Members of the Berlin Planning Commission and Mayor and Council went through proposed ADU regulations with planning consultant Emily Morris on Monday.

By Tara Fischer

Staff Writer

(Sept. 17, 2027) Berlin officials are finalizing the municipality’s guidelines for building accessory dwelling units ahead of a state-mandated Oct. 1 deadline, with this week’s discussion focusing on how big or small these structures should be.

On Monday, the Berlin Planning Commission, the mayor and Town Council met for a work session to develop provisions for accessory dwelling units (ADUs), which were authorized by the General Assembly last year.

The law was created with the hope that accessory dwelling units — apartment-like structures detached from a lot’s primary home —could provide affordable housing options amid a supply shortage. The law gives local governments until Oct. 1 to establish how and where ADUs may be built.

The Town of Berlin began work on its ADU guidelines earlier this year with a work session between the mayor and Town Council and the planning commission in February.

When the group met Monday night, they agreed to limit these units to between 350 and 600 square feet, instead of an proposal that would have permitted units of up to 800 square feet or 35% of the primary dwelling’s livable space.

Councilmember Shaneka Nichols was a proponent of reducing the size of allowable ADUs. She argued that these accessory structures should not be comparable to “second homes” and are instead intended to be a step down from a lot’s primary dwelling.

While there was some discussion that small ADUs next to large houses would look disproportionate, Matt Stoehr, the planning commission chair, suggested property owners could include a garage to expand the size of the building without increasing the square footage of livable space beyond what is allowed.

Officials also talked about how the town would review the design of proposed ADUs. The draft ordinance calls for planning commission oversight of materials, windows, proportions and screening, and other aesthetic elements.

The commission’s review would be recommendation-based rather than an additional approval that could prevent an otherwise compliant ADU from being constructed.

Properties within Berlin’s historic district would be required to comply with applicable design criteria.

Parking requirements for ADUs also were addressed this week. Stoehr noted that the town’s residential parking study is from 2019, which Tyndall said is too outdated to rely on for new regulations.

Under the ADU guidelines up for consideration, applicants would be encouraged to provide an off-street parking space.

The town also continued working through how ADUs would affect water and sewer capacity and the associated equivalent dwelling unit (EDU) fees.

Berlin currently charges about $17,000 for one EDU. However, Tyndall said the town does not currently sell less than a full EDU. Rather than requiring every ADU to pay the full amount, officials considered calculating a proportional EDU fee based on a property’s water and sewer usage.

Tyndall said the town could review the previous 24 months of usage and determine whether additional capacity is needed. The exact fee structure has not yet been established.

Other criteria stipulate that only one accessory unit is permitted per lot and that it should be limited to one bedroom. Occupants must also be residents living in the space. The accessory units are not to be rented to corporate entities or LLCs.

During Monday night’s regular Town Council meeting, the governing team also established proposed permit fees for ADUs.

Under the updated fee schedule, applicants would pay a $300 filing fee. New construction ADUs would carry a permit fee of $500 in fiscal 2027, increasing to $575 by fiscal 2030.

Converting an existing accessory structure into an ADU would cost $350 in fiscal 2027, increasing to $425 by fiscal 2030. An ADU certificate of zoning, occupancy and covenant would cost an additional $150 in fiscal 2027, increasing to $165 by fiscal 2030.

Tyndall said that a second work session on ADUs will likely take place ahead of the Town Council’s Sept. 28 meeting, when a public hearing on the proposed guidelines is scheduled.