ADU rules in Wildwood

Section 17-503 authorizes an accessory apartment only 'within a single-family dwelling'; no provision permits a dwelling unit in a detached accessory structure. The definitions section reinforces this: an accessory building, structure or use is 'nonhabitable unless specifically permitted under this chapter', and no section of Chapter 17 permits a detached habitable accessory unit.

An additional dwelling unit may be created by adding an accessory apartment within a single-family dwelling on lots in the R-1, R-2, R-3, RM, WR, WR-1, and MC-R districts, as a Planning Board conditional use. The definitions chapter defines ACCESSORY APARTMENT UNITS (IN-LAW SUITE) as a single additional dwelling unit within a single-family detached dwelling with at least two rooms and sanitary and cooking facilities for the exclusive use of its occupant.

Section 17-503E caps the accessory apartment at 25% of the dwelling's net habitable floor area and sets a 500 square foot minimum; 17-503F requires at least two rooms with sanitary facilities, cooking facilities, and a kitchen sink for the exclusive use of its occupants. For enlargements of an existing dwelling, 17-503H repeats that the apartment shall be no more than 25% of the net habitable floor area of the existing building. The 17-201 definition restates both the 25% cap and the 500 square foot minimum.

The full text of § 17-503 (subsections A through H) and the § 17-201 definition contain no owner occupancy requirement for either unit; no such condition appears anywhere in the accessory apartment provisions that were read.

Section 17-503C requires off-street parking 'in accordance with § 17-608B(2)', but as codified 17-608B(2) contains parking area design standards (driveway, turning area, and aisle dimension requirements), not a space count. The numeric requirement for accessory apartments appears in the Schedule of Off-Street Parking and Loading Spaces at 17-608A.4.a: 1-bedroom 1.0, 2-bedroom 1.5, 3-bedroom 2.0 spaces per dwelling unit. Section 17-608 was adopted 1-23-2019 by Ord. No. 1128-18 and amended 8-23-2023 by Ord. No. 1268-23, which may explain the stale cross-reference.

Accessory apartments are listed under Section 500, Conditional Uses and Supplemental Regulations. Section 17-503H requires application to the Planning Board for a conditional use before a construction permit or certificate of occupancy is issued for creation of an apartment involving enlargement of an existing dwelling, and the Planning Board's conditional use review includes any required site plan review under the chapter.

Section 17-503 itself is silent on renting the accessory apartment. Chapter 22, repealed and replaced in its entirety 1-13-2021 by Ord. No. 1185-20, requires an annual Rental Permit per individual rental unit (§ 22-4), passing inspection before issuance (§ 22-4e, § 22-5), prohibits occupancy or leasing of unlicensed units (§ 22-12), and includes complaint, revocation, and landlord bond provisions (§ 22-22 through § 22-29). Its definitions cover SHORT TERM RENTAL and SEASONAL RENTAL as described; no clause was found banning short term rental of an accessory apartment specifically.