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,