The ordinance, which passed 6-1, would only apply to lots in a major subdivision.

City code will still mandate that, except for lots fronting an approved, short dead-end street, each lot must front a street at least 50 feet wide.

The new legislation amends this law to state that a lot can front on an existing street at least 40 feet wide where the frontage is part of the frontage of an area that was previously subdivided.

City solicitor Glenn Mandalas said, “The area had to have been subdivided into lots with no more than 100 feet of frontage on the street.

“Even a farm is a ‘subdivision’ from some larger piece of land. This ordinance is only applicable to areas that have been subdivided into what would be considered average or slightly larger than average lots in Rehoboth Beach.”

The genesis of the ordinance came during the planning commission’s review of a major subdivision application for the Oak Grove Motor Court. Oak Grove engineers had measured the road as being 40 feet wide. During the course of its review, the commission found that Canal Street, which runs along the rear of the property, was more than 50 feet wide in two places, meaning some of the lots would have to front Canal Street.

The Rehoboth planning commission proposed a code change as a way to address what it called “ambiguities” in the code relating to existing streets in major subdivisions.

Although he voted for the motion, Mayor Sam Cooper, while not coming out for or against the Oak Grove subdivision, lamented the fact that the Oak Grove project has not been looked at it in its totality to resolve all issues.

Commissioner Stan Mills cast the only “no” vote, saying, “I don’t believe the code is ambiguous.”

Mills also said he was not going to succumb to threats to use the Oak Grove property for condominiums.

Commissioner Kathy McGuiness said, “This is city-wide. Not for anybody specific. This is a good thing for the entire city.”