Building Permit Ordinance [Adopted 01-08-08]
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ARTICLE III.
BUILDING PERMIT ORDINANCE
Section 1-301. Scope
The provisions of this Article shall apply to any new construction, alterations, additions, relocation, demolition or replacement of any building or part thereof.
Section 1-302. Permit
A permit shall be required before beginning the construction, alteration, relocation, demolition or replacement of any building or part thereof. A permit covering such proposed work shall be obtained from the Building Inspector.
The following activities are exempt from requiring a building permit, if the property is in compliance with all of the Town of Bowdoinham’s Ordinances, as well as all of the State of Maine’s Statutes, Rules, and Regulations:
i. The construction, alteration, addition, relocation, demolition, or replacement of a shed or residential accessory structure that has a total area of 150 sq ft or less.
i. The maintenance, repair, alterations, or replacement of a portion of a building that does not involve any change in the building’s internal layout or external footprint, which includes any deck area.
A. Application
The application for a building permit shall be submitted in writing to the Building Inspector.
B. Permit Approval
The Building Inspector, after proper examination of the application, shall either issue the requested permit or transmit notice of refusal within thirty (30) days. Notice of refusal shall be in writing and shall state reasons thereof.
An application for a building permit shall not be approved if the property or the proposed construction, alterations, additions, relocation, demolition or replacement is not in compliance with all of the State of Maine’s Statutes, Rules, and Regulations, as well as all of the Town of Bowdoinham’s Ordinances, with the exception of this Building Permit Ordinance. These Ordinances and Statutes include, but are not limited to:
The Town of Bowdoinham’s Land Use Regulation & Shoreland Zoning
The Town of Bowdoinham’s Shoreland Zoning Ordinance
The Town of Bowdoinham’s Site Plan Review Ordinance
The Town of Bowdoinham’s Subdivision Ordinance
The Town of Bowdoinham’s Flood Hazard Development Ordinance
The State of Maine’s Natural Resources Protection Act
The State of Maine’s Junkyards & Automobile Graveyards Statute
C. Life of Permit
All building permits shall be void unless work thereunder is commenced within one (1) year of the date of issuance.
D. 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.
E. Fee
The fee for a building permit will be in accordance with the following chart:
Type of Structure
Additions to single family dwellings and structures accessory thereto: 5¢ per sq. foot
1 or 2 family dwelling (not including basement) under 2000 sq. feet 15¢ per sq. foot
1 or 2 family dwelling (not including basement) 2000 sq. feet and over 20¢ per sq. foot
Residential Garages, Barns, storage sheds 5¢ per sq. foot
Commercial structures
multiple family dwellings, apartments
and additions to these structures 20¢ per sq. foot
Any work not fitting into the above categories $20
Minimum permit fee $20
New Buildings and additions are measured on the exterior.
Interior work is calculated by measuring the affected area in the building.
Section 1-303. Certificate of Occupancy
A certificate of occupancy shall be required and obtained from the Code Enforcement Officer/Building Inspector prior to the occupancy or use of any building, structure or any portion thereof which has been erected, structurally altered or changed in its use or structure, or with regard to the creation of a new use or change in use of any parcel of land or portion thereof currently existing or hereinafter created. The requirement for a Certificate of Occupancy may be waived by the CEO/BI for storage sheds.
Occupancy without the required certificate shall be deemed to be a violation of this Code and subject to enforcement action as provided in Section 1-304 of this Ordinance.
Section 1-304. Violations and Penalty
A. Civil Violation
Any violation of this Ordinance shall be deemed to be a civil violation.
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. A copy of such notice shall be maintained as a permanent record.
C. Legal Actions
When the above action does not result in the correction or abatement of the violation, the Municipal Officers, or the Codes Enforcement Officer, if certified and authorized by the Municipal Officers, are hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of the Town of Bowdoinham.
D. Fines
Any person, persons, firm or corporation who begins construction, alteration, relocation, or replacement of any building or part thereof in accordance with this Article, prior to acquiring a building permit from the Building Inspector shall be guilty of violating this Article, and shall be subject to a fine of $100 per day, to a maximum of $2,500. It shall be the duty of the Board of Selectmen to enforce this provision of the Ordinance, and they will have the authority to levy any fines for violations of this Article.
The Board of Appeals may, upon written request of an aggrieved party and after public notice, hear appeals from determinations of the Building Inspector in the administration of this Article. Such hearings shall be held in accordance with State Law. An appeal may be taken after any decision is rendered by the Board of Appeals, by any party to Superior Court in accordance with State Law.
Section 1-304. Conflicts with Other Ordinances
Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.
Section 1-305. Effective Date and Repeal Provision
On the date of adoption, this Ordinance becomes effective and repeals and replaces both the “Article III: Construction of Permanent Dwellings” as adopted March 3, 1969 and amended June 19, 2002, and the “Article III: Town of Bowdoinham Building Permit Ordinance” as amended May 10, 1995.
Adoption at the Special Town Meeting, January 8, 2008.
“Attest: A true copy of an ordinance entitled Building Permit Ordinance, as certified to me by the municipal officers of the Town of Bowdoinham, Maine, and adopted by the special town meeting on the 8th day of January, 2008.”
_____________________________
Pamela C. Ross, Bowdoinham Town Clerk
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