[Ord. No. 983 § 4]
M-1-A (East of Ocean Avenue, Cresse Road to Farragut Road)
M-1-B (East of Atlantic Avenue, Farragut Road to Jefferson Avenue)
M-1-C (Between Ocean Avenue and Atlantic Avenue, Cresse Road to Farragut Road)
[Ord. No. 1013 § 1; Ord. No. 1029 § 1; Ord. No. 1062 § 3]
The purpose of this district is to permit hotels, motels, condotels and multi-family development with access to the Atlantic Ocean and to preserve and promote the enhancement of hotel/motel-type facilities for service to the tourist industry. Within this district, no lot or building shall be used and no building shall be erected or altered for use in whole or in part, unless it complies with the regulations as set forth in this article.
A. 
Principal Uses.
The following principal uses shall be permitted in the M-1-A, M-1-B and M-1-C Zones.
1. 
Multi-Family Residential shall be and requires:
a. 
If rented, minimum one-week rental period without daily maid service.
b. 
Cannot be advertised for commercial use as motel/hotel room rental to the general public.
c. 
An annual mercantile license shall be obtained from the municipality.
d. 
Through mercantile licensing, owner shall remit annual GWTIDA and State, Federal and other applicable taxes.
2. 
Hotel/Motel shall be and requires:
a. 
Hotel/motel services are offered to the general public.
b. 
Temporary lodging in the form of hotel/motel rooms rented to the general public on a daily or weekly basis but not more than 30 days, and not intended to be occupied or used for any primary residential purpose, either temporary or permanent.
c. 
A front desk area is maintained to serve guests and the public.
d. 
Maid service and other room amenities, including linens and towel service, in a quality manner expected from the traveling public is provided.
e. 
A manager and/or desk staff meeting the requirements of State lodging laws and State swimming pool regulations are employed to provide these services.
f. 
Advertisement for motel-like services is done in appropriate NSDIA manner promoting motel to the general public.
g. 
Sales and use tax, tourism tax and tourism fees on revenue generated from the above sales and services are paid.
h. 
An annual mercantile license is obtained from the municipality for the operation of same.
B. 
Use Restrictions.
Number of uses per building and number of principal use buildings per development parcel is restricted. The following uses per building and buildings per parcel shall be restricted in the M-1-A, M-1-B and M-1-C Zones:
1. 
M-1-A Zone.
a. 
Multi-Family Residential. There shall be one principal use per building and one detached principal use building per development parcel.
b. 
Hotel/Motel. One principal use per building consistent with definition of hotel/motel use and one detached principal use building per parcel.
2. 
M-1-B Zone.
a. 
Multi-Family Residential. There shall be one principal use per detached building and one or more principal use buildings per parcel.
b. 
Hotel/Motel. One principal use per building per development parcel consistent with definition of hotel/motel use.
c. 
Single-family and two-family residential as per R-2 zoning district regulations, except as modified herein.
3. 
M-1-C Zone.
a. 
Outside the Buffer Zone (Between Cardinal and Primrose), Multi-Family Residential - There shall be one principal use per detached building and one or more detached principal use building per parcel.
b. 
Outside the Buffer Zone (Between Cardinal and Primrose), Hotel/Motel - One principal use per building per development parcel consistent with definition of hotel/motel use.
c. 
Outside the Buffer Zone (Between Cardinal and Primrose), Single-Family and Two-Family Residential - There shall be one or more detached principal use buildings per parcel in compliance with R-2 District bulk requirements, except as modified herein.
d. 
Single-Family Residential within the buffer zone on as per the district regulations of the R-1 Zone, except as modified herein.
[Ord. No. 983 § 2; Ord. No. 1017 § 1; Ord. No. 1108 § 1]
The following accessory uses shall be permitted in the M-1-A, M-1-B and M-1-C Zones.
A. 
Restaurant/coffee shop associated with hotel/motel with 40 or more rooms.
B. 
Gift shops associated with hotel/motel with 40 or more rooms.
C. 
Private residential and public swimming pools per § 85-81.
No conditional uses shall be permitted in the M-1-A, M-1-B and M-1-C Zones.
[Ord. No. 909 § 1; Ord. No. 1013 § 1; Ord. No. 834 § 3;Ord. No. 909 § 1B; Ord. No. 932 § 1; Ord. No. 983 § 4]
A. 
Minimum lot yards for buildings shall be as follows:
1. 
M-1-A Zone.
a. 
Minimum Yard Setbacks (feet).
Front (along all east/west streets)
30 feet if lot depth 100 feet
27 feet if lot depth 90 feet
24 feet if lot depth 80 feet
Front (Atlantic and Ocean Avenues): 20 feet
Side: 8 feet
Rear: 8 feet
Bulkhead: 10 feet
b. 
Minimum Lot Frontage (hotel/motel/multi-family): 80 feet.
c. 
Maximum Height: 65 feet or six floors for multi-family; 85 feet within existing footprint for motel/hotel only and a finished interior floor to ceiling height of not less than eight feet shall be maintained throughout the entire habitable space.
d. 
Maximum Building Coverage: 50% motel/hotel; 40% multi-family.
e. 
Maximum Lot Coverage: 80% motel/hotel; 70% multi-family.
f. 
Maximum Density: Multi-family residential 1,800 square feet of lot area per unit.
g. 
Minimum Hotel/Motel Unit Size: 375 square feet.
2. 
M-1-B Zone.
a. 
Minimum Yard Setbacks (feet):
Front (along all east/west streets)
30 feet if lot depth 100 feet
27 feet if lot depth 90 feet
24 feet if lot depth 80 feet
18 feet for single-family and two-family
b. 
Front (Atlantic and Ocean Avenues): 20 feet.
c. 
Side: eight feet.
d. 
Rear: eight feet.
e. 
Bulkhead: 10 feet.
f. 
Minimum Lot Frontage (hotel/motel/multi-family): 80 feet.
g. 
Maximum Height: 39 feet or three floors for single-family and two-family; 65 feet or 6 floors for multi-family, 65 feet within existing footprint for motel/hotel only and a finished interior floor to ceiling height of not less than eight feet shall be maintained throughout the entire habitable space.
h. 
Maximum Building Coverage: 50% motel/hotel; 40% multi-family; 45% single-family and two-family.
i. 
Maximum Lot Coverage: 80% motel/hotel; 70% multi-family; 55% single-family and two-family.
j. 
Maximum Density: Multi-family residential 1,800 square feet of lot area per unit.
k. 
Maximum Hotel/Motel Unit Size: 375 square feet.
3. 
M-1-C Zone (between Ocean Avenue and Atlantic Avenue; Cresse Road to Farragut Road).
a. 
Minimum Yard Setbacks:
Front (Atlantic and Ocean Avenues): 20 feet
Front (along all east/west streets)
30 feet if lot depth 100 feet
27 feet if lot depth 90 feet
24 feet if lot depth 80 feet
15 feet for permitted single-family uses
Side: 8 feet
Rear: 8 feet
Bulkhead: 10 feet
b. 
Minimum Lot Frontage (hotel/motel/multi-family): 80 feet.
c. 
Maximum Height: 65 feet within existing footprint for motel/hotel only and a finished interior floor to ceiling height of not less than eight feet shall be maintained throughout the entire habitable space; 45 feet or four floors for multi-family; 29 feet or two floors for permitted single-family.
d. 
Maximum Building Coverage: 50% motel/hotel; 40% multi-family; 45% single-family.
e. 
Maximum Lot Coverage: 80% motel/hotel; 70% multi-family; 55% R-1 uses.
f. 
Maximum Density: Multi-family residential 1,800 square feet of lot area per unit.
g. 
Minimum Hotel/Motel Unit Size: 375 square feet.
h. 
Buffer Zone: 100 feet minimum.
B. 
Height Regulations.
1. 
M-1-A Zone:
Maximum Height: 65 feet or six floors for multi-family; 85 feet within existing footprint for motel/hotel only and a finished interior floor to ceiling height of not less than eight feet shall be maintained throughout the entire habitable space.
2. 
M-1-B Zone:
Maximum Height: 39 feet or three floors for single-family and two-family; 65 feet or 6 floors for multi-family, 65 feet within existing footprint for motel/hotel only and a finished interior floor to ceiling height of not less than eight feet shall be maintained.
3. 
M-1-C Zone:
Maximum Height: 65 feet within existing footprint for motel/hotel only and a finished interior floor to ceiling height of not less than eight feet shall be maintained throughout the entire habitable space; 45 feet or four floors for multi-family; R-1 District Regulations for single-family.
C. 
Minimum Hotel/Motel Unit Size.
M-1-A Zone: 375 square feet
M-1-B Zone: 375 square feet
M-1-C Zone: 375 square feet
D. 
A permanent on-site superintendent's apartment or living quarters shall be permitted within a hotel or motel, and shall be included in the calculation of the permitted density.
E. 
Each multi-family dwelling shall contain the following minimums:
1 bedroom unit
600 square feet
2 bedroom unit
800 square feet
3 bedroom unit
1,000 square feet
Each additional bedroom
+200 square feet
F. 
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005)
G. 
Hotel and Motel Buffer Zone (Ord. No. 812 § 1).
A hotel and motel "buffer" zone shall be established in the M-1-C Zone as a transition from the hotel or motel use to the residential use in adjacent R-1A Zoning district. This "buffer" zone shall have the following conditions:
1. 
For the area between Cardinal Road and Primrose Road and 100 feet southeastwardly from Atlantic Avenue: a hotel or motel business office as an accessory to a hotel or motel may be erected only within the buffer zone, provided that an individual or stockholder in a corporation or partner of record is the owner of the motel erected immediately adjacent thereto and is also the owner of a private dwelling within the buffer zone extending 100 feet southeastwardly from Atlantic Avenue. Also, off-street parking shall be permitted in connection with the operation of any hotel or motel or multi-family dwelling for the motor vehicles of guests, tenants or licensees upon or within portions of the 100-foot buffer zone extending to a point 100 feet eastwardly of Atlantic Avenue.
2. 
Hotel/motel accessory office; private dwelling (R-1 standards); motel/hotel off-street parking may be located in the Buffer Zone.
H. 
In the M-1 Zones the maximum lot coverage shall be 80% and maximum building coverage shall be 50%.
I. 
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005).
J. 
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005).
K. 
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005).