The following activities shall not require a
building permit: repairs, replacement and/or normal maintenance not
requiring structural elements, decorative changes in existing structures
or buildings, provided that the activity is in conformance with federal,
state or local laws and does not involve any physical modifications
or changes requiring a permit under this chapter.
A.
Every applicant for a permit shall submit a written
application which shall include, for structures to be erected, structures
to be moved and exterior additions to existing structures:
(1)
The shape, size and location of the lot for which
application is made.
(2)
The shape, size and location on the lot of the proposed
structure and of any proposed additions to existing structures with
reference to the distance from all lot lines.
(3)
The shape, size and location of any other existing
structures on the lot with reference to the distance from all lot
lines.
(4)
The location of adjacent structures on adjacent lots
with reference to the distance from the lot line.
B.
The above requirements shall not apply to alterations
wholly within an existing structure.
C.
All applications shall also include:
(1)
The name and address of the property owner.
(2)
The name, address and telephone number of the person,
firm or firms involved in the construction on the property.
(3)
The value of the proposed construction.
(4)
A statement of the proposed use for any new or moved
structure or altered portion of an existing structure.
(5)
Any other information the applicant wishes to furnish.
(6)
Any other information requested by the Code Enforcement
Officer to make the application intelligible and to determine whether
the proposed construction will conform to this chapter, other local
ordinances and state law. 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 Plumbing Inspector,
shall be submitted.
(7)
A certification that the information in the application
is complete and correct to the best of the applicant's knowledge and
belief.
D.
All applications shall be signed by the person or
firm to do the work and/or by the owner of the property or other person
authorizing the work.
E.
All applications shall be dated, and the Code Enforcement
Officer shall note upon each application the date and time of its
receipt at his office.
F.
Upon receipt of a permit application the Code Enforcement
Officer shall:
(1)
Decide whether the information in the application
is sufficient for him to determine whether, under this chapter, the
permit should be issued or if the application is otherwise inadequate.
If he feels the application is insufficient or inadequate, he shall
at once notify the applicant in writing, indicating what the necessary
information required to correct the application is. If the application
is not so corrected, he shall deny it.
(2)
When an application conforms to the provisions of
this chapter and other codes and ordinances of the town, upon payment
of the required fee, he shall within 10 days of its receipt issue
the permit. He shall notify the Tax Assessor and keep a copy of the
application/permit in a permanent file in his office.
(3)
If the application does not conform, he shall, within
10 days, deny the permit in writing, stating therein his reasons for
such denial. In the event that the proposed building or structure
is so constructed or is of such usage as to require a review of the
application by other authorities or boards, as determined by reference
to the land use regulation file, the Code Enforcement Officer shall
refer the applicant to the appropriate authority or board for review,
approval or denial. Upon his receipt of the decision of the reviewing
authority or board, in writing, and if such decision is an approval,
the Code Enforcement Officer shall issue the permit with any conditions
prescribed by the reviewing authority or board. The Code Enforcement
Officer shall not issue any building permit if he has knowledge that
a particular structure would be located in an unapproved subdivision,
and/or if he has knowledge that the structure would be in violation
of a particular state law or local ordinance. In denying any permit
under these circumstances, the Code Enforcement Officer shall state
in writing the reasons for the denial.
(4)
If he shall fail, for any reason, within 10 days either
to issue a permit or deny an application in writing, such failure
shall be deemed a denial so that the applicant may appeal to the Board
of Appeals if he so wishes.
G.
Following the issuance of a building permit, if no
substantial start is made on the construction within six months of
the date of the permit, it shall lapse and become void. Thereafter
no further work on such construction can be made until a new application
has been made and approved as aforesaid. The fee for such permit shall
be charged as a renewal fee.
H.
Any permit issued which is not in conformity with
the provisions of this chapter confers no rights and is void. Any
structure completed prior to the enactment of this chapter shall be
deemed to meet the setback requirements of this chapter if a building
permit was issued prior to commencement of construction of the structure.
A.
A certificate of occupancy issued by the Code Enforcement
Officer is required in advance of the use or occupancy of:
B.
No certificate of occupancy shall be issued unless
the lot or building or structure complies with all the provisions
of this chapter and other local and state laws. A record of all certificates
of occupancy shall be kept on file in the office of the Building Inspector,
and a copy shall be furnished, on request, to any person having a
proprietary or tenancy interest in the structure or land involved.
The certificate of occupancy shall state specifically the uses which
it permits.
A.
It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter. If the Code Enforcement
Officer shall find that any provision of this chapter is being violated,
he shall notify, in writing, the person responsible for such violations,
indicating the nature of the violations and ordering the action necessary
to correct it. He shall order the removal of illegal buildings, structures,
additions or work being done or shall take any other action authorized
by this chapter to ensure compliance with, or to prevent violation
of, its provisions.
B.
The Code Enforcement Officer should maintain a current
file of all pertinent federal, state and local statutes, ordinance
regulations, codes and plans relating to land use regulation, including
local subdivision plans.
C.
The Code Enforcement Officer shall conduct on-site
inspection to ensure compliance with all applicable laws and conditions
attached to approval. The Code Enforcement Officer may enter any property
at reasonable hours and enter any structure with the consent of the
property owner, occupant or agent to inspect the property or structure
for compliance with the law or ordinances set forth in this section.
If consent is denied, he should obtain an administrative warrant before
entering the property. The Code Enforcement Officer may revoke a permit
if it was issued in error or if based on erroneous information.
[Amended 5-20-1992 ATM, Art. 23; 6-1-1993 STM, Art. 20]
When any violation of any provision of this
chapter shall be found to exist, the Code Enforcement Officer is hereby
authorized and directed to institute any and all actions and proceedings,
either legal or equitable, that may be appropriate or necessary to
enforce the provisions of this chapter in the name of the town, in
accordance with 30-A M.R.S.A. § 4452.
[Amended 5-20-1992 ATM, Art. 23; 6-1-1993 STM, Art. 20]
Any person, including but not limited to a landowner,
his agent or a contractor who violates a provision of this chapter
shall be liable for penalties set forth in 30-A M.R.S.A. § 4452.
Fines shall be payable to the town.
[Amended 5-22-1991 ATM, Art. 28; 6-1-1993 STM, Art. 24]
A.
Authorization. The Board of Appeals and the Planning
Board are hereby authorized to hear and decide upon applications for
conditional use permits in accordance with state law and the provisions
of this chapter. The Planning Board shall hear and decide upon all
applications for conditional use permits for those uses which also
require site plan review. The appropriate Board shall approve, approve
with modifications or conditions or disapprove an application for
a conditional use permit. No conditional use permit shall be authorized
unless specific provision for such conditional use is made in this
chapter.
B.
Existing conditional use or structure.
(1)
A conditional use which existed prior to the effective
date of this chapter may not be changed to another conditional use
nor substantially expanded or altered except in conformity with all
regulations of this chapter pertaining to conditional uses. "Substantial
expansion" shall be defined as:
(2)
No changes shall be made in any approved conditional
use without approval of the change by the board which granted the
initial conditional use approval.
C.
Application procedure. A person informed by the Code Enforcement Officer that he requires a conditional use permit or special event permit shall file an application with the appropriate board on forms provided for the purpose. The applicant shall be responsible for filing a fee and deposit as indicated in Chapter 109 of the Town Code. The following information must be present on all applications:
[Amended 5-20-1998 STM, Art. 35; 5-20-2004 STM, Art. 16]
(1)
Name and address of applicant.
(2)
Location of property.
(3)
Evidence of applicant's right, title or interest in
the property and any encumbrances on the property.
(4)
Total floor area, ground coverage and location of
each proposed building, structure or addition. Location of all utilities,
lighting, roads, drainage and parking areas.
(5)
State exact nature of conditional use requested.
(6)
Applicant will provide a list of all property within
200 feet of the boundaries of the property involved.
E.
Decision. Any decision of the Board of Appeals or the Planning Board will be in accordance with Article X.
F.
Standards for a conditional use permit. An applicant
who seeks a conditional use permit shall submit to the appropriate
board adequate evidence, which will become part of the record, illustrating
the proof required by this section. The board shall review the application
in concert with all of the evidence submitted by the applicant, and
shall make specific factual findings that the following are met:
(1)
The use is compatible with and similar to the general
categories of uses of neighboring properties.
(2)
The use is compatible with the Comprehensive Plan
and the anticipated future development of the neighborhood.
(3)
The anticipated traffic for the proposed development
will not cause an adverse negative impact on the neighborhood surrounding
the proposed development.
(4)
There will be no noise, dust, odor, vibration or smoke
generated by the use that will adversely affect neighboring properties
or the Town in general.
(5)
The physical characteristics of the site, including
location, slope, soils, drainage and vegetative cover, are suitable
for the proposed use.
(6)
The use will not constitute a public or private nuisance.
(7)
Any other requirements and applicable provisions of
this Code, as deemed necessary, are met.
G.
Conditions attached to conditional uses.
(1)
Upon consideration of the factors listed above, the
Board of Appeals or Planning Board may attach such conditions, in
addition to those required 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, specification for: type of vegetation;
included setbacks and yards; specified sewage disposal and water supply
facilities; landscaping and planting screens; period of operation;
operations controls; professional inspection and maintenance; sureties;
deed restrictions, restrictive covenants; locations of piers, docks,
parking and signs; type of construction; or any other conditions necessary
to fulfill the purposes of this chapter.
(2)
In evaluating each application, the Board may request
the assistance of the County Soil and Water Conservation District
state or federal agency or consultant which can provide technical
assistance.
H.
Appeals.
[Added 5-15-2013 STM, Art. 10]
(1)
All decisions of the Planning Board shall be provided to the applicant, and any others requesting notification, in writing within seven (7) days of the Planning Board’s decision. Any aggrieved party may appeal such decision of the Planning Board within thirty (30) days of the date of the decision to the Topsham Board of Appeals, in accordance with § 225-72.
(2)
An
applicant shall not be prevented from reapplying to the Planning Board
for a project that has been denied, so long as the application is
determined to be substantially different from the original application,
by the Planning Board.
