TOWN OF SEARSMONT, MAINE

Section 200 - Administration

201 Planning Board

201.1 Establishment.

Pursuant to Art. VIII, Pt.2, Sec. 1 of the Maine Constitution and 30-A MRSA Sec. 3001, the Town of Searsmont hereby establishes a Planning Board. The Board which has been acting as a planning board for the Town of Searsmont hereby reestablished as the planning board for the purposes of this ordinance and the actions which it has taken prior to the adoption of this ordinance are hereby declared to be the acts of the legally constituted Planning Board of the Town of Searsmont.

201.2 Composition.

The Board shall consist of 7 voting members, all of whom shall be elected by the voters from the floor at the annual Town Meeting , The term of the 7 elected members shall be staggered 3-year terms. Those Board members currently serving shall finish their terms.

201.3 Organization and Rules.

A. The Board shall elect a chairperson and a secretary from among its members and create and fill such other offices as it may determine. The term of all offices shall be 1 year with eligibility for re-election.

B. Any question of whether a member shall be disqualified from voting on a particular matter shall be decided by a majority vote of the members except the member who is challenged.

C. A majority of the Board shall constitute a quorum for the purposes of conducting business.

D. A majority of the quorum may take legally binding action for the Board.

E. The Board shall adopt rules for transaction of business and the Secretary shall keep a record of its resolutions, transactions, correspondence, findings and determinations. All records shall be deemed public and may be inspected at reasonable times.

201.4 Duties; Powers.

A. The Board, and/or the Code Enforcement Officer, shall issue permits and perform such duties and exercise such powers as are provided by town ordinance and the laws of the State of Maine.

B. The Board may obtain goods and services necessary to its proper function within the limits of appropriations made for the purpose.

C. The Planning Board is hereby authorized to establish a schedule of fees, which must be paid by an applicant for any building permit, zoning permit, subdivision approval or other land use permit required by the town. The Board is also authorized to establish a schedule of late fees to be paid be a person who fails to file an application until after the work commenced. The Board shall revise these fees as needed.

201.5 Records

The Planning Board Secretary shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied by the Appeals Board, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a bi-annual basis, a summary of this record shall be submitted to the Director of the Bureau of Land Quality Control within the Department of Environmental Protection, when the transaction applies to Shoreland Zoning.

202 Board of Appeals

202.1 Establishment

A Board of Appeals has been created in accordance with the provisions of Title 30-A, MRSA Section 2691.

202.2 Composition and Appointment

The Board of Appeals shall consist of five members who shall be elected by the voters, from the floor at the annual Town Meeting, who shall serve staggered terms of three years and two alternate members who shall be appointed by the Selectmen and serve for a three year term.

202.3 Organization and Rules.

A. The Board of Appeals shall keep minutes of its proceedings, recording the vote of each member on all matters coming before the Board. The minutes of the Board, and all correspondence, shall be a public record.

B. Three members of the Board shall constitute a quorum for conducting a meeting and taking action.

202.4 Powers and Duties of the Board of Appeals

The Board of Appeals shall have the following powers:

A. Administrative Appeals

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the administration of this ordinance.

B. Variance Appeals

To authorize variances upon appeal, within the limitations set forth in this ordinance.

202.5 Variance Appeals

Variances may be permitted only under the following conditions:

A. Variances may be granted only from dimensional requirements including but not limited to, lot width, structure height, percent of lot coverage, and setback requirements.

B. Variances shall not be granted for establishment of any uses otherwise prohibited by this ordinance.

C. The Board shall not grant a variance unless that it finds:

1. The proposed structure or use would meet the provisions of Section 700 and/or Section 900 except for the specific provision which has created the non-conformity and from which relief is sought; and

2. The strict application of the terms of this Ordinance would result in undue hardship.

The term “undue hardship” shall mean:

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 in 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 a prior owner.

D. The Board of Appeals shall limit any variances granted as strictly as possible in order to insure conformance with the purposes and provisions of this ordinance to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.

E. A copy of all variances in the Shoreland Districts granted by the Board of Appeals shall be submitted to the Commissioner of the Department of Environmental Protection within fourteen (14) days of the decision.

202.6 Records

The Appeals Board Secretary shall keep a complete record of all essential transactions of the office, including variances granted or denied, revocation actions, revocation of permits, appeals, court actions and fees collected. On a quarterly basis, a summary of this record shall be submitted to the Secretary of the Planning Board.

203 Code Enforcement

203.1 Appointment

The Selectmen shall appoint or reappoint a Code Enforcement Officer annually by July 1st.

203.2 Nuisances

Any violation of this ordinance shall be deemed a nuisance.

203.3 Enforcement

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this ordinance. If the Code Enforcement Officer shall find that any provision of this ordinance is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings, or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the municipal officers and be maintained as a permanent record.

203.4 Inspections and Investigations

The Code Enforcement Officer shall conduct on-site inspection to insure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this ordinance.

203.5 Legal Actions

When the above action does not result in the correction or abatement of the violation or nuisance condition, the Municipal Officers, upon notice from the Planning Board or CEO, are hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this ordinance in the name of the municipality.

203.6 Fines

Any person who continues to violate any provisions of this ordinance after receiving notice of such violation shall be guilty of a civil violation subject to a fine as provided in 30-A MRSA Section 4452(3). Any fines shall be recovered for the use of the municipality.

Any person, firm, corporation, or other legal entity who conveys, offers or agrees to convey any land in a subdivision which has not been approved as required by these regulations shall be punished by a fine of not less than $100, and not more than $2,500 for each such conveyance, offering or agreement. The Municipality may institute proceedings to enjoin the violation of this section, and may collect attorney's fees and court costs if it is the prevailing party.

203.7 Records

The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including inspections, violations investigated, violations found, and violation and remedy notices. Copies of this record shall be submitted to the Secretary of the Planning Board and be maintained as a permanent record.

Section 300 - Definitions

Unless specifically defined below, words and phrases used in this Ordinance shall have the same meaning as they have at common law and 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.

Abutters

The owner of any property with one or more common boundaries, or across the street or stream from the property involved in an application or appeal.

ACCESSORY APARTMENT

A small self-contained second living unit which is built into or attached to an existing single-family dwelling or an existing garage or barn and which has one bedroom and its own kitchen.

Accessory structure or use

A use or structure 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 part of the principal structure.

Adjacent Grade

The natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

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.

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 greenhouse products. Agriculture does not include forest management and timber harvesting activities.

Alterations

Any change or modification in construction, or change in the structural members of a building or structure such as bearing walls, columns, beams, or girders, or in the use of a building. The term shall also include change, modification, or addition of a deck, dormer, staircase, or roof of the building.

Amendment or Addition to Approved Site Plans

Any new projects or expansions proposed within a previously approved Site Plan.

Amusement Facility

Any private, commercial premises, which are 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 through remote control by the management.

Animal Breeding or Care

The keeping or raising of four or more animals, including domestic animals and pets, for any commercial use. This definition also includes kennels.

Aquaculture

The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.

Area of Special Flood Hazard

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 Rate Map or Flood Hazard Boundary Map cited in Section 1200 of this ordinance.

Authority

The Selectmen of the Town of Searsmont, Waldo County, Maine.

Authorized Agent

An individual or a firm having written authorization to act on behalf of a property owner. The authorization shall be signed by the property owner(s).

Automobile Repair Shop

A business establishment engaged in general repair, engine rebuilding, or parts replacement. Automotive repair shall not mean body, frame, or fender straightening and repair or painting and undercoating, nor the sale of gasoline, other motor fuels or motor oil.

Automobile Graveyard, Junkyard

A yard, field or other area used to store 3 or more unserviceable, discarded, worn-out or junked motor vehicles as defined in Title 29-A, MRSA section 101, subsection 42, or parts of such vehicles.

A. "Automobile graveyard" does not include any area used for temporary storage by an establishment or place of business that is primarily engaged in doing auto body repair work to make repairs to render a motor vehicle serviceable.

B. "Automobile graveyard" includes an area used for automobile dismantling, salvage and recycling operations.

Back Lot

A parcel of land which does not have any frontage on a Town accepted road.

Base Flood

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

Basement

Any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below existing ground level.

Bed and Breakfast

Any dwelling in which transient lodging or boarding and lodging are provided and offered to the public by the owner for compensation for less than one week. This dwelling shall also be the full-time, permanent residence of its owner; otherwise, it shall be classified as a hotel/motel. There shall be no provisions for cooking in any individual guestroom.

Boarding, Lodging Facility

Any residential structure where lodging and/or meals are provided for compensation for a period of at least one week, and where a family residing in the building acts as proprietor or owner. When the criteria for a family residing in the building cannot be met, the building shall be classified as a hotel/motel. There shall be no provisions for cooking in any individual guestroom.

Boat Launching Facility

A facility designated primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.

Breakaway Wall

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.

Buffer strip

A strip of land of designated width along the property line separating a neighboring lot designed to minimize the noise and light of different land uses by means of a stockade fence or a dense planting of shrubbery.

Building

see Structure.

Business and Professional Offices

The place of business of doctors, lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychiatrists, counselors, and the like or in which a business conducts its administrative, financial or clerical operations including banks and other financial services, but not retail sales nor activities utilizing trucks as part of the business operation.

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.

Cemetery

Property used for the interring of the dead.

Certificate of Compliance

A document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of this Ordinance.

CHANGE OF USE

A change in the type or intensity of business use of an existing structure or on a property. For example, a gift shop to a restaurant is a change of use. One gift shop to another gift shop is not a change of use, provided the intensity of use is unchanged. Intensity of use is assessed by the Planning Board Based on conditions such as operating hour’s, noise, lighting, customer traffic, and all other standards listed in the Site Plan Review section of this ordinance.

Church

A building or structure, or group of buildings or structures, designed, primarily intended and used for the conduct of religious services.

Civic, Convention Center

A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, convention and entertainment facilities owned and/or operated by a governmental agency.

Cluster Development or Subdivision

A development consisting exclusively of residential dwelling units, planned, developed as a whole or in a programmed series of developments, and controlled by one developer on a tract of 5 or more lots which contemplates an innovative, more compact grouping of dwelling units, with efficient use of land; a reduction in the size of road and utility systems; the creation of permanent, common open space owned in common by lot/unit owners, the Town, or a land conservation organization; and the permanent retention of the natural characteristics of the land.

Code Enforcement Officer

Any person or board responsible for performing the inspection, licensing, and enforcement duties required by a particular statute or ordinance.

Commercial Recreation

Any commercial enterprise which receives a fee in return for the provision of some recreational activity including but not limited to: campgrounds, racquet and tennis clubs, health facility, amusement parks, golf courses, gymnasiums and swimming pools etc., but not including bowling alleys or amusement facilities, as defined herein.

Commercial School

An institution which is operated for profit, but is not authorized by the State to award baccalaureate or high degrees, which offers classes in various skills, trades, professions, or fields of knowledge.

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 exclusive of rental of residential buildings and/or dwelling units.

Community Center

A building which provides a meeting place for local, nonprofit community organizations on a regular basis. The Center shall not be engaged in activities customarily carried on by a business.

Complete Application

An application shall be considered complete upon submission of the required fee and all information required by these regulations for a Final Plan, or by a vote by the Board to waive the submission of required information. The Board shall issue a receipt to the applicant upon its determination that an application is complete.

Comprehensive Plan or Policy Statement

Any part or element of the overall plan or policy for development of the municipality as defined in Title 30-A MRSA, Section 4301.

Conforming

A building, structure, use of land, or portion thereof, which complies with the provisions of this Ordinance.

Congregate Housing

Residential housing consisting of private apartments and central dining facilities and within which a congregate housing supportive services program serves functionally impaired elderly or disabled occupants; the individuals are unable to live independently yet do not require the constant supervision or intensive health care available at intermediate care or skilled nursing facilities. Congregate housing shall include only those facilities which have been certified by the State of Maine as meeting all certification standards and guidelines for congregate housing facilities as promulgated by the Department of Human Services pursuant to the provisions of Maine State Statutes.

Constructed

Built, erected, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like, shall be considered a part of construction.

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.

Day Care

Homes and Centers licensed as such by the Maine Department of Human Services.

Density

The number of dwelling units per area of land.

Developed Areas

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

Development

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.

District

A specified portion of the municipality, delineated on the land use map, within certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

Driveway

A vehicular access-way serving two dwelling units or less.

Dwelling

Any building or structure or portion thereof designed or used for residential purposes.

1. Single-Family Dwelling- Any structure containing only one (1) dwelling unit for occupation by not more than one (1) family.

2. Two-Family Dwelling- A building containing only two (2) dwelling units, for occupation by not more than two (2) families.

3. Multi-Family Dwellings- A building containing three (3) or more dwelling units, such buildings being designed exclusively for residential use and occupancy by three (3) or more families living independently of one another, with the number of families not exceeding the number of dwelling units.

4. Dwelling Unit- A room or suite of rooms used by a family as a habitation which is separate from other such rooms or suites of rooms, and which contains independent living, cooking, sleeping, bathing, and sanitary facilities.

Dwelling Unit

See Dwelling.

Elevated Building

A non basement building:

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

2. 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, on the Floodplain Map, “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:

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

2. 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.

Essential Services

Facilities for the transmission or distribution of water, gas, electricity or essential communications or for the collection, treatment or disposal of wastes, including without limitation, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories but not buildings.

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.

Extractive Industries

The excavation, processing or storage of soil, topsoil, peat, loam, sand, gravel, rock or other mineral deposits, not including:

1. The excavation of material incidental to and at the site of approved construction of buildings, driveways or parking areas;

2. The excavation of material incidental to and at the site of construction or repair of streets; and

3. The excavation, processing or storage of less than ten (10) cubic yards of material on a lot within a one year period.

Family

One or more persons occupying a premises and living as a single housekeeping unit.

Fill

Depositing or dumping any matter on, or into the ground or water.

Filling

Depositing or dumping any matter on or into the ground or water.

Final Plan

The final drawings on which the applicant's plan of subdivision is presented to the Board for approval and which, if approved, may be recorded at the Registry of Deeds.

Flood or Flooding

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

a. The overflow of inland or tidal waters.

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

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

Flood Insurance Rate Map (FIRM)

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 Plain Floodplain or Flood-prone Area

The lands area susceptible to being inundated by water from any source (see definition of “flooding”).

Floodplain Management

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

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.

Flood proofing

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

The lines marking the limits of flood ways on federal, state, and local floodplain maps.

Floor Area

The sum of the horizontal area 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.

Forestry

The operation of timber tracks, tree farms, forest nurseries, the gathering of forest products, or the performance of forest services.

Foundation

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

Freeboard

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

Non-forested freshwater swamps, marshes, bogs, and similar area which are:

1. of ten or more contiguous acres; or 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

2. 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.

Frontage, Road

The horizontal, straight-line distance between the intersections of the side lot lines with the road right-of-way.

Frontage, Shore

See Shore Frontage.

Functionally water-dependent Use

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities or port facilities that are necessary for the loading and unloading of cargo or passengers, ship building and ship repair facilities, and retaining walls, but does not include long-term storage or related manufacturing facilities, recreational boathouses or recreational boat storage buildings.

Garage

An accessory building, or part of a principal building, including a carport, used primarily for the storage of motor vehicle, regardless of any other business on the premises.

Gasoline Service Station

Any place of business at which gasoline, other motor fuels or motor oil are sold to the public for use in a motor vehicle, regardless of any other business on the premises.

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.

Great Pond classified GPA

Any great pond, pursuant to Title 38, Article 4-A, Section 465-A. This classification includes some, but not all impoundments of rivers that are defined as great ponds.

Hardship

See Undue Hardship.

Hazardous Material

Any gaseous, liquid or solid materials, either in pure form or incorporated into other materials, designated as hazardous by the Maine Department of Environmental Protection.

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.

High Intensity Soil Survey

A map prepared by a Certified Soil Scientist, identifying the soil types down to 1/10 acre or less at a scale equivalent to the subdivision plan submitted. The soils shall be identified in accordance with the National Cooperative Soil Survey. The map shall show the location of all test pits or auger samples used to identify the soils, and shall be accompanied by a log of each sample point identifying the depth to seasonal high water table or bedrock at that point. Single soil test pits and their evaluation for suitability for subsurface wastewater disposal systems shall not be considered to constitute high intensity soil surveys.

Historic Structure

Any structure that is:

1. 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;

2. 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;

3. 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

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

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

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

Holding tank

A closed, watertight structure designed and used to receive and store wastewater or septic tank effluent. A holding tank does not discharge wastewater or septic tank effluent to surface or ground water or onto the surface of the ground. Holding tanks are designed and constricted to facilitate ultimate disposal of wastewater at another site.

Home Occupation

An occupation or profession which is customarily conducted on or in a residential structure or property and which is

1. clearly incidental to and compatible with the residential use of the property and surrounding residential uses; and

2. which employs no more than two (2) persons other than family members residing in the home.

Hospital

An institution providing, but not limited to, overnight health services, primarily for inpatients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central services facilities, and staff offices.

Hotel/Motel

A commercial building or group of buildings built to accommodate for a fee travelers and other transient guests who are staying for a limited duration with sleeping rooms without cooking facilities, each rental unit having its own private bathroom and its own separate entrance leading either to the outdoors or to a common corridor or hallway. A hotel may include restaurant facilities where food is prepared and meals served to its guests and other customers.

IMPERVIOUS SURFACE

The total area of a parcel that consists of building and associated constructed facilities or areas that will be covered with a low-permeability material, such as asphalt or concrete, and areas such as gravel roads and unpaved parking areas that will be compacted through design or use to reduce their permeability. Common impervious areas include, but are not limited to, rooftops, driveways, parking lots, concrete or asphalt paving, gravel roads, and macadam or other surfaces which similarly impede the natural infiltration of storm water.

Improved property

Any property within the municipality upon which there is a structure intended for continuous or periodic habitation, occupancy, or use by humans or animals and from which structure waste water shall or may be discharged.

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.

Industrial Park of Development

A subdivision in an area zoned exclusively for industrial uses, or a subdivision planned for industrial uses and developed and managed as a unit, usually with provision for common services for the users.

IN-LAW APARTMENT

See Accessory apartment.

INTERMITTENT STREAM

Any stream mapped as intermittent on the United States Geological Survey Topographical Maps. Any streams not shown on USGS maps, consult Code Enforcement Officer.

Kennel

An establishment in which more than four (4) dogs or four (4) cats are sold, housed, bred, boarded, or trained for a fee.

Level of Service

A description of traffic conditions along a given roadway or at an intersection ranging from A, which is best, to F which is worst. It reflects factors such as speed, travel time, freedom to maneuver, traffic interruptions and delay.

Locally Established Datum

For purposes of this ordinance, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is 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

See Lot of Record.

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.

Lot, Corner

A lot with at least two contiguous sides abutting upon a street or right-of-way.

Lot, Coverage

The percentage of a lot covered by all buildings.

Lot Lines

The lines bounding a lot as defined below:

1. Front Lot Line-Interior lots

the line separating the lot from the street right-of-way.

Corner Lot or through Lot

The line separating the lot from either street right-of-way. Where a right-of-way does not exist or cannot be determined, the front lot line shall be the edge of the paved or graveled area of the road.

2. Rear Lot Line

The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension.

3. Side Lot Line

Any lot line other than the front lot line , or the rear lot line.

Lot, Minimum Area

The required lot area within a district for a single use. The lot area shall be determined on the basis of the “Net Residential Acreage Calculation,” contained in the Performance Standards section of this Ordinance.

Lot of Record

A parcel of land, a legal description of which, or the dimensions of which are recorded on a document or map on file with the County Register of Deeds.

Lot width

The distance between the side boundaries of the lot measured at the front setback line.

Lowest Floor

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