Town Of Cape Elizabeth
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04/22/08

Planning Board sets public hearing on bed-and-breakfast provisions

The Planning Board will hold a public hearing at its May meeting on an amendment to the zoning ordinance that will allow beds-and-breakfasts in residential zones.

The hearing is slated for Tuesday, May 20, 7 p.m. in the Town Hall chamber.

The proposed amendment was referred to the board for recommendation by the Town Council, in response to a citizen request.

The proposed amendments would create a definition of "homestay", where up to two rooms may be rented to guests for any length of time.

A revised definition of "bed-and-breakfast" (B&B) is also proposed. The revision would limit B&Bs to six rooms, where meals may or may not be served, to guests who can stay up to 14 days.

Currently, bed-and-breakfasts are permitted in the Town Center District, and are defined as an owner-occupied building in which up to nine guest rooms are used to provide overnight accommodations for transient guests.

B&Bs are proposed to be a permitted use in the Residence A and Residence C districts. This would allow conversion of existing structures to B&Bs, and also new construction of structures as B&Bs.

Beginning in the "Space and Bulk Standards" section of the ordinance, existing structures could convert to a B&B on a lot of any size. B&Bs proposed in new construction would need a minimum lot size of 80,000 square feet in the RA District, the same lot size required for individual single family lots. New construction in the RC District would require 20,000 square feet.

B&Bs are proposed to be permitted in the RA and RC Districts where the lot fronts an arterial or collector road. Then only arterial road in town is Route 77. Collector roads are Mitchell, Scott Dyer and Shore roads.

The following chart indicates the number of lots in town that may eligible for a B&B. This chart includes lots that may be eliminated for other reasons, such as but not limited to: the presence of wetlands on the site; inadequate room for parking ;or insufficient capacity for sanitary waste disposal. It does not include eligible lots that are less than 20,000 square feet in size.

Street Type

Lot Size

20,000-
40,000sq. ft
40,000-
80,000 sq. ft
<80,000sq. ft TOTAL
Arterial 18 14 30 62
Collector 71 46 62 179
TOTAL 89 60 92 241

In the RA District, the required amount of road frontage proposed is 50 feet for existing buildings and 125 feet for new construction. Road frontage is proposed to be 50 feet for existing buildings and 100 feet for new construction in the RC. All B&Bs would be required to have the minimum frontage on an arterial or collector road. Sec. F in each district would require B&Bs to have site-plan review by the Planning Board.

Finally, the off-street parking section of the ordinance, under the proposal, would be augmented to require a parking space for employees in a B&B or homestay.