It's official: Sussex upgrades events ordinance

Sussex County Council voted 4-1 to approve an amended short-term special events ordinance at its Sept. 18 meeting. County officials say the modified ordinance is more understandable than the ordinance presented to the public nearly a year ago.

The ordinance updates one in place since the 1990s to ensure that occasional events do not become permanent events and change the approved use of a parcel of land.

The update keeps in place a limit of no more than three events permitted on a property each calendar year, and mandates reviews by the county planning and zoning department, and emergency operations and Emergency Medical Services offices.

More than three events per year could trigger the need for other land-use processes, including conditional use or rezoning approvals. Under the ordinance, special events are any events held outdoors or within a temporary structure for a purpose different from the permitted use of a parcel. Special events include carnivals, circuses, promotional and tent sales, fairs, festivals, concerts, rodeos, shows, races/walks and all other mass gathering events.

Events in municipalities and on private property for personal enjoyment and not for business or commercial uses, and events such as weddings and parties on private land are exempt, as are events on federal, state and county land. In addition, property owned by schools, religious organizations, volunteer fire departments, fraternal organizations and veterans organizations is also exempt.

However, even for events on land that is exempt from the ordinance, public safety coverage coordination requirements still apply.

Events are approved by the planning and zoning director or her designee. The director has the option to place conditions on an event. Officials also approved a new online application form. Failure to file an application could result in termination of the special event's administrative approval.

Councilman Rob Arlett, R-Frankford, asked for a two-week deferral to allow more time to study the ordinance. His motion did not receive a second. “Two weeks is not a big deal when it's been almost a year,” he said.

“I've been critical of this, and it doesn't go as far as I want, but we need to go forward,” said Councilman George Cole, R-Ocean View.

“Is it perfect? Probably not,” said Council President Mike Vincent, R-Seaford. “We can always come back and tweak it, but hopefully we will not have to.”

With council’s adoption, the ordinance takes effect immediately, and will apply to areas of unincorporated Sussex County only. To view a copy of the ordinance, go to sussexcountyde.gov/special-events-ordinance.