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Update on Accessory Dwelling Units

January 20, 2019 by Wayne Creed Leave a Comment

Effective February 1, 2019 accessory dwelling units are allowed by conditional use permit in certain residential districts of the historic district.

The new regulations state the following:

1) accessory dwelling units are a conditional use, not a by right use;

2) accessory dwelling units must be part of an accessory building;

3) accessory dwelling units may have a separate water/sewer/trash account from the main structure and are billed accordingly;

4) accessory dwelling units have a separate entrance from the accessory building’s entrance;

5) accessory dwelling units must meet all building, fire, and residential code requirements.

The following specifics should be remembered as well:

-Accessory dwelling units are not synonymous with tiny houses, all dwelling units are still by way of “accessory” use to a garage, workshop, or other secondary use of the main structure residential dwelling.

-Accessory dwelling units are by conditional use only and need to meet all zoning ordinance requirements of a conditional use.

-Accessory dwelling units must conform to all relevant building, fire, and property maintenance code regulations.

-Accessory dwelling units are not short-term rentals and length of stay period for occupants aligns with the terms identified in the Town’s current transient occupancy tax and building code regulations.

– Water/sewer monthly fee – All accessory dwelling units shall be billed as a water/sewer account separate from the account for the main structure and shall pay half the minimum monthly account fee as set by Town Council for units with rent-paying tenants. Units occupied by non-rent paying tenants would not have to pay additional water/sewer fees but must provide a signed affidavit stating such. Falsifying this information will result in action to revoke the conditional use permit.

-Trash can – All accessory dwelling units shall have a separate trash can provided by the contract waste disposal company.

-Inspections – All accessory dwelling units shall be inspected annually not later than fifteen (15) business days from the anniversary date of the conditional use permit being approved by Town Council.

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