Accessory Dwelling Unit Text Amendments
What is an ADU?
Definition
An Accessory Dwelling Unit (ADU) is defined as a second dwelling unit either in or added to an existing single family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, for use as a complete, independent living facility with provision within the accessory unit for cooking, eating, sanitation, and sleeping.
Overview
To combat the housing affordability crisis within the Town of Easton, The Attainable Housing Task Force has been tasked with identifying potential solutions. One strategy determined was a wider use of Accessory Dwelling Units, or ADU’s. A wider implementation of ADU's can achieve the following outcomes:
- Can increase housing supply within existing neighborhoods while incrementally raising density
- Provide lower cost housing options for young professionals, essential workers, seniors, and single person households
- Help seniors age in place
In a similar effort to combat the statewide housing shortage, the State of Maryland passed new legislation regarding accessory dwellings. On behalf of the Maryland Association of Realtors, ZoneCo (a zoning consulting firm) was tasked with assessing the degree to which local jurisdictions satisfied the new legislation passed by the State.
To come into compliance with the new legislation in areas which ZoneCo determined to be problematic, and to implement its own ideas using ADU’s, the Town of Easton must make amendments to Article X of its Zoning Code. In doing so it will become compliant with the new law and enact the strategy identified by the The Attainable Housing Task Force.
The Attainable Housing Task Force Recommendations
The Attainable Housing Task Force has provided additional guidance beyond the minimum requirements to comply with State law.
Firstly, it suggests that a provision is made to recognize a type of ADU called a Junior ADU. A Junior ADU would be significantly smaller than an ADU (no larger than 500 sq. ft.) and would be located within the existing footprint of a home or an attached garage with a separate entrance. Junior ADU’s would still need a sink, counter, and smaller appliances, but would be permitted to share a bathroom with the primary dwelling, and the owner would be required to reside in the home.
The Attainable Housing Task Force also recommended that the maximum size of an attached ADU be limited to 800 sq. ft. and an attached ADU be limited to 50% of the primary home. The last recommendation was that ADU’s should be permitted in non-residential areas, which could allow them to become a more common structure going forward.
For further reading about the Town's ideas and concerns about amending the Zoning Code, see Relevant Documents.
Analysis by ZoneCo
The analysis by ZoneCO provides the following critique with regard to current Town of Easton ADU policies:
- ADUs must be permitted by right in every zoning district in which Single Family Detached homes are permitted by right. They are currently permitted only by special exception within the Town's zoning code.
- The term granny flat is no longer accurate, and has fallen out of favor because of misleading connotations. It should be substituted with the more relevant definition “ADU”.
- Owner-occupancy should not be required for the primary dwelling nor the accessory dwelling. Currently, the Town of Easton requires the owner to occupy the primary dwelling unit.
- Additional parking should not be a requirement if the primary dwelling unit has adequate off-street parking, or if there is on-street parking within 500 feet of the lot that can accommodate the need for parking.
- Maryland State law restricts the floor area of the ADU to be no greater than 75% of the gross floor area of the primary dwelling unit. The Town of Easton currently limits the maximum floor area to 900 square feet.
- The State recommends a maximum of two bedrooms within an ADU. There is currently no official limit within the Zoning Code.
- The State recommends that an ADU should have a direct exterior access that is not attached to the primary dwelling. It is also recommended that there could be an exception to this case if the entrance does not go into/through the primary dwelling unit. The Current Zoning Code does not address exterior access nor does it feature a provision regarding Front Door Access.
Required changes and recommendations by ZoneCO
- Amend the Easton ordinance to allow ADU’s by right in any district that allows single unit detached residential development (Required)
- Eliminate the term granny flat because anyone is permitted to occupy an ADU and thus it is an inaccurate term
- Preferably no owner occupancy requirement, but if there is a requirement, permit the owner to occupy either the primary dwelling or the ADU
- Recommended that in the case where there is adequate street parking, no additional parking be mandated for an ADU
- Adjust the maximum floor requirement to meet State regulation of no more than 75% of the gross floor area of the primary dwelling. Additionally, suggest that there be no minimum floor requirement to allow for a more flexible layout and greater room size
- Recommended the maximum number of bedrooms within an ADU be capped at two
- Mandate that ADU’s are clearly permitted by right given it is not in violation of other zoning requirements
- Recommended that a provision regarding Front Door Access be included in amendments
Policies (Required and Optional)
Requirements as determined by ZoneCO |
ADU’s Allowed by right within any zone allowing single unit detached residential development |
ADU’s may not be limited by:
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Construction of ADU’s must meet public health, safety, and welfare standards, "including relevant building codes and adequate public facilities provisions” |
Cannot require setbacks greater than the side or rear setbacks for accessory structures in the zoning district |
ADU defined as secondary dwelling unit that:
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ZoneCO Recommended (✅) and Other Optional Policies |
| ✅ Owner-occupancy is not required for either the ADU or the primary dwelling Alternative provision: Primary dwelling is required to be owner-occupied Alternative provision: Either the primary or additional dwelling must be owner occupied |
| ✅ No additional parking required given there is adequate on-street parking within walking distance of the lot or off street parking Alternative provision: One off street parking space required for an ADU Alternative provision: One parking space per bedroom required for an ADU |
| ✅ No minimum floor area Alternative provision: A specified minimum floor area |
| ✅ Maximum floor area is no greater than 75% of the gross floor of the primary dwelling (as described in State law) Alternative provision: Maximum floor area less than 75% |
| ✅ No more than 2 bedrooms permitted within an ADU Alternative provision: Only 1 bedroom permitted within an ADU |
| ✅ No restrictions regarding short-term rentals Alternative provision: An ADU may not be used as a short-term rental Alternative provision: ADU may only be used as a short-term rental if either the primary dwelling or the ADU is owner-occupied |
| ✅ ADU’s that meet all zoning criteria may be approved by staff without a public hearing |
| ✅ No specific requirement regarding vehicle access Alternative provision: Vehicle access from a public street |
| ✅ Mandate direct exterior access separate from the existing primary dwelling Alternative provision: No requirement for direct exterior access |
| ✅ ADU’s permitted on non-conforming lots/setbacks if the setback is not increased |
| Ordinance should not address sprinkler systems |
| ✅ ADU is not required to comply with the APFO Ordinance Alternative provision: ADU must comply with APFO requirements proportionate to the size of the ADU relative to the size of the primary dwelling Alternative provision: ADU must meet all APFO requirements if constructed at the same time as the primary dwelling |
| ✅ Assuming the public waterlines, sewer lines, and septic used by the primary dwelling have the capacity to allow it, an ADU may share them. |
Other Optional Provisions
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