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August 10, 2018 ( Volume 12 I Issue 15 Zoning Bulletin <br />See also: MetroPCS, Inc. v. City and County of San Francisco, 400 E3d 715 <br />(9th Cir. 2005). <br />Case Nate: <br />In its decision, the Court fitrther noted that "although it is by no means required to do so, <br />a local zoning board is not prohibited from considering whether its decision in a particu- <br />lar case would amount to an effective prohibition on the provision of wireless services." <br />The court said that in choosing to address the effective -prohibition issue, a zoning board <br />thereby "retain[sl substantial control over where and how cell towers are built within its <br />borders." Still, if the zoning board chooses not to address that issue —as it may, the court <br />advised that "it runs the risk that an individual decision might be held to be an effective <br />prohibition, and it tnay be forced to issue a variance without further discussion of <br />alternatives." <br />Zoning News from Around the <br />Nation <br />MAINE <br />The state House and Senate have passed a "sweeping medical marijuana <br />reform bill." The bill was headed to Governor LePage. Among other things, the <br />bill would let medical marijuana caregivers "open retail stores, letting them <br />become mini dispensaries that can serve as many card-carrying patients as they <br />can from 30 flowering marijuana plants, but only in towns that have authorized <br />medical marijuana storefronts." A municipal opt -in amendment that was adopted <br />with the bill "essentially allows a town to shut out caregiver retail stores by do- <br />ing nothing," and also allows towns "to shut down existing stores that have <br />popped up without municipal authorization." <br />Source: The Times Record; www.timesrecord.com <br />NEW YORK <br />The state Senate recently quashed a bill —Senate Bill S6760-which would <br />have eliminated the cap on the residential floor area ratio. If the bill had passed, <br />it would have allowed for taller and denser residential building. <br />Source: Brownstoner; www.brownstonercom <br />OHIO <br />The state Senate Energy and Natural Resources Committee is considering a <br />bill —House Bill 114—that would reportedly "relax the state's strict wind turbine <br />setbacks rules but again weaken renewable and energy efficiency standards." <br />Under the bill property line setbacks for commercial wind turbines would be "at <br />least 1,225 feet to the nearest habitable structure on a property." <br />Source: Energy News Network; https://ener2vnews.us <br />12 ©2018 Thomson Reuters <br />