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Dewey Beach approves code change limiting expansions of nonconforming buildings to existing setbacks
Summary
The commission approved an ordinance clarifying nonconforming‑structure rules: ‘‘expansion’’ (not ‘‘extension’’) is the operative term, and expansions may not increase the number or degree of nonconformities and must conform to required setbacks. The vote was unanimous.
The Dewey Beach commission voted unanimously June 20 to adopt an ordinance clarifying how the municipal code treats nonconforming structures and uses.
Commissioner Persinger presented the draft saying the Planning & Zoning group recommended replacing ambiguous language (references to both “extension” and “expansion”) with a single clear term and tightening cross‑references. The adopted language states that a nonconforming building may be expanded provided the expansion does not increase the number or degree of any nonconformity and any expansion conforms to all required setbacks. The change is intended to avoid double negatives and inconsistent interpretation in the code.
The building official confirmed the practical effect: when a property built before current setbacks seeks new construction, any new work must meet current setbacks and zoning requirements even though the original nonconforming building remains in place. Commissioners and staff discussed examples (such as properties that sit two feet into a setback) and clarified that any expansion would have to be within required setbacks. The council approved the ordinance by motion and recorded a unanimous aye vote.
The commission instructed staff to finalize the ordinance language as discussed and to proceed with posting and implementation steps.
