The provisions of this article shall apply within residential districts R-S, R-1 and R-2.

(Ord. No. 664, § 3, 1-27-1987)

The City of Poquoson recognizes the residential housing needs of families. Accessory dwelling units offer an additional option that, with proper safeguards, can make a significant contribution to the housing supply of the city. Young married couples and the elderly can benefit particularly through the availability of accessory dwelling units.

(Ord. No. 664, § 3, 1-27-1987)

The owners of the lot shall occupy one of the dwelling units on the premises.

(Ord. No. 664, § 3, 1-27-1987)

Any accessory dwelling unit may be occupied only by immediate family members related to the owner. For the purposes of this section, "immediate family" shall be defined as mother, father, sons and/or daughters and their spouses or children.

(Ord. No. 664, § 3, 1-27-1987)

Any accessory dwelling unit, if in a separate structure from the principle dwelling unit, shall be located to the rear or side of the principle dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

Accessory dwelling units shall meet the setback and height requirements for accessory buildings set forth in this ordinance [article].

(Ord. No. 664, § 3, 1-27-1987)

A residential lot of one acre (43,560 square feet) or more in size may have one accessory dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

Aside from the principle dwelling unit, only one accessory dwelling unit may be located on a lot. Accessory buildings not intended for use as a dwelling unit are permissible.

(Ord. No. 664, § 3, 1-27-1987)

Any accessory dwelling unit shall have a minimum of 350 square feet of living area.

(Ord. No. 664, § 3, 1-27-1987)

Any accessory dwelling unit shall not exceed 50 percent of the living area of the principle dwelling unit or may not, in any case, exceed 1,000 square feet, whichever is less.

(Ord. No. 664, § 3, 1-27-1987)

No more than two related persons may reside in any accessory dwelling unit. No unrelated individuals may reside in any accessory dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

No more than three rooms, exclusive of kitchen and bath facilities, will be allowed in any accessory dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

At least two off-street parking spaces shall be provided for use by residents for each accessory dwelling unit in addition to the two off-street parking spaces required for the principle dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

Any accessory dwelling unit shall be required to have kitchen and bath facilities which are not shared with the principle dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

Any accessory dwelling unit and the principle dwelling unit must be connected to the public sewer system. Any residential lot served by [a] private individual sewage disposal system may not have an accessory dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

Any connection of any accessory dwelling unit and principle dwelling unit and payment of related fees shall be consistent with the sewer ordinance of the city. The availability fee must be paid for each unit.

(Ord. No. 664, § 3, 1-27-1987)

Any accessory dwelling unit shall be established as a separate billing account under the city's public sewer system, even though such accessory dwelling unit may be connected to the public sewer system via the connection for the principle dwelling unit.

(Ord. No. 664, § 3, 1-27-1987)

Application for the establishment of any accessory dwelling unit under the provisions of this article shall be submitted to the zoning administrator, upon an application designated by the zoning administrator. Upon review of said application to ascertain that it complies with all of the provisions of this ordinance [article], the zoning administrator shall have the authority to approve the application.

(Ord. No. 664, § 3, 1-27-1987)

The establishment of an accessory dwelling unit under the provisions of this article shall be consistent with any deed restrictions pertaining to the residential lot in question. In no way shall the provisions of this article supersede any such deed restrictions. Applicants for the establishment of an accessory dwelling unit shall provide the zoning administrator with a certification from an attorney that the application is not in conflict with any deed restrictions for the property in question.

(Ord. No. 664, § 3, 1-27-1987)

Use of any accessory dwelling unit will require annual submission of an accessory dwelling unit use permit renewal request to the zoning administrator for approval. The accessory dwelling unit use permit must be renewed by February 1 of each year for continuation of residential occupancy of any accessory dwelling unit. A one-time fee of $25.00 must accompany the initial accessory dwelling unit use permit.

(Ord. No. 664, § 3, 1-27-1987)