Mechanic Falls City Zoning Code

If the Town is going to adopt a new zoning ordinance or map or amend an existing one, the Planning Board must conduct a public hearing on the on the proposal. The hearing must be preceded by public notice, which is:

If the Town is amending an existing zoning ordinance or map which does not involve a zoning ordinance adopted under the Growth Management Act, additional notice requirements may come into play. If the proposed amendment affects only a certain geographical area of the municipality and has the effect of either prohibiting all industrial, commercial or retail uses in a geographical area where any of these uses is currently permitted or if it would permit an industrial, commercial or retail use where such a use is currently prohibited, certain notice to individual landowners is required.

Upon receiving the Planning Board's recommendation, the Town Clerk is required to distribute a copy of the proposed amendment to each Council member and to the Town Manager. The Town Clerk is required to file three copies in the office of the Clerk and such other public places as the Council may designate for inspection by the public. A notice setting out the time and place for a public hearing shall be given at least 13 days at the municipal office before the hearing, and published at least two times in a newspaper having a general circulation in Mechanic Falls before any amendment is passed. The date of the first publication must be at least 12 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," but nothing herein shall be deemed to require publication of the amendment itself. The public hearing may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time. All persons interested must be given a reasonable opportunity to be heard. After the hearing, the Council may adopt the amendment with or without amendment or reject it; but if it is amended as to any matter of substance, the Council may not adopt it until the amendment or its amended sections have been subjected to all the procedure hereinbefore required in the case of a newly introduced amendment.

When a change in land use district boundaries is proposed, the application must state the nature, extent, and location of the proposed boundary change and must be accompanied by a site plan drawn to scale with dimensions showing the areas to be changed. The application must include a statement regarding the way in which the proposed amendment complies with or promotes the Town's Comprehensive Plan and must show documentation of right, title or interest in the property to be rezoned. All requests for amendments to the text of this chapter, or for changes in district boundary lines, or other proposals to change the Zoning Map initiated by other than the appointed staff, Council or the Planning Board must be accompanied by a fee established by the Council. No such request or proposal shall be referred to the Council for public hearing unless and until the filing fee is paid. In addition, the applicant shall pay all required publication fees prior to the public hearing.

No proposed amendments to the text of this chapter or proposed changes in the land use district boundary lines or other proposed changes to the Zoning Map are to be referred to the Town Council until the Planning Board has formally received them. The Planning Board may make a recommendation to the Town Council for adoption, with or without changes, or for defeat of the proposed amendment. In considering the proposed amendment or change, the Planning Board may, without altering the meaning, intent, or substance of the proposal, put it into such language or form that is appropriate to the format of this chapter.