Sussex eyes changes to commercial zoning

For Bob Wheatley, updates to Sussex County's commercial zoning districts are among the most important changes that could occur in his more than two decades on the county planning and zoning commission.

The commission chairman said updates to the zoning code are long overdue and needed.

Among proposed changes is the new C-4 zoning district, which would require site-plan review at the same time as a rezoning application. There is no current zoning classification that requires a change in zone and the proposed use to be considered simultaneously.

“With this we can address legitimate concerns of neighbors,” he said. “This is a very important element that we've needed for awhile.”

“Right now, there is no predictability; now, one size fits all,” said consultant and urban land-use planner Kyle Gulbronson with AECOM – architecture, engineering, consulting, operations and maintenance – in Millsboro. He said CR-1 zoning includes such varied uses as an ice cream shop and a large car dealer. The county's two primary commercial districts are CR-1, commercial-residential, with 110 uses and B-1, neighborhood commercial, with 65 uses.

“With this proposal, zoning districts are not so wide open, so there is more predictability for everyone involved,” said Vince Robertson, assistant county attorney.

Commissioner Marty Ross said because of the number of permitted uses in CR-1 zoning, applicants have been pushed to submit conditional-use applications to limit the commercial use. “These will be reduced. We are headed in a good direction,” he said.

Robertson said applicants complain that banks frown on loans for projects with conditional-use applications and prefer projects with rezoning applications. “With a 20- to 30-year mortgage, the use becomes permanent, which is not the case with a conditional use,” he said.

The same presentation was made to county council members in late December. “This is only preliminary and most likely will change,” Gulbronson said.

Only one significant change has been made to the commercial zoning code since zoning was adopted in the county more than four decades ago.

Ten years ago, county officials halted C-1 zoning because the district allowed up to 12 residential units per acre. Under CR-1 zoning, a conditional-use application is now required for residential projects. However, all land originally zoned C-1 will remain with that zoning. The new commercial districts would only apply to new rezoning applications.

With input from county council, planning and zoning commission and other groups, county staff will write a draft ordinance prior to scheduling public hearings.

Gulbronson said the seven proposed commercial zoning classifications are more specific with smaller numbers of uses. Under the proposal, the existing CR-1 would be broken down into four districts to allow for small, medium and large commercial projects. Commissioner Marty Ross suggested a hotel district should be considered as a separate zoning classification.

“This is a great start. We need to reach out to nongovernmental people,” Ross said.

Janelle Cornwell, director of county planning and zoning, said staff will reach out to other organizations and groups to get input. In addition, she said, the proposed uses under each new district still need to be finalized.

“We want this to be vetted,” Robertson said.

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.

PROPOSED ZONING CLASSIFICATIONS

B-2

Minimum lot size: 3,000 square feet to 3 acres

Maximum gross retail floor area: 25,000 square feet

Designed to serve a small area with low- to medium-density residential neighborhoods with limited signage.

C-2, medium commercial

Minimum lot size: 15,000 square feet with no maximum

Maximum gross retail floor area: 75,000 square feet with no outside storage or sales.

C-3, heavy commercial

Minimum lot size: 3 acres with no maximum

No maximum retail floor area

Designed for large-scale commercial, auto-oriented, boat and RV sales near major traffic routes to serve local and regional customers.

C-4, planned commercial

Minimum lot size: 10 acres with no maximum

Maximum retail floor area: 75,000 square feet

Designed for large-scale mixed commercial and residential use with superior design for working and shopping approved concurrently with a site plan, possibly with conditions.

C-5, service and limited manufacturing

Minimum lot size: 25,000 square feet

No maximum retail floor area

Designed for small-scale, light industrial, wholesale distribution, warehousing.

BP-1, professional offices, office parks

No minimum or maximum lot size and no maximum retail floor area

50 percent of the floor area can be used for a limited number of auxiliary uses that support office use, including restaurants.

I-1, institutional such as schools and hospitals

No minimum or maximum lot size and no maximum square footage