The purpose of this chapter is to provide for
the safety, health, and public welfare by the control of the construction,
alteration, addition, repair, removal, demolition, use and occupancy
of all structures.
This chapter is created according to the powers
granted to municipalities under 30-A M.R.S.A. § 3001.
The following terms as used in this chapter
shall have the following meanings, unless the context indicates otherwise.
All undefined terms shall have their standard dictionary meanings.
ACCESSORY BUILDING
Any detached structure used in conjunction with a residential,
commercial, or industrial structure, such as a garage, shed, barn,
etc.
ALTERATION
A.
To change the exterior appearance of a structure
by the addition, deletion, or relocation of a door, window, or other
feature requiring the cutting of a structural wall, roof, or floor.
B.
To change or renovate the interior of a structure
by the addition, deletion, reconstruction, or relocation of a wall,
ceiling, or floor that may affect the strength of the structural members
or affect fire safety requirements.
CODE
Any published compilation of regulations or enforceable standards
which has been prepared by any association or organization that is
nationally recognized for establishing standards in the areas set
out below, or any department or agency of the federal government or
the state, and includes:
D.
Health or sanitation codes.
G.
Any other code which embraces regulations pertinent
to a subject which is a proper municipal legislative matter.
DANGEROUS BUILDING
A building or structure or any portion thereof that is deemed
structurally unsafe, unstable, or unsanitary; constitutes a fire hazard;
is unsuitable or improper for the use or occupancy to which it is
put; or constitutes a hazard to health or safety because of inadequate
maintenance, dilapidation, obsolescence or abandonment; or is otherwise
dangerous to life or property.
[Added 6-11-2003]
DWELLING UNIT
Any part of a structure which, through sale or lease, is
intended for human habitation, including single-family and multifamily
housing, condominiums, apartments and time-share units.
[Amended 6-11-2003; 6-13-2012]
STRUCTURE
Anything constructed, erected, or placed on the ground which
is permanent, temporary, or mobile for the shelter or support of persons,
animals, goods, or property of any kind and which requires location
in or on the ground or attachment to something on the ground. Structures
include but are not limited to buildings, mobile homes, piers, floats,
and storage and processing facilities. Boundary walls, fences, roads,
driveways, parking areas, and flagpoles are not considered structures.
[Amended 6-11-2002; 6-13-2012]
A. A certain document, one copy of which is on file with
the Town Clerk of the Town of Bethel, being marked and designated
as "National Fire Protection Association No. 211, Standard for Chimneys,
Fireplaces, Vents and Solid Fuel-Burning Appliances," and being the
version most recently adopted by the State Fire Marshal's Office,
as prepared and published by the National Fire Protection Association,
for regulating the construction, alteration, renovation, and installation
of chimneys and fireplaces, and each and all of the regulations, provisions,
conditions and terms of such National Fire Protection Association
No. 211 on file in the office of the Town Clerk are hereby referred
to, adopted and made a part hereof as if fully set out in this chapter.
[Amended 6-12-2024 ATM
by Art. 12]
B. A certain document, one copy of which is on file with
the Town Clerk of the Town of Bethel, being marked and designated
as "National Fire Protection Association No. 101, Life Safety Code,"
and being the version most recently adopted by the State Fire Marshal's
Office, as prepared and published by the National Fire Protection
Association, for regulating the construction, alteration, renovation,
and installation of fire escapes and means of egress, and each and
all of the regulations, provisions, conditions and terms of such National
Fire Protection Association No. 101 pertaining to fire escapes and
means of egress on file in the office of the Town Clerk are hereby
referred to, adopted and made a part hereof as if fully set out in
this chapter.
C. A certain document, one copy of which is on file with
the Town Clerk of the Town of Bethel, being marked and designated
as "National Fire Protection Association No. 58, Liquefied Petroleum
Gas Code," and being the version most recently adopted by the State
Fire Marshal's Office, as prepared and published by the National Fire
Protection Association, for regulating liquefied petroleum gas, and
each and all of the regulations, provisions, conditions and terms
of such National Fire Protection Association No. 58 pertaining to
liquefied petroleum gas on file in the office of the Town Clerk are
hereby referred to, adopted and made a part hereof as if fully set
out in this chapter.
D. A certain document, one copy of which is on file with
the Town Clerk of the Town of Bethel, being marked and designated
as "National Fire Protection Association No. 54, National Fuel Gas
Code," and being the version most recently adopted by the State Fire
Marshal's Office, as prepared and published by the National Fire Protection
Association, for regulating general criteria for the installation
and operation of gas piping and gas equipment on consumers' premises,
and each and all of the regulations, provisions, conditions and terms
of such National Fire Protection Association No. 54 pertaining to
fuel gas on file in the office of Town Clerk are hereby referred to,
adopted and made a part hereof as if fully set out in this chapter.
[Amended 6-11-2003; 6-9-2004; 6-15-2005]
A. All flammable liquids and hazardous material within
the limits of the Town of Bethel shall be stored subject to and in
conformity with the laws of the State of Maine, 25 M.R.S.A. §§ 2481
to 2485, flammable liquids, and 25 M.R.S.A. §§ 2101
to 2106-A, hazardous material.
B. The requirements of Chapter
105, Floodplain Management, and Chapter
132, Shoreland Zoning, shall apply in addition to the requirements of this chapter.
C. Setback requirements.
[Amended 6-13-2007]
(1) All buildings erected or relocated must have a minimum
setback of 10 feet on all lot lines of the parcel on which they are
located.
(2) Accessory buildings, as defined herein, on parcels
of less than 40,000 square feet must have a minimum setback of 10
feet on the street line and must have a minimum setback of five feet
on all other lot lines.
(3) A variance, as defined in §
140-12, of any of these setback requirements may be obtained from the Bethel Board of Appeals on the basis of undue hardship, as defined under 30-A M.R.S.A. § 4353(4). The Board of Appeals shall hold a public hearing and follow the process established in the BOA Rules of Procedure adopted by the Bethel Select Board.
(4) Setback requirements of this chapter do not apply to projects reviewed under Chapter
140, Site Plan Review.
[Added 6-10-2015]
D. Any new electrical service on a pole or structure
shall have a manual shutoff installed on the pole or the outside of
the structure, located between the meter box and the main breaker
box.
E. A disposal plan, including a contract for a roll-off
container for construction debris from a private waste disposal company,
for projects exceeding $25,000 in value.
[Added 6-14-2006; amended 6-13-2007; 6-14-2023 ATM by Art. 4]
Fees charged under this chapter shall be in
accordance with the Town of Bethel Fee Schedule.
[Added 6-14-2006]
This chapter may be amended by vote of a Town Meeting as provided in Chapter
5, Administration, Article
VII.