An applicant shall submit the following information to the Code Enforcement Officer;
(1) The owner of the property shall occupy either the principal dwelling unit or the accessory apartment.
(2) The single family dwelling and the accessory apartment shall be in the same ownership. An accessory apartment shall not be sold separately from the principal dwelling unit. Continued occupancy of an accessory apartment upon sale or transfer of the property shall be conditioned on the new owner agreeing to the owner occupancy requirement.
(3) One (1) accessory apartment is permitted per lot.
(4) When creation of an accessory apartment changes the footprint of the structure, the addition shall conform to all space and bulk standards, except for density, in the zoning district where the property is located. An accessory apartment shall not be counted as a unit when calculating units per acre. The creation of an accessory apartment within a lawfully nonconforming structure is permitted provided that it does not increase the nonconformity of the structure and meets all other relevant standards of this chapter.
(5) If an addition or new construction is proposed or existing exterior features are proposed to be altered to accommodate an accessory apartment, the applicant shall document the proposed alterations, including but not limited to facade materials, building form, roof pitch and materials, and the placement of exterior doors and windows. The exterior features shall be designed to be compatible with the architectural style of the principal dwelling and shall preserve the single family appearance of the property. If the entrance to an accessory apartment is not the same as that for the principal dwelling unit, it shall be less visible from the street view than the main entrance of the principal dwelling unit and the front entrance for the principal dwelling shall be more dominant in appearance.
(6) If an addition or new construction is proposed, the orientation of an accessory apartment shall, to the maximum extent practical, maintain the privacy of residents in abutting properties as determined by the physical characteristics surrounding the accessory apartment, including but not limited to landscaping, screening, fencing, and window and door placement. The Code Enforcement Officer may require additional landscaping or buffering to preserve privacy of abutting residential properties and the single family character of the neighborhood. If the applicant disagrees with the Code Enforcement Officer's requirement for additional landscaping or buffering, he or she may request that the proposal be reviewed by the Planning Board.
(7) In no case shall an accessory apartment occupy more than forty percent (40%) of the living area of the principal dwelling unit or one-thousand (1,000) square feet, whichever is less, or have more than three (3) bedrooms.
(8) Parking may be in stacked layout and shall meet the minimum standards of this chapter, including Subsection (6), above. The location and amount of new impervious cover and parking shall be sized and situated so as to be compatible with adjacent properties and maintain the single family character of the neighborhood. If more than two (2) new parking spaces are proposed, the application shall require approval by the Planning Board under the standards in
§ 280-15-13: Accessory apartment.