Accessory Apartment Guide

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DEPARTMENT OF PLANNING AND ZONING
CUSTOMER ASSISTANCE GUIDE

ACCESSORY APARTMENT REGULATIONS
REVISED MAY 2006

Accessory Apartments, sometimes referred to as "In-Law Apartments" or "Granny Flats", are permitted in most Zoning Districts, subject to the following conditions:

1.	In the I-1 and EC Districts, accessory apartments shall only be permitted on properties on which a house existed as of the effective date of this condition (05/01/06) unless the house and apartment are constructed on an approved family conveyance lot; and
2.	In all Districts, only one accessory apartment shall be created on each single-family lot. See Section 8-1.05.D.3 for provisions regarding accessory apartments in the Critical Area; and
3.	the accessory apartment shall be clearly subordinate to the single-family dwelling.
	a.	If the apartment is not a part of the dwelling, it shall be within 100 feet of the dwelling. In no case shall it contain more than 900 square feet gross floor area of enclosed space, including enclosed porches.
	b.	If the apartment is contained within the dwelling (i.e., as an addition or wing), then it shall contain no more than 40 percent of the total square footage of the building.
	c.	If the apartment is located in the basement of the dwelling, then it can consist of the entire basement; and
4.	An owner of the lot shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences as determined by the Zoning Officer; and
5.	at least two off-street parking spaces shall be available for each unit; and
6.	the owner shall obtain Health Department approval; and
7.	the accessory apartment shall be located within the building restriction lines required for the principal dwelling; and
8.	only one kitchen shall be permitted within the accessory apartment.

If the above conditions can be met, a building permit is required prior to construction of the accessory apartment. Floor plans must be submitted with the building permit application. See the Customer Assistance Guide Entitled, “Accessory Structures & Additions” for more information. Accessory apartments may also be eligible for “fast-tracking”, which is a "while you wait" permitting process for residential additions and accessory structures not located in the Critical Area. Contact the Division of Inspections & Permits for more information about this process.