Planning & Zoning Commission - 231 (04/25/2023)

1 DRAFT Accessory Dwelling Unit Regulations: March 14, 2023 
 
 
SECTION 1 - DEFINITIONS:  
ACCESSORY DWELLING UNIT (Effective 6/30/13) 
 
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. 
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. 
 
*SECTION 3.39 IS TO BE REPEALED AND REPLACED BY THE AMENDMENTS 
PROPOSED FOR SECTION 3.36  
 
Section 3.9.12: Accessory dwelling units in accordance with Section 3.39 of these Regulations.(Effective 
6/30/13) 
Section 4.2.8: Accessory dwelling units in accordance with Section 3.39 of these Regulations.(Effective 
6/30/13) 

2 DRAFT Accessory Dwelling Unit Regulations: March 14, 2023 
 
Section 5.2.11: Accessory dwelling units in accordance with Section 3.39 of these Regulations.(Effective 
6/30/13) 
Section 6.2.11: Accessory dwelling units in accordance with Section 3.39 of these Regulations.(Effective 
6/30/13)  
Section 17.2.3: Accessory dwelling units in accordance with Section 3.39 of these Regulations.(Effective 
6/30/13) 
Section 3.36 
ACCESSORY APARTMENTS DWELLING UNITS (ADUs): (Effective 08/03/93):  
*ALL TEXT IN SECTION 3.36 SHALL BE REPLACED WITH THE FOLLOWING: 
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 on 
a single parcel of land.  
3.36.1.2  The ADU shall have a smaller living 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 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. 
a.    All new construction 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 

3 DRAFT Accessory Dwelling Unit Regulations: March 14, 2023 
 
Elevation (BFE) plus Two (2) feet as shown on the latest version 
FIRM (Flood Insurance Rate Map) 
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. 
b. All new construction on a detached accessory building that is 
located on a parcel in conformance with all the setbacks for a 
principal building shall comply with all the requirements of these 
regulations except that the height shall not exceed the height of 
the existing principal building. 
c. 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. 
d. 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 At least 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 living area for an ADU shall not exceed fifty per cent of the living 
area of the principal dwelling, or 1,500 square feet, whichever is less. 
3.36.1.8 Where a residential property exceeds 5 acres, the living area of a 
detached ADU may be permitted that exceeds the living area standard 
in 3.36.1.7 as follows: 
Lot Size 
ADU Living Area permitted as a percentage of 
the Living 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 
 
 

4 DRAFT Accessory Dwelling Unit Regulations: March 14, 2023 
 
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. 
3.36.1.9  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 Zoning 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.