Section 100 — Authority, Purpose and Applicability

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.

Basal Area

The area of cross-section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.

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.

BUREAU

State of Maine Department of Conservation’s Bureau of Forestry

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.

Canopy

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

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.

Cross-sectional area

The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream channel to the bottom of the channel.

Day Care

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

DBH

The diameter of a standing tree measured 4.5 feet from ground level.

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

A change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring

Dimensional requirements

numerical standards relating to spatial relationships including but not limited to setback, lot area, shore frontage and height.

DISABILITY

Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.

DISRUPTION OF SHORELINE INTEGRITY

The alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross-section, and in the case of flowing waters, a profile and character altered from natural conditions.

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 less than five hundred (500) feet in length serving two single-family dwellings or one two-family dwelling, 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 group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time-period rented. Recreational vehicles are not residential dwelling units.

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

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 one or more months to a use's operating season; 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.

FORESTED WETLAND

An area dominated by woody vegetation that is six (6) meters tall (approximately twenty (20) feet) or taller that is 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.

Forested wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

FOREST STAND

A contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit.

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, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar material.

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

Freshwater swamps, marshes, bogs, and similar area, other than forested wetlands, 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

Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and that can not be located away from these waters. The uses include, but are not limited to commercial and recreational fishing and boating facilities (excluding recreational boat storage buildings), finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, retaining walls, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that can not reasonably be located or operated at an inland site, and uses that primarily provide general public access to inland waters.

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 38 M.R.S.A., Article 4-A, Section 465-A. This classification includes some, but not all impoundments of rivers that are defined as great ponds.

GROUND COVER

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

Hardship

See Undue Hardship.

HARVEST AREA

the area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest.

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 (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that 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.

INCREASE IN NONCONFORMITY OF A STRUCTURE

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

Individual Private Campsite

An area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to a gravel pad, parking area, fire place, or tent platform.

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.

Institutional

A non-profit or quasi-public use, or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.

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.

Land Management Road

A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.

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.

Licensed Forester

A forester licensed under 32 M.R.S.A. Chapter 76.

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 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 Article VI of this ordinance.

Manufactured Home

See Mobile Home.

Manufactured Home Park or Subdivision

See Mobile Home Park.

Manufactured Housing

See Mobile Home.

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, bait 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 the prevailing price levels.

Meadow, Freshwater

An area of moist, low lying grassland often along a water course or an area of open swampy or marshy land predominantly in grass.

Mean Sea Level

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate map are referenced.

MINIMUM LOT WIDTH

The closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.Mineral Exploration

Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

Mineral Extraction

Any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and to transport the product removed, away from the extraction site.

Minor field change

Any change due to field conditions during the execution of an approved site plan that does not change the essential nature of the project or adversely affect compliance with review standards, criteria or conditions of approval.

Mobile Home

1. A structure unit or units designed for occupancy and constructed in a manufacturing facility and transported, by the use of its own chassis or an independent chassis, to a building site. The term includes any type of building which is constructed at a manufacturing facility and transported to a building site where it is used for housing and may be purchased or sold by a dealer in the interim.

2. Those units constructed after June 15, 1976 commonly called “newer mobile homes,” which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures, transportable in one or more sections, which, in the traveling mode, are 14 body feet or more in width and are 750 or more square feet, and which are built on a permanent chassis and designed to be used as dwellings without permanent foundations, when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein; except that the term shall include any structure which meets all requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, United States Code, Title 42, Section 5401, et. seq.

3. Excluded are travel trailers, units not suitable for year round occupancy and mobile homes that do not meet minimum safety standards for occupancy as principal residences.

4. For floodplain management purposes the term mobile or manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

Mobile Home Park

A parcel of land under unified ownership approved by the municipality for the placement of 3 or more mobile homes for permanent residential use.

Mobile Home Park Lot

The area of land on which an individual home is situated within a mobile home park and which is reserved for use by the occupants of that home. The municipality requires lots to be designated on a mobile home park plan.

MOTORIZED VEHICLE RACE TRACK OR DRAG STRIP

Any development where contests of speed, power or endurance occur between mechanical apparatus (such as: cars,

trucks, motorcycles) that carry a driver on or within the apparatus. This is not intended to include exhibitions of

vehicles such as antique cars/trucks/motorcycles or antique tractors.

Multi-unit residential

See “Multi-Family Dwellings” in the definition of Dwelling.

Municipality

The Town of Searsmont, Waldo County, Maine.

NATIVE

Indigenous to the local forests.

Neighborhood “Convenience” Stores

A store of less than 1,500 square feet of floor space intended to service the convenience of a residential neighborhood primarily with the sale of merchandise, including such items as, but not limited to, basic foods, newspapers, emergency home repair articles, and other household items, but not to include “sit-down” dining or “eat-in” foods to take out windows.

Net Acreage or Net Residential Acreage

The total area of a lot or lots which is useable for determining allowable densities, as set forth in the Net Acreage Calculations standard contained in the Performance Standards sections of this Ordinance.

Net Residential Density

The number of dwelling units per net acreage.

New Construction

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 CONDITION

Non-conforming lot, structure or use which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendment took effect.

NON-CONFORMING LOT

A single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area, frontage, or width requirements of the district in which it is located.

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 allowed 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. In the case of freshwater wetlands adjacent to rivers and great ponds, the normal high-water line is the upland edge of the wetland, and not the edge of the open water. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river or great pond

Nursing Home

A privately operated establishment where maintenance and personal or nursing care are provided for persons who are unable to care for themselves.

Official Submittal Date

The date upon which the Board issues a receipt indicating a complete application has been submitted.

100-year flood

see Base Flood.

Owner

Any person vested with ownership, legal or equitable, sole or partial, or any property located in the municipality.

Parking Space

A parking space will normally be considered to be ten (10) feet wide and twenty (20) feet long.

Parks and Recreation

Non-commercially operated recreation facilities open to the general public including, but not limited to playgrounds, parks, monuments, green strips, open space, mini-parks, athletic fields, boat launching ramps, piers and docks, picnic grounds, swimming pools, and wildlife and nature preserves, along with any necessary accessory facilities, rest rooms, bath houses, and the maintenance of such land and facilities. The term shall not include campgrounds, or commercial recreation and amusement centers.

Permitted Use

Uses which are listed as permitted uses in the various districts set forth in this Ordinance. The term shall not include prohibited uses.

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

1. Temporary

Structures which remain in or over the water for less than seven (7) months in any period of twelve (12) consecutive months.

2. Permanent →

Structures which remain in or over the water for seven (7) months or more in any period of twelve (12) consecutive months.

Planned Unit Development

A development controlled by a single developer for a mix of residential, commercial, and industrial uses. A PUD is undertaken in a manner that treats the developed areas in its entirety to promote the best use of land, including the creation of open space, a reduction in the length of road and utility systems, and the retention of the natural characteristics of the land.

Planning Board

The Planning Board of the Town of Searsmont.

Preliminary Subdivision Plan

The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the 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 Right-Of-Way

See Right-of-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 and Private Schools

Primary and secondary schools, or parochial schools, which satisfy either of the following requirements:

1. the school is not operated for a profit or as a gainful business; or

2. the school teaches courses of study which are sufficient to qualify attendance in compliance with State compulsory education requirements.

Public Utility

Any person, firm, corporation, municipal department, board or commission authorized to furnish gas, steam, electricity, waste disposal, communication facilities, transportation or water to the public.

Recent flood plain soils

The following soil series as described and identified by the National Cooperative Soil Survey:

Fryeburg Hadley Limerick

Lovewell Medomak Ondawa

Alluvial Cornish Charles

Podunk Rumney Saco

Suncook Sunday Winooski

Recording Plan

A copy of the Final Plan which is recorded at the Registry of Deeds and which need not show information not relevant to the transfer of an interest in the property such as sewer and water line locations and sizes, culverts, and building lines.

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

The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height.

Replacement System

A 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 wastewater discharges.

Residential Dwelling Unit

See definition of “Dwelling Unit” under Dwelling.

RESIDUAL BASAL AREA

The average of the basal area of trees remaining on a harvested site.

RESIDUAL STAND

A stand of trees remaining in the forest following timber harvesting and related activities

Restaurant

An establishment where meals are prepared and served to the public for consumption on the premises entirely within a completely enclosed building; and where no food or beverages are served directly to occupants of motor vehicles or directly to pedestrian traffic from an exterior service opening or counter, or any combination of the foregoing; and where customers are not permitted or encouraged by the design of the physical facilities, by advertising, or by the servicing or packaging procedures, to take food or beverage for consumption outside the enclosed building.

Resubdivision

The division of an existing subdivision or any change in the plan for an approved subdivision which effects the lot lines, including land transactions by the subdivider not indicated on the approved plan.

Retail Business

A business establishment engaged in the sale, rental, or lease of goods or services to the ultimate consumer for direct use of consumption and not for resale.

Right-of-way

1. All public or private roads and streets, State and Federal highways, private ways (now called public easements), and public land reservations for the purpose of public access, including utility rights-of-way.

2. A vehicular or pedestrian access way serving no more than two dwelling units which is not proposed to be dedicated to the Town.

Riprap

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 (1) 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

relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Road

An existing State, County, or Town way or a street dedicated for public use and shown upon a plan duly approved by the Planning Board and recorded in the County Registry of Deeds or a road dedicated for public use and shown on a plan duly recorded in the County Registry of Deeds prior to the establishment of the Planning Board and the grant to the Planning Board of its power to approve plans. The term shall also include private, undedicated roads which are described in a recorded document. The term “road” shall not include those ways which have been discontinued or abandoned. In the Shoreland Zone, a road is defined as 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, excluding a driveway as defined.

SCENIC RESOURCE

That specific location, view, or corridor, as identified as a scenic resource in the municipally adopted comprehensive plan, this ordinance, or by a State or federal agency, that consists of:

1) a three dimensional area extending out from a particular viewpoint on a public way or within a public recreational area, focusing on a single object, such as a mountain, resulting in a narrow corridor, or a group of objects, such as a downtown skyline or mountain range, resulting in a panoramic view corridor; or

2) lateral terrain features such as valley sides or woodland as observed to either side of the observer, constraining the view into a narrow or particular field, as seen from a viewpoing on a public way or within a public recreational area.

Self-Service Storage Facility

A building or group of buildings consisting of individual, small self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.

Service Drop

Any utility line extension which does not cross or run beneath any portion of a water body provided that:

1. in the case of electric service

a. 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

b. the total length of the extension is less than one thousand (1,000) feet.

2. in the case of telephone service

a. the extension, regardless of length, will be made by the installation of telephone wires to existing utility poles, or

b. the extension requiring the installation of new utility poles or placement underground in less than one thousand (1,000) feet in length.

Setback

The minimum horizontal distance from a lot line or from the normal high-water line of a water body or tributary stream, or upland edge of a wetland, to the nearest part of a structure or building (including porches, steps, and railings), road, parking space or other regulated object or area.

Shopping Center

Any concentration of four or more retail stores or service establishments under one ownership or management containing 15,000 square feet or more of gross floor space.

Shore Frontage

The length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.

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 or river; within 250 feet of the upland edge of a freshwater wetland; or within one hundred (100) feet of the normal high-water line of a stream.

Shoreline

The normal high-water line, or upland edge of a wetland.

Significant River Segments

See 38 M.R.S.A. Section 437. [NOTE: There are none in Searsmont.]

Site Plan Review

A review of the land use under the authority of the Town of Searsmont's Site Plan Review Ordinance.

SKID ROAD OR SKID TRAIL

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

SLASH

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

Solar Collector

A device, or combination of devises, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes to a building's energy supply.

Solar Energy System

A complete design or assembly consisting of a solar energy collector, an energy storage facility (when used), and components for the distribution of transformed energy.

Special Flood Hazard Area

see “Area of Special Flood Hazard.”

Start of Construction

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 days of the permit date.

1. 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.

2. 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.

3. 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 topographical map, to the point where the body of water becomes a river or flows to another water body or wetland within a Shoreland zone.

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 right-of-way.

Street Classification

1. Arterial Street

A major thoroughfare which serves as a major traffic way for travel between and through the municipality. The following roadways shall be considered arterial streets. State Roads #s 3, 131, and 173. →

2. Collector Streets

A street servicing at least fifteen lots or dwelling units, or streets, which serve as feeders to arterial streets, and collectors of traffic from minor streets.

3. Industrial Commercial Street

Streets servicing industrial or commercial uses.

4. Minor Street

A street servicing less than fifteen lots or dwelling units.

5. Private Right of Way

A vehicular access way serving no more than eight dwelling units, which is not intended to be dedicated as a public 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 and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes (this only includes satellite dishes with a width or diameter of 4 feet or greater.

Subdivision

The division of a tract or parcel of land into 3 or more lots within any 5-year period, that begins after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. The term “subdivision” also includes 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, the construction or placement of 3 or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into 3 or more dwelling units within a 5-year period.

In determining whether a tract or parcel of land is divided into 3 or more lots, the first dividing of such tract or parcel 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 lot, unless :

a. Both dividings are accomplished by a subdivider who has retained one of the lots for the subdivider's own use as a single-family residence or for open space land as defined in Title 36 M.R.S.A., §1102 for a period of at least 5 years before the second dividing occurs; or

b. The division of the tract or parcel is otherwise exempt under this definition.

A lot of 40 or more acres shall not be counted as a lot, except where the lot or parcel from which it was divided is located entirely or partially within any shoreland area as defined in Title 38 M.R.S.A., §435, or the municipality's shoreland zoning.

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 or by transfer of any interest in land to the owner of land abutting that land does not create a lot or lots for the purposes of these regulations, unless the intent of the transferor in any transfer or gift is to avoid the objectives of these regulations. If real estate exempt under this paragraph by a gift to a person related to the donor by blood, marriage or adoption is transferred within 5 years to another person not related to the donor of the exempt real estate by blood, marriage or adoption, then the previously exempt division creates a lot or lots for the purposes of this definition. The grant of bona fide security interest in an entire lot that has been exempted from the definition under this paragraph, or subsequent transfer of that entire lot by the original holder of the security interest or that person's successor in interest, does not create a lot for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of these regulations.

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.

Subdivision, Major

Any subdivision containing more than four lots or dwelling units, or any subdivision containing a proposed street.

Subdivision, Minor

Any subdivision containing four lots or dwelling units or less, and in which no street is proposed to be constructed.

Substantial Damage

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 Improvement

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:

1. 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

2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

Substantial Start or Commencement

Completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost.

Subsurface Sewage Disposal System

Any system designed to dispose of waste or waste water on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 m.r.s.a. section 414, any surface waste water disposal system, or any municipal or quasi-municipal sewer or waste water treatment system.

Sustained Slope

A change in elevation where the reference percent grade is substantially maintained or exceeded throughout the measured area.

Swimming Pool

An outdoor man-made receptacle or excavation designed to hold water to a depth of at least twenty-four (24) inches, primarily for swimming or bathing, whether in the ground or above the ground.

Timber Harvesting

The cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two (2) acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to Section 904.16, Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.

TIMBER HARVESTING AND RELATED ACTIVITIES

Timber harvesting, the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting.

Tract, or Parcel, or Land

All contiguous land in the same ownership, whether or not the tract is separated at any point by: an intermittent or not-navigable stream, tidal waters where there is no flow at low tide, or a private road established by the abutting landowners.

Tributary Stream

Means a channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. “tributary stream” does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. This definition does not include the term “stream” as defined elsewhere in this Ordinance, and only applies to that portion of the tributary stream located within the Shoreland zone of the receiving water body or wetland.

Undue Hardship

As used in this Ordinance, the words “undue hardship” shall mean all of the following

1. That the land in question cannot yield a reasonable return unless a variance is granted; and

2. That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and

3. That the granting of a variance will not alter the essential character of the locality; and

4. That the hardship is not the result of action taken by the applicant or a prior owner.

A variance is not justified unless all elements are present in the case.

Use

The manner in which land or a structure is arranged, designed or intended, or is occupied.

Upland Edge of a wetland

The boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six (6) meters (approximately twenty (20) foot) tall or taller.

Variance

A relaxation of the terms of this ordinance where such relaxation will not be contrary to the public interest where, owing to conditions peculiar to the property, and not the result of the actions of the applicants, a literal enforcement of the Ordinance would result in undue hardship. Variances permissible under this ordinance are limited to height of buildings, structures, lot sizes, yard and open spaces sizes, frontage, and setbacks. No variance can be granted for the establishment of any use otherwise prohibited, nor shall a variance be granted because of the presence of non-conformities in the immediate or adjacent districts.

Vegetation

All live trees, shrubs, , and other plants including without limitation, trees both over and under 4 inches in diameter, measured at 4½ feet above ground level.

Violation

The failure of a structure or development to comply with 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.

Warehousing and Distribution Facility

A use engaged in storage, wholesale, and distribution of manufactured products, supplies and equipment.

Waste Water

Any liquid waste containing animal or vegetable matter is suspension or solution, or the water-carried wastes for the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or other source of water-carried wastes of human origin. This term specifically excludes industrial, hazardous, or toxic wastes and materials.

Water Body

Any great pond, river, or stream.

Water Crossing

Any project extending from one bank to the opposite bank of a river, stream, tributary stream or wetland whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities.

Wetlands

A freshwater wetland.

WINDFIRM

The ability of a forest stand to withstand strong winds and resist windthrow, wind rocking, and major breakage.

WIRELESS TELECOMMUNICATIONS FACILITY

Any structure, antenna, tower, or other device which provides radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SDMR), common carrier wireless exchange phone services, and personal communications service (PCS) or pager services. This shall not apply to ham radio antennas, parabolic antennas, emergency wireless telecommunication facilities, or antennas that are an accessory use to a residential dwelling unit.

WOODY VEGETATION

Live trees or woody, non-herbaceous shrubs

Section 500 - Establishment of Districts

500.1 Interpretation of District Boundaries

A. District boundary lines are set forth on the Official Maps and as defined below. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to the location.

B. The depiction of the boundaries of the Shoreland zone on the official Shoreland zoning map for the Town Searsmont is merely illustrative of their general location. The exact boundaries of their zone shall be determined by on-site inspection and measurement from the normal high-water line or upland edge of a wetland.

501 Shoreland Zoning Districts

The Shoreland areas to which this ordinance is applicable are hereby divided into the following districts as shown on the Official Shore Land Zoning Maps which are made a part of this ordinance:

501.1 Resource Protection District

A. 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 Limited Commercial or General Development I Districts need not be included within the Resource Protection District.

1. Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat (IWWH), including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of May 1, 2006. For the purposes of this paragraph “wetlands associated with great ponds and rivers” shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. “Wetlands associated with great ponds or rivers” are considered to be part of that great pond or river.

2. Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the 100 year floodplain 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 floodplain soils.

3. Areas of two or more contiguous acres within the shoreland zone with sustained slopes of 20% or greater.

4. Areas of two (2) or more contiguous acres of forested wetland within the shoreland zone, which are not part of a freshwater wetland as defined, and abut the normal high water line of a great pond, river or stream, Or upland edge of freshwater wetland and which are not surficially connected to a water body or freshwater wetland during the period of normal high water.

5. Areas of two (2) or more contiguous acres within the shoreland zone of wetland emergent vegetation and hydric soils.

6. Land areas along rivers subject to severe bank erosion, undercutting, or riverbed movement.

B. The Resource Protection District shall include but not be limited to:

1. Part of the southern end of the shoreline of Quantabacook Lake and Quantabacook Outlet around IWWH #030512^;

2. The undeveloped shoreline on the west side of Sheep Island and the undeveloped eastern shoreline of Quantabacook Lake in the vicinity of Sheep Island around IWWH#030519;

3. Along the outlet of Bartlett Stream including those applicable undeveloped shore land areas along the northwest shore of Quantabacook Lake around IWWH#030515;

4. Around Little Pond including the associated wetlands along Wilson Stream around IWWH#030518;

5. Around Ruffingham Meadow State Game Management Area except for the developed area, including the water control structure and fields adjacent to Route 3 around IWWH#030525;

6. Areas around Witcher swamp;

7. Wetland areas along the St.George River.

8. Areas around Whitney Bog;

9. Along the St. George River around IWWH#030537;

10. Around IWWH#030538;

11. A section around the wetland just west of Knights Corner on Magog Road;

12. Undeveloped portions of the shoreline of Lawry Pond including the associated wetlands at the inlet and outlet and the island around IWWH#030514;

13. Undeveloped portions around Maple Meadow around IWWH#030513;

14. Around Fox Bog and Hemingway Pond and associated wetlands around IWWH#030530;

15. The eastern shore of Wood Island in Quantabacook Lake around IWWH#030530.

16. A section of the shoreline on the western side of the Doloff Pond outlet wetlands;

17. A section around the wetland east of Thompson Ridege Road, north of Route 3, and west of Doloff Pond.

501.2 Stream Protection District

A. The Stream Protection District includes all land areas within one hundred (100) feet horizontal distance of the normal high-water line of a stream, exclusive of those areas within two-hundred fifty (250) feet horizontal distance of the normal high-water line of a great pond, river or within two-hundred fifty (250) feet horizontal distance of the upland edge of a freshwater wetland or an IWWH wetland. Where a stream and its associated area is located within two-hundred fifty (250) feet horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shore land district associated with that water body or wetland.

B. The Stream Protection District includes:

1. Thompson Brook;

2. Bartlett Stream;

3. Dolloff Pond outlet;

4. Stearns Brook;

5. Jam Brook;

6. East Searsmont Cemetery Brook;

7. Dump Brook; and

8. ;Maple Brook.

501.3 Limited Residential

The Limited Residential District includes those areas of shoreland zone suitable for residential and recreational development. It encompasses the area from the high water line to distance back 250 feet from that line. It includes areas of the shoreland zone not included in the Resource Protection zone. It includes but is not limited to the following areas:

1. 250 feet back from the normal high water line of the St. George River excluding those shore land areas in the Resource Protection District,

2. 250 feet back from the normal high water line of Quantabacook Pond (Lake) excluding those shore land areas in the Resource Protection District,

3. 250 feet back from the high water of Levensellar Pond located in Searsmont,

4. 250 feet back of developed areas on Lawry excluding those shore land areas in the Resource Protection District,

5. Around the wetland east of Thompson Ridge Road, north of Route 3, and west of Doloff Pond excluding the Resource Protection zone;

6. A section of the shoreline on the eastern side of the Doloff Pond outlet wetlands for 1,000 feet downstream;

7. Wood Island excluding the Resource Protection zone;

8. The southeastern side of the upland edge on Witcher's Swamp excluding the Resource Protection zone;

9. The southeastern side of the upland edge on Whitney Bog excluding the Resource Protection zone;

10. Surrounding Cedar Swamp along Thompson Brook excluding the Resource Protection zone;

11. Around the wetland off of Moody Mountain Road about one-quarter mile south of intersection with Magog Road; and

12. Around the wetland area east of Moody Mountain Road one-half mile from intersection with Magog Road, easterly one-quarter mile off the road on north side of Black Brook.

502 Village Core and Village Extension Districts

502.1 Purposes

The purpose of these district requirements are to:

A. Implement Searsmont's Comprehensive Plan

B. Provide for orderly development by encouraging efficient land development patterns

C. Provide for anticipated growth and development by allowing a range of uses

D. Provide for a separation of land uses that might otherwise be incompatible

E. To protect property rights and values by balancing the rights of landowners, to use their land with the corresponding rights of abutting and neighboring land owners, and to enjoy their property rights without undue disturbance from abutting or neighboring use.

502.2 Applicability

These district requirements shall govern the Village Core and Village Extension Districts as established and shown on the land use map of Searsmont and are a part of this ordinance.

502.3 District Boundaries

The location and boundaries of the Village Districts are established as shown on the Town of Searsmont Land Use Map and are a part of this ordinance as follows:

A. Village Extension District

1. Beginning on State Route 131 South proceed Northwest along lot 10/46 to lot 3/14 to encompass lots 3/14 and 3/15^* to the St. George River.

2. Proceed East along the river to State Route 173 West, crossing State Route 173 West continue to the South West line of lot 10/64 turning north at lot 3/65 to encompass lots 3/65 and 3/68 to Paul Road.

3. Crossing Paul Road proceed easterly to encompass lot 7/13 turning at lot 7/15 in a southerly direction bisecting lot 7/16 to the North West corner of lot 6/115, thence proceeding in a South East direction to the North West corner of lot 6/23, proceed along the North West line of lot 6/23 to State Route 131 East.

4. Crossing State Route 131 East in a southerly direction-along lot 6/55 turning at lot 6/39 to proceed in a westerly direction to the South West corner of lot 6/46, turning southerly to encompass lots 6/46 and 6/47, turning westerly to Moody Mountain Road bisecting lot 3/3.

5. Crossing Moody Mountain Road proceed South West bisecting lots 3/1 and 3/13 to the junction of lot 3/12, thence north westerly to State Route 131 to the point of beginning.

B. Village Core District

1. Beginning on State Route 131 in the village at the North East corner of lot 10/1 proceed in a southwesterly direction to circle the South and West sides of lot 10/1, proceed from the South West corner in a line across Anderson Stream to the South East corner of lot 10/42 and proceed along the southern lines of lots 10/42 and 10/41 crossing lot 10/40 to the South corner of lot 10/39.

2. Along the southern line of lot 10/39 proceed along the back line of lot 10/38, crossing the St. George River to the South corner of lot 10/36 and proceeding across lot 10/66 to the North East corner of lot 10/35 circling the lot to State Route 131 South.

3. Crossing State Route 131 South proceed North West along the northern line of lot 10/44 to its northern corner, cross lots 3/14 and 3/15 to the southern corner of lot 3/15 and proceed along its South East line to State Route 173 West.

4. Crossing State Route 173 West to the Southeast corner of lot 10/57 proceed along its border to the St. George River.

5. Crossing the St. George River to the West Corner of lot 10/25, proceed along the northern border of lot 10/25 to a point where crossing lot 10/70 at a right angle meets the North West Corner of lot 10/24.

6. Proceed North along the back line of lot 10/24 to Paul Road.

7. Cross Paul Road to the northern corner of lot 10/22^*, proceed North East along the northern line of lot 10/22 continuing across the back line of lot 10/19 to the South West corner of lot 10/18, turning South East along the eastern line of lot 10/19 to Pond Road.

8. Crossing Pond Road proceed North East at the North East corner of lot 10/14 to the back line of lot 10/14 and proceed South West across lot 6/116 to the northeast corner of lot 10/13, then South East to the North West corner of lot 10/8, thence South East along the back line of lot 10/8 continuing across lot 6/116 to the North corner of lot 10/6 and along the back line of lot 10/6 to the northern corner of Riverside Cemetery.

9. Proceed clockwise around the Riverside Cemetery lot to Anderson Stream.

10. Crossing Anderson Stream proceed easterly to encompass lot 10/48 to State Route 131 East and the point of beginning.

502.4 Land Uses

A. Land uses permitted in the Village Core and Village Extension District in conformance with the performance standards of this ordinance are shown in Section 800 of this ordinance.

B. The following additional standards shall be met in the Village Core and the Village Extension Districts:

1. Driveways, Parking Areas. Driveways and parking areas may be located within any required setback area provided that they shall not be located within six (6) feet of the side or rear lot lines.

2. Accessory Structures. When located beyond the rear of the principal building, accessory buildings no larger than 150 square feet in floor area may be located within the required side or rear setbacks provided that no structure shall be located within 6 feet from a side or rear lot line.

3. Corner Lots. The front setback requirement shall be observed along all roads abutting the lot.

4. Corner Lot Obstructions. All corner lots shall be kept free from visual obstruction for a distance of twenty-five (25) feet measured along the street lines.

5. Structures on Abutting Lots. Where a proposed structure would be abutted on both sides by existing structures, either on the same lot or adjoining lots, whose front setbacks are less than the required setback, the setback of the proposed structure may be reduced to that of the structure with the greatest front setback.

502.5 Performance Standards

A. All non-residential uses shall meet the following requirements:

1. An 8 foot buffer strip consisting of a six (6) foot stockade type fence or commensurate planting of shrubs shall be maintained at all side and rear setbacks, unless waived in writing by mutual agreement of abutting landowners.

2. Parking shall be required to be set back at least 15 feet from the side of the road. No parking will be allowed within 15 feet of the road, with the exception of a residential driveway.

3. Noise levels shall not generate hourly sound levels resulting from routine operating in excess of 60 decibels as measured at the property lines.

4. Unenclosed outdoor storage is prohibited, except for firewood.

B. Permitted Signs

1. On each premise, wall signs shall be allowed affixed to the exterior of the structure. Such signs shall not occupy more than twenty (20) percent of the wall to which they are attached. For the purpose of this section, wall is defined as the facade of the building up to the roofline excluding windows, doors and major architectural features.

2. Window and door signs are allowed without regard to the percentage of the window or door in which they are displayed.

3. Projecting signs: One projecting sign is permitted per structure. Projecting signs shall extend no lower than ten (10) feet above ground level, project from the wall at an angle of ninety (90) degrees and be no nearer than eight (8) feet from any property line. No projecting sign shall exceed sixteen (16) square feet.

4. Free Standing signs: One freestanding sign is permitted per lot. No freestanding sign shall exceed sixteen (16) square feet in area. The top edge shall not be higher than twelve-(12) feet vertical measure above average ground level from the base.

5. Awning and Canopy signs: Awning and canopy signs are permitted. Canopies over fuel islands shall only advertise fuel and fuel products.

6. No permanent sign shall have visible moving parts, have blinding, moving, or glaring illumination, or be erected at a location where, by reason of shape, color or wording, it interferes with vehicular traffic or may be confused with any authorized traffic sign, signal or device.

C. Prohibited Signs

The following signs are prohibited throughout the Village Core and Village Extension Districts in the Town of Searsmont:

1. No permanent sign except traffic and similar public safety signs, official business directional signs shall be located in the public right-of-way of any street or highway.

2. No on-premise signs shall be permitted which are erected, painted or maintained upon trees, or painted or drawn upon rocks and other natural features.

3. No sign shall project beyond the property line of the lot on which it is placed.

4. No sign shall be located so that it interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit public streets or private roads.

5. No signs painted on or attached to stationary-vehicles. For the purpose of this section, a stationary vehicle means any vehicle not property registered and inspected as required by Maine Law, whose sole purpose is to display signs.

6. No inflatable signs, tethered balloons and pennants except associated with special events or sales for a duration not to exceed seven (7) days in any calendar year.

7. No signs relating to any business which has been out of business for more than 365 days. The owner of the property or his agent shall be responsible for removing such signs.

D. Illumination

Signs shall be illuminated only by the following means:

1. A steady, stationary light(s) of single color shielded and directed solely at the sign and not casting light on the premises.

2. Interior, non-exposed, white lights of reasonable intensity.

3. Neon to be illuminated may be only used for window signs that do not exceed twenty-five (25) percent of the window area in which it is located and must be non-blinking.

4. Exterior lighting shall be limited to illuminating the immediate premises, and direct light shall not project onto adjacent residential properties or be directed skyward. If necessary, direct light shall be shielded by blinders and additional buffering/screening.

502.6 Cluster Developments

A. Purposes

The purpose of this section is:

1. to provide for efficient use of land and the preservation of open space;

2. to provide for protection of environmentally sensitive resources;

3. to provide for orderly development;

4. to allow for new concepts of housing development; and

5. to encourage the construction of affordable housing.

B. Basic Requirements for Cluster Developments

Cluster developments shall comply with the performance standards of this ordinance except as otherwise noted.

1. Cluster developments shall be a minimum of 5 lots and shall meet all requirements for a subdivision, the community's street standards, and all other applicable municipal ordinances, including the General Performance Standards of this ordinance and State laws and regulations.

2. The developer shall illustrate the placement of buildings and the treatment of spaces, paths, roads, services, and parking and in so doing shall take into consideration all requirements of this section and of other relevant sections of this ordinance.

3. There shall be a density bonus of 20% for cluster developments.

4. Unless a public sewer or community sewage collection and treatment system is provided, no lot shall be smaller in area than 60,000 square feet.

5. The total area of open space within the development shall equal or exceed the sum of the area by which any building lots are reduced below the minimum lot area normally required in the District, except where density bonuses are permitted.

6. Every building lot that is reduced in area below the amount normally required should abut the open space for a distance of 50 feet, or be within 1,000 feet walking distance of such land, as measured along public ways.

7. Distance between buildings shall not be less than 20 feet.

8. No individual lots shall have frontage on a road which existed prior to the time of development. There shall be a setback of 50 feet from the main public access road and 25 feet from interior roads that are constructed as part of cluster development.

9. In no case shall shore frontage and setback be reduced below the minimums normally required by the municipality's Shoreland Zoning Ordinance.

10. Where a cluster development abuts a body of water, a usable portion of the land along the water, as well as reasonable access to it, shall be a part of the open space land. This open space land shall have a minimum depth of 100 feet.

11. The applicant shall demonstrate the availability of water adequate for domestic purposes as well as for fire safety. The Planning Board may require the construction of storage ponds and dry hydrants.

12. The location of subsurface sewage disposal systems shall be shown on the plan. The report of a Licensed Site Evaluator shall accompany the plan.

C. Siting Standards

1. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, south facing slopes (where possible) and natural drainage areas, in accordance with an overall plan for site development and landscaping. A site inspection shall be conducted by the Board prior to approval. Once approved, the plan shall not be altered without prior approval of the Planning Board.

2. Buildings shall be designed and laid out to protect bedroom windows from light invasions by vehicle headlights or glare from existing outdoor lighting or illuminated signs where allowed, insofar as practical.

3. Where parking spaces or storage areas are located in areas abutting existing residential properties permanent wood or masonry screen at least four feet high shall be erected along the property line in addition to the green perimeter strip described below.

4. A green perimeter strip not less than twenty (20) feet wide shall be maintained with grass, bushes, flowers, or trees along all lot lines (except for entrance an exit driveways). Such green strip shall not be built on or paved or used for parking or storage.

D. Preservation and Maintenance of Open Space and Facilities

1. There shall be no further subdivision of open space. Open space shall be used only for agriculture, non-commercial recreation, forestry or conservation. However, easements for public utilities, but no structures, may be permitted in the open space area.

2. The open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that: (a) the open space shall not be used for future building lots; and (b) a part or all of the open space may be dedicated for acceptance by the municipality or a suitable land trust.

3. If any or all of the open space is to be reserved as common open space for use by the residents, the by-laws of the proposed neighborhood association shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval. The developer or subdivider shall maintain control of such open space(s) and be responsible for their maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Board of Appeals upon request of the neighborhood association or the developer or subdivider.

4. Open space land may be sold or leased to a third party for agriculture or forestry purposes, provided that development rights are held by the municipality, a conservation organization, or other public or semi-public entity. The legal instruments for conveying such land and retaining development rights shall first be submitted to and approved by the Planning Board.

503 Reserved

504 District Maps

504.1 Shoreland Zoning Map

A. Scale of Maps

The Official Searsmont Shoreland Zoning Maps are drawn on the U.S.G.S. map revised edition 1973 at a scale of one inch to 2,000 feet.

B. Certification of Official Shoreland Zoning Maps

The Official Searsmont Shoreland Zoning Maps shall be certified by the attested signature of the Town Clerk and shall be located at the Searsmont Town Office. The Town Clerk shall be the custodian of the maps.

C. Changes to the Official Shoreland Zoning Maps

If amendments, in accordance with the provisions of this ordinance, are made in the district boundaries or other matter portrayed on the Official Searsmont Shoreland Zoning Maps, such changes shall be made on the Official Searsmont Shoreland Zoning Maps within thirty (30) days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.

Section 600 - Nonconformance

It is the intent of these provisions to promote land use conformities, except that non-conforming conditions that existed before the effective date of this ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in this section. Except as otherwise provided in this Ordinance, a non-conforming condition shall not be permitted to become more non-conforming.

600.1 Vested Rights

Nonconforming use rights cannot arise by the mere filing of a notice of intent to build, an application for building permits or an application for required State permits and approvals. Such rights usually arise when actual construction has begun, or, in the case of pending applications, when the review process on a complete application commences. 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.

601 Non-conforming Lots

Non-conforming Lots: A non-conforming lot of record as of the effective date of this Ordinance or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Ordinance except lot area, lot width and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width or shore frontage shall be obtained by action of the Board of Appeals.

601.1 Contiguous Built Lots

A.: 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 principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. sections 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

B. If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, 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.

C. Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels in Shoreland districts are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance, 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.

This provision shall not apply to 2 or more contiguous lots, at least one of which is non-conforming, owned by the same person or persons on November 14, 1991 and recorded in the registry of deeds if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and

(a) Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; or

(b) Any lots that do not meet the frontage and lot size requirements of Section 601.1C(a) are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.

601.2 Back Lots

A single back lot of record, which on the effective date of this ordinance does not meet the area or width requirements of this ordinance, may be built upon provided that such lot shall be in separate ownership and not contiguous with another back lot and that all other provisions of this ordinance shall be met.

602 Nonconforming Structures

602.1 Expansions

A. A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure.

B. Further Limitations:

1. After January 1, 1989 if any portion of a structure is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by 30% or more, during the lifetime of the structure. If a replacement structure conforms with the requirements of Section 602.3, and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date.

2. Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in 602.2 (B) Relocation, below. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with Section 602.1(B)(1) above, and the foundation does not cause the structure to be elevated by more than three (3) additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.

3. No structure which is less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.

4. Steps are not included when measuring the minimum distance from the normal high water line to the closest point of a structure, if they represent the minimum structure necessary to serve their function and do not exceed the minimum requirements established by the National Building Code.

a. Steps cannot accommodate a vertical rise over 3 feet unless they proceed parallel to the water from the landing. The structure cannot expand up to the front edge of the steps. The landing for the steps shall be only as deep as the door opening is wide, including only one side of side by side doors (French, glass, sliding, etc.)

602.2 Relocation

A. 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 Planning Board or its designee, 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 that a new system can be installed 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.

B. In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or its designee 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 soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

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

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

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

602.3 Reconstruction or Replacement

A. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 602.1 (B) above, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 602.2 (B) above.

B. Any other non-conforming structure, outside the Shoreland zone, 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 on the original footprint provided that a permit is obtained within ten (10) years of the date of said damage, destruction, or removal. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity. The applicant will have the burden to prove to the Planning Board that the structure is being reconstructed or replaced within the ten (10) years of the loss of original structure.

C. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Planning Board within one year of such damage, destruction, or removal.

D. In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the Planning Board or its designee shall consider, in addition to the criteria in Section 602.2(B) above, the physical condition and type of foundation present, if any.

602.4 Change of Use of a Non-conforming Structure. The use of a non-conforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse impact will occur, the Planning Board 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, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses.

603 Non-conforming Uses

603.1 Expansions

Expansions of non-conforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures existing as of the effective date of this ordinance, or on the effective date of a subsequent amendment that causes such use to be a nonconforming, or within expansions of such structures as allowed in Section 602.1(B) above.

603.2 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 non-conforming use except that the Planning Board 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.

603.3 Change of Use

. 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, including water dependent uses , than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Section 602.4 above.

604 Changes in Nonconformance and Transfer of Ownership

604.1 Transfer of Ownership

Nonconforming structures, lots and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this Ordinance.

604.2 Repair and MaintenanceThis Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses and structures including repairs or renovations that do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as federal, state, or local building and safety codes may require.

Use/Structure	LR	RP	SP	VC	VE	RU
1. All Uses
Clearing or Removal of Vegetation for Activities other than Timber Harvesting	A	C1	C	A	A	A
Emergency Operations	A	A	A	A	A	A
Filling and Earth Moving of 10 Cubic Yards or More	C	P	P	A	A	A
Filling and Earth Moving of Less than 10 Cubic Yards	A	CP	C	A	A	A
Fire Prevention Activities	A	A	A	A	A	A
Parking Facilities	P	N7	N	Y*	Y*	Y*
Private Sewage Disposal Systems for Allowed Uses	L	L	L	L	L	L
Road Construction	P	N8	P	A	A	A
Service Drops as Defined to Allowed Uses	A	A	A	A	A	A
Signs	A	A	A	Y*	Y*	Y*
Uses Similar to Allowed Uses	C	C	C	A	A	A
Uses Similar to Uses Requiring a CEO Permit	C	C	C	C	C	C
Uses Similar to Uses Requiring a PB Permit	P	P	P