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All land, buildings and structures now or hereafter
located on any parcel of land in the C-1 Central Commercial Zoning
District are subject to the "Bethany Beach Nonresidential Design Guidelines,
dated August 15, 2008" attached as Appendix 4 to the Town Zoning Code
(as such guidelines may from time to time be revised or amended by
the Town Council).[1] Any person or entity contemplating the construction, reconstruction,
alteration, or modification of any such land, building or structure
within the C-1 Central Commercial District should refer to such guidelines
prior to commencing work, including the preparation of architectural,
engineering, or landscaping plans.
[Added 8-7-2006 by Ord. No. 413; amended 8-15-2008 by Ord. No.
443] |
[1]
Editor's Note: Said Design Guidelines were last amended 1-16-2015
by Ord. No. 510.
The minimum lot of record shall be 5,000 square
feet in area, except as provided in the Table of Dimensional Requirements
included at the end of this chapter.
[Amended 11-18-1988 by Ord. No. 209]
A.
Commercial uses. The minimum street frontage for commercial
uses shall be 40 feet for each inside lot and 50 feet for each corner
lot.
B.
Residential uses. The minimum street frontage for
residential uses shall be 40 feet per lot for single standard-dwelling-unit
buildings on interior lots and 50 feet on corner lots; 50 feet per
lot interior or corner for buildings containing apartments and lodging
rooms; and 40 feet per standard dwelling unit for multi-dwelling-unit
buildings on interior lots or 50 feet per standard dwelling unit for
multi-dwelling-unit buildings on corner lots.
[Amended 8-17-1990 by Ord. No. 251]
The following uses are permitted within any
C-1 District:
A.
All uses permitted in R-1 and R-2 Residential Districts.
B.
Apartments and commercial lodging rooms.
[Amended 3-18-2016 by Ord. No. 521]
C.
Retail sale of the following goods: food and groceries,
delicatessen and baked goods, alcoholic liquors for off-premises consumption,
drugs, hardware, jewelry, tobacco, newspapers, stationery, shoes,
clothing, office supplies, gifts and souvenirs, beach supplies, flowers
and plants, furniture, handcrafts, household goods and appliances.
[Amended 5-25-1984 by Ord. No. 134]
D.
Personal services limited to offices of physicians,
dentists, lawyers, architects, accountants and real estate sales and
rental offices, barbershops or beauty shops, shoe repairs, clothes
cleaning and pressing and laundromats, movie theaters, bicycle rentals,
bank or loan offices and home appliance repair shops.
E.
Restaurants, cafes, luncheonettes, food catering and
carry-outs.
F.
Public buildings.
G.
Building, plumbing, heating or air-conditioning supplies
where there is no outdoor storage of materials.
H.
Art galleries.
I.
The sale of alcoholic liquors in connection with a
restaurant or hotel, as these terms are defined at 4 Del. C. § 101
or any future corresponding provision of Delaware law.
[Added 5-25-1984 by Ord. No. 134]
J.
Miniature golf course subject to the following conditions
and limitations:
[Added 4-12-2007 by Ord. No. 426]
(1)
No miniature golf course shall be open for business
between the hours of 11:30 p.m. and 9:00 a.m.
(3)
No miniature golf course shall be constructed or operated
unless solid walls or fences not more than eight feet high are erected
along each property line not abutting a public street.
(4)
No miniature golf course shall be constructed or operated
unless all artificial lighting meets the conditions that are outlined
in the illumination section of the Bethany Beach Nonresidential Design
Guidelines.
[Amended 8-15-2008 by Ord. No. 443]
(5)
No miniature golf course shall be constructed or operated
unless consistent with the Bethany Beach Nonresidential Design Guidelines.
[Amended 8-15-2008 by Ord. No. 443]
[Amended 10-18-1991 by Ord. No. 264; 1-20-2006 by Ord. No.
403]
A.
The following uses are permitted in any C-1 District,
if approved as a special exception by the Board of Adjustment, including
any appropriate restrictions or conditions imposed by the Board of
Adjustment:
(1)
Billiard or pool rooms and halls, bowling alleys and
pinball and similar games of skill.
(2)
Automobile sales agencies, provided that the business
is conducted within a building with no outside storage or display
of vehicles.
(3)
Automobile service and repair garages, provided that
in no event shall demolished vehicles or parts thereof or vehicles
not repairable by the permitted use granted by the special exception
be permitted to be parked or stored in visible open areas for more
than 72 hours. Further, the use shall not constitute or create a public
nuisance.
(4)
Funeral homes.
(5)
Social clubs and lodges.
(6)
Gasoline service stations.
(8)
Water towers and public utilities.
[Amended 11-18-1988 by Ord. No. 212; 8-17-1990 by Ord. No.
251]
Any standard dwelling unit constructed or remodeled
over a business structure in the C-1 District must conform to the
residential lot requirements of this chapter.
All residential uses permitted in the R-1 and
R-2 Zones are permitted in the C-1 Zone, provided that:
A.
Any building, structure or part thereof constructed,
erected or moved in, the use of which is residential, shall conform
to all residential use requirements of this chapter; and
B.
Any existing building, structure or part thereof converted,
remodeled, added to or altered, the building, structure or part thereof
to be used for residential purposes, shall conform to all residential
use requirements of this chapter.
[Added 5-25-1984 by Ord. No. 134]
B.
Establishments for the sale of alcoholic liquors for on-premises consumption or for off-premises consumption, except as expressly permitted in § 425-64, are not deemed to be a clearly integral and harmonious component of any use permitted in the C-1 and C-2 Commercial Districts. Consequently, liquor stores are prohibited to allow on-premises consumption of alcoholic liquor and those establishments selling alcoholic liquors for consumption on premises, commonly referred to as "taprooms," "taverns," "bars," "cabarets," "clubs" or "lounges," are expressly prohibited in the C-1 and C-2 Commercial Districts
[Amended 7-16-1993 by Ord. No. 280; 7-20-2018 by Ord. No. 543]
C.
No use otherwise permitted in this zoning district
shall be permitted as a rooftop open-air business.
[Added 7-17-1992 by Ord. No. 276]
