SECTION IV: USE REGULATIONS
See also Aquifer Protection District (Sect. IV L) Floodplain District (Sect. IVM), and River Protection District (IV P).
S: Accessory Family Dwelling Unit Bylaw
- General Description
- An Accessory Family Dwelling Unit (AFDU) shall mean a second dwelling unit within a single-family structure.
- The legal owners of the single-family structure/ AFDU must be year-round residents of the premises.
- The AFDU shall mean a separate housekeeping unit, complete with its own sleeping, cooking and sanitary facilities, that is designed to maintain the appearance of a single-family dwelling with a separate entrance located on the side or rear of the building. An AFDU shall have not more than one bedroom.
- An AFDU shall have the same street address as the single family dwelling from which it is created. A waiver to this requirement shall be allowed if 911compliance requires it to be distinguished. When a separate street address must be allowed, it should be in a diminutive form (i.e. 109 Main Street for the main dwelling and 109A Main Street of 109 Main Street (rear) for the AFDU.)
- Occupancy of an AFDU shall be restricted to a maximum of two persons.
- To provide homeowners with a means of obtaining, through tenants in AFDU’s companionship, independence, security and services, and thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
- To provide homeowners alternatives for caring for elder relatives while allowing them independence.
- To create opportunity for increased affordable housing;
- To protect stability, property values and the residential character of a neighborhood by ensuring that AFDU’s are installed only in owner-occupied houses and under such additional conditions as may be appropriate to further the purposes of this bylaw; and
- To regulate compliance with the State Building Code in so-called in-law apartments.
- Standards and Requirements
- The AFDU must be a separate housekeeping unit from the original unit. The units may, however, share some utilities such as heat, water, sewer, sanitary disposal, electricity, etc.
- Only one AFDU will be allowed on a single-family house lot.
- The lot on which the single-family house is located must meet the minimum lot size requirement and must comply with other applicable zoning requirements for its district. The SPGA may allow an AFDU on a legally non-conforming lot with a finding that doing so would not increase the non-conformity.
- The AFDU shall be designed so that the appearance of the building remains that of a single-family residence as much as possible. Any new entrances should be located on the side or rear of the building. Any exterior changes made should be consistent with the character of the neighborhood.
- Adequate provision shall be provided for ingress (entrance) and aggress (exit) for each unit. An interior doorway may be provided between dwelling units as a means of access for purposes of supervision and emergency response.
- Any AFDU shall be limited to 750 square feet in floor area or one-third of the total livable area of the original dwelling in which it is to be contained, whichever is greater. An addition to the original building may be permitted, subject to SPGA approval.
- The AFDU shall clearly be subordinate to the single-family dwelling. IT shall have no more than one (1) bedroom.
- The SPGA may allow deviation from theses conditions to facilitate access and mobility for disabled persons.
- The construction of any AFDU must conform with all State Building and Health Code requirements, as well as the bylaws of the Town of Huntington.
- Application Procedure
- The procedure for the submission and approval of a Special Permit by the Zoning Board of Appeals for an AFDU in an Owner-Occupied Single-Family Dwelling shall be the same as prescribed in the Special Permit section of this bylaw (Section V), except it shall include a notarized letter from the owner (s) stating that he/she/they will occupy one of the dwelling units on the premises, and that he/she/they will occupy the dwelling unit on a year-round basis.
- A non-refundable fee shall be included with the application for an AFDU to cover the cost of processing the application. The applicant shall be responsible for the costs of legal notices. As part of the public hearing process, parties of interest, as defined in M.G.L. Chapter 40A, Section 11 must be notified.
- Recording of Special Permit
As allowed in Section IV B, 1e of this bylaw, accessory family dwelling units shall be permitted in single-family residential districts by Special Permit. The SPGA shall be the Zoning Board of Appeals which will apply the standards specified herein and may attach other conditions it deems appropriate.
The intent of this bylaw is:
The Zoning Board of Appeals may grant a Special Permit to allow an AFDU in an existing or new single family dwelling, provided the following standards and requirements are met:
No building permit shall be issued for construction of an AFDU until a Special Permit has been granted and recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Building Inspector.
If any part of this bylaw is found to be illegal, the balance shall remain in force.
(Adopted ATM May 3, 2004)