PLANNING COMMISSION
TOWN OF RICHMOND
NOTICE OF PUBLIC HEARING

The Richmond Planning Commission shall hold a public hearing in the Richmond Town Center meeting room at 203 Bridge Street on Wednesday, January 4, 2017 beginning at 7:00 PM to consider the following changes to the Richmond Zoning Regulations, dated March 30, 2015. Proposed changes are to Section 5.9 Accessory Dwellings and Chapter 7. Definitions. The Planning Commission proposes the following:

5.9 Accessory Dwellings
5.9.1 Permitted Use - In accordance with the Act [§4412(1)(E)], one accessory dwelling within or appurtenant to a single-family dwelling, or within or appurtenant to an existing accessory structure to the single-family dwelling, may be allowed as a permitted use to a single-family dwelling, except within the Flood Hazard Overlay District (new Accessory Dwellings are prohibited within the Flood Hazard Overlay District), subject to the issuance of a Zoning Permit by the Administrative Officer, and all of the following requirements:
a) Either the single-family dwelling or the accessory dwelling must be occupied by the owner or by the owner’s spouse, civil union partner, parents or legal children.
b) The accessory dwelling must be at all times owned by the same party that owns the single family dwelling.
c) The accessory dwelling shall be an efficiency, one-bedroom, or two-bedroom apartment that is clearly subordinate to the single-family dwelling and has facilities and provisions for independent living, including sleeping, food preparation and sanitation.
d) The accessory dwelling shall not exceed 75% of the total habitable floor area of the single-family dwelling or up to 1,000 square feet, or whichever is less. In cases where the State Statutory minimum of 30% of the total habitable floor area of the single family dwelling exceeds the Town maximum, the State minimum shall take precedence over the Town maximum.
e) The property shall have sufficient wastewater capacity.
f) The accessory dwelling shall meet all applicable setback, coverage and parking requirements for the principal dwelling as specified in these Zoning Regulations. If the accessory dwelling is to be located in a nonconforming structure, it shall not increase the degree of nonconformance, except in accordance with Section 4.7
5.9.2 Conditional Use - Conditional use approval by the DRB under Section 5.6 found. Shall be required for an accessory dwelling for which any of the following also apply:
a) The accessory dwelling is to be located within a new single-family dwelling in a district in which conditional use review is required for single-family dwellings.
5.9.3 Conditions of Approval – In addition to any other conditions of approval, the Zoning Permit issued for an accessory dwelling shall clearly state that the dwelling is allowed only as an accessory to the primary, principal single-family residential use of the property and as such shall be retained in common ownership. An accessory dwelling may be converted and/or subdivided for conveyance or use as a principal dwelling only if it is found to meet all requirements of applicable municipal and state regulations for a two-family dwelling (for an attached unit) or for two single-family dwellings (for a unit in an accessory structure), including all lot, density and dimensional requirements for the zoning district in which it is located. All applicable municipal permits and approvals shall be obtained prior to conversion or conveyance as a principal single-family dwelling.

7. Definitions
7.2 Specific
For the purpose of these Zoning Regulations, certain words and terms are hereby defined as follows:
Accessory Dwelling - One accessory dwelling per lot includes efficiency, one-bedroom, or two bedroom apartment that is located within or appurtenant to, and is clearly subordinate to a single-family dwelling; is on the same lot as the single-family dwelling; has the facilities and provisions necessary for independent living, including sleeping, food preparation, and sanitation; and that also meets the requirements of these Zoning Regulations (see Section 5.9), in accordance with the Act (§4412).

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