§ XIIA. IN-LAW APARTMENTS

It is the intent of this section to allow parents and their children to live together where the need and desire exist; so long as the proposed living arrangement is not outweighed by an adverse impact upon the community, particularly the proliferation of unlawful rental units. Accordingly, a separate dwelling unit within or attached to another dwelling (existing or to be built), not otherwise allowable under this zoning ordinance, is allowable by special permit in all zoning districts where residential use is permitted by right or by preexisting use, provided that:

(a)

The in-law apartment is occupied by parents, grandparents, children or grandchildren, by blood or by marriage.

(b)

Dimensional requirements of the zoning ordinance are otherwise met for an attached unit or for new construction.

(c)

The gross floor area of the in-law apartment shall not exceed nine hundred (900) square feet. All new construction or additions to existing residential structures shall not to exceed seven hundred (700) square feet.

(d)

The zoning board of appeals may impose reasonable conditions granting a special permit, including the number of parking spaces (except that there shall be a minimum of one (1) additional space for the in-law unit).

(e)

Safety, health and building codes are met.

(f)

In order to become effective, the special permit granted under this section shall be recorded at the Essex South District Registry of Deeds and a copy of the recorded permit shall be provided to the inspector of buildings, who shall issue a certificate of occupancy if he finds compliance with this section.

(g)

In the eleventh and twenty-third months following the grant or renewal of a special permit hereunder, the homeowner shall certify, under the pains and penalties of perjury, that paragraph (a) herein is still being complied with; and shall file this certification with the building inspector and the zoning board of appeals.

(h)

The special permit shall expire:

(1)

If the certification is not filed pursuant to (g) herein;

(2)

If the in-law apartment ceases to be occupied as provided for herein; or

(3)

At the expiration of three (3) years from its granting unless the zoning board of appeals shall renew it upon application.

(i)

Where new kitchens/kitchen appliances have been added, they shall be removed within six (6) months of the expiration of the special permit, and the building inspector shall report such removal to the zoning board of appeals.

(j)

The zoning board of appeals may order an inspection of the premises for compliance hereunder at any time upon reasonable written notice to the homeowner.

(Ord. of 1-9-89)