Revised ADU bylaw proposal for May 2025 ATM
Compare with existing bylaw by checking town bylaws Section 8 subsection j. Changes were to comply with new state law: no special permit required, allowed by right, no owner occupancy requirement. Definitions changed to be consistent with state law definitions and unneeded definitions were removed.
The zoning bylaws of Sandisfield shall be amended by adding to the Table of Permitted Uses in section 3 (b) directly after “One-Family Dwelling Unit” a new line 2: “Accessory Dwelling Unit” and in the “Permitted” column the letter “Y”
The zoning bylaws of Sandisfield shall be amended by striking Section 8, subsection j and replacing it with the following:
j) Accessory Dwelling Units
1. Purpose and Intent
a. Provide homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave.
b. Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing.
c. Develop housing units in our single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle.
d. Provide a housing unit for persons with disabilities. e. Protect stability, property values, and the residential character of a neighborhood.
2. Definitions 18
a. Accessory Dwelling Unit (ADU). A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that:
(a) maintains 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 Building Code for safe egress;
(b) is not larger in Gross Floor Area than ½ the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is smaller.
b. Gross Floor Area (GFA). The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces.
c. Single-Family Dwelling: A building designed or used exclusively as a residence and including only one dwelling unit.
d. Primary Residence: A building in which is conducted the principal use of the lot on which it is located. Such a building would be a dwelling and occupied more than six (6) months of the year.
e. Short Term Rental: A rental that is not for more than thirty-one (31) consecutive calendar days.
3. Procedural Requirements
a. Review Procedure – All ADU’s shall require a building permit
1. ADU plans must be inspected and approved by the Sandisfield Conservation Commission, Board of Health, Planning Board, and Fire Chief with respect to wetlands, setbacks, and 911 Number.
2. Prior to issuance of a permit, a floor plan must be submitted showing either the proposed interior and exterior changes to an existing building, or plans for a new building.
4. Use and Dimensional Regulations
a. The issuance of a Building Permit shall follow the requirements in Section 03.0.
b. The placement of an ADU shall meet all zoning bylaw requirements including setbacks. c. Only one ADU may be created withing a single-family house or house lot.
d. The gross floor area of an ADU shall not be greater than 900 sq feet”
e. An ADU must have adequate septic capacity.
f. The construction of any ADU must conform to all applicable health and building codes.
g. Sufficient off-street parking shall be available for both primary residents and ADU occupants
h. An ADU shall not be used as a short term rental.
5. Administration and Enforcement
a. It shall be the duty of the Building Inspector to administer and enforce the provisions of this Bylaw. b. The Building Inspector shall issue a cease and desist order on any work in progress or on the use of any premises, either of which are in violation of the provisions of this bylaw.