‘In-law’ unit rules amended

SCARBOROUGH — The Scarborough Town Council, which in February broadened zoning rules to allow the construction of accessory units – so-called “in-law apartments” – as permitted uses rather than special exceptions requiring zoning board approval, has come back with two “minor amendments.”

Town Planner Dan Bacon said the need for the changes, approved at the July 18 council meeting, were recognized by code enforcement staff almost as soon as they began working with the new ordinance.

One change affects the allowable size of an accessory unit in proportion to the single-family home with which it shares a lot. Although all measurements have been retained, the words “living space” have been substituted for “floor space.” Thus, if the living area of a home, as opposed to the total floor space, is between 2,000-3,000 square feet, the living area of the accessory unit must not exceed 20 percent of the home’s size, or 750 square feet, whichever is greater.

Under questioning from Councilor Carol Rancourt, Bacon said that interior closets are considered part of a home’s living space, but garages, attics, storage areas and unfinished rooms are not. And, while a washroom in the home might be counted, putting a washing machine in the garage would not add that area to the calculation, he said.

The second change eliminates some ordinance language in deference to state law, which mandates that an accessory unit is a separate dwelling unit, making the property subject to wastewater standards for a two-family home.

That change was instigated by Councilor James Benedict, a retired contractor who saw the conflict others missed.

“I made a lot of noise about it for significant reasons,” he said, complimenting Bacon for “getting it done to an absolute T.”