In the current debate over zoning requests from developers, one issue consistently overlooked is, what is the overriding principle that should guide council as it considers zoning changes.
The answers are found in Title 9 of the Delaware Code, Section 6904(a), and in parallel provisions of Sussex County Code Section 115-3. County council enacted Section 115-3 in accordance with the grant of broad authority from the state, including the provisions relating to subdivisions (Chapter 99) and zoning (Chapter 115), as first principles governing its zoning decisions.
Section 6904(a) provides, along with Section 115-3, that zoning decisions “shall be designated and adopted for the purpose of promoting, in accordance with the present and future needs, the health, safety, morals, convenience, order, prosperity and general welfare of the inhabitants of Sussex County, Delaware, including, amongst other things…”
• Lessening of congestion in the streets or roads
• Securing safety from fire, flood and other dangers
• Providing adequate light and air
• Preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement
• Promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, water and air pollution abatement, drainage, sanitation, education opportunities, recreation, soil fertility, food supply and protection of the tax base
• Securing economy in governing expenditures, fostering the state’s agricultural and other industries and the protection of both urban and non-urban development.
In addition, the Quality of Life Act, Title 9 of Delaware Code Section 6951(a), requires a consideration of the cumulative impact of rezoning applications and “to deal effectively with future problems that may result from use and development of land within …” Sussex County.
The only effective way to deal with future problems is to consider the cumulative impact of all pending, planned or expected rezoning applications, and stop or mitigate the problems before they occur.
In the rush to develop Sussex County, we are failing to give full consideration to the overriding purposes of the zoning laws. It is time, in the words of the street crossing sign, to stop, look and listen.
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