Town of South Bethany, DE Definitions

Lavatory ("sink");

Water closet ("toilet"); and/or

BUILDING CODE, INTERNATIONAL CODES

A tub; and/or

(4)

Shower.

BOARD OF ADJUSTMENT

A Board authorized by Subchapter II, Title 22, Chapter 3, of the Delaware Code and established by the Town Council of South Bethany pursuant to Article XV of this chapter.

BREAKAWAY WALL

A wall that is designed and certified by a registered professional engineer or architect that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

[Added 6-10-1995; amended 2-13-2015 by Ord. No. 177-14]

BUILDING, ACCESSORY

A subordinate building, the use of which is customarily incidental to that of a principal building and is used for accessory use and is subject to the setbacks and height limitation on the same lot as required by Article X of this chapter.

The International Building Code (IBC) and International Residential Code (IRC) as specified by Sussex County Building Department, as amended, approved by the Town Council of South Bethany.

[Amended 12-10-2010 by Ord. No. 155-10]

BUILDING LOT ORIENTATION

The terms "front," "rear," and "sides" as used in this subsection[1] shall have the same meaning as in Chapter 145, Zoning.

[Added 5-14-2010 by Ord. No. 153-10]

BUILDING, PRINCIPAL

A building in which is conducted the main use of the lot on which said building is located, and shall include porches, decks, stairways, attached shower stalls and carports.

[Amended 2-8-2002 by Ord. No. 106-01]

COASTAL BARRIER RESOURCES SYSTEM

Areas of coastal barriers that serve as barriers against wind and tidal forces caused by coastal storms and serve as habitat for aquatic species that are designated by the U.S. Congress and mapped by the U.S. Department of the Interior, Fish and Wildlife Service, and shown on the Flood Insurance Rate Map.

[Amended 2-13-2015 by Ord. No. 177-14]

COASTAL HIGH HAZARD AREA

An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms. Coastal high hazard areas also are referred to as "Zone V" or "V Zones" and are designated on FIRMS as flood insurance risk Zone VE.

[Amended 2-13-2015 by Ord. No. 177-14]

COMMERCIAL PROPERTY

A lot or structure other than a dwelling or public building.

CONSTRUCTION

The term "construction" includes new construction, additions, reconstruction, and substantial repair.

[Amended 12-10-2010 by Ord. No. 155-10]

DEVELOPMENT

Any man-made change, repair, rehabilitation, addition, placement or improvement to improved or unimproved real estate, including but not limited to buildings or other structures, placement of manufactured homes, mining, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.

[Amended 2-13-2015 by Ord. No. 177-14]

DISTRICT

A division of real property within the corporate limits of the Town of South Bethany, as specified in Article VI of this chapter.

DRY FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

[Added 2-13-2015 by Ord. No. 177-14]

ELEVATION CERTIFICATE

The National Flood Insurance Program, Elevation Certificate (FEMA Form 086-0-33), used to document building elevations and other information about buildings. When required to be certified, the form shall be completed by a registered professional land surveyor.

[Added 2-13-2015 by Ord. No. 177-14]

ENCLOSURE BELOW THE LOWEST FLOOR

An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage, in an area other than a basement.

[Added 2-13-2015 by Ord. No. 177-14]

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency having the overall responsibility for administering the National Flood Insurance Program.

[Added 2-13-2015 by Ord. No. 177-14]

FEMA TECHNICAL BULLETIN

A series of guidance documents which are published by FEMA to provide guidance concerning building performance standards of the National Flood Insurance Program.

[Added 2-13-2015 by Ord. No. 177-14]

FILL, NONSTRUCTURAL

Any nonstructural composition which is used to artificially alter the contours of the original land or water surface.

[Amended 2-13-2015 by Ord. No. 177-14]

FILL, STRUCTURAL

Fill which will ultimately be subjected to structural loadings such as, but not limited to, those imposed by footings, floor slabs and pavements.

[Added 2-13-2015 by Ord. No. 177-14]

FLOOD DAMAGE RESISTANT MATERIALS

Construction materials capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. See FEMA Technical Bulletin #2, Flood Damage-Resistant Materials Requirements, and FEMA Technical Bulletin #8, Corrosion Protection for Metal Connectors in Coastal Areas.

[Added 2-13-2015 by Ord. No. 177-14]

FLOOD INSURANCE RATE MAP (FIRM)

An official map on which the Federal Emergency Management Agency has delineated special flood hazard areas to indicate the magnitude and nature of flood hazards, and to designate applicable flood zones.

[Amended 2-13-2015 by Ord. No. 177-14]

Zone A: Special flood hazard areas inundated by the one-percent annual chance flood; base flood elevations are not determined.

Zone AE: Special flood hazard areas subject to inundation by the one-percent annual chance flood; base flood elevations are determined; floodways may or may not be determined. The base flood elevation in an AE Zone is equal to the number that follows "AE" in feet NAVD.

[Amended 10-14-2016 by Ord. No. 184-16]

Zone AO: Areas of shallow flooding, with or without a designated average flood depth. The base flood elevation in an AO Zone is equal to the number that follows "AO" plus the highest adjacent grade (to the building) in feet NAVD.

[Amended 10-14-2016 by Ord. No. 184-16]

(4)

Zone VE: Special flood hazard areas subject to inundation by the one-percent annual chance flood and subject to high velocity wave action (also referred to as coastal high hazard areas). The base flood elevation in a VE Zone is equal to the number that follows "VE" in feet NAVD.

[Amended 10-14-2016 by Ord. No. 184-16]

(5)

Limit of Moderate Wave Action (LiMWA): The inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the Zone VE and the LiMWA will be similar to, but less severe than, those in the Zone VE.

(6)

Zone X (shaded): Areas subject to inundation by the five-hundred-year flood (0.2% annual chance); areas subject to the one-percent annual chance flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.

(7)

Zone X (not shaded): Areas determined to be outside the one-percent annual chance flood and outside the five-hundred-year floodplain.

FLOOD INSURANCE STUDY

The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and the water surface elevations.

[Added 2-13-2015 by Ord. No. 177-14]

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters; and/or

FLOODPROOFING CERTIFICATE

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN

Any land area susceptible to being inundated by water from any source (see "flood or flooding").

[Added 2-13-2015 by Ord. No. 177-14]

The National Flood Insurance Program, Floodproofing Certificate for Non-Residential Structures (FEMA Form 86-0-34), used by registered professional engineers and architects to certify dry floodproofing designs.

[Added 2-13-2015 by Ord. No. 177-14]

FLOOR AREA [2]

The sum of all livable and nonlivable areas.

[Amended 2-8-2002 by Ord. No. 106-01; 3-12-2004 by Ord. No. 122-03; 12-10-2010 by Ord. No. 155-10]

FLOOR-TO-AREA RATIO (FAR)

A ratio of the total square footage of floor area to the total lot area. Not included in area calculation for FAR percentage: attic floor area, crawl space area, enclosed ground level space used solely for storage and parking that meets all requirements of Chapter 145, Article XIV, Coastal Floodplain Regulations, and is not designed or equipped to accommodate use as sleeping quarters, bathroom(s) or other living quarters (e.g., recreational room), "second-floor" air space in a room with cathedral ceiling, elevator shafts above the first floor of living space, ground-level boardwalks, ground-level decks, the portion of steps, ramps, or platforms allowed to encroach into the setback per Article XI, and unenclosed ground-level paved or unpaved spaces among pilings, including areas surrounded by lattice or boards with one-half-inch-minimum spaces between them.

[Added 3-12-2004 by Ord. No. 122-03; amended 12-10-2010 by Ord. No. 155-10; 3-14-2014 by Ord. No. 171-13; 5-13-2016 by Ord. No. 180-16; 11-17-2017 by Ord. No. 188-17]

FOOTPRINT

The total lot area covered by structures, including porches, steps and decks more than six inches in height.

FREEBOARD

A factor of safety usually expressed in feet above a flood elevation for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

[Added 8-8-2014 by Ord. No. 172-14]

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water; the term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

[Added 2-13-2015 by Ord. No. 177-14]

GROUND FLOOR

This is the floor of an area below the lowest floor that is used solely for parking of vehicles, building access, or storage.

[Added 10-14-2016 by Ord. No. 184-16]

GROUND-LEVEL BOARDWALK

Any pedestrian walkway made of wood or similar synthetic material not higher than six inches above the ground at any point immediately below or adjacent to the boardwalk.

[Added 2-8-2002 by Ord. No. 106-01]

GROUND-LEVEL DECK

Any open deck not higher than six inches above the ground at any point immediately below or adjacent to the deck.

[Added 2-8-2002 by Ord. No. 106-01]

HEIGHT LIMITATION

At the sole discretion of the property owner, the height of a structure shall be measured from the base flood elevation (BFE) or the center line of the street on which the structure fronts between the two side property lines, if extended, to the uppermost point of the structure, except as provided in § 145-38E(2). Such projections as chimneys, television and radio antennas, flagpoles and weather vanes shall not be included in the calculation of the height limitation.

[Amended 3-9-2001 by Ord. No. 95-00; 10-14-2016 by Ord. No. 184-16]

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

[Added 2-13-2015 by Ord. No. 177-14]

HISTORIC STRUCTURE

Any structure that is:

[Added 6-10-1995; amended 2-13-2015 by Ord. No. 177-14]

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

HOUSE TRAILER, MOBILE HOME, CAMPER or RECREATIONAL VEHICLE

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

A structure on wheels or originally capable of mobility which is intentionally outfitted or equipped so that humans can sleep or live therein or can be used for storage. The terms shall include vehicles mounted on temporary or permanent foundations with the wheels removed.[3]

HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS

An analysis performed by a registered professional engineer in accordance with standard engineering practices as accepted by FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

[Added 2-13-2015 by Ord. No. 177-14]

IMPERVIOUS MATERIALS

Materials that prevent precipitation from contacting the existing soil and do not allow water to penetrate the soil.

[Added 5-14-2010 by Ord. No. 153-10]

KITCHEN

An enclosed or partially enclosed space or room designed, intended, equipped, or used, either wholly or partly, for the cooking and/or preparation of food. That an enclosed or partially enclosed space is designed or equipped to accommodate or provide major appliances or facilities from all three of the following groups/categories shall create a rebuttable presumption that the space is a kitchen:

[Added 3-12-2004 by Ord. No. 122-03]

A refrigerator, freezer, refrigerator/freezer;

A stove, oven stove/oven, microwave, or gas or electric cooktop or range;

A dishwasher, kitchen sink(s), or cabinets for the storage of dishes, cookware, or utensils.

LETTER OF MAP CHANGE

An official FEMA determination, by letter, to amend or revise an effective Flood Insurance Rate Map, Flood Boundary and Floodway Map, and Flood Insurance Study. Letters of Map Change include:

[Added 2-13-2015 by Ord. No. 177-14]

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was inadvertently included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood; in order to qualify for this determination, the fill must have been permitted and placed in accordance with these regulations.

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies; upon submission to and approval of certified as-built documentation, a Letter of Map Revision may be issued.

LIVABLE AREA

The sum of the total square footage from outside wall to outside wall:

[Added 3-12-2004 by Ord. No. 122-03; amended 3-14-2014 by Ord. No. 171-13]

All rooms with HVAC, excluding heated utility rooms and enclosed ground level space used solely for storage and parking that meet all requirements of Chapter 145, Article XIV, Coastal Floodplain Regulations, provided that such utility room(s) and enclosed space(s) are not designed or equipped to accommodate use as sleeping quarters, bathrooms(s), or other living quarters (e.g., recreational room). To be excluded from livable area, a utility room shall be designed and equipped solely for HVAC equipment, storage, laundry facilities (washer, dryer, laundry tub), and/or "mud room." Elevator shafts shall not be counted above the first floor of living space.

[Amended 11-17-2017 by Ord. No. 188-17]

LOWEST HORIZONTAL STRUCTURAL MEMBER

All spaces completely enclosed by floor and walls and by roof or ceiling, including walls of glass, glass doors, glass or plastic (vinyl) windows (except spaces listed above in definition of FAR).

LIVABLE AREA RATIO (LAR)

A ratio of the total square footage of livable area to the total lot area.

[Added 3-12-2004 by Ord. No. 122-03]

LOADING SPACE

An area designated and reserved for the purpose of loading or unloading merchandise for transportation purposes.

LOT

A parcel of land occupied or which may be occupied by one principal building and accessory buildings.

LOT AREA

The total square footage of a lot contained within its property lines, excluding any area within any public right-of-way.

[Added 3-12-2004 by Ord. No. 122-03]

LOT, CORNER

A lot abutting on two or more intersecting streets or waterways.

LOT COVERAGE

The land area of a lot covered by a principal building within required setbacks, including steps, porches, garages, decks, carports and accessory buildings, but not including heat pumps, heaters or air-conditioning units, provided that such equipment shall be adjacent to the principal building and shall not extend more than five feet into a setback area.

LOT, DEPTH

The mean horizontal distance between the front street lot line and the rear lot line, measured generally perpendicular to the street lot line.

LOT LINE, FRONT

The property line of a lot abutting a Town street or Jefferson Creek Bridge Road (County Road No. 361).

LOT, WIDTH

The mean horizontal distance between side lot lines. For irregular lots, including cul-de-sac lots, "lot width" is determined by the horizontal distance between side lot lines at the front setback line.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

[Added 6-10-1995; amended 2-13-2015 by Ord. No. 177-14]

In an elevated building, the lowest beam, joist, or other horizontal member that supports the building is the lowest horizontal structural member. Grade beams installed to support vertical foundation members where they enter the ground are not considered lowest horizontal members.

[Added 10-14-2016 by Ord. No. 184-16]

MANUFACTURED HOME

A structure, 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 attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

[Amended 6-10-1995]

NAVD 88

North American Vertical Datum (NAVD) of 1988. The vertical control datum established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.

[Added 8-8-2014 by Ord. No. 172-14]

NEW CONSTRUCTION

For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after October 6, 1976, the date of the Town's entry into the National Flood Insurance Program (NFIP) and includes any subsequent improvements to such structures.

[Added 6-10-1995; amended 4-17-1998 by Ord. No. 74-98]

NONCONFORMING STRUCTURE

A structure existing at the date of adoption of this chapter which conformed to the lawful minimum width, area, setback, height, lot coverage and square footage requirements for the district in which it is located prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of this chapter for the district in which it is located by reason of such adoption or amendment.

[Amended 9-8-1995 by Ord. No. 50-95]

NONCONFORMING USE

A use existing at the date of adoption of this chapter which conformed to the lawful requirements for the district in which it is located prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of this chapter for the district in which it is located by reason of such adoption or amendment.

[Amended 9-8-1995 by Ord. No. 50-95]

NONLIVABLE AREA

The total square footage of the items below measured from outside structural element to outside structural element.

[Added 3-12-2004 by Ord. No. 122-03; amended 12-10-2010 by Ord. No. 155-10; 3-14-2014 by Ord. No. 171-13]

Open decks, balconies, and walkways six inches or more above grade.

Open stairways.

Widow walks.

Porches.

Garages.

Utility and storage rooms.

ONE-HALF BATHROOM

A room with a toilet and a sink only.

[Added 3-12-2004 by Ord. No. 122-03]

ONE-HUNDRED-YEAR FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

[Amended 2-13-2015 by Ord. No. 177-14]

OPEN

Open to the weather on at least one side.

[Added 3-12-2004 by Ord. No. 122-03]

OPEN DECK

An unenclosed, unscreened and uncovered open platform area.

[Amended 2-8-2002 by Ord. No. 106-01]

OTHERWISE PROTECTED AREA

Portions of coastal barriers owned or established under federal, state, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. The boundaries of "otherwise protected areas" are established by the U.S. Department of Interior, Fish and Wildlife Service and shown on the Flood Insurance Rate Map.

[Added 2-13-2015 by Ord. No. 177-14]

PAVED DRIVEWAY

A path or parking area for vehicles, constructed of impervious materials (concrete, asphalt, etc.), leading from the property line abutting the street right-of-way.

[Added 3-9-2001 by Ord. No. 93-00]

PAVED SIDEWALK

A path for pedestrians, constructed of impervious materials (concrete, asphalt, etc.), leading from the property line abutting the street right-of-way.[4]

[Added 3-9-2001 by Ord. No. 93-00]

PERMEABLE PAVERS

Masonry units made of concrete, clay or stone, which when used to construct pavement, meet the requirements of pervious materials as defined below.

[Added 2-10-2012 by Ord. No. 159-11]

PERSON

An individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.

[Amended 2-13-2015 by Ord. No. 177-14]

PERVIOUS MATERIALS

Materials that permit water to enter the ground by virtue of their porous nature or by large spaces in the material.

[Added 5-14-2010 by Ord. No. 153-10]

RECREATIONAL VEHICLE

A vehicle which is:

[Added 6-10-1995]

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

REGISTERED PROFESSIONAL ARCHITECT

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Architect licensed and registered by the State of Delaware.

[Added 2-13-2015 by Ord. No. 177-14]

REGISTERED PROFESSIONAL ENGINEER

Engineer licensed and registered by the State of Delaware.

[Added 2-13-2015 by Ord. No. 177-14]

REGISTERED PROFESSIONAL SURVEYOR

Land surveyor licensed and registered by the State of Delaware.

[Added 2-13-2015 by Ord. No. 177-14]

RENOVATION/REMODELING/ALTERATION

The interior or exterior modification of an existing principal or accessory building, or any of its parts, which entails removal or replacement of existing materials and/or the addition of new materials of any one or more of the following types: structural members, pilings, beams, rafters, joists, studs, walls, roofs, floors, decks, stairs, porches, balconies, siding, windows, doors, electrical systems, plumbing systems or HVAC systems.

[Added 12-12-2008 by Ord. No. 146-08; amended 3-14-2014 by Ord. No. 171-13]

REPAIRS

The patching, restoration and/or minor replacement of materials, elements, components, equipment and/or fixtures on a like-for-like basis for the purpose of maintaining a structure or accessory structure.

[Added 3-14-2014 by Ord. No. 171-13]

Examples of minor replacements include but are not limited to solid waste bins and/or some shingles; siding; window panes or sashes; doors; shutters; pieces of molding and trim; deck boards; stair treads; and/or electrical fixtures. Also included but not limited to sections of deck and stairway railings; gutters; and/or fences.