Bethany Beach City Zoning Code
ARTICLE XIIA
Commercial Lodging District CL-1*
*All land, buildings and structures now or hereafter located on any parcel of land in the CL-1 Commercial Lodging 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 as may from time to time be revised or amended by the Town Council);[1] except that commercial lodging shall be permitted on street-level spaces. Any person or entity contemplating the construction, reconstruction, alteration, or modification of any such land, building or structure within the CL-1 Commercial Lodging District should refer to such guidelines prior to commencing work, including the preparation of architectural, engineering, or landscaping plans. [Added 8-16-2013 by Ord. No. 498] |
[1]
Editor's Note: Said Design Guidelines were last amended 1-16-2015 by Ord. No. 510.
§ 425-77.1 Legislative purpose.
[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.
§ 425-77.2 Dimensional requirements.
Minimum lot area: 3,750 square feet in area with a minimum of 300 square feet of lot area provided for each commercial lodging unit.
Minimum street frontage: 40 feet for each inside lot and 50 feet for each corner lot.
Maximum lot coverage by buildings: total lot area, less the required off-street parking and loading requirements as well as the yard setbacks as required herein.
Yard setbacks:
Front yard setback: zero feet for buildings and structures.
Rear yard setback: 15 feet for buildings and structures.
Side yard setback: zero feet for buildings and structures, unless the buildings or structures adjoin a residential district. In such case, a side yard setback of not less than seven feet is required.
Facades. Flat front facades longer than 40 feet without interruptions by a setback, porch, or bay window are prohibited.
§ 425-77.3 Permitted uses.
[Amended 11-15-2013 by Ord. No. 500]
The following uses are permitted within the CL-1 Commercial Lodging District:
Commercial lodging containing commercial lodging rooms.
Accessory uses and permitted amenities for commercial lodging include only:
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.
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.
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]
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.
Hair stylists and/or hair salons, whose services may be open to the public.
Art galleries, which may be open to the public.
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]
§ 425-77.4 Prohibited uses.
Uses not specifically permitted under § 425-77.3 or which are not commonly recognized as a clearly integral and harmonious component of such specifically permitted uses are prohibited.
Establishments for the sale of alcoholic liquors for on-premises consumption or for off-premises consumption, except as a component of a restaurant permitted by § 425-77.3B(1), are not a clearly integral and harmonious component of any use permitted in the CL-1 Commercial Lodging District and are therefore prohibited. By way of illustration, establishments selling alcoholic liquors for consumption on premises that are not "restaurants," commonly referred to as "taprooms," "bars," "cabarets," "clubs" or "lounges," are expressly prohibited in the CL-1 Commercial Lodging District.
Any use which is not a commercial lodging (hotel or motel) use.
§ 425-77.5 Compliance with state law.
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).
§ 425-77.6 Other applicable standards.
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.
§ 425-77.7 Administration.
[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.
§ 425-77.8 Violations and penalties.
[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.