An Act To Allow a Municipality To Grant a Variance for the Construction of a Parking Structure for a Person with a Permanent Disability
Maine Legislature, Session 124, LD 1172
Committee: State and Local Government
Sponsors: CASAVANT, ALFOND, JOHNSON, KRUGER, LOVEJOY, RANKIN, RICHARDSON, SUTHERLAND, TUTTLE, WAGNER
Amends: 30-A MRSA §4353

Legislative Document 
No. 1172 
H.P.811 
House of Representatives, March 25,2009 
An Act To Allow a Municipality To Grant a Variance for the 
Construction of a Parking Structure for a Person with a Permanent 
Disability 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Senator ALFOND of Cumberlarid and 
l1/~d:: 1/1. 71!d£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: JOHNSON of Greenville, KRUGER of Thomaston, LOVEJOY of Portland, 
RANKIN of Hiram, RICHARDSON of Carmel, SUTHERLAND of Chapman, TUTTLE of 
Sanford, WAGNER of Lewiston. 
Primct..l 011 recycled pnpL!r 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 30-A MRSA §4353, sub",§4-A, as amended by PL 1995, c. 212, §1, is 
repealed and the following .e.nacted initspl~ce: 
A 
4-A. Disability variance; vehicle storage. A disability variance may be granted 
pursuant to this subsection. 
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A. The board may grant a variance to an owner of a dwelling for the purpose of 
making that dwelling accessible to a person with a disability who resides in or 
regularly uses the dwelling. The board shall restrict any variance granted under this 
paragraph solely to the installation of equipment or the construction of structures 
necessary for access to or egress from the dwelling by the person with the disability. 
The board may impose conditions on the variance granted pursuant to this' paragraph, 
including limiting the variance to the duration of the disability or to the time. that the: 
person with the disability lives in the dwelling. For the purposes of this paragraph, 
the term "structures necessary for access to or egress from the dwelling" is defined to 
include railing, wall or roof systems necessary for the safety or effectiveness of the 
structUre. 
B. If authorized by the zoningordinanc~ establishing the'board, the board may grant 
a variance to an owner of a dwelling who resides in the dwelling and who is a person 
with a permanent disability for the construction of a place of storage and parking for 
a noncommerCial vehicle owned by that person and no other purpose. The structure 
must be attached to the dwelling owned by the person with a permanent disability by 
a foundation and must have load-bearing walls. The width and length of the structure 
may not be larger than 1 112 times the width and length of the noncommercial 
vehicle. The owner shall submit proposed plans for the structure with the request for 
the variance pursuant to this paragraph to the board. 
The person with the permanent disability shall prove by a preponderance of the 
evidence that theperson's disability is permanent. 
For purposes of this paragraph, "noncommercial vehicle" means a motor vehicle as 
dermed in Title 29-A, section 101, subsection.42 with a gross vehicle weight of no 
more than 6,000 pounds, bearing a disability registration plate issued pursuant to 
Title 29-A, section 521 and owned by the person with the permanent disability. 
The board may impose conditions on the variance granted pursuant to this subsection. 
For purposes of this subsection, "disability" has the same meaning as a physical or mental 
disability under Title 5, section 4553-A. 
SUMMARY 
Current law allows a' zoning board of appeals to grant a variance. to a person with a 
.. disability for the construction of equipment or structures necessary for access to or egress 
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from the dwelling. 
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This bill allows a zoning board, if allowed by the municipal ordinance establishing 
the zoning board, to grant a variance for the construction of a structure for the storage of a 
motor vehicle owned by a person with a permanent disability and registered in this State 
with disability registration plates.