Kent County, DE
 
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Table of Contents
Table of Contents
Chapter 205 Zoning
Article VI: AR - Agricultural Residential District
[Amended 7-9-1991 by Ord. No. 91-11; 12-17-1991; 2-25-1992; 6-23-1992; 11-11-1992; 12-7-1993 by Ord. No. 93-12; 12-7-1993 by Ord. No. 93-13; 6-14-1994 by Ord. No. 94-11; 11-22-1994 by Ord. No. 94-21; 11-14-1995 by Ord. No. 95-25; 2-27-1996 by Ord. No. 96-06]
The purpose of the AR - Agricultural Residential District is:
A. 
To provide for a wide range of agricultural use and farm related services while providing for low-density residential development in areas that are rural in character and where farming may not be the optimum land use activity.
B. 
To foster environmentally sound development in areas of environmental concern.
C. 
To allow for a variety of low-density planned residential and cluster developments in a rural setting.
D. 
To serve as a transitional/buffer zone between agricultural and residential uses.
The provisions of this article apply to each AR - Agricultural Residential District.
A. 
Any use not listed below as a permitted or conditional use is not permitted in the AR - Agricultural Residential District.
B. 
Accessory uses shall not be permitted without a principal use.
C. 
All uses in the AR - Agricultural Residential District can be referenced in the Standard Industrial Classification Manual of 1987, under sections entitled "Agriculture," "Forestry and Fishing," "Private Households," "Wholesale Trade," "Mining," "Services" and "Transportation, Communications, Electric, Gas and Sanitary Services."
[Amended 5-13-1997 by Ord. No. 97-09; 3-14-2000 by Ord. No. 00-05; amended 1-15-2002 by Ord. No. 02-02; 2-28-2006 by Ord. No. 06-03; 3-25-2008 by Ord. No. 08-05[1]]
The following uses are permitted in an AR - Agricultural Residential District:
Accessory apartment (within a single-family detached and semi-detached dwelling)
[Added 6-23-2009 by Ord. No. 09-11]
Accessory cottage
[Added 6-23-2009 by Ord. No. 09-11]
Accessory storage (enclosed)
Accessory structures and uses
Agriculture
Aquaculture
Bus shelter
Cold storage lockers
Community facilities, including recreational
ECHO housing as specified under Article IV, § 205-43, of this chapter.
Egg farms
Emergency uses - police, fire, rescue
Forestry
Golf courses
Greenhouses, commercial
Group homes for the care of handicapped persons, elderly
Hides, raw fur and leather dressing
Home-based contractor establishment, no outdoor storage
[Added 10-27-2009 by Ord. No. 09-26]
Home occupations as specified under Article XXII of this chapter
Horse training facilities
Hunting - commercial, private or public
Ice house
Manufactured homes on individual lots
Nature areas
Nature trails
Nursery farms
Off-premises monument sign
[Added 6-23-2009 by Ord. No. 09-12]
Private camps for seasonal residency
Private pool
Public parks and open space[2]
Single-family detached dwellings
Water-oriented recreational area and uses
Wildlife preserves
[1]
Editor's Note: This ordinance provided that any subdivision and land development projects that have received preliminary plan approval by the Regional Planning Commission, or Levy Court approval in the case of planned unit developments and cluster subdivisions, shall not be subject to its provisions for as long as their approval remains valid.
[2]
Editor’s Note: The former entry for “Public campground,” which immediately preceded this entry, was repealed 1-24-2017 by Ord. No. 17-03.
The following uses are permitted in the AR - Agricultural Residential District in accordance with the conditional use provisions of Article XXI:
Airfields[1]
Animal hospital
Auction facilities
Auctions, temporary
Buggy repair
Butcher shop - not rendering plant
Bed-and-breakfast - country inn
Blacksmiths
Campground (public or private)
[Added 1-24-2017 by Ord. No. 17-03]
Cemeteries
Child-care center
Churches and ancillary uses
Cluster development
Commercial carnivals, temporary
Commercial marinas[2]
Commercial recreational facilities
Community swimming pools
Country clubs, private clubs and service organizations
Commercial greenhouses
Commercial kennels
Craft centers
Detention and correctional institutions, reformatories and similar uses
[Added 10-13-1998 by Ord. No. 98-18]
Dog grooming business[3]
Farm machinery/equipment repair and service
Farm tenant houses
Farm winery, with accessory gift shop, meeting hall, retail sales and tasting facility
[Amended 5-8-2001 by Ord. No. 01-09]
Florist establishment
[Added 8-13-1996 by Ord. No. 96-13]
Grain milling and vegetable oil mills
Group homes, other than for the care of the handicapped, elderly
Hay, grain and feed stores
Heliports and helipads[4]
Horse trailer sales
Hospitals, sanatoriums, nursing homes, and convalescent homes
Hunting lodges
Manufacturing or preparation of feed, feed concentrates, feed supplements and other feed ingredients for poultry and/or livestock
Monasteries, convents
Mulching
[Added 12-11-2001 by Ord. No. 01-25]
Nonaccessory tents for special purposes
Nonprofit charitable and philanthropic organizations or institutions
Outside accessory storage
Pallet manufacturing
Private boat docks, boat houses and landings as principal structures
Private educational institutions
Private airstrips
PUD (Planned Unit Development)
Recreational uses (private membership clubs)
Retail nurseries
Retail sales of farm hardware and miscellaneous farm supplies, farm machinery and equipment sales
[Added 1-14-1997 by Ord. No. 97-01]
Riding clubs
Rifle, pistol, trap, skeet, or archery ranges
Roadside stands (seasonal)
Sand and gravel pits, without processing.
[Amended 10-14-1997 by Ord. No. 97-18]
Sanitary landfill
Sawmill operations
School bus parking[5]
Seasonal labor housing
Semipublic or quasi-public schools
[Added 10-14-1997 by Ord. No. 97-21]
Septage processing and storage
Slaughterhouses
Stables, tack and harness shops, horse training (commercial)
Stockyard (commercial)
Storage of agricultural chemicals in bulk, retail and wholesale
Storage of clam shells
Storage of fishing/crabbing equipment
Temporary sawmill
Public utilities and public utility uses
Wholesale trade establishment with facilities for storage and transport of farm products
[1]
Editor's Note: Accessory apartments as a conditional use, which immediately preceded this entry, were repealed 6-23-2009 by Ord. No. 09-11.
[2]
Editor’s Note: The former entry for “Commercial recreational campgrounds,” which immediately followed this entry, was repealed 1-24-2017 by Ord. No. 17-03.
[3]
Editor's Note: The former entry for "ECHO housing," which immediately followed this entry, was deleted 5-13-1997 by Ord. No. 97-09.
[4]
Editor's Note: The former entry for “home occupations,” which immediately followed this entry, was deleted 2-28-2006 by Ord. No. 06-03. The former entry for home-based contractor establishments, added 7-5-2005 by Ord. No. 05-09, was repealed 10-27-2009 by Ord. No. 09-26.
[5]
Editor's Note: The former entry for "school bus shelter," added 10-14-1997 by Ord. No. 97-21, which immediately followed this entry, was deleted 3-14-2000 by Ord. No. 00-05, which added said entry as a permitted use. See now § 205-63.
[Amended 6-12-2001 by Ord. No. 01-13; 3-25-2008 by Ord. No. 08-05; 12-15-2009 by Ord. No. 09-33[1]]
Standard development. The maximum density in an AR - Agricultural Residential District is one dwelling unit for each 10 acres,* which is to be allowed only when accompanied by an official certificate from the Delaware Department of Natural Resources and Environmental Control (DNREC) which states that a septic system has been designed and permitted by DNREC on the ten-acre parcel. If a larger-sized parcel is required by DNREC, then that determination shall have precedence over the maximum density requirements of this Zoning Chapter.
*NOTE: All properties that qualify for minor subdivision review will be allowed to subdivide (a maximum of four lots and a remainder), with a minimum lot size of one acre or as provided for in the § 205-397.2, Growth Zone Overlay District.
[1]
Editor's Note: This ordinance provided that any subdivision and land development projects that have received preliminary plan approval by the Regional Planning Commission, or Levy Court approval in the case of planned unit developments and cluster subdivisions, shall not be subject to its provisions for as long as their approval remains valid.
A. 
For area requirements for standard development, see the AR - Agricultural Residential Matrix located at the end of this chapter.
B. 
For area requirements for cluster development, see Article XIX, Cluster Regulations.
[Amended 10-24-2017 by Ord. No. 17-19]
No more than 23% of each lot in an AR - Agricultural Residential District shall be covered by man-made impervious surfaces.
A. 
Each lot in an AR - Agricultural Residential District shall have:
(1) 
A front building line at least 40 feet from and parallel to the front street right-of-way line.
(2) 
For waterfront lots, a building line at least 50 feet from and parallel to the water lot line or mean high-water line, whichever is closer.
(3) 
Side setbacks at least 25 feet wide and with a total combined width of at least 60 feet.
(4) 
A rear setback at least 40 feet deep.
B. 
All building lines of each lot shall be at least 75 feet from the right-of-way of an abutting major roadway (as defined by the Delaware Functional Classification Map, prepared by the Delaware Department of Transportation) and at least 100 feet from the right-of-way of a limited or denied access highway.
C. 
A fifteen-foot deep planted screening buffer shall be located within all setback areas required by Subsection B of this section and shall be landscaped with evergreen and deciduous trees and shrubs. Agricultural properties shall be exempt from this provision.
A. 
Accessory structures may not be constructed unless there is a principal structure on a lot.
B. 
Accessory uses shall not be permitted without a principal use.
C. 
An accessory structure attached to the principal structure is considered part of the principal structure and is subject to the provisions of § 205-68, Yards and setbacks, of this article.[1]
[1]
Editor's Note: Former Subsections D and E, regarding accessory structures/uses in an Agricultural Residential District and accessory structures located on corner lots, respectively, which immediately followed, were repealed 1-25-2011 by Ord. No. 11-03. This ordinance also redesignated former Subsection F as Subsection D.
D. 
Accessory animal and agricultural uses.
(1) 
An accessory structure, enclosure, coop or run used to house or shelter or sell fowl or livestock other than a domestic (pet) animal shall be located at least:
(a) 
Fifty feet from the rear or side lot line.
(b) 
One hundred feet from any dwelling located on an adjoining lot.
(2) 
An accessory structure, enclosure, coop or run used to house or shelter a domestic (pet) animal shall be located at least:
(a) 
Thirty feet from each rear or side lot line.
(b) 
Fifty feet from any dwelling located on an adjoining lot.
(3) 
Chicken houses shall be located at least:
(a) 
One hundred feet from all property lines.
(b) 
Three hundred feet from any dwelling on an adjoining property.
(4) 
Manure shall be stored at least:
(a) 
One hundred feet from each lot line.
(b) 
Two hundred feet from any dwelling not on the premises.
(5) 
Accessory agricultural dwelling units:
(a) 
Every owner of a bona fide farm of more than 10 acres and less than 50 acres shall be permitted to have one dwelling or manufactured home in addition to a principal residence located on said farm for the purpose of housing family members and/or farm workers employed on said farm.
(b) 
Every owner of a bona fide farm of more than 50 acres shall be permitted to have no more than two dwellings or manufactured homes in addition to a principal residence located on said farm for the purpose of housing family members and/or farm workers employed on said farm.
(c) 
Each accessory dwelling or manufactured home shall meet all setback requirements as required of principal dwellings.
A. 
Except for cluster development, the minimum frontage requirement for access for any property shall be:
(1) 
Two hundred feet for any property taking access from a numbered County or state road. All vehicular entrances to any property shall meet all entrance requirements of the Delaware Department of Transportation.
(2) 
One hundred fifty feet for any property taking access from a proposed or existing subdivision street.
B. 
Except for village and cluster developments, the minimum lot width at the front building line shall be 150 feet.
NOTE: Minimum frontage requirement on culs-de-sac and radial curves may be reduced but must meet the minimum frontage requirement measure at the minimum front building setback line.
NOTE: All residential access in village developments must be taken from an interior subdivision street.
A. 
Each principal residential structure in an AR - Agricultural Residential District:
(1) 
May not exceed 35 feet in height.
(2) 
May be increased in height above the limitation of Subsection A(1) of this section for elevation required by the National Flood Insurance Program.
B. 
Each principal nonresidential structure in an AR - Agricultural Residential District:
(1) 
May not exceed 80 feet in height, except for broadcasting and telecommunications towers, whose maximum height is 200 feet in height.
[Amended 1-15-2002 by Ord. No. 02-01]
(2) 
Shall have all yard and setback requirements increased by one foot for each foot in height.
C. 
Accessory structures in an AR - Agricultural Residential District may not exceed 20 feet in height.
A. 
Slopes with a grade of 15% or greater may not be developed unless:
(1) 
The development will facilitate the stabilization of the slope.
(2) 
The principal structure is designed to be constructed on piers or pilings.
(3) 
All slope development is first approved by the Department of Planning Services, Division of Planning, and the Kent Conservation District.
B. 
Notwithstanding the provisions of Subsection A of this section, a fifty-foot planted buffer area shall be located and maintained between the principal structure and the crest of slopes with a grade of 25% or greater.
C. 
Drainage for structures and lots may not be channelized toward any slope of a grade of 15% or greater.
[1]
Editor's Note: Former § 205-73, Preservation of streams, wetlands and floodplains, was repealed 6-24-2003 by Ord. No. 03-14. See now Ch. 187, Subdivision and Land Development.
[1]
Editor's Note: Former § 205-74, Buffer requirements, was repealed 6-24-2003 by Ord. No. 03-14. See now Ch. 187, Subdivision and Land Development.
[1]
Editor's Note: Former § 205-75, Village development, minimum requirements, as amended, was repealed 3-25-2008 by Ord. No. 08-05, and 12-15-2009 by Ord. No. 09-33.