Millsboro Charter Code Review Committee Meeting - August 13, 2026

The Charter Code Review Committee met on Thursday, August 13, 2026, at 11:30 a.m. to discuss updates on state land-use legislation (Senate Bill 23), proposed charter revisions for mixed-use zoning, and a new ordinance regulating motorized recreational vehicles (e-bikes). The committee also reviewed its mission statement and approved motions to bring items to the September town council agenda.

Public Comments & Testimony

• No members of the public were present or offered comments.

Discussion Items

• State Mandate (SB 23) and Zoning Reform: Town Manager Jamie Burke reported on calls with Sussex County Administrator Todd Lawson and the Delaware League of Local Governments. He noted that the county has suspended all public hearings related to zoning to avoid conflicts with state mandates. The committee discussed strategies to push back, including amending the town charter to require public hearings on certain matters, increasing lobbying efforts, and launching a public outreach campaign to highlight the loss of local control. Members expressed frustration that SB 23, while promoted as an affordable housing measure, effectively overrides municipal home rule and zoning authority. The committee also considered the possibility of suspending public hearings in Millsboro until the state clarifies implementation regulations. No formal vote was taken on this point, but the idea will be brought to the September council meeting.
• Charter Revisions – Mixed-Use in Urban Business Zone: Assistant Town Manager Ashley presented a staff proposal to update the town code to explicitly allow mixed-use development (residential above commercial) in the Urban Business (UB) district, which currently only permits such uses as grandfathered nonconforming uses. The proposal includes adding definitions for "condominium flat" and "upper-level apartment" based on language from Dagsboro and Selbyville. Discussion touched on height limits (current maximum 35 feet / three stories), design standards, and the potential creation of an architectural review board. Councilman Presley urged considering whether higher densities could satisfy state goals, but several members cautioned against exceeding three stories downtown. The committee also debated the timing of these changes given the uncertainty around SB 23, with some members arguing to wait until state regulations are known. A motion was made to place the mixed-use revision on the September council agenda and to obtain legal language from the town solicitor, with the understanding that accessory dwelling units (ADUs) would be exempted from this specific change. The motion carried with all in favor.
• Proposed Ordinance for Motorized Recreational Vehicles (E-bikes): The chief of police requested the committee consider a new ordinance regulating motorized recreational vehicles, including electric dirt bikes, scooters, and similar devices not already covered by state law. The committee discussed safety concerns, particularly after a recent pedestrian collision in Plantation Lakes. Members noted that electric vehicles are silent and can travel at high speeds, posing risks in neighborhoods and parks. The proposal would amend Chapter 165 of the town code (currently covering skateboards) to add definitions and prohibitions on riding such vehicles on public streets, sidewalks, trails, and municipal property unless authorized. A motion to place this matter on the September council agenda passed unanimously.

Key Outcomes

• Motion carried: To place the mixed-use zoning revision on the September council agenda and direct the town solicitor to draft language, exempting ADUs (all in favor).
• Motion carried: To place the proposed ordinance on motorized recreational vehicles on the September council agenda (all in favor).
• The committee agreed to circulate the mission statement again for member review and confirmation at the next meeting.

Next Steps

• The town solicitor will prepare draft amendments for mixed-use and e-bike regulations for the September town council meeting.
• Town staff will continue monitoring SB 23 implementation and coordinate with county and state officials. A public outreach effort to inform residents about the impact of the state mandate is planned.