Tue, Nov 10, 2009
Sussex officials form committee to
deal with manufactured home issues
Zoning, variances on the debate table
Sussex County Council took no action on an amended ordinance to deal with issues relating to the placement of sheds in manufactured home parks, but it established an ad-hoc committee to review all zoning related to manufactured homes.

THE ISSUES
• Variances for nonconforming sheds and other accessory buildings

• The 35 percent lot coverage requirement – all structures combined cannot exceed 35 percent of the square footage of the lot; on a typical 5,000-square-foot lot that equates to 1,750 square feet, but some lots are smaller in older parks – 4,000 square feet or less

• Fees: variances cost $400 and the required survey ranges from $400 to $800

• Replacement of old homes with new, larger homes on small lots; with the demand for larger manufactured homes, from 1,200 to more than 2,000 square feet, the lot coverage issue becomes a concern, because a doublewide home with a shed, steps and a deck could easily exceed the 35 percent requirement

• Setbacks and a 20-foot separation regulation between structures; setbacks are 25 feet from the front boundary line and 10 feet from side and rear property lines for all new parks. The setback was reduced to 5 feet in some older parks.

WHAT YOU MAY NOT KNOW
• Owners of manufactured homes pay a 1 percent county placement tax based on the value of their home. The tax is used to support the county’s independent libraries. Although the total has dropped over the past few years, about $150,000 is collected annually, according to County Finance Director Susan Webb. Revenue from the tax has dropped from $359,000 in fiscal year 2006 to $157,000 in fiscal 2008

• According to the 2000 U.S. Census, 36,000 county residents, or 23 percent of the total population, lived in 23,800 manufactured homes, or 26 percent of all houses in the county

• The average cost of a manufactured home in the Northeast region was $65,000 in 2008, according to the U.S. Dept. of Housing and Urban Development

• According to U.S. Census data, Delaware had an average of 1,160 manufactured home placements annually between 2001 and 2004

• County officials estimate the cost per board of adjustment hearing at approximately $380; most of the cost can be attributed to personnel costs for staff, board members and an attorney at about $310. Advertising and postage cost about $70.

Council decided at its Tuesday, Nov. 3 meeting that the committee will be composed of park owners, tenants and representatives from the Delaware Manufactured Home Owners Association.

The amended ordinance would allow for replacement of some small, nonconforming sheds on lots if the original shed was placed there with a county building permit.

Most of the meeting revolved around manufactured home land-use issues.

Council President Vance Phillips, R-Laurel, broke from his policy of addressing council to allow members of the audience to speak.

Some council members seemed to want major changes in the way the county handles zoning issues in the parks.

“Is there a way to scrap it all?” asked Councilman George Cole, R-Ocean View.

Cole questioned why the county conducts public hearings on matters that should be between park owners and tenants.

“Why do they need to get a permit when it’s already been agreed upon by the park owner?” he asked.

Surveys, fees and lot lines

Fees were also questioned. “Our fees are deemed excessive by many,” Cole said.

One of the major expenses is the requirement of a survey for variance requests. Lawrence Lank, director of planning and zoning, said surveys can cost from $400 to $800.

“Why can’t the parks submit the survey?” Cole asked.

“We are still working on that,” replied Lank.

Lank said about half of the more than 100 parks in Sussex County have updated surveys, but not all have monuments at lot corners.

Cole asked if the survey requirement could be waived if lot delineation was clearly marked. Lank said it could be done under certain circumstances with county inspectors checking on the site.

“But monumentation is the big issue,” Lank said.

“The survey should be the burden of the property owner, not the renter,” Cole said.

Lank agreed. “There should be more responsibility on property owners in some cases,” he said.

County attorney Everett Moore said the county has little leverage to require park owners to mark lot corners. However, county code 115-138b specifically requires the corner of all lots be marked and numbered by a permanent marker.

Lank said that in the past moratoriums have been placed on parks until they completed updated surveys. He recommended the fees for a variance not be reduced, and he said the $400 is the county’s cost for the process. He told council to consider that some sheds were put into place without a building permit, which is a requirement under county code. “If they were never legally placed there, how can we issue a new building permit to replace something?” he asked.

Lank said it’s not fair to other property owners to forgive violations. “It’s hard to create ordinances for older parks and allow older parks to have a different set of rules,” Cole said.

Issues for the committee

“I don’t know why the county is going on your property and doing so much,” Cole said to park owner Steve Class, who was asked to speak by Council President Vance Phillips, R-Laurel.

“I couldn’t agree with you more,” Class said. He said that although he is not speaking for all park owners, he was willing to work on a committee to streamline the system. He said most of the problems with variances and lot coverage are in the older parks.

“You have enough on your plate,” he told council. “Let us get this resolved. We could come up with ideas to take the burden off the county.”

County Administrator David Baker provided a list of the some of the issues the committee could address. Those include exempting unenclosed steps, landings and handicapped ramps from the 35 percent lot coverage requirement; the addition of an administrative variance for some minor issues; and a better definition of what an accessory building - or shed - is. The 20-foot requirement between structures could also be an issue discussed by the committee.

“We are running into problems with that in some parks,” said Baker. Reducing the requirement by 5 feet is a possibility.

In addition, the 35 percent lot coverage requirement is also creating problems in some parks. “Older communities can’t do it,” Class said.

He said many residents want larger homes that are safer, but some homes are too large for small lots in older parks.

Even those critical of the county were impressed with the discussion and formation of the committee. “I think we are moving in the right direction,” said Jeanne Sisk, who lives in Sea Air Village near Rehoboth Beach.

Sisk agreed with Class. She said lot coverage is one of the major problems confronted by older parks. She said many existing residents renovate their homes instead of purchasing newer, larger homes. “It’s the landowners who bring in new homes. Doublewides on single lots – you just can’t do it,” she said.

“If the residents want to make improvements, why are they having such a hard time with it?” asked Councilman Sam Wilson, R-Georgetown.

“You are headed in the right direction,” said Roberta Hemmerich, who lives in a park near Lewes. However, she said, not all park owners are of Class’ caliber.


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