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TOWN OF LIMINGTON
ORDINANCE


    The Town of Limington, Maine hereby enacts the following Ordinance:

BUSINESS PERMIT WAIVER:

    Any and all businesses which were in existence within the jurisdiction of the Town of Limington, Maine, prior to the enactment of the Town of Limington's 1997 Zoning Ordinance and Comprehensive Plan are hereby deemed by the Town of Limington to be grandfathered under the Town's 1997 Zoning Ordinance insofar as the 1997 Zoning Ordinance requires any and all businesses operating within the jurisdiction of the Town of Limington to obtain a business permit from the Town in order to legally operate under the Town's 1997 Zoning Ordinance.

    Any and all businesses located within the jurisdiction of the Town of Limington are hereby required to be in full and complete compliance with any and all other business operation requirements existing under the Town's 1997 Zoning Ordinance, exclusive of the business permit requirement referred to in the previous paragraph.

    Any and all businesses deemed not to be in full and complete compliance with any and all remaining aspects of the Town's 1997 Zoning Ordinance shall be deemed to be in direct violation of the 1997 Zoning Ordinance and shall thereby be subject to any and all remedies which are available to the Town under the 1997 Zoning Ordinance.

    In the event that any business proprietor alleges the existence of a pre-1997 Zoning Ordinance business operation, the Code Enforcement Officer for the Town of Limington, Maine is hereby officially notified and hereby authorized accordingly to require certain official documentation from any business proprietor who is claiming a pre-1997 Zoning Ordinance business operation in order to establish the existence of such claimed business operation prior to the enactment of the Town's 1997 Zoning Ordinance and Comprehensive Plan. Such official documentation shall be deemed to consist of a previously issued business permit to said proprietor, or, in lieu thereof, a federal income tax return reflecting the name of the business and the proprietor with all financial information having been redacted from said tax return, or any other official documentation by which a pre-1997 Zoning Ordinance business existence could legally be determined.

    The submission of any required official documentation described above by any business proprietor claiming a pre-1997 business operation existence shall be made within twenty (20) days of the notification date to produce such documentation by made the Town's Code Enforcement Officer, with a three (3) day mailing period being added to the said twenty (20) day notification period. Notification to produce the required official documentation shall be deemed to have been delivered to and received by said business operator within this inclusive twenty-three (23) day period. Therefore, submission of the required official documentation shall be deemed to be due and owing to the Town's Code Enforcement Officer on the twenty-third (23 rd ) day from the date of mailing in the United States Mail, postage prepaid, to the business proprietor who is claiming a pre-1997 Zoning Ordinance business existence.

    The burden of proof of any pre-1997 Zoning Ordinance business existence rests solely with the proprietor who is making the claim of a business existence prior to the enactment of the Town's 1997 Zoning Ordinance and Comprehensive Plan.

    This Ordinance shall be enacted the 25th day of May, 2000.

Board of Selectmen
Kathleen Maddocks
Barry Gammon
Herbert Ramsdell

Attest:
ORDINANCE ENACTED MAY 25, 2000
Marilyn B. Webb, Town Clerk

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