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Ordinances
Land Use Ordinance
As amended through May 31, 2016*
(Pages 4-71)
Development Review Ordinance
As amended through May 31, 2016
(Pages 73-125)
Definitions
As amended through May 31, 2016
(Page 126)
* 2016 Amendments are underlined.
Planning Board Meetings
2nd Tuesday of each month
6:30 pm, West Bath Town Hall
Planning Board Chair
Darlene Estabrook
Code Enforcement Officer
Ellis Reed, LPI
Office Hours: Wednesday 1:00 pm to 5:00 pm & Thursday 3:00 pm to 5:00 pm
______________________________________
T o w n o f W e s t B a t h
219 Fosters Point ROAD
West Bath, ME 04530
Tel: 207.443.4342
Fax: 207.443.3256
Email:
Website: www.westbath.org
Land Use Ordinance
TABLE OF CONTENTS
Page
ARTICLE I -- GENERAL PROVISIONS .................................... 4
A. PURPOSES .................................... 4
B. STATUTORY AUTHORITY .................................... 4
C. APPLICABILITY .................................... 4
D. ADMINISTRATIVE BODIES .........…………...…...... 5
E. APPROVALS AND PERMITS .................................... 6
F. NON-CONFORMANCE .................................... 8
G. VALIDITY AND SERVERABILITY ..................................... 12
H. CONFLICTING ORDINANCES .................................. 12
I. AMENDMENTS …………….……........... 13
J. EFFECTIVE DATE ………………………….. 14
K. REFERENCES …………………………. 14
ARTICLE II -- LAND USE DISTRICTS AND REQUIREMENTS .................................... 14
A. BOUNDARY DESCRIPTIONS, OVERLAY ZONES AND MAP............................. 15
DISTRICT 1 .................................... 15
DISTRICT 2 .................................... 15
DISTRICT 3 .................................... 16
DISTRICT 4 .................................... 16
DISTRICT 5 .................................... 16
MOBILE HOME PARK OVERLAY ZONE ………………………… 16
RESOURCE PROTECTION OVERLAY ZONE .................................... 17
SHORELAND OVERLAY ZONE ..………………….…... 17
SPECIAL INDUSTRIAL AND TRANSPORTATION OVERLAY ZONE .. 19
LAND USE ORDINANCE DISTRICT AND OVERLAY ZONE MAP .…... 19
B. USE REGULATIONS AND REQUIREMENTS .................................... 20
TABLE OF USE REGULATIONS .................................... 20
A. RESIDENTIAL .................................... 20
B. INSTITUTIONAL, RECREATIONAL, AND EDUCATIONAL ........ 21
C. RESOURCE UTILIZATION ..............................….. 23
D. OFFICES, LABORATORIES, AND COMMUNICATIONS ..….. 24
E. RETAIL BUSINESS AND CONSUMER SERVICE ESTABLISHMENTS 25
F. AUTOMOTIVE SERVICE AND OPEN-AIR DRIVE-IN RETAIL SERVICE 26
G. INDUSTRIAL, WHOLESALE, AND TRANSPORTATION USES …... 26
H. OTHER PRINCIPAL USES .............................. 27
I. ACCESSORY USES ................................… 27
ARTICLE III -- LAND-USE STANDARDS ......................……….. 29
A. MINIMUM LOT STANDARDS ......................……….. 29
B. RESIDENTIAL AND ACCESSORY USE STANDARDS ......................……….. 31
C. BUSINESS, COMMERCIAL AND NON-RESIDENTIAL USE STANDARDS ….. 33
D. AGRICULTURE IN THE SHORELAND OVERLAY ZONE .................................. 36
E. BEACHES .................................... 36
F. EROSION AND SEDIMENTATION CONTROL .................................... 37
G. MINERAL EXPLORATION AND EXTRACTION .................................... 38
H. STRUCTURES EXTENDING INTO OR OVER WATER BODIES ..................... 38
I. CLEARING OF VEGETATION FOR DEVELOPMENT .................................... 40
J. TIMBER HARVESTING …....………….………. 43
K. DRIVEWAY AND ROAD CONSTRUCTION ................….....…...…. 44
L. ROADS AND DRIVEWAYS IN THE SHORELAND OVERLAY ZONE ….…… 45
M. PARKING AREAS IN THE SHORELAND OVERLAY ZONE ……….………… 47
N. ESSENTIAL SERVICES IN THE SHORELAND OVERLAY ZONE ….………… 47
O. SANITARY STANDARDS .................................... 48
P. SOILS .................................... 49
Q. STRUCTURES .................................... 49
R. WATER QUALITY PROTECTION .................................... 49
S. MOBILE HOME PARK STANDARDS .................................... 49
T. CAMPGROUNDS IN THE SHORELAND OVERLAY ZONE ….……………… 50
U. INDIVIDUAL PRIVATE CAMPSITES IN THE SHORELAND OVERLAY ZONE … 51
V. HOME OCCUPATION STANDARDS .................................... 51
W. SETBACK REDUCTION PLAN – UDP DISTRICT ………………………… 51
X. SMALL WIND ENERGY CONVERSION SYSTEMS ………………………… 52
Y. DOMESTICATED CHICKENS .…………..……………. 56
Z. SOLAR ENERGY SYSTEMS ………………………… 57
AA. COMMUNICATION TOWERS …………………………. 59
ARTICLE IV -- BOARD OF APPEALS .................................... 63
A. COMPOSITION, APPOINTMENTS, QUALIFICATIONS AND TERMS ................ 63 B. ORGANIZATION AND MEETINGS .................................... 63
C. CONFLICT OF INTEREST .................................... 64
D. POWERS AND DUTIES .................................... 64
E. VARIANCES .................................... 65
ARTICLE V -- ENFORCEMENT AND PENALTIES .................................... 69
DEVELOPMENT REVIEW ORDINANCE …………………………. 71
DEFINITIONS …………………………. 124
ARTICLE I
GENERAL PROVISIONS
A. PURPOSES
The purposes of this Ordinance are to:
- Further the maintenance or safe and healthful conditions; prevent and control water pollution;
- Protect spawning grounds, fish, aquatic life, bird and other wildlife habitat;
- Control BUILDING sites, placement of STRUCTURES, land use;
- Protect BUILDINGS and land from flooding and accelerated erosion;
- Protect archaeological and historic resources;
- Protect commercial fishing and maritime industries;
- Protect freshwater and COASTAL WETLANDS;
- Conserve shore cover, and visual as well as actual points of access to inland and coastal waters;
- Conserve natural beauty and open space; and
- Anticipate and respond to the impact of development.
B. STATUTORY AUTHORITY
Pursuant to Title 30-A, M.R.S.A., Section 4352, Zoning Ordinance; Title 38, M.R.S.A., Section 435, Mandatory Shoreland Zoning; Title 30-A, chapter 111, section 2101 thru 2109, and the Constitution of Maine, Article VIII, part 2nd. Home Rule authority and all acts in amendment thereof and in addition thereto, and of any other enabling laws, the Town of West Bath enacts this Land Use Ordinance.
C. APPLICABILITY
1. The present uses of land and existing STRUCTURES shall not be affected by this Ordinance unless public health and safety is threatened.
2. No BUILDING, STRUCTURE, or land shall be used or occupied except for the purposes permitted in the district as provided in this Ordinance.
3. The construction of all dwellings shall conform to all applicable state laws, codes, and regulations and all town ordinances, and to the general accepted standards of good building practices.
4. No owner or occupant of land shall permit fire or otherwise damaged BUILDINGS or ruins to remain, but shall repair or remove the same within six months of notice by the Building Inspector.
D. ADMINISTRATIVE BODIES
1. PLANNING BOARD
a. Composition, Appointments, Qualifications, and Terms
i. The Town of West Bath shall have a Planning Board consisting of five (5) members and two (2) alternate members, each of whom shall be appointed by the Board of Selectmen. All members of the Planning Board shall be residents of the Town of West Bath. Members of the Board of Selectmen shall not be eligible to serve on the Planning Board. Members of the Planning Board shall serve staggered five-year terms. If a vacancy occurs, the term of the Person appointed to fill the vacancy shall be for the period of the unexpired term. The terms of the members shall expire on June 30th unless a replacement has not been appointed, in which case the term of the expiring member shall be extended until a replacement is named.
b. Organization and Meetings
i. The Planning Board shall elect annually a Chairman, Vice Chairman, and Secretary as it chooses from its membership. The election of officials shall occur at the first meeting of the Board after June 30th of each year. Town staff may serve as the Planning Board’s recording secretary.
ii. The Chairman's duties shall consist of calling the meetings, establishing agendas for each meeting, presiding at all meetings, and representing the Planning Board before other bodies. The Vice Chairman shall be responsible for carrying out the duties of the Chairman in his/her absence or incapacity. The Secretary shall be responsible for keeping minutes of the proceedings of the Planning Board and for making the minutes available to the public.
iii. The Planning Board shall meet at least once per month, provided that there is business for the Planning Board to address. Special meetings may be called at the request of the Chairman, or upon a written request of at least three (3) members of the Planning Board.
iv. Public notice of all meetings of the Planning Board shall be provided in accordance with State law. Meetings of the Planning Board shall be open to the public and shall be conducted in accordance with such rules of procedure as the Planning Board may adopt in compliance with applicable State and local laws.
v. A quorum shall consist of three (3) members of the Planning Board. All members present and not excused from voting shall vote on each agenda item. The Secretary shall record results of all votes, and the vote of a majority of those members present and voting shall be required for the passage of any item of the Planning Board’s business.
c. Conflicts of Interest
i. No member of the Planning Board shall vote on or participate in any matter in which he/she has a direct or indirect pecuniary interest, as defined in 30-A M.R.S.A. § 2605, in the matter before the Planning Board. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the remaining members of the Planning Board.
d. Powers and Duties
The Planning Board shall administer the Land Use Ordinance and the Development Review Ordinance:
i. For all business and commercial uses.
ii. For all home occupations, expansions of non-conforming structures, small wind energy conversion systems, Large Solar Energy Systems, Communications Towers, and accessory residential units.
iii. For all subdivision plans and amendments thereto.
iv. For all uses in the Shoreland Overlay Zone except conforming residential and associated accessory uses including driveways and residential docks.
v. For all uses in the Resource Protection Overlay Zones.
2. BUILDING Inspector/Codes Enforcement Officer - The BI/CEO shall administer the Land Use Ordinance for all uses not administered by the PLANNING BOARD unless the BI/CEO requests PLANNING BOARD Review.
3. Board of Appeals -- The Board of Appeals shall be as constituted and appointed by the municipal officers pursuant to State law and Article IV of this Ordinance.
E. APPROVALS AND PERMITS
1. Approvals and Permits Required – After the effective date of this Ordinance, no PERSON shall engage in any use of land requiring an approval or permit, or expand or change an existing non-conforming use without first obtaining the required approval(s) and/or permit(s).
2. Fees – For the purpose of defraying normal costs associated with the processing of applications by the Town, the Selectmen may establish a fee schedule, subject to annual review, setting forth fees to be collected by the Town from applicants for each type of approval or permit required under this Ordinance. Any approval or BUILDING permit obtained after the use or BUILDING has commenced shall be assessed three (3) times the normal fee.
3. It shall be unlawful to construct, add to, alter, remove or demolish any STRUCTURE without first filing with the PLANNING BOARD or Codes Enforcement Officer an application in writing and obtaining the necessary approval(s) and/or permit(s). Upon receiving an application in the proper form, the PLANNING BOARD or Codes Enforcement Officer shall review the application and make inspection, as necessary, within a reasonable time. If the application meets the requirements of this Ordinance, the PLANNING BOARD or Codes Enforcement Officer shall issue the approval, approval subject to conditions or permit within a practicable time, or a refusal in writing stating the reason for refusal. A copy of either action shall be filed with the Selectmen. The Codes Enforcement Officer shall file a monthly report with the Selectman containing description of activities which are within his jurisdiction and his action in respect to them.
4. Approval or Permit Application – Application for approvals and permits shall be submitted in writing. The BUILDING Inspector or the PLANNING BOARD may require the submission of whatever information is necessary to determine conformance with the provisions of this Land Use Ordinance and the Development Review Ordinance.
5. Issuance of Approvals and Permits – Approvals and permits shall not be denied if the proposed use is found to be in conformance with the provisions of this Ordinance. Planning Board Approvals are valid for 1 year. Building permits issued by CEO are valid for 6 months, and can be renewed by CEO.
6. All BUILDING permits issued by the Codes Enforcement Officer after approval by the PLANNING BOARD – The PLANNING BOARD shall approve or deny those applications on which it is empowered to act as stated in this Ordinance.
7. PLANNING BOARD Review Criteria – The PLANNING BOARD may, after the submission of a COMPLETE APPLICATION, including all information requested, grant a permit be issued if it makes a positive finding on the information presented to it that the proposed use:
a. Will not result in unsafe or unhealthful conditions.
b. Will not result in erosion or sedimentation.
c. Will not result in water pollution.
d. Will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat.
e. Will conserve actual points of public access to waters.
f. Will avoid problems associated with flood plain development and use.
g. Is in conformance with the provisions of Article III.
8. Conditions – Approvals may be subject to reasonable conditions to ensure conformity with the provisions of the Town’s Ordinances and the policies expressed in the Town’s COMPREHENSIVE PLAN, and as may be required to protect public safety.
9. Construction must commence within six (6) months from the STRUCTURE building permit date of issue unless permit is renewed by CEO.
10. Occupancy/Use Permit – The following applies to commercial uses only (including those portions of a STRUCTURE and/or property utilized for a home business):
A certificate of occupancy/use shall be required and obtained from the CEO/BI prior to the occupancy or use of any BUILDING, STRUCTURE or any portion thereof which has been erected, structurally altered or changed in its use or STRUCTURE, or with regard to the creation of a new use or change in use of any parcel of land or portion thereof currently existing or hereinafter created. Before the issuance of the certificate of occupancy/use, the CEO/BI shall determine that the proposed use of the STRUCTURE or land conforms to the requirements of the Land Use and Development Review Ordinances.
A change of occupancy that maintains the same land use classification shall not require a certificate of occupancy unless site plan review is required. Where a BUILDING permit or other land use permit is required, an application for a certificate of occupancy/use shall be filed concurrently with that application and shall clearly state the intended use or uses of the property. The certificate of occupancy/use may only be issued after a determination that all work has been completed on the site and/or STRUCTURE in conformance with Town Ordinances, any approved site plan or SUBDIVISION plan, any other applicable town, state and federal requirements, and any conditions of approval imposed by the PLANNING BOARD on the project. Occupancy without the required certificate shall be deemed to be a violation of this Ordinance and subject to enforcement action as provided in Article VI, Enforcement and Penalties.
The CEO/BI may issue a temporary certificate of occupancy/use for a period of time not to exceed six (6) months where it has been determined that adequate safeguards are in place to assure the timely completion of the work. The CEO/BI may require the posting of a bond or other financial security or guarantee to assure completion of the project in accordance with its permitting.