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Kent County, DE Building Setbacks & Zoning: Lot Coverage Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

ADU lot coverage cap
50% of lot as impervious surface
Scope
Buildings, driveways, patios combined
Citation
Kent County Code § 101-4.D
General zoning tables
No separate coverage % listed
Variances
Board of Adjustment, Chapter 205

Summary

Kent County Code § 101-4.D caps total lot coverage, meaning impervious surface such as buildings, driveways and patios, at 50% for any property adding an accessory dwelling unit. The county's general residential zoning tables list lot size, frontage, width, setbacks and height by district but do not print a separate impervious-coverage percentage outside this ADU-triggered limit.

These county ordinances apply to unincorporated areas of Kent County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

D. Total lot coverage (impervious cover) is limited to 50%.

Full Breakdown

Section 101-4 of the Kent County Code sets the development standards that apply once a property adds an accessory dwelling unit (ADU). Subsection D states plainly: "Total lot coverage (impervious cover) is limited to 50%." That cap applies to the whole lot, principal dwelling, ADU, driveways, patios and any other impervious surface combined, once construction of the ADU is proposed. It works alongside the chapter's other dimensional limits: the ADU itself cannot exceed 50% of the principal dwelling's floor area (§ 101-4.A), a detached ADU must sit on a slab or crawl space with no basement (§ 101-4.B), and setbacks for a detached ADU must be at least half the principal structure's side and rear setbacks while sitting behind that structure (§ 101-4.C).

Outside the ADU chapter, Kent County's residential district tables at §§ 205-81 and 205-82 set lot size, frontage, lot width, setbacks and building height by zoning district (AC, AR, RS1, RS5, RMH and RM) but do not publish a separate maximum lot coverage percentage for ordinary residential development; § 101-4.D is the clearest lot-coverage figure printed in the Code, and it is specific to properties building an ADU. The Board of Adjustment may grant variances from the 50% cap under the standards in Chapter 205, Zoning, per § 101-4.F.

Violations & Fines

Exceeding the 50% impervious cap on an ADU property is a Chapter 101 violation enforceable under § 90-8: administrative fines of $100 for a first ticket, $200 for a second, and $300 for later tickets within a year, doubling if unpaid within 30 calendar days, with appeal to the Board of Appeals within 10 days under § 90-18.B.

Frequently Asked Questions

What is the maximum lot coverage in Kent County?
Kent County's code does not publish a general lot-coverage percentage for ordinary residential zoning districts; § 101-4.D sets the clearest figure printed in the Code, a 50% impervious-cover cap that applies specifically to properties adding an accessory dwelling unit.
Does the 50% limit include my driveway and patio?
Yes. Section 101-4.D caps "total lot coverage (impervious cover)" at 50%, a term that covers buildings, driveways, patios and any other surface that prevents water from soaking into the ground, not just the footprint of the structures themselves.
Can I exceed the lot coverage cap with a variance?
Possibly. Section 101-4.F lets the Board of Adjustment consider variances from the ADU chapter's development standards, including the 50% lot coverage cap, using the standards and procedures set out in Chapter 205, Zoning.

Sources & Official References

Other rules in Kent County

All Kent County rules

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