[1]
Editor's Note: This ordinance also provided for all definitions
incorporated into other sections of the Code to be moved and included
as part of this article, so as to have all of the definitions in a
single location.
The general rules of construction shall apply to the regulations
of this Code:
A.Â
The singular number includes the plural, and the plural, the singular,
unless the context clearly indicates the contrary.
B.Â
Words used in the present tense include the past and future tenses,
and the future, the present.
C.Â
The word "shall" is always mandatory. The word "may" is permissive.
D.Â
The word "building" or "structure" includes any part thereof, and
the word "building" includes the word "structure," and the word "structure"
includes "building."
E.Â
Words and terms not defined herein shall be interpreted in accord
with their normal dictionary meanings and customary usage.
As used in this Code, the following terms shall have the meanings
indicated:
A person:
Forsaking or deserting any domesticated feline once said feline
has been taken into the custody of a person; or
Who fails to provide proper care, proper feed, proper shelter
and proper veterinary care of a domesticated feline; or
Who transfers the custody of a domesticated feline to a third
party without making reasonable and realistic arrangements, the implementation
of which would assure that the proper care, proper feed, proper shelter
and proper veterinary care of said feline would be provided and that
said arrangements were fully known to, understood by and willingly
assumed by said third party.
A 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.
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
A 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."
Any 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.
A tax on the gross proceeds derived from the rental of accommodations,
excluding customary pet fees, cleaning fees and utilities.
The Cable Communications Act of 1984, 47 U.S.C. § 521-599.
The sum of two or more designated areas or widths to be measured,
limited, or determined under the provisions of this Code.
Any business which alters, installs, leases, maintains, monitors,
repairs, replaces, sells at retail, services, or responds to an exterior
alarm system.
The activation of an exterior alarm system.
Any 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.
A 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.
A retail type businesses for which customer access is via
an alley.
See "accessory use."
The American National Standards Institute or its successor
bodies.
Any 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.
[Added 3-2-2021 by Ord.
No. 761]
The 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.
[Added 3-2-2021 by Ord.
No. 761]
Any 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.
[Added 3-2-2021 by Ord.
No. 761]
A 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.
The residue from the burning of wood, coal, coke or other
combustible materials.
A 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.
A 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.
A 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.
The 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").
The 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).
The 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.
Refer 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.
[Added 3-2-2021 by Ord.
No. 761]
Any area of the building having its floor subgrade (below
ground level) on all sides.
A 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."
A 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.
That 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.
An 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.
Any 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.
The Dewey Beach Board of Adjustment, unless specifically
noted otherwise.
An 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.
A 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.
A 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.
Depending 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.
The width of that part of a lot not included within the yards
or open spaces required by the Town Zoning Code.
Any structure having a roof supported by columns or walls
and used primarily for the housing or enclosure of persons or property
of any kind.
The 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.
A 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.
See "district."
A 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.
The 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.
A detachable, roof-like cover supported from the ground,
deck, or floor or walls of a building for protection from sun or weather.
A 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.
[Added 3-2-2021 by Ord.
No. 761]
The 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.
A 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.
A 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.
Buildings 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.
An 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.
The 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.
The 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.
[Added 3-2-2021 by Ord.
No. 761]
Any 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:
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.
A portion of a building or structure set aside for commercial
use and being self-contained. (See "self-contained unit.")
Building types which include the distribution and sale or
rental of goods and the provision of services.
The Commissioners of the Town of Dewey Beach, Delaware.
Any 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.
Wireless support structures and transmission facilities designed
to look like some feature other than a tower or base station.
[Added 3-2-2021 by Ord.
No. 761]
Construction 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.
Work 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.
The combining of labor and material into any portion of the
structure, on the site thereof, not including grading or staking.
A rigid metal, plastic or vinyl receptacle, with a fitted
cover.
Tracts of land that share one or more common boundaries.
Any appliances or equipment provided for the purpose of food
preparation, with the exception of a microwave, refrigerator and/or
coffee maker.
An area wholly or partly surrounded by walls or buildings
and open to the sky.
Space 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.
Every act or omission to act whereby physical pain or suffering
is caused or permitted.
Any treatment whereby physical pain or suffering is caused
or permitted.
The neglect of any feline, which is under the care, control
or in the possession of the neglecter, whereby pain or suffering is
caused or when the actions of the custodian result in abandonment
as defined herein.
The intentional or reckless mistreatment or neglect of a
feline whereby physical pain or suffering is caused. By way of example,
"pain or suffering" shall, without limitation, include:
A 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.
A feline shall be in a person's "custody" and a person shall
be the custodian of a feline when a person accepts the responsibility
for the welfare of a feline or has a feline in their possession, regardless
of whether it is being detained forcibly, through an act of trapping
or other means, and whether or not the person owns the feline.
A state-licensed center which provides care or instruction
for more than six children and operates on a regular basis.
The 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.
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.
Those 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."
[Added 3-2-2021 by Ord.
No. 761]
Any 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.
A 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.
Any section of the Town of Dewey Beach in which zoning requirements
are uniform.
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:
Any will;
Any lease other than those described or defined in Subsection B below;
Any mortgage;
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:
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.
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.
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:
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.
A 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.
Any 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.
Any 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.
A 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.
A 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.")
Any 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.
A 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.
A 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.
Two 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.
A 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.
A 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.
Social 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).
The 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)
Any tower or base station that is existing at the time the
proposed eligible wireless facilities modification application is
filed with the Town.
[Added 3-2-2021 by Ord.
No. 761]
Any 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.
Includes all employees of the Town of Dewey Beach.
An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access, or storage, in an area other
than a basement.
A corporation, association, person or partnership of persons.
Any alarm device which sounds or elicits an alarm signal
which is located on the exterior of any building.
The Federal Aviation Administration.
[Added 3-2-2021 by Ord.
No. 761]
Something that is built, installed or established to serve
a particular purpose.
Any alarm signal:
An 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.
The Federal Communications Commission.
[Added 3-2-2021 by Ord.
No. 761]
That agency as presently constituted by the United States
Congress or any successor agency with jurisdiction over CATV matters.
The federal agency with the overall responsibility for administering
the National Flood Insurance Program.
As defined below:
DOMESTICATEDA feline under the care, control and custody of a person.
FERALA feline not under the care, control and custody of a person.
A 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)
A retail establishment that provides retail sales of gasoline
and diesel fuels and possibly provides routine motor vehicle services
and operation of a convenience store.
An interest which a person has if:
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.
One 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).
An 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.
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.
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.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
All 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:
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.
Any 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.
Any land area susceptible to being inundated by water from
any source. (See "flood or flooding.")
The 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)
The 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.
That 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)
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.
General 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.
The distance for which the front boundary line of the lot
and the street line are coincident.
All 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.
A 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.
Any game in which chance is the dominant factor in determining
the allocation or awarding of a prize.
An 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.
A garage intended to be used for temporary parking of passenger
cars and trucks and available for public use.
Putrescent animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The elevation of the crown of the roadway or alley accessway
abutting the property taken at the center point of the lot frontage.
Open, vegetated land valuable for wildlife, amenity, or recreation
purposes, within or adjoining a built-up area. It may include previously
used or undeveloped land.
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.[1]
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.[2]
All 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.
A 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.
[Amended 7-13-2018 by Ord. No. 743]
Includes 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.
For the purpose of this Code, the highest natural elevation
of the ground surface prior to construction next to the proposed walls
of a structure.
Any structure that is:
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.
Any 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.
A 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.
An 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.
Out 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.
Dilapidated 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.
To harbor, care for, own, shelter or in any way maintain.
Any 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.
A 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.
An interactive display or terminal which provides a service.
A 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.
 |
A type of mount that is self-supporting with multiple legs
and cross bracing of structural metal.
[Added 3-2-2021 by Ord.
No. 761]
A business that provides washing, drying and/or ironing machines
or dry-cleaning machines for use by customers on the premises.
An 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:
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.
A 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.
A 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.
The total horizontal area within the lot lines of the lot.
That 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%.
The boundary line of a lot.
The 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.
A lot abutting upon two or more streets at their intersection.
The average horizontal distance between the front and rear
lot lines.
The portion of a lot facing and fronting on a street, road
or alley accessway.
A lot other than a corner lot.
A lot having a frontage on two approximately parallel streets.
The 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.
A 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.
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.
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.
A 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.
Any application, petition, request, business dealing, contract,
subcontract or any other transaction of any sort with the Town of
Dewey Beach.
Any person under the age of 18 years.
A modification of an existing wireless facility which does
not substantially change the size of the structure or wireless facility.
[Added 12-2-2021 by Ord.
No. 778]
A 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.
The structure or surface upon which personal wireless service
facilities are mounted. There are three types of mounts:
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.
[Added 3-2-2021 by Ord.
No. 761]
A 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.
See "dwelling, multifamily."
A 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.
A proposal to install a new structure where none exists and
to attach wireless facilities on the new structure.
[Added 12-2-2021 by Ord.
No. 778]
Buildings and structures for which the start of construction
commenced on or after June 18, 1982, including any subsequent improvements
to such structures.
Any 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.
The intensity, frequency, duration and character of sound,
including sound and vibration of subaudible frequencies.
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.
Any 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.
A building which does not conform with the height, area,
or other bulk zoning standards of the district in which it is located.
The 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.
Any 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."
The 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.
[Added 3-2-2021 by Ord. No. 760]
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.
Any 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.
Any 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.
Eastern Standard Time or when it means Eastern Daylight Saving
Time.
That 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.
Any 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.
A rule, regulation or law adopted by the Town Commissioners.
Includes any person authorized to practice osteopathic medicine
pursuant to the laws of the State of Delaware.
Any representative sample display of merchandise sold by
a business displayed outside on the business owner's property.
A 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.
A 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.
Any lot or lots having common boundaries and owned by the
same person or entity.
Any 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.
An area used for the storage or parking of motor vehicles,
not including mobile dwelling units, for any period of time and operated
for gain.
Any 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.
That 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.
The 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.[3]
Any 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.[4]
[Amended 3-2-2021 by Ord. No. 760; 3-12-2021 by Ord. No. 762]
An 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.
Includes any person authorized to practice medicine pursuant
to the laws of the State of Delaware.
Penetration 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.
An open, unoccupied space, other than a street or alley,
permanently reserved as a principal means of access to abutting property.
A 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.
A plastic or polyethylene bag not less than 1Â 1/4 mils
thick having a tie or twist fastener and containing no more than 30
gallons or 50 pounds when filled.
A small building designed expressly for children to play
in. Gross floor area shall not exceed 200 square feet.
Any 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.
[Added 3-2-2021 by Ord.
No. 761]
A lot or parcel, together with all buildings and structures
thereon.
Any 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.
Providing 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.
Provision 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.
Provision for veterinary care for each feline sufficient
to prevent physical pain or suffering by the feline.
A 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.
[Added 3-2-2021 by Ord.
No. 761]
The 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.
Any public street, highway, road, alley, park, playground,
wharf, dock, public building, vacant lot or beach.
Any sanitary sewerage system provided and maintained by the
county, a municipality, or a utility company which a governmental
agency has specifically approved as acceptable.
Any water system provided and maintained by the county, a
municipality, or utility company which a governmental agency has specifically
approved as acceptable.
A 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.
Materials suitable for recycling according to the Delaware
Solid Waste Authority.
A 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.
All 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."
Includes any person licensed as a registered nurse pursuant
to the laws of the State of Delaware.
65 dBA (from 7:00 a.m. to 9:00 p.m.) or 55 dBA (from 9:00
p.m. to 7:00 a.m.).
The 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.
To loiter, idle, wander, stroll or play in or upon.
The 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.
[Added 3-2-2021 by Ord. No. 760]
A 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.
Includes all work done with the purpose of augmenting or
replacing components of a building's structural system.
A proposal to replace an existing structure without wireless
facilities with a new structure and to attach wireless facilities
on the replacement structure.
[Added 12-2-2021 by Ord.
No. 778]
The 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.
The occupancy of any dwelling unit with an exterior alarm
system.
A 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].
See "tourist home."
Not confined to private property, nor restrained by a rope,
leash, chain or other similar means.
A 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.
A parabolic dish antenna, including its structural supports,
used by consumers for home reception (television receivers only) of
various satellite television programming signals.
A 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.
Any injury to any feline which creates a substantial risk
of death or causes prolonged impairment of health or prolonged loss
or impairment of the function of any bodily organ or part.
An 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.
A 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.
A system of determining the minimum building setback(s) for
above-grade stories.
Mandatory.
The 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.
A structure, constant in intensity and color, that is arranged,
intended, designed, or used as an advertisement, announcement, identification,
description, or direction.
A 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.
A 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.
See "dwelling, single-family detached."
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.
[Added 3-2-2021 by Ord. No. 761; 12-2-2021 by Ord. No. 778]
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:
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.
The burning of a lighted cigarette, cigar, pipe or any other
matter or substance that contains tobacco.
Any radio receiving set, microphone, musical instrument,
phonograph, speaker(s) or other machine or device for the producing
or reproducing of sound.
In 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.
An 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.
A 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.
The 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.
Camouflaging 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.
[Added 3-2-2021 by Ord.
No. 761]
That 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:
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.
A 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.
The 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.
A dividing line separating a lot, tract, or parcel of land
and a contiguous street, and also referred to as "right-of-way line."
A street or right-of-way which is not a major street.
The 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.
Any 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.
That 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.
The act of selling, conveying, transferring, leasing or assigning
any part of a lot or parcel of land.
A proposed wireless facilities modification that meets any
of the following criteria:
[Added 3-2-2021 by Ord.
No. 761; amended 12-2-2021 by Ord. No. 778]
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.
Damage 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.
Any 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.
The 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.
For 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.
Any 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.
Refer 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.
Any 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.
A 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.
A 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.
[Added 2-17-2023 by Ord. No. 800]
The 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."
A dwelling having fewer than six rental rooms, without cooking
facilities, for transient guests.
Any 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.
[Added 3-2-2021 by Ord.
No. 761]
The Town of Dewey Beach, 105 Rodney Avenue, Dewey Beach,
DE 19971.
The Town of Dewey Beach.
The Town's Design Standards for Wireless Facilities
and Telecommunications Towers[5] as may be amended from time to time.
[Added 3-2-2021 by Ord.
No. 761; amended 12-2-2021 by Ord. No. 778]
See "dwelling, townhouse."
A 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.
A trailer used for camping and not containing lavatory facilities
or cooking facilities.
A 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.
A trailer used primarily for hauling various materials, such
as appliances, furniture, and yard waste and construction debris,
but not for storage of such materials.
The making, executing, delivering, accepting or presenting
for recording of a document.
Any 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.
Equipment 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.
[Added 3-2-2021 by Ord.
No. 761]
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.
[Added 2-13-2016 by Ord.
No. 726]
Any 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.
A grouping of five or more trees of the same or related species
on one or more adjacent parcels of land.
The release of a fluid from the body of an individual either
through clothing or directly from an outlet within the body.
A 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.
[Added 3-2-2021 by Ord.
No. 761]
In 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.
The 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.
The 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.
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).]
And 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.
[Added 3-2-2021 by Ord.
No. 761]
All antenna, transmission equipment or other wireless devise
or equipment used to provide wireless service.
[Added 3-2-2021 by Ord.
No. 761]
Shall 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.
[Added 3-2-2021 by Ord.
No. 761]
Any 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.
[Added 3-2-2021 by Ord.
No. 761]
The 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.
 |
Grass, leaves, prunings, brush, shrubs, garden material,
Christmas trees, and tree limbs up to four inches in diameter.
