Ogunquit City Zoning Code
ARTICLE 12
Survey Requirements of Land Use Application
[Added 11-6-2001]
§ 225-12.1 Purpose.
[Amended 6-8-2021 ATM by Art. 9]
The purpose of this article is to ensure that the municipal officials and boards required to decide applications for permits and approvals under this chapter have accurate information upon which to base those decisions. To that end, this article establishes requirements for the types of survey information required to be provided with certain types of land use applications governed by the Town's ordinances.
§ 225-12.2 Subdivisions.
[Amended 4-1-2006]
Every application for any approval required under Chapter 240, Subdivision Regulations, shall be accompanied by a Standard Boundary Survey, Category 1, Condition 3, which reflects the current conditions of the site. Plans showing engineering details submitted as part of the application shall be prepared by a professional engineer.
§ 225-12.3 Site plans.
[Amended 4-1-2006]
Every application for any approval required under a site plan review shall be accompanied by a Standard Boundary Survey, Category 1, Condition 3. However, the Town Planner or Planning Consultant may waive the requirement of this section and accept a plan of a lower classification, category or condition, provided the scale remains at one foot equals 40 feet, if the Planner or Planning Consultant determines that special characteristics of the site, such as a large parcel size (50 acres or greater) or large street frontage (500 feet or greater) or changes to only a specific location on a site plan so warrant. Plans showing engineering details submitted as part of the site plan application shall be prepared by a professional engineer.
§ 225-12.4 Variances.
[Amended 4-1-2006]
A.
Lots unimproved on effective date. Every application to the Ogunquit Board of Appeals for a variance for a lot not containing buildings or structures before the effective date of this article under this chapter shall be accompanied by a Standard Boundary Survey, Category 1, Condition 3.
B.
Lots improved on effective date. Every application to the Ogunquit Board of Appeals for a variance for a lot containing buildings or structures constructed on or after the effective date of this article under this chapter shall be accompanied by a mortgage-loan-inspection-type survey with existing pins located sufficient to determine the dimensions for which the variance is sought.
§ 225-12.5 Day-care centers.
[Amended 4-1-2006]
Every application to the Ogunquit Planning Board for site plan review approval of a day-care center under this chapter shall be accompanied by a mortgage-loan-inspection-type survey with existing pins located sufficient for the Board to determine compliance with the requirements of this chapter for the use sought.
§ 225-12.6 Single-family dwellings.
[Amended 4-7-2007]
Every application for a permit under this chapter for the construction of a new single-family dwelling shall be accompanied by a Standard Boundary Survey, Category 1, Condition 3. In addition, the location of the foundation shall be set and pinned by a professional land surveyor before the Code Enforcement Officer approves the footing inspection if:
A.
Any part of the proposed structure is to be located closer than five feet to the minimum front, side or rear yard setbacks required by the applicable zoning district regulations; or
B.
The Code Enforcement Officer determines that special conditions exist, such as:
(1)
Complex curves in the property lines;
(2)
The presence of wetlands, vernal pools, wildlife habitat areas, or other natural features requiring special setbacks or net residential area deductions under this chapter; or
(3)
Other unusual features of lot shape or topography.
§ 225-12.7 Additions to single-family dwellings.
[Amended 4-7-2007]
A.
Dwellings constructed before effective date. Every application for a permit under this chapter for the construction of an addition to a single-family dwelling which was constructed before the effective date of this article shall be accompanied by a Standard Boundary Survey, Category 1, Condition 3. In addition, the location of the foundation shall be set and pinned by a professional land surveyor before the Code Enforcement Officer approves the footing inspection if:
(1)
Any part of the addition is proposed to be located closer than five feet to the minimum front, side or rear yard setbacks required by the applicable zoning district regulations; or
(2)
The Code Enforcement Officer determines that special conditions exist, such as:
(a)
Complex curves in the property lines;
(b)
The presence of wetlands, vernal pools, wildlife habitat areas, or other natural features requiring special setbacks or net residential area deductions under this chapter; or
(c)
Other unusual features of lot shape or topography.
B.
Dwellings constructed after effective date. Every application for a permit under this chapter for the construction of an addition to a single-family dwelling which was constructed on or after the effective date of this article shall be accompanied by a mortgage-loan-inspection-type survey with all proposed yard dimensions and setbacks shown on the plan.
§ 225-12.8 Minor accessory structures.
[Amended 4-7-2007]
A.
Lots improved before effective date. Every application for a permit under this chapter for the construction of a minor accessory structure, as defined in § 225-12.10 below of this article, on a lot where the principal structure was constructed before the effective date of this article shall be accompanied by a Standard Boundary Survey, Category 1, Condition 3.
B.
Lots improved after effective date. Every application for a permit under this chapter for the construction of a minor accessory structure, as defined in § 225-12.10 of this article, on a lot where the principal structure was constructed on or after the effective date of this article shall be accompanied by a mortgage-loan-inspection-type survey with all proposed yard dimensions and setbacks shown on the plan.
C.
In the case of a minor accessory structure, the location of the foundation or base of the structure need not be set or pinned by a professional land surveyor.
§ 225-12.9 Major accessory structures.
[Amended 4-7-2007]
Every application for a permit under this chapter for the construction of a major accessory structure, as defined in § 225-12.10 below of this article, shall be accompanied by a Standard Boundary Survey, Category 1, Condition 3. In addition, the location of the foundation shall be set and pinned by a professional land surveyor before the Code Enforcement Officer approves the footing inspection if:
A.
Any part of the structure is proposed to be located closer than five feet to the minimum front, side or rear yard setbacks required by the applicable zoning district regulations; or
B.
The Code Enforcement Officer determines that special conditions exist, such as:
(1)
Complex curves in the property lines;
(2)
The presence of wetlands, vernal pools, wildlife habitat areas, or other natural features requiring special setbacks or net residential area deductions under this chapter; or
(3)
Other unusual features of lot shape or topography.
§ 225-12.10 Definitions.
[Amended 4-7-2007]
The following terms used in this article have the following meanings:
MAJOR ACCESSORY STRUCTURE
Any accessory structure which is not a minor accessory structure.
MINOR ACCESSORY STRUCTURE
A swimming pool, aboveground or in-ground, with associated decks and patios and any structure with a footprint of less than 250 square feet.
MORTGAGE LOAN INSPECTION TYPE SURVEY
A mortgage-loan-inspection-type survey shall be performed by a professional land surveyor in accordance with the state rules and regulations of the Maine Board of Licensure for Professional Land Surveyors regarding mortgage loan inspections.
PROFESSIONAL ENGINEER
An engineer licensed by the State of Maine to practice in the State of Maine.
PROFESSIONAL LAND SURVEYOR
A surveyor licensed by the State of Maine to practice in the State of Maine.
STANDARD BOUNDARY SURVEY, CATEGORY 1, CONDITION 3
A survey performed by a professional land surveyor which conforms to the requirements of a Standard Boundary Survey Category 1, Condition 3, in accordance with the state rules and regulations of the Maine Board of Licensure for Professional Land Surveyors.