Dewey talks amending zoning code for pools, pool fences
Dewey Beach Town Council voted Jan. 16 to refer to the planning & zoning commission a draft ordinance to amend code related to the zoning of swimming pools, pool fences and required yards.
“This is not meant to be a substantive change to the code,” town attorney Fred Townsend said. “[It] is an attempt to clarify the code.”
The draft clarifies that the existing height restrictions for hedges, fences and walls located in required front yards also apply to pool fences that are required to surround accessory swimming pools.
Hedges, fences and walls are permitted in a required front yard only if they are less than 3.5 feet tall and located at a distance from the street line equal to the required depth of the front yard. Fences in other areas of the property are permitted to be up to 7 feet in height.
Pool safety fences, which are required for every pool, must be at least 4.5 feet tall. Thus, since they exceed the 3.5-foot limit, they are prohibited from being in a front yard.
An important caveat
Pools and their surrounding walkways and fences can still be located in front of a house, so long as they are not extending into the required 18-foot front-yard setback.
A standard 50-by-100-foot lot has the following setbacks: 18 feet in the front, 8 feet on each side and 12 feet in the rear. That leaves a buildable area of 34-by-70-feet.
If a house is built far enough back within the buildable area, then a pool and its surrounding walkway and fence could fit in front of the house, still completely within the buildable area, without encroaching into the 18-foot front setback.
By sending the draft ordinance to planning & zoning, council is not approving it, but rather seeking input and recommendations. It is also looking for input from the public.
For a copy of the draft ordinance or a link to a recording of the Jan. 16 meeting, go to townofdeweybeach.gov/events/41330.
Ellen McIntyre is a reporter covering education and all things Dewey Beach. She graduated with a bachelor’s degree in journalism from Penn State - Schreyer Honors College in May 2024, then completed an internship writing for the Pittsburgh Post-Gazette. In 2023, she covered the Women’s World Cup in New Zealand as a freelancer for the Associated Press and saw her work published by outlets including The Washington Post and Fox Sports. Her variety of reporting experience covers crime and courts, investigations, politics and the arts. As a Hockessin, Delaware native, Ellen is happy to be back in her home state, though she enjoys traveling and learning about new cultures. She also loves live music, reading, hiking and spending time in nature.
