Durham, New Hampshire

Durham, NH Accessory Dwelling Unit (ADU) Rules

City Acceptance Rating: 8/10

Last Updated: 8.28.2024

What You Need To Know

Attached & detached ADUs are allowed and can not exceed 850 square feet. The homeowner must occupy the primary residence or ADU. Minimum occupancy is 4 weeks.

Type of ADU Permit Required

A conditional Use Permit is required before any building permit will be issued.  Applications shall include proof that the following relevant requirements have been met.

ADU Rules

  • Must be between 500 and 750 square feet, with a total area not exceeding 850 square feet or the size of the primary dwelling.

  • Limited to a maximum of two bedrooms.

  • Must not increase any nonconforming aspects of the primary structure or cause a conforming lot to become nonconforming.

  • No additional driveway is allowed, but at least one off-street parking space per bedroom is required.

  • The property owner must live in either the primary dwelling or the ADU.

  • Minimum occupancy for an ADU is four weeks.

  • Business use of an ADU is limited to a home occupation.

  • The ADU’s appearance, style, color, and design must match the primary dwelling or structure to which it is attached.

  • ADUs cannot be used for transient or temporary housing like hotels, motels, or boarding houses.

  • On conforming lots, ADUs can be attached, detached, or standalone; on nonconforming lots, only attached ADUs are permitted.

  • ADUs cannot be built with a duplex or multifamily dwelling and cannot attain the status of a duplex or multifamily dwelling.

Attached ADU Standards:

  • Must be contiguous to the primary dwelling.

  • Must share a common wall, floor, or ceiling with the primary dwelling.

  • Must have an interior door connecting the primary dwelling and the ADU.

Detached ADU Standards:

  • Permitted on conforming lots if they meet building requirements, including setbacks, water supply, septic, and driveway regulations.

Standalone ADU Standards:

  • Allowed only on lots with an area 50% larger than the required size for a conforming lot.