Bethany Beach City Zoning Code
ARTICLE IV
General Provisions
§ 425-7 Number of principal buildings restricted.
[Amended 4-15-1983 by Ord. No. 114; 3-16-2007 by Ord. No. 423]
Within residential districts, no more than one principal building with its customary nonhabitable accessory buildings may occupy or be constructed upon any lot of record, except in the case of a Planned Residential Development, as defined within this chapter.
§ 425-8 Reduction in lot area.
[Amended 8-17-1990 by Ord. No. 251]
No lot of record, whether created by the subdivision of an existing lot or by the subdivision of acreage, shall have an area less than that required for a single standard dwelling unit structure in the district in which it exists.
§ 425-9 Alterations in property lines.
No property, lot, plot or street line shall be made, changed or altered unless approved, in writing, by the Bethany Beach Planning and Zoning Commission[1] in accordance with the provisions of this chapter.
[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.”
§ 425-10 Accessory buildings.
[Amended 4-18-1986 by Ord. No. 169; 3-16-2007 by Ord. No. 423]
All accessory buildings shall be located within the rear yard space on a lot or plot on which a principal building or structure is erected or is being erected and shall be limited to three in number, including any detached garage. Accessory buildings shall comply with all safety and structural requirements set by the Bethany Beach Building Inspector. No accessory building or projection thereof shall be less than five feet from a property line.
§ 425-11 Street access.
[Amended 9-21-1984 by Ord. No. 140; 12-9-1988 by Ord. No. 215]
A.
No building shall be constructed on any lot which does not have the required minimum frontage on a public street.
C.
All alleys and private ways shall be connected directly to one or more public streets.
D.
Any recorded lot existing of public record in the Recorder of Deeds' office in and for Sussex County, Delaware, as of December 18, 1988, whose sole means of access is by a public alley or by a private easement also of public record as of December 18, 1988, shall be exempt from the provisions of Subsections A, B and C of this section.
§ 425-12 Interference with traffic control devices unlawful.
[Amended 8-19-2011 by Ord. No. 467]
In any district, no structure, tree, planting or vehicle shall protrude from any property, create confusion around, obstruct vision or otherwise interfere with traffic control devices.
§ 425-13 Vision clearance at street intersections.
[Amended 8-15-1997 by Ord. No. 316; 8-19-2011 by Ord. No. 467]
A.
No fence, building, structure, planting, vehicles or other obstruction above a height of three feet shall be permitted within 10 feet of the intersection of the right-of-way lines of two streets.
B.
No fence, building, structure, planting, vehicles or other obstruction above a height of three feet shall be permitted within seven feet of any alley and street right-of-way located in the C-1 Zone.
§ 425-14 Lots fronting on two or more streets.
[Amended 3-16-2007 by Ord. No. 423]
On lots or plots fronting on two or more streets, the front, rear and side yards shall be designed and shown on the required plot or plat at time of application for a building permit. Front and rear yards shall comply with this chapter; side yards fronting on a street shall be no less than 15 feet, measured from the street right-of-way line to the building setback line.
§ 425-15 Public utility buildings and structures.
Public utilities buildings and structures are permitted in any district by and subject to the terms of a special exception granted by the Board of Adjustment.
§ 425-16 Regulation of perimeter fences.
[Amended 7-21-1989 by Ord. No. 225; 11-17-1989 by Ord. No. 235; 9-17-1993 by Ord. No. 282; 6-15-2012 by Ord. No. 479; 10-16-2016 by Ord. No. 519; 2-19-2021 by Ord. No. 567]
A.
Purpose. The purpose of these regulations is to establish criteria for the location, appearance and maintenance of perimeter fences. The Town of Bethany Beach recognizes the health, safety, aesthetic and economic value of fences. The provisions of these regulations are intended to:
(1)
Allow for on-site areas for privacy, while maintaining the Town's general open design along streets, alleys and private ways;
(2)
Provide screening and mitigation of potential conflicts between active (commercial and recreational) areas and more passive (residential) areas;
(3)
Maintain the overall aesthetic conditions within the Town;
(4)
Limit sight line obstructions;
(5)
Prevent conflicts involving the Town's right-of-way and stormwater management issues;
(6)
Insure proper fence construction and maintenance.
B. APPROPRIATE FENCE MATERIALS FENCE(1) (2) HEIGHT LEGAL NONCONFORMING FENCE OPACITY RETAINING WALL SCREENING
Definitions. As used in this section, the following terms shall have the meanings indicated:
Fences must be constructed of wood, metal, bricks and/or masonry, plastic or other materials designed for permanent outdoors fencing. Wood fences must be constructed of cedar, redwood, or other decay-resistant wood. Fences must not be constructed from razor wire, chain linked, snow fencing, plywood, or materials used for other purposes. Any above ground fences that conducts an electric current or any guard wall, or other forms of protection upon which any spike, nail, or pointed instrument of any kind is fixed, attached or placed shall not be permitted. Electrically wired in-ground "invisible" pet containment systems are not considered fences and therefore are not subject to these fence regulations.
A barrier, including one for noise attenuation, or any structure, except a structural part of a building, that wholly or partially screens from view, encloses or divides a yard or other land, or marks or substantially marks the boundary between adjoining land. A fence is further defined as any permanent partition or barrier more than 24 inches in height from the natural grade (inclusive of the height of any retaining wall upon which a fence is located) bordering or parallel to and within five feet of a lot line that in whole or in part defines the boundaries of the lot.
A trellis, arbor or landscaping material such as a hedge shall not be considered to be a fence. Fences located within the interior of a lot which does not serve to define a lot boundary, such as, but not limited to, fences that enclose dog runs, play areas, pools and spas (see § 500-7, Barrier requirements.) tennis courts, etc. are not subject to these fence regulations except for any portion of such fence that borders or is parallel to and within five feet of a lot line.
Fence height is determined by the vertical distance measured from the natural grade of the ground at the location where the fence is erected (including the height of a retaining wall if a fence is placed on the retaining wall) to the top of the fence section or panel. Fence supports such as posts, columns, piers or pilasters, as well as gates may exceed the height restriction contained in this Fence Ordinance by not more than eight inches. In cases where the top of the fence section or panel is curved, the height shall be calculated using the average of the highest and lowest points on the top of the fence section or panel.
Any existing fence that was legally installed that does not conform to the requirements of this section shall be considered legal nonconforming. Fences erected prior to January 1, 2012, that do not conform to the requirements of this section shall be considered to be legal nonconforming fences.
The degree to which light or views are blocked and is measured perpendicular to the fence for each fence section between the fence supports.
A wall or terraced combination of walls used to provide a barrier or to restrain lateral forces of soil or other material and not used to support, provide a foundation for, or to provide a wall for a building or structure.
A method of visually modifying the view of a structure, a building, or a feature using methods such as fencing, walls, berms, densely planted vegetation or a combination of these methods.
C.
Requirement of a fence permit.
(1)
A fence permit is required and shall first be obtained from the Building Inspector of the Town of Bethany Beach for any perimeter fence two feet in height or more. The Town of Bethany Beach is exempt from all provisions in § 425-16.
(2)
The following items are required at the time of applying for a fence permit:
(a)
Contact information, including the applicants name, phone number and address.
(b)
A detailed plot plan that indicates property lines with the plot plan noting the location of the proposed fence as well the location of the primary structure on the plot plan as it relates to the property line.
(c)
The application for a fence permit must also note the height of the fence and gates, a representation of the style/design of the fence and all materials used to construct the fence, gates and posts.
(d)
The fence contractor must have a valid Bethany Beach business license.
D.
Regulation of perimeter fences in residential zoning districts.
(1)
Fences bordering a front lot line. Fences located in the required front yard shall not exceed three feet in height.
(2)
Fences bordering side lot line. No fence or portion of a fence bordering or parallel to a side lot line shall exceed four feet six inches in height, and any portion of a fence bordering a side lot line which is within two feet of a front lot line shall be graded to match the height of any fence bordering the front lot line.
(3)
Fences bordering the rear lot line. No fence or portion of a fence bordering or parallel to a rear lot line shall exceed four feet six inches in height.
(4)
Fences bordering side or rear lot lines where the entire length of the side or rear lot lines immediately abuts the zoning districts that are nonresidential (C-1, CL-1 and C-2) or Municipal, Open Space, Recreational and Educational (MORE) Zoning Districts may be increased to a maximum of six feet.
E.
Regulation of perimeter fences in nonresidential zoning districts. The height of perimeter fences located in nonresidential zoning districts including fences erected by the Town of Bethany Beach in the MORE Zoning District shall not exceed six feet in height except as necessary for athletic facilities.
F.
Regulation applicable to all perimeter fences.
(1)
All fences including fence footings are permitted up to but not over the owner's property line.
(2)
Fences should follow the natural contours of the ground.
(3)
Fences may not be placed on or extend into Town easements/rights-of way where public improvements are located without first obtaining an encroachment agreement from the Town.
(4)
Fences constructed within Bethany Beach and/or public utility easements may be removed to allow access for installation or maintenance of utilities and/or drainage. The property owner shall be responsible for the reconstruction and replacement on any fences removed.
(5)
Fences placed on corner lots must maintain a clear view triangle for visibility at the intersection of two streets or at the intersection of an alley and a street. The fence section considered to be located on the side and fronting on a street or alley must be reduced in height to no more than three feet (same as the fence on the front property line) for a distance of three feet from the corner.
(6)
Fences and walls shall not restrict natural surface drainage nor be constructed to divert or channel water flow with increased velocity.
G.
Retaining walls. Retaining walls exceeding four feet in height, whether terraced or not, shall be designed and constructed to support lateral loads and shall be accompanied by design calculations and plans sealed by a professional engineer registered in the State of Delaware.
H.
Maintenance.
(1)
Every person or business that owns a fence shall maintain the fence in a "good state of repair." Routine maintenance such as painting or replacement with in-kind material of less than 50% along any property line does not require a fence permit. Replacement of 50% or more of the length of a fence along any property line shall be considered a new fence and must obtain a fence permit.
(2)
For purposes of this section, "good state of repair" shall mean:
(a)
The fence is complete, structurally sound, plumb and securely anchored;
(b)
Protected by weather-resistant materials;
(c)
Fence components are not broken, rusted, rotten or in a hazardous condition;
(d)
All stained and painted fences are maintained in a visually appealing manner;
(e)
The fence does not present an unsightly appearance deleterious to the abutting land or neighborhood;
(f)
Graffiti shall be removed immediately upon notification.
I.
Ornamental additions permitted.
(1)
An arbor may be added to any length of fence or may stand alone up to but not over the owner's property line. An "arbor" is defined as a structure that is attached to a fence panel at the side or is freestanding and serves to define a gate or entranceway located in the front, rear or side yard. Arbors may be a maximum of eight feet in height, eight feet in width and have a maximum depth of 30 inches. An arbor is limited to one per lot line. Regulations regarding corner lots shall also apply.
(2)
A trellis may be added to any length of fence or may stand alone up to but not over the owner's property line. A "trellis" is defined as a structure made of open latticework designed and intended to support the growth of vines or other vegetation. A trellis up to 1.5 additional feet in height to a maximum of six feet may be added as a separate detached decorative element to a fence line so long as the combined length of the trellis(s) constructed facing a property line do not exceed 25% of the total length of the fence.
(3)
Lattice or latticework may be added to any fence, arbor or trellis and is defined as a framework of cross wood, metal or vinyl strips or a predominantly open framework of wood, metal or vinyl designed for decorative purposes or landscape purposes. The use of lattice is not intended to add height to any fence, arbor or trellis over the maximum height permitted.
§ 425-17 Temporary structures and trailers.
[Amended 9-15-1989 by Ord. No. 229]
B.
Temporary structures or trailers used only in connection with and during construction and located on the property on which construction is being done shall be permitted. These structures or trailers are to be used during hours of construction only and are not to be used for habitation or in the sale or rental of the dwelling units under construction or after the certificate of occupancy has been issued. These structures or trailers shall be removed from the property prior to the issuance of the final certificate of occupancy.
C.
Trailers six feet or less in width and 25 feet or less in length, designed and used for the purpose of holding or transporting pleasure boats, are permitted.
§ 425-18 Parking and storage of construction vehicles.
Construction vehicles may be parked or stored subject to the following conditions:
§ 425-19 Construction on public property.
Materials, methods of construction, hours and time for construction for the Town of Bethany Beach or conducted on public property shall be under the direct control and supervision of the Town Manager.
§ 425-20 Mobile homes.
Mobile homes shall not be used for habitation within the Town of Bethany Beach.
§ 425-21 Classification of use.
[Amended 8-17-1990 by Ord. No. 251]
The principal use within a building or structure shall be the use classification of that building or structure. For the purpose of this chapter, standard dwelling units shall be classed as a residential use. The sale or rental of merchandise and services and the rental of apartments or lodging rooms shall be classed as a commercial use. Rental of standard dwelling units shall not be considered a commercial use and shall be permitted in all zones.
§ 425-22 Minimum livable floor area.
[Amended 8-17-1990 by Ord. No. 251; 3-16-2007 by Ord. No. 423]
All buildings or structures erected or altered and used for human habitation shall conform to the following minimum livable floor area:
A.
A standard dwelling unit shall have no less than 800 square feet of living floor area, excluding basement, attached garage and open deck.
B.
An apartment shall have no less than 350 square feet nor more than 799 square feet.
C.
A commercial lodging room shall have no less than 200 square feet of livable floor area.
[Amended 5-17-2013 by Ord. No. 489]
D.
A commercial lodging room within the CL-1 Zoning District shall have no less than 200 square feet of livable floor area.
[Added 8-16-2013 by Ord. No. 498]
§ 425-23 Outdoor displays of merchandise.
[Amended 9-15-1989 by Ord. No. 227]
Display of merchandise outside a building is prohibited except in the C-1 Zoning District and C-2 Zoning District. Yard sales and produce stands are exceptions to this section and are permitted only by written permission from the Town Manager under restrictions that may be applied for traffic and nuisance control.
§ 425-24 Restoration or removal of damaged or destroyed buildings or structures.
Any building or structure which is destroyed or damaged by fire, explosion, natural catastrophe or act of God to an extent that, in the judgment of the Building Inspector, the building or structure is nonhabitable or a hazard to public health or life or safety shall be removed from the premises or restoration begun within 180 days of the date of destruction or damage.
§ 425-25 Oceanfront building and bulkhead setback lines.
A.
Setback lines for structures or facilities, including but not limited to buildings and bulkheads, situated on the beach area between Atlantic Avenue and the ocean within the corporate boundaries of the Town shall be as set forth in Table I attached hereto.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
B.
No person shall commence or conduct construction, reconstruction or alteration of any structure or facility landward of the setback line without first having obtained a building permit.
C.
No person shall commence or conduct construction, reconstruction or alteration of any structure or facility seaward of the setback line without first having obtained required permits from all appropriate agencies.
[Amended 3-16-2007 by Ord. No. 423]
D.
Notwithstanding the foregoing requirements, ordinary dune maintenance, as determined by the Building Inspector, including but not limited to the proper installation of sand fences and the planting and fertilization of stabilizing vegetation, shall not require a building permit.
[Amended 3-16-2007 by Ord. No. 423]
E.
If the Town and/or DNREC finds that the potential for damage to the aforesaid beach area is increased as a result of the proposed structure or facility, the Town and/or DNREC may require the applicant to comply with certain conditions and requirements to reduce such damage, including but not limited to beach nourishment, dune construction and dune maintenance. When the Town and/or DNREC imposes such conditions and requirements, the applicant and his or her heirs and assigns shall be required to comply with such conditions and requirements for the life of the structure or facility. In the event that such conditions and requirements are not complied with within a reasonable time after notice thereof to said property owner, the Town shall have the further and additional right and power to expend whatever sums of money are required to achieve compliance therewith, and the Town shall thereafter have a lien against said property so affected for all such sums of money expended by the Town in connection therewith.[2]
[Amended 3-16-2007 by Ord. No. 423]
§ 425-26 Residential bulk density in R-1 and R-1B Districts. [1]
[Added 10-21-2016 by Ord. No. 526]
A.
Findings; purpose; intent.
(1)
The Town Council of Bethany Beach has determined that it is necessary to regulate the bulk density of residential buildings in the R-1 and R-1B Zoning Districts in order to fulfill the intent of Chapter 425, Zoning, of the Town Code, as set forth in Article I, § 425-1. That section provides that Chapter 425, enacted in accordance with the Town's Comprehensive Plan, is designed to, among other things:
(a)
Preserve, as far as reasonably can be done, the present unique character of Bethany Beach as a family beach resort.
(b)
Promote health and the general welfare.
(c)
Provide adequate light and air.
(d)
Prevent the development of undesirable noise and other nuisances, as well as the overcrowding of land.
(e)
Avoid undue concentration of population.
(2)
The Town Council has identified a trend toward construction of large, box-shaped residential buildings, which raised a number of serious concerns. For example, some buildings may be considered inconsistent with the historic character of Bethany Beach as a family beach resort; incompatible with the residential homes in the surrounding neighborhood; and may block light and air flow to adjacent homes. In addition, a number of such large buildings concentrated on a street can create an unattractive high-wall "canyon effect" that is inconsistent with some purposes of § 425-1 of this chapter and incompatible with other homes in the surrounding neighborhood.
(3)
In order to fulfill the intent of Chapter 425 and address the trend and concerns described, new residential buildings and major renovations should incorporate structural elements that are consistent with the best architectural elements that characterize the particular neighborhood involved. Elements to consider in the review of architectural plans include mass, bulk, scale, building height, rooflines, wall planes and lot coverage. Definitions of terms are provided below in § 425-26B. In addition, building height should be in proportion to the size and style of the house and to the size of the building lot, as well as compatible with the surrounding homes.
(4)
In order to encourage the incorporation of desirable architectural features in plans for new construction and major renovations and balance the interests of property owners, a system of tradeoffs, or construction options, should be created. The tradeoff system described and illustrated in § 425-26C and the related charts below are designed to provide a range of construction options for planning purposes, depending upon the lot coverage of a building.
(5)
The Town Council has further determined that this section shall apply only in the R-1 and R-1B Residential Zoning Districts, where the greatest impact of massing, bulk and scale of new residential projects was found. This is due to factors such as greater density, narrower lots, and lower grades requiring houses to be elevated to meet flood regulations. Residential bulk density is not an issue in the R-2 Residential Zoning District, because the minimum lot size in that district is significantly greater than the size of lots in the R-1 and R-1B Districts, the great majority of which are located east of Coastal Highway (Delaware Route 1).
(6)
Finally, the Town Council has determined that this section will take effect one year from the date of adoption by the Town Council.
B. BULK BULK DENSITY DORMER EXTERIOR WALL PLANE FORM
GAMBREL ROOF
HALF STORY HUMAN SCALE MANSARD ROOF
MASS MASSING
RESIDENTIAL ADDITION ROOF SUN DECK (WIDOW'S WALK) ROOF, MAIN SCALE SIZE STORY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Bulk is a subjective term for the part or parts of a building's mass, which constitute(s) the largest general shape or shapes of a building.
A numerical ratio of standard dwelling units per ground area especially how it relates to the size and scale of the existing dwelling units that comprise an established neighborhood.
A framed structure, either gable, shed or eyebrow style, which projects from a roof and has its own roof and sides. No part of a dormer shall extend above the ridge height of the roof from which it projects.
A flat two-dimensional exterior surface of a structure with the requirement of having a minimum of two separate wall planes that are separated by some distance. (See examples on the trade-off charts).[2]
The exterior shape of a building's mass.
 |
A gable roof with two slopes on each side and the lower slope being steeper.
 |
A half story is that space that is between the floor below and the pitched roof above. There is no floor or attic above it. A half story commonly makes use of knee walls with a minimum of five feet for the sloped surfaces under the roof to enclose the space.
The aspect of architecture in which its elements are in proportion to the average human.
A roof having two slopes on all sides with the lower slope steeper than the upper. Mansard roofs and roofs greater than a 12/12 pitch (45°), are considered as a vertical wall enclosing a living space.
 |
The three-dimensional bulk of a residential building: its height, width and depth.
The composition and shape of a residential building's mass.
 |
New construction that increases the size and/or footprint of the house.
Decks located above 25 feet from grade or base flood are limited to a size not to exceed but be an addition to 10% of the total roof area.
The main roof is the principal roof structure covering the majority of the residential building. The main roof can be made up of several components such as intersecting gables.
A residential building and its details, including: garage doors, pedestrian entries, windows, plate heights and balconies as they relate to human-scale proportions. Scale also involves a residential building's mass and bulk and the residential building's details proportionately compared with other residential structures in a neighborhood.
The length and height of a residential structure or its elements with a reference to a definite unit of measure.
A story is a space in a residential building between two adjacent floor levels or between a floor and the roof. For elevated residential structures, the space that is used primarily for parking cars and storage is not considered to be the first floor of the structure. If the top floor of a residential building is roofed by a dormer(s) that covers 50% or more of floor area it is considered to be a full story. Floor area under a gambrel or mansard roof is also considered to be a full story.
[2]
Editor's Note: Said charts are included as attachments to this chapter.
C.
Tradeoffs.
(1)
In Residential Zoning Districts R-1 and R-1B, currently the Town's Zoning Code permits the construction of large homes with minimal restriction on building lots that on average measure only 5,000 square feet in total area.[3] Incorporating the concept of tradeoffs as part of the Town's Zoning Code for the first time offers a positive approach to the design of future homes as a means of obtaining desirable architectural features that works to all stakeholders' advantage. An example of architectural features that would be considered desirable include such items as dormers, open porches and decks, reduction in lot coverage, steeper roof pitches, less flat planes as well as greater variation in planes.
(2)
The tradeoffs are summarized in the following chart.[4]
[4]
Editor's Note: Said chart is included as an attachment to this chapter.
(3)
The following diagrams[5] illustrate the positive impact that the tradeoffs have on both interior lots as well as corner lots starting with the current maximum building lot coverage of 40% as compared to maximum building lot coverages of 38%, 36% and 32%, respectively.
[5]
Editor's Note: Said diagrams are included as attachments to this chapter.
(4)
Attached are photos of new construction in Bethany Beach that clearly demonstrate the benefits of architectural diversity that can be achieved and enhanced by the addition of tradeoffs to the Town's Zoning Code.
 |
 |
 |
 |
§ 425-27 Exterior design requirements for residential buildings.
[Added 2-10-2006 by Ord. No. 405]
A.
Front wall planes. The wall of any residential building (single-family, duplex, or multifamily dwelling unit, and in any zoning district) facing any street shall have a minimum of two wall planes with a minimum difference between planes of two feet, one of which planes must be not less than 25% nor more than 60% of the square footage of that wall.
B.
Covered pilings. The perimeter pilings supporting any residential building (single-family, duplex, or multifamily dwelling unit, and in any zoning district) shall be covered or enclosed from the ground to the top of the lowest supporting beams using exterior materials.
C.
Ground covering permitted on residential lots.
[Added 4-14-2023 by Ord. No. 559]
(1)
In all Residential Districts, except for natural areas, all open air ground covering, including but not limited to new and substantially improved driveways, parking areas, walkways, at-grade decks, and patios, shall not exceed the maximum ground coverage as shown in the table below. "Substantially improved" shall mean an existing ground covering is to be more than 50% replaced/repaired or resurfaced. Ground covering shall be limited to the following:
Example: R1 5,000 SF Lot | |||
|---|---|---|---|
Option 1 All Pervious | Option 2 Hybrid (50/50) | Option 3 All Nonpervious | |
Max. ground coverage | 30% (1,500 SF) | 20% (1,000 SF) | 15% (750 SF) |
Pervious | 30% | 10% | - |
Nonpervious | - | 10% | 15% |
Pools/spas | 4% | Included in nonpervious | Included in nonpervious |
(2)
Alternative path. In the event that existing ground coverage exceeds the allowable area indicated in the table above, and additional coverage is desired, the Building Inspector shall review and make a determination on alternative signed/sealed solutions developed by a licensed civil engineer and/or landscape architect.
§ 425-28 Home occupations; home businesses. [1]
A.
Conditions.
(1)
The occupation or activity shall be clearly incidental and secondary to the residential use of the property such that it does not change the essential character of the residential use.
(2)
The occupation or activity shall be such that it renders the dwelling [and permitted accessory building(s)] indistinguishable from residential properties with no home occupation/home business use.
(3)
The person(s) engaged in the home occupation/home business must reside in the dwelling in which it is conducted.
(4)
Not more than one home occupation/home business shall be permitted for any dwelling.
(5)
Not more than one person, other than the permanent residents of the dwelling, shall be engaged, on the premises, as an employee or unpaid volunteer in the conduct of the home occupation/home business.
(6)
There shall be no display of products or storage of materials on premises such as would distinguish the premises from other residential properties with no business use.
(7)
There shall be no signs associated in any way with the home occupation/home business displayed on the premises that are viewable from anywhere off the premises, except as otherwise authorized under Chapter 530.
[Amended 8-19-2011 by Ord. No. 467]
(8)
No on-street parking shall be permitted for any motor vehicle in conjunction with or as a result of the home occupation/home business conducted on the premises other than the motor vehicles owned by or in the possession of the permanent residents of the subject premises. Motor vehicles permitted to park on the premises in conjunction with or as a result of the home occupation/home business shall be limited to the number of vehicles which may be reasonably accommodated in the parking area and premises.
(9)
No equipment or machinery shall be used and no activity shall be engaged in the conduct of the home occupation/home business which causes noise, vibration, smoke, dust, odor, heat, glare or electromagnetic interference off the premises to such a degree that it reasonably disturbs the peace, comfort and repose of abutting properties and/or the neighborhood in which the subject premises is located.
(10)
Every home occupation/home business shall be conducted entirely within the dwelling or permitted accessory building(s). The total area used to accommodate the home occupation/home business shall not exceed 25% of the total gross floor area of the principal dwelling. No structural alterations or enlargements shall be made to the dwelling (or any accessory building) for the primary purpose of conducting the home occupation/home business.
(11)
No deliveries of equipment, supplies, products or other materials used or consumed in the home occupation/home business activity shall be permitted except between the hours of 8:00 a.m. and 7:00 p.m. Only vehicles of the type and size normally engaged in residential deliveries may be used.
(12)
No home occupation/home business shall be conducted until a home occupation/home business certificate has been approved by and filed with the Town Office.
B.
Any property owner or resident located within 500 feet of any home occupation/home business may file any complaint, challenge or other dispute concerning that home occupation/home business with the Town Building Inspector who shall schedule a meeting with the interested parties on not less than 15 days' prior written notice, to hear, arbitrate and decide the matter. The Building Inspector shall prepare a brief written decision and order which may, among other outcomes, dismiss the complaint, impose conditions upon the home occupation/home business reasonably calculated to resolve the problem complained of or order the cessation of the home occupation/home business where it is determined that it is not within the definition and conditions set forth above or that the operator of the home occupation/home business has knowingly failed to comply with any prior corrective order.