This chapter shall be known and be cited as the "Zoning Ordinance
of the Town of Shapleigh, Maine," and will be referred to herein as
"this chapter."
Should any section or provision of this chapter be declared
by the courts to be invalid, such decision shall not invalidate any
other section or provision of this chapter.
[Amended 6-30-2009 STM]
Whenever a provision of this chapter conflicts with or is inconsistent
with another provision of the chapter or of any other ordinance, regulation
or statute administered by the municipality, the more restrictive
provision shall control.
[Amended 3-13-1999 ATM by Art. 65]
A. This chapter may be amended by a majority vote of the governing body,
regardless of whether or not the proposed amendment is recommended
by the Planning Board.
B. The Planning Board shall hold a public hearing at least 30 days prior
to the meeting of the governing body. Notice of public hearing shall
be posted and be published in accordance with the following provisions:
(1) The notice must be posted in the municipal office and the usual Town
Warrant posting locations at least 13 days before the public hearing.
(2) The notice must be published at least two times in a newspaper of
general circulation in the municipality. The date of the first publication
must be at least 13 days before the hearing, and the date of the second
publication must be at least seven days before the hearing. The notice
must be written in plain English, understandable by the average citizen.
(3) Notice must be given in accordance with the following when an amendment
has been proposed that, within a geographically specific portion of
the municipality, has the effect of either prohibiting all industrial,
commercial or retail uses where any of these uses is permitted or
permitting any industrial, commercial or retail uses where any of
these uses is prohibited.
(a)
The notice must contain a copy of a map indicating the portion
of the municipality affected by the proposed amendment.
(b)
For each parcel within the municipality that is in or abutting
the area affected by the proposed amendment, the notice must be mailed
by first-class mail at least 13 days before the public hearing to
the last known address of the person to whom each parcel is assessed.
The municipal officers shall prepare and file with the Municipal Clerk
a written certificate indicating those persons to whom the notice
was mailed and at what addresses, when it was mailed, by whom it was
mailed and from what location it was mailed. Notice is not required
under this subsection for the adoption of a new zoning ordinance adopted
to implement a comprehensive plan or for amendments required by the
shoreland zoning laws contained in Title 38 M.R.S.A. § 435
et seq.
C. Copies of amendments to shoreland zoning provision of this chapter,
attested and signed by the Municipal Clerk, shall be submitted to
the Commissioner of the Department of Environmental Protection following
adoption by the municipal legislative body and shall not be effective
unless approved by the Commissioner. If the Commissioner fails to
act on any amendment within 45 days of his/her receipt of the amendment,
the amendment is automatically approved. Any application for a permit
submitted to the municipality within the forty-five-day period shall
be governed by the terms of the amendment, if such amendment is approved
by the Commissioner.
No proposed change in this chapter which has been unfavorably
acted upon by the governing body shall be considered on its merits
by the governing body within two years after the date of such unfavorable
action unless adoption of the proposed change is recommended by unanimous
vote of the Planning Board.
[Amended 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
A. Effective date of chapter and chapter amendments. The effective date of this chapter is March 12, 1983. Except as provided in §
105-7C, amendments shall be effective upon adoption.
B. Repeal of municipal timber harvesting regulation. The municipal regulation
of timber harvesting activities is repealed on the statutory date
established under 38 M.R.S.A. § 438-B(5), at which time
the State of Maine Department of Conservation's Bureau of Forestry
shall administer timber harvesting standards in the shoreland zone.
On the date established under 38 M.R.S.A. § 438-B(5), the
following provisions of this chapter are repealed:
(1) Section
105-17, Land uses, timber harvesting (Shoreland District, Resource Protection District, Stream Protection District)
(3) Section
105-15, Definitions, the definitions of: "forest management activities"; "forest stand"; "harvest area"; "land management road"; "residual basal area"; "skid road or skid trail."