Sussex County easing ADU regulations

Sussex County is trying to make it easier to construct accessory dwelling units as an option of affordable housing.

At its June 25 meeting, Sussex County Council approved an ordinance that amends county code as it pertains to accessory dwelling units, which are residential units that have been approved in the county for years. However, the housing type, sometimes known as in-law suites, has been used sparingly, in part because of land-use rules that officials said were too restrictive and outdated.

“We are taking an old product and simply making it better,” said Sussex County Administrator Todd Lawson. “This will make it easier, more streamlined and straightforward to help promote more flexibility and affordable housing options in Sussex County.”

What are they?

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

The outdated ordinance refers to the units as garage studio apartments, which does not reflect current housing trends.

Among some of the changes, applicants will no longer be required to go before the Sussex County Board of Adjustment to seek special-use exception approval to include an ADU on their residential lot.

The new rules allow for more options, whether separate from an existing housing unit or attached, and raise the maximum floor area to 1,000 square feet. The new rules also will allow ADUs to have self-contained kitchen space, a major feature of living quarters that was previously prohibited under county code.

Any lot proposed to include an ADU would still be required to have adequate sewer capacity, and would have to be reviewed by county staff to ensure appropriate setbacks and to ensure any required building permits are filed. Private deed restrictions or homeowners’ association rules governing secondary housing units would take precedence over the new county rules. The ordinance is applicable only in unincorporated parts of the county, not municipalities.

“This will not override HOA requirements. I want to make that perfectly clear,” said Councilman Mark Schaeffer. “We do not have influence over municipalities, so this ordinance is in unincorporated areas of Sussex County.”

Units cannot be constructed in front of the primary residence on properties less than 3 acres, lots must be a minimum of 10,000 square feet and the units can’t cover more than 50% of a lot.

Used as rentals

When asked about rentals, assistant county attorney Vince Robertson said one or both of the properties could be rentals, although it’s hoped the vast majority will be owner-occupied units.

“This is not cast in stone; it’s a starting point. Council can revisit as we learn as we go,” said Council President Mike Vincent.

Secondary housing units comprise a fraction of the county’s overall housing, with fewer than 75 of the units approved in the county in the past five years. The county has permitted the housing type since 1998.

Old rules outdated

County officials said the changes will make the county consistent with statewide and national housing code practices, and will be another tool in helping in the county government’s efforts to promote affordable housing options in southern Delaware.

“The old rules really were impractical and have not done much to create truly usable livable space,” Lawson said. “Housing needs, especially affordability, are very much top of mind today, so we wanted to look at what ways we could, from a land-use standpoint, give the public the flexibility they need, and promote affordability and housing options here in Sussex County.”

The new rules take effect immediately. To read the ordinance, go to https://sussexcountyde.gov/ordinances.

The ADU regulations

• Not to exceed 1,000 square feet of floor space
• One space for off-street parking must be provided
• Recreational vehicles are not permitted; units must be constructed
• Existing HOA covenants apply
• Can be attached or detached to primary residence and include existing interior space such as a finished basement
• County engineer may allow more than one existing structure to be connected to a single building sewer line
• Lot coverage not greater than 50%
• Minimum size lot is 10,000 square feet
• Unit must comply with existing front, side and rear setbacks of existing structure.