[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:
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.
Add to the variety of rental housing available to serve households which might otherwise have difficulty finding housing.
Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their lifecycle.
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.
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:
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]
The apartment will be a complete, separate housekeeping unit containing both kitchen and bath.
Only one accessory apartment may be created within a single-family house.
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.
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]
Site plan approval conforms to the Zoning Bylaw, including but not limited to Section VIII, §§ 8.1.3, 188.8.131.52 through 184.108.40.206, 220.127.116.11 and 18.104.22.168.
The gross floor area of an accessory apartment (including any additions) shall not be greater than 900 square feet.
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.
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.
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.
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.
The design and room sizes of the apartment must conform to all applicable standards in the health, building and other codes.
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.
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.
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.
The Planning Board may adopt regulations necessary to fulfill the intent of this bylaw.
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:
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.