For many homeowners, the dream of building a guest
house, converting a garage into an apartment, or simply adding a small cottage
to their property seems like a great way to enhance family space, generate
extra income, or accommodate aging parents. However, before you start drawing
up blueprints, you need to understand a critical component of your township's
zoning ordinance: the "principal structure" rule.
In many residential zones, a key regulation stipulates
that only one "principal structure" is permitted per lot. This
seemingly simple concept can have significant implications for homeowners and
potential builders, impacting everything from accessory dwelling units (ADUs)
to subdividing property.
What exactly is a
"Principal Structure"?
The definition of "principal structure" is
the bedrock of this rule. Typically, a principal structure is the primary
building on a lot, often the house where the main residential activity occurs.
Think of it as the main dwelling unit that establishes the property's
residential character. Zoning ordinances usually outline specific
characteristics to help identify a principal structure, such as:
- Size and Purpose: It's typically the largest building on the
lot and used primarily for residential purposes.
- Essential Infrastructure: It generally contains the core utilities
and infrastructure, like plumbing, electrical, and heating systems,
serving the primary residential use.
- Original Intent: Often, it's the structure that was
originally intended as the primary dwelling when the lot was created.
Why the "One Principal
Structure" Rule?
This zoning regulation exists to:
- Maintain Residential
Character: Limiting principal
structures helps preserve the character and density of residential
neighborhoods, preventing them from transforming into high-density areas.
- Control Population
Density: By restricting the
number of dwelling units, the township can effectively manage population
density and the strain on local infrastructure and services.
- Manage Infrastructure
Capacity: The rule helps
ensure adequate infrastructure, such as roads, sewer systems, and water
supply, can support the residential population within a specific zone.
- Prevent Overcrowding: It prevents the overcrowding of lots,
ensuring sufficient space for residents to live comfortably and maintain a
reasonable quality of life.
Implications for Homeowners:
Understanding the "one principal structure"
rule is crucial before undertaking any construction project. Here are some key
considerations:
- Accessory Dwelling Units
(ADUs): While many
townships are embracing ADUs to address housing needs, their regulations
must comply with the principal structure rule. This often means ADUs are
considered accessory to the main dwelling and are subject to
strict regulations regarding size, location, and occupancy.
- Detached Garages and
Sheds: These structures
are generally considered accessory buildings and not principal structures,
but they still need to comply with zoning requirements regarding setbacks,
size, and use.
- Subdivision: If you're considering subdividing your
property, this rule dictates that each newly created lot must be able to
accommodate a principal structure that complies with all zoning
regulations.
- Converting Existing
Structures: Modifying an
existing garage or shed into a separate dwelling unit will likely violate
the "one principal structure" rule unless it's specifically
permitted as an ADU and meets all related criteria.
Before You Build: Consult Your
Township
Zoning ordinances can be complex and vary
significantly between townships. Therefore, it's absolutely essential to
consult with your local zoning department before starting any construction project. They can
provide clarification on the specific definition of "principal
structure" in your area, explain the applicable regulations, and guide you
through the permitting process.
Ignoring the "one principal structure" rule
can lead to costly consequences, including fines, stop-work orders, and even
the requirement to remove non-compliant structures. By understanding your
township's zoning regulations and engaging with local officials, you can ensure
your building project aligns with the rules and achieves your desired outcome
without running into legal or financial roadblocks.
In conclusion, the "one principal structure"
rule is a vital element of many township zoning ordinances. Understanding its
purpose and implications is crucial for homeowners to ensure they are building
ethically and within the legal framework of their community. So, before you
start building, do your research, ask questions, and consult with your local
zoning department. Your peace of mind and the integrity of your property depend
on it.