Planning & Zoning Commission (linked)

Town of Waterford Existing Zoning Regulation 3.39 to be 
repealed 
 
 
3.39  
ACCESSORY DWELLING UNIT (Effective 6/30/13)  
Accessory dwelling units shall be permitted in R-20, R-40, RU-120, and OS zoning districts in 
accordance with the standards contained herein, subject to the issuance of a Special Permit in 
conformance with Section 23 of these Regulations.  
The purpose of the accessory dwelling unit is to allow flexibility in the design and construction of 
accessory housing on a lot and expand housing choices within the town to accomplish the housing 
goals of the approved plan of preservation, conservation and development. 
3.39.1  Submission Requirements 
In addition to the requirements of Sections 22 & 23, the Special Permit Application shall 
be provided in sufficient detail to determine compliance with the standards of Section 
3.39.2 and shall include at a minimum, the following information:  
3.39.1.1  Required application form, completed, signed, and dated accompanied by a 
fee(s), in accordance with Chapter 16.08 of the Waterford Code of Ordinance 
(see Section 26.6).  
3.39.1.2  A copy of the deed for the subject parcel.  
3.39.1.3  A sworn, notarized statement from the owner that they will reside in at least 
one of the dwelling units as a full time occupant, or they will not rent on a 
temporary basis the premises of the said unit at the subject premises as a 
condition of maintaining the validity of the accessory dwelling unit. This 
statement shall be placed on the Land Evidence Records against the name of 
the owner and shall only be released upon removal of the accessory dwelling 
unit or replacement with a similar statement executed by a subsequent owner. 
Failure to comply with the owner occupancy requirements herein shall be 
deemed a violation of these regulations.  
3.39.1.4  Floor plans and building elevations, drawn to scale, indicating the interior and 
exterior use and appearance of the accessory dwelling unit. Exterior elevations 
shall indicate the type and color of siding existing and proposed, and other 
similar features including but not limited to windows, doors, shutters, trim, 
roof material, porches and decks 
3.39.1.5 
The commission may, when it is determined that the proposed accessory 
dwelling unit is in close proximity to the main building, require the 
submission of elevations that depict the locational relationship of each 
structure and size and style of the main building in relation to the size, scale, 
style and materials of the proposed accessory dwelling unit. 
The plan shall include a calculation of floor area for the existing home and 
accessory dwelling unit with respect to compliance with Section 3.39.2.7.  
3.39.1.6 
Site plan drawn to scale in accordance with Section 22.  
3.39.2  Design Standards:  
3.39.2.1  The accessory dwelling unit shall be a permanent structure constructed on a 
concrete slab, crawl space, or basement, and shall be architecturally integrated 
with the main building on the lot and shall maintain the architectural style and 
be compatible with the appearance of the main building. The commission may 
waive this requirement if the applicant demonstrates the proposed 
architectural styles and colors are historically compatible, located and applied. 

3.39.2.2  The accessory dwelling unit must be detached from the main building and 
there may be only one accessory dwelling unit permitted for each one family 
dwelling. Once a property is granted an approval for an accessory dwelling 
unit pursuant to this section, the property is thereafter prohibited from 
receiving approval for a new accessory apartment under Section 3.36 of these 
Regulations, unless the accessory dwelling unit was never constructed and the 
property owner abandons the approval granted under this section. The 
presence of a preexisting accessory apartment on a property that applies for 
the approval of an accessory dwelling unit pursuant to this section shall be 
taken into account by the Commission in determining whether the application 
complies with the Special Permit criteria in Section 23 of these Regulations. 
3.39.2.3  All construction shall meet lot percent coverage, required minimum setback to 
the property lines, requirements applicable to main building for the zoning 
district in which the accessory dwelling unit is to be located. 
3.39.2.4  The maximum height of an accessory dwelling unit shall be limited to 20 feet.  
3.39.2.5 
If the accessory dwelling unit is located within 100 feet of the main building, 
then the accessory dwelling unit shall be situated in a manner that 
complements the main buildings architectural mass and scale.  Building walls 
between the main building and accessory dwelling unit shall relate to each 
other so the vertical planes are parallel. 
3.39.2.6  The accessory dwelling unit shall be separated a minimum of 30 feet from the 
main building as measured from the building wall or projection from each, 
whichever is most restrictive.  
3.39.2.7  The lot size shall be a minimum of 120,000 sf in the R-20 and R-40 Zoning 
District and 2 times the minimum lot size within the RU-120 and OS Zoning 
District; and  
a) 
Shall meet the minimum buildable area and minimum buildable square 
requirement in Section 3.34.3 for each dwelling unit and shall 
demonstrate compliance with the CT Public Health Code; and  
b) 
No exceptions shall be permitted for the development of an accessory 
dwelling unit on lots that do not meet the minimum lot size 
requirements in this section.  
c) 
Shall have its own water supply well. 
3.39.2.8  The accessory dwelling unit shall be located behind the main building’s front 
building wall. 
3.39.2.9 
 The accessory dwelling unit shall clearly be the secondary and subordinate 
use. The minimum floor area for the accessory dwelling unit shall be 850 
square feet in accordance with Section 3.5. The gross floor area for the 
accessory dwelling unit shall not exceed 1800 sf or 25% of the floor area of 
the main building on the property, whichever is less. Each accessory dwelling 
unit shall be designed to meet the minimum floor area requirements of the 
current Building Code.  
3.39.2.10  Off-street parking shall include parking for two vehicles for each dwelling 
unit and shall be provided for the accessory dwelling unit in accordance with 
Section 20.3.a. Access from the public right-of-way shall serve both the main 
building and the accessory dwelling unit, and shall not be distinguishable as 
separate facilities.  
3.39.2.11  Parking for the accessory dwelling unit shall be developed to conceal the 
parking areas from the main building and from the street. Plantings and buffer 
screening shall be used to create the separation and shown on the site plan.  

3.39.2.12  Any accessory dwelling unit shall comply with all applicable state, local, 
health, building, and housing codes. In particular, for lots served by on-site 
septic systems, the design for the septic system to serve the accessory 
dwelling unit shall be approved by the Ledge Light Health District or its 
successor.