Delaware General Assembly

Senate Housing & Land Use 5/20/24

Awaiting consideration in Committee

SB 23

5/20/24

Huxtable

Sen. Lockman, Sokola, Townsend
Reps. Harris, K. Johnson

Sen. Hansen, Hoffner, Pinkney
Reps. Griffith, Lambert

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO HOUSING.

Accessory dwelling units (ADUs), also known as in-law units or garage apartments, are valuable and convenient forms of housing that can help to increase Delaware’s housing supply. In order to expand affordable housing opportunities, this Act requires local governments to permit the construction of ADUs within their jurisdictions without prohibitive barriers or onerous application or zoning requirements. This substitute differs from the original by removing requirements related to the size of the single-family dwelling, clarifying requirements related to additional parking, making exceptions for aesthetic requirements within historic districts, allowing water and sewer impact fees, and allowing for local regulations that do not otherwise violate this Act. This Act carries a 2/3 vote requirement as it may indirectly affect municipal charters.

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Takes effect upon being signed into law

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