STETSON BUILDING CODE

 

 

Section 1:  Scope

The provisions of this ordinance shall apply to all new dwellings, whether seasonal, permanent, or mobile homes, and major additions thereto, and all other building.  These provisions shall also apply to the relocation or replacement of dwellings and other buildings and to the conversion of seasonal dwellings to year-round dwellings.

 

Section 2:  Definitions

In this ordinance the following terms shall have the following meanings unless a contrary meaning is required by the context of is specifically prescribed:

     

          Building:  a structure for the support, shelter, or enclosure of persons, animals,

          goods or property of any kind.

          Campground:  any premises established for overnight use for  the purpose of

          temporary camping, and for which a fee is charged.

          Camper Trailer:  a vehicle capable of travel on highways and designed for

          overnight use as living quarters and not permanently attached to a foundation or

          utilities. 

          Commercial Structure:  a building for use in the manufacture, processing or

          distribution of goods or services.

          Dwelling:  a fixed structure, containing one or more dwelling units.

          Dwelling Unit:  a room or group of rooms designed and equipped exclusively for

          use as living quarters for only one family, including provisions for living, sleeping,

          cooking and eating.

          Dwelling, multi-unit:  a fixed structure containing more than one dwelling unit.

          Dwelling, seasonal:  any dwelling that is inhabited for not more than six months

          during the year.

          Family:  one or more persons occupying a premises and living as a single

          household unit, as distinguished from a group occupying a boarding house,

          lodging house, or hotel.

          Frontage, road:  the horizontal distance between the intersections of the side lot

          lines with the road. 

          Frontage, shore:  the horizontal distance, measured in a straight line between the

          intersections of the side lot lines with the shoreline at normal high water elevation.

          Living space:  the enclosed floor area of a structure which are suitable for year

          round occupancy, not including porches, patios or similar area, weather or not

          enclosed.

          Lot:  a parcel of land in single ownership, described on a deed, plot or similar

          legal document, and not divided by a public way.

          Major additions:  any addition to an existing structure which extends the area of the

          lot covered by the structure, including any deck or porch.

          Mobile home:  a structure designed as a dwelling unit containing sleeping

          accommodations, a toilet, tub or shower bath, and kitchen facilities with plumbing

          and electrical connections provided for attachment to outside systems, and

          designed to be transported, after fabrication, on its wheels to a site for location on

          a permanent foundation.

          Privately owned lake road:  a roadway constructed to serve seasonal dwellings

          along the lake shore and in which the owners of said dwellings have a property

          right of right of usage.

          Public building:  any building intended for use by the public.

          Public way:  a town way as defined in 23 MRSA 3021 or state owned road or a

          roadway in which there is an easement permitting its use by the public and which

          has been constructed to the following standards:

               Width of right of way shall be a minimum of 50 feet.

               Width of traveled road surface shall be a minimum of 20 feet.

               Traveled road surface shall contain at least 18 inches of sand and gravel

               approved by the Road Commissioner.

               Shoulders shall be graded on each side to a minimum width of 3 feet.

               Drainage ditches and culverts shall be installed where required by the

               Road Commissioner.

 

SECTION 3:  REGULATIONS

 

  1. All new dwellings, mobile homes, and other building, and major additions thereto, including any deck or porch, shall be build or placed no closer than:
    1. Sixty-eight (68) feet from the center line of a public road or way.
    2. Ten (10) feet from any other lot line

 

  1. All new sanitation facilities and the replacement or enlargement of existing

      facilities, including but not limited to septic tanks, cess-pools, outhouses, and

      their drainage fields or treatment systems, shall meet all specifications established

      in the state codes and laws.  The Plumbing Inspector shall determine whether or

      not state specifications have been met.  No sanitation facility or portion thereof

      and no well shall be located closer to the centerline of a public road or way than

      sixty-eight (68)feet.

 

  1. REPEALED 11/23/92

 

  1. Every dwelling unit, except factory build mobile homes, to be used by a single

             family, shall enclose a living space of at least six hundred (600) square feet on

            ground floor.  Factory built mobile homes shall enclose a living space of at least

           four hundred fifty (450) square feel.  Seasonal dwellings shall have a ground floor

           living space of at least three hundred seventy-five (375) square feet.  No factory

           built mobile home shall be installed on any lot other than upon an approved

           foundation as required by this section.

 

  1. Except when erected on solid rock or equivalent, all dwellings, and commercial

      buildings shall be set on a masonry foundation wall, not less than eight (8) inches

      thick, carried to hardpan or a depth of three (3) feet, whichever is less in depth, or

      upon a poured concrete slab at least four (4) inches thick and properly drained. 

      The Code Enforcement officer may waive these requirements on additions to

      Dwellings erected or begun before the enactment of this section ( March 18,

      1972) and which are built on substandard foundations.

 

  1. The exterior walls of all dwellings, commercial structures, and buildings

      accessory thereto, shall be finished with a covering of clapboards, wood siding,

      wood or asbestos shingles, masonry, brick, stone or other materials approved by

      the Code Enforcement Officer.  Such covering shall be completed within one year

      after the outside studding is in place unless an extension is granted by the Code

      Enforcement Officer.  Tarred paper, felt, or similar materials shall not be

      approved as an exterior wall covering.

 

  1. Off street parking shall be provided in the amount of  three hundred (300) square

      feet per dwelling unit. This may be accomplished by driveway space, garage

      space, or parking lot space, or by any combination of the three.

 

  1. Each dwelling, mobile home and public building shall have at least two exterior

      doors.

 

  1. Any chimney, fireplace, or vent shall be constructed or installed in accordance

      with  the requirements of the National Fire Protection Association Code #211, as

      adopted by the Maine Commissioner of Public Safety.

 

  1. Every new rood, or roof which is hereafter recovered, shall be covered with non-

      combustible or fire resistant roofing materials.  The use of tarred felt or tarred

      paper as permanent exposed roof covering is prohibited.  Untreated wood

      shingles are prohibited.

 

  1. Camping trailers, ect., under the required ground floor area for seasonal

      dwelling shall be required to have a valid vehicle license if occupied for

      residential purposes.  Units located other than in a Town approved campground

      and occupied for more than three (3) weeks in any one calendar year ( or units

      left on the site of more than 90 consecutive days) must comply with all the

      provisions imposed on seasonal dwellings included in Section 3A (setbacks),

      3B (septic system requirements), 3C (lot requirements), 3E (foundation

      requirements), 3H ( two exterior doors), and 3L (rented units)  of this Building

      Code.  The construction of any additional accessories ( decks, chimneys, fuel

      oil tanks, additions, ect.) apart from the camping trailer, ect., disqualifies the

      unit from being considered under this section and the unit must comply with

      the provisions of the code for seasonal dwellings.

 

  1. Any building or structure rented as dwelling unit shall have State approved water

      and sewerage facilities;  chimneys, fireplaces and vents shall meet the

      requirements of Section 3 (1.) above, and the building shall meet all the

      applicable requirements of the 1992 BOCA National Building Code.  Rental

      properties will be inspected annually by the Code Enforcement Officer and any

      deficiencies cited will be promptly corrected and the facility reinspected.

 

  1. No seasonal dwelling shall be converted to year-round use until a plumbing

      permit has been obtained for that purpose.  The proposed conversion must comply

      with  all the provisions of this code that apply to year-round dwellings.

 

  1. No new dwelling or other building shall be erected unless it is on a building lot

      with not less than two hundred feet (200) frontage on a public way and with a

      depth of not less than two hundred fifty (250) feet and a minimum area of fifty

      thousand (50,000) square feet.  Building permits may be issued for the

      construction of dwellings and related structures on parcels of land which are not

      on a public way and which are in excess of 40 acres if the permit when issued

      contains conditions to the effect that the town will have no responsibility or

      obligation to provide or maintain access to the property or to provide fire

      protection, school bus service, or any other services that require access and further

      provided that the owner signs a release agreement to protect the town and its

     officials.  No building lot shall contain more than one dwelling, except that a

      second dwelling may be erected upon a lot that meets the aforesaid requirements

      for dimensions (50,000), provided that said second dwelling is under the same

      ownership and is occupied by a member of the immediate family.  (The

      immediate family shall include only the parents, siblings, or children of the

      owners.)  In the case of multi-unit dwellings, the lot shall contain a minimum of

      one hundred thousand (1000,000) square feet for a duplex unit plus an additional

      ten thousand (10,000) square feet for each additional unit constructed up to a

      maximum of eight (8) units per structure.  In the case of multiple structures on

      one lot, each structure must meet the lot requirements for one hundred thousand

      (100,000) square feet for a duplex unit plus an additional ten thousand (10,000)

      square feet for each additional unit.  No structure will include more than eight

      dwelling units.

 

SECTION 4:  Permits

 

  1. A building permit must be granted by the Code Enforcement Officer before

     construction may begin on any new building, major additions to buildings, the

    foundations or slabs for mobile homes, or modular homes:  or before any new

    sanitation facilities may be installed.  A building permit must be granted before

    any seasonal dwelling can be converted for year-round use.

 

  1. No building permit shall be granted until sanitation facilities required by the

    State of Maine plumbing code or proposed to be installed have been approved by

    the local plumbing inspector in accordance with Section 3B.

 

  1. A building permit shall be in effect for twelve (12) months from the date of

    issuance.  After such time, a new permit shall be required if the construction is not

    complete or has not progressed to a reasonable degree of completion.

 

  1. Application for building permits and for approval of the plumbing inspector

    Shall be in writing signed by the applicant, and addressed to the Stetson Town

    Offices.  They shall contain drawings, plans, and other documentation necessary

    to the findings and approval requested.

 

  1. The plumbing inspector and the code enforcement officer shall inform the

     applicant in writing of his or their decision within fifteen (15) days of the

    receipt of such application, and if denied, shall state therein the reasons for

    denial.

 

  1. The code enforcement officer shall issue a permit to be posted within public

     View on each building site, prior to any construction.

 

SECTION 5;  REPEALED effective 01/01/93.

 

SECTION 6:  APPEALS

 

  1. An appeal may be taken by an applicant or by a property owner whose

     property would be substantially affected by the proposed construction or

    installation, from any decision of the plumbing inspector, or the code

    enforcement officer, to the Board of Appeals.  Upon receipt of an appeal in

    writing to the Board of Appeals, they shall at their next meeting (or within

    thirty (30) days, whichever shall come first) affirm, modify, or set aside the

    decision of the Code Enforcement Officer, or the Plumbing Inspector.

 

  1. The Board of Appeals may affirm or reverse a decision of the Building

     inspector/Code Enforcement Officer as pertains to the interpretation of this

    ordinance.  In specific cases the Board of Appeals may permit variations from

    the set back and lot area requirements of Section 3 (A), (B) and (C) of this

    ordinance if the strict application of the ordinance would cause unnecessary

    or undue hardship because of unique circumstances applying to the property.

 

  1. An appeal may be taken from the decision of the Board of Appeals to the

     Superior Court pursuant to Rule 80 (B) of the Maine Rules of Civil Procedure.

 

SECTION 7:  FEES

 

  1. No building permit shall be issued without payment of a fee according to the

     following schedule.  For structures under 500 square feet there shall be a flat

    $10.00 fee.  The flat fee applies to all accessory structures, pools, decks and

    small additions.  For all other structures over 500 square feet there shall be a

    flat $10.00 fee plus three (.03) cents per square foot.

 

  1. Building permits, after expiration may be renewed at one-half the original fees

     paid.

 

  1. For those projects requiring Board approval, no permit shall be issued until

     Said approval has been obtained.

 

    (This section was amended by the Board of Selectmen on February 17, 2004)

 

SECTION 8:  SAVING CLAUSE

 

    Any declaration by the courts that a section or part of a section of this ordinance

is unconstitutional or invalid shall not affect the validity of the remainder of these

provisions.

 

SECTION 9:  AMENDENTS

 

    This Ordinance may be amended from time to time in the manner provided by law.

 

SECTION 10:  effective date

 

   The provisions of this Ordinance shall take effect thirty (30) days following its

passage at a  regular or special Town Meeting, provided that the lot area provisions of

section 3C shall apply only to lots acquired, or recorded, or shown on a plot after

November 15, 1971.

 

SECTION 11:  VIOLATIONS

 

   Any building construction or work performed in violation of the provisions

of this ordinance or of any permit issued by the Code Enforcement Officer, shall be

considered a nuisance.

 

SECTION 12:  PENALTY

 

   Any person, including but not limited to a landowner, a landowner’s agent or a contractor, who orders or conducts any activity in violation of this ordinance shall be

Penalized in accordance with Title 30-A, Maine Revised Statutes Annotated, subsection 4452.

 

SECTION 13:  CODE ENFORCEMENT OFFICER

   The Code Enforcement Officer shall grant and /or withhold permits, make inspections, and carry out any other appropriate duties which shall be passed at town meeting.  It shall be the duty of the Code Enforcement Officer to enforce the provisions of this ordinance.  If the Code Enforcement Officer shall find that any provisions of this ordinance is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, and abatement of nuisance conditions.  A copy of such notice shall be maintained as a permanent record.

 

SECTION 14:  LEGAL ACTION

 

   When the above action does not result in the correction or abatement of the violation or nuisance condition, the Municipal Officers, upon notice from the Code Enforcement Officer, are hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the impositions of this ordinance in the name of municipality, in accordance with Title 30-A, Maine Revised Statutes Annotated, subsection 4452.