Sec. 1. 38 MRSA §439-A, sub-§8 is enacted to read:

8.__Telescopes and other scientific instruments.__ Notwithstanding subsection 4, a municipality may adopt an ordinance that permits the construction of a protective enclosure for a telescope or other scientific instrument that would exceed the maximum permitted height of a structure within the shoreland zone, if the proposed plan includes the following conditions:

A.__The protective enclosure would be used exclusively to house a telescope or other scientific instrument, and associated equipment, for the purpose of shielding it from the weather;

B.__The highest point of the protective enclosure would not extend more than 12 feet above the highest point of the legally existing structure to which it would be attached.__ Measurements of height are exclusive of chimneys, antennae, transmission towers or similar structures having no floor space; and

C.__The protective enclosure would not have a floor space in excess of 100 square feet.

SUMMARY

This bill allows a municipality to adopt an ordinance that permits the construction of a protective enclosure, such as a dome or cupola, as an addition to a legally existing structure if the addition to extend the existing structure's height is no more than 12 additional feet and has a maximum floor space of 100 square feet. The addition must be used exclusively to house and protect a telescope or other scientific instrument from adverse weather conditions.