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Council eases zoning rules to expand seasonal housing for J‑1 and H‑2B workers
Summary
Council adopted amendments exempting J‑1 and H‑2B visa occupants from certain zoning density, parking and planning‑board review requirements in specified districts, aiming to expand seasonal housing. Members questioned vehicle‑parking language for H‑2B workers; council approved the revisions 4‑0 and indicated staff may need to tweak parking language later.
The Old Orchard Beach Town Council on March 3 adopted amendments to the town code intended to increase seasonal housing opportunities for J‑1 and H‑2B visa holders by relaxing several zoning and procedural requirements.
Under the changes discussed at the meeting, J‑1 visa occupants are exempted from zoning density, parking and planning‑board review requirements. H‑2B occupants are similarly exempt but the draft amendment as presented included a written‑commitment requirement that the H‑2B occupant “will not have a vehicle parked on‑site.” Councilors raised practical concerns about that phrasing because a property may already have required parking spaces that are unused by full‑time tenants.
“Wouldn’t they be allowed to have a vehicle on site as long as it meets the parking requirements for that property?” one councilor asked, noting it would be impractical to ban a months‑long seasonal worker from parking when a required spot is available. The town manager and planner confirmed the amendment as written included the no‑vehicle language for H‑2B occupants, and councilors suggested amending that clause later to allow compliance with existing parking requirements rather than a blanket prohibition.
The ordinance also limits the permitted locations to existing lodging uses or buildings with three or more dwellings in specified districts (DD1, DD2, GB1, GB2 and BRD) and requires that J‑1 and H‑2B occupants secure a town license before occupancy. The measure passed on a 4‑0 vote.
Councilors said the change was proposed to help local businesses that hire seasonal staff and that the amendments were worked on with the town planner and a community resident. One councilor who had asked to add H‑2B language said she would vote in favor but recommended the town consider a minor follow‑up amendment to the parking clause.
The council did not specify ordinance reference numbers in the hearing; staff will return with final language and any suggested edits to the parking provision.
