City Hall·North Yarmouth·Agenda

Planning Board

Tue Oct 27, 2026Posted by the town; shown as written, nothing added

Vacant
1. New Business

A. Review of recent legislation (LD1829/2173) with Northstar Planning.

2. Old Business
3. Public Comment
4. Any other Business Page 1 - NPOioNMUU(06)
State Of Maine
In The Year Of Our Lord
Two Thousand Twenty-Five
1. Definition. For purposes of this section, "parking agreement" means a legally binding agreement between a property developer and the owner of an off-site parking facility to provide required parking spaces within 0.25 miles of a development site.
2. Limitation of minimum parking space requirements in growth areas. Amunicipality may not require more than one off-street parking space per dwelling unit for a residential development within a designated growth area of a municipality, but a municipality may impose maximum parking space requirements or require parking demand management strategies that do not require more than one off-street parking space per dwelling unit.
3. Legalization of off-site parking agreements. A municipality must allow a developer to satisfy municipal parking requirements through off-site parking agreements with existing parking facilities located within 0.25 miles of a development site. Adeveloper engaged in an off-site parking agreement shall provide to the municipality documentation demonstrating the availability of sufficient capacity at the off-site parking facility, as determined by a professional parking study or similar evidence acceptable to the municipality. A municipality may not impose additional barriers to the approval of such parking agreements beyond verifying the adequacy of parking supply.
4. Rulemaking. The Maine Office of Community Affairs 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.
Approved
By Governor
Chapter
Public Law
1. Allowable limitation on residential units in areas zoned for commercial use. An ordinance adopted by a municipality that regulates the establishment of residential 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 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 unreasonable 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 requirements of this section beginning July 1, 2027. Page 1 - NPOioMPSO(03)
2. Differential ordinances. A municipality may enact rate of growth ordinances that set different limits on the number of building or development permits that are permitted in designated rural areas and designated growth areas. A municipality may not enact rate of growth ordinances that limit residential development in designated growth areas, as defined in section 4301, subsection 6-C, except as authorized by this chapter. Sec. 4. 30-A MRSA §4364, sub-§2, as enacted by PL 2021, c. 672, §4, is amended to read:
2. Density requirements. A municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 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. The development must be in a designated growth area of a municipality consistent with section 4349‑A, subsection
1. Use allowed. Notwithstanding any provision of law to the contrary, except Title 12, chapter 423‑A, for any area in which residential uses are allowed, including as a conditional use, a municipality shall allow at a minimum:

A. Three dwelling units, attached or detached, including accessory dwelling units, per lot; and
B. Four dwelling units, attached or detached, including accessory dwelling units, per lot if the lot is located in a designated growth area, as identified in a comprehensive plan adopted pursuant to this subchapter, or served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. A municipality may allow more units than the minimum number required by this subsection. Sec. 8. 30-A MRSA §4364-A, sub-§2, as amended by PL 2023, c. 192, §8, is repealed. Sec. 9. 30-A MRSA §4364-A, sub-§2-A is enacted to read: 2-A. Lot size and density allowance for private property. Notwithstanding any provision of law to the contrary, except Title 12, chapter 423‑A, this subsection applies to
A. If a lot is located in a designated growth area and is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system, a minimum lot size requirement may not exceed 5,000 square feet and a density requirement may not exceed 1,250 square feet of lot area per dwelling unit for the first 4 dwelling units and 5,000 additional square feet of lot area per dwelling unit for subsequent units. Page 3 - NPOioMPSO(03)
B. If a lot is located outside a designated growth area and in an area served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system, a minimum lot size requirement may not exceed 5,000 square feet and a density requirement may not exceed 5,000 square feet of lot area for the first 2 dwelling units contained within a single structure, not including accessory dwelling units.
C. If a lot is located in a designated growth area without a public, special district or other comparable sewer system, a minimum lot size requirement may not exceed the minimum lot size required by Title 12, chapter 423‑A and the density requirement or calculation may not be more restrictive than required by Title 12, chapter 423‑A. If 4 or fewer dwelling units have been constructed on a lot as a result of the allowances under this section or section 4364‑B, the lot is not eligible for any additional increases in density, including under section 4364, unless more units are allowed by the municipality. Sec. 10. 30-A MRSA §4364-A, sub-§3, as amended by PL 2023, c. 192, §9, is repealed and the following enacted in its place:

3. General requirements. Except as provided in this section, a municipal ordinance may not establish dimensional requirements for multiple units allowed by this section that are greater than dimensional requirements required for single-family dwelling units. As used in this subsection, "dimensional requirements" means requirements that govern the size and placement of structures, including building height, lot area, minimum frontage, lot depth and setbacks. Sec. 11. 30-A MRSA §4364-A, sub-§4, as enacted by PL 2021, c. 672, §5, is amended by enacting at the end a new first blocked paragraph to read: Upon receipt of written verification from a local plumbing inspector that a housing structure meets the requirements of this subsection, additional review or documentation by
1. Use permitted. Except as provided in Title 12, chapter 423‑A, a municipality shall allow an accessory dwelling unit to be located on the same lot as a single-family dwelling unit or multi-unit structure in any area in which residential uses are permitted, including as a conditional use, in accordance with this section. Sec. 14. 30-A MRSA §4364-B, sub-§2, ¶B, as enacted by PL 2021, c. 672, §6, is amended to read:

B. Attached to or sharing a wall with a single-family dwelling unit or multi-unit structure; or Sec. 15. 30-A MRSA §4364-B, sub-§3, as amended by PL 2023, c. 192, §15, is further amended to read: Page 4 - NPOioMPSO(03)

3. Zoning requirements. With respect to accessory dwelling units, municipal zoning ordinances must comply with the following conditions:

A. At least one accessory dwelling unit must be allowed on any lot where a single- family dwelling unit is the principal structure; and
B. If more than one accessory dwelling unit has been constructed on a lot as a result of the allowance under this section, the lot is not eligible for any additional increases in density except as allowed by the municipality; and
C. An accessory dwelling unit is must be allowed on a lot that does not conform to the municipal zoning ordinance if the accessory dwelling unit does not further increase the nonconformity. Sec. 16. 30-A MRSA §4364-B, sub-§4, ¶A, as enacted by PL 2021, c. 672, §6, is amended to read:
A. A municipality shall exempt an one accessory dwelling unit on a lot from any density requirements or calculations related to the area in which the accessory dwelling unit is constructed. Sec. 17. 30-A MRSA §4364-B, sub-§4, ¶E is enacted to read:
E. A municipality shall allow the construction or occupancy of an accessory dwelling unit on a lot even if the owner of the lot where the accessory dwelling unit is located does not reside in a dwelling unit on that lot. Sec. 18. 30-A MRSA §4364-B, sub-§7, as enacted by PL 2021, c. 672, §6, is amended by enacting at the end a new first blocked paragraph to read: Upon receipt of written verification from a local plumbing inspector that a housing structure meets the requirements of this subsection, additional review or documentation by a municipality related to waste and wastewater requirements before issuing a certificate of occupancy is prohibited. Sec. 19. 30-A MRSA §4364-C, sub-§4 is enacted to read:

4. Mandatory training. The municipal reviewing authority and the municipal body hearing zoning appeals, if applicable, shall attend a training on land use planning offered by a state agency or a statewide association representing municipalities or a regional council or municipality within 180 days of appointment or, if a training is not available within the 180-day period, the municipal reviewing authority member and the municipal body hearing zoning appeals must attend the next available training. Sec. 20. 30-A MRSA §4401, sub-§4, as amended by PL 2023, c. 79, §1, is further amended to read:
4. Subdivision. "Subdivision" means the division of a tract or parcel of land into 3 or more lots within any 5-year period that begins on or after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. The term "subdivision" also includes the division of a new structure or structures on a tract or parcel of land into 3 5 or more dwelling units within a 5-year period, the construction or placement of 3 5 or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into 3 5 or more dwelling units within a 5-year period.

A. In determining whether a tract or parcel of land is divided into 3 or more lots, the first dividing of the tract or parcel is considered to create the first 2 lots and the next dividing of either of these first 2 lots, by whomever accomplished, is considered to create a 3rd lot, unless: (1) Both dividings are accomplished by a subdivider who has retained one of the lots for the subdivider's own use as a single-family residence that has been the subdivider's principal residence for a period of at least 5 years immediately preceding the 2nd division; or (2) The division of the tract or parcel is otherwise exempt under this subchapter.
B. The dividing of a tract or parcel of land and the lot or lots so made, which dividing or lots when made are not subject to this subchapter, do not become subject to this subchapter by the subsequent dividing of that tract or parcel of land or any portion of that tract or parcel. The municipal reviewing authority shall consider the existence of the previously created lot or lots in reviewing a proposed subdivision created by a subsequent dividing.
C. A lot of 40 or more acres must be counted as a lot, except: (2) When a municipality has, by ordinance, or the municipal reviewing authority has, by regulation, elected not to count lots of 40 or more acres as lots for the purposes of this subchapter when the parcel of land being divided is located entirely outside any shoreland area as defined in Title 38, section 435 or a municipality's shoreland zoning ordinance. D-1. A division accomplished by devise does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter or avoid other applicable municipal requirements, including, but not limited to, road standards and safety.
E. The division of a tract or parcel of land into 3 or more lots and upon each of which lots permanent dwelling structures legally existed before September 23, 1971 is not a subdivision.
F. In determining the number of dwelling units in a structure, the provisions of this subsection regarding the determination of the number of lots apply, including exemptions from the definition of a subdivision of land. H-2. This subchapter may not be construed to prevent a municipality from enacting an ordinance under its home rule authority that otherwise regulates land use activities. A municipality may not enact an ordinance that expands the definition of "subdivision" except as provided in this subchapter. A municipality that has a definition of "subdivision" that conflicts with the requirements of this subsection at the time this paragraph takes effect shall comply with this subsection no later than January 1, 2021
I. The grant of a bona fide security interest in an entire lot that has been exempted from the definition of subdivision under paragraphs D‑1 to D‑6, or subsequent transfer of that entire lot by the original holder of the security interest or that person's successor in interest, does not create a lot for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter. A mortgage, pledge or other instrument of hypothecation against a dwelling unit or other smaller portion of real property within a parcel that is otherwise defined by this section as a lot does not itself constitute a subdivision for purposes of this section.
J. Unless the intent of a transferor is to avoid the objectives of this subchapter, the division of a tract or parcel of land accomplished by the transfer of any interest in the land to a holder does not create a lot or lots for purposes of this definition if: (1) The transferred interest, as expressed by conservation easement, binding agreement, declaration of trust or otherwise, is to be permanently held for one or more of the following conservation purposes: (a) Retaining or protecting the natural, scenic or open space values of the land; (b) Ensuring the availability of the land for agricultural, forest, recreational or open space use; (c) Protecting natural resources; or (d) Maintaining or enhancing air quality or water quality; and

6. Division of new or existing structures. Beginning July 1, 2018 January 1, 2026, a division of a new or existing structure into 3 or more dwelling units whether the division is accomplished by sale, lease, development or otherwise in a municipality where the project is subject to municipal site plan review.

A. For the purposes of this subsection, "municipal site plan review" means review under a municipal ordinance that sets forth a process for determining whether a development meets certain specified criteria, which must include criteria regarding stormwater management, sewage disposal, water supply and vehicular access and which may include criteria regarding other environmental effects, layout, scale, appearance and safety.
B. The municipal reviewing authority in each municipality shall determine whether a municipal site plan review ordinance adopted by the municipality meets the requirements of paragraph A. Sec. 22. Training of current members. Notwithstanding the Maine Revised Statutes, Title 30-A, section 4364-C, subsection 4, a member of a municipal reviewing authority or municipal body hearing zoning appeals holding office on the effective date of this Act shall attend a training as described in Title 30-A, section 4364-C, subsection 4 within 180 days of the effective date or, if a training is not available within the 180-day period, must attend the next available training. Sec. 23. Application. Notwithstanding any provision of law to the contrary, except

Two Thousand Twenty-Six
1. Ordinance review and update. A municipality that enacts a rate of growth ordinance shall review and update the ordinance at least every 3 years to determine whether the rate of growth ordinance is still necessary and how the rate of growth ordinance may be adjusted to meet current conditions.

A. Takes place on contiguous parcels or lots in the same immediate vicinity; and
B. Exhibits characteristics of a unified approach, method or effect, such as: (1) Unified ownership, management or supervision; (2) Sharing common equipment or labor; or (3) Common financing.

2. Differential ordinances. A municipality may enact rate of growth ordinances that set different limits on the number of building or development permits that are permitted in designated rural different areas. A, except that a municipality may not enact or enforce rate of growth ordinances that limit residential development in designated growth areas, as defined in section 4301, subsection 6‑C, except as authorized by this chapter subsection 3.
3. Ordinance requirements; growth areas. A municipality may adopt a rate of growth ordinance that applies to a designated growth area only if:

A. The ordinance is consistent with section 4314, subsection 3;

Where this came from

North Yarmouth Agenda Center
The town's own agenda, 18 pages. The outline above is read from the first pages of that document; the packet behind it has the memos and exhibits. Links open in a new tab.

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