| Section 15A00 - Purpose | Section 15A02 - Procedure |
| Section 15A01 - Requirements | Section 15A03 - Change of Occupancy |
The purpose of this article is to allow parents and/or grandparents of occupants of single-family dwellings to live in a separate dwelling unit within the principal dwelling, without converting the principal dwelling into a two- family dwelling. (back to top)
A. No part of any dwelling shall be used as an accessory family dwelling unit until the Zoning Board of Review has granted a special-use permit under Article 9; all requirements of Article 15A are satisfied; and the zoning officer has issued a certificate of zoning compliance under Sections 305 and 15A02.
B. The total floor space devoted to an accessory family dwelling unit shall not exceed twenty five (25%) percent of the floor area of the entire dwelling exclusive of porches, decks or basements, and shall be a minimum of 400 square feet in gross floor area. Only one accessory family dwelling unit is permitted in a principal dwelling unit, and the accessory family dwelling unit shall have no more than one bedroom and shall not have a separate outside door to the front or side of the building. The property containing an accessory family dwelling unit shall retain the appearance and character of a single family property.
C. The right to use part of a single-family dwelling as an accessory family dwelling unit shall automatically be terminated when the accessory unit is no longer occupied by a parent and/or grandparent of an occupant of the primary dwelling. (back to top)
In addition to satisfying the requirements of Section 305, a certificate of zoning compliance for an accessory family dwelling unit shall not be issued until the following requirements are satisfied.
A. The applicant shall sign an affidavit stating that the accessory unit will be occupied only by one or both parents and/or grandparents of an occupant of the principal dwelling unit. The affidavit shall also identify such parent or parents and/or grandparent or grandparents by name and identify the principal occupant whose parent or parents and/or grandparent or grandparents will occupy the accessory unit. Such affidavits shall be filed in the Town Clerk's records and shall be available for public inspection; and
B. The foregoing affidavit shall be accompanied by a surety deposit of one hundred dollars ($100.00) which shall be refunded if and when the applicant gives proper notice to the Town pursuant to Section 15A03 that the use of part of the principal dwelling for an accessory family dwelling unit has been abandoned. Such security deposit shall be forfeited if the applicant fails to give proper notice to the Town pursuant to Section 15A03 that no parent or grandparent identified in the affidavit continues to occupy the accessory unit. If such notice is not given and the accessory family dwelling unit is occupied by one or more persons who are not parents or grandparents of the applicant, the applicant, in addition to forfeiting the surety deposit, shall be subject to the enforcement provisions of Section 310. (back to top)
If an accessory family dwelling unit is no longer occupied by a parent or grandparent of an adult occupant of the principal dwelling unit, an adult occupant of the principal dwelling unit shall within thirty (30) days sign an amended affidavit which either identifies the current occupants of the accessory unit, in accordance with Section 15A02, or states that the use of part of the principal dwelling for an accessory family dwelling unit has been abandoned. This paragraph shall not prohibit a transfer of ownership and/or occupancy of the primary dwelling provided that at approximately the same time the accessory unit is occupied by one or both parents and/or grandparents of the new occupants of the primary unit. (back to top)