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Westerly
Town of Westerly Zoning Ordinance
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§ 260-66

Accessory structures

[Amended 5-15-2000 by Ch. No. 1300; 10-26-2020 by Ch. No. 1997]

  • A. The following terms shall have the meanings indicated:

    ACCESSORY STRUCTURE — A structure that is clearly incidental to and customarily found in connection with a principal use, is subordinate in size and intensity of use to a principal structure, is located on the same lot as the principal structure being served and contributes to the comfort, convenience, or necessity of the occupants, business, or industry located in the principal structure being served.

    ACCESSORY USE — The use of land or structures, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use may be restricted to the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related.

  • B. Permitted accessory structures and uses. Accessory structures and uses are permitted if they are under the same ownership and on the same lot as the principal use and principal structure. Any accessory use or structure which is accessory to a legally nonconforming use or structure shall be treated in the same manner and subject to the same regulation as the principal use and principal structure.
  • C. Location of accessory structures. No accessory structure may be located in the required front or corner side yards. The side and rear setbacks of accessory structures are set forth in the district dimensional tables in this chapter.
  • D. Connected structures. Where a structure is within six feet of the principal structure or interconnected to the principal structure (which must include a foundation, walls and a roof), such structure is no longer accessory, but wholly part of the principal structure, and the dimensional and use requirements for a principal structure shall apply.
  • E. Height. Maximum height of accessory structures is set forth in district dimensional tables in this chapter.
  • F. Size.
    • (1) No accessory structure or use shall be permitted which exceeds the size of the principal structure or use. Accessory building setbacks may only be utilized if the accessory structure does not exceed 550 square feet total in floor area, is a single story and does not exceed 20 feet in height. All other accessory structures must utilize the otherwise applicable minimum yard dimensions as set forth in § 260-19.
    • (2) A single-story accessory structure, less than 16 feet in height, and no more than 144 square feet in floor area, may be placed within six feet of a side or rear property line regardless of zoning district, provided that it is not placed within a front yard or corner side yard.
  • G. Accessory recreation facilities. Tennis, racquetball or paddle tennis courts and similar accessory facilities shall comply with the following requirements:
    • (1) No such facility which is accessory to the residential use shall be located in a front or corner side yard and shall otherwise comply with the side and rear setback requirements for accessory structures as set forth in § 260-19.
    • (2) No part of any such facility shall have lighting, unless such lighting is approved by special use permit and can be shown not to be a nuisance to abutting residential property; and
    • (3) The area in which the facility is located shall be screened from the view of abutting properties by means of opaque fences, walls, hedges between six and eight feet in height.