An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions
Maine Legislature, Session 130, LD 2003
Committee Amendment CA_A_HA_A_H1024 (House)

HOUSE AMENDMENT 'A ,, to COlvIMITTEE AMENDMENT "A" to H.P. 1489, 
L.D. 2003, "An Act To Implement the Recommendations of the Commission To Increase 
Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions" 
Amend the amendment in section 5 in §4364 in subsection 2 in the last line (page 3, 
line 30 in amendment) by inserting after the following: "system. 
the following: 'The 
development must comply with minimum lot size requirements in accordance with Title 
12. chapter 423wA, as applicable.' 
Amend the amendment in section 5 in §4364 in subsection 3 in paragraph A in the last 
line (page 3, line 38 in amendment) by inserting after the following: "income" the 
following: 'at the time of initial occupancy' 
Amend the amendment in section 5 in §4364 in subsection 3 in paragraph B in the last 
line (page 3, line 41 in amendment) by inserting after the following: "income" the 
following: 'at the time of initial occupancy' 
Amend the amendment in section 6 in §43 64-A by striking out all of subsection 1 (page 
4, lines 39 to 43 and page 5, lines 1 to 8 in amendment) and inserting the following: 
'1. Use allowed. Notwithstanding any provision of law to the contrary. except as 
provided in Title 12. chapter 423wA. for any area in which housing is allowed, a 
municipality shall allow stmctures with up,to 2 dwelling units per lot if that lot does not 
contain an existing dwelling unit, except that a municipality shall allow up to 4 dwelling 
units per lot if that lot does not contain an existing dwelling unit and the lot is located in a 
designated growth area within a municipality consistent with section 4349wA, subsection 
1, paragraph A or B or if the lot is served by a public, special district or other centrally 
managed water system and a public, special district or other comparable sewer system in a 
municipality without a comprehensive plan. 
A municipality shall allow on a lot with one existing dwelling unit the addition of up to 2 
dwelling units: one additional dwelling unit within or attached to an existing structure or 
one additional detached dwelling unit, or one of each. 
A municipality may allow more units than the number required to be allowed by this 
subsection.' 
HOUSE AMENDMENT 
HOUSE AMENDMENT. ':A "to COMMITTEE AMENDMENT "A" to H.P. 1489, L.D. 2003 
Amend the amendment in section 6 in §4364-A in subsection 2 by striking out all of 
paragraph A (page 5, lines 11 and 12 in amendment) and inserting the following: 
'A. If more than one dwelling unit has been constmcted on a lot as a result of the 
allowance under this section or section 43 64-B. the lot is not eligible for any additional 
increases in density except as allowed by the municipality.' 
Amend the amendment in section 6 in §4364-A in subsection 3 in the last line (page 5, 
line 19 in amendment) by inserting after the following: 
11units
the following: '. except that 
a municipal ordinance may establish requirements for a lot area per dwelling unit as long 
as the required lot area for subsequent units on a lot is not greater than the required lot area 
for the first unit' 
Amend the amendment in section 7 in §4364-B in subsection 1 in the first line (page 
6, line 25 in amendment) by striking out the following: 
11A
and inserting the following: 
'Except as provided in Title 12. chapter 423-A. a' 
Amend the amendment in section 7 in §4364-B in subsection 3 by striking out all of 
paragraph B (page 6, lines 38 and 39 in amendment) and inserting the following: 
'B. If more than one accessory dwelling unit has been constructed on a lot as a result 
of the allowance under this section or section 4364-A. the lot is not eligible for any 
additional increases in density except as allowed by the municipality.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment amends Committee Amendment uA" as follows. 
1. It provides that the affordable housing development and accessory dwelling unit 
provisions in the committee amendment are subj~ct to minimum lot size requirements in 
accordance with the Maine Revised Statutes, Title 12, chapter 423-A, as applicable. 
2. It clarifies that the income eligibility for all the housing units in an affordable 
housing development must be calculated at the time of initial occupancy. 
3. It authorizes a municipality to allow more dwelling units in residential areas than the 
number required to be allowed by the municipality in the committee amendment. 
4. It removes the provisions in the committee amendment that deem lots single-family 
lots for the purposes of municipal zoning ordinances for the provisions relating to dwelling 
units and accessory dwelling units in the committee amendment. 
5. It provides that lots that have constructed dwelling units or accessory dwelling units 
in accordance with the provisions in the committee amendment are not eligible for any 
additional increases in density except as allowed by the municipality. 
HOUSE AMENDMENT 
HOUSE AMENDMENT 'A "to COMMITTEE AMENDMENT "A" to H.P. 1489, L.D. 2003 
6. It provides that a municipality may establish requirements for a lot area per dwelling 
unit as long as the required lot area for subsequent units on a lot is not greater than the 
required lot area for the first unit. 
SPONSORED BY: ~ 
i::--;;; 
(Speaker FECTEAU,.) 
TOWN: Biddeford 
HOUSE AMENDMENT