Dewey Beach planning commission recommends ban on front‑yard pools and hot tubs

The Planning & Zoning Commission of Dewey Beach voted April 21 to recommend amending the municipal code to prohibit swimming pools and hot tubs in the town’s "front buildable area," following hours of public comment about neighborhood character, noise and safety. The change clarifies that pools and hot tubs may occupy only rear or side yards, not the space between a house's foremost facade and the required front‑yard setback.

Dave Lyons, chairman of the Planning & Zoning Commission, said the amendment is intended to resolve an inconsistency in Dewey Beach’s code that has allowed some property owners to place pools in the area forward of their homes. "By passing this modification we clarify that pools belong in the rear or side yard, not in front of a house," Lyons said.

The draft ordinance creates a new definition for "front buildable area" and had originally proposed a broad prohibition on accessory structures in that area. Commissioners and members of the public debated whether the language should sweeply ban all accessory structures (sheds, patios, pergolas, HVAC equipment) or narrowly target pools. After hearing residents’ concerns and staff clarifications, the commission directed a narrower change: amend the existing accessory‑pools provision (chapter 185‑51B) to expressly disallow swimming pools and hot tubs in the front buildable area while leaving other accessory‑structure rules for later review.

Longtime North End residents who spoke at the meeting said front‑yard pools would harm the neighborhood’s character and quiet enjoyment. "No other town — Bethany, Lewes, Rehoboth — allows a pool in the front of a detached house," said Cindy Souza, who said she represents more than 45 North End owners opposed to front‑yard pools. Several speakers described noise incidents they attributed to pools and urged the commission to act to prevent similar changes in the future.

Other residents and property owners urged a narrower approach. Marsha Shack, owner of 101 Carolina Street, said the draft ordinance as written could preclude harmless uses such as patios or small decks for homeowners whose houses are sited far back on a lot. "If what people want to prohibit is pools, focus on pools," Shack said.

Town planner Jim Dedes clarified existing code limits: sheds must be sited in the rear yard, be no larger than 200 square feet and no taller than 12 feet; some small, unanchored ground‑level patios and pavers are treated differently from decks that have footings. Dedes and commissioners noted that the town’s green‑space rules already restrict uses in the required front yard but do not presently make the area between the setback and the house a restricted zone; the approved change will incorporate that front buildable area into the same set of restrictions for pools.

Commissioners debated whether the prohibition should apply only to single‑family lots or broadly across residential zoning. After discussion they voted to apply the pool/hot‑tub prohibition within residential districts as drafted and to leave more complex accessory‑structure questions to a future session.

A motion to modify 185‑51B to prohibit swimming pools and hot tubs in the front buildable area was made and seconded; commissioners then voted in favor. The commission’s recommendation will be forwarded to the town commissioners for their review and any further action. The meeting adjourned after the vote.

The next procedural step is consideration by the Dewey Beach town commissioners; the commission said it expects to return to accessory‑structure questions later if the commissioners request more detail or narrower language.