Land Use & Zoning
In Maine, a zoning ordinance cannot exclude which use from ALL zones in the municipality (as this would likely be unconstitutional)?
AIndustrial warehouses
BAffordable housing (which must be accommodated somewhere in the municipality)✓ Correct
CFast food restaurants
DGas stations
Explanation
Exclusionary zoning that prevents affordable housing in an entire municipality raises constitutional and fair housing concerns. Maine's courts and the Legislature have addressed this, and municipalities must accommodate a range of housing types.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
State-Specific Concepts
DRE Regulation
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