Should existing awnings, canopies have to pay in Rehoboth?

Rehoboth Beach commissioners continued discussion on new regulations related to awnings, canopies and marquees that encroach on city property during a workshop Feb. 6. There’s consensus on requiring the building owners or businesses to register such structures, but it’s not yet clear if they’ll also have to pay fees.

City officials began discussing language in January at the request of the city’s building department. There are a number of large redevelopment projects proposed that include awnings, canopies and marquees as part of the design. The building department pointed out that the city doesn’t have any code related to these structures – definitions, minimum design standards, fees, license agreements, etc. 

As proposed, there would be a fee of $325 per request, an annual administrative fee of $30 and an annual fee that would be determined by commissioners. 

Near the end of a 90-minute fine-tuning session, Commissioner Tim Bennett asked a clarifying question as to who would be required to pay fees.

Mayor Stan Mills said, as it’s currently written, everyone would be – new and existing.

Commissioner Toni Sharp said she’s not up for a fight with a commercial business that has been operating for a long time.

“I thought we were going forward,” said Sharp. “When you don’t have anything, it’s not the accountability of the property owner or the business.”

Mills said the large part of this is going forward and addressing the new structures that are coming. However, he said, there’s still a desire to have the existing structures registered in the name of health and safety.

Bennett said he’s in favor of grandfathering existing structures and not requiring fees.

Rehoboth Beach-Dewey Beach Chamber of Commerce President and CEO Carol Everhart said she thinks it is unfair to charge existing buildings or to force businesses that currently have awnings to remove them.

There was also discussion on who should approve the licenses for the decorative features – city staff or the commissioners. 

Commissioner Edward Chrzanowski said he thought it should be handled administratively, with the city manager having the power to revoke a license. It can come to the commissioners later if necessary, he said.

As proposed, there is language requiring plans drawn to scale, prepared by a Delaware-licensed architect or engineer. Commissioners discussed if that would be too cumbersome. Commissioners and city staff generally agreed to work on language that would also allow professional signage companies to provide a plan.

Commissioners discussed exactly how the annual fee would be determined.

Recognizing the encroachment on city property, Chrzanowski said the fee should still be minimal because the structures provide shade and protection from foul weather to the benefit of the city.

Commissioners are expected to resume discussion at their workshop Monday, March 6.