The following is an open letter to Sussex County Council, Sussex County Public Health Department, Sussex County Superior Court and all citizens.
Protecting public health and honoring existing zoning codes are fundamental responsibilities of the Sussex County Planning and Zoning Commission and of Sussex County Council. Therefore, rejecting CU 2001 is not the county council’s choice. It is their obligation.
The P&Z Commission recognized this responsibility and voted to deny CU 2001 at its Dec. 11 session. However, at Tuesday’s county council session, two council members transparently ignored on-the-record testimony and postured, equivocated and unsuccessfully scrabbled to contrive rationale to justify CU 2001. Eventually the council voted to defer the decision rather than reject CU 2001. Why?
The intended purpose of CU 2001 is to operate a veterinarian practice inside the applicant’s home, which is located within an AR-1 Residential District. This intended purpose violates common sense and fundamental public health premises written into three AR-1 zoning statutes. The overarching intention of controlling AR-1 zoning codes is to protect health by separating veterinary practices and services from residential neighbors.
The Sussex County Planning and Zoning Commission should have quashed this application upon receipt of the applicant’s 1 April Service Level Application Request. The stated purpose was to use the applicant’s AR-1 residence as an in-the-home “veterinarian animal hospital,” clinic, and practice. Bottom line, these uses are prohibited by three long-standing AR-1 zoning statutes.
• AR-1 Statute 115-19: Purpose…”to provide for low-density single-family residential development, together with such churches, recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.”
Note 1: The Intended AR-1 purpose is “residential” (not) “commercial.” Note 2: A vet animal practice is not normally compatible with residential surroundings. Conclusion: Reject CU 2001.
• 2: AR-1 Statute 115-20: AR-1 permitted uses…Section… B. On a farm of five acres or more, a building or land may be used for…Hospitals or clinics for large or small animals, provided that all buildings, structures, pens or open kennels shall be located at least 200 feet from any lot lines.
Note 1: The applicant’s property is less than one acre in size. Note 2: The applicant’s property does not satisfy the 200-foot lot line setback requirement. Conclusion: Reject CU 2001.
• AR-1 Statute 115-22: AR-1 Conditional Uses - Item 11: AR-1 Residential Districts may be used for “… Hospital and Sanitariums, but not as Animal Hospitals.” Conclusion: Reject CU 2001.
CU 2001 Implications: The applicant plans to treat six or more sick animals per day (that equates to 30 sick animals per week; 120 per month). Treating 120 sick animals inside the confines of a four-room home, without barrier between kitchen and diagnosis and treatment area that also doubles as residential living room. This is unhealthy and is inadequate to comply with CDC or OSHA veterinary association cleanup and sanitation practices, let alone removing urine and feces by animals relieving themselves before and after their appointments.
A review of the applicant’s website lists: “heart, lung, and kidney diseases. Seizures, paresis, paralysis, and intervertebral disk disease. Gastrointestinal disorder including diarrhea, constipation, food sensitivities, and vomiting.” All are health risks in properly equipped facilities. AR-1 zone code bars them from being in-home or within residential neighborhoods.
Sussex County Council, do your job. Follow common sense. Protect public health. Enforce existing long-standing AR-1 zoning code and reject CU 2001.
George Dellinger
Nassau Acres and Old Mill Road Home Owners Associations
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