Land Use Ordinance Public Nuisance

Given the purpose for which land use ordinances are enacted and enforced, a nuisance arising from the violation of a zoning or land use ordinance must be considered a "public" nuisance. A public nuisance is one that does not necessarily interfere with another's use or enjoyment of his land. Rather, it includes any unreasonable interference with a right common to the general public. 58 Am. Jur. 2d 33. State law requires municipalities to adopt zoning and land use control ordinances that meet minimum guidelines set by the Board of Environmental Protection for the protection and preservation of shoreland areas. 38 M.R.S.A. 435 & 438-A. In 1994, the town of Oxford met that requirement when it adopted the Ordinance mentioned above. The Ordinance, itself, is a well-crafted attempt to: Promote the health, safety and general welfare of the people; to further the maintenance of safe and healthful conditions; to encourage the most appropriate use of the land throughout the Town; to protect the environment; to provide for the orderly development of a sound and stable community; to conserve natural resources; to provide for safe and adequate public services; to prevent and control water pollution; to protect fish spawning grounds, aquatic life bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater and wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development.