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Commission recommends clearer rules for projecting elements, bay windows and outdoor showers
Summary
The commission unanimously recommended updates to section 1-85-48 defining permitted projecting elements into required yards: numeric limits for roof overhangs, gutters, chimneys and bay windows; standards for awnings, landings, outdoor showers and mechanical equipment; and a clause protecting existing lawful encroachments.
The Dewey Beach Planning & Zoning Commission voted on July 22 to recommend revisions to the town’s projecting-elements code (section 1-85-48) that set numerical limits on yard encroachments and clarify maintenance rights for existing lawful features. Chair Dave Lyons reviewed the draft: "roofs, eaves, and overhangs may project no more than 24 inches," gutters may add 6 inches, and bay windows are limited to "6 feet in height" and up to 5 feet wide, with projection capped at 24 inches and the lowest portion at least 24 inches above finished grade.
Commissioners discussed and agreed to add a depth limit for bay windows, clarify measurement language (measuring horizontally from the exterior face of the wall), and to cite the green-space standard so the allowance would not reduce required open space. The draft allows retractable or open awnings to project no more than 30 inches, unenclosed landings providing pedestrian access to project up to 5 feet into required yards if they do not function as gathering areas, window air conditioners to project up to 36 inches, and requires ground-mounted mechanical equipment to maintain a 3-foot setback.
Public comment raised concerns about existing older properties that have lawful features (stairs, decks, balconies) that would not meet the new numeric limits. Resident David Moskowitz asked for a 'savings clause' to protect those features; commissioners agreed and directed staff to add wording allowing existing lawful encroachments to be maintained, repaired, and replaced in kind even if they remain nonconforming after the ordinance takes effect.
The commission moved, seconded and unanimously recommended the revised projecting-elements ordinance to the town commissioners, with staff asked to refine wording (including citing the specific green-space code reference) before the council packet is prepared. The recommendation aims to provide clearer, predictable rules for building official review and to reduce case-by-case variance.
