Proposed New Zoning Article
Purpose: To expand affordable housing options in Harrisville, to provide housing options for young or older citizens, and to bring Harrisville into compliance with a new state law going into effect in 2017.
ARTICLE XXIX ACCESSORY DWELLING UNITS (ADUs)
29.1. AUTHORITY: NH RSA 674:71-73, Accessory Dwelling Units and RSA 674:21, Innovative Land Use Controls.
29.2. PURPOSE: In accordance with NH RSA 674:21, to expand the mix of affordable housing opportunities throughout the Town by permitting the creation of secondary dwelling residences as an accessory use to existing single-family detached dwellings. Primary reasons for the permitting of ADU’s within the town are:
29.2.1. The Harrisville 2014 Master Plan specifically calls for improving the housing situation through measures that discourage further sprawl, increase housing density, and upgrade the existing housing stock.
29.2.2. There is a growing need for more diverse affordable housing opportunities.
29.2.3. Demographic trends are producing more households where adult children wish to give care and support to parents in a semi-independent living arrangement.
29.2.4. Elderly and disabled citizens are in need of independent living space for caregivers.
29.2.5. There are many important societal benefits associated with the creation of accessory dwelling residences, including:
29.2.5.1. Increasing the supply of affordable housing without the need of more infrastructure or further land development.
29.2.5.2. Benefits for aging homeowners, single parents, caregivers, disabled persons, and recent college graduates who are saddled with significant student loan debt.
29.2.5.3. Integrating affordable housing into the community with minimal negative impact.
29.2.5.4. Providing elderly citizens with the opportunity to live in a supportive family environment with both independence and dignity.
29.3. GENERAL PROVISIONS:
29.3.1. Accessory dwelling units (ADU’s) that are attached to the existing single family residence are allowed by right in all districts that permit single-family dwellings, except a conditional use permit from the Planning Board shall be required in high-density areas, i.e., village and lakeside districts.
29.3.2. The creation of an ADU in a barn, garage or outbuilding that is detached from the primary residence may be granted by a conditional use permit from the Planning Board.
29.3.3. The creation of these ADU’s shall maintain the visual and functional character of single-family residential neighborhoods.
29.3.4. CONDITIONAL USE PERMIT: The Planning Board may, in appropriate cases and subject to appropriate conditions and safeguards as determined by the Board, grant a conditional use permit. The Board, in acting on an application for a conditional use permit, shall take into consideration the following conditions and applicant shall demonstrate compliance with the following conditions:
29.3.4.1. The specific site is an appropriate location for such use.
29.3.4.2. The use as developed will not adversely affect the adjacent area.
29.3.4.3. There will be no nuisance or serious hazard to vehicles or pedestrians.
29.3.4.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
29.3.4.5. The proposed use shall comply with all the frontage, setbacks, minimum land area, sanitary protection, signs, and parking requirements for itself or its most similar use, except where specifically waived by the board, the reasons for such waiver to be set forth in writing by the board.
29.3.4.6. The proposed use shall maintain the visual and functional character, as well as aesthetic continuity, with the neighborhood.
29.4. DESIGNATION: One accessory dwelling unit shall be permitted only on parcels which meet the following conditions:
29.4.1. Is a legally created lot of record.
29.4.2. Contains one existing single-family detached dwelling which is a conforming use.
29.4.3. Contains no other accessory dwelling residence(s).
29.5. PROCEDURE: The creation of a new accessory dwelling unit shall require a building permit and an occupancy permit and meet the standards contained in the section below.
29.6. STANDARDS: New construction for an accessory dwelling unit shall comply with all the development standards for a single-family detached dwelling including, but not limited to setbacks, height limits, and lot coverage (for lots in the Shoreland Protection District) and shall not increase any nonconforming aspect of any existing structure unless otherwise addressed by this article. The following standards shall also apply:
29.6.1 The maximum size of and ADU shall not exceed 1000 square feet. The Planning Board may authorize variations from maximum size by conditional use permit for medical needs and/or disabilities, provided that the Planning Board determines the design incorporates Universal Design principles to allow the most usable space for everyone in the home.
29.6.2. Every accessory dwelling residence shall be deemed a residence of workforce housing for purpose of satisfying the municipality’s obligation under RSA 674:59.
29.6.3. Both the ADU and the primary residence shall comply with the state Building Code and Fire Code regulations for construction, minimum living space, fire exits and smoke alarms.
29.6.4. An interior door shall be provided between the principal dwelling unit and accessory dwelling unit. There is no requirement for said interior door to remain unlocked.
29.6.5. The architecture of the ADU shall be in keeping with that of the primary residence.
29.6.6. There shall be no exterior stairway on the front of the house leading to the ADU, although in special circumstances, the Planning Board could waive this restriction.
29.6.7. There shall be no more than two bedrooms in an ADU.
29.6.8. The applicant shall make adequate provisions for water supply and sewage disposal in accordance with NH RSA 485-A:38; however, separate utility provisions are not required by the Town.
29.6.9. Any additions to the ADU shall meet the requirements of this article.
29.6.10. An accessory dwelling unit which conforms to the standards in this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be considered a residential use which is consistent with the Master Plan and zoning designation for the lot.
29.7. ADDITIONAL REQUIREMENTS: Accessory Dwelling Units shall be subject to the following requirements:
29.7.1. Sale or ownership of such unit separate from the primary residence is prohibited.
29.7.2. The occupant of either the ADU or the primary residence shall be the owner of the entire property, except for bona fide absences.
29.7.3. NH DES requirements for septic loading shall be met.
PROPOSED REVISIONS OF EXISTING ARTICLES:
Purpose: to make the existing articles consistent in language with the Accessory Dwelling Unit, Article XXIX.
ARTICLE IV GENERAL PROVISIONS
Existing wording:
4.1.6. No more than one building used for dwelling purposes shall be erected or placed on a lot, unless such construction is part of a multiple-family development approved by the planning board or is a permitted accessory use in the district. No lot shall be occupied or used for more than one principal use. One or more detached accessory buildings may be located on the same lot as the principal building, provided that all other requirements are met.
Replace with:
4.1.6. No more than one building used for dwelling purposes shall be erected or placed on a lot, unless such construction is part of an accessory dwelling unit (ADU) as specified in the Article XXIX or a multiple-family development approved by the planning board or is a permitted accessory use in the district. No lot shall be occupied or used for more than one principal use. One or more detached accessory buildings may be located on the same lot as the principal building, provided that all other requirements are met.
ARTICLE VI RESIDENTIAL AND AGRICULTURAL DISTRICT
Existing wording:
6.1.4 No more than one single family dwelling shall be erected on a lot defined above.
Replace with:
6.1.4 No more than one single family dwelling and one accessory dwelling unit (ADU) shall be erected on a lot defined above.
6.1.4.1. Detached Accessory Dwelling Units are permitted by conditional use permit from the Planning Board.
ARTICLE VI RESIDENTIAL AND AGRICULTURAL DISTRICT
Existing wording:
6.3. Accessory apartments are permitted by special exception of the Board of Adjustment in the Residential-and-Agricultural district, provided the following conditions are met:
6.3.1. Only single family dwellings may accommodate an accessory apartment.
6.3.2. Only one accessory apartment per single family dwelling is permitted.
6.3.3. The property owner shall reside in either the primary residence or the accessory apartment except for bonafide absences.
6.3.4. The accessory apartment shall have a minimum floor area of 500 square feet and a maximum floor area of 800 square feet and the primary residence shall have a minimum floor area of 800 square feet.
6.3.5. The owner of the residence shall provide documentation to demonstrate that the existing septic system is capable of handling the increased usage, or else a state approved septic system will be installed.
6.3.6. Adequate provision shall be made for off-street parking.
6.3.7. All setback and other requirements for the district shall be observed.
6.3.8. The accessory use shall terminate if any of the above conditions are violated.
6.3.9. Accessory apartments of 800 square feet or less and attached to the primary dwelling shall not require a growth permit.
Replace with:
ARTICLE VI RESIDENTIAL AND AGRICULTURAL DISTRICT
6.3.1. Only single family dwellings may accommodate an attached ADU; one detached ADU may be permitted in an accessory building by conditional use permit from the Planning Board.
6.3.2. Only one ADU per single family dwelling is permitted.
6.3.3. The property owner shall reside in either the primary residence or the ADU except for bona fide absences.
6.3.4. ADU’s shall not exceed 1000 sq. ft. The Planning Board may authorize variations from maximum size by conditional use permit for medical needs and/or disabilities, provided that the Planning Board determines the design incorporates Universal Design principles to allow the most usable space for everyone in the home.
6.3.5. The owner of the residence shall provide documentation to demonstrate that the existing septic system is capable of handling the increased usage, or else a state approved septic system will be installed.
6.3.6. Adequate provision shall be made for off-street parking.
6.3.7. All setback and other requirements for the district shall be observed.
6.3.8. The accessory use shall terminate if any of the above conditions are violated.
ARTICLE VII COMMERCIAL DISTRICT
7.1. The commercial district shall enjoy the following provisions:
Existing wording:
7.1.1. It shall be a district of single family, duplex and multiple family residences, business enterprise, and activity or undertaking for profit. No other uses than those specified here shall be permitted.
Replace with:
7.1.1. It shall be a district of single family, accessory dwelling units (ADU’s) as specified in Article XXIX, duplex and multiple family residences, business enterprise, and activity or undertaking for profit. No other uses than those specified here shall be permitted.
ARTICLE IX LAKESIDE RESIDENTIAL DISTRICT
Existing wording:
9.1.3. Only single family residences occupied by one family shall be permitted.
Replace with:
9.1.3. Only single family residences and Accessory Dwelling Units granted conditional use permit by the Planning Board shall be permitted See Article XXIX.
ARTICLE X VILLAGE RESIDENTIAL DISTRICT
10.1. The village residential district shall enjoy the following provisions:
Existing wording:
10.1.1. It shall be a district of single family, duplex and multiple family residences. No other uses other than those specified here shall be permitted.
Replace with:
10.1.1. It shall be a district of single family, duplex and multiple family residences. Accessory Dwelling Units granted conditional use permit by the Planning Board shall be permitted See Article XXIX. No other uses other than those specified here shall be permitted.
ARTICLE XVIII PARKING STANDARDS.
Existing wording:
18.1.2. Accessory apartments. 1 space per apartment.
Replace with:
18.1.2. Accessory dwelling units (ADU’s). 1 space per unit.
ARTICLE XXVI DEFINITIONS
Existing wording:
ACCESSORY APARTMENT: An independent living unit subordinate to a single family dwelling and under the same ownership as the primary residence. The apartment may be attached to the primary residence or located in an accessory building on the property. Kitchen facilities may be either shared or separate.
Replace with:
ACCESSORY DWELLING UNIT (ADU): A residential living unit that is within or attached to a single-family dwelling or located in an accessory building on the property and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.
RENTAL OCCUPANCY: Non-ownership occupancy including long-term lease occupancy.