Home Occupation Permits: Newark vs Wilmington
How do home occupation permits rules compare between Newark, DE and Wilmington, DE?
Newark and Wilmington have similar restriction levels.
Newark, DE
New Castle County
Unincorporated New Castle County permits home occupations under UDC §40.03.420 (Accessory uses, residential home uses) without a discretionary permit for the basic, no-employee operation, but a Conditional Home Occupation Agreement is required if the operator wants to bring on non-resident employees or independent contractors. The home occupation may not exceed 25% of the dwelling's gross floor area, must remain inside the dwelling, may have up to two full-time (or four part-time, max two on-site) non-resident employees with the agreement, and must use only the principal driveway for parking.
View full Newark rules →Wilmington, DE
New Castle County
Unincorporated New Castle County permits home occupations under UDC §40.03.420 (Accessory uses, residential home uses) without a discretionary permit for the basic, no-employee operation, but a Conditional Home Occupation Agreement is required if the operator wants to bring on non-resident employees or independent contractors. The home occupation may not exceed 25% of the dwelling's gross floor area, must remain inside the dwelling, may have up to two full-time (or four part-time, max two on-site) non-resident employees with the agreement, and must use only the principal driveway for parking.
View full Wilmington rules →Key Facts Comparison
| Fact | Newark | Wilmington |
|---|---|---|
| Authority | NCC UDC §40.03.420 (Accessory uses, residential home uses) | NCC UDC §40.03.420 (Accessory uses, residential home uses) |
| Maximum Area | 25% of dwelling gross floor area (GFA) | 25% of dwelling gross floor area (GFA) |
| Location | Inside the dwelling only - no outside operation | Inside the dwelling only - no outside operation |
| Structural Changes | Prohibited if for primary purpose of home occupation | Prohibited if for primary purpose of home occupation |
| Non-Resident Employees | 0 by default; up to 2 FT (or 4 PT, max 2 on-site) with Agreement | 0 by default; up to 2 FT (or 4 PT, max 2 on-site) with Agreement |
| Conditional Home Occupation Agreement | Required for non-resident employees | Required for non-resident employees |
| Customer Traffic | Nuisance test - high-volume 8 AM-6 PM is prima facie nuisance | Nuisance test - high-volume 8 AM-6 PM is prima facie nuisance |
| Parking | Principal driveway only | Principal driveway only |
| Deliveries | 8 AM-7 PM; no regular tractor-trailers | 8 AM-7 PM; no regular tractor-trailers |
| Outdoor Storage/Display | Prohibited | Prohibited |
| Applies To | Unincorporated NCC only | Unincorporated NCC only |
| Confirm With | NCC Dept. of Land Use 302-395-5400 | NCC Dept. of Land Use 302-395-5400 |
Highlighted rows indicate differences between cities.
Newark FAQ
Do I need a permit to run a home business in unincorporated New Castle County?
If you operate alone (no non-resident employees) and meet the §40.03.420 standards, you generally do not need a discretionary use permit - but you must comply with the standards (under 25% of GFA, inside the dwelling, no outdoor storage, etc.). To bring on any non-resident employee or independent contractor, you must execute a Conditional Home Occupation Agreement with the New Castle County Department of Land Use. Confirm at 302-395-5400.
How many employees can my home occupation have?
By default, none beyond the residents of the home. With a Conditional Home Occupation Agreement, NCC UDC §40.03.420 allows up to two (2) full-time non-resident employees or independent contractors at a time, OR up to four (4) part-time non-resident employees/contractors provided that only two (2) are on the premises at any one time.
Can I have customers come to my home for the business?
Yes, but the frequency and consistency of traffic must not interfere with the neighborhood's comfort and safety. UDC §40.03.420 specifically states that high-volume visits and traffic during the 8:00 a.m. to 6:00 p.m. window constitute prima facie evidence of a public nuisance. All customer parking must be on the principal driveway only - on-street and secondary-driveway parking are not permitted for the business.
Wilmington FAQ
Do I need a permit to run a home business in unincorporated New Castle County?
If you operate alone (no non-resident employees) and meet the §40.03.420 standards, you generally do not need a discretionary use permit - but you must comply with the standards (under 25% of GFA, inside the dwelling, no outdoor storage, etc.). To bring on any non-resident employee or independent contractor, you must execute a Conditional Home Occupation Agreement with the New Castle County Department of Land Use. Confirm at 302-395-5400.
How many employees can my home occupation have?
By default, none beyond the residents of the home. With a Conditional Home Occupation Agreement, NCC UDC §40.03.420 allows up to two (2) full-time non-resident employees or independent contractors at a time, OR up to four (4) part-time non-resident employees/contractors provided that only two (2) are on the premises at any one time.
Can I have customers come to my home for the business?
Yes, but the frequency and consistency of traffic must not interfere with the neighborhood's comfort and safety. UDC §40.03.420 specifically states that high-volume visits and traffic during the 8:00 a.m. to 6:00 p.m. window constitute prima facie evidence of a public nuisance. All customer parking must be on the principal driveway only - on-street and secondary-driveway parking are not permitted for the business.
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