Accessory family dwelling units
A. Purpose: To provide for orderly land use and to maintain the character within the town, the zoning board of review may grant special use permits for accessory family dwelling units (so-called in-law apartments) as defined in article IX, that comply with the stipulations and requirements herein.
B. No alteration, remodeling, construction, etc. for provisions of an accessory family dwelling unit (A.F.D.U.) shall commence and no building permit shall be applied for or issued for an A.F.D.U. prior to the zoning board of review granting a special use permit for said unit.
C. The primary structure containing an accessory family dwelling unit shall retain the appearance of a single-family dwelling with no major structural alterations to the exterior. The A.F.D.U. shall have no additional external entrance that faces a street. For A.F.D.U.s that are granted permission in new construction, the entire structure must contain a common foundation and common roof; the apartment unit shall be connected to the principal use area by enclosed living space.
C.1. A "Common foundation" shall mean the walls serving as structural support for the building, extending a minimum of three (3) feet [inches]—four (4) inches below grade.
C.2. A "Common roof" shall mean the flat slab or sloped deck of a structure for covering the building, including the supporting members, but excluding the vertical (wall) supports, except for the following. Where adjacent roof sections do not have common peaks or ridges, the maximum vertical separation shall not exceed twelve (12) feet.
D. The maximum total floor space of A.F.D.U. shall be six hundred (600) square feet gross floor area. The A.F.D.U. shall have no more than one (1) bedroom. There shall be no more than one (1) accessory family dwelling unit permitted in a single-family structure.
E. Approved ISDS (septic system), common utilities, including water service, and electric service (one (1) meter) shall be provided, with the exception of telephones and television hook-ups.
F. Applicants shall submit plans of the A.F.D.U. to the zoning board of review, which the board shall date and keep on file.
G. The sale of the principal dwelling which contains an A.F.D.U. shall automatically cause the special use permit to become void, absent of a new special use permit from the zoning board of review. Transfer by inheritance, surviving joint tenancy or gift to a member of the immediate family (i.e., issue of the occupant of the A.F.D.U.) shall not void the special use permit unless the zoning board of review shall have so stipulated in its decision granting the permit. Nothing in this section shall limit the powers of the zoning board of review to impose additional conditions, including more restrictive conditions, concerning the effect of transfer of ownership.
(Ord. of 4-23-98(4); Ord. of 9-9-99(2))