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Also attached to this agenda item: ADU Presentation ADU Amendments ADU Amendments revised 1.10.23 Accessory Apartment Regulations s Sep 2023 Accessory Apartments as of Sept 2023 Croton Housing Task Force Report Current Village Law on Accessory Apartments Ethan Lewis Croton ADU Code Amendments Draft 20230914 Memo from Village Planning Board on draft ADU law Westchester County Model ADU Ordinance

Current Village law DraŌ Amendment County Model Law Planning Board Comments Ethan Lewis Comments LocaƟon Accessory apartments permited in single-family detached dwellings in residenƟal districts Accessory apartments and cotages permited in single- family detached dwellings and in accessory structures in residenƟal districts Accessory apartments and cotages permited in any residenƟally zoned lot Accessory apartments permited in single-family detached dwellings in residenƟal districts. Accessory cotages permited in exisƟng conforming structures in all residenƟal districts except RA- 5. New accessory cotage units permited in RA-25, RA-40 and RA- 60 districts Accessory apartments and cotages permited in single- family detached dwelling and in accessory structures in single- family and two-family residenƟal districts Accessory Cotage RegulaƟons Not permited Must comply with all accessory structure regulaƟons. Any such structure must have a minimum setback of 10 feet except those conforming structures in existence at the date of adopƟon may have setbacks less than 10 feet ADUs exempt from density standards. Maximum height permited shall be 20/25 feet or the height of the primary dwelling. Must be located at least six feet behind the primary dwelling unless cotage is in an exisƟng structure. ADU may not encroach within exisƟng yard setbacks. Must comply with all accessory structure regulaƟons. New cotages permited on lots with a minimum size of 25,000 sqŌ. Non- conforming (do not meet setbacks) accessory structures on lots larger than 25,000 sqŌ can be used as accessory cotages. Must comply with all accessory structure regulaƟons. Any such structure must have a minimum setback of 5 feet except those conforming structures in existence at the date of adopƟon may have setbacks less than 5 feet. Planning Board can approve a greater building height on a case-by-case basis Owner- occupied Yes Yes Yes Yes Yes Planning Board approval Yes, for new units; approval become void upon change of ownership, death of owner or change of residence for owner. If new owners wish to conƟnue use, must apply to Planning Board again. Yes, for new units; if ownership changes, and the new owners wish to use accessory apartment, the Building Department shall be noƟfied within 90 days to confirm compliance with law. No, approved by Building Inspector Yes, for new units; approval become void upon change of ownership, death of owner or change of residence for owner. If new owners wish to conƟnue use, must apply to Planning Board again. Yes, for new units. MulƟple Accessory Dwelling No No No No No Units permited on One Lot Accessory Dwelling Unit permited on lot with professional office No Yes Yes No Yes Planning Board Factors to Consider Character, degree and extent of any addiƟons to dwelling unit Character, degree and extent of any addiƟons to dwelling unit or new accessory structure N/A Character, degree and extent of any addiƟons to dwelling unit or new accessory structure Character, degree and extent of any addiƟons to dwelling unit or new accessory structure Visibility from Street Separate access shall not be viewable from the street. Building must maintain character and appearance of single-family dwelling Separate access shall not be viewable from the street. Building must maintain character and appearance of single-family dwelling Separate access shall not be viewable from the street unless addiƟonal entrances were visible before ADU creaƟon. Separate access shall not be viewable from the street. Building must maintain character and appearance of single-family dwelling Separate access; may be viewable from the street Building Permit fees Regular fees apply for any addiƟons Accessory dwelling unit fees shall be reduced by 50% Shall be no greater than 30% of building permit fees Accessory dwelling unit fees shall be reduced by 50% Accessory dwelling unit fees shall be reduced by 50% Habitable floor area for ADU in dwelling unit No less than 400 sqŌ and no more than 750 sqŌ or 33.3% of habitable floor area of the dwelling No less than 300 sqŌ and no more than 800 sqŌ or 40% of habitable floor area of the dwelling No greater than 800 sqŌ or the size of the primary dwelling unit. No less than 300 sqŌ and no more than 800 sqŌ or 40% of habitable floor area of the dwelling No greater than 1000 sqŌ. Planning Board has authority to approve larger units on case- by-case basis Habitable floor area for ADU in accessory structure N/A No less than 400 sqŌ and no more than 800 sqŌ or larger than the primary dwelling. Planning Board has authority to approve smaller or larger units on case-by-case basis No greater than 800 sqŌ or the size of the primary dwelling unit. No less than 400 sqŌ and no more than 800 sqŌ or larger than the primary dwelling. Planning Board has authority to approve smaller or larger units on case-by-case basis No greater than 1000 sqŌ. Planning Board has authority to approve larger units on case- by-case basis Off-street parking Must have a minimum of three off-street parking spaces; dwellings in the RA-5 district cannot expand exisƟng parking to meet requirements No addiƟonal parking is required; but Planning Board shall assess parking on a case-by-case basis and may require addiƟonal parking. All exisƟng parking for primary dwelling must be maintained. No seasonal parking permits shall be granted to a property with an ADU unless issued prior to adopƟon date. No addiƟonal parking is required. ExisƟng parking must be maintained or replaced off- street. To be determined No addiƟonal parking is required. If parking is removed, off-street space must be provided for 2 vehicles on a lot with single-family dwelling and 3 vehicles on a lot with a two- family dwelling. No seasonal parking permits shall be granted to a property with an ADU unless issued prior to adopƟon date. SepƟc service If not on Village sewer system, health department approval is required before Planning Board approval. If not on Village sewer system, health department approval is required before Planning Board approval. If not on Village sewer system, health department approval is required before Planning Board approval. If not on Village sewer system, health department approval is required before Planning Board approval. If not on Village sewer system, health department approval is required before Planning Board approval.