[Amended 6-11-2025]
It shall be the duty of the Select Board, and the Select Board is hereby given the power and authority, to enforce the provisions of this chapter, on its own initiative or upon receipt of information from the Code Enforcement Officer that a violation exists. The Board may seek such remedies in equity and/or in law that are available and proper.
[Amended 6-11-2025; 6-10-2026]
It shall be the duty of the Code Enforcement Officer, or any other person duly authorized by the Select Board, to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is not being met, the Code Enforcement Officer shall notify, in writing, the person responsible for the violation and the owner of the property. The written notice shall specify the nature of the violation, the action necessary to correct the violation and a time frame for complying. If, after such notice and demand, such violation has not been corrected and abated within the required time, the Code Enforcement Officer shall refer the case to the Select Board for appropriate legal action. A written notice shall not be conditioned precedent to the Town instituting enforcement action for any violation of this chapter.
A. 
The Code Enforcement Officer is directly responsible to the Select Board in an employer/employee relationship, and both shall follow the requirements of this chapter in matters of law and procedure. The Select Board shall establish policies and procedures relating to the manner and form of the Code Enforcement Officer carrying out his administrative duties to ensure consistent and fair application of this chapter's requirements.
B. 
The Code Enforcement Officer shall remove himself from the permit process of which he is the issuing authority in any application in which he has any financial, familial, or other personal interest and refer such applications to the Select Board, who is authorized to process, review and issue or deny permits required. The Select Board is also authorized to review and issue permits for which the Code Enforcement Officer is the issuing authority in cases of his incapacity for any other reason.
C. 
A Code Enforcement Officer shall be appointed or reappointed annually by the Select Board and shall not be a person who is engaged in the building construction trades within the Town of Wayne.
[Amended 6-11-2025]
A. 
Permit fees and applications.
(1) 
Permit fees for the construction or alteration of a building or structure, use, conditional use or other permits shall be proposed from time to time by the Planning Board and sent to the Select Board for approval. A schedule of such fees is on file in the Town office.
(2) 
Applications for a building, use, conditional use or other permits required by this chapter shall be in writing on forms and in content approved by the issuing authority or by the Select Board, if appropriate. They shall be directed to the issuing authority and signed by the owner of the property, who shall certify that the information in the application is complete and correct.
B. 
Approval of permits shall proceed in a manner stipulated by this chapter. Within 35 days of the date of receiving written application, the Planning Board or Code Enforcement Officer shall notify the applicant, in writing, either that the application is complete or, if the application is incomplete, that specified additional material is needed to make the application complete. The issuing authority shall approve, approve with conditions, or deny all permit applications, in writing, within 35 days of receiving a completed application. Permits shall not be denied if the use is found to be in conformance with the provisions of this chapter with respect to such use. The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purpose and provisions of this chapter. No approval shall be granted for an application involving a structure or use if it would be located in an unapproved subdivision or would violate any other local ordinance or regulation or any state law which the municipality is responsible for enforcing.
C. 
Expiration of permit. Permits issued under this section expire one year after the date of issuance for Zones R-4, R-5, and R-6 and expire two years after the date of issuance for Zones R-1, R-2, and R-3. If neither substantial construction nor use has commenced and one year has elapsed since the date of issuance, then the applicant must apply for and obtain a new permit. A permit may be extended for one additional year only if the applicant applies to the Code Enforcement Officer prior to the expiration of the original permit and any provision of this chapter that applies to the permitted project has not been amended. As used in this subsection, "substantial construction" means completion of 30% of the work authorized by the permit, measured as a percentage of total estimated cost.
D. 
Code Enforcement Officer. The Code Enforcement Officer shall approve or deny those applications which he or she is empowered to issue. Approval shall be only in those cases where the application clearly meets all the provisions of this chapter. In those matters where, in his or her opinion, there is doubt about compliance and which require interpretation of this chapter, he or she shall deny the permit and refer the applicant to the Board of Appeals. This shall not prevent him or her seeking advice and counsel from the Planning Board or Select Board to resolve such doubts concerning matters relating to applications for permits and the provisions of this chapter.
E. 
Plumbing permits. No building permit shall be issued for any structure or use involving construction, installation, or alteration, or use involving plumbing facilities and/or septic systems, unless a permit for such activity has been obtained by the applicant or his designated agent from the local Plumbing Inspector according to the requirements of this chapter and the State of Maine Subsurface Wastewater Disposal Rules.[1]
[1]
Editor's Note: See 10-144 CMR Ch. 241.
F. 
Installation of public utility service. No public utility, water district, sanitary district, or any utility company of any kind may install services to any new structure located in Wayne unless written authorization, attesting to the validity and currency of all local permits required under this or any previous ordinance, has been issued by the appropriate municipal officials.
[Amended 6-11-2025; 6-10-2026]
Conditional use approval is required for all new uses and all expansions of existing uses that are listed in the Land Use Table in Article V of this chapter as requiring a conditional use permit from the Planning Board. The Planning Board shall be the issuing authority for conditional use permits required by this chapter. In reviewing a conditional use application, the Board shall approve, deny, or approve with conditions all applications submitted to it and shall notify the applicant, in writing, of its decision.
A. 
Burden on applicant; additional information. The applicant shall have the burden of proof that his or her application and proposal is in compliance with the requirements of this chapter and the review standards for conditional uses. The Board may request additional information from the applicant, written or oral, to determine that the application and proposal meets this chapter and the standards for conditional uses.
B. 
Review. The application shall be reviewed under the following review standards. After receipt of a complete application, said complete application, including all of the information requested by the application form and any additional information requested by the Board, the Board shall approve an application or approve it with conditions if it makes positive finding that the proposed use:
(1) 
Will maintain safe and healthful conditions.
(2) 
Will adequately provide for the disposal of all wastewater septic wastes, organic wastes and solid wastes.
(3) 
Will not have an undue adverse effect or impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat.
(4) 
Will conserve shore cover under the timber harvesting and related activities regulations in § 60-25B or clearing or removal of vegetation regulations in § 60-25C and preserve visual access to water bodies, and actual access where such exists and is available to the general public.
(5) 
Will comply with the following standards of land use:
(a) 
Is in compliance with the Town of Wayne Floodplain Management Ordinance, adopted June 24, 1987, and subsequent amendments.
(b) 
Will have safe access to the site from existing or proposed roads and that the proposal will not cause or aggravate undue traffic congestion or hazards. Safe access shall comply with the sight distance standards defined in § 60-72 of this chapter.
(c) 
Will not cause water pollution, erosion or sedimentation.
(d) 
Adequate land for off-street parking according to the standards of § 60-66. If a proposed use does not fit one of the categories in § 60-66, the Board may prescribe the required number of spaces based upon the projected use and volume of traffic to the proposed site.
(e) 
Adequate land for the exterior storage of vehicles, boats, trailers, or other types of equipment and/or materials used in connection with the proposed use. Adequacy shall be determined by the following:
[1] 
Storage areas shall be apart from parking areas, roads or driveways, and related rights-of-way.
[2] 
The storage areas shall meet the setbacks for buildings in the zone in which they lie.
(f) 
The proposed use will not have an adverse impact on the visual and aesthetic character of the property as viewed from roads, streets, and abutting properties. The Board shall review the application using the following standard:
[1] 
Storage areas permitted under Subsection B(5)(e), above, shall be screened, whether naturally by existing evergreen vegetation, or by planted evergreen vegetation, or by the construction of wood fencing or screening, so as not to be visible from abutting properties, roads, or streets during any season.
[2] 
General merchandise of a type customarily displayed on the inside of buildings shall not be displayed outside of buildings.
[3] 
Exterior storage areas may be used for display of merchandise for sale, provided they meet the requirement of Subsection B(5)(e), above, and this subsection, except display shall not be limited to the hours of operation and such merchandise is of a type not normally stored in buildings because of its size, such as vehicles, boats trailers, RVs, tractors and other farm equipment and/or logging or excavating equipment. Such storage areas also used for the display of such merchandise must be screened as in Subsection B(5)(f)[1] above.
(6) 
Will not incorporate any areas which are wetlands, or areas where the groundwater table is at or within six inches of the surface at any time, in meeting the minimum lot size for the use proposed or be within 100 feet of the perimeter of such areas.
(7) 
Will have adequate water supply to meet the demands of the proposed use with respect to the operations of septic disposal systems, potable water supply, and fire protection purposes.
(8) 
Meets with all other requirements of this chapter, other Town ordinances, or applicable state laws and regulations.
(9) 
Will adequately preserve open space according to the following standards:
(a) 
Exterior storage areas, combination storage/display areas, and/or parking areas for patrons and/or occupants shall not comprise more than 33% of the open space on a lot.
(b) 
Maximum lot coverage (ground-floor square footage) of all structures and unvegetated surfaces, existing and proposed, shall be no more than 20% of the lot area.
(10) 
Will not generate noise on the exterior of buildings in excess of that customarily and generally generated by the predominate use within 500 feet of any of the applicant's property lines. Predominant use shall be determined by the use of the majority of lot and/or the land area of lots within 500 feet of the proposed use. Example: If the majority of lots within 500 feet of the proposed use were in residential use, then the noise customarily and usually generated by residential use would be the upper limit of acceptable noise level for the proposed use; i.e., lawn mowers, occasional use of chain saws, etc.
C. 
Fees for special consultation. When deemed necessary, and at any time in the review process, the Board may consult with agencies or persons of recognized special authority in the field of traffic engineering, environmental protection, land use, fish and wildlife management, geology, air or water quality, solid or liquid waste disposal, or other such fields so that it may make a positive finding on related parts of its review. Consultation from sources without fee shall be employed first if available. If not, any fees charged for such consultation shall be the responsibility of the applicant. The applicant shall be informed of the estimated fee in advance of proceeding with the consultation. Time periods for review shall be adjusted accordingly until reports have been received. A permit shall not be issued until such fees are paid.
D. 
The Planning Board is authorized and directed to develop an application form and procedures for its consideration and review of requests for the issuance of conditional use permits, including without limitation requiring the submission by the applicant of all information and plans which the Planning Board deems necessary in order for it to adequately review such an application under the terms and standards of review set forth in this chapter. A schedule of fees for processing an application for a conditional use permit shall be set by the Board, and any fees shall be due at the time the application is submitted.
(1) 
The application for a conditional use permit and any accompanying materials shall be submitted to the Town at least 10 days prior to a regularly scheduled Planning Board meeting. The Planning Board will review the application at the next regularly scheduled Planning Board meeting solely to determine if additional information and materials are needed for it to conduct its review or if the application as submitted is complete. The Board may conduct an on-site inspection of the parcel or building connected with the proposed use before considering the application complete. The on-site inspection shall be at a time and in weather conditions which permit adequate inspection of physical features of the land. If the Planning Board finds the application incomplete, either because it elects to conduct an on-site inspection or for any other reason, it shall notify the applicant of any information and materials necessary for it to find the application complete.
(2) 
Upon the Planning Board determining at a regularly scheduled meeting that an application for a conditional use permit is complete, the applicant shall have seven days from such determination to notify, by certified mail, all property owners whose property is within 500 feet of where the proposed use is to be located of the application for a conditional use permit. The applicant shall provide to the Planning Board the names and addresses of all such property owners and proof that notice by certified mail as required herein has been provided.
(3) 
Within 30 days of determining that an application for conditional use is complete, the Board may hold, at its discretion, a public hearing on the application. Notice of the public hearing shall be published at least seven days prior to the hearing date.
(4) 
Within 30 days of the completion of such public hearing, or within 60 days of determination of a complete application if no public hearing is held, or within some other, longer time limit mutually agreed upon by the parties, the Board shall act upon the application and issue an order granting, granting with conditions, or denying the application for conditional use, setting forth its findings and facts supporting its decision based upon its review and the standards contained herein. The Planning Board may attach such conditions to a conditional use permit as it finds necessary to make a positive finding of each of the standards set forth in § 60-9B above; violation of any such conditions shall be a violation of this chapter.
E. 
To whom issued.
(1) 
Conditional use permits for all other activities or uses are issued to the property owner(s). Permits issued under this section expire one year after the date of issuance for Zones R-4, R-5, and R-6 and expire two years after date of issuance for Zones R-1, R-2, and R-3. If neither substantial construction nor the use has commenced, and one year has elapsed, since the date of issuance, then the applicant must apply for and obtain a new permit. A permit may be extended for one additional year only if the applicant applies to the Planning Board prior to the expiration of the original permit, and any provision of this chapter that applies to the permitted project has not been amended. As used in this section, "substantial construction" means completion of 30% of the work authorized by the permit, measured as a percentage of total estimated cost. Unless the use or activity for which it is issued is commenced in full within six months and completed within one year of issue, the permit is void.
(2) 
While the permit is still valid, it is transferable to new owners of the property upon their written application to the Planning Board in the exact scope, purpose, and conditions as the original permit. Any change requires reapplication.
[Amended 6-11-2025; 6-10-2026]
A. 
Any person, including any individual(s), partnership, corporation, sole proprietorship, or any other form of legal entity, and/or the authorized agents of said persons who violates any of the provisions of this chapter shall be fined not less than $100 up to a maximum of $2,500 per day per violation. The maximum penalty in a Shoreland Zone Resource Protection District shall be a fine of up to $10,000.
B. 
Any person, having been given written notice of violation and order by the Code Enforcement Officer or Select Board that a violation exists and having been given a period of time so stated in the notice of violation and order to correct such violation(s), who fails to correct and continues said violations shall have each day of continuance of said violation(s) considered to be a separate offense. Further, the Select Board, either at the request of the Code Enforcement Officer or of its own volition, may seek fines, recovery of attorneys' fees and equitable relief as provided by 30-A M.R.S.A. § 4452 to enforce violations of this chapter.