Town Office
InformationLand Use
ARTICLE I PURPOSE
An ordinance to promote the health, safety, convenience and welfare of the inhabitants by dividing the Town into zones and regulating the use and construction of buildings and premises with a view to encourage the most appropriate use of Land in the Town, in accordance with provisions of Chapter 90-A of the Revised Statutes of Maine, 1954, as amended.
ARTICLE II TITLE
This Ordinance shall be known and may be cited as the "LAND USE / ZONING ORDINANCE of the Town of Carmel, Penobscot County, Maine."
ARTICLE II A DEFINITIONS
(A) ROADS: A public or private thoroughfare, way, or easement permanently established and deeded for passage of persons or vehicles, having a minimum width of 60 feet. Road width may be reduced with Planning Board approval.
(B) DRIVEWAYS: A private way primarily intended to transport vehicles from a public or private way to a point within a single lot.
(C) “AREA OF SIGNS.” Area of signs shall mean the total area, whether it be in one sign or a number of signs. The area of signs composed of individual letters without background shall be taken as that enclosed by a series of lines joined to form a perimeter bounding all parts of the display.
(D) “ATTACHED SIGNS.” Attached signs shall mean a sign or awning attached to a building or other structure.
(E) “BUSINESS SIGNS.” Business sign shall mean a sign which intends to directs attention to a business profession, product, service, activity or entertainment sold or offered upon the premises where such sign is located.
(F) “DETACHED OR FREESTANDING SIGN.” Detached or freestanding sign shall mean a sign that is not attached to any building or structure and is self–supporting structure.
(G) “DIRECTIONAL SIGN.” An off premise sign proving the traveling public information where a change of direction from a highway or regional significance to another public way must be made so as to reach a business service.
(H) “ILLUMINATED SIGN.” Illuminated sign shall mean a sign which has character, letter, figures, designs or luminous tubes as part of the sign or is internally lit.
(I) “NON-ILLUMINATED SIGN.” Non-illuminated sign shall mean an illuminated non-flashing sign whose illumination is derived entirely from an external source.
(J) “SHOPPING CENTER.” Shopping center shall mean a privately owned area where two or more stores are grouped together and use a common, private parking lot.
(K) “SIGN.” Sign shall mean any name, identification, description, and display. Illustration or devise which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public.
ARTICLE III ESTABLISHMENT OF ZONES
1. TYPES OF ZONES. For the purpose of this Ordinance the Town of Carmel is hereby divided into the following types of zones:
A. Residential - Farming Zone.
B. Commercial Zone.
C. Industrial Zone. (Deleted August 11, 1997.)
2. LOTS IN TWO ZONES. Where a zone boundary line divides any lot existing at the time such line is adopted, the regulation for less restricted portion of such lot shall extend not more than thirty feet into the more restricted portion, provided the lot has frontage in the less restricted zone.
3. ZONING MAP. Said zones are located and bounded as shown on the Official Zoning Map, which together with all explanatory matter thereon is hereby adopted by reference and declared to be apart of this ordinance. The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Selectmen, attested by the Town Clerk under the following words: "This is to certify that this is the Official Zoning Map referred to in section 3, Article III of the Zoning Ordinance of the Town of Carmel, Penobscot County, Maine" (Attest Carmel Town Clerk) together with the date of the adoption of this Ordinance.
4. CHANGES IN THE REPLACEMENT OF ZONING MAP. Any changes on the Official Zoning Map in zone boundaries or other matter portrayed on the Official Zoning Map must be made within ten (10) days after an amendment to the Zoning Ordinance has been adopted together with an entry on the Official Zoning Map as follows: "On (date), by official act of the Town the following change(s) (was) (were) made in the Official Zoning Map (brief description of the nature of change), which entry shall be signed by the Board of Selectmen and attested by the Town Clerk, and any such changes must be adopted, in accordance with the provisions of both this ordinance and Chapter 90-A of the Revised Statutes of Maine, 1954, as amended. Included within the provisions of any such amendments must be the provision that change or amendment shall not become effective until it has been duly entered upon the Official Zoning Map and no amendment to this ordinance involving boundaries or other matters described on the Official Zoning Map shall become effective until after this change and entry has been properly made on the Map. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance, and punished in the same manner as any other violator of this Ordinance, as provided in Article XI. The Town Clerk, official custodian of the Official Zoning Map, shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures, in the Town.
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the number of changes and additions, the Planning Board may adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map.
The new Official Zoning Map may correct drafting or other errors or omissions in the prior Map, but such corrections shall not under any circumstances have the effect of amending the original Zoning Ordinance or any subsequent properly adopted amendment thereof. The new Official Zoning Map shall be identified by the signature of the Chairman of the Board of Selectmen attested by the Town Clerk under the words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of the Map being replaced) as part of the Zoning Ordinance of Carmel, Penobscot County, Maine.)"
ARTICLE IV RESIDENTIAL-FARMING ZONE USE
1. Areas. The entire area of the Town of Carmel not otherwise hereinafter set aside as commercial zones, as shown on the Official Zoning Map, shall constitute a residential-farming zone.
2. Uses. In the Residential-Farming Zone no building shall be constructed or altered and no building or premises shall be used for any purpose except:
a. Family dwelling; Including a single trailer or mobile home.
b. Private Club not conducted for profit and not containing more than five sleeping rooms.
c. Church.
d. Educational Use.
e. General-purpose farm, agriculture, garden, or nursery, selling only produce or plants the major portion of which is raised in the Town of Carmel and excluding any use injurious, noxious, or offensive to the neighborhood.
f. Municipal or water supply use.
g. Accessory use customarily incident to any of the above permitted uses and not detrimental to a residential-farming neighborhood, including such uses as a doctor's, architect's, beautician's real estate or insurance agent's office in his or her residence. The term "accessory use" shall not include any use not on the same lot with the building to which is accessory; or the taking of more than four lodgers in any dwelling unit; or advertising signs except those pertaining to the lease, sale, or use of a lot or building on which they are placed, and not exceeding a total of twelve square feet. DIRECTIONAL SIGNS, not exceeding 8" x 30" will be allowed to be placed on land other than the owner with the permission of the land owner and the Board of Appeals.
h. Special Uses Permit Standards
These standards allow maximum use while insuring against adverse impacts on the neighborhood environment and public interest.
(1) No objectionable condition as determined by the CEO or Planning Board, such as noise, smoke, dust, electrical disturbances, odors, lights or activity outside the house, 7:A.M. to 9 P.M. shall be permitted
(2) Setbacks: Setbacks shall be at least 20’ from any lot lines.
(3) Parking: The number of spaces to be deemed appropriate by the C.E.O. or Planning Board.
(4) Signs: All signs shall meet the Town of Carmel requirements.
(5) Oversight: The Planning Board shall determine whether a particular use conforms to these standard. It may impose additional reasonable conditions, litigations, and protective measures that are impossible to predict to preserve the residential character of the area.
(6) Enforcement: After the Planning Board approves a Special Use Permit the C.E.O. shall issue the permit and enforce the regulations. These Permits may be revoked if information proves to be false or regulations are misused.
i. Any uses not listed in Sections A -H must come before the Planning
Board for a Special Use Permit.
3. Special Requirements for either Trailer Park or Mobile Home Court use.
Any person or corporation who proposes to establish a trailer park and or mobile home court must conform to the following minimum requirements.
a. Each trailer space must be at least 150 feet wide by 150 deep.
b. The park must contain adequate lighting.
c. For every 15 trailers spaces there shall be reserved two such spaces of the same dimension as above set forth, to be used as a playground.
d. Roadways within the trailer park and/or mobile home court must be at least sixty feet wide and if not continuous must contain an adequate turning circle.
e. All plumbing in the trailer park must comply with State and local plumbing laws and regulations.
f. Each trailer park and/or mobile home court shall contain a sewerage system in accordance with the regulations of the Department of Health and Welfare of the State of Maine.
g. Any person or corporation proposing to establish a trailer park or mobile home court shall submit a plan of the proposed layout to the Planning Board for their approval. Said plan shall indicate substantial compliance with minimum requirements (a-f) and such additional reasonable regulations as may be adopted by the Planning Board. No trailer park or mobile home court presently existing shall be permitted in the Town of Carmel without Planning Board approval in writing. Any expansion of existing trailer parks and/or mobile home court shall have to comply with the following requirements and obtain Planning Board approval.
4. Special Requirements for Land Subdivision. Any proposed subdivision of land into three or more lots shall be subjected to the approval of the Planning Board. In this connection, any person or corporation proposing to subdivide land as aforesaid shall:
a. Submit a plan of the proposed subdivision to the Planning Board, which plan shall indicate the following:
1. Compliance with the zoning laws of the Town of Carmel.
2. Grades, drainage sewerage, and road surfacing.
b. Submit specifications to the Planning Board indicating compliance with the Building Code, and any other reasonable rules and regulations as may be adopted.
c. Fees: Approval of a Preliminary Plan shall not constitute approval of the Final Plan, but rather serve as approval of the general design submitted in the Preliminary Plan as a guide to the preparation of the Final Plan. The Subdivider or his authorized agent shall submit a fee of $250 with the Preliminary Plan and a fee of $100 per lot with the Final Plan. These checks shall be made payable to the Town of Carmel. There will be a fee of $100.00 for all special meetings other than the regular scheduled meetings on the first Monday of each month, excluding holidays.
ARTICLE V COMMERCIAL ZONE USES
1. Area. The following described area of the Town of Carmel as portrayed on the Official Zoning Map are hereby determined to be Commercial Zones:
a. Starting at the intersection of U. S. Route Two, Plymouth Road, and Hampden Road, Easterly on the Hampden Road, a distance of 500 feet and a distance of 500 feet each side of the centerline of said road. Westerly on the Plymouth Road a distance of 500 feet and a distance of 500 feet each side of the center line. Starting at the intersection and extending in a westerly direction along U. S. Route Two to the intersection of the Damascus Road (Both sides.)
b. Starting at the intersection in an easterly direction along U.S. Route Two, to Harvey Stream, Extending back 500 feet from the center line of U.S. Route Two on both sides of the road.
c. Starting at the intersection of the Fuller Road and Horseback Road extending back 500 feet from the centerline on both sides of the road. In a northerly direction along Horseback Road 500 feet. In a southerly direction along Horseback Road 500 feet. In an easterly direction along the Fuller Road, 500 feet. In a westerly direction along the Fuller Road, 500 feet.
d. An area extending back 500 feet from the center line of U. S. Route Two, on both sides of the road beginning at the intersection of the Irish Road in an easterly direction to the intersection of the Horseback Road.
e. Starting at the intersection of the Horseback Road and U. S. Route Two an area extending back 500 feet from center on south side of U. S. Route Two and 1,000 feet from centerline on north side of U. S. Route Two and extending in an easterly direction to the Carmel and Hermon Town Line.
f. An area extending 500 feet deep on each side of the Maine Central Railroad, starting at a point 500 feet northwest of U. S. Route #2 and extending to the Five Road. Also, an area starting on the southeasterly side of U. S. Route #2 and 500 feet in depth, on the southerly side of the Maine Central Railroad right of way and extending 2000 feet in a southeasterly direction. (Added August 11, 1997.)
g. Starting at the Etna Town Line, on U. S. Route #2, and continuing in an easterly direction to the easterly end of Damascus Road, extending back 500 feet in depth from the center line of U. S. Route #2, on both sides of the road, and from Harvey Stream, continuing easterly, to the Irish Road, extending back 500 feet in depth from the center line of U. S. Route #2, on both sides of the road. (Added August 11, 1997)
2. Uses. In a commercial zone, no building shall be erected or altered and no building or premises shall be used for a coal, junk, lumber yard, or for any purpose injurious, noxious, or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration, noise, or other cause, or for any purpose except:
a. Any use permitted in a residential-farming zone, excluding trailer parks and/or mobile home courts.
b. Apartment house, lodging house, hotel, motel, or overnight cabins.
c. Filling stations, parking space for storage of automobiles or garage.
d. Club
e. Office, Bank.
f. Place of amusement or assembly.
g. Restaurant, store or bakery.
h. Storage of pulpwood or logs for shipment
i. Sign advertising goods or services offered by an occupant of the premises for sale, hire, or use.
j. Any other business, service or public utility excluding trailer parks and/or mobile home courts, not involving manufacture on the premises; except manufacture by not more than four operatives of products, the major portion of which is to be sold at retail by the manufacturer to the consumer is permitted.
ARTICLE VI INDUSTRIAL ZONE
1. Deleted August 11, 1997.
ARTICLE VII MINIMUM AREA AND SET BACK REGULATIONS
1. Dimensions. In the residential-farming, and commercial zones, no single-family dwelling or individual mobile home outside a mobile home park shall occupy a lot measuring less than two (2) acres in area and 200 feet along the front. No two-family dwelling shall occupy a lot measuring less than two and one half acres (2 1/2) and 250 feet along the front and for each additional unit above two (2), there shall be provided an additional one-half (1/2) acre of area on the lot and an additional 20 feet of frontage, FRONTAGE, shall mean frontage along an accepted public way or an approved private way. This amendment does not apply to individual lots in existence before the acceptance of this amendment. In the residential-farming zone, no lot shall be occupied by more than one dwelling unit.
a. Subdivisions of land with lot sizes of five acres or more shall have a minimum frontage of 400 feet on an accepted public way or an approved private way.
2. Living Space. No dwelling, including mobile homes (exclusive of additions, thereto) shall be constructed upon a lot or moved onto another lot unless said dwelling shall contain at least 500 square feet of living space, with a minimum of 500 square feet of ground floor space.
a. CAMP: A building intended only for use on a seasonal basis. If located on the same lot with a principal building, it is considered to be an accessory structure. Use or rental as a principal structure is not allowed. A camp may be a simple one room primitive structure or a building with all modern conveniences. All plumbing and electrical improvements shall comply with the applicable codes.
3. Limitation. LOT SIZE. No lot size shall be reduced in size to less than two (2) acres in area and 200 feet frontage on a public way or approved private way by transfer, title, lease, or otherwise. All lots shall be staked with permanent markers.
4. Set Back Regulations. In all zones, no building shall be erected within less than 20 feet of any adjacent lot, nor shall any structure be erected, enlarged, or moved to within 68 feet of the center line of an adjacent state, state-aid or public or private way, except with the approval of the Board of Appeals.
5. Existing Lots. The present provisions of the Zoning Ordinance relating to non-conforming uses shall continue to apply to existing lots.
6. Roadways. In the residential-farming, commercial zones, all new roadways shall meet the following minimum standards.
a. 60 foot right of way.
b. Two lanes, each lane a minimum of 10 feet wide.
c. Sloped and ditched 8 to 10 feet each way.
d. At least 24" gravel base with 6" gravel surface.
e. No culvert shall be less than 15" in diameter.
f. Bridges shall have a minimum width between curbs of 26 feet.
g. Dead end roads or streets shall have an adequate turnaround.
h. All roadways shall be paved with bituminous asphalt no less than 2" (inches)
deep after compacted.
7.Signs.
a. Sign Regulation Standards No person, firm or corporation shall hereafter erect, hang, place or alter the site or shape of an existing sign or sign structure of any kind without a permit having been issued in conformance with the provisions of the Ordinance. The following signs are exempt from the provisions of this Ordinance:
1. Any sign, which was lawfully in existence prior to June 2001 provided, however, any changes in size, construction, location, or lighting of said sign shall constitute a new sign and such change shall be governed by the terms of this Ordinance.
2. Real estate signs, attached or freestanding, may be erected advertising the sale lease or rental of premises and shall be removed by the owner or agent when the property is sold or leased.
3. One development of construction sign not to exceed thirty-two (32) square feet in area attached or freestanding, may be erected provided such signs shall be limited to a general identification of the project and shall be removed within thirty days after completion of the project.
b. Home Occupation Signage:
One (1) sign not exceeding twelve (12) square feet, or a total of three (3) signs not exceeding sixteen (16) square feet identifying the name, address, profession, and occupation of a permitted home occupation or lawfully existing non-conforming home occupation is permitted provided that such sign does not adversely impact the character of the neighborhood.
c. Commercial Business Zones:
Attached, detached and projecting signs, or double faced, identifying uses of goods sold or services rendered on the premises totaling two (2) square feet of area for every running foot of building road frontage, not to exceed one hundred twenty (120) square feet of total signage. Freestanding signs shall not extend to an elevation greater than twenty-five (25) feet above the level of the ground which they are erected and be limited to one per site. No attached sign or supporting structure shall extend more than five (5) feet above the level of a roof.
d. Shopping Centers:
Attached Signs – In shopping centers developed under a single ownership, each store or shop front may have an attached sign totaling one (1) square foot of area for every running foot of it’s frontage. Each unit in a shopping center that is a separate establishment shall be treated as such in determining the allowable frontage of signs. Freestanding Signs – Each shopping center may have an additional detached sign directing the public to the shopping center and identifying use and services rendered on the premises and having a total area not greater than one hundred-twenty (120) square feet. Freestanding signs shall not extend to an elevation greater than twenty- five (25) feet above the level of the ground which they are erected and be limited to one per site.
e. Exempt Signs:
The following signs are exempt from the processions of this section except as Otherwise provided for herein:
1. Signs erected by a government body
2.Traffic control signs, signals, and/or devices.
8. Telecommunications Cables: Telecommunications cables which are buried with the right-of-way limits of public highways shall be set back 28 feet from the center line of the traveled way and shall be buried to a minimum depth of 2 feet with a minimum depth of 3 feet being required at all culvert locations
ARTICLE VIII NON-CONFORMING USES
1. Continuation of Non-Conforming Uses. Any lawful building or use of a building or premises or part thereof existing at the time this ordinance or any amendment thereto is adopted may be continued although such building or use may on approval of the Board of Appeals be extended throughout such premises.
No non-conforming use that has been discontinued for a continuous period of one year shall be re-established except in conformity with this ordinance.
2. Change of Non-Conforming Uses. The Board of Appeals may permit any non-conforming use to be changed to any specified use not substantially different in character or more detrimental to a neighborhood.
3. Limitation of Restoration. No buildings which has been damaged by fire or other cause to extent of more than three quarters of its value shall be repaired or rebuilt except in conformity with this Ordinance, irrespective of the buildings being a non-conforming use prior to the damage. Permission for such repairs of rebuilding shall be granted unless there is to be material change in the size, character, or use of the building to be rebuilt or repaired.
ARTICLE IX ADMINISTRATION AND ENFORCEMENT
1. Administration. When in the opinion of the Inspector of Buildings, an applicant has complied in all respects with provisions of this Ordinance the Inspector of Buildings shall issue the following permits:
a. Entrance Permits; Entrance Permits are to be issued prior to building permits.
b. Building Permit. No building or part thereof shall be constructed, structurally altered, enlarged or moved unless a building permit for such action has been issued by the Inspector of Buildings.
c. Use Permit. No building or part thereof that has been completed, altered, enlarged or relocated shall be occupied or used unless a use permit for the proposed use has been issued by the Building Inspector.
An application for either of these permits shall be submitted in such form as the Inspector of Buildings may prescribe, and such application shall be made by the owner or lessee or agent of either or the builder employed in connection with proposed construction. The applications for permits shall be accompanied by a plan showing the lot, the area and location of which shall justify the buildings, together with such drawings of the proposed work, including when necessary, floor plans, sections, elevations and structural details, as the Inspector of Buildings may require.
c. Foundations for dwelling and light structures may be of plain concrete, reinforced concrete, or masonry. Except, where mat or floating foundations are used, all foundations shall extend below the frost line.
FOR HEAVY STRUCTURES, CONVENTIONAL SYSTEMS OF SPREAD FOOTINGS, CAISSONS, OR PILES MAY BE USED. ALL STRUCTURES OR DWELLINGS SHALL BE ENCLOSED AT THE BASE WITH SUITABLE BUILDING MATERIAL.
2. Permit Fees. No application for a permit shall be considered to have been filed until the stipulated fee thereof has been paid and fees for permits shall be collected by the Inspector of Buildings as follows:
DWELLINGS: First two hundred square feet - $30.00 each additional one hundred square feet is multiplied by $5.00;
ACCESSORY BUILDINGS:
First two hundred square feet $20.00 each additional one hundred square feet is multiplied by $3.00;
COMMERCIAL/INDUSTRIAL:
First two hundred square feet - $50.00 each additional one hundred square feet is multiplied by $7.00.
ADDITIONS: Will be charged in accordance to what type primary structure is;
PORCHES/DECKS/POOLS/WHARVES/SIGNS/PRIVATE CAMPSITES: Will be - $25.00
SPECIAL USE PERMITS: Will be - $250.00
CHANGE OF OCCUPANCY: Will be - $25.00
3. Enforcement. It shall be the duty of the Inspector of Buildings to immediately examine all applications for permits. If, after examination, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws and regulations applicable thereto and the proposed construction or work will be safe, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he will reject such application, noting his findings in a written report to be attached to the application and delivering a copy to the applicant.
4. Authority The Inspector of Buildings, in the discharge of his duties, shall have authority to enter any buildings, structure or premises at any reasonable hour. No building hereafter erected or altered shall be occupied or used in whole or in part until a Use Permit shall have been issued by the Inspector of Buildings. Appeal from the decision of the Inspector of Buildings shall be taken as is provided in Article X of this Ordinance.
5. Standards. All building materials used and practices followed in the construction of buildings shall conform to the generally accepted standard of good practice. The Laws of Maine and regulations hereunder relating to plumbing work, electrical work, public health and the National Board of Fire Underwriters as the same may be amended from time to time serve as a guide to the Inspector of Buildings in issuing permits.
All buildings erected shall provide for reasonable life safety in the construction, arrangement and use of exit facilities from the building, together with such features of construction and protection as have a bearing on safety of egress. In the construction of exists, exit ways, doors, doorways, halls, hallways, passages, and passageways the construction shall conform to the generally accepted standards of good practice. The Laws of Maine and regulations there under relating to fire insurance and the provisions of the Building exit Code of the National Fire Protection Association shall serve.
6. Alternate Disposal Systems (PRIVIES): Allowed, subjected to the provisions of the State of Maine Plumbing Code.
7. Actions in Violation of Issued Permits. Whenever the Inspector of Buildings is satisfied that the building or structure, or any work in connection therewith, the erection, construction or alteration of which is regulated, permitted or forbidden by this Ordinance, is being erected, constructed or altered, in violation of the provisions or requirements of this Ordinance, or in violation of the detailed statement or plan submitted and approved there under, or of a permit or certificate issued there under, he shall serve a written notice or order upon the person responsible there for directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this Ordinance.
8. Remedies for Violations. The Inspector of Buildings is charged with the prosecution for all violations of the provisions of this Ordinance. In case such notices or orders referred to in Section 6 of this Ordinance are not promptly complied with, he shall make such complaints to the Courts as in his judgment are proper, or he may institute such action or proceedings at Law or in equity as are proper, to restrain, correct, remove, or punish such violation.
9. Appointment. The Inspector of Buildings above referred to shall be appointed annually by the Town of Carmel Board of Selectmen.
ARTICLE X BOARD OF APPEALS
1. The Appointment and Membership. There is hereby created a Town of Carmel Board of Appeals of three members and one associate member appointment by the Municipal Officers as provided by Section 6-1, Sub-Section III, Chapter 90-A of R.S. Maine 1954, as amended. The terms of members shall be such that the term of one member shall expire each year. The associate member will be appointed annually and shall act on said Board in place of any member who may be unable to act due to interest, absence from the State of physical incapacity.
Notice of hearings before the Board of Appeals shall be posted in three public places in the Town of Carmel at least seven days prior to the hearing date.
2. Powers. The Town of Carmel Board of Appeals shall have the following powers:
a. To hear and decide appeals, where it is alleged there is error in any order, requirement, decision or determination made by the Inspector of Building, or any other administrative officer in the enforcement of this Zoning Ordinance or any amendments thereto.
b. To authorize upon appeal in specific cases variances from the terms of this Zoning Ordinance as will not be contrary to the public interest where owning to special conditions a literal enforcement of the provisions of the Ordinance or any amendments thereto will result in unnecessary hardship or practical difficulty and so that the spirit of the Zoning Ordinance shall be observed and substantially justice done.
c. In the exercise of the above mentioned powers in conformity with provisions of law and this Ordinance and amendments thereto to reverse or affirm wholly or partly, or modify an order, requirement, decision or determination appealed from, and to make such order, requirement, decision or determination as ought to be made and to that end, to exercise all powers of the officer from whom the appeal is taken.
3. Organization and Rules. The Town of Carmel Board of Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Ordinance. Meeting of the Board of Appeals shall be held at the call of the Chairman, and at such times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel attendance of witnesses. All meetings of the Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the Town Clerk and shall be public record.
4. Appeals. Appeals to the Board of Appeals on the decision of the Inspector of Buildings shall apply for any aggrieved party. An aggrieved party, either the Town of Carmel, or a citizen may appeal from the decision of the Board of Appeals to the Superior Court of Penobscot County as provided by the Laws of the State of Maine.
ARTICLE XI PENALTIES
Whoever shall violate any of the provisions of this Ordinance or fail to comply with any of the requirements thereof shall upon conviction be punished by a fine of not more than $50.00 and each day on which such violations continue shall constitute a separate offense.
ARTICLE XII AMENDMENTS
On petition or on recommendation of the Planning Board or on their own motion, the Municipal Officers may present Warrants for consideration by the Town to amend, supplement, or repeal the regulations and provisions of this Ordinance in accordance with the procedure and requirements as set forth in Section 61, Chapter 90-A, R.S. Maine 1954, as amended. Before such consideration by the Town, a Planning Board public hearing must be held, the Planning Board report on same filed with the Town Clerk. A public hearing called by the Municipal Officers MAY also be held not less than ten (10) days before consideration by the Town. (SHALL - deleted, and MAY - added August 11, 1997.)
Ammended as written: Special Town Meeting June 18, 2001
Attested: Thomas F. Richmond
Thomas F. Richmond
Town Clerk