Ocean City Council Eliminates Crawl Spaces Deed Restriction

Despite the objections of the Ocean City Zoning Board of Adjustment, City Council approved an ordinance to eliminate a deed restriction that prohibits the use of a crawl space for a bathroom or habitable space Thursday night.

The vote was 6-1, with Councilman Peter Guinosso providing the dissenting vote.

“I agree with the Zoning Board,” Guinosso said. “I read their letter and it makes a lot of sense.”

At the Sept. 10 council meeting, City Solicitor Dorothy McCrosson said the ordinance, passed following Superstorm Sandy, is unnecessary because the law is already on the books. She said it adds an extra step and an additional expense for the homeowner.

Even with the elimination of the deed restriction, it is still illegal to use a crawl space for for a bathroom or habitable space.

However, in a letter dated Sept. 18 and included in this week’s agenda packet, the Zoning Board said it sees no “upside” to the proposed ordinance and views it as “an impediment to non-conforming alterations.”

“The aftermath of Superstorm Sandy has resulted in higher under-home ground level spaces with heights of seven feet or above that can be converted into habitable spaces,” Zoning Board Chairman James Houck wrote in the letter. “ … We realize that deed restrictions may not prevent current homeowners from illegally converting these spaces. However, it is felt that the deed restrictions present an emphasis on the illegality of those conversions and protect future buyers from purchasing a non-compliant property. These deed restrictions are not cumbersome to file, as the Zoning Office has pre-printed forms which can easily be registered and filed.”

Resident Georgina Shanley, who spoke during the public comment portion, agreed with Guinosso and the Zoning Board.

“We have so many permits already, why not keep this one as well?” she said.

“Banks don’t like these kinds of deeds on mortgages,” Mayor Jay Gillian said. “We’re trying to make it easier for people to get a mortgage and buy a home in Ocean City.”

Gillian said the city holds everyone accountable for their actions.

“Code Enforcement does a great job and there’s just no need for this,” Gillian said.

Council members who voted in favor of the ordinance echoed the mayor’s sentiments.