Summary of Proposed Changes Manufactured Housing & Accessory Apartments

MANUFACTURED HOUSING & ACCESSORY APARTMENTS MINOR POLICY CHANGES

Summary Over the past several decades, the Maine Legislature has imposed limits on home rule authority to regulate manufactured housing, which includes mobile homes, both on individual lots and in mobile home parks, modular homes, and more recently, tiny homes. In the past few years, the Legislature has attempted to respond to the housing crisis by further restricting municipal authority to limit the number of housing units on lots, with enactment of specific requirements for allowed housing density. The proposed amendments address specific areas where Durham’s current land use regulations violate State law.

Current vs. Proposed Manufactured Housing & Accessory Apartment Standards
        Aspect                       Current                             Proposed
 Tiny Homes               Allowed as a primary housing      Must be allowed as a stand-alone
                          unit on any lot.                  accessory dwelling unit on any lot.
 Accessory Apartments     Must be attached to or            Must be allowed as stand-alone unit.
                          contained within a building.
 Mobile Homes on          Must be at least 14 feet wide     Must allow any manufactured
 Individual Lots          and have a 3:12 or greater        housing unit that meets State
                          pitched roof.                     licensing requirements. Cannot
                                                            require steeper roof pitch than 2:12.
 Mobile Home Park         Must have at least 20 acres of    Cannot require the area of a mobile
 Minimum Site Size        land for a mobile home park.      home park to be larger than the area
                                                            needed for the park lots and required
                                                            features of the park.
 Minimum Mobile Home      Must be at least 40,000 sq. ft.   Cannot require lots to be greater
 Park Lot Size            Must be at least 200 ft wide      than 20,000 sq. ft. and 100 ft wide
                                                            with septic systems. (12,000 sq. ft. &
                                                            75 ft with central sewer system)
 Mobile Home Park         Must meet same road               Cannot require ROW to be more
 Road Requirements        standards as subdivisions         than 23 ft and road width greater
                          (50-foot ROW & 22 ft road         than 20 ft.
                          width)
 Mobile Home Park         Must be underground if            Must allow overhead electrical lines.
 Utilities                possible.

Why the Change? The Town of Durham cannot enforce zoning laws that violate State law. The proposed changes will bring Durham into compliance with State requirements and eliminate conflicts and confusion for the Code Officer and property owners. The Town will need to make additional changes to housing density based on a law that goes into effect in July of 2027.

We want to hear from you! Do you support the proposed changes to bring Durham into compliance with Maine laws on manufactured housing and accessory apartments? Do you have any concerns about these changes? Please share your thoughts with the Planning Board during the public participation process. You can submit written comments to the Town Planner for circulation to the Board by emailing townplanner@durhammaine.gov.