Hudson City Zoning Code
ARTICLE XIIIA
ACCESSORY DWELLING UNITS
[Added 3-14-1995 by Amdt. No. 16; amended 3-14-2006 by Amdt. No. 3; 3-16-2017 by Art. No. 5]
§ 334-73.2 Purpose.
The purpose of this article is to increase the supply of affordable housing in the Town without the need for more infrastructure or further land development, while maintaining aesthetics and residence use compatible with homes in the neighborhood.
§ 334-73.3 Provisions.
[Amended 2-2-2019 ATM by Art. 05, adopted 3-12-2019; 3-11-2026 by Amdt. No. 21]
An ADU shall be permitted in zoning DISTRICTS that permit single-family dwellings, and only in accordance with the following provisions:
A.
An ADU is allowed only in single-family dwellings. An ADU is not allowed in two- or multifamily dwellings or in any nonresidential uses.
B.
An ADU is allowed as either a freestanding detached STRUCTURE or as part of any STRUCTURE which is attached to the principal dwelling. MANUFACTURED HOUSING, RECREATIONAL VEHICLES or trailers may not be erected or added to the principal dwelling as an ADU.
C.
Either the principal DWELLING UNIT or the ADU must be occupied by the owner of record of the principal dwelling. Upon request of the Zoning Administrator or other official with the authority to enforce this ordinance, the owner of record shall demonstrate that one of the units is his or her principal place of residence.
D.
The front face of the principal dwelling STRUCTURE is to appear as a single-family dwelling after any alterations to the STRUCTURE are made to accommodate an ADU. Any additional separate entrances must be located on the side or rear of the STRUCTURE.
E.
Two external means of egress (common or separate) from both a principal DWELLING UNIT and an ADU must exist.
F.
A minimum of two off-street paved parking spaces shall be provided to serve the combined needs of the principal DWELLING UNIT and an ADU.
G.
The size of an ADU shall not be less than 350 square feet nor greater than 950 square feet. The size of the principal dwelling shall not be reduced to less than 850 square feet in order to accommodate the creation of an attached ADU. An ADU may not be greater in size than the primary dwelling. Measurement of size shall be consistent with Town Assessor’s practices.
H.
An ADU shall not have more than two bedrooms.
I.
A building permit for an ADU must be approved and issued prior to the construction of an ADU or conversion of existing space into an ADU.
J.
The house number for the ADU shall be the same as that of the primary DWELLING UNIT, and there shall not be a separate mailbox for the ADU.
K.
Multiple ADUs are not permitted on any LOT in any DISTRICT.
L.
The maximum number of unrelated persons occupying an ADU shall not exceed two per bedroom.
M.
An ADU shall have an interconnected fire alarm system with the principal DWELLING UNIT.
N.
An ADU shall make provision for adequate water supply and sewage disposal in compliance with RSA 485-A: 38 and regulations adopted by the New Hampshire Department of Environmental Services, but separate systems shall not be required for the principal STRUCTURE and ADU. Verification of compliance with RSA 485-A:38 shall be filed with the Town prior to issuance of a building permit.
§ 334-73.5 Procedural requirements.
An ADU application submitted under the auspices of this article shall include: an accurate copy of the plan, which shall denote, describe and/or identify the intended ADU area. The application shall be submitted to the TOWN Zoning Administrator for determination as to its compliance with this article.
§ 334-73.6 Minimum lot dimension requirements.
An ADU shall not be considered an additional DWELLING UNIT for the purposes of determining minimum dimensional requirements of a principal dwelling LOT. An ADU shall be allowed to exist in a principal dwelling on a legal nonconforming lot so long as all provisions of this article can be satisfied. An ADU shall comply with all setback requirements.
§ 334-73.7 Enforcement authority.
The Zoning Administrator shall be the final authority on compliance and enforcement issues of this article.
