Courtesy photo
CAPE ELIZABETH -. On Oct. 16, Cape Elizabeth’s ordinance committee held a public forum at town hall, where residents had the opportunity to delve into the proposed housing ordinance amendments. The focus of the event was to address questions and concerns regarding proposed changes, which are designed to bring the town in line with the new state law, LD 2003. The legislation aims to remove zoning barriers and promote diverse housing options across Maine.
The proposed ordinance amendments introduce new zoning regulations that grant Cape Elizabeth residents greater flexibility in creating accessory dwelling units (ADUs). Additionally, these changes will update rules for small multifamily buildings (2-4 units) and offer provisions for affordable housing density bonuses. The town, along with all Maine municipalities, is mandated to adapt its existing regulations to comply with LD 2003.
Penny Jordan, town councilor and chair of the Ordinance Committee, emphasized the complexity of the proposed ordinance changes. She said that there is a potential for misunderstandings and misconceptions among residents due to the intricacies of these changes. “This ordinance change is really complex,” Jordan said. “We’re trying to provide clarity. To do that, we need to hear people’s questions and respond to them at the forum.”
She also pointed out that, despite the increased flexibility, there are setback requirements and construction costs that may deter a proliferation of ADUs. Historically, Cape Elizabeth has seen only one or two ADU permits issued annually.
LD 2003, passed by the Maine Legislature last year, is set to be implemented statewide on Jan. 1, 2024. The law’s primary goal is to address Maine’s critical housing shortage. It legalizes ADUs statewide and mandates that municipalities allow two to four units per house lot in designated growth areas if setback and other existing zoning requirements are met. In other parts of the town, up to two units will be allowed on a lot, again subject to setback and zoning requirements. The law also introduces an automatic density bonus, allowing affordable-housing developers to build 2.5 times the number of units permitted under local zoning regulations in designated growth areas.
Cape Elizabeth, like other municipalities in the state, must incorporate the state mandates into its existing zoning ordinances through a passed ordinance, rather than directly adopting state language. The Cape Elizabeth Ordinance Committee has already drafted a proposal that has been reviewed and approved by the town attorney. Failure to adopt a new housing ordinance by Jan. 1, 2025, could potentially result in legal action against the town.
The town council held its first public hearing on July 17, 2023, and a second public hearing is expected in November, after which a vote may be taken. The proposed ordinance includes key provisions such as allowing one ADU per home, not permitting ADUs for short-term rentals (less than 30 days), consistent setback requirements for ADUs similar to those for single-family homes, and removal of the requirement for parking for an ADU.
While LD 2003 does not specify a maximum size for an ADU, the proposed ordinance for Cape Elizabeth sets a maximum size of 1,100 square feet, equivalent to the size of a typical two-bedroom apartment, which is a notable increase from the town’s current maximum ADU size of 600 square feet. The proposed ordinance also permits the owner of a single-family home to build a small multifamily structure if the lot is sufficiently large, although few single-family homes in the town meet the minimum lot size requirements for it.
In designated growth areas, up to four units could be built, subject to setbacks and existing zoning rules, while in other parts of town, two to three units may be permitted on a lot, provided that they meet minimum size requirements. It’s important to note that less than 12 percent of lots in Cape Elizabeth have enough land for additional units to be considered as an option, highlighting the selectiveness of the proposed changes.
The next hearing and the vote on the amendments will take place on Nov.13.
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