DEVELOPMENT

Sussex P&Z delays action on accessory dwelling units, buffers

By Brian Gilliland
Posted 5/9/24

Following more than an hour of discussion Wednesday, the Sussex County Planning & Zoning Commission deferred action on proposed rules governing accessory dwelling units and perimeter buffer zones.

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DEVELOPMENT

Sussex P&Z delays action on accessory dwelling units, buffers

Posted

GEORGETOWN — Following more than an hour of discussion Wednesday, the Sussex County Planning & Zoning Commission deferred action on proposed rules governing accessory dwelling units and perimeter buffer zones.

The board also closed the public record on the ordinance regarding the former, which defines accessory dwelling units as self-contained residences secondary to principal dwellings that include a separate entrance, bathroom and kitchen. They are not required to be attached to the primary residence and do not include duplexes, tourist homes, servant quarters or guesthouses.

If approved, residents would not need to seek approval before installing such a unit, provided they follow certain conditions, like paying a county fee.

One of those conditions — that the primary and accessory unit not take up more than half the total lot size — came under scrutiny, though, after it was observed that the rule could affect existing garages or pole barns.

The flip side, according to county attorney Vince Robertson, is the possibility of “ballooning” developments, where a 100-acre parcel approved for two units per acre becomes a 400-unit subdivision quickly because of accessory unit legislation.

He said such situations would throw off a number of development-related measurements, such as the Department of Transportation’s figures on traffic flow.

Acknowledging that these were important considerations, the commission decided to end the discussion.

Meantime, the perimeter buffer legislation — described earlier this year as a top priority for County Council by county administrator Todd Lawson — would establish what the buffers are composed of and how large they should be, a dimension still being discussed.

According to the ordinance, buffers are established at the boundary of every major subdivision or planned community but not within their internal boundaries.

The Sussex Preservation Coalition, an organization of about 5,000 members, has offered many suggestions to the proposed ordinance, including adding another requirement, in the form of a conservation plan, to the planning process.

Part of the reason the public record on the buffers was kept open was to allow Rich Borrasso, a representative of the coalition, to provide additional information regarding conservation plans and planning.

However, several other members of the public spoke and expressed their desire to provide additional input.

Therefore, the board agreed it would keep the record open for another 10 business days. The issue will come back at a future meeting, during which the commission will issue recommendations and forward the ordinance to County Council.

Then, after a public hearing, council has several options, including keeping the public record open to gather even more information, outright approval or denial, or deferral to a later date, explained Chip Guy, Sussex’s public information officer.

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