Amendment ID: S3018-160-R1
Redraft Amendment 160
Accessory Dwelling Units
Messrs. Crighton and Eldridge, Ms. Moran, Ms. Chang-Diaz, Mr. Cyr, Ms. Lovely and Ms. DiZoglio move that the proposed new text be amended by inserting after section 46 the following section:-
“SECTION 46A. Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by adding the following 4 paragraphs:-
No zoning ordinance or by-law shall prohibit or require a special permit for the use of land or structures for an accessory dwelling unit, or the rental thereof, in a single-family residential zoning district on a lot with not less than 5,000 square feet or on a lot of sufficient area to meet the requirements of title 5 of the state environmental. The use of land or structures for an accessory dwelling unit may be subject to reasonable regulations concerning dimensional setbacks and the bulk and height of structures; provided, however, that not more than 1 additional parking space shall be required for an accessory dwelling unit. The department of housing and community development shall create and implement guidelines for municipal regulations.
Nothing in this paragraph shall authorize an accessory dwelling unit to violate any building, fire, health or sanitary codes, historic or wetlands laws or municipal ordinances or by-laws.
As used in this section, “accessory dwelling unit” shall mean a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as a single-family dwelling or in a detached accessory structure and that has: (i) not less than 450 square feet in floor area; and (ii) a floor area not more than one-half of the floor area of the single-family dwelling or 900 square feet.”.