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Below is general information about county code requirements and restrictions on accessory uses. Please remember to check any neighborhood deed restrictions that may place additional restrictions on accessory uses.
A. Garages, sheds, outbuildings and sheds are Accessory Uses to a residence(Section 40.03.410) and are considered freestanding structures. They must meet thefollowing criteria:1. They cannot be used for human habitation.2. They are generally not permitted in front of the principal structure or within the street or front yard setback.3. However, lots two (2) acres or larger may locate one free standing accessory structure in front of the principal structure, so long as the freestanding structure is not within the front or street yard setback.4. They cannot cover more than thirty (30) percent of the rear yard setback. The thirty (30) percent includes the sum of the area covered by all accessory buildings include any proposed buildings.5. A freestanding structure may be located only in the rear yard provided it is placed at least three (3) feet from the side lot line and rear lot line and is not located in a street yard setback.6. Freestanding structures cannot be located in any side yard setback or any bufferyard.7. Generally, no freestanding structure can be taller than twenty (20) feet. However, on lots greater than one (1) acre, accessory structures may equal that of the principal building if the proposed structure is not within any setback.8. Where a garage is facing an alley, the setback for garage doors facing the alley must be twenty (20) feet to provide a parking space. For attached housing, freestanding accessory structures must have a setback from the rear lot line of three (3) feet and be at least two (2) feet from the side lot line.9. Walled units, patio houses, and atrium houses must locate all accessory structures within their walls.
B. Private Stables.1. Stables are permitted on lots a minimum of two (2) acres, and on lots of record existing as of the adoption date of the UDC (as amended September 22, 1998) which legally had stables located on them.2. Stables must be setback fifty (50) feet from all property lines.
C. Yard ornaments, play structures, fountains, flagpoles, clothes lines, and similarobjects1. Are permitted in all yards and all yard setbacks.2. However, if the structure or object exceeds six (6) feet in height above the finishedground where it is located, it must be placed at least six (6) feet from the front, street, side or rear lot line.
D. Fences1. Fences may be permitted in all yards and all yard setbacks.2. Fences may be placed on a property line but cannot extend into a public right-ofway.The County recommends the fence be placed away from the property line so maintenance may be performed from both sides of the fence.3. Fences must be constructed of materials specifically designed for fences and cannot include barbed or razor wire.4. Fences that exceed six (6) feet in height are not permitted, except for ball courts.
E. Satellite Dish or Antenna.1. Satellite dishes (over three (3) feet in diameter) or antennas, including amateur ham radio antenna, over three (3) feet in diameter can be mounted on the ground in the rear yard.2. If location in the rear yard is not possible, then the structure may be located in the side or front yard, subject to setback requirements.3. Dishes must be screened from view with evergreen hedge or shrub and understorytrees.3. The dish must be located so plant screening protects neighboring homes.4. Evergreen trees must be used to block other views from neighboring homes to thedish’s front where plantings cannot be placed close to the dish.5. If the satellite dish or antenna is located in a rear yard and would not be visible toneighboring homes, then evergreen trees are not required.
F. Ball Courts.1. Ball courts are not permitted on lots of less than one (1) acre.2. Ball courts must be set back from side and rear property lines a minimum of six (6) feet.3. Any fence around the court may be over six (6) feet in height, provided it is not within any required minimum yard setback for the residential district.
G. Private Swimming Pool.1. A private swimming pool may be located only in the rear yard.2. The pool, the decking, pool filter and pump, and storage buildings must be at leastsix (6) feet from any side or rear property line.3. In the case of a corner lot or multiple frontage lot, the pool cannot be located in thestreet yard setback.4. All fencing requirements contained in the International Building Code, as adoptedby the County and amended from time to time, shall be followed.
H. Temporary Roadside Stand1. A roadside stand for the sale of agricultural products grown on the premises may belocated in the street or front yard.2. Any structure or display area cannot be located in any road right-of-way.3. No permanent structure or building or parking associated with the roadside stand can be constructed or maintained.
I. Garage/Yard Sales1. Are permitted provided they occur on no more than four (4) occasions per year.2. Are of no more than three (3) consecutive days in duration.
J. Mulching & Composting1. Conducted by resident using material (both yard waste & kitchen waste) found andgenerated on-site; and2. Not to include material from other property.
The parcel on which the private stable is located must be at least two (2) acres in size.Private stables must be located (50) feet from all property lines.Riding academies and private instruction are not permitted. Lots existing before the adoption of the Unified Development Code (as amended on September 22, 1998) which legally had stables located on them are grandfathered from these requirements.
Commercial stables are permitted in Suburban (S), Suburban Estate (SE) and Suburban Reserve (SR) zoning districts, subject to certain limitations. Agricultural uses may have commercial stables as an accessory use as a matter of right.
Limitations on commercial stables:1. The stables must not conflict with the low density nature of the zoning district in which it is located.2. A site plan must be submitted to the Department of Land Use for approval.3. A maximum of 25% of the site may be improved with barns, stables, riding rinks, parking or other facilities.4. One parking space is required for every two stalls.5. In the SR zoning district, the parcel must be at least 5 acres. The parcel must be at least 300 ft wide. The setback from the street must be at least 100 feet, from the side yard at least 50 feet and from the rear yard at least 100 feet. The building may be no taller than 50 feet.6. In the SE zoning district, the parcel must be at least 5 acres. The parcel must be at least 300 ft wide. The setback from the street must be at least 100 feet, from the side yard at least 30 feet and from the rear yard at least 100 feet. The building may be no taller than 40 feet.7. In the S zoning district, the parcel must be at least 3 acres. The parcel must be at least 200 ft wide. The setback from the street must be at least 50 feet, from the side yard at least 40 feet and from the rear yard at least 50 feet. The building may be no taller than 40 feet.
Regulations on SignageYou may have one of each of the following:1. A nameplate sign, mounted on the ground or a wall that is at least two feet from the street line and is a maximum of one and one-half square feet in area;2. One bulletin sign, mounted on the ground or a wall that is at least 20 feet from the street line and is a maximum of 20 square feet in area; and3. One identification sign, mounted on the ground or a wall that is at least 20 feet from the street line and is a maximum of 20 square feet in area.
A commercial stable may be located in the Community Area Open Space for a neighborhood but not in the Natural Resource Area Open Space. Stables cannot be located in the floodplain, floodway, wetlands, riparian buffers, drainageways, wellhead/water recharge areas or on steep slopes.
To ensure that you are legally able to open a stable and that you follow the proper steps in proceeding, visit the Department of Land Use at 87 Reads Way, New Castle Corporate Commons, or call us at (302) 395-5400 before you go forward. We will be happy to work with you!
All dogs are to be kept under restraint at all times.
Owners or persons responsible for dogs and/or cats are expected to prevent accumulation of animal excreta in the area where such animals are customarily kept. This regulation is enforced by the New Castle County Code Enforcement Division. To file a complaint, call 395-5555.
Owners of or persons responsible for dogs or cats shall immediately remove, in a sanitary manner, any fecal matter deposited by such dog or cat upon any street, sidewalk or park or upon any property without the consent of the owner or tenant of such property. It shall not be a violation if such fecal matter is removed within one (1) hour.
Animal control is the statewide responsibility of the Kent County SPCA. ALL animal control issues in ALL counties fall under the authority and enforcement of Delaware Animal Control (DEACC) officers & the KCSPCA. Complaints about dogs barking excessively should be directed to the New Castle County Police through the non-emergency number at (302) 573-2800. Contact Kent County SPCA Toll Free at 888-352-7722, or 302-698-3006. Press 1 for Animal Control.http://www.kcspca.org/
This section shall not apply to the keeping, sheltering or harboring of animals in connection with bona fide educational programs run or overseen by a public or private elementary, middle or secondary school or a college or university or the Delaware Cooperative Extension Education Program, the 4-H or the Newark Pigeon Club, Wilmington Homing Club orthe Delmarva Pigeon Club.
For information about horses and stables, please see the FAQs on personal and commercial stables.
For more information, read the Child Day Care Requirements Information sheet linked below.
The rules for each setting are different. However, in all cases the State of Delaware must license child day care.
The attached document provides additional information on County Code requirements. Child Day Care Requirements