An Act to Amend the Law Governing Zoning Ordinance Variances for Persons with Permanent Disabilities
Summary
LD 907 amends Maine’s zoning variance law to make it easier for a homeowner to obtain a variance to build a storage and parking structure for a noncommercial vehicle used to transport a person with a permanent disability. The bill applies when the zoning ordinance allows the board to grant such variances and requires the owner of the dwelling to live in the home and be responsible for transporting the disabled person. The structure must be for no other purpose, and its dimensions may not exceed twice the width and length of the vehicle.
The bill also clarifies the evidentiary standard for proving disability status by requiring the person with the permanent disability to show by a preponderance of the evidence that the disability is permanent. It defines “noncommercial vehicle” as a motor vehicle with a gross vehicle weight of no more than 6,000 pounds that bears a disability registration plate and is owned by the person with the permanent disability.
Impact
LD 907 amends Title 30-A, section 4353, subsection 4-A, paragraph B, which governs zoning ordinance variances for certain accessibility-related structures. The change narrows and clarifies the conditions under which local zoning boards may approve a variance for a storage and parking structure tied to a disabled person’s vehicle, while preserving local board discretion where the zoning ordinance authorizes it. It affects homeowners, zoning boards, and individuals with permanent disabilities who rely on specially designated vehicles for transportation.
Sentiment
The bill appears to have been viewed positively and without recorded controversy in the available materials. There are no committee transcripts or recorded votes showing opposition, and the bill was enacted into public law. Its purpose is framed as a targeted accommodation for persons with permanent disabilities, suggesting general support for the accessibility-related change.
Contention
No specific points of contention are documented in the provided record. Potential areas of debate inherent in the bill’s language could include the limits on vehicle size, the requirement that the structure be used for no other purpose, and the need to prove permanence of disability by a preponderance of the evidence. However, no opposing arguments, amendments, or recorded disagreements are available in the supplied materials.
Amends the zoning ordinances to allow the town to restrict occupancy to one unrelated person per bedroom in a dwelling, up to a five (5) bedroom unit. Units with more than five (5) bedrooms may be limited to five (5) unrelated persons per unit.
Amends the zoning ordinances to allow the town to restrict occupancy to one unrelated person per bedroom in a dwelling, up to a five (5) bedroom unit. Units with more than five (5) bedrooms may be limited to five (5) unrelated persons per unit.
Adds a definition for "co-living housing" to the zoning ordinance provisions of the general laws and would include such housing as a special provision to be included in a zoning ordinance.
Adds a definition for "co-living housing" to the zoning ordinance provisions of the general laws and would include such housing as a special provision to be included in a zoning ordinance.
Provides technical amendments relating to comprehensive planning and land use, subdivision of land, zoning ordinances and low- and moderate-income housing.
Amends several sections of chapter 24 of title 45, entitled "zoning ordinances," also known as the "Rhode Island zoning enabling act of 1991," with the intent of preserving neighborhood character and promoting smart growth.