South Bethany City Zoning Code
ARTICLE VII
R-1 Single-Family Dwelling District
§ 145-26 Permitted uses.
The following uses are permitted in any R-1 District: occupancy of a principal or accessory building; home occupation, as defined in § 145-29; and rental of a principal building subject to the provisions of Chapter 118, Taxation, Article III, Tax on Gross Rental Receipts, of this Code, and this chapter; provided, however, that any advertisement or other means of holding out to the public that the applicable property is available for occupancy under terms which are in violation of this chapter or Chapter 118, Taxation, Article III, Tax on Gross Rental Receipts, of this Code shall establish a compelling inference that the property is in fact being used in violation of such ordinances.
§ 145-27 (Reserved) [1]
[1]
Editor's Note: Former § 145-27, Prohibited uses, was repealed 3-14-2014 by Ord. No. 171-13.
§ 145-28 Uses permitted as special exceptions.
The following are permitted as special exception uses:
A.
Schools, public or private; churches and other places of worship; hospitals, libraries, playgrounds, parks and buildings operated on a noncommercial basis for recreational purposes only, provided that no such recreational facilities may be constructed closer to any adjoining property line than 100 feet; other public buildings, public service buildings, public utilities and private utilities, all subject to approval by the Board of Adjustment.
B.
Temporary structures to accommodate the requirements of physically handicapped persons; provided, however, that any such structure shall be the minimum necessary to meet the clearly described and defined needs of the physically handicapped person, as determined by the Board of Adjustment. Such structure shall require a building permit, the application for which shall be referred to the Board of Adjustment. The customary application fees for a building permit and for review and hearing before the Board of Adjustment shall be waived. When the need for such temporary structure no longer exists, the Code Enforcement Official or Town Manager shall require the restoration of the property to conform with the dimensional setback requirements of Article X of this chapter.
[Amended 2-8-2002 by Ord. No. 106-01]
§ 145-29 Home occupations.
Home occupations are permitted in an R-1 District subject to the following limitations:
A.
Such occupations, including professional services, may be conducted solely by residents of the dwelling, provided that:
(1)
No more than one person not a resident of the dwelling may be employed.
(2)
No more than 900 square feet or the equivalent of the first floor area of the dwelling, whichever is smaller, may be used for such purposes.
(3)
The livable floor area for the dwelling shall remain not less than that required under other provisions of this chapter.
(4)
No display of products or advertising of services may be visible from a street or waterway.
(5)
No machinery or other equipment may be used which result in interference with radio or television reception or that emit sounds which are audible from the abutting street.
(6)
Such home occupations may not reduce the parking and yard requirements imposed by other provisions of this chapter.
(7)
The residential character of the building shall not be changed.
(8)
The home occupation shall be conducted entirely within the principal building.
B.
A home occupation may include, by way of description and not by way of limitation, art studios, craft workshops, seamstress/tailor/dressmaker, professional offices of a physician, dentist, lawyer, architect or accountant. However, by way of description and not by way of limitation, permitted home occupations shall not be interpreted so as to include barbershops, beauty parlors, real estate brokerage, real property management, restaurants, snack bars, food or beverage dispensers of any kind, nursing homes, hotels, motels, rooming houses or other commercial rental of rooms.
C.
All home occupations shall be required to obtain a special use permit from the Town Council after a public hearing, which shall be conducted after due notice to the Town residents in accordance with § 145-58B(2) of Article XV, setting forth the nature and location of the proposed home occupation.
[Amended 1-9-1998 by Ord. No. 68-97]
§ 145-30 Permitted signs.
[Amended 2-8-2002 by Ord. No. 106-01; 3-14-2014 by Ord. No. 171-13]
The following signs are permitted in the R-1 District:
B.
Signs for maintenance, repairs, painting, or similar activities are allowed only when work is in progress. Signs shall be removed upon completion of work. One sign for each permitted use. Such signs shall not exceed 720 square inches in area and, if freestanding, shall not exceed three feet above the ground. Height measurement shall be made from ground level to top of sign.
C.
Two freestanding signs, no larger than 720 square inches in area nor higher than three feet above ground (height measurement shall be as per Subsection A), advertising the sale or rent of such property. Sale signs shall be removed upon closing, and rental signs shall be removed when property is no longer offered for rent.
D.
All other signs, in conjunction with residential usage, shall not exceed 720 square inches in area.
E.
Nonconforming signs shall be removed within 15 days of written notification by the Code Enforcement Official or Town Manager. Such notification shall be by certified mail, return receipt requested.