Waltham, MA
Waltham, MA Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 2/10 (10 is most accepting)
Last updated: 9.10.2024
Source: City of Waltham MA
What You Need To Know
Currently not in compliance with the Massachusetts Affordable Homes Act.
Currently, ADUs are only allowed within an existing single family home. There is currently just an ADU definition on the books in Waltham, but there is nothing that specifies a size maximum or minimum, rental rules, or owner occupancy.
Type of ADU Permit Required
ADUs require a special permit through the Board of Appeals.
ADU Rules
Accessory dwelling units. The Board of Appeals shall only grant such special permit when it has determined that the following limitations have been complied with and the Board shall include the following in its decision:
The proposed dwelling unit is in harmony with and will promote the purposes of this chapter.
The dwelling unit is accessory to the principal residence and either the dwelling unit or the principal residence is occupied by the owner of the lot on which the dwelling unit is to be located, which owner shall have owned the lot for not less than five years.
The dwelling unit is designed for and may be occupied by not more than two persons.
Adequate provision has been made for access to such dwelling unit, separate from the access of the principal residence.
No alteration to the exterior of the dwelling shall be made.
No increase in the floor area of the dwelling shall be made.
The construction, reconstruction and occupancy of the dwelling unit will not be detrimental or injurious to persons or property.
The lot on which the dwelling is located contains at least 20,000 square feet in Residence A-1 Districts and 15,000 square feet in Residence A-2 Districts.
The building in which the proposed dwelling unit is to be located existed on the date of the adoption of this subsection.
There shall be provided on the lot a parking area sufficient to hold at least four cars designed in accordance with Sections 5.3 through 5.35 and in such a manner that cars can exit onto the street in a forward direction.
Any special permit granted under this section shall require that the applicant request recertification of the permit at periods not exceeding three years, and failure to request such recertification shall cause the permit to lapse. The Board of Appeals may, in appropriate cases, impose further restrictions on the apartment or the lot as a condition of the special permit.
The special permit, if granted, shall clearly state that it is not transferable to a purchaser of the lot and shall require, as a condition of its validity, that a copy of the permit be filed in the Registry of Deeds by the applicant.