Winchester, MA

Winchester, MA Accessory Dwelling Unit (ADU) Rules

City Acceptance Rating: 2/10 (10 is most accepting)

Last updated: 9.10.2024

What You Need To Know

Currently not in compliance with the Massachusetts Affordable Homes Act.

ADUs may be constructed for folks over the age of 62 to age in place or for individuals with disabilities to live independently. 

Type of ADU Permit Required

ADUs are permitted by right and require a building permit.

ADU Rules

  • There shall be no more than one accessory unit per single family or duplex lot.

  • The owner must reside in either the primary dwelling unit or the accessory dwelling unit.

    For the purposes of this Section 3.2.2, the “owner” shall be a person (or persons) that owns either a fee simple interest in the dwelling unit or beneficial interest in the dwelling unit, as may be evidenced by a schedule of beneficial interest or other appropriate instrument, and for whom either dwelling is their primary residence.

  • The accessory dwelling unit and primary dwelling units must comply with the Table of

    Dimensional Requirements in Section 4. Otherwise, an applicant may apply for appropriate relief with the Zoning Board of Appeals as set forth in these zoning bylaws.

  • Any exterior changes for an accessory dwelling unit shall be constructed similarly in style

    to the primary residence.

  • Any new exterior entrance for the ADU shall appear secondary to the primary entrance.

    Winchester Clerk’s Office

  • For an upper floor accessory dwelling unit created within a primary dwelling unit, a

    secondary egress shall either be created within the envelope of the structure or be constructed on the exterior to the rear or side of the primary dwelling unit.

  • The ADU must comply with all residential occupancy and building permit regulations.

  • Parking for an accessory dwelling unit shall meet the parking requirements located in

    Section 5.1.6 and be met off the street with at least one parking space.

  • The owner of the property shall certify annually, at the time of sale, and when there is a

    change in occupancy to the Building Department that the accessory dwelling unit and primary residence are being used in accordance with these provisions. The Use must cease within 90 days if out of compliance. The fee for inspection certification and non-compliance shall be set by the Select Board. The Zoning Enforcement Officer shall be permitted access to the property to verify the certification.

  • The Zoning Enforcement Officer shall determine if the ADU complies with provisions 4

    and 5 above, with the advice of the Design Review Committee (DRC)


Resources:

https://www.winchester.us/DocumentCenter/View/10172/Accessory-Dwelling-Units?ref=winchesternews.org