Bethany Beach City Zoning Code
ARTICLE XI
C-1 Central Commercial District*
* | 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.
§ 425-62 Minimum lot area. [1]
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.
§ 425-63 Minimum street frontage.
[Amended 11-18-1988 by Ord. No. 209]
Commercial uses. The minimum street frontage for commercial uses shall be 40 feet for each inside lot and 50 feet for each corner lot.
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]
§ 425-64 Permitted uses.
The following uses are permitted within any C-1 District:
All uses permitted in R-1 and R-2 Residential Districts.
Apartments and commercial lodging rooms.
[Amended 3-18-2016 by Ord. No. 521]
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]
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.
Restaurants, cafes, luncheonettes, food catering and carry-outs.
Public buildings.
Building, plumbing, heating or air-conditioning supplies where there is no outdoor storage of materials.
Art galleries.
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]
Miniature golf course subject to the following conditions and limitations:
[Added 4-12-2007 by Ord. No. 426]
No miniature golf course shall be open for business between the hours of 11:30 p.m. and 9:00 a.m.
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.
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]
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]
§ 425-65 Uses permitted by special exceptions or conditional use.
[Amended 10-18-1991 by Ord. No. 264; 1-20-2006 by Ord. No. 403]
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:
Billiard or pool rooms and halls, bowling alleys and pinball and similar games of skill.
Automobile sales agencies, provided that the business is conducted within a building with no outside storage or display of vehicles.
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.
Funeral homes.
Social clubs and lodges.
Gasoline service stations.
Water towers and public utilities.
§ 425-66 (Reserved) [1]
§ 425-67 (Reserved) [1]
§ 425-68 Residential units.
[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.
§ 425-69 Residential uses.
All residential uses permitted in the R-1 and R-2 Zones are permitted in the C-1 Zone, provided that:
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
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.
§ 425-70 Prohibited uses.
[Added 5-25-1984 by Ord. No. 134]
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]
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]