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.
Home occupations in unincorporated New Castle County are governed by Chapter 40 (Unified Development Code) §40.03.420 (Accessory uses, residential home uses). The use must be conducted entirely within the dwelling unit - no home occupation may be conducted outside the dwelling - and the area used for the home occupation may not exceed twenty-five (25) percent of the total gross floor area (GFA) of the principal residential dwelling. No structural alterations or enlargements may be made for the primary purpose of conducting the home occupation. With no non-resident employees, the home occupation generally requires no discretionary permit, but the operator must comply with the standards. To bring on non-resident workers, the operator must execute a Conditional Home Occupation Agreement with the county; with the Agreement the operator may employ 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 or independent contractors provided that only two (2) are on the premises at one time. The operator may meet with customers/clients on-site, but frequency and consistency of traffic that interferes with neighborhood comfort and safety - particularly high-volume visits and traffic between 8:00 a.m. and 6:00 p.m. - constitutes prima facie evidence of a public nuisance. Adequate on-site, off-street parking must be provided for all employees, customers, clients, and pupils; only the principal driveway serving the residence may be used for parking. No outdoor display or storage of materials, goods, supplies, or equipment related to the home occupation is permitted. Truck deliveries and pick-ups are limited to 8:00 a.m. - 7:00 p.m., and no regular tractor-trailer delivery is permitted. A separate building permit and the Delaware State Building Code apply to any associated construction. Sign rules under Chapter 40 Article 8 limit residential signage. Confirm with the New Castle County Department of Land Use at 302-395-5400 before opening. The City of Wilmington, City of Newark, City of New Castle, and Town of Middletown have their own zoning codes and home occupation rules.
Operating a home occupation that exceeds 25% of the dwelling's GFA, conducts business outside the dwelling, exceeds the employee cap without a Conditional Home Occupation Agreement, generates customer traffic constituting a public nuisance, parks employees/customers off the principal driveway, displays materials outdoors, or accepts tractor-trailer deliveries violates §40.03.420. Enforcement is by the New Castle County Department of Land Use (302-395-5555 Code Enforcement), with notices of violation, civil penalties, and orders to cease the use under Chapter 40.
See how New Castle County's home occupation permits rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.