RR, R-2, R-3, LR, B-1, B-2, I, R-PUD and M-PUD Districts:
These uses are permitted in these districts.
Accessory buildings and structures.
A. Accessory buildings or garages shall be considered to be part of the main building if structurally and architecturally integrated into the main building, or if attached by an enclosed breezeway or similar architectural device not greater than 10 feet in length.
B. Residential accessory buildings shall be for the exclusive use of the persons residing in the dwelling on the property, or in the dwelling on adjacent property as permitted in the LR District by Subsection H below.
C. Detached accessory buildings shall be located not closer to 10 feet to the main building.
D. The area of accessory buildings shall be included in the maximum permitted lot coverage.
E. No accessory building or accessory structure shall be located in any front yard, or yard abutting the water on a waterfront lot, unless it is set back at least 200 feet from the front lot line or the ordinary high-water mark, respectively; provided, however, that on waterfront lots in the LR District, an accessory building may be located within the yard abutting the street if all minimum building setback requirements for a principal building are complied with.
F. Except as provided in Subsection I below, accessory buildings and accessory structures shall meet the minimum side and rear yard setbacks required for principal buildings.
G. No accessory building or accessory structure shall be constructed or occupied on a lot before the principal building or use on the lot is constructed or occupied; provided, however, in the LR District, one detached accessory building may be located on a lot that has no principal building, in the following circumstances only:
(1) If the lot is directly across a public street or private road from a lot improved with a dwelling to which the building is accessory; or
(2) If the lot on which the detached accessory building is located is adjacent to either side lot line of a lot directly across a public or private street from a lot improved with a dwelling to which the building is accessory.
H. In the circumstances described in this subsection as to accessory buildings in the LR District on lots that have no principal building, not more than one detached accessory building may be located on an unimproved lot across a public or private street, as described above. The lot upon which the accessory building is constructed and the improved lot to which it is accessory shall be held in common ownership. A restrictive covenant confirming such common ownership and prohibiting the separate conveyance of either lot shall be recorded with the Kent County Register of Deeds prior to the issuance of a building permit or installation of any accessory building.
I. On nonwaterfront lots in the R-1, R-2, R-3 and LR Districts, an accessory building or accessory structure which is equal to or less than 100 square feet in area and equal to or less than 10 feet in height may be located in a rear yard as near as five feet from the side and rear lot lines; provided, however, that if the rear lot line of the parcel of land on which the accessory building or accessory structure is located is also the side lot line of the adjacent parcel, then the accessory building or accessory structure shall be set back the same distance from the rear lot line as the required side yard setback for a principal building.
J. In the R-1, R-2, R-3, LR and PUD Districts, the total aggregate area of all accessory buildings on a lot or parcel shall be limited in floor area as follows:
(1) Size of accessory buildings dependent on size of lot area.
| Lot Area (square feet) |
Permitted Accessory Building Size (square feet) |
| 30,000 or less |
Maximum 576 |
| Greater than 30,000 |
Maximum 1,200 |
(2) For lots greater than 30,000 square feet, accessory buildings with an aggregate area larger than 1,200 square feet may be permitted by the Planning Commission as a special land use if the Planning Commission determines there would be no significant adverse effects upon adjacent or nearby lands and if the Planning Commission determines that the area, height and bulk of the accessory building would not seriously compromise the residential character of the lot or adjacent or nearby lands. If an applicant desires to obtain approval for an accessory building with an aggregate area larger than 1,200 square feet in the PUD District, such application can be considered and acted upon as a part of the planned unit development review and approval process, and in such cases an application for the special land use approval shall not be required.
K. Accessory buildings and structures in planned unit developments shall be subject to the same requirements as in the residential districts, except that Subsection I shall apply only to those lots with a lot area less than 30,000 square feet unless the planned unit development ordinance specifically provides otherwise. Accessory buildings with an aggregate area larger than 1,200 square feet in area may be considered and approved in accordance with Subsection J(2) of this section.
L. Buildings and structures used in active commercial agricultural operations are not considered accessory buildings and shall not be subject to this section, except that no buildings or structures shall be located within a required yard, and any building greater than 1,200 square feet in area shall be located at least 50 feet from any rear or side lot line.
M. Swing sets, playground equipment, garden trellises, and similar aboveground yard equipment accessory to a residential use shall be exempt from the provisions of this section, except for height limitations, or unless specific provision is made for such equipment by other Township ordinance; provided, however, that a swing set, playground equipment or similar children's play structure located within a yard abutting the water on a waterfront lot shall be subject to the following:
(2) There shall be no portion of the structure that is enclosed for the purpose of storage.
(3) There shall be no platform or deck that creates a horizontal impervious surface greater than 50 square feet.
(4) A roof, if any, shall not exceed 20 square feet in area.
(5) There shall not be any portion of the structure enclosed by walls, other than knee-high walls or railings which shall be no more than 40% opaque and no higher than above grade or above the platform surface than the minimum required by the applicable code for child safety.
(6) The swing set, playground equipment or similar children's play structure shall be set back at least 20 feet from the water's edge or the ordinary high-water mark, whichever is closer to the principal building, and at least 10 feet from any side lot line. The structure shall be no less than 10 feet from the principal building.
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