The lot must have an area of at least 45,000 square feet in total and contain a single-family dwelling.

The principal single-family dwelling, including the accessory apartment, must satisfy all side and rear yard requirements for single-family dwellings in effect at the time the application for a special permit is submitted.

Either the principal single-family dwelling or the accessory apartment must be occupied by an owner of the property. The owner must be an owner of the entire lot, any structures thereon, and both dwelling units. Prior to conclusion of a special permit review, the owner(s) must submit a notarized letter to the Building Inspector stating that they will occupy one of the dwelling units as their permanent or primary residence, except for bona fide temporary absences. Upon sale or transfer of the property to a new owner, the new owner must submit a substantially identical notarized letter to the Building Inspector. If such a letter is not submitted within 30 days of the recording of the deed, the special permit shall lapse.

In addition to the accessory apartment, the lot may contain no more than one single-family dwelling and uses accessory to such dwelling that are permitted by this Zoning Bylaw.

No more than one curb cut or driveway access shall be permitted, unless the lot already had multiple access points on the date of passage of this § 140-36, or the Planning Board determines that a second curb cut will improve public safety and not detract from the rural character of the road.

The lot must have a minimum of three off-street parking spaces, which may include internal garage bays.

The accessory apartment shall contain no more than 1,000 square feet of floor area and no more than two bedrooms.

An accessory apartment shall be a complete dwelling unit with a separate entry; kitchen facilities; at least one bedroom; and a bathroom with sink, toilet and bathing facilities.

The creation and maintenance of the accessory apartment in an existing structure shall be accomplished in a manner that does not detract from its architectural character.

An accessory apartment may be located within or attached to the principal dwelling, within a garage or barn that was in existence on the date of passage of this § 140-36, or within a new accessory structure located no more than 100 feet from the principal single-family dwelling.

A special permit for an accessory apartment may only be acted upon subject to obtaining any required approvals from the Board of Health.

An application for special permit for an accessory apartment shall include, in addition to information required for a building permit, any information necessary to show proposed interior and exterior changes and to determine compliance with the conditions of this subsection, including a plot plan, floor plans, and exterior building elevations for any existing facade that will be altered. To ensure compliance with the requirements of this § 140-36, the approving board may require such plans to be prepared and stamped by qualified professionals.

An accessory apartment shall count as a full dwelling unit for the purposes of § 140-35B, Common Driveways.[1] No accessory apartment shall be approved if it will result in an exceedance of the four-dwelling-unit limit thereunder (Examples: Only one accessory apartment may be built on an approved shared driveway serving three lots; whereas, no accessory apartments may be built on a shared driveway serving four lots). Approvals for accessory apartments on shared driveways shall be on first-come, first-served basis.

Nothing in this § 140-36 shall be construed to change or reduce any dimensional or area requirements of this Zoning Bylaw relative to single-family dwellings and accessory structures thereto or to allow any uses not otherwise permitted by this Zoning Bylaw, other than accessory apartments as allowed herein.