TOWN OF MEXICO BUILDING CODE ORDINANCE
Revised 3/31/94
Section 1. Purpose
The purposes of this Code are to promote safety, health and public welfare through establishing minimum standards for the construction, alteration, relocation, placement and replacement of structures, and to establish minimum lot standards.
Section 2. Authority
This code is adopted pursuant to the enabling provisions of Article VII-A of the Maine Constitution, the provisions of Title 30-A M.R.S.A. Section 3001 (Home Rule) and Title 30-A M.R.S.A., Section 3007.
Section 3. Applicability
A. The provisions of this Code shall apply to new construction, additions, alterations, relocation, placement, replacement and demolition of structures. The provisions shall also apply to conversation of single-family structures to multi-family structures, the conversion of seasonal dwellings to year-round dwellings and the conversation of residential structures to commercial structures.
B. The provisions of this Code shall not apply to structures constructed prior to the date of its enactment, except that relocation, replacement, alteration, additions and conversions identified in Section 3.A, shall comply with the provisions of this Code.
C. The provisions of this Code shall not apply to structures which will have 150 square feet or less of ground floor area.
D. Nonconformance
1. Any lawful use of structures, premises, land or parts thereof existing at the effective date of this ordinance or amendments thereto, and not in conformance with the provisions of this ordinance, shall be considered to be a nonconforming structure.
2. Any nonconforming structure may continue and be maintained, repaired, and improved. Repairs and improvements shall comply with the applicable provisions of Section 5.
Section 4. Administration
A. Code Enforcement Officer
This Ordinance shall be administered by a Code Enforcement Officer who shall be appointed or reappointed annually by the Municipal Officers. The Code Enforcement Officer shall inspect all buildings being constructed, placed, altered, replaced, relocated, or converted for the purpose of enforcing the provisions of this Code. The Code Enforcement Officer, in the performance of his duties, shall have the right to enter any property at reasonable hours or enter any building with the consent of the owner, occupant or agent to inspect the property or building for compliance with this Code.
B. Building Permits
A building permit shall be obtained prior to the construction, alterations, relocation, placement, replacement, conversion or demolition of any structure or part thereof. The owner or the owners' authorized agent shall obtain from the Town of Mexico an application for a Building Permit covering such proposed work.
C. Application for Permits
The application for a building or demolition permit shall be in writing and shall be submitted on forms provided by the Town of Mexico, and shall contain a description of the proposed new structure, alteration, relocation, replacement, placement, or conversion. The completed application shall be submitted to the Planning Board.
D. Permit Approval or Denial
Approval, approval with conditions, or denial of the completed application shall be made by a majority of the Planning Board within 35 days of submissions of a completed application. A soil test, site evaluation, and Plumbing Permit are prerequisite to issuance of a Building Permit where plumbing or subsurface wastewater disposal is indicated. The approval or denial of application shall be signed by the Chairman of the Planning Board. Notice of denial and conditional approvals shall be in writing stating the reasons. The approved application will be returned to the Code Enforcement Officer at the time of Planning Board approval who will issue the Building Permit.
E. Term of Permit
All construction shall have substantial commencement within six months of date of issue of Building Permit and be completed within three years or a new permit must be obtained in the same manner as identified in Sections 4. C and D above. Demolitions must be completed within a six-month period from date of issue and include the removal of all debris.
F. Display of Permit
Permits shall be on display in a prominent place at the site of construction or demolition, be clearly visible and shall not be removed until all work covered by the permit is completed and approved.
G. Revisions
No changes or revisions to the approved application shall be made in the process of constructing, reconstructing, altering, replacing, placing, relocating or converting a structure without approval of the Planning Board if the provisions of this Code shall apply.
H. Fees
1. An application for a permit required by this Code shall be accompanied by a an application fee of $10.00 payable to the Town of Mexico. No application shall be considered complete until such fee is received. The application fee is non-refundable.
2. Prior to the Code Enforcement Officer issuing a permit required by this Code, a Permit Fee payable to the Town of Mexico based upon the following fee schedule shall be paid. The Selectmen shall have the authority to revise the fee schedule after conducting a public hearing on the proposed fee schedule.
New construction, placement,relocation, replacement, addition and
conversations:
500 square feet or less . . . . . . . . . $ 25.00
501 to 999 square feet. . . . . . . . . . 40.00
1000 to 1999 square feet. . . . . . . . .$.05/sq. ft. of bottom floor area
greater than 2000 sq. feet. . . . . . . . . 20.00 plus $ .05/sq. ft. of bottom
floor area NOTE: square footage is determined by the area of the bottom floor
Alterations: $10.00 plus $1.00 per $1,000 of total construction cost
Demolitions: $25.00
Revisions: $10.00
Renewal Permit: An amount equal to the original application fee and permit fee I. Inspections
The Code Enforcement Officer shall inspect all buildings being constructed, altered, replaced or relocated for the purpose of enforcing the provisions of this code and all other local and state laws governing the construction, alteration or replacement of buildings. It shall be the responsibility of the builder to notify the Code Enforcement Officer one working day prior to the time a building is ready for inspection, and the Code Enforcement Officer shall inspect it within one working day of notification, or it shall be considered inspected.
Section 5. Standards
Inspections shall be conducted to ensure compliance with the following standards.
A. Lot Size
1. Lot size standards set forth in the Shoreland Zoning Ordinance, Mexico, Maine, shall govern those areas regulated by that Ordinance.
2. For those areas served by public water and sewer, the following dimensional requirements shall be met for new construction and placement of principal structures:
Minimum Lot Area . . . . . . . . . . . . . . . . . . . .20,000 sq. ft.
Minimum Road Frontage. . . . . . . . . . . . . . . . . . 100 feet
Minimum Front Setback. . . . . . . . . . . . . . . . . . 50 feet (measured from
the center line of the road) Minimum Side and Rear Setback. . . . . . . . . . .
. . . 15 feet
3. For those areas not served by public sewer and water, the following dimensional requirements shall be met for new construction and placement of principal structures:
Minimum Lot Area . . . . . . . . . . . . . . . . . . . .40,000 sq. ft.
Minimum Road Frontage. . . . . . . . . . . . . . . . . . 200 feet
Minimum Front Setback. . . . . . . . . . . . . . . . . . 80 feet (measured from
the center line of the road) Minimum Side and Rear Setback. . . . . . . . . . .
. . . 25 feet
4. Lots in Mobile Home Parks
Lots in mobile parks shall comply with the provisions of Title 30-A M.R.S.A. Section 4358 (3)(a).
5. Nonconforming Lots
a. Nonconforming Lots: A nonconforming lot of record as of the effective date of this Ordinance or amendment thereto may be built upon without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Ordinance except lot size and frontage can be met. Variances relating to setback or other requirements not involving in lot size or frontage shall be obtained by action of the Board of Appeals.
b. Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time or since the adoption or amendment of this Ordinance, if any of these lots do not individually meet the dimensional requirements of this Code, they may be built upon, conveyed separately, or conveyed together, provided they are served by public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Sewage Disposal Rules.
B. Multi-Family Structures
1. Lot size standards set forth in the Shoreland Zoning Ordinance, Mexico, Maine shall govern those areas regulated by that Ordinance.
2. For those areas served by public water and sewer, the following requirements in addition to the requirements contained in Section 5. A. (c)(2) shall be met for new and converted multi-family structures.
a. Lots for multi-family structures shall have 10,000 square feet of land area for each dwelling unit above two (2) in addition to the minimum lot size requirements.
b. For each dwelling unit above two (2), there shall be an additional twenty-five (25) feet of road frontage.
3. For those areas not served by public sewer and water, the following requirements in addition to the requirements contained in Section 5. A. (3) shall be met for new or converted multi-family structures.
a. Lots for multi-family structures shall have 20,000 square feet of land area for each dwelling unit above two (2) in additional to the minimum lot size requirements.
b. For each dwelling unit above two (2), there shall be an additional fifty (50) feet or road frontage in addition to minimum requirements.
c. Side and rear setbacks shall be a minimum of fifty (50) feet.
C. Accessory Structures
Accessory structures shall have a minimum setback of fifty (50) feet from the center line of a road and ten (10) feet from the side and rear lot lines.
D. Structure Height
No structure or portion thereof intended for human habitation shall exceed three stories.
E. Driveways
Each residential structure shall have a driveway not less than ten (10) feet in width and extend at least ten (10) feet beyond the road right-of-way width. Driveways shall be inspected by the Road Commissioner prior to installation to determine if a culvert shall be necessary.
F. Off-Street Parking
For each dwelling unit there shall be provided two (2) off-street parking spaces. Such spaces shall be a minimum of 9x18 feet and shall be located beyond the road right-of-way. The off-street parking spaces may be provided by driveways, garage space, parking lot space or any continuation thereof.
G. Conversion of Seasonal Dwellings
The conversion of a seasonal dwelling to a year-round dwelling shall comply with the provisions of this Code for alterations and the provisions of the State of Maine Subsurface and Wastewater Disposal Rules.
H. Foundations
1. Except when erected on solid rock or equivalent, all principal structures shall be set on a concrete foundation wall or concrete posts to be carried five (5) feet below the finish grade and reinforced to prevent separation, or upon a reinforced concrete slab a minimum of four (4) inches thick. Reinforcing rods are to be no less than 3/8 inch in diameter and placed no more than two (2) feet apart lengthwise or more than two (2) feet apart crosswise. The slab is to be on a base of 24 inch well-drained coarse gravel. Foundations constructed of pressure-treated plywood walls or supporting posts may be used so long as the same are placed on a concrete footing to support the building and allow proper drainage, and as long as proper back filling is observed.
a. Foundation and Framing
Foundation inspection shall commonly be made after poles or piers are set or trenches or basement areas are excavated and forms erected and any required reinforcing steel in place, and prior to the placing of concrete.
b. Framing inspections shall be conducted before the plumbing, wiring and chimney are closed in.
I. Wall Floor and Roof Construction
The floor, wall and roof construction shall be capable of accommodating all loads imposed and transmitting the resulting loads to its supporting structural elements in accordance with accepted construction practices and recognized codes. Roof snow load shall equal or exceed forty-five (45) pounds per square foot.
J. Chimneys
All chimneys shall be constructed of masonry with ceramic or tile lining or an Underwriters Laboratories (UL) approved, prefabricated chimney. Smoke pipes (stove pipes) shall not pass through floor or ceiling, and shall not pass through a combustible wall or partition.
K. Electrical
All buildings that are to be wired shall have adequate and safe electrical service, and all new installations of electrical equipment shall be reasonably safe to persons and property. Conformance with National Electric Code standards shall be prima facie evidence of compliance. All electrical installation entrances shall be installed or approved by a licensed electrician, and shall be in accordance with 30-A M.R.S.A. Sections 4161-4162 and as may be amended.
L. Insulation
Insulation for new residential buildings or dwelling units contained in a multi-family structure shall comply with the standards contained in Title 10 M.R.S.A. Section 1415, and as may be amended.
M. Plumbing
All plumbing shall be inspected by the Licensed Plumbing Inspector and receive his/her approval of conformance with the State of Maine Internal Plumbing Rules and Subsurface Disposal Rules and other applicable state laws.
N. Fire Safety
New construction, alterations, additions and conversions shall comply with the most recent addition of the Life Safety Code, National Fire Protection Association 101. This section shall be enforced by the Code Enforcement Officer and the Town of Mexico Fire Chief.
O. Manufactured Home
Manufactured homes intended for year-round dwelling units sited in the Town of Mexico after the effective day of this Code shall comply with the provisions of Title 30-A M.R.S.A. Section 4358 (2)(d)and (e).
Section 6. Appeals
A. Powers and Duties of the Board of Appeals
Appeals shall be to the Mexico Board of Appeals according to the procedures of the Town of Mexico Board of Appeals Ordinance. To the extent that the following provisions are inconsistent with that Ordinance, the following provisions of this Code shall control. The Board of Appeals shall have the following powers:
1. Administrative Appeals
To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by, or failure to act by the Code Enforcement Officer, Fire Chief or Planning Board in the enforcement or administration of this Code.
2. Variance Appeals
To authorize variances upon appeal within the limitations set forth in this Code.
B. Variance Appeals. Variances may be permitted only under the following conditions:
1. Variances may be granted from dimensional requirements including, but not limited to, lot width, structure height, percent of lot coverage, and setback requirements and the standards in Section 5.
2. The Board shall not grant a variance unless it find that...
a. ...the proposed structure or use would meet the provisions of Section 5 except for the specific provision which has created the non-conformity and from which relief is sought; and
b. ...the strict application of the terms of this ordinance would result in undue hardship.
The term "undue hardship" shall mean...
i. ...the land in question cannot yield a reasonable return;
ii. the need for a variance is due to unique circumstances of the property and not to general neighborhood conditions;
iii. the granting of a variance will not alter the essential character of the locality; and
iv. the hardship is not the result of action taken by the applicant or a prior owner.
3. The Board of Appeals may grant a variance to a property owners for the purpose of making that property accessible to a person with a disability who is living on the property. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from property by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property.
The Term "structures necessary for access to or egress from the property" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
4. The Board of Appeals shall limit any variances as strictly as possible in order to ensure conformance with the purposes and provisions of this Code to the greatest extent possible, and in doing so, may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
C. Appeal Procedure
1. Making an Appeal
a. An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board. Such an appeal shall be filed within thirty (30) days of the decision prompting the appeal.
b. Such appeal shall be made by filing with the Board of Appeals a written notice of appeal which includes...
i. ...a concise written statement indicating what relief is requested and why it should be granted;
ii. a sketch drawing to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought;
iii. a fee of $20.00 payable to the Town of Mexico to cover administrative costs. The applicant shall, in addition, pay the Town of Mexico for all costs of public hearing notices.
c. Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision prompting the appeal.
d. The Board of Appeals shall hold a public hearing on the appeal within thirty-five (35) days of its receipt.
2. Decision of Board of Appeals
a. A majority of the Board shall constitute a quorum for the purpose of deciding an appeal. A member who abstains shall not be counted in determining whether a quorum exists.
b. The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to reverse an order, requirement, decision or determination by the Code Enforcement Officer, Fire Chief or Planning Board, or to decide in favor of the applicant on any matter on which it is required to decide under this Code, or to affect any variation in the application of this Code from its stated terms. The Board may reverse the decision, or failure to act, of the Code Enforcement Officer, Fire Chief or Planning Board only upon a finding that the decision, or failure to act, was clearly contrary to specific provisions of this Code.
c. The person filing the appeal shall bear the burden of proof.
d. The Board shall decide all appeals within thirty (30) days after the close of the public hearing, and shall issue a written decision on all appeals.
e. All decisions shall become a part of the record and shall include a statement of findings and conclusions as well as the reasons or basis therefor, and the appropriate order, relief or denial thereof.
D. Appeal to Superior Court
Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within forty-five (45) days from the date of any decision of the Board of Appeals.
E. Reconsideration
The Board of Appeals may reconsider any decision within thirty (30) days of its prior decision. The Board may conduct additional hearings and receive additional evidence and testimony.
Section 7. Enforcement
A. Violations
Any structure built or placed, or work performed or demolition site in violation of the provisions of this Code shall be considered a nuisance.
B. Penalties
Any person who continues to violate this Code after receiving notification of violation by the Code Enforcement Officer shall have committed a civil violation and shall be subject to a penalty pursuant to Title 30-A M.R.S.A. Section 4452. Each day that such violation exists shall be deemed a separate offense without a written agreement of correction.
C. Notification
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Code. If the Code Enforcement Officer shall find a violation has occurred, 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, building, structures or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. The Code Enforcement Officer shall maintain a record of such notices.
D. Legal Actions
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 and recommendation of the Planning Board, are hereby 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 Code in the name of the municipality. The Municipal Officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Code and recovering fines without Court action.
E. Liability for Violations
Any person, including, but not limited to, a landowner, the landowner's agent or a contractor, who violates any of the laws or ordinances set forth in this ordinance is liable for the penalties set forth as follows: 1. The minimum penalty for starting construction or undertaking a land use activity without a required permit is $100, and the maximum penalty is $2,500.
2. The minimum penalty for a specific violation is $100, and the maximum penalty is $2,500.
3. The violator may be ordered to correct or abate the violations unless the abatement or correction results in:
a. a threat or hazard to public health or safety;
b. substantial environmental damage; or
c. a substantial injustice.
4. If the municipality is the prevailing party, the municipality must be awarded reasonable attorney fees, expert witness fees and costs, unless the court finds that special circumstances make the award of these fees and costs unjust. If the defendant is the prevailing party, the defendant may be awarded reasonable attorney fees, expert witness fees and costs as provided by court rule.
5. In setting a penalty, the court shall consider, but is not limited to, the following:
a. prior violations by the same party;
b. the degree of environmental damage that cannot be abated or corrected; c. the extent to which the violation continued following a municipal order to stop; and
d. the extent to which the municipality contributed to the violation by providing the violator with incorrect information or by failing to take timely action.
e. The maximum penalty may exceed $2,500, but may not exceed $25,000 when it is shown that there has been a previous conviction of the same party within the past two years for a violation of the same law or ordinance.
f. The penalties for violations of waste discharge licenses issued by the municipalities pursuant to Title 38, M.R.S.A., or violations of a septic land disposal or storage site permit issued by the Department of Environmental Protection under Title 38, M.R.S.A.
g. If the economic benefit resulting from the violation exceeds the applicable penalties under this section, the maximum civil penalties may be increased. The maximum civil penalty may not exceed an amount equal to twice the economic benefit resulting from the violation. Economic benefit includes, but is not limited to, the costs avoided or enhanced value accrued at the time of the violation as a result of the violator's noncompliance with the applicable legal requirements.
Section 8. Validity and Severability
Should any section or provision of this ordinance be declared by the courts to be invalid, such decision shall not invalidate the remaining portions of this Ordinance.
Section 9. Amendments
This ordinance may be amended by majority vote of the Town at any Town Meeting, the warrant for which gives notice of the proposed change.
Section 10. Effective Date
The effective date of this Ordinance shall be October 1, 1994, after it is adopted by the vote of the legislative body of the Town of Mexico.
This Ordinance shall in no way impair or remove the necessity of compliance with any other rule, regulation, by-law, permit or provision of law. This Ordinance shall apply to all construction commenced after the effective date of the Ordinance.
The following Ordinances are hereby repealed with the adoption of this Ordinance: Building Code of the Town of Mexico adopted November 4, 1961 and Building Code of the Town of Mexico adopted January 1, 1992.
Section 11. Definitions
Accessory Structure: a structure which is incidental and subordinate to the principal structure
Addition: an increase in the floor area or volume of a structure
Alteration: the change or rearrangement in the structural parts or in the means of egress
Commercial Structure: a structure, other than a "home occupation", the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units
Foundation: the supporting substructure of a building or other structure including, but not limited to, basements, slabs, sills, posts or frost walls
Height of a Structure: the vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas and similar appurtenances which have no floor area
Lot: an area of land in one ownership, or one leasehold, with ascertainable boundaries established by deed or instrument of record, or a segment of land ownership defined by lot boundary lines on a land subdivision plan duly approved by the Planning Board and recorded in the Oxford County Registry of Deeds
Lot Area: the total horizontal area within the lot lines
Manufactured Housing/Mobile Home Unit: structures, transportable in one or two sections, which were constructed in a manufacturing facility and are transported to a building site and designed to be used as dwellings when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein and as otherwise defined in 30-A M.R.S.A. Section 4358(1)
Minimum Lot Width: the closest distance between the side lines of a lot
Multi-Family Dwelling: a residential structure containing three (3) or more residential dwelling units
Non-Conforming Lot: a single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area, frontage or width requirements of the district in which it is located
Non-Conforming Structure: a structure which does not meet any one or more of the following dimensional requirements: setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect
Principal Structure: a building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises
Recreational Vehicle: a vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a pick-up camper, travel trailer, tent trailer, camp trailer and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must be registered with the State Division of Motor Vehicles
Road: public and private ways such as alleys, avenues, highways, roads and other rights-of-way, as well as areas on subdivision plans designated as right-of-way for vehicular access other than driveways, farm roads or logging roads
Seasonal Dwelling/Camps: a dwelling including camps, trailers, mobile homes and recreational vehicles which are not a principal or year-round residence and are occupied less than seven (7) months in any calendar year
Structure: anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind
Substantial Commencement: completion of thirty (30) percent of permitted structure measured as a percentage of estimated total cost.
________________________________________ ___________________ JOSEPH DEROUCHE DATE
________________________________________ ARTHUR BORDEAU
________________________________________ MARC DUPUIS
________________________________________ ROBERT LYONS
________________________________________ LOUISE WATERHOUSE SELECTMEN, TOWN OF MEXICO