Mechanic Falls City Zoning Code
ARTICLE II
Administration, Enforcement and Penalties
§ 200-2.1 Administering bodies and agents.
A.
Code Enforcement Officer.
(1)
Appointment. A Code Enforcement Officer (CEO) must be appointed or reappointed annually by the Town Council.
(2)
Powers and duties. The CEO has the following powers and duties:
(a)
Interpret and enforce the provisions of this chapter and any others which call for CEO action.
(b)
Act upon building and use permit applications, review applications requiring conditional use or special exception permits, and refer requests for variances and administrative appeals to the Board of Appeals.
(c)
Enter any property at reasonable hours, with the consent of the property owner, occupant or agent, to inspect the property or structure for compliance with pertinent laws or ordinances.
(d)
Investigate complaints and reported violations.
(e)
Make and keep written inspection reports and records of other activities.
(f)
Collect application fees.
(g)
Issue violation notices.
(h)
Participate in appeals procedures.
(i)
Appear in court.
(j)
Attend such meetings of the Board of Appeals and of the Planning Board, as necessary or desirable.
(k)
Revoke any permits issued in error or which are based on erroneous information.
(l)
Exercise any additional powers or duties authorized by the statutes.
B.
Building Inspector.
(1)
Appointment. A Building Inspector must be appointed or reappointed annually by the Town Council.
(2)
Powers and duties. The Building Inspector has the following powers and duties in conjunction with the CEO:
(a)
Act upon building permit applications in conjunction with CEO.
(b)
Enter any property at reasonable hours, with the consent of the property owner, occupant or agent, to inspect the property or structure for compliance with pertinent laws or ordinances.
(c)
Make written inspection reports of activities related to permits and building inspections and forward said reports to the CEO.
(d)
Recommend to the CEO the revocation of any permits issued in error or which are based on erroneous information.
(e)
Exercise any additional powers or duties authorized by the statutes, Town Charter, Town Council or Town Manager as may be warranted.
C.
Planning Board. The powers and duties of the Planning Board include advising the Town Council of changes to this chapter, or any part thereof. In addition, the Planning Board is responsible for reviewing and acting upon applications for conditional use or special exception permits which require issuance, and use permits as requested by CEO.
D.
Board of Appeals. The powers and duties of the Board of Appeals include hearing and making binding decisions in regard to decisions of the Planning Board and Code Enforcement Officer, and granting or rejecting variance requests. The Board of Appeals must be maintained in accordance with the provisions of 30-A M.R.S.A. § 2691. It must conduct its affairs as specified below:
(1)
Administrative appeals:
(a)
To consider appeals in which an aggrieved party alleges that there was:
[1]
A procedural error or omission in any action taken by the Code Enforcement Officer in the administration or enforcement of this chapter; or
[2]
A procedural error or omission in any action taken by the Planning Board.
(b)
When errors of administrative procedures or interpretation are found, the case must be remanded back to the Code Enforcement Officer or Planning Board for correction as appropriate.
(2)
Variance appeals. To consider variance appeals, within the limitations set forth in this chapter.
(a)
Dimensional variances may be granted only from dimensional requirements, including, but not limited to, frontage (including shore frontage), lot area, structure height, percent of lot coverage, and setback requirements (except waterfront setbacks).
(b)
Use variances cannot be granted.
(c)
Conditions for granting of variance.
[1]
The Board must not grant a variance unless it finds that both:
[a]
The proposed structure would meet the requirements of this chapter, except for the specific provision which has created the nonconformity and for which relief is sought; and
[b]
The strict application of the terms of this chapter would result in undue hardship.
[2]
The term "undue hardship" must mean all of the following:
[a]
That the land in question cannot yield a reasonable return, unless a variance is granted;
[b]
That the need for a variance is due to the unique circumstances of the property and not to general conditions in the neighborhood;
[c]
That the granting of a variance will not alter the essential character of the locality; and
[d]
That the hardship is not the result of action taken by the applicant or a prior owner.
(d)
The Board of Appeals must limit any variances granted as strictly as possible to ensure maximum conformance with the purposes and provisions of this chapter and, in doing so, may impose such conditions on a variance as it deems necessary. The party receiving the variance must comply with any conditions imposed.
(e)
A copy of any such variances granted by the Board of Appeals must be submitted to the Planning Board within seven days of the decision.
[Amended 5-6-2024]
(f)
Any variance granted must be filed, by the grantee, with the Androscoggin County Registry of Deeds within 90 days of such decision by the Board of Appeals.
(3)
Disability variance. The Board may grant a variance to a property owner for the purpose of making that property accessible to a person with a 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.
§ 200-2.2 Permits required.
After the effective date of this chapter, no person may engage in, or expand, any building or land use activity which requires a permit without first obtaining a permit, or permit amendment, for any such activity, as described below. Land use permits in accordance with the following must be secured prior to obtaining the appropriate building, plumbing or other appropriate construction permit.
A.
A use permit must be obtained from the Code Enforcement Officer (CEO) for the uses so marked in Table 1[1] before commencing the construction, alteration, location or replacement of any structure, use, or part thereof (including subsurface wastewater disposal system) or foundation.
[1]
Editor's Note: Table 1 is included in § 200-4.2.
B.
A conditional use permit must be obtained from the Planning Board following development review for the uses so marked in Table 1.
C.
A special exception permit must be obtained from the Planning Board following development review for the uses so marked in Table 1.
D.
A building permit must be obtained whenever structural improvements, structural alterations and structural renovations will be taking place, and those structural changes shall have a value of $1,000 or greater or affect an area of 100 square feet or more.
E.
No occupancy of a new or rehabilitated building may occur until a certificate of occupancy, attesting to the compliance with the Town's building standards related to public health and safety, has been obtained from the Building Inspector.
F.
An electrical permit must be obtained from the Code Enforcement Officer for the installation of wires and fixtures for new construction, additions to existing structures and repairs to structures that alter the existing wiring.
[Amended 2-7-2005]
G.
A plumbing permit must be obtained from the Code Enforcement Officer for the installation of all water distributing and drainage pipes, hot water storage tanks, hot water heaters, or new installation of faucets, valves and plumbing fixtures.
[Amended 2-7-2005]
H.
A subsurface wastewater disposal permit must be obtained from the Code Enforcement Officer for the installation of a new, expanded, or replacement wastewater disposal system or any individual components of such system.
[Amended 2-7-2005]
I.
A driveway entrance permit must be obtained from the Road Commissioner for the creation of any new entry from the roadway to a parcel that will provide access for motor vehicle traffic.
[Amended 2-7-2005]
J.
A street opening permit must be obtained from the Road Commissioner for any excavation, by hand or machine, within the public right-of-way on which the Town performs any highway maintenance operations.
[Amended 2-7-2005]
K.
A sign permit must be obtained from the Code Enforcement Officer for any new or replacement nonresidential sign.
[Amended 4-1-2013]
L.
No permit of any sort is required for a use that meets all the following:
(1)
It is done from the person's primary residence and is clearly incidental to residency.
(2)
No other nonresident employees may work out of the home at any time.
(3)
The person commutes to work sites; people do not come to them to do business.
(4)
The work done in the home is purely phone or computer communications, accounting, organizational, written products; no building or fashioning of products. (Examples of this would be Avon® salespeople, independent insurance representative, transcriptionist, one-man plumber with van.)
(5)
No sign whatsoever is placed on the property to designate the business.
(6)
No outdoor storage of materials or business-related vehicles is allowed.
§ 200-2.3 Permit application.
A.
Every permit applicant must submit, on a form provided by the Town to the appropriate official(s), a written application.
B.
All applications must be signed by the owner(s) or lessee(s) of the property, or other person with a letter of authorization from the owner(s) or lessee(s), and such signature must certify that the information in the application is complete and correct.
C.
All applications must be dated, and the Code Enforcement Officer or Planning Board, as appropriate, must note upon each application the date and time of its receipt.
D.
A subsurface wastewater disposal permit or a completed application for a subsurface wastewater disposal permit, including any site evaluation approved by the Plumbing Inspector, must be submitted whenever the nature of the proposed use or structure would require the installation of a subsurface wastewater disposal system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 200-2.4 Procedure for administering permits.
A.
Building or use permits.
(1)
The CEO and Building Inspector must render a decision on a building permit within 14 days of receipt of complete application. The CEO must render a decision on a use permit within 14 days of receipt of a complete application.
(2)
No permit application that has been denied by the CEO may be resubmitted within 12 months of the date of denial unless conditions and/or the relevant section of this chapter have changed.
[Amended 10-5-1998]
B.
Conditional use permits and special exception permits.
(1)
Within 30 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as appropriate, must notify the applicant, in writing, either that the application is a complete application or, if the application is incomplete, that specified additional material is needed to make the application complete.
(2)
Once an application has been determined complete, the Planning Board must approve or deny the application within 30 days of a public hearing or, if no public hearing, within 60 days of determination of completeness. If a public hearing is held, it must take place within 30 days of determination of completeness.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Permits must be approved if the proposed use or structure is found to be in conformance with the purposes and provisions of this chapter. Permits may be made subject to reasonable conditions to ensure conformity with the purposes and provisions of this chapter, and the permittee must comply with such conditions. If a permit is either denied or approved with conditions, the reasons must be stated in writing.
(4)
No approval must be granted for an application involving a structure, if the structure would be located in an unapproved subdivision, or would violate any other local ordinance or regulation, or any state law for which the Town has responsibility.
(5)
The burden of proof that a proposed land use activity is in conformity with the purposes and provisions of this chapter lies with the applicant.
(6)
No permit application that has been denied by the Planning Board may be resubmitted within 12 months of the date of denial unless conditions and/or the relevant section of this chapter has changed.
[Amended 10-5-1998]
§ 200-2.5 Application fees.
Application fees are to be paid to the Town Clerk upon submittal of application in accordance with the Town's established fee schedule.
§ 200-2.6 Expiration of permit.
[Amended 6-1-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Failure to complete all project requirements and conditions of a permit issued pursuant to this chapter within 13 months of the date of the permit's issue, or as conditioned, will cause the permit to become void, except as provided in § 200-3.5J for conditional use and special exception permits subject to development review. Six-month extensions may be granted by the permitting authority upon a timely request, following a review of justification with the permittee.
B.
Resumption is prohibited for any use, conditional use or special exception permit that has been discontinued for a period exceeding one year (365 days). A new permit will be required by the permitting authority for the continuance of such use.
§ 200-2.7 Installation of public utility service.
No public utility, water district, sanitary district or any other utility company may install, or connect services to, any new use or structure requiring a permit under this chapter, unless written authorization attesting to the validity and currency of all permits required under this chapter has been issued by the appropriate Town official(s). Following installation of service, the company or district must forward a copy of the written authorization to the Town official(s) and indicate that installation has been completed.
§ 200-2.8 Enforcement.
A.
Enforcement procedure. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. The CEO shall follow the Town's approved citation system of code enforcement, which is included herein as Article IX.
B.
Legal actions.
(1)
When the Town's citation system does not result in the correction or abatement of the violation or nuisance condition, the Town Council, upon notice from the CEO, is directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions and the imposition of fines, as may be appropriate or necessary to enforce the provisions of this chapter.
(2)
The Town Council, or its authorized agent, may enter into administrative consent agreements for the purpose of eliminating violations of this chapter and imposing fines without court action. Such agreements should not allow an illegal structure or use to continue, unless there is clear and convincing evidence that the illegality was a direct result of erroneous information or advice given by an authorized Town official, and there is no evidence that the owner/violator acted in bad faith.
C.
Penalty. Any person failing to comply with any lawful order or direction of the CEO in the enforcement of this chapter is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $100 for each day of such violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Revocation of permits. A permit issued by the Planning Board or a permit issued by the Code Enforcement Officer may be revoked.
[Amended 5-1-2000]
(1)
Grounds for revocation shall include the following:
(a)
Fraudulent or erroneous information on the application or permit issued in error.
(b)
Violation of the terms of the conditions of the permit.
(c)
Violation of state or federal statutes or regulations, or Town ordinances resulting from work done under the terms or conditions of the permit.
(d)
Unsafe or hazardous work conditions or conditions which would damage the environment or endanger public safety.
(2)
The Planning Board may revoke a permit issued by the Board on the grounds contained in Article II, § 200-2.8D, of this chapter. A permit shall be revoked at a regular meeting of the Board or a special meeting of the Board. The permittee shall be notified in writing, by certified mail, of the Board's intention to consider revocation of the permit. Notice shall be mailed not less than 10 days prior to the meeting considering the revocation.
(3)
The Code Enforcement Officer may revoke a permit issued by the officer on the grounds contained in Article II, § 200-2.8D, of this chapter. Revocation of the permit shall be made in writing and sent by certified mail to the permittee.
(4)
Persons whose permits have been revoked may appeal to the Board of Appeals as provided for in Article VI of this chapter. Revocation of the permit shall not be stayed during the period of appeal.
