9.1

One (1) accessory dwelling unit may be located in any District on any lot where a single-family dwelling unit is the principal unit.

9.2

Accessory dwelling units shall comply with the setbacks described in Article II, Section 2.5.

9.3

An accessory dwelling unit shall be exempt from density and minimum lot area requirements.

9.4

An accessory dwelling unit shall be constructed only:

9.4.1

Within an existing dwelling unit on the lot;

9.4.2

Attached to a single-family dwelling unit; or

9.4.3

As a new structure on the lot for the primary purpose of creating an accessory dwelling unit.

9.5

An accessory dwelling unit shall not be subject to any additional off-street parking requirements beyond the off-street parking requirements of the single-family dwelling unit on the lot where the accessory dwelling unit is located.

9.6

An accessory dwelling unit shall be a minimum of one hundred ninety (190) square feet in size, unless the Technical Building Code and Standards Board, pursuant to 10 M.R.S. § 9722, adopts a different minimum standard; if so, that standard applies.

9.7

In Village I, Village II, and Village Waterfront Districts an accessory dwelling unit shall be no larger than forty (40) percent of the finished and heated portion of the single-family dwelling on the parcel, up to one thousand (1,000) square feet, whichever is less. No maximum size for an accessory dwelling unit is required in all other Districts, so long as the unit is smaller than the finished and heated portion of the single-family dwelling unit on the parcel.

9.8

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

9.8.1

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

9.8.2

If an accessory dwelling unit 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;

9.8.3

If an accessory dwelling unit 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

9.8.4

If an accessory dwelling unit 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 shall indicate that the water supply is potable and acceptable for domestic use.

9.9

Accessory dwelling units must comply with shoreland zoning and subdivision laws. This ordinance should also not be construed to interfere 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.

9.10

A property owner may construct an accessory dwelling unit under this section or utilize the dwelling unit allowance under Article VI, Section 10. They shall not be allowed to take advantage of the allowances of both Section 9 and Section 10.

(03-24)