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
Marshall’s 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
Town’s Comprehensive Plan;
2. To encourage the most appropriate
use of land throughout the community;
3. To encourage growth in the
identified growth areas of the
community,
and to limit growth in rural areas;
4. To conserve natural
resources;
5. In watershed and shoreland areas,
to further the maintenance of safe and healthful conditions; to prevent and
control water pollution; to protect buildings and lands from flooding and
accelerated erosion; to protect freshwater wetlands; to control building sites,
placement of structures and land uses; to conserve shore cover, and visual as
well as actual points of access to inland waters; to conserve natural beauty and
open space; and to anticipate and respond to the impacts of development in
shoreland areas.
6. To promote the health , safety, and
general welfare of the residents of the community;
7. To promote traffic
safety;
8. To provide safety from fire and
other elements;
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
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:
1. The Code Enforcement
Officer
2. The Mt. Vernon Planning
Board
3. The Municipal Officers (Boaard of
Selectmen)
4. The Mt. Vernon Board of
Appeals
5. The Licensed Local Plumbing
Inspector
6. The Building
Inspector
Adult
Establishment: a retail, service,
entertainment, or commercial establishment which limits entry or use of the
establishment or portion thereof to persons over the age of 18 years of age, or
which is a common nuisance as defined in 17 MRSA 2741, or which distributes or
exhibits or offers to distribute or exhibit obscene matter to persons under the
age of 18 in violation of 17 MRSA chapter 93-A or 93-B, or which exhibits motion
pictures or displays any other visual representation described
or
advertised
as being “X-rated” or “for adults only”, or which exhibits or employs persons
who are attired so as to expose to view the breast, genital, or
buttock.
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.
Agricultural
Structure
- Any structure, excluding fences. Cages, row covers and ground cloths, used for
agricultural purposes.
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.
Alteration
- Structural changes, rearrangement, change of location, or addition to a
building or structure (other than repairs and modification in building
equipment) involving more than 25% increase in the overall floor space or bulk
of the building or structure at any one time or in total.
Amusement
Facility
- Any private commercial premise which is maintained or operated primarily for
the amusement, patronage or recreation of the public, containing four (4) or
more table sports, pinball machines, video games, or similar mechanical or
electronic games, whether activated by coins, tokens, or discs, or whether
activated by control of the management.
Applicant
-The
property owner or his/her designee applying for approval under the provisions of
this Ordinance.
Aquiculture
- the growing or propagation of harvestable freshwater, animal
species.
Agricultural
Structure—Any
structure, excluding fences, cages, row covers and ground clothes, used for
agricultural purposes.
Area
of a Shallow Flooding
_ means a designated AO and AH zone on a community’s Flood Insurance Rate Map
(FIRM) with a one percent or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable, and where velocity flow may be
evident. Such flooding is
characterized by ponding or sheet flow.
Area
of Special Flood Hazard
- means the land in the floodplain having a one percent or greater chance of
flooding in any given year, as specifically identified in the Flood Insurance
Study cited in Section 8(B) of this Ordinance.
Automobile
Graveyard
- “Automobile Graveyard”, as defined in 30-A MRSA subsection 3752, means a yard,
field or other area used to store 3 or more unserviceable, discarded, worn-out
or junked motor vehicles. The term
“automobile graveyard” does not include any area used for temporary storage up
to 90 days by an establishment or
place of business which is primarily engaged in doing auto repair work to make
repairs to render a motor vehicle serviceable.
Back
Lot
- A “back lot” is any parcel of
land which has no frontage on a public or private way.
Back
Lot Driveway
is any way created or maintained for the purpose of providing vehicular access
to a lot with no frontage on a public or private way as required pursuant to
Section 5(B)(7).
Base
Gravel. The aggregate “base gravel” shall be
screened or crushed gravel of hard durable particles free from vegetative
matter, lumps or balls of clay and other deleterious substances. The gradation of the parts that pass a 4
inch square mesh sieve shall meet the following grading
requirements.
Sieve Designation
% by Weight Passing Square Mesh Sieves
½ inch
35-75%
¼ inch
25-60%
No. 40
0-25%
No. 200
0- 5%
Aggregate
for the base shall contain no particles of rock exceeding 4 inches in any
direction.
Base
Flood
- means the flood having a one percent chance of being equaled or exceeded in
any given year, commonly called the
100-year flood.
Basement
-
means any area of the building having its floor subgrade (below ground level) on
all sides.
Boat
Launching Facility
- a facility designed primarily for the launching and landing of water craft,
and which may include
an access ramp, docking area, and parking spaces for vehicles and
trailers.
Breakaway
Wall
- means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral
loading forces, without causing damage to the elevated portion of the building
or supporting foundation system.
Building
- Any structure and its attachments such as decks breezeways, and porches having
a roof or partial roof which is supported by columns or walls and used for the
shelter or enclosure of persons, animals, goods or property of any kind. The term “building” shall include
multiple family dwellings. (see Structure)
Building
Inspector
- A Town official appointed by the Municipal Officers to administer building
permits.
Bulk
Storage
- The separated storing on site of expendable materials or energy sources, in
quantities that are in excess of operational amounts, for the purposes of
stand-by supply in operations or for the economies or large quantity
purchases.
Campground
- any area or tract of land to accommodate two (2) or more parties in temporary
living quarters, including, but not limited to tents, recreational vehicles or
other shelters.
Certificate
of Compliance
- A document signed by the Code Enforcement Officer/Building Inspector stating
that a structure is in compliance with all of the provisions of this
Ordinance.
Change
in Use
- A “change in use” is a use which fails to reflect the nature and purpose of a
prior use which is different in quality or character as well as in degree, or if
it is different in kind in its effect on the neighborhood where it is
located.
Class
A Restaurant Eligible to Receive Class I License to Sell Liquor: A restaurant as defined in 28-A MRSA
Section 2, subsection 15® which meets the minimum requirements of gross annual
income from the sale of food as follows:
1. year round Class A restaurants must
have a minimum gross annual income of $20,000 per year in sale of food to the
public on their premises; and
2. Part-time Class A restaurants must
have a minimum gross annual income of $15,000 from the sale of food to the
public on their premises, not in excess of six consecutive
months.
Cluster
Subdivision
- A subdivision utilizing the allowable reductions in certain performance
standards in order to preserve open space.
Code
Enforcement Officer
- any person or board responsible for performing the inspection, licensing, and
enforcement duties required by a particular statute or
ordinance.
Commercial
Building
- A “commercial building” is a structure which is designed, equipped or intended
to be used, or is in fact being used,
principally
for the buying, selling, manufacture or storage of goods, the provision of
services or the provision of facilities for a fee. For the purposes
of
this Ordinance, the term “commercial building” shall also include an “place of
public accommodation”, as defined in 5 MRSA Subsection 4553(8), which includes any
establishment which in fact caters to, or offers
its
goods, facilities or services to, or solicits or accepts patronage from the
general public, including without limitation schools, governmental buildings, or
community service facilities.
Commercial
Timber Harvesting
- Includes pesticide application, timber stand improvement, pruning, timber
harvesting and other forest harvesting, regeneration of forest stands, the
construction, creation, or maintenance of land management roads, and other
associated activities, involving the removal of more than 50 cords of wood
annually.
Commercial
use
- the use of lands, buildings, or structures, other than a “home occupation,”
defined below, the intent and result of which activity is the production of
income from the buying and selling of goods and/or services, or the provision of
facilities for a fee exclusive of rental of residential buildings and/or
dwelling units.
Common
Shoreland Access
- The use of any shore front property to provide a point of access for the
occupants of three or more dwelling units, whether accomplished through
ownership, lease, easement, or any other arrangement.
Complete
Application
- An application shall be considered complete upon submission of the required
fee and all information required by this Ordinance, or for a plan, preliminary
or final, whichever is being submitted, or all information required after a vote
by the Planning Board to waive the submission of required information according
to appropriate Sections of this Ordinance.
Comprehensive
Plan
- Any part of the overall plan or policy for development and conservation within
the municipality as defined in Title 30 M.R.S.A., Section 4961; or as
subsequently developed pursuant to the Comprehensive Planning and Land Use
Regulation Act, Title 30-A, Section 4311 et seq; specifically, the Comprehensive Plan of
the Town of Mt. Vernon.
Community
and Service Organizations
- An association of persons for social, religious, benevolent, academic, or
recreational purposes for the promotion of some common objective, which usually
includes as an incident of membership the use of common property owned by the
organization.
Construction
Drawings
- Drawings showing the location, profile, grades, size and type of drains,
sewers, water mains, underground power and telephone ducts, pavements, cross
section of streets, miscellaneous structures, drainage easements, and similar
items.
Contiguous
Lots
- Lots which adjoin at any line or point, or are separated at any point by a
body of water less than fifteen feet wide.
Density
bonus
- The allowance for additional subdivision lots, beyond those allowed under
conventional subdivision requirements, when a clustered development is
considered.
Designed
impervious area
- the extent of land of a proposed development, measured in square feet, which
has been designed to accommodate such impervious development as structures of
any kind, roads, driveways, parking areas, concrete pads, sidewalks, patios, or
other constructed uses which would inhibit or prohibit the natural drainage or
percolation of rainwater or snow melt, or the natural, unrestricted growth of
vegetation.
Developed
Area
- Any area on which a site improvement or change is made, including buildings,
landscaping, parking areas, and streets.
Development
-
means any change caused by individuals or entities to improved or unimproved
real estate, including but not limited to the construction of buildings or other
structures; the construction of additions or substantial improvements to
buildings or other structures; mining, dredging, filling, grading, paving,
excavation, drilling operations or storage of equipment or materials; and the
storage, deposition, or
extraction of materials, public or private sewage disposal systems or
water supply facilities.
Dimensional
requirements
- numerical standards relating to spatial relationships including but not
limited to setback, lot area, shore frontage and height.
Driveway
- a vehicular access-way less than five hundred (500) feet in length serving two
lots or less.
Driveway
to a Backlot-(see
Backlot Driveway)
Dwelling
Unit
- A room or group of rooms designed and equipped exclusively for use as living
quarters for one family including provisions for living, cooking and
eating.
Electromagnetic
Interference
(EMI) - Electrical or electronic radiation that interferes with legitimate
reception/ communication, television, video, or radio controls in the radio
frequency spectrum. EMI can also be
conducted as well as radiated.
Elevated
Building
- means a non-basement building:
a. built, in the case of a building in
Zones A1-30, AE, A, A99, AO, or AH, to have the top of the elevated floor,
elevated above the ground level by means of pilings, columns, post, piers, or
“stilts;” and
b.
adequately anchored so as not to impair the structural integrity of the
building during a flood of up to one foot above the magnitude of the base
flood.
In
the case of Zones A1-30, AE, A, A99, AO, or AH, Elevated Building also includes
a building elevated by means of fill
or solid foundation perimeter walls less than three feet in height with
openings sufficient to facilitate the unimpeded movement of flood
waters.
Elevation
Certificate
- An official form (FEMA Form 81-31, 05/93, as amended)
that:
a. is used to verify compliance with
the floodplain management regulations of the National Flood Insurance Program;
and
b. is required for purchasing flood
insurance.
Emergency
operations
- operations conducted for the public health, safety or general welfare, such as
protection of resources from immediate
destruction
or loss, law enforcement, and operations to rescue human beings, property and
livestock from the threat of destruction or injury.
Enlargement
-
“Enlargement” shall mean a structural expansion which increases overall floor
area of a building or structure by 100 square feet or
more.
Erosion
and Sediment Control Plan
- A plan depicting effective soil conservation measures for the activity
proposed. This plan shall contain,
but not be limited to topographic features; types, depth, slope and extent of
soils; staging of activities; temporary and permanent erosion control measures
and facilities and guidelines for their interim and continued
maintenance.
Essential
services
- the construction, alteration or maintenance of gas, electrical or
communication facilities; steam, fuel, electric power or water transmission or
distribution lines, towers and related equipment; telephone cables or lines,
poles and related equipment; gas, oil, water, slurry or other similar pipelines;
municipal sewage lines, collection or supply systems; and associated storage
tanks. Such systems may include
towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and
police call boxes, traffic signals, hydrants and similar accessories, but shall
not include service drops or buildings which are necessary for the furnishing of
such services.
Expansion
of a structure
- an increase in the floor area or volume of a structure, including all
extensions such as, but not limited to attached: decks, garages, porches and
greenhouses.
Expansion
of use
- the addition of weeks or months to a use’s operating season; additional hours
of operation; or the use
of more floor area or ground area devoted to a particular
use.
Family
- one or more persons occupying a premises and living as a single housekeeping
unit.
Final
Plan
- The final drawings on which the Applicant’s plan of subdivision is presented
to the Planning Board for approval and which, if approved, may be recorded at
the Registry of Deeds.
Flood
or Flooding - means:
a. A general and temporary condition
of partial or complete inundation of normally dry land areas
from:
(1)The
overflow of inland or tidal waters.
(2)The
unusual and rapid accumulation or runoff of
surface
waters from any source.
b. The collapse or subsidence of land
along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature,
such as flash flood or an abnormal tidal surge, orby some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph (a)(1) of
this definition.
Flood
Elevation Study
- means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.
Flood
Insurance Rate Map
(FIRM) - means an official map of a community, on which the Administrator of the
Federal Insurance Administration has delineated both the special hazard areas
and the risk premium zones applicable to the community.
Flood
Insurance Study
_ see Flood Elevation Study.
Floodplain
or Flood-prone Area - means any land area susceptible to being inundated by
water from any source (see flooding).
Floodplain
Management
- means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management regulations.
Floodplain
Management Regulations
- means zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a floodplain Ordinance, grading
ordinance, and
erosion
control ordinance) and other applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
Floodproofing
- means any combination of structural and non_ structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, structures and
contents.
Floodway
_ see Regulatory Floodway.
Floodway
Encroachment Lines
- mean the lines marking the limits of floodways on federal, state, and local
floodplain maps.
Floor
area
- the sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls,
plus the horizontal area of any unenclosed portions of a structure such as
porches and decks.
Forest
management activities
- timber cruising and other forest resource evaluation activities, pesticide or
fertilizer application, management planning activities, timber stand
improvement, pruning, regeneration of forest stands, and other similar or
associated activities, exclusive of timber harvesting and the construction,
creation or maintenance of roads.
Foundation
- the supporting substructure of a building or other structure including but not
limited to basements, slabs, sills, posts or frost walls.
Freeboard
-
means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management.
Freeboard tends to compensate for the many unknown factors, such as wave
action, bridge openings, and the hydrological effect of urbanization of the
watershed, that could contribute to flood heights greater than the height
calculated for a selected size flood and floodway
conditions.
Freshwater
wetland
- freshwater swamps, marshes, bogs and similar areas which
are:
a. of ten or more contiguous acres; or
of less than 10 contiguous acres and adjacent to a surface water body, excluding
any river, stream or brook such that in a natural state, the combined surface
area is in excess of 10 acres; and
b. Inundated or saturated by surface
or ground water at a frequency and for a duration sufficient to support, and
which under normal circumstances do support, a prevalence of wetland vegetation
typically adapted for life in saturated soils.
Freshwater
wetlands may contain small stream channels or inclusions of land that do not
conform to the criteria of this definition.
Functionally
water-dependent uses
- those uses that require, for their primary purpose, location on submerged
lands or that require direct access to, or location in, inland waters and which
cannot be located away from these waters.
The uses include, but are not limited to commercial and recreational
fishing and boating facilities, fish processing, fish storage and retail and
wholesale fish marketing facilities, waterfront dock and port facilities,
shipyards and boat building facilities, marinas, navigation aides, basins and
channels, industrial uses dependent upon water-borne transportation or requiring
large volumes of cooling or processing water and which cannot reasonably be
located or operated at an inland site, and uses which primarily provide general
public access. For Flood Management the term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
Gravel
Pit
- The term “gravel pit” shall mean all of the land area disturbed or otherwise
involved in the excavation, processing or storage of sand, gravel, crushed stone
or soil. Gravel pits operated
and/or owned by the same person, firm or corporation and separated by less than
800 horizontal feet of undisturbed land shall be considered one and the same
gravel pit provided that all such pits and partial pits are located on the same
deeded land parcel as recorded in the Registry of Deeds, Kennebec
County.
Great
pond
- any inland body of water which in a natural state has a surface area in excess
of ten acres, and any inland body of water artificially formed or increased
which has a surface area in excess of thirty (30) acres except for the purposes
of this Ordinance, where the artificially
formed
or increased inland body of water is completely surrounded by land held by a
single owner.
Height
of a structure
- the vertical distance between the mean original grade at the downhill side of
the structure and the highest point of the structure, excluding chimneys,
steeples, antennas, and similar appurtenances which have no floor
area.
Historic
Structure
_ means any structure that is:
a. Listed individually in the National
Register of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National
Register;
b.
Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary of the Interior to qualify
as a registered historic district;
c.
Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary of
the Interior; or
d.
Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified
either:
1.
By
an approved state program as determined by the Secretary of the
Interior,
or
2.
Directly
by the Secretary of the Interior in states without approved
programs.
Home
occupation
- a commercial or industrial enterprise, the providing of a service, or the
practice of an occupation or profession which occurs wholly within the principal
residential structure, is clearly incidental and subordinate to the use of the
dwelling place as a place of residence, is
conducted
by a member or members of the immediate family and does not involve the
employment of outside employees; does not involve the outdoor storage of
materials or goods used in connection with the home occupation; does not
generate more than 10 auto trips by clients/customers in any one day; and does
not involve the alteration of the structure or premises in such a way as to
violate the residential appearance or character of the home occupation site by
use of colors, lighting, signs, the emission of sounds, odors, vibrations, the
placement or use of materials or premises layout.
Hotels/Motels
- A structure or group of structures providing lodging for a fee on a per diem
basis, and where entrance to
each room is made primarily from the outside of the building or through
an inside lobby or office.
Impervious
Area
- Impervious area is including but not limited to, a surface that is impermeable
to water, such as exposed compacted gravel, pavement, and rooftops, and prevents
the infiltration of water into the soil.
Individual
private campsite
- an area of land which is not associated with a campground, but which is
developed for repeated camping by only one group not to exceed ten
(10)
individuals and which involves site improvements which may include but not be
limited to gravel pads, parking areas, fire places, or tent
platforms.
Industrial
- The assembling, fabrication, finishing, manufacturing, packaging or processing
of goods, or the extraction of minerals.
Inns/Boarding
Houses
- A building which contains a dwelling unit occupied by an owner or resident
manager in which up to ten lodging rooms or lodging rooms and meals are offered
to the general public for compensation.
Institutional
- A building or land use devoted to some public, governmental, educational,
charitable, medical or similar purpose.
Junkyard
-“junkyard”,
as defined in 30-A MRSA subsection 3752, means a yard, field or other area used
to store:
a. Discarded, worn-out or junked
plumbing, heating supplies, household appliances and
furniture;
b. Discarded, scrap and junked
lumber;
c. Old or scrap copper, brass, rope,
rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and
other scrap ferrous or nonferrous material; and
d. Garbage dumps, waste dumps and
sanitary fills.
Light
Manufacturing: Manufacturing,
Packaging, Processing and Testing - printing or publishing plant, bottling
works, manufacturing establishment or other assembling, packaging, finishing or
processing use, provided that all operations shall be such as to confine
disturbing smoke, fumes, dust, odors, and noise to the premises and that no
operations shall constitute a hazard by reason of potential for fire, explosion,
radiation release or other casualty
Locally
Established Datum
- means, for purposes of this ordinance, an elevation established for a specific
site to which all other elevations at the site are referenced. This elevations generally not referenced
to the National Geodetic Vertical Datum (NGVD) or any other established datum
and is
used
in areas where Mean Sea Level data is too far from a specific site to be
practically used.
Lot
- A “lot” is an area of land in one ownership or one leasehold, with
ascertainable boundaries established by deed or other instrument of record, or a
segment of land ownership defined by lot boundary line on a subdivision plan
duly approved and recorded in the Kennebec County Registry of
Deeds.
Lot
area
- The area of land enclosed within the boundary lines of a lot, minus land below
the normal high-water line of a water body or upland edge of a wetland and areas
beneath roads serving more than two lots.
Lowest
Floor
- means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement area is not
considered a building’s lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation
design requirements described in Section 8(G) of this
Ordinance.
Maintenance
- Maintenance means the normal upkeep of structures and/or attachments such as
replacement of components (e.g. roofs, boards, siding, windows), painting and
cleaning. Maintenance does not
include the replacement if 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 for any purpose
for seven (7) or more contiguous or intermittent hours during any 72 hour time
period. Gatherings held at an
established and permitted permanent stadium, athletic field, arena, auditorium,
coliseum, fair ground, or other similar permanent place of
assembly
that has sufficient existing sanitary facilities to handle the expected
gathering are not considered mass gatherings.
Mean
Sea Level -
means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood
elevations shown on a community’s Flood Insurance Rate map are
referenced.
Minimum
lot width
- the closest distance between the side lot lines of a
lot.
Mineral
exploration
- hand sampling, test boring, or other methods of determining the nature or
extent of mineral resources which create minimal disturbance to the land and
which include reasonable measures to restore the land to its original
condition.
Mineral
extraction
- any operation within any twelve (12) month period which removes more than one
hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock,
peat, or other like material from its natural location and to transport the
product removed, away from the extraction site.
Mobile
Home Park
- A parcel of land under unified ownership designed for the placement of
three(3) or more mobile homes under any form of lease or rental
agreement.
Motor
Vehicle
- A “motor vehicle” shall mean any self-propelled vehicle originally
manufactured to include an engine of any kind which propels the vehicle across
the ground on wheels, tracks or any combination thereof.
Multi-Family
Dwelling
- A residential structure consisting of three or more attached dwelling
units. Any such development
containing less than five (5) dwelling units shall be considered a minor
subdivision, and any such development containing between five (5) and fourteen
(14) dwelling units shall be considered a major subdivision. Any such development containing fifteen
(15) or more units shall be considered a high impact
subdivision.
Multi-unit
residential
- see Multi-Family Dwelling
New
Construction
(Section 8 “Floodplain Mgt” only) - means structures for which the “start of
construction” commenced on or after the effective date of floodplain management
regulations adopted by a community and includes any subsequent improvements to
such structures.
Non-conforming
lot
(of record) - a single lot of record which does not meet the area, frontage, or
width requirements of the district in which it is located, but which was legally
created pursuant to the requirements of any ordinance or statute in effect at
the time of its creation.
Non-conforming
structure
- a structure which does not meet any one or more of the following dimensional
requirements; setback, height, or lot coverage, but which is allowed solely
because it was in lawful existence at the time this Ordinance or subsequent
amendments took effect.
Non-conforming
use
- use of buildings, structures, premises, land or parts thereof which is not
permitted in the district in which it is situated, but which is allowed to
remain solely because it was in lawful existence at the time this Ordinance or
subsequent amendments took effect.
Normal
high-water line
- that line which is apparent from visible markings, changes in the character of
soils due to prolonged action of the water or changes in vegetation, and which
distinguishes between predominantly aquatic and predominantly terrestrial land.
Official
Submittal Date
- The date upon which the Administrative Authority issues a receipt indicating a
complete application has been submitted.
100
Year Flood
- The highest level of flood that, on the average, is likely to occur once every
100 years (i.e., that has a one percent chance of occurring in any
year).
Open
space -
Land which remains essentially undeveloped. Certain forestry and agricultural
activities and related structures may be allowed.
Ordinary
View -
“Ordinary view” means the unaided visual access from any point within 6 feet of
ground level that a person has of an automobile graveyard or junk yard from the
immediately adjacent public road or abutting property line. Vehicles or junk shall be construed to
not be in ordinary view from a public road or abutting property line when they
are located more than 1000 feet from the abutting property lines or the
applicant has constructed a screen in accordance with Section 10(E)(10) this
Ordinance between the storage area and the public road or property
line.
Parking
Space
- A parking space is an area designated for the placement of automobiles which
is clearly marked by paint, signs, or other means, and which is of a minimum
size of 15’ in length and 8’ in width.
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.
Road
Frontage—Road(s)
frontage means the distance a lot 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.
Recent
flood plain soils
- the following soil series as described and identified by the National
Cooperative Soil Survey:
Alluvial
Cornish
Charles(Limerick)
Rumney
Fryeburg(Hadley)
Sunday
Ondawa
Podunk
Saco(Medomak)
Suncook
Winooski(Lovewell)
Recreational
facility
- a place designed and equipped for the conduct of sports, leisure time
activities, and other customary and usual recreational activities, excluding
boat launching facilities.
Recreational
vehicle
- a vehicle or an attachment to a vehicle designed to be towed, and designed for
temporary sleeping or living quarters for one or more persons, and which may
include a pick-up camper, travel trailer,
tent
trailer, camp trailer, and motor home.
In order to be considered as a vehicle and not as a structure, the unit
must remain with its tires on the ground, and must be registered with the State
Division of Motor Vehicles.
Regulatory
Floodway -
a. means
the channel of a river or other water course and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot, and
b. in
riverine areas is considered to be the channel of a river or other water coarse
and the adjacent land areas to a distance of one-half the width of the
floodplain, as measured from the normal high water mark to the upland limit of
the floodplain.
Repair
- To repair means to restore after partial destruction due to decay,
dilapidation, or injury. Repair
does not mean to totally rebuild structures or attachments including decks
and/or additions.
Replacement
System
- a Subsurface Wastewater Disposal System intended to replace 1) an existing
system which is either malfunctioning or being upgraded with no significant
change of design flow or use of the structure, or 2) any existing overboard
waste water discharge.
Residential
building
- A “residential building” is a structure designed, equipped or intended for
use, or which is in fact being used, as permanent, seasonal, or temporary living
quarters for one or more households.
Residential
dwelling unit
- a room or group of rooms designed and equipped exclusively for use as
permanent, seasonal, or temporary living quarters for only one family. The term shall include mobile homes, but
not recreational vehicles.
Restaurant/Bar
- An establishment where meals and/or beverages are prepared and served to the
public for compensation.
Re-subdivision
- The division of an existing subdivision or any change in the plan for an
approved subdivision which affects the lot lines, including land transactions by
the Applicant not indicated on the approved plan.
Right-of-Way
- A street or other area which is given legal right of passage. A public right-of-way is a way dedicated
to the use of the public (and accepted for ownership by the Town or other level
of government).
Rip-rap
- rocks irregularly shaped, and at least six (6) inches in diameter, used for
erosion control and soil stabilization, typically used on ground slopes of two
(2) units horizontal to one (10) unit vertical or less.
River
-
a free-flowing body of water including its associated flood plain wetlands from
that point at which it provides drainage for a watershed of twenty five (25)
square miles to its mouth.
Riverine
- means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
Road
-
a route or track consisting of a bed of exposed mineral soil, gravel, asphalt,
or other surfacing material constructed for or created by the repeated passage
of motorized vehicles.
Road
Bed Area
- The term “road bed area” refers to the land area which must be prepared to
accommodate the actual width of the traveled way and the road
shoulders.
Road
Frontage
- Road(s) Frontage means the distance a lot line runs parallel to an adjacent
road. When determining road
frontage properties having road frontage on both sides of a road may not add
the frontage on each side to
determine the total frontage of the property.
Service
drop
- any utility line extension which does not cross or run beneath any portion of
a water body provided that:
a.
in the case of electric service
1. the placement of wires and/or the
installation of utility poles is located entirely upon the premises of the
customer requesting service or upon a roadway right-of-way;
and
2. the total length of the extension
is less than one thousand (1,000) feet.
b.
In the case of telephone service
1. the extension, regardless of
length, will be made by the installation of telephone wires to existing utility
poles, or
2. the extension requiring the
installation of new utility poles or placement underground is less than one
thousand (1,000) feet in length.
Setback
- the nearest horizontal distance from the normal high-water line to the nearest
part of a structure, road, parking space or other regulated object or
area.
Shore
frontage
- the length of a lot bordering on a water body measured in a straight line
between the intersections of the lot lines with the shoreline at normal
high-water elevation.
Shoreland
zone
- the land area located within two hundred and fifty (250) feet, horizontal
distance, of the normal high-water line of any great pond, river; within 250
feet of the upland edge of a wetland; or within seventy-five (75) feet of the
normal high-water line of a stream.
Single-component
manufactured housing
- Manufactured housing which is constructed and transported in one (1) section
that is a habitable dwelling unit.
Special
Flood Hazard Area
_ see Area of Special Flood Hazard.
Start
of Construction
(Flood Plain)- means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, substantial improvement or other improvement was within 180 360 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. A
division accomplished by devise, condemnation, order of court, gift to a person
related to the donor by blood, marriage or adoption or a gift to a municipality,
unless the intent of that gift is to avoid the objectives of this Ordinance, or
by transfer of any interest in land to the owner of land abutting thereon, shall
not be considered to create a lot or lots for the purposes of this
Ordinance.
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. The area included in the expansion of an
existing structure is deemed to be a new structure for the purpose of this
paragraph.
In
determining whether a tract or parcel of land is divided into 3 or more lots,
the first dividing of such tract or parcel, unless otherwise exempted herein,
shall be considered to create the first 2 lots and the next dividing of either
of the first 2 lots, by whomever accomplished, unless otherwise exempted herein,
shall be considered to create a third (3rd) lot, unless both those
divisions are accomplished by a subdivider who shall have retained one of the
lots for his or her own use as a single family residence or for open space land
as defined in Title 36 MRSA, section 1102 for a period of at least 5 years prior
to that second (2nd) dividing.
A lot of at least 40 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 shore land area as
defined in Title 38 MRSA, section 435.
In
determining the number of dwelling units in a structure, the provisions
regarding the determination of the number of lots shall apply, including
exemptions from the definition of a subdivision of land.
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-subdivisions.
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 structures’s
continued designation as a historic structure.
Subsurface
sewage disposal system
- a collection of treatment tank(s), disposal area(s), holding tank(s) and
pond(s), surface spray system(s), cesspool(s), well(s), surface ditch(es),
alternative toilet(s), or other devices and associated piping designed to
function as a unit for the purpose of disposing of wastes or waste water on or
beneath the surface of the earth.
The term shall not include any waste water discharge system licensed
under 38 MRSA Section 414, any surface waste water disposal system licensed
under 38 MRSA Section 413 Subsection 1-A, or any public sewer. The term shall not include a waste water
disposal system designed to treat waste water which is in whole or in part
hazardous waste as defined in 38 MRSA (chapter 13, subchapter
1).
Surface
Gravel. The aggregate “surface gravel” shall be
screened or crushed gravel of hard durable particles free from vegetative
matter, lumps or balls of clay and other deleterious substances. The gradation of that part that passes a
2 inch square mesh sieve shall meet the following grading requirements.
Sieve Designation
% by Weight Passing Square Mesh
Sieves
½ inch
45-70%
¼ inch
30-55%
No. 40
0-20%
No. 200
0- 5%
Aggregate
for the surface shall contain no particles of rock exceeding two inches in any
dimension.
Sustained
slope
- a change in elevation where the referenced percent grade is substantially
maintained or exceeded throughout the measured area.
Temporary
Storage
- “Temporary storage” refers to a period of time not to exceed 90 days during
which a vehicle is parked at a facility being serviced or awaiting
service.
Timber
harvesting
- the cutting and removal of trees from their growing site, and the attendant
operation of cutting and skidding machinery but not the construction or creation
of roads. Timber harvesting does
not include the clearing of land for approved construction.(see commercial
Timber Harvesting)
Tract,
or Parcel, of Land
- All contiguous land in the same ownership, whether or not the tract is
separated at any point by an intermittent or non-navigable stream, or a private
road established by the abutting landowners.
Tributary
stream
- a channel between defined banks created by the action of surface water,
whether intermittent or perennial, and which is characterized by the lack of
upland vegetation or presence of aquatic vegetation and by the presence of a bed
devoid of topsoil containing water borne deposits on exposed soil, parent
material or bedrock, and which flows to a water body or wetland as defined. This definition does not include the
term “stream” as defined elsewhere in this Ordinance, and only applies to that
portion of the tributary stream located within the shore land zone of the
receiving water body or wetland.
Topsoil
Removal
- Shall mean the excavation of loam or loamy materials from an area for
placement elsewhere.
Unserviceable
Vehicle
- An “unserviceable vehicle” shall mean any motor vehicle which is wrecked,
dismantled, cannot be operated legally on any public highway or which is not
being used for the purpose for which it was manufactured
Operable farm machinery or farm vehicles shall not be considered
“unserviceable vehicles”.
Upland
edge
- the boundary between upland and wetland.
Uses
-
Any purpose for which a building or other structure or a tract of land may be
designed, arranged, intended, maintained, or occupied; also any activity,
occupation, business, or operation carried on or intended to be carried on in a
building or other structure or on a tract of land.
Variance
-
A relaxation of the terms of this ordinance where such variance would not be
contrary to the public interest where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal
enforcement of this ordinance would result in unnecessary or undue
hardship. A financial hardship
shall not constitute grounds for granting a variance.
The
required findings in order to grant a variance are:
a. That the land in question cannot
yield a reasonable return unless a variance is granted;
b. That the need for a variance is due
to the unique circumstances of the property and not to the general conditions of
the neighborhood;
c. That the granting of a variance
will not alter the essential character of the locality;
and
d. That the hardship is not the result
of action taken by the applicant or an immediately prior
owner.
Vegetation
- all live trees, shrubs, ground cover, and other plants including without
limitation, trees both over and under 4 inches in diameter, measured at 4 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 point
4.5 feet above the ground. The
basal area of a given acreage is the sum of the basal areas of the trees 4” in
diameter measured at 4.5 feet above the ground on that acreage. Basal area of an area of forest land may
be determined by conducting an inventory or by estimating from representative
plots in accordance with accepted estimated standards recognized by the Maine
Department of Conservation, Maine Forest Service.
Waterbody
- any great pond, river, stream or reservoir of standing water one acre or more
in surface area.
Water
Crossing-
any project extending from one bank to the opposite bank of a river or stream,
whether under, through, or over the water course. Such projects include but may not be
limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables
as well as maintenance work on these crossings.
Watercourse
- A watercourse is any river or stream which acts as the drainage mechanism for
watershed areas of 100 acres or more.
Wetland
- Wetlands are land areas of 10 or more
acres characterized by wetland soils and vegetation as defined by the “Federal
Manual for Identifying and Delineating Jurisdictional Wetlands” U.S.Fish &
Wildlife Service, U.S.EPA, U.S. Dept. of the Army, and U.S. SCS
1987.
Section
4. LAND USE
DISTRICTS
A.
Purpose
The purpose
of these district requirements is to implement the Town’s Comprehensive Plan and
to provide for orderly growth and development consistent with the purposes
stated in section
1.
B
Applicability
This
Ordinance applies to all land areas within the Town of Mt. Vernon. This
Ordinance also applies to any structure built on, over or abutting a dock, wharf
or pier, or other structure extending beyond the normal high-water line of a
water body or within a wetland.
C.
Establishment of Districts
1.Shoreland
Zone: all land areas within 250 feet, horizontal distance, of the normal
high-water line of any great pond or river; within 250 feet, horizontal
distance, of the upland edge of a wetland; and within 75 feet, horizontal
distance, of the normal high-water line of a stream.
The Shoreland Zone shall
include the following Districts:
Resource Protection
District
The Resource
Protection District includes areas in which development would adversely affect
water quality, productive habitat,
biological ecosystems, or scenic and natural values. This district shall include the following
areas when they occur within the limits of the shoreland zone, exclusive of the
Stream Protection District, except that areas which are currently developed and
areas which meet the criteria for the Village District need not be included
within the Resource Protection District.
a.
Areas
within 250 feet, horizontal distance, of the upland edge of wetlands, and
wetlands associated with great ponds and rivers, which are rated “moderate” or
“high” value wildlife habitat by Maine Department of Inland Fisheries and
Wildlife (MIFW) as of January 1, 1973, or thereafter.
b.
Flood
plains along rivers and flood plains along artificially formed great ponds along
rivers, defined by the 100 year flood plain as designated on the Federal
Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps or Flood Hazard
Boundary Maps, or the flood of record, or in the absence of these, by soil types
identified as recent flood plain soils.
c.
Within
the Shoreland Zone, areas of two or more contiguous acres with sustained slopes
of 20%(2ft. vertical rise over a 10ft.horizontal distance) or
greater.
D.
Within
the Shoreland Zone, areas of two (2) or more contiguous acres supporting wetland
vegetation and hydric soils, which are not part of a wetland as defined, and
which are not surficially connected to a water body during normal spring high
water.
E.
Land areas along rivers subject to severe bank erosion undercutting, or river
bed movement.
Limited
Residential District
The
Limited Residential District includes those areas suitable for residential and
recreational development. It
includes areas other than those in the Resource Protection District, or Stream
Protection District, and areas which are used less intensively than those in the
Limited Commercial District.
Stream
Protection District
The
Stream Protection District includes all land areas within seventy-five (75)
feet, horizontal distance, of the normal high-water line of a stream, exclusive
of those areas within two-hundred and fifty (250) feet, horizontal distance, of
the normal high-water line of a great pond or river, or within two hundred and
fifty (250) feet, horizontal distance, of the upland edge of a wetland. Where a stream and its associated
shoreland area is located within two hundred and fifty (250) feet, horizontal
distance, of the above water bodies or wetlands, that land area shall be
regulated under the terms of the shoreland district associated with that water
body or wetland.
2. Village
District
All
the land described by the following property tax map descriptions:
Map
U4:Lots3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21, 22,23,24,25 and 26:
Map U5:Lot1,1A,2,3,4 5,7,9,10,11,12,13, 14,15,17,18,21,22 and 22A Map U-6:Lots
2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19A,20,21,22,24,25,26,27,28,30,31,32
and 33
3. Rural District
All
areas of Mount Vernon not within the Shoreland Zone or Village District, or the
Limited Commercial District.
4. Limited Commercial
Distric
All
land described by the following property tax map
descriptions:
Map
R-10: Lots 8,72,73,10,12,13,16,18, parts of Lot 11 & 14 not in the Shoreland
Zone: Map R-3: Lots 10,11,12,13,14: Map U-3: Lot 2 north of lot 2A: Map U-2: Lot
1
D.
Districts and Zoning Map
1. Official Land Use
Map
The
areas to which this Ordinance is applicable are hereby divided into the
following districts as shown on the Official Land Use Map which is made a part
of this Ordinance:
1. Resource
Protection
2. Limited
Residential
3. Village
District
4. Stream
Protection
5. Rural
District
6.
Limited
Commercial
2. Scale
of Map
The
Official Land Use Map shall be drawn at a scale of not less than: 1 inch = 2000
feet. District boundaries shall be
clearly delineated and a legend indicating the symbols for each district shall
be placed on the map.
3. Certification
of Official Land Use Map
The
Official Land Use Map shall be certified by the attested signature of the Town
Clerk and shall be located in the town office.
4. Changes to the Official Zoning
Map
If
amendments, in accordance with Section 1(H), are made in the district boundaries
or other matter portrayed on the Official Land Use Map, such changes shall be
made on the Official Shoreland Map within thirty (30) days after the amendment
has been approved by the Town Meeting or the Department of Environmental
Protection, if applicable.
E.
Interpretation of District Boundaries:
Unless
otherwise set forth on the Official Land Use Map, district boundary lines are
property lines, the centerlines of streets, roads and rights of way, and the
boundaries of the shoreland area as defined herein. Where uncertainty exists as to the exact
location of district boundary lines, the Mt. Vernon Board of Appeals shall be
the final authority as to location.
F.
Table of Land Uses:
All
land use activities, in the Town of Mount Vernon shall conform to the provisions
of Table 1. In addition, land uses
in the Shoreland Zones, the Village District and the Rural District, shall conform
with all of the applicable land use standards in any section of this
Ordinance. The district designation
for a particular site shall be determined from the Official Land Use
Map.
Key to
Table 4-1:
Yes -
Allowed (no permit required but the use must comply with all applicable land use
standards)
No -
Prohibited
PB -
Requires approval by the Planning Board prior to the CEO issuing a
permit
CEO -
Requires permit issued by the Code Enforcement Officer
LPI -
Requires permit issued by the Local Plumbing Inspector
Abbreviations:
RP -
Resource protection
LR - Limited
Residential
LC - Limited
Commercial
SP - Stream
Protection
VD - Village
District
RD - Rural
District
TABLE 4-1.
|
|
|
|
|
|
|
|
|
LAND
USES |
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 vegitation 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. Emergencey
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
12 |
PB
9 |
|
F. Small non-residential facitities
for educational |
|
|
|
|
|
|
|
scientific, or nature interpretation
purposes |
PB |
PB
4 |
PB |
CEO/BI |
CEO |
PB
9 |
|
16. Stuctures
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 |
PB
6 |
PB
6 |
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 |
no
7 |
PB |
PB |
PB |
|
26. Road
& driveway construction |
PB |
PB |
no
8 |
PB |
PB
11 |
PB |
|
27.
Parking
facilities |
PB |
no |
no
7 |
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 |
CEO |
|
34. Uses
similar to uses requiring a PB permit |
PB |
PB |
PB |
PB |
PB |
PB |