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
3. The Municipal
Officers (Board of Selectmen)
4. The
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 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
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
˝
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:
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.
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,
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.
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
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.
Minimum
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.
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(
Fryeburg(Hadley) Sunday Winooski(Lovewell)
Ondawa
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 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 -
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
˝
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,
SECTION 4
LAND USE DISTRICTS
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.
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.
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
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:
Map U-2:
D.
DISTRICTS AND ZONING MAP
1.
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
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
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. |
|
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. |
|
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..
** 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
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
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
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
(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