A Detailed Explanation of the Accessory Dwelling Unit (ADU) Zoning Code

Key Points of the ADU Section in the Affordable Homes Act

1. By-Right Zoning for ADUs Explanation: The Act allows for the construction of ADUs "by right" across Massachusetts in all single-family zoned districts. This means homeowners can build ADUs without needing special permits or variances, simplifying the process and reducing bureaucratic hurdles.
2. Size Limitation Explanation: ADUs can be built up to 900 square feet. This size limit aims to ensure that these units remain supplementary to the primary residence rather than becoming standalone large homes, thereby promoting density while maintaining the character of neighborhoods.
3. Parking Requirements Explanation: The legislation caps parking mandates at one spot per ADU if the unit is located more than ½ mile from public transit. This policy encourages less reliance on cars in areas well-served by public transportation, potentially reducing urban sprawl and promoting sustainable living.
4. Prohibition on Owner Occupancy Requirements Explanation: ADUs cannot be subjected to owner occupancy requirements. This provision ensures that ADUs can be rented out, which could help increase the rental housing stock, providing more options for tenants and potentially generating income for homeowners.
5. Impact on Housing Supply Explanation: The Executive Office of Housing and Livable Communities projects that ADUs could generate approximately 10,000 new homes over the next five years. This is aimed at alleviating Massachusetts's housing crunch by increasing housing density without significantly altering the landscape of single-family neighborhoods.
6. Local Building Codes Explanation: While ADUs can be built by right, they must still comply with local building codes. This ensures that the construction meets safety and quality standards, maintaining the integrity of local infrastructure.
7. Economic and Social Benefits Explanation: ADUs are seen as a solution for various demographic needs, from aging in place for seniors, providing housing for extended family members, to offering affordable rental options. This flexibility supports diverse housing needs within existing communities, potentially reducing the need for large-scale new developments.
8. Legislative and Public Support Explanation: The push for ADUs has been supported by various groups, including AARP Massachusetts, which sees ADUs as a way to help older adults stay in their communities. The broad support reflects a consensus on the need for more flexible housing solutions.

Broader Context

• Housing Crisis Mitigation: The inclusion of ADUs in the Affordable Homes Act is part of a larger strategy to address the housing shortage in Massachusetts, aiming to make housing more affordable and accessible.
• Community and Environmental Impact: By promoting denser housing in existing neighborhoods, the Act indirectly supports environmental goals by reducing the need for new land development, thereby preserving green spaces and reducing urban sprawl.

This legislation represents a significant shift towards recognizing the potential of ADUs not just as supplementary housing but as a critical component in solving broader housing and urban planning challenges in Massachusetts.