Newburyport

• Newburyport proactively adopted a comprehensive ADU ordinance on January 27, 2025, replacing its former "In-law apartment" classification, just days before the state law took effect on February 2, 2025.
• ADUs are allowed by right on any lot with a one-family use in any zoning district where single-family residential use is permitted. Attached, detached, and internal ADUs are all allowed.
• A Zoning Review by the Zoning Administrator is required to verify compliance, but no special permit or public hearing is needed for a conforming ADU.
• Short-term rentals of ADUs are strictly prohibited: no transient use for any period shorter than 30 days.
• Plum Island Overlay District (PIOD) properties face significant restrictions related to bedroom count limits and water/sewer infrastructure.

1. Prepare application: Gather site plan, floor plans, and elevations showing the proposed ADU and its relationship to the principal dwelling and lot.
2. Submit for Zoning Review: File with the Zoning Administrator for a written Zoning Determination verifying compliance with Section XXII and all applicable overlay district requirements.
3. Zoning Determination issued: If the ADU complies with all dimensional, parking, and zoning provisions, it is allowed as-of-right with a written Zoning Determination.
4. Building Permit: Obtain a building permit from the Building Department and comply with all applicable building, health, and safety codes.
5. Special Permit (if needed): A Special Permit from the SPGA is required only if (a) a detached ADU does not meet the principal dwelling setbacks, or (b) the ADU extends an existing nonconformity.
6. Former In-law apartments: May be converted to ADU status following a Zoning Review and written Zoning Determination confirming no additional zoning relief is required.

• Maximum size: 900 square feet or 50% of the gross floor area of the principal dwelling, whichever is smaller (per state law definition incorporated into local ordinance).
• ADU definition: A self-contained housing unit with sleeping, cooking, and sanitary facilities on the same lot as a one-family use.
• Entrance: Must maintain a separate entrance, either directly from the exterior or through a shared entry hall sufficient to meet state building code egress requirements. Attached ADUs may have a common interior door with the principal dwelling.
• Detached ADU height: Shall not exceed the lesser of the existing height of the principal dwelling or 20 feet.
• Detached ADU location: Must be located behind the front building wall of the principal dwelling and at least 10 feet from the principal dwelling. Driveway access should use existing curb cuts where feasible.
• Privacy provisions for detached ADUs closer to lot line than setbacks:
  • Screening by solid 6-foot fence and/or 6-foot-tall dense vegetation required between ADU and lot line.
  • No second-story windows or glass doors facing the noncompliant side yard/property line, unless clerestory with bottom at least 6 feet above finished floor.
  • No upper-level balcony or deck facing the noncompliant side yard/lot line.
• Lighting: All exterior lighting must be shielded and downcast to prevent light trespass onto adjacent lots.
• Setbacks and dimensional requirements: ADU must comply with yard requirements (setbacks) of the applicable zoning district. Detached ADU structures must comply with dimensional controls applicable to the principal dwelling.
• Lot coverage and open space: Must maintain minimum open space and maximum lot coverage requirements for the zoning district.

• 1 additional on-site parking space required for the ADU, beyond what is required for the principal dwelling.
• Parking waiver granted (by written Determination from the Zoning Administrator) if either:
  • The property is located within 0.5 miles of the MBTA commuter rail station and/or a Bus Station (as defined in 760 CMR 71.00); or
  • The ADU meets all requirements for listing on the Massachusetts Subsidized Housing Inventory (SHI) and the owner complies with all EOHLC regulations for SHI listing.
• No parking variances may be granted for ADU use (only the administrative waiver process above).

• Plum Island Overlay District (PIOD): All PIOD provisions remain in full effect for ADUs, including limitations on bedroom count (one additional bedroom in a lawfully preexisting dwelling with 1 or 2 bedrooms per Section XXI-G). This restriction exists due to a DEP Administrative Consent Order regarding water/sewer extension to the environmentally sensitive Barrier Beach island. Plum Island properties may face significant feasibility constraints for ADU construction.
• No variances allowed: The ZBA cannot grant a variance to permit more than one ADU per lot or to allow an ADU as accessory to a multifamily use.
• Former In-law apartments: Can be converted to ADU status through the Zoning Review process.
• Short-term rental prohibition: Strictly no transient use under 30 days, regardless of STRU status.
• Nonconforming structures: ADU within a one-family structure that extends an existing nonconformity requires a Special Permit rather than a variance.
• Eight ADU projects had been approved in Newburyport as of early 2026 according to state data.

Preamble and Purpose

Introduced September 9, 2024. Revised October 22, 2024. Amended for November 20, 2024. As Amended at P&D Meeting January 6, 2025. With Floor Amendment on 2nd Reading January 27, 2025.

ORDERED:

AN ORDINANCE AMENDING THE NEWBURYPORT ZONING ORDINANCE TO REPLACE "IN-LAW APARTMENT" USE WITH "ACCESSORY DWELLING UNIT" ("ADU") USE, CONSISTENT WITH THE AFFORDABLE HOMES ACT AND MGL CHAPTER 40A, SECTION 1A.

Be it ordained by the City Council of the City of Newburyport as follows:

WHEREAS, it is necessary and desirable to amend the Zoning Ordinance of the City of Newburyport, Massachusetts by replacing the existing "In-law apartment" use classification and associated provisions with a new use classification and associated provisions for "Accessory dwelling unit", with the following purposes in mind:

A. To allow additional options to house community residents; B. To give homeowners a way to obtain rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise leave; C. To enable the development of Accessory (secondary) dwelling units ("ADUs") that are appropriate for households at various stages in their life cycle, and for multi-generational households; D. To encourage a more balanced and diverse population and income mix, with particular attention to young adults and senior citizens; E. To protect the stability, property values, and the character of residential neighborhoods while integrating such ADUs; and F. To comply with Section 1A and Section 3 of Chapter 40A of the Massachusetts General Laws (M.G.L. c. 40A, §1A and §3).

Table of Use Amendments (Section V-D and V-E)

USE 109: "In-law apartment" replaced with "Accessory dwelling unit (ADU)"

ADU DEFINITION: A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a One-family use (use 101), subject to the requirements of Section XXII.

An "attached" Accessory dwelling unit may be located within (i) a principal dwelling, and/or (ii) a vertical or horizontal addition to an existing principal dwelling.

A "detached" Accessory dwelling unit may be located within an existing or newly constructed accessory structure.

Setback Requirements (Section VI-F amendments)

(10) Detached accessory buildings/structures (except where used as an ADU): a. Be set back from all streets by the required front yard distance for the district b. Be set back at least six (6) feet from any side and rear lot line and also at least ten (10) feet from any lawfully existing principal building or structure located on an abutting lot c. Separated from the principal building on the subject lot a minimum of three (3) feet d. Cover no more than 528 square feet of ground and have no wall length exceeding 24 feet, nor exceed 15 feet in height e. Garages or other structures exceeding above dimensions shall conform to height, front, side and rear yard setback requirements applicable to accessory buildings in the zoning district

(11) NEW: Any accessory structure used as a detached ADU shall comply with dimensional controls (setbacks, lot coverage, etc.) applicable to the principal dwelling on the lot in the zoning district where it is located, except as otherwise provided under Section XXII-B.

Section XXII. Accessory Dwelling Units (ADUs)

Section XXII-A — Purposes. (Same as WHEREAS clauses — purposes 1-6 above)

Section XXII-B — Accessory Dwelling Units (ADUs) Allowance and Permitting.

1. Maximum ADUs permitted on a lot. a. One (1) ADU per principal dwelling unit as an accessory use on the same lot as a (i) one-family use (use 101) within a zoning district where single-family residential use is permitted as-of-right or by Special Permit; or (ii) a lawful preexisting nonconforming one-family use, regardless of zoning district. b. No Variances. The ZBA shall not grant a variance to permit either: (i) more than one (1) ADU per principal dwelling on a lot with one-family use; or (ii) allowance for an ADU as accessory to any other uses, including but not limited to a multifamily structure or use (use 103).

2. Required zoning review and approval. All attached and detached ADUs shall require a Zoning Review and issuance of a written Zoning Determination by the Zoning Administrator to verify compliance with the provisions of this Ordinance, including the requirements of any applicable overlay districts. a. An "In-law" apartment approved under former Section XIIA may be converted to an ADU following a Zoning Review and upon issuance of a written Zoning Determination from the Zoning Administrator that no additional zoning relief is required. b. A proposed ADU on the same lot as a one-family use, whether attached or detached, that complies with all applicable provisions of this Ordinance, including, without limitation, dimensional and parking requirements, shall be allowed as-of-right. c. A proposed detached ADU within an otherwise conforming accessory structure that does not comply with the applicable setbacks for the principal dwelling, shall require grant of a Special Permit from the designated Special Permit Granting Authority (SPGA), rather than a variance. d. A proposed ADU within a one-family structure that extends an existing nonconformity shall require grant of a Special Permit for nonconformities by the designated SPGA.

Section XXII-C — General Standards for All ADUs.

1. Setbacks and Dimensional Requirements.

   • The ADU shall comply with the Yard requirements (setbacks) of the applicable zoning district c. Lot Coverage and Open space. The creation of an ADU shall maintain the minimum open space and maximum lot coverage requirements for the subject lot as required for the principal dwelling unit within the applicable zoning district.

2. Entrance. An ADU shall maintain a separate entrance for use by its occupant(s), either directly from the exterior or through a shared entry hall sufficient to meet the requirements of the state building code. a. An attached ADU may have a common interior door with a principal dwelling unit. b. Any exterior entrance separate from the principal dwelling shall be accessible from a path or walkway.

3. Parking. In addition to any on-site parking spaces required for the principal dwelling units at the lot, at least one (1) additional, on-site parking space shall be made available for use by the occupant(s) of the ADU. No parking variances shall be granted for any ADU use, however, upon written Determination from the Zoning Administrator under XXII-B(2), a parking waiver shall be granted if one of the following two (2) conditions are met: a. such property containing ADU use is located not more than 0.5 miles from the MBTA commuter rail station and/or a Bus Station, as that term is defined in regulations promulgated by EOHLC in 760 CMR 71.00 entitled "Protected Use Accessory Dwelling Units"; or b. such ADU meets all requirements necessary for listing on the Massachusetts Subsidized Housing Inventory (SHI) and the record owner complies with all regulations and guidelines promulgated by EOHLC for listing on Newburyport's Subsidized Housing Inventory (SHI).

4. PIOD Restrictions. Provisions of the Plum Island Overlay District (PIOD) remain in full effect as applied to all accessory ADUs, both attached and detached, including, but not limited to, the limitations provided for in Section XXI-G (i.e. the creation of one additional bedroom in a lawfully preexisting dwelling with 1 or 2 bedrooms). This restriction is required for compliance with an established Administrative Consent Order issued by the Massachusetts Department of Environmental Protection (DEP) pertaining to the extension of municipal water and sewer service to the vulnerable and environmentally sensitive Barrier Beach island, designated pursuant to Executive Order 181.

5. Prohibition of ADU as Short-Term Rental Unit. The ADU shall not, under any circumstances, be used on a transient basis, meaning for any period shorter than thirty (30) days, regardless of its regulation or status otherwise as a so-called Short-Term Rental Unit (STRU) under Section V-G of this Ordinance. Additionally, in order to ensure the preservation of long-term housing units for residents.

Section XXII-D — Additional Design Standards for Detached ADUs.

1. Height regulations. A new detached ADU structure shall not exceed the lesser of (i) the lawfully existing height of the principal dwelling, or (ii) 20 feet.

2. Building location. A new detached ADU structure shall maintain a secondary relationship to the principal structure on the lot and as such shall be located behind the front building wall of said structure. A new detached ADU structure shall also be located at least 10 feet away from the principal dwelling.

3. Driveway access. Driveway access to any new detached ADU shall utilize existing curb cuts where feasible on the subject lot.

4. Privacy provisions for detached ADUs closer to lot line than setbacks: a. Screening. The ADU must be screened from view from the adjacent lots by (i) a solid fence six (6) feet in height, and/or (ii) trees of dense vegetation established at a height of at least six (6) feet prior to the issuance of an occupancy permit. The required screening shall run parallel to the lot line for its entire length between the detached ADU structure and such lot line. b. Windows. The second story of the ADU shall not have windows or glass doors on a wall facing the noncompliant side yard/property line, unless the window is a clerestory window where the bottom of the window is at least six (6) feet above the second story finished floor. This prohibition shall not apply to a wall facing a side yard/property line that is adjacent to a non-residentially zoned property. c. Elevated Outdoor Spaces. The ADU shall not have an upper-level balcony or deck facing the noncompliant side yard/lot line.

5. Lighting. All exterior lighting shall be designed, installed, and maintained to be shielded and downcast to avoid light trespass onto adjacent lots.

Section XXII-E — Violation and Enforcement.

Violation of any of the provisions of this Section XXII shall be subject to enforcement by the Zoning Administrator in accordance with the provisions of Section X — Administration and Enforcement.

Sponsored by Councillor Afroz K. Khan.

Newburyport has adopted the Specialized Opt-In Energy Code, the most stringent tier in Massachusetts. A certified HERS Rater is required for all new construction, including ADUs.

Your ADU must achieve a HERS index of 52 or lower (mixed-fuel) or 55 or lower (all-electric). Going all-electric earns a 3-point offset, making compliance easier. Budget $500–$1,500 for HERS testing.

Additional Specialized Code requirements include ERV/HRV mechanical ventilation (bath fans alone don't qualify), EV-ready wiring if on-site parking is provided, and stricter standards for larger projects. All-electric construction is strongly encouraged.

Newburyport's ADU ordinance was drafted specifically to comply with the Affordable Homes Act (H.4977) and MGL Chapter 40A, Section 1A, and was adopted on January 27, 2025 -- just days before the state law took effect on February 2, 2025. As a result, the ordinance was designed from the outset to be consistent with state requirements:

• No owner-occupancy requirement: The ordinance does not impose any owner-occupancy requirement, consistent with state law.
• By-right approval: Conforming ADUs are allowed as-of-right with only a Zoning Review (administrative process), not a special permit or public hearing.
• Parking: Maximum of 1 space, with transit proximity waiver, consistent with state limits.
• No lot size minimums: The ordinance does not impose minimum lot sizes for ADUs.

Because the ordinance was drafted to align with state law, there are no known provisions that are preempted. The Special Permit pathways in Section XXII-B(2)(c) and (d) apply only to ADUs that do not meet standard dimensional requirements (nonconforming setbacks or extensions of nonconformity), which is permissible under state law.

• Newburyport ADU Zoning Amendment (adopted January 27, 2025): https://www.cityofnewburyport.com/sites/g/files/vyhlif12211/f/mai/files/zoning-amendment-adus-2025-1-27-as-adopted.pdf
• City of Newburyport official website: https://www.cityofnewburyport.com
• Massachusetts Affordable Homes Act (H.4977 / St. 2024, c. 150): https://www.mass.gov/info-details/accessory-dwelling-units
• 760 CMR 71.00 (Protected Use Accessory Dwelling Units): https://www.mass.gov/regulations/760-CMR-7100-protected-use-accessory-dwelling-units