(a)

It shall be the duty of the code enforcement officer ("CEO") and/or town officers to enforce the provisions of this chapter.

(b)

In addition, the CEO and/or town officers are specifically authorized to enforce the following state statutes:

(1)

17 M.R.S.A. § 2856, relating to securing dangerous structures; and

(2)

30-A M.R.S.A. § 3751 et seq., relating to junkyards and automobile graveyards.

(c)

The CEO shall also be charged with bringing to the attention of the municipal officers for their consideration the existence of any dangerous building or structure pursuant to 17 M.R.S.A. § 2851 et seq.; any abandoned mobile home pursuant to 30-A M.R.S.A. § 3106-B.

(d)

This subsection shall not be construed to limit the CEO and/or town officers' enforcement authority pursuant to any other ordinance or statute.

(Code 1983, § 15-701; C.M. of 5-3-2016, V. 2016-103)

No building permit shall be issued for the erection, alteration or moving of a building or structure until the code enforcement officer shall have certified on the building permit that the plans and proposed use of the building conforms to all the provisions of this chapter.

(Code 1983, § 15-702)

No building or part of a building shall be erected, structurally altered, enlarged or moved unless a building permit for such action has been issued by the code enforcement officer.

(Code 1983, § 15-702(1))

No building or part of a building that has been erected, altered, enlarged or relocated shall be occupied or used unless a use permit for the proposed use has been issued by the code enforcement officer. A temporary use permit may be issued by the code enforcement officer for a period of not more than six months during the erection, enlargement or alteration. A use permit shall also be required for any of the following:

(1)

Number of units. Increase in the number of dwelling units in a building.

(2)

Nonconforming use. Change in the use of a nonconforming use of buildings or land.

(3)

Home occupation. Establishment of a professional or other office in a dwelling, as permitted by this chapter.

(4)

Vacant land. Occupancy and use of any vacant land, except for forestry or the raising of crops.

(Code 1983, § 15-702(2))

The code enforcement officer or the planning board in the instance of a conditional use permit shall make a positive finding when the application proposes activity within the shoreland area that the activity:

(1)

Will maintain safe and healthy conditions;

(2)

Will not result in water pollution, erosion or sedimentation to surface waters;

(3)

Will adequately provide for the disposal of all wastewater;

(4)

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

(5)

Will conserve shore cover and visual, as well as actual, points of access to inland waters;

(6)

Will protect archaeological and historic resources as designated in the comprehensive plan;

(7)

Will avoid problems associated with floodplain development and use; and

(8)

Is in conformance with the provisions of article VI of this chapter.

(Code 1983, § 15-702(3); T.M. of 5-16-1992, art. 86, § 15-702)

Applications for building permits, use permits, temporary use permits, appeals, and conditional use applications shall be determined by the town officers.

(Code 1983, § 15-703)

No building permit shall be issued for any structure or use involving the construction, installation or alteration of plumbing facilities unless a valid plumbing permit has been secured by the applicant or his authorized agent in conformance with the sanitary provisions of this chapter.

(Code 1983, § 15-704)

(a)

Each application to the code enforcement officer for a permit to erect a new building or structure or to enlarge or move an existing one shall be accompanied by a site plan showing the measurements of the lot and of all buildings, setbacks and parking spaces, existing and proposed. The intended use or uses of the land and buildings shall be indicated clearly.

(b)

Any other application for a building permit, and any application for a use permit, shall be accompanied by a description of the intended uses of the land and buildings and such further details as the code enforcement officer may require for a clear understanding of the case.

(Code 1983, § 15-705)

(a)

In lieu of formal prosecution of land use violations by the town against the owner/occupant of the property, the town may enter into an informal adjustment agreement with the owner/occupant. Such agreement shall serve the best interests of the town and shall be applicable where the code violation is on the basis of a permit or permission given by the town in due course of business or represents what may be termed an honest mistake by the owner/occupant or contractor, or may represent circumstances beyond the control of the owner/occupant or contractor. The owner/occupant will need to demonstrate, in order to be eligible for an informal adjustment agreement, that he has made a good-faith effort to comply with the letter of this chapter. An informal adjustment agreement shall only be appropriate in those instances where the structure causing the violation is not, and does not create, an unsightly condition and the structure is of a nature which is generally compatible with those in the neighborhood. The term "compatible" means that the offending structure is not substantially different in size, style or effect from those in the surrounding area.

(b)

Where the violation is of a bulk and/or space provision of this chapter, the town manager and the code enforcement officer shall have the authority to enter into an informal adjustment agreement on behalf of the town. In such instances, the town council shall be informed of the agreement by receipt of a copy.

(c)

The request for an informal adjustment agreement shall be made by the violator. The informal adjustment agreement shall contain a description of the nature of the violation; shall admit the violation; and, in order to resolve the violation, may contain any of the following:

(1)

A fine;

(2)

An agreement to make adjustments, repairs, renovations or relocation of the structure or any other remedial action or, if appropriate, no such action at all;

(3)

A statement that the town, in consideration for the informal adjustment agreement, will waive any further prosecution of the violation; and

(4)

A statement that the town will not require any fine or any remedial action.

(d)

A copy of the informal adjustment agreement shall be filed by the owner/occupant at the county registry of deeds within 30 days of its issuance. All costs for such recording shall be borne by the violator.

(e)

For purposes of administration of this section, the structure which forms the basis for the violation will continue to be considered a nonconforming structure, and shall be subject to the provisions for nonconformity as appear in this chapter.

(f)

Upon receipt of application for approval of an informal adjustment agreement, the code enforcement officer shall cause notice of the application to be sent, regular mail, postage prepaid, to all abutters to the property for which the informal adjustment agreement is requested. The notice shall indicate the nature of the violation and the relief requested. Any abutter shall have a period of ten days from the date of mailing of the notice to indicate any objection or make any comments regarding the application.

(g)

Any action or failure to act by the town manager under the provisions of this section shall be deemed an administrative act and shall be appealable under the appropriate provisions under this chapter, to be handled as an administrative appeal before the zoning board of appeals.

(T.M. of 12-7-1993, art. 8; T.M. of 11-3-2005, art. 6)

Pursuant to Home Rule authority granted to municipalities in the State of Maine under the Maine Constitution, Article VIII, and 30-A M.R.S.A. § 3001 et. seq., and in accordance with the provisions of 30-A M.R.S.A. § 2691, the Zoning Board of Appeals of the Town of Lisbon is hereby reconstituted, recreated and established.

(T.M. of 11-10-2004, art. 3)

The zoning board of appeals shall consist of seven full members who shall be appointed by the municipal officers and sworn into office by the town clerk or other person authorized to administer oaths. The term of office for each zoning board of appeals member shall be at least three years and no more than five years as determined by the municipal officers and shall be staggered terms. Those terms in place at the time of the adoption of this amendment shall continue for the remainder of each appointed term and terms that are designated as alternate, shall be full members.

(T.M. of 11-10-2004, art. 3)

When there is a permanent vacancy on the Lisbon Zoning Board of Appeals, the municipal officers should within 60 days of vacancy occurring, appoint a person to serve for the unexpired term. A vacancy shall occur when a zoning board of appeals member resigns, ceases to be a legal resident of the Town of Lisbon, passes away or fails, without good cause, to attend 75 percent of the regularly scheduled zoning board of appeals meetings during the preceding 12 months. The municipal officers may remove members of the zoning board of appeals by unanimous vote, for cause, after due process including notice and hearing.

(T.M. of 11-10-2004, art. 3; C.M. of 11-15-2011, V. 2011-208)

All members of the zoning board of appeals must be residents of the Town of Lisbon and registered voters. A municipal officer, planning board member, or the spouse of a municipal officer, planning board member or a zoning board of appeals member may not be a member of the zoning board of appeals.

(T.M. of 11-10-2004, art. 3; C.M. of 11-15-2011, V. 2011-208)

(a)

Officers. The officers of the zoning board of appeals shall be a chairman, vice chairman, secretary and such other officers as the board may choose from its membership. Officers shall be elected at the first regularly scheduled zoning board of appeals meeting following the annual town meeting. The term of office for officers is one year; officers may succeed themselves in office if so elected.

(b)

Duties.

(1)

Chairman. The chairman is responsible for calling the meetings of the zoning board of appeals, working with the codes enforcement officer to establish agendas for the meetings, presiding at meetings, and representing the zoning board of appeals before the town council and other town groups and shall be the official spokesman for the board.

(2)

Vice chairman. The vice chairman is responsible for carrying out the duties of the chairman in his/her absence or incapacity.

(3)

Secretary. The secretary is responsible for maintaining a permanent record of all board meetings and activities and all correspondence of the board and maintaining those records which are required as part of the various proceedings which may be brought before the board. All such records are deemed to be public records and shall be filed in the municipal clerk's office and available for inspection at reasonable times during normal office hours.

(T.M. of 11-10-2004, art. 3)

The chairman may schedule meetings as necessary. The chairman shall call a meeting of the zoning board of appeals within seven days upon written request of any three members of the zoning board of appeals. All meetings of the zoning board of appeals must be announced to the public at least 72 hours prior to the start of the meeting by either posting, advertising, or mailing notices. A notice of the zoning board of appeals agenda must be disseminated in a manner reasonably calculated to notify the general public. If the meeting is a public hearing of the board, then a notice of hearing shall be mailed, at least ten days in advance of the hearing, to the applicant and to all abutters. All meetings of the zoning board of appeals are open to the public, except that the zoning board of appeals may go into executive session as permitted under the Maine Freedom of Information Act.

(T.M. of 11-10-2004, art. 3; C.O. of 8-19-2008, § 2008-134)

No official business shall be conducted at a Lisbon Zoning Board of Appeals meeting without a quorum, which shall consist of four zoning board of appeal members; if there is fewer than a quorum in attendance, those in attendance may decide to adjourn the meeting to another date certain. The board may establish rules and procedures that will govern the conduct of its meetings and other business, which shall be recorded by the secretary. The chairman may waive any procedural requirement for good cause shown.

(T.M. of 11-10-2004, art. 3)

Every party has the right to present that party's case or an objection to an application, by oral or documentary evidence, to submit rebuttal evidence and to conduct such inquiry as may be required for a full and true disclosure of the facts. The board may exclude evidence that it determines to be irrelevant, immaterial or unduly repetitive.

(T.M. of 11-10-2004, art. 3)

A member of the zoning board of appeals may not vote or participate in any matter in which he/she has a direct or indirect financial or any other interest that might be interpreted as affecting the member's ability to fairly and impartially consider and vote on the pending matter. Any question of whether a particular issue involved a conflict of interest sufficient to disqualify a member from voting thereon must be decided by a majority vote of the members, except the member who is being challenged. A member of the zoning board of appeals may not represent any third party in matters coming before the zoning board of appeals.

(T.M. of 11-10-2004, art. 3)

(a)

Administrative appeals. To hear and decide appeals within 30 days, where it has been alleged that there is an error in any interpretation, determination, order, requirement or decision made by the codes enforcement officer or a failure to act by the codes enforcement officer or in any other administrative matter involving the codes enforcement officer in the administration of any applicable land use or building related ordinances of the Town of Lisbon. In acting on administrative appeals, the zoning board of appeals may sustain the action or inaction of the codes enforcement officer or may modify or reverse his or her action if the zoning board of appeals decides that the codes enforcement officer was in error.

(b)

Planning board appeals. To hear and decide appeals from any final decision of the planning board, within 30 days of the date of the decision, by any aggrieved party. The appeal shall be on the basis of the record compiled by the planning board and additional submissions provided by the appellant and other aggrieved parties and the decision shall be made on the basis of this record and material and shall not be a hearing de novo. The burden of proof shall be on the appellant to demonstrate that the planning board has made an error of law, an error in application of the particular ordinance, or an error of fact or interpretation of fact. The zoning board of appeals shall have the power to affirm, reverse, or modify, with or without conditions, the decision of the planning board or, if the record is not sufficient or further information needs to be provided, to remand the matter back to the planning board for further proceedings.

(c)

Variance appeals. To hear and decide requests for variances from the strict enforcement of the provisions of the Land Use Ordinances of the Town of Lisbon in accordance with the standards set forth in section 70-91 et seq.

(d)

Informal adjustment agreement. To hear and decide appeals from decisions of the town manager on applications for informal adjustment agreements in accordance with section 70-91.

(T.M. of 11-10-2004, art. 3; C.M. 7-16-2024, V. 2024-119)

The record and all matters before the board shall consist of a transcript or tape recording of the board meeting and any transcription of the meeting, together with the exhibits and all other papers, documents or submissions filed in the proceeding. Decisions made by the board shall be a part of the record and shall include a statement of findings and conclusions as well as the basis for the findings and conclusions, upon all material issues of fact, law or discretion presented, as well as the appropriate order, relief or denial issued by the board. The notice of decision must be mailed or hand delivered to the petitioner, the petitioner's representative or agent, the board or municipal officer whose decision has been appealed, within seven days of the board's decision.

(T.M. of 11-10-2004, art. 3)

Any party may take an appeal from the decision of the zoning board of appeals, within 45 days of the date of the vote on the original decisions, in accordance with the provisions of 30-A M.R.S.A. § 2691(3)(G).

(T.M. of 11-10-2004, art. 3)

Variances allowed under this division may only be granted from the following dimensional requirements: Lot width; lot frontage; lot area; structure height; lot coverage; setbacks; yards; or open spaces. Establishment or expansion otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in the district or uses in adjoining districts. Variances may not be granted for the establishment of any uses otherwise prohibited by this division. The zoning board of appeals shall grant a variance only by concurring vote of at least four members.

(T.M. of 11-10-2004, art. 3)

The zoning board of appeals shall determine, in specific cases, where a relaxation of the terms of this chapter would not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the results of actions by the applicant, a literal enforcement of the requirements of this chapter would result in an undue hardship. The proposed structure must meet all other bulk, space and dimensional requirements except for the specific provision which has created the nonconformity and from which relief is sought. The term "undue hardship" shall mean:

(1)

That the land in question cannot yield a reasonable return unless a variance is granted;

(2)

That the need for a variance is due to the unique circumstances of the property and not the general condition in the neighborhood;

(3)

That the granting of a variance will not alter the essential character of the locality; and

(4)

That the hardship is not the result of action taken by the applicant or a prior owner.

(T.M. of 11-10-2004, art. 3)

The board of appeals shall limit any variances granted as strictly as possible in order to insure conformance with the ordinance purposes and provisions to the greatest extent possible. The zoning board of appeals is empowered to impose conditions on the property owner if it finds that such conditions are necessary to protect abutting property owners or the community as a whole from adverse impacts resulting from the granting of a variance. The party receiving the variance shall comply with any conditions imposed.

(T.M. of 11-10-2004, art. 3)

(a)

Variance requests. A copy of each variance request, within the Shoreline Zoning District, including the application and all supporting information supplied by the applicant, shall be forwarded by the municipal officials to the commissioner of the 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 shall be made part of the record and shall be taken into consideration by the board of appeals.

(b)

Variances granted. A copy of all variances granted within the Shoreline Zoning District by the board of appeals shall be submitted to the department of environmental protection within 14 days of the decision.

(T.M. of 11-10-2004, art. 3)

Variance limitations are as follows:

(1)

Front setback. Decrease of front setback by 50 percent.

(2)

Lot coverage. Increase of lot coverage by five percent. Limit impervious surface ratio to 90 percent in village, commercial and industrial districts. Limit impervious surface ratio to 25 percent in limited residential, general residential and rural residential districts. Limit reduction of minimum lot size by one-third.

(3)

Lot size. The absolute minimum lot size shall be 20,000 square feet where public water and sanitary sewer are not available.

(4)

Frontage. Where required lot size is reduced, the frontage may be reduced by one-third.

(5)

[Planned unit developments.] PUD planned unit developments on a cul-de-sac are subject to the provisions of section 70-751 et seq.

(6)

Two lots. Frontage and width reduction up to 25 percent involving no more than two lots.

(7)

Nonconforming use. A nonconforming use may be expanded up to 25 percent of the area formerly in use provided all other provisions of the zone can be met.

(8)

Mobile homes. A replacement mobile home may be of a size up to 50 percent larger than the former mobile home provided all other provisions of the zone can be met. The board of appeals shall require as much of the specific provisions of the zone to be met as are feasible and reasonable, as defined in section 70-3.

(9)

Lot of record. A single lot of record as of January 1, 1975, may be used for permitted uses if determined by the board of appeals that the general intent of this chapter will be met.

(T.M. of 11-10-2004, art. 3; C.M. of 2-3-2015, V. 2015-39)

(a)

The zoning board of appeals may, in accordance with 30-A M.R.S.A. § 4353(4-B), grant a variance to the set-back requirement of the space and bulk regulations provided all of the following criteria are met:

(1)

The single-family dwelling is the primary year-round residence of the person seeking the variance.

(2)

The granting of the variance will not cause the area of the dwelling to exceed the maximum permissible lot coverage according to the space and bulk regulations.

(3)

The need for a variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood.

(4)

The granting of a variance will not alter the essential character of the locality.

(5)

The hardship is not the result of action taken by the applicant or a prior owner.

(6)

The granting of a variance will not substantially reduce or impair the use of abutting property.

(7)

That the granting of a variance is based upon demonstrated need, not convenience, and no other feasible alternative is available.

(b)

A variance granted under this subsection may not exceed 20 percent of the set-back requirement.

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 shall restrict any variance granted under this subsection solely to the installation of equipment of the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The board may impose conditions of 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" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.

(T.M. of 11-10-2004, art. 3; T.M. of 7-21-2009, § 2009-109)

Editor's note— C.M. of 12-2-2014, V. 2014-257, repealed § 70-158, which pertained to size increase in signs, and derived from T.M. of 11-10-2004, art. 3.

A variance granted by the zoning board of appeals expires if the work or change involved has not commenced within six months of the date on which the variance was granted or if the work or change has not been substantially completed within one year of the date of approval, unless otherwise extended by the zoning board of appeals.

(T.M. of 11-10-2004, art. 3)

If the zoning board of appeals denies a variance, a second request of a similar nature cannot be brought before the zoning board of appeals within one year of the date of the first request unless, in the opinion of the majority of the zoning board of appeals, substantial new evidence can be brought forward or unless the zoning board of appeals finds, in its sole and exclusive judgment, that an error of law or misunderstanding of facts has been made.

(T.M. of 11-10-2004, art. 3)

The zoning board of appeals retains the right to rescind any approval of a variance if further information or additional investigation reveals a misrepresentation of the information presented to the zoning board of appeals.

(T.M. of 11-10-2004, art. 3)

Any construction activity commenced prior to the granting of a required variance is a violation of this chapter.

(T.M. of 11-10-2004, art. 3)