This chapter shall be known and be cited as the "Zoning Ordinance
of the Town of Shapleigh, Maine," and will be referred to herein as
"this chapter."
A.
The purpose of this chapter is to further the maintenance of the
safe and healthful conditions and the general welfare, prevent and
control water pollution, protect spawning grounds, fish, aquatic life,
bird and other wildlife habitat, control building sites, placement
of structures and land uses and conserve shore cover, visual as well
as actual points of access to inland and coastal waters and natural
beauty, and to encourage the preservation of farmland.
B.
This chapter does not grant any property rights; it does not authorize
any person to trespass, infringe upon or injure the property of another;
it does not excuse any person of necessity of complying with other
applicable laws and regulation.
A.
All buildings or structures hereinafter erected, reconstructed, altered,
enlarged or moved, all new building lots, and all uses of premises
in the Town of Shapleigh shall be in conformity with the provisions
of this chapter.
[Amended 3-17-2001 ATM by Art. 13]
B.
No building, structure, land or water area shall be used for any
purpose or in any manner except as permitted within the district in
which each building, structure, land or water area is located.
C.
Permits must be obtained from the Code Enforcement Officer prior
to commencing any activity controlled by this chapter and shall include
the erection of signs and the movement in or out of Town of manufactured
housing units.
D.
Where a principal building is in existence on the effective date of adoption or amendment of this chapter, no lot containing such structure shall be created which does not meet the dimensional requirements of this chapter, and which does not contain at least 80,000 square feet of land (excluding wetland within the Resource Protection District). See also the Table of Dimensional Requirements in § 105-18.
E.
Photographic record required. An application for a permit for development
within the Shoreland District must provide preconstruction photographs,
at the time of application, of the shoreline vegetation and development
site to the reviewing authority of the permit, and post-construction
photographs no later than 20 days after completion of the development.
If the reviewing authority is both the Planning Board and the Code
Enforcement Officer, both shall receive a copy of before-and-after
picture documentation.
[Added 3-11-2022 ATM by Art. 73]
F.
An application for a nonconforming structure, required to be reviewed
by the Planning Board, shall require a full survey be provided at
the time of application. Retaining walls shall be exempt from a full
survey.
[Added 3-11-2022 ATM by Art. 73]
A.
Purposes. It is the intent of this chapter to disfavor nonconformities
and to encourage their elimination. However, acknowledging their resilience
to traditional zoning techniques designed to secure their elimination,
it is also the intent of this chapter to treat them realistically
by allowing certain improvements. Therefore, nonconformities may continue
subject to the following conditions.
B.
NONCONFORMING LOTS OF RECORDS
NONCONFORMING STRUCTURE
NONCONFORMING USE
Definitions. As use in this chapter, the following terms shall have
the meanings indicated:
A single lot of record which, at the effective date of adoption
or amendment of this chapter, does not meet the frontage, width or
depth requirements of the district in which it is located.
A structure that does not meet any one or more of the following
dimensional requirements: setbacks, height, yard and lot coverage.
It is allowed solely because it was in lawful existence at the time
this chapter or subsequent amendments took effect.
Use of premises that is not permitted to locate in the district
in which it is situated, but which is allowed to remain solely because
it was in lawful existence at the time this chapter or subsequent
amendment took effect.
C.
Nonconforming uses.
(1)
Continuance. The use of land, building or structure, lawful at the
time of adoption or subsequent amendment of this chapter, may continue
although such use does not conform to the provisions of this chapter.
(2)
Resumption prohibited. A lot, building or structure in or on which
a nonconforming use is discontinued for a period exceeding one year,
or which is superseded by a conforming use, may not again be devoted
to a nonconforming use except that the Planning Board may, for good
cause shown by the applicant, grant up to a one-year extension to
that time period. This provision shall not apply to the resumption
of a use of a residential structure, provided that the structure has
been used or maintained for residential purposes during the preceding
five-year period.
[Amended 6-30-2009 STM]
(3)
Discontinuance. A nonconforming use which is discontinued for a period
of one year may not be resumed. The uses of the land, building or
structure shall thereafter conform to the provisions of this chapter.
(4)
Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Subsection D.
[Amended 6-30-2009 STM]
(5)
Expansion. A nonconforming use, including a nonconforming open use
of land, shall not be extended or expanded in area or function, unless
the following conditions are met:
(a)
A nonconforming use may not be extended within a building or
another structure to any portion of the floor area that was not occupied
by such use on the effective date of this chapter (or on the effective
date of a subsequent amendment hereto that causes such use to become
nonconforming); provided, however, that a nonconforming use may be
extended throughout any part of such building or structure that was
lawfully and manifestly designed or arranged for such use on such
effective date.
(b)
A nonconforming use may not be extended to any building or other
structure or land area other than the one(s) occupied by such use
on the effective date of this chapter (or on the effective date of
a subsequent amendment hereto that causes such use to become nonconforming),
except when the use of the building or structure is changed from a
nonconforming to a conforming use, or when a garage is added to a
single residential dwelling in a resource protection zone, provided
that all the dimensional requirements and filling requirements are
met.
(6)
Earth removal. In the case of earth removal operations, the removal
of earth may not be extended as a nonconforming use beyond the setback
lines required in this chapter of the specific lot or parcel of land
upon which such use has become nonconforming without securing a variance
from the Board of Appeals. Adjacent parcels in the same or different
ownership shall not be eligible for exemption under the nonconforming
use provisions unless earth removal operations have been in progress
prior to the enactment of these provisions.
D.
Nonconforming structures.
(1)
Expansions. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or wetland setback requirements contained in Section 105-18. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection D(1)(a) and (b) below.
[Amended 3-12-1988 ATM by Art. 64; 3-9-1991 ATM by Art. 53; 3-14-1992 ATM by Art. 20; 3-13-1999 ATM by Art. 65; 6-30-2009 STM; 3-12-2016 ATM,
Art. 3]
(a)
Expansion of any portion of a structure within 25 feet of the
normal high-water line of a water body, tributary stream, or upland
edge of a wetland is prohibited, even if the expansion will not increase
nonconformity with the water body, tributary stream, or wetland setback
requirement. Expansion of an accessory structure that is located closer
to the normal high-water line of a water body, tributary stream, or
upland edge of a wetland than the principal structure is prohibited,
even if the expansion will not increase nonconformity with the water
body, tributary stream, or wetland setback requirement.
(b)
Notwithstanding Subsection D(1)(a), above, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable municipal land use standards are met and the expansion is not prohibited in Subsection D(1):
[1]
The maximum total footprint for the principal structure may
not be expanded to a size greater than 800 square feet or 30% larger
than the footprint that existed on January 1, 1989, whichever is greater.
The maximum height of the principal structure may not be made greater
than 15 feet or the height of the existing structure, whichever is
greater.
(c)
All other legally existing, nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as other applicable municipal land use standards are met and the expansion is not prohibited by Subsection D(1) or (1)(a), above:
[1]
For structures located less than 75 feet from the normal high-water
line of a water body, tributary stream, or upland edge of a wetland,
the maximum combined total footprint for all structures may not be
expanded to a size greater than 1,000 square feet or 30% larger than
the footprint that existed on January 1, 1989, whichever is greater.
The maximum height of any structure may not be made greater than 20
feet or the height of the existing structure, whichever is greater.
[2]
For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Subsection D(1)(b)[1] or (c)[1], above.
[3]
In addition to the limitations in Subsection D(1)(c)[1] and [2], for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Subsection D(1)(b)[1] or (c)[1], above.
(d)
An approved plan for expansion of a nonconforming structure
must be recorded by the applicant with the registry of deeds, within
90 days of approval. The recorded plan must show the existing and
proposed footprint of the nonconforming structure, the existing and
proposed structure height, the footprint of any other structures on
the parcel, the shoreland zone boundary and evidence of approval by
the municipal review authority.
(e)
If proposed addition or expansion of a nonconforming structure
cannot meet the dimensional requirements of this chapter, a variance
shall be applied for in accordance with the procedures set forth in
this chapter.
(2)
Patios, steps, decks. The addition of an open patio with no structures elevated above the ground level shall constitute the expansion of a nonconforming structure. The addition of steps shall not constitute the expansion of a nonconforming structure. But the addition of a deck does constitute the expansion of a nonconforming structure and must be in compliance with Subsection D(1).
[Amended 3-14-1992 ATM by Art. 20; 3-13-1999 ATM by Art. 65]
(3)
Foundations.
[Amended 3-9-1991 ATM by Art. 53; 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
(a)
Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and the new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in Subsection D(7), Relocation, below.[1]
[1]
Editor's Note: Former Subsection D(3)(b), regarding what constitutes
expansion of a structure, and which immediately followed this subsection,
was repealed 3-12-2016 ATM by Art. 3.
(4)
Resumption. Discontinuance of the use of a legally existing nonconforming
structure shall not constitute abandonment of the structure. Conforming
use of the structure may be resumed at any time.
(5)
Removal, reconstruction or replacement.
[Amended 3-9-1985 ATM by Art. 7; 3-14-1992 ATM by Art. 20]
(a)
Any nonconforming structure which is removed or damaged or destroyed, regardless of the cause, by more than 50% of its Town-assessed value before such damage, destruction or removal, may be reconstructed or replaced, provided that a permit is obtained within one year of the date of said damage, destruction or removal and provided that such reconstruction or replacement must be in compliance with all water body, tributary stream or wetland setback requirements to the greatest practical extent as determined by the Planning Board in accordance with the purposes of this chapter. In no case shall the structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to Subsection D(1) above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total amount of footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replaced in accordance with Subsection D(7)(b) below.
[Amended 3-13-1999 ATM by Art. 65; 6-30-2009 STM; 3-12-2011 ATM by Art. 9; 3-12-2016 ATM, Art. 3]
(b)
Any nonconforming structure which is located less than the required
setback from a water body, tributary stream, or wetland and which
is removed by 50% or less of the Town-assessed value, or which is
decaying, damaged or destroyed by 50% or less of the Town-assessed
value of the structure, excluding normal maintenance and repair, may
be reconstructed in place if a permit is obtained from the Code Enforcement
Officer within one year of such decay, damage or destruction or removal.
[Amended 6-30-2009 STM]
(6)
Parking or loading space. A building or structure which is nonconforming
as to the requirements for off-street parking space shall not be enlarged
or altered to create additional dwelling units, or seats, as in the
case of commercial, industrial, business or institutional or recreational
buildings, or accommodations, unless off-street parking is provided
for such addition, enlargement or alteration of the original buildings
or structure, sufficient to satisfy the requirements of this chapter.
A building which is nonconforming as to the requirements for off-street
loading space shall not be enlarged or added to unless off-street
spaces are provided sufficient to satisfy the requirements of this
chapter for both the addition or enlargement and the original building
or structure.
(7)
Relocation.
[Added 3-14-1992 ATM by Art. 20]
(a)
A nonconforming structure may be relocated within the boundaries
of the parcel on which the structure is located, provided that the
site of relocation conforms to all setback requirements to the greatest
practical extent as determined by the Planning Board, and provided
that the applicant demonstrates that the present subsurface sewage
disposal system meets the requirements of state law and the State
of Maine Subsurface Wastewater Disposal Rules, or that a new system
can be installed in compliance with the law and said rules. In no
case shall a structure be relocated in a manner that causes the structure
to be more nonconforming.
(b)
In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with § 105-51.3. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
[Amended 6-30-2009 STM; 3-12-2016 ATM,
Art. 3]
[1]
Trees, woody vegetation and ground cover.
[a]
Trees removed in order to relocate a structure
must be replanted with at least one native tree, six feet in height,
measured from the base of the trunk to the top of the tree, for every
tree removed. If more than five trees are planted, no one species
of tree shall make up more than 50% of the number of trees planted.
Replaced trees must be planted no further from the water or wetland
than the trees that were removed. Trees shall be planted greater than
five feet from the side lots lines, and shall create a well-distributed
stand of trees. These replanted trees shall be flagged with fluorescent
tape no less than 18 inches in length which shall not be removed except
by the Code Enforcement Officer upon inspection.
[Amended 3-9-2013 ATM
by Art. 4; 3-10-2018 ATM by Art.
3; 3-9-2019 ATM by Art. 3]
[b]
Other woody and herbaceous vegetation, and ground
cover, that is removed or destroyed in order to relocate a structure
must be reestablished. An area at least the same size as the area
where vegetation and/or ground cover was disturbed, damaged, or removed
must be established within the setback area. The vegetation and/or
ground cover must consist of similar native vegetation and/or ground
cover that was disturbed, destroyed or removed.
[2]
Where feasible, when a structure is relocated on a parcel, the
original location of the structure shall be replanted with vegetation
which may consist of grasses, shrubs, trees, or a combination thereof.
(c)
All approved plans shall require confirmation in writing by
a licensed surveyor that the placement of the structure is correct
per the specifications approved by the Planning Board.
(8)
Change of use of a nonconforming structure.
[Added 6-30-2009 STM[2]]
(a)
The use of a nonconforming structure may not be changed to another
use unless the Planning Board, after receiving a written application,
determines that the new use will have no greater adverse impact on
the water body, tributary stream, or wetland, or on the subject or
adjacent properties and resources than the existing use.
(b)
In determining that no greater adverse impact will occur, the
Planning Board shall require written documentation from the applicant,
regarding the probable effects on public health and safety, erosion
and sedimentation, water quality, fish and wildlife habitat, vegetative
cover, visual and actual points of public access to waters, natural
beauty, floodplain management, archaeological and historic resources,
and functionally water-dependent uses.
[2]
Editor's Note: This amendment also replaced former Subsection
D(8), Disability access, added 3-14-1992 ATM by Art. 20, as amended.
(9)
Low retaining walls in the Shoreland District less than 24 inches
in height for erosion control. Retaining walls that are not necessary
for erosion control shall meet the structure setback requirement,
except for low retaining walls and associated fill, provided all of
the following conditions are met:
[Added 3-14-2020 ATM
by Art. 5]
(a)
The site has been previously altered and an effective vegetated
buffer does not exist;
(b)
The wall(s) is(are) at least 25 feet horizontal distance, from
the normal high-water line of a water body, tributary stream, or upland
edge of a wetland;
(c)
The site where the retaining wall will be constructed is legally
existing lawn or is a site eroding from lack of naturally occurring
vegetation, and which cannot be stabilized with vegetative plantings;
(d)
The total height of wall(s), in the aggregate, are no more than
24 inches;
(e)
Retaining walls are located outside of the 100-year floodplain
on rivers, streams, coastal wetlands, and tributary streams, as designated
on the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or
in the absence of these, by soil types identified as recent floodplain
soils.
(f)
The area behind the wall is revegetated with grass, shrubs,
trees, or a combination thereof, and no further structural development
will occur within the setback area, including patios and decks; and
(g)
A vegetated buffer area is established within 25 feet, horizontal
distance, of the normal high-water line of a water body, tributary
stream, or upland edge of a wetland when a natural buffer area does
not exist. The buffer area must meet the following characteristics:
[1]
The buffer must include shrubs and other woody and herbaceous
vegetation. Where natural ground cover is lacking, the area must be
supplemented with leaf or bark mulch;
[2]
Vegetation plantings must be in quantities sufficient to retard
erosion and provide for effective infiltration of stormwater runoff;
[3]
Only native species may be used to establish the buffer area;
[4]
A minimum buffer width of 15 feet, horizontal distance, is required,
measured perpendicularly to the normal high-water line or upland edge
of a wetland;
[5]
A footpath not to exceed the standards in § 105-51B(1)(a) may traverse the buffer.
(10)
New accessory structure in the Shoreland District.
[Added 3-14-2020 ATM
by Art. 5]
(a)
On a nonconforming lot of record on which only a residential
structure exists, and it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Code Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure shall not exceed 80
square feet in area nor eight feet in height, and shall be located
as far from the shoreline or tributary stream as practical and shall
meet all other applicable standards, including lot coverage and vegetation
clearing limitations. Additionally the following apply:
[1]
In no case shall the structure be located closer to the shoreline
or tributary stream than the principal structure.
[2]
In no case shall the structure be located within 10 feet of
a side lot line or 25 feet from the edge of the road or right-of-way.
[3]
At no time shall the structure be expanded.
[4]
The structure shall not be used for habitation.
E.
Nonconforming lots of record.
[Amended 3-10-1984 ATM by Art. 5]
(1)
Vacant lots. A nonconforming lot of record as of the effective date
of this chapter or amendment thereto may be built upon, provided that
such lot shall be in separate ownership and not contiguous with any
other lot in the same ownership, and that all the provisions of this
chapter, except lot area, lot width and shore frontage, can be met.
Variances relating to setback or other requirements not involving
lot area, lot width or shore frontage shall be obtained only by action
of the Board of Appeals.
[Amended 6-30-2009 STM]
(2)
Built lots. A nonconforming lot of record that was built upon prior to the enactment or subsequent amendment of this chapter is subject to the following restrictions. The structure(s) may be repaired, maintained or improved and may be enlarged, reconstructed or replaced in conformity with all the dimensional requirements of this chapter except lot area, lot width or lot frontage and in conformity with the requirements of Subsection D of this section. If the proposed enlargement of the structures cannot meet the dimensional requirements of this chapter, a variance shall be applied for in accordance with the procedures set forth in this chapter.
(3)
Contiguous built lots. If two or more contiguous lots or parcels
are in a single or joint ownership of record at the time of adoption
or amendment of this chapter, if all or part of the lots do not meet
the dimensional requirements of this chapter and if a principal use
exists on each lot, the nonconforming lots may be conveyed separately
or together, provided that the State Minimum Lot Size Law (12 M.R.S.A.
§§ 4807-A through 4807-D) and the State of Maine Subsurface
Wastewater Disposal Rules are complied with.
[Amended 6-30-2009 STM]
(4)
Contiguous vacant lots.
[Amended 6-30-2009 STM]
(a)
If two or more vacant, contiguous lots or parcels are in single or joint ownership of record at the time of adoption or amendment of this chapter and if these lots do not individually meet the dimensional requirements of this chapter or subsequent amendment, the lots shall be combined to the extent necessary to meet the dimensional standards, except in situations where the contiguous lots front on different streets, or except where rights have been vested as described in Subsection E(5) below.
(b)
This provision shall not apply to two or more contiguous lots,
at least one of which is nonconforming, owned by the same person or
persons on the effective date of this chapter and recorded in the
Registry of Deeds if the lot is served by a public sewer or can accommodate
a subsurface sewage disposal system in conformance with the State
of Maine Subsurface Wastewater Disposal Rules; and:
[1]
Each lot contains at least 100 feet of shore frontage and at
least 20,000 square feet of lot area; or
(5)
Vested rights. Nonconforming use rights cannot arise by the mere
filing of a notice of intent to build, an application for required
building permits or an application for the required state permits
and approvals. Such rights arise only when actual construction of
roads, utilities or buildings has begun. Such construction must be
legal at the time it is commenced and must be in possession of and
in compliance with all validly issued permits, both state and local.
F.
Transfer of ownership. Ownership of lots and structures which remain
lawful but become nonconforming by the adoption or amendment of this
chapter may be transferred, and the new owner may continue the nonconforming
use or continue to use the nonconforming structure or lot, subject
to the provisions of this chapter.
G.
Restoration or replacement. Nothing in this chapter shall prevent
any building or any part of a building or structure declared unsafe
by the Code Enforcement Officer from being strengthened or restored
to a safe condition. Similarly, conforming structures containing nonconforming
uses may be rebuilt or replaced if destroyed by fire, flood or other
casualty, provided that reconstruction or replacement is started within
12 months of the original destruction.
[Amended 3-9-1985 ATM by Art. 7; 3-14-1992 ATM by Art. 20]
H.
Maintenance. Nothing in this chapter precludes the normal upkeep
and maintenance of nonconforming uses and structures; repairs, renovations
or modernizations which do not involve expansion of the nonconforming
use or structure; and such other changes in a nonconforming use or
structure as federal, state or local building and safety codes may
require.
I.
Pending applications for building permits. Nothing in this chapter
shall require any change in plans, construction, size or designated
use for any building, structure or part thereof for which application
for a building permit has been made or a building permit has been
issued or upon which construction commenced prior to the adoption
or amendment of this chapter, provided that construction shall start
within 60 days after the issuance of such permit.
J.
Expiry
of permits. Permits issued under this chapter shall expire after 90
days, unless a building permit is issued. This time period may be
extended by the Code Enforcement Officer if issuance of a building
permit is delayed due to a technical problem.
[Added 3-10-2012 ATM by Art. 3]
Should any section or provision of this chapter be declared
by the courts to be invalid, such decision shall not invalidate any
other section or provision of this chapter.
[Amended 6-30-2009 STM]
Whenever a provision of this chapter conflicts with or is inconsistent
with another provision of the chapter or of any other ordinance, regulation
or statute administered by the municipality, the more restrictive
provision shall control.
[Amended 3-13-1999 ATM by Art. 65]
A.
This chapter may be amended by a majority vote of the governing body,
regardless of whether or not the proposed amendment is recommended
by the Planning Board.
B.
The Planning Board shall hold a public hearing at least 30 days prior
to the meeting of the governing body. Notice of public hearing shall
be posted and be published in accordance with the following provisions:
(1)
The notice must be posted in the municipal office and the usual Town
Warrant posting locations at least 13 days before the public hearing.
(2)
The notice must be published at least two times in a newspaper of
general circulation in the municipality. The date of the first publication
must be at least 13 days before the hearing, and the date of the second
publication must be at least seven days before the hearing. The notice
must be written in plain English, understandable by the average citizen.
(3)
Notice must be given in accordance with the following when an amendment
has been proposed that, within a geographically specific portion of
the municipality, has the effect of either prohibiting all industrial,
commercial or retail uses where any of these uses is permitted or
permitting any industrial, commercial or retail uses where any of
these uses is prohibited.
(a)
The notice must contain a copy of a map indicating the portion
of the municipality affected by the proposed amendment.
(b)
For each parcel within the municipality that is in or abutting
the area affected by the proposed amendment, the notice must be mailed
by first-class mail at least 13 days before the public hearing to
the last known address of the person to whom 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. Notice is not required
under this subsection for the adoption of a new zoning ordinance adopted
to implement a comprehensive plan or for amendments required by the
shoreland zoning laws contained in Title 38 M.R.S.A. § 435
et seq.
C.
Copies of amendments to shoreland zoning provision of this chapter,
attested and signed by the Municipal Clerk, shall be submitted to
the Commissioner of the Department of Environmental Protection following
adoption by the municipal legislative body and shall not be effective
unless approved by the Commissioner. If the Commissioner fails to
act on any amendment within 45 days of his/her receipt of the amendment,
the amendment is automatically approved. Any application for a permit
submitted to the municipality within the forty-five-day period shall
be governed by the terms of the amendment, if such amendment is approved
by the Commissioner.
No proposed change in this chapter which has been unfavorably
acted upon by the governing body shall be considered on its merits
by the governing body within two years after the date of such unfavorable
action unless adoption of the proposed change is recommended by unanimous
vote of the Planning Board.
[Amended 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
A.
Effective date of chapter and chapter amendments. The effective date of this chapter is March 12, 1983. Except as provided in § 105-7C, amendments shall be effective upon adoption.
B.
Repeal of municipal timber harvesting regulation. The municipal regulation
of timber harvesting activities is repealed on the statutory date
established under 38 M.R.S.A. § 438-B(5), at which time
the State of Maine Department of Conservation's Bureau of Forestry
shall administer timber harvesting standards in the shoreland zone.
On the date established under 38 M.R.S.A. § 438-B(5), the
following provisions of this chapter are repealed:[1]
[1]
Editor’s Note: Said provisions were repealed and removed,
at the direction of the Town, upon the statutorily established date
of 1-1-2013.