[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island 8-18-1956 by Ord. No. 4. Amendments noted where
applicable.]
[Amended 2-22-2013]
For the purpose of promoting health, safety,
morals and the general welfare of the inhabitants of the Town of Fenwick
Island, Delaware, and pursuant to the provisions of the Charter of
the said Town and the provisions of Title 22, Delaware Code of 1953,
Chapter 3, entitled "Municipal Zoning Regulations," the Town Council
of the Town of Fenwick Island, Delaware enacts the Zoning Ordinance
of the Town of Fenwick Island, Delaware as follows.
A.
Words used in the present tense include the future;
words in the singular number include the plural number; the word "lot"
includes the word "plot"; the word "building" includes the word "structure";
the word "shall" is mandatory and directory.
B.
For the purpose of this chapter, certain terms and
words are defined as follows:
- ACCESSORY BUILDING
- A subordinate building which is totally detached from the main building, located in and occupying not more than 35% of the rear yard; the use of which is incidental to that of the main building and which does not exceed a height of 15 feet above the ground level at the location where it is placed.
- ADVERTISING STRUCTURE
- Any sign, billboard or other object or structure serving primarily for advertising purposes.
- ALLEY
- A public way designed as an alley on the record plat or dedicated as such by deed.
- APARTMENT
- A set of rooms with housekeeping facilities and used as a
dwelling for a single family.[Amended 9-23-2005; 2-22-2013]
- APARTMENT BUILDING
- Any structure containing two or more apartments; not applicable
to mixed use in a building designed specifically for residential use.[Added 9-23-2005; amended 2-22-2013]
- BUILDING
- A structure having a roof supported by columns, posts or walls which is utilized for the shelter, support or enclosure of persons, animals or chattels, provided that this definition shall not be construed so as to include a trailer, travel trailer, recreational vehicle or mobile home, irrespective of whether or not the trailer, travel trailer, recreational vehicle or mobile home is mounted on wheels or otherwise supported.
- BUILDING LIMIT LINE
- A line beyond which the front wall of a building shall not project, except as provided in § 160-6.
- BUSINESS
- Nonresidential activity, employment, occupation, trade, profession
or enterprise, whether for profit or not, in which an individual(s)
is willing to invest time and/or capital on future outcome.[Added 2-23-2018]
- COMMERCIAL CELL PHONE COMMUNICATIONS FACILITIES
- A commercial cell phone site or tower where antennas and
any related electronic equipment are placed on structures, such as,
but not limited to, a radio mast, tower or other raised structure,
to increase a cell or cells in a cellular network.[Added 6-23-2017]
- COMMISSION
- The Zoning Commission of the Town of Fenwick Island.
- COURT
- An open, unoccupied space on the same lot with a building, opening upon a street, alley, yard or setback.
- CURB LEVEL
- The mean level of the established curb in front of the building.
- DEPTH OF LOT
- The mean horizontal distance between the front lot line and the rear lot line.
- DISTRICT
- Area within a particular zoning classification; a zone.
- (1) A building constructed for occupancy as a single-family residence, having:
- (a) A living room area, a dining room area and one kitchen for food preparation, individually or in combination; and
- (b) A maximum of six bathrooms total, at least one of which must be a half bathroom and which cannot be a full bathroom, as such terms are defined below:[Amended 12-9-2016]
- (c) Up to eight additional rooms, not including storage, utility or laundry rooms, of which five or less are bedrooms; and
- (d) All enclosed living space on no more than two floor levels, not including a ground level used for storage, garage and/or entrance foyer, above a foundation of piling, cement blocks or poured concrete.
- (a)
- (2) This definition shall not be construed so as to include a trailer, travel trailer, recreational vehicle or mobile home, irrespective of whether or not the trailer, travel trailer, recreational vehicle or mobile home is mounted on wheels or otherwise supported.
- FAMILY
- 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 or a group of not more than five persons
living together by joint agreement and occupying a single housekeeping
unit with single culinary facilities on a non-profit, cost-sharing
basis.[Amended 2-22-2013]
- FIXED ITEMS
- Any items, including but not limited to decks, walkways,
boardwalks, sheds and trash enclosures, which are designed to be a
permanent part of the property.[Added 4-25-2014]
- FLOOR AREA
- The total square footage of all horizontal floor areas of
a detached single-family dwelling measured from outside walls or limits,
including all enclosed areas and structures located more than 12 inches
above ground, including, by way of example and not of limitation,
decks, porches, balconies and residential pools, but excluding the
following:[Added 6-23-2006]
- (1) Uninhabitable attics.
- (2) Enclosed ground level storage areas, entries, foyers, utility rooms and crawl spaces that are below FEMA defined floodplain elevations.
- (3) Uncovered ground-level decks and boardwalks.
- (4) Unenclosed ground-level spaces that may be under pilings.
- (5) Accessory buildings.
- (6) Half the area of unenclosed uncovered decks and pools and all the area of unenclosed, uncovered roof-top decks.
- FLOOR AREA RATIO (FAR)
- The percentage obtained by dividing the floor area of a single-family
dwelling by the lot area on which it is located.[Added 6-23-2006]
- GARAGE, PRIVATE
- A garage for storage only with capacity for not more than
three motor-driven vehicles, only one of which may be a commercial
vehicle.[Amended 2-22-2013]
- GARAGE, PUBLIC
- Any building or premises used for housing or care of more
than three motor-driven vehicles, or more than one commercial vehicle,
or where any such vehicles are equipped for operation, repaired or
kept for remuneration, hire or sale.[Amended 2-22-2013]
- GROUND LEVEL
- Any area not more than 12 inches above the ground as measured
from the ground to the top of the finished surface.[Added 6-23-2006]
- HEIGHT OF BUILDING
- The vertical distance measured from the highest point of the crown of that portion of the street or road which is immediately adjacent to and abutting the property on which the building is to be erected to the elevation of the highest point of the building.
- HOME OCCUPATION
- An occupation in connection with which there is no display (other than signs otherwise herein provided for), that will indicate from the exterior that the building is being utilized in whole or part for any purposes other than that of a dwelling; in connection with which there is kept no stock-in-trade nor commodity sold upon the premises, no person employed other than a member of the immediate family residing in the premises, and no mechanical equipment used except such as is permissible for purely domestic or household purposes.
- IMPROVED LOT
- A parcel, lot, tract or area of land to which any man-made
changes or improvements have been made, examples of which include,
but are not limited to, the construction of a structure, primary building
or accessory building, paving, grading, landscaping, construction
of a park and/or the installation of utilities.[Added 2-23-2018]
- LOT
- A measured portion of land having three or more sides that form an enclosure designated by boundaries as set forth in a plot or survey, and having its frontage on a public street.
- LOT AREA
- The total square footage of land contained within its legally
defined lot lines, excluding any area within any public right-of-way.[Added 6-23-2006]
- LOT, CORNER
- A lot fronting on two or more streets intersecting at an
angle.[Amended 2-22-2013]
- LOT, INTERIOR
- A lot with frontage on but one street.
- LOT LINES
- Lines bounding a lot.
- LOT, THROUGH
- A parcel extending through a block from one street to another.
- MECHANICAL EQUIPMENT
- Any equipment, including, but not limited to, heat pump,
hvac system, air-conditioning equipment, emergency generators, or
aboveground propane or fuel tanks, used in connection with a residential
or commercial building.[Added 6-23-2017]
- MOBILE HOME
- A structure which is 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.
- MOTEL/HOTEL
- A building containing no less than 16 nor more than 65 sleeping
rooms occupied by transient persons as guests for compensation on
a daily basis. Each motel/hotel building shall include an on-site
management and reception area, daily housekeeping services, and a
lighted exterior sign identifying the name of the motel/hotel and
the vacancy/no vacancy status. Sleeping rooms may be offered individually
or in combination in suites.[Amended 9-23-2005[1]; 12-11-2015]
- NONCONFORMING USE
- A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or an amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment, or prior to the
application of this chapter or amendment, by reason of its location.[Amended 7-26-1996 by Ord. No. 77]
- OFFICE
- A place where business is transacted or a service is supplied. An "office" may be the directing headquarters of an organization or a place in which a professional person conducts his or her professional business.
- POOLS, RESIDENTIAL
- Any permanent outdoor recreational structure, including spas
and hot tubs, that can contain 24 inches or more in depth of water.[Added 4-23-2004]
- PRIMARY BUILDING
- The main building on a lot; the building in which is conducted
the principal use of the lot on which it is located and which, in
the Residential Zone, is the residential structure on the lot with
the largest gross floor area.[Added 2-23-2018]
- PRIMARY STRUCTURE
- That which is built or constructed, an edifice or building
of any kind or any piece of work artificially built up or composed
of parts joined together in some manner. The term "structure" shall
be construed as if followed by words "or part thereof."[Added 2-23-2018]
- PROFESSIONAL BUSINESS
- The business conducted by a professional person.
- PROFESSIONAL OFFICE, RESIDENTIAL ZONE
- A place in which a professional person conducts his or her professional business and which shall be subject to all the same conditions and restrictions as those which are contained within the definition of home occupation listed above.
- PROFESSIONAL PERSON
- Those individuals who are duly licensed by the State of Delaware
to practice their occupations and including but limited to physicians,
optometrists, dentists, attorneys, architects, surveyors, engineers,
insurance agents, accountants, stock brokers, commodity brokers and
real estate brokers.[Amended 2-22-2013]
- PUBLIC BUILDING
- Any building held, used or controlled exclusively for public purposes by any department or branch of government, state, county or municipal, without reference to the ownership of the building or of the realty upon which it is situated.
- RENEWABLE ENERGY SYSTEM
- Energy generated from natural resources, such as but not
limited to sunlight, wind and geothermal heat, which are renewable
(naturally replenished).[Added 5-29-2009]
- RESIDENTIAL WEATHER STATION
- Basic weather station that measures wind speed, wind direction,
outdoor and indoor temperatures, outdoor and indoor humidity, barometric
pressure, rainfall, and UV or solar radiation which is commonly wall-mounted
or attached to the roof of a house not to exceed two feet in height
above the maximum roof height.[Added 12-7-2018]
- SMALL WIND ENERGY SYSTEM
- A wind energy conversion system consisting of a wind turbine
(rotor, blades, generator, alternator, tail), a tower, and associated
control or conversion electronics and which is intended primarily
to reduce on-site consumption of utility power.[Added 8-28-2009]
- STORY
- That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between such floor and the ceiling above it, provided that a cellar shall not be considered a "story."
- STREET
- A paved thoroughfare for public access.[Amended 2-22-2013]
- STRUCTURAL ALTERATIONS
- Any change in the supporting members of a building, such
as but not limited to bearing walls, columns, beams or girders, excepting
such alterations as may be required for the safety of the building.[Amended 2-22-2013]
- TOTAL HEIGHT (SMALL WIND ENERGY SYSTEM)
- The distance measured from ground level (including the wind
turbine itself) to its highest point.[Added 8-28-2009]
- TOWN
- Town of Fenwick Island, Delaware.
- TOWNHOUSE
- A single-family dwelling forming one of a group or series of two to four attached single-family dwellings separated from one another by a fireproof party wall(s).
- UNINHABITABLE ATTIC
- The area between roof framing and the ceiling of the rooms
below that is not habitable but may be reached by ladder or pull-down
stairs/ladder only and used for storage and mechanical equipment.[Amended 2-22-2013]
- VEGETATIVE STORMWATER BUFFER
- An area of land maintained in a permanent vegetative state
that functions to intercept stormwater runoff. Such buffers must be
designed by an engineer who is duly registered and licensed in the
State of Delaware.[Added 7-24-2015]
- YARD, REAR
- The area between the rear line of a building and the rear
lot line.[Amended 2-22-2013]
- YARD, SIDE
- An open, unoccupied space on the same lot with a building between the building and the side lot lines and extending the complete depth of the lot from the front property line to the rear property line.
- ZONE
- An area for which the regulations governing the use of buildings and the premises are identical; a district.
[1]
Editor's Note: This ordinance replaced the
former separate definitions of "hotel" and "motel" in this section.
[Amended 5-18-2012]
A.
For the purposes of this chapter, the Town is hereby divided into
three zones: Commercial, Parks and Residential. The boundaries of
the zones are set forth on a map posted in the Town Hall.
B.
The Commercial Zone is designated in yellow. More specifically, the
Commercial Zone extends to a depth of 150 feet on the west side of
Route No. 1 between Delaware Avenue and James Street, and to a depth
of 130 feet on the east side of Route No. 1 between Atlantic Street
and James Street.
C.
The Parks Zone is designated in green. More specifically, the Parks
Zone shall include public or private sites designated for use as a
park and used for recreational activities common to a park such as,
but not limited to, playgrounds, sports, kayaking and other recreational
uses.
D.
All remaining land in the Town of Fenwick Island, Delaware, is zoned
Residential.
A.
Use regulations. Unless hereinafter provided, no building
or premises shall be used and no building or structure shall be hereafter
erected, altered or repaired except for one or more of the following
uses. No mobile home (manufactured home, as designated by FEMA) as
defined in this chapter shall be permitted to be placed or located
on any lot within the corporate limits of the Town of Fenwick Island.
[Amended 7-26-1996 by Ord. No. 77]
(1)
One detached dwelling, single-family.
[Amended 5-31-2002]
(2)
Accessory building or private garage and uses incident
to the above-mentioned single-family dwelling when located on the
same lot and not involving the conduct of a retail or wholesale trade,
and including:
(a)
One accessory building, which shall be located
not less than seven feet from the side lot line, not less than four
feet from the rear lot line, except that in the case of a corner lot
it shall be located not less than 15 feet from the side lot line which
is adjacent to and abutting the street.
(b)
One private garage.
[1]
When constructed as an integral portion of the
main single-family residence structure, the building limit line setback
requirements shall be the same as those which apply to the main structure.
[2]
When constructed as a detached garage (separate
individual building), it shall be located not less than 60 feet from
the front property lot line, not less than seven feet from any rear
or side lot line, except that in the case of a corner lot it shall
be not less than 15 feet from the side lot line adjacent to the street.
The height of the garage shall not exceed 15 feet above existing ground
contour level at the garage site location.
(c)
Home occupations, provided that no sign or signs
shall be displayed on the premises so used exceeding a total of three
square feet in area.
(d)
Professional office when situated in the building
used by a practitioner as his or her private dwelling, provided that
no nameplate shall be displayed exceeding one square foot in area
and containing the name and occupation of the resident of the premises.
(e)
Residential pools.
[Added 5-28-2004]
[1]
The building line setback requirements for pools
shall be the same as those which apply to the main structure for that
property.
[2]
Every unenclosed portion of a residential pool
shall be protected by a continuous safety barrier consisting of county-approved
fencing or its equivalent. Fencing which is part of such a required
pool safety barrier may be up to six feet. Barriers are not required
for hot tubs or spas when a cover is provided.
[Amended 2-22-2013]
B.
Height regulations.
[Amended 7-26-1996 by Ord. No. 77; 4-1-2016; 12-7-2018]
(1)
No building shall exceed a height of 30 feet, except as provided in § 160-8A(2) and § 160-9A(2). Mechanical equipment and any other items attached to or mounted onto a building, with the exception of one residential weather station per house, shall be included in the calculation of a building's height.
(2)
No flagpole shall exceed a height of 32 feet.
(3)
Notwithstanding § 160-4B(1) above, where the principal building has a freeboard of 18 inches to 24 inches above base flood elevation (BFE), the principal maximum building height may be increased by said 18 inches to 24 inches, not to exceed a total building height of 32 feet measured from the highest point of the crown of the road.
C.
Area regulations. The minimum dimensions of yards and the minimum lot area, except as provided in § 160-8, shall be as follows:
[Amended 5-31-2002; 6-23-2006; 7-27-2007; 2-22-2013]
(1)
Lot area. Each dwelling erected after July 11, 1956, in this zone shall occupy a lot with a minimum area of 5,000 square feet and a minimum width of 50 feet at the front building line, except as provided in § 160-8A(3). No lot area shall be so reduced or diminished by this chapter.
(2)
Front building limit line. The building limit line
shall be set back from the front property line a minimum of 25 feet.
(3)
Side yard. There shall be a side yard of not less than seven feet in width on each side of a main building, and eaves shall be set back not less than six feet from the side property line, excepting that in the case of a corner lot the side yard adjacent to and abutting the side street shall be not less than 15 feet in width, eaves setback not less than 14 feet from the side property line and further excepting as provided in § 160-6A(3) and (7) of this chapter.
(4)
Rear yard building limit line.
(a)
Rear yard building limit line shall be 20 feet
from rear property line.
(b)
In the case where the rear property line extends
beyond an established bulkhead, the building limit line shall be 20
feet as measured from the bulkhead.
(c)
In the case where the bulkhead extends beyond
the property line, the building limit line shall be measured 20 feet
from the property line.
(d)
In the case where the rear property is riprapped,
the rear building limit line shall be measured from the established
surrounding bulkhead line or the average high water line as determined
by the Building Official.
(5)
Any mechanical equipment shall be prohibited in the side yard setbacks.
Such equipment shall be allowed to encroach into the rear yard and
front yard setbacks to a line not less than 10 feet from the rear
property line and to a line not less than 16 feet from the front property
line. Mechanical equipment located in any rear or front yard setback
shall be screened from view with screening that has openings constituting
between 20% and 30% of the total surface area of the screening to
provide for the flow-through of air. A detailed design drawing of
the mechanical equipment, together with any required screening, shall
be submitted with the application for a building permit.
[Added 6-23-2017[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(5) and (6) as Subsection C(6) and (7), respectively.
(6)
No dwelling shall be built on a lot or plot which
does not front directly on a public street, road or highway.
(7)
Floor area ratio and floor area. For a detached single-family
dwelling, the maximum floor area ratio shall be 70% and the maximum
floor area shall be 7,500 square feet.
D.
Minimum size of dwelling erected on a lot; valuation
thereof. No building erected, maintained or occupied in this zone
exclusive of accessory buildings shall occupy less than 750 square
feet of a lot nor have a fair valuation of less than $50,000.
A.
Use regulations. Unless herein provided, no building
or premises shall be used or any building or structure be hereafter
erected, altered or repaired in the Commercial Zone except for one
or more of the following uses:
[Amended 1-27-1995; 7-26-1996; 4-28-2000; 10-20-2000; 11-15-2002; 5-23-2003; 9-23-2005; 6-23-2006; 7-27-2007; 5-20-2011; 7-22-2011; 2-22-2013]
(1)
Any use permitted in the Residential Zone.
(2)
Retail store or personal services shop (not including activities
requiring outdoor use of power tools or animal veterinary treatment
and/or sale).
[Amended 8-24-2018]
(3)
Professional offices and banks.
(4)
Motels/hotels.
(5)
Utility buildings.
(6)
Educational, religious and fraternal/service organizations.
(7)
Vehicle filling or service station, subject to the following requirements:
(a)
When such use abuts the side and/or rear line of a lot in any
Residential Zone, a solid wall or substantial, solid fence seven feet
in height shall be constructed and maintained along said lot line.
(b)
When such use occupies a corner lot, the ingress or egress driveways
shall be located at least 20 feet from the intersection of the front
and side street intersection of the front and side street lines of
the lot, and such driveways shall not exceed 25 feet in width.
(c)
Gasoline pumps or other service appliances shall be located
on the lot at least 10 feet behind the building limit line; and all
service, storage or similar activities in connection with such use
shall be conducted entirely within the premises.
(d)
A lot shall not be used for a vehicle filling station if it
is within 300 feet of a public park or playground or a hospital.
(8)
Farmers' market.
(a)
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
- FARMERS' MARKET
- An open outdoor market setting whereat fresh agricultural items, horticultural items, baked goods, seafood and/or other fresh food items that have been locally grown, produced or processed by vendors who are members of the Fenwick Island Farmers' Market may be sold.
- FENWICK ISLAND FARMERS' MARKET
- The nonprofit organization consisting of community volunteers and local growers, which has been sanctioned by the Town Council of the Town of Fenwick Island and the Delaware Department of Agriculture.
- RULES AND REGULATIONS OF THE FENWICK ISLAND FARMERS' MARKET
- The rules and regulations imposed by the Fenwick Island Farmers' Market nonprofit organization.
- VENDORS
- Persons or entities selling only agricultural, horticultural, baked goods, seafood and/or other fresh food items that they themselves have grown, produced or processed.
- [1] Individual vendors operating outside the established hours of the Fenwick Island Farmers' Market will be permitted to sell local items purchased from members of the Fenwick Island Farmers' Market.
- [2] All vendors must be members of the Fenwick Island Farmers' Market.
- [3] All vendors must also receive a business license from the Town of Fenwick Island to operate individually outside the established hours of the Fenwick Island Farmers' Market.
- [4] Proof of membership in the Fenwick Island Farmers' Market must be submitted at the time of application for a business license.
- [5] No license fee shall be charged for members of the Fenwick Island Farmers' Market.
(b)
Permitted locations. Farmers' markets will be permitted on vacant
or improved lots, which shall be at least 100 feet by 100 feet in
size (either individually or combined), in the Commercial Zone in
Town.
[Amended 3-28-2014]
(c)
Regulations.
[1]
If a vendor is not the record owner of the vacant or improved
lot where the farmers' market will be located, the vendor must submit
to the Town Manager at the time of licensing written proof that the
record owner consents to the operation of a farmers' market on the
vacant or improved lot in question. If a vendor is the record owner
of the vacant or improved lot in question, then proof of ownership
must be submitted to the Town Manager at the time of licensing.
[Amended 3-28-2014]
[2]
Vendors shall comply with all local, county, state and other
health laws, rules or regulations pertaining to their operation.
[3]
Vendors must provide for the removal of all waste generated
by or in connection with the operation of the farmers' market.
Such waste removal shall include, but not be limited to, the removal
of all recyclable materials for the designated purpose of recycling
.
[4]
Farmers' markets shall be operated on a seasonal basis
only, from May 1 through October 31 of any calendar year.
[5]
All meat, seafood, dairy and baked products sold at a farmers'
market must meet the safety and quality control requirements of the
rules and regulations of the Fenwick Island Farmers' Market.
[6]
No live animals of any kind, except seafood, may be sold, kept
or slaughtered at a farmers' market.
(9)
Restaurant or eatery as herein defined, subject to the following
requirements:
(a)
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
- BAR
- A commercial establishment, not part of a restaurant, whose primary activity is the sale of alcoholic beverages to be consumed on the premises.
- BAR AREA
- The floor space in any restaurant that is used primarily for the service or consumption of alcoholic beverages for patrons waiting to be seated in the permanent seated dining area. It shall include, but not be limited to, any bar counter and the contiguous floor and seating area where alcoholic beverages are dispensed or consumed, together with all other portions of the patron area except the permanent seated dining area, whether contiguous to the bar or not. A counter in a "bar area" where food is served is not considered part of the permanent seated dining area.
- EATERY
- A commercial establishment where food is prepared and served to the public.
- OUTSIDE SERVICE AREA
- A porch, patio, deck or area of land or buildings which is not enclosed on all sides with permanent structural walls and roofing and which has a floor level no higher than three feet above ground level, is not more than 700 square feet in area and which is used for seated dining only in conjunction with a restaurant or eatery. No part of any outside service area may be located in any setback area and may not eliminate parking spaces to achieve sufficient space for outside service area.
- PATRON AREA
- The area of a restaurant open to the public as patrons and exclusive of kitchen, storage areas and restrooms.
- PERMANENT SEATED DINING AREA
- The floor space in any restaurant where tables and chairs and/or booths are provided for serving complete meals to seated patrons. The floor space of any outside service area shall not be included as part of a restaurant's permanent seated dining area.
- RESTAURANT
- A commercial establishment with a patron area of less than 4,000 square feet and which is regularly used and kept open for the purpose of serving complete meals, as referred to in the Delaware Code, to patrons for consideration and which has seating and tables for dining and suitable kitchen facilities connected therewith under the charge of a chef or cook. The service of only such foods as snacks, sandwiches, salads, pizza, hamburgers, etc., at anytime in the evening are not considered complete meals.
(b)
Requirements.
[1]
No bar, as defined, shall be allowed in Fenwick Island.
[2]
No bar area, as defined, shall be allowed in any outside service
area.
[3]
In-car or drive-through service may not be provided by a restaurant.
[4]
A restaurant may have a bar area as defined where stand-up consumption
of alcoholic beverages for patrons waiting to be seated is allowed,
provided that the number of patrons in the bar area does not exceed
the Fire Marshal's occupancy limit for that area and such bar
area is located on the same floor level as the permanent seated dining
area.
[5]
Stand-up consumption of alcoholic beverages is not allowed in
the permanent seated dining area, including any outside service area.
[6]
All tables and chairs in the permanent seated dining area of
a restaurant shall be maintained and located in an accessible and
usable configuration at all times and may not be temporarily moved
so as to increase any bar area.
[7]
Music or entertainment, live or recorded, shall not be allowed
in any outside service area except for occasions approved by the Town
Council.
[8]
All windows and doors of any restaurant or bar area shall remain
closed except for the passage of patrons when music is being played.
[9]
A minimum of 85% of the patron area must be dedicated as a permanent
seated dining area.
[10]
A restaurant may not serve alcoholic beverages in the morning
before 9:00 a.m. or in the evening later than 1:00 a.m., or later
than the time when the offering of complete meals in the permanent
seated dining area ends, whichever is earlier. Hours of operations
for any restaurant or eatery outside service area shall be no earlier
than 8:00 a.m. and no later than 11:00 p.m., including set-up and
final clean-up. In the case of a restaurant that includes outside
service area, such outside service may be suspended or revoked if
there have been three or more cases during a calendar year of violations
of any Town ordinances. Oral and written notice of each such violation
will be given to the licensed restaurant owner. Such revocation may
be immediate, deferred to the entire season for the following year,
or both.
(c)
Certificates of compliance for restaurants or eateries.
[1]
No establishment license will be issued for a restaurant or eatery as defined in Chapter 160, Zoning, unless it first receives a valid certificate of compliance from the Building Official indicating compliance with all applicable Town codes. The procedures related to a certificate of compliance will be the same as described for an establishment license in § 100-4 through § 100-16 of Chapter 100, Licensing, except for the following:
[a]
The words "Building Official" will be substituted
for the words "Town Manager."
[b]
The words "certificate of compliance" will be substituted
for the word "license."
[c]
In addition to the information required in § 100-9A(1) through (8), the applicant for a certificate of compliance will provide the following:
[i]
A floor plan showing the dimensions, square footage and location of the patron area, permanent seated dining area, outside service area and bar area as defined in § 160-5A(9).
[ii]
The number of patrons that can be seated in the permanent seated
dining area and the outside service area.
[iii]
The hours in which complete meals will be offered as described
in § 160-5A(9)(b)[12].
[iv]
Copies of existing Delaware Alcoholic Beverage Control Commission
licenses and applications therefor and Fire Marshal permits.
[2]
All existing restaurants and eateries must apply for a certificate of compliance on or before September 1, 1996, or at the time of application for a building permit under Chapter 61, whichever comes sooner. Authorization by the Town Council of the issuance of a certificate of compliance to a restaurant conducting business as of June 21, 1996, which does not conform to the requirements of Chapter 160, Zoning, will be based on conditions existing as of June 21, 1996. Such authorization will document the specific type(s) and degree(s) of nonconformance allowed (i.e., grandfathered) to existing and future owners of such restaurants and eateries.
[3]
Any modifications to the floor plan described in § 160-5A(9)(c) must be submitted to the Building Official prior to implementation to determine whether a new certificate of compliance and/or building permit is required.
[4]
A certificate of compliance must be renewed each year and/or
whenever there is a change in the ownership of a restaurant or eatery.
(10)
Townhouses.
(a)
The average minimum lot area per dwelling unit shall be 5,000
square feet.
(b)
Lot frontage, measured at the front building limit line, for
individual dwelling units of a townhouse may be reduced to not less
than 16 feet.
(c)
For the purpose of the side yard regulations, a townhouse building
shall be considered as one building on one lot and shall have minimum
side yards of seven feet. Any side yard adjacent to the line of a
lot in a single-family Residential District shall not be less than
10 feet. Any side yard adjacent to a street shall be not less than
15 feet.
(d)
There shall be a front setback of not less than 25 feet and
a rear setback of not less than 10 feet for all construction including
decks and steps. For a townhouse building, the maximum floor area
ratio shall be 70%.
(e)
Detached garages or carports shall not be permitted.
(f)
Unless otherwise restricted by district regulations, not more
than four dwelling units shall be included in any one townhouse building,
with no overall outside wall dimensions of more than 85 feet.
(g)
Required off-street parking space of two spaces per family dwelling
unit shall be provided on the lot of each dwelling unit or within
an on-site parking area within the common area with approval subject
to site plan review.
(h)
No family unit shall be so designed or constructed that would
locate any part of one family unit above another family unit.
(j)
Commercial buildings and townhouses, as defined herein, may
be constructed so as to extend over more than one lot area in which
event the side yard requirements shall apply only to the perimeter
of the building or the nearest building of the cluster to the adjacent
side property line.
(k)
A townhouse is defined as a single-family dwelling and may not
be used for any other use which is not permitted in the Residential
Zone.
(11)
Auctions.
(a)
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
- AUCTION HOUSE
- Any premises within the Commercial Zone where personal or real property is sold by auction to the highest bidder by a professional auctioneer.
- PROFESSIONAL AUCTIONEER
- Every person engaged in the business of crying sales of real or personal property on behalf of other persons for profit. A professional auctioneer must be licensed as an auctioneer by the State of Delaware and the Town of Fenwick Island. All professional auctioneers must be insured to the extent required by the State of Delaware and Delaware law.
- REAL ESTATE AUCTION
- An auction whereat any real property within the Town of Fenwick Island is sold to the highest, qualified bidder. Real estate auctions must be conducted by a professional auctioneer and may be, but are not required to be, held on the real property being sold at auction.
(b)
Regulations for auction houses and real estate auctions:
[1]
Auctions must adhere to all federal and state laws and regulations.
[2]
All auctions must be conducted by a professional auctioneer
licensed by the State of Delaware and the Town of Fenwick Island.
[3]
Any and all personal property being sold at auction must be
stored and displayed inside the auction house. No such personal property
may be stored or displayed outside of the auction house.
[4]
No signs or devices which produce noise or sound, or which emit
visible smoke, vapor, particles or odor shall be used for advertising
purposes or to attract attention.
[5]
A register of all buyers and sellers participating in an auction
must be maintained at all times by the professional auctioneer responsible
for conducting the auction. As part of said register, the professional
auctioneer must also maintain an accurate list of all real and/or
personal property bought and sold, together with a description of
said real and/or personal property.
[6]
All auctions must be completed by 9:30 p.m.
[7]
No auctions of livestock or domestic, foreign and/or exotic
animals are permitted.
(c)
A license issued by the Town of Fenwick Island to a professional
auctioneer may be suspended and/or revoked for any violation of the
regulations for auction houses and real estate auctions set forth
above. Such a suspension and/or revocation may also occur for reasons
that include, but are not limited, to the following:
[1]
Misleading or untruthful advertising.
[2]
Flagrant misrepresentation of the quality or existence of the
personal or real property being sold at auction.
[3]
Knowingly using false bidders.
[4]
Absent a good faith, bona fide dispute, failure to remit payment
to the seller of any real or personal property sold at auction and/or
failure to transfer any real or personal property sold at auction
to the ultimate purchaser thereof.
(d)
Inspection of auction houses. Town officials shall have the power to inspect, during reasonable business hours, any auction house for the purpose of determining compliance with this § 160-5A(11) or any other applicable provision of the Town Code, as well as to determine compliance with state licensing or other regulatory requirements. During any such inspection, Town officials may secure and confiscate any evidence discovered that may be necessary for prosecution under this chapter. Town officials may, but shall not be obligated to, refer any suspected criminal activity to the proper police authorities.
(e)
Violations and penalties. Any person or entity in violation of this § 160-5A(11) shall be obligated to pay a civil fine in the amount of $500 for the first violation. Subsequent violations shall be punishable by a fine in such amount of $1,000 per violation. Each day that a violation continues shall be deemed to be a separate and additional violation for purposes of the civil fine imposed hereby. Any appeal of the civil fine imposed shall be lodged with the Fenwick Island Town Council within 10 days of receipt of written notice from the Town that the civil fine has been imposed. In the event of an appeal, the appealing party shall be given an opportunity to be heard and to present his case for rescission or reduction of the civil fine before the Town Council. The decision of the Town Council following any such appeal shall be final. Any and all civil fines imposed hereby shall be collectible in the same manner as delinquent taxes, and the Town shall be entitled to recover all costs and reasonable attorneys' fees incurred in connection with any such collection effort.
B.
Height regulations:
[Amended 2-22-2013; 4-1-2016; 5-3-2019]
(2)
An elevator shaft shall be allowed to extend 4.5 feet in height above
the principal maximum building height permitted by these zoning regulations,
provided the elevator shaft blends with the architectural aesthetics
of the building and provided the dimensions of the shaft are not increased
by more than 12 inches. No signs or antennas are permitted on the
shaft.
(3)
Notwithstanding §§ 160-5B(1) and 160-5B(2) above, where the principal building has a freeboard of 18 inches to 24 inches above base flood elevation (BFE), the principal maximum building height may be increased by said 18 inches to 24 inches, not to exceed a total building height of 32 feet measured from the highest point of the crown of the road.
C.
Area regulations. Same as § 160-4C as to use for single-family dwellings. For uses other than residential, the front building limit line setback, side yard and rear yard requirements shall be as follows:
(1)
Front building limit line. The building limit line
shall be set back from the front lot line not less than 15 feet.
[Amended 7-24-2015]
(3)
Rear yard setback requirements:
[Amended 7-24-2015; 4-27-2018]
(a)
The rear yard building limit line shall be set back from the
rear lot line not less than 10 feet. In addition:
[1]
All rear yard setbacks for lots located in the Commercial Zone
shall include a professionally engineered or professionally landscaped
five-foot vegetative stormwater buffer when abutting lots are used
for residential purposes.
[2]
Shrubs and trees are required in the buffer as follows:
[a]
A minimum of two feet in height at planting, maintained
at a maximum of 10 feet in height, no encroachment onto adjacent residential
property, and spaced at a maximum distance of 10 feet apart. Such
plantings shall be nondeciduous shrubs or trees that keep foliage
year round.
(4)
Any mechanical equipment shall be prohibited in the side yard setbacks
except that, in the case of corner lots, the side setback adjacent
to the side street with a minimum setback of 15 feet, there shall
be permitted an encroachment of no more than four feet for such mechanical
equipment. Mechanical equipment located in the rear setback must be
adjacent to the building and shall be allowed to encroach into the
rear yard setback not any closer than six feet to the rear property
line and to a line not less than 15 feet from the front property line.
Mechanical equipment located in any rear yard, front yard or corner
side setback shall be screened from view with screening that has openings
constituting between 20% and 30% of the total surface area of the
screening to provide for the flow-through of air. A detailed design
drawing of the mechanical equipment, together with any required screening,
shall be submitted with the application for a building permit.
[Added 6-23-2017[1]; amended 12-8-2017]
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(4) through (6) as Subsection C(6) through (8),
respectively.
(5)
Commercial pools, hot tubs and spas.
[Added 6-23-2017[2]]
(a)
The front, side and rear yard setback requirements for commercial
pools, hot tubs and spas shall be the same as those which apply to
the main structure for the property.
(b)
Every unenclosed portion of a commercial pool shall be protected
by a continuous safety barrier consisting of county-approved fencing
or its equivalent. Fencing which is part of such a required commercial
pool safety barrier may be up to six feet tall. Barriers are not required
for commercial hot tubs or spas when a cover is provided.
(c)
All commercial pools, hot tubs and spas shall comply with all
applicable state and county regulations.
[2]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(4) through (6) as Subsection C(6) through (8),
respectively.
(6)
The area between the front lot line and the front building limit line may be used for driveways and/or parking spaces provided it complies with § 160-10B(2) (size of parking spaces in the Commercial Zone). The side yard and rear yard areas may also be used for driveways and parking areas; provided, further, that only limited-access entrances and exits to such driveways and parking areas are permitted from the bordering streets. The limited-access entrances and exits shall be controlled by drop between such entrances and exits, and the parking areas shall comply with the parking regulations of this chapter.
[Amended 8-22-2008; 7-24-2015]
(7)
No part of any required building setback area in the front, rear,
or side of any lot in the Commercial Zone may be covered or paved
with impervious or semi-impervious materials such as concrete, asphalt,
brick, flagstone, etc. Such coverings or paving existing at the time
of enactment of this subsection may continue to be used and repaired
as a nonconforming use, but may not be expanded in any horizontal
dimension nor rebuilt or replaced with such materials.
[Added 7-24-2015]
(8)
Each motel/hotel permitted to be erected or altered
hereafter shall occupy a lot(s) providing a minimum of 1,000 square
feet of land area for each sleeping room therein, including sleeping
rooms in any apartment included in the motel/hotel building. Each
motel/hotel use existing as of the date of the adoption of this amendment
on December 11, 2015, shall occupy a lot(s) providing a minimum of
600 square feet of land area for each sleeping room, not to exceed
a total of 65 sleeping rooms, including rooms in any apartment included
in the hotel/motel building.
[Amended 9-23-2005; 12-11-2015]
D.
[3] Fire regulations. All construction in the Commercial Zone
must be approved by the State Fire Marshal, except individual single-family
dwellings.
[3]
Editor's Note: Former Subsection D, regarding townhouses, as amended 7-26-1996 by Ord. No. 77, was amended and renumbered as § 160-5A(55) by ordinance of 10-20-2000. See now § 160-5A(10).
E.
Lighting. Lighting (inside and/or outside) on commercial
properties must be arranged so as not to reflect or cause glare into
any residential property where the intensity of light is strong enough
to seriously disturb a person of normal sensibilities. This includes
the lighting of permitted illuminated signs.
F.
Sidewalks approved by DELDOT, in compliance with ADA regulations
and no less than five feet in width or a DELDOT and ADA approved alternative
are required for all new construction and substantial improvements
in the Commercial Zone. (See § 140-2 - Article II - Sidewalks.)
[Added 7-24-2015]
[Added 5-18-2012[1]]
A.
Use regulations. Unless herein provided, no building or premises
or site shall be used or any building or structure be hereafter erected,
altered or repaired in the Parks Zone except for one or more of the
following principal permitted uses:
B.
Accessory uses and accessory structures permitted:
(1)
Off-street parking and loading facilities.
(2)
Other accessory uses which are incidental to recreational uses.
(3)
Small utility buildings or other small storage structures used for
storage of equipment and supplies used in connection with park-related
activities.
(4)
The height of an accessory structure shall not exceed 15 feet above
existing ground contour level at the accessory structure site location.
C.
Area and yard requirements:
(1)
Building structures, such as but not limited to, utility buildings,
playground equipment, picnic tables, and gazebos shall meet the following
minimum setbacks requirements:
(2)
A fence not to exceed six feet in height shall be permitted to screen
the park from adjacent residential properties. Such a fence shall
not be completely solid, but shall have openings comprising approximately
20% to 30% of the total surface area of the fence in order to provide
for the flow-through of air.
D.
The Town Council may adopt by resolution additional rules and regulations
applicable to any park owned and/or operated by the Town. Additional
rules and regulations applicable to any park that is privately owned
may be imposed by the Town Council from time to time, but shall require
an amendment to the Zoning Ordinances of the Town.
[Added 2-22-2013[1]]
A.
Apartment regulations/mixed use:
(1)
One apartment per lot of 6,500 square feet.
(2)
For building utilizing multiple lots, apartment shall be allowed
as one apartment per lot of 6,500 square feet.
(3)
The number of apartments located within a mixed use building is restricted
by the number of lots on which the building is constructed.
(4)
Two designated parking spaces per apartment.
(5)
Landlord shall supply a recycle bin and trash receptacle. No cans,
bins or trash bags are allowed on any exterior area of the building.
(6)
All recycle bins and trash receptacles shall be screened from view
of all public streets and residential areas with a type of screening
such as fencing or landscaping.
(7)
Each apartment must be registered in the Town, and the owner shall
keep all information related to the unit current or risk revocation
of permit.
(8)
Each apartment must be occupied by nontransient person(s) as tenant(s)
on a long-term basis of not less than three months.
(9)
Each apartment shall contain a full kitchen, a bathroom plus a washer
and dryer.
A.
Height and area requirements shall be subject to the
following regulations and exceptions:
(1)
Notwithstanding any contrary provisions of this chapter,
public telephone booths shall be permitted in the Commercial Zone
and shall be exempt from the front building limit line setback and
yard requirements of this chapter, provided that such structures and
their location are approved by the Town Council.
(2)
Chimneys may be erected to a height which is required
to provide efficient draft.
(3)
In the case of a lot or parcel of land having a width of at least 35 feet but less than 50 feet, and which is included in a plat or deed of record at the time of adoption of this chapter, there shall be a side yard on each side of a dwelling of not less than five feet in width, and the provisions of § 160-4C(1) shall not apply to such lot or parcel. Eaves shall be set back not less than four feet from the side property line.
(4)
Every part of a required yard or court shall be open
and unobstructed, without cover of any kind being partial or total
from its lowest point to the sky except as follows:
(a)
Accessory building and private garage in accordance with § 160-4A(2) of this chapter are permitted.
(b)
Fire escapes when required by the State Fire
Marshal and chimneys where placed so as not to obstruct light and
ventilation are permitted.
(c)
Open decks, not enclosed with any material of
any kind, and open stairways, not enclosed with any material of any
kind, may be permitted to be constructed to a line not less than 10
feet from the rear property line and not less than seven feet from
the side property line. Any open deck or open stairway which is over
the top of or in any way covers another deck or stairway shall not
be constructed so as to provide a weatherproof or waterproof covering
which would provide for a roof for the open deck or open stairway
below it. All decks must meet the minimum criteria for a deck of ingress
and egress and be structurally sound to support the use as a deck.
[Amended 6-29-1990]
(5)
Open deck, not enclosed with any material of any kind, and open stairways,
not enclosed with any material of any kind, may be permitted to encroach
on the front building limit line not to exceed nine feet in the Residential
Zone only. Any open deck or open stairway which is constructed within
the above-mentioned permitted nine-foot encroachment area, which is
over the top of or in any way covers another deck or stairway, shall
not be constructed so as to provide a weatherproof or waterproof covering
which would provide for a roof over the open deck or stairway below
it. All decks must meet the minimum criteria for a deck as to ingress
and egress and be structurally sound to support the use as a deck.
The above-mentioned nine-foot encroachment shall not apply to any
building which has a front building limit line of less than 25 feet.
[Amended 7-24-2015]
(6)
Nothing contained in this chapter shall prevent in
any zone the erection and use of a structure or premises for public
or private utility purposes when deemed necessary by the Town Council
of the Town for public convenience and welfare.
(7)
In the case of corner lots having a side yard along
a street upon which no lots front directly on that same side of the
street, between two adjacent intersecting cross streets, such side
yard may be reduced to a minimum width of seven feet. Eaves shall
be set back a minimum of six feet from the side lot line.
(8)
No yard, court or other open space provided about
any building for the purpose of complying with the provisions of these
regulations shall be considered as a yard, court or other open space
for another building, nor shall the size of any yard, court or open
space be reduced to less than the area requirements of this chapter.
(9)
Fences.
(a)
No fence, wall, hedge, partition or other such structure shall
be permitted in any zone under this chapter unless such fence, wall,
hedge, partition or other such structure is not more than four feet
above the grade level of the land on both sides of such fence, wall,
hedge, partition or other such structure. Such a fence, wall, partition
or other such structure shall not be solid but shall have openings
approximately 20% to 30% of the total surface area to provide for
the flow-through of air. A detailed design drawing of the structure
shall be submitted with the application for a building permit.
[Amended 2-26-2016]
(b)
The following are exceptions to Subsection A(9)(a) above:
[Amended 8-24-2012; 7-24-2015]
[1]
Fences:
[a]
A fence is required for new construction along
the rear property line on any lot in the Commercial Zone when used
for commercial purposes. In the event a preexisting fence owned by
either the adjacent residential property owner or the commercial property
owner is in place the time of construction and is removed at any time
after certificate of compliance is issued for the new construction,
it is then the responsibility of the commercial property owner to
replace the fence within a reasonable time as determined by the Building
Official. Whether a new fence where none previously existed or the
replacement of a preexisting fence is at issue, said fence shall be
no less than six feet, nor more than seven feet, in height above the
curb or crown level of the adjoining street and shall be constructed
of a semi-solid design as required in § 160-8A(9)(b)[1][d] below.
[Amended 12-9-2016]
[b]
Fences are prohibited in the front setback area
of all lots in the Commercial Zone.
[c]
Fences along the side property line of all lots
in the Commercial Zone shall not exceed four feet in height above
the curb or crown level of the adjoining street and shall not encroach
into the front setback area.
[d]
A solid foundation or retaining wall for such fence
structure along the side property line shall be permitted, not to
exceed two feet in height above the crown of the side streets adjacent
to the commercial property. The remainder of the fence shall not be
solid but shall have openings approximately 20% to 30% of the total
surface area to provide for the flow-through of air. A detailed design
drawing of the structure must be submitted with the application for
a building permit.
[2]
Sidewalks and structures in an area 10 feet from the curb along
Route l:
[a]
New construction and substantial improvements in
the Commercial Zone:
[i]
A five-foot-wide sidewalk constructed in compliance
with all ADA and DELDOT approved standards is required for new construction.
Such sidewalk must be five feet wide, measured from the back of the
existing curb along Route 1. Where no curb exists, the five feet shall
be measured from the plane of the back of the curb from adjacent properties
in the same block along Route 1. All existing entrances are subject
to DELDOT approval and may or may not be allowed to remain.
[ii]
A five-foot-wide sidewalk constructed in compliance
with all ADA and DELDOT approved standards or a DELDOT approved alternative
is required for substantial improvement construction.
[iii]
All landscaping, permanent structures, and/or
temporary or portable structures located in the area five feet in
width, measured from the edge of the sidewalk required by Subsection
A(9)(b)[2][a][i] above and projecting into the commercial property,
shall not exceed three feet in height from ground elevation.
[b]
Existing commercial properties in the Commercial
Zone:
[i]
No new landscaping, vegetation, permanent structures,
and/or temporary or portable structures on a parcel along Route 1
in the Commercial Zone, located 10 feet or less from the edge of the
curb, shall exceed three feet in height from ground elevation.
[ii]
Existing designated parking spaces located in
the ten-foot area described in Subsection A(9)(b)[2][b][i] above may
continue until such time as a total destruction and removal of the
existing commercial building occurs and new construction commences.
(10)
No land area required to comply with a specific provision
of the ordinances of the Town of Fenwick Island shall be utilized
for any purpose, use or computation, in order to comply with a second
requirement of said ordinances.
(11)
No part of any required building setback area in the
front, rear or side of any lot in the Residential Zone may be covered
or paved with impervious or semi-impervious materials such as concrete,
asphalt, brick, flagstone, etc., for driveways, parking spaces or
any other purpose except for a single walkway, no more than three
feet in width, in any front, rear or side yard. Such coverings or
pavings existing at the time of enactment of this subsection may continue
to be used and repaired as a nonconforming use but may not be expanded
in any horizontal dimension nor rebuilt or replaced with such materials.
[Added 6-30-2000]
(12)
In new construction, all fixed items not located at or above
base flood elevation and designed to be a permanent part of the property
shall either be properly anchored using an auger type of anchor a
minimum of two feet in the ground, proper footings designed to resist
flotation, collapse or permanent lateral movement, or an anchor system
design approved by the Building Official. In accordance with Delaware
Code, Title 26, (Chapter 8 - Underground Utility Damage Prevention
and Safety Act), "Miss Utility" must be contacted at 1-800-282-8555
before proceeding with any anchoring. Existing fixed items such as
listed above are recommended to be anchored but are not required.
[Added 4-25-2014]
(13)
Commercial cell phone communications facilities are prohibited
in the Residential, Commercial and Parks Zones.
[Added 6-23-2017]
B.
Regulations for structures such as but not limited
to docks, piers, wharves, boat ramps, steps, boat houses, gazebos,
piling and navigational aids in lagoons and canals.
(1)
In order to provide clear, safe and unobstructed operation
of watercraft in lagoons or canals 60 feet or less in width within
the corporate limits of Fenwick Island, Delaware, no structure such
as but not limited to docks, piers, wharves, boat ramps, steps, boat
houses, gazebos, piling and navigational aids shall be constructed
which project beyond the bulkhead line of such lagoon or canal. Davits
shall be permitted, provided that they shall not project over the
waterways more than 12 feet from the bulkhead and, when not in use,
they shall be retracted to a line at least four feet parallel to the
bulkhead. This installation shall require a building permit.
[Amended 8-25-1989; 3-26-1999]
(2)
In all lagoons or canals in excess of 60 feet in width,
such structures may be permitted to extend into the lagoon or canal
a distance of not more than four feet beyond the bulkhead line. No
construction of any kind is permitted to extend beyond the bulkhead
line at the end of a lagoon or canal. Boat lifts shall be permitted,
provided that the outside frame of said lift does not protrude more
than 12 feet from the bulkhead and the perimeters of submerged boat
lifts shall be clearly identified by reflectors so as not to be a
hazard to boat traffic. Boat lifts shall be securely anchored and
such installation shall require a building permit. Davits shall be
permitted, provided that they shall not project over the waterways
more than 12 feet from the bulkhead and, when not in use, they shall
be retracted to a line at least four feet parallel to the bulkhead.
This installation shall require a building permit.
[Amended 3-26-1999]
(3)
Proposed construction of any structures in any lagoon
or canals must receive prior approval by the State of Delaware, Department
of Natural Resources and Environmental Control and the United States
Army Corps of Engineers in addition to the approval and issuance of
a permit by the Town of Fenwick Island, Delaware.
(4)
When application is made for a building permit for
the construction of structures such as but not limited to bulkheads,
docks, piers, wharves, boat ramps, steps, boat houses, gazebos, piling
and navigational aids, the procedure shall be as follows:
(a)
Prior to submitting an application to the State of Delaware, Department of Natural Resources and Environmental Control and the United States Army Corps of Engineers, the data required by Chapter 61, Building Construction, § 61-3, and copies of all material and data required for application for a permit from the State of Delaware, Department of Natural Resources and Environmental Control and the United States Army Corps of Engineers shall be submitted to the Town of Fenwick Island for preliminary review and clearance as to compliance with Town ordinances. The submission of applications to the State of Delaware, Department of Natural Resources and Environmental Control and the United States Army Corps of Engineers shall be accompanied by a letter from the Town of Fenwick Island stating that the project has preliminary clearance from the Town of Fenwick Island and complies with its regulations. Such preliminary clearance shall not be construed as permission to commence any work on the project.
[Amended 9-29-1995]
(b)
When approval of the application and a permit
have been obtained from the State of Delaware, Department of Natural
Resources and Environmental Control and the United States Army Corps
of Engineers, copies of such permits shall be submitted to the Town
of Fenwick Island for final review, and, if finally approved by the
Town of Fenwick Island, payment of the required fee shall be made
and a building permit issued.
D.
No parabolic or dish-type antenna, larger than 18
inches in diameter, shall be erected, constructed, altered or maintained
on any lot within the Town of Fenwick Island. As used in this section,
"parabolic or dish-type antenna" shall mean any concave, circular
or dish-shaped device of any size designed for receiving communication
or telephone signals from a satellite. Such prohibition shall not
apply if such antenna is housed in a building erected in compliance
with all applicable ordinances.
[Added 7-26-1996 by Ord. No. 77]
E.
Nonconforming uses.
(1)
Nonconforming use of land and buildings. Except as
otherwise provided herein, the lawful use of land or buildings existing
at the effective date of this chapter may be continued although such
use does not conform to the provisions hereof.
(2)
Discontinuance of nonconforming uses. Without just
cause, no building or portion thereof used in whole or in part for
a nonconforming use in a Residential or Commercial District which
remains idle or unused for a continuous period of 12 months, whether
or not the equipment or fixtures are removed, shall again be used
except in conformity with the regulations of the district in which
such building or land is located.
(3)
Destruction or removal of a nonconforming structure
or use to the extent of more than 50% of the fair market value.
[Amended 2-27-2004; 3-18-2005]
(a)
Fair market value immediately prior to destruction
or removal shall be for a structure only, not land, and shall be determined
by the Town's Assessor at the expense of the property owner.
(b)
When such destruction or removal occurs voluntarily
by the property owner, any rebuilding and/or restoration must conform
to current Town ordinances and all applicable regulations; otherwise
all rights as a nonconforming structure or use shall terminate.
(c)
When such destruction or removal occurs naturally
or involuntarily, rebuilding and/or restoration may occur with no
more than the same degree or amount of nonconformity as existed prior
to the destruction or removal as verified by records provided by the
Town or owner.
(d)
When such destruction or removal occurs by any
cause, all rights to maintain multiple dwellings on a single lot in
the Residential Zone shall be terminated.
(4)
Intermittent use. The casual, intermittent, temporary
or illegal use of land or buildings shall not be sufficient to establish
the existence of a nonconforming use, and the existence of a nonconforming
use on a part of a lot shall not be construed to establish a nonconforming
use on the entire lot.
(5)
Existence of a nonconforming use. Whether a nonconforming
use exists shall be a question of fact and shall be decided by the
Board of Adjustment after public notice and hearing and in accordance
with the rules of the Board.
(6)
Alteration and/or renovation of a nonconforming building.
A building nonconforming as to height, area or other regulations may
be altered or renovated, provided that such alteration does not increase
the degree of nonconformity in any respect and does not increase the
amount of nonconforming horizontal or vertical areas. Where nonconformity
is due to multiple dwellings existing on a single lot, no such dwelling
(building) may be increased in size in any external dimension.
(7)
Nonconforming uses not validated. A nonconforming
use in violation of a provision of the ordinance which this chapter
amends or replaces shall not be validated by adoption of this chapter
unless such use complies with the terms of this chapter.
[Added 5-29-2009[1]]
A.
Solar energy system.
(1)
A solar energy system is a renewable energy system
designed and used to obtain energy from the sun in order to supply
energy to a principal use or structure. Such system(s) may include
but not be limited to solar hot water, air heating and cooling, and
photovoltaic systems. These systems shall be allowed under the following
conditions:
(a)
The solar energy system must be located on the
same lot as the principal use which it is serving or on an adjacent
lot in the case of a common system servicing more than one principal
use or structure.
(b)
The system must comply with all applicable building,
plumbing, electrical and Town codes. Systems must be installed according
to manufacturers’ specifications.
(c)
No systems shall be permitted in setback areas.
(d)
No freestanding systems shall be permitted.
(2)
Roof-mounted solar energy systems shall be allowed
to exceed the maximum height requirement by a maximum of 36 inches.
B.
Small wind energy systems; tower.
[Added 8-28-2009]
(1)
Provisions, regulations and conditions for small wind energy systems
are as follows:
(a)
Maximum rated capacity. No more than one tower-mounted small
wind energy system may be placed on a property and may not exceed
10 kilowatts of production.
(b)
Minimum yard requirement. The base of the tower shall be set
back from all property lines, public rights-of-way, and public utility
lines a distance equal to 1.1 times the total height. A turbine may
be located at a property line by variance from the Board of Adjustment,
which shall consider whether the abutting property owner objects.
(c)
Total height. Total height (including the wind turbine itself)
shall not exceed 33 feet above grade, and tower shall be independent
of any other structures on the property.
(d)
Noise. Sound produced by the system under normal operating conditions,
as measured at the property line, shall not exceed 55 dBA. Manufacturer's
specifications will serve as verification of dBA levels. Any complaints
that noise from the small wind energy system exceeds 55 dBA shall
be accompanied by an independent certified source. This sound level
may be exceeded during short-term events such as utility outages and/or
severe windstorms.
(e)
Appearance. Wind turbines shall be painted in a nonobtrusive
color such as the manufacturer's default color option.
(f)
Compliance with Building Code. System must obtain a building
permit and must comply with applicable requirements of the International
Building Code.
(g)
Inspections. A final inspection by the Sussex County Building
Code Official of the installation, including an electrical inspection,
is required before a system may be activated.
(h)
Requirement for engineered drawings. Building permit applications
for small wind energy systems shall be accompanied by standard drawings
of the system and stamped engineered drawing of the tower, base, footings,
and/or foundation (with consideration given to specific soil conditions)
as provided by the manufacturer. A manufacturer's specification
sheet, including a photograph of the system, shall accompany the application
for the building permit.
(i)
Compliance with Federal Aviation Administration regulations.
Small wind energy systems shall comply with FAA regulations described
in FAR Part 77 of the FAA guidance on airspace protection.
(j)
Compliance with National Electric Code. Building permit applications
for small wind energy systems shall be accompanied by a line drawing
of the electrical components, as supplied by the manufacturer, in
sufficient detail to allow for a determination that the manner of
installation conforms to the National Electrical Code. Wiring and
power lines shall be wireless or underground whenever possible.
(k)
Unsafe or abandoned systems. If a system is found to be unsafe
by the Building Official, the system must be repaired and made code
compliant with 30 days of notification of the property owner. A system
that is unused or abandoned for a period of more that 12 months shall
be ordered by the Building Official to be made operational or removed
within 30 days of such order.
(l)
Signage. No signs or advertising shall be displaced on any part
of a system other than the manufacturer's or installer's
identification and appropriate safety warning signs.
(m)
Lighting. No illumination of the system shall be permitted unless
required by the FAA or unless the tower is also used for street or
parking lot lighting, or some similar compatible use.
(n)
Safety. Any steps or other devices to assist the climbing of
the tower must start at 12 feet above ground level.
A.
Except as otherwise provided in this chapter, when
any building or structure is hereafter erected or there is an addition
to any building or structure which increases the square foot area
of the building or structure or any building or structure or portion
thereof is converted for the uses listed in Column 1 of the chart
below, accessory off-street parking spaces shall be provided as required
in Column 2 or Column 3 of the chart below or as required in subsequent
sections of this chapter.
[Amended 7-26-1996; 10-20-2000; 9-23-2005; 2-22-2013]
Off-Street Parking Requirements
| |||
---|---|---|---|
Use or Use Category
|
Spaces Required Per Basic Measuring Unit
|
Additional Requirements
| |
Single-family dwelling or townhouse
|
2 per dwelling
| ||
Church or temple, auditorium or place of assembly
|
1 per 5 seats or bench seating spaces
|
(Seats in main auditorium only)
| |
Public buildings such as public library, museum, art gallery
or community center
|
10 per use
|
Plus 1 additional space for each 300 square feet of floor area
| |
Motel/hotel
|
1 per sleeping unit
|
Plus 1 for each 10 rooms or portion thereof
| |
Professional services building
|
1 per 200 square feet of floor area
|
6 minimum, 10 minimum for a clinic
| |
Restaurant or eatery
|
1 per 100 square feet of total patron area
| ||
Retail store
|
1 per 300 square feet of floor area
|
B.
Off-street parking regulations; size of parking spaces.
(1)
Residential. All required parking spaces shall be
at least nine feet in width, 20 feet in length, and have a vertical
clearance of at least six and one-half (61/2) feet.
(2)
Commercial. The required number of parking spaces
shall comply with the minimum following dimensions based on the angle
of parking:
Angle of Parking
(degrees)
|
Parking Space Width
(feet)
|
Parking Space Length
|
Parking Space Curb Length
| |
---|---|---|---|---|
0
|
9
|
9 feet
|
26 feet 4 inches
| |
20
|
9
|
15 feet
|
23 feet
| |
30
|
9
|
17 feet 4 inches
|
18 feet
| |
40
|
9
|
19 feet 2 inches
|
14 feet 10 inches
| |
45
|
9
|
19 feet 10 inches
|
12 feet 9 inches
| |
50
|
9
|
20 feet 5 inches
|
11 feet 9 inches
| |
60
|
9
|
21 feet
|
10 feet 5 inches
| |
70
|
9
|
21 feet
|
9 feet 8 inches
| |
80
|
9
|
20 feet 4 inches
|
9 feet 2 inches
| |
90
|
9
|
19 feet
|
9 feet
|
C.
Location of parking spaces.
[Amended 2-22-2013]
(2)
Commercial. Parking spaces shall be located on the same lot(s) with
the structure they are intended to serve in one of the following ways:
[Amended 2-23-2018]
(a)
Parking in the Commercial Zone is permitted on improved lots,
but only those that have been improved with permanent structures that
have working utilities and one or more bathrooms that are operational
and available for employee, customer or client use during business
hours.
(b)
If approved by the Town Council, open parking spaces required
for a structure may be located on a lot(s) other than those intended
to be served, provided that:
D.
Access, maintenance and operation.
(1)
The parking spaces required by this section shall
be provided and maintained so long as the structure exists for which
the parking spaces are designed to serve.
(2)
Parking spaces shall not be reduced in total extent
after their provision except upon approval of the Town Council, and
then only after proof that the parking spaces provided are no longer
needed by reason of a reduction of employees, seats, gross floor area,
dwelling units or any other unit of measurement, provided that the
Town Council may impose any condition it shall deem necessary to assure
the addition of parking spaces in case of a subsequent increase in
employees, seats, gross floor area, dwelling units or any other unit
of measurement.
(3)
Each parking space in a Commercial Zone shall be individually
accessible at all times from streets or alleys through means of ingress
and egress, and no parking space will be authorized or approved if
egress requires the vehicle to back directly, in order to exit, onto
any of the following: Delaware Route 1, Delaware Avenue, Maryland
Avenue or Island Street.
[Amended 1-27-1995; 2-22-2013]
(4)
Each parking space in a Commercial Zone shall be clearly
designated by four-inch painted lines on three sides or by the use
of the standard bumper (parking) blocks at the front of the parking
space.
(5)
When parking spaces are so arranged that an aisle
is used in conjunction with parking or is required for accessibility
or maneuvering space between rows of two or more parking spaces or
between a row of two or more parking spaces and the perimeter of the
area based on the angle of parking shall be used:
Angle of Parking
(degrees)
|
Aisle Width
(feet)
| |
---|---|---|
0
|
14
| |
20
|
14
| |
30
|
14
| |
40
|
14
| |
45
|
14
| |
50
|
14
| |
60
|
20
| |
70
|
20
| |
80
|
25
|
(6)
Driveways which provide accessibility to parking spaces
accessory to one-family dwellings shall be not less than eight feet
in width.
(7)
Driveways which provide accessibility to parking spaces
accessory to any structure in a Commercial Zone, other than a one-family
dwelling, shall be not less than 14 feet in width.
(8)
Detailed plans shall be submitted to the Building
Official for approval of all curb cuts or driveway openings.
(9)
All applications for building permits shall include
plats, profiles, topographic maps or any other plans in sufficient
detail to determine compliance with requirements of this section.
E.
Rules of interpretation. For the purposes of this
section, the following rules of interpretation shall be applicable:
(1)
Where individual seats are not provided, each 18 inches
of benches or other similar seating shall be considered as one seat.
(2)
The number of employees shall be computed on the basis
of the greatest number of persons to be employed at any one period
during the day or night.
(3)
In computing the number of parking spaces required,
that portion of the gross floor area which is devoted completely to
use as loading berths, loading platform, material, equipment, supply
storage, kitchen food preparation area or food storage area may be
excluded. The excluded areas shall not be open to the general public.
(4)
In the case of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses computed separately in accordance with § 160-10A. Parking space for one use shall not be considered as providing the required parking spaces for any other use.
(5)
Whenever calculations based on the schedule set forth in § 160-10A result in a fractional space, any fraction under 1/2 shall be disregarded, and any fraction of 1/2 or over shall require one parking space.
F.
Vehicle parking on an unimproved lot in the commercial
zone for a fee or not and with or without the permission of the lot
owner is prohibited.
[Added 4-28-2000]
All applications for building permits shall
be accompanied by a plat drawn to scale showing the actual dimensions
of the lot to be built upon, the size of the building to be erected
and such other information as may be necessary to provide for the
enforcement of these regulations. An accurate and complete record
of such applications and plats shall be kept in the office of the
Building Official.[1]
In interpreting and applying this chapter, the
requirements contained herein are declared to be the minimum requirements
for the protection of the health, morals, safety or welfare. This
chapter shall not be deemed to interfere with or abrogate or annual
or otherwise affect in any manner whatsoever any easements, covenants
or other agreements between parties; provided, however, that where
this chapter imposes a greater restriction upon the use of buildings
or premises or upon the height of buildings or requires larger open
spaces than are imposed or required by other ordinances, rules, regulations
or permits, or by easements, covenants or agreements, the provisions
of this chapter shall control.
[Amended 7-26-1996 by Ord. No. 77]
A.
Procedures. There shall be a Board of Adjustment,
consisting of three to five members appointed in accordance with the
provisions of 22 Delaware Code § 322(d)(1), and this Board
shall have the powers defined and conferred, and the limitations imposed,
by Title 22 of the Delaware Code, §§ 321 through 327
inclusive. Said §§ 321 through 327 are included herein
by reference.
Where uncertainty exists with respect to the
boundaries of the various zones shown on the maps accompanying and
made a part of this chapter, the following rules shall apply:
A.
The zone boundaries are either streets or alleys,
unless otherwise shown, and where the designation on the maps accompanying
and made a part of this chapter indicating the various zones are approximately
bounded by street or alley lines, said street or alley shall be construed
to be the boundary of such zones.
B.
Where the zone boundaries are not otherwise indicated
and where the property has been or may hereafter be divided into blocks
and lots, the zone boundaries shall be construed to be lot lines,
and where the designations on the maps accompanying and made a part
of this chapter indicating the various zones are approximately bounded
by lot lines, said lot lines shall be construed to be the boundary
of such zones unless said boundaries are otherwise indicated on the
maps.
C.
Whenever a portion of any zone is indicated upon the
zoning map as a strip paralleling an opened or unopened street, the
width of this strip, unless delimited on said map by lot lines or
otherwise, shall be assumed to be 120 feet measured at right angles
from the lines of the street to which it is parallel and adjacent.
[Amended 2-22-2013; 12-7-2018]
A.
The Town Manager and/or Building Official, or their designee, are
persons authorized to enforce the provisions of this chapter.
B.
A violation of the provisions of this chapter, or the failure to
comply with any of its requirements, shall be punishable by a fine
of $100 for each offense, plus court costs, administrative fees and
reasonable attorneys' fees. Whenever a person shall have been
notified in writing, certified mail, return receipt requested, by
the Town Manager, Building Official or their designee, or by service
of a summons of a violation of this chapter, each day of continued
violation shall be considered as a separate offense. The owner or
tenant of any building, structure, premises or any part thereof, and
any architect, builder, contractor, employee or agent for one of the
aforenamed persons, or any other person who commits, furthers, participates
in, assists in, or maintains any such violation may be separately
convicted and be subject to the same penalties provided herein. Nothing
in this section shall be construed to prevent or otherwise prohibit
the prosecution of the same violation occurring on a date subsequent
to the conviction. The commission, allowance or participation in any
activity defined as a violation of this chapter shall be deemed and
is hereby declared to be a common and public nuisance. The Town Manager,
Building Official or their designee may, on behalf of the Town Council,
institute appropriate proceedings to restrain or enjoin further construction
in violation of the chapter and/or proceedings to abate any violation,
and to require the removal of the violation. In this event, the Town
Council shall be entitled to collect from the offending party or parties
the Town's reasonable attorneys' fees, legal costs, administrative
expenses and court costs, as a part of any judgment or award in a
civil action brought to restrain or enjoin a violation. Such civil
remedies are in addition to and not in lieu of other penalties provided
herein.
[Amended 7-24-2000]
A.
The right to alter, amend or repeal and reenact this
chapter is hereby expressly reserved.
B.
After the approval of a first reading of any proposed
amendment to this chapter and prior to consideration of a second reading
thereof, a public hearing shall be held with at least 15 days prior
notice published in a local newspaper as prescribed by Title 22 of
the Delaware Code, 304.
C.
At such time that a first reading of an amendment
to this chapter is approved by Town Council, any building permit or
license, which would not be allowed under the proposed amendment,
shall not be issued unless a second reading of the proposed amendment
is rejected by Town Council. Any building permit or license, which
would be allowed under the proposed amendment but not allowed without
the proposed amendment, shall not be issued unless a second reading
of the proposed amendment is approved by Town Council.