Hadley City Zoning Code
SECTION XXVI
Accessory Dwelling Unit
§ 26.1 Purpose.
The intent of permitting an ADU is to:
26.1.1.
Provide homeowners with a means of obtaining rental income, companionship, security and services, and thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
26.1.2.
Add to the variety of rental housing available to serve households who might otherwise have difficulty finding housing;
26.1.3.
Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle;
26.1.4.
Protect stability, property values, and the residential character of a neighborhood;
26.1.5.
To provide housing units for persons with disabilities.
§ 26.2 Use restrictions and procedure.
Procedure. The Planning Board may perform an administrative review of the proposed ADU to ensure it complies with the Zone Bylaw. Applicant shall submit two sets of drawings and one electronic file to the Planning Board at a routine scheduled Planning Board meeting and the Board shall conduct the review within 35 days at a duly noticed Planning Board meeting. The review is subject only to compliance with this bylaw. The only notice required of the review is the appropriate posting of the meeting agenda.
Restrictions. The ADU shall comply with the following:
26.2.1.
The Board of Health has approved compliance with Title 5 of the State Environmental Code, 310 CMR 15, and all other issues within their jurisdiction. All ADUs shall be connected to the public water supply and sewer supply, where available, if no sewer then connect to a septic system;
26.2.1.1.
If ADU is a separate dwelling unit it shall have: its own water supply connection;
26.2.1.2.
If ADU is a separate dwelling unit it shall be connected to a septic system compliant to Title 5 above and in compliance with Hadley Board of Health regulations; or
26.2.1.3.
If ADU is a separate dwelling unit it shall have its own sewer tie-in if sewer is available.
26.2.2.
The ADU will be a complete, separate housekeeping unit containing both kitchen and bath.
26.2.3.
Only one ADU may be created per a single-family house lot.
26.2.4.
ADUs shall comply with dimensional requirements, as may be applicable, as contained in Table 4 of Section 4.2 of this Zone Bylaw.
26.2.5.
ADU shall not be used for short term rental as defined in Section 1 of Chapter 64G.
26.2.6.
ADU shall adhere to but not limited to §§ 8.5.1.1 through 8.5.1.8; and § 8.5.1.12; and § 8.5.1.14, of the Zone Bylaw.
26.2.7.
The gross floor area of an ADU (including any additions) may be up to 1/2 the gross floor area of the principal dwelling unit, but not larger than 900 square feet.
26.2.8.
Once an ADU has been added to a single-family lot, the ADU shall never be enlarged beyond the 900 square feet or 1/2 gross floor area of the principal dwelling unit, allowed by this bylaw.
26.2.9.
(Reserved)
26.2.10.
The design and room sizes of the ADU must conform to all applicable standards in the Health, Building, Conservation, Fire and other codes.
26.2.11.
All parking for ADU and principal dwelling units must be on-site.
26.2.12.
The Planning Board may adopt regulations necessary to fulfill the intent of this bylaw.
26.2.13.
(Reserved)
26.2.14.
Year-round access shall be provided for public safety in accordance with applicable fire regulations, if ADU is a detached structure.
§ 26.3 Enforcement and penalties.
26.3.1.
Notice of Violation. When the Zoning Enforcement Officer determines that an activity is not being carried out in accordance with the requirements of this bylaw, the Officer shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
26.3.2.
Non-Criminal Disposition. Any person who violates any provision of this bylaw, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to the Town of Hadley non-criminal disposition procedure set forth in the § 6.1 of the Zone Bylaw. The Building Inspector shall be the enforcing entity. The penalty for the violation shall be: $100 per day for days one through 30; $200 per day for days 31 through 60; and $300 per day for days 61 and over. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.