Rumson City Zoning Code
§ 22-7.8
Accessory Buildings and Structures.
[Ord. 5/19/05, § 8; Ord. 10/19/06, § 2; Ord. No. 08-015D, § 1; Ord. No. 12-013D; Ord. No. 15-007D § 1; Ord. No. 16-007D § 7; Ord. No. 17-009D; amended 12-13-2022 by Ord. No. 22-008D; 9-10-2024 by Ord. No. 24-009D]
Accessory buildings and structures shall conform to this subsection and, when not in conflict with specific provisions of this subsection, to the general requirements set forth in Schedule 5-1, Schedule of Zoning District Regulations.[1]
a.
Accessory structures which are not subject to general yard requirements include:
1.
Any accessory structure subject to specific requirements set forth in Section 22-7.
2.
Bulkheads, piers and docks.
3.
Walls other than retaining walls, including decorative, screening, and landscaping walls, less than four (4') feet high.
4.
Residential accessory lighting, conforming to performance standards in subsections 22-7.22d, 12 and 13.
5.
Fountains, sculpture, and decorative ponds, less than four (4') feet high.
6.
Flagpoles conforming to height requirements subsection 22-7.12.
b.
Location of Accessory Buildings.
1.
An accessory building attached to a principal building shall comply in all respects with the zoning requirements for the principal building.
2.
Detached accessory buildings or structures shall not be located in a front yard.
3.
Detached accessory buildings shall comply with Schedule 5-1, Zoning District Regulations, except that storage sheds less than ten (10') feet high with a floor area of less than 100 square feet may be located not less than five (5') feet from any side rear lot line.
c.
No detached accessory building, in any residential zone, shall be less than five (5') feet from a principal building.
d.
No accessory building or structure shall be constructed before the principal building.
e.
Removal of the principal building requires that all existing accessory buildings and structures are also removed. The administrative officer can waive this requirement, if there are no current variances of accessory buildings or structures and the new principal structure incorporates remaining accessory building or structures into final calculations, which shall not create new variances.
f.
Accessory buildings must be located on the same lot as the principal use to which they are accessory.
g.
Residential accessory pools and any associated accessory building shall not be located in any front yard nor between any principal dwelling and a street and shall maintain a minimum setback to any property line as follows:
1.
To the pool and any associated accessory building: ten (10') feet in the R4, R5, R6, GB, NB and POB Zones and twenty-five (25') feet in all other zones; or
2.
To aprons, decks, walks, fences, equipment and other accessory structures associated with the pool, the same setback required for other accessory structures by Schedule 5-1, Schedule of Zoning District Regulations; or
3.
For lots bordering on a river or other navigable waterway, also see subsection 22-7.32.
4.
Pool equipment shall be screened when viewed from immediately adjoining properties, public streets, and/or river frontages in accordance with subsections 22-7.25 and 22-7.32.
h.
Limitation on Accessory Buildings.
1.
The aggregate ground floor area of all accessory buildings on a lot may not exceed the following percentage of the aggregate building area (or, for nonresidential uses, of the total of all principal buildings);
Zone | Percent |
|---|---|
R1, R2, R3 | 30% |
R4, R5, R6 and Residential Uses in POB, NB, and GB Zones | 40% |
POB, NB, GB | 50% |
2.
Any single accessory building with aggregate building area equal to or greater than the following maximums must, not withstanding any other provision of this chapter, conform to the minimum yard requirements for principal buildings:
Zone | Maximum |
|---|---|
R1, R2, R3 | 1400 s.f. |
R4, R5, R6 and Residential Uses in POB, NB, and GB Zones | 500 s.f. |
POB, NB, GB | 200 s.f. |
3.
In the R1 and R2 Zones, the second floor of an accessory building may not have usable floor area greater than 1/2 of the aggregate building area. In all other zones, no usable floor area may exist above the ground floor.
4.
Accessory buildings may not have cellars or basements.
5.
Accessory buildings and structures shall conform to the height requirements of Schedule 5-2.
i.
No accessory building shall be used for residential purposes by any person or persons, including members of the family or the occupants of the principal building or domestic servants or others employed on the premises. No portion of any accessory building attached to a principal building by a connecting link may be used as living space. Any building element which connects portions of a building containing principal and accessory uses will be considered a connecting link which does not conform to the requirements of paragraph i,1. Exceptions to the accessory building residential use limitations use are:
1.
Any building element which connects portions of a building containing principal and accessory uses and has a minimum width of fifteen (15') feet, length to width ratio greater than 4:1 (60 feet or less) height to width ratio greater than 3:2 (22.5 feet or less) of conditioned space will be considered part of the principal building.
2.
Existing detached accessory buildings may convert the floor space above the garage parking area to a non-bedroom residential use for the occupants of the principal building. This space may be heated and air conditioned, minimum sanitary facilities and no cooking facilities. Accessory units that are so converted are subject to random inspections by the Borough in order to assure compliance with these regulations. Commercial or significant traffic generating businesses are prohibited.
The terms "residential purposes" and "living space" used in this subsection are to be broadly construed as including all normal residential use, excluding only accessory uses such as storage, utilities, mechanical equipment, parking, workshops, property maintenance activities, garden support facilities, animal facilities, weather shelters, and minimal sanitary facilities supporting outdoor activities.
j.
A roofed, open sided or unroofed porch, deck, patio or similar structure attached to, or within five (5') feet of the principal building shall conform to the yard requirements as established in subsection 22-7.7f, otherwise, it shall adhere to the yard requirements for an accessory structure.
k.
Maximum height of light fixtures accessory to single-family or two-family residential uses, shall not exceed nine (9') feet, in the R-1 and R-2 Zone Districts, nor six (6') feet in any other Zone District. Residential light fixtures shall conform to all standards established in this chapter including but not limited to, subsections 22-9.2 and 22-9.3.
[1]
Editor's Note: Schedule 5-1, referred to herein is included as an attachment to this chapter.
