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An Act To Exclude Cupolas from the Measurement of Height for Structures in the Shoreland Zone
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §436-A, sub-§7-A  is enacted to read:
 
7-A.  Height of a structure.     "Height of a structure" means the vertical distance between the mean original grade at the downhill side of the structure, prior to construction, and the highest point of the structure, excluding chimneys, steeples, antennas and similar appurtenances that have no floor area.
Sec. 2.  38 MRSA §439-A, sub-§9  is enacted to read:
 
9.  Cupolas.     For the purpose of determining the height of a structure, a municipal ordinance adopted pursuant to this article may exempt a cupola, dome, widow's walk or similar feature added to a legally existing conforming structure if:
 
A.  The legally existing conforming structure is not located in a Resource Protection District or a stream protection district as defined in guidelines adopted by the board; and
 
B.  The cupola, dome, widow's walk or other similar feature:
 
(1) Does not extend beyond the exterior walls of the existing structure;
 
(2) Has a floor area of 53 square feet or less; and
 
(3) Does not increase the height of the existing structure, as determined under section 436-A, subsection 7-A, by more than 7 feet.
 
For purposes of this subsection, "cupola, dome, widow's walk or other similar feature" means a nonhabitable building feature mounted on a building roof for observation purposes.
 
Effective 90 days following adjournment of the 125th Legislature, First Regular Session, unless otherwise indicated.