As used in this chapter, the following terms shall
have the meanings indicated:
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance 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 may be characterized by
ponding or sheet flow.
[Added 6-10-1995]
BASE FLOOD
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).
[Added 8-8-2014 by Ord. No. 172-14]
BASE FLOOD ELEVATION
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.
[Added 8-8-2014 by Ord. No. 172-14]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 6-10-1995]
BATHROOMS
An enclosed or partially enclosed space or room containing
any two or more of the following:
[Added 3-12-2004 by Ord. No. 122-03]
(2)
Water closet ("toilet"); and/or
BOARD OF ADJUSTMENT
A Board authorized by Subchapter II, Title 22, Chapter 3, of the Delaware Code and established by the Town Council of South Bethany pursuant to Article
XV of this chapter.
BREAKAWAY WALL
A wall that is designed and certified by a registered professional
engineer or architect 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.
[Added 6-10-1995; amended 2-13-2015 by Ord. No. 177-14]
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental to that of a principal building and is used for accessory use and is subject to the setbacks and height limitation on the same lot as required by Article
X of this chapter.
BUILDING CODE, INTERNATIONAL CODES
The International Building Code (IBC) and International Residential
Code (IRC) as specified by Sussex County Building Department, as amended,
approved by the Town Council of South Bethany.
[Amended 12-10-2010 by Ord. No. 155-10]
BUILDING LOT ORIENTATION
The terms "front," "rear," and "sides" as used in this subsection shall have the same meaning as in Chapter
145, Zoning.
[Added 5-14-2010 by Ord. No. 153-10]
BUILDING, PRINCIPAL
A building in which is conducted the main use of the lot
on which said building is located, and shall include porches, decks,
stairways, attached shower stalls and carports.
[Amended 2-8-2002 by Ord. No. 106-01]
COASTAL BARRIER RESOURCES SYSTEM
Areas of coastal barriers that serve as barriers against
wind and tidal forces caused by coastal storms and serve as habitat
for aquatic species that are designated by the U.S. Congress and mapped
by the U.S. Department of the Interior, Fish and Wildlife Service,
and shown on the Flood Insurance Rate Map.
[Amended 2-13-2015 by Ord. No. 177-14]
COASTAL HIGH HAZARD AREA
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.
[Amended 2-13-2015 by Ord. No. 177-14]
CONSTRUCTION
The term "construction" includes new construction, additions,
reconstruction, and substantial repair.
[Amended 12-10-2010 by Ord. No. 155-10]
DEVELOPMENT
Any man-made change, repair, rehabilitation, addition, placement
or improvement to improved or unimproved real estate, including but
not limited to buildings or other structures, placement of manufactured
homes, mining, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials.
[Amended 2-13-2015 by Ord. No. 177-14]
DISTRICT
A division of real property within the corporate limits of the Town of South Bethany, as specified in Article
VI of this chapter.
DRY FLOODPROOFING
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.
[Added 2-13-2015 by Ord. No. 177-14]
ELEVATION CERTIFICATE
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 registered professional land surveyor.
[Added 2-13-2015 by Ord. No. 177-14]
ENCLOSURE BELOW THE LOWEST FLOOR
An unfinished or flood resistant enclosure usable solely
for parking of vehicles, building access, or storage, in an area other
than a basement.
[Added 2-13-2015 by Ord. No. 177-14]
FEMA TECHNICAL BULLETIN
A series of guidance documents which are published by FEMA
to provide guidance concerning building performance standards of the
National Flood Insurance Program.
[Added 2-13-2015 by Ord. No. 177-14]
FILL, NONSTRUCTURAL
Any nonstructural composition which is used to artificially
alter the contours of the original land or water surface.
[Amended 2-13-2015 by Ord. No. 177-14]
FILL, STRUCTURAL
Fill which will ultimately be subjected to structural loadings
such as, but not limited to, those imposed by footings, floor slabs
and pavements.
[Added 2-13-2015 by Ord. No. 177-14]
FLOOD DAMAGE RESISTANT MATERIALS
Construction materials capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that
requires more than cosmetic repair. See FEMA Technical Bulletin #2,
Flood Damage-Resistant Materials Requirements, and FEMA Technical
Bulletin #8, Corrosion Protection for Metal Connectors in Coastal
Areas.
[Added 2-13-2015 by Ord. No. 177-14]
FLOOD INSURANCE RATE MAP (FIRM)
An official map on which the Federal Emergency Management
Agency has delineated special flood hazard areas to indicate the magnitude
and nature of flood hazards, and to designate applicable flood zones.
[Amended 2-13-2015 by Ord. No. 177-14]
(1)
Zone A: Special flood hazard areas inundated by the one-percent
annual chance flood; base flood elevations are not determined.
(2)
Zone AE: Special 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. The base flood elevation in
an AE Zone is equal to the number that follows "AE" in feet NAVD.
[Amended 10-14-2016 by Ord. No. 184-16]
(3)
Zone AO: Areas of shallow flooding, with or without a designated
average flood depth. The base flood elevation in an AO Zone is equal
to the number that follows "AO" plus the highest adjacent grade (to
the building) in feet NAVD.
[Amended 10-14-2016 by Ord. No. 184-16]
(4)
Zone VE: Special 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). The base flood
elevation in a VE Zone is equal to the number that follows "VE" in
feet NAVD.
[Amended 10-14-2016 by Ord. No. 184-16]
(5)
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 the Zone VE and the LiMWA will be similar
to, but less severe than, those in the Zone VE.
(6)
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.
(7)
Zone X (not shaded): Areas determined to be outside the one-percent
annual chance flood and outside the five-hundred-year floodplain.
FLOOD INSURANCE STUDY
The official report in which the Federal Emergency Management
Agency has provided flood profiles, floodway information, and the
water surface elevations.
[Added 2-13-2015 by Ord. No. 177-14]
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters; and/or
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN
Any land area susceptible to being inundated by water from
any source (see "flood or flooding").
[Added 2-13-2015 by Ord. No. 177-14]
FLOODPROOFING CERTIFICATE
The National Flood Insurance Program, Floodproofing Certificate
for Non-Residential Structures (FEMA Form 86-0-34), used by registered
professional engineers and architects to certify dry floodproofing
designs.
[Added 2-13-2015 by Ord. No. 177-14]
FLOOR AREA
The sum of all livable and nonlivable areas.
[Amended 2-8-2002 by Ord. No. 106-01; 3-12-2004 by Ord. No.
122-03; 12-10-2010 by Ord. No. 155-10]
FLOOR-TO-AREA RATIO (FAR)
A ratio of the total square footage of floor area to the total lot area. Not included in area calculation for FAR percentage: attic floor area, crawl space area, enclosed ground level space used solely for storage and parking that meets all requirements of Chapter
145, Article
XIV, Coastal Floodplain Regulations, and is not designed or equipped to accommodate use as sleeping quarters, bathroom(s) or other living quarters (e.g., recreational room), "second-floor" air space in a room with cathedral ceiling, elevator shafts above the first floor of living space, ground-level boardwalks, ground-level decks, the portion of steps, ramps, or platforms allowed to encroach into the setback per Article
XI, and unenclosed ground-level paved or unpaved spaces among pilings, including areas surrounded by lattice or boards with one-half-inch-minimum spaces between them.
[Added 3-12-2004 by Ord. No. 122-03; amended 12-10-2010 by Ord. No.
155-10; 3-14-2014 by Ord. No. 171-13; 5-13-2016 by Ord. No. 180-16; 11-17-2017 by Ord. No. 188-17]
FOOTPRINT
The total lot area covered by structures, including porches,
steps and decks more than six inches in height.
FREEBOARD
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.
[Added 8-8-2014 by Ord. No. 172-14]
FUNCTIONALLY DEPENDENT USE
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 ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
[Added 2-13-2015 by Ord. No. 177-14]
GROUND FLOOR
This is the floor of an area below the lowest floor that
is used solely for parking of vehicles, building access, or storage.
[Added 10-14-2016 by Ord.
No. 184-16]
GROUND-LEVEL BOARDWALK
Any pedestrian walkway made of wood or similar synthetic
material not higher than six inches above the ground at any point
immediately below or adjacent to the boardwalk.
[Added 2-8-2002 by Ord. No. 106-01]
GROUND-LEVEL DECK
Any open deck not higher than six inches above the ground
at any point immediately below or adjacent to the deck.
[Added 2-8-2002 by Ord. No. 106-01]
HEIGHT LIMITATION
At the sole discretion of the property owner, the height of a structure shall be measured from the base flood elevation (BFE) or the center line of the street on which the structure fronts between the two side property lines, if extended, to the uppermost point of the structure, except as provided in §
145-38E(2). Such projections as chimneys, television and radio antennas, flagpoles and weather vanes shall not be included in the calculation of the height limitation.
[Amended 3-9-2001 by Ord. No. 95-00; 10-14-2016 by Ord. No. 184-16]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 2-13-2015 by Ord. No. 177-14]
HISTORIC STRUCTURE
Any structure that is:
[Added 6-10-1995; amended 2-13-2015 by Ord. No. 177-14]
(1)
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
(2)
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.
HOUSE TRAILER, MOBILE HOME, CAMPER or RECREATIONAL VEHICLE
A structure on wheels or originally capable of mobility which
is intentionally outfitted or equipped so that humans can sleep or
live therein or can be used for storage. The terms shall include vehicles
mounted on temporary or permanent foundations with the wheels removed.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
An analysis performed by a registered professional engineer
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.
[Added 2-13-2015 by Ord. No. 177-14]
IMPERVIOUS MATERIALS
Materials that prevent precipitation from contacting the
existing soil and do not allow water to penetrate the soil.
[Added 5-14-2010 by Ord. No. 153-10]
KITCHEN
An enclosed or partially enclosed space or room designed,
intended, equipped, or used, either wholly or partly, for the cooking
and/or preparation of food. That an enclosed or partially enclosed
space is designed or equipped to accommodate or provide major appliances
or facilities from all three of the following groups/categories shall
create a rebuttable presumption that the space is a kitchen:
[Added 3-12-2004 by Ord. No. 122-03]
(1)
A refrigerator, freezer, refrigerator/freezer;
(2)
A stove, oven stove/oven, microwave, or gas
or electric cooktop or range;
(3)
A dishwasher, kitchen sink(s), or cabinets for
the storage of dishes, cookware, or utensils.
LETTER OF MAP CHANGE
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:
[Added 2-13-2015 by Ord. No. 177-14]
(1)
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.
(2)
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.
(3)
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.
LIVABLE AREA
The sum of the total square footage from outside wall to
outside wall:
[Added 3-12-2004 by Ord. No. 122-03; amended 3-14-2014 by Ord. No.
171-13]
(1)
All rooms with HVAC, excluding heated utility rooms and enclosed ground level space used solely for storage and parking that meet all requirements of Chapter
145, Article
XIV, Coastal Floodplain Regulations, provided that such utility room(s) and enclosed space(s) are not designed or equipped to accommodate use as sleeping quarters, bathrooms(s), or other living quarters (e.g., recreational room). To be excluded from livable area, a utility room shall be designed and equipped solely for HVAC equipment, storage, laundry facilities (washer, dryer, laundry tub), and/or "mud room." Elevator shafts shall not be counted above the first floor of living space.
[Amended 11-17-2017 by Ord. No. 188-17]
(2)
All spaces completely enclosed by floor and walls and by roof
or ceiling, including walls of glass, glass doors, glass or plastic
(vinyl) windows (except spaces listed above in definition of FAR).
LIVABLE AREA RATIO (LAR)
A ratio of the total square footage of livable area to the
total lot area.
[Added 3-12-2004 by Ord. No. 122-03]
LOADING SPACE
An area designated and reserved for the purpose of loading
or unloading merchandise for transportation purposes.
LOT
A parcel of land occupied or which may be occupied by one
principal building and accessory buildings.
LOT AREA
The total square footage of a lot contained within its property
lines, excluding any area within any public right-of-way.
[Added 3-12-2004 by Ord. No. 122-03]
LOT, CORNER
A lot abutting on two or more intersecting streets or waterways.
LOT COVERAGE
The land area of a lot covered by a principal building within
required setbacks, including steps, porches, garages, decks, carports
and accessory buildings, but not including heat pumps, heaters or
air-conditioning units, provided that such equipment shall be adjacent
to the principal building and shall not extend more than five feet
into a setback area.
LOT, DEPTH
The mean horizontal distance between the front street lot
line and the rear lot line, measured generally perpendicular to the
street lot line.
LOT LINE, FRONT
The property line of a lot abutting a Town street or Jefferson
Creek Bridge Road (County Road No. 361).
LOT, WIDTH
The mean horizontal distance between side lot lines. For
irregular lots, including cul-de-sac lots, "lot width" is determined
by the horizontal distance between side lot lines at the front setback
line.
LOWEST FLOOR
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.
[Added 6-10-1995; amended 2-13-2015 by Ord. No. 177-14]
LOWEST HORIZONTAL STRUCTURAL MEMBER
In an elevated building, the lowest beam, joist, or other
horizontal member that supports the building is the lowest horizontal
structural member. Grade beams installed to support vertical foundation
members where they enter the ground are not considered lowest horizontal
members.
[Added 10-14-2016 by Ord.
No. 184-16]
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
[Amended 6-10-1995]
NAVD 88
North American Vertical Datum (NAVD) of 1988. The vertical
control datum established for vertical control surveying in the United
States of America based upon the General Adjustment of the North American
Datum of 1988.
[Added 8-8-2014 by Ord. No. 172-14]
NEW CONSTRUCTION
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
October 6, 1976, the date of the Town's entry into the National Flood
Insurance Program (NFIP) and includes any subsequent improvements
to such structures.
[Added 6-10-1995; amended 4-17-1998 by Ord. No. 74-98]
NONCONFORMING STRUCTURE
A structure existing at the date of adoption of this chapter
which conformed to the lawful minimum width, area, setback, height,
lot coverage and square footage requirements for the district in which
it is located prior to the adoption or amendment of this chapter,
but which fails to conform to the requirements of this chapter for
the district in which it is located by reason of such adoption or
amendment.
[Amended 9-8-1995 by Ord. No. 50-95]
NONCONFORMING USE
A use existing at the date of adoption of this chapter which
conformed to the lawful requirements for the district in which it
is located prior to the adoption or amendment of this chapter, but
which fails to conform to the requirements of this chapter for the
district in which it is located by reason of such adoption or amendment.
[Amended 9-8-1995 by Ord. No. 50-95]
NONLIVABLE AREA
The total square footage of the items below measured from
outside structural element to outside structural element.
[Added 3-12-2004 by Ord. No. 122-03; amended 12-10-2010 by Ord. No.
155-10; 3-14-2014 by Ord. No. 171-13]
(1)
Open decks, balconies, and walkways six inches or more above
grade.
(6)
Utility and storage rooms.
ONE-HALF BATHROOM
A room with a toilet and a sink only.
[Added 3-12-2004 by Ord. No. 122-03]
ONE-HUNDRED-YEAR FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
[Amended 2-13-2015 by Ord. No. 177-14]
OPEN
Open to the weather on at least one side.
[Added 3-12-2004 by Ord. No. 122-03]
OPEN DECK
An unenclosed, unscreened and uncovered open platform area.
[Amended 2-8-2002 by Ord. No. 106-01]
OTHERWISE PROTECTED AREA
Portions of coastal barriers owned or established under federal,
state, or local law, or held by a qualified organization, primarily
for wildlife refuge, sanctuary, recreational, or natural resource
conservation purposes. The boundaries of "otherwise protected areas"
are established by the U.S. Department of Interior, Fish and Wildlife
Service and shown on the Flood Insurance Rate Map.
[Added 2-13-2015 by Ord. No. 177-14]
PAVED DRIVEWAY
A path or parking area for vehicles, constructed of impervious
materials (concrete, asphalt, etc.), leading from the property line
abutting the street right-of-way.
[Added 3-9-2001 by Ord. No. 93-00]
PAVED SIDEWALK
A path for pedestrians, constructed of impervious materials
(concrete, asphalt, etc.), leading from the property line abutting
the street right-of-way.
[Added 3-9-2001 by Ord. No. 93-00]
PERMEABLE PAVERS
Masonry units made of concrete, clay or stone, which when
used to construct pavement, meet the requirements of pervious materials
as defined below.
[Added 2-10-2012 by Ord. No. 159-11]
PERSON
An individual or group of individuals, corporation, partnership,
association, or any other entity, including state and local governments
and agencies.
[Amended 2-13-2015 by Ord. No. 177-14]
PERVIOUS MATERIALS
Materials that permit water to enter the ground by virtue
of their porous nature or by large spaces in the material.
[Added 5-14-2010 by Ord. No. 153-10]
RECREATIONAL VEHICLE
A vehicle which is:
[Added 6-10-1995]
(1)
Built on a single chassis;
(2)
Four hundred square feet or less when measured
at the largest horizontal projection;
(3)
Designed to be self-propelled or permanently
towable by a light-duty truck; and
(4)
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
RENOVATION/REMODELING/ALTERATION
The interior or exterior modification of an existing principal
or accessory building, or any of its parts, which entails removal
or replacement of existing materials and/or the addition of new materials
of any one or more of the following types: structural members, pilings,
beams, rafters, joists, studs, walls, roofs, floors, decks, stairs,
porches, balconies, siding, windows, doors, electrical systems, plumbing
systems or HVAC systems.
[Added 12-12-2008 by Ord. No. 146-08; amended 3-14-2014 by Ord. No.
171-13]
REPAIRS
The patching, restoration and/or minor replacement of materials,
elements, components, equipment and/or fixtures on a like-for-like
basis for the purpose of maintaining a structure or accessory structure.
[Added 3-14-2014 by Ord. No. 171-13]
(1)
Examples of minor replacements include but are not limited to
solid waste bins and/or some shingles; siding; window panes or sashes;
doors; shutters; pieces of molding and trim; deck boards; stair treads;
and/or electrical fixtures. Also included but not limited to sections
of deck and stairway railings; gutters; and/or fences.
(2)
Not considered repairs are new, upgraded, or complete replacement
of such things as roofs, siding, windows, decks, stairways, railings,
and fences.
REPAIRS, EMERGENCY
Any repairs, as defined herein, that are required immediately
to prevent damage or additional damage by infiltration of rain, wind,
storm, or infestation. Also to remedy conditions that may cause an
immediate hazard to the health and safety of the inhabitants or to
secure the structure from illegal entry, intrusion or theft of personal
belongings.
[Added 3-14-2014 by Ord. No. 171-13]
SETBACK
An area extending from the lot lines to the exterior building
lines within which no other building or other structure may be erected,
unless otherwise provided in this chapter.
SETBACK LINES
A line parallel to the street lot line and distant from it
the least minimum depth of a required front yard; also a line parallel
to a side boundary line and distant from it the least minimum depth
of a required side yard; also a line parallel to the lot rear boundary
line and distant from it the least minimum depth of a required rear
yard.
SINGLE-FAMILY DWELLING
A single-family detached unit providing complete living facilities
for one or more individuals, including permanent provisions for living,
sleeping, eating, cooking and sanitation with a maximum of one kitchen.
[Amended 3-12-2004 by Ord. No. 122-03; 6-23-2016 by Ord. No. 181-16]
SPECIAL EXCEPTION
A use permitted within a district granted by a special use
permit issued by the Board of Adjustment.
SPECIAL FLOOD HAZARD AREA
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 Article
XIV.
[Added 2-13-2015 by Ord. No. 177-14]
START OF CONSTRUCTION
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. For the purpose of Article
XIV, Coastal Floodplain Regulations, only, 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.
[Amended 2-13-2015 by Ord. No. 177-14]
STREET
A right-of-way on which motor and other vehicles travel within
the corporate limits of the Town, which shall include roadways, streets,
lanes, crosswalks, parking areas, curbing and guttering, but shall
not include any state or federal highway.
STREET LOT LINE
The property line of a lot abutting the right-of-way of a
street in South Bethany, State Route No. 1, or Jefferson Creek Bridge
Road (County Road No. 361).
STRUCTURE
Anything constructed, erected upon or attached to, on or
below the ground, including but not limited to the following: gas
or liquid storage tanks, dams, docks, fences, walls, principal buildings,
accessory buildings, dish antennas, manufactured homes, footings,
basements, framing, pilings and foundations.
[Amended 2-13-2015 by Ord. No. 177-14]
STRUCTURE, ACCESSORY
A subordinate structure, the use of which is customarily incidental to that of a principal building or accessory building and is used for accessory use and is subject to the setbacks and height limitation on the same lot as required by Article
X of this chapter. Accessory structures include but are not limited to open air decks, outside shower enclosures, sheds, storage areas, walkways, stairs, ramps, boardwalks, fences, paved driveways and sidewalks, piling covers, buried gas and/or oil tanks and aboveground gas and/or oil tanks.
[Added 4-17-1998 by Ord. No. 74-98;
amended 3-9-2001 by Ord. No. 93-00]
STRUCTURE, TEMPORARY
A nonpermanent structure used at or on a building site during
the construction period only.
SUBSTANTIAL DAMAGE
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.
[Added 6-10-1995]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, renovation, remodeling, alteration, repair,
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, as defined herein,
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 by the local code enforcement
official and which are the minimum necessary to assure safe living
conditions.
[Added 4-17-1998 by Ord. No. 74-98; amended 2-13-2015 by Ord. No.
177-14]
TRAILER
Any open or enclosed vehicle movable either by its own power
or drawn by another vehicle.
VARIANCE
A departure from the dimensional terms of this chapter.
VIOLATION
A violation is the failure of a structure or other development to be fully compliant with Chapter
145. For the purpose of Article
XIV, 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.
[Added 2-13-2015 by Ord. No. 177-14]
YARD
An open area on a lot on which a principal building is located.