Sussex council looks at commercial zoning

Under the Sussex County zoning code, developers generally have carte blanche for projects built in CR-1, commercial-residential, zoning districts where more than 100 uses are permitted.

When commercial projects are proposed on a parcel, there is no guarantee they will be built as proposed, with so many commercial options available.

Permitted uses vary from large-scale shopping centers to small repair shops.

Sussex County Council is taking a serious look at revamping its commercial zoning designations as part of the update of the county's comprehensive land-use plan.

The county's two primary commercial districts are CR-1, commercial-residential, with 110 uses and B-1, neighborhood commercial, with 65 uses. A new plan would divide the CR-1 zone into at least four separate districts with similar uses permitted by size for each district.

During the June 28 meeting, consultant Kyle Gulbronson said it's obvious to staff that the county must establish specific categories with fewer permitted uses to fine-tune commercial zoning. "Basically, you don't know what could happen on a property," he told council. "Everyone wants predictability."

If the plan is adopted, the county's current commercial zoning districts would be replaced with new districts. Current zoning classifications would become closed zones with existing commercial areas grandfathered in.

Councilman George Cole, R-Ocean View, said he would like to see a zoning classification specifically for big box stores.

Councilwoman Joan Deaver, D-Rehoboth Beach, said more environmental protection should be included in the updated zoning regulations.

Deaver also said she gets complaints from residents who live in residential areas who are surprised by office buildings or other commercial projects built near them. "Nothing protects residential areas," she said.

"This is not just a Sussex County issue, it's nationwide," Gulbronson said.

Gulbronson said a working group of county staff is seeking input from council and planning and zoning commissioners before drafting a new ordinance.

"Our goal should be to get this done and ready for the comprehensive plan, but if we get it done before that's great," Cole said.

"We will push this forward. We understand it's a priority," said County Administrator Todd Lawson.

PROPOSED COMMERCIAL ZONES

B-2 with 32 uses

C-2, medium commercial, 16 uses

C-3, heavy commercial, 20 uses

C-3, service commercial, limited manufacturing, 18 uses

C-3, regional commercial, 15 uses

BP-1, professional office, six uses

Institutional for schools, hospitals, government buildings