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Planning commission backs referral to ban accessory structures in front buildable area
Summary
The commission voted to forward a draft ordinance to the town commissioners that would define the 'front buildable area' and prohibit accessory structures (including pools, detached sheds or garages) within that area in residential districts; the commission will not adopt the ban itself but recommended referral for formal hearings.
The Dewey Beach Planning & Zoning Commission voted March 3 to forward to the town commissioners a proposed ordinance that would define the town’s "front buildable area" and prohibit accessory structures or uses there in residential districts.
Staff presented language defining the front buildable area as the portion of a lot lying between the foremost facade of the primary structure and the required front-yard setback line (excluding the required front yard itself). The draft would make accessory structures—examples discussed included detached sheds, standalone garages or pools—impermissible within that front buildable area in residential zones.
Commissioners debated scope and process: the draft was not formally referred by the town commissioners but was introduced to the planning commission for consideration. Commissioners discussed whether the prohibition should apply to all residential zoning districts and whether to explicitly preserve the ability to rebuild lawfully existing amenities after casualty. One commissioner recused for a conflict.
After discussion, the commission moved, seconded and approved a recommendation that the town commissioners consider the proposed prohibition; that referral triggers the standard ordinance process at the town-commission level, including public hearings.
Public commenters raised concerns about multi-family properties, HOAs and whether existing lawful amenities would become nonconforming; staff said the typical code interpretation allows rebuilding within the same footprint after casualty but recommended the town commissioners consider explicit language to protect those cases.
The planning commission’s vote was advisory; any final change would require the town commissioners to schedule public hearings and adopt an ordinance if they choose to proceed.
