This chapter shall be known as the "Residential Growth Ordinance
of the Town of Shapleigh, Maine" and will be referred to herein as
the chapter."
[Amended 3-11-2023 ATM by Art. 4]
This chapter is adopted pursuant to Home Rule Powers as provided
for in Article VIII-A of the Maine Constitution, Title 30-A, M.R.S.A.
§ 2101 et seq., and Title 30-A, M.R.S.A. § 4360.
As used in this chapter, the following terms shall have the
meanings indicated:
DWELLING UNIT
A room or group of rooms designed and equipped exclusively
for use as living quarters for only one family, including provisions
for living, sleeping, cooking and eating. The term shall include manufactured
dwelling units but shall not include trailers or recreational vehicles.
FAMILY
One or more persons occupying a premise and living as a single
housekeeping unit, as distinguished from a group occupying a boarding
house, lodging house or hotel. Such unit shall not exceed five persons
not related by blood or marriage.
GROWTH PERMIT
A permit to create a new dwelling, issued by the Shapleigh
Planning Board after ascertaining that the proposed dwelling would
meet all of the relevant requirements of this chapter.
MANUFACTURED HOUSING UNIT
Structures, transportable in one or two sections, which are
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.
[Added 3-11-2023 ATM by Art. 4]
Accessory dwelling units are exempt from the growth permit requirement,
per Title 30-A, M.R.S.A. § 4364-B, "Accessory Dwelling Units."
All new dwelling units within the Town of Shapleigh, whether
permanent or seasonal, shall be in conformity with the provisions
of this chapter and the Zoning Ordinance. No new dwelling unit shall be constructed which fails
to meet the requirements of this chapter and the Zoning Ordinance.
The procedure for applicants shall be as follows:
A. The Planning Board shall administer the growth permit selection system as described in §
68-8 below in the case of all growth permit applications.
B. The Code Enforcement Officer shall ensure that all of the endorsements
on the growth permit application form have been completed before issuing
any building permit.
Appeals procedure for this chapter shall be the same as specified in §
105-72 of the Town of Shapleigh Zoning Ordinance, as revised.
Growth permits selected and issued in accordance with this chapter
shall expire after 90 days, unless a building permit has been issued.
This time period may be extended by the Code Enforcement Officer if
issuance of a building permit is delayed due to a technical problem.
Growth permits shall be site-specific, and shall be valid for
construction only on the lot specified on the application. However,
said permits shall be transferable to new owners of the lot, should
the property change hands. If a permit is transferred, the date of
issuance remains unchanged.
This chapter shall not repeal, annul, or in any way impair or
remove the necessity of compliance with any other rule, regulation,
by-law, permit or provision of law and the Zoning Ordinance. Where
this chapter imposes a greater restriction upon the use of land, buildings
or structures, the provisions of this chapter shall prevail.
Should any section or provision of this chapter be declared
by the courts to be invalid, such decision shall not invalidate any
other section or provision of this chapter.
The effective date of this chapter is the date of adoption by
Town vote.
[Amended 3-11-2023 ATM by Art. 4]
The ordinance shall be reviewed every three years by a committee
comprised of the Board of Selectmen, the Planning Board and the Code
Enforcement Officer to ensure that the annual maximum growth rate
has not become inconsistent with the Town's capital improvement capability
to establish or enlarge needed public facilities and services, and
to be in compliance with Title 30-A, M.R.S.A. § 4360.