Topsham City Zoning Code
ARTICLE IX
Administration, Enforcement and Penalties
§ 225-61 Activities exempt from building permit requirements.
The following activities shall not require a building permit: repairs, replacement and/or normal maintenance not requiring structural elements, decorative changes in existing structures or buildings, provided that the activity is in conformance with federal, state or local laws and does not involve any physical modifications or changes requiring a permit under this chapter.
§ 225-62 Permit application.
Every applicant for a permit shall submit a written application which shall include, for structures to be erected, structures to be moved and exterior additions to existing structures:
The shape, size and location of the lot for which application is made.
The shape, size and location on the lot of the proposed structure and of any proposed additions to existing structures with reference to the distance from all lot lines.
The shape, size and location of any other existing structures on the lot with reference to the distance from all lot lines.
The location of adjacent structures on adjacent lots with reference to the distance from the lot line.
The above requirements shall not apply to alterations wholly within an existing structure.
All applications shall also include:
The name and address of the property owner.
The name, address and telephone number of the person, firm or firms involved in the construction on the property.
The value of the proposed construction.
A statement of the proposed use for any new or moved structure or altered portion of an existing structure.
Any other information the applicant wishes to furnish.
Any other information requested by the Code Enforcement Officer to make the application intelligible and to determine whether the proposed construction will conform to this chapter, other local ordinances and state law. If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted.
A certification that the information in the application is complete and correct to the best of the applicant's knowledge and belief.
All applications shall be signed by the person or firm to do the work and/or by the owner of the property or other person authorizing the work.
All applications shall be dated, and the Code Enforcement Officer shall note upon each application the date and time of its receipt at his office.
Upon receipt of a permit application the Code Enforcement Officer shall:
Decide whether the information in the application is sufficient for him to determine whether, under this chapter, the permit should be issued or if the application is otherwise inadequate. If he feels the application is insufficient or inadequate, he shall at once notify the applicant in writing, indicating what the necessary information required to correct the application is. If the application is not so corrected, he shall deny it.
When an application conforms to the provisions of this chapter and other codes and ordinances of the town, upon payment of the required fee, he shall within 10 days of its receipt issue the permit. He shall notify the Tax Assessor and keep a copy of the application/permit in a permanent file in his office.
If the application does not conform, he shall, within 10 days, deny the permit in writing, stating therein his reasons for such denial. In the event that the proposed building or structure is so constructed or is of such usage as to require a review of the application by other authorities or boards, as determined by reference to the land use regulation file, the Code Enforcement Officer shall refer the applicant to the appropriate authority or board for review, approval or denial. Upon his receipt of the decision of the reviewing authority or board, in writing, and if such decision is an approval, the Code Enforcement Officer shall issue the permit with any conditions prescribed by the reviewing authority or board. The Code Enforcement Officer shall not issue any building permit if he has knowledge that a particular structure would be located in an unapproved subdivision, and/or if he has knowledge that the structure would be in violation of a particular state law or local ordinance. In denying any permit under these circumstances, the Code Enforcement Officer shall state in writing the reasons for the denial.
If he shall fail, for any reason, within 10 days either to issue a permit or deny an application in writing, such failure shall be deemed a denial so that the applicant may appeal to the Board of Appeals if he so wishes.
Following the issuance of a building permit, if no substantial start is made on the construction within six months of the date of the permit, it shall lapse and become void. Thereafter no further work on such construction can be made until a new application has been made and approved as aforesaid. The fee for such permit shall be charged as a renewal fee.
Any permit issued which is not in conformity with the provisions of this chapter confers no rights and is void. Any structure completed prior to the enactment of this chapter shall be deemed to meet the setback requirements of this chapter if a building permit was issued prior to commencement of construction of the structure.
§ 225-63 Certificate of occupancy.
A certificate of occupancy issued by the Code Enforcement Officer is required in advance of the use or occupancy of:
No certificate of occupancy shall be issued unless the lot or building or structure complies with all the provisions of this chapter and other local and state laws. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land involved. The certificate of occupancy shall state specifically the uses which it permits.
§ 225-64 Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violations and ordering the action necessary to correct it. He shall order the removal of illegal buildings, structures, additions or work being done or shall take any other action authorized by this chapter to ensure compliance with, or to prevent violation of, its provisions.
The Code Enforcement Officer should maintain a current file of all pertinent federal, state and local statutes, ordinance regulations, codes and plans relating to land use regulation, including local subdivision plans.
The Code Enforcement Officer shall conduct on-site inspection to ensure compliance with all applicable laws and conditions attached to approval. The Code Enforcement Officer may enter any property at reasonable hours and enter any structure with the consent of the property owner, occupant or agent to inspect the property or structure for compliance with the law or ordinances set forth in this section. If consent is denied, he should obtain an administrative warrant before entering the property. The Code Enforcement Officer may revoke a permit if it was issued in error or if based on erroneous information.
§ 225-65 Legal action.
[Amended 5-20-1992 ATM, Art. 23; 6-1-1993 STM, Art. 20]
When any violation of any provision of this chapter shall be found to exist, the Code Enforcement Officer is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary to enforce the provisions of this chapter in the name of the town, in accordance with 30-A M.R.S.A. § 4452.
§ 225-66 Violations and penalties.
[Amended 5-20-1992 ATM, Art. 23; 6-1-1993 STM, Art. 20]
Any person, including but not limited to a landowner, his agent or a contractor who violates a provision of this chapter shall be liable for penalties set forth in 30-A M.R.S.A. § 4452. Fines shall be payable to the town.
§ 225-67 Conditional use permits.
[Amended 5-22-1991 ATM, Art. 28; 6-1-1993 STM, Art. 24]
Authorization. The Board of Appeals and the Planning Board are hereby authorized to hear and decide upon applications for conditional use permits in accordance with state law and the provisions of this chapter. The Planning Board shall hear and decide upon all applications for conditional use permits for those uses which also require site plan review. The appropriate Board shall approve, approve with modifications or conditions or disapprove an application for a conditional use permit. No conditional use permit shall be authorized unless specific provision for such conditional use is made in this chapter.
Existing conditional use or structure.
A conditional use which existed prior to the effective date of this chapter may not be changed to another conditional use nor substantially expanded or altered except in conformity with all regulations of this chapter pertaining to conditional uses. "Substantial expansion" shall be defined as:
No changes shall be made in any approved conditional use without approval of the change by the board which granted the initial conditional use approval.
Application procedure. A person informed by the Code Enforcement Officer that he requires a conditional use permit or special event permit shall file an application with the appropriate board on forms provided for the purpose. The applicant shall be responsible for filing a fee and deposit as indicated in Chapter 109 of the Town Code. The following information must be present on all applications:
[Amended 5-20-1998 STM, Art. 35; 5-20-2004 STM, Art. 16]
Name and address of applicant.
Location of property.
Evidence of applicant's right, title or interest in the property and any encumbrances on the property.
Total floor area, ground coverage and location of each proposed building, structure or addition. Location of all utilities, lighting, roads, drainage and parking areas.
State exact nature of conditional use requested.
Applicant will provide a list of all property within 200 feet of the boundaries of the property involved.
Decision. Any decision of the Board of Appeals or the Planning Board will be in accordance with Article X.
Standards for a conditional use permit. An applicant who seeks a conditional use permit shall submit to the appropriate board adequate evidence, which will become part of the record, illustrating the proof required by this section. The board shall review the application in concert with all of the evidence submitted by the applicant, and shall make specific factual findings that the following are met:
The use is compatible with and similar to the general categories of uses of neighboring properties.
The use is compatible with the Comprehensive Plan and the anticipated future development of the neighborhood.
The anticipated traffic for the proposed development will not cause an adverse negative impact on the neighborhood surrounding the proposed development.
There will be no noise, dust, odor, vibration or smoke generated by the use that will adversely affect neighboring properties or the Town in general.
The physical characteristics of the site, including location, slope, soils, drainage and vegetative cover, are suitable for the proposed use.
The use will not constitute a public or private nuisance.
Any other requirements and applicable provisions of this Code, as deemed necessary, are met.
Conditions attached to conditional uses.
Upon consideration of the factors listed above, the Board of Appeals or Planning Board may attach such conditions, in addition to those required in this chapter, that it finds necessary to further the purposes of this chapter. Violation of any of these conditions shall be a violation of this chapter. Such conditions may include, but are not limited to, specification for: type of vegetation; included setbacks and yards; specified sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operations controls; professional inspection and maintenance; sureties; deed restrictions, restrictive covenants; locations of piers, docks, parking and signs; type of construction; or any other conditions necessary to fulfill the purposes of this chapter.
In evaluating each application, the Board may request the assistance of the County Soil and Water Conservation District state or federal agency or consultant which can provide technical assistance.
Appeals.
[Added 5-15-2013 STM, Art. 10]
All decisions of the Planning Board shall be provided to the applicant, and any others requesting notification, in writing within seven (7) days of the Planning Board’s decision. Any aggrieved party may appeal such decision of the Planning Board within thirty (30) days of the date of the decision to the Topsham Board of Appeals, in accordance with § 225-72.
An applicant shall not be prevented from reapplying to the Planning Board for a project that has been denied, so long as the application is determined to be substantially different from the original application, by the Planning Board.