Sussex council wants to ease ADU regulations

March 1, 2024 6

In a recent American Association of Retired Persons-Delaware analysis of homelessness and eviction data in Delaware, accessory dwelling units were listed as a viable alternative to provide affordable housing.

The state agency wants to make the expanded use of ADUs a statewide priority.

While AARP applauded a new Kent County ordinance relaxing regulations, Sussex County is following that same path.

Sussex County Council is taking steps to ease its current ADU regulations, which have not changed significantly since first adopted in 1998.

For starters, Sussex County Planning & Zoning Director Jamie Whitehouse said wording in county code needs to be changed from garage-studio apartments to accessory dwelling units.

Whitehouse said ADUs are secondary, self-contained, permanent structures with a kitchen and bathroom on a lot occupied by an existing home. He said they are for year-round living, and not RVs or trailers.

Under current regulations, units must be detached from the main building on the lot, must be less than 800 square feet and have one parking space.

Whitehouse said council could consider amending the ordinance to allow units to be detached or unattached, and to be larger than 800 square feet.

Changes made in 2019 provide for a $50 application fee and a notification process for immediate neighbors when a request for a unit is made. Residents have 10 days to comment. If there is no opposition, a unit can be approved by the planning & zoning staff. If there is opposition, the application is ruled on by the Sussex County Board of Adjustment.

Since 2019, the county has approved 72 units, with 62 approved administratively and 10 by the board of adjustment.

Councilman John Rieley asked Whitehouse if park models, like those constructed at Great Outdoors Cottages in Georgetown, would be permitted.

Whitehouse responded that the ordinance could be written to permit their use.

Whitehouse said he would have a draft ordinance for council to consider as soon as possible.

“We want this to be a quick turnaround. We want to move forward,” said Council President Mike Vincent.