Smyrna, Delaware Zoning & Land Use Guide
Official references and local checks
Use the official references below to identify the rules that apply to your address, then confirm parcel-specific requirements with the local authority before filing an application.
Official references
- Population:
- 12,883
- State building code:
- Delaware State Fire Prevention Code (references IBC)(statewide default)
- State ADU law:
- No statewide override; local rules apply
- FEMA flood map:
- Search flood zones
- Planning department:
- Town of Smyrna Planning & Zoning
- Municipal code:
- View code online
- Zoning map:
- View local zoning map
Before you apply
- Call the Town of Smyrna Planning & Zoning: (302) 653-3486
- Search the municipal code for the chapter that covers your zoning district and proposed use.
- Use the local zoning map to look up your parcel's zoning designation before applying for a permit.
- Check FEMA flood zone for your parcel — flood-zone status changes setbacks, foundation requirements, and insurance.
- Check your HOA CC&Rs and recorded deed restrictions — they are common in Smyrna and frequently restrict ADUs, fences, and exterior changes beyond what zoning allows.
Key Zoning Facts
Smyrna is an incorporated town primarily in Kent County, Delaware (with a portion in New Castle County), with a population of approximately 12,900. One of Delaware's fastest-growing communities, Smyrna's zoning and land use regulations are administered by the Town of Smyrna Planning & Zoning office under Appendix A — Zoning of the Code of Ordinances.
- Planning & Zoning: smyrna.delaware.gov/180/Planning-Zoning
- Phone: (302) 653-3486
- Address: 220 Artisan Drive, Smyrna, DE 19977
- Zoning Map: Smyrna ArcGIS viewer
- Municipal Code (Appendix A — Zoning): Municode
Zoning Districts
Smyrna's zoning code establishes a range of residential, commercial, and institutional districts. Residential districts include R-1, R-1A, R-2, R-2A, and R-3 for varying density levels, plus DR (Downtown Residential), MHP (Mobile Home Park), and PVC (Planned Village Community) for specialized housing contexts.
The DR (Downtown Residential) district has a notable form-based requirement: new dwellings must be located within 20 ft of the sidewalk, and garages must be set back from the front facade or accessed via rear alleys — preserving Smyrna's traditional downtown streetscape. Commercial districts include HC (Highway Commercial), CCM (Corridor Commercial), and LO (Limited Office). Industrial and employment uses are accommodated in the IORP (Industrial/Office/Research Park) district. The I&R (Institutional and Recreational) district covers schools, churches, government facilities, and recreation areas.
Note on setbacks: Dimensional standards for each residential district are published in the Residential District Bulk and Use Standards and in Appendix A of the Code of Ordinances. Contact Planning & Zoning at (302) 653-3486 to confirm setback requirements for your property.
ADU Rules
No specific accessory dwelling unit (ADU) ordinance has been confirmed for Smyrna. Delaware has no enacted statewide ADU preemption — SB 23 of the 152nd General Assembly was introduced in 2023 but was substituted and did not become law before the session ended. Contact the Town of Smyrna Planning & Zoning at (302) 653-3486 for the most current local ADU guidance before planning any project.
Development Process
Development in Smyrna generally requires:
- Zoning Verification — Confirm your proposed use is permitted in the applicable zoning district using the ArcGIS zoning map or by contacting Planning & Zoning at (302) 653-3486
- Site Plan Review — Required for commercial, multi-family, and larger development projects
- Building Permit — Submit construction documents to the Town of Smyrna
- Inspections — Schedule required inspections during construction
- Certificate of Occupancy — Obtain final approval before occupying the structure
Variances and special use requests are reviewed by the Smyrna Board of Adjustment.
Key Considerations
- Smyrna straddles Kent and New Castle county lines — confirm which county your parcel is in for property records and tax purposes
- The DR (Downtown Residential) district has unique form-based standards — consult the code before designing any downtown residential project
- Check for FEMA flood zones at msc.fema.gov
- HOA covenants and deed restrictions are common in Smyrna's newer planned communities
- Delaware has no enacted statewide ADU preemption (SB 23 was not passed) — ADU rules are set by local ordinance
Disclaimer: This guide provides general information about zoning in Smyrna, Delaware and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations directly with the Town of Smyrna Planning & Zoning or the municipal code before making development decisions.
Regulatory Layers That Apply in Smyrna
Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.
Federal
- FEMA flood mapping: check parcel-specific flood-zone status
- View FEMA Flood Map
State — Delaware
- Building Code: Delaware State Fire Prevention Code (references IBC/IRC)
County — Kent County (primarily); New Castle County (partially)
- Role: Smyrna straddles Kent and New Castle county lines. The incorporated town has its own planning and zoning jurisdiction under Appendix A — Zoning of the Code of Ordinances. County property records and tax assessment apply based on parcel location.
City / Municipal
The municipality's zoning ordinance, building-code enforcement, and local permits form the primary local layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- Private covenants, deed restrictions, condominium rules, or association rules can impose requirements beyond zoning.
- Check HOA CC&Rs and deed restrictions for additional requirements beyond town zoning.
Statewide Context (Delaware)
Local data for Smyrna is limited. The following state-level facts apply across Delaware and are inherited by this page until city-specific details are verified.
- State Building Code
- Delaware State Fire Prevention Code (references IBC)
- State ADU Preemption
- No statewide override
- Coastal Zone
- Yes
- Wildfire Zones
- No
Permit Costs & Timelines
Check Current Permit Fees & Timelines
Permit fees and review times can vary by project type, scope, valuation, and required approvals. Check the current schedule with the local permitting authority before filing.
Check current Smyrna permit information →Official Sources
City-specific