Town
of Mount Vernon, ME
Land
Use Ordinance
AMENDED
JUNE 6, 2001
AMENDED SEPTEMBER 5, 2001
SECTION 1.
GENERAL
A.Title........................................
.
..5
B.Authority......................
...
.............
5
C.Purposes.............................
.
..............
5
D.Applicability..................
...
.................
5
E.Conflicts
with other Ordinances..
.
........5
F.Validity
& Severability.......
.....
.
..6
G.Effective
Date............
.
...................
,
.....6
H.Amendments...............
...............
.........6
A.Purpose...........................
..
...............
...7
B.General
Requirements.......
..
..........
.....7
C.Non-conforming
Structures..
..
.......
......7
D.Non-conforming
Uses......
..
..........
.......9
E.Non-conforming
Lots.........
.........
.........9
F.Vested
Rights................
....
........
.....10
SECTION 3. DEFINITIONS .. 11- 30
A.Purpose..............................
...........
.
...31
B.Applicability..............................
....
..
31
C.Establishment
of Districts............
.....
........31
D.Districts
& Zoning Map.........
..
..........
.....33
E.Interpretation
of District Boundaries.
..
...33
F.Table of
Land Uses.........................
..
..
......34
Table
4-1......................................
.
..
.
.34
A.Purpose.............................................
31
B.Applicability
........
...31
C.
Establishment of Districts
...31
Limited
Residential District
.31
Stream
Protection District
...31
Village
District
32
Rural
District
..32
Limited
Commercial District
32
D. District
Zoning Map
..32
1.
Official
Zoning map
..32
2.
Scale of
Map
.32
3.
Certification
of Land Use map
...
33
4.
Changes to
the Zoning Map
..
33
F. Table of
Land Uses
....33
Key to
Table
..33
Table
4-1
...34 35
Section
5 Land Use Standards
A.
Purpose
.35
B.
General
Standards- Building (All Districts)
.36
1.Setbacks.......................................
..
36
2.Road
Setback in the Village District...........
36
3.Road
Setback on Minor Public Roads..........
.36
4.Minimum
Lot Size..............................
..36
5.Min. Lot
Size and Rd. Frontage Vil. Dist......
..36
6.Road
Frontage..................................
.36
7.Back
Lots......................................
..
36
8.Multiple
Dwelling Units on a Single Lot........
.37
9.Multiple
Dwelling Units in the Village District
.37
C. Land Use
Standards..................................
.
....37
1.Minimum
Lot Standards..........................
...37
2.Principal
& Accessory Structures...............
.38
a.
setback from
water
38
i.
structures
requiring direct access
...38
ii.
Areas
requiring increased setbacks
...38
d.
Maximum
Height of Buildings
..
39
e.
Structures
Located in Floodzones
..39
f.
Maximum
non-vegetated surface allowed
.39
g.
Stairways to
water
.39
h.
Housing Restrictions Village
Dist
.
39
3.Piers,
Docks, Wharfs, Bridges etc........
.....
...39
4.Campgrounds....................................
.
..
.....40
5.Individual
Private Campsites.............
.
40
6.Commercial
& Industrial Uses..............
...
..41
7.Allowed
uses -Village District .......
.......
..41
8.Rural
District Uses.....................
......
...42
9.Parking
Areas............................
.....
.45
10.Roads
& Driveways.................
.............
.
46
11.Signs
......................................
....
.
47
12.Storm
Water Runoff....
.......
...............
..
48
13.Septic
waste Disposal........
..................
.
....48
14.Essential
Services.............
................
.
...48
15.Mineral
Exploration & Extraction.............
..48
16.Agriculture....................................
.
.49
17.Timber
Harvesting..............................
.
...
..50
18.Clearing
Vegetation for Development.....
....
...
.....51
19.Erosion
& Sedimentation Control................
...
.53
20.Soils..........................................
...
.54
21.Water
Quality..................................
..
..54
22.Archaeological
Sites...........................
..
..54
23.Fences
& Hedges................................
.
.
.54
24.Glare..........................................
.
.
...54
25.Noise...........................................
.
..
.55
26 Mobile
Home Installation
.
55
A
Purpose.................
..................
..
..56
B.Applicability......................................
...
...57
C.Application
Procedure..........
.................
..58
D.Data
Requirements.............
................
59
E.Performance
Standards...............................
..62
1.Minimum
Lot Size...............................
.
...63
2.Minimum
Lot Size-Village District..............
63
3.Frontage
Requirements..........................
...
63
4.Frontage
Requirements-Village District.......
...
..64
5.Set
Backs......................................
.
.64
6.Height of
Building.............................
...
...65
7.Life
Safety Code Conformance...................
..
...65
8.Traffic........................................
..
65
9.Parking
& Circulation..........................
..
.66
10.Parking
& Circulation-Village District.........
..
.67
11.Noise..........................................
..
..67
12.Erosion
Control................................
.
.67
13.Storm
Water Run-off...........................
..68
14.Commercial
Timber Harvesting...................
...69
15.Hazardous
Materials Containment................
.69
16.Explosive
Materials............................
..
70
17.Setbacks
& Screening...........................
..70
18.Screening(Rural
District)......................
...70
19.Greenstrip
Buffer..............................
...70
20.Preservation
of Landscape......................
..70
21.Advertising
Features...........................
70
22.Exterior
Lighting..............................
....71
23.Dust,Fumes,Vapors
And Gases....................
...71
24.Odor...........................................
..71
25.Air
Pollution..................................
71
26.Water
Availability.............................
71
27.Sewage
Disposal................................
71
28.Municipal
Services.............................
.
71
29.Refuse
Disposal...............................
...71
30.Emergency
Vehicle Access.......................
.72
31.Toxic,
Hazardous, Radioactive, and Poisonous
Materials......................................
..
72
32.Electromagnetic
Interference...................
..72
33.Financial
& Technical Capacity.................
.
72
A.Purposes............................................
...72
B.Subdivision
Review..................................
.73
C.Preapplication......................................
.75
D.Minor
Subdivisions.................................
..76
E.Preliminary
Plan for Major/High Impact
Subdivisions........................................
..78
F.Final Plan
for Major/High Impact Subdivisions.....
...80
G.Performance
Standards...............................
.82
H.Cluster
Development.................................
88
I.Performance
Guarantees..............................
.90
J.Inspection
of Required Improvements.................
91
K.Waivers.............................................
.92
SECTION
9. ROADS
A.
Purpose
.93
B. Application for road Const.
Permit
.93
C. General Road Const.
Standards
.94
A.Purpose............................................
...98
B.Applicability.....................................
.98
C.Permit
Required....................................
..98
D.Submission
Requirements..........................
99
E.Performance
Standards..............................
99
A.Administrative
Authorities.......................
..100
B.Permits
Required...................................
101
C.Permit
Application.................................
101
D.Fees..............................................
.101
E.Procedure
for Administering Permits........
103
F.Expiration
of Permits.............................
104
G.Certificate
of Compliance.........................
104
H.Installation
of Public Utility Service.........
..105
I.Appeals............................................
105
J.Appeal
Procedure...................................
..106
K.Enforcement........................................
..108
L.Legal
Actions......................................
.109
M.Fines.............................................
.110
Division of
Health Engineering....................AII-1
State Fire
Marshalls Office..............
.....AII-1
U.S.Army
Corps of Engineers.
..AII-2
Flood Plain
Management Permit....................AIII-2
Site Plan
Review & Subdivisions..................AIII-2
Appeals
& Variances..............................AIII-2
Sample
Application
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.
The purposes
of this ordinance are:
1. To implement the provisions of the
Towns Comprehensive Plan;
2. To encourage the most appropriate
use of land throughout the community;
3. To encourage growth in the
identified growth areas of the
community,
and to limit growth in rural areas;
4. To conserve natural
resources;
5. In watershed and shoreland areas,
to further the maintenance of safe and healthful conditions; to prevent and
control water pollution; to protect buildings and lands from flooding and
accelerated erosion; to protect freshwater wetlands; to control building sites,
placement of structures and land uses; to conserve shore cover, and visual as
well as actual points of access to inland waters; to conserve natural beauty and
open space; and to anticipate and respond to the impacts of development in
shoreland areas.
6. To promote the health , safety, and
general welfare of the residents of the community;
7. To promote traffic
safety;
8. To provide safety from fire and
other elements;
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.
Ordinance
Effective Date
Land
Use Ordinance
6/10/91 amended
6/19/93, 6/18/94
Building
Code Ordinance
3/9/91 amended
6/19/91,
6/19/93
Site
Plan Review Ordinance 6/21/88 amended 3/11/89,
6/19/93,
6/18/94
Automobile
& Junkyard
3/9/91
Licensing
Ordinance
Flood
Plain Management
6/10/87 amended 6/18/94
Subdivision
Ordinance
6/19/89
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.
1. This Ordinance may be amended by
the majority vote of the Legislative body.
2. For amendments involving the
Shoreland Zoning provisions of this Ordinance, copies of amendments, attested
and signed by the Municipal Clerk, shall be submitted to the Commissioner of the
Department of Environmental Protection following adoption by the Legislative
body and shall not be effective unless approved by the Commissioner. If the
Commissioner fails to act on any amendment within forty-five (45) days of
his/her receipt of the amendment, the amendment is automatically approved. Any
application for a permit submitted to the municipality within the forty-five
(45) day period shall be governed
by the terms of the amendment, if such amendment is approved by the
Commissioner.
A.
Purpose
It
is the intent of these provisions to promote land use conformities, except that
non-conforming conditions that legally existed before the effective date of this
Ordinance, or any amendment thereto shall be allowed to continue, subject to the
requirements set forth in this section.
Note:
A legally existing non-conforming condition is one which conformed to the
regulations in effect at the time such condition was created, be it a use,
structure or lot size. To determine legally existing conditions it is necessary
to research the ordinance in effect at the time the condition was
created.
B.
General Requirements
1. Transfer of Ownership: Non-conforming structures,
lots, and uses may be transferred, and the new owner may continue the
non-conforming use or continue to use the non-conforming structure or lot,
subject to the provisions of the Ordinance.
2. Repair and Maintenance: This Ordinance allows,
without a permit, the normal upkeep and maintenance of non-conforming uses,
structures or attachments including repairs or renovations which do not involve
expansion or total rebuilding of the non-conforming use or structure or
attachment and such other changes in a non-conforming use or structure as
federal, state, or local building and safety codes may
require.
C.
Non-conforming Structures
1. Expansions: A non-conforming
structure may be added to or expanded after obtaining a permit from the same
Administrative Authority as that for a new structure, if such addition or
expansion does not increase the non-conformity of the
structure.
Further
Limitations:
a.
After
January 1, 1989 if any portion of a structure is less than the required setback
from the normal high-water line of a water body or upland edge of a wetland,
that portion of the structure shall not be expanded in floor area or volume, by more than 30%, during
the lifetime of the structure.
b.
Construction
or enlargement of a foundation beneath the existing structure shall not be
considered an expansion of the structure provided; that the structure and new
foundation are placed such that the setback requirement is met to the greatest
practical extent as determined by the Administrative Authority, basing its
decision on the criteria specified in subsection 2. RELOCATION below; that the
completed foundation does not extend beyond the exterior dimensions of the
structure; and that the foundation does not cause the structure to be elevated
by more than three (3) additional feet.
c.
No structure
which is less than the required set back from the normal high-water lines of a
water body, tributary stream, or upland edge of a wetland shall be expanded
toward the water body, tributary stream, or wetland.
2. Relocation: A non-conforming structure may be
relocated within the boundaries of the parcel on which the structure is located
provided that the site of relocation conforms to all setback requirements to the
greatest practical extent as determined by the Administrative Authority, and provided that the
applicant demonstrates that the present subsurface sewage disposal system meets
the requirements of State law and the State of Maine Subsurface Wastewater
Disposal Rules (Rules), or installs a new system in compliance with the law and
said Rules. In no case shall a
structure be relocated in a manner that causes the structure to be more
non-conforming.
In
determining whether the building relocation meets the setback to the greatest
practical extent, the Administrative Authority shall
consider:
·
the size of
the lot,
·
the slope of
the land,
·
the
potential for soil erosion,
the location
of other structures on the property and on
·
adjacent
properties,
·
the location
of the septic system and other on-site soil suitable for septic systems,
and
·
the type and
amount of vegetation to be removed to accomplish the
relocation.
3. Reconstruction or
Replacement: Any non-conforming structure,
which is located less than the required set back from the normal high-water line
of a water body, tributary stream, or upland edge of a wetland and which is
removed, damaged or destroyed by
more than 50% of the market value of the structure before such damage,
destruction or removal, may be reconstructed or replaced provided that a permit
is obtained within one year of the date of said damage, destruction, or removal,
and provided that such reconstruction or replacement is in compliance with the
water setback requirement to the greatest practical extent as determined by the
Administrative Authority in accordance with the purposes of this Ordinance. In no case shall a structure be
reconstructed or replaced so as to increase its
non-conformity.
Any
non-conforming structure which is damaged or destroyed by 50% or less of the
market value of the structure, excluding normal maintenance and repair, and any
non-conforming structure which is damaged or destroyed by more than 50% but
which is located greater than the required setback from the normal high water
line of a water body, may be reconstructed in place with a permit from the
Administrative Authority. In determining whether the building reconstruction or
replacement meets the water setback to the greatest practical extent the
Administrative Authority shall consider, in addition to the criteria in
paragraph 2 above, the physical condition and type of foundation present, if
any.
4. Change of Use of a Non-conforming
Structure: The use of a non-conforming
structure may not be changed to another use unless the Administrative Authority,
after receiving a written application, determines that:
a. the new use is a permitted use in
the district; and
b. the applicant provides evidence to
the satisfaction of the LPI that the existing wastewater disposal system is
adequate to accommodate the new use in accordance with the State of Maine
Subsurface Wastewater Disposal Rules or the applicant provides the design and
agrees to install a replacement system to serve the new use, in accordance with
the State of Maine Subsurface Wastewater Disposal Rules;
and
c. the new use will have no greater
adverse impact on any adjacent waterbody or wetland, or on subject or adjacent
properties and resources than the existing use; and
d. the new use complies with all other
applicable land use requirements,
In
determining that no greater adverse impact will occur, the Administrative
Authority shall require written documentation from the applicant regarding the
probable effects on public health and safety, erosion and sedimentation, water
quality, fish and wildlife habitat, vegetative cover, visual and actual points
of public access to waters, natural beauty, flood plain management,
archaeological and historic resources, and functionally water-dependent
uses.
D.
Non-conforming Uses
1. Expansions: Expansions of
non-conforming uses are prohibited, except that non-conforming residential uses
may, after obtaining a permit from the Administrative Authority, be expanded within existing
residential structures or within expansions of such structures as permitted in
Section 2©(1)(a) above.
2. Resumption Prohibited: A lot,
building or structure in or on which a non-conforming use is discontinued for a
period exceeding one year, or which is superseded by a conforming use, may not
again be devoted to a nonconforming
use except that the Administrative Authority may, for good cause shown by the
applicant, grant up to a one year extension to that time period. This provision shall not apply to the
resumption of a use of a residential structure provided that the structure has
been used or maintained for residential purposes during the preceding five (5)
year period.
3. Change of Use: Except in the
Village District, an existing non-conforming use may be changed to another
non-conforming use provided that the proposed use has no greater adverse impact
on the subject and adjacent properties and resources than the former use, as
determined by the Administrative
Authority. The determination
of no greater adverse impact shall be made according to criteria listed in
Section 2©(4) above.
4. Change of Use: Village District, a
non-conforming use can be changed to another use provided that the
Administrative Authority, after receiving a written application, determines
that:
a. the changed use is a permitted use
in the Village District; and
b. the applicant provides evidence to
the satisfaction of the LPI that the existing wastewater disposal system is
adequate to accommodate the new use in accordance with the State of Maine
subsurface wastewater Disposal Rules or the applicant provides the design and
agrees to install a replacement system to serve the new use, in accordance with
the State of Maine Subsurface Wastewater Disposal Rules; and the changed use
will have no greater impact on any adjacent waterbody or wetlands, or on subject
or adjacent properties and resources than the existing use;
and
d. the changed use complies with all
other applicable land use requirements.
E. Non-Conforming
Lots
1. Non-conforming
Lots:
A legally created non-conforming lot of record may be built upon, without
the need for a variance, provided that such lot is in separate ownership and not
contiguous with any other lot in the same ownership, and that all provisions of
this Ordinance except lot size and frontage can be met. Variances relating to setback or other
requirements not involving lot size or frontage shall be obtained by action of
the Board of Appeals.
2. Contiguous Built
Lots: If two or more
contiguous lots or parcels are in a single or joint ownership of record at the
time of adoption of this Ordinance, if all or part of the lots do not meet the
dimensional requirements of this Ordinance, and if a legally created principal use or structure exists on
each lot, the non-conforming lots may be conveyed separately or together,
provided that the State Minimum Lot Size Law and Subsurface Wastewater Disposal
Rules are complied with.
If two or
more legally created principal uses
or structures existed on a single lot of record each may be sold on a separate
lot provided that the above referenced law and rules are complied with. When such lots are divided each lot thus
created must be as conforming as possible to the dimensional requirements of
this Ordinance.
3.
Contiguous
Lots - Vacant or Partially Built: If two or
more contiguous lots or parcels were in single or joint ownership of record on
6/10/91 or thereafter, if any of these lots do not individually meet the
dimensional requirements of this Ordinance or subsequent amendments, and if one
or more of the lots are vacant or contain no principal structure, the lots shall
be combined to the extent necessary to meet the dimensional
requirements.
F.
Vested Rights