For the purpose of this chapter, certain terms and words are defined as follows:
ACCESSORY BUILDINGA subordinate building which is totally detached from the main building, located in and occupying not more than 35% of the rear yard; the use of which is incidental to that of the main building and which does not exceed a height of 15 feet above the ground level at the location where it is placed.
ADVERTISING STRUCTUREAny sign, billboard or other object or structure serving primarily for advertising purposes.
ALLEYA public way designed as an alley on the record plat or dedicated as such by deed.
APARTMENTA set of rooms with housekeeping facilities and used as a dwelling for a single family.
[Amended 9-23-2005; 2-22-2013]
APARTMENT BUILDINGAny structure containing two or more apartments; not applicable to mixed use in a building designed specifically for residential use.
[Added 9-23-2005; amended 2-22-2013]
BUILDINGA structure having a roof supported by columns, posts or walls which is utilized for the shelter, support or enclosure of persons, animals or chattels, provided that this definition shall not be construed so as to include a trailer, travel trailer, recreational vehicle or mobile home, irrespective of whether or not the trailer, travel trailer, recreational vehicle or mobile home is mounted on wheels or otherwise supported.
BUSINESSNonresidential activity, employment, occupation, trade, profession or enterprise, whether for profit or not, in which an individual(s) is willing to invest time and/or capital on future outcome.
[Added 2-23-2018]
COMMERCIAL CELL PHONE COMMUNICATIONS FACILITIESA commercial cell phone site or tower where antennas and any related electronic equipment are placed on structures, such as, but not limited to, a radio mast, tower or other raised structure, to increase a cell or cells in a cellular network.
[Added 6-23-2017]
COMMISSIONThe Zoning Commission of the Town of Fenwick Island.
COURTAn open, unoccupied space on the same lot with a building, opening upon a street, alley, yard or setback.
CURB LEVELThe mean level of the established curb in front of the building.
DEPTH OF LOTThe mean horizontal distance between the front lot line and the rear lot line.
DISTRICTArea within a particular zoning classification; a zone.
DWELLING, SINGLE-FAMILY[Amended 7-26-1996 by Ord. No. 77; 6-22-2001; 9-28-2001](1) A building constructed for occupancy as a single-family residence, having:
(a) A living room area, a dining room area and one kitchen for food preparation, individually or in combination; and
(b) A maximum of six bathrooms total, at least one of which must be a half bathroom and which cannot be a full bathroom, as such terms are defined below:
[Amended 12-9-2016]
[1] Full bathroom — Having a sink, toilet and bathtub or shower facilities;
[2] Half bathroom — Having only a sink and toilet with no bathtub or shower facilities; and
(c) Up to eight additional rooms, not including storage, utility or laundry rooms, of which five or less are bedrooms; and
(d) All enclosed living space on no more than two floor levels, not including a ground level used for storage, garage and/or entrance foyer, above a foundation of piling, cement blocks or poured concrete.
(2) This definition shall not be construed so as to include a trailer, travel trailer, recreational vehicle or mobile home, irrespective of whether or not the trailer, travel trailer, recreational vehicle or mobile home is mounted on wheels or otherwise supported.
FAMILYAn individual or two or more persons who are related by blood or marriage living together and occupying a single housekeeping unit with single culinary facilities or a group of not more than five persons living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a non-profit, cost-sharing basis.
[Amended 2-22-2013]
FIXED ITEMSAny items, including but not limited to decks, walkways, boardwalks, sheds and trash enclosures, which are designed to be a permanent part of the property.
[Added 4-25-2014]
FLOOR AREAThe total square footage of all horizontal floor areas of a detached single-family dwelling or other building, including commercial, measured from outside walls or limits, including all enclosed areas and structures located more than 12 inches above ground, including, by way of example and not of limitation, decks, porches, balconies and residential pools. For single-family dwellings, the following areas are excluded from calculation of floor area:
[Added 6-23-2006; amended 2-24-2023]
(2) Enclosed ground level storage areas, entries, foyers, utility rooms and crawl spaces that are below FEMA defined floodplain elevations.
(3) Uncovered ground-level decks and boardwalks.
(4) Unenclosed ground-level spaces that may be under pilings.
(6) Half the area of unenclosed uncovered decks and pools and all the area of unenclosed, uncovered roof-top decks.
FLOOR AREA RATIO (FAR)The percentage obtained by dividing the floor area of a single-family dwelling by the lot area on which it is located.
[Added 6-23-2006]
GARAGE, PRIVATEA garage for storage only with capacity for not more than three motor-driven vehicles, only one of which may be a commercial vehicle.
[Amended 2-22-2013]
GARAGE, PUBLICAny building or premises used for housing or care of more than three motor-driven vehicles, or more than one commercial vehicle, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
[Amended 2-22-2013]
GROUND LEVELAny area not more than 12 inches above the ground as measured from the ground to the top of the finished surface.
[Added 6-23-2006]
HEIGHT OF BUILDINGThe vertical distance measured from the highest point of the crown of that portion of the street or road which is immediately adjacent to and abutting the property on which the building is to be erected to the elevation of the highest point of the building.
HISTORIC RESIDENCEA single-family dwelling, built prior to 1967, which has historical significance to the Town of Fenwick Island.
[Added 4-22-2022]
HOME OCCUPATIONAn occupation in connection with which there is no display (other than signs otherwise herein provided for), that will indicate from the exterior that the building is being utilized in whole or part for any purposes other than that of a dwelling; in connection with which there is kept no stock-in-trade nor commodity sold upon the premises, no person employed other than a member of the immediate family residing in the premises, and no mechanical equipment used except such as is permissible for purely domestic or household purposes.
IMPROVED LOTA parcel, lot, tract or area of land to which any man-made changes or improvements have been made, examples of which include, but are not limited to, the construction of a structure, primary building or accessory building, paving, grading, landscaping, construction of a park and/or the installation of utilities.
[Added 2-23-2018]
LOTA measured portion of land having three or more sides that form an enclosure designated by boundaries as set forth in a plot or survey, and having its frontage on a public street.
LOT AREAThe total square footage of land contained within its legally defined lot lines, excluding any area within any public right-of-way.
[Added 6-23-2006]
LOT, CORNERA lot fronting on two or more streets intersecting at an angle.
[Amended 2-22-2013]
LOT, THROUGHA parcel extending through a block from one street to another.
MECHANICAL EQUIPMENTAny equipment, including, but not limited to, heat pump, hvac system, air-conditioning equipment, emergency generators, or aboveground propane or fuel tanks, used in connection with a residential or commercial building.
[Added 6-23-2017]
MOBILE HOMEA structure which is transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
MOTEL/HOTELA building containing no less than 16 nor more than 65 sleeping rooms occupied by transient persons as guests for compensation on a daily basis. Each motel/hotel building shall include an on-site management and reception area, daily housekeeping services, and a lighted exterior sign identifying the name of the motel/hotel and the vacancy/no vacancy status. Sleeping rooms may be offered individually or in combination in suites.
[Amended 9-23-2005; 12-11-2015]
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or an amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment, by reason of its location.
[Amended 7-26-1996 by Ord. No. 77]
OFFICEA place where business is transacted or a service is supplied. An "office" may be the directing headquarters of an organization or a place in which a professional person conducts his or her professional business.
POOLS, RESIDENTIALAny permanent outdoor recreational structure, including spas and hot tubs, that can contain 24 inches or more in depth of water.
[Added 4-23-2004]
PRIMARY BUILDINGThe main building on a lot; the building in which is conducted the principal use of the lot on which it is located and which, in the Residential Zone, is the residential structure on the lot with the largest gross floor area.
[Added 2-23-2018]
PRIMARY STRUCTUREThat 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."
[Added 2-23-2018]
PROFESSIONAL OFFICE, RESIDENTIAL ZONEA place in which a professional person conducts his or her professional business and which shall be subject to all the same conditions and restrictions as those which are contained within the definition of home occupation listed above.
PROFESSIONAL PERSONThose individuals who are duly licensed by the State of Delaware to practice their occupations and including but limited to physicians, optometrists, dentists, attorneys, architects, surveyors, engineers, insurance agents, accountants, stock brokers, commodity brokers and real estate brokers.
[Amended 2-22-2013]
PUBLIC BUILDINGAny building held, used or controlled exclusively for public purposes by any department or branch of government, state, county or municipal, without reference to the ownership of the building or of the realty upon which it is situated.
RENEWABLE ENERGY SYSTEMEnergy generated from natural resources, such as but not limited to sunlight, wind and geothermal heat, which are renewable (naturally replenished).
[Added 5-29-2009]
RESIDENTIAL WEATHER STATIONBasic weather station that measures wind speed, wind direction, outdoor and indoor temperatures, outdoor and indoor humidity, barometric pressure, rainfall, and UV or solar radiation which is commonly wall-mounted or attached to the roof of a house not to exceed two feet in height above the maximum roof height.
[Added 12-7-2018]
SMALL WIND ENERGY SYSTEMA wind energy conversion system consisting of a wind turbine (rotor, blades, generator, alternator, tail), a tower, and associated control or conversion electronics and which is intended primarily to reduce on-site consumption of utility power.
[Added 8-28-2009]
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between such floor and the ceiling above it, provided that a cellar shall not be considered a "story."
STREETA paved thoroughfare for public access.
[Amended 2-22-2013]
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as but not limited to bearing walls, columns, beams or girders, excepting such alterations as may be required for the safety of the building.
[Amended 2-22-2013]
TOWNTown of Fenwick Island, Delaware.
TOWNHOUSEA single-family dwelling forming one of a group or series of two to four attached single-family dwellings separated from one another by a fireproof party wall(s).
UNINHABITABLE ATTICThe area between roof framing and the ceiling of the rooms below that is not habitable but may be reached by ladder or pull-down stairs/ladder only and used for storage and mechanical equipment.
[Amended 2-22-2013]
VEGETATIVE STORMWATER BUFFERAn area of land maintained in a permanent vegetative state that functions to intercept stormwater runoff. Such buffers must be designed by an engineer who is duly registered and licensed in the State of Delaware.
[Added 7-24-2015]
YARD, REARThe area between the rear line of a building and the rear lot line.
[Amended 2-22-2013]
YARD, SIDEAn open, unoccupied space on the same lot with a building between the building and the side lot lines and extending the complete depth of the lot from the front property line to the rear property line.
ZONEAn area for which the regulations governing the use of buildings and the premises are identical; a district.