2024 City Updates
December 2024
Mayor and Commissioners
Non-Habitable Basements
The Commissioners have been considering a recommendation by City staff that would bring our City Code into alignment with the adopted International Building Code for residences. At their meeting on December 20, the Mayor and Commissioners set a public hearing on this issue for their meeting on January 17, 2025, beginning at 2:00 p.m. The proposal includes definitions of basement, crawl space, floor and wall finish. All mention of 6-foot 6-inch basements would be removed from our zoning code. Non-habitable basements will be required to have a ceiling height between 6’8” and less than 7’, and such non-habitable basements may not have floor or wall finishes (as further defined within the recommended changes). Non-habitable basements may have finished ceilings in order to provide fire suppression. Non-habitable basements may not have any interior partitions or walls, nor may such non-habitable basements contain bathrooms of any type. Non-habitable basements must contain one emergency escape and rescue opening and one smoke/CM detector. Non-habitable basements that meet these criteria will be excluded from FAR calculations, consistent with current practice. The recommendation also includes protection for existing dwellings with non-habitable basements (grandfathering). The above recommendations are the outcome of a years-long process including input from all stakeholders including Commissioners, City staff, RBHA Board of Directors, residents, and developers. This project was undertaken in order to address the illegal conversions of non- habitable basement space into living space without obtaining the needed City permits. Such permits could not be granted for the conversion of these spaces for a number or reasons, for example, the lack of emergency egress and the lack of fire and smoke detection to name just two issues.
Deauville Beach
Concerns regarding Deauville Beach continued throughout the summer. Issues noted included the regularity of beach cleaning or raking and the lack of lifeguard coverage at the end of the season in spite of the number of beachgoers. RBHA directors continued to hear complaints about the need to pay to park when using the tennis courts and there seemed to be significantly less use of the tennis courts compared to prior summers.
330 Rehoboth Avenue
The developers of this property requested that the R-1 portion of the parcel fronting on State Road be rezoned to C-3 (Commercial) to match the portion of the parcel fronting on Rehoboth Avenue. The planning Commission denied the request some time ago. The developer requested a hearing before the Board of Commissioners, as is their due process right under the City Code. The Board of Commissioners agreed with the Planning Commission and voted to deny the application for rezoning of the R-1 portion of the parcel The developer responded by filing a suit in state court. The court determined that that the City made a technical error in the voting by the Board of Commissioners as not every Commissioner had adequately stated for the record the reasoning behind their vote and the court returned the matter to the Board of Commissioners for a new hearing. A new hearing before the Board of Commissioners was scheduled for November 18, 2024. During that meeting, it was determined that an additional procedural matter had arisen. The City had failed to obtain approval from the State of Delaware to amend the City zoning map, a preliminary requirement needed, before the City can proceed with any vote to change the zoning of any parcel. The hearing was placed on an indefinite pause with the agreement of all participants, including the developer, to allow the City the time needed to request the needed State review and approval of the potential change to the official zoning map. Once that matter is resolved, and assuming the State grants preliminary approval of a potential change, the hearing will be continued on January 31, 2025 at 10 a.m.
Planning Commission
One Rehoboth Avenue Hotel
The Planning Commission has completed the Preliminary Site Plan Review for this hotel planned for the northeast corner of Rehoboth Avenue and the Boardwalk. The next step will be a public hearing and formal Site Plan Review before the Planning Commission. The date has not been determined and will be after January 1, 2025.
Atlantic Crown Hotel
The developer continued their presentation for the Preliminary Site Plan Review on December 6th.
During this discussion, the Planning Commission provided feedback to the developer and outlined some specific issues that would need to be addressed prior to approving the site plan to advance to a public hearing. The developer was encouraged by the Planning Commission to return as soon as practical, and certainly in a shorter time frame than the long lag time the developer had taken since the initial meeting on this topic with the Planning Commission.
Oceanside Reserve (Old BayMart Lot)
The developer of this large property on the Forgotten Mile has submitted an application for subdivision of the entirety of this parcel into individual residential lots for single-family homes. The Planning Commission Secretary, as required by the City Code, must first review the application materials for completeness of the record and the documents and provide feedback to the developer prior to any further review or action by the Planning Commission or the Building Inspector. This initial review is in process.
July 2024
Mayor and Commissioners
We last provided an update on the City’s budget in our April newsletter when the FY 2025 budget was adopted by the Commissioners. Since that time, new information on the City’s finances has been presented by City staff. Details are in the attached report.
Planning Commission
Belhaven Hotel: The Planning Commission held continuances of the Public Hearing regarding the proposed Site Plan on July 11 and July 12, 2024. The proposed Site Plan was approved, with conditions, by the Planning Commission.
One Rehoboth Avenue: A Preliminary Review of Site Plan for this proposed hotel has been scheduled before the Planning Commission for August 9, 2024. Please check the City Portal for the relevant documents which had not yet been posted as of this writing.
Atlantic Crowne: No new information is available at this time.
June 2024
Mayor and Commissioners
Non-Habitable Basements
The Board of Commissioners has been looking at the problem of non-permitted basement conversions and conflicts between our Cit of Rehoboth Building Code and the International Building Code (IBC), which had previously been adopted by the Mavor and Commissioners. Cory Shinko, Assistant Building Inspector, provided a presentation to the Board of Commissioners on June 10, 2024. You may view the meeting at https://www.youtube.com/watch? v=FYtu9mL4W4U. The presentation starts at about 46:40.
The issues of non-habitable basements and unpermitted basement conversions were raised some time ago and had been the subject of a presentation at the workshop meeting held in October 2023. Since that time. there has been much discussion about an effective approach to resolving the two related issues. At the workshop meeting of May 6, 2024 this subject was again presented to the Board of Commissioners and after much discussion and disagreement, a consensus was reached to request that the city staff come back to the Board of Commissioners with a proposal to modify the City Code to address the identified issues and align City Code with IBC.
On June 10th, the city staff presented its recommendations. Regrettablv. the Board of Commissioners. following contentious discussions, rejected the proposal from city professional staff and charged the city staff with the task of developing a wholly new approach based on suggestions made by a member of the developer community.
While it is true that there are homeowners who want and need storage solutions, it is also true that we have residents and visitors sleeping in below-ground fire traps caused by unpermitted, uninspected, and unapproved basement conversions. These dangerous spaces are rented to unsuspecting visitors and sold to unsuspecting buyers.
The failure of some Commissioners to even acknowledge that the problem is real, despite data and concrete evidence provided by city staff. is concerning to say the least. While reasonable people can disagree about the most effective way to solve an identified problem, denial of the existence of the problem despite clear evidence to the contrary is not where this conversation should be more than a vear into the process. Citizens should expect more of their elected officials.
The status quo is unacceptable. RBHA will continue to represent our members on this important life-safet and code compliance issue.
Planning Commission
Proposed Hotels
Belhaven Hotel: The Planning Commission held a Public Hearing regarding the proposed Site Plan on June 7, 2024. There was much debate as well as much input from members of the public. The public hearing was not completed and the hearing is anticipated to continue at the next regular Planning Commission meeting scheduled for July 12, 2024. Please monitor the city portal for updated information.
One Rehoboth Avenue: No new information is available at this time.
Atlantic Crowne: No new information is available at this time.
Belhaven Proposed Site Plan 01.12.2024
May 2024
Mayor and Commissioners
Residential Basements
The RBHA Board of Directors has been following the Board of Commissioners’ discussions of City Code and basement heights for some time. Assistant Building Inspector, Cory Shinko, first introduced the topic. Mr. Shinko conducted a review and comparison of the City Code and International Building Code (IBC), upon which our building codes are based. As a result, he noted important discrepancies between City Code and IBC regarding basement ceiling heights and crawl spaces. As an example, IBC requires a minimum basement ceiling height of 6’8”, while City Code only requires 6’6”. To further complicate matters, some homeowners and developers have gamed the system by getting an occupancy certificate for a new build including a basement with a 6’6” ceiling that is exempt from home square footage allowance calculations, then installing non-permitted living space such as bedrooms and family rooms in the 6’6” basement. These illegal basement conversions often lack basic life safety provisions including the exits and fire/smoke detectors that would have been required to get a building permit or certificate of occupancy.
Mr. Shinko and Ms. Mary Ellen Gray, Director of Planning and Development, attended our RBHA Board of Directors meeting on January 13, 2024, to provide the board with a presentation and discussion regarding some ways to address the basement and crawl space issues. Mr. Shinko and Ms. Gray met with us as stakeholders and stakeholder representatives seeking our reactions and input as the city administration continues to develop and consider workable solutions.
Residential Basements Discussion Summary
The Building Inspectors’ office has been discussing the issues of Rehoboth basements and crawlspaces, including the discrepancies with IBC, with the Board of Commissioners for over 21 months. The goals are to align Rehoboth City Code with IBC and to make basements safer moving forward. The current City Code, in place for approximately 25 years, allows basements to be excluded from the calculation of Floor to Area Ratio (FAR) if the basement ceiling height is at 6’6” or less. The problem is that IBC requires basement ceiling heights to be not less than 6’8” and IBC defines such basements with 6’8” ceilings as non-habitable space. According to IBC, which Rehoboth has adopted, no space less than 7’0” may be habitable space and all living spaces must have ceiling heights of 7’0” or more. Basements with ceilings less than 7’0” can never be permitted for living space such as living rooms, playrooms, bedrooms, etc. The reasoning behind this part of IBC has to do with fire safety. Even relatively minor differences in ceiling heights have significant effects on how quickly a fire will spread. The higher the ceiling, the slower the spread. The lower the ceiling, the faster the spread. Very low ceilings, such as those less than 7’0”, have exponentially faster fire spread rates.
The history of the exceptions to IBC in Rehoboth City Code appears to be that homeowners and builders had advocated for language in City Code that would allow functions such as HVAC equipment, water heaters, storage, toilet rooms, and laundry facilities to be placed in basements and exclude that space from FAR calculations to have more flexibility to maximize actual living space within the approved FAR. To accommodate that request, the Board of Commissioners approved language in the City Code stating that basements with ceiling heights of 6’6” would not be included in FAR. It is important to note that IBC prohibits these basement spaces from containing sleeping or living spaces as the ceilings are too low for IBC requirements. Further, the spaces lack the life safety features that are required by IBC for habitable spaces including, but not limited to, exits and alarms. The City now finds itself in the position of having a serious and illegal conflict between the City Code and IBC that must be addressed.
The topic of basements was discussed in multiple Board of Commissioner meetings leading up to April 2023. At that time, the Board of Commissioners approved a resolution that allows our Rehoboth building inspectors to continue to approve home plans with non-habitable 6’6” basements on a temporary basis pending the Board of Commissioners revising Rehoboth City Code to align with IBC.
The topic of basements was again an agenda item at the May 6, 2024, Workshop meeting. After a brief presentation by the Assistant Building Inspector, Corey Shinko, the commissioners expressed a consensus to request that the Office of the Building Inspector develop proposed language for the Board of Commissioners to consider regarding basements and crawlspaces. RBHA anticipates that the proposal is likely to address the following issues:
1. Define terms including, but not limited to, crawlspace and basement. Definitions are likely to include dimensions, especially height.
2. Define habitable versus non-habitable basement.
3. Provide clear guidance for what may or may not be an allowed use of a crawlspace, non-habitable basement, or habitable basement.
4. Provide clear guidance on how basement square footage will or will not be included in FAR calculations.
There was no discussion at the May 6 Workshop meeting of a particular timeline for this proposal to reach the Board of Commissioners. RBHA anticipates that this may happen sooner rather than later as the Office of the Building Inspector has brought a sense of urgency to this matter.
RBHA will be following this issue and will keep our members informed.
Please use the link below to access a short memo used at the May 6, 2024 Workshop meeting that summarizes the subject for the commissioners.
Path Forward on Non-Habitable Basements
Planning Commission
Proposed Hotels
Belhaven Hotel: The Planning Commission completed its Preliminary Review of the Site Plan Review for this project on Friday, May 9th and advanced the proposal to the next step in the review process. A Public Hearing of the Site Plan Review has been scheduled for Friday, June 7, 2024. Please monitor the City of Rehoboth Portal for updated information.
Please use the link button below to access the proposed site plan that was reviewed on May 9, 2024.
Belhaven Proposed Site Plan 01.12.2024
One Rehoboth Avenue: No new information is available at this time.
Atlantic Crowne: No new information is available at this time.
Other Development Proposals
413, 415, and 417 Rehoboth Avenue: The Planning Commission conducted a Public Hearing of the Site Plan Review for each of the three parcels on Friday, May 10, 2024. Each of the three Site Plans was approved by a vote of the Planning Commission at the conclusion of the hearing. The proposals for each separate parcel are quite similar and include a commercial space on the first floor and a single residential unit occupying the second and third floors. Please use the button below to link to the site plans that were discussed at the Public Hearing.
413, 415, and 417 Rehoboth Ave. Site Plans
April 2024
Mayor and Commissioners
Mayor and Commissioner topics that we have been actively following over the months on behalf of our members include the ongoing review of Code provisions regarding basements, and the take-over of the management of Deauville Beach by DNREC (Department of Natural Resources and Environmental Control).
Code Provisions Regarding Basements: There have been no discussions on this topic during March or April.
Deauville Beach: We are developing a website page to monitor the management of Deauville Beach over the summer season.
Planning Commission
Planning Commission topics that we have been following include plans for 413, 415, and 417 Rehoboth Avenue and multiple hotel proposals.
413,415, and 417 Rehoboth Avenue: The proposals for these three adjoining properties have been advanced by the Planning Commission to the Public Hearing phase of Site Plan Review. It is anticipated that this Public Hearing will be scheduled for May 10, 2024.
The Belhaven Hotel: Initial discussions of site plans for the proposed hotel continued before the Planning Commission on April 12, 2024. These initial discussions will continue prior to the scheduling of a Public Hearing for Final Site Plan Review. As has been reported extensively in the Cape Gazette, there have been significant modifications to the proposal since the last discussion with the Planning Commission including a reduction of underground parking from two levels to one, and a reduction in the proposed total number of guest rooms.
330 Rehoboth Avenue: There are no updates regarding the court case surrounding the development of this property. The developer had filed suit against the City concerning the denial of the rezoning of a portion of the parcel from R-1 Residential to C-3 Commercial.
Atlantic Crowne (Baltimore Avenue, ocean block): There are no updates on this hotel proposal.
One Rehoboth Avenue (former Dulles’ location): There are no updates on this hotel proposal.