reglab/statecodes huggingface dataset:
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-1 - GENERAL › Subsection 134-1-1-2 - Non-Conforming Uses and Designs

Current through 2024-29, July 17, 2024
A. Continuance of
				  Non-Conforming Uses and Designs
(1) The use
				  and design of buildings or structures lawful at the time of adoption or
				  subsequent amendment of these regulations may continue, although such uses and
				  designs do not conform to the provisions of these regulations.
(2) Non-conforming uses of structures may be
				  continued but the area of non-conforming uses may not be extended or expanded
				  except in conformity with these regulations.
(3) Non-conforming uses and designs, if
				  damaged or destroyed by fire or other natural disaster, may be replaced,
				  reconstructed or reutilized in the same shape, size, design and manner within
				  one (1) year.
(4) A non-conforming
				  use may not be changed to another non-conforming use without approval of the
				  Commission. The Commission may grant approval only upon a determination that
				  the proposed use is substantially similar in type, character, and scope to the
				  existing non-conforming use, and that the new non-conforming use is consistent
				  with the policies of the Commission as outlined in the enabling
				  statute.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-1 - GENERAL › Subsection 134-1-1-3 - Validity and Severability

Current through 2024-29, July 17, 2024
Should any section or provision of these regulations be
					 declared by the Courts to be invalid, such decisions shall not invalidate any
					 other section or provision of these regulations.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-1 - GENERAL › Subsection 134-1-1-4 - Conflict with other laws or Ordinances or Regulations

Current through 2024-29, July 17, 2024
These regulations shall not repeal, annul or in any way
					 impair or remove the necessity of compliance with any other rule, regulation,
					 by-law, permit or provision of law. Where these regulations impose greater
					 restrictions upon the use or design of buildings or structures the provisions
					 of these regulations shall apply.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-1 - GENERAL › Subsection 134-1-1-5 - Amendments

Current through 2024-29, July 17, 2024
Amendment of these regulations shall be conducted in
					 accordance with the Administrative Procedure Act of Maine,
					  5 M.R.S.A.
					 §§8051 -
					 8058.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-2 - Establishment of Districts › Subsection 134-1-2-1 - Zoning Districts

Current through 2024-29, July 17, 2024
To implement the provisions of this Ordinance, the Capitol
					 Area of Augusta is hereby divided into the following Districts:
A. Arsenal Zone (ARZ)
B. Capitol Complex Historic Zone
				  (CCHZ)
C. East Campus Zone
				  (ECZ)
D. Gateway Zone
				  (GZ)
E. Municipal Resource Zone
				  (MRZ)
F. Residential Zone
				  (RZ)
G. State Development Zone
				  (SDZ)
H. State House & Capitol
				  Park Zone (SHCPZ)
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-2 - Establishment of Districts › Subsection 134-1-2-2 - Location of Districts

Current through 2024-29, July 17, 2024
Said Districts are located and bounded as shown on the
					 Capitol Planning Commission District Capitol Area Map, dated August 2006, and
					 on file at the Bureau of General Services.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-2 - Establishment of Districts › Subsection 134-1-2-3 - Uncertainty of Boundary Location

Current through 2024-29, July 17, 2024
Where uncertainty exists with respect to the boundaries of
					 the various Districts as shown on the Capitol Area Map, the following rules
					 shall apply:
A. Boundaries indicated
				  as approximately following the center lines of streets, highways, or alleys
				  shall be construed to follow such center lines;
B. Boundaries indicated as approximately
				  following well established lot lines shall be construed as following such lot
				  lines;
C. Boundaries indicated as
				  approximately following municipal limits shall be construed as following
				  municipal limits;
D. Boundaries
				  indicated as following railroad lines shall be construed to follow such
				  lines;
E. Boundaries indicated as
				  being parallel to or extensions of features indicated in sub-sections above
				  shall be so construed. Distances not specifically indicated on the Capitol Area
				  Map shall be determined by the scale of the map; and
F. Where physical or cultural features
				  existing on the ground are at variance with those shown on the Capitol Area
				  Map, or in other circumstances not covered by sub-sections above, the Capitol
				  Planning Commission shall interpret the District boundaries.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-2 - Establishment of Districts › Subsection 134-1-2-4 - Division of Lots by District Boundaries

Current through 2024-29, July 17, 2024
Where a Zoning District boundary line divides a lot or
					 parcel of land of the same ownership of record at the time such line is
					 established by adoption or amendment of this Ordinance, the regulations
					 applicable to the less restricted portion of the lot are applicable.
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Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-4 - Procedure for Review and Approval of Projects › Subsection 134-1-4-1 - Basic Requirements

Current through 2024-29, July 17, 2024
All projects in the Capitol Area must be reviewed and
					 approved by the Capitol Planning Commission before any construction,
					 development, demolition, or change of use of property within the area takes
					 place unless otherwise exempted by these regulations.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-4 - Procedure for Review and Approval of Projects › Subsection 134-1-4-2 - Procedure for Approval of Projects

Current through 2024-29, July 17, 2024
A. Preliminary
				  Concept:
Any person contemplating a project within the Capitol Area
					 shall submit concept plans and a written description of the project to the
					 Director of the Bureau of General Services and the Capitol Planning
					 Commission.
(1) Submissions shall
				  include appropriate information such as site plans showing boundaries,
				  topography, size of plot, buildings, parking on site, location of streets and
				  utilities, pictures of property and buildings, and construction materials, as
				  applicable.
(2) The Director or
				  Commission may request additional information if further clarification is
				  required.
(3) Upon receipt, the
				  Capitol Planning Commission shall review the plans and by majority vote,
				  approve or disapprove the plan within thirty (30) days unless an extension is
				  required by the Commission.
(4)
				  Within one (1) week of receipt, the Commission may invite review by any groups,
				  agencies or parties as it may deem appropriate. Said reviews shall be completed
				  within ten (10) days of notice or it will be assumed that no comments are to be
				  made.
(5) Preliminary approval of
				  the plans may be conditioned upon compliance with specific conditions to be met
				  in the final design submission.
(6)
				  Preliminary approval of concept plans shall be valid for a period of one (1)
				  year.
(7) If preliminary approval
				  is denied, the applicant may request and receive a public hearing with the
				  Capitol Planning Commission.
(8) If
				  a public hearing is scheduled, notice to interested parties shall be given in
				  accordance with 5 M.R.S.A. §§9052 - 9064 of the Administrative
				  Procedure Act. (A.P.A.)
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-1 - Purpose

Current through 2024-29, July 17, 2024
The Capitol Area is distinct from other areas within the
					 city and state in both form and function. The following design requirements
					 include guidelines and standards formulated to protect the Capitol Area from
					 development inconsistent with its unique characteristics, which could diminish
					 its historic importance and emphasis on the open and easy access to state
					 government by all. These requirements define the policy of the State of Maine
					 such that development in the Capitol Area shall proceed in a manner that
					 reflects careful planning and consideration of aesthetic quality, wise use of
					 resources, and historic context, with due regard for the interests of the
					 public involved.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-2 - Basic Requirements

Current through 2024-29, July 17, 2024
All projects in the Capitol Area must comply with the
					 design requirements set forth herein, and be developed in a manner reflective
					 of their spirit and intent.
A.
				  Standards and Guidelines
The Capitol Area is divided into eight types of zones, as
					 indicated on the Capitol Area Map. Design standards and guidelines for building
					 and site construction are provided for each zone.
Standards are used to determine the appropriateness of
					 proposals for adding new buildings or site development within the zone. Meeting
					 the applicable standards for each zone is a requirement for approval of any
					 project by the Capitol Planning Commission.
Guidelines, also provided for each zone in a separate
					 document titled Guidelines for the Design of Projects in the Capitol Area, are
					 more general design and technical recommendations that are meant to help
					 applicants apply the standards. It includes information to assure that such
					 projects take into account the character-defining features of each zone.
Guidelines should be considered recommendations, whereas
					 standards should be considered requirements.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-3 - Building Height

Current through 2024-29, July 17, 2024
New building construction in the Capitol area shall be
					 relative to location within the District, proximity to state buildings, and
					 size of lot as follows:
A. Within the
				  Capitol Complex Historic (CCHZ), and Western Gateway (WGZ) zones, height shall
				  not exceed 6 stories, or as further defined herein. No building, building
				  related structure or appurtenance shall be greater in height than the base of
				  the State House dome.
B. Within the
				  Eastern Campus (ECZ) zone, height shall not exceed 5 stories.
C. Within the Arsenal (AZ) zone, height in
				  Development Zone shall not exceed 5 stories. Height in the Limited Development
				  Zone shall not exceed 3 stories.
D.
				  Heights of buildings in all other zones shall conform to city
				  standards.
E. Within the State
				  Development (SDZ) Zone, height shall not exceed 3 stories (45 feet from highest
				  point of grade around the building) or exceed that of the lowest immediately
				  adjacent structure.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-4 - Building Setbacks

Current through 2024-29, July 17, 2024
Placement of new building construction shall conform to and
					 respect established building lines along city streets within the District,
					 reinforcing the street edge and maintaining a cohesive campus environment.
					 Where prescribed front setbacks would create a non-conforming situation that
					 would be visually conflicting with greater than 50% of the existing structures
					 within the block, the Commission may elect to waive or modify the setback
					 requirements.
Building setbacks shall be as defined in the City of
					 Augusta ordinance except as follows:
A. Sewall Street
(1) 35 feet front setback within the State
				  Development (SD), Capitol Complex Historic (CC), and Western Gateway (WG)
				  zones.
(2) 25 feet front setback
				  within the Residential (R) zone.
(3) Side and rear setbacks as per City of
				  Augusta ordinance.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-5 - Driveways

Current through 2024-29, July 17, 2024
Driveway size and placement shall be per city standard
					 except as noted herein:
A. Driveways
				  shall be limited to one per lot unless the lot exceeds 200 feet of frontage on
				  any one street, in which case two driveways may be allowed.
B. Driveways shall be a minimum of 50 feet
				  from street intersections as measured from the projection of the intersection
				  of the street rights-of-way to the nearest edge of driveway paving.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-6 - Space and Bulk

Current through 2024-29, July 17, 2024
New development within the District shall be in keeping
					 with the context within which the new development is to be located, preserving
					 and enhancing the campus environment. Lot coverage, impervious surface
					 coverage, and floor area ratio for development within the District shall
					 conform to city standards except as noted herein.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-7 - Cross-Referencing

Current through 2024-29, July 17, 2024
The applicant shall be responsible for reviewing standards
					 for Capitol Area zones that abut the zone in which the proposed project
					 resides. In some cases standards for one zone may contain standards that apply
					 or refer to, or impact, other zones.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-9 - Signs

Current through 2024-29, July 17, 2024
A. Purpose
The purpose of the following standards is to protect the
					 public health, safety, and welfare, and enhance the natural, historical,
					 architectural and landscape environment of the area of the City of Augusta
					 comprising the Capitol Area as defined elsewhere in these Capitol Area Rules
					 and Regulations by ensuring signs that:
(1) Enhance the appearance and dignity of the
				  campuses and environs of Maine State Government;
(2) Harmonize with the architectural style of
				  the buildings or structures with which they are associated, and with the New
				  England character of the City;
(3)
				  Allow pedestrians, motorists, and cyclists to see one another clearly, to
				  readily discern their destinations, to park their vehicles in
				  appropriately-designated and designed areas, and to reach their destinations in
				  a safe, convenient, pleasant, and timely fashion; and
(4) Pose no hazards to people or
				  property.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-10 - Landscaping

Current through 2024-29, July 17, 2024
Landscape planting shall be provided as specified within
					 each zone. Other landscape requirements as defined by municipal ordinance, such
					 as those for buffer yards, service screening, and parking lots, shall apply.
					 All landscaped areas shall be preserved, protected, and maintained in good
					 condition.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-11 - Parking

Current through 2024-29, July 17, 2024
Parking areas shall be developed and constructed as
					 specified within each zone and shall meet municipal ordinance standards and
					 requirements for layout, size, and quantity.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-12 - Energy

Current through 2024-29, July 17, 2024
Maine is dedicated to the mutually compatible goals of
					 energy efficiency, environmental protection, and economic growth, and to
					 providing its employees with healthy, safe, efficient and effective work
					 environments. In addition, Maine is committed to meeting the goals and policies
					 of the Energy Conservation in Buildings Act, 5 M.R.S.A.1761 et. Seq. ("ECBA"),
					 as applicable to State buildings, which promotes evaluation of life cycle costs
					 and energy efficiency in the design of public improvements.
To this end, all State-owned, State-leased, or
					 State-occupied buildings constructed, renovated, and/or expanded within the
					 Capitol Area as defined in these Rules, shall be subject to An Order Regarding
					 the Use of "LEED" Standards for State Buildings, issued as an Executive Order
					 by John E. Baldacci, Governor, on November 24, 2003. The Executive Order
					 excludes school administrative districts and municipalities from meeting these
					 requirements.
The LEED Green Building Rating System is a voluntary,
					 consensus-based, market-driven building rating system based on existing proven
					 technology. It evaluates environmental performance from a whole building
					 perspective over a building's life cycle, providing a definitive standard for
					 what constitutes a "green building."
The Executive Order is incorporated in these Rules by
					 reference.
Applicants proposing projects that are not to be
					 State-owned, State-leased, or State-occupied, will be encouraged to meet energy
					 efficiency and sustainability standards and principles as appropriate for the
					 scale of the project being submitted.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-5 - Design Requirements for Projects › Subsection 134-1-5-13 - Demolition

Current through 2024-29, July 17, 2024
Demolition or removal of any existing building within the
					 Capitol Complex Historic Zone (CCHZ), Arsenal Zone (ARZ), or East Campus Zone
					 (ECZ), is prohibited without the express written approval of the Capitol
					 Planning Commission.
The CPC shall direct the Maine Historic Preservation
					 Commission to review and comment on any proposed demolition within these zones.
					 The MHPC shall offer recommendations for mitigation.
The CPC shall only consider demolition if such demolition
					 or removal is called for in the Augusta State Facilities Master Plan, and/or,
					 in the case of a building or structure, if there is no feasible and prudent
					 alternative for re-use, either as a stand alone building or as expanded. The
					 CPC shall approve an application for demolition only after all other options
					 for retaining and using the building or structure have been fully
					 explored.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-6 - Land Use in Capitol Area › Subsection 134-1-6-1 - Arsenal, Capitol Complex, East Campus, Gateway, Municipal Resource, State Development, and State House & Capitol Park Zones

Current through 2024-29, July 17, 2024
A. Purpose
To protect the integrity and majesty of the Maine State
					 Capitol Building, Blaine House, and other State Buildings and functions, and to
					 insure that only governmental and limited related and essential uses be
					 permitted in this area, thereby providing a central and accessible complex of
					 State government buildings, departments, and information centers for the
					 Citizens of Maine.
B.
				  Permitted Uses
Public, Quasi-Public, Institutional, Residential.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-6 - Land Use in Capitol Area › Subsection 134-1-6-2 - Residential Zone

Current through 2024-29, July 17, 2024
A. Purpose
To provide for and protect the traditionally residential
					 areas surrounding the Maine State Capitol and provide for home occupation or
					 professional uses.
B.
				  Permitted Uses
Residential and home occupation or professional uses. A
					 home occupation or professional use is: accessory to a residential use and is
					 customarily carried on in a dwelling unit or in a building or other structure
					 accessory to a dwelling unit; carried on by a member of the family residing in
					 the dwelling unit; clearly incidental and secondary to the use of the dwelling
					 unit for residential purposes and conforms with the following
					 conditions:
(1) The occupation or
				  profession shall be carried on wholly within the principal building or within a
				  building or other structure accessory thereto.
(2) Not more then two people outside the
				  family shall be employed in the home occupation. There shall be no stock in
				  trade.
(3) There shall be no
				  exterior display, no exterior sign (except as expressly permitted by this
				  regulation), no exterior storage of materials and no other exterior indication
				  of the home occupation or variation from the residential character of the
				  principal building.
(4) No
				  nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, or
				  electrical disturbance shall be generated.
(5) No traffic shall be generated by such
				  home occupation in greater volumes than would normally be expected in the
				  neighborhood.
(6) In addition to
				  the off-street parking provided to meet the normal requirements of the
				  dwelling, adequate off-street parking shall be provided for the vehicles of
				  each employee and the vehicles of the maximum number of users the home
				  occupation may attract during peak operating hours and otherwise in accordance
				  with this regulation.
(7) The home
				  occupation shall not utilize more than 30% of the total floor area of the
				  dwelling unit, but not more than 500 square feet. A home occupation shall
				  include, but not be limited to, the following:
Art Studio
Dressmaking Shop
Hairdressing Shop
Teaching or Tutoring Facilities
Office of a Physician, Dentist, Optometrist, Lawyer,
Engineer, Architect, or Accountant
Office of a Real Estate Broker or Agent
Office of an Insurance Agent or Broker
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-6 - Land Use in Capitol Area › Subsection 134-1-6-3 - Prohibited Uses - All Zones

Current through 2024-29, July 17, 2024
The following uses shall be prohibited: New and used car
					 sales lots, or other sales of snowmobiles, boats or recreational equipment,
					 sales of farm equipment or industrial equipment, pet or livestock stores,
					 amusement centers, furniture stores, appliance stores, gasoline and/or
					 automobile service stations, and all industrial, manufacturing and warehousing
					 uses and all other uses not specifically permitted in either
					 zone.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-7 - Variance & Appeals › Subsection 134-1-7-1 - Variance Application Procedure

Current through 2024-29, July 17, 2024
A variance from the terms of these regulations shall not be
					 granted by the Capitol Planning Commission unless and until a written
					 application for a variance is submitted to the Commission and Bureau of General
					 Services, containing:
A. Name, address
				  and telephone number of applicants;
B. Legal description of the property;
				  and
C. Description of variance
				  requested.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-7 - Variance & Appeals › Subsection 134-1-7-2 - Variance Standard

Current through 2024-29, July 17, 2024
The Capitol Planning Commission, by 2/3 majority vote, may
					 grant a variance only where strict application of the regulations, or a
					 provision thereof, to the applicant and his property would cause undue
					 hardship. The works "undue hardship" as used in this subsection mean:
A. That the land in question cannot yield a
				  reasonable return unless a variance is granted;
B. That the need for a variance is due to the
				  unique circumstances of the property and not to the general conditions in the
				  neighborhood; and
C. That the
				  granting of a variance will not alter the essential character of the
				  locality.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-7 - Variance & Appeals › Subsection 134-1-7-3 - Findings

Current through 2024-29, July 17, 2024
A variance shall not be granted unless the Commission makes
					 specific findings of fact based directly upon the particular evidence presented
					 to it which support conclusions that the standards and conditions imposed by
					 this section have been met by the applicant.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-7 - Variance & Appeals › Subsection 134-1-7-4 - Appeal

Current through 2024-29, July 17, 2024
Any person aggrieved by approval or disapproval of a
					 project within the Capitol Area by the Capitol Planning Commission shall be
					 entitled to judicial review thereof in the Superior Court.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 134 - CAPITOL PLANNING COMMISSION › Chapter 1 - CAPITOL AREA RULES AND REGULATIONS › Sec2 134-1-7 - Variance & Appeals › Subsection 134-1-7-5 - Procedure

Current through 2024-29, July 17, 2024
The appeal process is more specifically set forth in the
					 Maine Administrative Procedure Act
					  5 M.R.S.A.
					 §§11002 -
					 11008.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-1 - Scope and Applicability of Rules

Current through 2024-29, July 17, 2024
These rules shall govern formal proceedings in and before
				  the State Claims Commission as relates to real property acquisition cases, and,
				  where so provided, informal proceedings, including conferences. "Real property
				  acquisition cases" include, in addition to cases brought under Title
				  23 M.R.S.
				  Section154, cases brought pursuant to
				  23 M.R.S.
				  Section246(1) (relocation
				  assistance) and cases brought pursuant to Title
				  23 M.R.S.
				  Section652. (change of grade and alleged
				  damage to private water supplies.)
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-2 - Practice Before the State Claims Commission

Current through 2024-29, July 17, 2024
Any person may appear before the Commission in his or her
				  own behalf, or by an attorney authorized to practice law in this State. In
				  unusual or extraordinary circumstances a person may designate by written
				  authorization a disinterested representative to act on his or her behalf.
				  Non-attorney representation may be permitted at the discretion of the
				  Commission, providing that the rules and regulations and legal procedures are
				  otherwise complied with. An attorney from another jurisdiction, in good
				  standing there, may at the discretion of the Commission be permitted to
				  participate in proceedings before the Commission. Nothing in this rule shall be
				  interpreted in such a way as to permit the unauthorized practice of law; nor
				  shall this rule in any way be construed to restrict or limit the right of any
				  person to conduct his or her own business with or before the
				  Commission.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-3 - Place of Sessions

Current through 2024-29, July 17, 2024
Hearings shall be conducted in the county in which the
				  property interest that is the subject of the hearing is located, unless at the
				  complete discretion of and in the best judgment of the Clerk of the Commission
				  there are overriding issues related to the convenience of the parties or the
				  efficiency in conducting the hearing that require the choice of a location
				  outside of the county. The exact location of any hearing shall be suitable for
				  a full presentation of all evidence. In choosing the exact location of the
				  hearing, the Clerk may take into consideration factors including but not
				  limited to the capacity of the proposed site to accommodate the anticipated
				  number of persons attending the hearing, the needs of anyone attending the
				  hearing who might have a disability, the degree to which the proposed site is
				  perceived by the parties as being neutral to each party, and the degree to
				  which the proposed site can meet the technological requirements of any party
				  presenting evidence. Regardless of the selected hearing location, the county
				  commissioner appointed for the hearing shall be a commissioner of the county in
				  which the subject property is located.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-4 - Hearings

Current through 2024-29, July 17, 2024
All hearings shall be open to the public and a record of all
				  hearings in a form susceptible to transcription shall be made.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-5 - Transcription of Hearings

Current through 2024-29, July 17, 2024
(A) The Clerk of
				the Commission may engage the services of a court reporter to create a verbatim
				record of the hearing whenever in the opinion of the Clerk it is desirable to
				do so.
(B) A party may request that
				a verbatim record of the hearing be made of the hearing by a court reporter.
				The request must be submitted to the Clerk of the Commission with sufficient
				advance notice to arrange for the presence of the court reporter and to insure
				that space arrangements may be made to accommodate the court reporter at the
				site of the hearing.
(C) In lieu of
				using a court reporter, the Clerk of the Commission may utilize voice
				recognition technology to create a record of the hearing.
(D) In cases in which a recording is made but
				no transcription of the hearing has been made, a party may request a copy of
				the tape or other modality that contains the recorded version of the hearing.
				The State Claims Commission shall retain the original tape, disc, or other
				modality that contains the recorded version of the hearing.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-6 - Payment for the Transcription or Recording of the Hearing

Current through 2024-29, July 17, 2024
(A) When the Clerk of the Commission has
				engaged the services of a court reporter pursuant to paragraph 5(A) above, the
				direct cost of the court reporter shall be paid by the Commission. The cost for
				the transcription and preparation of the record shall be borne by the person or
				entity requesting the transcript.
(B) When a party has requested a court
				reporter pursuant to paragraph 5(B) above, the cost of the court reporter, the
				transcription, and the preparation of the record shall be paid by the person or
				entity requesting the court reporter.
(C) The cost of production of the voice
				recognition transcript pursuant to paragraph 5(C) above or the cost of
				reproducing the tape, disc, or other modality pursuant to paragraph 5(D) above
				shall be borne by the person or entity requesting the record.
(D) A person or entity requesting a
				transcript or record pursuant to paragraphs (A), (B), or (C) of this section
				may share with other persons or entities the costs of transcription, or
				preparation of the transcript or record equally or in whatever proportion of
				payment that the parties or entities requesting the transcript or record may
				agree upon. In cases in which the parties or entities are sharing costs, a
				written request signed by each person or entity sharing the cost incurred or to
				be incurred by the State Claims Commission must be submitted to the Clerk of
				the State Claims Commission stating the proportional payments to be borne by
				each party or entity. In any case, a copy of the transcript shall be provided
				to the State Claims Commission at no cost.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-7 - Order of Procedure for the Hearing

Current through 2024-29, July 17, 2024
The Department of Transportation and other parties who
				  initiate condemnation proceedings involving the acquisition of land or any
				  interest therein and which are statutorily referred to the Commission for the
				  determination of just compensation, shall ordinarily be required to present
				  their evidence and witnesses first and they will testify, under oath, as to the
				  basis of their determination of just compensation. At the conclusion thereof,
				  the property owner or other claimants shall present their evidence supporting
				  the property owner's opinion regarding just compensation. Notwithstanding the
				  above, the Clerk of the Commission and the Attorney member of the hearing
				  commission shall have the discretion to decide jointly which party shall
				  present first.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-8 - Conferences

Current through 2024-29, July 17, 2024
A person desiring a conference with the Commission with
				  respect to any matter which is, or which may come, before the Commission shall
				  direct his or her request for such a conference in writing to the Clerk,
				  stating the subject desired to be considered, and shall give notice of such
				  request to all parties of record in such matter, or known or reasonably
				  believed to have a direct interest therein.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-9 - Copies of Communications

Current through 2024-29, July 17, 2024
Whenever any proceeding shall have been commenced before the
				  Commission, a party writing to, or forwarding written material to, the
				  Commission with respect to such proceedings, shall at the same time forward a
				  copy of such letter or material to every other party of record, and shall show
				  compliance with this rule by statement or certificate attached to such letter
				  or material.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-10 - Views and Inspections

Current through 2024-29, July 17, 2024
Except as provided in this section, the State Claims
				  Commission shall view the property involved with or without the presence of the
				  interested parties, but it shall first notify the interested parties of the
				  time when it will view the property. Such view may be taken either before or
				  after any hearing which may be held. A property owner may waive the right to a
				  view of the property by the Commission. The Commission is not required to view
				  a property prior to issuing a default judgment pursuant to Section
				  18 of these rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-11 - Additional Parties

Current through 2024-29, July 17, 2024
The Commission may, in any proceeding pending before it,
				  order that any person whose interest will be affected by any orders made
				  therein be made a party to the proceeding. A person thus made a party shall be
				  governed by these rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-12 - Appearances

Current through 2024-29, July 17, 2024
At any hearing, any party of record shall be entitled to
				  enter his or her appearance, introduce evidence, examine and cross-examine
				  witnesses, make arguments and generally participate in the conduct of the
				  proceeding. Appearances shall be entered either in writing or, at the
				  discretion of the Commission, upon the record of the hearing. If appearance in
				  writing is filed, a copy thereof shall be delivered, or mailed postage prepaid,
				  to all other parties to the proceeding by the filing party.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-13 - Pre-Hearing Conferences

Current through 2024-29, July 17, 2024
Prior to any proceeding the Chairperson or his or her
				  designee may upon the request of a party or upon his or her own motion hold a
				  pre-hearing conference. The purpose of the conference may be but is not limited
				  to the simplification of the issues in the case, the establishment of facts
				  upon which the parties can agree, the identification of documents the parties
				  intend to introduce into evidence, the identification of expert witnesses, the
				  order, scope, and timing of discovery, the resolution of any questions of
				  procedure, the fixing of the location and time of any hearing, and in general
				  the consideration of such other subjects that may enhance the efficiency of the
				  hearing process or aid in the disposition of the case. The Chairperson or his
				  or her designee may establish a calendar that states the date by which actions
				  identified in the pre-conference shall take place. For any pre-hearing
				  conference that is held, the Chairperson or the designee shall make a written
				  order which recites the action taken at the pre-hearing conference and that
				  order, unless otherwise modified in writing at a later date by the Chairperson
				  or the designee, shall control the subsequent course of the case. The
				  Chairperson or the designee may impose sanctions upon a party or a party's
				  attorney which may include the imposition of costs, including attorney fees and
				  travel costs, as appropriate, for the failure to comply with an order made
				  pursuant to this section.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-14 - Consolidation

Current through 2024-29, July 17, 2024
The Commission may, after notice to all parties, upon its
				  own motion or motion of any party, make such order for the consolidation of any
				  cases pending before it as justice and convenience requires. Such proceedings
				  may be consolidated in whole or in part as the Commission may
				  determine.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-15 - Notice of Hearing

Current through 2024-29, July 17, 2024
(A) The Commission
				shall give notice of the time and place for the hearing which shall be mailed
				registered or certified mail to all interested parties at least fourteen (14)
				days before the date of the hearing, or by personal service as required for
				service of a summons on a complaint in the Superior Court.
(B) The Clerk of the Commission or his or her
				designee may send a property owner a second copy of the notice of the hearing
				by regular mail. Such a notice may be mailed less than fourteen (14) days prior
				to the hearing.
(C) Any party or
				interested person may agree to accept a notice of hearing of less than fourteen
				(14) days.
(D) In the event a
				notice of hearing mailed pursuant to paragraphs (A) or (B) above is returned to
				the Commission marked "refused", "returned to sender", "unclaimed", "unable to
				forward", "addressee unknown" or any of the above, the Clerk of the Commission
				may reschedule the hearing to a later date but is not required to do so. The
				Clerk of the Commission or his or her designee shall notify the Maine
				Department of Transportation or other party of any notice of hearing that is
				refused, returned, unclaimed, or that the Postal Service is unable to
				forward.
(E) The Clerk of the
				Commission or his or her designee may receive additional information from the
				Department of Transportation or other party pertaining to the correct or most
				current address of the property owner. If such information is received from the
				Department of Transportation or from any other source deemed reliable by the
				Clerk of the Commission, the Clerk of the Commission or his or her designee
				shall record the most recent address of the property owner in the records of
				the State Claims Commission.
(F)
				Upon receipt of a written request from the Maine Department of Transportation
				or other interested person the Clerk of the State Claims Commission or his or
				her designee may order service by publication. In making the decision as to
				whether to utilize service by publication the Clerk of the Commission may take
				into account factors such as the anticipated expense of any notice of
				publication, and the likelihood that the published notice will accomplish the
				goal of giving actual notice to the property owner or other intended recipient
				of the published notice.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-16 - Protection for Minors or Persons with a Disability

Current through 2024-29, July 17, 2024
The Chairperson of the Commission may appoint a guardian ad
				  litem to protect the interests of any minor or incompetent person who has an
				  interest in a case before the State Claims Commission. Any guardian ad litem
				  appointed under this section shall submit an itemized request for costs,
				  expenses, and compensation to the State Claims Commission. The State Claims
				  Commission shall determine the reasonable costs, expenses, and degree of
				  compensation for the guardian ad litem. When the condemning authority is the
				  Department of Transportation, such costs and expenses and compensation shall be
				  borne by the Department of Transportation.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 185 - STATE CLAIMS COMMISSION › Chapter 110 - RULES OF PRACTICE GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS FOR REAL PROPERTY ACQUISITION CASES › Section 185-110-17 - Continuances

Current through 2024-29, July 17, 2024
(A) Requests for continuances must be
				submitted in writing to the Clerk of the Commission at least seven (7) days
				prior to the date of hearing. A request for a continuance may be submitted by
				letter, facsimile ("fax") or by e-mail. Changes in the time and place of the
				hearing in any proceeding will be granted only for good cause shown.
				Continuances will not be granted if requested within seven (7) days prior to
				the date of the hearing except for compelling circumstances, and such requests
				shall contain a full statement of the reason for the need for the continuance.
				No continuance will be granted automatically. The Clerk will notify the parties
				in writing of any decision pertaining to the request for a
				continuance.
(B) The Commission may
				continue a hearing from time to time for cause shown or by agreement of
				parties. If the request for a continuance is made at the request of the
				property owner, the Commission shall require interest be waived for the period
				of the continuance.