Dewey further considers accessory structure ban in front of houses

In a unanimous vote March 20, Dewey Beach Town Council re-referred to the planning & zoning commission a potential ordinance to prohibit accessory structures from being located in front of homes or other primary structures.

An accessory structure is defined as a structure on the same lot with the principal structure. Common examples include swimming pools, sheds, patios, decks, freestanding garages, pergolas, privacy fences and children’s playhouses.

The ordinance also provides a definition of front buildable area: the portion of a lot lying between the foremost façade of the primary structure and the required front-yard setback line, excluding the required front yard itself. It includes any part of the buildable envelope situated forward of the foremost façade of the primary structure.

The draft was first introduced at a March 3 planning & zoning meeting by Chair Dave Lyons as an amendment to a separate, but related, proposed ordinance regarding the location of accessory swimming pools and fences. The commission voted at that meeting to send the amendment to the council as a standalone ordinance for discussion and consideration.

During the March 20 council meeting, one resident raised concerns about the procedure through which the ordinance was introduced, saying the town should have notified the public about it by listing it on the agenda for the March 3 planning & zoning commission meeting.

“I think it’s really dangerous that we’re trying to proceed with such a major zoning code change that wasn’t legally noticed on the agenda or [in] any papers,” resident Marcia Schieck said.

However, Town Attorney Fred Townsend dispelled any legal concerns. As he explained, the ordinance was originally proposed in the form of an amendment to another ordinance on the agenda. It would have been in order to consider that amendment, but the commission decided to instead discuss it as its own ordinance, consequently sending it to council to consider re-referring it back to the commission for a recommendation.

If any action is taken on the ordinance, it will not be until after at least two duly noticed public hearings – one by planning & zoning and one by council.

“There is no credible contention that the town cannot entertain a ban of swimming pools and other structures in the buildable envelope of the area in front of a main dwelling after holding two public hearings on the subject,” Townsend said. 

Schieck also expressed major concerns about the substance of the ordinance.

“I consider [this] a taking of personal property rights,” she said. “I believe it just goes too far.”

Many of the older houses in town, Schieck said, are built far back within their lots.

“People might have 20 feet in front of their house, then the 18-foot setback,” she said. “If you look at this ordinance, you’re now going to impose a 28-foot front-yard setback for them.”

“If someone owns a cottage that’s pushed all the way back, and they have no backyard, you are essentially telling them, ‘You really can’t use your front yard except for a couple lounge chairs,’” Schieck continued. “‘You can build a house there, but you can’t build anything else to enjoy the front of your yard.’” 

She said this ordinance is a major zoning change that should not be considered lightly.

Another resident, David Moskowitz, asked the town to consider how this ordinance would take into account different property types.

“There are already existing properties with pools located in front yards, including several townhomes within my community,” Moskowitz said. “A blanket ordinance does not reflect the reality of existing conditions in Dewey, [and] I think it needs to be approached where perhaps single-family properties are treated differently than all property types.”

Commissioner Gary Persinger and Mayor Bill Stevens agreed.

“I think the public should weigh in because there are some people who have different lot configurations and whatnot,” Commissioner David Jasinski said.

He urged the planning & zoning commission to consider public input and think about what is in the best interest of the public at large.

At some points, the discussion got heated, leading Stevens to restore order.

“I ask that everyone understand that just because you don’t like it doesn’t mean it’s wrong, and we need to be very human about this and civil,” Stevens said.

Council also discussed a related draft ordinance regarding the height of pool fences and the location of accessory swimming pools and fences.

Council did not take action on this item, as it was listed for discussion only.

For a recording of the meeting or to view any of the meeting materials, including copies of the draft ordinances, go to townofdeweybeach.gov/events/42903.