To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a Town official in the enforcement of this chapter or of any ordinance supplemental hereto or amendatory thereof.

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. "Alleys" may be private or publicly dedicated, but no "alley" shall be permitted to serve as the primary means of vehicular access to any property or dwelling unit.

One unit within a multiunit building containing all the requirements of a dwelling unit, except smaller in floor area than required for a dwelling unit.

An exterior floor system or platform enclosed by a wall or balustrade on the outside of a structure, with access from an upper-floor window or door.

A room affording complete privacy and containing at least a toilet and lavatory.

A detached building, not for habitation, accessory to and on the same lot with a principal building. A building or other structure that does not have a wall and a roof in common with the principal building but is connected to the principal building by way of but not limited to a deck, walkway (covered or open), a buried foundation, knee wall, trellis, railings or any form of fencing shall be considered an accessory building/structure.

A building containing two or more apartments.

A building containing more than one standard dwelling unit.

A building or structure, the principal use of which is commercial.

A building or structure whose exterior dimensions or density of occupancy exceed those permitted by the height, density or lot coverage restrictions or violate the yard requirements provided by this chapter.

A building or structure, the principal use of which is recreational.

A building or structure, the principal use of which is residential.

A building in which is conducted the main use of the lot on which the building is located.

A building containing no more than one standard dwelling unit.

Hotels or motels, in a building or group of buildings, offering transient lodging accommodations on a daily rate to the general public. Additional services to be provided may include mandatory amenities and/or other restaurants, meeting rooms, pools, spas, and recreational facilities.

A standard guest room in the Commercial Lodging Zoning District (CL-1) containing a bathroom, or access thereto, and sleeping facilities, but without a kitchen.

A use, generally of a public or quasi-public character, which is deemed to be essential or desirable for general convenience and welfare but: because of its unusual characteristics, cannot be well-adjusted to its environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations; because of the nature of the use, the importance of its relationship to the Comprehensive Plan, and possible impact on both neighboring properties and larger areas of the Town, nevertheless requires the exercise of planning judgment and legislative discretion on location and site plan. A conditional use may be approved, approved with conditions, or denied, by the Town Council, following review by the Town Planning and Zoning Commission[1] and a duly-noticed public hearing in accordance with the same procedures governing an amendment to the Town Zoning Map.

A vehicle, self-propelled or drawn by another vehicle, not for human transportation, the use of which is as mechanical aid or for storage during construction.

An exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports and accessible from an upper-floor window, door or stair system. Raised decks are not considered to be roofs.

A numerical ratio of standard dwelling units per unit or ground area.

One unit, within a multiunit building, containing all the requirements of a dwelling unit except smaller in floor area than the required for a dwelling unit, standard (DUS).

Two or more rooms, detached or with common walls, designed and used as a unit for human habitation and containing facilities for sleeping, a kitchen and a bathroom.

The edges or lower borders of the roof of a structure and excluding the edges from roof decks, which overhang the walls and whose primary purpose is to cast off water that falls on the roof.

A facility which provides diagnosis and treatment services to individuals who are in urgent need of them. An "emergency room facility" shall be open to the public seven days a week, 24 hours a day during any period of the year that it is in operation.

An accessory building, when not attached to the principal building.

The vertical measurement to the highest point of the building or structure measured from the grade of the lot or plot on which the building or structure is located; provided, however, that anything in this chapter to the contrary notwithstanding, that whenever a structure is located in a flood zone regulated by Chapter 453, Flood Damage Prevention, and the roof of such building or structure has a pitch throughout of not less than 5/12, then the property owner may elect to have the height measured from the elevation of the base flood elevation to the highest point of such building or structure.

The vertical measurement of the fence measured from the grade of the lot on which it is situated to the topmost point of the fence or supporting numbers.

Any occupation or activity normally carried on as a professional or commercial enterprise or business, but conducted within and accessory to a private residential dwelling [or its permitted accessory building(s)], provided that the conditions in § 425-28 are met.

A room or area (either in whole or in part) used for cooking and/or food preparation and/or containing any form of cooking facilities and/or food storage facilities such as stoves, countertops for food preparation, ovens, or refrigerators; provided, however, that areas containing a compact refrigerator, coffee pot, microwave, mini-bar, a small two-burner cooking countertop inset, a bar-size sink or similar compact amenities shall not be considered a kitchen.

The interior of a dwelling unit, which may be occupied for living purposes by humans, excluding basements, open decks and attics. Livable floor area does not include an attached garage or any accessory structure and shall conform to the Bethany Beach Building Code for residential occupancy.

All floor area space in a room not including but not limited to stairwells, hallways, columns, closets, toilet rooms, showers and bathrooms.

A required open lot space, located at the rear of a commercial lot.

A unit designed and used for human habitation, within a multiunit building, containing a bathroom, or access thereto, and sleeping facilities, but without a kitchen.

A lot bounded by and abutting two intersecting streets.

The land area of a lot covered by buildings, expressed as a percentage of the total land area of the lot.

The maximum horizontal distance between the front and rear lot lines.

A lot not meeting the area or street frontage requirements of this chapter.

The property line of a lot or plot abutting a public street.

The width of a lot or plot abutting a public street.

A parcel of ground.

An amenity that is required to be provided on site for commercial lodging containing 50 or more standard guest rooms in a commercial lodging structure or complex.

A structure transportable in one or more sections which is eight body feet or more in width and is 32 body feet or more in length and which is built on a permanent or temporary chassis and designed to be used as a standard dwelling unit, with or without permanent foundation, when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein.

A multiunit building containing two or more lodging rooms with on-site management and providing daily housekeeping services.

That portion of the lot that is dedicated to either trees, grass, flowers, bushes, other plantings and/or mulched areas. Mulched areas shall be limited to vegetative ground cover only and not clam shells, decorative stone or other similar hard materials.

A structure or lot, the use of which does not conform to the use regulations for the district in which it is situated.[3]

An area on a lot for temporary storage of a motor vehicle.

Materials that permit water to enter the ground by virtue of their porous nature or by their design using spaces in the installation of the material to allow water infiltration. Examples of permitted pervious materials include sand, gravel, shells, and, when installed per current industry standards or guidelines, permeable pavers, pervious concrete and porous asphalt.

The value of a lot, building or structure as determined from the current Sussex County tax assessment list or by the Sussex County Board of Assessors.

A lot, improved or to be improved by two or more principal buildings, without interior lot lines and with or without a public street or streets, which:

A facility, incorporated or unincorporated, which provides the following types of services on an organized basis to patients not requiring medical supervision for more than 24 hours:

Any land, other than an alley, intended for vehicular passage which is not required to be dedicated as a public street.

Any structure, equipment, or use directly involved in the provision of the following goods or services to the residents and property-owners of the Town or its environs: supply and distribution of electricity or water; telephone, telegraph, cable television, fiber-optic, and/or other communication lines and facilities; collection, transmission, treatment, and/or disposal of sanitary sewage or storm waters; and fire hydrants. "Public utility" shall not include a "wireless communication facility" or an "amateur radio antenna" as defined in Chapter 525 of the Town Code.

Any commercial use or activity (excluding signs or windblown displays) located on or above the roof of any building. For purposes hereof, the "roof" of any building shall mean the topmost permanent covering over any portion of that building supported by permanent enclosing walls on all sides.

A multiunit building containing two or more commercial lodging rooms with or without board (e.g., bed-and-breakfast).

The area within the setback lines.

The interior line of the required yard space on a lot or plot.[5]

A use that may not be generally appropriate throughout the zoning district but which may be permitted by written approval of the Board of Adjustment in specific circumstances and under conditions attached by the Board in order to protect the character of the district in which it is located and in adjacent neighborhoods.

A commercial lodging room with standard accommodations in any configuration of beds or any type of furniture capable of converting into beds or sleeping facilities. For the Commercial Lodging (CL-1) Zoning District, the following conditions apply:

A public way intended for purposes of vehicular travel, including the entire area within the right-of-way, publicly dedicated to and accepted by the Town, the county and/or the state.

That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some manner. The term "structure" shall be construed as if followed by words "or part thereof."

A building or structure, not for human habitation, used for and during construction.

Any conveyance for the transportation or storage of material, goods or equipment but not self-propelled and not for human habitation.

The type of activity carried on within a building or on a lot.

Retail sale or rental of merchandise or services and rental of apartments or commercial lodging rooms.

Human habitation.

Permission from the Board of Adjustment for limited variation from the requirements of this chapter.[6][7]

A required open space on any lot or plot measured horizontally from the lot or plot line to the building setback line and with an unlimited vertical measurement.

The required open space located in the front area of a lot or plot.

The required open space located in the rear area of a lot or plot.

The required open space located in the two side areas of a lot or plot.