Legislation Document

WHEREAS, accessory dwelling units (ADUs) are a valuable form of housing and can serve to increase the supply of an affordable and diverse type of housing; and

WHEREAS, accessory dwelling units are also known as in-law units, secondary dwelling units, granny flats, garage apartments, or carriage houses; and

WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and

WHEREAS, accessory dwelling units can create a convenient living arrangement that allows family members, including seniors who would like to age in place in the community and students, or other persons to provide care and support for someone in a semi-independent living arrangement while remaining in their community; and

WHEREAS, the creation of accessory dwelling units can promote more compact urban and suburban growth, which reduces the loss of farm and forest lands, as well as natural areas and resources, while limiting increases in pollution that contributes to climate instability; and

WHEREAS, the State can play an important role in reducing the barriers that prevent homeowners from building ADUs; and

WHEREAS, Delaware is facing a severe housing crisis, with home prices and rents unaffordable to many households of low and middle incomes; and

WHEREAS, the Delaware State Housing Authority’s 2023 Housing Needs Assessment report finds that the State is over 19,000 affordable units short to accommodate demand; and

WHEREAS, permitting the creation of accessory dwelling units will help diversify Delaware housing stock and help alleviate Delaware’s housing shortage.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 25 of the Delaware Code by creating a new Chapter 17 and making deletions as shown by strike through and insertions as shown by underline as follows:

CHAPTER 17. Accessory Dwelling Units

§ 1701. Purpose.

Accessory dwelling units are a valuable form of housing that can serve to increase Delaware’s supply of affordable housing, promote compact urban and suburban growth, and provide the option for a convenient living arrangement for seniors, students, and other residents. Through this chapter, local governments are required to permit the construction of accessory dwelling units within their jurisdictions without prohibitive barriers or onerous application or zoning requirements with the goal of expanding affordable housing stock, diversity, and access.

§ 1702. Definitions .

1. “Accessory Dwelling Unit” (ADU) means a residential living unit on the same lot where the principal use is a legally established single-dwelling unit. An ADU provides complete independent living facilities, including its own cooking, sleeping, and sanitation facilities, for one or more persons. It may take various forms, including a detached unit, a unit that is part of an accessory structure such as a detached garage, or a unit that is part of an expanded or remodeled primary dwelling.

2. “By right” means the ability to be approved without requiring any of the following :

a. A public hearing .

b. A variance .

c. Conditional use permit, special permit, or special exemption .

d. Other discretionary zoning action other than a determination that a site plan conforms with applicable zoning regulations.

3. “Gross floor area” means the interior habitable area of a single-family dwelling or an accessory dwelling unit.

4. “Local government” means a municipality, county, or other political subdivision of the State.

§ 1703. Responsibilities of Local Governments

(a) Each local government must adopt ordinances under this chapter that do all of the following:

(1) Allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.

(2) Allow an accessory dwelling unit that is currently constructed or may be constructed and that is any of the following:

a. Attached to a single-family dwelling .

b. Detached from a single-family dwelling .

c. Contained within a single-family dwelling .

(3) Set a maximum gross floor area for accessory dwelling units that is the lesser of 1,000 square feet or the gross floor area of the single-family dwelling.

(4) Allow an accessory dwelling unit to be used as rental housing.

(b) A local government may not do any of the following:

(1) Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require fees in lieu of additional parking.

(2) Require that an accessory dwelling unit match the exterior design, roof pitch, or finishing materials of the primary dwelling.

(3) Require that the single-family dwelling or the accessory dwelling unit be occupied by the owner, unless the accessory dwelling unit is being used as a short-term rental, as defined by the local government.

(4) Require a familial, marital, or employment relationship between the occupants of the single family dwelling and the occupants of the accessory dwelling unit.

(5) Assess impact fees on the construction of an accessory dwelling unit.

(6) Require improvements to public streets as a condition of permitting an accessory dwelling unit.

(7) Impose additional zoning regulations on an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling.

(c) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property, or any covenant, restriction, or condition contained in a deed or declaration under the Unit Property Act, or any rule based thereon that is not in effect on April 1, 2024, is created after April 1, 2024, or is used as the basis for any rule that is created or takes effect after April 1, 2024, which effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit on a lot zoned for single-family residential use that otherwise meets the requirements of this section is void and unenforceable.

(d) In adopting an ordinance under this chapter, a local government may establish an application and permitting process for accessory dwelling units that does not do any of the following:

(1) Require planning board approval.

(2) Create additional restrictions that would run contrary to the purpose and intent of this chapter.

SPONSOR:	Sen. Huxtable & Sen. Lockman & Sen. Sokola & Sen. Townsend & Rep. Harris & Rep. K. Johnson
Sens. Hansen, Hoffner, Pinkney; Reps. Griffith, Lambert