Salem, MA
Salem, MA Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 6/10 (10 is most accepting)
Last updated: 10.10.2024
Image source: Norwell Social
What You Need To Know
Currently not in compliance with the Massachusetts Affordable Homes Act.
Salem allows for ADUs to be constructed for affordable housing purposes. They must be rented for 70% of fair market rent to those at or below 70% area median income. This ordinance came from a law passed in 2022 that allows ADUs built in Salem to be exempt from property taxes as long as the ADU is rented to individuals at or below 70% area median income.
Type of ADU Permit Required
ADUs in Salem require a building permit.
ADU Rules
General Requirements:
Rent, including utilities and parking, must be at least 30% below the Fair Market Rent limit set by HUD for Salem.
The ADU must provide between 350 and 900 square feet of habitable space.
The ADU size cannot exceed 50% of the gross floor area of the principal dwelling.
Only one ADU is allowed per principal dwelling, and at least one owner must reside in either the principal or accessory unit as their primary residence.
The ADU must remain clearly subordinate in size, use, and design to the principal dwelling.
Restrictions:
ADUs are not allowed in buildings with five or more units.
Short-term rentals (as defined by the Salem Code of Ordinances) are prohibited in both the ADU and the principal dwelling.
ADUs cannot be sold or transferred separately from the principal dwelling.
Exterior stairways for second-floor ADUs must be located at the rear or side of the dwelling.
ADUs must share utilities (electricity, water, oil, gas) with the principal dwelling, and utility costs must be included in the rent.
Permitting and Compliance:
An ADU cannot be occupied until a certificate of occupancy is issued by the Building Inspector, verifying compliance with health and building codes.
The ADU must obtain a certificate of fitness under Section 2-705 of the Salem Code of Ordinances.
The ADU must be designed to allow discontinuation as a separate unit without structural demolition.
Building permits can be revoked if the owner fails to comply with ordinance conditions.
Termination of Use:
The ADU use is terminated immediately for ordinance violations, with a 30-day notice provided to the owner and occupants.
Upon termination:
The owner must discontinue ADU use and remove the kitchen facilities unless deemed incidental by the Building Inspector.
Additional exterior entrances for the ADU must be permanently closed unless waived by the Building Inspector.
The owner must allow inspections without a warrant to confirm compliance.
Additional Considerations:
ADUs must not result in a net loss of private trees on the property unless a payment is made to the tree replacement fund.
All clauses in the ordinance are severable; invalidation of one clause does not affect the others.