19. Can a municipal bylaw permit accessory dwellings that are larger than 30% of the total habitable floor space of the single-family dwelling?
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20. Can a municipality permit an accessory dwelling that is (for example) 500 feet away from the primary dwelling?
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21. A municipality must permit accessory dwelling units that are within or "appurtenant" to an owner-occupied single-family dwelling. Is the term "appurtenant" defined in state law, or anywhere else?
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22. Can the owner of the single-family primary dwelling occupy the accessory apartment and rent out the larger, formerly primary dwelling?
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23. Can a condominium contain an accessory dwelling?
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24. What are the wastewater permit requirements for accessory apartments? For example, is a state wastewater permit required for accessory apartments?
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Yes. At the very least, a municipality must allow single-family dwellings to have an accessory dwelling, which may be up to 30% of the total habitable floor space of the main dwelling. A bylaw may be more permissive of accessory apartments, in that it can permit accessory apartments to be larger than 30% of the single-family dwelling. On the other hand, bylaws cannot define accessory apartments as anything smaller than 30% of the total habitable floor space of the single-family dwelling. 24 V.S.A. § 4412(1)(E)(ii).

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Yes, provided the structure is truly "accessory" and not a second primary dwelling. Vermont law merely prohibits a municipality from excluding, as a permitted use, an accessory dwelling that is attached or "appurtenant" to an owner-occupied single-family dwelling. A municipal bylaw could broaden the definition of appurtenant to include anywhere on the same parcel as the primary structure. 24 V.S.A. § 4412(1)(F)(i).

Most zoning bylaws prohibit having more than one primary structure on a parcel. A satellite "accessory apartment" built on the same parcel may be more akin to a second primary dwelling, if not carefully defined in a bylaw.

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While the term "appurtenant" is not defined in Ch. 117, the Collaborative believes that the intent of the new law is that the word means "next to" an owner-occupied single-family dwelling. It is recommended that municipalities further define the word in their zoning bylaw. Bylaw drafters may wish to have the word mean "physically attached," or may broaden the term to mean "incidental or subordinate to the primary dwelling." Additionally, those municipalities choosing the broader meaning of the term may wish to include a permissible measurable distance between the two structures.

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Yes, if the municipality's bylaw permits. Again, a municipality may be more permissive of accessory dwellings. This must be clearly delineated in the zoning bylaw. 24 V.S.A. § 4412(1)(F)(i).

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Presumably yes, if the municipality's bylaws permit such an accessory dwelling and the apartment is truly accessory to the condominium, and not another primary structure. Recall that an accessory apartment is defined as "an efficiency or one-bedroom apartment that is clearly subordinate to a single-family dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation, and has sufficient wastewater capacity, does not exceed 30% of the total habitable floor space of the single-family dwelling, and applicable setback, coverage, and parking requirements specified in the bylaws are met." 24 V.S.A. § 4412(1)(E), (F).

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Accessory apartment owners must ascertain in each case whether a wastewater permit or amendment is required. Most municipal wastewater ordinances will apply until July 1, 2007. After that date, a state wastewater permit will be required, unless that municipality has been delegated septic permitting authority by the Agency of Natural Resources. 10 V.S.A. Ch. 64. While municipalities have the clear authority to be more permissive of accessory apartments than state law, it is unlikely that they have the authority to roll back the minimum wastewater requirements. 24 V.S.A. § 4412(1)(F).

If the property is connected to a municipal sewer system, the accessory apartment may require a sewer allocation permit from the municipality.

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