Waterville City Zoning Code
ARTICLE VI
Administration
§ 275-6.1 Administration and enforcement.
[Amended 5-20-2025 by Ord. No. 101-2025]
The provisions of this chapter shall be administered by the Planning Board, the Zoning Board of Appeals and the Code Enforcement Officer.
A.
Violations and legal action; penalties.
(1)
It is the duty of the Code Enforcement Officer to enforce the provisions of this chapter. If the Code Enforcement Officer finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(2)
The Code Enforcement Officer may employ an independent, recognized consultant, if necessary, at the expense of the person responsible for the alleged violation, to assure compliance with performance standards of this chapter and abatement of nuisances. He shall have the power to enter any property at reasonable hours and to enter any building with the consent of the property owner, occupant or agent, to inspect the property or structure for compliance with the laws or ordinances set forth in 30-A M.R.S. § 4452(5), as amended from time to time.
(3)
Legal action and fines.
(a)
When any violation of any provision of this chapter is found to exist, including failure to comply with any subdivision or site plan approved by the Planning Board, or condition imposed by the Planning Board, Zoning Board of Appeals or the City Council, the Code Enforcement Officer shall notify the City Solicitor and the City Council. The City of Waterville, acting through the City Council, may institute proceedings to enjoin the violation or to order compliance with conditions of these ordinances.
(b)
Any firm, person or corporation, being the owner of or having control or use of any building or premises, who or which violates any of the provisions of this chapter or who or which fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances, special exceptions or contract zoning) commits a civil violation and is subject to fines. After notification of a violation, each day that the violation exists constitutes a separate offense, to a maximum of $25,000 when it is shown that there has been a previous conviction of the same party within the past two years for a violation of the same law or ordinance, unless a different penalty is provided herein.
(c)
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor or agent, or other person who commits, participates in or maintains such a violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(d)
The minimum penalty for starting construction or undertaking a land use activity without a required permit is $100, and the maximum per-day penalty is $2,500. However, in a Resource Protection District within the shoreland zone, the maximum penalty is increased to $5,000. Additionally, if the municipality is the prevailing party, it shall be awarded reasonable attorney's fees, expert witness fees and costs, unless the court finds that special circumstances make the award of these fees and costs unjust.
B.
The Code Enforcement Officer shall keep a complete record of all essential transactions within the shoreland zone, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land and Water Quality within the Department of Environmental Protection.
§ 275-6.2 Zoning Board of Appeals.
[Amended 5-20-2025 by Ord. No. 101-2025; 7-17-2025 by Ord. No. 116-2025]
A.
Establishment; membership. There shall be a Zoning Board of Appeals of five members and two associate members. The members of the Board shall be appointed for three-year terms by the municipal officers. Any person appointed to fill the unexpired term of a retiring member shall serve only for the remainder of the unexpired term, but shall be eligible for reappointment. The associate members shall similarly be appointed for a term of three years and shall act on said Board with full powers in place of any member who may be unable to act due to conflict of interest, absence or physical incapacity. Any member may be appointed to succeed himself.
B.
Officers; minutes. The Zoning Board of Appeals shall biennially elect a Chairman and a Secretary from its own membership within two weeks after the City inauguration. The Chairman shall preside at all meetings. The Secretary shall keep the minutes of the Board, which shall show the vote of each member upon each question. All minutes of the Board shall be public record.
C.
Quorum. A quorum will consist of four members and/or associate members of the Zoning Board of Appeals. All members, including the Chairman, shall be entitled to vote. An application shall be decided by majority vote.
D.
Compensation. The Chair shall be paid $25 and all other members and associate members shall be paid $20 for each Zoning Board meeting attended.
E.
Powers and duties. The Zoning Board of Appeals has the following powers and duties:
(1)
Administrative appeal. The Zoning Board of Appeals has the power to hear and decide appeals where it is alleged that there is an error in any order, decision, requirement, interpretation or ruling made by the Code Enforcement Officer in the administration or enforcement of this chapter. All appeals shall be made by any interested party within 30 days of a decision rendered by the Code Enforcement Officer. The Zoning Board of Appeals may affirm, modify or reverse any ruling or decision of the Code Enforcement Officer if the Board makes written findings of fact that such ruling or decision is contrary to the provisions of this chapter. See Subsection H, Zoning Board of Appeals procedure. The appeal shall be heard de novo.
(2)
Referrals by Code Enforcement Officer. The Zoning Board has the power to hear, counsel and decide upon matters concerning the application of and conformity with the permitted uses and development requirements as set forth in this chapter whenever such matters have been referred to it by the Code Enforcement Officer; in which event the Board may secure the testimony and advice of expert witnesses and consultants selected by it to assist in its deliberations. The cost of the services of those expert witnesses and consultants shall be paid by the applicant.
(3)
Miscellaneous appeals. The Zoning Board of Appeals also has the power to grant appeals from the provisions of this chapter as follows:
(a)
To permit the change of a lawful nonconforming use to another nonconforming use as provided in § 275-4.2 of this chapter;
(b)
To permit a conforming use to expand into a zone where it would be nonconforming as provided in § 275-4.2;
(4)
Variances.
(a)
Variances may be granted by the Board only where strict application of this chapter, or a provision thereof, would cause undue hardship to the petitioner and his property.
(b)
The words "undue hardship" as used in this subsection mean:
[1]
That the land in question cannot yield a reasonable return unless a variance is granted;
[2]
That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
[3]
That the granting of a variance will not alter the essential character of the locality;
[4]
That the hardship is not the result of action taken by the applicant and/or prior owner;
[5]
That the variance is the minimum variance that will make possible reasonable use of the land, building or structure; and
[6]
That a variance may only be granted for a use permitted in a particular zone.
(c)
Applications for variances within the shoreland zone must be submitted to Maine DEP 20 days before action is taken by the Zoning Board of Appeals. Any comments received from the Maine DEP prior to the action by the Zoning Board of Appeals shall be made part of the record and shall be taken into consideration by the Zoning Board of Appeals.
(d)
Submissions and considerations.
[1]
Each petitioner for a variance shall submit to the Board statements in writing, which may be accompanied by diagrams or photographs, which shall become part of the record of that petition demonstrating the following:
[a]
The nature of the hardship to the property under appeal; and the physical circumstances that allegedly would occasion such undue hardship;
[b]
That those physical circumstances are peculiar to the property under appeal and are not substantially duplicated on other property adjoining or nearby in the same neighborhood or the same zoning district;
[c]
That the relief sought would not adversely affect property adjoining or nearby in the same neighborhood or the same zoning district and would not endanger the public health, safety or convenience and would not impair the integrity of this chapter or of the City of Waterville Comprehensive Plan.
[2]
Where contiguous lots in common ownership can be joined so as to eliminate substandard lots, undue hardship shall not exist and no variance shall be granted. (For the exception to this rule, see § 275-4.2K.)
[3]
When a landowner purchases land with actual or constructive knowledge of zoning restrictions and/or deed restrictions, he may not be granted a variance on the grounds of undue hardship.
[4]
The Zoning Board of Appeals shall make written findings of fact that the applicant has satisfied each element constituting undue hardship as defined above.
(e)
In addition, when the proposed use is to be located in shoreland areas or the Resource Protection District, the Zoning Board of Appeals shall make a positive finding that the proposed use will comply with the standards established in § 275-4.27. Variances in shoreland areas are authorized only for lot area, lot coverage by structures and setbacks. A variance shall not be granted to permit a use or structure otherwise prohibited. The Code Enforcement Officer shall submit a copy of all variances granted in shoreland areas to the Department of Environmental Protection within seven days of the Board's decision.
(f)
The Zoning Board of Appeals may attach such condition(s), in addition to those required by other provisions of this chapter, as it finds necessary to ensure compliance with all standards and all other applicable requirements of this chapter. Violation of any of those conditions is a violation of this chapter. Such conditions may include, but are not limited to, specifications of the following: type of vegetation, increased setbacks and yards, specified sewage disposal and water supply facilities, landscaping, fencing, planting screen, hours of operation, operation controls, professional inspection and maintenance, sureties, deed restrictions, restrictive covenants, location of piers and docks, vehicular access, circulation, parking, signs, lighting and types of construction.
(g)
Notwithstanding the provisions contained in § 275-6.2 and all of the subsections thereunder, the Zoning Board of Appeals may grant a variance to the owner of a dwelling for the purpose of making that dwelling accessible to a person with a disability. The Board shall restrict any variance granted under this subsection solely to the installation of the equipment or the construction of structures necessary for access to or egress from the dwelling.
[1]
"Physical or mental handicap" means any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness. "Physical or mental handicap" also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or, in the case of a mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.
(h)
Any grant of a variance by the Board under this subsection will require the Board to issue a certificate as provided in 30-A M.R.S. § 4353(5), as amended from time to time. Failure by the applicant to record the certificate in the Kennebec Registry of Deeds within 90 days of approval renders the variance invalid.
(i)
Petitions for reconsideration.
[1]
The Zoning Board of Appeals shall reconsider the granting of any variance application upon petition by the Planning Board. That petition shall only be authorized when the Planning Board has made an advisory recommendation to the Zoning Board of Appeals in accordance with Subsection H(6) of this section. Any such petition shall state that it is being filed at the direction of the majority of the Planning Board as shown by affirmative vote of the Board taken at a public meeting at which a quorum of the Board was present. The petition shall state the grounds for the Planning Board's belief that granting of the variance requested in the application is not consistent with the zoning ordinance or the Comprehensive Plan.
[2]
Any such petition for reconsideration must be filed with the Chairman of the Zoning Board of Appeals within 10 working days of the Planning Board's receipt of the notice of the Zoning Board of Appeals' action on the variance application.
[3]
Upon receipt of that petition, the Chairman of the Zoning Board of Appeals shall, within five working days, notify the applicant and abutting landowners who were notified of the original application. Within 10 working days of such notice, the Zoning Board of Appeals shall conduct a public hearing to reconsider the variance application.
[4]
The Zoning Board of Appeals may reconsider any decision denying an application within 45 days of the Board's initial decision. The decision to reconsider a denial of an application may be made on the Board's own initiative or a request by the applicant. If the request is made by the applicant it must be filed within 10 days of the decision that is to be reconsidered. Failure to take action to reconsider within 45 days renders the initial Board decision final and a new application is subject to the one-year bar of Subsection H(14). Within five working days of the decision to reconsider, the Chair of the Zoning Board of Appeals shall notify the applicant and abutting landowners notified at the time of the original application of the decision to reconsider. This notification of reconsideration shall apprise the individuals of a public hearing that will be held at the next regularly scheduled Zoning Board of Appeals meeting. The Zoning Board of Appeals may conduct additional hearings and receive additional evidence and testimony for any reconsideration.
F.
Appeal of Zoning Board decision. Any person or persons or any taxpayer, board, department or bureau of the City aggrieved by any decision of the Zoning Board of Appeals on an original application must file an appeal in accordance with Rule 80B of the Maine Rules of Civil Procedure within 45 days of the decision. An appeal of a reconsidered decision must be filed within 15 days after the decision on reconsideration.
G.
Limitation of powers. The Zoning Board of Appeals shall not have the power:
H.
Zoning Board of Appeals procedure.
(1)
Any person seeking a decision from the Zoning Board of Appeals may file an application with the Code Enforcement Officer.
(2)
At the time of filing of the application, a fee of $25 shall be paid by the applicant in addition to the cost of advertising. The Code Enforcement Officer shall issue the applicant a dated receipt.
(3)
The Code Enforcement Officer shall immediately schedule a public hearing to be held within 45 days of the filing of the application.
(4)
Notice of the day, time and place of the hearing shall be given to the applicant and shall be published at least two times in a newspaper in general circulation in Waterville, the first publication to be not less than 14 days before the date of the hearing. The notice shall identify the property involved, the name of the applicant and the nature of the application.
(5)
The Code Enforcement Officer shall send a copy of the notice by first class mail to the owners of all property within 300 feet of the property in question at least 14 days in advance of the hearing. The owners of the property are considered to be the parties listed by the Assessor of Taxes for the City of Waterville as those against whom taxes are assessed. The Zoning Board of Appeals shall maintain as part of the record for each case a complete list of all property owners so notified. Notice shall be sent to the last-known address of the property owners. Failure of any property owner to receive a notice shall not necessitate another hearing or invalidate the action of the Zoning Board of Appeals.
(6)
Following the filing of an application, the Code Enforcement Officer shall, forthwith, notify the Planning Board. The Planning Board, if it deems advisable, may submit a report or advisory opinion prior to the date of the hearing.
(7)
At any hearing, a party shall appear in person, or by agent or attorney.
(8)
The Board shall not ask or obtain an expression of opinion by a show of hands or any other means from the group of persons attending the public hearing.
(9)
The Zoning Board of Appeals shall keep a written record of all applications, noting the date the application is received, the date of the hearing, the person who presented the application at the hearing, any pertinent testimony presented at the hearing and findings of facts and decision of the Zoning Board of Appeals. All records of the Zoning Board of Appeals shall be maintained at the municipal offices in a permanent file, which shall be available to the public.
(10)
The Code Enforcement Officer or his designated assistant shall attend all hearings and shall present to the Zoning Board of Appeals all plans, photographs or other material appropriate for an understanding of the appeal.
(11)
The applicant's case shall be heard first. If the applicant is not present at the hearing, any person acting as the applicant's representative must demonstrate that he has written authority to appear on the applicant's behalf. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked only through the Chair. All persons at the hearing shall abide by the order of the Chairman.
(12)
After the public hearing, the Zoning Board of Appeals shall make findings of fact, based on the record of the hearing, and issue a decision on the application. The applicant shall be notified in writing of the finding and decision of the Board within seven days of the Board's decision, with copies sent to the Code Enforcement Officer and the municipal officers. When a variance has been granted within a shoreland zone, the Department of Environmental Protection shall also receive a copy of the findings and decision within seven days of the decision.
(13)
If the Zoning Board of Appeals grants an appeal or variance, the applicant's legal rights, determined thereby, shall expire if any construction or alteration involved is not commenced within six months or not substantially completed within one year of the date on which the appeal or variance was granted.
(14)
After a decision has been made by the Zoning Board of Appeals, a new application on essentially the same subject shall not be heard within one year from the date of the denial by the Board of the first appeal, except as provided for in Subsection E(4)(i)[4] or except with the approval of all the members of the Planning Board and unless that Board finds in its sole and exclusive judgment that injustice was done at the first hearing, due to a mistake of law or misunderstanding of fact, or on the grounds that there have been enough essential factual changes to warrant hearing it again.
§ 275-6.3 Planning Board.
[Amended 2-15-2022 by Ord. No. 47-2022; 5-20-2025 by Ord. No. 101-2025]
A.
Establishment; membership; officers.
(1)
A City Planning Board is hereby established consisting of seven members, residents of the City, all of whom shall be appointed by the municipal officers for a term of up to five years.
(2)
Where there is a permanent vacancy, the municipal officers shall appoint a person to serve for the remainder of the unexpired term. The Board may, however, act without a full Board, provided that five members are present.
(3)
The Board shall biennially elect a Chair and Secretary from its own members within two weeks after the City inauguration.
B.
Compensation. The Chair shall be paid $25 and all other members shall be paid $20 for each Planning Board meeting actually attended.
C.
Planning Board duties.
(1)
The Board shall administer Chapter 244, Subdivision of Land; Site Plan Review, of the City Code, review general use exceptions and issue shoreland zoning permits in accordance with § 275-4.27, Shoreland zoning, and shall perform such other duties as are set forth in this chapter or by the City Council as requiring action by the Planning Board.
(2)
The Board shall hold public hearings and make recommendations to the City Council on requests for rezoning and vacations of paper streets.
§ 275-6.4 Site plan review.
A.
Purpose. The purpose of site plan review requirements is to conserve the City's natural beauty and visual character by ensuring that structures, signs and other improvements are properly related to their sites and to surrounding sites and structures, especially in regard to the natural terrain and landscaping. In addition to harmoniously relating to the environment, it is intended that proposed improvements promote the development of an economically sound and stable community.
B.
Applicability. The following activities do not require a site plan review permit under the provisions of this chapter; except in the shoreland zone, where the provisions of § 275-4.27C through G apply:
(1)
All single-family detached dwelling units and accessory structures which are not in subdivisions and with less than two units on a single lot.
C.
A site plan review permit, in accordance with the provisions of this chapter and Chapter 244, Subdivision of Land; Site Plan Review, of the City Code, shall be required for the following activities unless otherwise exempted:
(1)
Any combination of building footprint and impervious area which exceeds 5,000 square feet. If no new building or addition to an existing building will be constructed, Subsection C(4) below applies;
(2)
New building construction consisting of 4,000 or more square feet of building footprint;
(3)
Additions to existing buildings (attached or detached) consisting of 2,000 or more square feet of building footprint;
(4)
Creation of impervious surfaces consisting of 8,000 or more square feet;
(5)
Uses designated in this chapter which specifically require site plan review, regardless of size;
(6)
A change of use when the new use is subject to site plan review.
D.
Construction, site development and landscaping shall be carried out in accordance with the plans, drawings, sketches and other documents approved by the Planning Board, unless altered with Board approval. Nothing in this subsection shall be construed to prevent ordinary repair, maintenance and improvement of existing structures and facilities.
E.
When a development is subject to both site plan and subdivision review, the Planning Board shall conduct a concurrent review. Procedures, criteria and standards of Chapter 244, Subdivision of Land; Site Plan Review, of the City Code shall be employed in addition to those included in this chapter.
F.
The application for site plan review for business, commercial and industrial uses shall also include the following:
(1)
A written description of the proposed operations in sufficient detail to indicate the degree to which the operations will create traffic congestion, noise, toxic or noxious matter, vibration, odor, heat, glare, air pollution, waste and other objectionable effects, along with engineering and architectural plans for mitigating these effects.
(2)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(3)
A list of all hazardous materials to be hauled, stored, used, generated or disposed of on-site, and any pertinent state or federal permits required.
G.
Appeals. Appeals of decisions of the Planning Board made in conducting site plan reviews shall be heard in Superior Court.