Planning & Zoning Commission (linked)

FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
DEPARTMENT OF PLANNING AND DEVELOPMENT
MEMORANDUM
TO: — Planning and Zoning Commission
FROM: Mark Wujtewicz, Planner
DATE: January 10, 2023
TITLE: Proposed Accessory Dwelling Unit Regulations
At the Planning and Zoning Commission meeting on October 13, 2022, the Commission reviewed
and discussed proposed language presented in a draft dated August 31, 2022 with revision date
December 13, 2022. That discussion included several points for further consideration in crafting
language that addresses the effects and impact of the ability for property owners to construct
Accessory Dwelling Units.
Accompanying this memo is the latest revision to the proposed language incorporating the changes
that the Commission had discussed. In addition to the proposed language, there was also discussion
regarding the method of calculating the floor area of the principal dwelling in order to determine the
maximum floor area of the ADU. As a result of those discussions along with Staff input, it was
determined that the Gross Floor Area of the Principal Dwelling would be used to calculate the
maximum Gross Floor Area of the ADU. Upon further investigation by staff it was determined that
the Gross Floor Area of a building as defined in the Zoning Regulations is “The total floor area
contained within the building as measured to the external face of the external walls.” This includes
the cumulative area of all floors, deemed livable and non-livable. Non-livable area within a dwelling
as determined by the Town of Waterford Assessor records would include such areas as garages, attics,
crawl spaces, porches, decks, etc. The area of these non-livable portions of the principal dwelling are
included in the overall Gross Floor Area as identified on the Town of Waterford Assessor Field Card.
While the Commission made the determination to use Gross Floor Area of the Principal Dwelling in
determining the size of an ADU, it was also the consensus of the Commission to include only livable
area of the principal dwelling in calculating the maximum floor area of the ADU. Examples of current
Assessor Field Cards are provided with this memo for reference. The Assessor Field Cards calculate
“Living Area” separate from “Gross Area”. It is recommended that all reference to “Gross Floor
Area” in the proposed language be changed to “Living Area” as shown on the latest Town of
Waterford Assessor Field Cards in order to accurately reflect the Commissions desire to utilize only
the living area of the principal building.

Further review of the potential language changes also identified other impacted sections of the Zoning
Regulations. Sections in the Zoning Regulations that specifically use the term “Accessory
Apartments” will be amended to reflect the updated term of “Accessory Dwelling Units”.
Existing Section 3.39 will be repealed. This section is being replaced by the language proposed for
Section 3.36. In addition, there are currently sections in the Zoning Regulations that refer to the
former use of Accessory Dwelling Units as specially permitted uses in accordance with the repealed
section 3.39 of the Zoning Regulations. These sections of the regulations will be removed with
Section renumbering implemented as appropriate.
F:\Special Projects\Regulation Revisions\Accessory Dwelling Units\Staff Memo_011023.docx

DRAFT Section 3.36 Accessory Dwelling Units (ADUs) August 31, 2022
Rev. October 11, 2022
November 15, 2022
December 13, 2022 rev.1
January 10, 2023
AMEND ADU definition in Section 1: An Accessory Dwelling Unit means a separate
dwelling unit that (A) is located on the same lot as a principal dwelling unit of greater square footage, (B)
has cooking facilities, and (C) complies with or is otherwise exempt from any applicable building code,
fire code and health and safety regulations.
AMEND: section 3.9.11: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these Regulations.
Section 4.1.7: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these Regulations.
Section 5.1.7: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these regulations.
Section 6.1.8: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these regulations.
Section 6A.4.6: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these regulations.
Section 7.1.9: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these regulations.
Section 7A.2.7: Accessory apartments Dwelling Units in accordance with Section 3.36 of
these regulations.
Section 8.1.17: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these regulations.
Section 10.2.16: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these regulations.
Section 17.1.11: Accessory apartments-Dwelling Units in accordance with Section 3.36 of
these regulations.
REMOVE: section 3.39: This section will be repealed and replaced by the amendments proposed for
Section 3.36
| 1 DRAFT Accessory Dwelling Unit Regulations: January. 10, 2023

Sections 3.9.12, 4.2.8, 5.2.11, 6.2.11, 17.2.3: These sections refer to the former Accessory
Dwelling Units use that is now proposed within the
amended Section 3.36.
3.36 ACCESSORY DWELLING UNITS (ADUs):
a. ADUs shall be permitted in all districts where single family homes are permitted, in
accordance with the standards contained herein, and in compliance with all applicable
state, local, health, building and housing codes.
ADUs may be within a single family home or may be detached units.
3.36.1 Standards:
3.36.1.1 No more than one attached and one detached ADU shall be permitted
ona single parcel of land.
3.36.1.2 The ADU shall have a smaller gress-fleerliving area than the principal
building (single family home) existing on the same parcel and shall
meet the minimum floor area requirements of the current Building
Code. For the purpose of these regulations, the size of the living area
shall be the Living Area of the structure as shown on the latest Town
of Waterford Assessor Field Card.
3.36.1.3 ADUs are permitted to be serviced by the same water and sewer/septic
system serving the principal building, provided the service meets
current Public Health Code requirements.
3. 36.1.4 All new construction whether attached to or detached from the
principal building, shall meet all percent coverage and required
minimum setbacks applicable to principal structures for the zoning
district in which the ADU is to be located. For buildings located ina
FEMA designated flood hazard area as defined under Section 25.3.3 of
these Regulations, the plans and application submission shall reflect
compliance with the requirements of Section 25.3.
a. All newconstruction for attached ADU’s shall meet the height
requirements as defined in these regulations applicable to
principal structures for the zoning district in which the ADU is
located.
b. The maximum height as defined in these regulations of a newly
constructed detached ADU shall not exceed the height of the
existing principal building or 20 feet whichever is greater.
c. Buildings located in a FEMA designated flood zone AE, VE or
both shall have the height measured from the Base Flood
Elevation (BFE) plus Two (2) feet as shown on the latest version
FIRM (Flood Insurance Rate Map)
2 DRAFT Accessory Dwelling Unit Regulations: January 10, 2023

3.36.1.5 Detached accessory buildings in existence prior to the effective date
of these regulations may be permitted to be used as an ADU in
accordance with the following:
a.__For buildings located in a FEMA designated flood hazard area as
defined under Section 25.3.3 of these Regulations, the plans
and application submission shall reflect compliance with the
requirements of Section 25.3.
ab. All new construction on a detached accessory building that
conforms to all the applicable requirements for accessory
buildings shall comply with all requirements of these
regulations, except that the height as defined in these
regulations shall not exceed the height of the existing principal
building or 20 feet, whichever is less.
bc. For nonconforming detached accessory buildings, no increase in
the area, any dimension or bulk of that portion of the structure
which is nonconforming shall be permitted and all new
construction shall comply with all requirements of these
regulations, except that the height as defined in these
regulations may be increased so as to not exceed the height of
the principal building or 20 feet, whichever is less.
3.36.1.6 Atleast one parking space shall be provided for any ADU. Parking space
surfaces shall be asphalt, concrete, pavers, turfstone, gravel, shells, or
similar durable surface.
3.36.1.7. The gress-fleerliving area for an ADU shall not exceed fifty per cent of
the gross-floerliving area of the principal dwelling, or 1,500 square feet,
whichever is less.
3.36.1.8 Where a residential property exceeds 5 acres, a detached ADU may be
permitted that exceeds the gress-fleerliving area standard in 3.36.1.7
as follows:
Lot Size ADU Gress—fleerLiving area permitted as a
percentage of the gress-fleerliving area of the
primary dwelling unit
5-10 Acres 50% or 1,800 sq ft whichever is greater
10+ Acres 50% or 2,000 sq ft whichever is greater
a__ Where a detached ADU is constructed in accordance with Section
3.36.1.8 and the living area of the newly constructed ADU
exceeds the living area of the principal dwelling, for the purpose
of these regulations the ADU shall be considered the principal
dwelling and the principal dwelling shall be considered the ADU.
3 DRAFT Accessory Dwelling Unit Regulations: January 10, 2023

3.36.1.9 The exterior for any new structure or addition shall be designed to
reflect and incorporate the architectural style and design of the
principal structure.
3.36.2 Permit Submission Standards:
3.36.2.1 All applications for ADU’s shall be made on an application form
provided by the Planning-andZening CommissionZoning Enforcement
Officer for a Zoning Compliance Permit and shall be accompanied by
two sets of plans drawn to scale in compliance with the standards
contained in Section 26.3 of the Zoning Regulations.
3.36.2.2 Two sets of floor plans and building elevation, drawn to scale, indicating
the interior and exterior use and appearance of the building. Exterior
elevations drawings, if required, shall reflect and incorporate the
architectural style and design of the principal structure.
3.36.2.3 ADU’s may be approved by Zoning Compliance Permit.
3.36.2.4 ADUs which require expansion of an existing structure or construction
of a new structure are subject to design review by the Design Review
Board (DRB). The DRB shall make a recommendation to the Zoning
Official concerning design compliance in accordance with Section
3.36.1.9.
4 DRAFT Accessory Dwelling Unit Regulations: January 10, 2023

Building Information
Building 1 : Section 1
Year Built: 1993
| Living Area: 3,136 |
Replacement Cost: $499,393
Building Percent Good: 87
Building Attributes
Building Photo
Building Layout
(https://images.vgsi.com/photos/WaterfordCTPhotos/A00\01\64\18 jpg)
(https://images.vgsi.com/photos/WaterfordCTPhotos//Sketches
14449 4449 jpg)
Field Description
Style Colonial
Model Residential
Grade: B
Stories 2
Occupancy |
Exterior Wall 1 Vinyl Siding
Exterior Wall 2
Roof Structure Gable
Roof Cover Arch Shingles
Interior Wall 4 Drywall
Interior Wall 2
Interior Fir 1 Hardwood
Interior Fir 2
Heat Fuel Oil
Heat Type: Hot Water
AC % 100
Total Bedrooms: 3
Full Bthrms: 3
Half Baths: 2
Extra Fixtures 3
Total Rooms: 9
Bath Style: Average
Kitchen Style: Average
Num Kitchens 4
Fireplace(s) 0
Extra Opening(s) 0
Gas Fireplace(s) 1
% Attic Fin 0
LF Dormer 0
Foundation Poured Conc
Bsmt Gar(s) 0
Bsmt % 100
Building Sub-Areas (sq ft) Legend
Code Description Gross Hving
Area Area
BAS First Floor 2,000 2,000
FUS Finished Upper Story 1,136 1,136
BSM Basement 2,552 0
CTH Cathedral Ceiling 96 0
FGR Garage 1,008 0
FOP. Open Porch 312 0
UAT Unfinished Attic 456 0
WDK Deck 432 0
7,992 3,136

Year Built: 1948 Building Photo
Living Area: 2,085 |
Replacement Cost: $279,871
Building Percent Good: 72
Building Attributes
Field Description
Style Cape
Model Residential
Grade: Ct
Stories 1.75
Occupancy 1
Exterior Wall 1 Vinyl Shakes
Exterior Wall 2 (https://images.vgsi.com/photos/WaterfordCTPhotos/A00\01
\02\57.JPG)
Roof Structure Gable
Roof Cover Asphalt Building Layout
Interior Wall 1 Drywall
Interior Wall 2
Interior Fir 4 Hardwood
Interior Fir 2 Pine/Soft Wood
Heat Fuel Oil
Heat Type: Hot Water
AC % 0
Total Bedrooms: 4
Full Bthrms: 3
Half Baths: (0)
- 4 (https://images.vgsi.com/photos/WaterfordCTPhotos//Sketches
Extra Fixtures /3718_3718,jp9)
Total Rooms: 8 ae
Building Sub-Areas (sq ft) Legend
Bath Style: Average -
Code Description Grose Living
Kitchen Style: Average 7 Area Area
Num Kitchens 4 BAS First Floor 1,024 1,024
Fireplace(s) 0 Tas Three Quarter Story 832 624
Extra Opening(s) 0 FNS Finished 90% Story 485 437
Gas Fireplace(s) 0 BSM Basement 832 0
% Attic Fin 10) FGR Garage 485 0
LF Dormer 40 FOP Open Porch 45 0
Foundation Conc Block PRS Piers 192 0
Bsmt Gar(s) 0 WDK Deck 288 0
Bsmt % 100 4,183 2,085
SF FBM 367.00
SF Rec Rm
Fin Bsmt Qual Ave Quality
Bsmt Access Walkout