Jackson Township Zoning Department

Accessory Buildings shall not be used as living quarters.

Accessory Buildings shall not exceed the square footage of the primary use structure on the premises for parcels of one acre or less.

The total of all unattached accessory buildings in the R-R, R-1 or R-1A districts shall not exceed the following:

• 1,200 sq. ft. of building footprint for parcels or lots one acre or less.
• 3,000 sq. ft. of building footprint for 3% of the lot or parcel, whichever, is less, for parcels or lots that are greater than one acre but less than five (5) acres.
• 5,000 sq. ft. of building footprint shall be permitted for lots that are five (5) acres or greater.

No detached accessory building, shall exceed 500 sq. ft. per unit in an R-2, R-3 Residential PUD, R-4, R-5 and R-6 PUD district, except as otherwise specifically permitted.

A residential accessory building affidavit shall be completed and submitted for any single, detached accessory building over 700 sq. ft. prior to the issuance of a permit.

Accessory buildings shall not be constructed or placed on a lot without a principal dwelling unit, except for the following:

• If two lots are in common ownership an accessory building can only be constructed or places on the lot with the principal dwelling unit.

One accessory building that is 32 sq. ft. or less and not more than 10 ft. in height shall be permitted on a lot or parcel without a permit and need not comply with the setbacks from principal building.

Accessory buildings are only permitted in the side or rear yard area.

Accessory buildings 120 sq. ft. or less are required to have a minimum setback of 5 ft. from the rear and side property line.

Accessory buildings greater than 120 sq. ft. are required to have a minimum setback of 10 ft. from the side and rear property line and 15 ft. from all other buildings.

When an accessory building abuts a secondary street the minimum setback shall be 25 ft. from the road right-of -way.

All Swimming Pools

• All above ground swimming pools greater than (3) feet in height and all in ground swimming pools require a permit and shall comply with all setback requirements. 
• The square footage of a swimming pool shall not count when calculating the total square footage of accessory structures permitted on a lot.
• Construction, plumbing and electrical requirements, inspection, and other safety facilities shall be regulated by the county or state building codes.
• No pool shall be filled with water until the appropriate means of preventing uncontrolled access from the street or adjacent properties has been completed, per the zoning resolution.
• Swimming pools are required to be a minimum of 10 ft. from any side or rear property line. When the side or rear property line abuts a secondary street the minimum setback is 25 ft. from the road right of way.
• Swimming pool are permitted only in the rear or side yard area.
• All above ground swimming pools less than thirty-seven (37) inches in height but more than twenty-four (24) inches in height shall be covered when not in use to prevent uncontrolled access.
• Swimming pools two (2) feet or less shall not be regulated.

In-Ground Swimming Pools

All in-ground swimming pools shall be enclosed with a wall or fence having a minimum height of four (4) feet and be equipped with a gate and locking device that is securely latched to prevent uncontrolled access from adjacent properties, except for the following:

• The 4 ft. in height fence or wall requirement for an in-ground pool may be exempt along a property line that directly abuts a lake when the lake is at least 10  acres or greater and lake extends a minimum of 10 ft. beyond the property line.  All other fencing or wall requirements shall apply along all property lines that abut an adjoining property of land or road right of way.
• For lots or parcels five acres or greater in which the in-ground swimming pool is at a minimum of 200 ft. from the rear or side property line, the in-ground swimming pool may be secured with an automatic pool cover that meets the American Society for Testing and Material Standards (ASTM F1346-91) in lieu of a wall or fence.  Cover should always be closed when pool is not in use.

Above Ground Pools

All above ground swimming pools greater than three (3) feet in height with a wall height less than four (4) feet shall be secured with the following: 

• The pool area or the entire property on which it is located shall be enclosed with a wall or fence having a minimum height of four (4) feet measured from the surrounding grade of the pool walls and be equipped with a gate and locking device that is securely latched to prevent uncontrolled access from adjacent properties, except, the 4 ft. in height fence or wall requirement for an above ground pool may be exempt along a property line that directly abuts a lake when the lake is at least 10 acres or greater and the lake extends a minimum of 10 ft. beyond the entire property line.  All other fencing or wall requirements shall apply along all property lines that abut an adjoining property of land or road right of way.

Above Ground Swimming Pools with wall height 4 ft. or greater shall comply with one of the following:

• The pool shall have steps or a ladder that swings up and locks in place off the ground or removed when the pool in unattended.
• The pool platform or deck has a gate with locking device to prevent uncontrolled access from adjacent properties.  
• The pool area or the entire property on which it is located shall be enclosed with a wall or fence having a minimum height  of four (4) feet and be equipped with a gate and locking device that is securely latched to prevent uncontrolled access from adjacent properties, except, the 4 ft. in height fence or wall requirement for an above ground pool may be exempt along a property line that directly abuts a lake when the lake is at least 10 acres or greater and the lake extends a minimum of 10 ft. beyond the entire property line.  All other fencing or wall requirements shall apply along all property lines that abut an adjoining property of land or road right of way.
• All enclosures shall be maintained in good condition.
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• Abandoned Swimming Pools - A swimming pool shall be considered abandoned when the use has ceased and the pool is not maintained on a continued bases.  Above ground swimming pools which have been abandoned for more than twenty-four (24) months shall be removed from the property.  In-ground swimming pools which have been abandoned for more than twenty-four (24) months shall be filled in.  

Effective 4/7/16-A permit must be obtained prior to the construction of a fence.

• A permit must be obtained prior to the construction of a new or replacement fence.  A permit is not required for the repairing of an existing fence.
• All fences must be a minimum of 5 ft. from any road right of way.
• The maximum height of any fence shall be 8 , measured from the natural grade of the property in which the fence is located, unless otherwise specified in these regulations.

• Fences located within 20 ft. of the front road right of way line, or parallel to the front property line shall not exceed a maximum height of 4 , except those that are located between the side walls of the dwelling and the side property line.
• Barbed/razor wire and electric fences are not permitted for a residential use, except as utilized for the containment of agricultural animals.
• All fences shall be constructed in a professional manner and shall be maintained in good condition at all times.
• A gate constructed separately or as part of a fence shall be considered a fence for the purpose of these regulations.
• A wall constructed for the purpose of fencing, excluding retaining walls, shall be considered a fence for the purpose of these regulations.

• Accessory structures such as porches, balconies, and decks as part of the principal or accessory building shall meet the setbacks of the principal or accessory building.
• Accessory structures such as porches, patios, and decks with a roof, and balconies as part of a principal or an accessory building shall be counted as part of the square footage for the principal or accessory building.
• Freestanding decks (detached from principal or accessory building) as an accessory to a boat dock shall be a minimum of 5 ft. from the side property line. 
• Freestanding decks (detached from the principal or accessory building) as an accessory to an above ground swimming pool shall be a minimum of 10 ft. from the side or rear property line.
• The installation of cement, brick, or block patios (without footers) shall not be regulated and do not require a permit.

Building height shall be the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to 1) the highest point of the roof for flat roofs, 2) the deck line for mansard roofs, and 3) the mean height between the eaves and ridge for gable, hip, and gambrel roofs.

Illustration of Height