Frequently Asked Questions
What do we propose changing from the last update to the bylaws?
The Planning Board’s proposed changes for the 2026 Annual Town Meeting are prompted by changes in state regulations. These changes fall into three groups:
- Remove the restriction on by-right ADUs for grandfathered lots. With this change, small non-conforming lots are eligible for by-right ADUs. Setbacks (35 ft front and rear, 30 ft side) still apply, so ADUs may not be feasible on truly tiny lots. This change is required by new state regulations.
- Change the acreage requirements for a second ADU. Our current bylaws allow a second ADU by Special Permit for lots that have 2 additional acres of buildable land. Special Permits are heard by the Zoning Board of Appeals. There is a presumption of approval, but the particular situation is taken into account, with weight given to testimony by abutters and others. We propose changing the requirement to a total of 2 buildable acres (as defined in our bylaws). We feel this change is easier to interpret (as it doesn’t mix total and buildable acres in a confusing way), and more reasonable.
- We have rewritten ADU-related provisions for the sake of clarity, without making other changes in substance.
What is an Accessory Dwelling Unit?
Accessory Dwelling Units (ADUs) are separate, distinct apartments built on single-family lots. ADUs are also commonly referred to as guest houses, in-law units and backyard cottages. In Warwick, an Accessory Dwelling Unit may be up to 900 square feet. ADUs can be rented out or simply used for extended housing for members of a single family or a caretaker. In a rural area without dense housing units or many rental options, ADUs may also provide more affordable housing stock.
Can I convert a shed or seasonal cabin to an ADU?
As long as it gets brought up to code for year-round habitation, including a bathroom and kitchen.
Can I build it myself?
Of course, as long as you build to code.
Is a rented bedroom an ADU?
No, an accessory dwelling unit is a fully-to-code small dwelling unit with its own kitchen and bathroom. It may be a separate building or part of the main house.
Can I build an ADU which shares facilities with the main house?
It would not be considered an ADU. A rental which shares facilities with the main house is considered part of the house.
Can I add an ADU if I’m on a grandfathered lot?
Yes, but setback requirements still apply.
Who can live in the ADU?
Owner or anyone else. The owner does not have to reside in the main residence or the ADU. The main dwelling and the ADU(s) cannot all be used simultaneously as short-term rental properties.
Does the ADU need a driveway?
Needs shared or separate driveway & parking; must allow adequate access for emergency vehicles.
Can I build more than one ADU on my lot?
Up to two ADUs are allowed per lot, with the second requiring a Special Permit and meeting certain acreage requirements.
Where can I find the Warwick Zoning Bylaws?
On the town website, at: https://bit.ly/2024-bylaws
Do I need to drill a new well or install another septic system?
Maybe. This is subject to the Board of Health.
Do I need a Special Permit to build an ADU?
Not the first one, ADUs are allowed by right. A second ADU would require a Special Permit.
Proposed ADU By-Law Changes
Existing ADU bylaws (to be replaced)
FOUR.B.2. Lots allowed by-right to be used for two accessory dwelling units shall provide an additional 87,120 square feet (2 acres) of buildable land, except a lesser amount is allowed under the provisions of Section 6.E.1, Conservation Development.
FOUR B.3. The conversion of a Single Family Dwelling on a pre-existing non-conforming lot built prior to May 22, 2006, into two dwelling units permitted provided the footprint of the building remains the same.
FOUR.G. A single Accessory Dwelling Unit (ADU) is allowed by-right on any conforming lot (see Section Four B.2 and B.3). “Accessory Dwelling Unit” is defined in Section Eleven. The size of the ADU shall not exceed 900 square feet. Use of both the main dwelling unit and the ADU for simultaneous short-term rentals is prohibited. Adequate off-street parking shall be provided.
ELEVEN. ACCESSORY DWELLING UNIT (ADU): An additional dwelling unit in an existing dwelling. An accessory dwelling unit may also be located in a new or existing structure accessory to a dwelling, such as a garage, guest house or barn.
Proposed ADU bylaws
FOUR.B.2. A second Accessory Dwelling Unit (ADU) beyond the first by-right ADU is allowed by Special Permit on lots that include at least two acres of buildable land, except a lesser amount is allowed under the provisions of Section 6.E.1, Conservation Development. No more than two ADUs are allowed on a lot.
FOUR.B.3 DELETE
FOUR.G. A single Accessory Dwelling Unit (ADU) is allowed by-right on any lot. “Accessory Dwelling Unit” is defined in Section Eleven. The size of the ADU shall not exceed 900 square feet. Use of all dwelling units (the main dwelling unit and all ADUs) for simultaneous short-term rentals (as defined in M.G.L. c. 64G) is prohibited. ADUs must have a separate entrance, either directly outside or through a shared hall. ADUs must include sleeping, cooking, and sanitary facilities. Adequate off-street parking shall be provided (defined as at least one additional parking space per ADU). The setback and height requirements for ADUs are the same as for other dwelling units (see FOUR.D). Nothing in this bylaw is intended to supersede state health and safety laws and regulations, such as, but not limited to the Building Code, Fire Code, M.G.L. c. 111, § 189A: Massachusetts Lead Law, or any federal laws.
ELEVEN. ACCESSORY DWELLING UNIT (ADU): An additional dwelling unit in an existing dwelling or in a new or existing structure accessory to a dwelling.