Rehoboth adopts zoning map

The Rehoboth Beach commissioners adopted a new zoning map, voting 4-1. The adoption of an official zoning map was spelled out in the city’s 2004 comprehensive development plan. The commissioners were to have voted on the map in November but the vote was postponed in order to make the map more widely available to the public.

The only dissenting view at the Dec. 18 commissioners meeting came from attorney Gene Lawson of The Lawson Firm. Unable to attend the meeting, Lawson submitted a letter outlining four problems.

First, Lawson said, the city should use, as the basis for the map, the original lot layouts of the city, with no regard for mergers or partitioning, information he said is not required or helpful in determining zoning boundaries and could be used for unintended purposes.

Second, he said all references on the zoning map to Sussex County tax map numbers should be deleted. Lawson said the inclusion of tax map numbers without an accurate depiction of the referenced parcels is misleading and counterproductive.

“While it would appear logical for a zoning map to portray all lands within the city accurately, the city has never been inclined to acknowledge the title to private property as described and recorded in the Office of the Recorder of Deeds for Sussex County,” he wrote.

Lawson said the map should be edited to show all city-owned property without zoning designation. The map does not show a zoning designation for the city’s municipal buildings, but city-owned land has a zoning designation.

Finally, Lawson said there are a number of parcels along Silver Lake owned by the state or by private individuals that are unmarked on the map. According to city code, lands that are not shown within any zoning district are to be deemed open space. However, on previous zoning maps, these lots have been designated residential.

“While I do not believe this conflict matters with respect to lands owned by the state of Delaware, it is certainly a concern if privately owned land is zoned or rezoned by the adoption of a new zoning map without notice or due process to the property owners,” Lawson said.

Addressing Lawson’s first two points, City Solicitor Glenn Mandalas said the zoning map is all about zoning and not about property values.

“I’m not concerned about the fact that this map shows property boundaries or tax parcel IDs and that our map may not show exactly the same property boundaries as Sussex County’s might show. A zoning map is strictly and solely for zoning, and neither the city nor any property owner should rely upon it for purposes of demarcating or finding property boundary lines,” he said.

Mandalas said including the tax parcel IDs was an effort to provide building and licensing with a helpful reference for finding lots.

Mayor Sam Cooper said the map could be generated on a computer without showing tax ID numbers.

He also reiterated the tax numbers do not relate directly to the zoning.

Mandalas said there is a disclaimer on the map that states the map is only for the purposes of zoning.

On Lawson’s third point, Mandalas said Lawson is referring to the new building and licensing complex on Rehoboth Avenue, which is shown as zoned commercial. Cooper said by leaving the property zoned commercial, it prevents the city from having to rezone the property should the city ever want to sell it.

Finally, regarding Lawson’s last point, Cooper said he didn’t disagree, but he thought the city was justified in having the unmarked parcels around Silver Lake as open space. He said the fear on the city’s part was someone cobbling together enough square footage around the lake to build a house.

Still, Commissioner Stan Mills, who cast the only no vote, said this issue made him uncomfortable voting on the map.

“We have to resolve this issue. Are we effectively changing the zoning by coloring the map in?” he said.

Commissioners Pat Coluzzi, Willis Sargent and Dennis Barbour, along with Cooper, did feel comfortable going ahead and adopted the map, which was signed by Cooper. The map will be located at the building and licensing office, 306 Rehoboth Ave.