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Town of Wiscasset Ordinances
June 2016 Edition
Cost: $30
Online: www.wiscasset.org
TABLE OF CONTENTS
This booklet includes: the Ordinances of the Town of Wiscasset; the Zoning Map for the Town of Wiscasset; and an index to the Ordinances.
This Table of Contents lists all chapters in the order included; most major sections and some subsections are also listed. For more detailed listings, see the Index.
ARTICLE I - TOWN OFFICIALS (last amended 6-2016)
1. GENERAL GOVERNMENT
2. BUDGET COMMITTEE
3. BUILDING INSPECTOR
4. PLANNING BOARD
5. BOARD OF APPEALS
6. FIRE DEPARTMENT
7. AIRPORT COMMITTEE
8. ORDINANCE REVIEW COMMITTEE
ARTICLE II - BUILDING LAWS (last amended 6-2012)
1. BUILDING PERMITS
2. LOT SIZE AND SETBACK REQUIREMENTS
3. REQUIREMENTS FOR BUILDING EXTERIORS
4. USE OF STREET TO DEPOSIT MATERIALS
5. REQUIREMENTS FOR BUILDING CONSTRUCTION
6. REQUIREMENTS FOR STOVES, VENT FLUES, AND BOILERS
7. ADDITIONAL REQUIREMENTS
8. PENALTIES
9. VALIDITY/SEVERABILITY CLAUSE
ARTICLE III - SIGNS (last amended 6-2012)
1. PURPOSE
2. APPLICABILITY
3. PERMIT AND PERMIT FEES
4. DEFINITIONS
5. NON-CONFORMANCE (EXISTING SIGNS)
6. PROHIBITED SIGNS
7. EXEMPTED SIGNS
8. REGULATIONS APPLICABLE TO SIGNS IN ALL DISTRICTS
9. OFF-PREMISES BUSINESS DIRECTIONAL SIGNS
10. SIGNS FOR TEMORARY BUSINESSES AND TEMPORARY ADVERTISING SIGNS
11. ELECTRONIC MESSAGE DISPLAY BOARDS
` 12. SIGNS WITHIN THE DOWNTOWN SIGN DISTRICT
13. COMMON SIGNAGE
14. SIGN HEIGHT
15. SIGN LOCATION
16. SIGN AREA
17. MAINTENANCE AND REMOVAL
18. ENFORCEMENT AND PENALTIES
ARTICLE IV - PORT AND HARBOR (last revised 6-2016)
1. PURPOSE AND WATERFRONT COMMITTEE
2. HARBORMASTER
3. MOORINGS
4. HARBOR RULES
5. USE OF TOWN WHARVES AND FLOATS
6. POLLUTION OF WATERS
7. ABANDONMENT OF WATERCRAFT
8. TOWN RESPONSIBILITY FOR BOATS
9. POSTING OF ORDINANCE
10. PENALTIES
11. VALIDITY/SEVERABILITY CLAUSE
ARTICLE V - SOLID WASTE (last amended 6-2012)
1. GENERAL PROVISIONS
2. TOWN SOLID WASTE FACILITIES
3. PERMITS
4. HAULERS
5. PENALTIES AND REPEAL
6. VALIDITY/SEVERABILITY CLAUSE
ARTICLE VI - ZONING (last amended 6-2015)
1. STATEMENT OF PURPOSE
2. GENERAL PROVISIONS
3. AMENDMENTS
4. DISTRICTS AND ZONING MAP
5. NON-CONFORMING USES OUTSIDE THE SHORELAND DISTRICTS
6. NON-CONFORMANCE IN THE SHORELAND DISTRICTS
7. BUFFER STRIP APPLICATION
8. ADMINISTRATION
8.1 VARIANCES AND APPEALS
8.2 ENFORCEMENT
9. DEVELOPMENT STANDARDS IN THE VILLAGE 1, VILLAGE 2, & VILLAGE WATERFRONT DISTRICTS
SUMMARY OF PERMITTED USES (DISTRICTS A – K)
DEFINITION OF DISTRICTS
ZONING MAP
10. HISTORIC PRESERVATION ORDINANCE
HISTORIC DISTRICT OVERLAY MAP
ARTICLE VII - SUBDIVISION (11-2012)
1. Purpose, Authority and Administration
A. Purpose and Statutory Review Criteria
B. Authority and Administration
2. Definitions
3. Subdivision Application
A. Preapplication
(1) Procedure
(2) Submissions
B. Preliminary Subdivision Plan
(1) Procedure
(2) Submissions for All Subdivisions
(3) Additional Submissions for Major Subdivisions
C. Final Subdivision Plan
(1) Procedure
(2) Submissions
D. Recording of Final Subdivision Plan and Amendments to Previously Approved Subdivision Plans
E. Public Acceptance of Streets and Recreation Areas
4. Performance Guarantees
A. Performance Guarantee
B. Project Phasing
C. Period for Completion of Improvements
D. Inspection of Required Improvements
E. Release of Performance Guarantee
5. General Requirements and Standards
A. General Requirements
(1) Compliance with General Requirements
(2) Conformity with Comprehensive Plan
(3) Relationship to Community Services
(4) Retention of Proposed Public Sites and Open Spaces
(5) Preservation of Natural and Historic Features
(6) Traffic Sight Distance
(7) Conformance with Shoreland Zoning
(8) Easements for Natural Drainage Ways
(9) Net residential density
(10) Lots
(11) Utilities
(12) Additional Requirements
(13) Required Improvements
(14) Impact on Ground Water Quality
(15) Phosphorus Control
(16) Impact on Groundwater Quantity
(17) Adequate Financial and Technical Capacity
B. Design Standards
(1) Monuments
(2) Streets Signs
(3) Streets
(4) Driveway Construction
(5) Sidewalks
(6) Water Supply
(7) Sewage Disposal
(8) Surface Drainage
(9) Certification of Construction
(10) Performance Guarantees
6. Waivers and Enforcement
A. Waivers
B. Enforcement
7. Open Space Subdivision
A. Policy
B. Purposes
C. Planning Board review
D. Open Space Requirements
8. Review Criteria
ARTICLE VIII - SITE PLAN REVIEW (11-12)
1. Purpose
2. Activities Requiring Site Plan Review
3. Prohibition Without Site Plan Approval
4. Preapplication
A. Purpose
B. Site inspection and Waivers
C. Information Required
5. Waiver of Review Procedure and Submission requirements for De Minimis Projects
6. Site Plan Review Application
A. Procedure
B. Submissions
7. Other Required Permits
8. Access to Site and Records
9. Site Plan Review Standards
A. Utilization of Site
B. Traffic Access
C. Parking Layout and Access
D. Pedestrian Access
E. Buildings
F. Storage of Materials
G. Water Supply
H. Sewage Disposal
I. Utilities
J. Natural Features
K. Water Quality Protection
L. Hazardous, Special and Radioactive Wastes
M. Shoreland Relationship
N. Capacity of the Applicant
O. Solid Waste Management
P. Historic and Archaeological Resources
Q. Floodplain Management
R. Off-Site Improvements
S. Additional Route 1 Design Standards
10. Conditions Attached to Site Plan Approval
11. Performance Guarantee
12. POST APPROVAL Activities
13. Appeals of Planning Board Actions
ARTICLE IX - REGULATIONS, LICENSES AND PERMITS (last amended 6-2016)
1. MISCELLANEOUS
2. GENERAL PROVISIONS
3. PARKING, TRAFFIC AND VEHICLE REGULATIONS
4. ANIMAL CONTROL
5. TRANSPORTATION
6. USER FEES
7. IMPROVEMENTS TO TOWN PROPERTY
8. STREET EXCAVATION ORDINANCE
9. BUSINESS LICENSE
10. BLASTING ORDINANCE
ARTICLE X - MISCELLANEOUS ORDINANCES (last amended 6-2015)
1. SPECIAL AMUSEMENTS
2. REGULATIONS FOR INDIVIDUAL MOBILE HOMES
3. UNDERGROUND TANKS
4. FLOOD PLAINS
5. SEWER USE
6. SHELLFISH CONSERVATION
7. RECREATIONAL VEHICLES
8. AUTOMOBILE JUNKYARDS, AUTOMOBILE GRAVEYARDS, AND AUTOMOBILE RECYCLING BUSINESSES
9. GENERAL ASSISTANCE
10. SMALL WIND ENERGY CONVERSION SYSTEMS
11. STREET NAMING AND ADDRESSING
12. FIREWORKS ORDINANCE
13. ADULT ENTERTAINMENT ESTABLISHMENT ORDINANCE
ARTICLE XI - WIRELESS TELECOMMUNICATIONS FACILITY (WTF) (enacted 12-2001)
ARTICLE XII – CABLE TELEVISION ORDINANCE (enacted 8-2004)
GLOSSARY (last revised 6-2012)
INDEX TO TOWN ORDINANCES (last revised 6-2012)
This book last revised 6/14/2016 Table of Contents
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ARTICLE I - TOWN OFFICIALS
1. GENERAL GOVERNMENT
1.1 The provisions of 30-A MRSA Section 2528, as heretofore accepted by the Town, shall govern the election of Town officers, and the following officers shall be elected by secret ballot: five people to be Select people, Assessors and Overseers of the Poor, who shall serve terms of two years, with two Selectpersons to be elected in odd years and three in even years; a member of the Superintending School Committee who shall serve for three years ,and the members of the Budget Committee who shall be elected for three years. [3-46, 3-48, 1-52, 2-53, 3-76, 3-81, 11-02, 06-04, 01-05, 6-05, 6-11]
1.2 In accordance with MRSA 30-A section 2631 et seq. the Selectboard shall hire a
Town Manager to conduct the Town’s business. [11-02]
1.3 Effective as of the 2003 Annual Town Meeting until the Town votes otherwise,
the Town Manager shall annually appoint the following: Town Clerk, Town
Treasurer, Tax Collector, Road Commissioner, Fire Chief, and Excise Tax Collector. [11-02, 06-04, 01-05, 6-05, 6-11]
1.4 Robert’s Rules of Order shall govern all meetings except when in conflict with
these Ordinances or unless alternative procedures have been established. [3-97]
1.5 The Town may disburse money only on the authority of a warrant
drawn for the purpose and which has been (1) affirmatively voted
and signed by a majority of the Selectboard at a duly called public meeting,
(2) seen and signed by a majority of Selectboard acting individually and
separately, or (3) signed as otherwise provided by law for the
disbursement of employees’ wages and benefits and/or payment of
municipal education costs. [3-04]
2. BUDGET COMMITTEE
The Town shall have a Budget Committee. Its By-laws are as follows: [3-46, 3-65]
2.1 The Wiscasset Budget Committee (hereinafter "the Committee") shall be composed of nine members who are residents of Wiscasset, each serving a three year term, three of whom shall be elected each year. In the event of a vacancy in the membership or if any member of the Committee during his or her term of office shall die, become incapacitated, resign, cease to be a resident of Wiscasset, or fail to serve, such failure to be determined by decision of the Selectboard upon report of 4 members of the Committee, the Selectboard shall promptly appoint a person to serve until the next Annual Town Meeting, and the vacancy shall then be filled by election of a candidate for the remainder of the term. [3-77]
2.2 The Committee shall convene at a convenient and public place within one week following the Annual Town Meeting to elect its Chairperson and Clerk. The Committee shall hold public meetings from time to time to conduct business. [3-77, 6-80, 3-98]
2.3 The Chairperson shall preside at all meetings of the Committee when s/he is in attendance, and s/he shall convene the Committee by notice through the Clerk to all members as to the time and place of meeting. A special meeting of the Committee shall convene upon request of any 4 members of the Committee or by the Selectboard in case of an emergency provided that 3 days notice is given to all other members as to the time and place of such special meeting. The Chairperson shall appoint such subcommittees and sub-committee chairmen as the Committee may, from time to time, approve. Every such sub-committee shall expire no later than the conclusion of the next Annual Town Meeting following its approval. The Chairperson shall be entitled to vote as any other member of the Committee. [3-77, 6-80]
2.4 The Clerk shall record the actions taken by the Committee at each meeting and shall duly notify each member as to the time and place of each meeting convened by the Chairperson. In the absence of the Chairperson at any meeting, the Clerk shall either serve as the Chairperson or shall appoint a Chairperson pro tem from members in attendance. [3-77]
2.5 In the event of a vacancy in the office of Chairperson or Clerk, the Committee shall elect a successor from among its members for the remainder of the term of the office vacated. In the absence of both the Chairperson and the Clerk, the members attending any meeting shall elect a Chairperson and a Clerk, pro tem, from the members in attendance. [3-77]
2.6 Five members in attendance shall constitute a quorum at any meeting of the Committee, and no official action can be taken without a quorum being then present. In the event of one or more vacancies in the Committee membership, 4 members shall constitute a quorum. Proxies for attendance or voting shall not be accepted. In the event of a tie vote, the motion voted upon shall be deemed not to have passed. [3-77]
2.7 The Committee shall meet with the Selectboard at least once in every year between Annual Town Meeting and December 15, in order to determine the adequacy of appropriated funds and other revenues for current year departmental operations. [3-77]
2.8 The Committee shall inquire into and consider every article to be submitted before any annual or special Town meeting which provides for the borrowing, raising, transferring, and/or appropriation of any sum of money and shall make its recommendation to the Town in regard thereto or shall report specific reasons for making no recommendation. The Selectboard shall provide a copy of any warrant dealing with borrowing, raising, transferring and/or appropriation of any sum of money at least three days prior to the day of posting for any Town meeting to the Chairperson or Clerk of the Committee. [3-77, 3-78, 6-80, 3-98]
2.9 These by-laws may be amended by the Town at any Annual Town Meeting. [3-77, 3-78, 6-80]
3. CODE ENFORCEMENT OFFICER
3.1 The Town shall have a Code Enforcement Officer who shall be appointed by the Selectboard. [3-86, 3-02]
3.2 The Code Enforcement Officer shall file a copy of Building Permits issued with the Planning Board and the Clerk's office within seven working days of granting the permit, and shall retain a copy of the permit for his or her own records. [3-86, 3-02]
3.3 The Code Enforcement Officer shall examine all buildings in the course of erection or alteration or repair as required by and for the purposes set forth in 30-A MRSA Sections 4101 - 4104 and any other applicable statute and shall make a record of all violations of the law and of any of the provisions of these ordinances with the street and location where such violations are found with the name of the owner, and/or builder and architect and all other matters relating thereto and shall make immediate report to the Town Manager. [3-46, 3-02]
4. PLANNING BOARD
4.1 Pursuant to 30-A MRSA Sec. 3001, the Town of Wiscasset, Maine, hereby establishes the Wiscasset Planning Board (hereinafter, “the Board”). [3-75]
4.2 APPOINTMENT AND DISMISSAL
4.2.1 Appointments to the Board shall be made by the Selectboard.
4.2.2 The Board shall consist of nine (9) members. [3-99, 3-01]
4.2.3 The term of each member shall be three (3) years. [3-99]
4.2.4 When there is a vacancy, the Selectboard shall within 30 days of its occurrence appoint a person to serve for the unexpired term.
4.2.5 Neither a Municipal Officer nor his or her spouse may serve as a member.
4.2.6 Not more than one (1) non-resident of the Town of Wiscasset may serve as a member.
Selectboard after notice and a hearing. Seven days advance notice of said hearing shall be given to the person who is the subject of the dismissal action.
4.3 OFFICERS AND TERMS OF OFFICE
4.3.1 The Board shall elect a Chairperson and a Secretary from among its members and create and fill such other offices as it may determine. The term of all offices shall be one (1) year, or until a successor is elected, with eligibility for re-election. [3-99]
4.3.2 Any question of whether a member shall be disqualified from voting on a particular matter shall be decided by a majority vote of the members except the member who is being challenged.
4.3.3 The Chairperson will call at least one regular meeting of the Board each month, unless there is no business requiring Planning Board attention. Special meetings may be called with 3 days notice to members.
4.3.4 No action of the Board shall be taken without a quorum consisting of five (5) members.
4.3.5 The Board shall adopt all internal rules for transaction of business, and the Secretary shall keep a record of its resolutions, transactions, correspondence, findings and determinations. All records shall be deemed public, and may be inspected at reasonable times.