Killingworth City Zoning Code
ARTICLE IX
Accessory Apartments
§ 500-58 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A separate accessory dwelling unit, having both a kitchen and bathroom, created either within a single-family dwelling or within a detached accessory structure but subordinate to it in terms of size and appearance.
A separate accessory dwelling unit, having both a kitchen and bathroom, within an existing or newly constructed detached structure but subordinate to an existing single-family structure in terms of size and appearance.
See the definition of "acre equivalent minimum buildable lot area" in § 500-4.
§ 500-59 Purposes and intent.
The intent of this regulation is to permit a wider variety of housing types for various segments of Killingworth's population. It allows the creation of one accessory apartment within single-family dwellings, detached accessory buildings and certain new construction for the purpose of providing alternative rental housing for the elderly, single persons, or caretakers. This regulation is designed to ensure that in creating an accessory apartment the single-family character of the existing principal dwelling shall be retained.
§ 500-60 Approval process.
A.
Accessory apartments in dwellings by zoning administrative permit. An accessory apartment may be permitted in single-family dwellings in all districts subject to a zoning administrative permit issued by the Zoning Enforcement Officer, and provided that it also complies with all applicable state and Town ordinances, codes and regulations as well as the following standards in § 500-61.
B.
Accessory apartments in residential detached accessory buildings, existing septic systems, by site plan approval. An accessory apartment utilizing the existing septic system may be permitted on certain single-family residential properties in a detached building by site plan approval by the Commission subject to the conditions prescribed in or pursuant to Article XXVI and provided that it also complies with all applicable state and Town ordinances, codes and regulations as well as the following standards in § 500-61.
C.
Accessory apartments in residential detached accessory buildings, new septic systems, by site plan approval. An accessory apartment utilizing a new septic system may be permitted on certain single-family residential properties containing four or more buildable acres in a detached building by site plan approval by the Commission subject to the conditions prescribed in or pursuant to Article XXVI and provided that it also complies with all applicable state and Town ordinances, codes and regulations as well as the following standards in § 500-61. The Commission may allow as little as two buildable acres where one of the following conditions is present:
[Amended 3-21-2023]
(1)
Where the existing septic system is located more than 200 feet from the proposed detached building containing the accessory apartment or;
(2)
Where any portion of the topography between the existing principal dwelling and the proposed accessory apartment would not allow a connecting sewer pipe due to shallow depth to ledge, inland wetlands or watercourses, or slopes over 15% or;
(3)
The accessory apartment is deed restricted for 40 years as an affordable unit, with rent not to exceed 30% of the monthly income of a family earning 60% or less of the median income, being the lesser of the state median income or the area median income for the area in which the Town is located, as determined by the United States Department of Housing and Urban Development.
D.
Accessory caretaker apartments by special exception. An accessory caretaker apartment may be constructed on certain single-family residential properties containing 20 or more buildable acres by special exception subject to the conditions prescribed in Article XXVI of these regulations and Commission approval, provided that it also complies with all applicable state and Town ordinances, codes and regulations as well as the following standards in § 500-61.
§ 500-61 Standards.
A.
An accessory apartment or accessory caretaker apartment shall only be permitted on a lot or in a building that conforms to all existing zoning requirements.
B.
An accessory apartment shall be permitted only within single-family residence dwellings or detached accessory structures.
C.
Accessory apartments shall not be permitted within detached accessory structures utilizing a separate septic system in subdivisions where the principal dwelling on the lot was built less than one year prior to the date of the application.
D.
Accessory apartments within single-family residences or detached accessory structures shall have a minimum floor area of 400 square feet and a maximum floor area not to exceed 33% of the floor area of the primary principal dwelling or 950 square feet, whichever is less.
E.
Accessory apartments shall be limited to one bedroom, and occupancy of accessory apartments shall be limited to two people.
F.
Accessory apartments shall not change the single-family character of the dwelling and the property.
G.
Accessory caretaker apartments on conforming properties containing 20 or more buildable acres may include the enlargement or extension of any existing structure or new construction, provided it shall not change the residential character of the property and:
H.
Either the principal dwelling unit or the accessory apartment or the accessory caretaker apartment shall be occupied by the owner of the total property.
I.
The applicant shall provide information to the Commission from the Town Sanitarian showing that existing wells, septic tanks, or connections to the public or private sewer or water lines are adequate to serve the proposed use of the structure.
J.
No new additional entrances shall be added to the front of any structure containing an accessory apartment which faces a street.
K.
Second-floor stairways shall be constructed in compliance with state building codes and shall be located on the side of the building farthest from the street from which the lot is accessed.