| | | Sec. C-19. 30-A MRSA §4352, sub-§2, as amended by PL 2003, c. 595, §4, | | is further amended to read: |
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| | | 2. Relation to comprehensive plan. A zoning ordinance, other | than an adult entertainment establishment ordinance, | | 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. |
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| | | Sec. C-20. 30-A MRSA §4352, sub-§6, as amended by PL 2003, c. 595, §5, | | is further amended to read: |
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| | | 6. Effect on State. A zoning ordinance, other than an adult | entertainment establishment ordinance, | | 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: |
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| | | A. The proposed use is not allowed anywhere in the | | municipality; |
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| | | B. There are no reasonable alternative sites for or | | configurations of the project within the municipality that | | would achieve the necessary public purposes; |
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| | | C. There are no reasonable alternatives to the project, | | including sites in other municipalities, that would achieve | | the necessary public purposes; |
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| | | 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 |
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