BUILDING AND
LAND USE CODE
April 8, 2009
Adopted the
Town Meeting of the Town of
amended on May
25, 1999, amended June 27, 2002, amended March 9, 2005, amended April 28, 2005,
amended April 8, 2009
Replacing the
Building & Land Use Code adopted on March 26, 1988,
the amendments
approved on September 8, 1988, May 8, 1993 and November 5, 1996
and replacing
the Subdivision Ordinance adopted on March 26, 1988
GUIDE
TO THE USER
What
Does This Ordinance Cover? Every person planning a
building project of any kind or a project that changes the existing use of
buildings or land must follow the instructions in this ordinance. See Section 1. Scope on page 5.
Who
Is Responsible for Following the Ordinance? The landowner is responsible. If he or she employs others, both the
landowner and her/his designee are responsible for following the requirements.
How
Is the Ordinance Organized?
I. Sections 1 - 9 provide the basic requirements for
all building and land use in Lamoine.
They cover such important information as what kinds of structures and
land uses are permitted, from whom the permit must be obtained (Table H&I,
pages 10 & 11), lot standards, construction standards, and fees.
II. Sections 10 – 15 spell out specific requirements
for each of the major types of development permitted in Lamoine: Single and
Two- Family Dwellings/Accessory Units; Multi-Family Dwellings; Subdivisions;
Cluster Housing; and Commercial and Industrial uses. Multi-family dwellings and cluster housing
require site plan review. Commercial,
Industrial and Accessory Dwelling structures including Residential Accessory
Structures uses require site plan review if the proposed development or
structure exceeds 2,000 square feet or impacts over 10,000 square feet of land
over a 5-year period. (See Lamoine Site Plan Review Ordinance for
requirements.) If an
applicant proposes building or land use that is not encompassed by one of these
sections, the general requirements in Sections 1 - 9 apply.
III. Definitions: Section 16 defines terms used in
all sections of this ordinance.
Where
Can the Applicant Obtain Assistance? The Code
Enforcement Officer and the Administrative Assistant to the Board of Selectmen
for the Town of
Applications. All applicants must use the “Building &
Land Use Permit Application” Form. Other information is required for
subdivisions, cluster housing, and commercial/industrial permits. The Code Enforcement Officer and the
Building and
Land Use Code
Table of
Contents
Part I. General Requirements for All Building
and Land Use
SECTION
3. GENERAL REQUIREMENTS
A. Conformance with
Other Laws and Regulations
B. Impact on Community Services
C. Maintenance of Prescribed Building Lot Sizes
and Set Backs
D. Land Not Suitable for
Development
SECTION
4. LAND USE DISTRICT REQUIREMENTS
A. Establishment of Land
Use Districts
C. Uncertainty of
boundary locations
D. Division of lots by
district boundaries
I. Lot
Standards and Structure Setback Table.
SECTION
5. OTHER LOT REQUIREMENTS
B. Locating street rights-of-way:
C. Entrances
to Roads & Streets:
F. Adequacy of Soils for Sewage Disposal:
G. Non-Conforming Lots
of Record:
SECTION
6. CONSTRUCTION STANDARDS
A. Minimum Construction
Standards:
SECTION
7. APPLICATIONS, REVIEW CRITERIA AND
ADMINISTRATION
SECTION
8. APPEALS AND VARIANCES
PART
II: APPLICATION PROCEDURES AND STANDARDS FOR SPECIFIC USES
SECTION
10. SINGLE FAMILY DWELLINGS, TWO-FAMILY
DWELLINGS, AND ACCESSORY DWELLING UNITS
B. Recreational Vehicles Used As Dwelling
Units
SECTION
11. MULTI-FAMILY DWELLINGS
D. Administration
and Application Procedures
F. Minimum Standards for Street Design and
Construction
G. Setbacks,
Side and Rear Yard Widths, and Buffers.
H. Lot
Size and Density Standards
K. Open
Space and Geographic or Historic Features Standards
SECTION
13. CLUSTER DEVELOPMENT STANDARDS
SECTION
14. COMMERCIAL AND INDUSTRIAL USES
D. Commercial
Structures Administration and Application Procedures.
E. Industrial Structures Administration and
Application Procedures.
SECTION
15. AUTOMOBILE GRAVEYARDS AND
JUNKYARDS
B. SITE REQUIREMENTS OF
AUTOMOBILE GRAVEYARDS AND JUNKYARDS
C. OPERATING REQUIREMENTS
FOR AUTOMOBILE GRAVEYARDS AND JUNKYARDS
PART
III DEFINITIONS COVERING ALL SECTIONS
Building and Land Use Code
The provisions of this code
shall apply to the location of structures, including streets and driveways, on
the land and to new construction, reconstruction, conversion to a different
use, substantial additions, relocations, and replacement of any building or
significant segment thereof, including all trailers, recreational vehicles,
and/or manufactured homes when connected to any utility and/or used as a
residence for a period of more than 30 days.
This code does not require that a permit be obtained for the
construction or placement of a dog house, children's playhouse, tool shed, or
similar small building having not more than 100 square feet providing such
structures meet all other requirements of this code. Such uses require a
Shoreland permit if located in the Shoreland Zone.
The building and land use
code for the Town of Lamoine (hereinafter referred to as the Town) provides for
the safety, health, and public welfare of the Town through the regulation of
construction, expansion, conversion to a different use, relocation, or
replacement of buildings, trailers, recreational vehicles and/or manufactured
homes or significant segments thereof.
The building code applies to residential, commercial and industrial
structures and their location on the lot.
All applications for building
permits shall be subject to the requirements of this code. The Building Inspector and any municipal
board described in this code shall consider the following general requirements
in reviewing applications for a building permit. In all instances, the burden of proof in
assuring compliance with these requirements shall be upon the applicant and, in
reaching a determination, the Building Inspector or municipal board may require
the applicant to provide, at the applicant's expense, sufficient information to
permit sound judgments regarding the applicant's compliance with these
requirements.
The proposed building shall be in conformance with the Town's
Comprehensive Plan and all pertinent local, state, and federal ordinances,
statutes, laws, and regulations.
1.
The proposed structure or land use shall not have an unduly adverse
impact on community services. Any
proposed subdivision shall be reviewed by the Board with respect to its effect
upon existing services and facilities.
The Development Plan shall include a list of the construction items to
be completed by the developer prior to the sale of lots, and an appraisal of
construction and maintenance items that would be borne by the Town. This appraisal shall include, but not be
limited to:
a.
Schools, including busing
b.
Road maintenance, snow removal, and traffic control
c.
Police and fire protection, including provision of water sources for
fire control
d.
Solid Waste Disposal
e.
Recreation facilities
f.
Runoff water disposal drainage ways and/or storm sewer enlargement with
sediment traps
g.
A water supply system.
2. The Board may further require the applicant
to provide accurate cost estimates to the Town for the above services, and a
projection of tax revenue from the structure or land use.
All new buildings must
conform to the standards contained in this and other applicable town
ordinances.
The Building Inspector or
the
1.
are situated below mean high
water mark;
2.
are part of a right-of-way
or easement, including utility easements, except for service feeds to two or
fewer dwelling units;
3.
are located on land which
must be filled or drained or on land created by diverting a watercourse. In no instance shall the Building Inspector
approve any part of a lot located on wetlands or great ponds (natural bodies of
water 10 acres or more in size);
4.
employ septic sewage
disposal and do not meet or exceed the lot size guidelines for soil types (and
slopes) as specified in (Appendix F of) "State of
Wherever situated, in whole
or in part, within 250 feet of the high water mark of any pond, lake, river, or
tidal waters, a building lot, and all building and land uses on it, shall
conform to the Shoreland Zoning Ordinance for the Town of Lamoine, Maine. A Shoreland Zone Permit must be obtained
prior to any activity governed by the Building and Land Use Code on such a lot.
The applicant will
determine, and will provide sufficient evidence to the Board, that the proposed
structure does not violate the Flood Plain Management Ordinance of the Town of
If requested by the
To implement the provisions
of this Ordinance and the Comprehensive Plan, the Town of
1.
Residential Zone (RZ)
2.
Development Zone (DZ)
3.
Rural and Agricultural Zone (RAZ)
Said Districts are located
and bounded as shown on the Official Land Use Map, entitled "Official Land
Use Map of Lamoine,
Where uncertainty exists as
to the boundary lines of Districts as shown on the Official Land Use Map, the
following rules shall apply:
1. Boundaries indicated as
approximately following the center lines of streets or highways, shall be
construed to follow such center lines;
2. Boundaries indicated as
approximately following established lot lines or town boundary lines shall be
construed as following such lines;
3. Boundaries indicated as
being parallel to or extensions of features listed above shall be so
construed. Distances not specifically
indicated on the Official Land Use Map shall be determined by the scale of the
Map; and
4. Where physical or cultural
features existing on the ground are at variance with those shown on the
Official Land Use Map, or in other circumstances where uncertainty exists with
respect to the location of a boundary, the Board of Appeals shall interpret the
District boundaries and be the final local authority as to their location.
1. Where a District boundary
line divides a lot or parcel of record, the regulations applicable to the less
restricted portion of the lot may be extended not more than 50 feet into the
more restricted portion of the lot. Less restrictive district requirements may
not be applied to land areas under the jurisdiction of the Lamoine's Shoreland
Zoning Ordinance. When less restrictive
requirements are extended into a neighboring district, the proposed use shall
be subject to
1. Residential Zone: To
preserve an area of relatively low cost housing and encourage new residences of
all kinds (single family dwellings, two-family dwellings, and multi-family
dwellings, and mobile and manufactured homes.) and home occupations convenient
to the job market in Ellsworth. To
prohibit new commercial and new strip development.
2. Development Zone: To
encourage an area of mixed residential commercial and industrial uses.
3. Rural and Agricultural
Zone: To encourage a mixture of residential, agricultural and limited
commercial uses.
1.
For each land use district, uses are designated as either permitted
with a land use permit from the Code Enforcement Officer, or permitted subject
to
2.
For any type of land use not described in Table H, the
Key to
Table 1 (Section H):
N = Not
Allowed
CEO = Use
permitted with a land use permit from the code enforcement officer subject to
all applicable standards, as found in the Lamoine Building and Land Use Ordinance
and where applicable, the Lamoine Site Plan Review Ordinance.
PB = Use
permitted with a permit from the planning board. Subject to all applicable standards, as found
in the
Dimensional and setback
requirements for lots, dwelling units, and other principal or accessory
structures are provided in Section 4.I. Lot Standards and Structure Setback
Table.
The listing of uses
permitted shall be either as defined in the ordinance or shall have their
ordinarily accepted meaning.
|
Land Use Descriptions |
Residen-tial Zone (RZ) |
Develop-ment Zone (DZ) |
Rural & Ag Zone (RAZ) |
|
1. Campgrounds & Travel Trailer Parks |
N |
PB |
PB |
|
2. Car Washing Establishments |
N |
PB |
PB |
|
3. Church, School, Library, or |
N |
PB |
PB |
|
4. Clinic or Office, Medical, Health, or Psychiatric |
N |
PB |
PB |
|
5. Cluster Housing |
PB |
PB |
PB |
|
6. Commercial - General |
N |
PB |
PB |
|
7. Commercial - Recreation |
N |
PB |
PB |
|
8. Dwelling - Single Family |
CEO |
CEO |
CEO |
|
9. Dwelling - Two Family |
CEO |
CEO |
CEO |
|
10. Dwelling - Multi Family |
PB |
PB |
PB |
|
11. Dwelling - Accessory Units |
CEO |
CEO |
CEO |
|
12. Home Occupations |
PB |
PB |
PB |
|
13. Industries - Assembling & Manufacturing Goods & Products |
N |
PB |
N |
|
14. Industries & Business - Assembling & Manufacturing Products Related to the Secondary Processing of Wood/Marine Products |
N |
PB |
PB |
|
15. Mineral Exploration2 |
PB |
PB |
PB |
|
16. Mobile Home Parks1 |
N |
N |
PB |
|
17. Motels, Hotels |
N |
PB |
PB |
|
18. Nurseries & |
N |
PB |
PB |
|
19. Nursing Homes, Congregate Care |
N |
PB |
PB |
|
20. Other Uses Similar to Those Requiring |
PB |
PB |
PB |
|
21. Petroleum Storage, and Distillation Facilities |
N |
N |
N |
|
22. Quarries |
N |
PB |
N |
|
23. Restaurants |
N |
PB |
PB |
|
24. Retail Business, Business & Professional Offices |
N |
PB |
PB |
|
25. Salvage Yards, Junkyards, Scrap Metal Processing |
N |
PB |
N |
|
26. Sand/Gravel Pits, Etc.2 |
N |
PB |
PB |
|
27. Service Stations, Vehicle |
N |
PB |
N |
|
28. Shops: Automobile Repair |
N |
PB |
PB |
|
29. Shops: Plumbing; Electrical; Carpentry |
N |
PB |
PB |
|
30. Signs |
CEO |
CEO |
CEO |
|
31. Small Lodging & Tourist Bed & Breakfast (5 Rooms or Less for Rent) |
PB |
PB |
PB |
|
32. Stand, Produce, Fruit & Vegetables |
CEO |
CEO |
CEO |
|
33. Subdivisions |
PB |
PB |
PB |
1.
2. See separate standards in the Lamoine Gravel Ordinance
NOTE: If the applicant's lot
lies within the Shoreland Zone or the Flood Management Zone, additional permits
to those described above are required.
1. GENERAL
All land use activities
within the Town of
2. LOT STANDARDS & STRUCTURE SETBACK TABLE
|
|
Residential Zone (RZ) |
Development Zone (DZ) |
Rural & Agricultural Zone (RAZ) |
|
Minimum |
|
|
|
|
(per dwelling unit or principal1 structure2 |
40,000 |
40,000 |
40,000 |
|
Minimum Road Frontage (ft) |
|
|
|
|
(per dwelling unit or principal structure |
200 3 |
200 |
200 |
|
Minimum Front Yard Setback from the road right of way5 |
50 |
50 |
50 |
|
Minimum Side & Rear Yard
Setback from a |
|
|
|
|
Residential |
25 |
25 |
25 |
|
Commercial/Industrial 5 |
N/A |
See Note 5 |
See Note 4 |
|
Maximum Lot Coverage including driveways & Parking Lots |
|
|
|
|
Residential |
25% |
25% |
25% |
|
Commercial/Industrial |
N/A |
30% |
30% |
|
Subdivision (See Section 12-H) |
|
|
|
|
|
35 |
35 |
35 |
1
2 Commercial and industrial usage (where allowed) require 40,000 square feet of land for every 5,000 square feet of floor
space or portion thereof in the building.
3 Additional standards apply for cluster housing subdivisions, see section 12-H
4 Large commercial structures (over 2000 square feet of floor space) and industrial structures (where allowed) the set back will be at least 200 feet from the edge of any street right-of-way, except that retail or service structures need only be set back at least 100 feet from the edge of any street right-of-way. The setback from the side and rear adjoining lot lines will be at least 100 feet.
5 Auxiliary features of building and structures, such as chimneys, towers, ventilators, and spires may exceed permitted height of structure, unless a greater setback is required by other provisions of this ordinance.
Standards for the
construction of streets and roads are found in Section 12-(F).
To locate the edge of a
street right-of-way when no survey exists, find the apparent center of the
traveled portion of the road and measure 25 feet to the assumed edge of the
right-of-way.
A Lamoine Entry Permit is required from the Lamoine
CEO or Road Commissioner prior to establishing access onto a public roadway in
the Town of
The
following are the minimum standards for new or replacement driveway entrance
culverts.
1. The culvert must be new, not used, and shall be supplied
and installed by the permittee.
2. Culvert Diameter: minimum of
15" (12" if there is ledge, although with the smaller size, freezing
is a strong concern). Final size is
determined by the amount of runoff in a given location.
3. Length: minimum of 24' with a preference for 30' (30' helps prevent collapsing of the ends). A maximum length of 50' is allowed.
4. Materials: Aluminum Clad Corrugated Metal Pipe or plastic corrugated pipe are permitted. Plastic (HDPE) corrugated pipe must meet or exceed AASHTO specification M294. For 24” and larger diameters, 14 gauge material is required and below 24", 16 gauge is required. The use of bituminous coated corrugated metal pipe is prohibited.
5.
Design Standards: Where the driveway is pitched upward from the
road, the shoulder grade should be maintained as far as practical. The object is to help prevent water flowing
down the driveway and onto the road where icing is a problem in winter. Where maintaining shoulder grade is not
practical, some other means of diverting water flow should be provided.
Each lot shall be provided
with a driveway at least ten (10) feet in width. The edge of all driveways must
be set back 15 feet from side and rear lot lines. Driveway setbacks may be less than 15 feet
with the written agreement of all landowners abutting the proposed driveway.
All private ways shall meet the requirements
in Section 5.D above and the following:
a. Within every 500-foot section of a private way, an
area twenty (20) feet in width and fifty (50 )feet in length shall be constructed for the
purpose of allowing two vehicles to pass.
b. Prior to final approval the private way shall receive
written approval from the Lamoine Fire Chief or his designee.
c. Any proposal to increase the number of lots to be
served by a private way to three (3) or more must include a plan to upgrade the
private way to the Minimum Standards for Street Design and Construction as
found in Section 12. F. of the
Off-street parking shall be
provided with a minimum of 300 square feet per dwelling unit in the case of all
residential structures; in the case of commercial and industrial structures,
600 square feet per each 5,000 square feet of floor space or portion
thereof. This may be accomplished by
driveway space, garage space, parking lot space, or any combination of the
three.
All lots suitable for
building purposes requiring sewage disposal must be served by septic systems
which meet the standards prescribed in the Maine State Subsurface Wastewater
Disposal (SSWD) Rules, Part II (most recent edition).
1. The Plumbing Inspector shall issue all septic system permits for
all lots in the Lamoine Shorelands Zone.
Any non-conforming lot of
record existing before March 1976 and not adjoined by other land of the same
ownership may be used if it is in accordance with all other provisions of this
ordinance and state law. Any non-conforming lot of record established between
March 1976 and May 1999, not adjoined by other land of the same ownership but
conforming to prior law at its date of purchase, may be used if in accordance
with all other provisions of this ordinance and state law and if the applicant
demonstrates that steps will be taken to prevent water pollution.
If
any portion of a structure does not meet the dimensional requirements of the
Building and Land Use Ordinance, that portion of the structure shall not be
expanded by more than 30% in floor area or volume.
All building materials used
and practices followed in the construction of buildings shall conform to the
generally accepted standards of good building practice
The exterior wall shall be
finished with a covering of clapboards, wood or vinyl siding, wood, asphalt,
masonry, brick, stone or other approved material. Such covering shall be completed within 6
months after the studding is in place.
Tarred paper and/or felt, or similar substances, may be used only when
completely hidden from view by the finished exterior wall covering.
The roof shall be covered
with fire- resistant materials.
No principal or accessory
conventional structure shall exceed two stories in height nor shall any
structure exceed 35 vertical feet (See definition of building height), except
for municipal buildings, steeples, silos, detached barns, water towers or other
accessory structures not designed for human habitation.
All buildings shall have a
safe and adequate electrical service. All wiring shall meet the standards of
the National Electrical Code.
All plumbing and sewage
disposal shall be in strict conformance with State of
Signs
and Billboard shall not exceed 16 square feet in area, 8 feet in height from
grade and two signs per premise. A
permit must be obtained from the Code Enforcement Officer and placement of
signs on a premise must be approved by the Lamoine Road Commissioner or the
Maine Department of Transportation.
The
The office of Building
Inspector is hereby created. The Code Enforcement Officer shall serve as the
Building Inspector and shall be appointed by the Board of Selectmen and shall
have the powers and responsibilities described in this ordinance and
specifically designated by the Board of Selectmen under Maine statute.
1.
Before the construction,
reconstruction, conversion to a different use, substantial addition,
relocation, or replacement of any structure or significant segment thereof
shall be commenced, the owner or lessee, or the architect, contractor, or
builder employed by such owner or lessee shall obtain from the Building
Inspector or
2.
Application in General:
a.
All applications for the
permits shall be in writing and in such form as the Board may prescribe.
(Consult the Town Office or Code Enforcement Officer to obtain the correct
forms). All applications shall contain,
at a minimum, a description of the proposed activity including size, location,
setbacks and side and rear yard widths of all structures, roadways and parking
areas and utilities associated with the building. The application shall also contain a
statement of the uses to which any buildings or other structures will be put
and shall be dated on the day of submission to the Building Inspector or Board.
b.
Specific application
instructions are found in Sections 10 – 15 to cover the following uses:
Section 10 - Single-Family
and Two-Family Dwellings and Accessory Dwelling Units
Section 11 - Multi-Family
Dwellings
Section 12 - Subdivisions
Section 13 - Cluster Housing
Section 14 - Commercial and
Industrial Uses
Section 15 – Junkyards &
Automobile Graveyards
3.
Plumbing permit: A plumbing
permit, when required, must be issued by the Lamoine Plumbing Inspector before
a building permit is issued. An internal
plumbing permit is required for all new or relocated plumbing fixtures
4.
Review Criteria
The
a.
meet all lot size, density, and open space
requirements;
b.
meet all setback, side and rear yard width,
and buffer requirements;
c.
provide easements, road access, and utility
installation as prescribed in this and other Town ordinances;
d.
not result in undue water, soil, or air
pollution. In making this determination
the Board shall at least consider: The elevation of land above sea level and
its relation to the floodplains; the nature of soils and subsoils and their
ability to adequately support waste water disposal; the slope of the land and
its effect on effluents; the availability of streams for disposal of adverse effluents; the applicable state and
local health and water resources regulations; and the applicant's submission of
required assessments by certified professionals;
e.
not whenever situated in
whole or in part within 250 feet of any pond, lake, river or tidal waters,
adversely affect the quality of such body of water or unreasonably affect the
shoreline of such body of water or the uses to which it is customarily put;
f.
not, alone or in conjunction
with existing activities, adversely affect the quality or quantity of
groundwater or cause an unreasonable burden on any existing water supply;
g.
have sufficient water available for the
foreseeable needs of the subdivision;
h.
not cause unreasonable soil erosion or
reduction in the capacity of the land to hold water or support vegetation so
that a dangerous or unhealthy condition may result;
i.
meet street design standards as specified in
Town ordinances;
j.
not cause unreasonable highway or public road
congestion or unsafe conditions with respect to use of the highways or public
roads existing or proposed;
k.
provide for adequate sewage,
solid waste, and waste water disposal in a manner which does not cause an
unreasonable burden on municipal services;
l.
not have an unduly adverse
effect on the scenic or natural beauty of the area, geographic or historic
sites, rare and irreplaceable natural areas, or any public rights for physical
or visual access to the shoreline;
m.
not significantly alter the
demand for any municipal service or facility without providing a means
acceptable to the Board for supporting the Town's ability to provide the
service or facility;
n.
provide for an adequate
supply of water for fire protection as specified herein;
o.
not violate the Town's
Floodplain Management or Shorelands Ordinances;
p.
be in conformance with this
ordinance and the Town's Comprehensive Plan.
5.
Permit Approval: The Code
Enforcement Officer or
6.
Life of the Permit: All
building permits shall be void unless work thereunder is commenced within one
year from the date of issuance and completed sufficiently to receive a
certificate of occupancy within two years, unless an extension is granted by
the
7.
Display of Permit: Every
building permit shall be displayed in a conspicuous place on the premises,
clearly visible from the principal traveled street, and shall not be removed
until all work covered by the permit has been approved.
This code shall be
administered by the Building Inspector, as directed by the
1. Inspection: The Building Inspector (or other municipal or
licensed official as appropriate) shall inspect all buildings for the purpose
of administering and enforcing the provisions of this code and all other local
and state laws affecting such activities.
This shall include, but not be limited to, the inspection of
construction under this code at appropriate points during the construction period
to permit a determination that the building in fact conforms to the plans
proposed in the application.
Specifically, in addition to the final inspection, all construction
shall be inspected at least at the following points by the appropriate town official:
a. after the foundation forms or footings are placed,
but prior to pouring concrete (contact the Building Inspector to check for
minimal setbacks);
b.
after sewage disposal system
is laid out but prior to covering (contact the Plumbing Inspector);
c.
After septic system is
covered to assure site stabilization and seeding (contact the Plumbing
Inspector for final inspection)
d.
after plumbing has been
installed but prior to covering (contact the Plumbing Inspector to check waste
and water line pressure).
e.
after completion for a
certificate of occupancy.
2. Right of Entry: The Building Inspector, members of the Board, and
other qualified officials in performance of their duties may enter any lot or
building, with permission, for the purpose of making the inspection required by
this code.
1.
Permit application
Fees: Applicants for building permits
shall submit a fee together with a completed application to the Code
Enforcement Officer or
Permit Application
fees shall
be as follows:
a.
Structures designed for
human habitation shall pay a permit fee of $0.10 (10-cents) per square foot of
the structure’s ground coverage (footprint).
b.
Structures not designed for
human habitation (i.e. garages, decks) shall pay a permit fee of $0.05
(5-cents) per square foot of the structure’s ground coverage (footprint).
c.
d.
e.
Fees for commercial,
industrial or multi-family dwelling units shall be twice the schedule above. See
Section 14.
f.
Fees for subdivisions and
cluster housing: $ 50.00 for the application plus $50.00 per lot created. See
Section 12 and 13.
g.
No fee shall be charged for
additions or accessory structures less than 100 square feet.
2.
Impact Fee: In the event that the
3.
In addition to the fees set
out above, the applicant shall be required to pay the costs of independent evaluations
of a proposed development, either as required in this ordinance or as the
No structure shall be
occupied after its construction, conversion to another use, relocation, or
replacement until a certificate of occupancy is issued by the Building
Inspector. The Building Inspector shall
issue said certificate after proper examination establishes that sufficient
amount of work to ensure safe health conditions including heat, internal plumbing,
septic disposal system, finished interior walls are in place in the kitchen and
bedroom and other areas being occupied was performed in compliance with the
provisions of this code and the plans submitted by the applicant.
The Board of Appeals may
grant a variance from the strict application of this ordinance provided that
the applicant applies for such a variance within 30 days of a building permit
decision and that the applicant can demonstrate that the strict application of
the ordinance would result in undue hardship.
No variance shall be granted which circumvents a prior subdivision
ruling by the
The Board of Appeals, upon
written application of an aggrieved party within 30 days of a Building
Inspector or
An appeal may be taken
within 45 days after any decision is rendered by the Board of Appeals, by an
aggrieved party, to Superior Court in accordance with state law.
This code shall be
administered by the
1.
The office of Code
Enforcement Officer is hereby created.
The Code Enforcement Officer shall be appointed by the Board of
Selectmen for the purposes of ensuring compliance with, and assisting the
2.
The
Any building constructed or
work performed in violation of the provisions of this code or of any permit
issued by the Building Inspector or
See Section 12 (N) for specific conditions covering violations in
subdivisions, cluster housing, and commercial or industrial uses.
1.
Dwellings and Uses Other
than Subdivisions, Cluster Housing, and Commercial/Industrial Uses: Any person found guilty of violating any
provisions of the code, except those governing subdivisions, cluster housing,
and commercial/industrial uses, shall be subject to a fine of not more than
$250 for each offense. Each day in which a violation is proved to exist shall
constitute a separate offense under this section.
2.
See Section 12(N) for specific conditions covering fines for
Subdivisions, Cluster Housing, and Commercial/Industrial Uses:
Any structure containing
only one (1) dwelling unit for occupation by not more than one (1) family must conform to the requirements
described in Sections 1-9. Permits are issued by the Code
Enforcement Officer and must follow procedures described in D. below.
Recreational Vehicles used as dwelling units on a
lot for more than 30-days must obtain a building permit
Any structure containing
only two (2) dwelling units for occupation by not more than two (2) families
must conform to the requirements described in Sections 1-9. Permits are issued by the Code Enforcement
Officer and must follow procedures described in D. below.
1.
Creation of an Accessory Dwelling Unit - The purpose of this
provision is to permit creation of a single, accessory dwelling unit within and
incidental to an existing single-family dwelling. The creation of an accessory dwelling unit (see
definition) within a new single-family dwelling shall also be permitted. Accessory dwelling units shall only be
created where the single family character of the main building is
maintained.
2.
Requirements - The following requirements shall be in
addition to other requirements of the Building and Land Use Code. No accessory dwelling unit is permitted where
a variance to the Building and Land Use Code is required. The
a.
A lot must have a minimum of
40,000 sq. ft. to be eligible for the addition of an accessory dwelling unit to
an existing single-family home. The
applicant shall have the burden to establish the lot area by a survey signed
and sealed by a registered
b.
An accessory dwelling unit
may only be created in a single-family detached dwelling which has a total existing
floor area of the structure, excluding garages, of 1,600 sq. ft. or more prior
to the addition of the accessory dwelling unit.
c.
The accessory dwelling unit
shall occupy no more than twenty-five percent (25%) of the resulting floor area
of the structure, as defined herein, excluding garages. In no event, however, shall the floor area of
the accessory unit be less than a minimum of 400 sq. ft. An interior connecting doorway between the
single-family dwelling and the accessory dwelling unit shall be provided that
promotes commingling of the residents of the accessory unit. The doorway shall
not permit the informal extension or expansion of the allowable dimensions of
the accessory dwelling unit.
d.
Any addition to the floor
area of the single-family detached dwelling to create the accessory dwelling
unit shall not exceed 15% of the floor area of the structure of the
single-family dwelling prior to conversion.
e.
One parking space shall be
provided for the accessory dwelling unit in addition to parking for the
single-family dwelling. The parking
space must be located a minimum of fifteen feet (15’) from the side and rear
property lines. The parking areas for
the lot shall be arranged and landscaped to be compatible with adjacent
structures.
f.
Any exterior alteration
shall preserve the single-family appearance, architectural style, and character
of the original structure and shall be in harmony with the design of the
original structure and the general appearance of the neighborhood. Any exterior
alteration shall preserve the formal, front entrance of the original structure
in order to maintain the single-family appearance and architectural style of
the structure, although a secondary entrance which serves the accessory
dwelling unit may be permitted. Any
secondary entrance shall not detract from the main entrance and shall not be
located on the face of the building where the main entrance is located. A
secondary entrance shall not negate the requirement for the interior connecting
doorway described above D2c.
g.
The single-family dwelling
and the accessory dwelling unit installed therein shall be held in the same
ownership. No rights shall accrue to the
recipient of the accessory dwelling unit building permit unless the recipient
records and attests copy of the building permit in the Hancock County Registry
of Deeds within 90 days of final approval of the building permit for accessory
dwelling unit. No rent may be charged by
the owner of the single-family dwelling to the occupant of the accessory
dwelling unit, but co-mingling of incomes for common household expenses is
allowed. Upon vacancy of the accessory
dwelling unit by close, personal relative, the accessory dwelling unit may not
be rented to the general public, and it may only be occupied by another close,
personal relative as defined in (Section 16).
1.
All applications for permits
shall be in writing and on such forms as the Board may prescribe.
2.
Permits shall contain a
description of the proposed activity including size, location, setbacks and
side and rear yard widths of all structures, roadways and parking areas and
utilities associated with the building.
The application shall also contain a statement of the uses to which any
buildings or other structures will be put and shall be dated on the day of
submission to the Building Inspector or
3.
See Section 7B for requirements regarding plumbing and other permits.
New multi-family structures,
including apartment houses, cluster housing, motels, campgrounds, and
condominiums, shall conform to the permits, procedures and standards
described in Section 12, Subdivisions and shall, where required, meet all
standards described in Lamoine’s Site Plan Review Ordinance.
A subdivision shall be the
division of a tract or parcel of land, as defined in the State Statutes, MRSA,
Title 30, Section 4956, into 3 or more lots for the purpose of sale,
development, or building. The terms, development
and building, shall refer broadly to the establishment of buildings or
developments for purposes including, but not limited to, cluster housing,
mobile home parks, campgrounds, motels, and apartment or cooperative housing
with multiple building or dwelling units. The establishment of 3 or more dwelling units,
lodging units, and/or commercial, industrial, institutional, or retail
establishments on any one tract or parcel of land shall constitute a
subdivision. A subdivision shall, where required, meet all conditions described
in the Lamoine Site Plan Review Ordinance. (See Section G of the Site Plan
Review Ordinance)
Any residential subdivision which proposes for any
purpose, including subdivision roads, to pave, strip, grade or remove earth
materials from vegetated areas of more than ten thousand (10,000) square feet
within a five (5) year period shall meet all applicable conditions described in
the Lamoine Site Plan Review Ordinance.
The purpose of this section
is to provide the town with a review procedure for all subdivisions to assure
the comfort, health, safety, and general welfare of the people. The section is designed to protect the
environment, provide for the orderly development of a sound and stable
community as described by its Comprehensive Plan, and control the density of
its growth, guarding it, for example, from overtaxing its municipal services,
overburdening its soil with waste, or depleting or adversely affecting its
groundwater, and assuring that water supplies and human and other waste
disposal systems are adequate.
In reviewing applications
for the subdivision of land, the
1.
Impact on Community Services (see section 3-B)
2.
Maintenance of Prescribed
Building Densities and Setbacks. To preserve the primarily residential character of
the community as specified in the Town's Comprehensive Plan, no subdivision
shall create a concentration of dwelling units exceeding one unit per 40,000
square feet within the subdivision
parcel. For parcels of 12 units or more,
an additional 20,000 square feet per unit must be provided for common
recreational and open space uses.
Further, all structures shall be located according to setbacks and side
and rear yard widths prescribed in this and other Town ordinances.
3.
Preservation and Protection
of Natural Resources. The proposed subdivision shall
not pose a threat to existing or future quality or quantity of water, air,
soil, or geographic features. The Board
may require the applicant to submit environmental impact studies by qualified
experts acceptable to the Board. The
applicant shall bear the costs of such studies.
4.
Retention of Open Space and
Geographic or Historic Features. The proposed
subdivision shall provide sufficient open space for the use of residents of the
subdivision and, if agreed upon by the subdivider and the Board, the use of the
general public. In cases of the latter
use, the Board may require the subdivider to provide public access to
geographic or historic features which it deems to be significant public
resources and shall require the subdivider to protect those features from
damage and depreciation.
5.
Easements
a.
Where a subdivision is
traversed by a natural water course, drainage way, channel, or stream, there
shall be provided a stormwater easement or drainage right-of-way that shall be
not less than 30 feet in width and shall conform substantially with the lines
of such water course.
b.
The Board may require
easements for sewage, drainage, or other utilities.
6.
Utilities. The size, type, and location of public
utilities, such as street lights, electricity, telephones, gas lines, fire hydrants,
etc., shall be acceptable to the appropriate utility and/or Town department.
7.
Land Not Suitable for
Development.
a. In addition to those lands described in
Section 3(D), the Board shall not approve for the purpose of meeting lot size
requirements such portions of any proposed subdivision that:
i.
Are situated below mean high
water;
ii.
Are part of a right-of-way
or easement, including utility easements, except for service feeds to two or
fewer dwelling units;
iii.
Are located on land which
must be filled or drained or on land created by diverting a water course. In no instance shall the Board approve any
part of a subdivision located on wetlands or great ponds (natural bodies of water 10 acres or more in
size);
iv.
Employ septic sewage
disposal and do not meet or exceed the lot size guidelines for soil types and
slopes as specified in Appendix 1 of "State of
b. Wherever situated, in whole or in part,
within 250 feet of the high water line of any pond, lake, river, or tidal
waters, a proposed subdivision shall conform to the Shoreland Zoning Ordinance
for the Town of
8.
Floodplain Management
Requirements.
The subdivider shall determine, and provide sufficient evidence to the Board
that the proposed subdivision does not violate the Floodplain Management
Ordinance for the Town of
1.
The
2.
Any and all proposed
amendments to an already approved subdivision shall follow in full the
application procedures outlined in this section.
3.
Pre-application Procedure
a. Applicants shall submit
to the Chair of the
b.
Applicants who attend a
meeting but who are not on the Board's agenda may be heard, but only after all
agenda items have been completed and a majority of the Board votes to hear the
applicant.
c.
The Board shall provide the
applicant with an opportunity to describe the proposed subdivision and shall
have an opportunity to question the applicant concerning the proposal. The Board shall also schedule an on-site
inspection and designate who shall inspect the site on behalf of the Board.
d.
Within 30 days of
consideration of the completed pre-application form, the Board shall conduct
the on-site inspection, and inform the applicant of any specific points to be
covered in the Plan not required by Part E below.
4. Application and Development Plan
a.
The Application for
Subdivision with Development Plan (hereinafter called the Plan) is to be
submitted by the applicant after the on-site inspection has taken place,
subject to the power of the Board to require additional information as set out
in Section 12C above.
b.
The Board shall notify the
applicant as to whether or not the application is a completed application, and
shall note the date and give the applicant a receipt showing the date on which
the application is complete. A completed
application is one which contains all the elements required by Part E of
Section 12 and is accompanied by the required application fee. Notice to the applicant that the application
is complete shall not bar the Board from requesting further information from
the applicant if such further information is required to determine whether the
proposal meets the criteria for approval set out in
c.
The Board shall hold a
public hearing on the application within 30 days of the date on which it
receives the completed application. The
Board shall notify by registered letter all owners of abutting properties
listed in the application or Plan as to the date, time, and place of such
review. Applicants are strongly
encouraged to contact resident abutting landowners personally before this
review. The notice required by this
paragraph is in addition to all other notices required by law, and failure to
give such notice shall not affect the validity of any Board action.
d.
Within 30 days of the public
hearing on the Plan, within 60 days of the receipt of the completed
application, or within any other time limit agreed to by the Board and the
applicant, the Board shall notify the applicant, in writing, of its
decision. The Board may approve, approve
with conditions, or deny the Plan. The
Board shall specify to the applicant its reasons for any conditions or for
denial.
5. Fees - There shall be an
application fee of $50.00 for the application plus $50.00 per lot created by
the subdivision, accruing to the Code Enforcement Fund of the Town of
6. Evidence of Financial and
Technical Capacity. Before granting approval of a
permit, the Board shall determine that the subdivider has provided written
evidence of adequate financial and technical capacity to meet the standards
stated in Section 12 and has paid the required fees and planning costs in a
timely fashion.
7. Expiration Date of Plan
Approval. Plan approval shall be void unless work
thereunder is commenced within one year form the date of permit issuance and
completed within two years from the date of issuance, unless an extension is
granted by the
The Plan submitted by the
applicant shall contain nine (9) copies of the Application for Subdivision and
all other pertinent information (one each for the permanent file, the CEO and 7
1.
Title and purpose of the
subdivision;
2.
Scale, date, North Point,
and geographical location;
3.
Boundaries of the parcel to
include remaining portions of owner's land;
4.
Names of owner(s),
engineer(s), and surveyor(s);
5.
A statement specifying the
land use proposed for the subdivision in general and each functional unit in
particular, specifying any covenants imposed, with a description of the
character of the structures and their location on the parcel, and drawings of
elevations and floor plans for each proposed structure;
6.
Names and addresses of
owners of abutting properties and location of
their abutting properties, including those located across roads and
streets including entire subdivisions, indicating structures within 200 feet of
the common boundary;
7.
Existing and final proposed
lines and dimensions of lots, streets, ways, fire zone parking areas,
easements, and public or common areas within the subdivision. When indicating
lot sizes for each lot on the Plan, the applicant shall specify total square
footage and square footage of land suitable for building gpurposes (see
Section 3D).;
8.
Sufficient data to determine
the location, direction and length of every street and way line, lot line and
boundary line, and to establish these lines on the ground;
9.
Name, location, width,
profile and cross-section, radius of curves of
all existing and proposed streets, and the design for traffic
control. This shall include profiles of
the center lines of proposed streets separate from the plan diagram, at a
horizontal scale of 1 inch equals 5 feet, or adjusted to the standard-sized
mylar, with all elevations referred to U.S.G.S., DATUM or other permanently
established benchmark;
10.
Kind,
location, profile and cross-section of all existing and proposed drainage;
11.
Location, with dimensions, of natural and
man-made features, affecting the subdivision, such as water bodies, streams,
swamps, wooded areas, ditches, highways, buildings, community recreational
resources, historic sites, landscaping, wooden screens, vegetated buffers,
amount of deforestation required, etc.;
12.
Location,
with dimensions, of utilities, electrical lines, existing right of ways, etc.;
13.
Plans
for water supply adequate to meet the needs of the proposed subdivision and the
requirements of this ordinance;
14.
Plans
for fire protection (see Section 12-I);
15.
Plans
for needed waste water and sewage disposal along with all backup information to
support the validity of the waste water and sewage disposal concepts. A statement from a certified geologist,
registered civil engineer, or licensed soil evaluator is required for this
purpose;
16.
A
topographical map of the site showing 10’ (ten foot) elevation contours;
17.
A
list of construction items (e.g. streets, streetlights, culverts, fire
hydrants, fire zone parking areas, etc.) to be completed before the sale of any
lot OR within the two year life of the permit.;
18.
Suitable
space to record, on the Plan, final approval by the Board, with conditions, if
any, and also the date of approval;
19.
Certification
by a licensed surveyor or equivalent authority;
20.
The
following conditions, in writing, where appropriate:
a.
Water supply system
proposals contained in the Plan shall be approved in writing by a) the
servicing Water Department if existing water service is to be used, b) the
State of Maine Department of Human
Services if the applicant proposes to provide a central water supply system, or
c) a civil engineer registered in the State of Maine if individual wells
serving each building site are to be used. The Board may also require the
applicant to submit the results of water quality tests as performed by the
Department of Human Services.
b.
Sewage disposal system
proposals contained in the Plan shall be properly endorsed and approved in
writing by a) the State of Maine Department of Human Services if a central
sewage collection system is to be used or if individual septic tanks are to be
installed by the applicant or lot owners, or b) the Maine Department of
Environmental Protection if the Town system to be used is inadequate by State
standards and the waste generated is of a significant nature.
c.
If the proposed subdivision
in any way falls within the jurisdiction of and is subject to review by the
State of Maine Department of Environmental Protection, then approval of that
agency shall be secured in writing before submission of the Plan.
d.
Approved fire protection
plan;
21.
Sufficient
evidence that the proposed subdivision does not violate:
a.
The Town's Floodplain
Management Ordinance;
b.
The DEP Storm Water
Management Plan
22.
Required
fees;
23.
Other
information required by the Board.
The foregoing approvals may
be listed as conditions to the approved Plan if the applicant demonstrates to
the Board that it is impractical to obtain them before submission of the
Plan. In no case shall work commence on
the subdivision or any further permit or certificate be issued until all such
conditions have been fulfilled.
1.
Roads shall be located, constructed, and maintained so that erosion is
kept to a minimum. Adequate provisions
shall be made to prevent soil erosion and sedimentation of surface waters to
the maximum extent possible, as defined by the Maine Department of
Transportation's Standards of Practice.
The design of streets shall provide for proper continuation of streets
from adjacent subdivisions and built-up areas, and proper projection of streets
into adjacent un-subdivided and open land.
2.
Where a proposed development involves the division of
a tract or parcel of land into 3 or more lots within any five (5) year period,
whether accomplished by sale, lease, development, buildings or otherwise, as
defined by the Subdivision Law, Title 30-A MRSA sections 4401-4407 the
following provisions shall apply. Direct lot-by-lot access to the existing
public road is prohibited. Direct access to any individual lot, or to a single
place of business, shall be prohibited unless the Planning Board determines
that physical conditions particular to the parcel justify the granting of a
waiver from this requirement.
Waiver – A waiver may be granted only if there will be no
further subdivision of the parcel and the shape or physical condition of the
parcel does not permit access to a street other than the public road, or the
creation of a service/frontage road to allow that access.
3.
All roads constructed shall
conform to the following standards:
a.
Ditching shall be sufficient
to prevent flooding of roadways, and bottoms of culverts shall be installed at
streambed elevation;
b.
All cut and filled banks and
areas of exposed mineral soil shall be revegetated or otherwise stabilized as
soon as possible;
c.
The arrangement, character,
extent, width, grade, and location of all roads shall provide for safe access
and egress based on their relation to existing or planned roads, to
topographical conditions, to public convenience and to safety, and their
relation to the proposed use of the land to be served by such roads. Grades of roads shall conform as closely as
possible to the original topography;
d.
Road intersections and
curves shall be so designed as to permit safe access and egress for both
pedestrian and vehicular traffic. That
portion of any corner lot which is necessary to allow 25-foot sight lines
between intersecting roads shall be cleared of all growth (except isolated
trees) and obstructions above the level of 3 feet higher than the center line
of the road . When necessary to achieve visibility, ground shall be excavated;
e.
Local streets shall be
designed to discourage through traffic;
f.
Width of right-of-ways shall
be a minimum of 50 feet;
g.
Width of streets shall be
two (2) ten (10) foot traffic lanes and two (2) two (2) foot parking and
delivery lanes abutted on the outer edges by a tapered, compacted soil with a 3
to 1 slope.;
h.
The edge of all streets
shall be set back at least 15 feet from abutting property lines.
i.
The radius of center line
curve shall be 100 feet minimum;
j.
Angle of street at
intersection shall be not less than 60 degrees;
k.
Street grades shall be a
minimum of 0.5% and a maximum grade of 3% within 50 feet;
l.
Cul-de-sac and dead-end
streets shall have adequate provisions for turning at the closed end, with a
minimum radius of 50 feet;
m.
Property lines at
intersections shall be rounded with a minimum radius of 20 feet;
n.
All streets shall be
properly excavated and have a base course of at least 18 inches of gravel and a
wearing course in addition. On streets
and ways which the developer intends to petition the Town for acceptance as a
Town road, the wearing course shall be of a material equal to two coats of
bituminous products as applied on State Aid roads. The wearing course on streets in a
development which will remain private ways may have a wearing course of any
material which insures safe travel and passing at all times. All streets shall be in accordance with good
engineering practices and be provided with adequate drainage;
o.
Sidewalks, guardrails or
other safety measures may be required at the discretion of the Board.
All subdivisions, except
those created by division of land into lots for single-family dwellings, shall
meet the following requirements. A
subdivision with lots for single-family dwellings will conform to the
requirements in Section 4(I).
1.
All buildings and parking
spaces must be set back at least 200 feet from any road right of way and at
least 100 feet from any adjacent property boundaries.