Danvers In-Law Apartment Law

According to the Town of Danvers, the Extended Family Living Area zoning bylaw was adopted on January 31, 2007 by Town Meeting for purposes of providing flexibility within the existing zoning bylaw to afford an opportunity to accommodate additional living arrangements.

The zoning law, applies to Single family property owners with a pre-existing Extended Family Living Area (“EFLA”), commonly known as in-law apartments, and originally granted a ninety (90) day grace period, ending on August 11, 2007, to submit a building permit with the Building Inspector to permit the pre-existing EFLA to lawfully continue in existence. A pre-existing EFLA was one in which the necessary zoning permits were not obtained and is in existence unlawfully.

Under the grace period, all pre-existing EFLA’s were permitted to continue and were exempt from the requirements such as a maximum of 750 sq. ft., maximum of two occupants, and a restriction of separate utilities. However, to ensure public safety, all pre-existing EFLA’s were subject to applicable building, electrical, plumbing and fire codes.

After August 11, 2007, the ninety (90) day grace period expired and property owners are required to obtain a special permit from the Zoning Board of Appeals for the continuation of a pre-existing EFLA. Unlike the grace period, the continuation of an EFLA subject to the special permit are NOT exempt from the requirements and the Zoning Board of Appeals may impose conditions and corrective changes to bring the EFLA as close to conformity with the requirements of the bylaw as possible.

Failure to bring a pre-existing EFLA into compliance via the grace period or the special permit procedures may result in enforcement actions.

For more information, the EFLA bylaw may be viewed on the Town’s webpage at http://www.danvers.govoffice.com/ , then click Bylaws & Regulations, click on 2007 Zoning Bylaw, click Section 9, “Accessory Uses” and then scroll down to Section 9.3, “Extended Family Living Area or you may contact the Building Inspector at 978-777-0001.