Land Use Application Process

Three Types of Land Use Applications

• Subdivision Approvals without Zoning Change or Conditional Use

If the subdivision proposal is within the zoning regulations of the parcel, P&Z Commission will hold a public hearing and makes the final decision of either approval or denial.

• Zoning Change or Conditional Use Applications

If the land use application needs a zoning change or a conditional use approval, there will be 2 public hearings - at the Planning & Zoning Commission and the County Council. In this case, P&Z makes a recommendation of approval or denial to the Council, and the Council decision is the final.

• Special Use Exception Applications

If the application is for a special use, such as to have the setback reduced or to use the parcel for hazardous use, it goes to the public hearing at the Board of Adjustment (BOA), which meets Monday evenings. BOA's decision of approval or denial is final.

Public Hearing Notices

Each hearing notice must be published in 2 newspapers (in the Bay to Bay News formerly known as Delaware State News and another local newspaper) at least 15 days prior to the hearing , and the hearing notice must be displayed at the site of the proposed application. The hearing notice letters must be mailed to property owners within 200 ft of the proposed property.

Public Record and Public Comments

Public record is the information that the deciding body is to use in making their decisions. In the case of an appeal, the court will review only the public record to decide whether the decision was arbitrary and capricious. Usually public record is open up until the end of the public hearing, and the public comments are accepted while the public record is open.

During the public hearing, the public can speak and are allowed to use visual presentations, such as PowerPoint.

At the end of the hearing, they sometimes decide to leave the public record open to get more information on specific issues. If they inquire the state agencies (DelDOT or DNREC), they may wait for their responses and give the public a chance to comment in writing solely on those agency responses.

Public can make comments by emails or letters via P&Z Office (not P&Z Commission) or directly to Council members before the hearing, but cannot engage in discussions with the Commissioners or the Council members. It is a complicated topic, but in short, they are acting as a Quasi-judicial body in these cases and cannot discuss the application without the presence of both parties - Ex Parte Communication (https://www.americanbar.org/groups/professional_responsibility/publications/model_code_of_judicial_conduct/model_code_of_judicial_conduct_canon_2/rule2_9expartecommunications/)

Contact Info

To find contact info for Council Members: https://sites.google.com/view/sussex2030-council/council-members

For P&Z Office, email to pandz@sussexcountyde.gov