To maintain and preserve the residential character, integrity and neighborhood attributes of Residential and Agricultural-Residential Zoned Districts and of other districts in which residential uses are allowed.

To regulate bed-and-breakfast uses to ensure sensitivity and compatibility with the surrounding neighborhoods in such districts through minimizing adverse impacts on neighboring residential uses.

To strengthen the economic base of the Town of Hadley by allowing bed-and-breakfast establishments and bed-and-breakfast homes without reducing residential characteristics.

To provide standards to ensure that any dwelling containing a bed-and-breakfast facility is maintained primarily as a residence and the bed-and-breakfast accommodations are subordinate and incidental to the principal use of the dwelling as a residence.

No bed-and-breakfast facility, new or preexisting, shall be operated without first being granted a special permit from the special permit granting authority (SPGA) in accordance with Section VI of this Bylaw and in compliance with all other applicable provisions of this bylaw for a bed-and-breakfast use. The special permit granting authority shall be the Planning Board. Each bed-and-breakfast facility in existence on the effective date of this provision and situated in the Residential or Agricultural-Residential Districts is not a nonconforming use, is in violation of the Zoning Bylaw and is not entitled to remain in operation without the issuance of a special permit. Bed-and-breakfast facilities may be established in the following districts and upon the conditions set forth hereafter:

No bed-and-breakfast facility will be permitted in any district on a flag lot which has been created under a now-repealed section.

Applicants for special permits under the provisions of this section shall provide such sketches, drawings or plans necessary to illustrate beyond a doubt conformance to the requirements of this section.

The special permit will not constitute a variance from the existing requirements of the bylaw, including but not limited to provisions relating to setbacks, building coverage, and open space. The special permit cannot authorize prospective nonconformance with the bylaw, nor can it forgive existing nonconformance with the bylaw. Not every dwelling will qualify for the issuance of a special permit.

A bed-and-breakfast facility is an accessory use, and the primary use of the dwelling unit shall remain as the primary and legal residence of the owner. As an accessory use, the bed-and-breakfast units shall not occupy more than 45% of the gross floor area of the dwelling unit.

A bed-and-breakfast facility must have a minimum interior area of 1,500 square feet to rent one bed-and-breakfast unit and an additional 500 square feet for each additional bed-and-breakfast unit. The maximum number of permissible bed-and-breakfast units in any bed-and-breakfast facility is as specified in § 22.2. No basement space or unfinished attic space shall be used to calculate square footage. In no case shall any room but a bedroom be rented as a bed-and-breakfast unit. Such rooms shall share a common entrance, shall not have individual cooking facilities, and shall be served by private or shared bath/toilet facilities separate from those required for the single-family dwelling.

Bed-and-breakfast facilities are intended for guests on intermittent visits and shall not be used as long-term rental units or apartments. Guest rooms are offered for rent on a daily basis for a period not to exceed 14 days in duration in any three-month period. In no case shall a guest or patron use the location as a mailing address or other identifier.

The dwelling unit containing the bed-and-breakfast facility shall be designed so that the exterior appearance of the structure remains that of a single-family dwelling. Residential structures may be remodeled for the development of a bed-and-breakfast facility. However, structural alterations may not be made which prevent the structure being used as a residence in the future. Internal or external changes that will make the dwelling appear less residential in nature or function are not allowed. No special permit shall be granted to expand or increase in size the footprint of the building to provide for bed-and-breakfast units. To the extent practicable, fire escapes or other outside stairways shall be located on the rear or side of the building and shall not be located on the side of the building that faces a street. The resident owner and guests shall share the same entrances.

All parking for residents and guests shall be off street. Any bed-and-breakfast facility shall require at least one off-street parking space for each bed-and-breakfast unit, two for the resident owner and one for each employee regularly employed. The size, location and screening of such parking spaces shall be approved by the SPGA during the permitting process, giving due consideration to the residential neighborhood characteristic and emphasizing the need to concentrate parking in as unobtrusive a location on the property as possible. The existing curb cut, driveway, and site parking shall not be enlarged or modified to accommodate the bed-and-breakfast facility except as may be authorized by the special permit. Surfacing of the drives and parking areas shall be all-weather surface. No parking is permitted within the setbacks as defined in Section IV.

Parking areas and exterior recreational facilities, such as swimming pools and tennis courts, if not located so as to be unobtrusive, shall be screened from view by plantings, fences or other suitable method approved by the SPGA.

All bed-and-breakfast facilities as defined above in § 22.2 may have one freestanding sign, the top of which may not exceed six feet in height above ground level, and said sign may not exceed six square feet in area. Signage may include such accessory and directory signs as approved by the SPGA. Illumination for all signs described shall be external and positioned so as not to pose a nuisance to traffic or neighboring properties.

Kitchen facilities will be permitted only in a single central unit to service both the resident owners and the guests.

No bed-and-breakfast facility as described above shall offer public restaurant service or service of alcoholic beverages. The only food service permitted is breakfast for registered guests.

No other in-home business or home occupation with either employees or customer visits to the site shall be permitted in a facility that houses a permitted bed-and-breakfast facility, except in the Business or Limited Business District.

If the building is not served by public sewers, the Board of Health shall certify, based upon evidence satisfactory to it, that the on-site sewage disposal system meets the requirements of the State Environmental Code and local Board of Health regulations for a bed-and-breakfast facility.

If the building is not served by the public water supply, the Board of Health shall certify, based upon evidence satisfactory to it, that the on-site well or wells are capable of providing a sufficient quantity of potable water so as to meet the needs of the bed-and-breakfast facility at full occupancy and that the water supply is otherwise in compliance with the requirements of state law and local Board of Health regulations.

Exterior lighting shall be so directed or shaded as to prevent direct illumination of off-premises property. No bed-and-breakfast facility shall generate light in excess of that produced by a standard household.

The special permit does not authorize any activity that creates excessive noise or other disturbance to the neighborhood at any time. No bed-and-breakfast facility shall generate noise in excess of that produced by a standard household.

The special permit does not authorize increased traffic congestion or other adverse impacts that will tend to reduce neighborhood amenities or the value of surrounding properties.

Commercial meetings and activities, including luncheons, banquets, parties, weddings, meetings, charitable fund-raising, commercial or advertising activities, or other gatherings for direct or indirect compensation, are prohibited at a bed-and-breakfast facility.

Any complaint of noncompliance with the conditions set forth in the special permit must be submitted to the Zoning Enforcement Officer, in writing, as soon as possible.

All bed-and-breakfast facilities shall conform to the applicable state standards in regard to building and health codes.

The special permit shall be issued only to the owner of the property and shall not be transferable. Any changes in ownership of the property shall require a new special permit. The special permit may be revoked if any of the conditions and/or requirements of this section are violated, as determined by the Zoning Enforcement Officer and/or the Board of Health. An aggrieved party may take an appeal to the Board of Appeals.

The special permit shall lapse two years from the grant thereof if a substantial use thereof has not sooner commenced or, having commenced, has been suspended for a period exceeding two years, except for good cause determined by the SPGA after a public hearing.

The Planning Board shall conduct a review of this bylaw after the fourth and before the fifth anniversary of its passage at an advertised public meeting in order to assess the bylaw. The Planning Board shall make recommendations to the Town for any changes needed in the bylaw structure or process.