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Amendments added to Sussex affordable rental program

County council set to vote on updated ordinance at its Oct. 18 meeting
September 30, 2022

During its Sept. 27 meeting, Sussex County Council received the final proposed amendments to the affordable rental unit ordinance for multifamily housing in certain sections of the county.

The current rental ordinance is being updated to better address the need for affordable housing in the county. The ordinance would provide incentives and design flexibility to developers to include affordable units in rental apartment complexes.

In spite of an outcry to require public hearings for applications under the ordinance, that change is not included in the proposed amendments.

The proposed ordinance would allow developers to build apartment buildings with affordable units by right without a public hearing usually required for multifamily housing.

Under the proposal, projects would be subject to site-plan review by the Sussex County Planning & Zoning Commission and county staff, as well as state and Sussex Conservation District review. Assistant county attorney Vince Robertson said the provision is not a precedent because in C-1 commercial zoning districts, multifamily housing up to 12 units per acre is a permitted use without a hearing.

Amendments include:

• Deletion of the program eligibility requirements that renters must live or work in Sussex County for a year. Robertson said federal fair housing regulations are at issue. He said preference would be given to potential renters who have lived or worked in the county for a year

• Addition of a mandatory comprehensive review of the program before Jan. 1, 2028, subject to economic, housing, development and land-use trends in the county. Councilman John Rieley suggested council should get an annual report on the program.

• A change from 30% to 25% for the number of affordable units required in a project

• The addition of commercial areas to town centers and developing areas where projects can be constructed

• Removal of a requirement that all developments be located near an existing DART bus route. Robertson said the amendment would relate to road classifications, including at least 2,640 feet from a primary or minor arterial road or major collector road. “This will keep projects off rural roads,” Robertson said.

• A change in the maximum height requirement. Under the proposed ordinance, apartments can be 52 feet tall with 100-foot setbacks, which is 10 feet taller than the current county standard. If a developer choses to build at 42 feet, the setback is changed to 50 feet

• Removal of a requirement that the primary views from all units be open space or recreational amenities. “This is too limiting in design. We do not want to get into the business of design,” Robertson said.

The affordable units would be available to qualified renters whose annual income is 80% or less of the county's average median income.

Other regulations include: By-right development without a public hearing; density up to 12 units per acre; open space of 50%; connection to central water and sewer service; interconnectivity to any adjacent commercially zoned properties; sidewalks on at least one side of all streets with connectivity to surrounding sidewalks; and walking and biking trails must be interconnected.

Robertson said he would make a final presentation for council to vote at the Tuesday, Oct. 18 meeting. The Sussex County Planning & Zoning Commission has recommended approval of the ordinance.

 

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