Rising Sun staff to seek multiple rezoning resolutions after comprehensive plan flags 'spot zoning'

Town staff told the mayor and commissioners on Jan. 11 that they will bring a series of rezoning resolutions after a review of the town’s Feb. 2019 comprehensive plan identified examples of so-called spot zoning that could create unintended commercial uses in residential neighborhoods.

The presentations and discussion centered on a handful of parcels on Mount Street and Main Street that staff said are zoned differently than surrounding properties. An unnamed town official said the proposed rezoning would generally not make current owners noncompliant and, in some cases, could help them.

The official said the comprehensive plan included an "employment center" concept for the Route 1 corridor. While Rising Sun does not qualify for state or federal enterprise-zone designations, staff described offering local incentives such as targeted relief from impact fees and encouraging employers to reserve a portion of new jobs for Rising Sun residents.

The planning commission recommended allowing two vacant Maple Heights lots — referred to in the meeting as lots 6 and 7 — to be used for two residential homes rather than commercial development. According to the official, the lots had been approved as part of phase one of the subdivision in 2003, then recorded later, and were later rezoned to "central commercial," creating a mismatch with surrounding residences. The planning commission recommended that the applicants be granted a special exception permitting two residential homes so the development matches neighborhood character.

Town staff said they will work with the town attorney to decide whether to submit a single omnibus resolution or separate resolutions for the different rezoning items and will follow the required process of sending proposed resolutions to the planning commission for review before the commissioners may vote.

The official warned of possible unintended consequences if zoning remains inconsistent: for example, home occupations that are permitted in residential zones may be restricted if a lot is classified as commercial, while group homes or halfway houses (permitted in the commercial designation discussed at the meeting) could become allowable in otherwise residential areas. The speaker urged the commission to act to prevent such outcomes.