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Apex board adopts 'accessory dwelling unit' terminology in EDO to align with state law

Town of Apex Planning Board · August 11, 2026

Summary

The planning board approved an ordinance text cleanup to replace "accessory apartment" with "accessory dwelling unit" across the EDO to conform to recently adopted state law; staff will return with additional UDO amendments to add standards.

The Apex Planning Board on Aug. 10 adopted the first of three proposed EDO amendments, changing the term "accessory apartment" to "accessory dwelling unit" across multiple sections so the town's regulations align with recently adopted state law. Bruce (staff) said the change is primarily a terminology update and that additional standards would be added in forthcoming UDO amendments.

"The accessory dwelling unit, terminology has been used more widely in recent years as well as this is in our attempt to align ourselves with recently adopted, state law," Bruce said while presenting the amendment. Staff removed the accessory apartment entry from the local use table and redirected references to the UDO where accessory-unit standards will be located. The change affects both attached and detached accessory units and updates related encroachment and setback references.

A board member flagged a formatting error in the use table where a 'p' mark had been struck through accidentally; Bruce confirmed the strike-through was inadvertent and said staff would correct the document before council review. The board voted to approve the amendment.

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