Accessory Dwelling Unit Draft 9_2022TA22-02 – ADUs Text Amendment
2-5 New Hanover County, NC | Unified Development Ordinance
Section 2.3. Definitions and Terms:
ACCESSORY DWELLING UNIT (ADU) An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one or more persons, and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is located on the same parcel lot as the principal dwelling unit and may be either attached to or is detached from the principal dwelling.
Accessory dwelling units are also known as accessory apartments, ancillary units, secondary
dwelling units, carriage homes, mother-in-law suites, and granny flats. All shall be considered as an ADU.
TA22-02 – ADUs Text Amendment
4-62 New Hanover County, NC | Unified Development Ordinance
Section 4.4. Accessory Use and Structure Standards
4.4.1. PURPOSE
This section authorizes the establishment of accessory uses and structures that are customarily subordinate to principal uses, provided that the accessory use or
structure complies with all applicable standards in this section.
4.4.2. APPROVAL OF ACCESSORY USES AND STRUCTURES
All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with this use, unless specifically prohibited in this ordinance. All accessory uses shall be subject to the standards in this section, as well as any applicable use-specific standards required
for the associated principal use as set forth in this article.
4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
Table 4.4.3: Accessory Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning district. Permissions for the RFMU and EDZD districts are outlined in Article 3: Zoning Districts. The meanings of abbreviations in Table 4.4.3 are set forth in subsections A through C below.
A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted uses, except for exempt bona fide farm uses, are subject to all other applicable standards of this UDO.
B. An “S” in a cell indicates that the use is allowed only if reviewed and approved as a special use in accordance with 10.3.5, Special Use Permit. Special uses are subject to all other applicable standards of this UDO.
C. A blank cell indicates that the use is not allowed in the respective zoning district.
Table 4.4.3: Accessory Use Table
Key: P = Permitted by Right S = Special Use Permit Required blank cell = not allowed
Accessory Uses
Zoning Districts
RA
AR
R-20
S
R-20
R-15
R-10
R-7
R-5
RM
F
-L
RM
F
-M
RM
F
-MH
RM
F
-H
PD
UM
X
Z
B-1
CB
B-2
O&
I
SC
CS
AC
I-1
I-2
Accessory Dwelling Unit P P P P P P P P P P P P
Accessory Structure P P P P P P P P P P P P P P P P P P P P P P P
Accessory Use, Customary P P P P P P P P P P P P P P P P P P P P P P P
Dry Stack Boat Storage Facility, at a Marina
S S S S P P P P P P
Electronic Gaming Operation P P P P
Electric Vehicle Charging Station [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P
Farm Stand P P P P P P P P P
Home Occupation [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P
TA22-02 – ADUs Text Amendment
4-64 New Hanover County, NC | Unified Development Ordinance
4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
A. Accessory Dwelling Unit (ADU)
Detached accessory dwelling units shall be allowed in districts where permitted by right, subject to the following standards requirements:
1. Only one accessory dwelling unit per lot apartment shall be permitted. ADUs are only permitted on a lot with a single family detached principal dwelling. by right.
2. One Area sufficient for two off-street parking spaces shall be required for
the accessory dwelling unit required.
3. In all districts excluding RA, the detached dwelling unit shall be accessed
using the driveway that serves the principal dwelling unit and shall not be
accessed by a separate driveway.
4. If the property is served by a water/sewer utility provider, proof of adequate water and sewer capacity from the appropriate provider (CFPUA, etc.) shall be provided if accessory units are not included in subdivision approvals. If the property is served by well or septic, the unit shall comply with all the
well and septic standards of New Hanover County Environmental Health.
5. In the RMF and PD districts, accessory dwelling units apartments shall only be allowed when constructed in connection with any single family detached
dwelling development allowed within the district.
6. For conventional zoning districts the lot must meet minimum lot area
requirements. In conventional subdivisions, the subject lot must exceed the minimum lot area of the applicable zoning district by at least 50 percent or 5,000 square feet, whichever is less.
7. In performance subdivisions, accessory dwelling units having up to one
bedroom shall not be considered a dwelling unit for density requirements, otherwise and new accessory units may not increase density beyond the
maximum allowed in the applicable zoning district.
8. The total gross floor area of an accessory dwelling unit shall not exceed 1,000 square feet. The entire accessory unit shall not exceed 50 percent of the gross total enclosed heated square footage of the existing single-family dwelling or 1,200 square feet, whichever is less.
9. The side setbacks for the detached unit shall be no less than required for the principal structure and a minimum of five feet.
10. Rear setbacks for the detached unit shall be a minimum of five feet.
11. The detached accessory dwelling unit shall be located in the rear yard completely behind the plane of the front rear façade of the principal structure unless constructed over a detached garage.
12. In both conventional and performance subdivision developments, the
accessory dwelling unit shall be located a minimum of ten (10) feet from any other structure, including other accessory structures. The side
setbacks for the detached unit shall be no less than required for the principal structure and a minimum of five (5) feet. Rear setbacks for the detached unit shall be a minimum of five (5) feet.
13. An existing accessory structure can be converted to an accessory dwelling
TA22-02 – ADUs Text Amendment
4-64 New Hanover County, NC | Unified Development Ordinance
unit, if it meets all non-dimensional standards listed in Section 4.4.4.A, even if it does not comply with the built dimensions stated in Section 4.4.4.A. For
this ordinance, existing accessory structure shall not apply to any structure
built after the effective date of this amendment (Effective Date XX/XX/202X).
14. Must comply with Article 9 of the UDO Floodplain Requirements.
15. Property owners must provide verification that the proposed accessory
dwelling unit complies with the allocation of impervious surfaces allowed by the subdivision’s state stormwater permit.
16. A drainage plan subject to approval by New Hanover County Engineering
shall be required for any additions or new structures associated with the accessory dwelling unit.
17. Mobile homes, RVs, shipping containers, and manufactured homes shall
not be permitted as accessory dwelling units.