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Land Use Ordinance

Revised: October 6, 2005 (fee schedule only)
Revised: February 9, 2006 (fee schedule only)

1. Purpose: This ordinance is designed to comply with Title 30-A M.R.S.A., Section 3001 providing for permits and Title 30-A M.R.S.A., Section 4452 providing penalties for violations.

2. Scope: The provisions of this ordinance shall apply to all new construction or exterior alterations that would increase the outside dimensions of any building. This ordinance also applies to the locating or re-locating of mobile homes and/or other structures. This does not apply to normal upkeep or maintenance of buildings. Any person or persons who, during the course of construction or other activity on his/her property, directly or indirectly causes damage to a public or private way shall be responsible for all repairs to said way.

3. Permit: Before new construction or exterior alterations that would increase the outside dimensions of any building, or before location or re-location of mobile homes and/or other structures, or before the location of any structure intended for occupancy or other use for periods exceeding three months, including but not limited to the placement of mobile residential trailers (a.k.a. "fifth wheels"), recreational vehicles or storage sheds, the owner or duly appointed representative shall obtain a permit pertaining to such work from the duly authorized issuing agent or body for the particular district on which it is empowered to act as detailed under, but not specifically limited to, Shoreland Zoning, Flood Plain Management, and Subdivision Ordinances.

In areas not specifically designated by ordinance and outside the 250-foot line of a shore, the CEO will be empowered to act as issuing agent for all permits. Issuance of the requested permit or notice of refusal shall be given within 30 days upon receipt of a complete application. Notice of refusal shall be in writing and shall state specifically the reasons for refusal.

No permit shall be issued prior to the applicant obtaining all other Local, State and Federal permits required, including a State HHE-200 form if plumbing is required. Any work commenced prior to the issuance of the permit shall be considered a violation of the provisions of this ordinance. A copy of the permit shall be filed with the Board of Assessors and the Planning Board.

4. Application: The application for the permit shall be in writing on the standard town form for the district where the property is located and shall contain a description of the proposed new or altered dimensions of the building or the location or re-location of a mobile home and/or other structures. The application shall be filed with the necessary attachments and fee at the town office. A detailed map location the property and, where possible, the Fire Road number and the number on the nearest power pole to the site should be included with the application.

5. Right of Appeal: Upon denial of a building permit the applicant may present the proposal to the Board of Appeals for review.

6. Life of Permit: All building permits shall be void after one year from the date of issuance unless a substantial amount of the proposal has been completed.

7. Display of Permit: Every building permit shall be retained by the owner or duly authorized representative until all work covered by the permit is complete. The owner or duly authorized representative shall produce the permit upon request.

8. Fee: Once site plan review permit approval has been received from the planning board, a building permit shall also be obtained. The application fee for building permits shall be established by the town's Board of Selectmen subsequent to public hearing. The application fee shall be paid to the town by cash or check. The Code Enforcement Officer shall issue no building permit until the fee is paid. This fee shall not be refundable.
Fee Schedule as voted on at a public hearing held by the Board of Selectmen on October 6, 2005 - amendments effective January 1, 2006. - $25.00 non-refundable application fee.
- $15.00 to renew and re-issue a permit.
- Shoreland Zone: $50.00 surcharge for processing applications for residential and commercial structures and $.10 per square foot.
- $.10 per square foot for interior (finished) residential or commercial space
- $.05 per square foot for auxiliary (non-finished) space - usable attics, basements, garages, decks, storage buildings, sheds, carports, etc.
- Driveway Fee: $10.00
- Driveways made without a house, seawalls, docks, camp road and miscellaneous non-structure improvements excluding fences: $50.00

Failure to obtain a permit before the start of construction - ALL FEES DOUBLE
Enforcement by CEO for Section 12 - Violations.

9. Structure Locations: (With the exception of communications tower as discussed in Section 10 below)

The placement of principal and accessory structures on lots shall meet or exceed the following minimum requirements, except structures which require direct access to the water as an operational necessity, such as piers, docks, and retaining walls.
A. 75-foot setback from the normal high water line of coastal waters and other waters except as provided below.
B. 100 feet from normal high water line of great ponds and rivers classified GPA.
C. 15-foot setback from all abutting properties.
D. 5-foot setback from edge of right-of-way when right-of-way can readily be established, or 35 feet from the centerline of the road when the right-of-way cannot be readily established.
E. For the purpose of fire safety no occupiable building shall exceed thirty-six (36') feet in height as measured from the lowest grade immediately proximate to the building.

10. Communication Towers:
A. Definition: Any structure which primary use is intended for the reception of transmission of radio, television or telephone signals.
B. Height: Communications towers exceeding thirty-six (36') feet in height may be permitted subject to the following standards:
(1). Lot size: the minimum lot size shall be in conformance for lot sizes established in the Town of Gouldsboro for residential structures.
(2). The structure is not within a Shoreland Zone.
(3). The structure is placed on the lot so that its minimum setback from all lot line, occupiable structures and rights-of-way is equal to its height.
(4). All State and Federal permits have been obtained prior to the issuance of the building permit, including but not limited to FAA and ECC approvals.
(5). Confirmation by a registered structural engineer that the structure's design meets the minimum wind and structural loads as established in the Uniform BOCA Code or more stringent Federal, State or local code which appropriately applies to the project.
(6). The permit application shall include the construction of lockable security fences around the structure which shall be designed to prohibit unauthorized access to the tower.
C. Approval: The Planning Board shall hold a public hearing, and shall inform the known abutting property owners in writing of such meeting, prior to the issuance of any building permit to allow the public an opportunity to comment on the proposals conformance to the standard enumerated in Section 10, B above.

The Planning Board shall approve the permit when it determines that the applicant conforms to the standards enumerated above unless any person presents factual evidence that the proposal otherwise violates the public health, safety and welfare.

The petitioner shall be given an opportunity to modify the proposal prior to final action by the Planning Board if any such evidence is presented.

11. Driveway Permit: Any property owner wishing to construct an entrance to his/her property from a town road must obtain a building permit designated "driveway permit" before commencing construction. No permit will be issued until all fees have been paid and the premises have been inspected and approved by the Code Enforcement Officer.

12. Violations: Any building constructed or altered or any mobile home and/or other structure located or relocated which violates the provisions of this ordinance shall be considered a nuisance. Any person found guilty of violating any provision of this ordinance shall be subject to civil penalties and costs, which shall be no less than $100 nor more than $2,500, as provided under Title 30-A M.R.S.A., Section 4452.

13. Validity and Separability: 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.

14. Conflicting Ordinances: In any case where a provision of this ordinance is found to be in conflict with a provision of any other ordinance, regulation, or code of the Town of Gouldsboro existing on the effective date of this ordinance, the provision which established the higher standard shall prevail.

15. Prior Ordinances: Upon approval of this ordinance by a majority vote of the registered voters of the Town of Gouldsboro at a regular or special Town Meeting, the previous building permit ordinance of the Town of Gouldsboro shall be deemed repealed effective as of that date.

16. Amendments: This ordinance may be amended in part or in whole by a majority vote of the registered voters of the Town of Gouldsboro at a regular or special Town Meeting.

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