[Amended 11-15-2013 by Ord. No. 500]
The purpose of this district is to provide for an area within
the Town for the establishment of hotels and/or motels whose facilities
and amenities may include (unless subject to certain mandatory amenity
requirements provided for by this chapter) recreational and/or fitness
facilities, conference centers, meeting rooms and other auxiliary
uses primarily for use by hotel guests, while at the same time preserving
the residential character of those neighborhoods that are in close
proximity to this district.
[Amended 11-15-2013 by Ord. No. 500]
The following uses are permitted within the CL-1 Commercial
Lodging District:
A. Commercial lodging containing commercial lodging rooms.
B. Accessory uses and permitted amenities for commercial lodging include
only:
(1)
On-site restaurants, comprising less than 15% of the total floor area of the commercial lodging rooms, serving food and beverages, located within hotels and motels or on adjoining patios, which shall be open to the public and which use shall be subject to all other provisions of the Bethany Beach Code, including, but not limited to, Chapter
217 governing alcoholic beverages provided at the restaurant.
(2)
Conference rooms, theaters, banquet facilities, or other public
or semipublic facilities, comprising less than 15% of the total floor
area of the commercial lodging rooms, which shall be subject to all
other provisions of the Bethany Beach Code.
(3)
Recreational, fitness, and/or health and wellness facilities,
such as a gym, spa or swimming facility, the use of which shall be
primarily for current occupants of a standard guest room, but may
be open to the public from time to time upon such terms and conditions
as the commercial lodging may prescribe.
[Amended 12-19-2014 by Ord. No. 508]
(4)
Gift shops, flower shops and convenience stores (offering magazines,
books, beverages, candy, sundries, etc.), public or semipublic, which
use shall be subject to all other provisions of the Bethany Beach
Code.
(5)
Hair stylists and/or hair salons, whose services may be open
to the public.
(6)
Art galleries, which may be open to the public.
C. In commercial lodging containing 50 or more total standard guest rooms in a structure or complex, the accessory uses and permitted uses set forth in Subsection
B(1) through
(4) are mandatory amenities. Mandatory amenities required by this section may be waived by a majority vote of the Town Council at the Town Council's sole discretion.
[Amended 12-19-2014 by Ord. No. 508]
All commercial lodging establishments located on or near the
beaches of the Atlantic Ocean must comply with Title 7, Chapter 68,
of the Delaware Code, and all federal, state and local requirements.
All properties in the CL-1 Commercial Lodging District shall be deemed
"commercial areas" as that term is used in 7 Del. C. § 6802(4).
All building, subdivision, setback, design standards, design guidelines, laws, and regulations applicable to the Central Commercial District (C-1) which are not in conflict with the provisions of this Article
XIIA shall apply in the CL-1 Commercial Lodging District.
[Added 11-15-2013 by Ord. No. 500; amended 12-19-2014 by Ord. No.
508]
Consistent with and as provided for by §
425-93 of this chapter, the provisions of §§
425-77.1 through
425-77.6 of this chapter shall be administered by the Bethany Beach Building Inspector and enforced by him or her and other Town officials, including the police. The Building Inspector will be provided with the assistance of such other persons as the Town Council may direct. His or her duties shall include inspecting premises and construction thereon; provided, however, that for the avoidance of doubt, premises shall include each individual standard guest room within any commercial lodging.
[Added 11-15-2013 by Ord. No. 500; amended 12-19-2014 by Ord. No.
508]
Any violation of the provisions of §§
425-77.1 through
425-77.7 shall be determined as provided for by §
425-96 of this chapter, including, but not limited to, the payment of fines for such violations as set forth in Chapter
1, General Provisions, Article
I, Penalties. For purposes of violations of §§
425-77.1 through
425-77.7 of the Town Code, violations pertaining to a standard guest room shall not be aggregated and shall constitute a separate violation and shall be subject to a separate penalty.