§ 4.5. Accessory Dwelling Units (not including Caretaker's Dwelling Unit).

One (1) accessory dwelling unit shall be permitted as an accessory use to a single-family principal dwelling located in the AR or R-1 district. Such use is not required to be included in the gross residential density calculations. Manufactured homes, recreational vehicles and travel trailers shall not be used as accessory dwelling units. For an accessory dwelling unit, the following shall apply:

4.5.1 Location.

i.

The unit may be attached to or detached from the principal dwelling in accordance with the standards of 4.4.

ii.

When the unit is attached, it shall share a common wall with and have a separate entrance from the principal dwelling or be connected by a covered walkway. When the unit shares a common wall with the principal dwelling, the entrance to the unit shall be located along the side or rear façade of the dwelling.

iii.

When the accessory dwelling is detached from the principal dwelling, it shall be separated from the Principal Building by at least 10 feet.

iv.

Any portion of an accessory dwelling unit over 20 feet in height shall be located at least 20 feet from a rear property line that does not abut a lane.

v.

An attached accessory dwelling unit shall meet the setback standards for the principal dwelling.

4.5.2 Building Size.

i.

The floor area of the accessory dwelling unit shall be a maximum of 40% of the footprint of the principal dwelling or 1,000 square feet, whichever is less.

ii.

The accessory dwelling unit shall contain a minimum of 400 square feet of heated area.

iii.

The accessory dwelling unit shall contain no more than one (1) bedroom.

iv.

The height of the accessory dwelling unit shall not exceed the height of the principal dwelling.

4.5.3 Architectural Style. Such use shall be designed in a similar architectural style as the principal dwelling.

4.5.4 Owner Occupancy Required.

Prior to the issuance of a building permit for construction of an accessory dwelling, an applicant shall provide proof of homestead exemption status that establishes ownership and residence on the property unless building permits for both units are being applied for together. In such case, an affidavit must be submitted stating the property owner intends to reside on the property in either the principal residence or the accessory dwelling unit. In addition, all applicants must submit an affidavit signed by the property owner, which has been recorded in the real property records of Effingham County, attesting that the property will be used as the owner's primary residence and that it will not be subdivided, and that the accessory dwelling unit shall not be sold separate from the principal dwelling

4.5.5 Certificate of Occupancy.

The accessory dwelling may not be occupied without first obtaining a Certificate of Occupancy from the Building Department.