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Dwellings - Single Family vs. Two Family
A dwelling will be considered a two-family dwelling unit if:
- It contains complete, separate living facilities for two
(2) families including permanent provisions for sleeping, eating,
cooking (kitchen) and sanitation (bath);
- These facilities shall be arranged so neither family shares the
use of any of the above named facilities with the other family; and
- The provisions for cooking include at least a sink and one other
permanent kitchen appliance such as stove or refrigerator.
Dwellings that do not meet the definition for a two family dwelling
may be either single family or multi-family dwellings or boarding houses
depending on the circumstances.
Zoning Ordinance definitions relating to this opinion include:
A dwelling or dwelling unit is defined as any building or
portion thereof providing complete independent permanent facilities
for living, sleeping, eating and sanitation designed for or used exclusively
as living quarters by one (1) family, but not including a tent, cabin,
travel trailer, mobile hoe, manufactured home or a room in a hotel
or motel.
A single family dwelling is defined as a building designed
for use or occupied exclusively by one (1) family.
A two-family dwelling is defined as a building designed for
use or occupied exclusively by two (2) families and containing two
(2) dwelling units.
A family is defined as follows:
- An individual;
- Two (2) or more persons related by blood, marriage, adoption or
guardianship plus any domestic servants, foster children and not
more than two (2) roomers, living together as a single nonprofit
housekeeping unit in a dwelling or dwelling unit; or
- A group of not more than four (4) persons not related by blood,
marriage, adoption or guardianship living together as a single nonprofit
housekeeping unit in a dwelling or dwelling unit.
A one-family dwelling shall not be considered to be a two-family dwelling
solely because of the following:
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A living room, family room, den or similar room with
a wet bar to include a sink, refrigerator, a microwave and/or a hot
plate will not be considered a kitchen.
-
A living room, family room, den or similar room with
a convertible couch (sleep sofa) will not be considered a sleeping
room.
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The temporary conversion of any room for another purpose
such as to accommodate guests, to help a family member convalesce
from an illness or injury, or to assist a family member with a mobility
problem.
-
A room with a sink and a temporary kitchen appliance
such as a toaster oven, hot plate or a portable refrigerator will
not be considered a kitchen.
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