Sussex under pressure to redefine a dwelling

Sussex County Council wants another week to consider revising its code on the definitions of dwellings and families.

Under current code, manufactured homes are included with hotels, motels and tourist homes. If approved, the new ordinance would list manufactured homes as dwellings.

Included in the same proposed ordinance is a set of new regulations defining a family. At its Oct. 7 meeting, council voted to allow more time for the public and staff to weigh in on the proposed changes.

Dwelling definition outdated

Questions about the definition of dwelling surfaced during a public hearing on a proposed RV park and campground in Massey's Landing. The proposed site plan for Castaways at Masseys Landing included campsites near the boundary line of an adjacent manufactured home park.

Under county code, campsites must be at least 400 feet from an existing dwelling. Officials decided that regulation did not apply because under code the manufactured homes in the park were not considered dwellings, so the setbacks did not apply.

That project – recommended for approval last June 27 by planning and zoning – has not yet come up for vote by county council.

Planning and zoning commissioners also recommended approval of the amended dwelling and family definition ordinance.

Resident offers solutions

Councilman George Cole, R-Ocean View, said council should consider two options offered by Jim Truitt of Rehoboth Beach who testified during council's Oct. 7 public hearing. Truitt said council should grandfather every existing, recorded lot and then separate the two matters into different ordinances.

He said no one has a problem with defining manufactured homes as dwellings, but residents should question the proposed updated regulations defining a family. Truitt owns Silver View Farms, a manufactured home park near Rehoboth Beach.

He said Sussex County is being singled out and the new definitions could affect the quality of life in the county because there would be no limitations on the number of related people – including foster and adopted children – who could live in a residence. “It wasn't meant to be this way,” he said.

Truitt said he could foresee pockets of large groups of people living in established communities and overburdening the infrastructure. “I can see my park going downhill, and I can see my community going downhill over the years,” he said.

Vince Robertson, assistant county attorney, said the proposed updated regulations are not much different than what is currently included in county code. Robertson said landlords and communities can still set their own guidelines and deed restrictions to limit how many people can live in a home as long as the guidelines conform to federal and state law.

“We don't want to shoot from the hip. There is a lot on the table, and the input has been confusing. I want to make sure we get it right,” Cole said, adding he would appreciate more public and staff input.

Sussex under federal order

The county is under a federal consent decree with the Housing and Urban Development agency to update its housing code to conform with state and federal guidelines after Diamond State Land Trust filed a fair-housing discrimination case. Planning and zoning denied plans for the land trust's New Horizons cluster subdivision near Laurel because it was six miles away from the nearest town center. County council then denied the appeal.

Under terms of the settlement, the county admitted no wrongdoing but the county’s insurance carrier paid a $750,000 settlement. The developer was allowed to resubmit the plans, but the proposal has been shelved by the land trust.

Robertson said the county has little “wiggle room” in updating the ordinance because of the consent decree.

What the ordinance includes

The proposed ordinance would add definitions of single and multifamily dwellings to avoid unintended discrimination under state and federal law, said assistant county attorney Vince Robertson.

A family may include one or two people living together as well as their natural, adopted, step-children and foster children. Children are also permitted to reside with legally appointed guardians.

A single-family dwelling would be defined as a place of residence with single culinary facilities allowing the following:

• One family, which may consist of one person or two or more related persons by blood or marriage with any number of natural, foster, step or adopted children.

• Two single parents or guardians with any number of children.

• A group of not more than four unrelated persons.

• A licensed group residential facility serving 10 or fewer persons with disabilities on a 24-hour basis.

• One or two elderly and/or disabled persons who own a dwelling and one other family consisting of one or two persons with any number of children.