Rehoboth sets public hearings for gross floor area calculations

After more than a year of discussion, Rehoboth Beach commissioners set public hearing dates for two ordinances revising how gross floor area is calculated during their meeting Jan. 15. The hearings have been set for the commissioners meeting Friday, Feb. 19.

The first ordinance revises the definition of gross floor area by providing specific inclusions and exclusions in the definition of gross floor area for single-family and two-family dwelling units.

As proposed, gross floor area in single-family and two-family dwelling units includes the floor space of all habitable areas, including basements, that have a finished height above 6 feet, 6 inches; covered porches, balconies, decks and patios; fully enclosed interior courtyards, atria, walkways and corridors; storage and equipment spaces that are roofed, enclosed on all sides and have a finished height at or above 6 feet, 6 inches; covered parking, carport, garage, porte-cochere at or above grade; parking area located below finished grade of habitable space; all interior stairwells and stairhalls, on all levels, above grade; and elevators, elevator equipment rooms and elevator shafts.

As proposed, gross floor area in single-family and two-family dwelling units excludes uncovered decks, balconies, porches and platforms; and attics with an access hatch and pull-down stairs where the finished height is less than 6 feet, 6 inches.

The second ordinance excludes underground parking areas in the commercial districts from gross floor area for purposes of calculating floor area ratio and determining off-street parking space requirements.

This ordinance goes about doing this by first defining underground parking area as an area containing one or more parking spaces and travel lanes, used as a lot or garage for the parking or movement of motor vehicles where no parts of the parking structure, except accessways, are above sidewalk level or above the undisturbed ground level of adjacent properties. The ordinance then excludes underground parking areas from gross floor area.

Board of adjustment decisions spurred both of these proposed changes.

For single-family and two-family dwellings, BOA decisions on how gross floor area should be calculated in the city’s commercial districts inadvertently created a number of nonconformities in the residential zoning districts. The proposed ordinance attempts to modify city code so the term gross floor area is interpreted for commercial and residential construction as it was interpreted for residential construction prior to the issuance of the board of adjustment decisions.

As for underground parking in the commercial district, the proposed ordinance came after the BOA twice approved variance requests to remove underground parking from gross floor area for proposed hotels.

Public hearing set for changes to wireless facilities code

Commissioners have also scheduled a Feb. 19 public hearing on changes to city code related to its wireless facilities ordinance. Generally, the proposed changes amend the wireless communications facilities ordinance to include additional public notice provisions, and aesthetic and health-related safeguards.

As proposed, wireless providers will have to include modeling of radiofrequency emissions from each proposed antenna showing compliance with all applicable standards from the Federal Communications Commission; signage at a proposed site will have to be posted within five days of an application, there will be a mailing to every property within 200 feet of a proposed location, and all applications will be posted on the city website including scale drawings, a map of existing and proposed wireless facilities, and a list of all other feasible locations with 100 feet of the proposed site. 

A number of these changes came at the request of the city’s Environment Committee.

Changes made to FOG, solid waste ordinances

Commissioners also unanimously approved changes to the city’s ordinances related to restaurant disposal of fats, oils and grease, and solid waste.

Beginning with the FOG ordinance, changes include a definition for fats, oils and grease; a section requiring designs, installation, operation and maintenance of grease interceptors for new construction or renovations to be in accordance with locally adopted plumbing codes or other applicable ordinances; a section requiring a maintenance log with a specific list of information; a section requiring cleanouts by a licensed sewage handler before the combined depth layer of the floating FOG and settled solids total more than 75 percent of the operating capacity of the grease unit; a section saying grease waste must be contained and that a secondary containment is required for on-site grease waste storage. Finally, there are changes to enforcement of violations, which include suspension of business license and $200 fines.

As for the city’s code related to solid waste, commissioners approved changes to the definitions of bulk storage container, construction and demolition waste, and commercial establishment or commercial business. Changes also include saying recycling materials are defined by the Delaware Solid Waste Authority, a definition of valet services, changes to containers and weight limits of those containers, an increase in the fine to $100 for violating the ordinance, and updates to the standards for bulk storage containers for businesses on the Boardwalk.

In both instances, the FOG ordinance and the solid waste ordinance, changes became effective immediately upon passage by the commissioners.