Sussex County eases ADU rules

Sussex County is seeking to facilitate the construction of accessory dwelling units as an affordable housing option.

At its June 25 meeting, the Sussex County Planning & Zoning Commission approved an ordinance amending county code regarding accessory dwelling units, which are housing units that have been approved in the county for years. But the type of dwelling, sometimes called in-law suites, had been used sparingly, in part because of land-use regulations that officials deemed too restrictive and outdated.

“We’re taking an old product and just improving it,” said Sussex County Administrator Todd Lawson. “This will make it easier, more streamlined and simpler to promote more flexible and affordable housing options in Sussex County.”

What are they?

ADUs are self-contained living units that are secondary to the main living unit on the property and include independent living amenities such as a separate entrance, bathroom, and kitchen. The unit may be attached to or separate from the main dwelling. ADUs do not include duplexes, tourist homes, or guest houses.

The outdated regulation refers to these units as studio apartments in a garage, which does not reflect current real estate market trends.

The changes include the announcement that applicants will no longer be required to apply to the Sussex County Board of Adjustment for approval of an exception to special-use rules to add an ADU to their residential lot.

The new regulations allow for more options, whether they are separate from an existing dwelling unit or attached, and raise the maximum usable square footage to 1,000 square feet. The new regulations also allow ADUs to have a stand-alone kitchen space, a major feature of dwelling units that was previously prohibited under county code.

Any lot where an ADU is to be placed will still need to have adequate sewer capacity and will need to be inspected by county staff to ensure proper setbacks and that all required building permits have been filed. Private deed restrictions or homeowners’ association rules governing secondary dwelling units will take precedence over the new county rules. The ordinance applies only to unincorporated parts of the county, not townships.

“This will not override the HOA requirements. I want to make that clear,” Councilman Mark Schaeffer said. “We have no say in the municipalities, so this bill applies to the unincorporated areas of Sussex County.”

Units cannot be constructed in front of the primary residence on lots less than 3 acres, lots must be at least 10,000 square feet in size, and units cannot occupy more than 50% of the lot area.

Used as rental

Asked about rentals, Assistant District Attorney Vince Robertson said one or both of the properties may be rentals, though he hopes the vast majority will be owner-occupied units.

“It’s not written in stone; it’s a starting point. The council can come back to it as we learn,” said council chairman Mike Vincent.

Secondary housing units are a fraction of the county’s total housing stock, with fewer than 75 units approved in the county in the past five years. The county has allowed this type of housing since 1998.

The old rules are outdated

County officials said the changes will bring county regulations into line with state and national housing code requirements and will be another tool to assist county officials in their efforts to promote affordable housing options in southern Delaware.

“The old rules were really impractical and didn’t do much to create really usable living space,” Lawson said. “Housing needs, especially affordability, are very important today, so we wanted to look at ways that we could, from a land use perspective, give the community the flexibility that they need and promote affordability and housing options here in Sussex County.”

The new rules come into effect immediately. To read the regulation, go to https://sussexcountyde.gov/ordinances.

ADU Regulations

• Must not exceed 1,000 square feet of usable area
• One off-street parking space must be provided
• Recreational vehicles are not permitted; units must be built
• Existing HOA agreements apply
• It can be attached to or detached from the main residence and can also incorporate existing interior space, such as a finished basement.
• The district engineer may permit the connection of more than one existing structure to one building sewer line.
• Plot coverage no more than 50%
• Minimum lot size is 10,000 square feet
• The unit must accommodate existing offsets at the front, side and rear of the existing structure.