| |
publicly owned structure. | | advisory with respect to the State, except that, when developing | | any buildings, parking facilities or other publicly owned | | structures, a state agency shall comply with zoning and other land | | use ordinances that the office determines are consistent with a | | comprehensive plan that the office has found consistent under | | section 4347-A. 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 | | 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 municipality 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. |
|
| | | Sec. 19. 38 MRSA §440, 2nd ¶, as reallocated by PL 1985, c. 481, Pt. | | A, §28, is amended to read: |
|
| | | Zoning ordinances | pursuant to this section shall | | with a comprehensive plan unless the ordinance complies with the | | requirements of the Federal Flood Insurance Program or other | | provisions of this section. |
|
| | | Emergency clause. In view of the emergency cited in the preamble, | | this Act takes effect when approved. |
|
| | | This bill clarifies that financial aid contracts are allowed |
|
|
