Chapter 1 Article III of the Town of Dewey Beach Municipal Code

Chapter 1 Article III of the Town Of Dewey Beach Municipal Code

ARTICLE III Definitions [Adopted 9-7-1984 as Ch. 2 of the 1984 Code]

§ 1-15. General rules of construction.

The general rules of construction shall apply to the regulations of this Code:

A. / The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.
B. / Words used in the present tense include the past and future tenses, and the future the present.
C. / The word "shall" is always mandatory. The word "may" is permissive.
D. / The word "building" or "structure" includes any part thereof, and the word "building" includes the word "structure." " and the word “structure” includes “building”
E. / Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

§ 1-16. Definitions.

As used in this Code, the following terms shall have the meanings indicated:

ACCESSORY BUILDING — An accessory building is a subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Code) located on the same lot as the main building or principal use of the land.
ACCESSORY USE — An accessory use is one which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Code) is located on the same lot as the principal use of the premises. When the term "accessory" is used in the Code, it shall have the same meaning as "accessory use".
AGGREGATE AREA OR WIDTH — The sum of two or more designated areas or widths to be measured, limited, or determined under the provisions of this Code.
ALLEY — A narrow public or private thoroughfare, not exceeding 16 feet in width, which provides only a secondary means of vehicular access to abutting properties, and which is not intended for general traffic circulation.
ALLEY RETAIL – Includes commercial properties occupied by retail type businesses which are located in such a manner so as to face each other and being separated by an alley.
AUTOMATED TELLER MACHINE – An unattended electronic machine in a public place, connected to a data system and related equipment and activated by a bank or financial institution customer to obtain cash withdrawals and other banking services.
AUTOMOBILE SERVICE STATION – A retail establishment that provides for one or more of the following:
A.  The servicing of motor vehicles and operations incidental thereto and limited to the retail sale of petroleum products, and that may include one or more of the following activities: retail sales and installation of automotive accessories,; automobile washing by hand; undercoating and rustproofing; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, changing and replacement (excluding repair and rebuilding); radiator cleaning and flushing (excluding steam cleaning and repair); installation of accessories; and State inspection; and/or
B.  The following operations if conducted within a completely enclosed building: brake servicing limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the testing, adjustment and replacement or servicing of carburetors, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring; and/or
C.  The operation of a convenience food store, provided that retail sale of petroleum products is part of the operation.
In no case shall the following be permissible as part of an automobile service station operation: automobile wrecking, automobile or auto parts recycling, auto body repairs, automobile painting, the parking or storing of inoperable, wrecked or unregistered vehicles, the parking or storing of automobiles for hire, automobile parking for fee, or the operation, parking or storing of more than two towing vehicles.
AWNING — A temporary or permanent non-load-bearing projection from a building designed to provide shade or protection from elements, having a pitched surface which may not be used for any other purpose.
BAR — A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Bars include those facilities otherwise referred to as taverns, night clubs, private clubs, bottle clubs and similar facilities serving alcoholic liquor. No new bars shall be permitted as of the date of the adoption of this definition. [Added 4-11-1992 by Ord. No. 228] per Ordinance No. XXX MM/DD/YYYY.
BASEMENT — ThatThe portion of a building between thea floor and ceiling which is wholly or partly or completely below grade and having more than one-has at least half of its height below grade.
BATHROOM, PUBLIC – A permanent bathroom facility which includes a private toilet and a sink and which is available to the general public for use.
BAY — A small gulf with an opening to the sea of less than 24 nautical miles and a strictly defined minimum area.
BEACH — That area of land and water where the Atlantic Ocean or Rehoboth Bay and the land of the Town meet and extending into the ocean or bay 100 feet and onto land to the crest of the dunes.
BED-AND-BREAKFAST INN — Same as “tourist home.” [Added 3-19-1994 by Ord. No. 290] BED-AND-BREAKFAST — An owner occupied private home in which up to four bedrooms are used to provide overnight accommodations, which may include breakfast, for transient guests for compensation.
BILLBOARD – Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, other than on a building or the grounds to which the advertising applies.
BOARD — The Dewey Beach Board of Adjustment, unless specifically noted otherwise.
BOARDINGHOUSE — Same as “rooming house.”
BOAT — An open vessel over four feet in length, primarily designed for traveling on water including, but not limited to all vessels loosely defined as jet skis, canoes, kayaks, sailboats, catamarans, powerboats and rowboats.
BOAT — An open vessel over four feet in length, noninflatable, used for traveling on water.
BUILDABLE AREA — The area of that part of the lot not included within the yards or open spaces herein required.
BUILDABLE WIDTH — The width of that part of a lot not included within the open spaces herein required.
BUILDING — Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BUILDING, HEIGHT OF — The vertical distance from grade to the highest point of the building or structure. [Amended 2-18-1983 by Ord. No. 26] Grade is defined as follows: Grade elevation shall be taken to be the elevation at the crown of the parcel’s primary frontage street abutting any lot or parcel measured at the centerline of the lot frontage.
BOTTLE CLUB – A commercial establishment in which alcoholic liquors or mead (as those terms are defined in 4 Del. C. § 101) are not legally sold, but are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The term bottle club shall not include a licensee under the Alcoholic Beverages Control Commission.
BULK — A term used in this Code to describe the size and shape composite characteristic of a given building or structure and its relationshipas located upon a given lot; not definable as a single quantity but involving all of these characteristics: size, shape and height of building or structure, location of exterior walls in relation to lot lines, streets or to other buildings, or structures, floor to the lot area for a building, density and to ratio, all open spaces and yards. allocated to the building or structure, amount of lot area provided per dwelling unit.
BUSINESS DISTRICT — See “district.”
CABARET — A commercial enterprise as defined by and licensed by the Delaware Alcoholic Beverage and Control Commission pursuant to 4 Del. C. §101(7) et seq., which presently defines "cabaret" as "an establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service of dinner, and where a minor, as defined in §708 of this title, is to be denied admission to or permission to remain on premises after 9:00 p.m. (official Eastern Time) unless accompanied by a parent or by a legal guardian." No cabaret shall be open on Sunday. [Added 7-7-1995 by Ord. No. 328; amended 5-10-1997 by Ord. No. 373]
BUILDING RESTRICTION LINE — The distance from the road where a building may be positioned, which appears in the original plat of subdivision, restrictive covenants, or in zoning ordinances and building codes. Also, the building line designated on Department of Natural Resources and Environmental Controls maps that regulates development near the beach.
CABARET — A commercial enterprise as defined by and licensed by the Delaware Alcoholic Beverage and Control Commission pursuant to 4 Del. C. §101(7) et seq., which presently defines “cabaret” as “an establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service of food and beverage, and where a minor, as defined in §708 of this title, is to be denied admission to or permission to remain on premises after 9:00 p.m. (official Eastern Time) unless accompanied by a parent or by a legal guardian.” Cabarets must cease operations on Sundays no later than 11:00 p.m..
CANOPY — A detachable, roof-like cover, supported from the ground, or deck, floor, or walls of a building, for protection from sun or weather.
CERTIFICATE OF OCCUPANCY — A statement signed by a duly authorized Town officer setting forth that a building, structure, or use, legally complies with the Zoning Chapter and that the same may be used for purposes stated herein.
CLINIC — A building or portion thereof designed for, constructed or under construction or alteration for, or used by two or more State-licensed medical practitioners, e.g. physicians, surgeons, dentists, psychiatrists, physiotherapists, or practitioners in related specialties, or a combination of persons in these professions,etc., but not including lodging of such practitioners or patients overnight.
CLUB, PRIVATE — Buildings and facilitiesA building or portion thereof owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for the profit which inures to any individualof said owner or operator and not primarily to render a service which is customarily done as a business. A businessprivate club shall not be defined to beinclude uses otherwise referred to as an "“after hours"” club, a nightclub or other similar establishment intended to be a location for congregation of persons to socialize frombetween the hours of 1:00 a.m. untiland 6:00 a.m. [Amended 8-10-2001 by Ord. No. 456]
COMMERCIAL UNIT — A portion of a building or structure set aside for commercial use by a person, and being self contained. (See SELF-CONTAINED UNIT.)
COMMERCIAL USE — Building types which include the distribution and sale or rental of goods; and the provision of services.
CONSTRUCTION, STARTING OF — The combining of labor and material into any portion of the structure, on the site thereof, not including grading or staking.
COOKING FACILITIES — Any appliances or equipment provided for the purpose of food preparation, with the exception of a coffee maker. [Added 4-8-1989 by Ord. No. 139] CONSTRUCTION, SIGNIFICANT PROGRESS – Construction performed on a development project in an amount or to an extent that comprises at least 50% of the total amount of construction to be performed for the project, as determined by the development project construction inspector.
CONSTRUCTION, COMPLETION – Construction performed on a development project that has been certified by the development project construction inspector as being complete and in full compliance with all project plans, specifications, drawings, and any other pertinent documents.
CONTIGUOUS LAND AND PARCELS – Tracts of land that share one or more common boundaries
COOKING FACILITIES — Any appliances or equipment provided for the purpose of food preparation, with the exception of a microwave, refrigerator or coffee maker.
COURTYARD – An area wholly or partly surrounded by walls or buildings and open to the sky.
DAY-CARE CENTER — A center which provides daytime care or instruction for six or more children and operates on a regular basis. CRAWL SPACE – Apace between the first finished floor and the average level of the adjoining ground which usually contains pipes, ducts, and wiring, permits access, and where the distance between the average level of the adjoining ground and the first finished floor is not greater than five (5) feet. A crawl space shall not be considered a story, and people are prohibited from sleeping in a crawl space.
DAY-CARE CENTER — A State licensed center which provides care or instruction for more than six children and operates on a regular basis.
DINNER THEATER — A portion of the building must be used for the presenting of public performances featuring live actors in dramatic or musical productions. The building theater must also serve at least one meal consisting of, but not limited to, appetizers, entrees, salads, vegetables, desserts and beverages other than alcoholic. There shall also be an adequate and sanitary kitchen and dining equipment.
DISTRICT — Any section of the Town of Dewey Beach in which the zoning regulations are uniform.