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Staff explains why accessory living space differs from a dwelling under Southern Shores code

Southern Shores Planning Board · September 2, 2026

Summary

Town staff told the board that 'accessory structures with living space' are permitted but that full 'dwelling units' are not; combined enclosed living space for principal and accessory buildings may not exceed 6,000 sq ft, and whether a space is an ADU depends on the dwelling‑unit definition (cooking, sanitation, sleeping, living).

During its staff presentation the town reviewed how the Southern Shores zoning ordinance defines key terms that control whether an accessory building may be used as a separate dwelling.

Wes Haskett, the town’s planning director, walked the board through the definitions: a dwelling unit requires permanent provisions for living, sleeping, eating, cooking and sanitation. An "accessory structure with living space" is permitted provided the combined enclosed living space of principal and accessory structures does not exceed 6,000 square feet and provided the accessory structure does not meet all the elements of the dwelling‑unit definition.

Haskett told members the ordinance allowed accessory living areas but forbade separate dwelling units in accessory buildings. He said the permitted use is subordinate to a principal building and "if at least one of those elements is not present, then, it would not be considered a dwelling unit." The staff report concluded that granting the applicant’s requested variance to permit an additional full dwelling would be inconsistent with the RS‑1 district’s low‑density goals and setback/size rules.

Board members used the definitions to frame their questions during deliberations and relied on Haskett's reading in their findings.

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