Dewey Beach City Zoning Code
ARTICLE III
General Provisions
§ 185-10 Compliance with regulations.
No new building, structure, or land shall hereafter be used and no building, structure, or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered unless in conformity with the regulations as set forth in this chapter.
§ 185-11 Location on lot required.
Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record.
§ 185-12 Encroachment; reduction of lot area.
The minimum yards, height limits, parking space, open spaces, including lot area, required by this chapter for each and every building existing at the time of the passage of these regulations or for any building hereafter erected shall not be encroached upon or considered as required yard or open space for any other building except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations nor any nonconformance be increased.
§ 185-13 Prior construction of accessory building.
No accessory building shall be constructed upon a lot for more than six months prior to beginning construction of the main building. No accessory building shall be used for more than six months unless the main building on the lot is also being used or unless the main building is under construction.
§ 185-14 Prohibited uses.
For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulation of this chapter, uses not specifically listed are prohibited.
§ 185-15 Reference to additional regulations.
Whenever reference is made in this chapter to any other chapter, chart, table, schedule or regulation which itself is not copied herein, a copy of such chapter, chart, table, schedule or regulation shall be kept on file in the Town office, and made available for inspection at the Town office, and shall be accessible through the Town's official website.
§ 185-16 Governmental exemptions.
[Amended 1-11-2014 by Ord. No. 708]
A.
Governmental functions of the United States, State of Delaware, Sussex County and any other federal, state or county agency are subject to the provisions of the Municipal Code of the Town of Dewey Beach. Governmental functions of the Town of Dewey Beach are exempt from the provisions of the Municipal Code of the Town of Dewey Beach except where these functions may be located within the flood-prone areas (including FEMA-designated VE, AE and AO flood zones) as determined by the FEMA maps and designations. Government functions of the United States, State of Delaware, and Sussex County in which the Town of Dewey Beach participates financially and/or contractually are exempt from the provisions of this Code, including but not limited to the functions of water supply systems and sanitary sewer systems.
B.
The provisions of the chapter apply except where these functions are located within the flood-prone areas (including FEMA-designated VE, AE and AO flood zones). In addition to such functions as are deemed governmental, the following shall also be deemed to be governmental: water systems, sewer systems, functions of water and sewer districts created pursuant to 9 Del. C. Ch. 65 and Ch. 67, and solid waste disposal or transfer facilities.
§ 185-17 DNREC building line.
Land area in a recorded lot that lies east of the DNREC building line shall be included in the determination of total areas for density purposes.
§ 185-18 Change of use.
No change of use of a property shall be permitted unless the new use conforms to the regulations of this Code.
§ 185-19 Temporary structures.
Temporary structures are not permitted in any district unless specifically authorized in this code.
§ 185-20 Sewage or wastewater holding tanks.
Holding tanks for sewage or wastewater are prohibited in all districts.
§ 185-21 Smoke detectors and carbon monoxide detectors.
[Amended 3-15-2024 by Ord. No. 834]
A.
Every bedroom and sleeping area in a dwelling, including a single-family detached dwelling or dwelling unit within a multifamily dwelling or mixed-use multiunit building, and every guest room in a motel, hotel, bed-and-breakfast, or other similar provider of temporary accommodations shall be provided with an approved smoke detector that is hard-wired into the building's electrical system and provided with battery back-up as per applicable fire and building codes, and installed in accordance with manufacturer's recommendations. When activated, the detector shall emit an audible alarm. The smoke detectors shall be tested in accordance with and meet the requirements of Underwriters Laboratories #217, Single and Multiple Smoke Detectors.
B.
Any rooms, lodgings, or sleeping accommodations in the Town furnished to transients for consideration, designed or used exclusively for residential occupancy shall require installation of battery-operated or AC-powered carbon monoxide detection devices in accordance with the rules and regulations promulgated by the State Fire Marshal's Office that must include all of the following:
(1)
Single station battery-operated carbon monoxide detection devices listed for the purposes for which they are intended and permitted if both of the following conditions exist:
C.
Carbon monoxide detection devices are not required in a dwelling unit or sleeping unit if any of the following apply:
(1)
A dwelling unit or sleeping unit is located more than one story above or below any story that contains a fuel-burning appliance or an attached garage.
(2)
A dwelling unit or sleeping unit is not connected by duct work or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage.
(Consistent with Chapter 66C, Title 16 of the Delaware State Code)
§ 185-22 Certain gambling prohibited.
B.
Certain gambling prohibited. Except for lotteries as conducted by the State of Delaware and nonprofit charitable gaming as permitted by state law, gambling shall be prohibited within the Town limits.
C.
Certain access to gambling prohibited. Any use of land to provide access or entry to or otherwise facilitate gambling conducted upon the waters of the Atlantic Ocean, the waters of the Rehoboth Bay, or any land adjacent to the Town limits is prohibited in each of the zoning districts identified in the Municipal Code of the Town of Dewey Beach.
§ 185-22.1 Conversion, dedication, or declaration of hotel, motel and/or condominium units to fractional interests or timeshares prohibited.
The conversion, dedication, or declaration of any hotel, motel and/or condominium unit, as defined by the provisions of the Delaware Unit Property Act,[1] within the Town of Dewey Beach to fractional time unit ownership or ownership commonly known as "timeshare interests" is prohibited. Any hotel, motel and/or condominium, declaration of hotel, motel and/or condominium and hotel, motel and/or condominium code of regulations describing or providing for a fractional interest timeshare form of ownership which was filed on record in the Office of the Recorder of Deeds in and for Sussex County as of October 8, 2005, shall not be subject to the prohibitions of this section.
[1]
Editor's Note: See 25 Del. C. § 2201 et seq.