Hanover, MA
Hanover, MA Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 2/10 (10 is most accepting)
Last updated: 10.29.2024
Image source: Wikipedia
What You Need To Know
Currently not in compliance with the Massachusetts Affordable Homes Act.
ADUs currently are only allowed to be built for families to live closer to one another. Also, ADUs can only be created within an existing single family home.
Type of ADU Permit Required
A special permit is needed and the owner(s) must file a Declaration of Covenants at the Plymouth County Registry of Deeds stating that the use of the ADU shall be restricted to relatives of the owner.
ADU Rules
Definition and Permitting: ADUs must be self-contained housing within a single-family dwelling (not in accessory structures) and require a special permit from the Zoning Board of Appeals.
Occupant Requirement: ADUs are designated for individuals related to the primary owner-occupant by blood, marriage, or adoption.
Limitations on Units: Only one ADU is allowed per dwelling and per residential lot.
Owner Occupancy: The owner must occupy one of the units as their primary residence, with exceptions for temporary absences.
Exterior Access: New exterior stairs for the ADU must be located on the side or rear, unless otherwise required by building codes.
Parking: Off-street parking must be provided for both owner-occupants and tenants; specific requirements are determined by the Zoning Board of Appeals.
Size Limits: ADU size is capped at 33% of the gross area of the primary residence (or 800 square feet, whichever is smaller).
Bedroom Limit: ADUs may have a maximum of two bedrooms.
Code Compliance: ADUs must meet State Building Code, State Sanitary Code, and local bylaws.
Familial Affidavit: ADU applications must include an affidavit confirming the familial relationship between occupants and owners.
Annual Certification: Owners must re-certify occupancy and family status with the Building Commissioner yearly and notify of tenant changes within 30 days.
Recorded Declaration: Owners must file a Declaration of Covenants with the Plymouth County Registry, restricting ADU use to relatives of the property owner.
Existing ADUs: ADUs existing before the bylaw must comply with the State Building Code; each case is reviewed individually.
Administration: The Building Commissioner oversees administration, issues permits, and enforces compliance. No ADU may be occupied without a certificate of occupancy.
Continuous Use: Permits for construction or special use must adhere to subsequent bylaw amendments unless construction begins within six months.
Documentation Requirement: ADUs without proper documentation may incur fines as per Section 12.500 of the Hanover Zoning Bylaw.
Sale Restriction: ADUs cannot be sold separately from the principal dwelling.