(To read full article click on the title.)
What You Need to Know About the Upcoming Hearing on the Proposed Ordinance entitled “Building Height, Etc.” 10/22/21
Four new, interrelated city policies are threatening homes on Lewes Beach. First, the city of Lewes is blocking building permits for homes on Lewes Beach, even if they comply with the current building code. Second, the city staff is refused to even consider a building permit application because it failed to comply with a proposed rule on roof pitches, flat roofs, and observation decks that has yet to be scheduled for a public hearing, let alone a vote. Third, the city s requiring homeowners to tear down the existing home before submitting a building permit application for the replacement. And fourth, the Mayor and City Council will vote on Monday, October 11th on another proposed Planning Commission proposal requires all homeowners on Lewes Beach to eliminate floodwater infiltration into any new or replacement water or sewer system. It’s rumored there will be a public hearing on the proposed “roof” rule on October 26th but, as of today, no information about the hearing has been made public.
This coming Tuesday, Oct. 26th, the City will hold a hearing on a proposed ordinance entitled, Building Height, Etc. The proposal was first released in September and immediately treated as law by the city and used to deny building permit applications. On October 11th, the City Council stopped this practice, at least until the City conducts a hearing and the Mayor and City Council actually vote. We hope you will attend the hearing, either in person or via Zoom, and share your views.
The building height portion of the proposal only applies to Lewes Beach. As best as we can tell, properties in the flood plain owned by the Mayor and a member of the City Council are exempted. It nearly doubles roof pitch requirements in a manner which make many homes on the beach out of compliance. It applies these requirements to all roofs, even water-proof roofs over decks, entrance ways, and porches .
The proposals also would impose a wide variety of new requirements on off-street parking, some which are not clear and others appear to conflict with other rules or efforts of the city. And, it gives the City Planner wide control over construction throughout Lewes and the authority to determine how vague rules will be interpreted and applied. These provisions would apply to the entire city.
The city claims the new proposal is more of a housekeeping effort, that some of the new rules are already on the books. After being challenged, they admitted many of these rules have never been enforced. Depending upon who you talk to, this lack of enforcement extends between 10 and 34 years. Having reviewed these proposals, it is difficult to find a single property in the city of Lewes that will not be impacted.
City Lifts De Facto Building Moratorium for Now (10/11/21)
Four new, interrelated city policies are threatening homes on Lewes Beach. First, the city of Lewes is blocking building permits for homes on Lewes Beach, even if they comply with the current building code. Second, the city staff is refused to even consider a building permit application because it failed to comply with a proposed rule on roof pitches, flat roofs, and observation decks that has yet to be scheduled for a public hearing, let alone a vote. Third, the city s requiring homeowners to tear down the existing home before submitting a building permit application for the replacement. And fourth, the Mayor and City Council will vote on Monday, October 11th on another proposed Planning Commission proposal requires all homeowners on Lewes Beach to eliminate floodwater infiltration into any new or replacement water or sewer system. It’s rumored there will be a public hearing on the proposed “roof” rule on October 26th but, as of today, no information about the hearing has been made public.
The City voted to stop treating a proposed change in the building code that would apply only to Lewes Beach as if it were already law. The proposal, which would change height rules, parking, limitations on alley access, changes to staff responsibilities, and other issues, was introduced on September 16 at a Mayor and City Council meeting. Even though it had yet to be subject to review, a hearing, public consideration, or a vote, the proposal was treated as law by the city in order to reject multiple building permit applications. The actions of the city generated immediate opposition once homeowners, residents, builders, and real estate companies learned what the city was doing. For a copy of the rule, click here. As of today, we have been unable to identify any meeting held by city staff with Lewes residents, homeowners, and others impacted by the proposal. Nor was any explanation given about the origins or reasons for the proposal. The Mayor and several members of the Council stated they were unaware of the proposals or its use by the city.
City Delays Vote on Another Planning Commission Floodplain Reg Proposal (10/11/21)
This coming Monday, October 11th, the Mayor and City Council are scheduled to vote on a Planning Commission proposal to amend the city’s existing Flood Plain Regulations. The amendments were reported to be negotiated among the city staff, DNREC, and FEMA. Although the city suggests the new rules would only apply to major subdivisions, the actual language of the proposal does apply that restriction to every provision. After 14 days, the city staff acknowledged that every homeowner in the flood plain will be required to comply with the new requirement that any new or replacement water or sewer system must be designed to “eliminate infiltration of flood waters in the the systems.” No explanation was provided as to the conflicting representations nor was any guidance provided about how one eliminates floodwater. For a copy of the proposal, click here. For a copy of the city’s explanation, click here.
The City has temporarily set aside voting on a Planning Commission proposal to amend the city’s existing Flood Plain Regulations. The amendments were reported to be negotiated among the city staff, DNREC, and FEMA. Although the city suggests the new rules would only apply to major subdivisions, the actual language of the proposal does apply that restriction to every provision. After 14 days, the city staff finally acknowledged that every homeowner in the flood plain will be required to comply with the new requirement that any new or replacement water or sewer system must be designed to “eliminate infiltration of flood waters in the systems.” No explanation was provided as to the conflicting representations nor was any guidance provided about how one eliminates floodwater. For a copy of the proposal, click here. For a copy of the city’s explanation, click here.
Public Beach 2 Named after Mr. Johnny Walker (10/11/21)
The Lewes Parks and Recreation Commission unanimously voted in support of renaming Public Beach 2 as Johnnie Walker Beach, and the issue now goes to the Mayor and City Council. LBCA’s petition in support of the renaming, which was signed by 70 members, was made part of the record. Mr. Walker operated a popular establishment on the beach back when the two city public beaches were segregated. The Mayor and City Council may vote on the proposal during their October meeting.
The City of Lewes voted to name Public Beach 2 after Mr. Johnny Walker. LBCA members submitted a petition to the Mayor and City Council, as well as the Chairs of the Parks and Recreation Commission and the African American Heritage Commission, in support. Mr. Walker operated a popular establishment on the beach back when the two city public beaches were segregated. According to members of the city's African American Heritage Commission, Beach 2 was a welcoming place for African Americans from all over the mid-Atlantic Region. 70 LBCA members signed onto the petition. For a copy, click here.
Four New City Policies Threaten Residential Homes on Lewes Beach (10/6/21)
Four new, interrelated city policies are threatening homes on Lewes Beach. First, the city of Lewes is blocking building permits for homes on Lewes Beach, even if they comply with the current building code. Second, the city staff is refused to even consider a building permit application because it failed to comply with a proposed rule on roof pitches, flat roofs, and observation decks that has yet to be scheduled for a public hearing, let alone a vote. Third, the city s requiring homeowners to tear down the existing home before submitting a building permit application for the replacement. And fourth, the Mayor and City Council will vote on Monday, October 11th on another proposed Planning Commission proposal requires all homeowners on Lewes Beach to eliminate floodwater infiltration into any new or replacement water or sewer system. It’s rumored there will be a public hearing on the proposed “roof” rule on October 26th but, as of today, no information about the hearing has been made public.
Four new, interrelated city policies are threatening homes on Lewes Beach. First, the city of Lewes is blocking building permits for homes on Lewes Beach, even if they comply with the current building code. Homeowners must now comply not only with the building code but any proposed changes to the building code. A FOIA request is being submitted to discover the authority for this policy.
Second, recently, the city staff refused to even consider a building permit application because it failed to comply with a proposed rule on roof pitches, flat roofs, and observation decks that has yet to be scheduled for a public hearing, let alone a vote. (For more, see the report - City Proposes New Rule on Roofs but ONLY for Lewes Beach.) Third, the city is requiring homeowners to tear down the existing home before submitting a building permit application for the replacement. (For more, see the report - First Tear Your Old House Down - Then Find Out What the City Will Allow You to Build.)
And fourth, the Mayor and City Council are scheduled to vote on Monday, October 11th on a another Planning Commission proposed “flood plain” rule which, among other things, requires all homeowners on Lewes Beach to eliminate floodwater infiltration into any new or replacement water or sewer system. (For more, see the report - Planning Commission Floodplain Reg Proposal.)
It’s rumored there will be a public hearing on the proposed “roof” rule on October 26th but, as of today, no information about the hearing has been made public.