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ZONING

CHAPTER 19. ZONING.

 

ARTICLE 1. GENERAL PROVISIONS.

§19-1.           Purpose.

§19-2.           Title.

§19-3.           Scope.

§19.4.            Definitions.

§19-5.           Construal of provisions; higher standards to govern.

§19.6.            Designation of districts.

§19-7.           Zoning Map.

§19-8.           District boundaries.

§19-9.           Areas not shown on Zoning Map; annexed areas.

 

ARTICLE 2. USE REGULATIONS.

§19-21.         R-1(5) District.

§19-22.         R-1 District.

§19-23.         R-2 District.

§19-24.         C-1 District.

§19-25.         C-2 District.

§19-26.         C-3 District.

§19-27.         CM District.

§19-28.         O-1 District

§19-29.         Accessory uses permitted.

§19-30.         Use restrictions.

 

ARTICLE 3. HEIGHT, DENSITY AND AREA REQUIREMENTS.

§19-31.         Height regulations.

§19-32.         Lot coverage.

§19-33.         Minimum lot dimensions.

§19-34.         Lot area per dwelling unit.

§19-35.         Building setback lines.

§19-36.         Rear yards.

§19-37.         Side yards.

§19-38.         Storage of refuse.

§19-39.         Limitation on size of restaurant.

 

ARTICLE 4. OFF-STREET PARKING, LOADING AND UNLOADING.

§19-41.         Applicability of Article.

§19-42.         Size of parking space; ingress and egress; maintenance.

§19-43.         Reduction of parking facility prohibited.

§19-44.         Cooperative establishment of facilities.

§19-45.         Encroachment upon front yard depths.

§19-46.         Parking lots to be enclosed.

§19-47.         Minimum parking spaces required; exceptions.

§19-48.         Loading and unloading berths.

§19-49.         Parking meters in R-1(S) and R-1 Districts.

 

ARTICLE 5. SPECIAL PROVISIONS.

§19-51.         Noise, odor and vibration nuisances prohibited.

§19-52.         Temporary structures prohibited; exceptions.

§19-53.         Gas and oil pump hoses.

§19-54.         Corner lot setback lines.

§19-55.         Structures in required yard areas.

§19-56.         Fences, screens and walls.'

§19-57.         Accessory buildings.

§19-58.         Rental of rooms in R-1 District.

§19-59.         Garage apartments in R-1 or R-I(S) District.

 

ARTICLE 6. NONCONFORMITY.

§19-61.         Nonconforming buildings and uses exempt.

§19-62.         Changing classification of nonconforming uses.

§19-63.         Structural alterations and repairs.

§19-64.         Extension of nonconforming structures.

§19-65.         Destruction and rebuilding of nonconforming structure or use.

§19-66.         Determination of nonconformity.

§19-67.         Relocation of nonconforming restaurant.

§19-68.         Relocation of nonconforming patio.

§19-69.         Extension of nonconforming uses of land.

 

ARTICLE 7. SIGNS.

§19-71.         Definitions.

§19-72.         Signs to conform to regulations.

§19-73.         Temporary signs.

§19-74.         Lighting restrictions.

§19-75.         Table of Signs.

§19-76.         R-1 and R-I(S) Districts.

§19-76.1.      Location of signs in R-1 and R-l(S) Districts.

§19-77.         R-2 Districts.

§19-77.1.      Location of signs in R-2 Districts.

§19-78.         Commercial districts; permits and fees.

§19-78.1.      Regulations applicable in commercial districts.

§19-79.         Maintenance and removal.

§19-79.1.      Enforcement.

§19-79.2.      Violations and penalties.

 

ARTICLE 8. BOARD OF ADJUSTMTNT.

§19-81.         Membership; terms; removal; vacancies.

§19-82.         Appeals.

§19-82.1.      Effect of appeal; restraining order.

§19-83.         Hearing; notice.

§19-84.         Powers.

§19-84.1.      Power to modify or reverse decisions.

§19-85.         Rules and regulations.

§19-86.         Expiration of special exceptions and variances.

§19-87.         Fee schedule.

§19-88.         Meetings; power of Chairman; records of proceedings.

 

ARTICLE 9. ADMINISTRATION AND ENFORCENMNT.

§19-91.         Office of Building Inspector created; appointment; Assistant Building Inspectors.

§19-92.         Qualifications of Building Inspector.

§19-93.         Enforcement of chapter; plot plan.

§19-94.         Violations and penalties.

§19-95.         Building permits..

§19-96.         Usual and necessary repairs.

 

ARTICLE 10.  AMENDNMENT PROCEDURE.

§19-101.       Modifications may be made.

§19-102        Protest against proposed change.

§19-103.       Hearings required; notice.

 

ARTICLE 11.  SEVERABILITY; CONFLICTS; EFFECTIVE DATE.

§19-111.       Severability.

§19-112.       Conflicts with state statute.

§19-113.       Effective date.

Table of Use Regulations

Sign Requirements Per Zoning District


ARTICLE 1. GENERAL PROVISIONS.

Sec. 19-1.  Purpose.

(a)        For the purpose of promoting public health, safety, morals or the general welfare of the City of Rehoboth Beach, the following regulations or restrictions, together with the Zoning Map, are adopted.

(b)        The purpose of these regulations and restrictions is to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.  The regulations are made within reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality. (Ord. No. 991-1,1 9/13/1991.)

 

Sec. 19-2.  Title.

This chapter shall be known as the 'Rehoboth Beach Zoning Ordinance' and the Zoning Map and subsequent amendments thereto, on file in the office of the City Manager, as the 'Rehoboth Beach Zoning Map." The Rehoboth Beach Zoning Map shall be as compiled and prepared by J. Curtis Fritchman, dated March 15, 1980, and as such Zoning Map may hereafter be revised or amended. (Ord.  No. 991-1,[1] 9/13/19,91.)

 

See. 19-3.     Scope.

(a)        The use of all land and any building or portion of a building erected, altered with respect to size and area, added to or relocated, and every use within a building or use accessory thereto, shall be in conformity with the provisions of this chapter.

(b)        This chapter shall not apply to lands owned by the City of Rehoboth Beach.

(Ord.  No. 991-1, 9/13/1991.)

 

19-4.  Definitions.

As used in this chapter, unless the context otherwise requires:

Accessory building means a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building or a structure which does not share a wall in common with the main building.  No 'accessory building' can exceed twelve (12) feet in height.

Accessory use means a use on the same lot with and customarily incidental to any permitted uses.  'Accessory use' shall not include any use that by its nature could result in noise, smoke, dust, smell or unsightliness objectionable in a residential district.  In an R-1 and R-1(S) District, excepting legal nonconforming uses existing on the date of this chapter, use of a structure other than the main building on a lot, either in whole or in part, as a dwelling or a dwelling unit is not

a permitted “accessory use.”

Apartment means a room or suite of rooms in a dwelling or other permitted structure designed for use as a residence by a single family.

Apartment, garage means facilities for human habitation occupying not more than fifty-one percent (51%) of the floor area of the entire structure, which facilities are erected over or adjoining or attached to or under the same roof as a private garage, which garage is detached from any other building and is separated from the main dwelling on

the lot by at least six (6) feet.

Apartment, garden means a building designed for and occupied exclusively as a residence for three (3) or more families living independently of one another and which is no more than three (3) stories or thirty-five (35) feet in height.

Apartment, house means a building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.

Apartment, mid-rise means a building designed for and occupied exclusively as a residence for more than three (3) families living independently of each other and which is no more than four (4) stories or forty-two (42) feet in height.

Bar area means the floor space in any restaurant or dinner theater that is used primarily for the service or consumption of alcoholic liquor and not secondary to food consumption.  It shall include but not be limited to the bar counter and the contiguous floor and seating area where alcoholic liquor is dispensed or consumed, together with all other areas of the restaurant, except the permanent seated dining area, whether contiguous to the bar or not, where patrons are served or consume alcoholic liquor.

Basement means a space below a structure which has one-half (1/2) or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (61/2) feet.

Block means any given portion of lands in private ownership lying within the corporate limits of the city but in no way intersected by the adjacent lines of any given number of the public roads, avenues, streets, lanes, alleys, ways, parks, beaches, strands, waterways, zoning districts or corporate limits of the city.

Building means a structure, usually roofed, walled and built for permanent use, as for a dwelling or for commercial purposes.

Building area means the aggregate of the maximum horizontal cross-section areas of the buildings on a lot.

Building setback line means a line extending between the two side lot lines of a lot or a parcel of land which is parallel to and a stated distance from a street line, and fo=ing the required front yard.

Caterer means any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social gatherings, such as weddings, dinners, benefits, banquets or other similar events, for consideration on a regular basis and duly Licensed by the state as caterers, with at least 60% of its gross receipts resulting from the sale of food.

Cellar means a space below a structure which has less thanl/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less

 than 6 ½ feet.

Commission or Commissioners means the Commissioners of Rehoboth Beach set forth in the Charter of the City of Rehoboth Beach.

Dwelling shall mean a building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.

Dwelling, single-family attached means a building for and used exclusively as a residence for only one family and which is one of a group of three or more such buildings separated by party walls.

Dwelling, single-family detached means a building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building and no part of such building was formerly used for a cabin, railroad car, trailer, mobile home, relocatable home or houseboat.

Dwelling, single-family semidetached means a building designed for and occupied exclusively as a residence for only one family and having one party wall in common with an adjacent buildings

Dwelling, two-family means a two- or three-story building designed for and occupied by two families living independently of each other, with one family living above the other.

Dwelling unit means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.  Nothing herein shall permit cooking facilities in any individually rented hotel room, motel room, inn room, tourist home room, rooming house room or boardinghouse room.

Electric/gas utility building means a building and facilities used for supplying electricity or gas, or both, or for other business purposes of the electricity-gas utility.

Enclosed  place of amusement means a place of amusement which contains a roof and which is enclosed on all sides by a sound barrier.

Family means a single person occupying a dwelling unit and maintaining a household or two or more persons related by blood or marriage or adoption occupying a dwelling unit, living together and maintaining a common household, or not more than three unrelated persons occupying a dwelling unit and maintaining a common household.

Fence means any artificially constructed barrier of any materials or combination of materials, except for barbed wire and similar materials, erected to enclose or screen areas of land, but not including a wall.

Floor area, gross means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls or from the center line of a wall separating two attached buildings, including basements but not including cellars and any space where the floor-to-ceiling height is less than six feet.  It shall include the horizontal area of any space beneath any building created by pilings, piers or any other structural support which is greater than four feet in height; however, if said building is located within any area designated as a special flood hazard area as determined by the Federal Emergency Management Agency (FEMA) and, as a result, the building is mandated by FEMA to be elevated in excess of four feet in height by pilings, piers or any other structural support, -then said space shall not be included in calculating the gross floor area, so long as the building's elevation does not exceed by more than one foot the elevation so mandated.

Floor area ratio (FAR) means the quotient obtained by dividing the gross floor area of all buildings on a lot by the gross lot area.

Floor, commercial means a floor or story of a building that is entirely devoted to commercial use and has no living accommodations.

Floor, residential means a floor or story of a building, any portion of which is devoted to residential use, such as motel rooms or residential condominiums.

Food establishment means an establishment, not a restaurant, which serves various refreshments, not including alcoholic beverages, for consideration.

Front means that side of a building which faces the street without regard for the principal place of entry.  In the case where a building faces intersecting streets (a corner), the side of the building facing the street on which the shorter lot dimension abuts is the 'front.' If the lot dimensions abutting the streets are equal, either side of the building facing a street may be considered the 'front.'

Garage, private means a single-story building without living accommodations accessory to a dwelling and used for the storage of not more than three motor vehicles.  In any district the maximum height of the eaves above the abutting grade shall be not more than 12 feet and the highest point on the roof shall not be more than six feet above the eave line.  Ornamental embellishments not used for storage shall not be included in determining the height of the highest point on the roof.

Garage, public or commercial means a building, not a private garage, used solely for the storage of all types of motor vehicles for consideration.

Height means the height of a building measured from a point where the center line of the building to be erected intersects with the center line of the street on which the building will front to the highest point on the roof, its parapet walls or an architectural embellishment which extends above the roof.  Heating, ventilation and cooling devices, which are to be enclosed so as to be obscured from view, and other mechanical or architectural necessities, such as elevator shafts, stair-way entries, chimneys, antennas and railings erected for safety, shall not be included in calculating "height.'

Hotel, motel or inn means a building or structure operated for profit, accommodating more than six persons, providing lodging, food and/or service to the transient traveling public, and may include restaurants, club rooms, public banquet halls, ballrooms or meeting rooms, but the individual living un-its shall not contain kitchen or cooking facilities.

Loading/unloading berths means accommodation off the street for loading and unloading motor transport equipment and designed to provide adequate space for efficient maneuvering into and out of loading position at properly constructed docks located either within a building or in the yard on the same lot.  The minimum space on the premises where such facility is required shall be 576 square feet of usable area for each such berth, which shall be not less than 12 feet in width and 48 feet in length.

Lot means the parcel of land on which a main building and any accessory buildings are placed, together with the required yards.  The area of the lot shall be measured to the street line only.  A lot shall be as shown on the Zoning Map of the city, except that nothing herein shall prevent the merger of two or more lots as shown on the Zoning Map into a larger lot if the lots are utilized as one parcel through the placement of a structure or structures thereon.

Lot area, gross means the area of a lot inside the property lines.

Lot area, net means the gross lot area minus the area of all required setbacks.

Lot coverage means that portion of the lot area that is covered by building or structures.

Main building means the principal building on a lot, the building in which is conducted the principal use of the lot on which it is located and which, in a residential district, is the residential structure on the lot with the largest gross floor area.

Mixed use, as applied to buildings, means the inclusion within a building of both commercial and residential use.

Mobile home (house trailer) means a movable or portable dwelling constructed to be towed on its own chassis, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or of two or more units separately towable but designed to be joined into one integral unit.

Natural area means that portion of the gross lot area that is dedicated to either trees, grass, flowers, bushes, other plantings and/or mulched areas.  For the purposes of calculating natural area, mulched areas shall be limited to the use of vegetative ground covers and shall not include the use of clam shells, decorative stone or other similar hard materials.

Open porch means any porch attached to the outer wall or walls of a building and which on its other side or sides is entirely open to light and air, from the floor to the ceiling.  The opemng(s) may be interrupted by any or all of the following:

(a)        A guardrail not exceeding 42 inches in height.

(b)        A railing or solid wall between the guardrail and the floor.

(c)        Open mesh screening against insects extending

substantially from floor or guardrail to ceiling, together with necessary framework required to support the same.

(d)        Necessary posts or pillars required to support the porch roof.

Parking lot means any area privately owned which is used for the storage of motor or other vehicles, not in excess of 24 hours' continuous storage and which is used for more than four vehicles.

Permanent seated dining area means the floor space in any restaurant or dinner theater where complete meals are served. A permanently marked dance floor may be located in the permanent seated dining area, but the square footage of its floor space shall not be included in the calculation of the square footage of the permanent seated dining area, but rather shall be included in the calculation of the square footage of the bar area. Tables and chairs in the permanent seated dining area may not be temporarily moved so as to increase the space where patrons can consume alcoholic liquor without such consumption being secondary to food consumption while seated at tables.  Patrons may not consume alcoholic liquor in the permanent seated dining area unless seated at tables.  The square footage of floor space of a dining patio, as defined at Section 19-30.11(b), shall not be included as part of the permanent seated dining area or as part of the bar area.  The square footage of floor space of a patio which is not a dining patio, as defined at Section 19-30.11(c), shall be included as part of the bar area.

Place of amusement means an area for rides, games, slides, merry-go-rounds or where more than five coin-operated games or amusement devices, such as pinball machines or similar electromechanical devices are located, in one structure or location, but does not include theaters, miniature golf courses or restaurants.

Public notice means the publication in a newspaper of general circulation in the City of Rehoboth Beach, at least 15 days prior to the hearing, advising the public of the time and place of the hearing.

Relocatable house means a movable or portable dwelling designed and constructed without a carnage or hitch.  It is designed and constructed to be separated from its foundation and utilities and relocated.

Restaurant shall mean:

(a)        Where no alcoholic liquor is sold or consumed on the premises, any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration, and which has seating at tables for 35 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook.  The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of meals.

(b)        Where alcoholic liquor is sold or consumed on the premises, a totally enclosed, except where a special patio license has been granted, commercial establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration and which has seating and tables for 35 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook.  The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of meals.  The bar area shall be no more than 25c,/o of the square footage of the permanent seated dining area, but not to exceed a maximum of 1,000 square feet, except that any restaurant regardless of its permanent seated dining area may have a bar area of 350 square feet.  The occupancy capacity must conform with the Fire Marshal's guidelines.

Screen means any natural or cultivated vegetation and/or artificially constructed barrier which serves to visually shield or obscure one abutting or nearby structure or use from another, but not including a wall.

Single and separate ownership means the ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.

Special exception means the permission or approval granted by the Board of Adjustment, in situations where provisions therefor are made by the terms of this chapter.

Street means a public right-of-way which provides a means of public access to the abutting property.

Street line means the line of a dedication in the case of a dedicated street, avenue, lane or alley of the city, and a line 10 feet each side of the center line in the case of a private road.

Structure means anything constructed or erected, including any part thereof, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, house trailers, mobile homes, relocatable homes, signs, swimming pools, porches, balconies, decks, canopies, fences, backstops for tennis courts, pergolas, gazebos, heating, ventilating and cooling devices, compressors or pumps and showers, and excluding driveways and sidewalks.

Structure, temporary means a structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

Telephone central office means a building and its equipment erected and used for the purpose of facilitating transmissions and exchange of telephone messages between subscribers and other business of the telephone company.  In a residential district, a "telephone central office" shall not include public business facilities, storage of materials or trucks, repair facilities or housing of repairmen.

Tourist, rooming or boarding house means a dwelling or structure or part thereof used to provide sleeping accommodations, with or without meals, for compensation, for no more than six persons.

Trailer park means any area privately or publicly owned in which space is rented or leased to owners or possessors of trailers drawn by motor vehicles of all types.

Undisturbed ground level means ground at its natural elevation and ground the level of which has not been disturbed by excavation or fill.

Wall means:

(a)        A structure of brick, masonry or similar materials erected so as to enclose or screen areas of land; or

(b)        The vertical exterior surface of a building; or

(c)        The vertical interior surfaces which serve to divide a

building's space into rooms.

Yard means an unoccupied space open to the sky on the same lot with a building or structure.

Yard, front means the required unoccupied space ex-tending along the street line of any street on which the lot abuts. (See definition of “front.”)

Yard, rear means the required unoccupied space extending-' along the rear lot line,. not a street line, through the whole width of the lot.

Yard, side means the required unoccupied space between the side lot line and a straight parallel line within the yard extending from the front yard to the rear yard and the width of which space is the minimum distance between the side of the main building or any permitted projection thereof and the side lot line.

(Ord.  No. 991-1, 9/13/1991; amended Ord.  No. 1291-2, 12/13/1991; Ord.  No. 197-1, §§1 and 2, 1/10/1997; Ord.  No. 197-2, §1, 1/10/1997.)

 

Sec. 19-5.  Construal of provisions; higher standards to govern.

(a)        In interpreting and applying the provisions of this chapter, the provisions herein shall be construed to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the city.

(b)        Whenever the provisions of this chapter require a greater width or size of yards or courts or require a lower height of structures or less number of stories or require a greater percent-age of a lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of this chapter shall govern.

(c)        Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts or require a lower height of structure or a less number of stories or require a greater percentage of a lot to be left-unoccupied or impose other higher standards than are required by the regulations of this chapter, the provisions of such statute or ordinance shall govern. (Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-6.    Designation of districts.

The city shall be divided into districts more particularly described and shown upon the Rehoboth Beach Zoning Map.  The districts shall be designated as follows:

R-1(S) Special Single-Family Residence District

R-1      Single-Family Residence District

R-2      General Residence District

C-1      Central Commercial District

C-2      Commercial-Amusement District

C-3      Secondary Commercial District

CM      Cemetery District

O-1      Open Space District

(Ord.  No. 991-1, 9/13/1991.)

 

19-7.  Zoning Map.

The boundaries of the zoning districts shall be as shown ,ipon the map designated as the "Rehoboth Beach Zoning Map."[2] The map and all the notations, references and other data shown thereon are hereby incorporated by reference and shall have the same force and effect as if fully set out herein.

(Ord. No. 991-1, 9/13/1991.)

 

Sec. 19-8.   District boundaries.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall govern:

(a)        The district boundaries shall be the center line of streets, avenues and lanes, unless otherwise shown; and where the designation of the Zoning Map indicates a boundary approximately upon a street line, the center line of such street shall be construed as the boundary.

(b)        Where the district boundary indicates a boundary approximately upon a lot line, the lot line shall be construed as the boundary.

(c)        In case of doubt or disagreement concerning the exact location

of boundary lines the determination shall lie with the Board of Adjustment.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-9.  Areas not shown on Zoning Map; annexed areas.

(a)        Any land located in the City of Rehoboth Beach not shown as lying within any district on the Zoning Map shall be deemed to be located in the 0-1 Open Space District.

(b)        If any lot or land is annexed to the City of Rehoboth Beach, it shall be deemed to be located in the R-1 Single-Family Residence District until otherwise shown on the Zoning Map. (Ord.  No. 991-1, 9/13/1991.)

 

ARTICLE 2. USE REGULATIONS.[3]

 

19-21.  R-1(S) District

19-21.1.           Purpose.  The R-l(S) District is designed to protect and maintain that residential area southeast of Central Park where large lots are developed with single-family detached dwellings.

19-21.2.           In the R-1(S) District no building or premises shall be used and no building shall be erected, except as provided in Article 6, which is a-,ranged, intended or designed to be used for other than one (1) or more of the uses listed in this section as follows.

19-21.3.           As a matter of right.  The following uses are permitted as a matter of right:

19-21.31.         Single-family detached dwelling provided that no more than one (1) main building may be erected on a single lot.

19-21.32.         Accessory uses, as defined in Section 19-4.

19-21.33.         Signs pursuant to Article 7.

19-21.34.         Tilling of land.

(Ord.  No. 991-1, 9/13/1991.)

 

19-22.  R-1 District.

19-22.1.           Purpose.  The R-1 District is designed to protect and maintain those residential areas now developed primarily with single-family detached dwellings and primarily on lots of at least five thousand (5,000) square feet.

19-22.2.           In the R-1 District no building or premises shall be used and no building shall be erected, except as provided in Article 6, which is arranged, intended or designed to be used for other than one (1) or more of the uses listed in this section as follows.

19-22.3.           As a matter of right.  The following uses are permitted as a matter of right

19-22.31.         Any use permitted in the R-l(S) District under Section 19-21.3 of this Article.

(Ord.  No. 991-1, 9/13/1991.)

 

See. 19-23.  R-2 District.

19-23.1.           Purpose.  The R-2 District is designed to include those residential areas where structures may be built or arranged so as to include more than one (1) dwelling unit.

19-23.2.           In the R-2 District, no building or premises shall be used and no building shall be erected, except as provided in Article 6, which is arranged, intended or designed to be used other than for one (1) or more of the uses listed in this section as follows.

19-23.3.           As a matter of right.  The following uses are permitted as a matter of right:

19-23.31.         Any use permitted in the R-1 District under Section 19-22.3 of this Article.

19-23.32.         Two-family dwelling.

19-23.33.         Single-family semidetachd dwelling.

19-23.,34.        Single-family attached dwelling.

19-23.35.         Garden apartment.

19-23.36.         Garage apartment.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-24.  C-1          District.

19-24.1.           Purpose.  The C-1 District is designed to include those commercial areas-wherein uses are not restricted as to the floor space size.

19-24.2.           In the C-1 District, no structure or land shall be used or occupied and no structure or part thereof shall be erected, moved or altered, except as herein specified or as provided in Article 6.

19-24.3.           As a matter of right.  The following uses are permitted as a matter of right-.

19-24.31.         Any use permitted in the R-2 District under Section 19-23.3.

19-24.32.         a.         Mid-rise apartment.

b.         Tourist, rooming or boarding house.

c.         Hotel, motel or inn, where the motor vehicle entrances have been approved by the Building Inspector so as to comply with the applicable city standards and the State of Delaware Department of Transportation specifications, and so as not to be unsafe for pedestrian traffic.

19-24.33.   a.  Fire station.

b.         Public or private automobile parking lot pursuant to Article 4.

19-24.34.         a.  Retail stores, including gift, art and antique shops,

but not including bird or animal treatment or sale; and personal services shops, including craftpersons' trades not requiring the use of power tools.

b.         Restaurants or caterers or dinner theaters.

c.         Theaters and halls for the entertainment of guests.

d.         Billiard, pool or bowling establishments and miniature golf courses.

e.         Food establishments where alcoholic beverages are not served or consumed.

19-24.35.         a.  Telephone central office.

b.         Electric/gas utility building.

c.         Laboratories, analytical and chemical.

d.         Printing, engraving and print reproductions.

e.         Hand laundry and dry cleaning where cleaning is not done on premises.

Professional offices and studios.

g.         Offices, banks and other financial institutions and courts of law.

h.         Private club or lodge.

i.          Self-service laundry.

19-24.36.   a.  Commercial tennis courts.

b.         Gymnasium or health club.

c.         Public or commercial garages, repair shop, gas and oil service stations.

d.         Undertaking parlors and undertaker's supplies.

19-24.4.           Under Board of Adjustment approval.  The following uses are permitted by special exception if approved by the Board of Adjustment as provided in Section 1985, and provided that such uses will not adversely affect the use of neighboring property nor injure the character of the neighborhood:

19-24.41.         Public or private school.

19-24.42.         Church or other place of worship; parish house or Sunday School building.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-25.  C-2 District.

19-25.1.           Purpose.  The C-2 District is designed to include those commercial areas on or adjacent to the Boardwalk wherein enclosed places of amusement are one of the uses permitted, and uses are not restricted as to floor space size.

19-25.2.           In the C-2 District, no structure or land shall be used or occupied and no structure of part thereof shall be erected, moved or altered, except as herein specified or as provided in Article 6.

19-25.3.           As a matter of right.  The following uses are permitted as a matter of right-

19-25.31.         Any uses permitted in the R-2 District under Section 19-23.3.

19-25.32.         a. Mid-rise apartment.

b.         Tourist, rooming or boarding house.

c.         Hotel, motel or inn, where the motor vehicle entrances have been approved by the Building Inspector so as to comply with the applicable city standards, and the State of Delaware Department of Transportation specifications and so as not to be unsafe for pedestrian traffic.

19-25.33. a.     Fire station.

b.         Public or private automobile parking lot pursuant to Article 4.

19-25.34. a.     Retail stores, including gift, art and antique shops, but not including bird or animal treatment or sale, and personal services shops, including craftspersons' trades not requiring the use of power tools.

b.         Restaurants or caterers or dinner theaters.

c.         Theaters and halls for the entertainment of guests.

d.         Billiard, pool or bowling establishments and miniature golf courses.

e.         Telephone central office.

f.          Electric/gas utility building.

g.         Laboratories, analytical and chemical.

h.         Printing, engraving and print reproduction.

i.          Hand laundry and dry cleaning where cleaning is not done on the premises.

j.          Offices, banks and other financial institutions and courts of law.

k.         Private club or lodge.

1.         Food establishments where alcoholic beverages are not served or consumed.

m.        Self-service laundry.

19-25.35.         Enclosed places of amusement.

19-25.4.           Under Board of Adjustment approval.  The following are permitted by special exception if approved by the Board of Adjustment as provided in Section 198.5, and provided that such use will not adversely affect the use of the neighboring property nor injure the character of the neighborhood. 19-25.41. Church or other place of worship; parish house or

Sunday School building.

(Ord.  No. 9,91-1, 9/13/1991.)

 

Sec. 19-26.  C-3 District.

19-26.1.           Purpose.  The C-3 District is designed to include those commercial areas where certain uses are not permitted in buildings over a certain size.

19-26.2.           In the C-3 District no structure or land shall be used or occupied and no structure or part thereof shall be erected, moved or altered, except as herein specified or as provided in Article 6.

19-26.3.           As a matter of right.  The following uses are permitted as a matter of right.

19-26.31.         Any use permitted in the R-2 District under Section

19-23.3.

19-26.32.   a.      Mid-rise apartment.

b.         Tourist, rooming or boarding house.

C.        Hotel, motel or inn, where the motor vehicle entrances have been approved by the Building Inspector so as to comply with the applicable city standards and the State of Delaware Department of Transportation specifications and so as not to be unsafe for pedestrian traffic.

19-26.3-3.         a. Fire station.

b.         Public or private automobile parking lot pursuant to Article 4.

19-26.34.         The following uses are permitted by right when the structure size is limited to ten thousand (10,000) square feet of gross floor area, except that a structure existing on the date of adoption of this chapter may be increased to ten thousand (10,000) square feet of gross floor area or increased by twenty-five percent (25%), whichever is greater.

a.         Retail stores, including gift, art and antique shops, but not including bird or animal treatment or sale, and personal services shops, including craftspersons' trades not requiring the use of power tools.

b.         Restaurants or caterers or dinner theaters.

c.         Telephone central office.

d.         Electric/gas utility building.

e.         Laboratories, analytical and chemical.

f.          Printing, engraving and print reproduction.

g.         Hand laundry and dry cleaning where cleaning is not done on the premises.

h.         Professional offices and studios.

i.          Offices, banks and other financial institutions and courts of law.

j.          Private club or lodge.

k.         Food establishments where alcoholic beverages are not served or consumed.

1.         Self-service laundry.

 

19-26.4.           Under Board of Adjustment approval.  The following uses are permitted by special exception if approved by the Board of Adjustment as provided in Section 1985, and provided that such use will not adversely affect the use of the neighboring property nor injure the character of the neighborhood.

19-26.41.         Public or private school.

19-26.,12.        Church or other place of worship, parish house or Sunday School building.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-27.  CM District.

19-27.1.           Purpose.  The CM District is designed to include lands dedicated for use as cemeteries and are to be used for no other purpose.

19-27.2.           As a matter of right.  The following use is permitted as a matter of right:

19-27.21.         The permanent interment of human remains.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-28. O-1 District.

19-28-1.          Purpose.  The 0-1 District is designed to include lands dedicated as permanent open space, to be enjoyed by the public for rest and recreation or to provide' permanent light and air to surrounding developments.

19-28.2.           No structures other than those deemed necessary by the city for public services, health and safety shall be located in an 0-1 District.

(Ord.  No. 991-1, 9/13/1991.)

 

See. 19-29.      Accessory uses permitted.

19-29.1.           Accessory uses, as defined in Section 19-4, are

permitted, unless the accessory use is incompatible with the primary use.

19-29.2.     In an R-1 or R-I(S) District, except for legal

nonconforming . uses existing on the effective date of this chapter, use of an accessory structure, in whole or part, as a dwelling unit shall be deemed to be incompatible with the primary use.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-30.  Use restrictions.

 

19-30.1.           Patios.

19-30.11.         Patios, as defined herein, licensed, constructed or expanded after June 14, 1991, and located in a commercial zone shall only be used for consumption of food and beverages consistent with the following conditions:

(a)        'Patio' shall mean a deck or porch, of no more than seven hundred fifty (750) square feet, whether covered, uncovered, raised or at grade, used in connection with ,i restaurant and not necessarily attached thereto.

(b)        Food and beverages may be served only to seated patrons and no patrons may await seating on the patio.

(c)        There shall be no live entertainment on the patio.

(d)        There shall be no external speakers or amplifiers on the patio and no internal speakers from the premises are to be directed to the patio.

(e)        There shall be no bar on the patio.

Food service shall be allowed from 7:00 a.m. to 10:00 p.m., and alcoholic liquor service and consumption shall be allowed only from 11:00 a-m. to 10:00 p.m. Patrons must leave the patio by 11:00 P.M.

(g)        No one shall construct or operate a patio unless it is included in a special permit of compliance issued pursuant to Chapter 6, Article 10, of the Municipal Code of Rehoboth Beach, Delaware.

19-30.12.         For all patios, any overflow of patrons onto public ways, pedestrian or vehicular, is prohibited.

19-30-13.        For all patios, the blocking of the public ways, pedestrian or vehicular, by related activities is prohibited.

19-30-14.  A patio existing as of June 14, 1991, shall be considered a legal nonconforming use but shall be subject to all of the provisions of this chapter if expanded pursuant to a permit of co compliance.

19-30.2.           Certain prohibited uses citywide.

19-30.21.         No structure or land shall be used or occupied any-where in the City of Rehoboth Beach, regardless of whether the land is zoned residential or commercial, for the following use: taproom, tavern, dancehall, cabaret, nightclub, after-hours club or cafe.  Anything contained in Article 2, Use Regulations, or any other portion of Chapter 19, Zoning, the Municipal Code of Rehoboth Beach, Delaware, 1974, which is inconsistent herewith is to the extent of such inconsistency repealed.

19-30.22.         Nothing in this section shall apply to restaurants or dinner theaters, as defined herein, whether now existing or established in the future, even if such restaurant or dinner theater is licensed to sell alcoholic beverages and nothing in this section shall operate to restrict the right of the owner Of such a restaurant or dinner theater to sell, transfer or relocate the restaurant or dinner theater license.

19-30.23.         As used in this section, in addition to their usual meaning-

(a)        Taproom means an establishment provided with special space and accommodations and operated primarily for the sale by the glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object.

(b)        Tavern means any establishment with special

space and accommodations for the sale by the

glass and for consumption on the premises of beers.

(c)        Dancehall means any establishment other than a restaurant where dancing by the patrons takes place.

(d)        Cabaret means an establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service of dinner, and where a minor, as defined at 4 Delaware Code S713, is to be denied admission to or permission to remain on the premises after 9:00 p.m., official eastern time, unless accompanied by a parent or by a legal guardian.

(e)        Nightclub, including after-hours club, means an establishment open for business in the evening and early morning hours which is not a restaurant but at which entertainment is provided and food or alcoholic beverages are served or consumed.

(f)         Cafe means an establishment, not a restaurant, where food and liquor is served or consumed.

(g)        Restaurant shall mean:

(1)        Where no alcoholic liquor is sold or consumed on the premises, any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration, and which has seating at tables for thirty-five (35) or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of meals.

(2)        Where alcoholic liquor is sold or consumed on the premises, a totally enclosed, except where a special patio license has been granted, commercial establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration and which has seating and tables for thirty-five (35) or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook.  The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of meals.  The bar area shall be no more than twenty-five percent (25,7o) of the square footage of the permanent seated dining area, but not to exceed a maximum of one thousand (1,000) square feet, except that any restaurant regardless of its permanent seated dining area may have a bar area of three hundred fifty (350) square feet.  The occupancy capacity must conform to the Fire Marshal's guidelines.

(h)        Dinner theater means:

(1)        A totally enclosed commercial establishment which has seating and tables for thirty-five (35) or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook which is regularly used and kept open for the purpose of presenting public, performances featuring live actor(s) in dramatic or musical productions after and not simultaneously with the serving of complete ' meals.  The establishment must close and all patrons must leave at 12:00 midnight.  The service of only such food and victuals as sandwiches and salads shall not be deemed to- be complete meals.

(2)        Each "dinner theater" and related activities in a building shall be limited in area to not more than five thousand (5,000) square feet.  There shall be not more than one (1) "dinner theater" in any public building, and, except for motels and hotels, a "dinner theater" shall not share a building with any other commercial activity.  The occupancy capacity must conform to the Fire Marshal's guidelines.

(3)        A- "dinner theater" must serve complete meals to at least three-fourths (3/4) of the patrons at each performance, and they shall be- served in the permanent seated dining area in front of or surrounding the stage.  Seating at tables shall be provided for each patron.

(4)The establishment, when licensed to serve alcoholic beverages, shall not have a bar area where patrons consume alcoholic beverages but may have a service bar area where alcoholic beverages are stored and delivered to waiters for service to the patrons seated in the permanent seated dining area.  Such establishment shall not serve alcoholic beverages more than one (1) hour before the service of the complete meal begins or more than two (2) hours before the live stage production begins, whichever is less.  Alcoholic beverages may also be served during 'intermissions but not during or after the performance. (5) The rules set forth herein apply to each and every performance.  When repeated performances are to be given, all patrons from the first performance must leave the establishment before seating can begin for the next performance.

(Ord.  No. 991-1, 9/13/1991; amended Ord.  No. 1291-1, 12/13/1991; Ord.  No. 1291-2, 12/13/1991; Ord.  No. 692-1, §1, 6/L/1992.)

 

ARTICLE 3. HEIGHT, DENSITY AND AREA REQUIREMENTS.

 

Sec. 19-31.  Height regulations.

 

19-31.1.           Except as specified in the following paragraphs of this section, the height of a building or structure hereafter erected. or altered in respect to height shall not exceed that given in the following table:

 

Height

District                                                                                  (feet)

 

All residential districts                                                             35

 

Commercial districts

 

Residential uses, including                                                 35

garden apartment, permitted

in both residential and commercial districts

 

Other residential uses, including                                        42, but not to exceed 4 floors

hotel, motel inn and mid-                                                  or stories above grade

rise apartment

 

Other commercial uses, including                                      42, but not to exceed 4 floors

shops, offices and restaurants                                            or stories above grade

 

19-31.2.           As to a building or structure limited to a maximum height of 42 feet, all portions or floors thereof which face any street or the Boardwalk, except Rehoboth Avenue, shall, beginning not higher than 14 feet vertically above the setback line or lines for the lot or lots involved, be constructed or placed to the rear of an angled stepback line which slants away from the street, streets or boardwalk at an angle of not less than 300 in magnitude from a vertical line above the setback line or lines, with the vertex of such angle fixed at a point not higher than 14 feet above the setback line or lines.  The stepback line of buildings or structures facing Rehoboth Avenue shall begin at 24 feet.

19-31.3.           A dome, spire, cupola, belfry, chimney or pinnacle serving as an architectural embellishment and not for occupancy or storage may be erected in any district to a height in excess of that authorized in Section 19-31.1 for the district in which the building concerned is located, provided that the aggregate of the bases of all such structures does not exceed 10% of the building's ground floor area.  In all residential districts, the total height of a building with such embellishments shall not exceed 43 feet.  In all commercial districts, the total height of a building with such embellishments shall not exceed 50 feet.

(Ord.  No. 991-1, 9/13/1991.)

 

§19-32.  Lot coverage.

19-32.1            In all residential districts, the maximum permitted lot coverage shall not exceed that given in the following table:

 

                                    Maximum Area

                                    of Accessory

                        Maximum         Structures

                        Lot Coverage   (if any)

            District (percent)          (percent)

 

            R-l(S)   35        10

            R-1 and R-2     50        10

 

                        19-32.11.         In R-l(S), R-1 and R-2 Districts, 40% of the

                                    gross lot area of every building lot shall remain

                                    a natural area as defined in Section 19-4.

                        19-32.2.           In the R-l(S) District, the floor area ratio (FAR)

                                    for the residence structure combined with the

                                    accessory structures, if any, shall not exceed

                                    fifty hundredths (0.50). In R-1 and R-2 Districts,

                                    the FAR for the residence structure combined

                                    with the accessory structures, if any, shall not

                                    exceed seventy hundredths (0.70).

                        19-32.3.           In all commercial districts, the maximum

                                    permitted lot coverage shall not exceed that

                                    given in the following table:

                                    Maximum Lot Coverage

            Use                  (percent)

 

Permitted residential uses                                                                  50

 

318

            §19-32 ZONING                           §19-32

                                                Maximum Lot Coverage

            Use                                        (percent)

            Mid-rise apartment and                                     50

            garden apartment

            Hotel, motel, inn           50

            All other commercial uses         100 of net lot area

            Underground parking    100 of gross area, provided

                        that no parts of the parking

                        structure, except

                        accessways, are above sidewalk

                        level or above the

                        undisturbed ground level of

                        adjacent proper-ties

 

19-32.4.           In all commercial districts, the floor area ratio (FA-R) for all buildings or structures shall not exceed 2.84. For all mixed-use buildings (i.e., residential uses and commercial uses), the average of the gross floor area of all residential floors shall not exceed 50% of the gross lot area and the gross floor area of any one residential floor shall not exceed 75% of the gross lot area.

Any one commercial floor in a mixed-use building in a commercial district may include one residential unit, used in conjunction with a hotel, motel or inn.  Such unit shall not-- exceed 10% of the gross floor area of said floor with the maximum of 1,000 square feet.

 19-32.42.        Any one residential floor in a building in a commercial district used, in whole or in part, as a hotel, motel or inn may include meeting rooms for use as convention facilities.  To the extent that the aggregate gross floor area of these meeting rooms does not exceed 25% of the gross lot area or 5, 000 square feet, whichever is less, such area exclusively devoted to meeting rooms and no other purpose will not be counted in calculating the use-percent maximum lot coverage in Sections 19-32.3 and 19-32.4. In no

 

319

19-32   REHOBOTH BEACH CODE                       §19-33

 

case shall the floor area ratio (FAR) of 2.84 be exceeded.  The meeting rooms as permitted in this section shall contain no food preparation areas or areas devoted to the dispensing of alcoholic beverages.

19-32.5.           For any permitted use in any commercial district where a building setback is required, in order to preserve the open character of the commercial streets of the city, the setback area shall be maintained as a sidewalk-level greenspace consisting of tended lawns, plantings or permanent or movable planters no higher than 30 inches.  Alternatively, the setback area may be covered with treated lumber, tile, terrazzo or other durable material, provided that the surface is visually different from the abutting sidewalk.  Uses of the area for advertising or promotional signs or materials, benches, tables or chairs is prohibited.

(Ord.  No. 991-1, 9/13/1991; amended Ord.  No. 197-2, §2, 1/10/1997.)

 

§19-33.  Minimum lot dimensions.

 

19-33.1.           No new lot shall be created nor shall any existing lot be changed in size or shape unless the new or changed lots have at least 50 feet of frontage on a street and are at least 5,000 square feet in size.

19-33.2.           Except as provided for in Section 19-33.3 of this section,, and subject to the requirements of Section 19-34 as to lot area per dwelling, the minimum dimensions of a lot shall be as given in the following table:

 

                                                                                       Minimum                      Minimum

                        Lot Area          Lot Width

            District and Use            (square feet)     (feet)

 

                        34,500 75

 

320

19-33                    ZONING               19-33

                                                Minimum                                  Minimum

                                                Lot Area                                  Lot Width

            District and Use            (square feet)                             (feet)

            R-1                                          5,000                           50

            R-2

            Single-family detached and        5,000                           50

            other uses permitted in R-1

            Single-family semidetached                     5,000                         50

            Two-family dwelling                               5,000                          50

            Single-family attached                          5,000                            50

            Garage apartment                                5,000                            50

            Garden apartment                              10,000                            100

 

(Cont'd on page 321)

 

320.1

§19-34 ZONING                     §19-34

                                    Minimum          Minimum

                                    Lot Area          Lot Width

District and Use                                    (square feet)     (feet)

Commercial Districts

All uses permitted in Residential

Districts except.

Garage apartments                                5,000               50

Garden apartments                               10,000             100

Mid-rise apartment                   10,000 100

Hotel, motel or inn        10,000 100

All other commercial uses over 35         5,000   50

feet in height

All other commercial uses         5,000   50

 

19.33.3.           In the case of a lot with a building on it at the date of adoption of this chapter but with an area or width of lot less than prescribed in Section 19-33.1 of this section for the district in which it is located, such building may be altered, provided that the same use is maintained, or a new building may be erected thereon, provided that it complies with all other provision of this chapter.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-34. Lot area per dwelling unit.

 

19-34.1.           The minimum number of square feet per dwelling unit shall be given in the following table:

                        Minimum Lot Area

                        Per Dwelling Unit

            District and Use            (square feet)

 

            R-l(S)   34,500

            R-1      5,000

            R-2

            Uses permitted in R-1   5,000

            Single-family semidetached       4,000

            Two-family dwelling      4,000

            Single-family attached   3,300

            Apartment        3,300

 

321

§19-35                REHOBOTH BEACH CODE                               §19-35

                        Minimum Lot Area

                        Per Dwelling Unit

            District and Use            (square feet)

            Garden apartment         3,300

            Garage apartment         3,300

            Commercial Districts

            Single-family detached  5,000

            Single-family semidetached       4,000

            Two-family dwelling      4,000

            Single-family attached   3,300

            Apartment        3,300

            Garden apartment         3,300

            Garage apartment         3,300

            Mid-rise apartment       3,300

            Tourist, rooming or boarding     800

            house

            Hotel, motel, inn           300

            All other commercial uses         Not applicable

            (Ord. No. 991-1, 9/13/1991.)

 

Sec. 19-35.      Building setback lines.

 

19-35.1.           Each story or part of a building shall be set back from the street line so as not to project beyond the building setback line prescribed in the following table.

                        Minimum Building

                        Setback Line

            District and Use            (feet)

            R-l(S)   75

            R-1 and R-2     10

            Commercial, all permitted uses:

            Structure abutting on Reho-      None

            both Avenue or Boardwalk

            Structure abutting on any           None

            other street in commercial

            districts

            (Ord. No. 991-1, 9/13/1991.)

 

322

§19-36                                     ZONING                                §19-37

Sec. 19-36.  Rear yards.

19-36.1.     A rear yard shall be provided on every lot in a

residential district, the minimum depth of which

shall be as prescribed in the following table:

                        Minimum Depth

                        of Rear Yard

            District and Use            (feet)

 

            R-I(S)  60

            R-1 and R-2     10

 

19-36.2.           Where the boundary line dividing a commercial and residential district is a rear property line, there shall be a rear yard on the lot in the commercial district of at least five (5) feet.  The rear yard of the lot in the commercial district shall be bounded by a screen in order to shield or obscure the lot from those in the abutting residential district.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-37.  Side yards.

 

19-37.1.           Two (2) side yards shall be provided on lots in residential districts as prescribed in the following table:

                                                Minimum Width

                                                            of Each Side Yard

District and Use                                                (feet)

 

 

            R-l(S)                                          25

            R-1                                                           6

            R-2

            Uses in R-1                                                6

            Single-family semidetached            10

            Two-family dwelling                       10

            Single-family attached        10

            All other uses                                 10

 

19-37.2.           Where the boundary line dividing a commercial and a residential district is a side property line, there shall be a side yard on the lot in the commercial district of at least five (5) feet.  The side yard of the lot

 

323

§19-38               PEHOBOTH BEACH CODE                             §19-41

 

in the commercial district shall be bounded by a screen in order to shield or obscure the lot from those in the abutting residential district.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-38.  Storage of refuse.

 

19-38.1.           In C-1, C-2 and C-3 Districts all refuse storage areas and refuse containers shall be screened from public view with an acceptable screen material, including wood, lattice, fine-mesh fencing, plantings or other suitable material erected in conformance to all building[4] and zoning codes.  Said screened refuse storage areas and refuse containers shall not be located within setback are-as.

(Ord.  No. 991-1,        9/13/1991.)

 

Sec. 19-39. notation on size of restaurants.

 

The area in a given building devoted to restaurant pu where alcoholic liquor is consumed on the premises shall not be larger than five thousand (5,ON) square feet of floor space including seated dining area, food storage and preparation area, passageways and entrance foyer, restrooms, dance floor and bar area except that where a restaurant occupies space in a building also housing a hotel/motel containing at least twenty-five (25) bedrooms, the area devoted to restaurant purposes may occupy up to but not more-'than seven thousand five hundred (7,500) square feet.

(Ord.  No. 1291-2, 12/13/1991.)

 

ARTICLE 4. OFF-STREET PARKING, LOADING AND

UNLOADING.

 

Sec. 1941.  Applicability of Article.

 

(a)        Except. as provided in Article 6., this Article shall govern off-street parking and loading and unloading requirements where any

 

324                          Supp.  2/l/92

§19-41                         ZONING                               §19-41

 

new structure is erected or the use of any existing structure is changed.  It shall also cover alterations to structures a-s provided in Subsection (b) of this section.

(b)        This Article shall not apply to any existing structure unless seventy-five percent (75%) or more of the gross floor area of the structure is altered or the gross floor area of the structure is increased in size.  In the ca-se of a structure being increased in size only, the gross floor area of the portion of the structure being increased shall be used to compute the number of parking and loading and unloading spaces required.

(Ord.  No. 991-1, 9/13/1991.)

 

(Contd on page 325)

 

324.1

            §19-42 ZONING                                 §19-42

 

            19-42. Size of parking space; ingress and maintenance.

 

(a)        Every parking space on the premises, outdoors or in a garage, and every parking space in a public lot or private lot serving a specific property, sha.11 consist of not less than one hundred sixty-two (162) square feet of usable area for each vehicle, and the dimensions thereof shall be not less than nine (9) feet in width and eighteen (18) feet in length.

(b)        In all public and private parking lots and garages a circulation and turning aisle shall be installed with a minimum width of twenty-four (24) feet to serve angle parking of seventy-five degrees (75') or greater, and a minimum width of twenty (20) feet to serve angle parking of less than seventy-five degrees (75').

(c)        The required parking areas shall be measured exclusive of interior driveways or maneuvering areas.  In computing the number of parking spaces required by Section 19-47, if the computation shall result in a fraction, a space shall be required for each fractional amount.

(d)        Except for property used for single-family dwellings, every parking space shall be connected with a street or alley by a paved driveway which affords ingress and egress for a motor vehicle without requiring another motor vehicle to be moved.

(e)        Except for dwelling units having an individual driveway, off-street parking areas that make it necessary for motor vehicles to back directly into a public road are prohibited unless approved by the Building Inspector as being in compliance with applicable city standards and the State of Delaware Department of Transportation specifications and not unsafe for pedestrian traffic- The burden of establishing compliance with these three (3) criteria rests with the applicant.

(f)         Outdoor parking or service areas for uses open to the public and the approaches thereto shall be paved according to city specifications and shall be graded, properly drained and maintained in good condition.

(Ord.  No. 991-1, 9/13/1991.)

 

325

§19-43              REHOBOTH BEACH CODE                             §19-46

 

Sec. 19-43.  Reduction of parking facility prohibited.

 

All off-street parking facilities existing on or after December 23, 1972, shall not subsequently be reduced to an amount less than required under this Article for a similar building or new use.  Any off-street parking facility required to comply with the provisions of this Article shall not subsequently be reduced 'below the requirements of this Article.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-44.  Cooperative establishment of facilities.

 

In any commercial district, requirements for the provision of parking spaces with respect to two (2) or more property of the same or different types may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common parking lot or facility, cooperatively established and operated, provided that the number of spaces designated is not less than the sum of the individual requirements for each use and that all regulations contained in this chapter are complied with.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-45.  Encroachment upon front yard depths.

 

Except in an R-l(S), R-1 or R-2 District, no parking space or portion thereof shall be allowed to encroach upon the minimum front yard depth for the relevant districts listed in Section 19-35.1. (Ord.  No. 991-1, 9/13/1991.)

 

Sec. 1946.  Parking lots to be enclosed.

 

A parking lot which is a main or ac ry use shall be enclosed as stipulated in Section 19-56(c).

(Ord.  No. 991-1, 9/13/1991.)

 

326

§19-47 ZONING                               §19-47

 

19-47.  Minimum parking spaces required; exceptions.

 

(a)        Off-street parking space, with proper access from a street, alley or driveway, shall be provided in all districts in the amount indicated in Subsection (d) of this section.

(b)        Except as provided in Subsection (c) of this section, the parking spaces required by this section shall be provided on the lot on which any structure referred to in Subsection (d) is situated or is hereafter situated, including any structure within the meaning of Section 1941(b) herein.  In no case shall the number of parking spaces provided be less than the minimum requirements of this section, except as provided in Section 19-41(a), as further limited by Section 4l(b).

(c)        For structures not used for dwelling in a commercial district, up to fifty percent (50%) of the required parking space may be provided on a separate lot or in a separate facility in the same ownership whom principal point of pedestrian access i3not more than seven hundred (700) feet from the principal entrance of the building and which is located in a commercial district.

(d)        Number of spaces required.

Number of

Use                                      Spaces Required

 

(1) All residential units               2 per dwelling unit

 

(2) Tourist, rooming or board-              1 for each rental room,

ing house          plus 2 for the resident family

 

(3) Hotel, motel or inn                1 for each rental room,

plus 2 for the resident family

 

(4) Office, office building or                  1 for each 400 square feet

bank, and public buildings,                    of gross floor area, exclu-

private clubs and institutions                  sive of basement if not

                                                             used for office p

 

(5)        Medical, dental and legal

                     offices:

                          Less than 10,000 square                   No spaces required

                           feet in size

                           Over 10,000 square feet                   Same as (4) above

                            in size

 

327                    Supp. 11/1/91

 

§19-48               REHOBOTH BEACH CODE                             §19-48

 

                        Number of

Use                              Spaces Required

 

Each food establishment,

                         restaurant or catering,

                        with or without entertainment:

Less than 10,000 square                                   No spaces required

feet of gross floor area

10,000 or more square                         1 for each 400 square feet

feet of gross floor area                          of gross floor area

(7)   Each retail store or service                         1 for each 200 square feet

shop over fifteen thousand                                 of floor area devoted to

(15,000) square feet of                                     sales or service

gross floor area

(8) All other commercial                                   Same as (7) above

(9)   Retail stores, service shops,                       No spaces required

cafes or restaurants front-

ing only on the Boardwalk

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-48. Loading and unloading berths.

 

No building to be used in any district for the uses specified in the

following table shall be erected unless loading/unloading berths are

provided on the premises in accordance with the requirements of said

table:

                        Minimum

                        Number of

                        Loading/

                        Unloading

            Use and District            Berths

 

            Apartment house with more than 20 fami-         1

            ly units in districts where permitted

 

            Office building or hotel with over 15,000 to       1

            100,000 square feet of gross floor area in

            commercial districts

 

328

 

            §19-49 ZONING         §19-51

 

                                    Minimum

                                    Number of

                                    Loading/

                                    Unloading

            Use and District                        Berths

 

Office building or hotel with over 100,000                                               2

square feet of gross floor area in commercial districts

 

Retail or service establishment or other                                                                 1

commercial use with over 15,000 square

feet of gross floor area in commercial districts

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-49.  Parking meters in R-l(S) and R-1 Districts.

 

No parking meters may be installed in any block of any street in any R-l(S) or R-1 District unless a petition, signed by more than fifty percent (50%) of all the lot owners on the block, shall be presented to the Commissioners of Rehoboth Beach requesting the installation of such meters and the Commissioners approve the same.

(Ord.  No. 991-1, 9/13/1991.)

 

ARTICLE 5. SPECIAL PROVISIONS.

 

Sec. 19-51.  Noise, odor and vibration nuisances prohibited.

 

No structure shall be erected, altered or used and no lot or premises shall be used for any trade, industry or business that is noxious or offensive by reason of odor, gas, vibration or noise.  No internal combustion engine or other noisy machine shall be permitted, unless objectionable noise and vibration shall be eliminated by effective mufflers or silencers.

(Ord.  No. 991-1, 9/13/1991.)

 

329

 

§19-52 REHOBOTH BEACH CODE                            §19-52

 

Sec.     19-52.  Temporary structures prohibited; exceptions.

 

(a)        It shall be unlawful for any person to construct, erect, install or

place    or cause or permit to be constructed, erected, installed or placed,

any temporary structure or shelter upon any property within the city; prove 'ded, however, that a temporary structure or shelter may be installed or placed upon a property for any one (1) of the following purposes:

(1)        Temporary structures or shelters used in connection with and while construction on the premises is in progress.

(2)        Temporary structures or shelters to 'be used in connection with a private social gathering or a private social event for a maximum period of seventy-two (72) hours.

(b)        When a temporary structure or shelter is permitted pursuant to the provisions of this section, the owner or the tenant of the property shall file an application with the City Manager on forms supplied by the City Manager at least twenty-four (24) hours prior to the placement of the temporary structure or shelter upon the property, stating the location of the property, the date the temporary structure or shelter will be placed upon the property, the type of structure, the purpose for which it is being placed upon the property and the date the temporary structure or shelter will be removed from the property.  Upon the filing of the application, the City Manager shall endorse approval of the application, if it complies with this section, or disapproval, with the reason or reasons therefor.

(c)        Trailers, mobile homes or relocatable homes shall not be stored or placed upon any property in the city unless a special exception is,. granted by the Board of Adjustment as provided by Section 19-85, and provided that such uses will not adversely affect the use of neighboring property nor injure the character of the neighborhood.  In granting a special exception, the Board of Adjustment may include such conditions that it deems n y to protect the health, safety and welfare of the city, including time limitations.

(d)        Modular or preconstructed single-family dwellings are permitted if they are permanently affixed to a permanent foundation and if they meet the requirements of the Building CodO[5] for single-family dwellings.

(Ord.  No. 991-1, 9/13/1991.)

 

330

§19-S3                          ZONING                               §19-56

 

19-53.  Gas and oil pump hoses.

 

No pump or hose connection for the purpose of dispensing gasoline or oil shall be located nearer than twelve (12) feet to the lot or street line of any highway or public right-of-way.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-54.  Corner lot setback lines.

 

In the case of a corner lot, a front yard, as provided for in each district, shall be required on each street on which the lot abuts.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-55.  Structures in required yard areas.

 

No structure and no part of a structure shall be erected within or

shall project into the required yard area, except:

(a)        Cornices, eaves, gutters, chimneys, steps or entries projecting

from the main structure no more than twenty-four (24) inches.

(b)        Fences and screens, subject to the provisions of Section 19-56.

(Ord.    No. 991-1, 9/13/1991.)

 

See. 19-56.  Fences, screens and walks

 

A fence or screen is permitted to project into or enclose yards subject to the conditions in Subsections (a) through (c) which follow:

(a)        A fence or screen not more than three and one-half (31/2) feet in height above undisturbed ground level may project into or enclose any required front yard to a depth from the street line equal to the required depth of the front yard.  Any fence or screen may project into or enclose other required , provided that such fences or screens do not exceed six (6) feet in height above undisturbed ground level.

(b)        On any corner lot there shall be no building, structure, wall, fence, shrubbery or planting erected or altered if such obstructs street traffic visibility within the triangular area formed by the intersection of any two (2) street lines and a line joining the respective points on each of these lines twenty (20) feet distant from their point of intersection.

 

331

 

§19-57          REHOBOTH BEACH CODE                       §19-59

 

(c)        A parking lot which is a main or accessory use shall be enclosed, except for entrances or exits, by a landscape screen consisting of a semiopaque ornamental fence or by a compact evergreen hedge not less than three (3) feet in height, except where safety requires a lesser height.

(Ord.  No. 9,91-1, 9/13/1991.)

 

Sec. 19-57.  Accessory buildings.

 

An accessory building shall be detached from the main building on the lot and shall be not less than ten (10) feet to the rear of the front line of the main building.  An accessory building may encroach upon one (1) side yard or rear yard as follows:

(a)        To the party line, rear or side with the consent of the adjacent property owner and provided that a masonry wall is built along the

party wall.

(b)        If the conditions in Subsection (a) above do not exist, accessory buildings of any construction materials must have two (2) side yards of at least four (4) feet in width and one (1) rear yard four (4) feet in

depth.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-58.  Rental of rooms in R-1 District

 

(a)        Persons who were licensed to rent rooms in a structure located in an R-1 District prior to April 11, 1964, shall be permitted to continue to be licensed to rent rooms in the structure, so long as that person continues to rent rooms in that structure and is licensed to do so.

The exception provided herein shall be personal to the licensee and shall not be transferable by sale, devise, gift or otherwise, nor shall the rights run with the land.

(Ord.  No. 9191-1, 9/13/1991.)

 

Sec.     19-59.  Garage apartments in R-1 or R-l(S) District

 

(a)        A garage apartment which was an existing structure prior to

March 12, 1976, is a nonconforming garage apartment.

 

332

§19-59             ZONING                    §19-59

 

(b)        A garage apartment converted to a dwelling under a valid building permit issued by the city prior to the date of this chapter shall be permitted as a nonconforming structure.

(c)        A garage apartment or accessory building converted to a dwelling after March 12, 1976, without a valid permit issued by the city, is illegal, and its use as a dwelling shall be abated, subject to Subsections (d), (e), (f) and (g) below.

(d)        Within sixty (60) days of the enactment of this chapter, the City Manager shall issue a notice of the requirements contained in Subsections (e), (f) and (g) herein, sent by certified mail to the last known address to which tax bills are mailed, to all property owners of record for the R-1 and R-l(S) Districts of Rehoboth Beach.

(e)        Within two hundred ten (210) days of enactment of this chapter, each property owner of record for the R-1 and R-I(S) Districts of Rehoboth Beach, having been duly notified of this requirement by the procedure described in Subsection (d) above, shall file in the office of the City Manager, on a form provided for the purpose,, the description of any accessory building, as defined in Section 19-4, which is used in whole or in part as a dwelling.  Such description shall include for each such building-.

(1)        Type of construction.

(2)        Number of stories.

(3)        Floor area, gross.

(4)        Floor area devoted to human habitation.

(5)        Number of dwelling units therein.

(6)        Number and type of plumbing

(f)         When the Building Inspector has verified the information contained in this filing, th ' e building shall then be deemed to have been duly registered with the City of Rehoboth Beach.

(g)        Thence, after termination of this period of registration, all accessory buildings so registered will remain and continue to be

nonconforming, legal dwellings.  All accessory buildings which have been erected or altered for the purpose of establishing or extending a dwelling, not existing on the date of this chapter or not registered in accordance with this section, will be presumed to have been illegally erected or altered and will be abated.

(Ord.  No. 991-1, 9/13/1991.)

 

332.1

 

19-61            REHOBOTH BEACH CODE                19-64

 

ARTICLE 6. NONCONFORMITY.

 

See. 19-61.  Nonconforming buildings and uses exempt.

 

(a)        Any structure or use legally existing or authorized by a valid, unexpired building permit issued prior to the effective date of this chapter may be continued although such structure and/or use does not conform to the provisions of this chapter.

If a nonconforming use ceases for one (1) year, it shall be deemed to be abandoned, and any subsequent use shall be in conformity with the provisions of this chapter.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-62.  Changing classification of nonconforming uses.

 

A nonconforming use of a structure may be changed to another nonconforming use of the same or a more restricted classification if authorized by the Board of Adjustment.  Whenever a nonconforming use of a structure has been changed to a more restrictive classification or to a conforming use, such use shall not thereafter be changed to a use of a less restrictive classification.

(Ord.  No. 991-1, 9/13/1991.)

 

See. 19-63.  Structural Stations and repairs.

 

Repairs, re-siding and internal alterations, including structural, may be made in any structure or part thereof which is devoted to a nonconforming use or which was erected in a nonconforming manner, provided that a special exception must be secured if the existing nonconforming use is being changed to a different nonconforming use or the existing nonconforming area within the structure is to be increased.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-64.  Extension of nonconforming structures.

 

(a)        A structure devoted to a nonconforming use may not be extended vertically, horizontally or in any other direction.

(b)        Any legal nonconforming structure devoted to a conforming use and existing at the time of the effective date of this section may be

 

332.2                      Supp. 11/l/91

§19-65                           ZONING                              §19-66

 

extended, provided that such extension conforms to the applicable dimensional requirements of the zoning district in which the legal nonconforming structure is located.

 

(c)        In an R-1 or R-I(S) District where an accessory structure is used in part as a dwelling or dwelling unit as defined herein and is Permits as a valid nonconforming use, the dwelling unit use may not be extended within the structure.

 

(d)        In an R-1 or R-l(S) District where an accessory structure is not

being used as a dwelling unit as defined herein but is being used, in

whole or in part for either living or sleeping, such use or uses may not

be extended within the structure nor may the structure be extended either

vertically, horizontally or in an other direction if such

extension is used or intended for use for either living or sleeping.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-65.  Destruction and rebuilding of nonconforming structure or use.

 

A nonconforming structure or a structure occupied by a nonconforming use which is destroyed by fire, explosion or act of God may be rebuilt and reused for the same purpose, provided that.-

(a)        The reconstruction of the building is commenced within six (6) months from the date the building was destroyed and is carried through completion without undue delay.  The Board of Adjustment may grant an extension of not exceeding an additional period of six (6) months, within which the reconstruction may be commenced in any where the delay has been the result of ca outside the control of the owner of the building so destroyed.

(b)        The reconstructed building does not exceed in height the limit in the zoning district of the building destroyed, except when authorized by a special exception.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-66.  Determination of nonconformity.

 

The existence and extent of a nonconforming use shall be a question of fact to be determined by the Building Inspector.  If, after investigation and an on-site inspection, he cannot make a confident determination, he shall deny the existence or extent of the nonconformity

 

332.3                        Supp. 2/l/92

§19-67              REHOBOTH BEACH CODE                           §19-68

 

and shall notify the property owner of his right to appeal to the Board of Adjustment.

(Ord.  No. 991-1, 9/13/1991.)

 

19-67.  Relocation of nonconforming restaurant,

 

The owner or I of a restaurant where alcoholic liquor is served or consumed which does not comply with the internal dimensional ratios found at Section 19-4 of this chapter under the definition of L4 restaurant" but which is validly nonconforming under Section 6-101 of the Municipal Code of Rehoboth Beach, 1974, as amended, may relocate the restaurant to another lot in an appropriately zoned district, if approved as a special exception by the Board of Adjustment, subject to the following special requirements:

(a)        The restaurant structure may not encroach on any of the setback or yard requirements of the zoning district in which it is relocated.

(b)        The total floor area of the relocated restaurant cannot exceed the floor area of the existing restaurant.

(c)        The ratio of the bar area and the permanent seated dining area of the relocated restaurant cannot exceed the ratio of the existing restaurant.

(d)        Only one (1) relocation may be permitted by the Board of Adjustment as to any nonconforming restaurant.

(e)        Upon the relocation of such restaurant the building from which it is relocated will lose its nonconforming use status under Sections 194 and 6-101 of the Municipal Code of Rehoboth Beach, Delaware, 1974, as amended.

(Ord.  No. 1291-2, 12/13/1991.)

 

Sec. 19-68.  Relocation of nonconforming patio.

 

The owner or I of a patio associated with a restaurant where alcoholic liquor is served or consumed which does not comply with the requirements of Section 19-30 of this chapter, but which is validly nonconforming under Section 19-30 may relocate the patio with the restaurant but not without the restaurant to another lot in an appropriately zoned district, if approved as a special exception by the Board of Adjustment, subject to the following special requirements:

 

332.4                        Supp.  2/1/92

19-68               ZONIING                   §19-71

 

(a)        The patio structure may not encroach on any of the set back or yard requirements of the zoning district in which it is relocated.

(b)        The total floor area of the relocated patio cannot exceed the

floor     area of the existing patio.

(c)        Only one relocation may be permitted by the Board of

Adjustment as to any nonconforming patio.

Upon the relocation of such patio the building or lot from which it is relocated will lose its nonconforming use status under Sections 19-30 and 6-101 of the Municipal Code of Rehoboth Beach, Delaware, 1974, as amended.

(Ord.  No. 1291-2, 12/13/1991.)

 

§19-69.  Extension of nonconforming uses of land.

 

(a)        Any use of land devoted to a nonconforming use shall not be extended.

(b)        Every building lot in a R-l(S), R-1 or R-2 District not having the mandated percentage of gross lot area remaining a natural area, as required by Section 19-32.11, existing at the time of the effective date of this section, shall not be decreased in size as to its existing natural area. (Ord. 197-2, 3, V10/1997.)

 

ARTICLE 7. SIGNS.

 

§19-71.  Definitions.

 

(a)        As used in this article, the following definitions shall be applicable unless the context clearly indicates to the contrary:

(1)        Sign.  Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

(A)       Signs not, exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of the premises.

 

332.4.1

19-71           REHOBOTH BEACH CODE                          19-71

 

(B)       Flags and insignia of any government, except when displayed in connection with commercial promotion.

(C)       Legal notices, identification, information or

directional         signs erected by governmental bodies.

(D)       Integral decorative or architectural features of

buildings, except letters, trademarks, moving parts or moving

lights.

(E)       Signs directing and guiding traffic and parking on

private property, but bearing no advertising matter.

(2)        Banner sign shall mean any sign intended to be hung,

either with or without frames, and possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind.  National flags and flags of political subdivisions shall not be considered banners for the purpose of this article.

(3)        Bench sign shall mean a sign located on any part of the

surface of the bench or seat placed on or adjacent to a public right-of-way.

(4)        Billboard sign shall mean a non-point-of-sale sign which advertises a business, organization, event, persons, place or thing, unless such sign is more specifically defined herein.

(5)                    Changeable copy sign shall mean a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face of the surface of the sign.  This shall also include the changing of copy on billboards.

 

(Cont'd on page 332.5)

 

332.4.2

§19-71 ZONING                              §19-71

 

(6) Construction Sign shall mean any sign giving the name or

names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

(7) Directory Sign shall mean a sign on which the names and

locations of the occupants or the use or products offered for use on the premises are given.  This shall include office buildings and church directories.  This sign shall be no more than four (4) square feet in size and shall be installed parallel to the street, projecting no more than two (2) inches from the face of the building and shall be no higher than seven (7) feet from the top of the sign to the sidewalk.  Any glazing used in the construction or makeup of this sig-n shall 'be tempered or safety glass.

(8) Freestanding Sign   shall mean any mobile or portable sign or

sign structure not securely attached to the ground or to any other

structure.  This definition shall not include trailer signs as defined in

Subsection 19-17(a)(20) of this section.

(9) Ground and/or pole sign shall mean any sign which is supported by structures or supports in or upon the g-round and independent of support from any building.

(10)      Illuminated sign shall mean any sign illuminated in any

manner by        an artificial light source.

(11)      Integral sign shall mean memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and mounted on the face of the building.

(12)      Marquee sign shall mean any sign attached to and made part of a marquee.  A 'marquee' is defined as a permanent roof-like structure projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

(13)      Nonconforming sign shall mean any sign which does not conform to the regulations of this Article.  Where a 'nonconforming sign" existed on the effective date of the original enactment of the Chapter 19, such date being March 12, 1976, such sign may be continued, subject to the following provisions:

(A)       No such sign may be enlarged or altered in any way which increases its nonconformity.

(B)       If the sign is destroyed by any means to an extent of more than fifty percent (50%) of its size, it shall not be reconstructed except in compliance with the provisions of this Article.

 

332.6

§19-72              REHOBOTH BEACH CODE                            §19-72

 

(14) Point-of-sale sign shall mean any sign which carries only the name of the firm, major enterprise or products offered for sale on the premises or a combination of these things.

(15) Projecting sign shall mean any sign other than a wall sign affixed to any building or wall who-se leading edge extends beyond such building or wall.

(16) Real estate sign shall mean any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

(17) Roof sign shall mean any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.

(18) Snipe sign shall me-an any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public or private property.

(19) Street banner sign shall mean any banner sign which is stretched across and hung over a public right-of-way.

(20) Trailer sign shall mean any sign mounted on a vehicle normally licensed by the State of Delaware as a trailer and used for advertising or promotional purpose.

(21) Wall sign shall mean any sign painted on or attached to and erected parallel to the face of or erected and cortined within the limits of the outside wall of any building and supported by such wall or building and which displays only one (1) advertising surface.

(22) Window sign is any device displaying words, letters or numbers placed inside or upon a window facing the outside and which is intended to be seen from the exterior and which occupies more than twenty-five percent (25%) of the window area or any part of which is higher than twelve (12) feet from the ground.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-72.  Signs to conform to regulations.

 

No sign shall be erected or maintained in any district other than signs of the character, size and construction expressly authorized by Section 19-75.

(Ord.  No. 991-1, 9/13/1991.)

 

332.6

§19-73 ZONING                              §19-73

 

Sec. 19-73.  Temporary signs.

 

(a)        Announcing signs.  One (1) sign per street frontage of a building which is under construction or structural alteration or repair announcing the character of the building enterprise or the purpose for which the building is intended including names of architects, engineers, contractors, developers, financiers and others, provided that the area of such sign shall not exceed sixteen (16) square feet in residential districts or thirty-two (32) square fe-et in other districts.

(b)        Real estate signs.

(1)        One (1) sign per street frontage not exceeding four (4) square feet in residential districts or eight (8) square feet in other districts, advertising the sale, rental or lease of the premises on which displayed.

(2)        One (1) temporary real estate sign without lights, no larger than six (6) square feet in area nor more than ten (10) feet in height and comprising not more than two (2) colors for the purpose of advertising the sale, lease or rental of the property-, provided, however that in the case of property facing on more than one (1) street, two (2) for-sale signs may be erected, one (1) such sign on each street.  No sign advertising the lease or rental of property shall remain on the property for longer than three (3) months in any calendar year.  This type of sign may be freestanding and shall be erected on one (1) or two (2) four-by-four-inch posts or may be erected on a bracket sign from a building not to exceed six (6) square feet in area.  Each type -of sign permitted herein may be perpendicular to the street and shall be no nearer than five (5) feet to the front property line.

Subdivision signs.  One (1) sign per street entrance to the subdivision and located on -the property to be subdivided, provided that such sign shall not exceed thirty-two (32) square feet in area.  Such sign may not be erected until the subdivision has been approved by the appropriate city official and may be displayed for a period of one (1) year from the date of erection, which date must be filed with the Building Inspector within thirty (30) days @r erection.  Erection' date will be determined to be the same as the subdivision approval date if not filed within the city-day period.

(Ord.  No. 991-1, 9/13/1991.)

 

332.7                        Supp. 11/l/91

 

            §19-74             REHOBOTH BEACH CODE                           §19-77

            Sec.     19-74.  Lighting restrictions.

 

(a) Signs shall not be lighted in any manner which may constitute a traffic hazard or be a nuisance.

No sign shall be erected in any district that provides blinking, moving, animation, revolving, chaser lights or moving spotlights.

(Ord.  No. 991-1. 9/13/1991.)

 

Sec. 19-75.  Table of Signs.

 

The table of signs permitted by zoning district is included at the end of this chapter.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-76.  R-1 and R-l(S) Districts.

 

The following signs shall be permitted in R-1 Residence Districts and in R-I(S) Residence Districts:

(a)        One (1) nameplate sign no larger than one and one-half (11/2) square feet in area displaying the name and street address of a building or the name of a building manager or the name of a permitted use.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-76.1. Location of signs in R-1 and R-I(S) Districts.

 

No sign in R-1 and R-l(S) Residence Districts shall be placed closer to the property line than five (5) feet.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-77.  R-2 Districts.

 

The following signs shall be permitted in R-2 Residence Districts:

(a)        All signs permitted in R-1 and R-l(S) Residence Districts.

(b)        One (1) identification sign no larger than two (2) square feet in

area for the purpose of identifying a boarding, rooming or tourist home or an apartment house.

(Ord.  No. 991-1, 9/13/1991.)

 

332.8

§19-77.1                     ZONING                        §19-78.1

 

Sec. 19-77.1. Location of signs in R-2 Districts.

 

No signs in R-2 Residential Districts shall be placed closer to the front property line than five feet.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-78.  Commercial districts; permits and fees.

 

(a) All signs permitted in any residence district shall be permitted in the commercial districts.

(b) Other than real estate signs, a permit shall be required for the installation or erection of any sign for a commercial purpose within the commercial districts.

(c) It shall be unlawful for any person to erect or maintain within the City of Rehoboth Beach any sign as defined in this chapter without first obtaining a permit from the Building Inspector and making payment of the fee as provided in Schedule E, of Section 5-6, of this Code.

All rights and privileges acquired under the provisions of this article, or any amendment thereto, are mere licenses revocable at any time by the Commissioners of Rehoboth Beach, and all such permits shall contain this provision.  The Building Inspector is hereby authorized and empowered to revoke any permit issued by them upon failure of the holder thereof to comply with any provision of this article.

(Ord.  No. 991-1, 9/13/1991; amended Ord.  No. 99.5-1,. §1, 9/8/1995; amended Ord.  No. 1095-1, §§1 and 2, 10/10/1997.)

 

Sec. 19-78.1. Regulations applicable in commercial districts. .

 

The following regulations shall be applicable to any sign located in any commercial district:

(a)        All signs shall be attached to the property to which they pertain and shall advertise a business, commodity, service or entertainment conducted, sold or offered on the same property on which the sign is maintained.

 

332.9

§19-78.1       REHOBOTH BEACH CODE                       §19-78.1

 

(b)        All signs on Rehoboth Avenue shall be parallel to Rehoboth Avenue.  All signs located on the Boardwalk shall be parallel to the Boardwalk.

(c)        All signs in any commercial district other than Rehoboth Avenue or the Boardwalk may be perpendicular to the street but may not extend more than five feet from the front of the building to which it is attached and shall be at least 10 feet above the ground.

(d)        Each property in a commercial district shall be permitted two signs on each commercial street it faces or on which it has entrance doors for use of the public, provided that such entrance doors open onto a commercial district.  Signs are to be one directory sign and one other permitted sign as designated in Section 19-75.

(e)        No sign shall be erected which is higher than the top of the first lowest roofline or the top of any false front or above 15 feet, whichever is higher.

(f) The maximum size of such sign in any commercial district shall be three square feet for each foot of building frontage on the lot, but not to exceed 100 square feet.

(g)        Signs advertising a product for sale on the premises shall be permitted if the advertising of the product forms a part of the sign advertising the business.

(h)        A group of stores, not all facing the street, shall be permitted one ground or pole sign naming the center or mall and listing each business in the center or mall.  This sign shall not exceed 10 feet in height nor more than 32 square feet in area nor more than six square feet for the name of the center nor more than two square feet for the name of each store or business conducted on the premises.  Each business located in the center or mall shall be permitted one sign which shall be parallel to or perpendicular with the front of the store.  A perpendicular sign shall be no larger than six square feet on each side.

Any sign which projects over the city right-of-way with less than eight feet clearance from the bottom of said sign to the sidewalk shall project no more than two inches from the face of the building to which it is attached.

 (Ord.  No. 991-1, 9/13/1991.)

 

332.10                     Supp.  11/l/97

§19-79 ZONING                          §19-79

 

Sec. 19-79.  Maintenance and removal.

 

(a)        Every sign, including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural material condition at all times including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign.  The owner of any property on which a sign is located and those responsible for maintenance of the sign shall be equally responsible for maintenance of the conditions of the area 'in the vicinity of the sign and shall be required to keep this area clean, sanitary and free from noxious or offensive substances, rubbish and flammable waste materials.  The Building Inspector shall require compliance with all standards of this article.  If the sign is not made to comply with adequate safety standards, the Building Inspector shall require its removal in accordance with this section.

(b)        Abandoned signs.  Except as otherwise provided in this article, any sign that is located on property which becomes vacant and is unoccupied for a period of three months or more and any sign which pertains to a time, event or purpose which no longer applies shall be deemed to have been abandoned.  Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more-.  An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner of the premises.

(c)        Dangerous or defective signs.  No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in' a dangerous or defective condition.  Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.

(d)        The Building Inspector shall cause to be removed any sign that has been constructed or erected or is being maintained in violation of the provisions of this article or that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign.  The Building Inspector shall prepare a notice which shall describe the sign

 

332.11

§19-79             REHOBOTH BEACH CODE                         §19-79.1

 

and specify the violation involved and which shall state that if the sign is not removed or the violation corrected within 72 hours, the sign shall be removed in accordance with the provisions of this section.  Further, written notice for removal shall not be required where a sign has been removed or brought into compliance, within the applicable seventy-two-hour period and, thereafter, within 60 days of the original said written notice, the same sign or a substantially similar sign has been constructed or erected on the same property.  All notices mailed by the Building Inspector shall be sent by United States mail, postage prepaid. Any time periods provided in this section shall be deemed to commence on the date of the mailing.  If the notice is not complied with within the time period specified the Building Inspector shall cause the sign to be removed at the expense of the owner or lessee.  If the delay in repairing or removing the sign is occasioned by circumstances beyond the control of the owner or the lessee, the Building Inspector may grant, in writing, additional time for removal or repair of this sign.

(e)        For all signs other than those designated in Subsection (d), notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll.  A copy of the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property, if known.

(f)         (Reserved)

(g)        Notwithstanding the above, in cases of emergency, the City Manager, or his designee, may cause the immediate removal of a dangerous or defective sign without notice.

(Ord.  No. 991-1, 9/13/1991; amended Ord.  No. 1095-1, §§3 and 4, 10/10/1997.)

 

Sec. 19-79.1.[6] Enforcement.

 

(a)        No sign shall be permitted to be maintained or used in the city contrary to the provisions of this article.  The City Manager,

 

332.12                      Supp. 11/1/97

19-79.1                     ZONING                            19-81

 

by and through the duly authorized employees of the city, shall enforce the provisions of this article, and he is hereby authorized and directed to cause removal of all signs from areas in which they are prohibited by this article or which are maintained or used contrary to the provisions of this article.

(b) The city's Building Inspector is hereby authorized to issue a citation to any person or persons who violate the provisions of this article, which mandates the payment of the appropriate fine for said violation within 10 days of issuance.  If said fine is 'd within this period, the Building Inspector may then file a summons for the arrest of said violator, by the city's police.

(Ord.  No.        1095-1, §5, 10/10/1997.)

 

Sec. 19-79.2. Violations and penalties.

 

(a)        Violation of the provisions of this article shall constitute a misdemeanor, punishable by a fine of not less than $25, not to exceed $250 per offense, plus court costs.  Whenever such persons shall have been notified by the Building Inspector or by service of a summons in a prosecution or in any other way that they are committing such violation of this chapter, each day that they shall continue shall constitute a separate offense punishable by like fine or imprisonment.

(b)        In addition to the fines and penalties herein described, the city may avail itself of any and all civil and equitable remedies for the purpose of stopping continuing offenses of this articl6. (Ord.  No. 1095-1, §6, 10/10/1997.)

 

ARTICLE S. BOARD OF ADJUSTMENT.

 

Sec. 19-81.  Membership; terms; removal; vacancies.

 

(a)        The Board of Adjustment shall be composed of five members, who shall be residents of the City of Rehoboth Beach, with knowledge of the problems of urban and rural development, appointed by. the Mayor and confirmed by a majority of all the Commissioners of Rehoboth Beach.

 

332.12.1

§19-81             REHOBOTH BEACH CODE             §19-81

 

(b)        No member of the Board of Adjustment at the time of appointment and throughout the term of office shall be a candidate for Mayor or Commissioner, nor shall any member of the Board of Adjustment be the Mayor or a Commissioner of Rehoboth Beach.

(c) Each member of the Board of Adjustment shall be appointed for a term of three years- provided, however, that, upon the original appointments, two members shall be appointed for terms of one year, two members for terms of two years and one member for a term of three years.  Any member of the Board of Adjustment may be re-appointed for an additional term of three years.

(d)        Any member of the Board of Adjustment may be removed from office for cause after a hearing by majority vote of all the Commissioners of Rehoboth Beach.

A vacancy occurring other than by expiration of term shall be filled for the remainder of the unexpired term in the same manner as an original appointment.

(Ord.  No. 991-1, 9/13/1991.)

 

(Cont'd on page 332.13)

 

332.12.2

§19-82                          ZONING                              §19-83

 

Sec. 19-82.  Appeals.

 

Appeals to the Board of Adjustment may be taken b%- any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the Building Inspector.  Such appeal shall be taken within a reasonable time as provided by the rules of the Board of Adjustment by filing, with the Building Inspector from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof.  The Building Inspector from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appeal was taken from.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-82.1. Effect of appeal; restraining order.

 

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.  In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court record on application or notice to the Building Inspector from whom the appeal is taken and on due cause shown.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-83.  Hearing notice.

 

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interests and decide the appeal within a reasonable time.  At the hearing any party may appear in person, by agent or by attorney.

(Ord.  No. 991-1, 9/13/1991.)'

 

§19-84 REHOBOTH BEACH CODE                            §19-85

 

Sec.     19-84.  Powers.

 

The Board of Adjustment shall have the following powers:

(a) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter or by any ordinance supplemental hereof.

(b)        To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such

(c)        To authorize, in specific such variance from any zoning ordinance, code or regulation that will not be contrary to the public interest, where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinances, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall be observed and substantial justice done, provided that such relief may be granted without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map.

(d)        To authorize changes from one nonconforming use to another nonconforming use.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-84.1. Power to modify or reverse decisions.

 

In exercising its powers, the Board of Adjustment, in conformity with law, may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made.  To that end the Board shall have all the powers of the Building Inspector from whom the appeal is taken.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-85.     Rules and regulations.

 

The Board of Adjustment shall adopt rules as to the manner and time of filing appeals and applications for special exceptions, for a variance from the terms of this chapter, for the conducting of hearings and for the giving of such notice or notices as may be required or deemed advisable by the Board.  All of the rules and regulations shall

 

§19-86                        ZONING                             §19-88

 

conform with the requirements of this chapter and the law on that behalf.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-86.     Expiration of special exceptions and variances.

 

Unless otherwise specified by the Board of Adjustment, a special exception or variance shall expire if the applicant fails to obtain a building permit or fails to change the use, as the may be, within three (3) months from the date of authorization thereof.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 1 9- 8 7. Fee schedule.

 

(a)        All fees and charges shall be as established from time to time by the Commissioners of Rehoboth Beach for:

(1)        Each application for an appeal, exception or variance.

(2)        Each filing of a request for Board of Adjustment certificate,

or duplicate thereof, issued under authority of this chapter.

(3)        Each certified statement of district classification of any property or compliance of any property with the provisions of this chapter.

All fees and charges shall be paid in advance.

(Ord.  No. 991-1, 9/13/1991.)

 

See. 19-88.  Meetings; power of Chairman; records of proceedings-

 

(a)        Meetings of the Board of Adjustment shall be held as called for in the rules of procedure of the Board.  All meetings of the Board shall be open to the public.

(b)        The Chairman of the Board or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.

(c)        The Board shall keep minutes of its p ings, showing the vote of each member upon each question or, if absent or failing to vote, indicting such fact, and shall keep records of its examinations and

 

§19-91               REHOBOTH BEACH CODE                          §19-93

 

other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.

(Ord.  No. 991-1, 9/13/1991.)

 

ARTICLE 9. ADMINISTRATION AND ENFORCEMENT.

 

Sec. 19-91.      Office of Building Inspector created; appointment; Assistant Building Inspectors.

 

The office of Building Inspector of the city is continued.  The office of Building Inspector shall be filled by a competent person appointed by the City Manager for such term and at such salary and remuneration as the Commissioners of Rehoboth Beach shall determine.  Vacancies in the office shall be filled by the appointment of the City Manager.  Assistant Building Inspectors may 'be appointed who shall exercise the same powers as the Building Inspector, subject to review by the Building Inspector.

 (Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-92.     Qualifications of Building Inspector.

 

The person appointed to fill the office of Building Inspector shall be known as the "Building Inspector.' He shall be at least eighteen (18) years of age, of good moral character and a graduate of a high school or an accredited preparatory school and shall have a thorough knowledge of the trades of building construction and carpentry.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-93.   Enforcement of chapter, plot plan.

 

The Building Inspector shall enforce the provisions of this chapter.  The Building Inspector shall require that the application for a building permit and the accompanying plot plan contain all the information necessary to enable him to ascertain whether the proposed building or structure complies with the provisions of this chapter.  In addition to other n y data, the plot plan shall show the location of all existing buildings or structures on abutting land

 

§19-94                         ZONING                              §19-94

 

within fifty (50) feet of the side or rear of the lines of the premises of the applicant.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-94.      Violations and penalties.

 

(a) Failure to secure a building permit or Board of Adjustment certificate, when required, previous to the repair, remodeling, erection, construction, extension or addition to a building or a structure or failure to secure a certificate of occupancy shall be a violation of this chapter.

(b) For any and every violation of the provisions of this chapter, the owner, agent or contractor of a building or structure or premises where such violations have been committed or shall exist and the lessee or tenant of an entire building or an entire structure or entire premises where such violations have been committed or shall exist and the owner, agent, contractor, or tenant of any part of a building or structure or premises in which part such violation has been committed or shall exist and the agent, architect, builder or contractor or any other person who knowingly commits, takes part or assists in any such violation or maintains any building or structure or premises in which any such violation shall exist shall be liable, on conviction thereof, to a fine not exceeding one hundred fifty dollars ($150.) for each and every offense and, in default of the payment thereof, shall be imprisoned for a period of not exceeding twenty (20) days.  Whenever such person shall have been notified by the Building Inspector or by service of a warrant in a prosecution or in any other way that he is committing such violation of this chapter, each day that he shall continue shall constitute a separate offense punishable by a like fine or imprisonment

(c)        Any building or portion thereof or party or foundation wall hereafter erected or placed upon any lot or premises within the city, in violation of the provisions of this chapter, is hereby declared a common nuisance and shall be abated in the same manner as provided by the Charter of the city for the abatement of any other nuisance.

(d)        In case any building or structure is erected, constructed, reconstructed, altered or repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant hereto, in addition to other remedies

 

§19-95             REHOBOTH BE ACH CODE                    §19-95

 

ordered by law, any appropriate action, i 'unction or proceeding, prove whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, enjoin, correct or abate such , violation, to prevent the occupancy of such building, structure or land or to prevent such illegal act, conduct, business or use in or about such premises.

(Ord.  No. 991-1, 9/13/1991.)

 

19-95.     Building permits.

 

(a)        No building permit shall be issued until the Building Inspector has certified that the proposed building or structure or alteration complies with all the provisions of this chapter and all fees have been paid.

(b)        No person shall commence work for the erection or alteration of any building or structure until a building permit has been duly issued therefor.

(c)        No building permit shall be issued for the use of land or for the erection or ex-tension of a building or structure thereon with respect to which an ordinance to change its zoning classification or use -permitted under its existing zoning classification has been advertised for a public hearing until:

(1)        Official adoption or rejection of the ordinance; or

(2)        Expiration of ninety (90) days from the date on which such

ordinance was introduced in City Council, whichever first occurs, provided that this section shall not prohibit issuance of a building permit in connection with a use which is not prohibited by the existing zoning classification or the zoning classification set forth in the proposed ordinance.  The aforesaid period of ninety (90) days may be extended not more than once for an additional ninety (90) days, provided that such extension of time receives the concurring approval by resolution of the Rehoboth Beach Commissioners by two-thirds vote within sixty (60) days from the date on which such ordinance was introduced in City Council.

(Ord.  No. 991-1, 9/13/1991.)

 

§19-96                       ZONING                             §19-102

 

19-96.      Usual and necessary repairs.

 

Nothing contained in this Article shall be construed or considered as requiring any person to make application for or obtain a permit in order for such person to make usual and necessary repairs to any existing building or structure within the limits of the city.  The words (i.e., replacing roof, gutters, siding, storm windows, etc.) shall not be construed or considered to include any addition to, or any structural change or alteration in, and/or such existing building or structure, nor the reconstruction of and/or such existing building or structure which may be destroyed in whole or in part by fire, storm or other catastrophe.  A building Permit however, may be required by other chapters of the C-ode of the City of Rehoboth Beach.

(Ord.  No. 991-1, 9/13/1991.)

 

ARTICLE 10.  AMENDMENT PROCEDURE.

 

Sec. 19-101.  Modifications may be made.

 

The regulations, restrictions, boundaries and provisions of this chapter may be amended, supplemented, changed, modified or repealed as provided by law.

(Ord.  No. 991-1, 9/13/1991.)

 

Sec. 19-102.  Protest against proposed change.

 

If a protest against any. change is signed by the owners of twenty percent (20%) or more of the area of lots included in the proposed change or of twenty percent of the owners of the area of the lots adjacent thereto extending one hundred (100) feet therefrom or of twenty percent (20%) of the owners of the area of the lots directly opposite thereto, extended one hundred (100) feet back from the street frontage of such opposite lots, the amendment shall not become effective, except by the favorable votes of three-fourths (3/4) of all the members of the Commission.

(Ord.  No. 991-1, 9/13/1991.)

 

§l9-103            REHOBOTH BEACH CODE                            §l9-113

 

c.         19-103.  Hearings required; notice.

 

No amendment, supplement or change shall become effective until r a public hearing in relation thereto, at which hearing parties interest and citizens shall have an opportunity to be heard.  At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in the city.

(Ord. No. 991-1, 9/13/1991.)

 

ARTICLE 11.  SEVERABILITY; CONFLICTS; EFFECTIVE DATE.

 

19-111.  Severability.

 

If any section, paragraph, subdivision, clause, phrase or provision of is chapter shall be adjudged invalid or held unconstitutional, the me shall not affect the validity of this chapter as a whole or any part f a provision thereof, other than the part so decided to be invalid or unconstitutional.

rd. No. 991-1, 9/13/1991.)

 

. 19-112.  Conflicts with state statute.

 

If any provision of this chapter is inconsistent with the provisions of title 22, Delaware Code, the provisions of the Delaware Code shall prevail as to the inconsistency.

(Ord. No. 991-1, 9/13/1991.)

 

19-113.  Effective date.

 

This chapter shall become effective on September 13, 1991. However, nothing contained herein shall create rights to a valid nonconforming use in respect to a property which did not qualify for valid nonconforming use under the Zoning Ordinances in existence e day before- the effective date of this chapter, unless the property as been rendered nonconforming as a direct result of changes treated by the adoption of this chapter.

(Ord. No. 991-1, 9/13/1991.)

 


ZONING

 

Table of Use Regulation

Part I

City of Rehoboth Beach

 

ZOINING DISTRICTS

                                USES                                                      R-1(S)     R-1          R-2     C-2        C-3          C-3 CM         O-1

 

                             Single-family detached dwell-              yes1        yes1      yes1       yes1        yes1         yes1            no           no

                                   ing

                             Two-family dwelling                                 no           no      yes          yes          yes         yes             no           no

                             Single-family semidetached                     no           no      yes          yes          yes         yes             no           no

                                   dwelling

                             Single-family attached dwell-                  no           no          yes       yes          yes         yes             no           no

                                   ing

                             Garden apartment                                      no           no          yes       yes          yes             yes          no           no

                             Garage apartment                                      no           no          yes       yes          yes             yes          no           no

                                Mid-rise apartment                                no           no          no        yes          yes             yes          no           no

                                Tourist, rooming or boarding              no          no7          no        yes          yes             yes          no           no

                                   house

                                Hotel. motel or inn                                 no           no          no       yes2        yes2             yes2            no           no

                                Fire station                                              no           no          no        yes          yes             yes             no           no

                                Public or private parking lot,                no           no          no        yes          yes             yes             no           no

                                      pursuant W Article 4

                                Retail stores, including gift,                 no           no          no     yes3,4      yes3,4         yes3,4,5           no           no

                                      art and antique shops, and

                                      personal services shops, in-

                                      cluding Persons trades

                                Restaurants or Caterers                        no           no             no     yes          yes             yes5            no           no

                                Theaters and halls for the en-              no           no             no     yes          yes                no           no           no

                                      tertainment of guests

                                Billiard, pool or bowling estab-           no           no             no     yes          yes                no           no           no

                                      lishments and miniature

                                      golf courses

                                      Food establishments -here al-       no           no             no     yes          yes                yes5        no           no

                                      coholic beverages are not

                                      served or consumed

                                      LEGEND:

                                      Yes - Use permitted.

                                      No - Use prohibited.

 

NOTES:          

 

1Provided that no more than one (1) main building may be erected on a single lot.

2Motor vehicle entrances shall be as approved by the Building Inspector so as to comply with the applicable city standards and the State of Delaware Department of Transportation specifications, and so as not to be unsafe for pedestrian traffic.

3Not including bird and animal treatment or sale.

4Not including trades requiring the use of power tools.

5Struture size is limited to ten thousand (10.000) square feet of gross floor area except that a structure existing on the date of adoption of this chapter may be increased to ten thousand (10,000) square feet of gross floor area or increased by twenty-five percent (25%L whichever is greater.

6Permitted by special exception.

7Only as permitted in Section 19-68, Rental of rooms in R-1 District.

8Only as permitted in Section 19-30.1. Patios.

 

ZONING

 

Table of Use Regulations

Part 2

City of Rehoboth Beach

 

                                                                                                                                             ZONING DISTRICTS

                         USES                                                       R-I(S)         R-1          R-2                    C-1                C-2             C-3          CM         O-1

 

                         Telephone central office                             no            no            no                      yes                   yes            yes5         no            no

 

                         Electric/gas utility building                         no            no            no                      yes                 yes              yes5              no            no

 

                         Laboratories, analytical and                       no            no            no                      yes                 yes              yes5         no               no

                                chemical

 

                         Printing, engraving and print                      no            no            no                      yes                 yes              yes5         no               no

                                reproduction

 

                         Hand laundry and dry clean-                      no               no            no                  yes                 yes              yes5         no               no

                                ing, where cleaning is not

                                done on premises

 

                         Professional offices and studios                 no               no            no                  yes                   yes            yes5         no               no

 

                         Offices, banks and other finan-                  no               no            no                  yes                   yes            yes5         no               no

                                cial institutions and courts

                                of law

 

                         Private club or lodge                                      no            no            no                  yes                 yes              yes5         no               no

 

                         S.e[f-s-ervice laundry                                    no            no            no                  yes                   yes            yes5         no               no

 

                         Commercial terinis courts                              no            no            no                  yes                   no                no            no            no

 

                         Gymnasiums or health clubs                         no            no            no                  yes                 no                  no            no            no

 

                             Public or commercial g-ara@,                     no            no            no                  yes                 no                  no            no            no

                                repair shops, @ and oil

                                service stations

 

                             Undertaking parlors and un-                      no            no            no                  yes                 no                  no            no            no

                                dertakers supplies

 

                             Public or private schools                            no            no            no                  no6                 no6                 no5,6      no               no

 

                             Church or other place of wor-                    no            no            no                  no6                 no6                 no5,6      no               no

                                ship; parish house or Sun-

                                day School building

 

                             Cemetery                                                    no            no            no                     no                 no                no            yes          no

 

LEGEND:

Yes - Use permitted.

No - Use prohibited.

 

NOTES:

1Provided that no more than one (1) main building may be erected on a single lot.

2Motor vehicle entrances shall be as approved by the Building Inspector so as to comply with the applicable city standards and the State of Delaware Department of Transportation specifications, and so as not to be unsafe for pedestrian traffic.

3Not including bird and animal treatment or sale.

4Not including trades requiring the use of power tools.

5Struture size is limited to ten thousand (10.000) square feet of gross floor area except that a structure existing on the date of adoption of this chapter may be increased to ten thousand (10,000) square feet of gross floor area or increased by twenty-five percent (25%L whichever is greater.

6Permitted by special exception.

7Only as permitted in Section 19-68, Rental of rooms in R-1 District.

8Only as permitted in Section 19-30.1. Patios.

 

ZONING

 

Table of Use Regulations

Part 3

City of Rehoboth Beach

 

                                                                                                                                          ZONING DISTRICTS

                             USES                                                       R-I(S)         R-1       R-2                C-1                    C-2          C-3          CM         0-1

 

                             Enclosed commercial places of                   no            no         no                  no                      yes          no            no            no

                                   amusement

 

                             Structure-- deemed necessary                    no            no         no                  no                      no            no            no               yes

                                   by the city for public ser-

                                   vices. health and safety

 

                             Accessory uses pursuant to                       yes          yes       yes                 yes                    yes          yes          no               no

                                   Section 19-29

 

                             Signs pursuant to Article 7                        yes          yes       yes                 yes                    yes          yes          no               no

 

                             Taproom                                                    no               no         no               no                      no               no            no            no

 

                             Tavern                                                        no               no         no               no                    no                 no            no            no

 

                             Dancehall                                                    no               no         no               no                      no               no            no            no

 

                             Cabaret                                                       no               no         no               no                      no               no            no            no

 

                             Nightclub                                                    no               no         no               no                        no             no            no            no

 

                             Cafe                                                               no            no         no               no                      no               no            no            no

 

                             Dinner theater                                               no            no         no               yes                    yes          yes          no               no

 

                             Patios                                                                                                            yes8                   yes8         yes8

 

LEGEND-.

Yes - Use permitted.

No - Use prohibited.

 

NOTES:

1Provided that no more than one (1) main building may be erected on a single lot.

2Motor vehicle entrances shall be as approved by the Building Inspector so as to comply with the applicable city standards and the State of Delaware Department of Transportation specifications, and so as not to be unsafe for pedestrian traffic.

3Not including bird and animal treatment or sale.

4Not including trades requiring the use of power tools.

5Struture size is limited to ten thousand (10.000) square feet of gross floor area except that a structure existing on the date of adoption of this chapter may be increased to ten thousand (10,000) square feet of gross floor area or increased by twenty-five percent (25%L whichever is greater.

6Permitted by special exception.

7Only as permitted in Section 19-68, Rental of rooms in R-1 District.

8Only as permitted in Section 19-30.1. Patios.

 

Sign Requirements Per Zoning District

City of Rehoboth Beach

 

ZONING DISTRICT

                                                                       R-1

                   TYPE OF SIGN                         R-I(S)        R-2      C-1      C-2      C-3

                   Banner sign                                    no            no      yes       yes      yes

                   Bench sign                                     no            no        no        no        no

                   Billboard sign                                 no            no        no        no        no

                   Changeable copy sign                     no            no      yes       yes      yes

                   Construction sign                                          yes          yes      yes1     yes1     yes1

                   Directory sign                                 no            no      yes       yes      yes

                   Freestanding sign                            no2         no2        no        no        no

                   Ground/pole sign                            no2         no2        no        no        no

                   Illuminated sign                              no            no      yes       yes      yes

                   Integral sign                                    yes         yes      yes       yes      yes

                   Marquee sign                                  no            no      yes       yes      yes

                   Point-of-Sale sign                           no            no      yes       yes      yes

                    Projecting sign                               no            no      yes2       yes2       yes2

                         Real estate sign                              yes          yes     yes       yes      yes

                    Roof sign                                      no            no        no        no        no

                    Snipe sign                                      no            no        no        no        no

                    Street banner sign                           no            no        no2      no2-     no2

                    Trailer sign                                     no1          no1       no1      no1       no1

                    Wall sign                                       no            no        yes      yes       yes

                    Window sign                                 no            no        no        no        no

                    

 

NOTES:

1Only in accordance with Section 19-73.

2Except as permitted elsewhere in Article 7.

 

Supp.  11/l/91



[1] Editor's Note: This ordinance also repealed former Ch. 19, Zoning, adopted 3-12-1976 as Ord. No. 376-1, as amended.

 

[2] Editor's Note: The Zoning Map and any subsequent amendments thereto are on file in the

office of the City Clerk and may be examined there during regular office hours.

[3] Editor's Note: The Table of Use Regulations, including special exceptions, is included at the

end of this chapter and displays graphically the regulations contained in Article 2.

[4] Editor's Note: See Ch. 5. Buildings, Art. 1. Building Code, and Art. 2, Modifications to Building Code.

5 Editor's Note: See Ch. 5, Buildings Art. 1, Building Code, and Art 2, Modifications to

Building Code.

[6] Editor's Note: Former Section 19-79.1, Annual application to continue use; charges and fees, adopted 9-13-1991 as Ord.  No. 991-1, was repealed 9-8-1995 by Ord.  No. 995-1, § 2.