SECTION I. Purpose
To protect the health, safety and general welfare of the residents of the Town of Canton by establishing minimum standards for new or expansions to existing structures.
SECTION II. Authority and Administration
A. This Ordinance is adopted and hereafter amended pursuant and consistent with Article VIII-A of the State of Maine Constitution, Title 30 MRSA Section 1917, "ordinance Power Limited" (Home Rule).
B. The Planning Board shall administer and the Code Enforcement Officer shall enforce this Ordinance.
C. No person shall construct a structure or expand an existing structure without first obtaining a permit from the Planning Board.
SECTION III. Applicability
A. This Ordinance shall apply to all proposals for new, or expansions to, structures.
B. Structures may continue, be repaired, maintained or improved but any expansions or extensions to must be in conformity with the provisions of this Ordinance.
C. A structure which is destroyed unintentionally which does not conform to the provisions of this Ordinance may be rebuilt provided that it is not made more non-conforming and rebuilding is commenced within one year after the destruction.
SECTION IV. Minimum Lot Size and Lot Coverage Specifications
A. For all new structures not served by Municipal water and/or sewer, a minimum of 40,000 square feet shall be required with a minimum frontage of 200 feet and a 30 foot set back from the right-of-way limits of a public road or traveled way, and the structure must be at least 25 feet from the abutting property line(s).
B. For all structures served by municipal water and/or sewer a minimum of 30,000 square feet shall be required, with a minimum frontage of 125 feet and a 30 foot setback from the right-of-way limits of a public road or traveled way, and the structure must be at least 25 feet from the abutting property line(s).
C. No more than one dwelling may be established on a single lot unless all dimensional requirements are met for each separate use.
SECTION V. Application Procedure
A. Applications for permits shall be submitted in writing to the Planning Board on forms provided by the Planning Board. The Planning Board may require the submission of whatever information is necessary to determine conformance with the provisions of this Ordinance.
B. Procedure for Administering Permits Within 30 days of the date of receiving a written application, the Planning Board shall notify the applicant in writing that the application is a completed application,or if the application is incomplete, the specific information needed to make a complete application. All permits shall either be approved or denied in writing within 30 days of receiving a completed application, including all information requested. Permits shall not be denied if the proposed use is found to be in conformance with the provisions of this Ordinance. Permits may be made subject to reasonable conditions to insure conformity with the provisions of this Ordinance. If a permit is denied, the reasons for denial shall be stated in writing. An appeal to the Board of Appeals for approval or denial shall be made within 30 days of the approval or denial.
C. The application fee shall be set annually by the Board of Selectmen.
SECTION VI. Guidelines
No additions shall be made which have a larger square footage than the size of the original structure.
SECTION VII. Validity and Separability and Conflict With Other Ordinances
A. Validity and Separability: Should any section or provision of this Ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision of this Ordinance.
B. Conflict With Other Ordinances: Whenever the requirements of this Ordinance are inconsistent with the requirements of any other Ordinance, code or statute, the more restrictive shall apply.
SECTION VIII. Enforcement
The Code Enforcement Officer may seek to enjoin anyone from occupying in a manner contrary to the provisions of this Ordinance.
SECTION IX. Appeals
A. Any aggrieved person or party may appeal the provisions of this Ordinance to the Board of Appeals of the Town of Canton.
B. The Board of Appeals for the Town of Canton shall function in accordance with Title 30 MRSA Sections 2411 and 4963.
C. Powers and Duties of The Board of Appeals:
1. Administrative Appeals: To consider alleged error(s) in the procedures by the Planning Board or Code Enforcement Officer in the administration or enforcement of this Ordinance.
2. Variance Appeals: To consider if, in specific cases, a relaxation of the terms of this Ordinance would be contrary to the public interest and intent of this Ordinance or if, owing to the unique conditions of the property and not to the result of the of the applicant, literal enforcement would cause undue hardship.
a. The crucial points of variance are undue hardship and unique circumstances applying to the property. Both of these must be present to grant a variance.
b. A variance is only authorized for area and dimensional requirements of this Ordinance.
D. Filing Procedures: In all cases, a person aggrieved by a decision of the Planning Board/ Code Enforcement Officer shall commence his appeal within 30 days after a decision is made by the Planning Board/ Code Enforcement Officer. The appeal shall be filed with the Board Of Appeals on forms approved by the Board of Appeals. The aggrieved person shall specifically set forth on the form the grounds for appeal.
E. Hearing: Following the filing of an appeal and before taking action on any appeal, the Board of Appeals shall hold a public hearing on the appeal within 30 days. The Board of Appeals shall notify the Planning Board, The Code Enforcement Officer and The Board of Selectmen, at least 20 days in advance, of the date, place and the time of the hearing and shall publish in a newspaper of general circulation in the area a notice of the hearing at least 10 days in advance.
SECTION X. Amendments
This Ordinance may be amended by the majority vote of the Town Meeting. Amendment may be initiated by the majority vote of the Planning Board, by request of the Selectmen of the Town of Canton or by petition of 10% of the votes cast in the last gubernatorial election in the Town. The Planning Board shall conduct a public hearing on any proposed amendment.
SECTION XI. Definitions
Dwelling: is any structure that is inhabited.
Structure: Anything over 100 square foot floor area built for the shelter or enclosure of persons, animals, goods or property of any kind.
SECTION XII.
The enforcement and penalty provisions of Title 30 MRSA s4966 are hereby made applicable to every existing Land Use Ordinance of the Municipality of Canton, Maine, as said Ordinances are enumerated of otherwise incorporated by reference in said Statute, and the enforcement of penalty provisions of said Ordinances which are inconsistent with said 30 MRSA s4966 are hereby repealed. The enforcement and penalty provisions of every other Ordinance of the Municipality of Canton, Maine, not subject to said Title 30 MRSA s4966, are hereby amended by declaring that the violation of any said Ordinance is a Class E Crime subject to the penalty provisions of 17-a MRSA ss1252-1330.