HOUSE DOCKET, NO. 2626 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1282
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The Commonwealth of Massachusetts
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PRESENTED BY:
Kevin G. Honan and Edward F. Coppinger
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act promoting accessory dwelling units.
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PETITION OF:
Name: | District/Address: | Date Added: |
Kevin G. Honan | 17th Suffolk | 1/17/2019 |
Kenneth I. Gordon | 21st Middlesex | 1/29/2019 |
Randy Hunt | 5th Barnstable | 1/21/2019 |
Bradley H. Jones, Jr. | 20th Middlesex | 1/30/2019 |
Louis L. Kafka | 8th Norfolk | 1/22/2019 |
Kay Khan | 11th Middlesex | 1/29/2019 |
Brian W. Murray | 10th Worcester | 1/29/2019 |
Elizabeth A. Poirier | 14th Bristol | 1/31/2019 |
Bruce E. Tarr | First Essex and Middlesex | 1/30/2019 |
Timothy R. Whelan | 1st Barnstable | 1/22/2019 |
HOUSE DOCKET, NO. 2626 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1282
By Messrs. Honan of Boston and Coppinger of Boston, a petition (accompanied by bill, House, No. 1282) of Kevin G. Honan and others relative to the regulation of location, dimensions or design of accessory dwelling units. Housing. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 127 OF 2017-2018.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act promoting accessory dwelling units.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 2 of chapter 40R of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “meanings:,” in line 2, the following definitions:-
“Accessory dwelling unit”, a self-contained housing unit incorporated within a single-family dwelling or detached accessory structure that is clearly subordinate to the single-family dwelling and complies with the use, dimensional, and design requirements of the local zoning ordinance or by-law.
“Accessory dwelling zoning district”, a zoning district adopted by a city or town pursuant to this chapter that is superimposed over 1 or more zoning districts, in which a developer may elect to (i) develop a project in accordance with requirements of the accessory dwelling zoning district ordinance or bylaw, or (ii) develop a project in accordance with requirements of the underlying zoning district.
SECTION 2. Said chapter 40R is hereby further amended by adding the following section:-
Section 15. In its zoning ordinance or by-law, a city or town may adopt an accessory dwelling zoning district. A proposed accessory dwelling zoning district shall permit the use of accessory dwelling units as of right.
No zoning ordinance or by-law shall unreasonably regulate the location, dimensions, or design of an accessory dwelling unit on a lot.
An accessory dwelling zoning district ordinance or by-law, or any amendment to or repeal of such ordinance or by-law, shall be adopted in accordance with section 5 of chapter 40A; provided however, that an accessory dwelling zoning district ordinance or bylaw shall be adopted, amended or repealed by a simple majority vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are 2 branches, or by a simple majority vote of a town meeting.
A city or town with an approved accessory dwelling zoning district shall not be eligible for a zoning incentive payment or a density bonus payment pursuant to section 9, unless the district meets the requirements of an approved smart growth zoning district pursuant to section 6 of this chapter.”.