Kent County, DE Home Business: Zoning & Home Occupation Permits (2026)

Under § 205-68.E of the Zoning Code, anyone operating a home occupation, including a licensed family child-care home, must first secure a zoning certificate of use from the Department of Planning Services, Division of Planning, and the dwelling must remain the bona fide residence of the operator. The business cannot alter the residential character of the property or the neighborhood: the only exterior sign allowed is a single identification sign no larger than six square feet, and the operation may create no more noise, traffic, dust, smell, or hazard than an average home in the district.

Floor area limits track the zoning district. In the RS1, RS5 and RMH Districts, no more than 25% of the dwelling unit may be devoted to the occupation (family day-care homes are exempt from the cap); if the business runs out of a detached accessory structure, that structure is limited to 100% of its existing footprint or 500 square feet, whichever is smaller. In the AC and AR Districts the dwelling-unit cap is also 25%, but a detached structure may reach 2,500 square feet, plus up to 1,000 additional square feet for storage. Any detached structure used for the occupation must sit at least 15 feet from side and rear property lines.

The county limits staffing to household members: no one who does not live on the premises may be employed. Off-street parking must include two spaces dedicated to the occupation, on top of the parking already required for the residence. Retail activity is tightly restricted: stock-in-trade generally cannot be produced or sold on site, deliveries and pickups run only 8:00 a.m. to 8:00 p.m. using vehicles typical of residential neighborhoods, customers may visit only between 8:00 a.m. and 8:00 p.m., and no more than six customers or clients may come to the property in a single day. Personal-service uses such as a home hair salon are limited to one chair, one operator and one client at a time.