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

Salem, like all of Massachusetts since the passage of the 2024 Affordable Homes Act, allows ADUs by right. Each town has slightly different rules surrounding ADUs, but they all must adhere to the framework outlined by the state. In Salem, one ADU per single-family home is allowed. Separately, owners who choose to rent their ADUs at or below 70% of the Fair Market Rent limit in Salem are eligible for a property tax exemption on their ADU.

Type of ADU Permit Required

ADUs in Salem do not require special permits, and can be built using a traditional building permit. For lots with two-five units, owners may apply for a special permit to build up to one ADU per unit. ADUs are not permitted on lots with over five units in Salem. 

ADU Rules

An ADU can be maximum 900 square feet or half the Gross Floor Area of the main house; whichever is smaller. 

  • The ADU and the main house must be owned by the same person(s).

  • Short-term rentals are prohibited.

  • No additional parking is required for an ADU. 

  • ADUs may be attached or detached from the main house - if detached, they must be built at least 10 feet from the main house.

  • ADUs cannot be built in the front yard.

  • Detached ADUs can have a maximum height of 18 feet

  • Attached ADUs must maintain the architectural style of the main house to the extent possible. 

  • ADUs must have a separate entrance from the main house - attached ADUs can share an entry hall with the main house, but need a separate entry within the entry hall. 

  • Exterior stairways need to be built on the side or rear of the ADU or main home.

  • Detached ADUs that are not owner occupied must have utilities on a separate service.

Resources:

https://library.municode.com/ma/salem/codes/zoning_ordinance?nodeId=S3.0USRE_3.2ACUS (See section 3.2.8)

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Norwell, MA

Norwell, 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

ADUs are allowed by right in Norwell both detached and within existing homes.  As the rules are written currently, if you want to build a detached ADU, you need to go through site plan review from the Planning Board. 

Type of ADU Permit Required

ADUs require a building permit, but detached ADUs specifically require site plan review.  

ADU Rules

Interior ADUs:

  • Entrance: Must have a separate entrance, either directly outside or via a shared corridor meeting building code requirements for egress.

  • Size: Maximum floor area is the lesser of 900 square feet or 50% of the principal dwelling's floor area.

  • Short-Term Rentals Prohibited: Restrictive covenant required, enforceable by the Town, prohibiting short-term rental use.

  • Bedroom Limit: Restricted to one bedroom.

  • Parking: Must have one dedicated parking space; principal dwelling must have at least two. Shared driveway usage required.

  • Appearance: Entrance and parking must maintain the single-family residential look; separate entrances should be less visible than the main entrance from the street.

  • Owner Occupancy: Either the principal dwelling or the ADU must be owner-occupied at all times.

  • Sewage Approval: Board of Health must approve sewage disposal according to Title 5 and other regulations.

  • Commercial Use: No commercial use allowed except for permitted home occupations.

Detached ADUs:

  • Entrance: Must have a separate entrance meeting state building code requirements.

  • Size: Maximum floor area is the lesser of 900 square feet or 50% of the principal dwelling's floor area. If part of a larger accessory structure, the ADU's designated space must meet this limit.

  • Short-Term Rentals Prohibited: Same restrictive covenant rules as interior ADUs.

  • Bedroom Limit: Restricted to one bedroom.

  • Parking: Requires one dedicated parking space; principal dwelling must have at least two. Shared driveway usage required.

  • Owner Occupancy: Either the principal dwelling or the detached ADU must be owner-occupied at all times.

  • Sewage Approval: Same sewage disposal approval as interior ADUs.

  • Design Standards: Must maintain the single-family residential appearance and adhere to setbacks. Detached ADUs cannot be located in front of the principal dwelling. Architectural design must align with the principal dwelling and requires site plan review.

  • Rental Use: Only one unit (either the principal dwelling or the ADU) can be rented at a time. Owners may reside in the ADU while renting out the principal dwelling.

  • Commercial Use: No commercial use allowed except for permitted home occupations.

Resources:

https://ecode360.com/32060629#32060630

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Wellesley, MA

Wellesley, MA Accessory Dwelling Unit (ADU) Rules

City Acceptance Rating: 6/10

Last updated: 10.29.2024

What You Need To Know

Currently not in compliance with the Massachusetts Affordable Homes Act.

ADU rules in Wellesley are pretty relaxed but still do not conform to the new Affordable Homes Act because of the permits needed and approval from the Planning Department.

Type of ADU Permit Required

ADUs require a building permit from the Inspector of Buildings and an annual certificate from the Planning Department.

ADU Rules

  • ADUs must match the principal dwelling’s style, including siding, roof pitch, trim, windows, and doors.

  • Exterior ADU doors cannot face public streets or private ways unless in pre-existing detached structures.

  • Exterior staircases must be hidden from public view and complement the main dwelling.

  • ADU construction must not exceed the principal dwelling’s height before ADU construction.

  • Detached ADUs are allowed only in the rear or side yard or in pre-existing buildings.

  • ADU size: minimum of 250 sq ft, maximum of 900 sq ft or 50% of the main dwelling’s gross area.

  • ADU must meet all applicable area and yard regulations.

  • Operational Requirements:

    • ADU owners must file a notice with the Registry of Deeds.

    • Owners must reside on the property for at least 184 days per year and cannot lease the owner unit when absent.

    • Minimum lease term for the non-owner-occupied unit is 30 days.

    • No product pickups or deliveries beyond typical residential activities.

    • ADUs cannot be used for a home business.

Resources:

https://wellesleyma.gov/DocumentCenter/View/30044/Section-513-Accessory-Dwelling-Units

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