Will comply with the applicable requirements contained in Articles 4 and 5 of this chapter, will be consistent with the purposes of the district in which it is located and has been given due consideration by the Planning Board.

Will be consistent with the purposes of this chapter set forth in § 108-1.4.

Will not result in excessive off-premises noise, dust, odors, solid waste or glare, or create any public or private nuisances.

Will not cause significant traffic congestion, impair pedestrian safety, or overload existing roads, considering their current width, surfacing, condition, and any proposed improvements made to them by the applicant.

Will be suitable for the proposed action considering the property's size, location, topography, vegetation, soils, natural habitat, hydrology, hydrogeology and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.

Will be subject to such conditions on operation, design and layout of structures and provision of buffer areas as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic and scenic resources of the Town.

The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises;

The apartment shall be clearly subordinate to the one-family dwelling unit. The floor area devoted to the apartment shall be no more than 35% of the gross square feet of the existing one-family dwelling unit prior to the creation of the accessory apartment;

The number of bedrooms in the apartment shall be not more than two;

The floor area of the apartment shall be greater than 400 square feet;

An accessory apartment shall be considered in density calculations;

The apartment and one-family dwelling must have a safe and proper means of entrance, clearly marked for the purpose of fire safety and mail service;

All County Department of Health regulations shall be met;

No special use permit shall be granted in any case where the County Department of Health has determined that the water or sewage system serving the dwelling or dwellings in question is for any reason not capable of handling the additional demand that would be imposed upon it in the event the special use permit was issued thereunder;

Stairways leading to any floor or story above the first floor shall be located within the walls of the building. Any fire escapes, when required, shall be located on the rear wall in preference to either side wall. In no instance shall a fire escape be located on any wall fronting on a street;

The requirement for site plan approval for special permits shall not apply to special permits under this Subsection B unless the accessory apartment is proposed to be located in a detached structure;

All accessory structures which contain dwelling units must comply with the § 108-5.15, Schedule of Bulk Regulations; and

The certificate of occupancy for the accessory apartment shall clearly identify such dwelling unit and its floor area.