SECTION 1
GENERAL
A. TITLE
This ordinance shall be known and cited as the LAND
USE ORDINANCE of the Town of Mt. Vernon, Maine, and will be referred to as
“this Ordinance”.
B. AUTHORITY
This
Ordinance is adopted pursuant to the enabling provisions of Article VIII, Part
Second, Section 1 of the Maine Constitution, the provisions of Title 30-A,
MRSA, Sections 3001 et seq., and the Mandatory Shoreland Zoning Act, Title 38
MRSA Sections 435 et. seq.
C. PURPOSES
The purposes of this ordinance are:
1.
To implement the provisions of the Town’s
Comprehensive Plan;
2.
To encourage the most appropriate use of land
throughout the community;
3.
To encourage growth in the identified growth areas
of the community, and to limit growth in rural areas;
4.
To conserve natural resources;
5.
In watershed and shoreland areas, to further the
maintenance of safe and healthful conditions; to prevent and control water
pollution; to protect buildings and lands from flooding and accelerated
erosion; to protect freshwater wetlands; to control building sites, placement
of structures and land uses; to conserve shore cover, and visual as well as
actual points of access to inland waters; to conserve natural beauty and open
space; and to anticipate and respond to the impacts of development in shoreland
areas.
6.
To promote the health , safety, and general welfare
of the residents of the community;
7.
To promote traffic safety;
8.
To provide safety from fire and other elements;
D.
APPLICABILITY
The provisions of this ordinance shall govern all
land and all structures within the boundaries of the Town of Mt. Vernon.
E.
CONFLICTS WITH OTHER ORDINANCES
Whenever a provision of this Ordinance conflicts
with or is inconsistent with another provision of this Ordinance or of any
other ordinance, regulation or statute, the more restrictive provision shall
control.
This Ordinance supersedes and replaces the
following ordinances, which became effective as noted.
Ordinance
Effective
Date
Land
Use
Ordinance 6/10/91 amended 6/19/93,
6/18/94
Building Code
Ordinance 3/9/91
amended 6/19/91, 6/19/93
Road
Ordinance
3/9/91
Site
Plan Review Ordinance 6/21/88;
amended 3/11/89, 6/19/93, 6/18/94
Automobile
& Junkyard 3/9/91
Licensing
Ordinance
Flood
Plain Management Ordinance 6/10/87
amended 6/18/94
Subdivision
Ordinance 6/19/89
F.
VALIDITY AND SEVERABILITY
Should any section or provision of this Ordinance
be declared by the courts to be invalid, such decision shall not invalidate any
other section or provision of this ordinance.
G. EFFECTIVE DATE
1. The effective
date of this Ordinance shall be the date of the adoption by the legislative
body on May 4, 1995.
2. The Shoreland
Zoning provisions of this Ordinance, having been adopted by the Legislative
body on May 4, 1995, shall be effective upon the date of adoption,
provided that it is subsequently approved by the Commissioner of the Department
of Environmental Protection. A certified copy of the Ordinance, attested and
signed by the Municipal Clerk, shall be forwarded to the Commissioner of the
Department Environmental Protection for approval. If the Commissioner fails to
act on the Shoreland Zoning provisions of this Ordinance within forty-five (45)
days of his/her receipt of the Ordinance, it shall be deemed approved. Upon
approval of the Shoreland Zoning provisions of this Ordinance, the Shoreland
Zoning Ordinance previously adopted on 6/19/91 and amended 6/19/93 and
6/18/94 is hereby repealed.
H. AMENDMENTS
1. This Ordinance
may be amended by the majority vote of the Legislative body.
2. For amendments
involving the Shoreland Zoning provisions of this Ordinance, copies of
amendments, attested and signed by the Municipal Clerk, shall be submitted to
the Commissioner of the Department of Environmental Protection following
adoption by the Legislative body and shall not be effective unless approved by
the Commissioner. If the Commissioner fails to act on any amendment within
forty-five (45) days of his/her receipt of the amendment, the amendment is
automatically approved. Any application for a permit submitted to the
municipality within the forty-five (45) day period shall be governed by
the terms of the amendment, if such amendment is approved by the Commissioner.
SECTION 2
NON-CONFORMANCE
A. PURPOSE
It is the intent of these provisions to promote
land use conformities, except that non-conforming conditions that legally
existed before the effective date of this Ordinance, or any amendment thereto
shall be allowed to continue, subject to the requirements set forth in this
section.
Note: A legally existing non-conforming condition is one
which conformed to the regulations in effect at the time such condition was
created, be it a use, structure or lot size. To determine legally existing
conditions it is necessary to research the ordinance in effect at the time the
condition was created.
B. GENERAL REQUIREMENTS
1.
Transfer of Ownership: Non-conforming structures, lots, and uses may
be transferred, and the new owner may continue the non-conforming use or
continue to use the non-conforming structure or lot, subject to the provisions
of the Ordinance.
2.
Repair and Maintenance: This Ordinance allows, without a permit, the
normal upkeep and maintenance of non-conforming uses, structures or attachments
including repairs or renovations which do not involve expansion or total
rebuilding of the non-conforming use or structure or attachment and such other
changes in a non-conforming use or structure as federal, state, or local
building and safety codes may require.
C. NON-CONFORMING STRUCTURES
1. Expansions: A
non-conforming structure may be added to or expanded after obtaining a permit
from the same Administrative Authority as that for a new structure, if such addition
or expansion does not increase the non-conformity of the structure.
Further
Limitations:
a.
After January 1, 1989 if any portion of a structure
is less than the required setback from the normal high-water line of a water
body or upland edge of a wetland, that portion of the structure shall not be
expanded in floor area or volume, by more than 30%, during the lifetime
of the structure.
b.
Construction or enlargement of a foundation beneath
the existing structure shall not be considered an expansion of the structure
provided; that the structure and new foundation are placed such that the
setback requirement is met to the greatest practical extent as determined by
the Administrative Authority, basing its decision on the criteria specified in
subsection 2. “RELOCATION” below; that the completed foundation does not extend
beyond the exterior dimensions of the structure; and that the foundation does
not cause the structure to be elevated by more than three (3) additional feet.
c. No
structure which is less than the required set back from the normal high-water
lines of a water body, tributary stream, or upland edge of a wetland shall be
expanded toward the water body, tributary stream, or wetland.
2. Relocation: A
non-conforming structure may be relocated within the boundaries of the parcel
on which the structure is located provided that the site of relocation conforms
to all setback requirements to the greatest practical extent as determined by
the Administrative Authority, and provided that the applicant
demonstrates that the present subsurface sewage disposal system meets the
requirements of State law and the State of Maine Subsurface Wastewater Disposal
Rules (Rules), or installs a new system in compliance with the law and said
Rules. In no case shall a structure be relocated in a manner that causes
the structure to be more non-conforming.
In determining
whether the building relocation meets the setback to the greatest practical
extent, the Administrative Authority shall consider:
·
the size of the lot,
·
the slope of the land,
·
the potential for soil erosion,
·
the location of other structures on the property
and on adjacent properties,