1.Use permitted.
Except as provided in Title 12, chapter 423‑A, a municipality shall allow an accessory dwelling unit to be located on the same lot as a single-family dwelling unit or multi-unit structure in any area in which residential uses are permitted, including as a conditional use, in accordance with this section.
1-A.
Implementation date.
For purposes of this section, "implementation date" has the same meaning as in section 4364, subsection 1‑A.
1-B.
(REALLOCATED FROM T. 30-A, §4364-B, sub-§1-A) Exception.
This section does not apply to a lot or portion of a lot that is within the watershed of a water source that is located in the City of Lewiston or the City of Auburn and that is used to provide drinking water by a water utility that has received a waiver from filtration pursuant
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1.
Use permitted.
Except as provided in Title 12, chapter 423‑A, a municipality shall allow an accessory dwelling unit to be located on the same lot as a single-family dwelling unit or multi-unit structure in any area in which residential uses are permitted, including as a conditional use, in accordance with this section.
1-A.
Implementation date.
For purposes of this section, "implementation date" has the same meaning as in section 4364, subsection 1‑A.
1-B.
(REALLOCATED FROM T. 30-A, §4364-B, sub-§1-A) Exception.
This section does not apply to a lot or portion of a lot that is within the watershed of a water source that is located in the City of Lewiston or the City of Auburn and that is used to provide drinking water by a water utility that has received a waiver from filtration pursuant to 40 Code of Federal Regulations, Sections 141.70 to 141.76, as determined by the Department of Health and Human Services.
2.
Restrictions.
An accessory dwelling unit may be constructed only:
3.
Zoning requirements.
With respect to accessory dwelling units, municipal zoning ordinances must comply with the following conditions:
4.
General requirements.
With respect to accessory dwelling units, municipalities shall comply with the following conditions.
5.
Shoreland zoning.
An accessory dwelling unit must comply with shoreland zoning requirements established by the Department of Environmental Protection under Title 38, chapter 3 and municipal shoreland zoning ordinances, except that a municipality may not categorically prohibit accessory dwelling units in the shoreland zone that would otherwise meet requirements established by the Department of Environmental Protection under Title 38, chapter 3 and municipal shoreland zoning ordinances.
6.
Size requirements.
An accessory dwelling unit must meet a minimum size of 190 square feet. If the Technical Building Codes and Standards Board under Title 10, section 9722 adopts a different minimum size, that standard applies. A municipality may impose a maximum size for an accessory dwelling unit.
7.
Water and wastewater.
The owner of an accessory dwelling unit must provide written verification to the municipality that the accessory dwelling unit is connected to adequate water and wastewater services before the municipality may certify the accessory dwelling unit for occupancy. Written verification under this subsection must include:
8.
Municipal implementation.
In adopting an ordinance under this section, a municipality may:
9.
Rate of growth ordinance.
A permit issued by a municipality for an accessory dwelling unit does not count as a permit issued toward a municipality's rate of growth ordinance as described in section 4360.
10.
Subdivision requirements.
This section may not be construed to exempt a subdivider from the requirements of subchapter 4.
11.
Restrictive covenants.
This section may 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 section, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
12.
Rules.
The Department of Economic and Community Development may adopt rules to administer and enforce this section. The department shall consult with the Department of Agriculture, Conservation and Forestry in adopting rules pursuant to this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
13.
Implementation.
A municipality is not required to implement the requirements of this section until the implementation date.