§4351. Home rule limitations This subchapter provides express limitations on municipal home rule authority. [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).] SECTION HISTORY PL 1989, c. 104, §§A45,C10 (NEW).
§4352. Zoning ordinances A municipal zoning ordinance may provide for any form of zoning consistent with this chapter, subject to the following provisions. [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).] 1. Public participation required. The public shall be given an adequate opportunity to be heard […]
§4353-A. Code enforcement officer; authority for disability structures permits Notwithstanding section 4353, a municipality by ordinance may authorize a code enforcement officer to issue a permit to an owner of a dwelling for the purpose of making a dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. If […]
§4353. Zoning adjustment Any municipality which adopts a zoning ordinance shall establish a board of appeals subject to this section. [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).] 1. Jurisdiction; procedure. The board of appeals shall hear appeals from any action or failure to act of […]
§4354. Impact fees A municipality may enact an ordinance under its home rule authority requiring the construction of off-site capital improvements or the payment of impact fees instead of the construction. Notwithstanding section 3442, subsection 2, an impact fee may be imposed that results in a developer or developers paying the entire cost of an […]
§4355. Application fees Any application fee charged by a municipality for an application for any land use permit issued by the municipality may not exceed the reasonable cost of processing, review, regulation and supervision of the application by the municipality and its consultants and the administration of any requirement for a certificate of compliance with […]
§4356. Moratoria Any moratorium adopted by a municipality on the processing or issuance of development permits or licenses must meet the following requirements. [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).] 1. Necessity. The moratorium must be needed: A. To prevent a shortage or an […]
§4357-A. Community living arrangements 1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. “Community living arrangement” means a housing facility for 8 or fewer persons with disabilities that is approved, authorized, certified or licensed by the State. A community living arrangement may include […]
§4357. Community living arrangements (REPEALED) SECTION HISTORY PL 1989, c. 104, §§A45,C10 (NEW). PL 1997, c. 442, §1 (RP).
§4358-A. Source water protection area A municipality must notify a public drinking water supplier if a proposed land use project: [PL 1999, c. 761, §10 (NEW).] 1. Source water protection area. Is within its source water protection area; and [PL 1999, c. 761, §10 (NEW).] 2. Reviewed; abutters notified. Is reviewed by a […]
§4358. Regulation of manufactured housing 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Manufactured housing” means a structural unit or units designed for occupancy and constructed in a manufacturing facility and transported, by the use of its own chassis or an independent […]
§4359. State policy relating to municipal commercial landfill facilities moratoria It is the policy of this State, with respect to commercial landfill facilities: [PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).] 1. State and municipal control. To affirm the importance of state and municipal control over […]
§4360. Rate of growth ordinances 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. […]
§4361. Coordination of state and municipal decision making; renewable ocean energy projects 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Coastal area” has the same meaning as in Title 38, section 1802, subsection 1. [PL 2009, c. 615, Pt. G, §2 […]
§4362. Small wireless facilities 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Small wireless facility” means a wireless facility each antenna of which could fit within an enclosure of no more than 3 cubic feet and of which all associated wireless equipment […]
§4363. Regulation of tiny homes 1. Definition. For the purposes of this section, “tiny home” has the same meaning as in Title 29‑A, section 101, subsection 80‑C. [PL 2021, c. 219, §1 (NEW).] 2. Location of tiny homes. A municipality shall permit a tiny home to be placed or erected on an individual house […]
§4364-A. Residential areas, generally; up to 4 dwelling units allowed 1. Use allowed. Notwithstanding any provision of law to the contrary, except as provided in Title 12, chapter 423-A, for any area in which housing is allowed, a municipality shall allow structures with up to 2 dwelling units per lot if that lot does not […]
§4364-B. Accessory dwelling units 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 in any area in which housing is permitted. [PL 2021, c. 672, §6 (NEW).] 2. Restrictions. An accessory dwelling […]
§4364-C. Municipal role in statewide housing production goals This section governs the responsibilities and roles of municipalities in achieving the statewide and regional housing production goals set by the Department of Economic and Community Development in Title 5, section 13056, subsection 9. [PL 2021, c. 672, §7 (NEW).] 1. Fair housing and nondiscrimination. A […]
§4364. Affordable housing density For an affordable housing development approved on or after July 1, 2023, a municipality with density requirements shall apply density requirements in accordance with this section. [PL 2021, c. 672, §4 (NEW).] 1. Definition. For the purposes of this section, “affordable housing development” means: A. For rental housing, a […]
