On
July 15, 2021, the Town Council affirmatively voted to approve Item No. 2021-174, a zoning amendment allowing Accessory Dwelling Units (ADUs). The Council voted a modification to the rental requirements (§240-47.2(C)(11)) to state that “Either the principal dwelling or ADU, but not both, may be rented at any given time.”Additionally, the Town Council affirmatively voted to approve Item No. 2021-175, as written, to incorporate a provision for the ability to seek relief by special permit for ADUs greater than 900 square feet.
The ADU zoning ordinance will be effective on Sunday August 15th.
Staff is working on a checklist which will guide applicants through the process of permitting and constructing an Accessory Dwelling Unit (ADU).
Approved Accessory Dwelling Unit (ADU) Ordinance (2021-174 & 2021-175)
The Town has put together an FAQ resource to answer the most common questions about the new ADU ordinance (updated
June 2022)
ADU Frequently Asked Questions
Discussion about adopting a zoning ordinance to allow Accessory Dwelling Units (ADUs) commenced with an initial review of the Cape Cod Commission's model ordinance and consideration of policy issues conducted by the Town Council's Zoning & Regulatory Subcommittee in 2020. The draft ordinance for consideration was put forward by that Subcommittee. The draft was then referred to Town staff for technical and legal review, as well as review against the new "Housing Choice" legislation adopted by the Commonwealth on January 14, 2021.
Cape Cod Commission's Model ADU Ordinance
The proposed zoning amendment was reviewed at Planning Board and Town Council as two items: Town Council Item No. 2021-174 and Town Council Item No. 2021-175. The recently adopted "Housing Choice" legislation reduced the vote required for adoption of a zoning amendment allowing 'as of right' ADUs from a two-thirds majority vote to a simple majority vote in an effort to encourage new housing production. The first item, No. 2021-174, proposed adding Accessory Dwelling Units (ADUs) to the Town's zoning ordinance which, per the recent legislation, required a simple majority vote. The second item, No. 2021-175, modified the proposed Accessory Dwelling Units (ADUs) ordinance to incorporate a provision for the ability to seek relief by special permit for ADUs greater than 900 square feet. This provision diverged from the "Housing Choice" legislation which defines an ADU as being 900 square feet and was required to be voted upon separately as a two-thirds majority vote.
Please see the Town Council Items (Orders and Rationales) as well as the Planning Board Staff Reports for each of the items, as listed below:
Item 2021-174 - Proposed Accessory Dwelling Units (ADUs) Ordinance
Item 2021-175 - Proposed relief by special permit for ADUs greater than 900 square feet
At the July 15, 2021 meeting, at a duly noticed public hearing, the Town Council affirmatively voted to approve Item No. 2021-174 to add Accessory Dwelling Unit (ADU) zoning to the Town's Code, with a modification to 240-47.2(C)(11) to state that “Either the principal dwelling or ADU, but not both, may be rented at any given time.” Additionally, the Town Council affirmatively voted to approve Item No. 2021-175, as written, to incorporate a provision for the ability to seek relief by special permit for ADUs greater than 900 square feet.
The Town posted an online forum to allow residents to comment on ADUs.
ADU Online Forum Questions & Comments
To help keep the public informed of zoning issues in Barnstable, the Town is now offering e-mail notices of current and upcoming zoning amendment proposals and related meetings. Sign up
HERE.Contact:
Town Staff: Elizabeth Jenkins, AICP, Director of Planning & Development, 508-862-4735, elizabeth.jenkins@town.barnstable.ma.us
Photo credit: ABCs of ADUs