Share: 

Dewey commissioners seek to define tents

Planning and zoning commission to review draft ordinances Jan. 21
December 29, 2022

After some previous discussions regarding the possible definitions of tents and their permitted uses in the business district, Dewey Beach commissioners voted unanimously Dec. 16 to refer draft ordinances to the planning and zoning commission for review.

Commissioners first discussed an ordinance to amend town code to define a tent. The draft ordinance states that a tent is a structure with a membrane or fabric roof that is attached to the ground, deck, patio or similar structure.

Further, a tent is anchored for support and safety and is enclosed or will be enclosed on one or more sides by a roll-down or attached flexible, clear material. Construction of a tent must meet town and county building requirements, and have fire marshal approval, where required, the draft states.

In response to a question from Highway One attorney Stephen Spence regarding the source of the definition, Building Official Daune Hinks said the definition was created by Assistant Town Manager Jim Dedes based on recommendations received from the state fire marshal and fire codes.

Commissioner Gary Persinger said he had some specific concerns regarding clarification of definitions and redundancy in code that he would like the planning and zoning commission to explore. For instance, tents are referred to in the definition of a structure, which may also encompass a canopy, he said.

Both require building permits, Persinger continued, and questioned what would happen if they are moved for a special event. He said it was his understanding that the only way for a nonconforming property to erect a tent would be to go to the board of adjustment, but that it didn’t seem clear that putting a cover over an outside service area is an addition, so he was not sure why the request would need to go to the board.

“I raise these not because I’m trying to put up roadblocks for putting up canopies or tents,” Persinger said. “I would just like it to be clear and consistent. I want to make sure that we’re able to do this. I think either a tent or canopy is a good thing for the public. I think it helps people enjoy these outside service areas in a much more beneficial way for them.”

Commissioners voted unanimously to send the draft ordinance to planners with Persinger’s comments, and then voted unanimously to also refer to planners an ordinance to amend town code to permit tents over outside service areas in all Resort Business districts. 

This proposed ordinance would add new language in the zoning code to state that tents covering conditional-use-approved outside service areas or existing nonconforming outdoor services are permitted, subject to building code, fire marshal and setback requirements in all Resort Business districts.

The planning and zoning commission is set to hold a public hearing and meeting on the draft ordinances at 10 a.m., Saturday, Jan. 21 at the Lifesaving Station, 1 Dagsworthy Ave.

 

Subscribe to the CapeGazette.com Daily Newsletter