Cumberland, Maine

Cumberland, ME Accessory Dwelling Unit (ADU) Rules

City Acceptance Rating: 7/10

Last Updated: 11.5.2024

What You Need to Know

Although ADUs must meet setback requirements, they are not required to meet lot size or frontage requirements. However, they cannot be located on nonconforming lots or properties with nonconforming uses and must adhere to local plumbing standards and other zoning regulations.

Type of Permit Required

ADUs require a building permit through the Code Enforcement Officer in Cumberland.

ADU Rules

  • General Requirements:

    • One ADU may be built as an attached or detached structure, accessory to a single-family home, within any zoning district.

    • ADUs cannot be part of existing spaces like basements, attics, or rooms above garages if already occupied by family members.

  • Occupancy:

    • Either the primary dwelling or the ADU must be owner-occupied.

  • Review and Approval:

    • All ADUs require approval from the Code Enforcement Officer through an accessory dwelling unit permit, ensuring compliance with the standards.

  • Performance Standards:

    • ADUs must have no more than two bedrooms and cannot exceed 40% of the total living area of the primary dwelling (unfinished space is not included in this calculation).

    • Minimum size for an ADU is 190 square feet.

  • Lot Standards:

    • ADUs do not need to meet the independent lot size requirements but must conform to plumbing codes.

    • ADUs cannot be located on lots smaller than 20,000 square feet unless connected to a public sewer.

    • ADUs must meet the zoning district's setback requirements, though they do not need to meet lot frontage requirements.

    • ADUs cannot be placed on nonconforming lots or properties with nonconforming uses, but expansion of nonconforming structures to incorporate an ADU is allowed, subject to specific regulations.

    • No variances can be granted for size, height, setbacks, or lot frontage requirements for ADUs.

    • ADUs must be located within the approved building envelope in subdivisions.

  • Conversions:

    • The code does not prevent the conversion of a single-family dwelling into a duplex or multiplex, as long as zoning and lot size requirements are met.

Resources:

https://ecode360.com/14884961?highlight=accessory%20dwelling%20unit,accessory%20dwelling%20units&searchId=11561832064695759#14884961