LD2003 Model Ordinance Language
• If a town states that only one dwelling unit per lot is permitted , this must be removed .
• A town must allow one ADU on the same lot as a single-family dwelling .
• It is recommended that a town set a minimum lot area per dwelling unit .
• It is recommended that a town set a maximum size for ADU ’ s .
• All requirements for Shoreland Zoning still apply .
• Proof of potable water and sufficient sewer capacity is required for increased housing density and ADUs .
Definitions
1 . Accessory Dwelling Unit : A self-contained dwelling unit located within , attached to or detached from |
a single-family dwelling unit located on the same parcel of land . An accessory dwelling unit must be |
a minimum of 190 square feet unless the Technical Building Code and Standards Board , pursuant to 10 |
M . R . S . § 9722 , as may be amended , adopts a different minimum standard : if so , that standard applies . |
An accessory dwelling unit can be no greater than |
square feet or |
% of the principal structure , |
whichever is greater . |
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2 . Affordable Housing Development :
a ) For rental housing , a development in which a household whose income does not exceed 80 % of the medium income for that area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937 , Public Law 75-412 , 50 Stat . 888 Section 8 , as amended , can afford a majority of the units that the developer designates as affordable without spending more than 30 % of the household ’ s monthly income on housing costs ; and
b ) For owned housing , a development in which a household whose income does not exceed 120 % of the medium income for that area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937 , Public Law 75-412 , 50 Stat . 888 Section 8 , as amended , can afford a majority of the units that the developer designates as affordable without spending more than 30 % of the household ’ s monthly income on housing costs .
c ) For the purpose of this definition , “ majority ” means more than half . d ) For the purpose of this definition , “ housing costs ” means : i .
ii .
For a rental unit , the cost of rent and any utilities ( electric , heat , water , sewer , and / or solid waste disposal ) that the household pays separately from the rent ; and
For an ownership unit , the cost of mortgage principal and interest , real estate taxes ( including assessment ) private mortgage insurance , homeowner insurance , condominium fees , and homeowners ’ association fees .
3 . Attached : Connected by a shared wall to the principal structure .
4 . Base Density : The maximum number of units allowed on a lot not used for affordable housing based on the dimensional requirements in the Town ’ s Subdivision Ordinance or the Shoreland Zoning Ordinance , as applicable .