BIDDEFORD — The Biddeford Planning Board unanimously voted to send an amendment to a recently-approved accessory dwelling unit ordinance back to City Council for further approval on Wednesday.

The amendment, if approved by the council, would allow pre-existing, non-conforming single-family dwellings not located in residential zones to have accessory dwelling units, or ADUs, in compliance with existing land development regulations.

The council adopted a new ADU ordinance on March 7, allowing for the creation of such units in residential zones, other than the Coastal-Residential, or CR, zone.

But following initial council approval, city staff members found a loophole in the ordinance. As passed, pre-existing, nonconforming residential structures not located in residential zones wouldn’t be able to take advantage of ADU ordinance provisions.

An ADU is defined by city ordinance as a self-contained housing unit incorporated within a single-family dwelling or in a separate building on the same lot as a single-family home. One ADU is permitted per residentially-zoned parcel except within the CR zone, as well as the Limited Residential and Resource Protection zones, which are laid over the CR zone.

City officials say allowing for such units serves several purposes, including serving the needs of older homeowners, smaller households and persons with disabilities.

They say, ADUs provide older homeowners with a means of obtaining rental income, companionship, security and services, and to downsize, while allowing them to stay in their own homes.

Such units also reduce need for infrastructure expansion and, as a result, land consumption, city officials say.

The intent of the ADU zoning ordinance is to regulate nonconforming lots, uses and structures, according to city documents, to allow for reasonable development of vacant, non-conforming lots and existing non-conforming structures.

“There are some areas in Biddeford that are already within non-residential zones but this is to allow those homes to benefit from the accessory dwelling unit ordinance,” City Planner Greg Tansley said Wednesday.

The board unanimously voted to send the amendment back to the council following a public hearing Wednesday, during which City Councilor Michael Ready, who represents Ward 7 on the council, praised the change.

“Very recently you passed the accessory dwelling unit ordinance, which the City Council unanimously approved. There were some residents in Ward 7 who were inadvertently affected and not allowed to take advantage of this,” Ready said. “I don’t think this was intentional. I think it was just something that slipped through and will hopefully be corrected tonight.”

The ordinance as amended will now go back to the City Council for further approval.

— Staff Writer Alan Bennett can be contacted at 282-1535, ext. 329 or abennett@journaltribune.com.