Agenda - Planning Commission - 04/01/2010

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Zoning Bulletin February 25, 2010 I Volume 4 I No. 4 several towns and cities have passed or intend to pass moratoriums on dispensaries —including: Auburn, Brewer, Ellsworth, and South Portland. Source: WBZ 38; http://wbztv.com MASSACHUSETTS Worcester City Council recently approved a zoning amendment that "expands provisions governing wind turbines." The amendment now allows by right small wind facilities (rotor diameter of 20 feet or less and no taller than 95 feet) in certain zoning districts and by special per- mit in other districts. Large wind turbines (rotor diameter greater than 20 feet and no higher than 265 feet) also require a special permit in all zoning districts. Source: Telegram & Gazette; www.telegram.com MISSOURI The Senate Judiciary Committee is reportedly `;considering SB 556, leg- islation that would strictly regulate sexually oriented businesses." The proposed legislation would restrict sexually oriented businesses from lo- cating within 1000 feet of: "a pre-existing school, a house of worship, a state -licensed daycare, public library, public park, residence, or other sexually oriented business"; and prohibit the operation of such busi- nesses between midnight and 6 am. The legislation would also bar any- one with a previous sex -related criminal record from having an inter- est in a sexually oriented business. Reportedly, opponents believe such regulation "should be the domain of local governments." Source: Missourinet; www.missourinet.com NEW JERSEY Senator Raymond Lesniak recently introduced Bill S-1, which would reportedly "make significant changes to the Fair Housing Act (FHA) and abolish the Council on Affordable Housing (COAH)." More spe- cifically, the bill would: "abolish COAH and assign any remaining ad- ministrative responsibilities to the State Planning Commission"; "elimi- nate the statewide calculation of need for unaffordable housing units"; "forgive prior round unmet need"; "permit local governments to take charge of planning for opportunities for affordable housing"; and "al- low for certain Regional Contribution Agreements (RCAs) that were extinguished by PL 2008, c. 46 to go forward." The legislation would reportedly "authorize a municipality to adopt an ordinance determin- ing that it has provided for an appropriate variety and choice of hous- ing and complied with the Fair Housing Act, if it meets criteria to be determined by the State Planning Commission." A municipality that fails to meet that criteria would have to "pass an inclusionary zoning ordinance that requires a 20% set -aside for low and moderate -income households and workforce housing." The bill is first being considered © 2010 Thomson Reuters 11 71