Zoning Overlays & Bonuses in Sussex County, DE (2026)
1 rule for unincorporated Sussex County, Delaware.
Verified from official government sources
Note: These county rules apply to unincorporated areas of Sussex County. If you live within an incorporated city, that city's own rules apply: see the city list below.
Density Bonus Law
Sussex County's Moderately Priced Housing Unit (MPHU) Program lets developers earn a 20% to 30% density bonus above the base zoning density in exchange for building affordable units on qualifying land in a Town Center, Developing Area or Coastal Area. The incentive is set out in Code § 72-7 and requires an executed MPHU agreement with the County.
Sussex County Density Bonus for MPHU Housing
Some RestrictionsSussex County Code § 72-7
§ 72-7. Density incentive; other incentives. A. Density incentives. (1) Subject to meeting the requirements outlined in §§ 72-8, 72-9 and 72-10 of this chapter, a proposed development on qualifying land at one location may achieve the following density incentives: Tier A Tier B Tier C MPHUs required 15% 15% 15% Density incentive 20% 25% 30% ... B. Other incentives will include: ... (2) The proj...
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