By Brian Gilliland

GEORGETOWN — Finding the need for supplemental housing within Sussex County great, the county council voted to adopt and enact accessory dwelling unit legislation incorporating suggestions from its planning and zoning commission and the public, but carrying an important caution.

“This does not override HOA requirements. We are not overriding any subdivision/HOA rules and regulations. We want to make that perfectly clear,” Councilman Mark Schaeffer asked, seeking confirmation.

“Right and that’s true,” Vince Robertson, attorney representing the county in this matter, said.

“We do not have influence over municipalities. They make their own rules, we do not have anything to do with municipal regulations,” Mr. Shaeffer continued.

“Right, and that’s absolutely correct. Whatever happens today, it’s only within the jurisdiction of Sussex County,” Mr. Robertson confirmed.  

From there, Mr. Robertson clarified the changes from the previous draft to this new final version, including:

• Conversion of existing space like a garage or finished basement whether attached or detached
• Prohibitions against vehicles becoming considered ADUs
• Removal of lot space requirements for the ADU itself, finding other lot requirements adequate
• Adherence to all setback requirements
• For lots less than three acres, the ADU must be located behind the main house
• Establishing a minimum lot size of 10,000 square feet to contain an ADU as a permitted use, while smaller lot sizes could seek a special exception at the Board of Adjustment

“This is somewhat new territory for Sussex County so it’s going to be sort of a living ordinance. We’re going to have to see how it plays out in real life,” Mr. Robertson said.

Sussex County has had rules on the books governing garage or studio apartments since the 1990s, but fewer than 75 have been approved in the last five years, according to the county.

So while things like units becoming short term rentals in certain areas are a concern, county officials repeated the notion that the new law was a first step.

“At the end of the day, if something shows up after we pass this that is an issue, we will certainly go back and revisit it,” Council President Michael Vincent said. “This is not cast in stone, there forever and can’t do anything with it. This is brand new to us, it’s a starting point.”

Staff writer Brian Gilliland can be reached at 410-603-3737 or bg@iniusa.org.