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Plan-link posting and replies, August 24, 2010

[Plan-link] Accessory Apartments

Question:

I am working with the Freedom Planning Board to examine all elements of their Zoning Ordinance relative to housing. Everyone seems to agree that allowing accessory apartments wwould be a positive thing for the Town - if done correctly. To this end, we feel that the owner of the home should be required to live in the primary residence; the character of the exsiting home should not be altered as seen from the street; that the apartment can only be 1 bedroom and finally that there needs to be a square footage (perhaps minimum and maximum) for the unit. There are several other details such as parking and wastewater disposal that we need to deal with, but these are not difficult. One final requirement we would like to place on accessory apartments is a maximum number of units allowed Town-wide. We were contemplating making this number a percentage of total housing units in Town as of April 1 each calendar year. The reason for this was to try to put aside fears that every home in Town will have an accessory apartment altering the character of the community.

Does anyone have good examples of an accessory apartment ordinance that has worked well that they would like to share?

Any help would be greatly appreciated!

John D. Krebs

Replies:

This is going around our office and thought you might like to have a look.  A new accessory structure for seniors.

http://www.npr.org/templates/story/story.php?storyId=129086737

Victoria Davis, Planner

8/24/10:

See Newbury zoning ordinance, Article V, Section 5.7 Accessory Apartments.

http://www.newburynh.org/Public_Documents/NewburyNH_Ordinances/Zoning2009.pdf

Bill Weiler, Newbury Planning Board

8/24/10:

Accessory Apartment - An accessory apartment is a separate complete housekeeping unit that is contained within, attached to a single-family dwelling, or within an accessory building, in which the title is inseparable from the primary dwelling. An accessory apartment shall have a maximum of 1,000 square feet of floor space. Also see Section D of Article V of this Ordinance.

Section D - ACCESSORY APARTMENTS

It is the specific intent and purpose of allowing accessory apartments in the Town of Lincoln on one-family properties to provide the opportunity and development of small rental housing units designed in particular to meet the specific housing needs of low and moderate income couples and single persons both young and old. To help achieve this goal the following specific standards are set forth:

1. The apartment will be a complete separate housekeeping unit that can be isolated from the original unit.
2. Only one accessory apartment will be created within or attached to a single-family structure or accessory building.
3. Any accessory apartment whether an addition to or contained within the single-family structure or accessory building shall have a maximum of 1,000 square feet of floor space.
4. A Special Exception must be granted from the Zoning Board of Adjustment if an accessory apartment is proposed over 1,000 square feet.
5. All applicable regulations of the Town of Lincoln shall be met before an accessory apartment is permitted.
6. Off-street parking shall be provided in accordance with the standards set forth in Article V, Section A for Residential Uses.
7. Accessory apartments are not intended for individual ownership. The title shall be inseparable from the primary dwelling.
8. Accessory apartments may be located in a detached accessory building where allowed in the Land Use Schedule under Article VI only if the detached accessory building contains another accessory use such as a garage of storage building.
9. Accessory apartments may not be a manufactured home.

Matt Henry, Planning and Zoning Administrator, Lincoln

8/24/10:

You can also check out www.chichesternh.org for Chichester's accessory
dwelling ordinance. This was prepared and adopted this past year.

Jamie A Pike, Chichester, Selectmen and Planning Office

8/24/10:

Accessory apartments are one of the best things a town can do to help older, younger and disabled residents be able to stay in town. The example provided to you by Lincoln looks great. A major problem with what you have outlined is the requirement that the dwelling be owner-occupied. How would that be enforced and what valid public purpose would it serve? Would the zoning officer be expected to require removal of the apartment if the owner had to move for a job and wanted to rent the home out for awhile? Could the owner be required to sell the building? Would it be sensible to deny a long term tenant the ability to negotiate with an owner to add an apartment on for a caregiver? Are the land use impacts of an owner different than those of a renter?

Another great feature of Lincoln's is that it allows the apartment to be in a garage or other accessory building. Many ordinances arbitrarily require the accessory unit to be in the main dwelling and put those faced with enforcement in the awkward position of trying to explaining something that really has no explanation in terms of land use impacts. As you noted, water, sewer and parking are the key things to look at.

Although I am not a lawyer I don't think a town-wide limit would be upheld. A better idea would be to inform voters with statistics on the low percentage of two family dwellings reported by the census in towns that allow accessory apartments.

Tara E. Bamford, Planning Director, North Country Council, Inc.

8/24/10:

Atkinson has some existing Regs that have served us reasonably well. They are available on the town website at www.town-atkinsonnh.com. We get through most hearings in 30-45 minutes.

All Units are approved by Special Exception, and only for stipulated owners and designated residents (specified relationships to homeowners only) of the unit. The Special Exception requires that the owners file a deed restriction. When the home changes ownership and/or the unit’s designated resident(s) cease to live there, the unit loses its Accessory Living Unit status… it is not passed on to succeeding homeowners or new unit-residents; one must reapply for a Special Exception all over again.

We have a max area of 750 square feet which some feel can be too restrictive in a larger home and maybe too big in a smaller home… a percentage of the home’s total living space might serve better (my opinion, not shared by all others though).

This has served us well, and by granting a Special Exception only for THAT floorspace, for THAT homeowner, for THOSE specific unit residents "sunset" the unit’s designation as an accessory living unit and helps keep the unit from starting out as an accessory living unit and then morphing into something more.

Hank Riehl, Chair, Atkinson ZBA

8/25/10:

Barnstead adopted the accessory dwelling units into their zoning ordinance this year.

Accessory Dwelling Unit: A one-bedroom secondary dwelling unit constructed either within an existing building or within a building constructed for that purpose, which is subordinate to the primary dwelling. (Added 3/9/10)

Section 4-3: Accessory Dwelling Units (Added 3/9/10)

4-3.01

A. Accessory Dwelling Units shall be limited to one bedroom with a minimum of 500 square feet and a maximum of 750 square feet.
B. Adequate septic accommodations shall be provided in accordance with State regulations, either by individual or combined septic systems.
C. Adequate off-street parking shall be provided for the Accessory Dwelling Unit.
D. A second driveway for the Accessory Dwelling Unit shall not be permitted unless it meets the requirements of any Barnstead Driveway Regulations.
E. The accessory dwelling unit shall have an independent address designation from the primary dwelling for the purpose of locating the unit for emergency response purposes.
F. All criteria of the Zoning Ordinance shall be met including, but not limited to, lot sizes, frontages, yard requirements, height requirements, wetlands setbacks and shoreland protection requirements.
G. The requirements of Article 12 Growth Management Regulations will apply to any new one-bedroom dwelling unit being added under this Section to a lot with an existing primary dwelling.
H. The requirements of Article 13 Impact Fees will not apply to any new one-bedroom dwelling unit being added under this Section to a lot with an existing primary dwelling unit.

Paula Vardaro, Secretary, Town of Barnstead Planning and Zoning