Agenda - Planning Commission - 04/05/2012

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Zoning Bulletin February 10, 2012 j Volume 6 I No. 3 mandates constituted zoning "because they impose[d] land use restric- tions on Sussex County's inland bays watersheds by multiple methods that are well- established zoning actions." "Zoning," noted the court, is defined as "the division of land into distinct districts and the regulation of certain uses and developments within those districts...." Setbacks and buffers have been judicially recognized as part of a zoning scheme, noted the court. The court found that the PCS Regulations not only mandated a buffer, thus constituting zoning, but also went "far beyond establish- ing buffer zones." Among other things, again, the court pointed to § 4.7 of the PCS Regulations, which provided that no final major subdivision plats or final site plans could even be submitted to the County for con - sideration unless the application included the buffer zones and restric- tions provided for in the PCS Regulations. The court found that, accord- ingly, the PCS Regulations purported "to completely prohibit [the Coun- ty] from exercising its zoning authority in the absence of compliance." The court further found that DNREC's general legislative authority to control pollution and to protect the environment was "insufficient to authorize DNREC to adopt regulations that zone Sussex County's inland bays watersheds." The court concluded that DNREC exceeded its powers in enacting the PCS Regulations because: (1) the PCS Regulations constituted zon- ing; ( the PCS Regulations directly conflicted with the County Zoning Ordinance; and (3) DNREC lacked the statutory authority to engage in zoning practices. The court held that § 4 and those portions of % 5 adopting buffer restrictions under § 4 were void and must be stricken. See also: Concerned Citizens of Cedar Neck, Inc. v. Sussex County Council, 1998 WL 671235 (Del. Ch. 1998). See also: Coker v. Kent County Levy Court, 2008 WL 5451337 (Del. Ch. 2008). Zoning News from Around the Nation DISTRICT OF COLUMBIA Vincent Orange currently representing Ward 5-has proposed "an emergency bill that will place limits on the number of medical marijua- na facilities and strip clubs that can go in any particular ward." Under the draft bill, only five marijuana cultivation centers could be permitted in any single ward. Medical marijuana dispensaries would be limited to only two per ward. Source: The Washington Post; www.washingtonpost.com © 2012 Thomson Reuters 11