Many people in Andover are living in houses larger than they currently need. Some of those people want to be able to use that space for another family to live without the process of creating an apartment building.

At the same time, there are people looking for small living spaces because of new jobs in the area, completion of school, or changes in family. The Planning Board is proposing a way of dealing with both needs at the same time.

The Planning Board was developing a proposed amendment to the Zoning Ordinance which would allow Accessory Dwelling Units (ADU) in existing residences. Simultaneously, the lawmakers in Concord passed a new law requiring towns to offer Accessory Dwelling Units. The Planning Board has developed a plan that meets Andover’s situation instead of allowing the state to tell us how to do it.

The Andover Planning Board wants to provide residents with the opportunity to allow Accessory Dwelling Units in our community.

What is an Accessory Dwelling Unit? An ADU is defined as a residential living unit that is within or attached to a single-family dwelling and provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principle dwelling unit it accompanies.

There are many important benefits associated with the creation of ADUs:

• Increasing the supply of affordable housing without the need for more infrastructure or further land development
• Benefiting ageing homeowners, single parents, recent college graduates saddled with significant student loan debt, caregivers, and disabled persons
• Integrating affordable housing into the community with minimal negative impact
• Providing elderly citizens with the opportunity to live in a supportive family environment with both independence and dignity

Why is this important to Andover? A new State of New Hampshire law effective June 1, 2017 will allow an attached ADU as a matter of right, or by conditional use permit, or by special exception, in all zoning districts that permit single family dwellings.

• Andover’s Zoning Ordinance does not mention ADUs, so if Andover does not adopt an ordinance for ADUs, they will automatically be deemed permitted by New Hampshire state law.
• A guiding principle of Andover’s Master Plan identifies the concept of providing choices in housing types. One priority is to maintain Andover’s small town and rural character.

What can you do? The Andover Planning Board has drafted a proposed warrant article to the Zoning Ordinance and encourages public input and support.

• Attend one of the public hearings to be held on Tuesday, December 13, and Tuesday, January 10 at 7:30 PM in the Andover Town Hall meeting room. This is an opportunity to review and accept comments from the public on the proposed warrant article.
• Read the proposed warrant article that will appear on the ballot to be voted on during voting on March 14. See page ?? of the December/January issue, or read it on the Town Web site at Andover.NH.us.
• E-mail your comments or questions to Planning Board Chair Nancy Teach at NanceTeach@nullgmail.com. These e-mails will be included in the public hearing minutes.
• Vote in favor of the ADU update to the Andover Zoning Ordinance during voting on March 14.

Draft – Accessory Dwelling Unit

Andover Planning Board

Proposed Warrant Article for the Zoning Ordinance – March 14, 2017

ARTICLE X–: ACCESSORY DWELLING UNITS

A. Purpose

Pursuant to RSA 674:71-73, the purpose of this article is to allow Accessory Dwelling Units (ADUs) in appropriate zoning districts in order to:

1. increase the supply of affordable housing without the need for more infrastructure or further land development;
2. provide the opportunity for small rental housing units to meet the housing needs of single persons and couples, recent college graduates, aging homeowners, caregivers and disabled persons;
3. improve the inventory of affordable housing;
4. allow the efficient use of the Town’s existing stock of dwellings and accessory buildings;
5. provide elderly citizens with the opportunity to live in a supportive family environment with both independence and dignity; and
6. protect and preserve the rural one-family residential character of the Town.

B. Definition

An Accessory Dwelling Unit (ADU) is a dwelling unit that is accessory to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation, on the same parcel of land as the single-family dwelling it accompanies.

C. Provisions

1. Only one (1) ADU shall be permitted for each single-family dwelling.
2. An ADU shall not be permitted on lots with multiple existing dwelling units.
3. The ADU shall provide independent facilities for sleeping, eating, cooking and sanitation.
4. Unless a Special Exception is granted by the Board of Adjustment, the ADU shall be attached to or within the single-family dwelling. There shall be a common wall and connecting door between the single-family dwelling and the ADU.
5. The ADU shall have an independent means of ingress and egress, or shall have ingress and egress through common space such as a shared hallway to an exterior door.
6. The entrance to the ADU shall be from the side or rear of the building unless it is from the inside of the main entrance. A second front entrance for handicapped access may be granted by the Board of Adjustment by Special Exception if no other option is available.
7. Except in the Forrest and Agriculture (FA) District, a detached ADU may be permitted by Special Exception granted by the Board of Adjustment. Any such detached ADU must comply in all other respects with the purposes and requirements of this Article. No new structure may be built for the principal purpose of constructing a detached ADU.
8. Either the ADU or the single-family dwelling shall be the primary residence and legal domicile of the owner of the property.
9. The ADU and the single-family dwelling shall permanently remain under common ownership.
10. The interior floor area of an attached ADU shall not exceed the lesser of fifty percent (50%) of the interior floor area of the single-family dwelling or one thousand six hundred (1,600) square feet.
11. The interior floor area of a detached ADU shall not exceed the lesser of:
    1. fifty percent (50%) of the interior floor area of the smaller of the single-family dwelling or the detached building in which the ADU is to be located, or
    2. one thousand six hundred (1,600) square feet.
12. There shall be no more than two bedrooms in an ADU.
13. An ADU shall be provided with at least one (1) off-street parking space of not less than two hundred (200) square feet on the lot on which it is located.
14. The external appearance of the single-family dwelling and ADU, and of any detached building in which an ADU is permitted, shall be consistent with the rural one-family residential character of the Town.
15. There shall be adequate water supply and sewage disposal for the ADU together with the single-family dwelling in compliance with RSA 485-A:38 and regulations adopted by the New Hampshire Department of Environmental Services.
16. A Building Permit and a Certificate of Completion are required in accordance with Article VII. No ADU may be occupied without a Certificate of Completion.

D. Minimum Lot Dimension and Similar Requirements

1. All provisions of this Zoning Ordinance applicable to a single-family dwelling shall also apply to the combination of a single-family dwelling and an ADU.
2. A single-family dwelling with an attached ADU shall not be required to meet additional requirements for lot area, frontage, space limitations, or other controls beyond what would be required for a single-family dwelling without an ADU. In the case of a detached ADU, the Board of Adjustment may require a minimum lot size, minimum frontage, space limitations, or other controls in determining whether or not to grant a Special Exception, or as a condition thereof.
3. Without limitation of the foregoing, an ADU or any construction in connection with an ADU shall comply with all structure setback requirements.