Cumberland, Maine
Cumberland, ME Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 7/10
Last Updated: 11.5.2024
Image source: Town of Cumberland Facebook
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:
Dayton, Maine
Dayton, ME Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 7/10
Last Updated: 9.13.2024
Image source: Town of Dayton Facebook
What You Need to Know
The ADU Rules in Dayton are rather lengthy and complicated.
Type of Permit Required
ADUs are permitted through the Code Enforcement Officer of Dayton.
ADU Rules
The owner(s) of the lot on which the Principal Structure, a single-family dwelling, is located must reside in the principal structure or the Accessory Dwelling Unit. Neither the accessory dwelling unit nor the single-family dwelling shall be rented as a Short Term Rental for less than three consecutive months during a twelve (12) month period.
Ownership. The Principal Structure and the Accessory Dwelling Unit shall be held in the same ownership.
One of the occupants of the accessory unit shall be an immediate family member to the owner of the property and resident of the single-family dwelling unit. Immediate family as used in this Ordinance is defined as; spouse, parent, 100 grandparent, brother, sister, child, or grandchild related by blood, marriage, or adoption.
The number of occupants of the accessory unit is limited to two.
The living space, habitable area, of an accessory unit shall be a minimum of 190 square feet and shall not exceed the following percentage of living space of the single family dwelling to which the unit is accessory or the following maximum amounts, whichever are applicable:
The living space of the accessory dwelling unit may not exceed:
If the living space of the single family dwelling is:
40% or 750 sq ft, whichever is greater
Under 2,000 sq ft
35% or 750 sq ft, whichever is greater
2,000 sq ft to 3,000 sq ft
30% or 1,050 sq ft, whichever is greater
3,000 sq ft to 5,000 sq ft
20% or 1,500 sq ft, whichever is greater
Over 5,000 sq ft
Accessory dwelling units are exempt from density requirements or lot area requirements related to the area in which the accessory dwelling unit is constructed.
Parking. An accessory dwelling unit shall not be subject to any additional motor vehicle parking requirements beyond the parking requirements of the single family dwelling unit on the lot where the accessory dwelling unit is located.
Only one accessory dwelling unit per principal structure shall be permitted on a lot
An accessory dwelling unit may be constructed only:
Within an existing dwelling unit on the lot;
Attached to or sharing a wall with a single-family dwelling unit; or
As a new structure on the lot for the primary purpose of creating an accessory dwelling unit.
Accessory units are permitted on nonconforming lots, but the structures in which they are located (attached or detached), shall meet the lot coverage and setback requirements for the district in which they are located.
Any new structure constructed on the lot to be an accessory dwelling unit must meet the existing dimensional requirements as required by the municipality for an accessory structure.
Proper ingress and egress shall be provided to the accessory unit.
Attached and internal accessory units shall retain and respect the existing streetscape, character of the neighborhood, and preserve the single-family appearance, architectural style, and character of the original dwelling and property. Outside stairways (either open or closed) that service accessory units on upper stories are permitted, provided that they are integrated into and consistent with the architecture of the building. Outside stairways serving upper stories shall not be located on the side of the building that faces the street, except in the case of a building on a corner lot that fronts two or more streets, a stairway may be allowed on one of the sides of the building that faces a street if no reasonable alternative exists.
All municipal and state buildings codes in effect at the time of application must be followed.
An applicant for a permit for an accessory unit may also apply to the Zoning Board of Appeals for a limited reduction of yard size under Article 9 of this Ordinance where such reduction is reasonably necessary to allow construction of the accessory unit.
Should the owner(s) of the principal structure be found in non-compliance with the standards contained in this section, the non-compliance shall be considered a violation of this Ordinance, and the structure shall revert to a single family dwelling or the previous use.
For an accessory dwelling unit located within the same structure as a single family dwelling unit or attached to or sharing a wall with a single-family dwelling unit, dimensional requirements and setback requirements must be the same as the dimensional requirements and setback requirements of the single-family dwelling unit.
In order for an accessory unit to be located in a detached accessory structure, the following requirements must be met:
The detached accessory structure must be located no further than 100 feet from the nearest point of the principal structure;
The detached accessory structure must be designed and constructed in the style of a garage, barn, storage building, carriage house, or similar structure customarily located on the same lot with a single-family residence.
For an accessory dwelling unit permitted in an existing accessory structure, such as a barn or garage, as of July 1, 2023, the required setback requirements of the zoning district apply.
The accessory dwelling unit and the principal structure must be serviced by common utility meters, unless the utility company providing the service refuses to do so. Should a utility company be unwilling to service the accessory dwelling unit with a common meter, the applicant must provide the Code Enforcement Officer with a letter signed by the utility company so stating, with specific reasons for the refusal.
In order for an accessory dwelling unit to be added to an unsewered lot, the lot must comply with the requirements of the state minimum lot size law, 12 M.R.S.A. §§ 4807 – 4807-G for multiple unit housing as well as all the provisions of the Maine State Plumbing Code and the Town of Dayton Plumbing Ordinance. The applicant shall have the burden to establish the lot area, which may include a survey signed and sealed by a Professional Land Surveyor, at the discretion of the Code Enforcement Officer. The septic system on the property in question shall be functioning properly at the time of application for accessory dwelling unit approval.
The owner of an accessory dwelling unit must provide written verification that each unit of the accessory dwelling unit is connected to adequate water and wastewater services prior to certification of the accessory dwelling unit for occupancy or similar type of approval process. Written verification must include the following:
If an accessory dwelling unit 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.
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 under section 4221 of Title 30-A. Plans for subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with Subsurface Wastewater Disposal Rules.
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
If an accessory dwelling unit is connected to a well, proof of access to potable water. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.
Nothing contained in this Section 7.18 or elsewhere in this Ordinance shall be construed to:
exempt a subdivider from the requirements for division of a tract or parcel of land in accordance with the Town’s subdivision ordinance; or b) interfere with, abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this section, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
Resources
Durham, Maine
Durham, Maine Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 6/10
last updated: 2021
What You Need to Know:
Accessory apartments may be utilized for rental purposes as well as in-law accommodations subject to the following requirements:
The dwelling must have only one main entrance and all other entrances must appear subordinate to the main entrance. An entrance leading to a foyer with entrances leading from the foyer to the two dwelling units is permitted. No open or enclosed outside stairways shall be permitted above the first story.
The principal dwelling unit must have at least 1500 sq. ft. of floor area and the accessory apartment must not exceed 50% of the floor area of the principal dwelling unit. Floor area measurements must not include unfinished attic, basement or cellar spaces, nor public hallways or other common areas.
Only one accessory apartment may be permitted per lot. It must be made part of the main residence, or located in a separate building whose primary function is not as a dwelling unit, such as a garage or barn.
Accessory apartments may not be permitted for any nonconforming structure or use, where the nonconformity is due to the use of the premises, as opposed to nonconforming dimensional requirements
See full text here: Durham, Maine Performance Standards, Article 5, Page 19
South Portland, Maine
South Portland, ME Accessory Dwelling Unit (ADU) Rules
City Acceptance Rating: 7/10
Last Updated: 7.2.2024
Image source: MaineBiz
What You Need to Know
ADUs in South Portland can be with an existing dwelling, attached to an existing dwelling, detached from the existing dwelling. There are a number of design considerations that must be taken into account when designing and building an ADU.
Type of Permit Required
ADUs are permitted through the Code Enforcement Officer.
ADU Rules
Size conditions:
For lots under 10,980 square feet, ADUs shall not be greater than 800 square feet or 90% of the principal dwelling, whichever is less.
For lots 10,890 square feet or above, ADUs shall not exceed 10% of the parcel area, 1,200 square feet or 90% of the principal dwelling, whichever is less.
No ADU can be less than 190 square feet of living area.
On properties with two or three dwelling units, the ADU cannot be greater than 90% of the largest legal unit.
The ground floor coverage created from the ADU is limited to 800 square feet.
Ownership
The ADU and the primary dwelling must remain in common ownership.
The owner of the property must reside in either the primary dwelling or the ADU.
Design Considerations:
The ADUs primary entrance cannot be the same as the primary dwelling and must be less visible from the street
There must be a clear relationship between the rooflines of the ADU and the primary dwelling.
The placement of the ADU must maintain the privacy of the residents of the primary dwelling.
The max height of a detached ADU must not exceed 28 feet.
A safe pathway must be created from the ADU to the closest public sidewalk.
No additional parking spaces are required for the addition of an ADU
Uses
ADUs cannot be used as short-term rentals.
Resources:
South Portland Zoning Code- Section 27/Article 15/Page 91
https://www.southportland.org/DocumentCenter/View/1510/CH-27--Zoning-with-New-TOC-format