§ 30-A §4366 — Definitions

Maine § 30-A §4366

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

Text

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1.
Comprehensive economic impact area.
"Comprehensive economic impact area" means the geographic area affected by a proposed large-scale retail development. This area includes the municipality and abutting municipalities.
2.
Comprehensive economic impact study.
"Comprehensive economic impact study" means a municipal study that estimates the effects of a large-scale retail development on the local economy, downtown and community pursuant to section 4367, subsection 4.
3.
Downtown.
"Downtown" means the central business district of a community that serves as the center for socioeconomic interaction in the community and is characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious and residential buildings and public spaces, typically arranged along a main street and intersecting side streets, walkable and served by public infrastructure.
4.
Gross floor area.
"Gross floor area" means the aggregate of the areas of each floor of a building or structure, including accessory structures, measured between the exterior faces of the exterior walls or limits of the building or structure at the level of each floor.
5.
Land use permit.
"Land use permit" means a municipal permit or approval required by a municipal land ordinance, site plan ordinance, subdivision ordinance, zoning ordinance or building permit ordinance or by the state subdivision law pursuant to subchapter 4.
6.
Large-scale retail development.
"Large-scale retail development" means any retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings at the same location, and any expansion of an existing building or buildings that results in a retail business establishment's having a gross floor area of 75,000 square feet or more in one or more buildings except when the expansion of an existing retail business establishment is less than 20,000 square feet. Other retail business establishments on the same site as the large-scale retail business establishment are not included in this definition unless they share a common check stand, management, controlling ownership or storage areas.
7.
Municipal reviewing authority.
"Municipal reviewing authority" means the municipal planning board, agency or office or, if none, the municipal officers.
8.
Office.
9.
Retail business establishment.
"Retail business establishment" means a business engaged in the sale of goods to the ultimate consumer for direct use or consumption.
10.
Undue adverse impact.
"Undue adverse impact" means that, within the comprehensive economic impact area, the estimated overall negative effects on the factors listed for consideration in section 4367, subsection 4 outweigh the estimated overall positive effects on those factors.

Legislative History

PL 2007, c. 347, §1 (NEW). PL 2009, c. 549, §1 (AMD). PL 2011, c. 89, §§2, 3 (AMD).