Section 6-205 Secondary Unit Variance
The P&Z Chair may only grant variances to the dimensional limitations of this Title to allow the development of a secondary residential dwelling unit when it is determined that the variance is consistent with the purpose of this Title and all of the following criteria have been met:
6-205.A. Secondary Unit as Living Space. The variance enables the use of a new or existing secondary structure as a dwelling unit, for which a certificate of occupancy shall be obtained within two (2) years of the granting of the variance, or the variance shall be rendered null and void.
6-205.B. Parking. The variance is granted in conjunction with the establishment of legal parking space.
6-205.C. Deed Restriction. The dwelling unit created by the granting of the variance is deed restricted pursuant to the Town’s employee or affordable dwelling unit deed restriction.
6-205.D. Limits. Variances to the dimensional limits of this Title shall not exceed or be increased by more than two (2) feet in height, eighteen (18) inches in yard setbacks, and ten (10) percentage points above allowable site coverage limits.
6-205.E. Objection. Any objection submitted in writing by an abutting property owner must be addressed by the P&Z Chair within a written finding adopted within the granting of the variance.
6-205.F. HARC Recommendation. If a rated structure is or will be located on the property subject to the variance, a review and recommendation of the HARC Chair shall be submitted. In the case of a relocation of a rated or non-rated structure, approval of HARC of the relocation shall be obtained prior to the consideration of the variance.
6-205.G. Density. The dwelling unit created by the granting of the variance shall comply with all density limits authorized under this Title.