Rehoboth Beach City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 270-80 Office of Building Inspector created; appointment; Assistant Building Inspectors.
The office of Building Inspector of the City is continued. The office of Building Inspector shall be filled by a competent person appointed by the City Manager for such term and at such salary and remuneration as the Commissioners of Rehoboth Beach shall determine. Vacancies in the office shall be filled by the appointment of the City Manager. Assistant Building Inspectors may be appointed who shall exercise the same powers as the Building Inspector, subject to review by the Building Inspector.
§ 270-81 Qualifications of Building Inspector.
The person appointed to fill the office of Building Inspector shall be known as the "Building Inspector." He shall be at least 18 years of age, of good moral character and a graduate of a high school or an accredited preparatory school and shall have a thorough knowledge of the trades of building construction and carpentry.
§ 270-82 Enforcement and interpretation of chapter; plot plan.
[Amended 4-16-2021 by Ord. No. 0421-01; 3-11-2025 by Ord. No. 0325-01]
A.
The Building Inspector shall enforce the provisions of this chapter, and shall provide interpretations of this chapter in the site plan and major and minor subdivision application review process. For site plan and major and minor subdivision applications reviewed by the Planning Commission pursuant to Chapter 236, the Planning Commission shall have final interpretive authority in cases where no appeal to the Board of Adjustment is filed. In cases where no appeal to the Board of Adjustment is filed, and the Planning Commission renders an interpretation contrary to the Building Inspector's interpretation, the Building Inspector shall enforce this chapter in accordance with the Planning Commission's final and unappealed Code interpretation.
B.
The Building Inspector shall require that the application for a building permit and the accompanying plot plan shall be submitted in paper form and in digital format acceptable to the City and shall contain all the information necessary to enable him/her to ascertain whether the proposed building or structure complies with the provisions of this chapter. In addition to other necessary data, the plot plan shall show the location of all existing buildings or structures on abutting land within 50 feet of the side or rear of the lines of the premises of the applicant.
§ 270-83 Violations and penalties.
[Amended 11-21-2025 by Ord. No. 1125-02]
A.
Failure to secure a building permit or Board of Adjustment certificate, when required, previous to the repair, remodeling, erection, construction, extension or addition to a building or a structure or failure to secure a certificate of occupancy shall be a violation of this chapter.
B.
For any and every violation of the provisions of this chapter, the owner, agent or contractor of a building or structure or premises where such violations have been committed or shall exist and the lessee or tenant of an entire building or an entire structure or entire premises where such violations have been committed or shall exist and the owner, agent, contractor, lessee or tenant of any part of a building or structure or premises in which part such violation has been committed or shall exist and the agent, architect, builder or contractor or any other person who knowingly commits, takes part or assists in any such violation or maintains any building or structure or premises in which any such violation shall exist shall be liable, on conviction thereof, to the penalties established in the City Schedule of Fees and Penalties.[1] Whenever such person shall have been notified by the Building Inspector or by service of a warrant in a prosecution or in any other way that he is committing such violation of this chapter, each day that he shall continue shall constitute a separate offense punishable by a like fine or imprisonment.
[1]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.
C.
Any building or portion thereof or party or foundation wall hereafter erected or placed upon any lot or premises within the City, in violation of the provisions of this chapter, is hereby declared a common nuisance and shall be abated in the same manner as provided by the Charter of the City for the abatement of any other nuisance.
D.
In case any building or structure is erected, constructed, reconstructed, altered or repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant hereto, in addition to other remedies provided by law, any appropriate action, injunction or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, enjoin, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent such illegal act, conduct, business or use in or about such premises.
§ 270-84 Building permits.
A.
No building permit shall be issued until the Building Inspector has certified that the proposed building or structure or alteration complies with all the provisions of this chapter and all fees have been paid.
B.
No person shall commence work for the erection or alteration of any building or structure until a building permit has been duly issued therefor.
C.
No building permit shall be issued for the use of land or for the erection or extension of a building or structure thereon with respect to which an ordinance to change its zoning classification or use permitted under its existing zoning classification has been advertised for a public hearing until:
(1)
Official adoption or rejection of the ordinance; or
(2)
Expiration of 90 days from the date on which such ordinance was introduced in City Council, whichever first occurs, provided that this section shall not prohibit issuance of a building permit in connection with a use which is not prohibited by the existing zoning classification or the zoning classification set forth in the proposed ordinance. The aforesaid period of 90 days may be extended not more than once for an additional 90 days, provided that such extension of time receives the concurring approval by resolution of the Rehoboth Beach Commissioners by two-thirds vote within 60 days from the date on which such ordinance was introduced in City Council.
§ 270-85 Usual and necessary repairs.
Nothing contained in this article shall be construed or considered as requiring any person to make application for or obtain a permit in order for such person to make usual and necessary repairs to any existing building or structure within the limits of the City. The words "usual and necessary repairs" (i.e., replacing roof, gutters, siding, storm windows, etc.) shall not be construed or considered to include any addition to, or any structural change or alteration in, any such existing building or structure, nor the reconstruction of any such existing building or structure which may be destroyed in whole or in part by fire, storm or other catastrophe. A building permit, however, may be required by other chapters of the Code of the City of Rehoboth Beach.