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Waterville City Zoning Code

ARTICLE VII

Legal Provisions

§ 275-7.1 Amendments.

A. 
On petition, on recommendation by the Planning Board or on its own initiative, the City Council may amend, supplement or repeal the regulations and provisions of this chapter and amend the boundaries of the zoning districts delineated on the Official Zoning Map.
B. 
Referral to the Planning Board. Every proposed amendment, however initiated, except for an amendment resulting from the action of the City of Waterville or an abutting property owner to provide for the reversion of a contract zoned district to its original or comparable district, shall first be referred by the City Council to the Planning Board for report and recommendation.
C. 
The Planning Board shall hold a public hearing on amendments.
(1) 
Prior to making its report to the City Council on any proposed amendment to this chapter, the Planning Board shall hold at least one public hearing on the proposed amendment. Public notice of the hearing shall be published twice in a newspaper in general circulation in the City, the first publication to be at least 14 days before the public hearing and the second publication to be at least seven days before the public hearing. The cost of such notice shall be paid by any individual desiring a zoning change. Notice of the hearing is to be posted in City Hall at least 14 days before the public meeting.
(2) 
If the proposed rezoning is a change of use that permits industrial, commercial or retail development in a zone where such uses were previously prohibited, or that prohibits all such uses in a zone where previously permitted, the person to whom property tax is assessed on each parcel in and abutting the area to be rezoned must be mailed a notice. The notice of the public hearing must be sent by first class mail at least 14 days prior to the hearing. The Planning Board shall maintain a list of names and addresses of those persons to whom a notice was mailed, when mailed, by whom and the place of mailing. A certificate setting forth this mailing information shall be filed with the City Clerk. This filing of the certificate shall constitute prima facie evidence of mailing of the notice to persons named in the certificate. The cost of mailing shall be the responsibility of the petitioner.
(3) 
The notice required in Subsection C(1) and (2) shall also contain a copy of a map indicating the property to be rezoned.
(4) 
Any action challenging the validity of an amendment to this chapter or the Official Zoning Map based on the City's failure to comply with the notice requirements of Subsection C(1) and (2) must be brought in the Superior Court within 30 days after the adoption of the amendment. If the appellant can demonstrate that it was entitled to receive a notice under Subsection C(2) and that the municipality failed to send the notice and that the appellant had no knowledge of the proposed amendment in question and that the appellant was materially prejudiced by that lack of notice, the Superior Court may then invalidate the challenged amendment.
D. 
Report of Planning Board. The Planning Board shall make a report in writing to the City Council within 30 days of its public hearing, stating its approval or disapproval of the proposed amendment and its reasons therefor.
E. 
Any amendment to provisions of this chapter must be approved by 2/3 of the members of the City Council present.
F. 
Notice of amendments. The Department of Environmental Protection shall be notified via a certified copy of amendments to provisions of this chapter regulating the use of shoreland areas, and such amendment shall not be effective unless approved by the DEP.

§ 275-7.2 Severability.

Should any section or part of a section or any provisions of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not be deemed to affect the validity of any other section, subsection or other portion of this chapter.

§ 275-7.3 Conflicts with other laws.

Whenever the requirements of this chapter are inconsistent with the requirements of any other ordinance, code or statute, the more restrictive requirements shall apply.

§ 275-7.4 Repeal of previous ordinance.

The zoning ordinance passed by the City Council of the City of Waterville, Ordinance No. 13-1989, on November 28, 1989, and all amendments thereto, are hereby repealed in their entirety.

§ 275-7.5 Effective date.

This chapter shall take effect as of May 10, 2010.