[Added 8-17-1990 by Ord. No. 250; amended 11-16-1990 by Ord. No.
253]
Uses permitted in the R1-A District shall be those permitted in the R-1 Residential District except as otherwise provided. Subject to the provisions of § 425-50 hereafter, all of the use regulations governing land, buildings and structures in the R-1 Residential District as set forth in this chapter shall apply to and govern land, buildings and structures in the R-1A Residential District, the same as if such regulations were fully repeated and set out in this article.
Subject to the provisions of § 425-50 hereafter, all of the dimensional regulations governing land, buildings and structures in the C-1 Central Commercial District, as set forth in this chapter of the Code of the Town of Bethany Beach, shall apply to and govern land, buildings and structures in the R-1A Residential District, the same as if fully repeated and set out in this article, except that the following shall supersede and control in the R-1A Boardwalk Residential District:
A.
Minimum lot area: 2,500 square feet per dwelling unit.
B.
Minimum street frontage:
[Amended 2-16-2018 by Ord. No. 540]
(1)
No minimum street frontage required, but 40 feet frontage on boardwalk
per lot, or by one end lot if a group of lots are oriented to front
on a street, required; or
(2)
Consisting of a minimum lot area of 2,500 square feet per dwelling
unit and abutting and part of an association of lots oriented to front
on a street with one end lot fronting on the boardwalk.
Anything in this chapter of the Code of the
Town of Bethany Beach to the contrary notwithstanding, any building
or structure existing in the R-1A Zoning District as of the effective
date of this chapter may be reconstructed, repaired, renovated or
remodeled from time to time and at anytime to and within its present
dimensions, setbacks, structural configuration, density and use as
a matter of right, and the same shall be deemed to be lawfully conforming
in use and dimension and not as nonconforming in use or dimension;
provided, however, that such reconstruction, repair, renovation or
remodeling shall not reduce the amount of off-street parking or other
supplementary zoning requirements below those actually provided and
in existence as of the effective date of the Zoning Map amendment
effected by this chapter or those ordinarily required in R-1 Residential
District, whichever is the least demanding standard.
A.
It shall be the burden and obligation of the property
owner to establish, to the reasonable satisfaction of the Town Building
Inspector, the uses, dimensions, setbacks, structural configurations,
density, off-street parking, open spaces, street access and other
supplementary requirements as were actually provided in and in existence
as of the effective date of the Zoning Map amendment effected by this
chapter in order to avail the provisions of this section.
B.
Any property owner may, at any time, request a written
certification from the Town Building Inspector as to the foregoing
by providing such information (e.g., survey and/or architectural drawings,
photographs or condominium documents) and permitting such on-site
inspections as reasonably required by the Building Inspector to enable
him or her to make such certification. At least two original-signature
copies of such certification, together with all appropriate accompanying
documents, shall be prepared, one of which shall be given to the property
owner and one of which shall be filed in the Town Office as a permanent
record. Such certification and accompanying documents shall thereafter
be conclusive proof as to any fact specified in the certification.
