A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building or a structure which does not share a wall in common with the main building. No accessory building can exceed 12 feet in height.

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

A use on the same lot with and customarily incidental to any permitted uses. "Accessory use" shall not include any use that by its nature could result in noise, smoke, dust, smell or unsightliness objectionable in a residential district. In an R-1 and R-1(S) District, excepting legal nonconforming uses existing on the date of this chapter, use of a structure other than the main building on a lot, either in whole or in part, as a dwelling or a dwelling unit is not a permitted accessory use.

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

A room or suite of rooms in a dwelling or other permitted structure designed for use as a residence by a single family.

Facilities for human habitation occupying not more than 51% of the floor area of the entire structure, which facilities are erected over or adjoining or attached to or under the same roof as a private garage, which garage is detached from any other building and is separated from the main dwelling on the lot by at least six feet.

A building designed for and occupied exclusively as a residence for three or more families living independently of one another and which is no more than three stories or 35 feet in height.

A building arranged, intended or designed to be occupied by three or more families living independently of each other.

A building designed for and occupied exclusively as a residence for more than three families living independently of each other and which is no more than four stories or 42 feet in height.

The area under the rafters of a pitched roof to the top of the ceiling joists of the story immediately below.

The floor space, not classified as permanent seated dining area, in any restaurant where alcoholic liquor is served or consumed. It shall include, but not be limited to, the bar counter and the contiguous floor and seating area where alcoholic liquor is dispensed or consumed, any dance floor area and any area occupied by persons providing entertainment. Patron restrooms are specifically excluded.

That portion of a building between the floor and ceiling that is wholly or partly below grade, and having 50% or more of its height below the finished grade at any point on the periphery of the building.

A basement containing a ceiling height of seven feet or more measured from floor to ceiling.

Any given portion of lands in private ownership lying within the corporate limits of the City but in no way intersected by the adjacent lines of any given number of the public roads, avenues, streets, lanes, alleys, ways, parks, beaches, strands, waterways, zoning districts or corporate limits of the City.

An establishment which conforms to the requirements of a restaurant and where beer is manufactured on the premises and which may also make, bottle and sell an alcoholic liquor that is fermented or distilled on the premises when permitted by state law. All fermenting and distilling equipment and processes shall be included as if for the brewing of beer for the purposes of this chapter.

A structure, usually roofed, walled and built for permanent use, as for a dwelling or for commercial purposes.

The aggregate of the maximum horizontal cross-section areas of the buildings on a lot.

A line extending between the two side lot lines of a lot or a parcel of land which is parallel to and a stated distance from a street line, and forming the required front yard.

An establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service of dinner, and where a minor, as defined at 4 Del. C. § 713, is to be denied admission to or permission to remain on the premises after 9:00 p.m., official eastern time, unless accompanied by a parent or by a legal guardian.

An establishment, not a restaurant, where food and liquor is served or consumed.

Any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social gatherings, such as weddings, dinners, benefits, banquets or other similar events, for consideration on a regular basis and duly licensed by the state as caterers, with at least 60% of its gross receipts resulting from the sale of food.

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

The Commissioners of Rehoboth Beach set forth in the Charter of the City of Rehoboth Beach.

An establishment other than a brewery-pub where spirits are manufactured.

An underfloor space that is not a basement and has a vertical measurement not more than 48 inches, measured from the constructed or natural floor to the underside of the floor joists of the floor above.

Any establishment other than a restaurant where dancing by the patrons takes place.

A deck or porch whether covered, uncovered, raised or at grade, used in connection with a restaurant and a part of, abutting, adjacent or adjoining thereto.

An establishment presenting public performances featuring live actor(s) in dramatic or musical productions after the service of a meal.

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

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 building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.

A building for and used exclusively as a residence for only one family and which is one of a group of three or more such buildings separated by party walls.

A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building and no part of such building was formerly used for a cabin, railroad car, trailer, mobile home, relocatable home or houseboat.

A building designed for and occupied exclusively as a residence for only one family and having one party wall in common with an adjacent building.

A two- or three-story building designed for and occupied by two families living independently of each other, with one family living above the other.

A room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. Nothing herein shall permit cooking facilities in any individually rented hotel room, motel room, inn room, tourist home room, rooming house room or boardinghouse room.

A building and facilities used for supplying electricity or gas, or both, or for other business purposes of the electricity-gas utility.

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

A place of amusement which contains a roof and which is enclosed on all sides by a sound barrier.

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

A single person occupying a dwelling unit and maintaining a household or two or more persons related by blood or marriage or adoption occupying a dwelling unit, living together and maintaining a common household, or not more than three unrelated persons occupying a dwelling unit and maintaining a common household.

Federal Communications Commission.

Any artificially constructed barrier of any materials or combination of materials, except for barbed wire and similar materials, erected to enclose or screen areas of land, but not including a wall.

Any natural or synthetic material covering masonry, wood or steel framed floors, including but not limited to carpet, hardwood, vinyl, and tile. Protective epoxy floor coatings are permitted and excluded from this definition.

Any natural or synthetic material covering masonry, wood or steel framed walls, including but not limited to drywall, tile, paneling, plaster, moldings, and trim. Insulation materials with a minimum R-Value of R-10 are permitted and excluded from this definition.

The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls or from the center line of a wall separating two attached buildings, including habitable basements but not including any space where the floor-to-ceiling height is less than six feet, eight inches; subject to the following:

The quotient obtained by dividing the gross floor area of all buildings on a lot by the gross lot area.

A floor or story of a building that is entirely devoted to commercial use and has no living accommodations.

A floor or story of a building, any portion of which is devoted to residential use, such as motel rooms or residential condominiums.

An establishment, not a restaurant, which serves various refreshments, not including alcoholic beverages, for consideration.

That side of a building which faces the street without regard for the principal place of entry. In the case where a building faces intersecting streets (a corner), the side of the building facing the street on which the shorter lot dimension abuts is the front. If the lot dimensions abutting the streets are equal, either side of the building facing a street may be considered the front.

A single-story building without living accommodations accessory to a dwelling and used for the storage of not more than three motor vehicles. In any district the maximum height of the eaves above the abutting grade shall be not more than 12 feet and the highest point on the roof shall not be more than six feet above the eave line. Ornamental embellishments not used for storage shall not be included in determining the height of the highest point on the roof.

A building, not a private garage, used solely for the storage of all types of motor vehicles for consideration.

A partial story under a gable or hip roof, excluding mansard and gambrel roofs, the wallplates of which on at least two directly opposite sides are not more than three feet above the floor of such story (see also definition of "story").

The height of a building measured from a point where the center line of the building to be erected intersects with the center line of the street on which the building will front to the highest point on the roof, its parapet walls or any feature which extends above the roof.

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

A building or structure operated for profit, accommodating more than six persons, providing lodging, food and/or service to the transient traveling public, and may include restaurants, club rooms, public banquet halls, ballrooms or meeting rooms, but the individual living units shall not contain kitchen or cooking facilities.

Accommodation off the street for loading and unloading motor transport equipment and designed to provide adequate space for efficient maneuvering into and out of loading position at properly constructed docks located either within a building or in the yard on the same lot. The minimum space on the premises where such facility is required shall be 576 square feet of usable area for each such berth, which shall be not less than 12 feet in width and 48 feet in length.

A uniquely identifiable parcel, tract or area of contiguous land that is held in common ownership, fronts on one or more streets unless specifically exempted from such requirement in this chapter, is not divided by a street, shall not include any land within the limits of a public or private street right-of-way and is any of the following:

The area of a lot inside the property lines, except that when either a lot is divided by a street or a portion of a lot is in the Open Space (O-1) Zoning District, only the area on the buildable side of the street and the area not in the Open Space (O-1) Zoning District shall be included. The area shall be measured to the street line only.

The gross lot area minus the area of all required setbacks.

That portion of the lot area that is covered by building or structures.

The principal building on a lot, the building in which is conducted the principal use of the lot on which it is located and which, in a residential district, is the residential structure on the lot with the largest gross floor area.

An establishment other than a brewery-pub where beer, mead or cider is manufactured or sold in a quantity not more than the maximum amount permitted by federal regulations to qualify for a reduced rate of tax for certain brewers.

As applied to buildings, means the inclusion within a building of both commercial and residential use.

A movable or portable dwelling constructed to be towed on its own chassis, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or of two or more units separately towable but designed to be joined into one integral unit.

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

That portion of the gross lot area that is dedicated to either trees, grass, flowers, bushes, other plantings and/or mulched areas. For the purposes of calculating natural area, mulched areas shall be limited to the use of vegetative ground covers and shall not include the use of clam shells, decorative stone or other similar hard materials.

Install a new wireless support structure where none exists and to attach wireless facilities on the new structure.

An establishment open for business in the evening and early morning hours which is not a restaurant but at which entertainment is provided and food or alcoholic beverages are served or consumed.

Wireless communications facilities located or co-located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF. This definition excludes any installation constituting a small wireless communications facility.

Any porch attached to the outer wall or walls of a building and which on its other side or sides is entirely open to light and air, from the floor to the ceiling. The opening(s) may be interrupted by any or all of the following:

Any area privately owned which is used for the storage of motor or other vehicles, not in excess of 24 hours' continuous storage and which is used for more than four vehicles.

The floor space in any restaurant or dinner theater where complete meals are served. A permanently marked dance floor may be located in the permanent seated dining area, but the square footage of its floor space shall not be included in the calculation of the square footage of the permanent seated dining area, but rather shall be included in the calculation of the square footage of the bar area.

Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited-liability companies, corporations and other entities established pursuant to statutes of the State of Delaware, provided that "person" does not include or apply to the City, or to any department or agency of the City.

An area for rides, games, slides, merry-go-rounds or where more than five coin-operated games or amusement devices, such as pinball machines or similar electro-mechanical devices are located, in one structure or location, but does not include theaters, miniature golf courses or restaurants.

The publication in a newspaper of general circulation in the City of Rehoboth Beach, at least 15 days prior to the hearing, advising the public of the time and place of the hearing.

A movable or portable dwelling designed and constructed without a carriage or hitch. It is designed and constructed to be separated from its foundation and utilities and relocated.

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment that does not result in increased wind or structural loading, is substantially similar in size and weight as the wireless communications facilities initially installed, and that does not substantially change the physical dimensions of the existing wireless support structure.

An establishment where meals are, for compensation, prepared and served on the premises and when alcohol is sold or consumed complies with § 270-19.

A structure designed and constructed to resist the lateral pressure of soil when there is a desired change in ground elevation that exceeds the angle of repose of the soil.

Any natural or cultivated vegetation and/or artificially constructed barrier which serves to visually shield or obscure one abutting or nearby structure or use from another, but not including a wall.

An impervious surface parallel to a street between a curbline and a property line, or from a driveway to an entry, or from a front property line to an entry, or between an exterior entry from a primary structure to an accessory structure, intended for use by pedestrians to the exclusion of vehicles. Sidewalks between the curbline and the adjacent property line parallel to a street or other way shall have a minimum width of five feet and shall have a maximum width coinciding with an adjoining sidewalk, except that where there is no adjoining sidewalk, the maximum width shall be seven feet. All other sidewalks shall have a maximum width of three feet, except that a sidewalk leading to a main entry shall not be more than five feet wide; however, within three feet of the main entry or steps leading to the main entry, it may be as wide as the main entry or the steps leading to the main entry. All other walkway areas, including, but not limited to, walkways around pools and mazes through gardens, shall be considered structures.

The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.

A wireless communications facility that meets the following criteria:

The permission or approval granted by the Board of Adjustment, in situations where provisions therefor are made by the terms of this chapter.

Camouflaging or screening methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in a manner appropriate to the site's context and surrounding environment. Such methods include, but are not limited to, architecturally screened roof-mounted antennas building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above it. For the purposes of determining the number of stories specified in Article III of this chapter, the following shall apply:

A public right-of-way which provides a means of public access to the abutting property.

The line of a dedication in the case of a dedicated street, avenue, lane or alley of the City, and a line 10 feet each side of the center line in the case of a private road.

Anything constructed or erected, including any part thereof, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, house trailers, mobile homes, relocatable homes, signs, swimming pools, swimming pool pumps, filters and equipment, porches, balconies, decks, canopies, fences, backstops for tennis courts, pergolas, gazebos, heating, ventilating and cooling devices, compressors or pumps and showers, and excluding driveways and sidewalks.

A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

An establishment provided with special space and accommodations and operated primarily for the sale by the glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object.

Any establishment with special space and accommodations for the sale by the glass and for consumption on the premises of beers.

A building and its equipment erected and used for the purpose of facilitating transmissions and exchange of telephone messages between subscribers and other business of the telephone company. In a residential district, a telephone central office shall not include public business facilities, storage of materials or trucks, repair facilities or housing of repairmen.

A dwelling or structure or part thereof used to provide sleeping accommodations, with or without meals, for compensation, for no more than six persons.

Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. This definition excludes any installation constituting a small wireless communications facility.

Every vehicle, as that term as defined in § 92-1, without motive power, designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle; including but not limited to boat trailers, camping trailers, office trailers, house trailers, and vehicles designed and used for site preparation, construction, or installation of materials used in construction.

Any area privately or publicly owned in which space is rented or leased to owners or possessors of trailers drawn by motor vehicles of all types.

An area containing one or more parking spaces and travel lanes, used as a lot or garage for the parking or movement of motor vehicles where no parts of the parking structure, except accessways, are above sidewalk level or above the undisturbed ground level of adjacent properties.

Ground at its natural elevation and ground the level of which has not been disturbed by excavation or fill.

Transmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.

An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way or other City-owned land or property.

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).

An unoccupied space open to the sky on the same lot with a building or structure.

The required unoccupied space extending along the street line of any street on which the lot abuts. (See definition of "front.")

The required unoccupied space extending along the rear lot line, not a street line, through the whole width of the lot.

The required unoccupied space between the side lot line and a straight parallel line within the yard extending from the front yard to the rear yard and the width of which space is the minimum distance between the side of the main building or any permitted projection thereof and the side lot line.