Accessory Building Location Setback Requirements – Agriculture and Residential Districts

R-A  Rural-Agricultural District

In side yards:  25’ minimum from side lot lines - if corner lot, 35’ from road right of way line
In rear yards:  50’ minimum from rear lot line
From any other buildings:  10’ minimum
Height:  Maximum of 35’ except silos and amateur radio antennas
In front yard: Storage or vehicle building in front yard - permitted if at least 150’ from road right of way or farthest point of building not more than 75’ in front of the dwelling as measured from a line from side lot line to side lot line across front of dwelling with a depth of 75’ and if located within this area must be of like exterior materials and design and roof pitch as the dwelling.  Height limit 16’ or less than the dwelling height.  If  the above front yard requirements cannot be accomplished, an application for a special use permit is available.
Animal shelter or barn: 75’ from side and rear lot lines, 75’ from any road right of way line (front yard permitted with above setbacks)
Permits:  Animal shelter or farm use building requires zoning compliance permit, non-animal or farm use building (garage etc.) requires building permit unless minor accessory building (see minor accessory buildings).  An agriculture building proposed on a vacant parcel without a house requires a special exception use permit from the Township Board.  A garage or storage building proposed on a vacant parcel is not permitted unless the lots cannot be combined and are adjacent to a lot with a house on it owned by the same party and a special exception use permit is granted by the Township Board. 

R-1  Low Density Residential District

In side yards:  10’ minimum from side lot lines - if corner lot, 35’ from road right of way line
In rear yards:  50’ minimum from rear lot line
From any other buildings:  10’ minimum
Height:  Maximum of 35’ except silos and amateur radio antennas
In front yard: Storage or vehicle building in front yard - permitted if at least 150’ from road right of way or farthest point of building not more than 75’ in front of the dwelling as measured from a line from side lot line to side lot line across front of dwelling with a depth of 75’ and if located within this area must be of like exterior materials and design and roof pitch as the dwelling.  Height limit 16’ or less than the dwelling height.  If  the above front yard requirements cannot be accomplished, an application for a special use permit is available.
Animal shelter or barn: 75’ from side and rear lot lines, 75’ from any road right of way line (front yard permitted with above setbacks)
Permits:  Animal shelter or farm use building requires zoning compliance permit, non-animal or farm use building (garage etc.) requires building permit unless minor accessory building (see minor accessory buildings). An agriculture building proposed on a vacant parcel without a house requires a special exception use permit from the Township Board.  A garage or storage building proposed on a vacant parcel is not permitted unless the lots cannot be combined and are adjacent to a lot with a house on it owned by the same party and a special exception use permit is granted by the Township Board. 

R-2  Medium Density Single Family Residential District

In side yards:  10’ minimum from side lot lines - if corner lot, 35’ from road right of way line
In rear yards:  30’ minimum from rear lot line
From any other buildings:  10’ minimum
Height:  Maximum of 35’ except amateur radio antennas
In front yard: Storage or vehicle building in front yard - permitted if at least 150’ from road right of way or farthest point of building not more than 75’ in front of the dwelling as measured from a line from side lot line to side lot line across front of dwelling with a depth of 75’ and if located within this area must be of like exterior materials and design and roof pitch as the dwelling.  Height limit 16’ or less than the dwelling height.  If  the above front yard requirements cannot be accomplished, an application for a special use permit is available.   Front yard accessory buildings may not exceed 900 square feet.
*Animal shelter or barn: If animals permitted by special use, domestic farm animal permit or pre-existing before adoption of zoning, then 75’ from side and rear lot lines, 75’ from any road right of way line.
Permits:  Animal shelter requires zoning compliance permit, non-animal use building (garage etc.) requires building permit unless minor accessory building (see minor accessory buildings). An agriculture building proposed on a vacant parcel without a house requires a special exception use permit from the Township Board.  A garage or storage building proposed on a vacant parcel is not permitted unless the lots cannot be combined and are adjacent to a lot with a house on it owned by the same party and a special exception use permit is granted by the Township Board. 

R-3  Special Residential District

In side yards:  10’ minimum from side lot lines - if corner lot, 35’ from road right of way line
In rear yards:  30’ minimum from rear lot line
From any other buildings:  10’ minimum
Height:  Maximum of 35’
In front yard: Storage or vehicle building in front yard - permitted if at least 150’ from road right of way or farthest point of building not more than 75’ in front of the dwelling as measured from a line from side lot line to side lot line across front of dwelling with a depth of 75’ and if located within this area must be of like exterior materials and design and roof pitch as the dwelling.  Height limit 16’ or less than the dwelling height.  If  the above front yard requirements cannot be accomplished, an application for a special use permit is available.   Front yard accessory buildings may not exceed 900 square feet.
*Animal shelter or barn: If animals permitted by special use, domestic farm animal permit or pre-existing before adoption of zoning, then 75’ from side and rear lot lines, 75’ from any road right of way line.
Permits:  Non-animal use building (garage etc.) requires building permit unless minor accessory building (see minor accessory buildings). A garage or storage building proposed on a vacant parcel is not permitted unless the lots cannot be combined and are adjacent to a lot with a house on it owned by the same party and a special exception use permit is granted by the Township Board. 

R-L  Lake Residential District

In side yards:  10’ minimum from side lot lines - if corner lot, 35’ from road right of way line
In rear yards:  30’ minimum from rear lot line or from the shoreline
From any other buildings:  10’ minimum
Height:  Maximum of 16’
In front yard: Storage or vehicle building in front yard - permitted if at least 150’ from road right of way or farthest point of building not more than 75’ in front of the dwelling as measured from a line from side lot line to side lot line across front of dwelling with a depth of 75’ and if located within this area must be of like exterior materials and design and roof pitch as the dwelling. If  the above front yard requirements cannot be accomplished, an application for a special use permit is available.  
Permits:  Non-animal use building (garage etc.) requires building permit unless minor accessory building (see minor accessory buildings). A garage or storage building proposed on a vacant parcel is not permitted unless the lots cannot be combined and are adjacent to a lot with a house on it owned by the same party and a special exception use permit is granted by the Township Board. 

F-R  Flat River District (overlay district)

In side yards:  same as underlying district
In rear yards:  100’ from the ordinary high water mark and if a bluff lot, an additional 50’ from top of  bluff  (bluff lot is a steep hill rising directly from the waters edge)
From any other buildings:  10’ minimum
Height:  Maximum of 35’
In front yard: Storage or vehicle building in front yard - permitted if at least 150’ from road right of way or farthest point of building not more than 75’ in front of the dwelling as measured from a line from side lot line to side lot line across front of dwelling with a depth of 75’ and if located within this area must be of like exterior materials and design and roof pitch as the dwelling.  Height limit 16’ or less than the dwelling height. If  the above front yard requirements cannot be accomplished, an application for a special use permit is available. Front yard accessory buildings may not exceed 900 square feet in the underlying districts of R-2 and R-3.
*Note animal shelter requirements for corresponding underlying district.
*Note there are requirements for river docks, stairs and boardwalks and preservation of 25’ natural vegetation strip.
Permits:   Animal shelter building requires zoning compliance permit, non-animal use building (garage etc.) requires building permit unless minor accessory building (see minor accessory buildings).  Zoning compliance permit required for docks, river stairs, and boardwalks and may also require DEQ permits. An agriculture building proposed on a vacant parcel without a house requires a special exception use permit from the Township Board.  A garage or storage building proposed on a vacant parcel is not permitted unless the lots cannot be combined and are adjacent to a lot with a house on it owned by the same party and a special exception use permit is granted by the Township Board. 

Minor Accessory Buildings  (small pre-built or kit accessory buildings)

Definition:  Not larger than 200 square feet nor taller than 12 feet
In side and rear yards:  5’ minimum from lot lines - if corner lot, 35’ from road right of way line
From any other buildings:  no minimum distance
Height:  Maximum of 12’
In front yard:  Not permitted
Size:  Maximum of 200 square feet
Number:  Maximum of 2 per lot
Building Permit:  None required except a sketch showing location of buildings and distances to lot lines must be submitted to the Zoning Administrator
School bus stops:  Exempt from ordinance but must not be in the road right of way unless a permit is issued from the Kent County Road Commission
Vacant Lot Adjacent to a Dwelling Lot Owned by the Same Party:  Up to 2 minor accessory buildings may be placed on a vacant adjoining lot as long as setbacks are met and a site plan is provided to the Zoning Administrator.  Must show reason why the vacant lot cannot be combined with the dwelling lot and both lots must be owned by the same people.

Other Related information:

Accessory buildings shall not be built on lots without a dwelling except may be built before a dwelling when both are submitted together for a building permit and a surety bond is submitted and approved by the Township Board.  Farm and agricultural buildings may be located on a parcel without a dwelling only if a special exception use permit is granted by the Township Board.

Accessory buildings shall be stick-built or the equivalent new building construction, no mobile home, tank, junk object, or salvage materials, semi-trailer, vehicle or similar item shall be utilized as an accessory building or storage structure, provided, however, that such requirement shall not be applicable to tool sheds, or similar temporary storage structures utilized pursuant to the construction of a building as long as the period of construction does not exceed one (1) year.

Building permits are required except as noted for minor accessory buildings and zoning compliance permits for agricultural use, docks, boardwalks and river stairs.

No living or sleeping purposes are permitted in a structure that is a basement without a house above.  No living or sleeping purposes are permitted in a garage unless it is attached to a dwelling and meets codes and ordinances pertaining to same.

Front yard is the area in front of an imaginary line across the outer most front part of the house between the side lot lines and the road right of way.

Road right of way is the area on each side from the middle of the road and is an easement area for the road and any utilities to be located in.  Most road easements are 66 feet total width (33 feet on each side from the middle of the road).  Some major roads are 100 feet (50 on each side).  All front setbacks are measured from the edge of any road easement line.