[Amended 1-19-1993 by Ord. No. 707; 3-1-1993 by Ord. No. 41; 5-16-1994 by Ord. No. 494; 3-20-1995 by Ord. No. 40]
A.
Enforcement. It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter.
(1)
If the Code Enforcement Officer shall find that any provision
of this chapter is being violated, he or she shall notify in writing
the person responsible for such violation, indicating the nature of
the violation and ordering the action necessary to correct it, including
discontinuance of illegal use of land, buildings, structures, or work
being done, removal of illegal buildings or structures, and abatement
of nuisance conditions. A copy of such notices shall be submitted
to the municipal officers and be maintained as a permanent record.
(2)
The Code Enforcement Officer shall conduct on-site inspections
to ensure compliance with all applicable laws and conditions attached
to permit approvals. The Code Enforcement Officer shall also investigate
all complaints of alleged violations of this chapter.
(3)
Before issuing a certificate of occupancy, the Code Enforcement
Officer may require the applicant to submit a performance bond running
to the City or certified check payable to the City, in an amount and
form acceptable to the Director of Finance, with the advice and consent
of the Code Enforcement Officer and the Corporation Counsel. The performance
bond or certified check must equal at least the total cost of furnishing,
installing and completing all permit approval items as required by
the Code Enforcement Officer at the time of issuing the certificate
of occupancy. The surety shall not expire without written approval
of the Director of Finance.
(4)
The Code Enforcement Officer shall keep a complete record of
all essential transactions of the office, including applications submitted,
permits granted or denied, variances granted or denied, revocation
actions, revocation of permits, appeals, court actions, violations
investigated, violations found, and fees collected.
(5)
On an annual basis, a summary of the records listed in Subsection A(3) of this section affecting shoreland areas shall be submitted to the Director of the Bureau of Land Quality Control within the Department of Environmental Protection.
(6)
With respect to flood damage prevention requirements and in
addition to any other actions, the Code Enforcement Officer, upon
determination that a violation exists, shall submit a declaration
to the Administrator of the Federal Insurance Administration requesting
a denial of flood insurance. The valid declaration shall consist of:
(a)
The name of the property owner and address or legal description
of the property sufficient to confirm its identity or location;
(b)
A clear and unequivocal declaration that the property is in
violation of a cited state or local law, regulation, or ordinance;
(c)
A clear statement that the public body making the declaration
has authority to do so and a citation to that authority;
(d)
Evidence that the property owner has been provided notice of
the violation and the prospective denial of insurance; and
(7)
Subdivisions. The Director of Code Enforcement or his designee
may issue a cease work order on any subdivision or major development
in which the subdivider, developer or his contractor is violating
the terms of the subdivision approval. Such order may be issued only
after counsel with the City Engineer. The cease work order shall apply
until violations are sufficiently corrected. Work done after issuance
of a cease work order shall be considered a violation of this chapter
and subject to the fines of this chapter.
B.
Legal actions. When the above action does not result in the correction
or abatement of the violation or nuisance condition, the municipal
officers, upon notice from the Code Enforcement Officer, are hereby
directed to institute any and all actions and proceedings, either
legal or equitable, including seeking injunctions of violations and
the imposition of fines, that may be appropriate or necessary to enforce
the provisions of this chapter in the name of the municipality. The
municipal officers, or their authorized agent, are hereby authorized
to enter into administrative consent agreements for the purpose of
eliminating violations of this chapter and recovering fines without
court action. Such agreements shall not allow an illegal structure
or use to continue unless there is clear and convincing evidence that
the illegal structure or use was constructed or conducted as a direct
result of erroneous advice given by the authorized municipal official
and there is no evidence that the owner acted in bad faith, or unless
the removal of the structure or use will result in a threat or hazard
to public health and safety or will result in substantial environmental
damage. Actions or failure to act by the municipal officers pursuant
to this section are not appealable to the Board of Appeals.
C.
Penalty.
(1)
Any person, firm, or corporation, including a landowner's agent
or a contractor, who orders or conducts any activity in violation
of any of the provisions of this chapter or who fails to comply with
any of its requirements, including violations of conditions and safeguards
established in connection with grants of variances or conditional
uses, shall, upon conviction thereof, be penalized in accordance with
30-A M.R.S.A. § 4452. As of the effective date of this chapter,
such penalties include fines of not less than $100 nor more than $2,500
per violation. Each day such violation continues shall constitute
a separate offense. However, in a Resource Protection District, the
maximum penalty is increased to $5,000 (38 M.R.S.A. § 4452).
[Amended 4-20-2017 by Ord. No. 17-067]
(2)
The owner or tenant of any building, structure, premises, or
part thereof, and any architect, builder, contractor, or agent, or
other person who commits, participates in, or maintains such violation,
may each be found guilty of a separate offense and suffer the penalties
herein provided.
(3)
With respect to flood damage prevention regulations, the penalties
contained in 30-A M.R.S.A. § 4452 shall apply to any violation
of this chapter.
(4)
With respect to the subdivision regulations, any person who
conveys or offers or agrees to convey any land by reference to a subdivision
plan which has not been approved as required by this chapter and recorded
by the proper Register of Deeds, shall be subject to by a civil penalty
of not more than $1,000 for each lot conveyed or offered or agreed
to be conveyed, except that nothing herein contained shall be deemed
to bar any legal or equitable action to restrain or enjoin any act
in violation of these regulations.
D.
Permit required; general. The Code Enforcement Officer shall review and approve, approve with condition or deny applications for permits in accordance with this chapter. The Code Enforcement Officer shall inform applicants as to the need for a conditional use permit by the Planning Board as outlined in § 300-603A. In accordance with § 300-606B, the Board of Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer or Planning Board.
(1)
Building permit plans required.
(a)
Where specifically permitted "by right," no building permit
is needed.
(b)
No structure and/or parking lot shall be erected, enlarged,
moved or improved without a permit from the Code Enforcement Officer.
No permit shall be issued except in conformity with the provisions
of this chapter. An administrative fee of $5 will be charged for each
permit application, in addition to building permit fees.
(c)
No earth filling resulting in a net increase of 25 cubic yards
of material or more in any one year shall be done without a permit
from the Code Enforcement Officer. A one-time administration fee of
$5 will be charged for each permit application.
(d)
The Code Enforcement Officer may institute a permit by rule
process for accessory buildings.
(2)
Special fees. The City Council shall set fees for conditional
uses, appeals and variances, appeals from Planning Board decisions,
rezonings, subdivisions, flood hazard development permits and major
developments, which fees shall be adjusted from time to time. Said
fee schedule shall be filed with the City Clerk.
(a)
Said fees will be collected at the time the applicant files,
and the fees are nonrefundable.
(b)
An additional fee may be charged if the Code Enforcement Officer,
City Planner, City Engineer, Board of Appeals and/or Planning Board
needs the assistance of a professional engineer or other expert. The
expert's fee shall be paid in full by the applicant within 10 days
after the town submits a bill to the applicant. Failure to pay the
bill shall constitute a violation of this chapter and be grounds for
the issuance of a stop-work order. An expert shall not be hired by
the municipality at the expense of an applicant until the applicant
has either consented to such hiring in writing or been given an opportunity
to be heard on the subject. An applicant who is dissatisfied with
a decision to hire expert assistance may appeal that decision to the
Board of Appeals.
(3)
Application for permit; plans required:
(a)
Site plan required. All applications for permits shall be accompanied
by a site plan of suitable scale showing:
[1]
The actual shape, size, and location of the lot to be built
upon and the names of the landowner of record as well as the names
of the abutting property owners;
[2]
A survey prepared by a Maine registered land surveyor and tied
to the Maine Coordinate System (as outlined in § 3.2.6 of
the City of Augusta Technical Standards Handbook) shall be required
by the Code Enforcement Officer for all nonresidential uses with a
proposed floor area in excess of 10,000 square feet;
[3]
The size (specific dimensions), the shape, height, and location
(with setbacks noted) of any buildings to be erected, altered, or
removed from the lot;
[4]
The location of street entrances to, exits from and driveways
on the premises;
[5]
The location, size, and site design, construction, and traffic
service arrangement of existing or proposed off-street parking and
loading areas;
[6]
Abutting rights-of-way and right-of-way widths;
[7]
Show how applicable performance standards will be met;
[8]
The proposed location, size (design, lighting, and display characteristics)
of all signs;
[9]
The location of existing and/or proposed sewage disposal facilities;
[10]
The location of existing and/or proposed water
supply facilities; and
[11]
Any areas to be cut and filled.
(b)
The application shall include any other information is a complete
application or, if the application is incomplete, the specific additional
material needed to make a complete application. The issuance or refusal
of a permit shall be made within 10 working days of the submission
of a complete application to the Code Enforcement Officer. In shoreland
areas, no permit shall be issued for any structure or use involving
the construction, installation or alteration of plumbing facilities
unless a permit for such facilities has first been secured by the
applicant from the licensed plumbing inspector, according to the requirements
of this chapter and state law.
(c)
All applications shall be dated, and the Code Enforcement Officer
or Planning Board, as appropriate, shall note upon each application
the date and time of its receipt.
(d)
If the property is not served by a public sewer, a valid plumbing
permit or a completed application for a plumbing permit, including
the site evaluation approved by the licensed plumbing inspector, shall
be submitted whenever the nature of the proposed structure would require
the installation of a subsurface sewage disposal system.
(e)
Right, title or interest. The Planning Board shall consider
an application only when an applicant has demonstrated sufficient
right, title or interest in all of the property which is proposed
for development or use. An applicant shall demonstrate in writing
sufficient right, title or interest, as follows:
[1]
When the applicant claims ownership of the property, a copy
of the deed(s) to the property shall be submitted.
[2]
When the applicant has an option, purchase-sale agreement or
other contractual agreement for the acquisition of the property, a
copy of such agreement(s) shall be submitted. Such agreements shall
contain terms to establish future title.
[3]
When the applicant has a lease on the property, a copy of the
lease shall be submitted. The lease shall be of sufficient duration
to permit construction and reasonable use of the development.
(4)
If no substantial progress of construction has been made within
six months of the date of the permit, the permit shall become invalid.
E.
Permit required, flood hazard areas. The following additional application
information is required:
(1)
The elevation in relation to mean sea level, or to a locally
established datum in Zone A only, of the:
(a)
Base flood at the proposed site of all new or substantially
improved structures, which is determined:
[1]
In Zones A1-30, AE, AO, and AH, from data contained in the "Flood Insurance Study — City of Augusta, Maine," as described in § 300-508A; or
[2]
In Zone A, to be the elevation of the ground at the intersection
of the floodplain boundary and a line perpendicular to the shoreline
which passes along the ground through the site of the proposed building;
(b)
Highest and lowest grades at the site adjacent to the walls
of the proposed building;
(c)
Lowest floor, including basement, and whether or not such structures
contain a basement; and
(d)
Levels, in the case of nonresidential structures only, to which
the structure will be floodproofed;
(2)
A description of a base flood elevation reference point established
on the site of all new or substantially improved structures;
(3)
A written certification by a registered State of Maine surveyor
that the elevations shown on the application are accurate;
(4)
Certification by a registered State of Maine professional engineer or architect that floodproofing methods for any nonresidential structures will meet the floodproofing criteria of Subsection E(1)(d) of this section, § 300-508E(6) and other applicable standards in § 300-508E;
(5)
A description of the extent to which any watercourse will be
altered or relocated as a result of the proposed development; and
F.
Installation of public utility service, Shoreland Zones only. No
public utility, water district, sanitary district or any utility company
of any kind may install services to any new structure located in any
Shoreland Zone unless written authorization attesting to the validity
and currency of all local permits required under this chapter or any
previous ordinance has been issued by the appropriate municipal officials.
Following installation of service, the company or district shall forward
the written authorization to the municipal officials, indicating that
installation has been completed.
A.
The City staff shall promulgate a Technical Standards Handbook, which
may be revised from time to time, regarding the specific design criteria,
including but not limited to streets, driveways, water, sewer, other
utilities, parks, and drainage, erosion and sedimentation control.
All standards defined and outlined in this handbook and approved by
the Planning Board shall be considered official standards of development
for land use in the City of Augusta.
B.
Before approval or revision of the technical standards, the Planning
Board shall hold a public hearing on said proposed standards. Public
notice will be posted at least seven days before said hearing.
[Amended 1-21-1992 by Ord. No. 303]
A.
General. The Planning Board is hereby authorized to hear and decide, in accordance with Chapter 14, Article II, of the Code of the City of Augusta, as amended, upon applications for conditional uses. The Planning Board shall hear and approve, approve with modifications or conditions (see Subsection F of this section), or disapprove all applications for conditional uses. No conditional use permit shall be authorized unless specific provision for such conditional use is made in this chapter. A person informed by the Code Enforcement Officer that he requires a conditional use permit shall file an application for the permit with the Planning Board.
B.
Exemption.
[Amended 5-7-2020 by Ord. No. 20-041]
(1)
(One time only). Expansion/enlargement of an existing listed conditional use not exceeding 500 square feet may be processed without Planning Board review if no written requests for a public hearing are filed with the City Planner within seven working days after the official notification by the City of property owners meeting the notification standards listed in § 300-603C(1). If a request for public hearing is received by the City Planner within the seven-working-day period, the project will be processed as a conditional use as outlined in this section.
(2)
Expansion/enlargement
of an existing conditional use for required egress structures such
as stairs, ramps and landings (whether enclosed or open air, not exceeding
minimum dimensions) require approval by the Bureau of Code Enforcement,
may require review by the Augusta Historic District Review Board,
and are exempt from Planning Board review.
C.
Public hearing.
(1)
Following the filing of an application, and before taking action
on any application, the Planning Board shall hold a public hearing
on the application within 30 days. The Planning Board shall provide
notice of a public hearing on the application, in the form and manner
and to the persons specified herein.
(a)
The notice shall include the time and place of such hearing,
which shall be within 30 days of such application, the nature of the
matter to be heard, the address or location of the property involved.
Where notice by mail is required, it shall be mailed at least 10 days
in advance of the hearing date by regular United States mail.
(b)
Notices shall be given to each of the following:
[1]
To the applicant, City Council, Planning Board and Board of
Zoning Appeals.
[2]
To all residents of the City, by publication in a newspaper
of general circulation in the City at least 10 days before the hearing,
and by posting a sign on the portion of the property involved that
is nearest the public road.
[3]
To the owners of the properties, by regular United States mail,
within 500 feet of the parcel involved if the parcel is located in
the Urban Growth Area Districts or within 1,000 feet of the parcel
involved if the parcel is located in the Planned Development and/or
Rural Districts. Major Development, Major Subdivision, New Mineral
Extraction License, Expansions of Renewal Mineral Extraction Licenses
and shooting ranges will have a 2,000 foot notification in the Planned
Development and/or Rural Districts.
[Amended 2-21-2019 by Ord. No. 19-025]
[4]
For the purposes of this section, the owners of property shall
be considered to be the parties listed by the Assessor's office of
the City of Augusta as those against whom taxes are assessed. Failure
of any property owner to receive a notice of public hearing shall
not necessitate another hearing and shall not invalidate any action
by the Planning Board.
(2)
The applicant's case shall be heard first. The applicant shall
be allowed to directly cross-examine witnesses. To maintain order
by procedure, each side shall proceed without interruption. Questions
may be asked through the Chair. All persons at the hearing shall abide
by the order of the Chair.
D.
Conditional use decision. Within 30 days of the public hearing, the
Planning Board shall approve, deny, or approve with conditions all
applications for a conditional use permit if it makes a positive finding
based on each of the following applicable criteria. The applicant
shall have the burden of proving that his/her application is in compliance
with the requirements of this chapter.
E.
Site plan review criteria applicable to conditional uses. Residential projects within the Shoreland Overlay Districts only require review per § 300-603E(5)(e), as outlined in the Shoreland Zoning Application. Photographic documentation of projects within Shoreland Overlay Districts require photographic documentation of shoreline vegetation and the development site prior to construction and no later than 20 days after completion of the development.
[Amended 4-20-2017 by Ord. No. 17-070; 2-21-2019 by Ord. No. 19-025; 12-3-2020 by Ord. No. 20-282]
(1)
Neighborhood compatibility. [The intent of this subsection is
to encourage the applicant to design the proposal in consideration
of the physical impact it will have on the immediate neighborhood
(within 500 feet if the property is in the Urban Growth Area Districts
and within 1,000 feet if the property is in the Planned Development
and/or Rural Districts. Major Development, Major Subdivision, New
Mineral Extraction License, Expansions of Renewal Mineral Extraction
Licenses, and shooting ranges will have a 2,000 foot standard in the
Planned Development and/or Rural Districts).]
(a)
Is the proposal compatible with and sensitive to the character
of the site and neighborhood relative to:
(b)
Are the elements of the site plan (e.g., buildings, circulation,
open space and landscaping) designed and arranged to maximize the
opportunity for privacy by the residents of the immediate area?
(c)
Will the proposal maintain safe and healthful conditions within
the neighborhood? This criterion shall not be limited to the standards
affecting safety and health as outlined in this chapter. Additional
regulations may be found in the City of Augusta Code, as amended.
(d)
Will the proposal have a significant detrimental effect on the
value of adjacent properties (which could be avoided by reasonable
modifications of the plan)? In determining whether this criterion
has been met, the Planning Board may require the applicant to submit
an appraisal prepared by a State of Maine certified appraiser.
(e)
Will the proposal cause exterior queuing of vehicles or loitering
of pedestrians which would have a negative impact on the surrounding
neighborhood?
(3)
Traffic pattern, flow and volume.
(a)
Is the proposal designed so that the additional traffic generated
does not have a significant negative impact on surrounding neighborhood?
(b)
Will safe access be assured by providing proper sight distance
and minimum width curb cuts for safe entering and exiting? See City
of Augusta Technical Standards Handbook.
(c)
Does the proposal provide access for emergency vehicles and
for persons attempting to render emergency services?
(d)
Does the entrance and parking system provide for the smooth
and convenient movement of vehicles both on and off the site? Does
the proposal satisfy the parking capacity requirements of the City
and provide adequate space suited to the loading and unloading of
persons, materials and goods?
(4)
Public and private facilities. Is the proposal served by utilities
with adequate capacity or have arrangements been made for extension
and augmentation of the following services:
[Amended 6-2-2022 by Ord. No. 22-088]
(5)
Resource protection and environment.
(a)
If the proposal contains known sensitive areas such as erodible
or shallow soils, wetlands, aquifers, aquifer recharge areas, floodplain
or steep slopes (over 15%), what special engineering precautions will
be taken to overcome these limitations?
(b)
Does the proposal conform to applicable local, state DEP and
federal EPA air quality standards, including but not limited to odor,
dust, fumes or gases which are noxious, toxic or corrosive, suspended
solid or liquid particles, or any air contaminant which may obscure
an observer's vision?
(c)
Does the proposal conform to applicable local, state DEP and
federal EPA water quality standards, including but not limited to
erosion and sedimentation, runoff control, and solid wastes and hazardous
substances?
(d)
Will all sewage and industrial wastes be treated and disposed
of in such a manner as to comply with applicable federal, state and
local standards?
(e)
Shoreland Overlay Districts. Will the proposal:
[1]
Maintain safe and healthful conditions;
[2]
Not result in water pollution, erosion, or sedimentation to
surface waters;
[3]
Adequately provide for the disposal of all wastewater;
[4]
Not have an adverse impact on spawning grounds, fish, aquatic
life, bird or other wildlife habitat;
[5]
Conserve shore cover and visual as well as actual points of
access to inland and coastal waters;
[6]
Protect archeological and historic resources as designated in
the 2007 Comprehensive Plan;
[7]
Avoid problems associated with floodplain development and use;
and
(6)
Performance standards.
(a)
Does the proposal comply with all applicable performance and
dimensional standards as outlined in this chapter?
(b)
Can the proposed land use be conducted so that noise generated shall not exceed the performance levels specified in Part 5, Performance Standards, of this chapter? Detailed plans for the elimination of objectionable noises may be required before the issuance of a building permit.
(c)
If the proposal involves intense glare or heat, whether direct
or reflected, is the operation conducted within an enclosed building
or with other effective screening in such a manner as to make such
glare or heat completely imperceptible from any point along the property
line? Detailed plans for the elimination of intense glare or heat
may be required before issuance of a building permit. Temporary construction
is excluded from this criterion.
(d)
Is the exterior lighting, except for overhead streetlighting
and emergency warning or traffic signals, installed in such a manner
that the light source will be sufficiently obscured to prevent excessive
glare on public streets and walkways or into any residential area?
(e)
Does the landscaping screen the parking areas, loading areas,
trash containers, outside storage areas, blank walls or fences and
other areas of low visual interest from roadways, residences, public
open space (parks) and public view?
(f)
Are all the signs in the proposal in compliance with provisions
of this chapter?
(8)
It
is incumbent upon the Planning Board to approve the application unless
it makes one or more negative written findings with respect to the
above applicable criteria. All decisions of the Planning Board shall
be accompanied by a written statement that sets forth the precise
reasons why the findings were made. Once a decision is made, the Planning
Board shall inform, in writing, the applicant and the Code Enforcement
Officer of its decision and its reasons therefor. Upon notification
of the decision of the Planning Board, the Code Enforcement Officer,
as instructed, shall immediately issue, issue with conditions prescribed
by the Planning Board, or deny a conditional use permit.
F.
Conditions attached to conditional uses. Upon consideration of the
criteria listed above, the Planning Board may attach such conditions,
in addition to those required elsewhere in this chapter, that it finds
necessary to further the purposes of this chapter. Violation of any
of these conditions shall be a violation of this chapter. Such conditions
may include, but are not limited to, specifications for type of vegetation;
increased setbacks and yards; specified sewage disposal and water
supply facilities; landscaping and planting screens; period of operation;
operational controls (including noise and odor control); professional
inspection and maintenance; sureties; deed restrictions; restrictive
covenants; locations of facilities; type of construction; or any other
conditions necessary to fulfill the purposes of this chapter.
G.
Effective date of approval. All projects approved by the Planning
Board in accordance with this section shall be commenced within two
years of the date of the Planning Board decision and shall be substantially
completed within five years of the date of the Planning Board decision
unless a permit extension has been granted by the Board.
[Added 12-3-2001 by Ord.
Nos. 141-A, 141-B, 141-C; amended 12-3-2020 by Ord. No. 20-282]
A.
General.
(1)
The Planning Board is hereby authorized to hear and decide, in accordance with Chapter 14, Article II, of the Code of the City of Augusta, as amended, upon applications for special exception uses. The Planning Board shall hear and approve, approve with modifications or conditions (see Subsection D of this section), or disapprove all applications for special exception uses. Special exception uses are either single family residential structures in a Resource Protection District or commercial land uses and developments that could support or enhance the purposes of a predominantly residential zoning district with adherence to reasonably high design standards.
(2)
A 2/3 majority of the minimum meeting quorum of the Planning
Board shall be required to approve a special exception use permit.
No special exception use permit shall be authorized unless specific
provision for such special exception use is made in this chapter.
A person informed by the Code Enforcement Officer that he requires
a special exception use permit shall file an application for the permit
with the Planning Board.
B.
Public hearing. Following the filing of a complete application for
a special exception use review, and before taking action on the application,
the Planning Board shall hold a public hearing on the proposed project
at its next monthly meeting, providing the application is determined
to be complete by the City Planner at a date not later than the application
deadline for said meeting. The Planning Board shall provide notice
of a public hearing on the application, in the form and manner and
to the persons specified within the Conditional Uses Section 300-603.C.
C.
Site plan review criteria applicable to special exception uses.
(1)
Single family residential structures in the Resource Protection
District. The applicant must demonstrate that all of the following
conditions are met:
(a)
There is no location on the property, other than a location
within the Resource Protection District, where the structure can be
built.
(b)
The lot on which the structure is proposed is undeveloped and
was established and recorded in the registry of deeds of the county
in which the lot is located before the adoption of the Resource Protection
District.
(c)
All proposed buildings, sewage disposal systems and other improvements
are:
[1]
Located on natural ground slopes of less than 20%; and
[2]
Located outside the floodway of the 100-year flood-plain along
rivers and artificially formed great ponds along rivers and outside
the velocity zone in areas subject to tides, based on detailed flood
insurance studies and as delineated on the Federal Emergency Management
Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate
Maps; all buildings, including basements, are elevated at least one
foot above the 100-year flood-plain elevation; and the development
is otherwise in compliance with any applicable municipal flood-plain
ordinance. If the floodway is not shown on the Federal Emergency Management
Agency Maps, it is deemed to be 1/2 the width of the 100-year flood-plain.
(d)
The total footprint, including cantilevered or similar overhanging
extensions, of all principal and accessory structures is limited to
a maximum of 1,500 square feet. This limitation shall not be altered
by variance.
(e)
All structures, except functionally water-dependent structures,
are set back from the normal high-water line of a water body, tributary
stream or upland edge of a wetland to the greatest practical extent,
but not less than 75 feet, horizontal distance. In determining the
greatest practical extent, the Planning Board shall consider the depth
of the lot, the slope of the land, the potential for soil erosion,
the type and amount of vegetation to be removed, the proposed building
site's elevation in regard to the flood-plain, and its proximity to
moderate-value and high-value wetlands.
(f)
Site plan review criteria applicable to conditional uses in
Shoreland Overlay Districts (§ 300-603.E(5)(e) are met.
D.
Conditions attached to special exception uses. Upon consideration
of the criteria listed above, the Planning Board may attach such conditions,
in addition to those required elsewhere in this chapter, that it finds
necessary to further the purposes of this chapter. Violation of any
of these conditions shall be a violation of this chapter. Such conditions
may include, but are not limited to, specifications for type of vegetation;
increased setbacks and yards; specified sewage disposal and water
supply facilities; landscaping and planting screens; period of operation;
operational controls (including noise and odor control); professional
inspection and maintenance; sureties; deed restrictions; restrictive
covenants; locations of facilities; type of construction; or any other
conditions necessary to fulfill the purposes of this chapter.
E.
Special exception use decision.
(1)
A finding by a minimum of 2/3 majority of the minimum meeting quorum of the Planning Board that the project satisfactorily meets all the applicable review criteria identified in Subsection C above shall be required to approve the application. All decisions of the Planning Board shall be accompanied by a written statement that sets forth the precise reasons why the findings were made. Once a decision is made, the Planning Board shall inform, in writing, the applicant and the Code Enforcement Officer of its decision and its reasons therefor. Upon notification of the decision of the Planning Board, the Code Enforcement Officer, as instructed, shall immediately issue, issue with conditions prescribed by the Planning Board, or deny a special exception use permit.
(2)
Within 30 days of the public hearing, the Planning Board shall
approve, deny, or approve with conditions all applications for a special
exception use permit if it makes a positive finding based on each
of the following applicable criteria. The applicant shall have the
burden of proving that his/her application is in compliance with the
requirements of this chapter.
F.
Effective date of approval. Projects approved by the Planning Board
in accordance with this section, with the exception of shoreland overlay
district permits, shall be commenced within two years of the date
of the Planning Board decision and shall be substantially completed
within five years of the date of the Planning Board decision unless
a permit extension has been granted by the Board. Shoreland overlay
district permits shall expire one year from the date of issuance if
a substantial start is not made in construction or in the use of the
property during that period. If a substantial start is made within
one year of the issuance of the permit, the applicant shall have one
additional year to complete the project, at which time the permit
shall expire.
[Added 12-3-2001 by Ord.
Nos. 141-A, 141-B, 141-C]
A.
Purpose. The purpose of this section is to provide design standards
for reviewing commercial development within certain residential and
mixed-use zoning districts within Augusta. The following rural residential
zoning districts require design review for special exception uses:
Rural River 2 District (RR2) and the Rural Residential District (RRES).
Design review is also required for specified land uses within the
Riggs Brook Village (RBV) District. These standards ensure that the
public health, safety, and general welfare are protected and the general
interest of the public is served. The standards provide for originality,
flexibility and innovation in commercial development, including quality
architectural design and outdoor signage that will enhance Augusta
as a unique place to live and conduct business.
B.
Design standards.
(1)
Exterior building design. Buildings with exterior walls greater
than 50 feet in horizontal length shall be constructed using a combination
of architectural features and a variety of building materials and
landscaping near the walls. Walls which can be viewed from public
streets shall be designed using architectural features and landscaping
(abutting the building) for at least 50% of the wall length. Other
walls shall incorporate architectural features and landscaping for
at least 30% of the wall length.
(2)
Architectural features. Architectural features include but are
not limited to the following: recesses, projections, wall insets,
arcades, window display areas, awnings, balconies, window projections,
landscape structures or other features that complement the design
intent of the structure and are acceptable to the review authority.
A portion of the on-site landscaping shall abut the walls so that
the vegetation combined with the architectural features significantly
reduce the visual impact of the building mass as viewed from the street.
(3)
Building materials. The predominant building materials shall
be materials that are characteristic of Central Maine such as brick,
wood, native stone and tinted/textured concrete masonry units and/or
glass products. Other materials such as smooth-faced concrete block,
undecorated tilt-up concrete panels, or prefabricated steel panels
should only be used as accents and not dominate the building exterior
of the structure. Metal roofs may be allowed if compatible with the
overall architectural design of the building. Materials shall be of
low reflectance, subtle, neutral or earth-tone colors. The use of
high-intensity colors such as black, neon, metallic or florescent
colors for the facade and/or roof of the building are prohibited except
as approved for building trim. The use of trademark colors will require
approval by the Planning Board.
(4)
Roof design. Roofs shall be designed to reduce the apparent
exterior mass of a building, add visual interest and be appropriate
to the architectural style of the building. Variations within one
architectural style are highly encouraged. Visible rooflines and roofs
that project over the exterior wall of a building enough to cast a
shadow on the ground are highly encouraged. Architectural methods
shall be used to conceal flat rooftops. Overhanging eaves, sloped
roofs and multiple roof elements are highly encouraged. Mansard-style
roofs are discouraged.
(5)
Customer entrance(s). Each building shall have at least one
clearly defined, highly visible customer entrance using a combination
of the following architectural features: canopies, porticos, arcades,
arches, wing walls, and permanent above-grade integral planters.
(6)
Community amenities along Church Hill Road, Route 3, and the
Frontage Access Road (applies to Riggs Brook Village District only).
Each building along Church Hill Road, Route 3, and the Frontage Access
Road shall contribute to the enhancement of the Village and its public
spaces during warm seasons by providing at least two community amenities
such as a picnic area, water feature, artwork or sculpture, clock
tower, landscaped garden with park benches or other features acceptable
to the Planning Board. These features shall abut the sidewalks.
C.
Design certificate. In considering applications for design review, the Planning Board shall use the criteria appearing in Subsection F below. An approved design certificate from the Planning Board shall be required before a permit to proceed is issued for any special exception uses, or for land uses requiring design review in § 300-314.7C in the Riggs Brook Village (RBV) District.
D.
Application process. The application process shall be as follows:
(1)
The application for a design certificate shall be made to the
City Planning Bureau on forms provided therefor. Each application
shall be accompanied by such sketches, drawings, photographs, descriptions
or other information showing the proposed alterations, additions,
changes or new construction as may be required for the Board to make
a decision.
(2)
The staff shall transmit the application for a design review
certificate, together with the supporting information and material,
to the Planning Board (the Board) at its next meeting for examination
and approval. The Board shall act within 60 days from the date the
applicant files a completed application and pays all required application
fees. If the Board does not act within 60 days, the application is
deemed to be approved and a design certificate shall be issued.
(3)
Nothing herein shall prohibit an extension of time, by a formal
action for a specific period of time, for review and approval of the
application if the parties have mutually agreed that more information
and/or discussion is required. Unless the Board disapproves an application,
a design certificate shall be issued with or without conditions. When
the Board disapproves an application, its reasons shall be issued
to the applicant in written form.
E.
Required submission materials:
(1)
Completed application, including application fee.
(2)
A conceptual site plan, drawn to a scale of one inch equals
40 feet (or similar) by a professional engineer or architect, showing
the following:
(a)
A general site location map of where property is located in
Augusta.
(b)
Location of all property boundaries of the development parcel.
(c)
Location of all existing structures within 200 feet of either
end of the frontage boundary line (including both sides of the road).
(d)
Location of all existing and proposed structures, showing total
building square footage; elevation of lowest floor; proposed land
use(s); location of customer entrances.
(e)
All existing and proposed parking areas; driveways; loading
and delivery areas.
(f)
All existing and proposed landscape areas; buffer yard areas;
fences; natural vegetation areas; outside equipment; trash containers;
storage areas; and community amenities (if within Riggs Brook Village).
(3)
Elevation drawings, drawn by a professional engineer or architect,
showing the following:
(4)
Photographs of street scenes showing the architectural context
of adjacent and nearby properties on both sides of the street, and
a photograph taken from across the street looking at the proposed
area of development.
F.
Criteria for approval. The Design Review Board shall approve or approve with conditions an application based upon a finding that the proposed design adequately meets all the applicable design standards identified in Subsection B above. If the proposed project fails to adequately meet one or more of the applicable design standards, the application shall be denied.
A.
Establishment of Board of Appeals. There is hereby established a
Board to be known as the "Board of Zoning Appeals," which Board's
duties shall include, but not be limited to, hearing appeals under
this chapter.
(1)
Compliance with state law. The Board of Zoning Appeals shall
comply with the provisions of 30-A M.R.S.A. § 2691 and 30-A
M.R.S.A. § 4353, as amended.
(2)
Membership. The Board of Zoning Appeals shall consist of seven
members and two associate members, all of whom shall be residents
of the City of Augusta. Neither a municipal officer nor a spouse of
a municipal officer may be a member or associate member of the Board.
All members shall serve without pay.
(3)
Municipal officers to appoint members. All members of the Board
of Zoning Appeals, including associate members, shall be appointed
by the Mayor and confirmed by the City Council.
(4)
Members' terms. The initial appointed members shall hold office,
two for one year, two for two years and three for three years. Thereafter,
the appointments shall be for a term of three years. Associate members
shall be appointed for three-year terms. The municipal officers may
dismiss a member of the Board for cause before the member's term expires.
(5)
Vacancies. When a member of the Board of Zoning Appeals is unable
to act because of conflict of interest, physical incapacity, absence,
or any other reason satisfactory to the Chairman, one or both associate
members are hereby empowered to act in place of the regular member
or members who are unable to act. When there is a permanent vacancy,
the senior associate member shall automatically assume the position
created by the vacancy and shall serve for the unexpired term of said
position without the necessity of being specifically appointed or
sworn to said position. The Mayor shall thereafter appoint a new associate
member for a three-year term. The appointment shall be confirmed by
the City Council.
(6)
Quorum and voting requirements.
(a)
The presence of four or more Board of Zoning Appeals members
shall constitute a quorum, and associate members in attendance may
be included in determining the existence of a quorum. When a member
of the Board is unable to act because of a conflict of interest, physical
incapacity, absence or any other reason satisfactory to the Chair,
one or both associate members shall be empowered by the Chair to act
in place of the regular member or members who are unable to act. Only
members and associates authorized to vote are permitted to make and
second motions. No meeting of the Board of Zoning Appeals shall be
held without a quorum as established in this section. The Board of
Zoning Appeals shall act by majority vote, calculated as follows:
|
Authorized Voters
|
Majority
(votes needed to pass motion)
| |
|---|---|---|
|
4
|
3
| |
|
5
|
3
| |
|
6
|
4
| |
|
7
|
4
|
(b)
A Board member may abstain from voting. If a member wishes to
abstain, he or she shall so declare prior to discussion on the matter.
An exception can be made by the Chair if it is determined during deliberations
that a member has a conflict of interest. If and when this occurs,
the member must then abstain. Once a member has abstained, he or she
shall not be counted as an authorized voter.
(7)
Meetings; officers. The Board of Zoning Appeals shall have regular
monthly meetings and have such other special meetings as shall be
called by the Chairperson or by a written petition by four or more
members of the Board. The Board shall have a Chairperson and Secretary
and such other officers as it may determine by vote.
(8)
Regulations, bylaws. The Board shall have the power to adopt
all necessary regulations and bylaws to regulate its own activities.
Such regulations and bylaws shall be filed with the City Clerk.
B.
Powers and duties of the Board of Appeals. The Board of Appeals shall
have the following powers and duties:
[Amended 1-21-1992 by Ord. No. 303; 3-1-1993 by Ord. No. 41; 12-19-1994 by Ord. No. 685; 3-20-1995 by Ord. No. 40; 6-4-2007 by Ord. No. 109; 6-16-2011 by Ord. No. 11-71]
(1)
Administrative appeals. To hear and decide appeals, on an appellate basis, where it is alleged by an aggrieved party that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the administration of this chapter; and to hear and decide administrative appeals on a de novo basis where it is alleged by an aggrieved party that there is an error in any order, requirement or decision or determination made by, or failure to act by, the Code Enforcement Officer in his or her review of and action on a permit application under this chapter; or to effect any variation in the application of this chapter from its stated terms. Any order, requirement, decision or determination made, or failure to act, in the enforcement of this chapter is not appealable to the Board of Appeals. Actions or failure to act by the Code Enforcement Officer or the municipal officers in the enforcement of this chapter pursuant to § 300-601A shall not be appealable to the Board of Appeals. The Board may modify or reverse any ruling or decision of the Planning Board or Code Enforcement Officer if the Board finds that such ruling or decision is contrary to the specific provisions of this chapter. The Board is authorized to hear and decide appeals where it is alleged that due process, as outlined in this chapter and, in the case of appeals of Planning Board decisions, as outlined in Chapter 14, Article II, of the Code of the City of Augusta has been violated. In regard to allegations that specific findings of fact are in error, the Board of Appeals is empowered to modify or reverse a Planning Board finding only if such finding is found to be clearly erroneous.
[Amended 4-20-2017 by Ord. No. 17-067]
(a)
When the Board of Appeals reviews a decision of the Code Enforcement
Officer, the Board of Appeals shall hold a “de novo” hearing.
At this time, the Board may receive and consider new evidence and
testimony, be it oral or written. When acting in a “de novo”
capacity, the Board of Appeals shall hear and decide the matter afresh,
undertaking its own independent analysis of evidence and the law,
and reaching its own decision.
(b)
When the Board of Appeals hears a decision of the Planning Board,
it shall hold an appellate hearing and may reverse the decision of
the Planning Board only upon finding that the decision was contrary
to specific provisions of the ordinance or contrary to the facts presented
to the Planning Board. The Board of Appeals may only review the record
of the proceedings before the Planning Board. The Board Appeals shall
not receive or consider any evidence which was not presented to the
Planning Board, but the Board of Appeals may receive and consider
written or oral arguments. If the Board of Appeals determines that
the record of the Planning Board proceedings is inadequate, the Board
of Appeals may remand the matter to the Planning Board for additional
fact finding.
(2)
Variances; conditions governing applications; procedures. To
hear and decide upon appeal in specific cases in variance from the
strict requirements of this chapter where, owing to special conditions
or circumstances affecting a particular parcel of land or building
or structure thereon which are not applicable to other lands, buildings,
or structures in the same district, as in the case of exceptionally
irregular, narrow, or steep lots or other physical conditions, a literal
enforcement of the terms of this chapter would result in undue hardship.
As used in this chapter, a variance is authorized only for dimensional
requirements, including but not limited to lot width, structure height,
percent lot coverage, setbacks, sign size, buffer yard width. A variance
may not be granted to permit a use that is not provided for as a permitted
use or a conditional use. The Board of Appeals shall not grant a variance
from the terms of this chapter in respect to such land or structures
unless and until:
(a)
A written application for a variance is filed with the Board
demonstrating:
[1]
That well-documented, exceptional conditions affect the particular
land or building which do not generally affect other property in the
district.
[2]
That such conditions do in fact constitute an undue hardship
to the owner of such land or building. The term "undue hardship" shall
mean:
[a]
That the land in question cannot yield a reasonable
return unless a variance is granted;
[b]
That the need for a variance is due to the unique
circumstances of the property and not to the general conditions in
the neighborhood;
[c]
That the granting of a variance will not alter
the essential character of the locality; and
[d]
That the hardship is not the result of action taken
by the applicant or prior owner.
[3]
That a variance from the particular terms of this chapter can
be granted without detriment to the public interest or the health,
safety, or general welfare of the residents of the municipality, and
without impairment of the integrity of the Comprehensive Plan for
municipal development, or of the purpose and intent of this chapter.
(b)
Notwithstanding § 300-606B(2)(a)[2] above, the Board of Appeals, or the Code Enforcement Officer, if authorized in accordance with 30-A M.R.S.A. §4353-A, may grant a variance to an owner of a residential dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. The term “structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure. Any permit issued pursuant to this subsection is subject to § 300-606B(2)(d) and H(4).
[Added 4-20-2017 by Ord.
No. 17-067]
(c)
Limit on variances. No variance shall be granted for placement
of a structure less than five feet from the property line unless the
abutting owner gives a construction, maintenance and repair easement
which shall be recorded with the Kennebec County Registry of Deeds.
No variance shall be granted which does not provide for a snow storage
area of a minimum of five feet from the right-of-way line. In shoreland
areas, the minimum setback from the normal high-water mark for subsurface
sewage disposal facilities shall not be reduced by variance. In shoreland
areas, the Board of Appeals shall limit any variances granted as strictly
as possible in order to ensure conformance with the purposes and provisions
of this chapter to the greatest extent possible and, in doing so,
may impose such conditions to a variance as it deems necessary. The
party receiving the variance shall comply with any conditions imposed.
[Amended 4-20-2017 by Ord. No. 17-067]
(d)
A copy of each variance request in shoreland areas, including
the application and all supporting information supplied by the applicant,
shall be forwarded by the municipal officials to the Commissioner
of the Department of Environmental Protection at least 20 days prior
to action by the Board of Appeals. Any comments received from the
Commissioner prior to the action by the Board of Appeals shall be
made part of the record and shall be taken into consideration by the
Board of Appeals. All variances granted by the Board of Appeals in
shoreland areas shall be sent by the Code Enforcement Officer to the
Department of Environmental Protection within 14 days of the decision.
[Amended 4-20-2017 by Ord. No. 17-067]
C.
Appeals and variances.
(1)
The Board of Appeals of the City of Augusta may, upon written
application of an aggrieved party, hear and decide appeals where it
is alleged that there is an error in any order, requirement, decision,
or determination made by, or failure to act by, the Code Enforcement
Officer or Planning Board in the administration or enforcement of
the provisions of this chapter.
(2)
The Board of Appeals may grant a variance from the requirements
of this chapter consistent with state law and the following criteria:
(a)
Variances shall not be granted within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
(b)
Variances shall be granted only upon:
[1]
A showing of good and sufficient cause; and
[2]
A determination that, should a flood comparable to the base
flood occur, the granting of a variance will not result in increased
flood heights, additional threats to public safety, public expense,
or create nuisances, cause fraud or victimization of the public or
conflict with existing local laws or ordinances; and
[3]
A showing that the issuance of the variance will not conflict
with other state, federal or local laws or ordinances; and
[4]
A determination that failure to grant the variance would result
in "undue hardship," which in this subsection means:
[a]
That the land in question cannot yield a reasonable
return unless a variance is granted; and
[b]
That the need for a variance is due to the unique
circumstances of the property and not to the general conditions in
the neighborhood; and
[c]
That the granting of a variance will not alter
the essential character of the locality; and
[d]
That the hardship is not the result of action taken
by the applicant or a prior owner.
(c)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief, and the Board of Appeals may impose such conditions
to a variance as it deems necessary.
(d)
Variances may be issued for new floodplain construction, substantial
improvements, or other development for the conduct of a functionally
dependent use, provided that:
[1]
Other criteria of this Subsection C and § 300-508E(11) are met; and
[2]
The structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
(e)
Variances may be issued for the repair, reconstruction, rehabilitation,
or restoration of historic structures upon the determination that:
[2]
The proposed repair, reconstruction, rehabilitation, or restoration
will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(f)
Any applicant who meets the criteria of Subsection C(2)(a) through (e) shall be notified by the Board of Appeals in writing over the signature of the Chairman of the Board of Appeals that:
[1]
The issuance of a variance to construct a structure below the
base flood level will result in greatly increased premium rates for
flood insurance up to amounts as high as $25 per $100 of insurance
coverage;
[2]
Such construction below the base flood level increases risks
to life and property; and
[3]
The applicant agrees in writing that the applicant is fully
aware of all the risks inherent in the use of land subject to flooding,
assumes those risks and agrees to indemnify and defend the municipality
against any claims filed against it that are related to the applicant's
decision to use land located in a floodplain and that the applicant
individually releases the municipality from any claims the applicant
may have against the municipality that are related to the use of land
located in a floodplain.
(g)
Appeal procedure for administrative and variance appeals.
[1]
An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board, except for enforcement-related matters as described in § 300-606B(1) above. Such an appeal shall be taken within 30 days of the date of the official, written decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty-day requirement.
[Amended 4-20-2017 by Ord. No. 17-067]
[2]
Upon being notified of an appeal, the Code Enforcement Officer
or Planning Board, as appropriate, shall transmit to the Board of
Appeals all of the papers constituting the record of the decision
appealed from.
[3]
The Board of Appeals shall hold a public hearing on the appeal
within 35 days of its receipt of an appeal request.
[4]
The person filing the appeal shall have the burden of proof.
[5]
The Board of Appeals shall decide all appeals within 35 days
after the close of the hearing and shall issue a written decision
on all appeals.
[6]
The Board of Appeals shall submit to the Code Enforcement Officer
a report of all variance actions, including justification for the
granting of the variance and an authorization for the Code Enforcement
Officer to issue a flood hazard development permit, which includes
any conditions to be attached to said permit.
[7]
Any aggrieved party who participated as a party during the proceedings
before the Board of Appeals may take an appeal to Superior Court in
accordance with state laws within 45 days from the date of any decision
of the Board of Appeals.
D.
Burden of proof. In any proceeding before the Board of Appeals, the
burden of proof shall be upon the applicant to establish the application/use
is in compliance with the requirements of this chapter.
E.
Board of Appeals may impose conditions. In granting appeals, the
Board may impose such conditions and safeguards regarding the location,
character, fencing, screening, landscaping, or other features as it
may deem advisable in furtherance of the intent and purpose of this
chapter and may require posting of bonds to assure performance. The
issuance of any variance shall be contingent upon the applicant's
agreeing in writing to indemnify and save harmless the City against
all loss, cost, damage or expense occurring by reason of the erection
or maintenance of a structure and upon his or her filing with the
City Clerk a certificate of public liability insurance covering property
damage up to $1,000 and bodily damage with a coverage of $10,000 to
$20,000 minimum limits.
F.
Filing of appeals.
[Amended 6-4-2007 by Ord.
No. 109]
(1)
In all cases, a person aggrieved by any decision of the Code
Enforcement Officer or Planning Board shall commence his or her appeal
within 30 calendar days after the date the official written decision
is signed by the Code Enforcement Officer or Planning Board Chair.
If the 30th day falls on a nonbusiness day for the City, the final
date for filing an appeal shall be the end of the next business day
for the City.
(2)
Applications for appeals shall be made by filing with the Board
of Appeals a written notice of appeal, which includes:
[Amended 4-20-2017 by Ord. No. 17-067]
(3)
Upon receiving an application for an administrative appeal or
variance, the Code Enforcement Officer or Planning Board, as appropriate,
shall transmit to the Board of Appeals all of the papers constituting
the record of the decision appealed from. Upon being notified of an
appeal from a decision of the Planning Board, City planning staff
shall have prepared and transmitted to the Board of Appeals a written,
certified transcript of the Planning Board proceedings from which
an appeal is being taken.
[Amended 4-20-2017 by Ord. No. 17-067]
G.
Public hearing. Before making any decisions or taking action on any
appeal, the Board of Appeals shall hold a public hearing on any administrative
appeal or a request for a variance within 35 days of its receipt of
a complete written application, unless this time period is extended
by the parties. The Board shall notify the appellant, the Code Enforcement
Officer, the Planning Board, the municipal officers, the Kennebec
Journal and owners of abutting property at least 10 days in advance
of the hearing, specifying the nature of the appeal and the time and
place of the hearing.
[Amended 4-20-2017 by Ord. No. 17-067]
(1)
Whenever an appeal is filed of a decision made by the Planning
Board where abutters were notified, all abutters initially notified
shall be notified of the upcoming appeal.
(2)
In the case of appeals from decisions made by the Planning Board,
the public hearing shall be limited to the certified transcript and
record of the Planning Board proceedings; no new information shall
be considered.
(3)
The appellant's case shall be heard first. To maintain orderly
procedure, each side shall proceed without interruption. Questions
may be asked only through the Chair. All persons at the hearing shall
abide by the order of the Chair.
H.
Appeal decision.
(1)
Within 35 days of the public hearing, the Board of Appeals shall
reach a decision and shall inform, in writing, the appellant, the
Code Enforcement Officer, and if within the shoreland zone, the Department
of Environmental Protection, within seven days of the Board’s
decision and its reasons therefor. Upon notification of the decision
of the Board of Appeals, the Code Enforcement Officer, as instructed,
shall immediately issue, issue with conditions prescribed by the Board
of Appeals, or deny a permit.
[Amended 4-20-2017 by Ord. No. 17-067]
(2)
All decisions shall become a part of the record and shall include
a statement of findings and conclusions, as well as the reasons or
basis therefor, and the appropriate order, relief or denial thereof.
(3)
All variances granted by the Board of Appeals but not recorded
at the Registry of Deeds by the applicant within 90 days of granting
shall be void.
I.
Appeal to Superior Court. Except as provided for by 30-A M.R.S.A.
§ 2691(3)(F), any aggrieved party who participated as a
party during the proceedings before the Board of Appeals may take
an appeal to Superior Court in accordance with state laws within 45
days from the date of any decision of the Board of Appeals.
[Amended 4-20-2017 by Ord. No. 17-067]
J.
Reconsideration.
[Amended 4-20-2017 by Ord. No. 17-067]
(1)
In
accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of
Appeals may reconsider any decision within 45 days of its prior decision.
A request to the Board to reconsider a decision must be filed within
10 days of the decision that is being reconsidered. A vote to reconsider
and the action taken on that reconsideration must occur and be completed
within 45 days of the date of the vote on the original decision. Reconsideration
of a decision shall require a positive vote of the majority of the
Board members originally voting on the decision and proper notification
to the landowner, petitioner, Planning Board, Code Enforcement Officer,
and other parties of interest, including abutters and those who testified
at the original hearing(s). The Board may conduct additional hearings
and receive additional evidence and testimony.
(2)
Appeal
of a reconsidered decision to the Superior Court must be made within
15 days after the decision on reconsideration.
