A. Intent: It is recognized that, while persons in Woodridge who are sixty two (62) years old or older may seek to live independently, insufficient incomes or needs for services may make it impossible for such persons to maintain separate households. By permitting an accessory unit to be maintained in single-family dwellings in the single-family districts of the village, these individuals will be afforded a means of obtaining the additional income and security which will enable them to remain in the homes they own and occupy. In addition, other persons owning and occupying single-family dwellings in these districts will be provided with a means of caring and providing companionship for relatives who are at least sixty two (62) years of age.
B. Requirements For A Permit For Accessory Housing: An accessory unit may be maintained in a single-family dwelling as an accessory use in the R-1, R-2 and R-3 districts, upon issuance of a permit for the accessory unit by the zoning officer. Conversion of the dwelling and maintenance of the accessory unit and primary unit must conform to the following requirements:
1. Only one accessory unit may be maintained in a converted dwelling.
2. The total floor area of an accessory unit shall not exceed the larger of either seven hundred (700) square feet or thirty five percent (35%) of the area of the principal structure in square feet. Any new construction to accommodate an accessory unit shall not increase the size of the original structure by more than twenty percent (20%).
3. The accessory unit shall be structurally part of the converted dwelling; no accessory unit or portion thereof shall be maintained in an accessory building.
4. The converted dwelling must conform to all applicable yard and bulk requirements.
5. The converted dwelling must conform to all applicable building code requirements for habitable rooms with respect to privacy, light, ventilation, heating floor area and ceiling height.
6. Floor plans for the construction of the accessory unit and for reconversion of both the primary unit and the accessory unit to a single-family dwelling after the expiration of the permit must be submitted with the application for the permit.
7. The exterior of the converted dwelling must retain the appearance of a single-family dwelling. The number of exterior entries on the front of the converted dwelling shall be the same number as prior to its conversion.
8. At least one of the occupants of a converted dwelling must be the legal or beneficial owner of the property. At least one of the occupants of the converted dwelling must also be sixty two (62) years old or older. Additionally, the occupants of the primary unit must be related to the occupants of the accessory unit by blood, marriage or adoption.
9. By January 31 of each year after the occupancy permit for the accessory unit is issued, all owners of the property shall file an affidavit, on a form as supplied and approved by the village, along with the annual renewal fee, with the zoning officer certifying that the property complies with subsections B1 through B8 of this section on the date of the filing.
C. Expiration Of Permit: Every permit for accessory housing shall expire by its own terms if the property or use fails to conform with any of the requirements of subsections B1 through B9 of this section, or if an affidavit is not filed in accordance with subsection B9 of this section. The expiration date shall be thirty (30) days after the date on which the property or use first fails to conform with these requirements or thirty (30) days after the date on which the affidavit was to have been filed. The permit shall not expire, however, if the property is brought into conformity with the requirements of subsections B1 through B9 of this section, or if the affidavit is filed as required prior to the expiration date. Every permit for accessory housing shall also expire when the owner of the converted dwelling ceases to occupy the converted dwelling or when he or she conveys any portion of his or her interest in the property, unless the conveyance is to a trust of which that owner is a beneficiary or to a person residing in the converted dwelling who is a blood relative of the occupant of the other unit of the converted dwelling and the zoning officer is notified of such transfer.
D. Reconversion To Single-Family Dwelling: Reconversion of the property to a single-family dwelling shall be completed within one hundred twenty (120) days of any expiration of a permit for accessory housing. The zoning officer may extend the period of conversion for just cause shown. The property shall be reconverted according to the plans submitted at the time of application for the permit. (Ord. 96-25, 6-13-1996)