Preamble
1.1 Title
This ordinance and the accompanying official zoning map shall be
known and cited as the "Zoning Ordinance, of the City of Eastport,
Maine."
1.2 Authority
This ordinance has been prepared in accordance with the provisions of "Title 38, Sections 435-449 of the Maine Revised Statutes Annotated (MRSA) as amended."
1.3 Purposes
The Purposes of this ordinance are to further the maintenance of safe and healthful conditions; to protect commercial fishing and maritime industries; to foster resource based economic development; to control building sites, placement of structures and uses; to protect significant fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to prevent and control water pollution; to protect coastal wetlands; to conserve shore cover and points of access to coastal waters; to conserve natural beauty; to provide open space; and to anticipate and respond to the impacts of development.
1.4 Jurisdiction
The provisions of this ordinance shall govern - all land and all structures within the boundaries of the City of Eastport, Maine. This Ordinance also applies to any structure built in, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.
1.5 Effective Date
The effective date of this ordinance is December 22, 1977. Amendments to this Ordinance which relate to the Shoreland Zone were adopted by the City Council on December 12, 1991 and approved by the Department of Environmental Protection on January 9, 1992. This revision has been enacted for purposes of computerization and rationalization of a numbering system by the City Council, February 3, 1997.
1.6 Availability
A certified copy of this ordinance shall be filed at City Hall and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this ordinance shall be posted.
1.7 Validity And Severability
If any section or provision of this ordinance is declared by the Courts to be invalid, such decision shall not invalidate any other section or provision of this Ordinance.
1.8 Conflicts With Other Ordinances
This Ordinance shall not annul or in any way remove the necessity of compliance with any other rule, regulation. by-law, permit, or other Provision of law. Where this ordinance imposes a greater restriction upon the use of land, buildings or structures, the provisions of this Ordinance shall control.
1.9 How To Use This Ordinance
If any person or organization plans to erect a building, or alter, expand, or demolish an existing building, or subdivide a parcel of land, or begin a new kind of use for a building or parcel of land, the provisions of this Ordinance must be followed. The basic procedure for using this Ordinance and securing a building permit or other permit are as follows:
1.9.1 Go to the office of the Code Enforcement Officer at the Eastport City Hall and check the official Zoning Map. Find out which Zoning District the property is located in.
1.9.2 Consult "Section 5 of the Zoning ordinance District Requirements." Read the requirements for the district in which the property is located. Also consult "Section 6 - Performance Standards" for any additional requirements that may pertain to the intended construction or use. "Section 2 - Definitions" may also be helpful.
1.9.3 Ask the Code Enforcement Officer for help in interpreting these basic provisions.
1.9.4 If the intended use is a permitted use in the particular district,
fill out a building permit application and submit it to the CEO
together with any plans and documents that may be necessary.
The CEO will act on application within seven days.
1.9.5 If the CEO denies the application, the applicant may wish to
appeal this decision to the Board of Appeals. Review section
8 of the Zoning Ordinance - Board of Appeals" and fill out an
application for an appeal.
1.9.6 If the intended use is listed as a "special exception" use in
non-shoreland districts, the applicant must fill out a special
exception permit application and submit it to the Board of
Appeals.
1.9.7 If the intended use is in the Flood Zone, the provisions of
the "Eastport Flood Zone Ordinance" must be met
1.9.8 If the intended use is a special exception use in the Shoreland zone, or involves the moving of more than ten cubic yards of earth in the shoreland zone for other than normal building purposes, or is in an Historic District,the applicant should review the applicable sections of the Zoning Ordinance and then submit an application for a special permit to the Planning Board or the Historic Review Committee.
1.9.9 If the intended use involves the subdivision of land or buildings, the provisions of the Eastport "Planning Board Sub-Division Standards" must be met.
1.9.10 The Planning Board or Board of Appeals, when approving special exception
uses, may require certain special conditions relating to the site plan, building
design, parking, safety standards, etc. The applicant must comply with these
conditions.
1.9.11 If the intended use is not listed as a permitted use or a special exception
use for the particular district, or is not judged by the Board of Appeals to be
similar in character to permitted or special exception uses, then that use will
not be permitted under the provisions of this ordinance. In this case, the
applicant's only recourse is to apply for rezoning. See "Section 8 Change
of Zoning District.
1.9.12 All communications relating to applications and/or appeals should be made
in writing.
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