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HomeMy WebLinkAboutSR - 2021-074 Accessory Dwelling Units1 Town of Barnstable Planning & Development Department Staff Report Accessory Dwelling Unit (ADU) Zoning Amendment Date: November 25, 2024 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Background The Town of Barnstable must amend the zoning ordinance regarding accessory dwelling units (ADUs) to address provisions related to the passing of the Affordable Homes Act which was signed into law on August 6, 2024. The Affordable Homes Act permits ADUs to be built by-right in single family zoning districts. Barnstable already has an ADU Ordinance, however some provisions are now inconsistent with state law and could be subject to successful challenge. Therefore, certain provisions of the ordinance need to be revised to ensure that it is consistent with state law. State ADU law will supersede any inconsistent local ADU bylaw or ordinance when the changes go into effect on February 2, 2025. The Affordable Homes Act changes the definition of ADU under Section 1A of Chapter 40A of the General Laws to clarify that the maximum size of an ADU is no more than half of the gross floor area of the principal dwelling, or 900 square feet, whichever is smaller; and that it maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principle dwelling sufficient to meet the requirements of the state building code for safe egress. Section 3 of Chapter 40A was also amended to prohibit owner-occupancy requirements and to require that no more than one (1) additional parking space shall be required for an accessory dwelling unit. This section was further amended to require that no additional parking space shall be required for an accessory dwelling located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station. Finally, Section 3 provides that a Special Permit shall be required for more than one (1) accessory dwelling unit in a single-family residential zoning district. The proposed amendments to Barnstable’s ADU ordinance will address these issues to make the Town’s ordinance consistent with state law. Procedural Information The Planning Board may assume the role as sponsor to move this zoning amendment forward. A majority vote of the Planning Board is requested to sponsor this proposed article. Zoning amendments are processed in accordance with Massachusetts General Laws (MGL) Chapter 40A Section 5. Notice of a public hearing will be provided in accordance with all requirements of MGL 40A§5 upon referral by the Town Council after a sponsored amendment is submitted to the Town. The Planning Board must then forward an advisory report with recommendations on the proposed zoning amendment to the Town Council within 21 days after close of the Board’s hearing. The recommendation of the Planning Board requires a simple majority of the Planning Board members present and voting. 2 Enclosed attachment ▪ Proposed amended Accessory Dwelling Units definition and ordinance, §240-128 + §240-47.2, Redlined Town of Barnstable, MA § 240-47.1 § 240-47.1 Downloaded from https://ecode360.com/BA2043 on 2024-09-25 § 240-47.2. Accessory dwelling units (ADUs). [Added 7-15-2021 by Order No. 2021-174] A. Purpose and intent. The intent of permitting accessory dwelling units (ADUs) is to: (1) Increase the number of dwelling units available for year-round rental in Town while remaining within our current wastewater capacity limitations; (2) Adapt single-family residential properties so they are supportive of residents at a variety of stages in their life cycle; (3) Encourage greater diversity and support of all populations with particular attention to young adults and senior citizens; and (4) Encourage a more economic and efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods; and (5) Provide homeowners with a means of obtaining rental income to defray housing costs. B. Procedural requirements. (1) An ADU that conforms to the requirements contained herein shall be permitted as an accessory use to a lawful single-family dwelling use, except that no ADU shall be permitted on a lot at the same time either an affordable accessory apartment exists on that lot pursuant to Chapter 9, Article II, §§ 9-12 through 9-16, of the General Ordinances of the Code of the Town of Barnstable or as a family apartment exists on that lot pursuant to § 240-47.1. (2) Prior to issuance of a building permit for an ADU, site plans, floor plans and elevations shall be submitted showing the proposed interior and exterior changes to existing buildings or new buildings and improvements on a lot associated with a proposed ADU. (3) The construction of any accessory dwelling unit must be in conformity with the federal, state, and local laws and regulations, including all historic, and Old King's Highway requirements if applicable. Town of Barnstable, MA § 240-47.2 § 240-47.2 Downloaded from https://ecode360.com/BA2043 on 2024-09-25 C. Use and dimensional requirements. The Building Commissioner may issue a building permit authorizing the installation and use of an accessory dwelling unit within a lawful existing or new single-family dwelling to which the ADU is accessory, or in a new or existing detached building accessory to and on the same lot as the principal dwelling subject to the following: (1) No more than one ADU may be created per lot. A Special Permit is required if an applicant is seeking more than one ADU. This provision is not subject to variance. (2) If the primary entrance of an ADU is not proposed to be shared with that of the principal dwelling, such entrance shall be less visible from the street view of the principal dwelling than the main entrance of the principal dwelling. (2)(3) An ADU shall be designed so that, to the maximum extent practical, the appearance of the property on which it is to be located remains that of a single -family residential property. Any addition or new construction shall be consistent in design with the principal single-family dwelling, considering the following: architectural details, roof design, building spacing and orientation, door and window location, and building materials. The ADU shall maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. Any person aggrieved by the determination of a Town official with respect to a determination under this subsection may appeal said determination to the Zoning Board of Appeals. (3)(4) The ADU shall contain no more than two bedrooms. ADUs, in accordance with the definition, shall have a maximum habitable gross floor area that is not larger than 1/2 of the habitable floor area of the principal single-family dwelling unit (exclusive of floor area that converted to the ADU), or 900 square feet, whichever is smaller. ADUs with more than two bedrooms and/or a maximum habitable gross floor area greater than 900 square feet may be permitted by special permit from the Zoning Board of Appeals. Garages, unfinished attics and basements, common entries, porches and decks shall not be included in the floor area calculations. [Amended 7-15-2021 by Order No. 2021- 175] (4)(5) Occupancy of the ADU shall not exceed two persons; occupancy limitations shall not apply to children ages 18 and under. Occupancy of an ADU by more than two persons over the age of 18 may be permitted by special permit from the Zoning Board of Appeals. (5)(6) Once an ADU has been added to a single-family dwelling or lot, the accessory dwelling unit shall not be enlarged beyond the square footage allowed by this section. (6)(7) All parking for the ADU shall be off street. This section pProhibits imposing parking requirements in excess of one parking space per ADU, except that, when an ADU is located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, no parking spaces may be required. (7)(8) The Board of Health must have documented to the Building Commissioner that sewage disposal will be satisfactorily provided for in accordance with the provisions of Title 5 and Board of Health regulations, including provisions for an appropriate reserve area on the site. The principal dwelling unit and accessory dwelling unit shall meet all wastewater requirements for the combined number of bedrooms/wastewater flow on the lot. If the property is served by municipal sewer, the Department of Public Works shall Formatted: Font: 12 pt, Condensed by 0.1 pt Town of Barnstable, MA § 240-47.2 § 240-47.2 Downloaded from https://ecode360.com/BA2043 on 2024-09-25 certify adequate capacity is available to serve the additional unit. (8)(9) The rights and requirements of this section hereby transfer upon the sale of a property containing an ADU built under the provisions of this section. Town of Barnstable, MA § 240-47.2 § 240-47.2 Downloaded from https://ecode360.com/BA2043 on 2024-09-25 (9)(10) An ADU and the principal dwelling to which it is accessory may be rented only in accordance with the terms of this section. (10)(11) An ADU shall be used only as a rental, except that the owner of the property may reside in the ADU while renting the principal dwelling. The rental period for an ADU and for a principal dwelling shall not be shorter than 12 consecutive months. Either the principal dwelling or ADU, but not both, may be rented at any given time. (11)(12) The use of land or structures for an accessory dwelling shall not require owner occupancy of either the accessory dwelling unit or the principal dwelling (12)(13) Any commercial use, with the exception of permitted home occupations, shall not be allowed on a property on which there is an ADU. Formatted: Font: 12 pt NEW BUSINESS (First Reading, Refer to Planning Board) BARNSTABLE TOWN COUNCIL ITEM# 2025-0xx INTRO: 12/xx/2024 2025-0xx AMENDING ARTICLE XIV, CHAPTER 240, SECTION 128 OF THE ZONING ORDINANCE TO REVISE THE DEFINITION OF ACCESSORY DWELLING UNIT (ADU) AND AMENDING ARTICLE V, CHAPTER 240 SECTION 47.2, ACCESSORY DWELLING UNITS (ADUs) TO CLARIFY USE AND DIMENSIONAL REQUIREMENTS, SEPARATE ENTRANCE, GROSS FLOOR AREA DEFINITION, PARKING AND NO OWNER-OCCUPANCY REQUIREMENT. ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning be amended as follows: SECTION 1 By amending Article XIV, Chapter 240, Section 128 by deleting “inclusive of sleeping, cooking, and sanitary facilities” and adding “provides complete independent living facilities for one or more persons, as outlined herein, including permanent provisions for living, sleeping, eating, cooking and sanitization,” as well as, deleting in the definition of “Accessory Dwelling Unit (ADU)” the word “habitable” and replacing with “gross” so it reads as follows: ACCESSORY DWELLING UNIT (ADU) An accessory dwelling unit (ADU) is a self-contained dwelling unit that provides complete independent living facilities for one or more persons, as outlined herein, including permanent provisions for living, sleeping, eating, cooking and sanitization, incorporated within a lawful principal single-family dwelling or within a detached building accessory to and on the same lot and in the same ownership as a lawful principal single-family dwelling use. The ADU shall maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. ADUs shall have a maximum gross floor area that is not larger than 1/2 of the gross floor area of the principal single-family dwelling unit (exclusive of floor area that was converted to the ADU), or 900 square feet, whichever is smaller, unless special permit relief is granted with respect to the requirements of § 240-47.2C(4) with regard to square footage. [Added 7-15-2021 by Order No. 2021-174; amended 7-15-2021 by Order No. 2021-175] SECTION 2 By amending Article V Accessory Uses, Section 47.2(C)(1), Accessory Dwelling Units by adding the phrase “A Special Permit is required if an applicant is seeking more than one ADU” and deleting “This provision is not subject to variance” so it reads as follows: C. Use and dimensional requirements. The Building Commissioner may issue a building permit authorizing the installation and use of an accessory dwelling unit within a lawful existing or new single-family dwelling to which the ADU is accessory, or in a new or existing detached building accessory to and on the same lot as the principal dwelling subject to the following: (1) No more than one ADU may be created per lot. A Special Permit is required if an applicant is seeking more than one ADU. SECTION 3 By amending Article V Accessory Uses, Section 47.2(C)(3), Accessory Dwelling Units by adding the phrase “The ADU shall maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress.” so it reads as follows: (3) An ADU shall be designed so that, to the maximum extent practical, the appearance of the property on which it is to be located remains that of a single-family residential property. Any addition or new construction shall be consistent in design with the principal single- family dwelling, considering the following: architectural details, roof des ign, building spacing and orientation, door and window location, and building materials. The ADU shall maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. Any person aggrieved by the determination of a Town official with respect to a determination under this subsection may appeal said determination to the Zoning Board of Appeals. SECTION 4 By amending Article V Accessory Uses, Section 47.2(C)(4), Accessory Dwelling Units by deleting the word “habitable” and replacing with “gross” so it reads as follows (4) The ADU shall contain no more than two bedrooms. ADUs, in accordance with the definition, shall have a maximum gross floor area that is not larger than 1/2 of the gross floor area of the principal single-family dwelling unit (exclusive of floor area that was converted to the ADU), or 900 square feet, whichever is smaller. ADUs with more than two bedrooms and/or a maximum gross floor area greater than 900 square feet may be permitted by special permit from the Zoning Board of Appeals. Garages, unfinished attics and basements, common entries, porches and decks shall not be included in the floor area calculations. [Amended 7-15-2021 by Order No. 2021-175] SECTION 5 By amending Article V Accessory Uses, Section 47.2(C)(7), Accessory Dwelling Units by adding the phrase “This section prohibits imposing parking requirements in excess of one parking space per ADU, except that, when an ADU is located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, no parking spaces may be required” so it reads as follows (7) All parking for the ADU shall be off street. This section prohibits imposing parking requirements in excess of one parking space per ADU, except that, when an ADU is located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, no parking spaces may be required. SECTION 6 By amending Article V Accessory Uses, Section 47.2(C), Accessory Dwelling Units by renumbering Section 12 to become Section 13 and by adding the phrase to the new Section 12, “The use of land or structures for an accessory dwelling unit shall not require owner occupancy of either the accessory dwelling unit or the principal dwelling” so it reads as follows: (12) The use of land or structures for an accessory dwelling shall not require owner occupancy of either the accessory dwelling unit or the principal dwelling. (13) Any commercial use, with the exception of permitted home occupations, shall not be allowed on a property on which there is an ADU. SPONSOR: Mark S. Ells, Town Manager, upon recommendation of the Planning Board. DATE ACTION TAKEN _________ _________________________________________ _________ _________________________________________ ____ Read Item ____ Motion to Open Public Hearing ____ Rationale ____ Public Hearing ____ Close Public Hearing ____ Council Discussion ____ Vote NEW BUSINESS (First Reading Refer to Planning Board) SUMMARY ITEM# 2024-0xx INTRO: xx/xx/2024 TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: James Kupfer, Director, Planning & Development Department DATE: December xx, 2024 SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to Update Regulations Pertaining to Accessory Dwelling Units RATIONALE: These items propose to amend the Zoning Ordinance to address provisions related to the passing of the Affordable Homes Act which was signed into law on August 6, 2024. The Affordable Homes Act permits Accessory Dwelling Units (ADUs) to be built by-right in single family zoning districts. Barnstable already has an ADU Ordinance, and certain of its provisions as currently written are now inconsistent with state law and could be subject to successful challenge. Therefore, certain provisions of the Ordinance need to be revised to make them consistent with state law as amended. State ADU changes will supersede any inconsistent local ADU bylaw or ordinance when the changes go into effect on February 2, 2025, unless we amend them to be consistent with state law. The Affordable Homes Act changes the definition of ADU under Section 1A of Chapter 40A of the General Laws to clarify that the maximum size of an ADU is no more than half of the gross floor area of the principal dwelling, or 900 square feet, whichever is smaller; and that it maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principle dwelling sufficient to meet the requirements of the state building code for safe egress. Section 3 of Chapter 40A was also amended to prohibit owner-occupancy requirements and to require that no more than one (1) additional parking space shall be required for an accessory dwelling unit. This section was further amended to require that no additional parking space shall be required for an accessory dwelling located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station. Finally, Section 3 provides that a Special Permit shall be required for more than one (1) accessory dwelling unit in a single-family residential zoning district. The above referenced amendments to Barnstable’s ADU Ordinance will make the Town’s Ordinance consistent with State changes. FISCAL IMPACT: There is no significant fiscal impact associated with this item. TOWN MANAGER RECOMMENDATION: Mark S. Ells, Town Manager, supports this item. STAFF SUPPORT: James Kupfer, Director of Planning and Development; Corey Pacheco, Senior Planner; Brian Florence, Building Commissioner; Kathleen Connolly, Assistant Town Attorney