Legal Question in Real Estate Law in Maine

Re: Mobile Home Zoning

This reply is without the benefit of reviewing the relevant portion of the Town�s zoning ordinance.

Under 30-A MRSA Section 4352, a Town has broad power to regulate land use by crafting any zoning ordinance, generally, as long as it is consistent with a �comprehensive plan� adopted by the Town.

The legislature has carved out some limits, like 30-A MRSA Section 4358(2), regarding �manufactured homes� including �newer mobile homes� as defined in Section 4358(1)(A)(1).

Section 4358(2) mandates that the Town permit manufactured housing �on individual house lots in a number of locations on undeveloped lots where single-family dwellings are located.� If the Town is permitting �a number� of such lots to multiple zones in your town but not all residential zones, the Town could argue it has no obligation to permit further ones, including yours.

I do not see a distinction in the statute between mobile homes and modular.

Note that your lot may be inapplicable unless it is an undeveloped lot among single-family homes.