Bethany Beach Town Council members met for a workshop on Monday, June 23, aiming to review proposed changes to the town’s zoning code and to decide whether to continue holding their workshop meetings.
The bulk of the proposed changes to the town’s zoning code, as recommended by the planning commission, are “housekeeping” items, confirmed Planning Commission Chairman Lew Killmer. But some others were substantive, including:
• A ban on “windblown displays” with commercial messages within town limits. Those banned displays include flags, banners, pennants and moored blimps. Initial proposals had called for a ban on the displays expanding to a one-mile radius of the town, but Killmer said commissioners had scrapped that idea as being outside the town’s purview.
Council members acknowledged that some restrictions on windblown displays do already exist in the town’s commercial zones, but the new ban would pertain to the residential districts.
• An update to permitted uses in the town’s commercial districts, geared to eliminate uses no longer being actively pursued. The town code specifically permits given uses — all uses not specified as permitted are not allowed unless the town chooses to add them to the list of permitted uses in the future.
The uses stricken from the list under the proposed changes include shoe repair, and the conditional uses of bowling alley, pool hall and similar games of skill — the latter provision one under which the town had previously permitted mini-golf, which is now permitted.
Some members of the council objected to the removal of the bowling alley use, as the town’s bowling alley is a legacy of its past and a use most didn’t object to.
But in attempting to define “similar games of skill,” the council favored eliminating both uses, so that any such use will have to be approved by the town on a case-by-case basis. That would make it more difficult to open, for instance, a poker parlor, which council members feared could be named as a “game of skill.” Uses removed in this update to code could be added again if a business owner applies to the town, they noted.
The council also rejected, for the time being, Vice-Mayor Tony McClenny’s suggestion of specifically outlawing adult book stores and similar establishments, opting instead to consult the town solicitor before moving forward with any such ban. McClenny said he was concerned that the terms “retail shop” or “book store” might be deemed to include such adult businesses.
• The council briefly discussed the idea of permitting residential uses above commercial establishments in the C2 commercial district, as is currently permitted in the C1 district under provisions of the town’s commercial architectural guidelines.
Council Member Bob Parsons said he particularly favored the change, as it would create more available housing for summer workers at downtown businesses, thus reducing the potentially dangerous bicycle trips many of the international workers take twice a day along Route 26.
Some council members opposed the idea, questioning where these new residents would park when business customers already make use of much of the C2 district parking. But Parsons pointed out that residents in the C1 district already share parking areas with business customers there.
Council members also realized during their discussion that residential use in the C2 district had been permitted up until the adoption of the architectural guidelines in 2006, but they agreed not to move forward with restoring that use at this time.
• The town would limit the height of flag poles to the existing residential height cap, with existing poles grandfathered. Parsons noted that he would like a provision permitting wind-powered electrical generating equipment to exceed that height by up to 10 feet, but council members favored a more extensive exploration of that issue — perhaps in combination with the planning commission’s green initiative — before they would agree to make a change.
• Council members compromised and set a 10-business-day limit on issuance of a certificate of occupancy by the town, adding for the first time a cap on how long the town can take. If needed, the town can also issue a temporary COO or have a subordinate sign for either the town manager or building inspector if they were to be away on an extended leave.
Council divided on workshops
The council was divided on Monday on whether to continue to hold its generally monthly council workshops, at which extensive discussion of upcoming and ongoing issues takes place.
Parsons and Council Member Steve Wode said they would prefer all council discussion to take place in front of the better-attending regular council meetings, to provide more information and a feeling of better transparency in government. But both acknowledge that attendance at many town meetings is very limited.
However, McClenny said he felt the more casual environment of the workshops encouraged council members to offer some of their “wilder” ideas. Council Member Joseph Healy said he felt they helped the council prepare for upcoming votes as well.
Mayor Carol Olmstead emphasized that the council workshops are to be held only as topics arise needing attention, saying that that had simply been the case since the monthly workshops were started last year. She noted that there would be no workshops held this summer, with the conclusion of the council’s list of topics this week.
On consensus, the council agreed to continue to hold its workshops on the Monday before or after the regular council meeting, at 10 a.m., with the schedule and future topics to be discussed by the 2008 council after September’s elections.