An Act to Amend the Laws Requiring Notification for Public Hearings Concerning Ordinance Changes
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act would enable municipal planning boards that meet bimonthly to give proper public notice of zoning ordinance hearings and to hold the hearing at their next regularly scheduled meeting; and
Whereas, if this change is effective immediately, it may allow some municipalities to hold public hearings and present zoning ordinance changes at their town meetings this spring; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4352, sub-§8, as amended by PL 1991, c. 504, §1, is further amended to read:
8. Conditional and contract rezoning. A zoning ordinance may include provisions for conditional or contract zoning. All rezoning under this subsection must:
A. Be consistent with the local growth management program adopted under this chapter;
B. Establish rezoned areas that are consistent with the existing and permitted uses within the original zones; and
C. Only include conditions and restrictions that relate to the physical development or operation of the property.
The municipal reviewing authority shall conduct a public hearing before any property is rezoned under this subsection. Notice of this hearing must be posted in the municipal office at least 14 13 days before the public hearing. Notice must also be published at least 2 times in a newspaper having general circulation in the municipality. The date of the first publication must be at least 7 days before the hearing. Notice must also be sent to the owner or owners of the property to be rezoned and to the owners of all property abutting the property to be rezoned at the owners' last known addresses. This notice must contain a copy of the proposed conditions and restrictions with a map indicating the property to be rezoned.
Sec. 2. 30-A MRSA §4352, sub-§9, as repealed and replaced by PL 1993, c. 374, §3, is amended to read:
9. Notice; general requirements. Before adopting a new zoning ordinance or map or amending an existing zoning ordinance or map, including ordinances or amendments adopted under the laws governing growth management contained in chapter 187, subchapter II or the laws governing shoreland zoning contained in Title 38, chapter 3, subchapter I, article 2-B, the municipal reviewing authority must post and publish notice of the public hearing required under subsection 1 in accordance with the following provisions.
A. The notice must be posted in the municipal office at least 14 13 days before the public hearing.
B. The notice must be published at least 2 times in a newspaper that complies with Title 1, section 601 and that has a general circulation in the municipality. The date of the first publication must be at least 14 12 days before the hearing and the date of the 2nd publication must be at least 7 days before the hearing. That notice must be written in plain English, understandable by the average citizen.
Sec. 3. 30-A MRSA §4352, sub-§10, ¶B, as enacted by PL 1993, c. 374, §4, is amended to read:
B. For each parcel within the municipality that is in or abutting the portion of the municipality affected by the proposed amendment, the notice must be mailed by first class mail at least 14 13 days before the public hearing to the last known address of the person to whom property tax on each parcel is assessed. The municipal officers shall prepare and file with the municipal clerk a written certificate indicating those persons to whom the notice was mailed and at what addresses, when it was mailed, by whom it was mailed and from what location it was mailed. This certificate constitutes prima facie evidence that notice was sent to those persons named in the certificate. Notice is not required under this paragraph for any type of zoning ordinance adopted under the laws governing growth management contained in chapter 187, subchapter II or the laws governing shoreland zoning contained in Title 38, chapter 3, subchapter I, article 2-B.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 28, 1997.
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