Kent County's Levy Court is considering whether to update the county’s zoning codes for the first time in decades, and the initial proposed changes could set the stage for even larger conversations about development in Kent County.
Levy Court adopted Kent County’s current zoning code in 1991; since then, the county has grown by more than 70,000 people – far slower than New Castle or Sussex County, but enough to create pressure to reconsider its approach to zoning and land use.
The county’s planning office, led by Director Sarah Keifer, worked for months to rewrite the codes to match current standards. One goal, Keifer says, is to simplify the approval process for small businesses seeking permission for new land uses – doing away with a costly barrier to business growth.
"Because what we see is small businesses either just starting out or in that first phase of growth where they’re seeing success and they want to grow their businesses a little bit," she said. "We’re like, ‘we need you to spend $10,000 on a plan and you’re going to need a public hearing – that will take you two and a half months. Best of luck to you.’"
While the proposed ordinance leaves many of the county’s residential zoning rules untouched, Keifer notes it would open opportunities for some additional residential units along the Route 13 corridor to help address the statewide housing shortage.
"We did create a new use called “mixed use,” thinking primarily in the northern part of the county between Cheswold and Smyrna," she said. "There are still areas for infill, and there might be an opportunity to do a mix of some commercial and multifamily."
But the ordinance could open the door for a larger discussion about Kent County's residential zoning rules. "In our growth zone, you can develop up to three units per acre," Keifer said. "That doesn't sound very high, but it is for Kent County. The challenge is that we only allow single family detached homes on a 10,000 square foot lot. With those rules, you can't get much more than two units an acre. We aren't even getting to three."
The ordinance also leaves the county's parking requirements untouched — another element of zoning codes facing scrutiny across the country as a potential driver of inefficient land use.
Levy Court was initially scheduled to hear the ordinance in mid-December, but some commissioners raised technical concerns, pushing it into the new year. After a workshop last month, a vote on the ordinance is likely in the coming weeks.
