Beginning July 1, 2024, multiple dwelling units may be constructed on lots where housing is allowed, subject to the following requirements.

10.1

If a lot does not contain an existing dwelling unit, up to four (4) units shall be allowed per lot if the lot is located in an area in which housing is allowed and is located within a designated growth area identified in the current Wiscasset Comprehensive Plan. The four (4) dwelling units may be either within on structure or separate structures.

10.2

If a lot does not contain an existing dwelling unit and does not meet 10.1 above, up to two (2) dwelling units per lot located in an area in which housing is allowed. The two (2) dwelling units may be either within one (1) structure or separate structures.

10.3

If a lot contains an existing dwelling unit, up to two (2) additional dwelling units may be allowed in the following configurations:

10.3.1

One (1) within the existing structure or attached to the existing structure;

10.3.2

One (1) detached from the existing structure; or

10.3.3

One (1) of each.

10.4

If a lot contains two (2) existing dwelling units, no additional dwelling units may be built on the lot.

10.5

If more than one (1) dwelling unit has been constructed on a lot as are result of this section, the lot is not eligible for any additional units or increases in density using this provision or the provisions established under Article VI, Section 9.

10.6

If a lot with a dwelling unit in existence prior to July 1, 2024, is torn down and an empty lot results, for the purposes of this section, the lot shall still be considered developed and Section 10.3 would be applicable.

10.7

Dimensional, lot area, and setback requirements established under Article II of this ordinance shall apply to each dwelling unit on the lot.

10.8

Prior to obtaining a building permit from the Code Enforcement Officer, the owner of the dwelling unit(s) shall provide written verification that the proposed unit is to be connected to adequate water and wastewater services. Written verification shall include the following:

10.8.1

If a housing structure is connected to a public, special district or other comparable sewer system, proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system;

10.8.2

If a housing structure is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. §4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules.

10.8.3

If a housing structure is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit; and

10.8.4

If a housing structure is connected to a well, proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(J), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

10.9

Regulations established in Article VI, Section 10 shall not supersede private, state or local standards which may be more restrictive, including but not limited to, homeowners' association regulations, deed restrictions, septic requirements, shoreland zoning, and subdivision law.

10.10

Housing structures developed under this Section 10 must comply with shoreland zoning and subdivision laws. This ordinance should also not be construed to interface with, abrogate or annul the validity or enforceability of any valid or enforceable easement, covenant, deed restriction, or other agreement or instrument between private parties that imposes greater restrictions than those provided in this ordinance, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.

(03-24)