Stonington ―The Planning and Zoning Commission voted unanimously Tuesday to opt out of state legislation aimed at making it easier for homeowners to build apartments or separate smaller houses on their property.

The new legislation, which went into effect Jan. 1, gives municipalities one year to opt out of the law which is intended to increase affordable housing in the state. It simplifies the process of getting permits to construct accessory dwelling units and restricts what a town may require of property owners who may wish to add an attached or detached residence on their property.

The state legislation does not require a minimum house or lot size or special permits for accessory dwellings and does not limit where on a lot a new dwelling may be placed. Additionally, it permits accessory dwellings on any lot containing a single-family home.

In contrast, the town requires a special permit for such construction, requires the existing home to be a minimum of 2,000 square feet to be eligible for a permit and currently restricts the size of an accessory dwelling to 33% of the existing home size, up to 1,100 square feet. A 2,000 square foot home would be allowed an accessory dwelling of up to 660 total square feet.

Town regulations do not allow an attached or detached dwelling in the front yard of the existing home and regulations contain minimum lot size requirements which vary based on zoning district.

The state legislation allows towns to opt out but requires the approval of the Planning and Zoning Commission and the Board of Selectmen, as well as a public hearing, which was held Oct. 4.

The commission’s decision must still be approved by the Board of Selectman prior to the Jan. 1 deadline in order for the town to be exempt.

Stonington updated its regulations in 2018 to loosen requirements for accessory dwellings. Two months ago the commission began a comprehensive rewrite of town zoning regulations which is anticipated to take 18 months to complete.

In May, the Planning and Zoning Commission voted to adopt a new affordable housing plan for the town, one that stripped many of the recommendations contained in the initial proposal after some residents criticized the plan.