South Bethany City Zoning Code
ARTICLE IV
General Provisions
§ 145-4 Principal buildings permitted.
Within residential districts, no more than one principal building may occupy or be constructed upon any lot.
§ 145-5 Reduction in lot area.
§ 145-6 Accessory buildings.
§ 145-7 Street access.
No building shall be constructed on a lot which does not have the required minimum frontage on a public street.
§ 145-8 Interference with traffic signals.
Outdoor advertising signs, structures, shrubs or trees shall not protrude from any property over any street or create confusion around or otherwise interfere with traffic signals or other traffic signs.
§ 145-9 Vision clearance at corners.
[Amended 3-13-2020 by Ord. No. 198-20]
Fences, plantings or other visual obstructions above a height of three feet shall not be permitted within the sight triangle. The sight triangle shall be established by measuring from the edge of the pavement of intersecting streets 20 feet to the right of a stopped vehicle and 10 feet towards the rear of a stopped vehicle. The connection of those two lines will form the sight triangle. (Refer to Diagram 145-9.1 below.) Protective walls erected along Ocean Drive to block water incursion during flooding events, that predate the approval of this section, shall be exempt from these requirements.
Diagram 145-9.1 Sight Triangle at Intersections  |
§ 145-10 Utilities location.
Public utilities may be located in any district subject to approval of the Town Manager or his designee. In such cases, the following requirements shall be complied with:
A.
Such facility shall be essential for the immediate area.
B.
Open space surrounding the facility shall be suitably landscaped and maintained.
C.
When such facilities area is located within any R Residential or C Commercial District, the storage of vehicles and equipment surrounding the facility shall be prohibited.
D.
The facility shall not constitute a nuisance.
§ 145-11 Residential fences and walls.
[Amended 6-10-1995]
Subject to limitations imposed by § 145-9, no person shall erect a fence or wall or portion thereof, except as a retaining wall or a wall of a building or a fence enclosing a swimming pool, that shall exceed four feet in height. For property east of Ocean Drive, a fence meeting the requirements of the Delaware Department of Natural Resources and Environmental Control (DNREC) shall be permitted, provided that it shall not extend eastward beyond the most eastward structural piling and may extend to the side lot lines, and provided that it is not permanently affixed to the pilings.
A.
All applicants for a fence or wall shall acquire a building permit. An application shall be made on a form as prescribed by the Town. A copy of the drawing of the plans, with accompanying specifications, must be submitted with the application.
B.
All persons who construct fences on state-owned lands contiguous to Delaware Route No. 1 shall first enter into a use and custody agreement with the state and shall thereafter obtain approval from the Town through the application for and issuance of a building permit.
C.
Fences constructed abutting the right-of-way of Delaware Route No. 1 shall be constructed of wood or vinyl and shall meet Town specifications. Such specifications will be provided at the time the application forms are obtained from the Town.
[Amended 3-14-2014 by Ord. No. 171-13]
D.
All fences shall be constructed of commercially available or equivalent materials. No light wire (except in conjunction with approved fences) or snow fence material, except where noted (see Subsection E), may be installed along property lines. Garden fences less than two feet in height are permitted.
E.
Sand/snow fences may be permitted on lots east of Ocean Drive. Sand/snow fences for dune maintenance may be permitted but must conform to the DNREC regulations. Residential/commercial type fencing, including but not limited to split rail, picket rail, lattice, salt-treated lumber, regular lumber and PVC, shall not be permitted on lots east of Ocean Drive.
[Amended 4-17-1998 by Ord. No. 74-98]
§ 145-12 Commercial fences.
All commercial property shall provide a privacy fence at least six feet but not more than eight feet in height. A fence shall be erected to conceal various storage equipment/materials, dumpsters and any other materials normally found in commercial establishments. This fence shall be anchored in such a manner that it cannot become airborne during high winds and/or stormy conditions.
§ 145-13 Beautification mounds.
[Amended 2-8-2002 by Ord. No. 106-01]
Beautification mounds are acceptable in place of fences. Beautification mounds located east of Highway No. 1 shall be elevated soil or sand material placed on properties in lieu of fences for beautification purposes. Beautification mounds and any vegetation planted thereon shall not exceed four feet in height nor be located within two feet of street lot lines; however, trees will be allowed to grow to their normal height, provided they are kept trimmed in accordance with Chapter 125. Trees on corner lots with street intersections or curves along road rights-of-way must be trimmed to provide adequate vehicular visibility. Beautification mounds constructed less than 10 feet from the intersection of rights-of-way of two streets, including any vegetation or ornamentation, shall not exceed three feet in height. Beautification mounds shall be constructed so as not to divert normal drainage waters onto other private or public property.
§ 145-14 Temporary structures, house trailers, campers, recreational vehicles, tents, motor homes or boats.
A.
No temporary structure may be erected or used for residential or storage purposes, except as needed to store excessive building materials at construction sites.
B.
No house trailers, campers, recreational vehicles, tents, motor homes or boats may be used as a residence or for permanent storage purposes.
C.
House trailers, campers, recreational vehicles, motor homes or boats may be parked on any owner's property as long as all other provisions of this chapter are satisfied.
D.
House trailers, campers, recreational vehicles, motor homes or boats may not be parked on street rights-of-way within the corporate limits of the Town of South Bethany for more than 24 hours, except by special permit for good cause as determined by the South Bethany Police Department; provided, however, that in no event may such vehicle be parked at such locations for more than 72 hours, and provided further that nothing in this subsection shall be interpreted so as to prohibit or restrict the mooring of boats.
E.
Commercial trailers and dumpsters are subject to the restrictions imposed by Subsection D, except that such trailers and dumpsters may be parked at construction sites during construction, provided that such trailers and dumpsters must be removed from the construction site prior to the issuance of a Certificate of Compliance/Occupancy for the applicable property.
§ 145-14.1 Restoration or removal of damaged or destroyed buildings or structures.
[Added 4-17-1998 by Ord. No. 74-98; amended 2-8-2002 by Ord. No. 106-01]
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 Code Enforcement Official or Town Manager, 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 30 days of the date of destruction or damage.
§ 145-14.2 Commercial lighting.
[Added 8-13-1999 by Ord. No. 86-99]
A.
All outdoor commercial lighting fixtures shall be fully hooded or shielded so they do not produce an objectionable or inordinate glare on neighboring property and no direct rays of light source go beyond the commercial property lines. Such fixtures shall also be locked in a fixed position at all times.
B.
Fully hooded or shielded outdoor commercial lighting fixtures shall not be higher than 30 feet above ground level if attached to a pole or above the roof line if attached to a building. Lighting under canopies or overhangs shall also not be higher than 30 feet above ground level.
§ 145-14.3 Ground covering allowed in setback area.
[Added 5-14-2010 by Ord. No. 153-10]
A.
In the R-1 Single-Family Dwelling District (§ 145-26) at least 55% of the sum of required building setback area, as defined in Chapter 145, Zoning, Article XI, Setback Requirements, shall be covered with pervious covering materials. The building setback area is the total of the front, rear and side setbacks expressed in square footage (i.e.: 25 feet x 50 feet + 25 feet x 50 feet + 8 feet x 50 feet + 8 feet x 50 feet = 3,300 square feet. 3,300 square feet x 55% = 1,815 square feet minimum pervious coverage). Pervious covering materials, such as, but not limited to, sand, gravel, mulch, grass, shells, natural vegetation, or, when installed per current industry standards or guidelines, permeable pavers, pervious concrete, and porous asphalt.
[Amended 2-10-2012 by Ord. No. 159-11; 9-9-2016 by Ord. No. 183-16]
B.
Notwithstanding the requirements of Subsection A of this section, only pervious covering material is allowed within a five-foot-wide perimeter strip adjacent to the property boundary line on the sides and rear of any residential building lot within the town limits of South Bethany. The front of the lot is exempt from this requirement. Only pervious materials listed in Subsection A shall be allowed as a ground covering. On residential building lots where the required setback is less than 10 feet, the required perimeter strip shall be at least 50% of the setback.
C.
Only materials, such as, but not limited to, gravel, shells, sand, and grass shall be allowed as a ground covering in any Town right-of-way. Pervious concrete and porous asphalt shall not be used in any Town right-of-way. Permeable pavers may be used within the Town right-of-way along the front of the property. If the permeable pavers are removed for any reason, it will be the owner's responsibility and cost to replace the pavers.
[Amended 2-10-2012 by Ord. No. 159-11; 2-11-2022 by Ord. No. 205-21]
D.
Impervious paving is permitted in the construction of a boat ramp as defined in § 50-6, Ramp specifications.
E.
Impervious surfaces planned in the setback area require a building permit. The application for a permit shall include a plot or sketch, showing the location and dimensions of all existing and planned impervious surfaces, including a description of the materials to be used.
F.
Construction of permeable pavers must have prior Town building or paving permit approval and must be inspected by the Town after the gravel base has been completed but before pavers have been installed to ensure that current industry standards have been met.
[Amended 2-10-2012 by Ord. No. 159-11]