2023 City Updates

July 2023

Mayor and Commissioners

  1. Reach Out Rehoboth. Lynne Coan has announced a new communication tool that the City will be using. The following is from Ms. Coan’s communication on the topic: “The City of Rehoboth Beach will launch a new digital engagement platform, called Reach Out Rehoboth, within the next couple of months. The platform allows the city to share information about key projects and provides tools that let residents, businesses, visitors, and other stakeholders offer feedback, share ideas and opinions, and ask questions. Because this information exchange is online, it’s always accessible, convenient, and inclusive. It offers increased visibility and understanding of projects and issues while also allowing the city to “listen” and interact electronically and to demonstrate the impact of community contributions.”
  2. Backflow Prevention. The State of Delaware is implementing a new rule regarding water service backflow prevention devices. New homes, statewide, will be required to have backflow protective mechanisms. Homeowners who have an existing irrigation and/or a fire suppression system will be required to provide the City with a report, completed by a professional plumber, annually starting in February, 2024. The City expects to provide homeowners with complete information in October, 2023.
  3. Basements. The public hearing on a proposed Code revision is happening later this same day (Note: this discussion was occurring on July 21 which coincided with the Board of Commissioners meeting). After discussion, the RBHA Board agreed to send an email immediately to the Mayor and Commissioners requesting they defer a vote on any proposals regarding the ceiling heights of basements until our members have had an opportunity to provide their input. The email was sent immediately following the conclusion of this RBHA Board meeting. (Note: Commissioner Sharp, in her comments at the meeting discussing basement ceiling heights, credited the RBHA Board with helping to persuade her that a decision on this issue at that time would be premature.)

Planning Commission

No Planning Commission updates were available as of July 21, 2023.

June 2023

Mayor and Commissioners

1. Parking Code Requirements (June 16 Regular Meeting, July 21 Public Hearing). A limited proposal to clarify some specific portions of the code for commercial parking was discussed at the Regular Meeting of June 16, and a date was set for a Public Hearing to consider the proposed changes. The code contained some confusing language, particularly in the use of terms such as “same as above” as you moved through subsections. The intent was to revise the Code to address minimum parking spaces for certain uses. On July 21, 2023, a proposal to clarify some sections of the parking requirements for commercial establishments was reviewed by the Board of Commissioners, including public comment and commissioner discussion. An example of the simplification includes removing the requirement for hotels and motels to provide two spaces for the resident family. The new language simply adds two spaces to the existing formula which also specifies one parking space for each rental unit. The Board of Commissioners passed the revisions of the commercial parking code sections.

2. Tree Code Revision (June 16 Public Hearing). The Public Hearing regarding the proposed tree ordinance was held on June 16, 2023 as a part of the Regular Meeting agenda. Public comment and written submissions were considered by the commissioners, including the letter of support sent by the RBHA Board of Directors. Following the hearing and discussion, the Board of Commissioners voted to accept the revisions to the City Tree Code.

3. Rezoning Requests Pending (June 16 Regular Meeting, July 21 Public Hearing). Following separate and independent public hearings conducted at the June 16th Regular Meeting, the requests by the two respective property owners to rezone their two C-3 (commercial) lots/properties on Scarborough Avenue to R-1 (residential, single family) were approved by a vote of the Board of Commissioners. The request by the owners of Rehoboth Auto to change the zoning of an adjacent lot and residential building from C-3 to C-1 was deferred to the July 21 Regular Meeting. On July 21, a Public Hearing was held to consider the Rehoboth Auto rezoning application. The owners had requested the change to allow them to build a new service bay on a lot recently purchased and adjacent to their current business. The rezoning was requested as service bays are a use that is not available in the C-3 zone but would be in the C-1 zone. The Board of Commissioners denied the request by a vote of 1 in favor and 6 against. Reasons to support the change to a more intensive use zone included supporting a business that is providing a needed service to the community and that the need for that service is increasing. Some reasons against the request included the current residential use of the property, the proximity of R-1 homes and lots, and the changing nature of the neighborhood as it migrates from mixed commercial and residential to more and more residential uses. It should be noted that the abutting neighbors had filed a petition objecting to the proposed change, triggering a section of City Code requiring a super-majority of ¾ (six votes) to pass the requested zoning change. The use of the supermajority in this part of the Code implies that the citizens of Rehoboth desired that a high bar be set when considering rezoning requests, especially in the face of opposition from neighboring properties.

4. Basements (June 5 Workshop Meeting, June 16 Regular Meeting, July 21 Public Hearing). On June 5th, the Assistant Building Inspector made another presentation to the Board on the topic of basements, continuing the consideration of clarifying specific City Code language related to the definitions of Basement and Crawlspace, as well as dimensions that would or would not qualify for the 1,000 square foot FAR basement exemption for non-habitable space. In summary:

a. City staff recommends revising language in City Code sections §270-4 and §270-21.B.(c) to include all basements at or above 6 feet, 8 inches in FAR calculations.

b. Bathrooms, toilet rooms, and laundry rooms in basements will continue to be included in FAR calculations.

c. As an alternative to (a., above): Revise language in city code sections §270-4 and §270-21.B.(c) to exclude all basements between 6 feet, 8 inches and less than 7 feet in FAR calculations.

d. City staff recommends deleting City Code Section §102-51 in its entirety. This would require habitable basements to be built to a height of 7’ rather than 8’, which is consistent with ICC standards.

e. Basements have certain life safety requirements that crawl spaces do not. Currently, there exists confusion between a 6’6” basement and a crawl space, leading to fully finished, oversized crawl spaces with no smoke/carbon monoxide detectors/alarms nor emergency escape and rescue openings. City staff propose expanding on the definition of “basement” and defining “crawl space” in §270-4 to avoid future confusion and to distinguish a crawl space from a basement.

At the Regular Meeting on June 16th, a draft ordinance was reviewed by the Commissioners incorporating the recommendations of the city staff. A Public Hearing date was set for July 21, 2023. A Public Hearing was held on July 21, 2023 as a part of the Board of Commissioners Regular Meeting. The hearing included public comment and review of written input from the public including a letter from the RBHA Board of Directors requesting the commissioners delay any decision to allow an opportunity for our membership to review and comment on the draft code revisions. Following discussion among the commissioners, the proposed revisions failed by a vote of six to one. The vote leaves the above-mentioned ongoing issues unaddressed, leading to an expectation that discussions will continue in the future.

5. Preparing for the New State Law Regarding Cannabis (July 10 Workshop Meeting). At the July 10 Workshop Meeting, the commissioners had an initial review of the draft revision to the existing Code regarding smoking. The proposed language includes “Smoking marijuana, any other matter or substance that contains marijuana, shall be prohibited at all times in all outdoor public places within the territorial limits of the City of Rehoboth Beach. Nothing contained herein shall permit the use or possession of any “Controlled Substance defined under 16 Del. Code, Chapter 47 “Uniform Controlled Substances Act.”” Discussion of the proposed code changes to address marijuana consumption will continue at the Board of Commissioners Workshop Meeting scheduled for Monday, August 7, 2023. In addition to the possible revisions to the smoking code discussed above, the Board of Commissioners is considering adopting a new ordinance regarding the manufacture and sale of marijuana. The proposed language would prohibit the cultivation of marijuana, marijuana testing facilities, and retail marijuana stores.

6. Backflow Prevention Program (July 10 Workshop Meeting) The State of Delaware has regulations regarding the protection of drinking water supplies through the residential and commercial use of Backflow Prevention Devices (BPDs). The state regs have deadlines for local compliance. The deadline is this February, 2024. While this topic was initially introduced to the Board of Commissioners by city staff in calendar year 2019, the pandemic is being credited for the delay in addressing this state-mandated regulatory requirement. The state regs discriminate between Low Risk and High Risk water customers. Low risk customers are homes that have only routine water usage, generally for consumption inside the house. High risk customers include residences with irrigation systems, fire suppression systems, irrigation wells, pools and/or spas singly or in combination. The City has nearly completed a records review to determine to which category the City’s water customers, both residential and commercial, belong: low or high risk. It was not clear from the discussion whether every customer will be notified of their status. What is clear is that customers who are High Risk will be notified, possibly in late Fall 2023. Currently, the City has BPDs as a part of all of our residential water meters. City administration believes that this will be sufficient for most, if not all, Low Risk residential customers. High Risk customers will be required to have their BPDs inspected annually by an appropriately certified plumber at their own expense. An example would be the BPD initially installed or added to a home irrigation system. The cost of the annual required inspection is estimated to be $100.00 per residential customer. This fee will include an amount that will be collected by the City, as required by the State, to fund the cost of the supervising contracted vendor. After discussion, it was determined that the draft Code revision below would be discussed at the Regular Board of Commissioners Meeting scheduled for September 15, 2023.

Link to Cross Connection Control Plan: https://cityofrehoboth.civicweb.net/document/93959/City%20of%20Rehoboth% 20Beach%20CrossConnection%20Control%20Pl.pdf?handle=F4433605A2B6420B9A26776068A D8692

Link to Draft Code Revision: https://cityofrehoboth.civicweb.net/document/93960/Draft%20Ordinance%20re %20Water%20Backflow%20(v.1)%20%2003%20Jul%202.pdf?handle=CBAAFF61943140AAB6178DA7465D5AF3

Link to video of presentation to the commissioners (at about 3:00 hour mark, approximately 20 minutes long including commissioner discussion): https://cityofrehoboth.civicweb.net/document/93928/?splitscreen=true&media= true

Planning Commission

1. Bellhaven Hotel (June 9 Regular Meeting, July 14 Regular Meeting). The Preliminary Site Plan Review process continued June 9th. Planning Commission members again cited multiple concerns with the current proposal especially whether one loading dock on Wilmington Avenue was sufficient for the needs of both the hotel and retail spaces on the property. The developer restated the belief that Code is ambiguous regarding requirements for loading docks and feels that one dock is sufficient for the total needs across the various functions of the property. Some members of the Planning Commission continued to question aspects of the site plan and voice concerns regarding code compliance and whether additional variances may be required. The developer continued to state that they had no plans to go back to the Board of Adjustment and were committed to modifying the site plan to assure code compliance.

On July 14, the Building Inspector provided an updated report on the Bellhaven application. Members of the Planning Commission expressed concerns regarding some of the opinions of the Building Inspector, including the relevance of precedents such as First Street Station having been required to have two loading docks for approval. The developer continued to assure the Planning Commission of their commitment to presenting the Planning Commission with a code compliant site plan and restated they believed no additional variances would be needed from the Board of Adjustment. Abutting neighbors continue to have concerns, including potential impacts on the stability of their buildings because of underground water pressures on foundations and the expectation that such pressures would be increased by the addition of a second level of underground parking.

2. Atlantic Crown (June 9 Regular Meeting). The developer continued their presentation of the Project Concept Review, which is an informal first conversation regarding a development proposal. There were some adjustments that had been made in response to feedback and questions from members of the Planning Commission, but no major changes as the developer had made efforts to comply with existing codes from the outset. There remain some questions about the layout of parking, and the relationship between multiple properties controlled by the same owner and possibly sharing some parking space. It is expected that the developer will return for a formal Site Plan Review in the near future.

May 2023

Mayor and Commissioners

  1. Hotel Parking (May 8 Workshop Meeting). Proposals from the Planning Commission were discussed that would have increased the parking requirements for new hotels. Proposed changes included requiring 1.2 parking spaces per hotel room, 1.0 parking spaces per 250 square feet of meeting/event space, and 1.0 parking spaces per 250 square feet of office space. Following discussion, the Board of Commissioners declined to move forward with the recommendations of the Planning Commission. The Board of Commissioners will consider amending current hotel parking code requirements to clarify that the two parking spaces currently required for a residential manager/family will continue but be simplified as an outright requirement for two spaces in addition to the existing 1.0 formula for guest rooms.
  2. Tree Code Revision (May 8 Workshop Meeting; June 5 Workshop Meeting). The link below will take you to the agenda for the June 5 Workshop Meeting Agenda with embedded links to the drafts and support materials for the proposed Tree Code revision. The Board of Commissioners will vote on the draft Tree Code during the regular Board of Commissioners meeting scheduled for June 16, 2023. While some parts of the Code appear to have been simplified or made less challenging for homeowners, such as replacing or mitigating trees removed, others parts have become more complex, including requirements for Tree Plan submissions and the appeals process for decisions made by the Parks and Shade Tree Commission.
  3. Rezoning Requests Pending (May 19 Regular Meeting). One commercial property on Coastal Highway has requested a change of one lot from C-3 to C-1. Two homeowners have each requested their respective lots be changed from C-3 to R-1, reflecting the actual use of the two properties. After discussion, it was determined to schedule public hearings for all three requests on June 16, 2023 during the regular meeting of the Board of Commissioners. The business request to move from C-3 to C-1 will be heard first, followed in turn and separately by the two individual requests for change from C-3 to R-1.
  4. Basements (May 19 Regular Meeting). The Assistant Building Inspector made a fourth presentation to the Board on the topic of basements, with a focus on clarifying specific City Code language related to the definitions of Basement and Crawlspace, as well as dimensions that would or would not qualify for the 1,000 square foot FAR basement exemption for non-habitable space. In summary:
    1. Basements up to but not exceeding 6’8” and not habitable space will not be counted in FAR calculations.
    2. Basements exceeding 6’8”, even marginally, will be included in FAR calculations.
    3. Basements that have a minimum height of 7’0” and do not exceed 7’6” will qualify for the 1,000 square foot exemption available for nonhabitable basement space.
    4. Crawlspaces must not exceed 48” in height.
    5. Crawlspaces may be required to have emergency access and egress as well as smoke detectors as otherwise required in living spaces. This will be a future discussion.
    6. All of the above are proposals for continued discussion and potential action at a future meeting.
    7. A draft ordinance is to be provided for discussion at the workshop meeting on July 10, 2023.
  5. Preparing for the new state laws regarding cannabis (June 5 Workshop Meeting). City Manager Christian introduced a conversation about preparing for the arrival of legal cannabis. The focus was on use in public spaces, particularly through vape or smoke. The consensus of the Board is to consider a revision of the Smoking Code that will align with the requirements of the new state law. State law prohibits the public consumption of cannabis through smoke or vape in all public spaces as well as certain areas leading to public space. Dispensaries were not discussed. A draft Code revision will be prepared for the consideration of the board at the July Workshop meeting.

Planning Commission

  1. Bellhaven Hotel (May 5 Regular Meeting). The Preliminary Site Plan Review process continued. Planning Commission members cited multiple concerns with the current proposal especially whether one loading dock on Wilmington Avenue was sufficient for the needs of both the hotel and retail spaces on the property. Public comments included ongoing concerns about effects on abutting neighbors including noise and trash containment. The proposal does include a trash containment area that is fully enclosed within the building. The developer believes that Code is ambiguous regarding requirements for loading docks and feels that one dock is sufficient for the total needs across the various functions of the property. The Preliminary Site Plan Review was not completed and will be continued at a future meeting.

April 2023

Mayor and Commissioners

  1. Variances Issued by the Board of Adjustment. At the regular meeting of March 17, 2023, the Board of Commissioners set a hearing date for April 21, 2023 at 2:00 pm to receive public input for proposed changes to Code regarding variances for commercial projects requiring Planning Commission review.
  2. Basement Heights. Part 3 of the presentation from Building and Licensing was made on April 11, 2023. The Department recommends changed in Code to:
    1. Remove references to basement heights of 6’6” to remove conflicts within Rehoboth Code and align with 2018 IRC.
    2. Remove references to basement heights of 8’ to eliminate conflicts within Rehoboth Code.
    3. Revise Code to specify that non-habitable basement space must be not less than 6’6” or not more than 7’. Non-habitable space may provide space for mechanicals, bathrooms, toilet rooms and laundry facilities. Such space will not be included in FAR calculations.
    4. Revise Code to specify that habitable basement space be a minimum measured height of 7’, consistent with 2018 IRC Discussion will continue at the May Board of Commissioners Workshop meeting.

Planning Commission

No updates as of the deadline for the April 15, 2023 meeting of the RBHA Board of Directors.

March 2023

Mayor and Commissioners

  1. Rezoning Request Process. Discussion continued at the Regular Mayor and Commissioners meeting on February 17th regarding appropriate procedures to follow when a property owner requests a rezoning. Communication with the state established that it would be necessary for the state to first review the request as a PLUS Review. Plus Review is a mandated state-level committee that reviews and approves our Comprehensive Development Plan and advises local governments on land use and zoning issues. This Plus Review in this case would allow a discussion of the request in the context of the zoning maps in the approved Comprehensive Development Plan. The state Plus Review meeting will result in a recommendation to the City of Rehoboth Beach, either for or against, rezoning. The City will still have the discretion to review the recommendation of the Plus Review committee as a part of its own decision-making process. The City will be responsible for initiating the request for Plus Review as well as any associated costs. Discussion of how to approach these costs moving forward needs to be an additional Mayor and Commissioners agenda item.
  2. Variances Issued by the Board of Adjustment. At the Workshop Meeting on March 6, 2023, the Mayor and Commissioners discussed the advantages and disadvantages of extending the timeline from 6 months to 12 months for the expiration of approved variances. This discussion relates to only commercial projects that require Planning Commission Site Plan Review.
  3. Basement Heights. The discussion continued at the workshop meeting on March 6, 2023. The Assistant Building Inspector provided Part Two of his presentation to the Mayor and Commissioners. The presentation is attached to the meeting agenda and may be viewed on You Tube. The department made recommendations to resolve conflicts between the International Building Code and the Rehoboth Building Code. An agenda item appears on the Regular Meeting for March 17, 2023 to consider a resolution to continue the current practice of approving basement heights of 6 feet 6 inches pending an opportunity for the Board of Commissioners to further study the matter and consider any needed corrective actions.

Planning Commission

  1. Parking. Discussion of parking issues continued at the Planning Commission meeting on March 10th, specific to the development of recommendations to the Mayor and Commissioners for changes to City Code for hotel and commercial parking requirements. Proposed language will continue current commercial parking requirements for offices and businesses, while cleaning up some potentially ambiguous code language. The notable proposed changes involve hotel parking. Language that is outdated is recommended to be removed. The new language will include a requirement of 1.2 hotel spaces for each hotel guest room and 1.0 spaces for each 250 square feet of meeting and other gathering spaces. Efforts were made to provide clear and inclusive language to help assure that parking must be provided for hotel space that will support gatherings and meetings regardless of how the developer may label the space in their proposed plan.
  2. Bellhaven Hotel. The developers provided additional planning materials to the Planning Commission just before the deadline the City had provided to them for noon, March 10th, two hours prior to the regularly scheduled PC meeting at 2:00 pm. PC discussion concluded that the developer would be offered a Preliminary Site Plan Review meeting to occur at the regularly scheduled April 14, 2023 meeting. It is not uncommon for large, complex development projects and proposals to require more than one Preliminary Site Plan Review meeting. During public comment on March 10, abutting neighbors voiced concerns with the potential impacts upon their buildings and properties but were reminded by the Chair that discussion at that meeting was limited to discussion of next steps for the process and that specific concerns would be more appropriate to voice at the April Planning Commission meeting.