Accessory Structures in Kent County, DE (2026)
4 rules for unincorporated Kent County, Delaware.
Verified from official government sources
ADU Rules
Chapter 101 of the Kent County Code, adopted September 26, 2023, permits one accessory dwelling unit (ADU) per residential lot, attached or detached, capped at 50% of the principal dwelling's floor area. Manufactured homes cannot serve as ADUs, one unit on the property must be owner-occupied, and any septic modification needs a DNREC permit.
Kent County Accessory Dwelling Unit Rules
Some RestrictionsKent County Code §§ 101-3, 101-4
§ 101-3. General provisions. 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. [...] § 101-4. Development standards. A. The maximum size...
ADU Owner Occupancy
Kent County Code § 101-3.D requires that "one dwelling unit on the property shall be owner-occupied" wherever an accessory dwelling unit is built, and a signed, recorded declaration of that land use restriction must be on file before the county issues a certificate of use or building permit for the ADU.
Kent County ADU Owner-Occupancy Rule
Significant RestrictionsKent County Code § 101-3.D
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.
Shed & Carport Rules
Detached sheds, garages, and other accessory buildings in unincorporated Kent County must stay out of the front yard or front setback unless set back at least 100 feet from the front property line, and no closer than 5 feet to any side or rear line, under Zoning Code Section 205-85. Height is capped at 20 feet.
Kent County, DE Accessory Structure and Shed Rules
Some RestrictionsKent County Code § 205-85.A, B, E
A. Except as otherwise provided by this chapter, an accessory structure shall not be located in the front yard or front setback of any parcel (as defined by this chapter) unless the accessory structure is located at least 100 feet from the front property line and/or side street line. B. An accessory structure may be located no closer than five feet from the side or rear property line of any con...
Tiny Homes
Kent County permits tiny houses by adopting IRC Appendix Q outright, without local changes. Tiny house construction goes through the same building permit, plan review, and inspection process as any other dwelling under Chapter 105.
Kent County Allows Tiny Houses Under IRC Appendix Q
Some RestrictionsKent County Code § 105-24(F)(4) (adopting IRC 2018 Appendix Q)
F. Adopted appendixes. The following appendixes to the International Residential are adopted: ... (4) Appendix Q, Tiny Houses, without changes or additions.
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