Bethany Beach City Zoning Code
ARTICLE XIV
Exceptions and Modifications
§ 425-83 Existing lots of record.
[Amended 8-17-1990 by Ord. No. 251]
Except as herein provided, in any residential district where the owner of a lot at the time of original enactment of this chapter or his or her successor in title thereto does not own sufficient land to enable him or her to conform to the minimum lot area and/or frontage requirements of this chapter, such lot may be used as a building site for a single standard-dwelling-unit building, provided that all requirements for the district in which said lot is located are maintained, except that pertaining to minimum lot size.
§ 425-84 Planned Residential Development.
[Amended 4-15-1983 by Ord. No. 114]
Permission to improve a lot or a plot of ground as a Planned Residential Development shall be by the Planning and Zoning Commission[1] in accordance with Chapter 410, Subdivision of Land. The Planned Residential Development shall be reviewed under the same procedure as governs a major subdivision. In considering such an application, the Planning and Zoning Commission shall determine that the following requirements, among others, are met:
A.
The proposed Planned Residential Development shall not include uses not permitted in the zone within which it is located.
B.
No building or structure shall exceed the height limits for the zone within which it is located.
C.
The overall net density of standard dwelling units and percent of lot or plot coverage shall be no greater and the overall standard of usable open space no lower than permitted by this chapter in the zone in which the proposed subdivision is located. Net density shall be computed after subtracting:
[Amended 8-17-1990 by Ord. No. 251; 2-18-2000 by Ord. No. 341]
(1)
Land allocated to street rights-of-way; and
(2)
All federal and/or state designated wetlands, except that where the filling of federal and/or state designated wetlands is permitted by the appropriate authorities having jurisdiction thereof, such filled areas shall not be considered wetlands for purposes of this section. (Any usage of federal and/or state designated wetlands to establish density shall require the prior approval of the Town Council following a public hearing thereon.)
D.
Anything in Chapter 425, Zoning, and Chapter 410, Subdivision of Land, of the Code of the Town of Bethany Beach to the contrary notwithstanding, the minimum street frontage for a Planned Residential Development (PRD) may be reduced, in the exercise of the Planning and Zoning Commission's[2] sound discretion, to not less than the minimum street frontage required for a single standard dwelling unit in that zoning district, regardless of the actual number of dwelling units in the proposed PRD.
[Added 11-18-1988 by Ord. No. 210; amended 8-17-1990 by Ord. No. 251]
[2]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
E.
After approval by the Planning and Zoning Commission,[3] the plat, which shall include any requirements, approved by the Planning and Zoning Commission, shall be reviewed further in accordance with the Chapter 410, Subdivision of Land.
[3]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
§ 425-85 Dimensional exceptions.
The following exceptions from the dimensional requirements of this chapter shall be permitted:
A.
Chimneys, when necessary to comply with the Building Code, may exceed the permitted building height of this chapter, but no more than two feet.
B.
Chimneys, eaves, and bay and bow windows may project in any yard space a maximum of two feet. Bay and/or bow windows are limited to a maximum of 10 linear feet.
[Amended 3-18-2016 by Ord. No. 523]
C.
Accessory buildings shall be located within the rear yard space, provided that no part of the accessory building be less than five feet from a property line.
D.
Steps may intrude on the front and/or side yard setbacks as follows:
[Added 2-10-2006 by Ord. No. 405; amended 8-18-2006 by Ord. No. 417]
(1)
The front steps and landing of any single-family dwelling unit in the R-1 and R-1A Residential Districts may encroach up to 10 feet into the frontyard setback (but in no closer than 10 feet from the front property line) where: the front steps and landing must fall within a ten-foot by ten-foot area; the door opening onto such front steps and landing which protrude into the front yard setback are uncovered; and the front steps lead from the landing or doorway directly toward the street.
[Amended 3-18-2016 by Ord. No. 523]
(2)
Entrance steps and landings of any single-family dwelling unit in the R-1 Residential District may encroach up to five feet into the street facing side-yard setback (but no closer than 10 feet from the side property line) where: the entrance steps and landings do not exceed 42 inches in width; the door opening onto such entrance steps and landings faces and is plainly visible from the street; and that portion of the entrance steps and landings which protrude into the side yard setback are uncovered.
E.
Location of heating and/or air-conditioning units. Heat and/or air-conditioning units may be located within a rear yard, provided that no part of the unit(s) be less than seven feet from a side property line or 10 feet from a rear property line. When a dwelling is located on a corner lot, such unit(s) may be located in the side yard which is abutting the street. Any heating and/or air-conditioning unit already in place as of the effective date of this subsection (January 18, 2002) shall be lawfully nonconforming.
[Amended 7-19-1996 by Ord. No. 311; 1-18-2002 by Ord. No. 361]
F.
Location of aboveground fuel storage tanks for propane gas or compressed natural gas. Aboveground fuel storage tanks for propane gas or compressed natural gas (over 50 pounds) shall be located within the rear yard, provided that no part of the unit shall be less than seven feet from a side property line or 10 feet from a rear property line. If placement within the rear yard is deemed, within the reasonable exercise of the Building Inspector's judgment, to present a potential safety issue, said tank may be located within a side yard, provided that no part of the unit shall be less than seven feet from a side property line. It is recommended that any storage tank located in a side yard should be enclosed by a fence, enclosure or other screening device (e.g., dense shrubs) in such manner that the storage tank is not visible from the street. Any aboveground fuel storage tank already in place as of the effective date of this subsection (January 18, 2002) shall be lawfully nonconforming as to location.
[Added 1-18-2002 by Ord. No. 361]
G.
Securing aboveground fuel tanks. Unless elevated above the design flood elevation and secured as provided in Subsection H hereafter, all aboveground fuel storage tanks (over 50 pounds) shall be securely anchored to the ground by means of vinyl-coated metal cable attached to manufactured home screw anchors placed to a level of not less than four feet below grade in the manner shown on the diagram attached hereto. The metal cable shall be corrosive-resistant and of sufficient gauge and strength, and the anchoring assembly completed, so that if the fuel storage tank is detached from its location due to extreme flooding or wind, it shall remain in place and not become a wind- or waterborne object. This subsection shall be effective as to all aboveground fuel storage tanks installed after the effective date of this subsection (January 18, 2002); all aboveground fuel storage tanks already in place as of the effective date of this subsection shall be brought into compliance with this subsection not later than January 18, 2003.
[Added 1-18-2002 by Ord. No. 361][1]
H.
Securing fuel tanks in the special flood hazard area (V Zone). In the special flood hazard area (V Zone), aboveground fuel storage tanks shall be elevated above the design flood elevation and secured to the dwelling's supporting structure by corrosive-resistant materials in a manner satisfactory to the Building Inspector's reasonable judgment, to insure that such fuel storage tank shall remain securely in place during any severe wind or flooding event. Below-ground fuel storage tanks shall be anchored by means of vinyl-coated metal cable attached to manufactured home screw anchors placed to a level of not less than four feet below the lowest elevation of the tank. The metal cable shall be corrosive-resistant and of sufficient gauge and strength, and the anchoring assembly completed, so that if the fuel storage tank is unearthed due to extreme flooding or wind, it shall remain in place and not become a wind- or waterborne object. This subsection shall be effective as to all fuel storage tanks installed in the special flood area after the effective date of this subsection (January 18, 2002); all fuel storage tanks already in place in the special flood area as of the effective date of this subsection shall be brought into compliance with this subsection not later than January 18, 2003.
[Added 1-18-2002 by Ord. No. 361][2]
 | |
 |
I.
Temporary structures to accommodate the requirements of physically handicapped persons. Temporary structures to accommodate the requirements of the physically handicapped persons may be located in the front, rear, or side-yard setbacks if approved by the Board of Adjustment as a special exception pursuant to § 425-105B of the Town Code, subject nevertheless to the following conditions:
[Added 1-20-2006 by Ord. No. 401]
(1)
The "time of notice" requirements for a public hearing on a special exception request established by § 425-107D of the Town Code shall be modified so as to require only 10 days prior notice of the hearing by mail, publication, posting of the property, and posting in five public places in the Town.
(2)
Any such structure shall not exceed the minimum necessary to accommodate the clearly described and defined needs of a physically handicapped person residing (on a temporary or full-time basis) in the residence to which the structure is attached.
(3)
The applicant shall provide satisfactory proof of the physical handicap requiring the special exception, demonstrate that the structure requested does not exceed the minimum necessary to accommodate the needs of a handicapped person residing (on a full or part-time basis) in the residence to which it is attached, and provide detailed information concerning the proposed location, dimensions, materials, and appearance of the structure.
(4)
No such structure shall be constructed, installed, or placed upon the lot until authorized as a special exception by the Board of Adjustment and a building permit issued, but the normal and customary fees for filing a special exception request and for obtaining a building permit for such structure shall be waived; in lieu thereof, the applicant shall reimburse the Town for its out-of-pocket costs for providing public notice of the special exception hearing.
(5)
In approving any such special exception, the Board of Adjustment may impose reasonable conditions pertaining to the structure (e.g., modifications to the size or location of the structure, screening, etc.), provided that such conditions do not create unreasonable or unnecessary impediments or difficulties with the construction, installation, placement, or use of the structure.
(6)
No structure authorized as a special exception under this section shall remain in place when the need for such structure ceases to exist because no handicapped person is residing (on a full or part-time basis) in the residence to which the structure is attached. The owner of record of the lot shall be required to remove such structure and restore the premises so as to comply with the required yard setbacks within 60 days after such need ceases to exist and upon failure to do so, the Town may (after due notice to the lot owner) cause such structure to be removed and the costs thereof shall constitute a lien upon the property.