§ 120-28. Accessory dwelling units and two-family dwellings.  


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  • In the Residential District, accessory dwelling units and two-family dwellings shall be allowed by special permit when the applicant can, to the Planning Board's satisfaction, show that the new use will meet all of the following criteria and standards:
    A. 
    Special permit standards. The intensification of activity will be compatible with the neighborhood, and such accessory use will:
    (1) 
    Ensure the peace, privacy, quiet and character of the neighborhood; and
    (2) 
    Avoid excessive noise, traffic, nuisance, fire hazard and other adverse effects of increasing residential density.
    B. 
    General performance standards.
    (1) 
    Accessory dwelling units shall only be permitted where the new dwelling unit and the existing dwelling unit meet all dimensional, use and performance standards of this chapter.
    (2) 
    Accessory dwelling units and two-family dwellings shall provide off-street parking for any and all anticipated increase in vehicles at the dwelling above and beyond the parking already required by § 120-16.
    (3) 
    Except in a driveway (which may not exceed 18 feet in width and must be delineated), parking is not allowed in the front yard or any portion thereof forward of the front plane of the principal structure, nor shall this area be utilized to provide any parking space required in this chapter.
    C. 
    Accessory dwelling units.
    (1) 
    Accessory dwelling units shall have provisions for complete living, including sanitary, kitchen and sleeping facilities for year-round use by one family.
    (2) 
    Accessory dwelling units shall be secondary to the principal dwelling unit and shall maintain an appearance compatible with the architectural features of the principal dwelling unit.
    (3) 
    Owner occupancy is required where a special permit has been granted for an accessory dwelling unit to a single-family home; the owner shall reside in at least one of the two dwelling units on the lot for at least six months of the year.
    (4) 
    The minimum floor area for accessory dwelling units shall be 400 square feet, and they may not have a floor area greater than 25% of the primary dwelling unit, not to exceed 750 square feet.
    (5) 
    There shall be no more than one accessory dwelling unit per single-family home.
    (6) 
    Accessory dwelling units are subject to the dimensional requirements provided for the underlying district and shall be counted toward the maximum allowable lot coverage area.
    (7) 
    No accessory dwelling unit shall be subdivided onto a separate lot unless each new lot created meets all of the dimensional and other requirements for its district established by this chapter.
    D. 
    Two-family dwellings.
    (1) 
    Single-family dwellings converted to two-family dwellings shall be allowed, provided that no exterior changes are made which are inconsistent with the original dwelling or do not conform to the character of the neighborhood. Newly constructed two-family dwellings shall be allowed, provided they are consistent in scale and architectural type with existing houses on the street.
    (2) 
    Each of the two units created in the two-family dwelling must have a minimum of 750 square feet of interior habitable area.