Building Permit Ordinance

                                                                                   Town of Whiting                       

 Enacted: March 18, 1991; Amended March 25, 2002 and March 27, 2006

 

  1. AUTHORITY

 

This Ordinance was created according to the powers given to a municipality by Title 30 MRSA, Section 2151 (4), and Title 30 MRSA, Section 1917.

 

  1. PURPOSE

 

To provide for the health, safety and welfare of the public through the regulation of construction, relocation, replacement, and alteration of buildings.

 

  1. SCOPE

 

The provisions of this Ordinance shall apply to new construction, conversion, additions, relocations and replacement of significant segment thereof, including all trailers, manufactured homes and/or recreational vehicles when connected to any utility and/or used as a residence for a period of more than 30 days. This Ordinance does not require that a permit be obtained for the construction or placement of a doghouse, children’s playhouse, tool shed or similar small building not more than one story high and not more than 100 square feet in size, providing such structures shall meet all other requirements of this Ordinance.

 

  1. ADMINISTRATION

 

4.1  Enforcement:

This Ordinance shall be enforced by the Code Enforcement Officer as directed by the Planning Board and by

Municipal Officers.

 

4.2  Administrator:

The Ordinance shall be administered by the Planning Board, who shall be appointed by the Municipal Officers.

 

4.2.1 Inspection:

The Code Enforcement Officer shall inspect any building being constructed, added to, altered, replaced or

relocated for the purpose of enforcing the provisions of this Ordinance and all other local and State laws

governing the construction or replacement of buildings.

 

4.2.2 Right of Entry:

The Code Enforcement Officer and Planning Board Members, in the performance of their duties, may enter

The building(s) for which the permit was issued during the process of construction for the purpose of making

all inspections as required by this Ordinance. Application for a permit shall constitute the granting of

permission by the owner or the owner’s agent for the Code Enforcement Officer and Planning Board

Members to enter the premises for the purpose of making inspections at reasonable hours.

 

  1. PERMIT

 

It shall be unlawful to start any work for the purpose of construction, enlargement, moving or removing any building in the Town of Whiting unless and until a Building Permit has been issued by the Planning Board to the owner. Furthermore, it shall be unlawful for any person to inhabit or use any building erected, enlarged or brought into the Town of Whiting unless a valid Building Permit shall have been issued by the Whiting Planning Board for such building.

 

 

 

5.1 Building:

For the purposes of this Ordinance, “building” includes anything built for the support, shelter or enclosure of

persons, animals, goods or property of any kind, and additions attached to any existing building which shall

increase the value thereof for taxation purposes.

 

5.2 Land Use:

Conversion of seasonal dwelling to year round require notification to the Town Office for soil analysis

and septic system inspection before permit will be issued.

 

5.3Application:

Application shall be in writing in such form as approved by the Municipal Officers and available at

the Town Office. Additional information may be required by the Planning Board or Code Enforcement Officer in

accordance with State and local ordinances and laws. An application will not be accepted for consideration until

all necessary information required by the Planning Board and/or Code Enforcement Officer is provided. Notice

of such determination and information required shall be made in writing. The applicant shall have 30 days from

date of the Planning Board meeting where such decision was made to provide all additional information required.

 

5.4 Approval or Denial:

Once an application is accepted for consideration, the Planning Board shall render a decision in writing within 30

days. Any denial will state the reasons for denial.

 

 

5.5 Life of Permit:

Construction shall begin within one year of the date of the permit approval. Thereafter, the permit is void. The

building permit shall be displayed on the premises clearly visible to the Code Enforcement Officer.

 

 

  1. FEES

 

An application fee shall accompany each application and a building permit fee shall be paid before a building

permit is issued. The fee schedule shall be set by the Planning Board, subject to the approval of the Board of

Selectmen. All fees collected will be used to pay the Planning and Appeals Boards’ expenses.

 

 

  1. IMPACT STATEMENT

 

The applicant shall prove that the proposal is in compliance with the impact standards of this Ordinance, which

shall be the minimum requirements for approval of the permit.

 

7.1 Pollution:

  1. The pollution will not result in undue water pollution.

 

  1. The proposal will not result in undue air pollution.

 

  1. The proposal will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water

 

  1. The proposal will not result in undue noise pollution. If it is likely that the proposal will result in noise in

excess of that which is normal for the area, it shall be designed and landscaped to minimize noise interference

with neighboring uses. Excessive noise at unreasonable hours shall be required to be muffled so as not to be

objectionable beyond the property lines due to intermittence, beat, frequency, shrillness or volume. The

following uses and activities shall be exempt from the noise level regulations:

 

 

 

  1. noises created by construction and temporary maintenance activities between 6:30 a.m. and 8:00 p.m.

 

  1. the noises of safety signals, warning devices, and emergency activity,

 

  1. traffic noise on public roads or railroads,

 

  1. uses existing before enactment of this ordinance.

 

7.2 Exterior lighting:

There will be no flashing lights or strong light shining beyond the lot lines onto neighboring properties, or onto

any town way so as to impair the vision of the driver of any vehicle upon that town way.

 

7.3 Setback and height:

No building shall be allowed within 10 feet of any property line or within 25 feet of any public way, nor shall any

building exceed 30 feet in height from the existing grade. Planning Boards have the authority to waive the 25’

setback requirement(beyond State right-of-way) in case of hardship.

 

7.4 Shoreland Zoning:

Whenever situated in whole or in part within 250 feet of any pond, lake, river or tidal waters will not adversely

affect the quality of such body of water and be fully subject to all application requirements and review

procedures for the Shoreland Zoning Ordinance.

 

  1. AMENDMENTS

This Ordinance or any part thereof may be amended by a majority of legal voters present and voting at a town Meeting. Any proposed amendment shall be presented for adoption at a Town Meeting only upon petition by no less than five percent (5%) of the legal voters of the Town of Whiting, except that the Selectmen may propose amendment without a petition. Any amendment proposed by the selectmen may be viewed by the Planning Board prior to submission to a Town Meeting for a vote.

 

 

Selectmen:

 

/s/ Steven C. Pressley I

/s/ Mary-Alice Look

/s/ Janice Bronson

 

 

/s/ Caron Kilton, Town Clerk                                    04/10/2006

 

 

 

 

 

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