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L.D. 2003 Related Items
In 2022 the State Legislature passed a law commonly known as L.D. 2003, which mandates state-wide legislation on various land use standards in an effort to address the housing shortage. In summary, every municipality is required to:
- Allow up to four residential structures or units on lots where housing is allowed.
- Allow an accessory dwelling unit on any lot where a single-family dwelling unit is located & permitted.
- Allow a density bonus for certain affordable housing developments.
- Allow up to four residential structures or units on lots where housing is allowed
Westbrook Land Use Ordinance already permitted this.
Multiple dwelling units or structures are permitted on a lot provided:
- The lot is located in a zoning district where residential use is permitted;
- The lot has adequate residential density to support more than one dwelling unit; and
- All other performance standards of the zoning district in which the lot is located can be met (ex: setbacks, building footprint, etc.)
For example, the Residential Density Factor for the Residential Growth Area 1 (RGA1) District is 1-dwelling unit/5,000 sf. Therefore, if a lot located in the RGA1 District is 20,000 sf, that lot could support 4-residential dwelling units or structures, provided all other standards of the RGA1 District are met. If a lot located in the RGA1 District is 7,000 sf, that lot may only have 1-residential dwelling unit as a minimum of 10,000 sf would be required to support 2-residential units.
The intent of this law was to prohibit a municipality from only allowing 1-residential unit on a lot in a particular district regardless of that lot's size. Where Westbrook regulates residential uses based on a lot's size and not by the number of structures or units permitted, no changes to the Westbrook Land Use Ordinance were required to meet this standard.
- Allow an accessory dwelling unit on any lot where a single-family dwelling unit is located
Westbrook Land Use Ordinance mostly permitted this.
An accessory dwelling unit is a dwelling unit that is permitted on a lot where the lot does not have adequate square footage to support a second unit. In the example described above, the single-family dwelling located on the 7,000 sf lot located in the RGA1 District could be afforded an accessory dwelling unit where the lot is not large enough for a second dwelling unit by right. The difference between a permitted second dwelling unit and an accessory dwelling unit is that accessory dwelling units is subject to size & occupant restrictions and additional performance standards that a permitted second unit does not.
Westbrook Ordinances already permitted an accessory dwelling unit on any lot where a single-family dwelling unit located. However the Ordinance required an ADU to be attached to or part of the principal single family structure. L.D. 2003 expanded this to require municipalities to allow for detached ADUs as well. L.D. 2003 further prohibited a municipality from implementing any additional parking requirements for an ADU beyond the parking requirements of the single-family dwelling on the lot where the ADU is located.
- Allow a density bonus for certain affordable housing developments
This requirement was new to Westbrook and required amendments to the Comprehensive Plan & Land Use Ordinance
L.D. 2003 defines an "Affordable Housing Project" as a project where at least 51% of the units provided are rented at 80% AMI or sold at 120% AMI. With the passing of L.D. 2003 the State required municipalities to permit a density bonus of 2.5x the base density for all Affordable Housing Projects that are located within a municipality's growth area as defined in that municipality's most recently adopted comprehensive plan.