Back Lot Ordinance

Section 1. Title

This ordinance shall be known as the Back Lot Ordinance of the Town of
Paris, Maine and is referred to herein as the “Ordinance.”

Section 2. Legal Authority

This ordinance is adopted pursuant to Home Rule Powers as provided in
Article V111-A of the Maine Constitution, and Title 30 M.R.S.A..
Section 1917.

Section 3. Purpose

The purpose of this Ordinance is to protect the health safety and
general welfare of the residents of Paris by providing for the
improvement of back lots with acceptable right-of-way’s, and
coordinating road frontage and access requirements with other Town
ordinances such as the Building Code. Minimum lot sizes are provided
to ensure that where connection is not made to public sewer and water
utilities, lot sizes are at least large enough to allow sufficient
area for private, individual septic systems.

Section 4. Applicability

This Ordinance shall apply to all back lots as defined. No back lot
may be developed which fails to meet the requirements of this
Ordinance, in addition to the requirements of other Town ordinances.

Section 5. Administration

a. The Planning Board shall review and approve or disapprove all Back
Lot applications. b. This Ordinance shall be administered by the Code
Enforcement Officer. The Code Enforcement Officer shall not issue a
building permit unless the provisions of this Ordinance are complied
with as well as the requirements of the Building Code.

Section 6. Definitions

A. Back Lot: A parcel of land which does not have the required
frontage on town road, public right-of-way, or public easement or
privately–owned road, or whose frontage on such road, way or easement
is less than that required by the Building Code or other applicable
ordinance.

B. Town Road: Public Roads, also known as town ways. The municipality
has a legal obligation to maintain, a town way. Title 23, Section
3021.

C- Private Ways: Private ways, also know as public easements. The
general public has a right of unobstructed access by foot or motor
vehicle but the municipality does not have an obligation to maintain
the way unless the municipality’s legislative body authorizes to do
so. Title 23, Sections 3021 and 3105. Public Right-of-Way: As used in
this Ordinance. `public right-of way” shall have the same meaning as
`public easement’ under the laws of Maine. D.    Privately-Owned Road: On
a privately owned road, the public has no right to pass over it by
foot or vehicle. The municipality has no right nor responsibility to
spend public funds or maintain  a privately owned road.

Section 7. Back Lot Development Standards

A. Back lots may be built upon by a single family home although they
lack frontage on a town road or a private wav/public easement,
privately owned road, or if the lots’ frontage is less than that
required by the Building Code, provided that residential development
of the lot is accessible from a public right-of-wav only by it’s
frontage or by a privately owned road or legally enforceable, written
or recordable right-of-way. It may be used for one single family
dwelling if the following conditions are met.

1. A 30 foot frontage, minimum, shall serve only one back lot. The
traveled portion of the roadway or driveway shall be at least 12 feet
wide and shall have a reasonable depth and quality of gravel covering
as determined by the C.E.O. There shall be a turn-around area adequate
for the turning of emergency vehicles.

2. A legal description of the privately owned road right-of-way, or
frontage by metes and bounds shall be attached to any building
application for construction of the single-family dwelling permitted
on the back lot, together with a copy of the privately owned road,
right-of-way, or frontage deed as recorded. The privately owned road
right-of-way, or frontage deed as described in Section 7(A)(1) must be
recorded in the Registry of Deeds (1) at either the time the back lot
is first deeded out or created as a separate parcel, or (2) at the
time any building permit is applied for: and

3.    Creation of the required privately owned road, right-of-way, or
frontage to serve the back lot shall not create a non-conforming front
lot by reducing such lots road frontage or area below the minimum
required by law or ordinance, or, if the front lot is already
non-conforming reduce its road frontage at all, Where the privately
owned road or right-of-way is conveyed by recorded easement or some
recorded grant less than fee simple interest, the land over which such
servitude is placed may not be counted toward meeting road frontage
requirements for the front lot.

B.    No more than one Back Lot shall be created under this Ordinance
from any parcel of land which exists under any recorded deed on the
effective date of this Ordinance. Any Applicant under this Ordinance
shall provide copies or his present ownership deed and all previous
deeds in the Applicant’s chain of title for the five years immediately
prior to the application under this Ordinance.

C.    Minimum Lot Sizes: Any Back Lot developed under this Ordinance
shall have a minimum lot size of not less than twenty thousand
(20,000) square feet, provided that hookup is made to water and sewer
service furnished by the Paris Utility District. If no such hook-up or
connection is actually made to water and sewer service provided by the
Paris Utility District, then the minimum lot size for any back lot
developed under this Ordinance shall be eighty thousand (80.000)
square feet.

1.    The application for Building Permit under this Ordinance shall
require a statement and certification from the Applicant that the
Applicant will or will not hook-up and actually connect with water and
sewer service from the Paris Utility District.

2.    A building Permit mat be issued on the condition or with the
requirement that hook-up or connection to water and sewer service of
the Paris Utility District be made However, there shall he no right to
occupy any dwelling built under this Ordinance, until sewer and water
hook-tip is actually made and operational, and written certification
of such hook-up is given to the C.E.O. by the Paris Utility District
for the particular property.

3.    In the event the ownership deeds required in this Section 7 do not
provide adequate information to determine the minimum lot size
required under this Ordinance, the C.E.O. may determine lot sizes
based upon the current municipal tax maps.

Section 8. Non-conforming~ Back lots of Record

A sm~e hack lot of record. recorded in accordance with law, ;vhich on
the etkctive date of this OrdThance does not meet the width or road
frontage reqñements of this Ordinance. may be built upon provided that
such lot shall be in separate ownership and not contitxuous ~vith any
other lot itt the same ownership and that all other provisions, of
this Ordinance and other applicable iown of Paris’ land use
ordinances. inciudin~ the Bulldin~ Code, and all State laws and
re2utattons >~ail not be met.

Section 9.Pnforcemer.t

Code Enforcemeni Officer: It shall be the duty of the Cod: ~ Officer
to ~ ~ provisions of the if the Code Enforccmncnt Officer shall find
that any pro\~sion of this Ordinance is hcinQ violated, he shall
notify in writinct. the owner of the propertc and the person
responsible for such violation indicatiniz the nature of the ~iolafion
arid orderinQ the action necessary to correct IL tnctuctng
ciscont,ruance of illegal use of land. buildings, ~ru;tures, or work
being done. remo’~. of illegal buildings or structures, and abatement
of flULS3JlCe con~rttons. A copy or such notices shall be maintained
as permanent record. A voiation of this ordinance shall be deemed to
be a nuisance.

B.    Legal Actions: When the above Enforcement acnon und a ~” 9 (It does
not result in the correction or abatement of the violation or nuisance
condition, the Municipal Officers. upon notice from the Code
Enforcement Officer, are heretm authorized and may institute any and
all actions and proceedh~s whether legal or equitable. including
seeking injunctions of violations, aoatement of nuisances, and the
imposition of fines, that may be aniropriate or necessary to ~.ñOr~e
the prowlons of this tnainance in the name of the municipality.

C.    Fines: Any violation of the provisions of this Ordinance shall be
subject to a Yvil penalty. payable to the Town of Paris. of not less
than 5100 for even day an tntracnon continues
but    r” -` than v;>~ for ~`~` ;iobtiort toQcther ancr legal
notice no. .0.    .~.c..    ~    with payment of attorneys fees as provided by
law.

Section 10. Effective Date. Separability & .Amendrnent

a A.    This Ordinance shall not appeal. annul or otherwise impair or
remove the necessirv of compliance with any federal, state or other
local laws or ordinarces. Where tlils Ordinance imposes a greater
restriction upon the usc of the land. buildings. or structures. thc
provisions of tis Ordinance shall prevail.

B.    The etiective date of the Ordinance shall be the date that it is
enacted by a Town Meeting.

C.    Should any section or provision of this Ordinance be found by a
court to be invalid. iile~ai or unenforceable, such decision shall not
affcct any other section or procision of this Ordinax~ce either
sin~jlv or collectively.

    D. This Ordinance may be amended at ant Town Meeting in accordance
with procedures specified in State Law,

Section 11. Appeals

A.    Variance Appeals: The Board of App~a1s may upon written anplieation
of the affected landowner, grant a variance from the strict
application of the Ordinance under the follovcinn conditions:

1.    The strict application of the tenns of this O# would result in
undue hardship to the applicant. The term undue hardship shall mean:

(a)    that the lard in quesdor. cannot yield a reasonable
r~r    vrl-‘c~ am ~ a ~ 1$ ~`anL~A~

(b)    that the need for a variance ms due to the unique circumstances of
the property and not to the general conditions in the neighborhood:

(c)    th~t the ganting of a variancc ~Th not alter the essential
character of the locality: and

(d)    that the hardship is not the result of action taken by the
applicant or a prior owner.