Zoneomics Logo
search icon

Mechanic Falls City Zoning Code

ARTICLE I

General Provisions

§ 200-1.1 Title.

This chapter is known and cited as the "Zoning and Land Use Ordinance of the Town of Mechanic Falls, Maine."

§ 200-1.2 Authority.

[Amended 10-2-2023; 5-6-2024]
This chapter is adopted pursuant to the enabling provisions of Article VIII of the Maine Constitution, the provisions of Title 30-A M.R.S.A. § 3001 (Home Rule), the State's Growth Management Law, Title 30-A M.R.S.A. § 4321 et seq., and the Subdivision Law, Title 30-A M.R.S.A. § 4401 et seq.

§ 200-1.3 Purpose.

The purpose of this chapter is to ensure that land use changes or developments, which may have major or significant impacts on the Town, or parts thereof, will protect the health, safety, and welfare of the townspeople, consistent with the goals expressed in the Mechanic Falls Comprehensive Plan.

§ 200-1.4 When effective.

This chapter takes effect upon its enactment by the Town Council.

§ 200-1.5 Applicability.

The provisions of this chapter apply to all land, all land uses and all structures within the boundaries of the Town of Mechanic Falls. No building hereafter erected, moved, added to or structurally altered, no existing building or structure and no land shall be used except in conformance with this chapter.

§ 200-1.6 Conflict with other provisions.

Whenever a provision of this chapter conflicts with, or is inconsistent with, another provision of this chapter or of any other ordinance, regulation or statute, the more restrictive provision shall control.

§ 200-1.7 Severability.

Should any section or provision of this chapter be declared by the courts to be invalid, such decision does not invalidate any other section or provision of this chapter.

§ 200-1.8 Amendments.

Initiation and procedure.
Initiation. A proposal for an amendment to this chapter may be initiated by:
Appointed staff.
The Planning Board.
The Town Council, through a request to the Planning Board.
An individual, who may informally make requests for amendments pursuant to Subsection A(1)(a), (b), or (c) above, and if unsuccessful may pursue Subsection A(1)(e) below.
[Amended 10-2-2023]
A written petition signed by a number of Mechanic Falls voters equal to at least 10% of the registered voters of the Town.
Ordinance and ordinance amendment notifications.
[Amended 1-3-2000]
Ordinances and ordinance amendments. Maine State Law Title 30-A M.R.S.A. § 3002 requires seven days' notice by posting for enactment or revision by the legislative body of a municipality.
New or amended zoning ordinance or maps.
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:
Posted at the municipal office at least 13 days before the hearing; and
Published at least two times in a local newspaper of general circulation in the municipality. 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." These requirements for notice apply even to ordinances or maps being adopted or amended under the Growth Management Act.[1]
[Amended 5-6-2024]
[1]
Editor's Note: See 30-A M.R.S.A. § 4321 et seq.
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.
[Amended 10-2-2023; 5-6-2024]
The notice must contain a copy of the map indicating the portion of the municipality affected by the proposed amendment; and
The notice must be mailed to the owner of each parcel in or abutting the area affected by the proposed amendment by first class mail to the last known address of the person to whom property tax on each parcel is assessed. The municipal officers must prepare and file with the Municipal Clerk a written certificate indicating the name and address of the persons to whom notice was mailed, the date and location of the mailing and the person who actually mailed it (see 30-A M.R.S.A. § 4352, Subsection 10).
Zoning, generally. All notice requirements in 30-A M.R.S.A. § 4352 also apply to the adoption or amendment of floodplain development ordinances, since they fit the definition of "zoning ordinance" in 30-A M.R.S.A. § 4301.
[Amended 10-2-2023]
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(2)(d), Shoreland zoning, amended 10-2-2023, was repealed 5-6-2024.
Procedure.
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.
[Amended 10-2-2023]
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.
Enactment. Proposed amendments to this chapter require approval by a majority vote of the Town Council, for the amendment to be enacted.
[Amended 10-2-2023; 5-6-2024]