§ 30-A §4352 — Zoning ordinances

Maine § 30-A §4352

• Jurisdiction: Maine
• Title 30-A: MUNICIPALITIES AND COUNTIES
• Part 2: MUNICIPALITIES
• Ch. 187: PLANNING AND LAND USE REGULATION

Text

A municipal zoning ordinance may provide for any form of zoning consistent with this chapter, subject to the following provisions.
1.
Public participation required.
The public shall be given an adequate opportunity to be heard in the preparation of a zoning ordinance.
2.
Relation to comprehensive plan.
A zoning ordinance must be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body, except that adoption of an adult entertainment establishment ordinance does not necessitate adoption of a comprehensive plan by a municipality that has no such comprehensive plan. 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. For purposes of this subsection, "zoning ordinance" does not include a cluster development ordinance or a design ordinance prescribing the color, shape, height, landscaping, amount of open space or other comparable physical characteristics of development.
3.
Zoning map required.
A zoning map describing each zone established or modified must be adopted as part of the zoning ordinance or incorporated in the ordinance. Any conflict between the zoning map and a description by metes and bounds shall be resolved in favor of the description by metes and bounds.
4.
Exemptions.
Real estate used or to be used by a public utility, as defined in Title 35‑A, section 102, subsection 13, or by a renewable ocean energy project as defined in Title 12, section 1862, subsection 1, paragraph F‑1 is wholly or partially exempt from an ordinance only when on petition, notice and public hearing the Public Utilities Commission determines that the exemption is reasonably necessary for public welfare and convenience. The Public Utilities Commission shall adopt by rule procedures to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
5.
Effect on local governments.
County and municipal governments and districts are subject to any zoning ordinance.
6.
Effect on State.
A zoning 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:
7.
Petition for rezoning; bond.
Any zoning ordinance may provide that if a person petitions for rezoning of an area for the purpose of development in accordance with an architect's plan the area may not be rezoned unless the petitioner posts a performance bond equal to at least 25% of the estimated cost of the development. The bond shall become payable to the municipality if the petitioner fails to begin construction in a substantial manner and in accordance with the plan within one year of the effective date of the rezoning.
8.
Conditional and contract rezoning.
A zoning ordinance may include provisions for conditional or contract zoning. All rezoning under this subsection must:
9.
Notice; general requirements.
Before adopting a new zoning ordinance or map or amending an existing zoning ordinance or map, including ordinances or amendments adopted under the laws governing growth management contained in chapter 187, subchapter II or the laws governing shoreland zoning contained in Title 38, chapter 3, subchapter I, article 2‑B, the municipal reviewing authority must post and publish notice of the public hearing required under subsection 1 in accordance with the following provisions.
10.
Additional notice; limited areas.
Notice must be given in accordance with this subsection and subsection 9 when a municipality has proposed an amendment to an existing zoning ordinance or map that, within a geographically specific portion of the municipality, has the effect of either prohibiting all industrial, commercial or retail uses where any of these uses is permitted or permitting any industrial, commercial or retail uses where any of these uses is prohibited.

Legislative History

PL 1989, c. 104, §§A45,C10 (NEW). PL 1991, c. 504, §§1,2 (AMD). PL 1993, c. 374, §§3,4 (AMD). PL 1993, c. 721, §A11 (AMD). PL 1993, c. 721, §H1 (AFF). PL 1997, c. 36, §§1-3 (AMD). PL 1999, c. 761, §§7-9 (AMD). PL 2001, c. 578, §21 (AMD). PL 2003, c. 595, §§4,5 (AMD). PL 2003, c. 688, §§C19,20 (AMD). PL 2007, c. 247, §6 (AMD). PL 2007, c. 656, Pt. A, §2 (AMD). PL 2009, c. 615, Pt. G, §1 (AMD). PL 2023, c. 646, Pt. A, §39 (AMD).