An in-law apartment, as a type of accessory family dwelling unit, may be allowed by the zoning board of review;

A.

In a single family dwelling within any residence district, the village business district or the waterfront district.

B.

In a legal nonconforming single family dwelling located in the business district or the manufacturing district, as a special use pursuant to the provisions of article V of this ordinance and subject to the standards and requirements contained in section 32-132 below.

In reviewing an application for an in-law apartment, the zoning board of review shall apply the general standards for the issuance of a special use permit as contained in section 32-30 of this ordinance. In addition the board shall apply the following requirements:

A.

The in-law apartment shall contain no more than six hundred (600) square feet of living space and no more than one (1) bedroom.

B.

The in-law apartment shall have at least one (1) wall in common with the principal residence, or consist of a converted basement or attic. There shall be at least one (1) means of ingress and egress which is common to both the principal residence and the in-law apartment.

C.

Utilities, including electric, plumbing and heating, shall be common to both the principal residence and the in-law apartment.

D.

The in-law apartment may be occupied only by a member or members of the family occupying the principal residence.

E.

All other requirements of this ordinance, including the off-street parking contained in article XVIII of this ordinance, and the dimensional regulations contained in article XIII of this ordinance as they pertain to the principal residence, shall be complied with.

Any applicant requesting a special use permit to construct an in-law apartment must sign an agreement restricting the occupancy of the apartment to family members only, indemnifying the Town of Warren from costs incurred in enforcing the terms of said agreement. The restriction shall be recorded in the land evidence records of the Town of Warren at the expense of the applicant. The restriction will be applicable to and binding upon subsequent owners and will be enforceable against the applicant, his heirs, devises, successors and assigns. The agreement restricting the occupancy of the apartment to family members only shall be filed annually with the building official concurrent with the payment of the first quarter taxes each year.