ACCESSORY DWELLING UNITS IN NEW HAMPSHIRE A Guide for Municipalities

Transcription

1 ATTIC ADDITION OVER GARAGE SECOND FLOOR DETACHED BASEMENT ACCESSORY DWELLING UNITS IN NEW HAMPSHIRE A Guide for Muicipalities

2 New Hampshire Housig Fiace Authority Board of Directors Stephe W. Esig, New Lodo Chair Amy L. Lockwood, Deerfield Vice Chair Kedall Buck, Wilmot Joh A. Cuddy, North Coway Paulie Ikawa, Machester Coie Boyles Lae, Cocord Mary Beth Rudolph, Dover Stephaye Schuyler, Portsmouth Doald L. Shumway, Hopkito Dea J. Christo, Executive Director ACCESSORY DWELLING UNITS IN NEW HAMPSHIRE: A GUIDE FOR MUNICIPALITIES New Hampshire Housig Fiace Authority December 2017 Writte ad edited by Bejami D. Frost, Esq., AICP Director of Legal ad Public Affairs bfrost@hhfa.org New Hampshire Housig Fiace Authority Prepared with the assistace of ADG, LLC NEW HAMPSHIRE HOUSING FINANCE AUTHORITY P.O. Box 5087 Machester, NH NHHFA.org

3 TABLE OF CONTENTS New Hampshire Accessory Dwellig Uits Law page 4 RSA 674:71-73 INTRODUCTION page 6 ADUs: Expadig Housig Opportuities i New Hampshire Commuities PART 1 page 8 Uderstadig New Hampshire s Accessory Dwellig Uits Law 1.0 New Hampshire Accessory Dwellig Uits Law Explaier Table 1.1 What is a ADU? 1.2 How ADUs Beefit Homeowers 1.3 Fiacial Impact of ADUs o Commuities 1.4 ADU Techical ad Legal Cosideratios Model ordiaces Zoig ordiaces ad compliace with the ADU law Bledig ADUs ito the character of a eighborhood State ad muicipal codes ad stadards Differeces betwee a house with a ADU ad a two-family house Who may live i a ADU PART 2 page 16 Implemetig the ADU Law 2.0 Requiremets for Muicipalities 2.1 Optios for Muicipalities: Buildig Your Ow Ordiace 2.2 Addig to Your Zoig Ordiace 2.3 Commuity Acceptace ad Approval PART 3 page 23 ADU-Related Resources 3.0 Frequetly Asked Questios about ADUs 3.1 Lear More about ADUs 3.2 Appedices - Examples of New Hampshire tow ad city ADU ordiaces Tow of Hebro Ordiace Tow of Hollis Ordiace Tow of Lododerry Ordiace City of Portsmouth Ordiace City of Portsmouth ADU Permit Applicatio Tow of Warer Ordiace New Hampshire Housig 3

4 RSA 674:71-73 ACCESSORY DWELLING UNITS LAW TITLE LXIV - PLANNING AND ZONING CHAPTER LOCAL LAND USE PLANNING AND REGULATORY POWERS Accessory Dwellig Uits effective Jue 1, 2017 Sectio 674:71 Defiitio As used i this subdivisio, accessory dwellig uit meas a residetial livig uit that is withi or attached to a sigle -family dwellig, ad that provides idepedet livig facilities for oe or more persos, icludig provisios for sleepig, eatig, cookig, ad saitatio o the same parcel of lad as the pricipal dwellig uit it accompaies. Sectio 674:72 Accessory Dwellig Uits I. A muicipality that adopts a zoig ordiace pursuat to the authority grated i this chapter shall allow accessory dwellig uits as a matter of right or by either coditioal use permit pursuat to RSA 674:21 or by special exceptio, i all zoig districts that permit sigle-family dwelligs. Oe accessory dwellig uit shall be allowed without additioal requiremets for lot size, frotage, space limitatios, or other cotrols beyod what would be required for a sigle -family dwellig without a accessory dwellig uit. The muicipality is ot required to allow more tha oe accessory dwellig uit for ay sigle -family dwellig. The muicipality may prohibit accessory dwellig uits associated with multiple sigle-family dwelligs attached to each other such as towhouses, ad with maufactured housig as defied i RSA 674:31. Subsequet codomiium coveyace of ay accessory dwellig uit separate from that of the pricipal dwellig uit shall be prohibited, otwithstadig the provisios of RSA 356-B:5, uless allowed by the muicipality. II. III. IV. If a zoig ordiace cotais o provisios pertaiig to accessory dwellig uits, the oe accessory dwellig uit shall be deemed a permitted accessory use, as a matter of right, to ay sigle -family dwellig i the muicipality, ad o muicipal permits or coditios shall be required other tha a buildig permit, if ecessary. A iterior door shall be provided betwee the pricipal dwellig uit ad the accessory dwellig uit, but a muicipality shall ot require that it remai ulocked. Ay muicipal regulatio applicable to sigle- family dwelligs shall also apply to the combiatio of a pricipal dwellig uit ad a accessory dwellig uit icludig, but ot limited to lot coverage stadards ad stadards for maximum occupacy per bedroom cosistet with policy adopted by the Uited States Departmet of Housig ad Urba Developmet. A muicipality may require adequate parkig to accommodate a accessory dwellig uit. 4 New Hampshire Housig

5 RSA 674:71-73 ACCESSORY DWELLING UNITS LAW (cot d) V. The applicat for a permit to costruct a accessory dwellig uit shall make adequate provisios for water supply ad sewage disposal for the accessory dwellig uit i accordace with RSA 485 -A:38, but separate systems shall ot be required for the pricipal ad accessory dwellig uits. I order to comply with this paragraph ad prior to costructig a accessory dwellig uit, a applicatio for approval for a sewage disposal system shall be submitted i accordace with RSA 485-A as applicable. The approved sewage disposal system shall be istalled if the existig system has ot received costructio approval ad approval to operate uder curret rules or predecessor rules, or the system fails or otherwise eeds to be repaired or replaced. VI. A muicipality may require ower occupacy of oe of the dwellig uits, but it shall ot specify which uit the ower must occupy. A muicipality may require that the ower demostrate that oe of the uits is his or her pricipal place of residece, ad the muicipality may establish reasoable regulatios to eforce such a requiremet. VII. A muicipality may establish stadards for accessory dwellig uits for the purpose of maitaiig the aesthetic cotiuity with the pricipal dwellig uit as a sigle -family dwellig. A muicipality may also establish miimum ad maximum sizes for a accessory dwellig uit, provided that size may ot be restricted to less tha 750 square feet. VIII. A muicipality may ot require a familial relatioship betwee the occupats of a accessory dwellig uit ad the occupats of a pricipal dwellig uit. IX. A muicipality may ot limit a accessory dwellig uit to oly oe bedroom. X. A accessory dwellig uit may be deemed a uit of workforce housig for purposes of satisfyig the muicipality s obligatio uder RSA 674:59 if the uit meets the criteria i RSA 674:58, IV for retal uits. Sectio 674:73 Detached Accessory Dwellig Uits A muicipality is ot required to but may permit detached accessory dwellig uits. Detached accessory dwellig uits shall comply with the requiremets of, ad ay muicipal ordiaces or regulatios adopted pursuat to, RSA 674:72, IV through IX. If a muicipality allows detached accessory dwellig uits, it may require a icreased lot size. Statute text icludes amedmets adopted by the Legislature i New Hampshire Housig 5

6 INTRODUCTION Accessory Dwellig Uits: Expadig Housig Opportuities i New Hampshire Commuities With a limited supply of affordable apartmets ad houses i New Hampshire to meet the eeds of a growig ecoomy ad chagig demographics, accessory dwellig uits (ADUs) are a importat compoet of expadig the availability of housig i the state. The New Hampshire Accessory Dwellig Uits statute (RSA 674:71-73) became law o Jue 1, As expressed by the Legislature, the itet of the law is to expad the supply of housig i New Hampshire commuities without further lad developmet, as well as to ecourage efficiet use of existig housig stock ad ifrastructure, ad provide a affordable housig optio i commuities. Accessory dwellig uits are residetial livig uits attached to or associated with a sigle-family dwellig, providig idepedet livig facilities for oe or more persos (e.g., a apartmet over a garage, i a basemet, i a outbuildig). Uder the law, homeowers statewide ow have the right to create a ADU for a family member, caregiver, or as a retal uit, i accordace with local ordiaces. As demographics, commutig patters, ad ecoomics chage, so do people s eeds ad desires for housig optios. Recet studies demostrate that milleials ad baby boomers alike icreasigly are lookig for housig that reflects a more compact, urba settig. The New Hampshire Legislature recogized this tred, as idicated i the preamble to the ADU law: There is a growig eed for more diverse affordable housig opportuities for the citizes of New Hampshire Demographic treds are producig more households where adult childre wish to give care ad support to parets i a semi-idepedet livig arragemet Elderly ad disabled citizes are i eed of idepedet livig space for caregivers Also, there are societal beefits associated with the creatio of accessory dwellig uits. ADUs ca: Icrease the supply of affordable housig without the eed for more ifrastructure or further lad developmet Beefit agig homeowers, sigle parets, recet college graduates (who ca be saddled with heavy studet loa debt), caregivers, ad disabled persos Itegrate affordable housig ito the commuity with miimal egative impact Provide elderly citizes with the opportuity to live i a supportive family eviromet 6 New Hampshire Housig

7 ADUS AND YOUR MUNICIPALITY The ADU law was iitiated by the New Hampshire Home Builders Associatio. It heard from its members that they were havig difficulty meetig cliet requests to costruct ADUs i may commuities because of local zoig restrictios. Whe the bill was itroduced i 2015, a large coalitio that icluded real estate professioals, AARP, disability rights advocates, youg professioals, ad housig advocates expressed a desire for greater flexibility i housig optios which ADUs offer. All New Hampshire muicipalities are ow faced with a choice: either pro-actively address the law s requiremets ad utilize its flexibility, or let the law override ay coflictig local zoig provisios. We ecourage you to be proactive ad do at least two thigs: Utilize this guide ad other iformatio about ADUs, such as that provided by the New Hampshire Office of Strategic Iitiatives ad the New Hampshire Muicipal Associatio. Pla for the uique eeds of your commuity. Kow what you would like your regulatios to achieve, i light of the ADU law s requiremets ad optios. Workig with public officials ad parter orgaizatios, New Hampshire Housig provided techical assistace as the state s ew ADU law was developed, ad cotiues to provide support to commuities as they implemet this law. While muicipalities are ot required to report ADU ad workforce housig permits to the New Hampshire Office of Strategic Iitiatives, NHOSI aually collects buildig permit ad lad use regulatio iformatio from the state s cities ad tows. Muicipalities are strogly urged to submit iformatio about permits to create ADUs to the NHOSI i order to more thoroughly documet New Hampshire s housig market ad log-term affordability. This ADU guide for muicipalities, alog with a ew ADU guide for homeowers that will be available i fall 2018, is part of the service ad outreach provided by New Hampshire Housig to support the ogoig developmet of affordable housig i the state. Dea J. Christo Executive Director New Hampshire Housig Fiace Authority A house i Hollis, NH, with a ADU costructed to the left of the frot door. New Hampshire Housig 7

8 PART I Uderstadig New Hampshire s Accessory Dwellig Uits Law Idividual ad family eeds, alog with traditioal otios of homeowership, are evolvig. The milleial geeratio (ow i their 20s ad 30s) has surpassed the baby boomers (at or earig retiremet age) to become the largest geeratioal group i America. This creates ew housig challeges for our commuities. As the largest group of potetial homeowers, milleials may face studet debt burdes ad more striget credit requiremets that hider their ability to purchase a home. At the same time, boomers may have difficulty stayig i their homes ad commuities agig i place due to risig owership costs, fixed icomes, home maiteace, ad age-related physical limitatios. While there are may differet ways to tackle this problem, oe of the simplest ivolves local lad use regulatios. May commuities have revised their zoig ordiaces to allow accessory dwellig uits. Sometimes called i-law apartmets, ADUs foster eighborhood diversity, icrease the supply of workforce housig, ad provide homeowers with additioal icome. Certai groups i New Hampshire commuities may especially beefit from the ADU law, such as empty esters ad retirees, youg professioals, employers, ad sigle parets. EMPTY NESTERS AND RETIREES Almost three-quarters of the homes i America are owed by people 45 years or older. I may cases, these people are discoverig that their home has outgrow their eeds, ad they have a lot of uused space. Some homeowers will choose to dowsize ad move, while others prefer to stay coected to the commuities where they ve lived for may years. The familiarity of the physical settig ad the social etworks they ve developed are the thigs that make them wat to age i place. ADUs ca allow homeowers to covert ueeded persoal space for a uit i which a caregiver ca live ad help with persoal care ad household work. These arragemets might eable older homeowers to stay i their homes loger ad maitai a idepedet lifestyle for may years. Architectural drawig for a additio that will become a ADU. 8 New Hampshire Housig

9 Or, by remodelig ad creatig a ADU, they ca covert uused livig space ito a ret-producig uit, provide idepedet livig space for themselves, or for a relative. YOUNG PROFESSIONALS For recet college graduates, fidig a affordable place to live oce they ve foud a job ca be dautig. May youg workers move back to their parets homes or may settle for a less desirable job due to locatio ad housig affordability cocers. A eve greater challege for youg adults is the ability to become a homeower. The media age of first-time homebuyers atioally is 32 years, the highest it s ever bee. Part of milleials delay i purchasig a home is based o a choice to form families later i life; part of it is ecoomic circumstaces that make savig for a dowpaymet difficult. Retig a ADU could be a housig optio for some youg adults. While ADU rets may be similar to those of uits i apartmet complexes, teats may be able to egotiate terms, such as agreeig to do property maiteace (like shovelig sow or mowig the law) i exchage for a lower ret. ADUs are ofte located i safe, established eighborhoods, close to stores ad ameities such as public trasportatio. ADU reters ca live ad work i the same tow, eablig them to become part of the commuity ad to develop their ow social etworks faster. ADUs ca also be a satisfactory arragemet where the homeower ad a relative wish to have both proximity ad privacy. EMPLOYERS ADUs ot oly beefit owers ad reters but also local employers. Fidig employees ad housig for them has become a serious challege i New Hampshire s housig market. This is especially true i established commuities that have a shortage of affordable retal uits. If employees caot fid affordable places to live, compaies may be compelled to relocate, hiderig ecoomic developmet i the area. A healthy retal market, complete with a ready supply of ADUs, ca provide the opportuity for youg workers to move ito a commuity where busiesses are established or growig, ad help satisfy the eed for affordable housig for employees. SINGLE PARENTS Out of all families with childre i New Hampshire, almost 21% are headed by sigle wome. The average icome of sigle mothers is about oe-third of those of married couple families, ad about two-thirds of sigle fathers. This icome gap idicates sigle mothers are at a sigificat disadvatage i their ability to afford homeowership or eve a decet apartmet. ADUs may provide a opportuity for sigle mothers to fid affordable housig for their families i good commuities. Additioally, if they purchase a home with a ADU, the retal icome could help them qualify for a mortgage. New Hampshire Housig 9

10 1.0 New Hampshire Accessory Dwellig Uits Law Explaier Table Sectio of Law Explaatio 674:71 Defiitio As used i this subdivisio, accessory dwellig uit meas a residetial livig uit that is withi or attached to a sigle -family dwellig, ad that provides idepedet livig facilities for oe or more persos, icludig provisios for sleepig, eatig, cookig, ad saitatio o the same parcel of lad as the pricipal dwellig uit it accompaies. The four defiig elemets provisios for sleepig, eatig, cookig, ad saitatio must be allowed by the muicipality for the uit to costitute a ADU. This may all be doe i a relatively small space, such as a studio apartmet or tiy home, or it may be i a larger uit with multiple rooms. 674:72 Accessory Dwellig Uits I. A muicipality that adopts a zoig ordiace pursuat to the authority grated i this chapter shall allow accessory dwellig uits as a matter of right or by either coditioal use permit pursuat to RSA 674:21 or by special exceptio, i all zoig districts that permit sigle-family dwelligs. Oe accessory dwellig uit shall be allowed without additioal requiremets for lot size, frotage, space limitatios, or other cotrols beyod what would be required for a sigle-family dwellig without a accessory dwellig uit. The muicipality is ot required to allow more tha oe accessory dwellig uit for ay sigle-family dwellig. The muicipality may prohibit accessory dwellig uits associated with multiple sigle-family dwelligs attached to each other such as towhouses, ad with maufactured housig as defied i RSA 674:31. Subsequet codomiium coveyace of ay accessory dwellig uit separate from that of the pricipal dwellig uit shall be prohibited, otwithstadig the provisios of RSA 356-B:5, uless allowed by the muicipality. II. If a zoig ordiace cotais o provisios pertaiig to accessory dwellig uits, the oe accessory dwellig uit shall be deemed a permitted accessory use, as a matter of right, to ay sigle- family dwellig i the muicipality, ad o muicipal permits or coditios shall be required other tha a buildig permit, if ecessary. III. A iterior door shall be provided betwee the pricipal dwellig uit ad the accessory dwellig uit, but a muicipality shall ot require that it remai ulocked. The muicipality eeds to choose how it will allow ADUs: by right (geerally requirig oly a buildig permit), by special exceptio (board of adjustmet), or by coditioal use permit (ofte the plaig board, but other officials ca be ivolved; see RSA 674:21, II). The muicipality must allow at least oe attached ADU wherever sigle-family resideces are also allowed by zoig. Regardless of how ADUs are allowed, the muicipality caot impose greater dimesioal stadards o homes with ADUs tha it does for homes without ADUs. Muicipalities may restrict ADUs from beig built with maufactured housig or towhouse-style uits. ADUs may ot be sold as codomiiums uless the muicipality explicitly allows it; such sales may be allowed either through zoig or subdivisio regulatios. If a muicipality s zoig ordiace is silet o the topic of ADUs, the muicipality must allow at least oe attached ADU i ay sigle-family home. The requiremet for a iterior door oly applies to attached ADUs. This requiremet may suggest that there must be a commo wall betwee the uits, but local iterpretatio could allow ADUs above attached garages where there might be more tha oe iterveig door betwee the ADU ad the mai house. 10 New Hampshire Housig

11 1.0 New Hampshire Accessory Dwellig Uits Law Explaier Table Sectio of Law IV. Ay muicipal regulatio applicable to sigle -family dwelligs shall also apply to the combiatio of a pricipal dwellig uit ad a accessory dwellig uit icludig, but ot limited to lot coverage stadards ad stadards for maximum occupacy per bedroom cosistet with policy adopted by the Uited States Departmet of Housig ad Urba Developmet. A muicipality may require adequate parkig to accommodate a accessory dwellig uit. Explaatio There ca be o additioal dimesioal requiremets for a ADU. Referece to HUD occupacy stadards meas that a muicipality ca limit per-bedroom occupacy i ADUs oly if it is also doig so i sigle-family homes. Check with legal cousel about limitatios before tryig this. A muicipality ca require off-street parkig or some other demostratio of parkig adequacy for a ADU. V. The applicat for a permit to costruct a accessory dwellig uit shall make adequate provisios for water supply ad sewage disposal for the accessory dwellig uit i accordace with RSA 485-A:38, but separate systems shall ot be required for the pricipal ad accessory dwellig uits. I order to comply with this paragraph ad prior to costructig a accessory dwellig uit, a applicatio for approval for a sewage disposal system shall be submitted i accordace with RSA 485-A as applicable. The approved sewage disposal system shall be istalled if the existig system has ot received costructio approval ad approval to operate uder curret rules or predecessor rules, or the system fails or otherwise eeds to be repaired or replaced. The property ower must demostrate the adequacy of water supply ad saitary disposal. The muicipality caot require water or saitary disposal systems for the ADU that are separate from those of the pricipal dwellig. The ower may be required to have a ew septic system desiged ad approved if the existig system does ot meet NH Departmet of Evirometal Services stadards for the house icludig the additio of the ADU. This may be true eve if the overall umber of bedrooms usig the system is uchaged by the ADU s costructio. A ew septic system does ot eed to be built uless the existig system is ulicesed or has failed. VI. A muicipality may require ower occupacy of oe of the dwellig uits, but it shall ot specify which uit the ower must occupy. A muicipality may require that the ower demostrate that oe of the uits is his or her pricipal place of residece, ad the muicipality may establish reasoable regulatios to eforce such a requiremet. VII. A muicipality may establish stadards for accessory dwellig uits for the purpose of maitaiig the aesthetic cotiuity with the pricipal dwellig uit as a sigle- family dwellig. A muicipality may also establish miimum ad maximum sizes for a accessory dwellig uit, provided that size may ot be restricted to less tha 750 square feet. The muicipality may require ower occupacy of oe of the uits; if it does this, the muicipality should cosider what it meas by ower : does the ower eed to be a physical perso, or ca it be (1) a member of a LLC that ows the property; (2) a beeficiary of a revocable trust that ows the property; or (3) a perso with a iterest i aother legal etity (e.g., partership or corporatio) that ows the property. Residecy of the ower may also be required, ad could be demostrated through voter registratio, automobile registratio, or similar idicators of domicile. Stadards to perpetuate the look ad feel of a sigle-family home may be required by the muicipality, ad this may best be doe through a permit by special exceptio or coditioal use permit. ADU miimum ad maximum size may be specified, but the muicipality caot require ADUs to be smaller tha 750 s.f. The ower, however, may build a uit smaller tha that, subject to local ADU uit size miimum, if ay. New Hampshire Housig 11

12 1.0 New Hampshire Accessory Dwellig Uits Law Explaier Table Sectio of Law Explaatio VIII. A muicipality may ot require a familial relatioship betwee the occupats of a accessory dwellig uit ad the occupats of a pricipal dwellig uit. Despite the colloquial ame i-law apartmet, a muicipality may ot limit ADU occupacy to family members of the owers of the mai dwellig. IX. A muicipality may ot limit a accessory dwellig uit to oly oe bedroom. A muicipality may limit a ADU to two bedrooms, but ot to oe. X. A accessory dwellig uit may be deemed a uit of workforce housig for purposes of satisfyig the muicipality s obligatio uder RSA 674:59 if the uit meets the criteria i RSA 674:58, IV for retal uits. This sectio oly meas that if a ADU meets the retal price stadards of the Workforce Housig Law, the the muicipality may cout the uit as part of its fair share calculatio. 674:73 Detached Accessory Dwellig Uits A muicipality is ot required to but may permit detached accessory dwellig uits. Detached accessory dwellig uits shall comply with the requiremets of, ad ay muicipal ordiaces or regulatios adopted pursuat to, RSA 674:72, IV through IX. If a muicipality allows detached accessory dwellig uits, it may require a icreased lot size. Statute text icludes amedmets adopted by the Legislature i The referece to workforce housig does ot cofer upo a muicipality the authority to impose affordability restrictios o the ADU. A muicipality may choose to allow detached ADUs wherever attached ADUs are allowed, i a more limited geographical area, or ot at all. Oly regardig detached ADUs may a muicipality require a icreased lot size, but it is ot ecessary to do so. Perhaps more importat for a muicipality to cosider is a proximity requiremet, so that the detached ADU is somehow physically associated with the mai home, istead of beig i a remote locatio o the lot. Explaatio colum writte by Bejami D. Frost, Esq., AICP New Hampshire Housig Fiace Authority A ADU is see attached to the left side of this home i Hollis, NH. 12 New Hampshire Housig

13 1.1 What is a ADU? A ADU is a additioal dwellig uit that is secodary to the primary uit. It is ot a equal or duplicate uit, which would result i the creatio of a duplex. A ADU may be a iterior part of a existig buildig, a attached extesio of a existig buildig, a coversio of a out-buildig (such as a garage, bar, or shed), built as part of a ew sigle-family home, or as a ew detached buildig. RSA 674:71 defies a ADU as: a residetial livig uit that is withi or attached to a sigle-family dwellig, ad that provides idepedet livig facilities for oe or more persos, icludig provisios for sleepig, eatig, cookig, ad saitatio o the same parcel of lad as the pricipal dwellig uit it accompaies. Refer to pages 4-5 for the full RSA 674:71-73 text. The state statute oly requires muicipalities to allow attached ADUs; it is up to local officials as to whether to allow detached ADUs. 1.2 How ADUs Beefit Homeowers First-time ad post-retiremet homeowership ca be challegig. A ADU ca help offset the fiacial pressures associated with homeowership for a youg family just startig out, ad for homeowers i their retiremet years. For example, cosider a youg couple who has saved for a dowpaymet o their first home, but the mortgage will strai their fiaces. I phase 1, they purchase the home ad fiace the creatio of a ADU. By retig it to a local teacher, the icome makes their mortgage paymets affordable. Several years later, this family has grow ad eeds the additioal space of the ADU. Their salaries have icreased ad the mortgage is maageable without the ADU retal icome. They eter phase 2 ad covert the ADU ito family livig space. Fast-forward 20 years. The kids have grow ad the homeowers have retired, ad they o loger eed a spacious house. Eterig phase 3, they covert the additio back ito a ADU ad move ito it. By retig the mai house out, they supplemet their retiremet icome. 1.3 Fiacial Impact of ADUs o Commuities ADUs ca aid ecoomic developmet by helpig to attract ad retai a workforce. ADUs ca help reduce demad o healthcare facilities by providig livig space for caregivers to look after elderly homeowers who otherwise would have to leave their homes. ADUs ca icrease property values, ad thus add to the tax base. By allowig ADUs by Coditioal Use Permit or by Special Exceptio, a muicipality will eed to pla for staff time to review ad act o applicatios. If a muicipality requires ower-occupacy, it will eed to provide a defiitio, methods ad stadards i order to certify ad eforce this requiremet. New Hampshire Housig 13

14 1.4 ADU Techical ad Legal Cosideratios Model Ordiaces Both the New Hampshire Muicipal Associatio ad the Rockigham Plaig Commissio have created simple model zoig provisios for ADUs, but either icludes full cosideratio of the optios available for muicipal adoptio, such as aesthetic cotiuity (desig stadards that will maitai the look ad feel of a sigle-family home). Refer to Part Examples of ordiaces from New Hampshire muicipalities Zoig ordiaces ad compliace with the ADU law Your plaig board should coduct a review of your ordiace ad determie how it does ad does ot comply with the stadards of the law. Based o that assessmet, it should propose amedmets to the ordiace. If your zoig ordiace does ot comply with the ADU statute, the ADU law supersedes it. If your zoig ordiace is silet o the subject of ADUs, a attached ADU must be allowed i ay sigle-family home. The muicipality ca eact differet ADU stadards i differet zoig districts ad eighborhoods as it deems appropriate. For example, ADUs might be allowed by right i rural areas where eighborhood impact is ulikely, but by special exceptio i more desely built areas ad i historic districts, where the eighborhood impact of a ADU might be of greater cocer. Refer to Part Craftig ADU Provisios for Your Zoig Ordiace. If you address ADUs i your zoig ordiace, you have a variety of choices. First, commuities may allow ADUs through differet zoig mechaisms. They may be allowed: By right as a permitted use without additioal requiremets, By coditioal use permit (usually the plaig board), or By special exceptio (zoig board of adjustmet). I additio, the ADU law gives muicipalities discretio to decide: Whether to limit the umber of ADUs per lot What parkig stadards should apply to ADUs, if ay Whether to allow detached ADUs, ad if allowed, whether to require additioal lot size for them Whether to require ower occupacy of properties cotaiig ADUs, ad to determie methods ad stadards for verificatio ad eforcemet The miimum ad maximum ADU sizes, except there caot be a requiremet that a ADU be less tha 750 square feet Whether to impose desig stadards o ADUs to maitai the appearace of a sigle-family house Whether to limit the umber of bedrooms i a ADU to o more tha two 14 New Hampshire Housig

15 1.4.3 Bledig ADUs ito the character of a eighborhood You may set eighborhood compatibility stadards for ADUs, ad set them differetly for differet zoig districts. Examples iclude: Beig subsidiary to the pricipal dwellig uit i size ad fuctio Beig cosistet with the pricipal dwellig i appearace, desig, colors, ad materials Not havig its etry face the street as a secod frot door Requirig a sigle driveway for use by both uits Requirig that ay secod-floor egress from a ADU should ot be visible from the public way State ad muicipal codes ad stadards As with ay other ew costructio or residetial occupacy, ADUs must comply with health, buildig, mechaical, safety, evirometal, accessibility, emergecy respose, ad similar codes ad requiremets for sigle-family residetial housig Differeces betwee a house with a ADU ad a two-family house Some zoig districts allow two-family homes. This is ot the same as a sigle-family home with a ADU. A two-family home might ot have a coectig iterior door betwee the uits, whereas a ADU must have oe. Also, a two-family home commoly will have uits of roughly equal size, whereas a ADU must be smaller tha (accessory, meaig secodary or subserviet to) the pricipal dwellig Who may live i a ADU How may people may live i a ADU? The ADU law does ot specify limits o the umber of occupats i a ADU ad does ot prevet muicipalities from doig so. However, the muicipal occupacy stadards must comply with federal law. Refer to Part HUD Bedroom Occupacy Stadards. Occupacy guidelies established by the U.S. Departmet of Housig ad Urba Developmet suggest that while a muicipality may geerally limit occupacy to two people per bedroom, whether such a limitatio is appropriate will deped o the circumstaces (such as family compositio or the size of a room). Must the ower reside o the property? Not ecessarily, but the muicipality may require ower occupacy of oe of the uits. It may require that the ower occupy a uit as his/her pricipal dwellig geerally meaig that the ower will live i the uit for a majority of the year. Must the homeower reside i the pricipal dwellig uit? No. Although the ADU law allows muicipalities to require ower occupacy, the muicipality caot specify i which uit the ower must live. Must the occupats of the pricipal uit ad the ADU be related to oe aother? No. The ADU law prohibits muicipalities from requirig a familial relatioship betwee the occupats of the uits. New Hampshire Housig 15

16 PART 2 Implemetig the ADU Law The ADU law (refer to pages 4-5 for the full text of RSA 674:71-73) requires that every muicipality that adopts a zoig ordiace pursuat to the authority grated i RSA Chapter 674 shall also allow accessory dwellig uits (ADUs) as a matter of right or by either coditioal use permit pursuat to RSA 674:21 or by special exceptio, i all zoig districts that permit sigle-family dwelligs. The ADU legislatio adds three ew sectios to state statute: 674:71 Defiitio of Accessory Dwellig Uits 674:72 Accessory Dwellig Uits 674:73 Detached Accessory Dwellig Uits It is importat to recogize that the word accessory has a specific legal meaig i the cotext of zoig ordiaces. Through a variety of cases, the New Hampshire Supreme Court has stated that accessory uses are those that are customarily associated with ad are secodary to the primary use of the property, such as a garage o the same lot as a house. Here, the legislature has elimiated the eed to iquire whether ADUs are customarily associated with a sigle-family home, but has left it geerally ope for muicipalities to decide how to determie whether a ADU is secodary to the sigle-family home. I most cases, this would be doe by comparig the relative sizes of the housig uits. For example, if a house has 2,000 sq. ft. of livig space, a associated ADU of 1,000 sq. ft. probably could be cosidered accessory. ADUs Exist i a Wide Variety of Forms ad Types: Withi the existig footprit of a house As a additio to a house I a detached structure, such as a garage, bar, or carriage house As a group of small structures cotaiig ADUs 2.0 Requiremets for Muicipalities The basic requiremet of the ADU law is simple: through its zoig ordiace, your muicipality must allow at least oe ADU for ay sigle-family home i a district i which sigle-family homes are a permitted use. If your zoig ordiace does t address ADUs, the law still applies ad your commuity must allow a ADU i ay sigle-family home, regardless of zoig restrictios. If your zoig ordiace has provisios that are ot compatible with the ADU law, the they will be ueforceable. 16 New Hampshire Housig

17 These are some examples of zoig provisios that are ocoformig ad ueforceable: Not permittig ADUs i all zoig districts i which sigle-family dwelligs are allowed Allowig a attached ADU oly with additioal requiremets or stadards for lot size, frotage, height ad setback or other dimesioal cotrols, space limitatios, lot coverage, maximum occupacy per bedroom, or other cotrols beyod what would be required for a sigle-family dwellig without a ADU Coutig a ADU as a separate dwellig for purposes of computig lad use desity Prohibitig a iterior door betwee the pricipal dwellig uit ad the ADU Requirig that a iterior door remais ulocked Requirig separate water ad septic systems for the pricipal ad accessory dwellig uits Specifyig which uit the ower must occupy, if ower occupacy is required Requirig a familial relatioship betwee the occupats of a ADU ad the occupats of a pricipal dwellig uit Requirig a ADU to be smaller tha 750 sq. ft. Limitig a ADU to oly oe bedroom Requirig a ADU to meet workforce housig stadards, such as ret restrictios, log-term affordability requiremets, ad icome targetig of teats This property i Hollis has a ADU separate from the mai house. New Hampshire Housig 17

18 2.1 Optios for Muicipalities: Buildig Your Ow Ordiace The ADU law gives muicipalities cosiderable discretio to adopt zoig stadards. The sample laguage i this sectio ca be adapted to fit your ow ordiace. Defiig a ADU. I additio to providig a defiitio of ADUs, the law also requires a iterior door coectig the two dwellig uits. How the ADU is deemed to be attached to the pricipal dwellig uit is a matter of local discretio. Some commuities might require a commo wall betwee the uits, while others might require coectio through heated space. Example: A Accessory Dwellig Uit shall cotai fully self-sufficiet livig quarters, cosistig of adequate sleepig, bathig, cookig, ad eatig accommodatios, ad shall be coected to the pricipal dwellig through a iterior door. Stadards may vary by zoig districts. While a attached ADU must be allowed i ay zoig district that permits sigle-family homes, there is flexibility i how this might be achieved. For example, your commuity could allow attached ad detached ADUs by right i outlyig, rural districts, but oly allow attached ADUs by right i village districts; i thickly settled areas you could require a special exceptio with architectural stadards as a coditio of approval. Some other factors that could be varied by zoig district iclude: Form of approval: by right, coditioal use permit, or special exceptio How may ADUs per house lot If a ADU is required to be ower-occupied Septic System Requiremets. Property owers who wat to create a ADU must demostrate the adequacy of their septic system. Eve if the umber of bedrooms remais the same (for example, chagig a four-bedroom home to a three-bedroom home with a oe-bedroom ADU), stadards of the N.H. Departmet of Evirometal Services (NHDES) assume that there will be icreased discharge ito the septic system from the creatio of the ADU. A 2017 amedmet to the ADU law states that a ew septic desig may be required i such situatios, but costructio of a ew system caot be required uless the existig system has failed or was ever approved by DES. Example: Adequate water supply ad sewage disposal for a Accessory Dwellig Uit shall be provided i accordace with RSA 485-A:38. If the existig septic system does ot have a NHDES permit or is i a state of failure, replacemet will be required; otherwise, a ew approved desig may be required if the establishmet of the Accessory Dwellig Uit would icrease system load beyod its desig capacity. 18 New Hampshire Housig

19 2.2 Addig to Your Zoig Ordiace ADU Appearace Stadards - Architecture. The ADU law says that muicipalities ca adopt stadards that required aesthetic cotiuity betwee the primary dwellig uit ad the ADU. This ca apply both to attached ad detached ADUs. Size, scale, ad exteral appearace are sigificat factors that affect how a ADU will fit ito a eighborhood. Your ordiace ca require ADUs to be cosistet with the pricipal buildig i appearace, desig, colors, materials, feestratio, door locatio or umber of apparet frot doors, massig, height, decoratio, ad other visible sigle-family house characteristics. Examples: The ADU shall be secodary i size ad fuctio to the pricipal dwellig ad be cosistet with the pricipal dwellig i appearace, desig, colors, ad materials. Exterior etry to the accessory dwellig shall ot face the street as a secod door or shall be set back from the frot of the buildig. Parkig ad Driveways. Your ordiace may require adequate parkig for a accessory dwellig uit. The umber ad locatio of parkig spaces, driveways, ad curb cuts o residetial lots ca geerate eighborhood cocer, ad your ordiace should respect these cocers. Example: There shall be oe parkig space i the rear or side yard for the accessory dwellig ad o additioal curb cut. Ower Occupacy. Although the ADU law prohibits muicipalities from requirig the ower to occupy a specific uit, ower occupacy of oe of the uits ca be required. Ower occupacy ca help esure property maiteace ad orderly coduct of teats. I additio to requirig ower occupacy, a muicipality ca also require the ower to demostrate that the uit is the ower s pricipal place of residece, or domicile. This ca be show by the ower by automobile registratio, voter registratio, or other similar legal ad permittig processes. You may wish to make provisios that allow short-term lapses i ower-occupacy, for istaces of family difficulties, sabbatical leaves, temporary out-of-tow employmet, ad exteded abseces. You may require as a coditio of obtaiig a zoig or buildig permit that the ower sig a statemet declarig uderstadig ad acceptace of the ower-occupacy requiremet. Also, you could require a periodic verificatio by the ower of cotiuig ower occupacy. Examples: The ower of a property cotaiig a Accessory Dwellig Uit shall reside i either the pricipal or the accessory dwellig, as of the date of the permit approval. As part of a applicatio for a ower to obtai a [buildig or occupacy] permit to build a Accessory Dwellig Uit, the ower shall certify that the property is to remai ower occupied at all times, ad agrees to provide writte certificatio of cotiuig ower occupacy prior to the ed of each caledar year. New Hampshire Housig 19

20 Codomiium coversios. The Legislature ameded the law i 2017 to expressly prohibit codomiium coversio of ADUs, uless the muicipality chooses to allow it. This would eed to be permitted through the zoig ordiace or subdivisio regulatios. Towhouses ad maufactured housig. The ADU law was ameded i 2017 to allow muicipalities to prohibit ADUs with towhouses ad maufactured housig. Workforce housig. The ADU law s referece to the Workforce Housig Law is relevat oly whe a muicipality is evaluatig its existig housig stock to determie whether it has met its obligatio to provide its fair share of the regio s eed for housig that is affordable to low- ad moderate-icome families. A muicipality may deem a ADU as workforce housig for purposes of satisfyig the muicipality s obligatio uder RSA 674:59 if the uit meets the stadards i RSA 674:58, IV for retal uits. This does ot mea that muicipalities ca impose ret restrictios or icome limits o ADUs or their occupats this is ot a power grated by the ADU law. Other laws may eable such cotrols, such as a iclusioary zoig ordiace adopted pursuat to RSA 674:21. Miimum ad maximum ADU sizes. A muicipality could specify that ADU sizes be some proportio of the size of the pricipal uit as log as it does ot result i a restrictio to less tha 750 sq. ft. Miimum ad maximum sizes for a accessory dwellig uit may be established, provided that ADUs shall ot be required to be smaller tha 750 sq. ft. (they may be allowed to be smaller tha that, at the ower s discretio). Example: A ADU shall have a area of o less tha 200 sq. ft. ad o more tha 1,000 sq. ft. Number of bedrooms. Your ordiace must allow ADUs to have more tha oe bedroom, but owers may wat to provide some studio or oe-bedroom ADUs. Buildig code occupacy stadards specify miimum square footage for bedrooms, so buildig size ad ADU size i practice ca gover or limit the umber of bedrooms i a ADU. Detached ADUs. It is up to the muicipality to decide whether to allow detached ADUs. Detached ADUs must comply with the requiremets of ay muicipal ordiaces or regulatios adopted pursuat to RSA 674:72, IV - IX. If a muicipality allows detached ADUs, it may require a icreased lot size. You may wish to allow detached ADUs i some or all of your zoig districts based o the character of various districts. For istace, i rural districts that have existig accessory buildigs (bars, milk houses, etc.), or i older i-tow eighborhoods with existig accessory buildigs (carriage houses or detached garages), ADUs ca restore or ehace their ecoomic viability. Depedig o the size of the lot, you ca allow more tha oe detached ADU ad specify where it may be located. 20 New Hampshire Housig

21 This house o a corer lot i Cocord has a attached ADU. 2.3 Commuity Acceptace ad Approval Oe way or aother, the ADU law requires tows ad cities to permit ADUs more extesively tha most muicipalities previously allowed. Whe it eacted the ADU law, the legislature cited a variety of social, demographic, ecoomic, ad evirometal beefits to commuities provided by ADUs. For the beefits to be fully realized, a ope public process that egages citizes; respects their iterests, fears, ad cocers; ad achieves cosesus is recommeded. The plaig board should udertake a public process to achieve a operable public cosesus o how to accommodate ADUs i ways that are appropriate ad compatible with the commuity. A ope, iclusive, ad well-publicized public process would cover these areas: What are ADUs? What beefits do ADUs provide to the commuity? What types of ADUs are possible? What does the law require? What are the differeces betwee ay curret Accessory Dwellig or Accessory Apartmet regulatios that your ordiace cotais? What are some problems that might be associated with ADUs ad how ca they be avoided or mitigated? Which of the choices eabled by the law would be appropriate to the etire commuity ad to its various eighborhoods ad districts? New Hampshire Housig 21

22 A commuity iformatio ad decisio process should use public meetigs, possibly augmeted through your muicipal website, publicity through ewspapers ad other media, ad discussios with various civic orgaizatios. It will certaily be a major topic of iformal discussio with your commuity. A deliberatio ad actio sceario could comprise: At least oe iitial public forum to begi the above discussio, ad A follow-up public sessio to review, ad if eed be revise, the coclusios from the iitial sessio or sessios. The plaig board may draft a set of recommedatios about which optios should be pursued by the muicipality. Fial steps to adoptig a ADU ordiace iclude: Plaig board public discussio ad actio o recommedatios Plaig board drafts a zoig amedmet Plaig board holds a public hearig o the fial amedmet ad the recommedatio of it to Tow Meetig, Tow Coucil, City Coucil, or other goverig body Tow Meetig or Coucil actio o adoptio of zoig amedmet A ADU was added to the back of this home i Warer, NH. 22 New Hampshire Housig

23 PART 3 ADU-Related Resources 3.0 Frequetly Asked Questios about ADUs 1. Is t a house with a ADU just a duplex? No, a duplex is two uits of comparable size i a sigle structure thik of a structure that has mirror-image housig uits. The word accessory i ADU has real meaig the uit is iteded to be secodary to the mai use of the buildig as a sigle family home, i the same way that a garage would be of secodary importace. 2. What s the meaig of the workforce housig provisio i the ADU Law? There s a sectio i the ADU law that says that ADUs may be cosidered uits of workforce housig if they meet the requiremets of the Workforce Housig Law. This may soud like circular logic it is. The oly implicatio of this part of the ADU law is that a muicipality ca iclude a ADU with a retal price that meets the stadards of the Workforce Housig Law, if the muicipality is attemptig to determie whether its existig housig stock provides its fair share of the regio s eed for such housig. This provisio of the ADU law does ot eable muicipalities to impose ret limits o ADUs or to require occupacy of such uits by people of low or moderate icomes. 3. Do impact fees apply to a ew ADU? It depeds o how the impact fee ordiace is writte. As a iovative lad use cotrol (see RSA 674:21), if adopted impact fee ordiaces are a part of a muicipality s overall zoig ordiace. The ADU law says that muicipalities ca t impose greater zoig requiremets o a home simply because it has a ADU associated with it. So if the impact fee ordiace imposes a fee based o the umber of residetial uits, the the ordiace would ot apply to a ADU. But if the impact fee ordiace is based o the umber of bedrooms i a structure or some other measure associated with the size of the structure, ad creatig a ADU icreases that impact, the it is possible that the impact fee ordiace would apply. 4. Why is there a requiremet for a iterior door betwee uits? The requiremet for a iterior door esures that, i the future, the ADU ca easily be re-itegrated ito the pricipal dwellig. You should assume that the itetio is to have a iterior door that is fuctioal that is, ot oe that has had its hadle removed ad bee sheet-rocked ito a wall. 5. What does attached mea i referece to ADUs? While the ADU law requires muicipalities to allow attached ADUs i ay zoig district that allows sigle-family homes, the law does t defie attached. It s up to the idividual muicipality to determie what it thiks it meas. The requiremet for a iterior door betwee the primary dwellig uit ad the ADU suggests that there must be a commo wall betwee them. Could a log, eclosed breezeway meet that stadard? Possibly. It might be appropriate to iclude a limitatio o the legth of the breezeway to avoid abuse (e.g., a 300-foot-log breezeway leadig to a lakeside structure that suddely becomes a ADU). Should ay structural space betwee the uits be heated space? New Hampshire Housig 23

24 Possibly, but that could serve to elimiate some appropriate uses, such as covertig space over a attached garage ito a ADU the iterveig garage would likely be uheated space. 6. What is the impact of the NHDES septic stadards? As of October 1, 2016, the N.H. Departmet of Evirometal Services (NHDES) promulgated ew admiistrative rules for Idividual Sewage Disposal Systems (Ev-Wq 1000). These rules call for icreased miimum system desig stadards where ADUs are beig created. This meas, for example, that for a 4-bedroom house to be coverted ito a 3-bedroom house with a 1-bedroom ADU, the miimum desig stadard will be greater eve though the umber of bedrooms has ot icreased. But the legislature s eactmet i 2017 of HB 258 prohibits ay requiremet for costructio of a ew system i such circumstaces uless the existig system is ulicesed or has already failed. A property ower wishig to create a ADU must demostrate the adequacy of the curret system desig to hadle the icreased flow of septage (based o the NHDES stadards), or must submit a ew desig for approval by NHDES. 7. Ca homeowers associatios or codomiium documets prohibit ADUs? Yes. These are private cotractual arragemets betwee ad amog homeowers. While the muicipality caot prohibit ADUs, a developer ca create a ew housig developmet that has coveats baig ADUs. Such restrictios are oly privately eforceable, ad ot by the muicipality. 8. ADU ower occupacy: What if the ower is a trust, LLC, or corporatio? If a muicipality requires that either the pricipal dwellig uit or ADU must be occupied by the ower, a strict readig of the law suggests that the ower must be a atural perso. Trusts, LLCs, ad corporatios are purely legal etities ad have o physical presece o Earth. Therefore, they caot occupy space. A more relaxed readig of the law suggests that whoever cotrols such a etity could be deemed the ower. This is a matter for local iterpretatio at least util a court decides o it! 9. What are the HUD occupacy stadards? RSA 674:72, IV requires ay local stadards that limit the umber of occupats per bedroom to be cosistet with policy adopted by the Uited States Departmet of Housig ad Urba Developmet. This refers to a Fair Housig Eforcemet Statemet of Policy from HUD published i the Federal Register o December 22, 1998 (FR Vol. 63, No. 245, page 70982). That statemet outlies the factors that HUD will cosider whe evaluatig the legality of occupacy policies. May people cosider a maximum of two people per bedroom to be the rule of thumb. However, HUD idicates that there are differet factors to cosider, such as: the size ad cofiguratio of the housig uit; the size ad cofiguratio of the bedroom; the age of the occupats (i.e., it s ot uusual for ew parets to keep a ifat i their bedroom). Before cosiderig ay such limitatios o occupacy, cosult with your legal cousel. Refer to Appedices What about the use of ADUs as short-term retals? The ADU law does ot refer to or limit i ay way their use as short-term retals (cosider the widespread use of Airbb, VRBO, ad similar services). Some New Hampshire muicipalities (e.g., Portsmouth) are movig ahead with regulatios limitig short-term retals, but this does t mea that a ower ca t create a ADU. They are separate issues. There are various iitiatives i the legislature to study or regulate short-term retals, but the state of these efforts are i flux. 11. What if we do othig? If your muicipality chooses to do othig i the face of the ADU law ad your zoig ordiace is silet o the subject, the ADUs will be allowed by right i ay sigle-family home i your commuity. The better approach is to develop reasoable regulatios that are eabled by this law. 24 New Hampshire Housig

25 3.1 Lear More About ADUs NEW HAMPSHIRE HOUSING FINANCE AUTHORITY The NHHFA website has liks to the resources ad iformatio listed below, ad a PDF of this guide. NHHFA.org/accessory-dwellig-uits NEW HAMPSHIRE MUNICIPAL ASSOCIATION ADU GUIDANCE NHMA produced a useful ad brief documet, The New Law o Accessory Dwellig Uits (September 2016) to guide muicipal implemetatio of the law s requiremets. (Note that it does ot icorporate the statute s 2017 amedmets.) Also icluded here is the supportig material for the 2016 NHMA Muicipal Law Lecture Series presetatio o the ADU law by Bejami Frost of NHHFA. NHHFA.org/accessory-dwellig-uits/NHMA ADU Law Lecture 2016.pdf NEW HAMPSHIRE OFFICE OF STRATEGIC INITIATIVES ADU TECHNICAL BULLETIN The NHOSI (formerly the Office of Eergy ad Plaig) techical bulleti o ADUs provides a helpful explaatio of the law ad various issues that mucipalities should cosider whe developig their regulatory respose to the ADU law. (The versio icluded here does ot icorporate the statute s 2017 amedmets.) Additioally, OSI aually collects buildig permit ad lad use regulatio iformatio from the state s cities ad tows. Muicipalities are strogly urged to iclude data o ADU permits to the NHOSI. HUD BEDROOM OCCUPANCY STANDARDS The ADU law requires that muicipalities ca oly impose bedroom occupacy stadards o ADUs if they are also doig the same for sigle-family homes, ad i either circumstace they must comply with U.S. Departmet of Housig ad Urba Developmet (HUD) policy. This policy is ot perfectly clear-cut, but rather provides guidace for ay muicipality or ladlord that is seekig to limit the umber of people occupyig a dwellig uit. While the HUD policy states that a limit of two people per bedroom as a geeral rule is reasoable, there are other factors that must also be cosidered such as household compositio, size of rooms, ad other special circumstaces. Federal Register / Vol. 63, No. 245 / Tuesday, December 22, 1998 / Notices DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR 4405 N 01] Fair Housig Eforcemet Occupacy Stadards; Notice of Statemet of Policy (Keatig Memo, 3/20/91) WEBSITE SPECIALIZING IN ALL THINGS ADU This website was created by three ADU advocates from Portlad, Orego. It cotais may useful examples of ADUs, icludig costs of costructio ad permittig issues i differet jurisdictios. New Hampshire Housig 25

26 3.2 Appedices EXAMPLES OF NEW HAMPSHIRE TOWN & CITY ADU ORDINANCES TOWN OF HEBRON (2016 populatio: 621). Hebro s zoig ordiace allows ADUs by special exceptio ad exercises much of the discretio allowed by the state law, icludig a requiremet for off-street parkig, ower occupacy of oe of the uits, architectural cosistecy, ad limitatio to o more tha two bedrooms. The septic desig provisio i the ordiace is cosistet with the amedmet to the 2017 amedmet to the state statute o ADUs, as it does ot require istallatio of a ew system uless DES requires it. The statemet that all ADUs will be deemed uits of workforce housig is ot cosistet with the law, as the ordiace does ot cosider the actual retal prices of the ADUs. The occupacy limitatio to o more tha four persos does ot clearly comply with HUD occupacy stadards, as the state ADU law requires. Appedix TOWN OF HOLLIS (2016 populatio: 7,775) The ADU provisios i the Hollis zoig ordiace served as a model for some of the state law s provisios. Hollis allows ADUs by special exceptio, ad its provisios exercise much of the discretioary authority of the law, icludig a requiremet for off-street parkig, maiteace of the structure s appearace as a sigle-family home, ad allowig oly oe ADU per property. Hollis provides a operatioal defiitio of attached by statig that the pricipal uit ad the ADU must share iteral heated livig space access through a commo wall. Hollis also allows detached ADUs with a icrease i lot size. The tow s requiremet that a ew or upgraded septic system shall be required if the existig system is iadequate probably is icosistet with the 2017 amedmet to the ADU law that requires oly that a ew septic desig must be approved by DES i such circumstaces, uless the system is ulicesed or has already failed. Appedix TOWN OF LONDONDERRY (2016 populatio: 25,361) Lododerry s ordiace allows both attached ad detached ADUs by right, but also calls for architectural cosistecy with the pricipal dwellig uit. This is probably eforced at the staff level durig the buildig permit process. The ordiace also exercises much of the discretioary authority of the ADU Law, such as requirig ower occupacy, off-street parkig, o additioal curb cuts, limitatio of ADUs to two bedrooms. The statemet that all ADUs will be deemed uits of workforce housig is ot cosistet with the law, as the ordiace does ot cosider the actual retal prices of the ADUs. Appedix CITY OF PORTSMOUTH (2016 populatio: 21,524). Portsmouth adopted a ADU ordiace which, i additio to attached ad detached ADUs, icludes provisios for garde cottages. Portsmouth s ordiace allows both attached ad detached ADUs by coditioal use permit grated by the plaig board. The ordiace requires off-street parkig for ADUs that varies based o the size of the uit, requires ower occupacy of oe of the uits, requires the appearace of ADUs to be cosistet with that of a sigle-family dwellig, limits ADUs to o more tha 2 bedrooms, ad sets the ADU size maximum at 750 s.f. I additio, Portsmouth created a special type of ADU called a garde cottage to provide greater flexibility dealig with detached ADUs that did ot meet primary structure setback requiremets i the zoig ordiace. Appedices ad TOWN OF WARNER (2016 populatio: 2,888) The Warer zoig ordiace allows attached ADUs by right i all residetial districts. The ordiace also requires ower occupacy of oe of the uits ad limits the umber of ADUs to oe per lot. Warer also allows ADUs to be established i existig detached accessory structures. The septic desig provisio i the ordiace is cosistet with the amedmet to the 2017 amedmet to the state statute o ADUs. Appedix New Hampshire Housig

27 3.2.1 TOWN OF HEBRON ZONING ORDINANCE FOR ACCESSORY DWELLING UNITS Purpose I accordace with NH RSA 674:71 73, this provisio allows for the creatio of a Accessory Dwellig Uit (ADU) as a accessory use to existig sigle-family detached dwelligs. Defiitio A Accessory Dwellig Uit meas a subordiate dwellig residece with complete ad idepedet livig facility o the same lot attached to or cotaied withi a existig sigle-family dwellig. Every accessory dwellig uit shall be deemed a uit of workforce housig for purposes of satisfyig the muicipality s obligatio uder RSA 674:59. Requiremets ad Stadards: 1. Oe ADU is permitted per lot provided the lot is a existig legal lot of record ad the lot cotais o more tha oe detached dwellig; 2. The ADU shall comply with all the zoig regulatios for a sigle-family detached dwellig icludig, but ot limited to, setbacks, height limits, ad lot coverage; 3. The ADU shall ot icrease ay ocoformig aspect of ay existig structure; 4. A ADU shall require Special Exceptio approval from the Hebro Zoig Board of Adjustmet ad Select Board approval of a Residetial Buildig Applicatio; 5. A ADU shall ot be cosidered to be a additioal dwellig uit for the purposes of determiig miimum lot size or developmet desity of the property; 6. The structure ad lot shall ot be coverted to a codomiium or ay other form of legal owership distict from the owership of the pricipal sigle-family dwellig; 7. The applicat shall make adequate provisios for water supply ad sewage disposal i accordace with NH RSA 485-A: 38. Separate utility coectios are ot required; 8. Both the ADU ad the primary residece shall comply with the state Buildig Code ad Fire Code regulatios for costructio, miimum livig space, fire exits ad smoke alarms; 9. The ower of a ADU shall reside i either the pricipal dwellig or the ADU; 10. The maximum size of a ADU shall ot exceed 800 sq. ft. area; 11. There shall be o more tha two bedrooms i a ADU; 12. No more tha four persos shall occupy a ADU; 13. A iterior door shall be provided betwee the pricipal dwellig uit ad accessory dwellig uit. There is o requiremet for said iterior door to remai ulocked; 14. The architecture of the ADU shall match that of the primary residece; 15. There shall be o exterior stairway leadig to the ADU o the frot of the house; 16. The mai exterior etraces shall ot be o the same side of the buildig; 17. Oe off-street parkig space shall be provided i additio to those required for the primary residece for a miimum total of three. Excerpted from the 2016 Hebro Tow Report at New Hampshire Housig 27

28 3.2.2 TOWN OF HOLLIS ZONING ORDINANCE FOR ACCESSORY DWELLING UNITS Sectio IX: Geeral Provisios K. ACCESSORY DWELLING UNITS (Adopted March 1993, Ameded March 2017) 1. PURPOSE: For the purpose of providig expaded housig opportuities ad flexibility i household arragemets, accessory dwellig uits (i-law apartmets) shall be permitted by special exceptio grated by the Board of Adjustmet i ay district i coformace with these regulatios. 2. DEFINITION: As defied by RSA 674:71 as ameded Accessory Dwellig Uit meas a residetial livig uit that is withi or attached to a sigle-family dwellig, ad that provides idepedet livig facilities for oe or more persos, icludig provisios for sleepig, eatig, cookig ad saitatio o the same parcel of lad as the pricipal dwellig uit it accompaies. 3. REQUIREMENTS/LIMITATIONS: a. Accessory dwellig uits are iteded to be secodary ad accessory to a pricipal sigle-family dwellig uit. I gratig a special exceptio, the Board of Adjustmet must fid that the secodary dwellig uit is developed i a maer which does ot alter the character or appearace of the pricipal dwellig uit as a sigle-family residece. Oly oe accessory dwellig uit shall be allowed per pricipal dwellig uit ad/or lot. The accessory dwellig uit shall have a separate house umber from the pricipal dwellig. b. There shall be o exterior alteratios, elargemets, or extesios of the structure which alter its character or appearace as a sigle-family residece (or other detached accessory structure, whe applicable). Ay ecessary additioal etraces or exits shall be located to the side or rear of the buildig wheever possible. c. A accessory dwellig uit shall ot be cosidered to be a additioal dwellig uit for the purposes of determiig miimum lot size. d. Detached accessory dwellig uits are oly allowable whe located o a lot that has twice the miimum lot size required i the applicable district for that type of lot (e.g., backlad lot). Detached accessory dwellig uits caot be coverted to a pricipal dwellig uit. e. A accessory dwellig uit shall have a area of o less tha 300 square feet ad o greater tha 800 square feet measured by the outside dimesio of the exterior wall or the iterior dimesio of a commo wall. A attached accessory dwellig uit shall occupy o more tha 30% of the total heated, above grade floor area of the total dwellig uit, icludig the accessory dwellig uit. f. Attached accessory dwellig uits shall be desiged to allow for re-icorporatio ito the pricipal dwellig uits. Iteral access to the pricipal dwellig uit shall be maitaied or costructed. The accessory dwellig uits ad pricipal dwellig uits must share iteral heated livig space access through a commo wall. g. The existig or proposed septic systems must be certified by a licesed septic desiger or egieer as adequate to hadle ad treat the icreased waste volumes geerated by the accessory dwellig uit i accordace with New Hampshire RSA 485-A:38 ad the Tow of Hollis septic regulatios. If the existig septic system is ot capable of adequately hadlig ad treatig the waste of the pricipal dwellig uit ad the accessory dwellig uit i accordace with New Hampshire RSA 485-A:38 ad the Tow of Hollis septic regulatios, a ew or upgraded septic system coformig to the most recet state ad local septic stadards ad regulatios shall be required. h. Adequate off-street parkig shall be provided. i. Adequate provisios must exist or be made for igress, egress ad turig of vehicles withi the site. j. The use of a ADU shall ot be deemed to iclude such trasiet occupacies as hotels, motels, roomig or boardig houses. This limitatio icludes short-term retals (less tha four weeks at a time) of dwellig uits. Short-term retals are oly authorized as specifically provided for Bed ad Breakfast (I) establishmets. Excerpted from 28 New Hampshire Housig

29 3.2.3 TOWN OF LONDONDERRY ZONING ORDINANCE FOR ACCESSORY DWELLING UNITS Accessory Dwelligs To icrease housig alteratives while maitaiig eighborhood aesthetics ad quality, oe accessory dwellig is permitted o ay property cotaiig a ower-occupied sigle-family dwellig, provided the followig coditios are met: A. Accessory Dwelligs shall be permitted oly o properties cotaiig a ower-occupied sigle-family dwellig. B. There shall be ot more tha oe accessory dwellig per lot. C. A accessory dwellig shall ot be cosidered to be a additioal dwellig uit for the purposes of determiig miimum lot size (of Sectio ) or developmet desity of the property. D. The ower of a property cotaiig a accessory dwellig shall reside i either the pricipal or the accessory dwellig, as of the date of the permit approval. E. The accessory dwellig shall cotai fully self-sufficiet livig quarters, cosistig of adequate sleepig, bathig, ad eatig accommodatios. F. The maximum size for a Accessory Dwellig shall ot exceed 40% of the livig area of the pricipal dwellig, ad shall iclude o more tha 2 bedrooms. G. The accessory dwellig shall be subsidiary i size ad fuctio to the pricipal dwellig ad be cosistet with the pricipal dwellig i appearace, desig, colors, ad materials. H. The accessory dwellig may be located withi or added to the pricipal structure, or attached to a accessory structure such as a free-stadig garage, or may itself be a free-stadig accessory structure. 1. If cotaied withi or added to the pricipal structure, exterior etry to the accessory dwellig shall ot face the street as a secod door. 2. If a free-stadig structure or attached to a free-stadig structure, the accessory dwellig shall be located oly i the side or rear yard of the property. I. All required setbacks shall be complied with. J. If the accessory dwellig is ot o public water ad sewer, the well ad septic provisios shall comply with New Hampshire Departmet of Evirometal Services regulatios. K. There shall be oe parkig space i the rear or side yard for the accessory dwellig ad o additioal curb cut. L. The structure ad lot shall ot be coverted to a codomiium or ay other form of legal owership distict from the owership of the pricipal sigle-family dwellig. M. Every Accessory Dwellig shall be deemed a uit of workforce housig for purposes of satisfyig the muicipality s obligatio uder RSA 674:59. Ameded through September 11, Excerpted from New Hampshire Housig 29

30 3.2.4 CITY OF PORTSMOUTH ZONING ORDINANCE FOR ACCESSORY DWELLING UNITS Accessory Dwellig Uits Oe, ad oly oe, accessory dwellig uit shall be allowed o ay lot cotaiig a sigle-family dwellig. A accessory dwellig uit shall ot be allowed uder this Sectio o a lot that cotais more tha oe dwellig uit Except as provided i elsewhere i this Sectio , all lad use regulatios applicable to a sigle- family dwellig shall also apply to the combiatio of a pricipal dwellig uit ad a accessory dwellig uit All accessory dwellig uits shall comply with the followig stadards: The pricipal dwellig uit ad the accessory dwellig uit shall ot be separated i owership (icludig by codomiium owership) Either the pricipal dwellig uit or the accessory dwellig uit shall be occupied by the ower of the dwellig. The ower shall provide documetatio demostratig to the satisfactio of the City that oe of the uits is his or her pricipal place of residece Neither the pricipal dwellig or the accessory dwellig uit shall be used for ay busiess, except that the property ower may have a home occupatio use i the uit that he or she occupies as allowed or permitted elsewhere i this Ordiace I additio to the two off-street parkig spaces required for the sigle-family dwellig, oe parkig space shall be provided for a ADU up to 400 sq. ft. gross floor area, ad two parkig spaces shall be provided for a ADU larger tha 400 sq. ft A attached accessory dwellig uit (AADU) shall comply with the followig additioal stadards: A iterior door shall be provided betwee the pricipal dwellig uit ad the accessory dwellig uit The accessory dwellig uit shall ot have more tha two bedrooms ad shall ot be larger tha 750 sq. ft. gross floor area Ay exterior chages to the sigle-family dwellig shall maitai the appearace of a sigle- family dwellig. If there are two or more doors i the frot of the dwellig, oe door shall clearly be the pricipal etrace ad the others shall be desiged to appear to be secodary A detached accessory dwellig uit (DADU) shall comply with the followig additioal stadards: I a Geeral Residece district, the combiatio of the pricipal dwellig ad the DADU shall comply with the miimum lot area per dwellig uit specified for the district The DADU shall ot have more tha two bedrooms ad shall ot be larger tha 750 sq. ft. gross floor area; except that the maximum gross floor area shall be 1,000 sq. ft. if the lot area is 2 acres or more The DADU shall be separated from the sigle-family dwellig by at least 20 feet Before gratig a coditioal use permit for a attached or detached ADU, the Plaig Board shall make the followig fidigs: Exterior desig of the ADU is compatible with the existig residece o the lot through architectural use of buildig forms, scale ad costructio materials The site pla provides adequate ope space ad ladscapig that is useful for both the ADU ad the primary dwellig The ADU will maitai a compatible relatioship to adjacet properties i terms of locatio ad desig, ad will ot sigificatly reduce the privacy of adjacet properties The ADU will ot result i excessive oise, traffic or parkig cogestio A certificate of use issued by the Plaig Departmet is required to verify compliace with the stadards of this Sectio, icludig the ower occupacy requiremet. Said certificate shall be reewed aually I gratig a coditioal use permit for a accessory dwellig uit, the Plaig Board may modify a specific dimesioal or parkig stadard set forth i this Sectio, provided that the Board fids such modificatio will be cosistet with the required fidigs i Sectio Garde Cottages A accessory buildig existig o the effective date of this ordiace may be coverted to a garde cottage through a coditioal use permit grated by the Plaig Board, subject to the followig provisios ad limitatios Oe garde cottage, ad oly oe, shall be allowed o ay lot cotaiig a sigle-family dwellig. 30 New Hampshire Housig

31 3.2.4 CITY OF PORTSMOUTH ZONING ORDINANCE FOR ACCESSORY DWELLING UNITS (cot d) Relatioship to other provisios of this Ordiace: No garde cottage shall be allowed o the same lot as a accessory dwellig uit authorized uder this Ordiace The establishmet of a garde cottage results i two dwellig uits o the property ad thus makes the property ieligible to establish a accessory dwellig uit uder RSA 674:72-73 ad this Ordiace. As a coditio of receivig a coditioal use permit for a garde cottage, the property ower shall waive all rights uder RSA 674:72 ad RSA 674: A garde cottage that complies with the stadards of this sectio is exempt from the residetial desity stadards of the Zoig Ordiace. A secod dwellig uit o a lot that does ot comply with the stadards of this sectio shall be cosidered to be either a secod primary dwellig or a accessory dwellig uit ad shall comply with the applicable stadards ad provisios of the Ordiace Garde cottages shall comply with the followig stadards: The existig accessory buildig shall ot be expaded either vertically or horizotally, other tha through the additio of a frot etry ot to exceed 50 sq. ft., or a side or rear deck ot to exceed 300 sq. ft A garde cottage shall ot be larger tha 600 sq. ft. gross floor area A garde cottage that is withi a required yard for the zoig district shall ot have ay widows or doors higher tha eight feet above grade facig the adjacet property Oe parkig space shall be provided for a garde cottage i additio to the two off-street parkig spaces required for the sigle-family dwellig The pricipal dwellig uit ad the garde cottage shall ot be separated i owership (icludig by codomiium owership); ad either the pricipal dwellig uit or the garde cottage shall be occupied by the ower of the property. The ower shall provide documetatio demostratig to the satisfactio of the City that oe of the uits is his or her pricipal place of residece Before gratig a coditioal use permit for a garde cottage, the Plaig Board shall make the followig fidigs: Exterior desig of the garde cottage is compatible with the existig residece o the lot through architectural use of buildig forms, scale ad costructio materials The site pla provides adequate ope space ad ladscapig that is useful for both the garde cottage ad the primary dwellig The garde cottage will maitai a compatible relatioship to adjacet properties i terms of locatio ad desig, ad will ot sigificatly reduce the privacy of adjacet properties The garde cottage will ot result i excessive oise, traffic or parkig cogestio A certificate of use issued by the Plaig Departmet is required to verify compliace with the stadards of this Sectio, icludig the ower occupacy requiremet. Said certificate shall be reewed aually I gratig a coditioal use permit for a garde cottage, the Plaig Board may modify a specific dimesioal or parkig stadard set forth i this Sectio, provided that the Board fids such modificatio will be cosistet with the required fidigs i Sectio Defiitios Accessory dwellig uit (ADU) A subordiate buildig located o the same lot with the pricipal buildig, occupied by or devoted to a accessory use. Where a accessory buildig is attached: Attached accessory dwellig uit (AADU) A accessory dwellig uit that is costructed withi or attached to a sigle-family dwellig. For the purpose of this defiitio, attached meas sharig a commo wall for at least 25 percet of the legth of the side of the sigle-family dwellig. Detached accessory dwellig uit (DADU) A accessory dwellig uit that is costructed withi a accessory buildig o a lot cotaiig oe sigle-family dwellig. Garde cottage A dwellig uit that is costructed through coversio of a accessory buildig o the same lot as a sigle-family dwellig ad complies with the stadards for garde cottages set forth i the Ordiace. Excerpted from as ameded through Jue 19, New Hampshire Housig 31

32 3.2.5 CITY OF PORTSMOUTH ADU CONDITIONAL USE PERMIT APPLICATION CITY OF PORTSMOUTH New Hampshire CONDITIONAL USE PERMIT APPLICATION: Accessory Dwellig Uit & Garde Cottage Departmet Use Oly Date Assessor Pla # Lot # Fee Zoe Lot area By Applicat Applicat Street Address Applicat City / State / Zip Applicat phoe ( ) Ower of Record Ower Street Address Ower City / State / Zip Ower phoe ( ) Applicat Locatio (street address) of proposed work: Existig Use is Sigle-Family Residece: Yes: No: All applicatios must file a olie buildig permit applicatio as well at ( Buildig Permit Applicatio # Please Note: Accessory Dwellig Uits & Garde Cottages are permitted o lots cotaiig oe existig sigle family dwellig uit. Oly oe Accessory Dwellig Uit or Garde Cottage is permitted per lot. Proposed Use: Attached Accessory Dwellig Uit (AADU) (See Article 8, Sectio ) Detached Accessory Dwellig Uit (DADU) (See Article 8, Sectio ) Garde Cottage (See Article 8, Sectio10.815) Total Number of Bedrooms Proposed for AADU, DADU, or Garde Cottage The udersiged certifies that all the required coditios exist for gratig of this request accordig to the terms of the Zoig Ordiace as demostrated i the attached submittals. Oly complete applicatios will be accepted by the deadlie date. A complete applicatio shall cosist of: a completely filled out applicatio form with origial sigatures, the applicatio fee, twelve (12) packets of required plas ad ay supportig documets or photos, ad a electroic file i PDF format of applicatio ad all submissios. Icomplete applicatios will ot be accepted. Applicatios received after the deadlie will be scheduled for the followig moth. The ower or his/her represetative is required to atted the Plaig Board Public Hearig for the above Coditioal Use Permit. Sigature of Property Ower (If ot ower, authorizatio to file o ower s behalf is required) Date Please PRINT ame here August 2017 Page 1 of 2 32 New Hampshire Housig

33 New Hampshire Housig 33