Planning & Zoning Commission - 186 (03/14/2023)

Town of Waterford Existing Zoning Regulation 3.36 
 
3.36 
ACCESSORY APARTMENTS: (Effective 08/03/93) 
Accessory apartments shall be permitted in all Village Residential, R-20, R-40, RU-120, NB, 
NBPO, CG, CT and OS zoning districts in accordance with the standards contained herein, subject 
to the issuance of a Zoning Compliance Permit 
3.36.1 
Submission Requirements 
The Zoning Compliance Permit application shall be of sufficient detail to determine 
compliance with the standards of Section 3.36.2 and shall include at a minimum, the 
following information: 
3.36.1.1 
Required application form, completed, signed, and dated accompanied by a 
Zoning Compliance fee, in accordance with Chapter 16.08 of the Waterford 
Code of Ordinance (see Section 26.6) 
3.36.1.2  A copy of the deed for the subject parcel. 
3. 36. 1.3  A sworn, notarized statement from the applicant that they will reside at the 
subject premises as a condition of maintaining the validity of the accessory 
apartment.  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 Apartment 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. 36.1.4  Two sets of floor plans and building elevations, drawn to scale, indicating the 
interior and exterior use and appearance of the building both before and after 
the establishment of the apartment.  Exterior elevations shall indicate the type 
and color of siding existing and proposed, and other similar features.  If no 
exterior building improvements are proposed, building elevations are not 
required. 
The plan shall include a calculation of floor area for the existing home and 
apartment with respect to compliance with Section 3.36.2.5 
3.36.1.5  Two sets of a site plan drawn to scale that indicate the location of any existing 
and proposed structures on the parcel, the existing and proposed utilities to 
service the home and apartment, parking and drive areas, and any other 
pertinent information as deemed necessary by the Zoning Enforcement Officer.  
If external site improvements are proposed, a determination of whether any 
regulated Inland Wetlands or Watercourses are on site must be made prior to 
submitting the formal application for a Zoning Compliance Permit. 
3.36.2 
Design Standards: 
3.36.2.1 
Each accessory apartment must be created within or attached to a single-family 
dwelling and there may be only one accessory apartment permitted for each 
single family dwelling. An accessory apartment is not permitted if the lot 
already contains an accessory dwelling unit permitted in accordance with 
Section 3.39 of these Regulations.(Revised 6/30/13) 
3.36.2.2 
The owner of the residence with which the accessory apartment is associated 
must occupy at least one of the dwellings. 
3.36.2.3 
All new construction shall meet all percent coverage, required minimum 
setback, and height requirements, applicable to principal structures for the 
zoning district in which the accessory apartment is to be located, with the 

exception of pre-existing non-conforming building setbacks pursuant to Section 
24.4.1b. 
3.36.2.4 
Accessory apartments are permitted to be serviced by the same water and 
sewer/septic system serving the principal residence, as long as it meets current 
Public Health Code requirements. 
3.36.2.5 
The accessory apartment shall clearly be the secondary and subordinate use and 
its maximum floor area shall not exceed 850 square feet or 25% of the combined 
floor areas of the single family dwelling and the accessory apartment, 
whichever is less.  Section 3.5 shall be used for purposes of calculating floor 
area.  Each accessory apartment shall meet the minimum floor area 
requirements of the current Building Code.(revised 8/19/10) 
3.36.2.6 
Off-street parking shall be provided for all accessory apartments and the single 
family dwelling unit in accordance with Section 20.3.a. Parking and access 
from the public right-of-way shall serve both the principal and accessory units, 
and shall not be distinguishable as separate facilities. 
3.36.2.7 
Each accessory apartment shall have its own independent bathroom and kitchen 
facilities and shall comply with all other applicable building, housing, and 
health codes. 
 
3.36.2.8 
The building to be converted shall comply with all applicable state, local, 
health, building, and housing codes after conversion and shall maintain the 
exterior appearance and architectural style (roof line, roof pitch, building 
materials, colors, window style and spacing, etc) of the existing principal 
residence.  Apartments created through conversion, shall include separation of 
entrances or incorporation as one entrance to both the principal and accessory 
apartment, so that the entrances reflect a single family unit architectural style.