By Emma Bouthillette 

Staff Writer

If your children have all moved out or you have some extra living space above the garage, a proposed amendment to the Kennebunkport zoning ordinance could allow you to rent out that extra space as an accessory apartment – also known as “in-law apartments” – which is an apartment fully equipped with a kitchen and bathroom attached to an existing house or above a garage. 

As an initiative started by Kennebunkport Selectman Allen Daggett, town officials have taken a closer look at the current ordinance and proposed some revisions to allow owners of current single-family dwellings to secure additional income through renting an accessory apartment. 

“This also would promote more affordable housing in the town,” Town Manager Larry Mead said. 

Currently, the town’s regulations restrict an accessory apartment to 500 square feet on a single-family residence built before 1972. In a comparison chart presented by Mead, surrounding towns allow accessory apartments between 600 and 800 square feet as part of a primary residence or detached accessory building, such as a garage. 

“Kennebunkport has the most restrictive guidelines,” Mead said. 

With hopes to place the issue as a warrant article for the June election, the proposed changes would include limiting the accessory apartment to 30 percent of the primary dwelling square footage up to 800 square feet and in compliance with setbacks, lot coverage and parking regulations.  

While the amendment would allow accessory apartments throughout town, Code Enforcement Office Brian Shaw emphasized It would be “highly unlikely” ocean front properties would be eligible as lot size and shore frontage requirements would need to be met for the primary residence as well as the apartment, and most properties currently don’t have a double lot.

While Shaw and Mead proposed the apartment must be attached to the primary dwelling and rented with a minimum one-year lease, selectmen debated those regulations. 

“I think we’re overthinking some of this,” Selectman Mike Weston said. “We’re trying to help some of these people out.”

“Some residents already have detached apartments. We’re trying to allow more than restrict,” Selectman Kristi Bryant said. 

Selectmen Chairman Matt Lanigan suggested changing the one-year lease restriction to a shorter period of three or six months to accommodate seasonal employees looking for a place to live or even University of New England students. 

Mead said town officials weighed the two benefits of changing the regulations and deciding allowing more frequent change over of renters would benefit the homeowner more than people looking for affordable housing. 

“Weekly and monthly rentals would be the most profitable way, but that’s not really our goal. We’re doing this to create living to keep people in town who couldn’t afford it otherwise,” Mead said. 

Homeowners interested in creating an accessory apartment would be required to record a deed restriction with the town registry, and Mead said rentals would be monitored for any abuse of the accessory apartment. 

“If people are abusing the rules, we’re recommending a penalty would be discontinuing the accessory unit, revoking the permit and requiring the kitchen be removed,” Mead said. 

Town officials will continue to discuss the  proposed amendment in effort to have residents vote on the change in June.