Bethany Beach City Zoning Code
ARTICLE VIII
R1-A Boardwalk Residential District
§ 425-48 Permitted uses. [1]
Uses permitted in the R1-A District shall be those permitted in the R-1 Residential District except as otherwise provided. Subject to the provisions of § 425-50 hereafter, all of the use regulations governing land, buildings and structures in the R-1 Residential District as set forth in this chapter shall apply to and govern land, buildings and structures in the R-1A Residential District, the same as if such regulations were fully repeated and set out in this article.
§ 425-49 Dimensional regulations.
Subject to the provisions of § 425-50 hereafter, all of the dimensional regulations governing land, buildings and structures in the C-1 Central Commercial District, as set forth in this chapter of the Code of the Town of Bethany Beach, shall apply to and govern land, buildings and structures in the R-1A Residential District, the same as if fully repeated and set out in this article, except that the following shall supersede and control in the R-1A Boardwalk Residential District:
A.
Minimum lot area: 2,500 square feet per dwelling unit.
B.
Minimum street frontage:
[Amended 2-16-2018 by Ord. No. 540]
(1)
No minimum street frontage required, but 40 feet frontage on boardwalk per lot, or by one end lot if a group of lots are oriented to front on a street, required; or
(2)
Consisting of a minimum lot area of 2,500 square feet per dwelling unit and abutting and part of an association of lots oriented to front on a street with one end lot fronting on the boardwalk.
§ 425-50 Reconstruction, repair, renovation or remodeling of existing buildings and structures.
Anything in this chapter of the Code of the Town of Bethany Beach to the contrary notwithstanding, any building or structure existing in the R-1A Zoning District as of the effective date of this chapter may be reconstructed, repaired, renovated or remodeled from time to time and at anytime to and within its present dimensions, setbacks, structural configuration, density and use as a matter of right, and the same shall be deemed to be lawfully conforming in use and dimension and not as nonconforming in use or dimension; provided, however, that such reconstruction, repair, renovation or remodeling shall not reduce the amount of off-street parking or other supplementary zoning requirements below those actually provided and in existence as of the effective date of the Zoning Map amendment effected by this chapter or those ordinarily required in R-1 Residential District, whichever is the least demanding standard.
§ 425-51 Verification of existing uses, dimensions and open spaces.
A.
It shall be the burden and obligation of the property owner to establish, to the reasonable satisfaction of the Town Building Inspector, the uses, dimensions, setbacks, structural configurations, density, off-street parking, open spaces, street access and other supplementary requirements as were actually provided in and in existence as of the effective date of the Zoning Map amendment effected by this chapter in order to avail the provisions of this section.
B.
Any property owner may, at any time, request a written certification from the Town Building Inspector as to the foregoing by providing such information (e.g., survey and/or architectural drawings, photographs or condominium documents) and permitting such on-site inspections as reasonably required by the Building Inspector to enable him or her to make such certification. At least two original-signature copies of such certification, together with all appropriate accompanying documents, shall be prepared, one of which shall be given to the property owner and one of which shall be filed in the Town Office as a permanent record. Such certification and accompanying documents shall thereafter be conclusive proof as to any fact specified in the certification.