That the zoning amendment to section 4.22 of the zoning code, with strikeouts and highlighting to identify proposed changes for discussion, be forwarded to the Planning Board and the Ordinance Committee for their review as a zoning solution to the challenges posed by current zoning constraints regarding accessory dwelling units

4.22.1 In all districts the Board of Zoning Appeal may grant a special permit for alteration or new construction of a single family, or two-family, detached dwelling or accessory structure to provide one accessory apartment if the following conditions are met: 1. Only one accessory dwelling unit is allowed on any lot 1. The dwelling has not been substantially enlarged since built. The addition in the aggregate of two hundred and fifty (250) square feet or more of gross floor area shall be considered a substantial enlargement. 2. Prior to alteration or new construction the principal dwelling contains at least one thousand eight hundred (1,800) square feet of gross floor area. 3. The lot on which such accessory apartment is located contains at least five thousand (5,000) square feet of lot. 4. Such accessory apartment shall not occupy more than nine hundred (900) square feet or thirty-five (35) percent of the gross floor area of the principal dwelling, whichever is less,. and shall not be located in a garage. 5. The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence. Prior to issuance of a building permit, the owner(s) must submit a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner’s primary residence. Subsequent changes in ownership does not remove the requirement for the owner(s) of the accessory dwelling unit to live in one of the dwelling units as their primary unit. 6. Any existing two-family home may be converted to a single family home with accessory unit by right, without need for a Special Permit. In granting a special permit the Board may impose such conditions, including requirements for off street parking and limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board of Zoning Appeal shall evaluate each special permit application which involves exterior changes with the appearance of and character of the neighborhood and may require that there be no change or minimal change to any face of a building oriented toward a public way or visible from a public way. 4.22.12 Accessory Structure Apartment. An accessory apartment in an accessory structure on the same lot may be allowed by Special Permit if the following criteria are met: 1. The gross floor area of the apartment does not exceed 1,000 square feet. 2. The Special Permit Granting Authority determines that the exterior appearance of the accessory structure is compatible with the principal dwelling on the same lot and with dwellings and accessory structures on adjoining lots.