Lewes considers changes to substantial improvement code

Lewes Mayor and City Council is considering several changes to city code spread among three ordinances that could be voted on at its February regular meeting.

Council held virtual public hearings on each of the ordinances Jan. 13. Some of the changes received strong support from residents, while other proposed amendments drew criticism.

The change that received the most support dealt with a change in time frame in which homeowners may improve or maintain their home without having to comply with all new rules and regulations. Currently, that compliance is required if improvements or maintenance exceeds 50 percent of the value of the home during any 10-year period. The proposed ordinance would drop that down to a single year.

Janie Warren, a Rhode Island Avenue property owner, said the existing regulation is overly burdensome for many. She and her husband own an 800-square-foot cottage. If the 10-year standard remains, she said, she may be forced to remove the home.

“We have to be really mindful not to overspend due to the 10-year maintenance rule,” she said, adding they recently added a screened porch. “We actually like our tiny little cottage. The 10-year cap is hanging over us. Depending on repairs or maintenance needed, it could force our hand.”

She warned that if the 10-year standard remains, small-footprint and original homes will ultimately go away and be replaced with “beach monstrosities.”

Councilman Tim Ritzert asked city staff if the change would affect residents’ flood insurance discount, which is determined by the Federal Emergency Management Agency’s Community Rating System.

“FEMA reviews our CRS rating periodically, and the 10-year cumulative was one of the things that got us points, but there are other things that give us points as well,” said City Manager Ann Marie Townshend. “Without looking at going through the whole process again, we can’t say for sure if it will or will not affect the CRS rating.”

Later, Townshend noted that Dewey Beach has maintained a good CRS rating without having a substantial damage/substantial improvement provision in its code.

Cedar Street resident Janice Allmaras strongly supported the proposed ordinance.

“[It] ensures Lewes is consistent with FEMA regulations and will allow homeowners to maintain their properties in a reasonable and ongoing manner,” she said.

Bob Watson, a Rhode Island Avenue resident, also supports the ordinance.

“One year is much more logical and allows homeowners to be compliant without being restricted to 10 years and maybe have to tear down an old cottage,” he said.

The second ordinance assigns the city planner specific functions in code, including responsibility for the administration and interpretation of zoning code, review of conditional-use applications and the ability to issue temporary use permits.

Townshend said code has not been updated to reflect the city’s hiring of a city planner in 2016, and many of those tasks and responsibilities are assigned to the building official in city code. The proposed code changes are consistent with other jurisdictions with planners, she said.

Bay Avenue resident Kevin McGuiness said the city needs to ensure staff is addressing all the challenges the city faces and that qualified people are in the correct positions to address those challenges.

“The city residents and property owners, whether in town or on the beach, should not be required to constantly monitor the city’s rules and enforcement, spend countless hours analyzing what’s being proposed and to chase after city officials for answers and explanations. It’s neither effective nor healthy,” he said.

McGuiness said residents on all sides of issues recently have pointed out inconsistency and subjectivity in enforcement of building code.

Councilwoman Carolyn Jones, who has 20 years of human relations experience, said changing the code to better reflect the city planner’s responsibilities is the correct move in this case.

“Transparency is so doggone important, and we’re trying to put a person in place to address most of the issues we have,” she said. “A lot of has happened for so many years and fallen by the wayside. There was a time when we were fighting to get a planner. The council at that time did not want a planner. We’ve come a long way, and we just need to continue to make it better.”

The third ordinance cleans up language that is no longer necessary in code. It removes references to the historic preservation commission and commercial architectural review commission, as they were combined into the historic preservation architectural review commission.

The ordinance also removes references to buildings built prior to 1987, as they will be captured by the city’s nonconforming section of the code. It also creates one dimensional requirement for all parking spaces in the city – 9 feet by 18 feet. There had been separate dimensions for residential and commercial properties. The last piece of the ordinance adds the joint site development ad hoc review committee as the reviewing board for loading space waivers as part of site-plan review.

The public may submit written comments on the ordinances until 4:30 p.m., Friday, Feb. 4.

Mayor and city council’s next regular meeting is scheduled for 6:30 p.m., Monday, Feb. 14.