Belfast City Zoning Code
ARTICLE II
Administration
Sec. 102-51 Established.
[Ord. No. 20-1998, 9-15-1998]
The City Council hereby creates the department of planning and community development.
Sec. 102-52 Functions.
[Ord. No. 20-1998, 9-15-1998]
The department of planning and community development includes the functions of City planning, zoning, code enforcement, harbor management, harbor development, and other related community planning matters.
Sec. 102-53 Director.
[Ord. No. 20-1998, 9-15-1998]
(a)
The department of planning and community development shall include a director, who shall be hired by the City manager subject to the confirmation of the City Council. The director shall report to the City manager.
(b)
The director will be responsible for personnel within the department, including but not limited to the code enforcement officer, the harbormaster, and other full- and part-time personnel within these areas of responsibility. The director shall be subject to all City policies, including but not limited to personnel and procurement policies.
Sec. 102-54 Duties.
[Ord. No. 20-1998, 9-15-1998]
(a)
The department of planning and community development shall provide staff support to the planning board, the comprehensive plan review committee, the zoning board of appeals, and the harbor committee.
(b)
The department shall assist the various boards in recommending policies to the City council and shall assist the various boards in carrying out those policies, where appropriate.
(c)
The department shall carry out policies as established by the City council and under ordinances, orders, and resolves, consistent with state and federal laws. The department shall conduct any additional work as directed by the City manager.
(d)
The department will be expected to perform regulatory functions and to assist the City in carrying out planning functions, both in the regulatory arena and in public facility improvements. The department will be expected to solicit grants from public and private sources for public improvements.
Sec. 102-71 through Sec. 102-80. (Reserved)
Subdivision II. Building Permit |
Sec. 102-81 Work requiring permit.
[Ord. No. 28-1997, § 301.1, 3-4-1997]
In addition to the requirements of the City building code, the City electrical code, the state plumbing code, the City plumbing code, the site plan regulations (chapter 90), permits required by the state fire marshal's office, and the provisions of this chapter, a building permit shall be required for:
(1)
Any building construction, addition, alteration and retrofit, for all structures.
(2)
Any modification in the footprint or volume of any structure.
(3)
The construction of a shed, provided that the shed exceeds 64 square feet in floor area, and exceeds six feet in height at the eaves or eight feet in height at the peak.
(4)
Retaining walls.
(5)
Curb cuts. Curb cuts are subject to approval of the City highway superintendent and/or state department of transportation and/or City council.
(6)
Fences or stone walls which are more than four feet in height.
Sec. 102-82 Work for which permit is not required.
[Ord. No. 28-1997, § 301.2, 3-4-1997]
A building permit shall not be required for:
(1)
Replacement of exterior steps and walkways for single-family structures.
(2)
Fences or stone walls which are not more than four feet in height.
(3)
Alterations of single-family structures within any three-hundred-sixty-five-day period which do not change the building footprint or volume and the cost of which would reasonably be expected to have a fair market value of less than $5,000.
(4)
Re-siding, re-shingling, changing windows or changing doors on a single-family building, providing the cost of the improvement would have a fair market value of less than $5,000 in a period of one year.
(5)
The construction of a shed, provided that the shed does not exceed 64 square feet in floor area, does not exceed six feet in height at the eave or eight feet in height at the peak, and is not used to house motor vehicles and/or animals and is intended for private storage for a single-family dwelling structure. The shed may be permitted to be set back at a distance of not less than four feet from the back or side lot line and 30 feet from the road right-of-way.
Sec. 102-83 Issuance prohibited when unresolved land use violations exist.
[Ord. No. 28-1997, § 301.3, 3-4-1997; Ord. No. 75-1998, 6-16-1998]
No building permit shall be issued to an applicant if there are any unresolved land use or zoning violations relating to the property for which the permit is being sought; provided, however, that this shall not prevent the issuance of permits necessary to resolve the underlying zoning or land use violation.
Sec. 102-84 After-the-fact permits.
[Ord. No. 28-1997, § 301.4, 3-4-1997]
All after-the-fact building permits shall have a fee of $150 for all single-family property permits and $300 for all others. This fee is in addition to the appropriate permit fee. Issuance of an after-the-fact permit shall not be construed as relieving the applicant from any liability for construction activity undertaken in violation of this chapter prior to the issuance of a building permit.
Sec. 102-85 Wastewater disposal system required.
[Ord. No. 28-1997, § 301.5, 3-4-1997]
All residential, commercial and industrial structures shall be served by municipal sewer in compliance with chapter 62, article II, or an approved subsurface wastewater disposal system designed and installed in compliance with state subsurface wastewater disposal rules. No building permit shall be issued unless the proposed development is in compliance with this section.
Sec. 102-86 Wastewater disposal permit required.
[Ord. No. 28-1997, § 301.6, 3-4-1997]
No building permit shall be issued for any structure or use involving construction that requires a wastewater disposal system or an increase in wastewater flow unless the applicant has demonstrated that the proposed structure or use has been issued a permit for the disposal of such wastewater.
Sec. 102-87 Standards for issuance.
[Ord. No. 28-1997, § 301.7, 3-4-1997]
The code enforcement officer shall review all applications for building permits under permitted uses and shall approve all such applications which comply fully with all the provisions of this chapter, the site plan review regulations (chapter 90), and the technical standards (chapter 98), where applicable.
Sec. 102-88 Submission of plans.
[Ord. No. 28-1997, § 301.8, 3-4-1997]
Any application for a building permit shall be accompanied by a legible plan, drawn to scale, showing the location, shape and dimensions of all buildings and structures to be built or altered, the intended use of each building and structure to be built or altered, and the size and location of any building already on the lot which will be within 50 feet of the building structure to be built or altered, and such other information as the code enforcement officer may reasonably require for his review in order to evaluate compliance with this chapter.
Sec. 102-89 Signing of application.
[Ord. No. 28-1997, § 301.9, 3-4-1997]
Every application for a building permit shall be signed by the owner of the premises or his authorized agent.
Sec. 102-90 Expiration.
[Ord. No. 28-1997, § 301.10, 3-4-1997]
A permit secured under the provisions of this division shall expire if the work or change is not commenced within one year after the date on which the permit is granted, or if so commenced if the work or change is not substantially completed within two years after the date on which the permit is granted.
Sec. 102-91 Issuance of certificate of occupancy.
[Ord. No. 28-1997, § 301.11, 3-4-1997]
No new structure or vacant structure shall be occupied until the code enforcement officer has inspected the structure and issued a certificate of occupancy. A certificate of occupancy, however, shall not be construed as a waiver by the City of any land use or zoning violations which may exist and may be known or unknown by the City at the time of issuing the certificate of occupancy.
Sec. 102-92 through Sec. 102-100. (Reserved)
Subdivision III. Permit for Uses Requiring Review |
Sec. 102-101 Authority of planning board; site plan required.
[Ord. No. 28-1997, § 302.0, 3-4-1997]
The planning board shall review and approve, approve with conditions or deny all permits for permitted uses requiring planning board review. All applications for permits requiring planning board review shall be accompanied by a site plan.
Sec. 102-102 Submission requirements.
[Ord. No. 28-1997, § 302.2, 3-4-1997]
For any application under section 102-101, the planning board or the code enforcement officer may require any or all of the following information:
(1)
A map prepared at a scale of not less than one inch to 50 feet which includes:
a.
The name and address of the applicant or his authorized agent, the name of the proposed use, and a clear identification of any land within 500 feet of the proposed use in which the applicant has title or interest.
b.
Existing soil conditions as described by a registered soil scientist.
c.
The names of abutting landowners.
d.
A perimeter survey of the parcel made and certified by a registered land surveyor relating to reference points, showing true north point, graphic scale, corners of parcel and date of survey and total area.
e.
Existing and proposed locations and dimensions of any utility lines, sewer lines, water lines, easements, storm drainage facilities and public or private rights-of-way.
f.
Location, ground floor area and elevations of all buildings and other structures on parcels abutting the site.
g.
If the site is not to be served by a public sewer line, an on-site soils investigation report, including septic design for the proposed use/building, by a site evaluator licensed by the state department of human services.
h.
Location and dimensions of on-site pedestrian and vehicular accessways, parking areas, and loading and unloading facilities, design of ingress and egress of vehicles to and from the site onto public streets, and curb and sidewalk lines.
i.
A landscape plan showing the location, type and approximate size of plantings and the location and dimensions of all fencing and screening.
j.
Topography indicating contour intervals of not more than five feet or as requested by the planning board and/or the code enforcement officer.
k.
Location on the site plan of the Aquifer-Watershed Overlay District, if applicable.
l.
Location of important scenic vistas which are listed in the comprehensive plan which are in the vicinity of the site.
(2)
A written statement by the applicant that shall include the following:
a.
Evidence by the applicant of his title and interest in the land for which the application is made.
b.
A description of proposed uses of the site.
c.
Total floor area, height and ground coverage of all proposed buildings and structures and percentage of lot covered by all buildings or structures.
d.
Description of existing and proposed easements, restrictions and covenants placed on the property.
e.
Method of solid waste disposal.
f.
Copies of letters to be sent by the applicant to any owner of land located within 150 feet of any boundary of the property, as depicted on the on the current City tax maps, upon which development is proposed, the City Clerk, the MSAD 34 school superintendent, and the Belfast Water District superintendent notifying them of the proposed development.
(3)
A written statement by the applicant that shall include the following information if required by the planning board:
a.
Erosion and sedimentation control plan.
b.
Statement of financial capacity, which should include the names and sources of the financing parties, including individuals, banks, government agencies, private corporations, partnerships and limited partnerships, and whether these sources of financing are for construction loans or longterm mortgages or both.
c.
List of applicable local, state and federal ordinances, statutes, laws, codes and regulations pertaining to the development of the site.
d.
The applicant's evaluation of the availability and suitability of off-site public facilities, including sewer, water, streets and solid waste.
e.
A statement from the fire chief as to the availability of fire hydrants and/or fire ponds, or provisions of fire protection services.
g.
A statement from the public works director that any proposed public road or street construction or alteration will meet City specifications.
h.
An estimate of the date when construction will start and when it will be completed.
i.
A statement as to what measures will be taken to preserve scenic vistas as identified in the comprehensive plan.
j.
Any other information reasonably required by the planning board and/or the code enforcement officer to determine whether the provisions of this chapter will be met.
Sec. 102-103 Uses subject to review.
[Ord. No. 28-1997, § 302.3, 3-4-1997; Ord. No. 57-1997, 6-17-1997]
Sec. 102-104 Deadline for submission of application.
[Ord. No. 28-1997, § 302.4, 3-4-1997]
A complete application for a permitted use requiring planning board review must be submitted 13 days prior to the planning board meeting at which the application is to be reviewed.
Sec. 102-105 Fees.
[Ord. No. 28-1997, § 302.5, 3-4-1997]
Fees for any permit required by this subdivision and review of any application for the permit shall be set by the City Council and shall accompany any application. No application shall be scheduled for any review until the fees have been paid.
Sec. 102-106 Application review and approval.
[Ord. No. 28-1997, § 303.0, 3-4-1997]
(a)
Timeframe for determining if application is complete. Within 15 days of receiving a written application for a permit for a permitted use or 20 days for a permitted use requiring Planning Board review, the code enforcement officer shall determine whether the application is complete and begin a preliminary review.
(b)
Review process.
(1)
The first step in the review process is for the code enforcement officer to undertake a preliminary review to determine whether the application and accompanying submissions are sufficiently complete and adequate for the purposes of a substantive review. Should the code enforcement officer determine that the application and submissions are complete and adequate so as to allow substantive review, he shall so notify the applicant in writing. Should the code enforcement officer determine that the application or submissions are incomplete or inadequate so as to preclude substantive review, he shall so notify the applicant in writing and shall specify what additional information and/or material is needed to make the application complete and adequate for purposes of substantive review.
(2)
If the matter involves a review only by the code enforcement officer, the code enforcement officer shall issue a decision regarding the application.
(3)
If the application is one which requires Planning Board review, the application shall be scheduled for the Planning Board agenda, subject to the provisions of all of the applicable City ordinances, rules and regulations, and subject to the Planning Board's rules and regulations for placing applications upon the Planning Board's agenda. Following a review of the submission made by the applicant in support of his application, the Planning Board may, before undertaking further review, request further submissions as it deems necessary, or the Planning Board may begin the formal review process and, if and when necessary for completion of its review, request further information or submissions from the applicant. When the Planning Board, in either of such circumstances, requests of the applicant additional information not then before the Planning Board, such submissions shall be made within 60 days from the date of the request, and the matter shall be tabled to a date certain for further proceedings before the Planning Board. The failure to provide requested information as and when requested may result in the denial of the application by the Planning Board. After all requested information has been submitted by the applicant, and the Planning Board determines through a formal finding that all requested information has been provided, the Planning Board shall, within 30 days of that finding, either approve, approve with conditions, or disapprove the application. Any conditions of approval shall be those necessary to ensure that the provisions of this chapter are followed. The failure to approve or disapprove an application within the thirty-day period shall constitute a denial of the application, unless the applicant and the Planning Board agree to the extension to a date certain, not more than 90 days after such thirty-day period. Any application remaining pending for any reason without final action more than three months after its date of filing with the City shall be deemed denied unless the Planning Board, by official vote at a Planning Board meeting, upon the written request of the applicant, affirmatively extends such time period for an additional period of time of not more than 90 days. The Planning Board shall make written findings as to why the matter should remain pending, and further provide that the extension shall be to a date certain after which the application shall be denied.
(4)
If the code enforcement officer or the Planning Board requests information and/or submissions from the applicant which the applicant contends are not necessary for the review of his application, the applicant may so indicate in writing and request that the code enforcement officer or, as applicable, the Planning Board render a decision on the application, based upon what has been submitted.
(c)
Notification of decision. Within seven days of reaching a decision, the code enforcement officer or Planning Board shall notify the applicant in writing of any action taken and the reason for taking such action.
Sec. 102-131 Establishment and jurisdiction of Zoning Board of Appeals.
[Ord. No. 28-1997, § 304.1, 3-4-1997; Ord. No. 25-2005, 12-7-2004]
The Zoning Board of Appeals is established by the charter and members are appointed by the City Council. The board shall hear administrative appeals and grant variances as provided in this division.
Sec. 102-132 Powers of Zoning Board of Appeals.
[Ord. No. 28-1997, § 304.2.1, 3-4-1997; Ord. No. 25-2005, 12-7-2004; Ord. of 10-21-2008(2)]
(a)
The Zoning Board of Appeals shall review administrative appeals from final written decisions of the code enforcement officer, the In-Town Design Review Committee, and/or the Planning Board. All administrative appeals from decisions relating to interpretation and operation of the following chapters shall be made directly to the Zoning Board of Appeals:
(b)
The Zoning Board of Appeals may grant an undue hardship variance, a disability variance or practical difficulty variance in strict compliance with provisions of this chapter. The Zoning Board of Appeals may also grant a certificate of economic hardship for a Type 1 mandatory in-town design review permit issued by the In-Town Design Review Committee; reference Chapter 80, In-Town Design Review, Article III.
(c)
In deciding any appeal, the Zoning Board of Appeals may interpret the provisions of this chapter which are called into question.
Sec. 102-133 Variances.
[Ord. No. 28-1997, §§ 304.2.2, 304.2.3, 3-4-1997; Ord. No. 25-2005, 12-7-2004; Ord. No. 22-2006, 2-7-2006]
(a)
Undue hardship variance. A variance may be granted by the Zoning Board of Appeals only where strict application of this chapter, or a provision thereof, to the petitioner and his property would cause undue hardship. An undue hardship variance is authorized only for dimensional requirements and performance standards that apply to a use in question. A variance shall not be granted to allow a use or an expansion of a use not otherwise permitted in a zoning district. The term "undue hardship," as used in this subsection, means:
(1)
The land in question cannot yield a reasonable return unless a variance is granted;
(2)
The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
(3)
The granting of the variance will not alter the essential character of the locality; and
(4)
The hardship is not the result of an action taken by the applicant or a prior owner.
(b)
Disability variances. Notwithstanding the provisions of section 102-133(a) the Zoning Board of Appeals may grant a variance to a property owner for the purpose of making that property accessible to a person with a physical or mental disability who is living on the property. 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 property 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 on the property. For the purposes of this subsection, the terms "physical or mental disability" and "persons with a disability" are as defined under 5 M.R.S.A. § 4553.
(c)
Practical difficulty variance. Notwithstanding the provisions of subsections (a) and (b) the zoning board of appeals may grant a variance from the dimensional standards stipulated in chapter 102, Zoning, when strict application of the provisions of the subsections would create a practical difficulty, as defined in chapter 66, and when all of the following conditions are found to exist:
(1)
The need for a variance is due to the unique circumstances of the property, and not to the general conditions in the neighborhood;
(2)
The granting of the variance will not have an unreasonably detrimental effect on either the use or fair market value of abutting properties;
(3)
The practical difficulty is not the result of an action or actions taken by the applicant;
(4)
No other feasible alternative is available to the applicant, except a variance;
(5)
The granting of a variance will not have an unreasonably adverse effect on the natural environment; and
(6)
The property is not located, in whole or in part, within a shoreland area, as defined in 38 M.R.S.A. § 435, as amended, nor within a shoreland zone or flood hazard area, as defined in the City code of ordinances.
(e)
Recording. If the Zoning Board of Appeals grants a variance under subsection (a), (b) or (c) of this section, a certificate indicating the name of the current property owner, identification of the property by reference to the last recorded deed in its chain of title, the City property tax map and lot number, the fact that the variance, including any conditions on the variance, has been granted, and the date of the granting shall be prepared in recordable form. This certificate must be recorded in the county registry of deeds within 30 days of the date of the final written approval of the variance or the variance is void. The variance is not valid until recorded as provided in this subsection. The date of the final written approval shall be the date stated on the written approval, as required by 30-A M.R.S.A. § 4353(5).
Sec. 102-134 Administrative appeals.
[Ord. No. 28-1997, §§ 304.3.1-304.3.11, 3-4-1997; Ord. No. 25-2005, 12-7-2004]
(a)
Filing. An administrative appeal shall be taken within 30 calendar days from the vote taken by the board from which a party is aggrieved or the written decision of the code enforcement officer. In the case of an administrative appeal of a Planning Board decision regarding a subdivision, the appeal shall be taken within 30 calendar days of the date of the written decision from the Planning Board. All appeals shall be considered filed at the time of delivery to the City department of planning and community development and copies shall be sent to the code enforcement officer and the Planning Board. Forms for appeal shall be those approved by the Zoning Board of Appeals, and the aggrieved person shall set forth on said forms the grounds for the appeal.
(b)
Public hearing required; notice. Before taking action on any appeal, the Zoning Board of Appeals shall hold a public hearing. The Zoning Board of Appeals shall give 10 calendar days' written notice of any hearing to the appellant, the code enforcement officer, chair of the Planning Board, and the City Council. The City department of planning and community development, on behalf of the appellant, shall provide written notification by mail to each abutter, mailed at least 10 days prior to the hearing, and the department shall retain proof of such notification. All interested persons shall be given reasonable opportunity to have their views expressed at any hearing. Only parties with standing shall be allowed to participate. Standing shall be decided by a vote of a majority of a quorum of the Zoning Board of Appeals members as a preliminary matter to the extent that any party's standing is challenged. Public notice of each Zoning Board of Appeals public hearing must be given at least seven days prior to the hearing date by advertising in a newspaper of general circulation in the City.
(c)
Failure to receive notice. Failure of any abutting property owner to receive a notice of public hearing shall not necessitate any other hearing or invalidate any action by the Zoning Board of Appeals unless said owner can demonstrate substantial actual damages as a result of the failure to receive notice.
(d)
Right of parties to appear by agent or attorney. At any hearing, a party may appear by agent or attorney. A properly scheduled and noticed hearing shall not be continued to another time except for good cause in the sole discretion of the chair of the Zoning Board of Appeals.
(e)
Attendance at hearing by City officials. The code enforcement officer or his designated assistant shall attend all hearings on appeals from decisions made by him. The code enforcement officer, his designated assistant, or the director of the City department of planning and community development, as well as the chair or his appointed representative of the Planning Board shall attend all hearings on appeals from Planning Board decisions. At the discretion of the chair of the Zoning Board of Appeals, the code enforcement officer, his designated assistant, the director of the department of planning and community development or Planning Board chair or the chair's appointed representative may, to the extent necessary for a full understanding of the appeal, be requested to present an outline of procedure, plans, photographs, or other material which constitutes the record below.
(f)
Standard of review on appeal. In all administrative appeals, except appeals from actions of the code enforcement officer, the Zoning Board of Appeals shall act as an appellate board which shall entertain all evidence of record submitted in the underlying hearing, including any transcripts, findings of facts, and decisions made by the board of original fact-finding jurisdiction. The Zoning Board of Appeals shall review the entire record and determine if the evidence of record compels the Zoning Board of Appeals to find that all or part of the decision on appeal was arbitrary or capricious and compels a contrary decision based on substantial evidence in the record. In such administrative appeals, the Zoning Board of Appeals is hereby authorized to take the following action:
(g)
De novo review. Notwithstanding any other provision contained herein or in any other ordinance of the City of Belfast, the Zoning Board of Appeals shall not have jurisdiction to conduct de novo hearings, except in case of appeals from actions, failure to act or decisions of the code enforcement officer. In such de novo appeals the appellant shall have the burden to prove by a preponderance of the evidence that the code enforcement officer's decision was erroneous.
(h)
Conduct of hearing. The appellant's case shall be heard first, at which time argument may be made or the appellant may simply submit written materials supporting the basis of the appeal. In de novo hearings, the appellant shall be heard first to present evidence, witnesses, followed by appellee's presentation of evidence and witnesses. Parties shall be provided an opportunity to cross-examine witnesses directly. However, the chairman of the Zoning Board of Appeals may require all questioning of witnesses be asked through him/her. All parties and members of the Zoning Board of Appeals shall abide by procedural rules as applied and interpreted by the chairman of the Zoning Board of Appeals.
(i)
Expiration of approval. Approval of a permit as a result of an appeal under the provisions of this section shall expire if the work or change involved is either not commenced within one year of the date on which the appeal is granted or, if commenced within one year of the date on which the appeal is granted, is not substantially completed within two years of the date on which such appeal is granted, unless otherwise provided for in the appeal, whichever is the more restrictive.
(j)
Filing of a second appeal on same property. If the Zoning Board of Appeals denies an appeal, no other appeal of a similar nature with regard to the same site and the same use shall be brought before the Zoning Board of Appeals unless, in the opinion of a majority of its members, substantial new evidence shall be brought forward, or unless the Zoning Board of Appeals finds, in its sole and exclusive judgment, that its denial was based on an error or mistake of law or misunderstanding of relevant and material facts.
(k)
Required vote. Three members of the Zoning Board of Appeals will constitute a quorum. Three affirmative or three negative votes shall be required to take binding legal action.
(l)
Time limit for decision; notice of decision. The Zoning Board of Appeals shall decide on any appeal within 30 calendar days of the hearing and mail or hand deliver written notice of its decision to all parties and the code enforcement officer and Planning Board within seven calendar days after the decision is rendered.
(m)
Appeal to superior court. A decision of the Zoning Board of Appeals may be appealed to the superior court in accordance with the Rule 80B of the Maine Rules of Civil Procedure, within 45 calendar days after the actual vote of decision.
Sec. 102-135 Fees.
[Ord. No. 28-1997, § 304.3.12, 3-4-1997; Ord. No. 25-2005, 12-7-2004]
Fees for any administrative appeal or variance shall be set by the City Council.
Sec. 102-161 Violations deemed nuisance.
[Ord. No. 28-1997, § 305.1, 3-4-1997]
Any violation of a land use regulation as provided in this chapter shall be deemed to be a nuisance.
Sec. 102-162 Responsibility for enforcement; notice of violation.
[Ord. No. 28-1997, § 305.2, 3-4-1997]
This chapter shall be enforced by a code enforcement officer appointed by the City Council. 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 violation, indicating the nature of the violation and illegal use of land, building, structure, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be maintained by the code enforcement officer as a permanent record.
Sec. 102-163 Legal action.
[Ord. No. 28-1997, § 305.3, 3-4-1997]
When the action described in section 102-162 does not result in the correction or abatement of the violation or nuisance condition, the code enforcement officer shall notify the City manager. Upon receiving such notice, the City manager, with approval of the City Council, is hereby authorized to direct initiation, in the name of the City, of any and all actions and proceedings, either legal or equitable, including actions seeking to enjoin violations and/or to impose fines, that may be available or necessary to enforce the provisions of this chapter in the name of the City.
Sec. 102-164 Penalty; additional remedies.
[Ord. No. 28-1997, § 305.4, 3-4-1997]
(a)
Any person, including but not limited to a landowner, a landowner's agent, a tenant or a contractor, who violates any provisions of this chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.
(b)
In addition, the City shall be entitled to all of the relief, including its costs and legal fees, allowed by 30-A M.R.S.A. § 4452. Notwithstanding any provision to the contrary, including the provisions of 30-A M.R.S.A. § 4452, the City shall be entitled to judgment against any violator for its costs, expert witness fees, code enforcement expenses and attorneys' fees incurred in enforcing this chapter.
(c)
The City shall have the right to enforce this chapter through civil action, either at law or equity. The enforcement provisions contained in this chapter shall exist in addition to those which may exist under state statutory law or Rule 80K of the Maine Rules of Civil Procedure, or any other court rule or statutory provision.
(d)
Each and every day of violation shall constitute a new and separate offense for which a minimum penalty of $100 shall be assessed.
Sec. 102-181 Authorized; procedure.
[Ord. No. 28-1997, § 400.0, 3-4-1997]
The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented or repealed in accordance with 30-A M.R.S.A. § 4352 and the Charter. In the event of any inconsistencies between the state statutory procedures and those contained within the Charter, the state statutes shall control.
Sec. 102-182 Review of proposed amendments by Planning Board.
[Ord. No. 6-1998, 7-7-1998]
The City Council, recognizing that it is the Planning Board that deals most closely with the zoning codes of the City, hereby resolves that any changes proposed to the City's zoning ordinances or codes be reviewed by the Planning Board before being considered for adoption by the City Council. Any citizen whose request has been denied by the Planning Board may seek reconsideration of the proposed change by the council, with the Planning Board's input and recommendations being provided to the council.