(A) Purpose. The purpose of these provisions for all accessory dwelling units (ADUs) is to allow the efficient use of existing housing stock, parcels of land, and community infrastructure, and to increase the number and variety of residential units while respecting the scale and character of existing neighborhoods.
(B) General provisions. Accessory dwelling units (ADUs) are allowed as permitted uses in Low Density Residential, High Density Residential, Commercial, Light Industrial 1 and Light Industrial 2 Zoning Districts, subject to the following standards:
(1) An ADU can only be located on a property containing one single-family detached dwelling. The property may contain other accessory structures and uses as permitted in this section.
(2) No more than one ADU shall be permitted per residential lot.
(3) ADUs shall not be larger than 50% of the living area of the primary residence, or 800 square feet, whichever is lesser.
(4) An ADU must comply with all applicable minimum building setback requirements and a detached ADU cannot extend beyond the front of the primary residence.
(5) An ADU must be properly permitted, inspected, and comply with all applicable standards of the State Building Code and Kill Devil Hills Town Code.
(6) The owner must obtain a permit from the County Environmental Health Department that the existing wastewater system can accommodate or be improved to accommodate the establishment of an ADU.
(7) ADUs shall be parked in accordance with § 153.076
Off Street Parking and Loading.
(8) Recreational vehicles, travel trailers and/or manufactured homes shall not be used or approved as an ADU.
(9) An ADU shall not be subdivided or segregated in ownership from the principal dwelling unit.
(10) An ADU in Low Density Residential and High Density Residential Zoning Districts shall only be occupied for long-term occupancy as defined in § 153.002. Property owners shall be required to execute and record, with the Dare County Register of Deeds, a long-term use agreement declaring that the dwelling unit shall be used only for long-term occupancy in perpetuity prior to issuance of a building permit.
(Ord. 17-28, passed 3-8-21; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-18, passed 4-26-23)