Haverhill, MA Accessory Structures: ADU Owner Occupancy (2026)

Section 8.1.4 of the Haverhill Zoning Ordinance, amended by Doc. 15-B on March 18, 2025, makes owner-occupancy a general condition for accessory dwelling units. Other than the single by-right ADU permitted in a single-family residential zone, the owner of the lot on which an ADU sits must continue to live in either the principal dwelling or the ADU itself, and may be away for no more than six months at a time before falling out of compliance. The ordinance defines "owner" precisely: one or more individuals who hold record title to the lot, or who hold a majority of the beneficial interest in a trust that holds title, and for whom either unit on the property serves as the primary residence for voting and tax purposes. That definition closes the door on an absentee landlord using a family trust or a nominal title holder to satisfy the requirement while living elsewhere.

The condition sits alongside two related restrictions in the same section: an ADU cannot be sold or transferred separately from the principal dwelling, and the two must stay in common ownership. Section 8.1.3 backs the occupancy condition with an inspection right, letting the Building Commissioner inspect the property without a warrant, on reasonable notice, to confirm compliance with Section 8.1.4's terms, and Section 8.1.7 gives the Building Commissioner cease-and-desist authority over any use of the premises that violates the section.