The Sussex County Council voted 4-to-0 to close a loophole in its building code that allowed some commercial and residential buildings to be higher than the 42 foot height restriction.
Council member Vance Phillips who has opposed the change was not present for Tuesday’s vote.
A public or semi-public clause in the code had allowed projects like the Marriott Fairfield Inn & Suites to be constructed on Delaware Route 1.
The Wilmington News Journal reports that only government owned buildings will now be allowed to use the 60-foot exception.
Several County Council members said they had not realized that the loophole could be applied to hotels or office space until recently.