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Rehoboth must rewrite its city code

March 14, 2025

At a March 11 meeting, Rehoboth commissioners decided to authorize the planning commission rather than its building inspector to interpret certain aspects of site-plan and subdivision review. I don’t believe this decision solves the problem.

The issue is actually about city code. Widespread opinion supports the need for a complete review and possible rewrite of code. At a March 10 workshop, commissioners initiated discussion of a possible code review. Commissioners had that same opportunity several years ago but instead dissolved the law oversight committee, which was established for code review. 

In a February editorial, the Cape Gazette said, “Cleaning up the city’s ambiguous zoning code should remain a top priority. Rehoboth Beach is constantly evolving, and redevelopment is inevitable ... Rehoboth should do all it can to ensure its code is crystal clear on what is allowed and what is not.”

As to the planning commission, what is its role? In Delaware Code, it states: “The planning commission shall have full power and authority to make such investigations, maps and reports of the resources, possibilities and needs of the city or town as it deems desirable ...” Provisions in city code may have strayed from the primary intent of state law.

Then there is the matter of the building inspector. It has been suggested there may have been some dubious decisions made by the office. It has also been said that for some time there have been missed deadlines, and incomplete or possibly inaccurate information in reports issued by the office.

The administration of the city’s policies and procedures is critical to the quality of service it provides, not to mention its adherence to city code and state law. If there are shortfalls in their administration, they must be corrected.

Today, the planning commission is a reflection of the system of government where the body’s composition is the result of the exercise of power by the majority faction, which can result in slanted decisions. An improved city code might replace the system of using political appointees with qualified and fully trained city staff whose responsibility is to make balanced, nonpartisan decisions that benefit the general public. Just as is the current practice, the adjudication process should be conducted in the open, at meetings where the various interests – including the public – would have an opportunity to participate, and the decisions reached would be explained, justified and disseminated. 

In the end, a rewrite of city code is the real solution to this problem. 

Hoyte Decker
Rehoboth Beach

 

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