At the beginning of February, the Executive Office of Housing and Livable Communities finalized regulations for Protected Use Accessory Dwelling Units. The final regulations provide clarity for communities on what types of ADUs must be allowed, and what kinds of restrictions local governments can place on ADUs.
The regulations answer several frequently asked questions about the new state law. Some clarifications in the regulations include:
- ADUs must be allowed in pre-existing non-conforming structures and on pre-existing non-conforming lots in zoning districts that allow single family residential use.
- Dimensional standards such as height and setbacks for ADUs cannot be more restrictive than dimensional standards for single family homes or accessory structures.
- Parking spaces cannot be required within 0.5 miles of a Transit Station or Bus Station, where the regulations define Bus Station as “any location serving as a point of embarkation for any bus operated by a Transit Authority.”
- Site Plan Review and Design Standards cannot be more restrictive than standards applied to single family homes.
On February 3rd the state law legalizing ADUs in all single-family zoning districts went into effect. If a community has ADU regulations in their bylaws or ordinances that contradict with state law and state regulation, those local regulations are now unenforceable.
MVPC is available to help communities review their current zoning and draft zoning amendments to comply with state law. To date, MVPC has provided assistance to Methuen, Newbury, and Boxford with their ADU-related zoning amendments.
Reach out to MVPC’s Community & Economic Development Department for more information.