As used in this chapter, the following terms shall have the
meanings indicated:
AN ACCESSORY DWELLING UNIT (ADU)
A.
A small, self-contained residential unit located on the same
lot as an existing single-family home. An ADU has all the basic facilities
needed for day-to-day living independent of the primary residence,
such as a kitchen, sleeping area and a bathroom.
B.
The installation of an ADU may be as a separate unit within
an existing home, an addition to the home, or a separate structure
on the lot.
The purpose of allowing ADUs is to:
A. Encourage a diversity of housing options that help maintain a viable
year-round population.
B. Provide homeowners with a means of obtaining, through tenants in
either the ADU or the primary residence, rental income, companionship,
security and services.
C. Develop housing units in single-family neighborhoods that are appropriate
for people at a variety of stages in life.
D. Protect neighborhood stability, property values and the single-family
residential appearance of the neighborhood by ensuring that ADUs are
installed under the conditions of this article.
ADUs shall meet the following standards and criteria:
A. The design and size of the ADU shall conform to all applicable standards
in the building, plumbing, electrical, mechanical, fire, health and
any other applicable codes.
B. In order for an ADU to be added to a lot, the following minimum lot
standards must be met:
(1)
For lots located within the Rural Protection District, an ADU must comply with the requirements of §
125-33, minimum lot size in all districts. An ADU located within the Rural Protection District and that complies with the requirements of this article shall not be considered a second dwelling unit on the lot.
(2)
Notwithstanding any other ordinance provision to the contrary,
for lots located outside the Rural Protection District, an ADU must
comply with the following minimum lot size and frontage requirements:
|
Minimum Lot Size and Frontage Requirements
|
|
|
Minimum Lot Area
(square feet)
|
Minimum Shore Frontage
(feet)
|
|
Outside the Rural Protection District and adjacent to tidal
areas
|
60,000
|
300
|
|
Outside the Rural Protection District and adjacent to nontidal
areas
|
80,000
|
400
|
C. The maximum size of an ADU shall not exceed 800 square feet.
D. All unattached ADUs shall meet current plumbing codes, as well as
have their own septic tank, which may be linked to the subsurface
sewage disposal system of the primary residence as determined by a
licensed site evaluator. Those homeowners served by the Dark Harbor
Waste Water Treatment Facility need prior written permission from
the Town Manager before approval of the ADU permit.
E. No new access to the ADU is allowed from the road that serves the
lot.
F. The primary residence and the ADU are owned by the same person and
may not be sold separately unless dimensional requirements are met.
G. The owner is required to occupy either the primary residence or the
ADU as his primary legal residence.
H. Only one ADU is permitted per residential lot.
I. An ADU shall not have more than two bedrooms.
J. One off-street parking space shall be provided or as many spaces
deemed necessary by the CEO to accommodate the actual number of vehicles
used by occupants of both the primary residence and the ADU.
K. There shall be no on-street parking associated with an ADU.
L. The applicant shall provide a covenant in a form acceptable to the
Town Attorney and suitable for recording with the Registry of Deeds
providing notice to future owners of the subject lot that the existence
of the accessory dwelling unit is predicated upon the occupancy of
either the accessory dwelling unit or the primary residence by the
property owner. The covenant shall also require any owner of the property
to notify a prospective owner of the limitations of this section.
M. Transfer of ownership requires a new ADU permit to be issued prior
to occupancy if the new property owner wishes to continue the ADU
use.