ADU – The Accessory Dwelling Unit 190-32

The state has passed this into law, and Nashua must now address ADUs.

Here are the current codes:

Accessory dwelling units and accessory apartments.
A.
Applicability. This section applies to any accessory apartment or accessory apartment.
B.

Standards.
(1)
The accessory dwelling or accessory apartment shall be clearly incidental and subordinate in extent, use, and purpose to the primary structure and does not exceed 30% of the gross floor area of the structure up to a maximum of 700 square feet.
(2)
The accessory dwelling or accessory apartment shall be the only accessory dwelling unit within the one-family dwelling.
(3)
The accessory dwelling or accessory apartment shall not alter the single-family character or appearance of the single-family dwelling or its conformity with the character of the neighborhood.
(4)
The accessory dwelling or accessory apartment is not used for rental purposes by persons other than blood or marriage relatives of the one family dwelling of which it is a part, or by individuals related to occupants of the primary dwelling through adoption, or other legally sanctioned or created arrangement.
(5)
The owner of the property must occupy either the primary or accessory dwelling unit.
(6)
The owner of the property shall provide the City of Nashua with a covenant for filing with the Hillsborough County registry of deeds, along with the appropriate filing fees. The covenant shall read substantially as follows:
“_____ of _____ covenants and agrees that the property located at _____ contains an accessory dwelling as defined by the City of Nashua Land Use Code (ยง 190-264 of Article XLII). That use of the property is permitted as a special exception granted by the Zoning Board of Adjustment on __________,_____. The continued use of the accessory dwelling unit is conditioned upon compliance with all current and subsequently adopted ordinances and statutes applicable to the property.”

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