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Old 12-30-2007, 01:33 PM
 
2 posts, read 5,320 times
Reputation: 10

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I OWN A SHOP IN NORTHERN MAINE AND ITS BY A SMALL STREAM AND I WOULD LIKE TO ADD ON TO IT ... THE BUILDING IS 25 YEARS OLD AND THE CODE OFFICER SAID BY PUTTING A ROOF ON AND OVER MY OTHER BUILDINGS ... KEEPING THEM ALL UNDER ONE ROOF.. THAT IM ADDING VOLUME AND I CANT DO THAT ...????? SOMETHING LIKE 30% IS THE MAX. ON BUILDING ON ???? BY THIS STREAM ??? HOW DO I FIND OUT WHAT I CAN DO ON THIS DILEMA ?? AND WHAT CAN THEY DO TO ME IF I JUST BUILD IT ANYWAYS ???? MAYBE A FINE ?? THANKS IN ADVANCE
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Old 12-30-2007, 01:45 PM
 
Location: West Michigan
12,084 posts, read 33,129,150 times
Reputation: 16733
Build on against the word of the code enforcement and you will lose the use of the building until it comes into compliance. They can and WILL fine you and it could be a substantial amount. Don't push your luck with the code enforcement people especially after you talk to them, you can and will lose every single time.

Reference: 20 years dealing with the code enforcement people in Northern Maine area.
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Old 12-30-2007, 01:53 PM
 
Location: Forests of Maine
29,719 posts, read 47,472,880 times
Reputation: 17556
Being near a stream is a problem. With current law you simply can not build near a stream, your building was likely built before those laws came into effect so it is grandfathered.

Being only 25 years old the building is not really 'old' at all.

If he is saying that you can only expand your building by a max of 30%, then expand it to 30%, add exactly that much onto one side. And in five years do it again.

You mention it sounds like, combining multiple buildings underneath a single roof, which he is having heartburn with.

One angle I have seen, is to do a big job, in small steps.

Could you possibly enlarge one building's roof by 30%. And then as a separate project enlarge the second building's roof by 30%, until they each meet? They certainly do not have to have a single roof line.

One thing about dealing with a town, their is nobody above the town that you can really go to, if they are reading the codes wrong. But even if the code enforcement officer says that you can do 'X', then you simply need to file for a 'variance'. You may need to go before the town planning commission, and explain to them why you want to do 'X', how you plan to do 'X', and how it will effect the town. They vote on it, and then you can do it.

None of the codes are completely carved in stone, you can always file for a variance, and if the town planning commission agrees with your reasoning, then they can give you a variance and your good.
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Old 12-30-2007, 02:36 PM
 
2,351 posts, read 5,346,320 times
Reputation: 3843
All zoning codes regarding shore land zoning or resource protection are determined by the state and not the municipality you reside in.
The 30% rule is used when the "addition" you propose, is within these areas.
Usually the 30% can be an upper story or adding away from the body of water.
From the sound of your post, it seems as though some of your outbuildings do not have roofs. By adding a roof, you are increasing the square footage and this will be used to calculate the 30% rule.

Under no circumstances would I proceed without the proper permits from the CEO. In resource protection or shore land zoning they WILL make you take it down.
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Old 12-30-2007, 03:37 PM
 
Location: maine/alabama
169 posts, read 478,250 times
Reputation: 161
don't take this as the gospel, but my experience here on the coast regarding additions to non conforming structures (due to setbacks) is that you can have a ONE TIME 30% expansion by VOLUME.

the ONE TIME thing speaks for itself. not every five years, ONE TIME.

by VOLUME i mean you measure the number of CUBIC feet enclosed by the roof and walls (including non living space in an attic space, for instance) and then you figure up what 30% of that is in cubic feet, and then you can have that many cubic feet added to your structure, usually away from and not towards the stream or wetland that makes it a nonconforming structure to begin with.

hope this is helpful and please check its accuracy with your local CEO.
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Old 12-30-2007, 04:37 PM
 
Location: Waldo County
1,220 posts, read 3,442,813 times
Reputation: 1393
The real authority here in addition to the Code Enforcement Officer, is the Maine Department of Environmental Protection. There will be NO variance issued by the Planning Board or Board of Appeals that doesn't conform to the shoreland zoning regulations enforced by Maine DEP.
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Old 12-31-2007, 06:01 AM
 
Location: God's Country, Maine
2,052 posts, read 3,973,212 times
Reputation: 1295
Does anyone know the exact terminology regarding stream front?
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Old 12-31-2007, 06:52 AM
 
Location: Waldo County
1,220 posts, read 3,442,813 times
Reputation: 1393
This can be called either the Resource Protection Zone, or Shoreland Zone.
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Old 12-31-2007, 07:36 AM
 
Location: Penobscot Bay, the best place in Maine!
1,891 posts, read 5,146,121 times
Reputation: 2627
And as far as I know, most towns won't just charge you a little fine- usually, it's a daily recurring fine that doesn't stop until the building comes into compliance.
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Old 12-31-2007, 07:38 AM
 
2 posts, read 5,320 times
Reputation: 10
Thanks To All Of You
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