Planning commission votes to reinstate 'rear' in pool-location rule, clarifies pool-fence limits

The Dewey Beach Planning & Zoning Commission voted unanimously March 3 to amend Town Code §185-51 to make explicit that uncovered accessory swimming pools may occupy only a required rear yard or side yard, not a required front yard, and to confirm that front‑yard fence-height limits apply to pool safety fences.

Mr. Townsend, speaking to the commission, said the change simply reinserts a missing word and restores the ordinance’s original intent. “The ordinance is to insert the word ‘rear’ so that an accessory swimming pool open and unenclosed may occupy a required rear yard or side yard,” he said, noting that the omission appears to have occurred during codification years ago.

The amendment clarifies that a pool may not be placed within the town’s required front-yard setback (the green‑space area established by the 2024 green‑space ordinance). The revision also makes clear that the height restriction that currently limits ornamental front-yard fences to 3½ feet applies to pool fences in required front yards. Commissioners and staff explained that fences within the buildable footprint remain governed by other code provisions that can allow taller barriers.

Chair Dave Lyons said the clarification aligns the zoning code with the town’s prior intent and with the green‑space policy. After a motion, second and brief discussion, Commissioners Mike Harmon (voting “yes” for consistency with town character), Jimmy O’Connor, Suzanne Evans, Mark Nordquist and Chair Lyons approved the amendment; one member had recused earlier in the discussion.

The action came after public comment from an online speaker who urged the commission to consider practical effects on homeowners who place pools within the front buildable footprint (the area between a home’s foremost facade and the required front-yard setback). Commission staff said the change does not prohibit pools from the buildable footprint so long as they and their safety fences are not located within the defined required front yard.

The commission’s adopted recommendation will be forwarded as its formal advisory action; the town commissioners (council) will receive the commission’s recommendation for any final ordinance action.

The commission then moved to consider additional related code changes, including a separate draft to define the “front buildable area” and a proposed stormwater standard (both addressed later in the meeting).