1.

To allow additional options to house community residents;

2.

To give homeowners a way to obtain rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise leave;

3.

To enable the development of Accessory dwelling units ("ADUs") that are appropriate for households at various stages in their life cycle, and for multi-generational households;

4.

To encourage a more balanced and diverse population and income mix, with particular attention to young adults and senior citizens;

5.

To protect the stability, property values, and the character of residential neighborhoods while integrating such ADUs; and

6.

To comply with Section A and Section 3 of Chapter 40A of the Massachusetts General Laws (M.G.L. c. 40A, §1A and §3).

(Ord. of 1-27-25(1))

1.

Maximum ADUs permitted on a lot.

a.

One (1) ADU shall be allowed per principal dwelling unit as an accessory use on the same lot as a (i) one-family use (use 101) within a zoning district where single-family residential use is permitted as-of-right or by special permit; or (ii) a lawful preexisting nonconforming one-family use, regardless of zoning district.

b.

No Variances. The Zoning Board of Appeals shall not grant a variance to permit either: (i) the creation of more than one (1) ADU per principal dwelling unit on a lot with one-family use; or (ii) allowance for an ADU as accessory to any other uses, including but not limited to a multifamily structure or use (use 103).

2.

Required zoning review and approval. All attached and detached ADUs shall require a zoning review and issuance of a written zoning determination by the zoning administrator to verify compliance with the provisions of this ordinance, including the requirements of any applicable overlay districts.

a.

An "In-law" apartment approved under former section XIIA may be converted to an ADU following a zoning review and upon issuance of a written Zoning Determination from the zoning administrator that no additional zoning relief is required.

b.

A proposed ADU on the same lot as a one-family use, whether attached or detached, that complies with all applicable provisions of this Ordinance, including, without limitation, dimensional and parking requirements, shall be allowed as-of-right.

c.

A proposed detached ADU within an otherwise conforming accessory structure that does not comply with the applicable setbacks for the principal dwelling, shall require grant of a special permit from the designated special permit granting authority (SPGA), rather than a variance.

d.

A proposed ADU within a one-family structure that extends an existing nonconformity shall require grant of a special permit for nonconformities by the designated special permit granting authority (SPGA).

(Ord. of 1-27-25(1))

An attached or detached ADU shall comply with the following provisions:

1.

Dimensional regulations. All accessory dwelling units, whether attached or detached, are subject to the following regulations:

a.

Unit size. The gross floor area of the ADU shall not exceed the lesser of (i) half (½) the gross floor area of the principal dwelling unit or (ii) nine hundred (900) gross square feet,

b.

Setbacks. As provided in subsection (11) of section VI-F, and subject to subsection 1.c. below, the ADU shall comply with the yard requirements (setbacks) of the applicable zoning district.

c.

Lot coverage and open space. The creation of an ADU shall maintain the minimum open space and maximum lot coverage requirements for the subject lot as required for the principal dwelling unit within the applicable zoning district.

2.

Entrance. An ADU, whether attached or detached, shall maintain a separate entrance for use by its occupant(s), either directly from the exterior or through a shared entry hall sufficient to meet the requirements of the state building code.

a.

An attached ADU may have a common interior door with a principal dwelling unit.

b.

Any exterior entrance separate from the principal dwelling shall be accessible from a path or walkway.

3.

Parking. In addition to any on-site parking spaces required for the principal dwelling units at the lot, at least one (1) additional, on-site parking space shall be made available for use by (the) occupant(s) of the ADU. No parking variances shall be granted for any ADU use, however, upon written determination from the zoning administrator under XXII-B(2), a parking waiver shall be granted if one of the following two (2) conditions are met:

a.

such property containing ADU use is located not more than 0.5 miles from the MBTA commuter rail station and/or a bus station, as that term is defined in regulations promulgated by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) in 760 CMR 71.00 entitled "Protected Use Accessory Dwelling Units"; or

b.

such ADU meets all of the requirements necessary for listing on the Massachusetts Subsidized Housing Inventory (SHI) and the record owner of such ADU complies with all regulations and guidelines promulgated by Massachusetts Executive Office of Housing and Livable Communities (EOHLC), or its successor agency, for listing on Newburyport's Subsidized Housing Inventory (SHI).

4.

PIOD restrictions. Provisions of the Plum Island Overlay District (PIOD) remain in full effect as applied to all accessory ADUs, both attached and detached, including, but not limited to, the limitations provided for in section XXI-G (i.e. the creation of one additional bedroom in a lawfully preexisting dwelling with 1 or 2 bedrooms). This restriction is required for compliance with an established administrative consent order issued by the Massachusetts Department of Environmental Protection (DEP) pertaining to the extension of municipal water and sewer service to the vulnerable and environmentally sensitive barrier beach island, designated pursuant to executive order 181.

5.

Prohibition of ADU as short-term rental unit. The ADU shall not, under any circumstances, be used on a transient basis, meaning for any period shorter than thirty (30) days, regardless of its regulation or status otherwise as a so-called short-term rental unit (STRU) under section V-G of this ordinance. Additionally, in order to ensure the preservation of long-term housing units for residents of Newburyport, the principal dwelling unit associated with any ADU established after the effective date of this section XXII shall also be prohibited from use as a so-called short-term rental unit (STRU) under section V-G of this ordinance.

6.

Property and Deed. The ADU shall be prohibited from being transferred to separate ownership from one of the principal dwelling units at the lot, via condominium documents or other means. The accessory dwelling unit shall not be sold separately from the principal dwelling unit.

7.

Sanitary and building codes. The ADU shall comply with the state building code, title V of the state sanitary code, and all other applicable building, health, and other laws and regulations.

(Ord. of 1-27-25(1))

1.

Height regulations. A new detached ADU structure shall not exceed the lesser of (i) the lawfully existing height of the principal dwelling, or (ii) 20 feet.

2.

Building location. A new detached ADU structure shall maintain a secondary relationship to the principal structure on the lot and as such shall be located behind the front building wall of said structure. A new detached ADU structure shall also be located at least 10 feet away from the principal dwelling.

3.

Driveway access. Driveway access to any new detached ADU shall utilize existing curb cuts where feasible on the subject lot.

4.

A detached ADU that is located closer to a lot line than the setbacks required under this Ordinance for the principal dwelling shall comply with the following provisions in order to maintain privacy for the adjacent lot, except where alternative means of acceptable screening and/or placement have been authorized by the SPGA:

a.

Screening. The A DU must be screened from view from the adjacent lots by (i) a solid fence six (6) feet in height, and/or (ii) trees of dense vegetation established at a height of at least six (6) feet prior to the issuance of an occupancy permit for such ADU use. The required screening shall run parallel to the lot line for its entire length between the detached ADU structure and such lot line.

b.

Windows. The second story of the ADU shall not have windows or glass doors on a wall facing the noncompliant side yard/property line, unless the window is a clerestory window where the bottom of the window is at least six (6) feet above the second story finished floor. This prohibition shall not apply to a wall facing a side yard/property line that is adjacent to a non-residentially zoned property.

c.

Elevated outdoor spaces. The ADU shall not have an upper-level balcony or deck facing the noncompliant side yard/lot line.

5.

Lighting. All exterior lighting shall be designed, installed, and maintained to be shielded and downcast to avoid light trespass onto adjacent lots.

(Ord. of 1-27-25(1))

Violation of any of the provisions of this section XXII shall be subject to enforcement by the zoning administrator in accordance with the provisions of section X—Administration and Enforcement.

(Ord. of 1-27-25(1))