[Added 11-8-2007 STM by Art. 17]
An accessory apartment, or in-law apartment, is a self-contained
housing unit incorporated within a single-family dwelling that is
a subordinate part of the single-family dwelling and complies with
the criteria below:
The intent of permitting accessory apartments is to:
26.1.1.
Provide older 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
which 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 lifecycle.
26.1.4.
Protect stability, property values, and the single-family residential
character of a neighborhood by ensuring that accessory apartments
are installed only in owner-occupied houses.
26.1.5.
To provide housing units for persons with disabilities.
The installation of an accessory apartment shall require a special
permit. The Planning Board shall be the special permit granting authority
for installation of an accessory apartment within an existing or new
owner-occupied, single-family dwelling and only when all the following
conditions are satisfied:
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
its jurisdiction.
[Amended 5-5-2011 ATM by Art. 18]
26.2.2.
The apartment will be a complete, separate housekeeping unit
containing both kitchen and bath.
26.2.3.
Only one accessory apartment may be created within a single-family
house.
26.2.4.
The special permit is automatically revoked if an owner no longer
lives on the premises. "Owner" is taken to mean the individual or
individuals whose name(s) appear(s) on the deed as owner and one or
more of whom reside on the premises.
26.2.5.
An accessory apartment is allowed under a special permit issued
by the Planning Board after approval of a site plan which shows all
interior and exterior changes to the building.
[Amended 10-27-2016 STM
by Art. 22]
26.2.6.
Site plan approval conforms to the Zoning Bylaw, including but
not limited to Section VIII, §§ 8.1.3, 8.5.1.1 through
8.5.1.8, 8.5.1.12 and 8.5.1.14.
26.2.7.
The gross floor area of an accessory apartment (including any
additions) shall not be greater than 900 square feet.
26.2.8.
Once an accessory apartment has been added to a single-family
residence, the accessory apartment shall never be enlarged beyond
the 900 square feet allowed by this bylaw.
26.2.9.
An accessory apartment may not be occupied by more than two
adults plus related children. Any guests of the occupants may not
stay longer than 14 days in any three-month period. If the owner lives
in the smaller apartment, the main residence may not be occupied by
more than two adults and related children.
26.2.10.
An accessory apartment may not be sublet. An accessory apartment
cannot be occupied except under lease that includes a provision against
excessive noise or disturbance of the neighborhood. The lease shall
also state the apartment cannot be sublet.
26.2.11.
A minimum of three off-street parking spaces must be available
for use by the owner-occupant(s) and tenants to avoid on-street parking.
26.2.12.
The design and room sizes of the apartment must conform to all
applicable standards in the health, building and other codes.
26.2.13.
Special permits issued under this section shall specify that
the owner must occupy one of the dwelling units. Special permit and
the notarized letters required in §§ 26.2.14 and 26.2.15
below must be recorded in the Hampshire Registry of Deeds or Land
Court, as appropriate, in the chain of title to the property, with
documentation of the recording provided to the Building Inspector
prior to the occupancy of the accessory apartment.
26.2.14.
Prior to issuance of a permit, the owner(s) must send a notarized
letter to the Building Inspector stating that the owner will occupy
one of the dwelling units on the premises as the owner's permanent/primary
residence, except for bona fide temporary absences not to exceed three
months.
26.2.15.
When a structure which has received a permit for an accessory
apartment is sold, the new owner(s), in order to continue to exercise
the permit, must, within 30 days of the sale, submit a notarized letter
to the Building Inspector stating that he (they) will occupy one of
the dwelling units on the premises as his (their) primary residence.
This statement shall be listed as a condition on any permits which
are issued under this section.
26.2.16.
The Planning Board may adopt regulations necessary to fulfill
the intent of this bylaw.
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.
Noncriminal 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 noncriminal
disposition procedure set forth in the § 6.1 of the Zoning
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.
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The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof.
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