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State Land Use Enacted Legislation

Bill # State Year Party Topic

LD 2003

ME 2022 D Accessory dwelling units regulations, Affordable housing incentives and financing, Allow ADUs where single-family homes are permitted, By-right zoning, Density bonus, Density Increases, Minimum parking requirements, Planning Requirements

Provided by Furman

Summary

  • Directs the Department of Economic and Community Development to establish a statewide housing production goal that increases the availability and affordability of all types of housing in all parts of the state, as well as regional housing production goals based on the statewide goal.
  • Establishes the Housing Opportunity Program to encourage and support the development of additional housing units, including affordable units and units targeted to community workforce housing needs. Also establishes the Housing Opportunity Fund, which provides grants for municipal ordinance development, technical assistance, and encouragement of public participation. The department shall also directly provide technical assistance.
  • Establishes affordable housing density requirements and limits off-street parking requirements. A municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2.5 times the base density that is otherwise allowed in that location and may not require more than 2 off-street parking spaces for every 3 units. These developments must be in a specified “designated growth area” or meet certain other requirements and must comply with minimum lot size requirements.
  • Mandates that, for any area in which housing is allowed, municipalities allow structures with up to 2 or 4 dwelling units per lot depending on various factors, including the lot’s location in a designated growth area and the presence of an existing dwelling unit on the lot. A municipal ordinance may not establish dimensional or setback requirements under this section that are greater than the requirements for single-family housing units.
  • Requires municipalities to allow an accessory dwelling unit (ADU) to be located on the same lot as a single-family dwelling unit in any area in which housing is permitted. The ADU may be within an existing dwelling, attached to it, or a new structure on the lot. ADUs are exempt from any density requirements related to the area in which they are constructed and may not be subject to any additional parking requirements beyond what is required for the single-family dwelling. For ADUs within or attached to the existing dwelling, the setback and dimensional requirements must be the same as for the existing dwelling.
  • Requires municipalities to ensure that ordinances and regulations are designed to affirmatively further the purposes of the Fair Housing Act and the statewide/regional housing production goal.

Provided by lawmakers

Bill Title

An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions

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