SECTION 1

GENERAL

 

A.     TITLE

 

This ordinance shall be known and cited as the LAND USE ORDINANCE of the Town of Mt. Vernon, Maine, and will be referred to as “this Ordinance”.

 

 

B.     AUTHORITY

 

This Ordinance is adopted pursuant to the enabling provisions of Article VIII, Part Second, Section 1 of the Maine Constitution, the provisions of Title 30-A, MRSA, Sections 3001 et seq., and the Mandatory Shoreland Zoning Act, Title 38 MRSA Sections 435 et. seq.

 

 

C.     PURPOSES

 

The purposes of this ordinance are:

 

1.                          To implement the provisions of the Town’s Comprehensive Plan;

2.                          To encourage the most appropriate use of land throughout the community;

3.                          To encourage growth in the identified growth areas of the community, and to limit growth in rural areas;

4.                          To conserve natural resources;

5.                          In watershed and shoreland areas, to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect buildings and lands from flooding and accelerated erosion; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

6.                          To promote the health , safety, and general welfare of the residents of the community;

7.                          To promote traffic safety;

8.                          To provide safety from fire and other elements;

 

 

D.   APPLICABILITY

 

The provisions of this ordinance shall govern all land and all structures within the boundaries of the Town of Mt. Vernon.

 

 

E.   CONFLICTS WITH OTHER ORDINANCES

 

Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.

 

This Ordinance supersedes and replaces the following ordinances, which became effective as noted.

       

Ordinance                                             Effective Date

 

            Land Use Ordinance                              6/10/91 amended 6/19/93, 6/18/94                    

 

Building Code Ordinance                         3/9/91 amended 6/19/91, 6/19/93                      

 

Road Ordinance                                     3/9/91

 

Site Plan Review Ordinance                    6/21/88; amended 3/11/89, 6/19/93, 6/18/94      

 

Automobile & Junkyard                           3/9/91

            Licensing Ordinance

 

            Flood Plain Management Ordinance        6/10/87 amended 6/18/94

 

            Subdivision Ordinance                            6/19/89

 

 

F.   VALIDITY AND SEVERABILITY

   

Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this ordinance.

 

 

G.      EFFECTIVE DATE

 

1.      The effective date of this Ordinance shall be the date of the adoption by the legislative body on May 4, 1995.

 

2.      The Shoreland Zoning provisions of this Ordinance, having been adopted by the Legislative body on  May 4, 1995, shall be effective upon the date of adoption, provided that it is subsequently approved by the Commissioner of the Department of Environmental Protection. A certified copy of the Ordinance, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner of the Department Environmental Protection for approval. If the Commissioner fails to act on the Shoreland Zoning provisions of this Ordinance within forty-five (45) days of his/her receipt of the Ordinance, it shall be deemed approved. Upon approval of the Shoreland Zoning provisions of this Ordinance, the Shoreland Zoning Ordinance previously adopted on 6/19/91  and amended 6/19/93 and 6/18/94 is hereby repealed.

 

 

H.       AMENDMENTS

 

1.      This Ordinance may be amended by the majority vote of the Legislative body.

 

2.      For amendments involving the Shoreland Zoning provisions of this Ordinance, copies of amendments, attested and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the Legislative body and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within forty-five (45) days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

 


SECTION 2

NON-CONFORMANCE

 

 

A.   PURPOSE

 

It is the intent of these provisions to promote land use conformities, except that non-conforming conditions that legally existed before the effective date of this Ordinance, or any amendment thereto shall be allowed to continue, subject to the requirements set forth in this section.

 

Note: A legally existing non-conforming condition is one which conformed to the regulations in effect at the time such condition was created, be it a use, structure or lot size. To determine legally existing conditions it is necessary to research the ordinance in effect at the time the condition was created.

 

 

B.   GENERAL REQUIREMENTS

 

1.                                              Transfer of Ownership:  Non-conforming structures, lots, and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of the Ordinance.

 

2.                                              Repair and Maintenance:  This Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses, structures or attachments including repairs or renovations which do not involve expansion or total rebuilding of the non-conforming use or structure or attachment and such other changes in a non-conforming use or structure as federal, state, or local building and safety codes may require.

 

 

C.   NON-CONFORMING STRUCTURES

 

1.      Expansions: A non-conforming structure may be added to or expanded after obtaining a permit from the same Administrative Authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure.

 

Further Limitations:

 

a.                After January 1, 1989 if any portion of a structure is less than the required setback from the normal high-water line of a water body or upland edge of a wetland, that portion of the structure shall not be expanded in floor  area or volume, by more than 30%, during the lifetime of the structure.

 

b.                Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided; that the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Administrative Authority, basing its decision on the criteria specified in subsection 2. “RELOCATION” below; that the completed foundation does not extend beyond the exterior dimensions of the structure; and that the foundation does not cause the structure to be elevated by more than three (3) additional feet.

 

c.  No structure which is less than the required set back from the normal high-water lines of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.

 

2.      Relocation:   A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Administrative  Authority, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or installs a new system in compliance with the law and said Rules.  In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming.

 

In determining whether the building relocation meets the setback to the greatest practical extent, the Administrative Authority shall consider:

 

·        the size of the lot,

·        the slope of the land,

·        the potential for soil erosion,

·        the location of other structures on the property and  on adjacent properties,

·        the location of the septic system and other on-site soil suitable for septic systems, and

·        the type and amount of vegetation to be removed to accomplish the relocation.

 

3.      Reconstruction or Replacement:   Any non-conforming structure, which is located less than the required set back from the normal high-water line of a water body, tributary stream, or upland edge of a wetland and which is removed,  damaged or destroyed by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within one year of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Administrative Authority in accordance with the purposes of this Ordinance.  In no case shall a structure be reconstructed or replaced so as to increase its non-conformity.

 

Any non-conforming structure which is damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, and any non-conforming structure which is damaged or destroyed by more than 50% but which is located greater than the required setback from the normal high water line of a water body, may be reconstructed in place with a permit from the Administrative Authority. In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Administrative Authority shall consider, in addition to the criteria in paragraph 2 above, the physical condition and type of foundation present, if any.

 

 

4.      Change of Use of a Non-conforming Structure:   The use of a non-conforming structure may not be changed to another use unless the Administrative Authority, after receiving a written application, determines that:

 

 

           a.     the new use is a permitted use in the district; and

           b.     the applicant provides evidence to the satisfaction of the LPI that the existing wastewater disposal system is adequate to accommodate the new use in accordance with the State of Maine Subsurface Wastewater Disposal Rules or the applicant provides the design and agrees to install a replacement system to serve the new use, in accordance with the State of Maine Subsurface Wastewater Disposal Rules; and

           c.     the new use will have no greater adverse impact on any adjacent waterbody or wetland, or on subject or adjacent properties and resources than the existing use; and

           d.     the new use complies with all other applicable land use requirements,

 

In determining that no greater adverse impact will occur, the Administrative Authority shall require written documentation from the applicant regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, flood plain management, archaeological and historic resources, and functionally water-dependent uses.

 

 

D.     NON-CONFORMING USES

 

1.      Expansions: Expansions of non-conforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Administrative  Authority, be expanded within existing residential structures or within expansions of such structures as permitted in Section 2©(1)(a) above.

 

2.      Resumption Prohibited: A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use except that the Administrative Authority may, for good cause shown by the applicant, grant up to a one year extension to that time period.  This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period.

 

3.      Change of Use: Except in the Village District, an existing non-conforming use may be changed to another non-conforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Administrative Authority.  The determination of no greater adverse impact shall be made according to criteria listed in Section 2C(4) above.

 

4.      Change of Use: Village District, a non-conforming use can be changed to another use provided that the Administrative Authority, after receiving a written application, determines that:

 

           a.     The changed use is a permitted use in the Village District; and

           b.     The applicant provides evidence to the satisfaction of the LPI that the existing wastewater disposal system is adequate to accommodate the new use in accordance with the State of Maine subsurface wastewater Disposal Rules or the applicant provides the design and agrees to install a replacement system to serve the new use, in accordance with the State of Maine Subsurface Wastewater Disposal Rules; and the changed use will have no greater impact on any adjacent waterbody or wetlands, or on subject or adjacent properties and resources than the existing use; and

           c.     The changed use complies with all other applicable land use requirements.

 

E.   NON-CONFORMING LOTS

 

1.      Non-conforming Lots: A legally created non-conforming lot of record may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Ordinance except lot size and frontage can be met.  Variances relating to setback or other requirements not involving lot size or frontage shall be obtained by action of the Board of Appeals.

 

2.      Contiguous Built Lots: If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this Ordinance, if all or part of the lots do not meet the dimensional requirements of this Ordinance, and if a legally created principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law and Subsurface Wastewater Disposal Rules are complied with.

 

If two or more legally created principal uses or structures existed on a single lot of record each may be sold on a separate lot provided that the above referenced law and rules are complied with.  When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this Ordinance.

 

3.      Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels were in single or joint ownership of record on 6/10/91 or thereafter, if any of these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.

 

 

F.   VESTED RIGHTS

 

Non-conforming rights cannot arise by the mere filing of a notice of intent to build, submitting an application for building permits, or submitting an application for required State permits and approvals. Vested rights usually arise when actual substantial construction has begun, or, in the case of pending applications, when a submitted application has been accepted as complete. Such construction must be legal at the time it is commenced and the owner must be in possession of, and in compliance with, all validly issued permits, both State and local.

 

 

 

 

 

 

 

 

 


SECTION 3

DEFINITIONS

 

 

Unless specifically defined below, words and phrases used in this Ordinance shall be given their customary dictionary meaning and be viewed in such a way as to give this Ordinance its most reasonable application.  Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular.  The word “may” is permissive; “shall” is mandatory and not discretionary.

 

Accessory Structure or use - a use or structure (100 square feet or greater), which is incidental and subordinate to the principal use or structure.  Accessory uses, when aggregated shall not subordinate the principal use of the lot.  A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered an attachment to the principal structure.  Attachments to the principal structure require separate permits unless included in the original building permit application.

 

Adjacent Grade - means the natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

 

Administrative Authority - Any of the following Town officials or Boards as designated to administer specific Sections of this Ordinance:

1.      The Code Enforcement Officer

2.      The Mt. Vernon Planning Board

3.      The Municipal Officers (Board of Selectmen)

4.      The Mt. Vernon Board of Appeals

5.      The Licensed Local Plumbing Inspector

6.      The Building Inspector

 

Adult Establishment:  A retail, service, entertainment, or commercial establishment which limits entry or use of the establishment or portion thereof to persons over the age of 18 years of age, or which is a common nuisance as defined in 17 MRSA 2741, or which distributes or exhibits or offers to distribute or exhibit obscene matter to persons under the age of 18 in violation of 17 MRSA chapter 93-A or 93-B, or which exhibits motion pictures or displays any other visual representation described or advertised as being “X-rated” or “for adults only”, or which exhibits or employs persons who are attired so as to expose to view the breast, genital, or buttock.

 

Aggrieved party - an owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this Ordinance; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.

 

Agricultural Land Management Practices - Means those devices and procedures utilized in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.

 

Agricultural Structure - Any structure, excluding fences, cages, row covers and ground cloths, used for agricultural purposes. 

 

Agriculture  - The production, keeping or maintenance for sale or lease, of plants and/or animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and green house products.  Agriculture does not include forest management and timber harvesting activities.

 

Alteration - Structural changes, rearrangement, change of location, or addition to a building or structure (other than repairs and modification in building equipment) involving more than 25% increase in the overall floor space or bulk of the building or structure at any one time or in total.

 

Amusement Facility - Any private commercial premise which is maintained or operated primarily for the amusement, patronage or recreation of the public, containing four (4) or more table sports, pinball machines, video games, or similar mechanical or electronic games, whether activated by coins, tokens, or discs, or whether activated by control of the management.

 

Applicant - The property owner or his/her designee applying for approval under the provisions of this Ordinance.

 

Aquiculture - The growing or propagation of harvestable freshwater, animal species.

 

Area of a Shallow Flooding _ means a designated AO and AH zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

 

Area of Special Flood Hazard - means the land in the floodplain having a one percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in Section 8(B) of this Ordinance.

 

Automobile Graveyard - “Automobile Graveyard”, as defined in 30-A MRSA subsection 3752, means a yard, field or other area used to store 3 or more unserviceable, discarded, worn-out or junked motor vehicles.  The term “automobile graveyard” does not include any area used for temporary storage up to 90 days by an establishment or place of business which is primarily engaged in doing auto repair work to make repairs to render a motor vehicle serviceable.

 

Back Lot - A “back lot” is any parcel of land, which has no frontage on a public or private way.

 

Back Lot Driveway - is any way created or maintained for the purpose of providing vehicular access to a lot with no frontage on a public or private way as required pursuant to Section 5(B)(7).

 

Base Gravel.  The aggregate “base gravel” shall be screened or crushed gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances.  The gradation of the parts that pass a 4 inch square mesh sieve shall meet the following grading requirements.

  

 

 

 

Sieve Designation        % by Weight Passing Square Mesh Sieves

 

         ˝ inch                                         35-75%

         Ľ inch                                         25-60%

         No. 40                                         0-25%

         No. 200                                       0- 5%

 

Aggregate for the base shall contain no particles of rock exceeding 4 inches in any direction.

 

Base Flood - means the flood having a one percent chance of being equaled or exceeded in any given year, commonly called the 100-year flood.

 

Basement - means any area of the building having its floor subgrade (below ground level) on all sides.

 

Boat Launching Facility - a facility designed primarily for the launching and landing of watercraft, and which may include    an access ramp, docking area, and parking spaces for vehicles and trailers.

 

Breakaway Wall - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

 

Building - Any structure and its attachments such as decks, breezeways, and porches having a roof or partial roof which is supported by columns or walls and used for the shelter or enclosure of persons, animals, goods or property of any kind.  The term “building” shall include multiple family dwellings. (see Structure)

 

Building Inspector - A Town official appointed by the Municipal Officers to administer building permits.

 

Bulk Storage - The separated storing on site of expendable materials or energy sources, in quantities that are in excess of operational amounts, for the purposes of stand-by supply in operations or for the economies or large quantity purchases.

 

Campground - any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including, but not limited to tents, recreational vehicles or other shelters.

 

Certificate of Compliance - A document signed by the Code Enforcement Officer/Building Inspector stating that a structure is in compliance with all of the provisions of this Ordinance.

 

Change in Use - A “change in use” is a use, which fails to reflect the nature and purpose of a prior use which is different in quality or character as well as in degree, or if it is different in kind in its effect on the neighborhood where it is located.

 

Class A Restaurant Eligible to Receive Class I License to Sell Liquor:  A restaurant as defined in 28-A MRSA Section 2, subsection 15(R) which meets the minimum requirements of gross annual income from the sale of food as follows:

  1. Year round Class A restaurants must have a minimum gross annual income of $20,000 per year in sale of food to the public on their premises; and
  2. Part-time Class A restaurants must have a minimum gross annual income of $15,000 from the sale of food to the public on their premises, not in excess of six consecutive months.

 

Cluster Subdivision - A subdivision utilizing the allowable reductions in certain performance standards in order to preserve open space.

 

Code Enforcement Officer - any person or board responsible for performing the inspection, licensing, and enforcement duties required by a particular statute or ordinance.

 

Commercial Building - A “commercial building” is a structure which is designed, equipped or intended to be used, or is in fact being used, principally for the buying, selling, manufacture or storage of goods, the provision of services or the provision of facilities for a fee.  For the purposes of this Ordinance, the term “commercial building” shall also include an “place of public accommodation”, as defined in 5 MRSA  Subsection 4553(8), which includes any establishment which in fact caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from the general public, including without limitation schools, governmental buildings, or community service facilities.

 

Commercial Timber Harvesting - Includes pesticide application, timber stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands, the construction, creation, or maintenance of land management roads, and other associated activities, involving the removal of more than 50 cords of wood annually

 

Commercial Use - the use of lands, buildings, or structures, other than a “home occupation,” defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, or the provision of facilities for a fee exclusive of rental of residential buildings and/or dwelling units.

 

Common Shoreland Access - The use of any shore front property to provide a point of access for the occupants of three or more dwelling units, whether accomplished through ownership, lease, easement, or any other arrangement.

 

Complete Application - An application shall be considered complete upon submission of the required fee and all information required by this Ordinance, or for a plan, preliminary or final, whichever is being submitted, or all information required after a vote by the Planning Board to waive the submission of required information according to appropriate Sections of this Ordinance.

 

Comprehensive Plan - Any part of the overall plan or policy for development and conservation within the municipality as defined in Title 30 M.R.S.A., Section 4961; or as subsequently developed pursuant to the Comprehensive Planning and Land Use Regulation Act, Title 30-A, Section 4311 et seq;  specifically, the Comprehensive Plan of the Town of Mt. Vernon.

 

Community and Service Organizations - An association of persons for social, religious, benevolent, academic, or recreational purposes for the promotion of some common objective, which usually includes as an incident of membership the use of common property owned by the organization.

 

Construction Drawings - Drawings showing the location, profile, grades, size and type of drains, sewers, water mains, underground power and telephone ducts, pavements, cross section of streets, miscellaneous structures, drainage easements, and similar items.

 

Contiguous Lots - Lots which adjoin at any line or point, or are separated at any point by a body of water less than fifteen feet wide.

 

Density bonus - The allowance for additional subdivision lots, beyond those allowed under conventional subdivision requirements, when a clustered development is considered.

 

Designed impervious area - the extent of land of a proposed development, measured in square feet, which has been designed to accommodate such impervious development as structures of any kind, roads, driveways, parking areas, concrete pads, sidewalks, patios, or other constructed uses which would inhibit or prohibit the natural drainage or percolation of rainwater or snow melt, or the natural, unrestricted growth of vegetation.

 

Developed Area - Any area on which a site improvement or change is made, including buildings, landscaping, parking areas, and streets.

 

Development - Means any change caused by individuals or entities to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; the construction of additions or substantial improvements to buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials; and the storage, deposition, or            extraction of materials, public or private sewage disposal systems or water supply facilities.

 

Dimensional Requirements - Numerical standards relating to spatial relationships including but not limited to setback, lot area, shore frontage and height.

 

Driveway - a vehicular access-way less than five hundred (500) feet in length serving two lots or less.

 

Driveway to a Backlot - (See Backlot Driveway)

 

Dwelling Unit - A room or group of rooms designed and equipped exclusively for use as living quarters for one family including provisions for living, cooking and eating.

 

Electromagnetic Interference (EMI) - Electrical or electronic radiation that interferes with legitimate reception/ communication, television, video, or radio controls in the radio frequency spectrum.  EMI can also be conducted as well as radiated.

 

Elevated Building - means a non-basement building:

 a.     built, in the case of a building in Zones A1-30, AE, A, A99, AO, or AH, to have the top of the elevated floor, elevated above the ground level by means of pilings, columns, post, piers, or “stilts;” and

 b.     adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood.

 In the case of Zones A1-30, AE, A, A99, AO, or AH, Elevated Building also includes a building elevated by means of fill or solid foundation perimeter walls less than three feet in height with openings sufficient to facilitate the unimpeded movement of flood waters.

 

Elevation Certificate - An official form (FEMA Form 81-31, 05/93, as amended) that:

 a.     is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program; and

 b.     is required for purchasing flood insurance.

 

Emergency Operations - operations conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings, property and livestock from the threat of destruction or injury.

 

Enlargement - “Enlargement” shall mean a structural expansion which increases overall floor area of a building or structure by 100 square feet or more.

 

Erosion and Sediment Control Plan - A plan depicting effective soil conservation measures for the activity proposed.  This plan shall contain, but not be limited to topographic features; types, depth, slope and extent of soils; staging of activities; temporary and permanent erosion control measures and facilities and guidelines for their interim and continued maintenance.

 

Essential Services - the construction, alteration or maintenance of gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks.  Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

 

Expansion of a Structure - an increase in the floor area or volume of a structure, including all extensions such as, but not limited to attached: decks, garages, porches and greenhouses.

 

Expansion of Use - the addition of weeks or months to a use’s operating season; additional hours of operation; or the use            of more floor area or ground area devoted to a particular use.

 

Family - one or more persons occupying a premises and living as a single housekeeping unit.

 

Final Plan - The final drawings on which the Applicant’s plan of subdivision is presented to the Planning Board for approval and which, if approved, may be recorded at the Registry of Deeds.

 

Flood or Flooding - Means:

           a.     A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.      The overflow of inland or tidal waters.

2.      The unusual and rapid accumulation or runoff of surface waters from any source.

           b.     The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.

 

Flood Elevation Study - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

 

Flood Insurance Rate Map (FIRM) - means an official map of a community, on which the Administrator of the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the community.

 

Flood Insurance Study - see Flood Elevation Study.

 

Floodplain or Flood-prone Area - means any land area susceptible to being inundated by water from any source (see flooding).

 

Floodplain Management - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

 

Floodplain Management Regulations - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain Ordinance, grading ordinance, and erosion control ordinance) and other applications of police power.  The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

 

Floodproofing - means any combination of structural and non_ structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and contents.

 

Floodway - see Regulatory Floodway.

 

Floodway Encroachment Lines - mean the lines marking the limits of floodways on federal, state, and local floodplain maps. 

 

Floor Area - the sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.

 

Forest Management Activities - timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

 

Foundation - the supporting substructure of a building or other structure including but not limited to basements, slabs, sills, posts or frost walls.

 

Freeboard - means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management.  Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

 

Freshwater Wetland - freshwater swamps, marshes, bogs and similar areas which are:

           a.     Often or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook such that in a natural state, the combined surface area is in excess of 10 acres; and

           b.     Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.                   

 

Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

 

Functionally Water-Dependent uses - those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and which cannot be located away from these waters.  The uses include, but are not limited to commercial and recreational fishing and boating facilities, fish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access. For Flood Management the term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

 

Gravel Pit - The term “gravel pit” shall mean all of the land area disturbed or otherwise involved in the excavation, processing or storage of sand, gravel, crushed stone or soil.  Gravel pits operated and/or owned by the same person, firm or corporation and separated by less than 800 horizontal feet of undisturbed land shall be considered one and the same gravel pit provided that all such pits and partial pits are located on the same deeded land parcel as recorded in the Registry of Deeds, Kennebec County.

 

Great pond - any inland body of water which in a natural state has a surface area in excess of ten acres, and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.

 

Height of a structure - the vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.

 

Historic Structure _ means any structure that is:

           a.     Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

           b.     Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

           c.     Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

           d.     Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.      By an approved state program as determined by the Secretary of the Interior, or

2.      Directly by the Secretary of the Interior in states without approved programs.

 

Home Occupation - a commercial or industrial enterprise, the providing of a service, or the practice of an occupation or profession which occurs wholly within the principal residential structure, is clearly incidental and subordinate to the use of the dwelling place as a place of residence, is conducted by a member or members of the immediate family and does not involve the employment of outside employees; does not involve the outdoor storage of materials or goods used in connection with the home occupation; does not generate more than 10 auto trips by clients/customers in any one day; and does not involve the alteration of the structure or premises in such a way as to violate the residential appearance or character of the home occupation site by use of colors, lighting, signs, the emission of sounds, odors, vibrations, the placement or use of materials or premises layout.

 

Hotels/Motels - A structure or group of structures providing lodging for a fee on a per diem basis, and where entrance to each room is made primarily from the outside of the building or through an inside lobby or office.

 

Impervious Area - Impervious area is including but not limited to, a surface that is impermeable to water, such as exposed compacted gravel, pavement, and rooftops, and prevents the infiltration of water into the soil.

 

Individual private campsite - an area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fire places, or tent platforms.

 

Industrial - The assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.

 

Inns/Boarding Houses - A building which contains a dwelling unit occupied by an owner or resident manager in which up to ten lodging rooms or lodging rooms and meals are offered to the general public for compensation.

 

Institutional - A building or land use devoted to some public, governmental, educational, charitable, medical or similar purpose.

 

Junkyard -“Junkyard”, as defined in 30-A MRSA subsection 3752, means a yard, field or other area used to store:

           a.     Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;

           b.     Discarded, scrap and junked lumber;

           c.     Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and

           d.     Garbage dumps, waste dumps and sanitary fills.

 

Light Manufacturing: Manufacturing, Packaging, Processing and Testing - printing or publishing plant, bottling works, manufacturing establishment or other assembling, packaging, finishing or processing use, provided that all operations shall be such as to confine disturbing smoke, fumes, dust, odors, and noise to the premises and that no operations shall constitute a hazard by reason of potential for fire, explosion, radiation release or other casualty

 

Locally Established Datum - Means, for purposes of this ordinance, an elevation established for a specific site to which all other elevations at the site are referenced.  This elevations generally not referenced to the National Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas where Mean Sea Level data is too far from a specific site to be practically used.

 

Lot - A “lot” is an area of land in one ownership or one leasehold, with ascertainable boundaries established by deed or other instrument of record, or a segment of land ownership defined by lot boundary line on a subdivision plan duly approved and recorded in the Kennebec County Registry of Deeds.

 

Lot area - The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.

 

Lowest Floor - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements described in Section 8(G) of this Ordinance.

 

Maintenance - Maintenance means the normal upkeep of structures and/or attachments such as replacement of components (e.g. roofs, boards, siding, windows), painting and cleaning.  Maintenance does not include the replacement of entire structures or attachments to structures.

 

Manufactured Home - means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

 

Manufactured Home Park or Subdivision - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

 

Marina - a business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, boat and tackle shops and marine fuel service facilities.

 

Market Value - the estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

 

Mass Gatherings - Means a group of five hundred (500) or more persons assembled together for any purpose for seven (7) or more continuous or intermittent hours during any 72 hour time period.  Gatherings held at an established and permitted permanent stadium, athletic field, arena, auditorium, coliseum, fair ground, or other similar permanent place of assembly that has sufficient existing sanitary facilities to handle the expected gathering are not considered mass gatherings.

 

Mean Sea Level - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate map are referenced.

 

Minimum Lot Width - the closest distance between the side lot lines of a lot.

 

Mineral exploration - hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

 

Mineral Extraction - any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and to transport the product removed, away from the extraction site.

 

Mobile Home Park - A parcel of land under unified ownership designed for the placement of three (3) or more mobile homes under any form of lease or rental agreement.

 

Motor Vehicle - A “motor vehicle” shall mean any self-propelled vehicle originally manufactured to include an engine of any kind which propels the vehicle across the ground on wheels, tracks or any combination thereof.

 

Multi-Family Dwelling - A residential structure consisting of three or more attached dwelling units.  Any such development containing less than five (5) dwelling units shall be considered a minor subdivision, and any such development containing between five (5) and fourteen (14) dwelling units shall be considered a major subdivision.  Any such development containing fifteen (15) or more units shall be considered a high impact subdivision.

 

Multi-Unit Residential - see Multi-Family Dwelling

 

New Construction (Section 8 “Floodplain Management” only) - Means structures for which the “start of construction” commenced on or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

 

Non-Conforming Lot (of record) - a single lot of record which does not meet the area, frontage, or width requirements of the district in which it is located, but which was legally created pursuant to the requirements of any ordinance or statute in effect at the time of its creation

 

Non-Conforming Structure - a structure which does not meet any one or more of the following dimensional requirements; setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

 

Non-Conforming Use - use of buildings, structures, premises, land or parts thereof which is not permitted in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

 

Normal High-Water Line - that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land.

 

Official Submittal Date - The date upon which the Administrative Authority issues a receipt indicating a complete application has been submitted.

 

100 Year Flood - The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring in any year).

 

Open Space - Land which remains essentially undeveloped. Certain forestry and agricultural activities and related structures may be allowed.

 

Ordinary View - “Ordinary view” means the unaided visual access from any point within 6 feet of ground level that a person has of an automobile graveyard or junk yard from the immediately adjacent public road or abutting property line.  Vehicles or junk shall be construed to not be in ordinary view from a public road or abutting property line when they are located more than 1000 feet from the abutting property lines or the applicant has constructed a screen in accordance with Section 10(E)(10) this Ordinance between the storage area and the public road or property line.

 

Parking Space - A parking space is an area designated for the placement of automobiles which is clearly marked by paint, signs, or other means, and which is of a minimum size of 15’ in length and 8’ in width.  Permanent piers, docks, wharves, bridges and other structures- Any structure which remains in or over the water for seven (7) months or more in any period of twelve (12) months.

 

Permanent Piers, Docks, Wharves, Bridges and Other Structures – Any structure, which remains in or over the water for seven (7) months or more in any period of twelve (12) months.

 

Person - an individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.

 

Piers, Docks, Wharfs, Bridges and other structures and uses extending over or beyond the normal high-water line or within a wetland:

Temporary: Structures, which remain in or over the water for less than seven (7) months in any period of twelve (12) consecutive months.

Permanent: Structures, which remain in or over the water for seven (7) months of more in any period of twelve (12) consecutive months.

 

Preliminary Subdivision Plan - The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

 

Principal structure - A building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

 

Principal Use - A use other than one, which is wholly incidental or accessory to another use on the same premises.

 

Private Road - A “private road” is any road which is not a public road and which is to be placed before the town meeting for acceptance as a public way.

 

Public Facility - any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.

 

Public Road - A “public road” is any road, town way or state highway which is either maintained by the town or state, owned in fee simple by the town or state, or over which the public has the uninhibited right to travel by virtue of a public easement. Minor public roods are public roads which do not connect with other public roads at both ends, regardless of whether those connections are now seasonal or not maintained. The following roads are considered to be minor public roads: Barter;Bog;Carr Hill;Currier Hill;Dill;Five Seasons;Hovey Luce;Journey’s End;Old Rome;Spring Hill.

 

Recent Flood Plain Soils - the following soil series as described and identified by the National Cooperative Soil Survey:           

Alluvial                          Cornish             Podunk

Charles(Limerick          Rumney           Suncook

Fryeburg(Hadley)           Sunday             Winooski(Lovewell)        

Ondawa                        Saco(Medomak)                           

 

Recreational Facility - a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities.

 

Recreational Vehicle - a vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a pick-up camper, travel trailer,

tent trailer, camp trailer, and motor home.  In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must be registered with the State Division of Motor Vehicles.

 

Regulatory Floodway -

           a.     Means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, and

           b.     In riverine areas is considered to be the channel of a river or other water coarse and the adjacent land areas to a distance of one-half the width of the floodplain, as measured from the normal high water mark to the upland limit of the floodplain.

 

Repair - To repair means to restore after partial destruction due to decay, dilapidation, or injury.  Repair does not mean to totally rebuild structures or attachments including decks and/or additions.

 

Replacement System - a Subsurface Wastewater Disposal System intended to replace 1) an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure, or 2) any existing overboard waste water discharge.

 

Residential Building - A “residential building” is a structure designed, equipped or intended for use, or which is in fact being used, as permanent, seasonal, or temporary living quarters for one or more households.

 

Residential Dwelling Unit - a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family.  The term shall include mobile homes, but not recreational vehicles.

 

Restaurant/Bar - An establishment where meals and/or beverages are prepared and served to the public for compensation.

 

Re-subdivision - The division of an existing subdivision or any change in the plan for an approved subdivision, which affects the lot lines, including land transactions by the Applicant not indicated on the approved plan.

 

Right-of-Way - A street or other area which is given legal right of passage.  A public right-of-way is a way dedicated to the use of the public (and accepted for ownership by the Town or other level of government).

 

Rip-Rap - Rocks irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (10) unit vertical or less.

 

River - A free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of twenty five (25) square miles to its mouth.

 

Riverine - Means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

 

Road - A route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles.

 

Road Bed Area - The term “road bed area” refers to the land area which must be prepared to accommodate the actual width of the traveled way and the road shoulders.

 

Road Frontage - Road(s) Frontage means the distance a lot line runs parallel to an adjacent road.  When determining road frontage properties having road frontage on both sides of a road may not add the  frontage on each side to determine the total frontage of the property.

 

Service drop - any utility line extension which does not cross or run beneath any portion of a water body provided that:

 a.     In the case of electric service

1.      The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and

2.      The total length of the extension is less than one thousand (1,000) feet.

 

 b.     In the case of telephone service

1.      The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles, or

2.      The extension requiring the installation of new utility poles or placement underground is less than one thousand (1,000) feet in length.

 

Setback - the nearest horizontal distance from the normal high-water line to the nearest part of a structure, road, parking space or other regulated object or area.

 

Shore frontage - the length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at normal high-water elevation.

 

Shoreland zone - the land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any great pond, river; within 250 feet of the upland edge of a wetland; or within seventy-five (75) feet of the normal high-water line of a stream.

 

Single-Component Manufactured Housing - Manufactured housing which is constructed and transported in one (1) section that is a habitable dwelling unit.

 

Special Flood Hazard Area - see Area of Special Flood Hazard.

 

Start of Construction (Flood Plain)- means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 360 days of the permit date.  The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.  For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

 

Stream - A free flowing body of water from the outlet of a great pond or the confluence of two (2) perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a 15-minute series topographic map, to the point where the body of water becomes a river.

 

Street - Public and private ways such as alleys, avenues, boulevards, highways, roads, and other rights-of-way, as well as areas on subdivision plans designated as rights-of-way.

 

Structure - Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences.  The term includes structures temporarily or permanently located, such as decks, and satellite dishes. Structure - means, for floodplain management purposes, a walled and roofed building.  A gas or liquid storage tank that is principally above ground is also a structure.

 

Subdivision - A subdivision is the division of a tract or parcel of land into 3 or more lots within any (5) five year period, which period begins after September 22, 1971, whether accomplished by sale, lease, development, buildings or otherwise. The term “subdivision” shall also include the division of a new structure or structures on a tract or parcel of land into 3 or more dwelling units within a 5-year period and the division of an existing structure or structures previously used for commercial or industrial use, or use as a single family dwelling unit into 3 or more dwelling units within a 5-year period. 

 

A.     In determining whether a tract or parcel of land is divided into 3 or more lots, the first dividing of the tract or parcel is considered to create the first 2 lots and the next dividing of either of the first 2 lots, by whomever accomplished is considered to create a third (3rd) lot, unless;

1.      Both dividings are accomplished by a subdivider who has retained one of the lots that has been the subdivider's principal residence for a period of at least 5 years            immediately prior to that second (2nd) division; or,

2.      The dividing of a tract or parcel is otherwise exempt under this Ordinance.

 

B.      The dividing of a tract or parcel of land and the lot or lots so made, which dividing or lots when made are not subject to this section, do not become subject to this section by the subsequent dividing of that tract or parcel of land or any portion of that tract or parcel.  The Planning Board shall consider the existence of the previously created lot or lots in reviewing a proposed subdivision created by a subsequent dividing.

 

C.     A lot of 40 or more acres shall not be counted as a lot, except where the lot or parcel from which it was divided is located wholly or partly within any shoreland area as defined in Title 38MRSA, Section 435 or section 3 of the Mount Vernon Land Use Ordinance.

 

D.      

1.                    A division accomplished by devise does not create a lot or lots for the purpose of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

2.                    A division accomplished by condemnation does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

3.                    A division accomplished by order of court does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

4.                    A division accomplished by gift to a person related to the donor of an interest in property held by the donor for a continuous period of 5 years prior to a division by gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this land Use Ordinance.  If the real estate exempt under this paragraph is transferred within 5 years to another person not related to the donor of the exempt real estate as provided in this paragraph, then the previously exempt division creates a lot a lots for the purposes of this subsection.  “Person related to the donor” means a spouse, parent, grandparent, brother, sister, child, or grandchild related by blood, marriage or adoption.  A gift under this paragraph cannot be given for consideration that is more than ˝ the assessed value of the real estate.

 

5.                    A division accomplish by a gift to a municipality if that municipality accepts the gift does not create a lot or lots for the purposes of this definition, unless the intent of the transfer is to avoid the objectives of Section 7 of this Land Use Ordinance.

 

6.                    A division accomplished by the transfer of any interest in land to the owners of land abutting the at land that does not create a separate lot does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of Section 7 of this Land Use Ordinance.  If the real estate exempt under this paragraph is transferred within five years to another person without all the merged land, then the previously exempt division creates a lot or lots for the purposes of this subsection.

 

E.     The division of a tract or parcel of land into 3 or more lots and upon each of which lots permanent dwelling units legally existed before September 23, 1971 is not a subdivision.

 

F.     In determining the number of dwelling units in a structure, the provisions of this subsection regarding the determination of the number of lots apply, including exceptions from the definition of a subdivision of land.

 

G.    The grant of a bona fide security interest in an entire lot that has been exempted from the definition of subdivision under paragraphs D-1 to D-6, or subsequent   transfer of that entire lot by the original holder of the security interest or that person’s successor in interest, does not create a lot for the purposes of this definition, unless the intent if the transferor is to avoid the objectives of this Ordinance.

 

 

For the purposes of this Ordinance, a tract or parcel of land is defined as all contiguous land in the same ownership, provided that lands located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof.

 

The term “subdivision” shall include mobile home parks, apartments, condominiums, cooperative housing, campgrounds where the property interest in individual campsites is conveyed, and other multi-family housing if any of the above contain three or more living units.  The term subdivision shall also include re-subdivision.

 

Subdivision, High Impact - Any subdivision containing fifteen (15) or more lots or dwelling units.

 

Subdivision, Major - Any subdivision containing five (5) or more lots or dwelling units.

 

Subdivision, Minor - Any subdivision containing less than five (5) lots or dwelling units.

 

Subdivision Road - For the purposes of this Ordinance, a “subdivision road” is any road created as part of a subdivision approved by the Planning Board after the effective date of this Ordinance

 

Substantial Construction - “Substantial construction” shall mean either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a mobile or manufactured home on a foundation, slab or pad.  Substantial construction does not mean land preparation, such as clearing, grading and filling.

 

Substantial Construction(Roads)-“Substantial construction” shall mean any road building construction beyond the initial clearing of the road bed area.

 

Substantial Damage _ means, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

 

Substantial Enlargement - An expansion of the land area of the development site by more than 25% at any one time or in total since 6/21/88

 

Substantial Improvement - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement.  This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed.  The term does not, however, include either:

 a.     Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or

 b.     Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

 

Subsurface sewage disposal system - a collection of treatment tank(s), disposal area(s), holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es), alternative toilet(s), or other devices and associated piping designed to function as a unit for the purpose of disposing of wastes or waste water on or beneath the surface of the earth.  The term shall not include any waste water discharge system licensed under 38 MRSA Section 414, any surface waste water disposal system licensed under 38 MRSA Section 413 Subsection 1-A, or any public sewer.  The term shall not include a waste water disposal system designed to treat waste water which is in whole or in part hazardous waste as defined in 38 MRSA (chapter 13, subchapter 1).

 

Surface Gravel.  The aggregate “surface gravel” shall be screened or crushed gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances.  The gradation of that part that passes a 2 inch square mesh sieve shall meet the following grading requirements.      

 

Sieve Designation          % by Weight Passing Square                                                                         Mesh Sieves

                                    ˝ inch                                      45-70%

            Ľ inch                                      30-55%

                                                No. 40                          0-20%

                                                No. 200                            0- 5%

Aggregate for the surface shall contain no particles of rock exceeding two inches in any dimension.

Sustained Slope - A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

 

Temporary Piers, Docks, Wharves, Bridges and other Structures- any structure which remains in or over the water seven (7) months or less in any period of twelve (12) consecutive months. 

 

Temporary Storage - “Temporary storage” refers to a period of time not to exceed 90 days during which a vehicle is parked at a facility being serviced or awaiting service.

 

Timber Harvesting - the cutting and removal of trees from their growing site, and the attendant operation of cutting and skidding machinery but not the construction or creation of roads.  Timber harvesting does not include the clearing of land for approved construction.(see commercial Timber Harvesting)

 

Tract, or Parcel, of Land - All contiguous land in the same ownership, whether or not the tract is separated at any point by an intermittent or non-navigable stream, or a private road established by the abutting landowners.

 

Tributary Stream - A channel between defined banks created by the action of surface water, whether intermittent or perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing water borne deposits on exposed soil, parent material or bedrock, and which flows to a water body or wetland as defined.  This definition does not include the term “stream” as defined elsewhere in this Ordinance, and only applies to that portion of the tributary stream located within the shore land zone of the receiving water body or wetland.

 

Topsoil Removal - Shall mean the excavation of loam or loamy materials from an area for placement elsewhere.

 

Unserviceable Vehicle - An “unserviceable vehicle” shall mean any motor vehicle which is wrecked, dismantled, cannot be operated legally on any public highway or which is not being used for the purpose for which it was manufactured. Operable farm machinery or farm vehicles shall not be considered “unserviceable vehicles”.

 

Upland Edge - the boundary between upland and wetland.

 

Uses - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

 

Variance - A relaxation of the terms of this ordinance where such variance would not be contrary to the public interest where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this ordinance would result in unnecessary or undue hardship.  A financial hardship shall not constitute grounds for granting a variance.

 

The required findings in order to grant a variance are:

      a.     That the land in question cannot yield a reasonable return unless a variance is granted;

      b.     That the need for a variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood;

      c.     That the granting of a variance will not alter the essential character of the locality; and

      d.     That the hardship is not the result of action taken by the applicant or an immediately prior owner.

 

Vegetation - all live trees, shrubs, ground cover, and other plants including without limitation, trees both over and under 4 inches in diameter, measured at 4 ˝ above ground level.

 

Violation - means the failure of a structure, land use, or development to comply with the requirements of this Ordinance.

 

Volume of a Structure - the volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.

 

Volume of Trees of Total Volume of Trees- Is measured as the cross-sectional area (basal) area of the tree stems at a 4.5 feet above the ground.  The basal area of a given acreage is the sum of the basal areas of the trees 4" in diameter measured at 4.5 feet above the ground on that acreage.  Basal area of an area of forest land may be determined by conducting an inventory or by estimating from representative plots in accordance with accepted estimated standards recognized by the Maine Department of Conservation, Maine Forest Service.

 

Waterbody - any great pond, river, stream or reservoir of standing water one acre or more in surface area.

 

Water Crossing- any project extending from one bank to the opposite bank of a river or stream, whether under, through, or over the water course.  Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings.

 

Watercourse - A watercourse is any river or stream, which acts as the drainage mechanism for watershed areas of 100 acres or more. 

 

Wetland - Wetlands are land areas of 10 or more acres characterized by wetland soils and vegetation as defined by the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands” U.S.Fish & Wildlife Service, U.S.EPA, U.S. Dept. of the Army, and U.S. SCS 1987.

 

 

 

 

 

 


SECTION 4

LAND USE DISTRICTS

 

 

  1. PURPOSE

 

The purpose of these district requirements is to implement the Town’s Comprehensive Plan and to provide for orderly growth and development consistent with the purposes stated in Section 1.

 

 

  1. APPLICABILITY

 

This Ordinance applies to all land areas within the Town of Mt. Vernon. This Ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.

 

 

  1. ESTABLISHMENT OF DISTRICTS

    

1.                Shoreland Zone:

 

All land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream.

 

The Shoreland Zone shall include the following Districts:     

 

Resource Protection District

The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values.  This district shall include the following areas when they occur within the limits of the shoreland zone, exclusive of the Stream Protection District, except that areas, which are currently developed, and areas, which meet the criteria for the Village District, need not be included within the Resource Protection District.

 

a.                          Areas within 250 feet, horizontal distance, of the upland edge of wetlands, and wetlands associated with great ponds and rivers, which are rated “moderate” or “high” value wildlife habitat by Maine Department of Inland Fisheries and Wildlife (MIFW) as of January 1, 1973, or thereafter.

 

b.                          Flood plains along rivers and flood plains along artificially formed great ponds along rivers, defined by the 100 year flood plain as designated on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent flood plain soils.

 

c.                          Within the Shoreland Zone, areas of two or more contiguous acres with sustained slopes of 20%(2ft. vertical rise over a 10ft.horizontal distance) or greater.

d.                          Within the Shoreland Zone, areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a wetland as defined, and which are not surficially connected to a water body during normal spring high water.

 

e.      Land areas along rivers subject to severe bank erosion undercutting, or river bed movement.

 

Limited Residential District

 

The Limited Residential District includes those areas suitable for residential and recreational development.  It includes areas other than those in the Resource Protection District, or Stream Protection District, and areas which are used less intensively than those in the Limited Commercial District.

 

 

Stream Protection District

 

The Stream Protection District includes all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond or river, or within two hundred and fifty (250) feet, horizontal distance, of the upland edge of a wetland.  Where a stream and its associated shoreland area is located within two hundred and fifty (250) feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.

 

 

2.      Village District

 

All the land described by the following property tax map descriptions:

 

Map U4:           Lots3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21, 22,23,24,25 and 26.

Map U5:           Lots 1,1A,2,3,4 5,7,9,10,11,12,13, 14,15,17,18,21,22 and 22A.

Map U6:           Lots 2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19A,20,21,22,24,25,26,27,28,30,31,32 and 33

 

 

3.      Rural District:

 

All areas of Mount Vernon not within the Shoreland Zone or Village District, or the Limited Commercial District.

 

4.      Limited Commercial District

 

All land described by the following property tax map descriptions:

 

Map R-10:  Lots 8, 72, 73, 10, 12, 13, 13A, 16, 18, parts of Lot 11 & 14 not in the Shoreland Zone

Map R-3:    Lots 10, 11, 12, 13, 14

Map U-3:    Lot 2 north of lot 2A

Map U-2:    Lot 1

 

 

D.    DISTRICTS AND ZONING MAP

 

1.      Official Land Use Map

 

The areas to which this Ordinance is applicable are hereby divided into the following districts as shown on the Official Land Use Map, which is made a part of this Ordinance:

 

1.     Resource Protection

2.     Limited Residential

3.     Village District

4.     Stream Protection

5.     Rural District

6.     Limited Commercial

 

2.      Scale of Map

 

The Official Land Use Map shall be drawn at a scale of not less than: 1 inch = 2000 feet.  District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.

 

3.      Certification of Official Land Use Map

 

The Official Land Use Map shall be certified by the attested signature of the Town Clerk and shall be located in the town office.

 

4.      Changes to the Official Zoning Map

 

If amendments, in accordance with Section 1(H), are made in the district boundaries or other matter portrayed on the Official Land Use Map, such changes shall be made on the Official Shoreland Map within thirty (30) days after the amendment has been approved by the Town Meeting or the Department of Environmental Protection, if applicable.

 

E.     INTERPRETATION OF DISTRICT BOUNDARIES

 

Unless otherwise set forth on the Official Land Use Map, district boundary lines are property lines, the centerlines of streets, roads and rights of way, and the boundaries of the shoreland area as defined herein. 

 

With respect to the boundaries of any mapped natural resource area as depicted on the Town's official zoning map(s) (i.e., resource protection, limited residential, and stream protection districts), where the boundary is related to the upland edge of a wetland or the high water line of a surface water body, the administrative authority may verify an applicant’s delineation or representation of the natural resource district's actual boundary by performing an on-site inspection with the permission of the property owner.  Where disagreement exists as to the exact location of district boundary lines , the Mt. Vernon Board of Appeals shall be the final authority as to location.

 

 

F.      TABLE OF LAND USES:

 

All land use activities, in the Town of Mount Vernon shall conform to the provisions of Table 1.  In addition, land uses in the Shoreland Zones, the Village District  and the Rural District, shall conform with all of the applicable land use standards in any section of this Ordinance.  The district designation for a particular site shall be determined from the Official Land Use Map.

 

 

Key to Table 4-1:

 

Yes:     Allowed (no permit required but the use must comply with all applicable land use standards)

 

            No:       Prohibited

          

PB:       Requires approval by the Planning Board prior to the CEO issuing a permit

 

CEO:    Requires permit issued by the Code Enforcement Officer

           

LPI:      Requires permit issued by the Local Plumbing Inspector

 

 

Abbreviations:

 

RP - Resource protection

 

LR - Limited Residential

 

LC - Limited Commercial

 

SP - Stream Protection

 

VD - Village District

 

RD - Rural District

    

            BI   - Requires permit from the Building Inspector.

 


TABLE 4-1

 

 

LC

SP

RP

LR

RD

VD

1.

Non-intensive recreational uses not requiring structures such as

hunting, fishing and hiking.

yes

yes

yes

yes

yes

yes

2.

Motorized vehicular traffic on existing roads and trails

yes

yes

yes

yes

yes

yes

3.

Forest management activities except for timber harvesting

yes

yes

yes

yes

yes

yes

4.

 Timber Harvesting

 

 

 

 

 

 

A.

 Commercial (more than 50 cords/year)

yes*

PB*

CEO 1

PB*

yes*

PB*

B.

 Non-commercial (less than 50 cords/year)

yes*

yes*

CEO 1

yes*

yes*

yes*

5.

Clearing of vegetation for approved construction and development

yes

CEO

CEO 1

yes

yes

yes

6.

Fire Prevention Activities

yes

yes

yes

yes

yes

yes

7.

Wildlife Management Practices

yes

yes

yes

yes

yes

yes

8.

Soil & Water conservation practices

yes

yes

yes

yes

yes

yes

9.

Mineral exploration

yes

no

yes 2

yes 2

yes 2

yes 2

10.

Mineral extraction including sand & gravel

PB

no

PB 3

PB

PB

PB

11.

Surveying and resource analysis

yes

yes

yes

yes

yes

yes

12.

Emergency Operations

yes

yes

yes

yes

yes

yes

13.

Agriculture

yes

yes

PB

yes

yes

yes

14.

Aquiculture

yes

PB

PB

PB

yes

yes

15.

Principal structures and uses

 

 

 

 

 

 

A.

One & two family residential

BI

PB 4

no

CEO/BI

BI

CEO/BI

B.

Multi-unit residential

PB

no

no

PB

PB 12

PB 9

C.

Commercial

PB

no

no

no

PB 12

PB 9

D.

Industrial

PB

no

no

no

PB 12

PB 9

E.

Governmental & institutional

PB

no

no

no

PB

PB 9

F.

Small non-residential facilities for educational scientific,

or nature interpretation purposes

PB

PB 4

PB

CEO

CEO

PB 9

16.

Structures accessory to allowed uses

CEO

PB 4

PB

CEO

CEO

PB

17.

Piers, docks, wharfs, bridges and other structures

 

 

 

 

 

 

A.

Temporary

CEO

CEO

CEO

CEO

CEO

CEO

B.

Permanent

PB

PB

PB

PB

PB

PB

18.

Conversions of seasonal residences to year round

LPI

LPI

No

LPI

LPI

LPI

19.

Home Occupations

Yes

PB

No

PB

Yes

Yes

20.

Private sewage disposal systems for allowed uses

LPI

LPI

no

LPI

LPI

LPI

21.

Essential services

PB

PB6

PB6

PB

PB

PB

22.

Service drops, as defined, to allowed uses

Yes

Yes

Yes

Yes

Yes

Yes

23.

Public & private recreational areas involving minimal structural development

Yes

PB

PB

PB

Yes

Yes

24.

Individual, private campsites

CEO

CEO

CEO

CEO

CEO

CEO

25.

Campgrounds

PB

No

No7

PB

PB

PB

26.

Road & driveway construction

PB

PB

No8

PB

PB11

PB

27.

Parking facilities

PB

No

No7

PB

PB

PB

28.

Marinas

N/A

PB

No

PB

N/A

PB

29.

Filling & earth moving of less than 10 cubic/yards

Yes

CEO

CEO

Yes

Yes

Yes

30.

Filling & earth moving of more than 10 cubic/yards

Yes

PB

PB

CEO

Yes

PB

31.

Signs

Yes

Yes

Yes

Yes

Yes

Yes

32.

Uses similar to allowed uses

PB

CEO

CEO

CEO

PB

PB

33.

Uses similar to uses requiring a CEO permit

CEO

CEO

CEO

CEO

CEO

No

34.

Uses similar to uses requiring a PB permit

PB

PB

PB

PB

PB

PB

 

1.                                    In RP not permitted within 75 feet of the normal high-water line of great ponds, except to remove safety hazards.

 

2.                                    Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.

 

3.                                    In RP not permitted in areas so designated because of wildlife value.

 

4.                                    Provided that a variance from the setback requirement is obtained from the Board of Appeals

 

5.                                    Functionally water-dependent uses and uses accessory to such water dependent uses only

 

6.                                    See further restrictions in Section 5C(12)(a)

 

7.                                    Except when area is zoned for resource protection due to flood plain criteria in which case a permit is required from the PB.

 

8.                                    Except to provide access to permitted uses within the district, or where no reasonable alternative route or location is available outside the RP area, in which case a permit is required from the PB.

 

9.                                    See further restrictions in Section 5(C)(6) Village District.

 

10.                                 See standards set forth in Section 5(C)(6)

 

11.                                 PB approval required for roads only

 

12.  See further restrictions see Section 5(C)(1)(a)

 

13.  See Section 5(B) and Section 6 for allowable reductions of minimum lot size after first unit..

 

 

  • See Requirements of Site Plan Review Section 6(E)(14)

 

** Industrial Uses not permitted in within the shoreland zone. Within the Village District see Section 5(C)(7).

 

 

NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection pursuant to Title 38 M.R.S.A., Section 480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them:

 

 a.     Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;

 b.     Draining or otherwise de-watering;

 c.     Filling, including adding sand or other material to a sand dune; or

 d.     Any construction or alteration of any permanent structure.

 

SECTION 5

LAND USE STANDARDS

 

 

A.     PURPOSE

 

This Section shall establish standards for the construction, placement, relocation, and enlargement of all buildings and accessory structures, and performance standards for land use  in Mt. Vernon.

 

 

B.     GENERAL STANDARDS – BUILDING (ALL DISTRICTS)

 

No residential building permit shall be issued by the Building Inspector unless the application proposal is determined by the Building Inspector to comply with all applicable state laws and regulations, local ordinances, and each of the following standards, except as may be allowed for in Section 7(H) for approved Cluster Development.:

 

1.                          Setbacks: No building or accessory structure shall be constructed closer than fifteen (15) feet from any boundary line, and all buildings and accessory structures shall have a setback of at least seventy-five (75) feet from the center line of the road except as provided below.

 

2.                          Road Setback in the Village District.  Notwithstanding any other requirement of this section, in the Village District, the minimum set back from the centerline of the road shall be fifty (50) feet.

 

3.                          Road Setback on Minor Public Roads: On minor public roads, accessory structures shall have a minimum setback of at least (50) feet from the centerline of the road. To qualify for the reduced setback, the building must be less than one thousand (1000) square feet in size at ground level.

 

4.                          Minimum Lot Size:  A building may not be constructed on a lot of less than two (2) acres, except that a permit may be issued for the placement of a mobile or manufactured home on a smaller lot when that lot is a part of a mobile home park which has been approved by the Mt. Vernon Planning Board pursuant to the mobile home park design regulations found in the Section 7 of this Ordinance.  Also, a permit may be issued for construction on a non-conforming lot of record in accordance with Section 2 of this Ordinance.

 

5.                          Minimum Lot Size and Road Frontage in the Village District.  Notwithstanding any other requirement of this section, in the Village District, a legally created single lot of record, which does not meet the minimum lot area and/or road frontage requirements set forth in Section 5(B)(4) & (6), may be built upon provided such lot development adheres to the Maine State Plumbing Code and all other applicable land use requirements.

 

6.                          Road Frontage:  Except as provided in Section 5(B)(5) & (7), all buildings shall be constructed on a lot or parcel of land with a public or private road frontage of at least two hundred (200) feet.

 

 

7.                          Back Lots:  Back lots are exempt from the road frontage requirement of Section 5(B)(6), except that such lots, in the absence of a waiver issued by the Planning Board in accordance with the criteria established in Section 9(F)  of this Ordinance, shall be served by a driveway designed at a minimum to the specifications of a driveway to a back lot found in Section 9.  Back lots must have at least one lot line equal to or greater than 200 feet.  The lot over which the back lot driveway easement passes must be able to meet the minimum lot size requirements of this Ordinance after the subtraction of the area of easement to be used as the right-of-way to the back lot.  Driveways serving the buildings of back lots permitted under this Ordinance shall serve as access to no more than two back lots and may also serve as access to the front lot over which it passes.

 

8.                          Multiple Dwelling Units on a Single Lot:  If more than one dwelling unit is constructed on a single lot or parcel, the parcel shall contain at least two (2) acres and two hundred feet of frontage on a public or private road for each dwelling unit.

 

9.                          Multiple Dwelling Units in the Village District.  Not withstanding any other requirement of this section  a multiple dwelling unit, in the Village District, of less than three units may be built or constructed on a legally created single lot of record which does not meet the minimum lot area and road frontage requirements set forth in Section 5(B)(4,5,6), provided such lot development adheres to the Maine State Plumbing Code and all other applicable land use requirements.

 

 

C.     LAND USE STANDARDS

 

In addition to the Standards of Section 5(B) above  all land use activities within the Town of Mt. Vernon shall conform with the following provisions within the Districts to which they  apply.

 

1.      Minimum Lot Standards Shoreland & Village District.

                                         

                                                                 Minimum Lot Area      Minimum Shore Frontage**

                                                                        (acres)                            (feet)

 

Residential per dwelling unit                    2                                  200

 

Governmental, Institutional

Commercial per principal

Structure                                                           2*                                 200

 

*  NOTE: Refer to Section 6 “Site Plan Review” for additional standards governing minimum lot size.

 

** NOTE: The 200 foot shore frontage standard is not applicable for properties in the Village District with no shore frontage.  For additional standards, see Section 6 Site Plan Review.

 

           a.     Land below the normal high-water line of a water body or upland edge of wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

           b.     Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

           c.     The minimum wi