FENWICK ISLAND – An ordinance dictating height regulations in Fenwick Island and how those rules are enforced came into question last week after the town’s building official agreed to allow mechanical equipment on the roof of a resort motel.
In early July, the connections of the Sands Motel applied for a building permit that would allow air conditioning units and elevator equipment placed on the roof to exceed the town’s height restrictions. According to the town’s ordinance, buildings or structures in Fenwick Island cannot exceed 30 feet in height, or 32 feet in height if the building has a freeboard that elevates the structure.
While the building official initially denied the building permit over those two issues, a decision to deny air conditioning units on the motel’s roof was reversed after seeking further advice from the town solicitor. Officials argued the mechanical units were not defined as a structure in the town’s ordinance and, therefore, should not be enforced in the height restrictions.
It should be noted that the building official upheld a decision to deny the motel’s request for elevator equipment placed on the roof to exceed the height requirement – as the elevator shaft is considered part of the structure – and the Sands has appealed that decision to the Board of Adjustments, which will review the case Aug. 23.
After discovering the building official’s decision to allow the motel to place the mechanical equipment on the roof, members of the Fenwick Island Town Council last Friday brought forward a motion to review the town’s ordinance on height regulations and to impose a temporary moratorium on building permits until the issue was resolved.
“I am requesting that charter and ordinance (committee) take a look at our height ordinance and if there appears to be a gray area then this needs to be clarified and I believe this needs to be expedited,” Councilwoman Julie Lee said. “I also move that we impose a temporary moratorium on building permits until we can get this clarified.”
Councilwoman Vicki Carmean said the ordinance allows for certain items – including roof-mounted solar systems, wind turbines and chimneys – to exceed height restrictions, but argued the code had no further exceptions.
“They reference solar panels and wind turbine systems as well as a chimney high enough to draw a draft,” she said. “It’s very clear to me that we had no exceptions.”
Carmean argued the matter should have been discussed and resolved in an executive session, where the committee could review the town solicitor’s opinion.
“This now opens it up to every other person who wants to build something here in town …,” she said. “I object to your process.”
Bill Weistling, a member of the town’s building committee, noted that permits exceeding $20,000 were always brought before the committee for review. He said the council was never involved in the permit process.
“I’ve been on the building committee now for 26 years and I’ve been here for five previous building officials,” he said. “This was a policy that occurred before I was here, and this is the policy we follow now … We have to enforce what is on the books. We can’t say ‘oh this is what the person wants? Let’s go to council and change the ordinance.’”
Motions to review the ordinance before the Board of Adjustment meeting and to place a temporary moratorium on building permits until the ordinance could be clarified failed with Lee, Carmean and Councilman Roy Williams in favor and Councilmen Gardner Bunting, Bernie Merritt and Richard Mais and Mayor Gene Langan opposed.
The council subsequently agreed to hold a special meeting to discuss recent variance procedures and personnel issues.
