Accessory Structures in Sussex County, DE (2026)
3 rules for unincorporated Sussex County, Delaware.
Verified from official government sources
ADU Rules
Sussex County allows one accessory dwelling unit per single-family lot in the AR-1 and AR-2 Agricultural Residential Districts, but only with administrative approval from the Planning and Zoning Director. The ADU cannot exceed 1,000 square feet or 50% of the main house's floor area, needs its own parking space, and the lot must be at least 10,000 square feet and outside required setbacks.
Sussex County Accessory Dwelling Unit Zoning Rules
Some RestrictionsSussex County Code § 115-20A(15)
One accessory dwelling unit for the exclusive use of the tenant included on the premises that is administratively approved by the Director or his or her designee, and subject to the following: ... There shall be a fee in an amount determined by County Council to request the approval of the accessory dwelling unit. ... No accessory dwelling unit shall have a floor area that is greater than 1,000...
Shed & Carport Rules
A detached accessory building in unincorporated Sussex County, like a shed or workshop, cannot exceed 600 square feet in a rear yard and must sit at least 5 feet from both the side and rear lot lines, under Zoning Code § 115-185(F).
Sussex County Shed Size and Setback Limits
Some RestrictionsSussex County Code § 115-185(F)
F. Accessory buildings which are not a part of the main building may be constructed in a rear yard, provided that such accessory building does not contain more than 600 square feet of area, and may be located five feet from a side lot line and five feet from a rear lot line.
Garage Conversions
Sussex County only allows a garage or studio apartment to become a single-family dwelling under § 115-29J's emergency-or-hardship process, subject to § 115-20A(14)'s conditions: a doctor's affidavit, a $50 administrative fee, a licensed surveyor's site plan, notice to neighbors, and a two-year cap. There is no general right to convert a garage into a separate residence.
Sussex County Garage Apartment Hardship Dwelling Rule
Significant Restrictions§ 115-29J; § 115-20A(14)
Use of a manufactured home or garage/studio apartment as a single-family dwelling to meet an emergency or hardship situation that is administratively approved by the Director or his or her designee, and subject to the requirements set forth in Article IV, § 115-20A(14). ... The applicant must provide an affidavit from a doctor confirming the existence of the emergency or hardship situation. ......
All Sussex County ordinances
See every category we cover for Sussex County: parking, noise, fences, fires, animals, pools, and more.
Sussex County Ordinance Hub →