An Act to Allow
Maine Legislature, Session 132, LD 0997
Committee Amendment CA_A_H686 (House)
Amends: 30-A MRSA §4364-C, 30-A MRSA §4364-D

·,. COMMITTEE AMENDMENT "4,, to H.P. 644, L.D. 997, "An Act to Allow 
Residential Use Development in Commercial Districts" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
1Sec. 1. 30-A MRSA §4364-C, sub-§3, as amended by PL 2023, c. 536, §1, is 
repealed. 
Sec. 2. 30-A MRSA §4364-D is enacted to read: 
§4364-D. Residential units in areas zoned for commercial use 
A municipality shall allow residential units within buildings located in an area zoned 
for commercial use. including. but not limited to, buildings that are vacant or partially 
vacant retail property, except when a municipality determines that flooding or other natural 
hazards in the zone makes a building located in an area zoned for commercial use unfit for 
residential use. For purposes of this section, 
11commercial use
means the use of lands, 
buildings or structures the intent or result of which is the production of income from the 
buying or selling of goods or services. 
11Commercial use
does not include a home-based 
business, the rental of a single dwelling unit on a single lot or incidental sales of goods or 
services as may be allowed by permit or standard. 
1. Allowable limitation on residential units in areas zoned for commercial use. 
An ordinance adopted by a municipality that regulates the establishment ofresidential units 
in an area zoned for commercial use may establish standards that limit the number of 
residential units in a commercial development. 
2. Allowable requirement for commercial use on ground floor. An ordinance 
adopted by a municipality that regulates the establishment of residential units in an area 
zoned for commercial use may require the ground floor of a building containing residential 
units to be restricted for commercial use. 
3, Allowable siting and design requirements for residential units in areas zoned 
for commercial use. A municipality may adopt an ordinance regulating the siting and 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A" to H.P. 644, L.D. 997 
design of a residential or mixed-use development established in an area zoned for 
commercial use as long as the ordinance, alone or in combination with other siting and 
design ordinances, does not discourage the development through umeasonable costs or 
delays, 
4. Prohibited limitations on residential development. An ordinance adopted by a 
municipality that regulates residential development in an area zoned for commercial use 
may not contain restrictions or limitations more stringent than the restrictions or limitations 
contained in section 4364, 4364-A or 4364-B. 
5. Health and safety requirements. This section is not intended to reduce or change 
health or safety requirements applicable to residential units located in a municipality, 
6. 
Rulemaking. 
The state agency responsible for administering the Housing 
Opportunity Program established in Title 5, section 13056-J may adopt rules to administer. 
and enforce this section. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
7. Implementation, A municipality must comply with the reguirements of this section 
beginning July 1, 2027. 1 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively, 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. The 
amendment requires a municipality to allow residential units within buildings in an area 
zoned for commercial use. The amendment allows the state agency responsible for the 
Housing Opp01tunity Program to adopt rules to administer and enforce this legislation. A 
municipality must comply with the requirements of this legislation beginning July 1, 2027, 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/30/25 LRL 
LD997 
LR 1162(02) 
An Act to Allow Residential Use Development in Commercial Districts 
Fiscal Note for Bill as Amended by Committee Amendment :i\{1--1- - {of/o \ 
Committee: Housing and Economic Development 
') 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the state agency with responsibility for the Housing Opportunity Program associated with the 
rulemaldng process can be absorbed within existing budgeted resources, 
LRl 162(02) - Fiscal Note - Page 1 of 1