SB 146 NEW RULES FOR ACCESSORY DWELLINGS March 17, 2016 NH - - PowerPoint PPT Presentation

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SB 146 NEW RULES FOR ACCESSORY DWELLINGS March 17, 2016 NH - - PowerPoint PPT Presentation

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SB 146 NEW RULES FOR ACCESSORY DWELLINGS March 17, 2016 NH Audubon Concord, New Hampshire ADUs What Are They? Early 20 th century a common feature in SF homes A second, smaller dwelling on the same grounds as a single-family

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SB 146 – NEW RULES FOR ACCESSORY DWELLINGS

March 17, 2016 NH Audubon Concord, New Hampshire

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ADUs – What Are They?

 Early 20th century – a common feature in SF homes  A second, smaller dwelling on the same grounds as

a single-family house – attached or detached

 An apartment over the garage, in the basement, in an

  • utbuilding

 Also called granny flats, in-law apartments, family apartments,

  • r secondary units

 With post-WWII suburbanization and deployment

  • f “Euclidean” zoning, ADUs became far less

prevalent

 Baby boom | Car boom | Sprawl  Less interest in efficient use of space

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ADUs – Out West

Barbara Gundle www.accessorydwellings.org Bob Harris www.accessorydwellings.org

ADUs in Eugene and Portland, OR

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ADUs – Closer to Home

Converted Farmhouse Hopkinton, New Hampshire

Photos: Roger Hawk

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ADUs – Closer to Home

Find the hidden ADU in Warner, New Hampshire

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Benefits of ADUs

 Increases a community’s housing supply without

further land development

 Facilitates efficient use of existing housing stock &

infrastructure

 An affordable housing option for many low- and

moderate-income residents

 Improves homeowner cash flow  Helpful to elderly and/or disabled people who may

want to live close to family members

 or caregivers, empty nesters, young adults, etc.

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Background to SB 146

 NH Center for Public Policy Studies 2014 reports:

“Housing Needs and Preferences in New Hampshire”

 Slower population growth; aging population  Mismatch of housing stock and needs and desires of

changing population-young and old

 Older adults want to “age in place” or “age in

community”

 Homebuilders unable to fulfill homeowner requests

to create ADUs for a family member or caregiver

 Stymied by local land use restrictions

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Our Median Age Belies Relative Youth

2014 Median Age

  • 1. Maine

43.5

  • 2. Vermont

42.2

  • 3. NH

41.8

  • 4. W. Virginia 41.6
  • 5. Florida

41.2 …

  • 50. Utah

29.9

American Community Survey

By this measure, NH is closer to the middle of the pack

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Expected Increase in Older Population

Population by Age Group

178,166 144,472 179,178 225,961 178,243 96,762 56,745 24,761 160,495 160,633 159,044 201,565 184,617 102,676 35,808 177,249 50,000 100,000 150,000 200,000 250,000 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 & older

History 2010 Base Year 2025 New Hampshire First Time Home Buyers Elders Families

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SB 146 – The Basics

 Defined: independent living unit (sleeping, cooking,

eating, sanitation)

 Adequate water supply and sewage disposal required  Interior door between primary unit and ADU required  Municipalities must allow an attached ADU in any single-

family zone by right, special exception, or conditional use permit

 If the zoning ordinance is silent on ADUs, then they are

allowed in any single-family home (regardless of zone)

 Standards for a single-family home also apply to

combined SF and ADU (e.g., setbacks and frontage)

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SB 146 – Options

 Municipality may

 Require adequate parking to accommodate an ADU  Require owner occupancy of one of the units (but can’t

say which one)

 Require demonstration that a unit is the owner’s primary

dwelling unit

 Control for architectural appearance (“look and feel”)  Limit the number of ADUs per single family dwelling  Limit the number of unrelated individuals that occupy a

single unit (concern of college towns)

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SB 146 – Prohibitions

 Municipality must not

 Limit ADU to 1 bedroom or to be less than 750 s.f.  Require familial relationship between occupants of

principal dwelling and ADU

 Require additional lot area or other dimensional

standards for ADU (but it may increase lot size for a detached ADU)

 Require door between primary unit and ADU to remain

unlocked

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 Other elements

 Detached ADUs

 Municipalities may allow at their discretion  A municipality may require increased lot size, but other

statutory standards for attached ADUs will apply

 Amends NH RSA 674:21 Innovative Land Use Controls

 ADUs are removed from list along with its definition – no

longer a voluntary land use regulation

SB 146 – Miscellanea

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Next Steps

 SB 146 signed by Governor Hassan on March 16  Effective date: June 1, 2017  Educate municipalities about the new ADU law and

how to meet its requirements

 Create training materials and other resources  Work with partners

 Plan NH  NH Municipal Association  Office of Energy and Planning  BIA  Regional Planning Commissions  Workforce Housing Coalitions  NH Homebuilders Association  You!

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Questions?

Ben Frost bfrost@nhhfa.org George Reagan greagan@nhhfa.org