Accessory Dwelling Units (ADUs)

The intent of allowing Accessory Dwelling Units is to:

• Increase the number of dwelling units available for year-round residency in Town while remaining within our current density and wastewater capacity limitations;

• Adapt single-family residential properties so they are supportive of residents at different life stages;

• Encourage greater diversity and support of all populations with particular attention to young adults and senior citizens;

• Encourage a more economic and efficient use of the Town's housing supply while maintaining the character of the Town's single-family neighborhoods

• Provide homeowners with a means of obtaining rental income to defray housing costs.

The bylaw does not specify rents for ADUs. Property owners can charge market rates and allow tenants with unspecified incomes to occupy the unit. Some property owners may charge high rents. However, since the unit must be rented and occupied year round most ADUs will need to be rented at prices that someone earning a year-round income in Wellfleet can afford. Some people in Wellfleet are highly paid and can pay higher rents, others do not earn high wages and will seek ADUs of lower rent. It is not anticipated that average rents will greatly exceed those now termed “Affordable” because the market will not support higher rents.

An Affordable Accessory Dwelling Unit is the same as a regular ADU and must follow all the same regulations EXCEPT that these are rent controlled and tenant income restricted. Owners of an ADU who wish to rent “Affordably” must follow HUD guidelines and provide rent and income histories each year. Property owners renting within affordability guidelines may apply for a property tax exemption.

The Wellfleet housing committees are considering ways to provide further incentives to property owners to continue to rent Affordably. We strongly support Affordable ADUs!

Getting a building permit for an ADU will trigger an inspection of the existing septic system which must be up to current Title 5 (or better) standards. Upgrading a septic system, if necessary, would be an added expense but it is one that protects ground water quality for us all. Funding sources are being sought to help reduce costs.

The number of allowable bedrooms per lot size will remain the same. This means that if you have a three bedroom lot but only two bedrooms in your principal dwelling, you can add a one bedroom ADU as long as your septic system is sized for three bedrooms. Or you could remove a bedroom in your principal dwelling and create an ADU using that allowed bedroom. Septic flow may not exceed system capacity. In addition, the application for a permit to create an ADU will trigger a septic system inspection and May require an additional tank. While this will increase the cost (and possibly reduce the numbers) of some ADUs, it will actually result in improved ground water quality in the neighborhood and beyond.

The property determines the legal allowable number of ADUs. If the property is large it may accommodate multiple ADUs but on most properties this will not be the case.

Yes. An ADU may be built over a shop, office, etc or as a separate structure on a commercial property.

All existing Town, State and Federal regulations apply except as specified in the Bylaw. ADUs may, however, be built within or attached to existing Accessory structures, as defined in our Zoning Bylaws, that are not in compliance with Zoning Bylaws that might apply to dwellings, and that may necessitate a Special Permit from the Zoning Board of Appeals.

If a proposed ADU is not in compliance with existing bylaws and regulations there is flexibility, as there would be with any other building permit application. The applicant may be able to get a Special Permit from the Zoning Board of Appeals or, in certain cases, may seek relief from the Board of Health.

No, if you have a well the ADU will be connected to that. However, connection to Town water may make more properties eligible because the well head protection area on the individual property is eliminated.

The requirement of a yearly Affidavit of Compliance means that the property owner who is out of compliance with the Bylaw is subject to charges of perjury. In addition, fines up to $300 per day may be applied.

Wellfleet’s Building Commissioner Has been appointed to monitor and administer the ADUs. There will be improved monitoring and enforcement of both pre-existing AADUs and ADUs in the future.

No. The ADU may not be separated by ownership from the principal structure (dwelling or business) on the lot.

No. There is no requirement that the property owner live on the property. In fact, part-time residents may find it desirable to build an ADU and have it occupied year-round by someone who can watch the property when the owner isn’t there.

Yes. Perhaps your mother wants to down-size but not leave the property. Perhaps she has some physical limitations that can be better managed in a purpose built ADU. She can live in the ADU year-round and rent the main house to help her gain income.

Yes. The property owner decides who to lease the unit to and what to charge as long as it is for year-round occupancy. An Affidavit of Compliance must still be filed yearly and the property owner could be subject to prosecution and fines if found out of compliance.

No. If you chose to live in the ADU you must sign an Affidavit of Compliance that you will be living in it year-round. Then you may rent the primary dwelling as you please.

No. The ADU must be leased and occupied year-round. The primary purpose of this by-law is to increase year-round rental housing.

If the property owner no longer chooses to use the unit as an ADU, they are required to report the change in use to the Building Commissioner who will inform the Building and Health Departments and the Assessor. The property then reverts to single-family status. The structure must be brought into compliance as a different, allowed accessory use such as an art studio, a home office, or a home business, but those items that make it a dwelling, principally the stove, must be removed.

Parking requirements are covered in the Wellfleet Zoning By-law Section 6.3.6. “Two spaces for each individual dwelling unit except for apartments where 1 1/2 spaces shall be required for each unit.”

Read the materials posted here from the Building Commissioner. Make an appointment to speak with the Building Commissioner! Bring whatever information you have about your property. Some properties will not be eligible for adding an ADU. You will want to know if your property is eligible before investing time and money.

The Lower Cape Housing and ADU Resource Center (See button on wellfleethousing.org website) is also a great source of information and assistance.