Building Ordinance

Sect.Topic

Purpose
Basic Requirements
Effective Date
Validity, Severability and Conflict with Other Ordinances
Amendments
Land Use Standards
Foundations
Plumbing
Electrical Installation
Finishes
Roofing
Chimneys
Attached Garages and Storage Areas
Mobile Homes
Administration

Appendix B - Rate Schedule

SECTION 1. PURPOSES

The purposes of this ordinance are to provide for the health, safety and general welfare of the Town of Stoneham, to conserve the value of real property, to encourage the appropriate use thereof throughout the town and to conform to the Zoning Ordinance of the Town of Stoneham.

SECTION 2. BASIC REQUIREMENTS

All building or structures hereafter erected, reconstructed, altered, enlarged or moved in or into the Town of Stoneham shall require a permit to be in conformity with the provisions of this Ordinance.

SECTION 3. EFFECTIVE DATE

The effective date of this ordinance is 7 July 64; amended 5 September 90; amended 10 August 92, amended 1 March 03.

SECTION 4. VALIDITY, SEVERABILITY AND CONFLICT WITH OTHER ORDINANCES

Should any section or provision of this Ordinance be declared by the Courts to be invalid such decision shall not invalidate any other section or provision of this Ordinance.
This Ordinance 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 the law. Where this Ordinance imposes a greater restriction upon the use of land, buildings or structures, the provisions of this Ordinance shall control.

SECTION 5. AMENDMENTS

Initiation of Amendments

An amendment of this Ordinance may be initiated by:

The Planning Board, provided a majority of the board has so voted.
Request of the Municipal Officers to the Planning Board
Written petition of a number of voters cast in the Municipality at the last gubernatorial election.

Adoption of Amendment

This Ordinance may be amended by a majority vote of those attending an official town meeting.

SECTION 6. LAND USE STANDARDS

Minimum lot size is one acre (43,264 sq. ft.)
All principal and accessory structures shall be set back at least fifty (50) feet from the center of a town road and twenty (20) feet from all boundary lines.
All principal and accessory structures shall be set back at least seventy-five (75) feet from the center of Maine Street (a.k.a. State Route 5) and twenty (20) feet from all boundary lines.
All structures shall conform to the Town of Stoneham Shoreland Zoning Ordinance (SO-ooo2).
Structures shall not cover more than twenty (20) percent of any lot. If more than one principal building is constructed on a single lot, all dimensional requirements shall be met separately for each principal structure.
All new driveways shall conform with the Town of Stoneham Driveway Ordinance.

SECTION 7. FOUNDATIONS

Structures shall be built upon stone or masonry foundations or masonry posts.

SECTION 8. PLUMBING

All plumbing shall be in strict conformance with the current State of Maine Plumbing Code and certified by the Town of Stoneham Plumbing Inspector.
All sewage disposal systems shall be in strict conformance with the current State of Maine Plumbing Code, as well as the Town of Stoneham Shoreland Zoning Ordinance Section 13, sub-section J (sanitary standards) and shall be certified by the Town of Stoneham Plumbing Inspector. A copy of the completed plumbing permit must accompany the application for a building permit.
Additional bedrooms require an additional 20’ length to the existing leach field. The additional length is not needed to be completed at the time of the addition, but proof shall be required that the additional space is there for the extra length. If the bedroom addition is in the Shoreland Zone, the excavation and additional length shall be added to the leach field before constructing the additional bedroom.

SECTION 9. ELECTRICAL INSTALLATION

The National Electrical Code, current edition, as published by the National Board of Fire Underwriters shall be considered the acceptable standard practice for electrical wiring.
All electrical wiring for apparatus or appliances for furnishing light, heat or power shall be in strict conformity with the laws of the State of Maine.

SECTION 10. FINISHES

All exterior walls shall have a covering of clapboards, novelty siding,
All siding shall be completed within two (2) years of the valid permit. If not completed, a renewal permit shall be necessary at the original permit’s cost. foundation. In each instance with wheels removed and the site must be inspected prior to pouring cement.
Replacing an existing trailer with another shall require it to (be placed on a cement pad, cement runners or a full foundation with wheels removed.) conform to
Section 14, paragraph F. The previous mobile home shall be completely removed from the property within 14 days of setting in the new one.

SECTION 11. ROOFING

Every roof which is hereafter placed on a building shall be covered with brick, concrete, tile, slate, metal, asbestos, prepared asphalt, wood, or saturated felt shingles which have been surfaced with granulated slate, built up roofing with asphalt, slag, or gravel, or other approved fire resistant material.

SECTION 12. CHIMNEYS

All chimneys constructed of masonry shall extend at least two (2) feet above the highest point where they pass through the roof.
All masonry chimneys shall be built around a flue lining at least eight (8”) inches by eight (8) inches.
All chimneys shall have a clean-out at, or near their bases.
All masonry chimneys built on the outside of a building shall rest on a foundation of masonry extending at least three (3) feet below ground level.
Prefabricated chimneys bearing a National Board of Fire Underwriters certification of approval shall be acceptable.
All other chimneys not meeting the above standards are expressly prohibited.

SECTION 13. ATTACHED GARAGES AND STORAGE AREAS

Any building or structure used as a garage or storage for any gasoline propelled vehicles and attached to a dwelling house which contains sleeping quarters shall be subject to the following specifications:

Unless separated by an open breezeway of at least twenty (20) feet in length, all such structures shall contain fire resistant doors of approved construction where they open into the main structure.
All such structures shall include a fireproof wall or partition extending from sill to slope of roof erected between the structure and the dwelling house. This partition or wall shall be constructed of regular cement blocks laid in mortar, regular bricks laid in mortar, asbestos, hardboard at least one-half inch in thickness, fire wall sheet rock, cement, stucco applied to approved metal lath to a thickness of one and one-half inches.

SECTION 14. MOBILE HOMES

Except hereinafter provided, no mobile home shall be occupied as a dwelling unit in the Town of Stoneham without obtaining the appropriate permit.
All mobile homes shall be connected to a sanitary system approved by the Town of Stoneham Plumbing Inspector.
Mobile homes in excess of 20 years old are not permitted.
Wheels of any such mobile home shall be removed and it shall thereafter become a part of the realty and taxed as such. The only exception to this requirement shall apply to mobile homes which are placed within the Town of Stoneham less than thirty (30) days during any calendar year.
Site inspections for mobile homes will be required.
Mobile homes must be on a two-foot gravel base with 4” thick cement pad, 7” thick cement runners 18” wide for the entire length of trailer under each frame rail or on a full foundation. In each instance with wheels removed and the site must be inspected prior to pouring cement.

SECTION 15. ADMINISTRATION

Enforcement
This Ordinance shall be enforced by a Code Enforcement Officer (CEO) elected by the voters at a town meeting. If a CEO is not elected at the town meeting, the voters may direct the Selectmen to appoint a Code Enforcement Officer.
Building or Use Permit
1. All applications for Building or Use Permits shall be submitted in writing to the Town Office on associated forms (see Appendix A.) prior to any earthwork associated with a building, foundation, alteration or building of any kind is begun.
2. The Planning Board (PB) and CEO will meet on the 2^nd and 4^th Wednesday at 7:00 P.M. local time each month at the Stoneham Town Office. If any of these dates falls on a holiday, the PB and CEO will meet within five (5) days of the original date. The CEO will review each request prior to the Planning Board meeting and shall provide the Board his/her recommendations. The PB shall act on each request by granting or denying the permit.
3. No Building Permit for a building or structure on any lot shall be issued except to the owner of record thereof, or his authorized agent, until the proposed construction or alteration of a building or structure shall comply in all respects with the provisions of this Ordinance or with a decision rendered by the Board of Appeals or the Planning Board. Any application for such a permit shall be accompanied by a plan, showing the shape and dimensions of the lot to be built upon, an on-site survey in accordance with the USDA Soil Conservation Service National Cooperative Soil Survey, the location and size of all buildings to be constructed, together with the lines within which all buildings and structures are to be constructed, the existing and intended use of each building or structure and such other information as may be necessary to provide for the execution and enforcement of this Ordinance.
4. Applications for permits with their accompanying plans and Building Permits shall be maintained as a permanent record in the Town Office.
5. A Building Permit secured under the provisions of this Ordinance shall expire if the work or change is not commenced within one (1) year of the date on which the permit is granted, and if the work or change is not substantially completed within two (2) years of the date on which the permit is granted.
6. Substantially complete shall mean the building shell, siding and roof completed
7. A "Certificate of Occupancy" will be required before moving into a new building. The Code Enforcement Officer shall make the necessary inspection prior to occupancy and shall issue the certificate. A certificate cannot be issued without a completed Plumbing Permit (installation and approval by the Local Plumbing Inspector).
8. Substantially complete shall mean the building shell, siding and roof completed
Plumbing Permit
No Building Permit shall be issued for any structure or use involving the construction, installation or alteration of plumbing facilities unless a valid Plumbing Permit has been secured by the applicant, or his authorized agent, in conformance with the sanitary provisions of this Ordinance and the Maine State Plumbing Code
Change of Use
Whenever a building is going to be used for another purpose other than its current use (i.e. a summer camp to year-round home; a garage to additional living space; a larger home to a two- or three-family rental, residential use to business use [partial],etc.) a Change of Use Permit shall be required.
Fees
No Building Permit shall be issued without payment of a fee according to the schedule listed as Appendix B.
Code Enforcement Officer
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 provision of this Ordinance is being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, structures, additions, or work being done, or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions and will notify the Municipal Officers of his actions.
Legal Action and Violations
When any violation of any provision of this Ordinance shall be found to exist, the Municipal Attorney, as designated by the Municipal Officers, upon notice from the Code Enforcement Officer, and with the Municipal Officers’ approval, is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of said Municipality.
Fines
Any person, firm or corporation being the owner or having control or use of any building or premises who violates any of the provisions of this Ordinance, shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $5.00 nor more than $100.00. Each day such a violation is permitted to exist after notification shall constitute a separate offense. The convicted violator shall be responsible for the payment of courts costs.
Appeals
1. Procedure
2. 1. All appeals on applications for Building Permits shall be based upon a written decision of the Code Enforcement Officer.
  2. Administrative Appeals and variance appeals shall be heard and decided upon by the Board of Appeals in accordance with the provisions of this Ordinance.
  3. Appeals shall lie from the decision of the Planning Board to the Board of Appeals and from the Board of Appeals to the Municipal Officers and from the Municipal Officers to Superior Court according to State Law.
Board of Appeals
1. Establishment
  A Board if Appeals is hereby established in accordance with State Law and the provisions of this Ordinance.
2. Appointment
  A Board if Appeals is hereby established in accordance with State Law and the provisions of this Ordinance.
3. 1. The Board of Appeals shall be elected by the Town and shall consist of three (3) members and one (1) associate member, all of whom shall be legal residents of the municipality, serving terms of at least three (3) years. The Board shall elect annually, a chairman and secretary from its membership. The secretary shall keep the minutes of the proceeding of the Board of Appeals, which shall show the vote of each member upon each question. All minutes of the Board shall be public record. A quorum shall consist of three (3) members.
  2. A Municipal Officer may not serve as a member.
  3. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.
  4. A member if the Board may be dismissed for cause by the Municipal Officers upon written charges after a public hearing.
4. Powers and Duties
  1. Administrative Appeals: to hear and decide where it is alleged there is an error in any order, requirement, decision, or determination by the Code Enforcement Officer in the enforcement of this Ordinance. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals by concurring vote of at least tow (2) members of the Board.
  2. Variance Appeals: to hear and decide, upon appeal, in specific cases where a relaxation of the terms of this Ordinance would not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary of undue hardship. A financial hardship shall not constitute grounds for granting a variance. The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.
5. Appeal Procedure
  1. In all cases, a person aggrieved by a decision of the Code Enforcement Officer and the Planning Board shall commence his appeal within thirty (30) days after a decision is made by the Code Enforcement Officer and the Planning Board. The appeal shall be filed with the Board of Appeals on forms approved by the Board, and the aggrieved person shall specifically set forth on the form the grounds for the appeal.
  2. Following the action of an appeal, and before taking any action on any appeal, the Board of Appeals shall hold a public hearing on the appeal within ten (10) days. The Board of Appeals shall notify the Code Enforcement Officer and the Planning Board of such meeting.
  3. In appeals involving the use of buildings on premises, the Board of Appeals shall notify, by certified mail, the appellant and the owners of all abutting property at least five (5) days in advance of the hearing, of the nature of the appeal and of the time and place of the public hearing.
  4. The owners of property shall be considered to be those against whom taxes are assessed. Failure of any property owner to receive a notice of a public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.
  5. At any hearing, a party may be represented by an agent or attorney. Hearings shall not be continued to other times except for good cause.
  6. The Code Enforcement Officer, or his designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs, or other material he deems appropriate for an understanding of the appeal.
  7. The appellant’s case will be heard first. To maintain orderly procedure, each side will proceed without interruption. Questions may be asked through the chair. All persons at the hearing shall abide by the order of the Chairman.
  8. Within ten (10) days of the public hearing, the Board of Appeals shall reach a decision on an appeal and shall inform, in writing, the appellant, the Code Enforcement Officer, the Planning Board and the Municipal Officers of its decisions and their reasons therefore.
  9. Upon notification of the granting of an appeal by the Board of Appeals, the Code Enforcement Officer shall immediately issue a Building Permit in accordance with the conditions of the approval.
  10. Variance under the provisions of this Ordinance secured by vote of the Board of Appeals shall expire if the work or change involved is not commenced within one (1) year of the date on which the appeal is granted, and if the work or change is not substantially completed within two (2) years.

APPENDIX B

	Sq Ft
Type of Building	25-124	125-800	801 – 1200	over 1200
Garage/Accessory	$ 10.00	$ 15.00	$ 20.00	$ 25.00
Residence (without Full foundation)	$ 25.00	$ 30.00	$ 50.00	$ 75.00
Residence (with full Foundation)	$ 50.00	$ 75.00	$ 100.00	$ 125.00
Commercial Building (Not For occupancy)	$ 25.00	$ 75.00	$ 125.00	$ 200.00
Mobile Home	$ 25.00	$ 50.00	$ 75.00	$ 100.00
Additions to Existing Structure	$ 20.00	$ 40.00	$ 60.00	$ 100.00
Construction or Replacement of porch or deck	$ 10.00	$ 15.00	$ 20.00	$ 25.00
Replacement of accessory/garage	$ 10.00	$ 15.00	$ 20.00	$ 25.00

Renewal of original app – same fee as original charge for new application according to type
Change of Use Permit	$ 25.00	$ 25.00	$ 25.00	$ 25.00

Temporary Dock
Under 30 ft in length	$ 5.00
Over 30 ft in length - per 30 foot section or part thereof	$ 10.00