually listed on the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
HOME OCCUPATIONAny service, profession or trade which is conducted within a residential dwelling and conducted in a manner which does not change the essential character of the residential use and makes the dwelling with said home occupation indistinguishable from dwellings with no business use.
HOTEL or MOTELA business providing lodging for transient patrons and regulated under Delaware State Code __________. The term shall also include providers of accommodations doing business as a motor court, tourist court, motor lodge or motor inn and other such names. No new hotels or motels shall be permitted as per Ordinance No. 430, 4/8/2000.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSISAn analysis performed by a professional engineer, licensed in the State of Delaware, in accordance with standard engineering practices as accepted by FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.
IMPERVIOUSA material or surface that does not allow water or other fluids to pass through it, preventing water infiltration that leads to increased runoff which can contribute to flooding and erosion. Impervious materials include but are not limited to asphalt, concrete, and plastic.
IN PUBLICOut of doors in a public, private or semiprivate place not considered an actual toilet, bathroom, facility or other structure, enclosed from public view, for the relief of such bodily functions.
JUNKDilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof, dilapidated wagons, trailers and other kinds of vehicles and parts thereof, scrap building materials, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron machinery, rags, paper, excelsior, hair, mattresses, beds or bedding, and any other kind of scrap or waste material which is stored, kept, handled, or displayed.
KEEPTo harbor, care for, own, shelter or in any way maintain.
KICKBACKAny payment, gratuity or benefit paid or to be made on behalf of any bidder, contractor, prospective contractor, subcontractor, prospective subcontractor or any person associated with any of them to any official or employee as an inducement or reward for the employment of a contract, subcontract, order or favor.
KIOSK, GOODS OR SERVICEA small structure, including tents, often open on one or more sides, used as a place to sell goods or services, the sale of which requires a business license.
KNEE WALLA short wall on the topmost floor of a home that connects from the floor to the slope of the roof, creating a short wall with a small cavity behind it. These types of walls are typically found in cape or gambrel style homes and range in height from three feet to six feet. The cavities behind these spaces can also range from small, inaccessible spaces, to spaces large enough to be considered a small room. For the most part, they are small triangular spaces used for storage.
LATTICE TOWERA type of mount that is self-supporting with multiple legs and cross bracing of structural metal.
LAUNDROMATA business that provides washing, drying and/or ironing machines or dry-cleaning machines for use by customers on the premises.
LETTER OF MAP CHANGEAn official FEMA determination, by letter, to amend or revise an effective Flood Insurance Rate Map, Flood Boundary and Floodway Map, and Flood Insurance Study. Letters of map change include:
A. LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was inadvertently included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood; in order to qualify for this determination, the fill must have been permitted and placed in accordance with these regulations.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood-protection project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies; upon submission to and approval of certified as-built documentation, a letter of map revision may be issued.
LOADING SPACEA space within the main building or on the same lot or parcel providing for the standing and loading or unloading of trucks, and having a minimum width of 12 feet, a minimum depth of 40 feet, and a vertical clearance of at least 14 feet.
LOTA fractional portion of a subdivision, measured, surveyed and plotted, and set apart, for separate use and occupancy, from contiguous parcels of land, and having its principal frontage upon a street.
LOT COVERAGEThat portion of the lot area that is covered by buildings; the building gross floor area divided by the lot area. For example, if a lot containing 10,000 square feet has principal and accessory buildings whose area is 2,500 square feet, the lot coverage is 25%.
LOT WIDTHThe shortest horizontal distance between the side lot lines measured at the required building setback line. If the angle between the front and side lines is less than 90°, the lot width shall be measured from side to side at a right angle to the length of the setback line.
LOT, CORNERA lot abutting upon two or more streets at their intersection.
LOT, DEPTH OFThe average horizontal distance between the front and rear lot lines.
LOT, FRONTThe portion of a lot facing and fronting on a street, road or alley accessway.
LOWEST FLOORThe lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
MAILBOX ASSEMBLY, CLUSTER-STYLEA style whereby mailboxes, meeting the specifications of the United States Postal Service (USPS), are assembled and grouped together on a single area of land so they are regarded as one unit. The use of cluster-style mailboxes must be reviewed and approved by both the Town and the USPS.
MAILBOX ASSEMBLY, STANDARDAn assembly consisting of materials that meet the specifications of the United States Postal Service (USPS), which is located near the edge of the roadway or curbside of a street and is intended or used for the collection of mail and is to be served by a mail carrier from a vehicle. Standard mailbox assembly includes decorative/architectural-style boxes and posts that meet USPS specifications. Multiple standard mailbox assembly installations must meet the same criteria as a single standard mailbox assembly installation.
MAINTENANCEA. Maintenance shall mean the ongoing duty of every property owner, operator, or occupant to keep all buildings, structures, premises, and accessory facilities in a safe, sanitary, and functional condition, consistent with the requirements of the town of Dewey Beach Code and other applicable standards. Maintenance includes both preventive and corrective actions to preserve property in good repair, protect the public health and safety, and sustain neighborhood character.
Maintenance activities include:
(1) Routine upkeep of structures and premises.
Non-structural repairs that do not alter the building's footprint or load-bearing elements.
Cosmetic improvements repairs are typically aesthetic in nature and do not involve major construction or code compliance issues.
Specific property maintenance activities include:
(1) Repainting walls, trim, or exterior surfaces.
Replacing or refinishing flooring (e.g., carpet, tile, hardwood).
Repairing drywall or other wall or ceiling materials (e.g., patching nail holes or minor cracks).
Updating fixtures (e.g., light switches, faucets, cabinet handles, doorknobs), excluding any relocation of plumbing fixtures and upgrading or relocation of electrical outlets and circuitry.
Roof or siding replacement not exceeding 25% of existing sheathing.
Cleaning or power-washing surfaces.
Replacing window treatments or decorative elements.
Minor appliance or HVAC component replacements.
Non-structural alterations are allowed for patios, concrete slabs, decks and decorative hardscaping.
MAJOR STREET OR HIGHWAYA street or highway designed as a primary highway by the Delaware State Division of Highways and including Coastal Highway, King Charles Highway and Bayard Avenue.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURED HOME (FORMER, MOBILE HOME)A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle." No new manufactured homes shall be permitted as per Ordinance No. XXX, DD/MM/YYYY.
MARINAA place for docking boats or providing services to boats and the occupants thereof, including service, storage and repair to boats, sale of fuel and supplies, and provision of lodging, food, beverages, and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto is incidental to other activities, shall not be considered a marina, nor shall boat docks accessory to single-family and multifamily dwellings where no boat-related services are rendered and yards only providing for boat storage be so considered.
MATTERAny application, petition, request, business dealing, contract, subcontract or any other transaction of any sort with the Town of Dewey Beach.
MINORAny person under the age of 18 years.
MINOR MODIFICATIONA modification of an existing wireless facility which does not substantially change the size of the structure or wireless facility.
MIXED USEA combination of residential use and commercial use in a building or group of buildings on a lot or parcel. Municipal use may be included in a mixed-use development.
MOUNTThe structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:
A. BUILDING MOUNTA wireless service facility mount fixed to the roof or side of a building.
GROUND MOUNTA wireless service facility mount fixed to the ground, such as a tower.
STRUCTURE MOUNTA wireless service facility fixed to a structure other than a building, such as light standards, utility poles, water towers and bridges.
MOVIE THEATERA venue, usually in a building, commercially operated for the purpose of showing motion pictures to the general public. Such a venue may also be termed a cinema or movie house and may include specifically designated areas for the preparation and sale of food and nonalcoholic beverages to customers. A movie theater may contain one or more separate movie projection screens for simultaneous commercial operation.
MULTI-UNITA building divided in such a manner as to provide two or more units for sale or lease. A multi-unit building may be dedicated to a single occupancy type or contain a mix of residential and commercial uses, depending on the parcel's zoning restrictions.
NEWA proposal to install a new structure where none exists and to attach wireless facilities on the new structure.
NEW CONSTRUCTIONBuildings and structures for which the start of construction commenced on or after June 18, 1982, including any subsequent improvements to such structures.
NEWSPAPERAny newspaper of general circulation as defined by general law, any newspapers duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
NOISEThe intensity, frequency, duration and character of sound, including sound and vibration of subaudible frequencies.
NOISE DISTURBANCEA. Any sound that annoys or disturbs a reasonable person of normal sensibilities; or
Any sound which is created by the human voice, including but not limited to yelling, shouting, hooting, whistling or singing, at any time so as to annoy or disturb a reasonable person of normal sensibilities; or
Any sound which is in excess of the allowable noise levels established in §
85-1301A.
NONCOMMERCIAL HANDBILLAny printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill or newspaper.
NONCONFORMING BUILDINGA building which does not conform with the height, area, or other bulk zoning standards of the district in which it is located.
NONCONFORMING USEThe use of a building or land which does not conform with the permitted uses, permitted accessory uses, conditional uses, or uses permitted by special exception of the district in which it is located.
NONPROFIT CHARITABLE GAMINGAny gambling conducted by a tax-exempt, nonprofit organization in existence for more than 12 months and formed for charitable or religious purposes, excluding any form of gambling generally referred to as "slots," "roulette," "craps," or "baccarat."
OCCUPANCYThe use or possession or the right to use or possess any property referred to in §
167-20A hereof other than use by a permanent resident.
Any violation of the Town Code, as from time to time may be amended, including but not limited to vehicle and traffic offenses, crimes and conduct offenses, zoning, building construction violations, civil violations, streets and parking violations, beach violations and violation of the general provisions.
OFFICIALAny elected or appointed official of the Town of Dewey Beach and all members of any committee or commission appointed by the Mayor of the Town of Dewey Beach or appointed by the Town Commissioners.
OFFICIAL RESPONSIBILITYAny direct administrative or operating authority at any level, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove, recommend or otherwise direct action on behalf of the Town of Dewey Beach.
OPEN AREAThat portion of a lot or parcel excluding areas set aside or used for buildings, parking, loading, and streets. Land devoted to recreation purposes, including areas for swimming pools, tennis courts, children's playgrounds and similar recreation uses, shall be considered open area for the purpose of this definition.
OPERATORAny individual, firm, company, corporation or association that owns or operates an establishment where tattooing and body piercing is performed, and any individual who performs or practices the art of tattooing and body piercing on the person of another.
ORDINANCEA rule, regulation or law adopted by the Town Commissioners.
OSTEOPATHIncludes any person authorized to practice osteopathic medicine pursuant to the laws of the State of Delaware.
OUTDOOR DISPLAYAny representative sample display of merchandise sold by a business displayed outside on the business owner's property.
OUTDOOR DISPLAY PERMITA permit required for the purpose of temporarily displaying any merchandise, not otherwise considered a sign, out of doors on the private property of a licensed retail business. If approved, the permit is valid for up to one calendar year. The permit is renewable annually, upon satisfactory compliance with the permit terms and conditions and all regulations as provided by Chapter
185, Article
V, of the Code of the Town of Dewey Beach. A permit, once having been issued or renewed, may be revoked, upon due notice delivered from the Building Official citing a violation of the Code of the Town of Dewey Beach regarding the size, placement or content of an outdoor display. Any business that has an outdoor display shall not be permitted to use a sandwich board.
A form submitted in writing by the business license holder to the Building Official for the purpose of obtaining an outdoor display permit.
OUTSIDE SERVICE AREAA porch, patio, deck or area of land which is not within the permanent, outside walls of a restaurant or eatery and is used for seated dining.
PARCELAny lot or lots having common boundaries and owned by the same person or entity.
PARENTAny natural or adoptive parent of a minor, a guardian of a minor, or any adult person who is responsible for the care and custody of a minor.
PARKING LOT, COMMERCIALAn area used for the storage or parking of motor vehicles, not including mobile dwelling units, for any period of time and operated for gain.
PATRONAny person over 16 years of age who receives a tattoo under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.
PATRON AREAThat area of a restaurant or commercial establishment open and accessible to customers, including seated dining areas and standing bar areas, bartop areas, hallways and foyers accessible to customers, customer waiting areas, and recreational facilities areas, and excluding restroom, service, kitchen, storage and office areas. Patron area shall include all exterior areas where service of patrons is permissible.
PAYMENTThe total amount of the fine, court costs and any other costs or assessment added to the fine pursuant to the State of Delaware Victim Compensation Law, Chapter 90 of Title 11, as may be amended from time to time.
PERSONAny individual, natural person, joint- stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them, including an executor, administrator, trustee, receiver, or other representative appointed according to law.
PERSONAL OR PRIVATE INTERESTAn interest in a matter which tends to impair the independent judgment of an official or employee in the performance of his/her duties with respect to that matter; a financial benefit or detriment to accrue to the person or a close relative to a greater extent than such benefit would accrue to others who are members of the same group of persons; a financial interest in a private enterprise, which enterprise or interest would be affected by any such action or inaction on a matter to a lesser or greater extent than like enterprises or other interests in the same enterprise; or an interest which may reasonably be determined to bestow a significant personal benefit or cause a significant personal detriment to the official or employee.
PERVIOUSA material or surface that allows water or other fluids to pass through it and infiltrate into the ground, reducing runoff and helping to recharge groundwater. Pervious surfaces include but are not limited to gravel, porous concrete, or permeable pavers.
PHYSICIANIncludes any person authorized to practice medicine pursuant to the laws of the State of Delaware.
PIERCING or BODY PIERCINGPenetration of the skin for the express intention of the insertion of any object, including but not limited to jewelry; provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this chapter.
PLACEAn open, unoccupied space, other than a street or alley, permanently reserved as a principal means of access to abutting property.
PLANNED DEVELOPMENT DISTRICTA large-scale development which is planned as a means of creating a superior living environment through unified development and achieving the goals of the current Comprehensive Plan.
PLASTIC BAGA plastic or polyethylene bag not less than 1 1/4 mils thick having a tie or twist fastener and containing no more than 30 gallons or 50 pounds when filled.
PLAYHOUSEA small building designed expressly for children to play in. Gross floor area shall not exceed 200 square feet.
PREEXISTING TOWER and PREEXISTING ANTENNAAny tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of the ordinance codified in §
185-90.1, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
A lot or parcel, together with all buildings and structures thereon.
PRIVATE PREMISESAny dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
PROPER FEEDProviding each animal with daily food and water of sufficient quality and quantity to prevent nutritional compromise to the animal's physical well-being and/or unnecessary or unjustifiable physical pain or suffering by the animal.
PROPER SHELTERProvision for each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable exposure, physical pain or suffering by the animal.
PROPOSED WIRELESS FACILITIES MODIFICATIONA proposal submitted by an applicant to modify a support structure which the applicant asserts is subject to review under FCC and state regulations, and involving collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment.
PRUNINGThe selective removal of a portion of one or more branches to maintain tree safety and aesthetics. Pruning includes the removal of dead branches, removal of crowded or rubbing limbs, and elimination of hazards as a corrective or preventive measure.
PUBLIC PLACEAny public street, highway, road, alley, park, playground, wharf, dock, public building, vacant lot or beach.
PUBLIC SANITARY SEWERAGE SYSTEMAny sanitary sewerage system provided and maintained by the county, a municipality, or a utility company which a governmental agency has specifically approved as acceptable.
PUBLIC WATER SYSTEMAny water system provided and maintained by the county, a municipality, or utility company which a governmental agency has specifically approved as acceptable.
RECREATIONAL VEHICLEA vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RECYCLABLESMaterials suitable for recycling according to the Delaware Solid Waste Authority.
REDUCTIONA pruning technique that involves the reduction of the size of a tree, often for clearance for utility lines. Compared to topping, reduction helps maintain the form and structural integrity of the tree.
REFUSEAll nonputrescent solid wastes, excluding ashes, tires or building materials consisting of combustible and noncombustible wastes, including, by way of example, but not limited to: paper, excelsior, cardboard, mattresses, metals, tin cans, crockery, glass, tree branches, tree or shrub trimmings, brambles and similar materials commonly known and referred to as "trash" or "rubbish."
REGISTERED NURSEIncludes any person licensed as a registered nurse pursuant to the laws of the State of Delaware.
REGULATED HOURS65 dBA (from 7:00 a.m. to 9:00 p.m.) or 55 dBA (from 9:00 p.m. to 7:00 a.m.).
REGULATIONSThe whole body of requirements, including text, charts, tables, diagrams, maps, notations, references, and symbols, contained in or referred to in the Municipal Code of the Town of Dewey Beach.
REMAINTo loiter, idle, wander, stroll or play in or upon.
RENTThe consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash credits and property or services of any kind of nature.
RENTAL ROOMA room or group of rooms intended for rental to transient guests on a day-to-day or week-to-week basis, but not intended for use or used more than 120 days during any calendar year and not including cooking facilities.
REPAIR, STRUCTURALIncludes all work done with the purpose of augmenting or replacing components of a building's structural system.
REPLACEMENTA proposal to replace an existing structure without wireless facilities with a new structure and to attach wireless facilities on the replacement structure.
RESIDENCE AND DOMICILEThe true, fixed, and permanent home and place of habitation. It is the single place where one intends to remain and to which one expects to return when one leaves without intending to establish a new domicile elsewhere.
RESTAURANTA commercial establishment whose primary activity is the service of complete meals from a representative menu, subject to the provisions of §
185-25D(1)(a)[1].
Not confined to private property, nor restrained by a rope, leash, chain or other similar means.
SANDWICH BOARDA display that is one- or two-sided, totaling no greater than 16 square feet, and designed to be located in front by the sidewalk adjacent to the entrance of the business, and removed at the end of the business day. Sandwich boards shall not be included in the calculation of permitted signage. Any business using sandwich boards shall not be permitted to have an outdoor display.
SATELLITE ANTENNAA parabolic dish antenna, including its structural supports, used by consumers for home reception (television receivers only) of various satellite television programming signals.
SELF-CONTAINED UNITA building, or part of a building, that has been constructed or adapted for use as a separate living accommodation including sanitary and cooking facilities, or as a separate space for the conduct of a permitted and licensed business, and containing all entrance/exit and sanitary facility requirements for such an operation.
SETBACKAn area extending from the lot lines to the building setback lines within which no buildings or other structures may be erected, except as authorized otherwise by this Code.
SETBACK LINE or BUILDING SETBACK LINEA line parallel to a lot's front boundary line or street line and set back onto the lot by a distance equal to the minimum required front yard setback; a line parallel to a side boundary line or street line and distant from it by the required side yard setback; a line parallel to the rear boundary line or street line and distant from it by the required rear yard setback.
SETBACK, TIEREDA system of determining the minimum building setback(s) for above-grade stories.
SIDEWALKThe portion of a highway, road or street right-of-way specifically constructed for the use of pedestrians on the outside edge of the vehicular travelway. Sidewalks are typically, but not always, curb-separated from the roadway and made of concrete, brick or other hard surface materials.
SIGNA structure, constant in intensity and color, that is arranged, intended, designed, or used as an advertisement, announcement, identification, description, or direction.
SIGN, ADVERTISINGA sign, including a billboard, directing attention to a business located in the Town of Dewey Beach. During the off-summer business season, businesses may advertise other businesses owned by the same ownership outside the Town.
SIGN, CHURCHA sign erected on the property where the church is located for the purpose of displaying the time and date of services and/or meetings. A church shall be permitted to erect one freestanding sign for this purpose. Such sign shall not exceed 12 square feet in area and may not exceed six feet in height. In addition, the property shall have at least one sign that clearly names the church and the religious denomination of said church.
SITE PLANA drawing or set of drawings illustrating a proposed development and prepared in accordance with the specifications of Chapter
185, Article
XI.
Conceptual maps, renderings, and supportive data describing the project proposed by the applicant for initial review prior to submitting an application for subdivision or land development approval.
SMALL CELL FACILITYA. The wireless support structure on which antenna facilities are mounted shall not exceed the Town's height restriction of 35 feet unless the wireless company can prove that the 35 feet height is not sufficient for signal, and in this case shall be:
(1) Fifty feet or less in height including antenna; and
No more than 10% taller than other adjacent structures in the public right-of-way including antenna; and
Not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities, whichever is lesser.
All wireless equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.
The facilities do not require antenna structure registration under 47 CFR Part 17;
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b); and
Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements are cumulatively no more than three cubic feet in volume.
SMOKINGA. The burning of a lighted cigarette, pipe, or any other matter or substance that contains tobacco product, marijuana, or hemp; or
The operation of an electronic smoking device.
SOUND AMPLIFIERAny radio receiving set, microphone, musical instrument, phonograph, speaker(s) or other machine or device for the producing or reproducing of sound.
SOUND LEVELIn decibels, the weighted sound-pressure level measured by the use of a sound-level meter satisfying the requirements of ANSI SI.4, 1971, Specifications for Sound-Level Meters. "Sound level" and "noise level" are synonymous.
SOUND-LEVEL METERAn instrument, meeting ANSI SI.4, 1971, Specifications for Sound-Level Meters, comprising a microphone, an amplifier, an output meter and a frequency-weighting network or networks that is used for the measurement of sound-pressure levels in a specified manner.
SPAA unit containing water primarily designed for nontherapeutic recreational use which is not drained, cleaned or refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air-induction bubbles or any combination thereof. The term "spa" includes, but is not limited to, hot tubs.
SPECIAL FLOOD HAZARD AREAThe land in the floodplain subject to a one-percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AO, and Zone VE. The term includes areas shown on other flood hazard maps that are specifically listed or otherwise described in §
101-4.
The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STEALTH TECHNOLOGYCamouflaging or screening methods applied to wireless facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in a manner appropriate to the site's context and surrounding environment. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
STORYThat portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor next above it, then the space between such floor and the ceiling next above it. For the purpose of determining the number of stories above ground, the following shall be included:
A. Any story having its finished floor surface entirely above grade plane (i.e., a reference plane representing the average of finished ground level within the buildable area);
Any story for which the finished surface of the floor next above is more than six feet above grade plane (or, if in a flood zone, more than six feet above the minimum elevation required by federal and local flood management requirements);
A story having a clearance of seven feet six inches or more at any point under a roof, such as a gambrel or mansard roof, that is suitable for residential use.
STREETA public or private thoroughfare which affords the principal means of access to abutting properties, whether designated as freeway, expressway, highway, road, avenue, boulevard, lane, place, circle, or otherwise.
STREETThe surface of the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way now or hereafter held by the Town in fee, by easement or otherwise, for the purpose of public travel and shall include other easements or rights-of-way now held or hereafter held by the Town which shall, within their proper use and meaning, entitle the Town and the franchisee to the use thereof for the purposes of installing or transmitting CATV system transmissions over poles, wires, cables, conductors, conduits, manholes, amplifiers, appurtenances, attachments, and other structures, equipment, and facilities as may be ordinarily necessary and pertinent to a CATV system.
STREET LINEA dividing line separating a lot, tract, or parcel of land and a contiguous street, and also referred to as "right-of-way line."
STREET, SIDEA street or right-of-way which is not a major street.
STREETSCAPEThe elements within and along the street right-of-way that define its appearance, identity, and functionality, including adjacent buildings and land uses, street furniture, landscaping, trees, sidewalks, and pavement treatments, among others.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as footings, bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, excepting such repair as may be required for the safety of the building.
STRUCTUREThat which is built or constructed, including, without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, trailers or manufactured homes, swimming pools, backstops for tennis courts, pergolas, telecommunications equipment and enclosures, water tanks, towers, open-grade steps, sidewalks or stairways, tents or anything erected and framed to component parts which is fastened, anchored or rests on a permanent foundation or on the ground. For floodplain management purposes, a "structure or building" shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBDIVIDEThe act of selling, conveying, transferring, leasing or assigning any part of a lot or parcel of land.
SUBSTANTIAL CHANGE or NOT AN ELIGIBLE FACILITIES REQUEST FOR SMALL CELL FACILITY IN ROWA proposed wireless facilities modification that meets any of the following criteria:
A. The proposed installation increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.
The proposed installation increases the width by adding appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
The proposed installation requires excavation or expansion outside the current boundaries of the site.
The structure or proposed installation would defeat the concealment elements/measures.
The proposed installation involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. See FEMA P-758, Substantial Improvement/Substantial Damage Desk Reference.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions. See FEMA P-758, Substantial Improvement/Substantial Damage Desk Reference.
SUMMER SEASONThe period commencing at 8:00 a.m. on May 15 of each year and ending at 5:00 p.m. on September 15 of each year.
SURFACE AREAFor the purpose of determining the size of a sign, the measurement shall be the width times the length and shall include any integral part of the sign in the calculations. Lettering affixed on a surface shall be considered signage and shall be computed by measuring the width times length from the outside point of any letters or numbers to determine the square footage of the area encompassing the lettering or numbers. For structures not specifically designed as a sign, such as an awning or gasoline station island, the calculation shall only include the areas covered with lettering or other design material. Frames and structural members not bearing advertising matter shall not be included in the computation of the surface area.
SWIMMING POOLAny structure that is intended for swimming or recreational bathing and contains water over 24 inches deep, including, but not limited to, in-ground, aboveground, and on-ground swimming pools and hot tubs, but not including children's wading pools, ornamental reflecting pools or fish ponds or other types of pools located and designed so as not to create a hazard or be used for swimming or wading. Swimming pool requirements shall also apply to any related equipment, structures, areas and enclosures that are intended for the use of persons using or operating the swimming pool.
TATTOO, TATTOOED AND TATTOOINGRefer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.
TAVERNAny establishment with special space or accommodation for sale by the glass and for consumption on the premises of beer. No new taverns are permitted as per Ordinance No. XXX, DD/MM/YYYY.
TEMPORARY STRUCTUREA building erected for a one-time temporary use, not to exceed four months, usually lacking a permanent foundation, not connected to water and sewer, often with open walls, such as open sheds, produce stands, barbecue pits, lean-tos, and tents of all types, in contradistinction to permanent structures that must conform to the current adopted Building Code. Exception: Contractors may use temporary or portable structures for an on-site office or for storage of materials only during the course of a construction project.
TENTA structure that has a membrane or fabric-type roof that is attached to the ground, deck, patio or similar structure, anchored in a fashion for support and safety; and is enclosed, or will be enclosed, on one or more sides by a roll-down or attached flexible, clear, see-through or similar type of material. Construction of a tent must meet Town and county building requirements and Fire Marshal approval, where required.
TENT, BABYA portable, pop-up shelter measuring no larger than 36 inches by 36 inches by 36 inches, which is enclosed and designed to provide a safe and comfortable outdoor space for babies and young children.
TOPPINGThe indiscriminate cutting of tree branches within a tree's crown to stubs or lateral branches that are not large enough to assume the terminal role to such a degree so as to remove the normal canopy and disfigure the tree. Other names for topping include "heading," "tipping," "hat racking," and "rounding over."
TOWERAny structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
TOWNThe Town of Dewey Beach, 105 Rodney Avenue, Dewey Beach, DE 19971.
TOWNThe Town of Dewey Beach.
TOWN STANDARDSThe Town's Design Standards for Wireless Facilities and Telecommunications Towers as may be amended from time to time.
TRAILER, BOATA trailer used primarily for transporting a vessel, including, but not limited to, all vessels loosely defined as jet skis, canoes, kayaks, sailboats, catamarans, powerboats and rowboats.
TRAILER, CAMPINGA trailer used for camping and not containing lavatory facilities or cooking facilities.
TRAILER, HOUSEA movable or portable dwelling, constructed to be towed on its own chassis, connected to utilities and designed without a permanent foundation for year-round occupancy, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit.
TRAILER, UTILITYA trailer used primarily for hauling various materials, such as appliances, furniture, and yard waste and construction debris, but not for storage of such materials.
TRANSACTIONThe making, executing, delivering, accepting or presenting for recording of a document.
TRANSIENT GUESTAny person who exercises occupancy or is entitled to occupancy of lodging space by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, and including any person who actually physically occupies the lodging space by permission of any other person entitled to occupancy.
TRANSMISSION EQUIPMENTEquipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
TRANSPORTATION NETWORK COMPANY (TNC)A company that uses a mobile application or website to connect riders with drivers. TNC drivers use their personal, noncommercial vehicles with the intention of making a profit. Traditional carpooling or ride-sharing arrangements, whether or not technology-enabled, where driving duties or expenses are shared, are not considered TNCs.
TRASHAny element of garbage and/or refuse as defined hereinabove, and shall include, but not be limited to, any object discarded or deposited on private or public property which any reasonable person may consider to be no longer useful or usable.
TREE STANDA grouping of five or more trees of the same or related species on one or more adjacent parcels of land.
URINATIONThe release of a fluid from the body of an individual either through clothing or directly from an outlet within the body.
UTILITY POLEA structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service, but not including structures owned by a municipal electric utility.
VALUEIn the case of any document granting, bargaining, selling or otherwise conveying any real estate or interest or leasehold interest therein, the amount of the actual consideration thereof, including liens or other encumbrances thereon and ground rents, or a commensurate part of the liens or other encumbrances and ground rents which encumber the interest in real estate and any other interest in real estate conveyed; provided that, in the case of a transfer for an amount less than the highest appraised full value of said property for local real property tax purposes, "value" shall mean the highest such appraised value, unless the parties or one of them can demonstrate that fair market value is less than the highest appraised value, in which case "value" shall mean fair market value, or actual consideration, whichever is greater. A demonstration that the transaction was at arm's length between unrelated parties shall be sufficient to demonstrate that the transaction was at fair market value.
VIOLATIONThe failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in these regulations is presumed to be in violation until such time that documentation is provided.
VOLUNTARY ASSESSMENT PROVISIONThe written agreement or document offered by the Town and signed by the violator wherein agreement is acknowledged to pay by mail or in person the payment for the offense described therein.
WETLAND(S)Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. [From 33 CFR 328, Definitions (c).]
WIRELESS FACILITIES MODIFICATIONAnd refer to any proposed facilities modification that has been determined pursuant to the provisions of this chapter to be subject to this chapter and which does not result in a substantial change in the physical dimensions of a support structure.
WIRELESS SERVICEShall be defined in the same manner as in Title 47, United States Code, § 332(c)(7)(C), as may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications, services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless service facilities.
WIRELESS SUPPORT STRUCTUREAny pole, monopole (either guyed or self-supporting), light pole, traffic signal, sign pole, telescoping mast, tower, tripod, utility pole or other structure which supports or is capable of supporting a device used in the transmitting or receiving of radio frequency signals. For purposes of requesting consent for a microcell facility, the term "wireless support structure" excludes a municipal electric utility pole, or other structure owned or operated by a municipal electric utility.
YARDThe area extending between the lot lines and respective building setback lines on a lot or parcel. To avoid confusion: any portion of a yard that lies both in the front yard and a side yard shall meet any and all front yard requirements; any portion that lies in both the rear yard and a side yard, the rear yard requirements.
YARD WASTEGrass, leaves, prunings, brush, shrubs, garden material, Christmas trees, and tree limbs up to four inches in diameter.
