West Hartford, CT Accessory Structures: ADU Owner Occupancy (2026)

Under Section 177-23.1A(10), West Hartford zoning code requires that either the principal dwelling unit or the accessory dwelling unit on a lot be owner-occupied; an absentee landlord cannot rent out both the main house and the accessory unit at the same time while living off the property. This owner-occupancy condition sits alongside the unit's other eligibility requirements in Section 177-23.1A: a one-family district location, the 1,000-square-foot or 30-percent-of-main-home floor-area cap, the basement walk-out requirement, matching exterior design, and the added off-street parking space. Because the accessory dwelling unit program in Section 177-23.1 was added in 2021 specifically to allow a second household on a one-family lot without turning the property into a true two-family rental, the owner-occupancy condition is what keeps that distinction in the zoning code and separates an accessory dwelling unit from an ordinary two-family conversion.

The Town Planner administers the accessory dwelling unit approval and, under the companion Subsection A(11), also collects the annual sworn affidavit that confirms continued owner-occupancy for any unit rented for income, a filing due every December 31. Any accessory dwelling unit is also independently subject to every applicable building, health, fire and sanitary code requirement under Section 177-23.1A(12), in addition to this zoning condition.