SECTION 1

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”.

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.

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

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;

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

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.

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.

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.

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.

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. Except as otherwise provided in this Ordinance, a non-conforming condition shall not be permitted to become more non-conforming.

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.

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.

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.

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 tributary stream or the 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. If a replacement structure conforms with the requirements of section 2(C)(3), and is less than the required setback from a waterbody, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date.

b. ~~Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided;~~ Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure ,~~that~~ the structure and new foundation ~~are~~ must be 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~~section 2(C)(2),. “RELOCATION” below. ; If the ~~that the~~ completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with Section 2(C)(1)(a) above, and; and ~~tha~~t the foundation does not cause the structure to be elevated by more than three (3) additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure. .

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 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.

When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the planning board shall require replanting of native vegetation to compensate for the destroyed vegetation, In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

a) trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.

Other woody and herbaceous vegetation and ground cover, that are removed or destroyed in order to relocate a structure must be re-established. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be re-established within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

b) Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

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, regardless of the cause, 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~~eighteen months (18) of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the waterbody, tributary stream or wetland 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. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 2(C)1 above, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 2(C)2 above.

Any non-conforming structure which is located less than the required setback from a waterbody, tributary stream, or wetland and which is removed by 50% or less of the market value or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained fromand 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 if~~with~~ a permit is obtained from the Code Enforcement Officer within ~~one yea~~r (eighteen months) of such damage, destruction, or removal. ~~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.

In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Administrative Authority shall consider, in addition to the criteria in Section 2(C)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:

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, tributary stream, or wetland, or on subject or adjacent properties and resources than the existing use; and

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.

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~~ allowed in Section 2(c)©(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:

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

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 area, lot width and shore ~~size~~ and frontage can be met. Variances relating to setback or other requirements not involving lot ~~size~~ area, lot width or shore 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 ( 12 M.R.S.A. § 4807-A-4807-D) and the State of Maine 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.

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.

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:

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.

Aquaiculture - 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.

Basal Area - the area of cross-section of a tree stem at 4 ½ feet above ground level and inclusive of bark.

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.

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.

Canopy - The more or less continuous cover formed by tree crowns in a wooded area.

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.

Disability - A physical or mental disability as defined in 5 M.R.S.A. section 4553-A.

Driveway - a vehicular access-way less than five hundred (500) feet in length serving single-family dwellings or one two-family dwelling or less. ~~two lots or less.~~

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

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.

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

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.

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 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, excluding wooden sills and post supports ~~including~~ but including~~not limited to~~ basements, slabs, ~~sills, posts or~~ frost walls.or other base consisting of concrete block, brick or similar material.

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, excluding recreational boat storage buildings, 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.

Ground cover - small plants, fallen leaves, needles and twigs and the partially decayed organic matter of the forest floor.

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.

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.

Increase in Non-conformity of a Structure - any change in a structure or property which causes further deviation from the dimensional standard(s) creating the non-conformity such as, but not limited to, reduction in waterbody, tributary stream or wetland, setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of non-conformance of the existing structure shall not be considered to increase non-conformity. For example, there is no increase in non-conformity with the setback requirement for waterbodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing non-conforming structure. Hence, a structure may be expanded laterally provided that the expansion extends no closer to the waterbody, tributary stream or wetland than the closest portion of the existing structure from that waterbody, tributary stream, or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures.

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;

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

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. . When only two lot lines extend into the Shoreland zone, both lot lines will be considered to be side lot lines.

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.

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. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river or great pond.

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:

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.

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 at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes, and rental units that contain cooking, sleeping and toilet facilities regardless of the time period rented. ~~but not~~ Rrecreational vehicles are not residential dwelling units.

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:

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

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 of a waterbody or tributary stream, or upland edge of a wetland, 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.

Shoreline - the normal high water line or upland edge of a freshwater wetland.

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

Skid Road or Skid Trail - A route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

Slash - The residue, e.g., treetops and branches left on the ground after a timber harvest.

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,

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.

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 ½ 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 -– any system designed to dispose of waste or wastewater on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fileds; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment 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.

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~~ timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shorelandzone on a lot that has less than two (2) acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to Section 5(c) 18 Clearing or Removal of Vegation for Activities Other Than Timber Harvesting 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~~ terrestrial 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 whichis connected hydrologically with other waterbodies.f”Tributary stream “does not include~~lows~~ ~~to a water body or wetland as defined. This definition does not include~~ rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. . 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”.

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.

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 ½ 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, tributary stream, or wetland whether under, through, or over the water ~~course~~or wetland. 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. This definition includes crossings for timber harvesting equipment and related activities.

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.

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.

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 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 freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated “moderate” or “high” value waterfowl and wading bird habitat, including nesting and feeding areas ~~wildlife habitat~~ by the Maine Department of Inland Fisheries and Wildlife (MDIFW) that are depicted on a geographic information system (“GIS”) data layer maintained by either MDIF&W or the Department of Environmental Protection as of December 31, 2008. For the purposes of this paragraph, “wetlands associated with great ponds and rivers” shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surfaced elevation at or below the water level of the great pond or river during the period of normal high water. “Wetlands associated with great ponds or rivers” are considered to be part of that great pond or river. ~~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.

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.

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.

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 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

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

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

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:

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.

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

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.

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.

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.

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

		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.

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

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.

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;

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.

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.

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.

* 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 width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

d. If more than one residential dwelling unit ,~~or more than one~~ principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, or principal structure, or use..

a. All new principal and accessory structures shall be set back at least one hundred (100) feet horizontal distance from the normal high-water line of great ponds and rivers, and seventy-five (75) feet horizontal distance from the normal high-water line of streams, tributary streams, or the upland edge of a wetland in the Shoreland Zone. In the Resource Protection District, the setback requirement shall be 250 feet, horizontantal distance except for structures, roads, parking spaces, or other regulated objects specifically allowed in that District, in which case the setback requirements specified above shall apply.

i. The water ~~body~~ body, tributary stream or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

ii. The Administrative Authority may increase the required setback of a proposed structure, as a condition to permit approval and in accordance with this subsection, if necessary to accomplish the purposes of this Ordinance. Instances where a greater setback may be appropriate include, but are not limited to, areas of steep slope; shallow or soils subject to erosion; and/or where an adequate vegetative buffer does not exist. Where the average slope of the land immediately between the high water mark of the water body and all proposed structures and designed impervious areas exceeds 20%, the Administrative Authority may extend the required set back 25 feet for every 5 percentage points (or part thereof) of average slope over 20%, not to exceed a total setback extension of 50 feet.

Where the point value analysis regarding a “well distributed stand of trees and other vegetation”, as computed pursuant to Section 5C(18) is less than 12 points, with regard to development proposed in shoreland areas adjacent to great ponds, rivers, or streams, the Administrative Authority may extend the required setback 5 feet for every point value less than 12, not to exceed a total setback extension of 50 feet.

Where the point value analysis regarding a “well distributed stand of trees and other vegetation” is less than 8 points with regard to development proposed in shoreland areas adjacent to wetlands and tributary streams, the Administrative Authority may extend the required setback 5 feet for every point value less than 8, not to exceed a total setback extension of 40 feet.

For the purpose of this determination, the applicant shall apply the point value analysis found in Section 5C(18) to three representative parcels 25 feet by 25 feet in area (625 square feet) which are located within the land area immediately between the high water mark of the water body and all proposed structures and designed impervious areas. The applicant shall than average the results to reflect the point value for a single, 625 square foot representative parcel.

No combination of extended set back requirements authorized by this subsection shall exceed a total setback requirement, which is greater than 50 feet over the setback otherwise required.

b. Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Limited Residential, Village District, and Stream Protection Districts, shall not exceed thirty (30) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

c. The ~~first~~ lowest floor elevation or openings of all buildings and structures including basements shall be elevated at least one foot above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent flood plain soils.

d. The total area of all structures, parking lots and other non-vegetated surfaces, within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion there of, located within the shoreland zone, including land area previously developed.

e. Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided; that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38 MRSA, Section 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

f. In the Village District, proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The Administrative Authority may require new construction to utilize exterior building materials which harmonize with surrounding properties and to be designed so as not to be architecturally incompatible in terms of scale, height, window size and roof pitch.

New or replacement principal structures in this District shall not include single-component manufactured housing and shall have a minimum enclosed first floor living area of 600 square feet and a minimum total area of 1200 square feet of which 400 feet may be below the first floor. New or replacement principal structures shall rest on a full masonry foundation which extends to the shallower of frost line or bedrock and have a minimum roof pitch of 6:12 excluding dormers.

3. Piers, Docks, Wharfs, Bridges and Other Structures and Uses Extending Over or Beyond the Normal High-Water Line of a Water Body or Within a Wetland.

a. Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

b. The location shall not interfere with existing developed or natural beach areas.

c. The facility shall be located so as to minimize adverse effects on fisheries.

d. The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and ~~existing conditions,~~ uses, ~~and character~~ of the area. A temporary pier, dock or wharf in non tidal waters shall not be wider than six feet. Piers, docks, wharves and other structures shall not extend more than thirty (30) feet from shore or 30% of the width of the water body whichever is less or contain more than 200 square feet of surface area. A pier, dock, wharf or other structure longer than thirty (30) feet and larger than 200 square feet may be permitted by the Planning Board upon a finding, after a public hearing, that the additional size is necessary for safety and/or operational necessity provided that the pier, dock, wharf or other structure extends no further than that point at which the depth of water reaches six (6) feet as measured from the normal spring high water mark or 30% of the width of the water body, whichever is less.

e. No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water as an operational necessity.

f. No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

g. Structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.

NOTE: Permanent structures projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38 M.R.S.A., Section 480-C.

Campgrounds shall conform to the minimum requirements imposed under State licensing procedures, Section 6 “Site Plan Review” and the following:

a. The minimum lot size for campground sites shall conform to the campground lot size standards found in Section 6(E)(1) “Site Plan Review”. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be included in calculating land area per site.

b. The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of one hundred (100) feet from the normal high-water line of a great pond or river, and seventy-five(75) feet from other water bodies, tributary streams or the upland edge of a wetland.

Individual, private campsites not associated with campgrounds are permitted provided the following conditions are met:

a. One campsite per legally created existing lot or 2 acres in size, whichever is less, may be permitted.

b. Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back one hundred (100) feet from the normal high-water line of a great pond or river, and

a. seventy-five (75) feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

b. Only one recreational vehicle shall be allowed on a campsite. The rRecreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure(s) except a canopy~~ies~~ shall be attached to the recreational vehicle.

c. The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to one thousand (1000) square feet.

d. A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.

e. When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules.

The following new commercial and industrial uses are prohibited within the Shoreland Zone and the Village District:

d. Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms

e. Commercial painting(except for maintaining existing uses), wood preserving, and furniture stripping

j. Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas

a. In the Village District, the following uses shall be permitted provided all other applicable land use standards are complied with:

10. Retail business or outlet not employing more than five people on the premises at any one time

22. Public utility installations, including pumping stations and waste treatment facilities

24. Class A restaurant eligible to obtain a Class I license for the sale of liquor

b. Any use not specifically permitted in subsection 7(a) above is prohibited in the Village District unless the Planning Board, upon written application, finds that the proposed use is 1) similar to the allowed uses listed in subsection 7(a) above, and 2) the proposed use will have no greater adverse impact upon the subject and adjacent properties and resources than the allowed listed in subsection 7(a). The determination of no greater adverse impact shall be made upon written findings according to the criteria listed in Section 2(C)(4).

a. In the Rural District, the following uses shall be permitted provided all other applicable land use standards are complied with:

b. Commercial & Industrial activities provided the following criteria are met to the satisfaction of the Administrative Authority:

i. The foundation dimensions of any new structure related to the activity shall be no greater than 1600 ft2;

iii. Retail operations are permitted only if the sales are less than forty (40)hours per week;

iv. The activity must employ no more than ten (10) employees on the premises at any one time;

vi. The activity must be included in the following list of permitted commercial & Industrial uses;

vii. Notwithstanding any other requirement of this Ordinance, in the Rural District the minimum setback from the center line of the road for the following uses shall be 100 feet:

Any use not specifically permitted by subsection 8a, of this section, or as a special exception use in subsection 8c , is prohibited in the Rural District unless the Planning Board, upon written application, finds that the proposed use is: 1) similar to the allowed uses listed in subsection 8a..and 2) the proposed use will have no greater adverse impact upon the subject and adjacent properties and resources than the allowed uses listed in subsection 8a. The determination of no greater adverse impact shall be made upon written findings of fact according to the criteria listed in subsection 8c.

c. Special Exceptions in the Rural District: The Planning Board may approve for development within the Rural District those land uses listed as Special exceptions in Section 5 (c)(8)(d). The determination of the Board shall be in harmony with the expressed intent of the Land Use Ordinance and with the Comprehensive Plan. Special Exceptions shall be allowed only when they will substantially serve public convenience and welfare and will not involve danger to health & safety. In addition, special exceptions may be granted only upon written findings by the Planning Board that the following conditions have been met in addition to any other conditions of this Ordinance or other applicable ordinance.

i. That the proposed use will neither create nor aggravate a traffic hazard, a fire hazard or any other safety hazard.

ii. That the existing road or roadways are adequate to safely accommodate any increase or change in traffic to be generated by the proposed use or that the developer will upgrade the roadway to the required level.

iii. That the foundation dimension of the proposed structure shall not exceed 3200 Ft2.

iv. That the proposed use will be compatible with existing uses in the neighborhood, and will not tend to depreciate the value of property adjoining and neighboring the property under application.

v. That reasonable provisions have been made for adequate land space, lot width, lot area, drainage, parking, landscaping, building separation, sewage, and as applicable a plan or contract for perpetual maintenance of all common green space and clustered parking areas to assure all such areas will be maintained in a satisfactory manner.

vi. That any municipal services, required by the proposed use including, without limitation, fire, school, or police protection are presently available.

vii. That no fire or explosion hazards shall exist as to produce dangerous exposure to adjacent property.

xii. No inherent and recurring generated vibration shall be perceptible at the property line.

xiv. Fuel, raw, partially processed, finished, or other material, machinery, supplies, and equipment shall be stored within 100 feet of the center of the road, and in no case shall be visible from the road.

xv. The proposed use will not result in the unreasonable sedimentation or erosion or have an adverse effect on water supplies.

d. Special Exception Uses in the Rural District. The Planning Board may approve the following uses as Special Exception Uses in the Rural District upon written findings that all of the requirements for a Special Exception Use have been met.

iv. Any of the permitted uses listed in Section 5(C)(8)(b)(vi.) which do not meet one or more of the criteria set forth in Section 5(C)(8)(b)(i.thru v.)

e. Approval of Special Exceptions. As part of the grant or denial of any petition for a Special Exception, the Planning Board shall make written findings as to whether the proposed use fulfills the foregoing conditions. Approval of a Special Exception may be made subject to such conditions, modification, and restrictions, on the proposed land use, As the Planning Board may deem necessary to carry out the foregoing objectives and conditions. Any development of the land uses allowed by special exception shall be carried out only in conformity to such conditions, modifications, and restrictions in addition to those that may be required by other ordinances. Any change, addition, or enlargement of a Special Exception shall require approval of the Planning Board in the same manner as specified for the original Special Exception.

a. Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that parking areas serving public boat launching facilities ~~such setbacks~~ shall be no less than 50 feet, horizontal distance from the shoreline or tributary stream ~~may be reduced to no less than seventy five (75) feet from the normal high-water line or upland edge of a wetland~~ if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

b. Parking areas shall be adequately sized for the proposed use and shall be designed to prevent storm water runoff from flowing directly into a water body,tributary stream or wetland and where feasible, to retain all runoff on-site.

c. In determining the appropriate size of proposed parking facilities, the following shall apply:

i. Typical parking space: Approximately ten (10) feet wide and twenty (20) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.

The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features in the Shoreland Zone. Where applicable, road construction shall also be accomplished in accordance with the standards in Section 9 “Roads”.

a. Roads and driveways shall be set back at least one-hundred (100) feet from the normal high-water line of a great pond or river, and seventy-five (75) feet from other water bodies, tributary streams or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50) feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body tributary stream or wetland.. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.

On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet for each five (5) percent increase in slope above twenty (20) percent.

Section 10(a)~~This~~ ~~paragraph shall neither~~ does not apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section 10(a) except for that portion of the road or driveway necessary for direct access to the structure.

b. Existing public roads may be expanded within the legal road right-of-way regardless of itheir setback from a waterbody, tributary stream or wetland. ~~ts setback from a water body.~~t

c. New roads and driveways are prohibited in a Resource Protection District except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be~~, or as~~ approved by the Planning Board in a Resource Protection District, upon a finding that no reasonable alternative route or location is available outside the district. , ~~in which case~~When a road or driveway is permitted in a Resource Protection District the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.

d. Road and driveway banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 5(C)(19.)

e. Road and driveway grades shall be no greater than ten (10) percent except for ~~short~~ segments of less than two hundred (200) feet.