Rules loosened for ‘in-law’ apartments

SCARBOROUGH — Scarborough has relaxed rules on accessory units – often referred to as “in-law” apartments – but has taken steps to ensure they do not come equipped with revolving doors. After beachfront residents said the rules could be abused to turn garages into flophouses, the Town Council agreed to bar occupancy of such units for less than 28 days.

“These are in residential neighborhoods,” said Councilor Carol Rancourt said at the Feb. 15 meeting. “They are not meant to be motel units.”

According to Town Planner Dan Bacon, accessory unit applications have passed through the Zoning Board of Appeals with “little discussion or issues” at a rate of  “about 10-15” since 2003, when first allowed on the architectural landscape. As such, he says, it was felt the rules could be relaxed to reduce the burden on both the property owners and town staff.

Occupancy remains limited to two people and the unit must share utilities with the main home, which may have no more than one accessory unit. Secondary units no longer require zoning board approval or registration with the town. They can now be built on lots of less than 15,000 square feet, can go in structures up to 100 feet from a home, and no longer have to occupy half of the outbuilding’s floor space. Larger units than previously allowed can be added, so long as they remain proportionally smaller than the main house and outside staircases can now be built, so long as they’re not visible from the street.