- Max size950 sq ft
- Owner occupancyRequired
Cheshire, CT permits accessory apartments under Section 30, Schedule A, Paragraph 5 of the Zoning Regulations. The unit must be attached to the principal dwelling and is capped at 950 square feet of net floor area. The most distinctive feature: occupancy is limited to family members of the main dwelling's resident, and the unit cannot be rented for income. A Special Permit from the Planning and Zoning Commission is required, with a 5 year affidavit recertification cycle. Cheshire's framework is more restrictive than Connecticut's Public Act 21-29 default and works for multigenerational living rather than rental income.
Status
- Adoption status
- Active. Section 30 Schedule A Paragraph 5 of the Cheshire Zoning Regulations.
- Governing ordinance
- Town of Cheshire Zoning Regulations, Section 30 Schedule A Paragraph 5 (Accessory Apartment)
- Key differentiator
- Family-only occupancy with no rental for income permitted. 5 year affidavit recertification. Kitchen must be removed if Special Permit expires. More restrictive than Connecticut Public Act 21-29 default.
Eligibility
Where ADUs are allowed
- Zoning districts permitted (Para 5)
- R-20A, R-20, R-40, R-80, C-1, C-2, C-3, I-1, I-2 (all by Special Permit per Schedule A use code)
- Para 1B Accessory Second Dwelling
- I-2, I-1, C-3, C-2 only (not permitted in residential R-zones)
- Lot type
- Single family residential lots (for Para 5 in R-zones)
- Limit per property
- One accessory apartment per lot
Types allowed
- Attached ADU (within or adjoining principal, internal door)
- Yes
- Detached ADU in residential zones
- Not permitted under Para 1B in R-zones
- Detached Accessory Second Dwelling in commercial zones
- Yes (Para 1B, by Special Permit, with 50 percent lot coverage subordination, 20 ft separation, owner-occupancy of one unit, 5 year affidavit)
Size and placement
Size limits
- Maximum sq ft
- 950 sq ft net floor area, excluding ramps and structural alterations for barrier free design
Setbacks
- Setback requirements
- Underlying district setbacks apply. Section 32.2.5 governs detached accessory buildings: 5 ft from side or rear property line, 12 ft height max, 144 sq ft max for the small accessory structure category.
Rules for use
Parking
- ADU parking requirement
- Not separately specified. The accessory apartment uses the dwelling's existing driveway.
Owner occupancy
- Required
- Yes. Implicit through the family occupancy rule (the unit is for family members of the main dwelling's resident).
- Family occupancy
- The accessory apartment is to be occupied only by family members (related by blood, marriage, or adoption to a resident of the main dwelling).
- 5 year affidavit
- Para 5.f requires recertification every 5 years
Rental use
- Rental for income
- Prohibited. The accessory apartment is not to be rented or used for income purposes.
- Family use
- Permitted: in-law suites, multi-generational living, aging in place
- Special Permit expiration
- If the permit expires, the property owner must remove the kitchen facilities at their own expense within 60 days (Para 5.g)
How to apply in Cheshire
- Default pathway
- Special Permit from the Planning and Zoning Commission per Section 40
- Recertification
- 5 year affidavit cycle
- Contact
- Cheshire Planning and Zoning Commission
Recent and pending changes
- 2019-02-01Terminology amendment changed In-Law apartment to Accessory apartment in Section 30 Schedule A Para 5 (effective February 1, 2019).
- 2012-09-10Para 1B (Accessory Second Dwelling) added to Section 30 Schedule A; effective September 28, 2012. Available by Special Permit in commercial zones only.
Important details
- Family-only occupancy: Cheshire is the rare CT town that limits accessory apartment occupancy to family members of the main dwelling's resident. Rental for income is prohibited.
- 5 year affidavit cycle: Para 5.f requires owner recertification every 5 years to maintain the Special Permit.
- Kitchen removal on permit expiration: If the Special Permit expires, the owner must remove the kitchen facilities at their own expense within 60 days under Para 5.g.
- Barrier free design exemption: Ramps and any other structural alterations needed to achieve barrier free design do not count against the 950 square foot cap.
Frequently asked questions
Can I rent out my Cheshire accessory apartment?
No. Section 30 Schedule A Para 5.a explicitly states that the accessory apartment is to be occupied only by family members (related by blood, marriage, or adoption to a resident of the main dwelling) and cannot be rented or used for income purposes. The framework is built for multigenerational living, not rental.
Can I build a detached ADU in Cheshire?
Not in residential zones. Section 30 Para 5 requires the accessory apartment to be attached to the existing dwelling. The separate Para 1B Accessory Second Dwelling pathway is available by Special Permit only in commercial zones (I-2, I-1, C-3, C-2), not in the R-20A, R-20, R-40, or R-80 districts.
What happens if the Special Permit expires?
Section 30 Schedule A Para 5.g requires the property owner to remove the kitchen facilities at their own expense within 60 days. The 5 year affidavit recertification cycle is intended to catch ownership and family occupancy changes.
Sources (3)
Last reviewed 2026-04-28. Local rules can change — verify the latest details with the Cheshire planning department, or book a free consultation with our team before starting your project. This page is informational and is not legal advice.