[HISTORY: Adopted by the Levy Court of Kent
County 9-26-2023 by Ord. No. 23-20. Amendments noted where applicable.]
The purpose of this chapter is to promote the development of
accessory dwelling units (ADUs) within Kent County, to accommodate
changing housing needs, increase housing supply in a sustainable manner,
and provide affordable housing options. This chapter seeks to balance
the need for additional housing while maintaining the character and
integrity of existing neighborhoods.
As used in this chapter, the following terms shall have the
meanings indicated:
A self-contained dwelling unit that is secondary to the principal
dwelling unit on a property and includes independent living facilities,
such as a separate entrance, bathroom, and kitchen. The dwelling unit
may be attached to the principal dwelling (accessory apartment) or
detached on the same lot (cottage).
The sum of the gross horizontal areas of the several floors
of a dwelling, exclusive of garages, basements, cellars, attics and
open porches, measured from the exterior faces of the exterior walls.
A.
Accessory dwelling units shall be permitted in all residential zones
subject to compliance with other applicable regulations and building
codes.
B.
Each property is limited to one accessory dwelling unit, either attached
or detached.
C.
Manufactured homes shall not be permitted as accessory dwelling units.
D.
One dwelling unit on the property shall be owner-occupied. A notice
and declaration of land use restriction to this effect shall be signed
and recorded prior to issuance of a certificate of use and/or building
permit for the accessory dwelling unit.
E.
Any request for an accessory dwelling unit shall conform to all provisions
of the Delaware State Plumbing Code, and no dwelling unit that is
served by an on-site wastewater disposal system shall be modified
to create an accessory dwelling unit until a permit for such has been
secured by the Department of Natural Resources and Environmental Control.
A.
The maximum size of the accessory dwelling unit shall not exceed
50% of the floor area of the principal dwelling unit. Square footage
required to meet accessibility standards shall not count toward the
total square footage limit.
B.
Detached accessory dwelling units shall be constructed on a slab
or crawl space. Basements are not permitted.
D.
Total lot coverage (impervious cover) is limited to 50%.
