BYLAW: Accessory Dwellings
Prepared by :
Ralph Willmer AICP
DATE ADOPTED: NA
FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Ralph Willmer AICP
McGregor and Associates
60 Temple Place suite 410
Boston MA 02111
TEXT OF THE BYLAW:
Accessory Dwellings <
The purpose of this ordinance is to encourage accessory dwellings as an alternative housing choice, specifically for members of the family that owns the primary residence.
An accessory dwelling shall be permitted by right in residential districts as delineated in the Table of Uses if it is to be added to an existing single-family dwelling unit as long as it does not add to the footprint of the existing single-family dwelling unit. If the accessory apartment involves new construction that adds to the footprint or will alter the exterior of the structure, the applicant shall submit an application for a special permit in accordance with §120-122. Accessory apartments proposed to be part of a new single-family dwelling unit, or expanded within five (5) years of construction, shall submit an application for a special permit in accordance with §120-122.
C. Relationship to Site Plan Review
An application for a building permit for an accessory dwelling permit shall be subject to Site Plan Review under §120-123.
D. Requirements for Accessory Dwellings in All Zoning Districts
The following requirements apply in all zoning districts in which an accessory dwelling is permitted:
1. No more than fifteen new building permits for accessory dwellings shall be issued in a single calendar year.
2. The accessory dwelling shall clearly be a subordinate part of the single-family dwelling.
3. One private off-street parking space shall be available for use by occupants of each accessory dwelling.
4. No new driveway or curb cut shall be created to service the accessory apartment.
5. The accessory dwelling must be designed so that the appearance of the building remains unchanged, and there shall be no change to the front façade of the house. Unless otherwise required by the Massachusetts Building Code, any new exterior stairs needed to provide primary or secondary means of egress for the accessory dwelling shall be located on the side or rear of the building.
6. The lot where the accessory dwelling is located shall conform to the minimum setbacks and frontage requirements in accordance with Table 1 – Schedule of District regulations.
7. Not more than one accessory dwelling unit shall be permitted in a single-family home.
8. The living space in an affordable accessory dwelling shall not exceed a maximum of seven hundred and fifty (750) square feet or thirty-three (33) percent of the total square footage of the primary dwelling, whichever is greater, and shall contain no more than two bedrooms. For purposes of this section, the computation of maximum floor area shall be limited to the principal residence and shall exclude the floor area in an attached or detached structure.
9. The accessory dwelling unit shall only be occupied by persons related by blood, marriage, or adoption to the primary homeowner.
E. Affordable Accessory Apartments
An additional purpose of this ordinance is to encourage accessory dwellings that are affordable to low- or moderate-income households and that qualify for inclusion in the Subsidized Housing Inventory under G.L. c.40B, Sections 20-23, as low- or moderate-income housing units. Approval of such units shall meet the conditions described in §___D 1 – 11.
Affordable Accessory Apartments
In addition to the requirements of §____ of this ordinance, the following conditions shall be met for accessory dwelling units to be considered affordable to low- or moderate-income households and that qualify for inclusion in the Subsidized Housing Inventory under G.L. c.40B, Sections 20-23, as low- or moderate-income housing units.
1. The affordable accessory dwelling must comply with low- or moderate-income housing regulations and guidelines of the Local Initiative Program (LIP), 760 CMR 45.00, et seq., in effect on the date of application for a building permit.
2. The affordable accessory dwelling must be rented to and occupied by a qualified renter as defined in applicable state regulations.
3. The monthly rent shall not exceed the maximum affordable rent for a household of appropriate size for the accessory dwelling unit as defined in applicable state regulations.
4. The affordable accessory dwelling shall be secured by an affordable housing use restriction or a regulatory agreement and declaration of restrictive covenants effective for a minimum of fifteen (15) years, recorded at the Registry of Deeds, in a form that meets the approval requirements of the Local Initiative Program. The use restriction may be revocable upon sale of the principal residence, after a minimum of five years of actual occupancy by a qualified renter as evidenced by certification in paragraph 6 below.
5. The renter shall obtain certification annually from the Weymouth Housing Authority or its designee, or another entity determined by the Planning Board, that his or her household income complies with income for a qualified renter as defined in this ordinance. The owner shall obtain certification annually from one of the above agencies that the rent is equal to or less than the maximum affordable rent. Failure to comply shall be deemed a violation of this ordinance and subject to the enforcement provisions of ordinance.
6. The affordable accessory dwelling shall clearly be a subordinate part of the single-family dwelling or business use.
7. No building permit shall be issued for an affordable accessory dwelling until the applicant submits the following documentation to the Planning Board, who shall immediately notify the Building Commissioner that it has been provided:
a. A copy of the affordable housing use restriction or regulatory agreement and declaration of restrictive covenants, signed by the owner and the town, the original of which must be filed at the Registry of Deeds.
b. A notarized affidavit from the owner of the property, indicating that the unit is intended for occupancy by a qualified renter, that the owner will provide annual certification of compliance with this ordinance as required in condition 5 above.