CHAPTER 442
S.P. 292 - L.D. 943
An Act to Amend the Law Governing Municipal Zoning with Respect to Community Living Arrangements
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4357, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is repealed.
Sec. 2. 30-A MRSA §4357-A is enacted to read:
§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 a group home, foster home or intermediate care facility.
B. "Disability" has the same meaning as the term "handicap" in the federal Fair Housing Act, 42 United States Code, Section 3602.
2. Single-family use. In order to implement the policy of this State that persons with disabilities are not excluded by municipal zoning ordinances from the benefits of normal residential surroundings, a community living arrangement is deemed a single-family use of property for the purposes of zoning.
Sec. 3. 36 MRSA §652, sub-§1, śC, as amended by PL 1995, c. 560, Pt. K, §82 and affected by §83, is further amended by amending subparagraph (6), division (b), subdivision (i) to read:
(i) Property used as a nonprofit nursing home, boarding home or boarding care facility licensed by the Department of Human Services pursuant to Title 22, chapter 1665 or a community living facility arrangement as defined in Title 30-A, section 4357, subsection 2, paragraph B 4357-A or any property owned by a nonprofit organization licensed or funded by the Department of Mental Health, Mental Retardation and Substance Abuse Services to provide services to or for the benefit of persons with mental illness or mental retardation;
Effective September 19, 1997, unless otherwise indicated.
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