Killingworth City Zoning Code
ARTICLE IX
Accessory Dwelling Unit
[Amended 8-2-2011; 2-21-2012; 5-21-2013; 11-1-2016; 3-16-2021; 3-21-2023; 2-17-2026]
§ 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 dwelling unit within single-family dwellings, detached accessory buildings and new construction for the purpose of providing alternative housing, including rental housing. This regulation is designed to ensure that in creating an accessory dwelling unit the single-family character of the existing principal dwelling shall be retained.
§ 500-60 Approval process.
A.
Accessory Dwelling Unit by zoning permit.
(1)
In a single-family dwelling, or in a separate detached structure, an accessory dwelling unit is permitted in all districts subject to a zoning permit issued by the Zoning Enforcement Oficer. This includes both new and existing structures, provided that it also complies with all applicable state and Town ordinances, codes and regulations. The applicant shall provide information from the Health District showing that existing or proposed wells, septic systems or connections to public or private sewer or water lines are adequate to service the proposed use of the structure. Approval from the health district is required prior to a zoning permit being issued. It must also conform to the following standards in § 500-61.
B.
Accessory dwelling unit by special exception.
(1)
An accessory dwelling unit with up to three bedrooms and up to 1,600 sf in size may be constructed on certain single-family residential properties containing 10 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.
(2)
An accessory dwelling unit larger than 33% or 1,000 square feet of primary dwelling located on less than 10 acres requires a special exception subject to the conditions prescribed in Article XXVI of these regulations and Commission approval, provided that is 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 dwelling unit-shall only be permitted on a lot or in a building that conforms to all existing zones requirements.
B.
An accessory dwelling unit shall be permitted only within single-family residence dwellings or detached accessory structures.
C.
Accessory dwelling units within single-family residences or detached accessory structures shall have a minimum floor area that complies with any state building code and a maximum floor area not to exceed 33% of the floor area of the primary principal dwelling or 1,000 square feet, whichever is less. Accessory dwelling units shall have no more than two bedrooms.
D.
The applicant shall provide information to the Commission from the public health district showing that existing or proposed wells, septic tanks, or connections to the public or private sewer or water lines are adequate to serve the proposed use of the structure. Approval from the health district is required prior to a zoning permit being issued.
E.
Exterior second-floor stairways shall be constructed in compliance with state building codes and shall be located on the side or rear of the building
F.
The existing driveway is to be used. If this is not feasible due to land conditions, then a preliminary approval from Public Works is required as a condition of the zoning permit.
G.
A decision to approve or deny an accessory dwelling unit shall be made by the Zoning Enforcement Officer within 65 days after receipt of the application, except that an applicant may consent to one or more extensions of not more than additional 65 days or may withdraw such application.
