The following language is MHTforADUs preferred language for an amendment to the city Manchester's current regulatory framework for Accessory Dwelling Units. The struck language is language that is proposed to be removed by underlined language is proposed to be added. The remaining language is proposed to remain without changes. If you support this language or have questions about it, please leave a comment below and we here at MHTforADUs will do our best to answer questions in a timely manner.
City of Manchester
New Hampshire
In the year Two Thousand and Nineteen
Where-as:
The State of New Hampshire through RSA 674:73 empowers the City of Manchester to permit “Detached Accessory Dwelling Units”. Where the development of such units would address the City of Manchester’s housing supply shortage and affordability constraints. Where such units would not require the creation of additional infrastructure or further development of raw land. Where the number of single family homes in the city exceeds 30,000 units and of which 138 of them have an approved accessory dwelling unit and where the number of annual accessory dwelling unit hearing requests is below ten. Also, where the development of such units would facilitate economic benefit for residents and the local economy.
An Ordinance:
“Amending the City of Manchester Zoning Ordinance Amending the Definition of an accessory dwelling unit to include detached structures, amending Section 8.26, subsection A to strike language limiting accessory dwellings to within the single family home, amending section 8.26, subsection D to include language to allow applicants for conditional use permits to demonstrate on-street parking capacity in-lieu of meeting off-street parking requirements, amending section 8.26 subsection F to acknowledge a connecting door is not possible in a detached condition, amending section 8.26 subsection G to allow applicants to obtain a conditional use hearing with limited requirements to hire professional engineers to produce site plans, amending section 8.26 to include subsection I to clarify accessory dwelling units are consistent with the single family dwelling in the application of the building code.
BE IT ORDAINED, By the Board of Mayor and Alderman if the City of Manchester,
The following amendments to the City of Manchester’s Zoning Ordinance:
Definition:
“Dwelling Unit, Accessory: A residential living unit that is within or attached to a single-family dwelling or is located in a detached structure on the same parcel as 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 principal dwelling unit it accompanies. (last amended 05/02/17)”
Section 8.26, subsection A
One per home. Not more than one accessory dwelling unit shall be permitted per parcel., and only within a single family, detached residence or its attached garage, except those portions of the garage necessary to provide required off-street parking for the use;
Section 8.26, subsection D
Parking. One additional off-street parking space shall be provided for each bedroom of an accessory dwelling unit. An exception to this requirement may be permitted where the frontage of a property is on a street with on-street parking and the owner has presented sufficient evidence that on-street parking capacity is available. Capacity may be demonstrated by documenting on-street parking occupancy rates in front of the property in the evening hours over a continuous non-holiday 7-day period;
Section 8.26, subsection F
Design and Construction. At least one (1) connecting door for persons to pass between the primary residence and the accessory dwelling unit shall be provided, except in instances where the accessory dwelling unit is in a detached structure. No new entrance or exit to the accessory dwelling unit shall be constructed on the street side of the primary residence. Exterior design and construction shall be consistent with that of the primary residence;
Section 8.26, subsection G
Conditional Use Permit Required. As authorized by RSA 674:21(1), a conditional use permit from the Planning Board, in accordance with Article 12, shall be required to allow an accessory dwelling unit. Where a plot plan for an accessory dwelling unit has been produced by the owner/applicant for a conditional use permit application, they are not required to produce a survey or site plan to proceed with a hearing by the planning board. In addition to the criteria set forth in Article 12 for a conditional use permit, the Planning Board must also find that the exterior of the accessory dwelling unit is architecturally consistent with the single-family dwelling based on the following criteria:
1. Color or color scheme;
2. Architectural style;
3. Materials and trim;
4. Proportion and style of windows, doors, and other elements; and
5. Massing of the accessory dwelling unit with respect to the single-family dwelling.
Section 8.26, subsection I
Applicable Building Code. All accessory dwelling units shall be consistent with the single-family home in the application of City of Manchester building code regulations and shall not be required to adhere to the “Manchester Housing Code” for residential rental properties.