Accessory Dwelling Units.
§ 218-53. Accessory Dwelling Units. [Amended 2-14-2011 by Ord. No. 328; 1-8-2024 by Ord. No.
407; 11-12-2024 by Ord. No. 424]
A. An ADU shall provide completely independent living facilities for one or more persons. An ADU is intended for year-round occupancy or otherwise to be the primary residence of the person or persons who will occupy it regardless of family relationship to the property owner. The property owner may occupy either the primary dwelling or the ADU. For the purposes of this subsection, the term property owner includes a person or persons, a trust, or a legal entity such as a corporation or limited liability company. An ADU permitted under this section shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2.
B. An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.
C. One ADU per lot shall be allowed by right under the following circumstances:
(1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or (2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or (3) Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.
D. Uniform Standards. An ADU shall have no more than two bedrooms and comply with the following standards:
(1) A studio or one bedroom ADU shall contain no more than 900 square feet or sixty (60) percent of floor area of the principal dwelling, whichever is less.
(2) A two bedroom ADU shall contain no more than 1,200 square feet or sixty (60) percent of floor area of the principal dwelling, whichever is less.
(3) One additional off-street parking space for the ADU shall be provided, unless the property exceeds the required number of parking spaces under § 218-56.
(4) An ADU shall be equipped with lower water consumption plumbing fixtures.
(5) An ADU permitted under this section shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2.
E. Any ADU permitted by right under the provisions of this section that is not part of a larger development proposal shall be approved administratively. Prior to the issuance of a building permit, the Building Official shall review the application for an ADU and make the following determinations:
(1) That the proposed ADU meets all requirements and standards listed above, including that the property is owner-occupied; and (2) That the ADU meets all public health, safety, sanitary and building code standards.