Sussex officials consider first tiny home

There are no provisions for Ashley DiMichele's tiny home in Sussex County code.

DiMichele has listed her 210-square-foot tiny home at 26182 Cave Neck Road near Milton as a rental on Airbnb since last spring.

Now, she is seeking a conditional use to operate what the county terms a tourist home. Sussex County Director of Planning and Zoning Jamie Whitehouse said a conditional-use application was the best path forward since code is not set up to deal with tiny homes. “This is the first one of this nature,” he said.

It's not a permanent or taxable dwelling unit, nor is it a garage studio apartment where a stove is not permitted under county code.

During a Feb. 10 Sussex County Planning and Zoning Commission public hearing, DiMichele said she has had no trouble renting out the self-contained, RV-like structure, which sits adjacent to her home. She restricts rentals to two people, with a two-day minimum. “We've had more traffic than expected,” she said.

The tiny home, built in Lancaster, Pa., is road ready and contains its own kitchen with a stove, water system and composting toilet.

“I'm so in love with this idea it's a shame,” said Commissioner Kin Hoey Stevenson. “I'd love to see us work on an ordinance that could be a big boon for Sussex County.”

“Unfortunately, you are a trailblazer for these,” said assistant county attorney Vince Robertson. “Each one of these applications has to be considered uniquely based on the circumstances.”

Commission Chair Bob Wheatley said he does not have an issue with DiMichele's tiny home, but the commission needs to take a look at the wider issues these types of structures present. “As soon as you make a rule, someone will figure out how to circumvent it. It's not as simple as it looks, because we don't have a mechanism to deal with this right now, so we are going to need to develop one,” Wheatley said. “When you start going down that road, then there is the whole issue of unintended consequences that we have to be mindful of.

“We have a very large resort area in Sussex County where there are a number of people who would love to have a garage apartment with a kitchen next to their home, but that's against the rules. So are we creating something that may have consequences we didn't intend,” Wheatley added.

Robertson said the definition of a dwelling unit is a broader issue. He said there are mobile homes in campgrounds that have put down roots as permanent structures but are not taxed as a dwelling.

Wheatley said the issue of tiny homes was discussed during hearings on the 2018 comprehensive plan. “But it was more than we could deal with,” he said.

At the end of the meeting, commissioners voted to defer a vote on the application for further consideration.

Commissioner Keller Hopkins said since garage apartments were mentioned during the hearing, he was concerned about how the county defines garage apartments with no stoves permitted.

“I have heartburn over that,” he said. “I know it's to keep a whole lot of kids from going to the beach and living in a garage, but it's also hurting a whole lot of other people.”

Wheatley suggested that the commission, and perhaps county council, should schedule a workshop to discuss these types of issues.

Sussex County Council has scheduled a hearing on the application at 1:30 p.m., Tuesday, March 22, in the county administration building, 2 The Circle, Georgetown.