Plain-English answers to common homeowner questions, taken from Cape Elizabeth's published ordinances, with every rule linked to the section it comes from.
Last reviewed
Accessory Dwelling Units (ADUs) Yes. Cape Elizabeth allows one accessory dwelling unit on any lot where a single-family home is the principal structure, inside the house, attached, or in a separate building. It can be no more than 1,200 sq ft (and smaller than the main home) and must meet a minimum size (190 sq ft in the ordinance, which defers to the state building codes board's standard, set at 160 sq ft in 2025); it can't be used as a short-term rental, and you need a building permit from the Code Enforcement Officer.Allowed with a permit
Backyard Chickens Generally yes. Cape Elizabeth's zoning lists agriculture, which includes raising poultry, as a permitted use in the Residence A, B and C districts; it only bars raising animals or fowl for commercial purposes on lots under 100,000 sq ft. There's no set limit on the number of hens, but a poultry house or range with more than 25 birds must be at least 150 feet from every property line.Allowed
Short-Term Rentals (Airbnb / VRBO) Only in limited ways. Cape Elizabeth requires an annual Short Term Rental Permit from the Code Enforcement Officer for any stay under 30 days, and allows just four types: renting part of your primary home while you're there, renting your whole primary home while away for up to 42 days a year, a property on 7+ acres (up to 182 days), or a second unit next to your home while you're in residence (up to 105 days). Rentals are limited to one booking per 7-day period (two if hosted), and STRs aren't allowed in accessory dwelling units.Restricted
Fences Yes. In Cape Elizabeth's Residence A, B and C districts, a fence within 5 feet of a property line can be up to 8 feet tall, in front, side or rear yards alike. On a corner lot, nothing over 3.5 feet tall may stand within the 20-foot triangle at the street intersection. The zoning ordinance excludes fences from "structures," and we found no fence permit requirement, so confirm with the town before building.Allowed
Sheds & Accessory Buildings Yes, but Cape Elizabeth requires a Building Permit from the Code Enforcement Officer for any new structure, sheds included; only a small open-sided wood storage shelter (up to 100 sq ft and 7 ft tall) is exempt. In the Residence A, B and C districts a shed of 100 sq ft or less and no taller than 8.5 ft can sit 5 ft from the side and rear lot lines, and one under 200 sq ft and no taller than 15 ft needs 10 ft; larger accessory buildings follow the district's full setbacks (30 ft in Residence A/B, 20 ft in Residence C).Allowed with a permit
Burn Permits & Backyard Fires Only with permission. Cape Elizabeth's Fire Protection Code bans any bonfire or other exposed fire unless the Fire Chief gives specific permission or state law allows it, and the town's Health and Sanitation Ordinance lets you burn only leaves or brush, with a proper permit. Burning trash or other solid waste is illegal.Allowed with a permit
Home-Based Businesses Yes. In Cape Elizabeth's residential districts a low-impact "home occupation" (at most 1 non-resident employee, no regular client or delivery visits, using no more than 40% of the home's floor area) is a permitted accessory use, but it needs a Certificate of Occupancy from the Code Enforcement Officer before it starts. A busier "home business" (up to 2 non-resident employees and limited added traffic) needs a conditional use permit from the Zoning Board of Appeals.Allowed with a permit
Swimming Pools Yes. A residential swimming pool is an accessory structure in Cape Elizabeth and needs a Building Permit from the Code Enforcement Officer. In Residence A and B it must be at least 15 feet from side and rear lot lines, and in Residence C at least 10 feet; the zoning ordinance doesn't set its own pool-fence rules.Allowed with a permit
Building Near the Water (Shoreland Zoning) You can build near the water in Cape Elizabeth, but within 250 feet of tidal water, Great Pond, the Spurwink River or a freshwater wetland (75 feet of a stream) you're in the Shoreland Performance Overlay District. New homes and accessory structures must be set back 75 feet from tidal waters and most other waters (250 feet from Great Pond, 100 feet from critical wetlands), impervious surfaces are capped at 20% of the shoreland part of the lot, and you need a permit from the Code Enforcement Officer.Allowed with a permit
Docks, Piers & Floats Possibly, but every pier, dock or wharf extending over or below the high-water line in Cape Elizabeth needs site plan approval from the Planning Board and must meet the shoreland performance standards. In Resource Protection areas piers and docks are banned in the RP1 critical wetland district and its buffer overlay and need a Resource Protection Permit elsewhere; a mooring needs a separate annual permit from the Harbor Master.Allowed with board review