CHAPTER 595
H.P. 1323 - L.D. 1801
Sec. 1. 30-A MRSA §4314, sub-§3, ¶E, as enacted by PL 2001, c. 406, §3, is amended to read:
E. The ordinance or portion of the ordinance conflicts with a newly adopted comprehensive plan or plan amendment adopted under this subchapter, in which case the ordinance or portion of the ordinance remains in effect for a period of up to 24 months immediately following adoption of the comprehensive plan or plan amendment; or
Sec. 2. 30-A MRSA §4314, sub-§3, ¶F, as amended by PL 2001, c. 578, §10, is further amended to read:
F. The municipality or multimunicipal region applied for and was denied financial assistance for its first planning assistance or implementation assistance grant under this subchapter due to lack of state funds on or before January 1, 2003. If the office subsequently offers the municipality or multimunicipal region its first planning assistance or implementation assistance grant, the municipality or multimunicipal region has up to one year to contract with the office to prepare a comprehensive plan or implementation program, in which case the municipality's or multimunicipal region's ordinances will be subject to paragraph D.; or
Sec. 3. 30-A MRSA §4314, sub-§3, ¶G is enacted to read:
G. The ordinance or portion of an ordinance is an adult entertainment establishment ordinance, as defined in section 4352, subsection 2, that has been adopted by a municipality that has not adopted a comprehensive plan.
Sec. 4. 30-A MRSA §4352, sub-§2, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:
2. Relation to comprehensive plan. A zoning ordinance, other than an adult entertainment establishment ordinance, must be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body. As used in this section, "adult entertainment establishment ordinance" means an ordinance that regulates the operation of adult amusement stores, adult video stores, adult bookstores, adult novelty stores, adult motion picture theaters, on-site video screening establishments, adult arcades, adult entertainment nightclubs or bars, adult spas, establishments featuring strippers or erotic dancers, escort agencies or other sexually oriented businesses.
Sec. 5. 30-A MRSA §4352, sub-§6, as amended by PL 1993, c. 721, Pt. A, §11 and affected by Pt. H, §1, is further amended to read:
6. Effect on State. A zoning ordinance, other than an adult entertainment establishment ordinance, that is not consistent with a comprehensive plan that is consistent with the provisions of section 4326 is advisory with respect to the State. Except as provided in this section, a state agency shall comply with a zoning ordinance consistent with a comprehensive plan that is consistent with the provisions of section 4326 in seeking to develop any building, parking facility or other publicly owned structure. The Governor or the Governor's designee may, after public notice and opportunity for public comment, including written notice to the municipal officers, waive any use restrictions in those ordinances upon finding that:
A. The proposed use is not allowed anywhere in the municipality;
B. There are no reasonable alternative sites for or configurations of the project within the mu-nicipality that would achieve the necessary public purposes;
C. There are no reasonable alternatives to the project, including sites in other municipalities, that would achieve the necessary public purposes;
D. The project will result in public benefits beyond the limits of the municipality, including without limitation, access to public waters or publicly owned lands; and
E. The project is necessary to protect the public health, welfare or environment.
A decision to waive a restriction under this section may be appealed by the municipality or any aggrieved party to Superior Court.
Effective July 30, 2004, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
