Perform duties as provided by law.

Hear and decide on required development plans, including special exception use requests, that require Planning Board review, using the development application and review procedures and criteria and other provisions in this title.

Prepare and recommend for Council adoption a Comprehensive Plan and initiate plan implementation by zoning ordinance, other land use and development regulations, and other means; and monitor and report on Plan implementation progress.

Perform duties as provided by law.

Administrative decision appeal. Hear and decide on an administrative decision appeal where it is alleged by an aggrieved party that there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in review of an action on a permit application under this title.

Variance request. Hear and decide on a variance request within the limitations set forth in this title and 30-A M.R.S.A. § 4353(4).

Miscellaneous variation request. To hear and decide on a miscellaneous variation request to permit variation in:

Special exception use request. Hear and decide on a special exception use request not requiring Planning Board review per development and site review thresholds and using the development application and review (Chapter 16.7) procedures and review criteria and other provisions in this title.

Perform duties as provided by law.

Where Town Council action is required under 38 M.R.S.A. § 1021 et seq., Wharves and Fish Weirs, the Council may appoint the Port Authority as its designee for on-site inspection and to issue a written report on the same to the Council.

Water area development powers and duties.

All applications for building/regulated activity permits are to be accompanied by plans showing the actual dimensions and shape of the lot to be built upon, including but not limited to property and setback lines; the exact sizes and locations and dimensions of the proposed building or alteration of any existing structures and the proposed sewage disposal systems as designed by a Maine-licensed site evaluator. The Code Enforcement Officer may waive the requirement for plans in the case of minor interior alterations which in the CEO's opinion do not result in a change in use. The application is to include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance with and provide for the enforcement of this title. All plans and correspondence are to include the map and lot designation of the property concerned in the upper right-hand corner.

At any time between the initial request for a building/regulated activity permit and the granting of final occupancy certificate the CEO or designated representative is to have access to the subject property and structures without obtaining prior permission, written or oral, from the property owner or applicant, except when a temporary occupancy permit has been given to the dwelling owner or applicant.

All developments must be in conformance with the procedures, standards and requirements of this title.

All work that requires a building/regulated activity permit must conform to the Maine Uniform Building and Energy Code (MUBEC), pursuant to 10 M.R.S.A. § 9721 et seq., which is adopted by the Department of Public Safety, Bureau of Building Codes and Standards, Maine Technical Building Codes and Standards Board, by Rule 16-635, Chapters 1 through 6, as may be amended from time to time.

The following codes, standards, rules and their amendments are in full force and effect in their entirety and are not affected by the operation of Title 16 or the MUBEC:

Any person who begins any work for which a permit is required by the State Plumbing Code without first having obtained a permit therefor, if subsequently eligible to obtain a permit, is liable to pay double the permit fee fixed by this section for such work. However, this provision does not apply to emergency work when it is proven to the satisfaction of the local plumbing inspector that such work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In all such emergency cases, a permit must be obtained within four working days, or else a double permit fee as hereinabove provided is to be charged.

For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached is construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings are to be based on the number of plumbing fixtures, water heaters, etc., involved.

The following permit fees are to be charged:

A variance may be granted only by the Board of Appeals under the following conditions:

Notwithstanding § 16.2.12D(2)a, the Board of Appeals 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 of Appeals must 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 of Appeals 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" includes railing, wall or roof systems necessary for the safety or effectiveness of the structure.

A copy of each variance request within the Shoreland Overlay Zone, including the application and all supporting information supplied by the applicant, must be forwarded by the Code Enforcement Officer to the Commissioner of the Maine 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 will be made part of the record to be taken into consideration by the Board of Appeals.

The Board of Appeals must limit any variance granted as strictly as possible to ensure conformance with the purposes and provisions of this title to the greatest extent possible and, in doing so, may impose such conditions of approval to a variance as it deems necessary. The party receiving the variance must comply with any conditions imposed.

Nonconformance as prescribed in § 16.1.8;

Parking, loading and traffic standards contained in § 16.7.11E and § 16.7.11F;

Sign violation and appeal standards contained in § 16.5.23M;

Accessory dwelling unit standards contained in § 16.5.3; or

Exemptions to net residential acreage per § 16.5.18 for a one-time single-family dwelling and/or lot division.

The Board of Appeals will hear, decide and may grant an applicant's special exception use request where authorized in Chapter 16.4 for any application excluded from Planning Board review as stated in § 16.7.2B, if the proposed use meets the criteria set forth in § 16.2.12F, Basis for decision.

The Planning Board will review, decide and may approve an applicant's special exception use request where the proposed project requires Planning Board review as defined in § 16.7.2B or is located in a Shoreland or Resource Protection Overlay Zone. The Planning Board must find the proposed project and use meets the criteria set forth in § 16.7.10D and § 16.2.12F.

The appeal or request must be filed with the Code Enforcement Officer on forms approved by the Board of Appeals and the party must specifically state on such forms the grounds for such appeal or request, including claimed discrepancies in the interpretation of this title and reasons why the appeal or request should be granted. Incomplete applications for appeals and/or requests will not be accepted. Upon receipt of an appeal or request application, the Code Enforcement Office must stamp a receipt date on the appeal or required form. Said date constitutes the filing date of the appeal or request. Applications for appeals or requests must include the following:

At any time between the initial acceptance by the Code Enforcement Officer of an appeal/request and final approval or denial of the appeal/request by the Board of Appeals, the owner or applicant must allow members of the Board of Appeals full access to the subject property, not including building interiors, without obtaining prior permission, written or oral.

Before taking any action on any appeal/request, the Board of Appeals must hold a public hearing and provide the following notifications:

Failure of any property owner to receive a notice of public hearing will not necessitate another hearing or invalidate any action by the Board of Appeals.

The person filing the appeal or request has the burden of proof.

A minimum of four like votes is required for a decision by the Board of Appeals, except on procedural matters.

The Board of Appeals must decide the appeal or request within 30 days after the close of the hearing and issue a written decision.

Written notice of the decision of the Board of Appeals must be sent to the appellant or petitioner, the Code Enforcement Officer, Conservation Commission, Planning Board and municipal department heads within seven days of the decision. The vote of each member must be part of the record. The written notice of the decision of the Board of Appeals must include the statement of findings. In the case of denials, the statement of findings must include the reason for the denial.

Where a special exception request or appeal is necessary as an integral part of a development review process, Board of Appeals action is encouraged prior to Planning Board review where required. The findings of the Board of Appeals as well as any file material must be made available to the Planning Board.

The Planning Board may give approval to the preliminary plan as an overall development prior to the applicant filing an appeal/request.

Before granting any special exception, the Board of Appeals may refer the application to the Planning Board and/or Port Authority for a report prior to any subsequent BOA review of the application.

The Planning Board and/or Port Authority report must be considered informational in character and may take into consideration the effect of the proposal upon the character of the neighborhood or any other pertinent data.

The Planning Board and/or Port Authority report must be submitted to the BOA for its consideration prior to the officially scheduled time of public hearing on the request.

Approvals granted under the provisions of this chapter expire if work or change in use involved is not commenced within six months of the date on which approval is granted, or if the work or change in use is not substantially completed within one year of the date on which such approval is granted, unless as otherwise provided for in the approval decision.

When circumstances are such that a plan with an approved appeal or special exception is required to be reviewed by another agency (e.g., DEP, Planning Board, Port Authority), any period the plan is at that agency, from time of submission to time of decision inclusive, verified by recorded documentation, will not be counted as part of the cumulative time periods described in the section above.

Should a successful appellant not be able to commence and/or substantially complete the work or change in use before the time constraints contained in Subsection E(10)(a) above, the appellant may reappear before the Board before the original approval expires and request an extension of the approval.

Such a request must be submitted, in writing, to the Code Enforcement Officer prior to the date of said approval expiration.

A request for the Board of Appeals to reconsider a decision must be filed with the Code Enforcement Officer within 10 days of the decision that is to be 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 requires a positive vote of the entire Board and proper notification to the landowner, petitioner, Planning Board, the Town Planner, including abutters and those who testified at the original hearing(s). The Board may conduct additional hearings and receive additional evidence and testimony.

Appeal of a reconsidered decision to the Superior Court must be made within 15 days after the decision on reconsideration.

In hearing appeals/requests under this section, the appropriate jurisdictional board must first establish that it has a basis in law to conduct the hearing and decide the question.

In hearing appeals/requests under this section, the appropriate jurisdictional board must use the following criteria as the basis of a decision, that:

The character of the existing and probable development of uses in the zone and the peculiar suitability of such zone for the location of any of such uses;

The conservation of property values and the encouragement of the most appropriate uses of land;

The effect that the location of the proposed use may have upon the congestion or undue increase of vehicular traffic congestion on public streets or highways;

The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use;

Whether the use, or materials incidental thereto, or produced thereby, may give off obnoxious gases, odors, smoke or soot;

Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise;

Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the Town or by other competent governmental agency;

The necessity for paved off-street parking;

Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use, or by the structures to be used, or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot;

Whether the use, or the structures to be used, will cause an overcrowding of land or undue concentration of population or unsightly storage of equipment, vehicles or other materials;

Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof;

Whether the proposed use will be adequately screened and buffered from contiguous properties;

The assurance of adequate landscaping, grading and provision for natural drainage;

Whether the proposed use will provide for adequate pedestrian circulation;

Whether the proposed use anticipates and eliminates potential nuisances created by its location; and

The satisfactory compliance with all applicable performance standard criteria contained in Chapters 16.6 and 16.7.

Front, side or rear yards in excess of minimum requirements;

Modifications of the exterior features of buildings or other structures;

Limitations on the size of buildings and other structures more stringent than the minimum or maximum requirements;

Regulation of design of access drives, sidewalks and other traffic features;

Off-street parking and loading spaces in excess of the minimum requirements; or

Restrictions on hours of operation.

Variances may not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances may be granted only upon:

Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances may be issued by the Board of Appeals for new construction, substantial improvements, or other development for the conduct of a functionally dependent use, provided that:

Variances may be issued by the Board of Appeals for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, without regard to the procedures set forth in Subsection F(6)(a) through (d) of this section.

Any applicant who meets the criteria of Subsection F(6)(a) through (e) of this section is to be notified by the Board of Appeals, in writing, over the signature of the Chairperson of the Board of Appeals, that:

The Board of Appeals must submit to the Planning Board 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.

The elimination of nonstormwater discharges to the storm drainage system, including, but not limited to, disconnection of the premises from the MS-4;

The immediate cessation of discharge practices or operations in violation of this section;

At the person's expense, the abatement or remediation (in accordance with best management practices in DEP rules and regulations) of nonstormwater discharges to the storm drainage system and the restoration of any affected property; and/or

The payment of fines, of the municipality's remediation costs, and of the municipality's reasonable administrative costs and attorneys' fees and costs. If abatement of a violation and/or restoration of affected property is required, the notice will set forth a deadline within which such abatement or restoration must be completed.

If abatement of a violation and/or restoration of affected property is required, or if immediate cessation is not possible or if elimination of the non-stormwater discharge is not possible within 60 days of identification of the source, the notice shall set forth a deadline within which such elimination, abatement, or restoration must be completed.

The CEO determines a longer reasonable time limit is necessary considering the nature and extent of the work required to correct the violation.

The CEO determines a shorter reasonable time limit is appropriate due to the threat posed by said violation to the health, safety and welfare of the public.

The CEO finds the violator has been previously served a notice of violation and order for a similar violation within the last 18 months; in which case the time limit for corrective action must be no more than five days.

Fine imposed: $200 for the first seven-day period the violation continues beyond the time specified for corrective action. Thereafter, each day the violation continues, a separate and specific violation with an additional minimum of $100 per day penalty for each day of the continuing violation up to a maximum penalty imposed of $2,500 for each specific violation, or the maximum as provided by 30-A M.R.S.A. § 4452, if greater.

When the violation set forth in the notice involves any cutting of tree(s) or other vegetation in violation of § 16.8.10O(2) or 30-A M.R.S.A. § 4452(3), the penalty provided by this section will be imposed from the date of notification of the violation in writing in addition to the required corrective action set forth in the § 16.2.13D.