Zoning Board Opposes Elimination of Crawl Space Deed Restriction in Ocean City

The Ocean City Zoning Board of Adjustment strongly disagrees with the city’s proposed ordinance to eliminate a deed restriction that prohibits the use of a crawl space for a bathroom or habitable space.

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.

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.”

The ordinance is up for a public hearing and final approval at Thursday night’s council meeting at City Hall, 5:30 p.m.

If approved, it will still be illegal to use a crawl space for for a bathroom or habitable space.

The ordinance was approved on first reading, 6-0. Councilwoman Karen Bergman was not yet a member of council at that time.

To view the full agenda, click here.