MODEL SHORELAND ZONING PERMIT FORMS

Prepared by Office of Comprehensive Planning,  January 1991
(included in MMA's Handbook for Local Planning Boards: A Legal Perspective, August 1982, rev. 1991)
prepared by Rebecca Warren Seel, Senior Staff Attorney

This Maine Municipal Association publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

The attached model Shoreland Zoning permit forms have been developed by the Office of Comprehensive Planning (OCP) in coordination with the Department of Environmental Protection (DEP) to assist municipalities with the administration and enforcement of local ordinances adopted pursuant to the Mandatory Shoreland Zoning Act. Municipalities are encouraged to modify these forms to fit the specific requirements of local ordinance provisions and administrative procedures.

In addition, although these forms have been designed for the Shoreland Zoning permitting process, they can be modified to serve as the general building permit application forms for a municipality. To modify the forms in this way, a municipality would need to add sections requesting applicants to provide information related to locally adopted building codes (e.g. information on structural specifications; electrical, plumbing, heating systems; chimneys; etc.). Assistance in tailoring these forms to meet local needs may be obtained from your Regional Council or the Office of Comprehensive Planning.

The role of local planning boards and code enforcement officers in the review of Shoreland Zoning permit applications varies from town to town. For instance, in some municipalities the planning board is responsible for reviewing and approving certain types of land use activities in the Shoreland Zone, such as a commercial development project or construction of a permanent dock, while the code enforcement officer is responsible for residential structures and other uses. In other municipalities, it may be the code enforcement officer and not the planning board that reviews and approves all shoreland development projects. Municipalities should note that these model forms have been designed based on the assumption that the local code enforcement officer will be responsible for issuing all Shoreland Zoning permits. If necessary, the forms should be modified to meet the requirements for issuing permits specified in the local Shoreland Zoning Ordinance.

The following discussion describes each section of the model permit forms. The forms are divided into three parts: the Model Shoreland Zoning Permit Application (white pages); Appendix 1 - Shoreland Zoning Permit Checklist (yellow page); and Appendix 2 - Special Permit Form (blue page).

Model Shoreland Zoning Permit Application (white pages)

General Information page - This section requests basic information about the location and type of project proposed. Included here is a brief written description of the project. Note that site plans and other sketches are required in subsequent sections of the application form.

If a project is approved, a small box at the top right hand corner of this form provides space for the code enforcement officer or other appropriate municipal official to fill in the permit number, the date of issue, and the fee amount.

Shoreland and Property Information page - This section requests more specific information about the proposed project. In particular, the applicant is asked to provide information that will assist the code enforcement officer and planning board in determining whether the project meets Shoreland Zoning requirements. For example, the applicant must provide information on the size of the lot, the amount of the lot to be covered by nonvegetated surfaces (e.g. buildings, driveways, etc.), and the frontage along the waterbody.

Questions 24 and 25 are intended to help the code enforcement officer and the applicant calculate whether a proposed expansion of a portion of a structure which is less than the required setback meets the requirement in the Mandatory Shoreland Zoning Act that limits such expansions to 30% (in floor area or volume). The 30% limitation is applicable to any proposed construction since January 1, 1989 and applies over the lifetime of a structure.

Determining whether an expansion meets the 30% limitation is a four-step process:

A. First, the floor area (sq. ft.) and volume (cu. ft.) of that portion of the structure which is less than the required setback as of January 1, 1989 must be determined (this is "baseline" information);

B. Second, the floor area and volume of any expansions of that portion of the structure which is less than the required setback constructed between January 1, 1989 and the time the pending application is submitted must be determined;

C. Third, the floor area and volume of the expansion of that portion of the structure which is less than the required setback proposed in the pending application must be determined; and

D. Fourth, the percent increase in floor area and volume of all expansions of that portion of the structure which is less than the required setback since January 1, 1989 must be calculated. This is done by -

1. Adding the numbers calculated for B. and C. above;

2. Dividing that number by the number calculated for A. above; and

3. Multiplying the final figure by 100.

To ensure that the 30% limitation is applied properly, municipalities must clearly define the terms "structure," " floor area," and "volume" and apply these definitions uniformly when calculating the size of existing structures and proposed expansions. Moreover, municipalities must also take care to establish a record-keeping system so that records of expansions of structures in the shoreland zone are kept over the lifetime of a structure.

[Note: Municipalities have the option of prohibiting any expansions of structures or portions of structures within the required setback, thereby eliminating the need to keep expansion records over the lifetime of a structure and calculate whether a proposed expansion meets the 30% limitation. Alternatively, municipalities can specify that only a one-time expansion of portions of structures within the required setback be allowed (consistent with the 30% limitation).]

Site Plan page - To assist the code enforcement officer and planning board in reviewing a proposed project, the applicant is asked to sketch a site plan, including the position of any structures with setback distances from the shoreland, all property lines, areas to be cleared of trees and other vegetation, areas and amounts to be filled or graded, and the location of proposed wells, septic systems, and driveways. Applicants are also requested to provide a scale for the site plan and distinguish the proposed expansion from the existing structure.

Front and Side Elevations page - Like the site plan, these simple sketches of the front (or rear) and side elevations of existing and proposed structures are intended to give the code enforcement officer and planning board a clear picture of the proposed project.

Additional Permits, Approvals, and/or Reviews Required page - This section advises applicants to consult with the code enforcement officer and other appropriate state and federal agencies to determine whether additional permits (local, state, and/or federal) are needed. All required permits, approvals, and/or reviews should be checked in the boxes provided.
Applicant's Signature page - The applicant must sign and date the completed application form before it is submitted to the code enforcement officer. Note that the applicant's statement includes an agreement to allow future inspections by the code enforcement officer.

Approval or Denial of Application page - This page is completed by the code enforcement officer indicating whether the Shoreland Zoning Permit is approved (with or without conditions) or denied. In approving a permit, the code enforcement officer (and planning board as appropriate) must find that the proposed use complies with the purposes and requirements of the local Shoreland Zoning Ordinance. If a permit is either denied or approved with conditions, the reasons or conditions must be stated in writing. The box at the bottom of the page contains a checklist for the Code Enforcement Officer and space to note the permit number and fee amount.

Appendix 1 - Shoreland Zoning Permit Checklist (yellow page)

This checklist is intended as a tool to assist the code enforcement officer in tracking a Shoreland Zoning permit application through the review process. Like the permit application form, this checklist may be modified to meet any additional local requirements or procedures.

Appendix 2 - Special Permit Form (blue page)

Upon initial review of the Shoreland Zoning permit application, the code enforcement officer will determine whether a variance, conditional use approval or special exception is required. If such a special permit is required for a project in the Shoreland Zone, the applicant must first apply to the appropriate local board for a special permit. If the request for a variance, conditional use, or special exception is approved, then this form should be completed by the appropriate local board and submitted to the code enforcement officer along with the Shoreland Zoning permit application.

Note that the Board of Appeals is the only local body with statutory authority to grant zoning variances. In reviewing a request for a variance, Boards of Appeal must apply the "undue hardship" criteria set forth in Title 30-A M.R.S.A. Section 4353(4). Generally, the Planning Board is responsible for granting conditional uses or special exceptions. In some instances, however, the Board of Appeals may be the designated body. In reviewing such requests, Planning Boards or Boards of Appeal must apply the standards of review provided in the applicable local ordinance.

A number of individuals contributed to this project. Thomas Ford, as a contractor with OCP, prepared the original draft of these permit forms. Francine Rudoff and Tamara Risser of OCP and Rich Baker and Dan Pritchard of DEP's Shoreland Zoning Unit reviewed and edited several working drafts. Additional thanks for reviews and comments go to Dan Soule and Linda Boothby of OCP, Becky Seel of the Maine Municipal Association, Dan Fleischman of the Southern Maine Regional Planning Commission, and Paula Thomson of the North Kennebec Regional Planning Commission.

Financial Assistance for preparation of this document was provided by the Maine Coastal Program with funding provided by the Coastal Zone Management Act of 1972, as amended, administered by the U.S. Department of Commerce, Office of Ocean & Coastal Resource Management, under Award # NA90AA-D-CZ521.