[12-5-2017[1]; 8-3-2021; amended 5-7-2024(6)[2]]
A property on which the construction of an accessory dwelling unit is proposed shall satisfy applicable requirements identified in Chapter 102, Zoning, Article V, District Regulations; Chapter 102, Zoning, Article VIII, Supplementary District Regulations; Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards; Chapter 98, Technical Standards; Chapter 82, Shoreland Zoning; Chapter 78, Floods; and Chapter 62, Utilities; and shall comply with the following supplemental performance standards identified in this division.
[1]
Editor's Note: This ordinance originally adopted this division as Sections 102-1361 through 102-1368, subsequently renumbered as Sections 102-1331 through 102-1338 on 8-3-2021.
[2]
Editor's Note: This ordinance also changed the Division title from "Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure" to "Supplemental Performance Standards for an Accessory Dwelling Unit."
[12-5-2017; 8-3-2021; amended 5-7-2024(6)]
Consistent with requirements of Chapter 62, Utilities, and Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards, all properties must provide adequate wastewater disposal for the uses that occur on the property. An accessory dwelling unit must either be connected to public sewer or must be served by a subsurface wastewater disposal system that has been designed and installed to provide adequate capacity for all of the uses that occur on the property. A subsurface system that has the capacity to serve the demand associated with the new accessory dwelling unit must be installed prior to issuance of an occupancy permit for said unit. The property owner shall provide evidence to the Code Enforcement Officer that the above standard can be satisfied.
[12-5-2017; 8-3-2021; amended 5-7-2024(6)]
(a) 
Number of driveways. Notwithstanding access control standards identified in Chapter 98, Technical Standards, Section 98-154(f), a property on which an accessory dwelling unit is constructed shall have no more than one two-way driveway or two one-way driveway openings (one for egress and one for ingress) on the property. The accessory dwelling unit shall use the same driveway opening that serves the single family residence on the property. The exception to this standard is if two or more properly permitted (two-way) driveway openings existed on the property at the time that an application is submitted to construct an accessory dwelling unit.
If a property is subject to Maine Department of Transportation access management requirements, the property owner shall provide evidence to the City Code Enforcement Officer that the state has issued any driveway or entrance permit that may be required. The property owner also shall provide evidence that the City of Belfast Superintendent of Public Works has approved any road opening or driveway entrance permit that may be required.
(b) 
Turn-around requirement. If the posted speed limit is 31 mph or greater on the street on which a driveway opening is located for an accessory dwelling unit, the property shall include a properly constructed driveway that supports a vehicle being able to turn around on said property so that a vehicle does not need to back out onto the adjacent street to exit the property.
[12-5-2017; 8-3-2021; amended 5-7-2024(6)]
The maximum size of a one or two bedroom accessory dwelling unit shall be 800 square feet of habitable space, or a maximum of 75% of the size of the principal residential structure, whichever is less. Said accessory dwelling unit may also include a maximum of 200 square feet of attached open structures, such as a deck. The minimum size of an accessory dwelling unit shall be 190 square feet.
An accessory dwelling unit may be located in an accessory structure that is greater than 800 square feet in size, provided that the maximum amount of habitable space in said structure that is used as a dwelling unit is 800 square feet. Any such structure may also include a maximum of 200 square feet of attached open structures, such as a deck.
[12-5-2017; 8-3-2021; amended 5-7-2024(6)]
A property which complies with the minimum lot size, both amount of area and street frontage (if the lot has street frontage), required for a residential use in a respective zoning district, may be used for an accessory dwelling unit, provided the proposed uses on the property comply with all applicable performance standards. A property that is a nonconforming lot of record with respect to the amount of lot area or street frontage may be used for an accessory dwelling unit.
An accessory dwelling unit shall not be the only use on a property.
If a property is located in a shoreland zoning district, the property shall comply with all lot size and shore frontage requirements to allow the construction of more than one dwelling unit on the property; reference Chapter 82, Shoreland Zoning, for lot size and shore frontage requirements that apply to the respective shoreland zoning districts.
[12-5-2017; 8-3-2021; amended 5-7-2024(6)]
An accessory dwelling unit that is located in a new structure that is constructed pursuant to a building permit issued by the Department shall comply with all structure setback, structure height and lot coverage standards identified for the respective zoning district in which the dwelling unit and structure is located. If the proposed accessory dwelling unit is located in an existing accessory structure that is detached from a single family residence, such as but not limited to a garage or a barn, and the existing structure is nonconforming with respect to structure setback, structure height and/or lot coverage standards, the existing detached structure may be used for an accessory dwelling unit, provided one or more of the following standards are met:
(1)
The proposed construction does not result in the creation of any new dimensional nonconformities;
(2)
The City of Belfast Planning Board has approved a use permit to allow a nonconforming expansion as such may be permitted pursuant to requirements of Chapter 102, Zoning, Article III, Nonconformance; or
(3)
The Belfast Zoning Board of Appeals has granted a variance pursuant to Chapter 102, Zoning, Article II, Administration, Division 4, Appeals and Variances, to allow the proposed constructed.
If a property is located in a shoreland zoning district, the proposed accessory dwelling unit shall comply with all applicable structure setback, structure height and lot coverage requirements for the respective shoreland zoning district; reference Chapter 82, Shoreland Zoning, for applicable standards.