Changes to basement code formalized in Rehoboth Beach

It took more than two years, but Rehoboth Beach commissioners have changed city code related to the height and finish of basements. The 4-3 vote took place during a commissioner meeting Feb. 21.

For more than two decades, Rehoboth Beach’s zoning code allowed basements that are not included in a house’s floor area if the basement has a ceiling height of less than 6-feet-6-inches. The intent was for these areas to be used as storage space, but the basements were also allowed to be finished, which led to many of those areas being utilized as living spaces.

City Assistant Building Inspector Corey Shinko spearheaded the changes. His goal from the beginning, he said, has been to bring city code into compliance with the adopted building code, while also allowing the continued use of basement space for storage.

The approved changes define basement, crawl space, floor and wall finish. The changes delete all mention of 6-foot-6-inch basements in current zoning code, and say non-habitable basements shall have a ceiling height between 6-feet-8-inches and less than 7 feet, and that they shall have no floor or wall finish. Finished ceilings are permitted for fire protection of floors. Non-habitable basements shall have no interior partitions/wall and no bathrooms or half-baths. Non-habitable basements must contain one emergency escape and rescue opening, and one smoke/carbon monoxide detector. They are excluded from floor-to-area ratio.

Shinko said under the new rules, property owners can still have habitable, full-sized basements, but the space will now be counted as part of the floor area.

Commissioners Patrick Gossett, Francis “Bunky” Markert, Mark Saunders and Craig Thier voted in favor of the changes. Mayor Stan Mills and Commissioners Edward Chrzanowski and Suzanne Goode voted against.

Mills said he was 99% there, but he liked the idea of a homeowner being able to put up a limited amount of drywall for specific purposes, like a laundry area.  

Prior to the vote, local developer Melissa Nassar said she was generally in favor of the changes, but encouraged commissioners to consider allowing rooms in a basement for house mechanicals. There was discussion on the issue, but the request was not included.

The ordinance went into effect immediately upon approval, but in an effort to accommodate property owners who are already well into the design process of new homes, commissioners attached a caveat allowing completed applications submitted by May 15 to be reviewed under the old code.

The ordinance also identifies houses with basements built under the old code as legal nonconforming.