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TOWN OF
DEFINITIONS
ORDINANCE
Final
Draft: May 8, 2006
Last Revision Date:
Adopted __, 10,
2006
Article 1.
Purpose, Authority, Administration, and Effective Date
1.1 Purpose
The purpose of this ordinance is
to create/provide one document for definitions of language used in within
Adopted Ordinances of the Town of Wales including, but not limited to, Town of
Wales Subdivision Ordinance, Town of Wales Land Use Ordinance, Town of Wales Road,
Town of Wales Shoreland Zoning Ordinance, Town of Wales Site Plan Ordinance,
Town of Wales Telecommunications Ordinance, and Town of Wales Flood Plain
Management Ordinance.
1.2 Authority
and Administration
This Ordinance shall be known
and may be cited as “Definitions Ordinance of the Town of
1.3 Effective Date
The
effective date of this Ordinance shall be the date of the 2006 Town Meeting of
the Town of
1.4 Repeal of Existing Subdivision Ordinance
Adoption of this ordinance
shall repeal any and all previous definitions ordinances of the Town of
Article 2. Language
2.1 Construction of Language
In the interpretation and enforcement of this Code, all
words shall have the meaning implied by their context in the various ordinances
or their ordinarily accepted meaning. In
the case of any difference of meaning or implication between the text of this
Code and any map, illustration or table, the text shall control.
The word "person" includes a firm, association,
organization, partnership, trust, company or corporation as well as an
individual or any other legal entity.
The present tense includes the future tense, the singular
number includes the plural, and the plural numbers includes the singular.
The word "shall" and "will" are
mandatory, the word "may" is permissive.
The word "lot" includes the words "plot"
and "parcel."
The word "structure" includes the word
"building."
The word "used" or "occupied", as
applied to any land or building, shall be construed to include the words
"intended, arranged, or designed to be used or occupied."
The word “road” includes the word “street”, as applied to
any route for vehicular access other than a driveway.
The words "Town" or "municipality" means
the Town of
The words “Town of
Article 3.
Definitions
3.1 Application
of Definitions
All definitions herein will have associated Ordinances
appended to the definition; those with multiple associations will be so
listed. It can be assumed that all
Ordinance titles listed in the legend are prefaced or appended with “Town of
Land Use Land Use Ordinance
Floodplain . Floodplain
Road
Shoreland Shoreland
Zoning Ordinance
Site Plan Site
Plan Review Ordinance
Subdivision Subdivision
Ordinance
Telecommunications Wireless
Telecommunications Facilities Siting Ordinance
Definitions Definitions
Ordinance
3.2 Definitions
100-year flood: See Base Flood. (Floodplain)
Abutter:
1) The owner of any property with at least one common boundary or point, or
that lies across a road, driveway, or stream from the property in an
application or appeal. (Land Use; Site Plan)
2) Any landowner within five hundred (500) feet of the property that the tower
or facility will be located on. (Telecommunications)
Accessory Structure or Use:
A use or structure (detached) that 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. (Site Plan; Land Use;
Floodplain; Shoreland).
Adjacent Grade - means the natural
elevation of the ground surface prior to construction next to the proposed
walls of a structure. (Floodplain.)
Administrative Appeal: An appeal in which it is alleged that there
is an error in any order, requirement, decision, or determination made by, or a
failure to act by, the Code Enforcement Officer or Planning Board in the
administration of the Town Ordinances.
This definition does not allow for the appeal of a violation. (Land Use)
Affordable Housing: A safe and sanitary dwelling for
a household whose income does not exceed 80% of the median household income for
the community. (Subdivision)
Aggrieved Party: 1) A person whose land is directly or
indirectly affected by the granting or denial of a permit or variance under the
Town Ordinances. 2) A person whose land
abuts land for which a permit or variance has been granted. 3) 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. (Land Use; Site Plan; Shoreland)
Agricultural Fairgrounds:
Incorporated or state-licensed fairgrounds. (Site Plan)
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 cops; dairy animals and dairy products; poultry and
poultry products; livestock; fruits and vegetables; and ornamental and green
house products. Agriculture does not
include forest management and timber harvesting activities. (Site Plan;
Shoreland)
Amusement Facility: Any
private, commercial premises that 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. (Site Plan)
Antenna: Any system of
poles, panels, rods, reflecting discs or similar devices used for the
transmission or reception of radio or electromagnetic frequency signals. (Telecommunications)
Antenna Height: The vertical
distance measured from the base of the antenna support structure at grade to
the highest point of the structure, even if said highest point is an antenna.
Measurement of tower height shall include antenna, base pad, and other
appurtenances and shall be measured from the finished grade of the facility
site. If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna height.
(Telecommunications)
Applicant:
For purposes of the Town Ordinances, applicant means the person applying for a
subdivision and having title, right or interest in the parcel under
question and includes, for purposes of Article 9.1.B, the parents,
grandparents, in-laws, siblings and children of the person submitting the
application. (Subdivision)
Aquaculture: The growing or propagation of harvestable
freshwater, estuarine, or marine plant or animal species. (Site Plan; Shoreland)
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 Hazard Boundary Map cited in Article I of the
Floodplain Management Ordinance. (Floodplain)
Arterial Street: A major thoroughfare that serves as a major
traffic way for travel within and through the municipality. (Subdivision; Road)
Automobile Repair Shop: A
business establishment engaged in general repair, engine rebuilding, and/or
parts replacement of motor vehicles. (Site Plan)
Automotive Body Shop: A business establishment engaged in body,
frame, or fender straightening and repair, or painting and undercoating of
motor vehicles. (Site Plan)
Automobile Junkyard/Graveyard:
A yard, field, or other area used to store three (3) or more
unserviceable, discarded, worn-out, or junked motor vehicles, or parts of such
vehicles, as defined in Title 29 Section 1, Subsection 7. “Automobile junkyard” 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. (Site Plan)
Basal Area: The area of cross-section of a tree stem at 4
1/2 feet above ground level and inclusive of bark. (Shoreland)
Base Flood: A flood having a one percent chance of being
equaled or exceeded in any given year, commonly called the 100-year flood.
(Floodplain; Shoreland)
Basement:
1) Any area of the
building having its floor subgrade (below ground level) on all sides.
(Floodplain)
2) 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 the existing ground
level. (Shoreland)
Bed and Breakfast: Any dwelling in which transient lodging or
boarding and lodging are provided and offered to the public for less than one
(1) week for compensation. This dwelling
must also be the full-time, permanent residence of the owner. There must be no provisions for cooking in
any individual guest room. (Site Plan)
Boarding/Lodging Facility: Any residential structure where lodging
and/or meals are provided for compensation for a period of at least one (2)
week and where a family residing in the building acts as proprietor or
owner. There must be no provisions for
cooking in any individual guest room. (Site Plan)
Boat-Launching Facility: A facility designed primarily for the
launching and landing of watercraft and that may include an access ramp,
docking area, and parking spaces for vehicles and trailers. (Site Plan;
Shoreland)
Brook:
See Stream, River, or Brook. (Subdivision)
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
or activities utilizing trucks as part of the business operation. (Site Plan)
Business/Professional Uses: Establishments primarily engaged in rendering
services to business establishments on a fee or contract basis, such as
advertising and mailing; building maintenance; employment services; management
and consulting services; protective services; equipment rental and leasing;
commercial research; development and testing; photo finishing; and personal
supply services. (Site Plan)
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. (Site Plan; Shoreland)
Certificate of Compliance: A document signed by the Code Enforcement
Officer stating that a structure is in compliance with all of the provisions of
the Town Ordinances. (Floodplain)
Civic/Convention Center: A building or complex of buildings that house
town offices and services and that may include cultural, recreational,
athletic, convention, and entertainment facilities owned and/or operated by a
governmental agency. (Site Plan)
Code Enforcement Officer –
A person
certified under Title 30-A MRSA, Section 4451 (including exceptions in Section
4451, paragraph 1) and employed by a municipality to enforce all applicable
comprehensive planning and land use laws and ordinances. (Land
Use; Site Plan; Floodplain)
Co-location: The use of a wireless telecommunications
facility by more than one wireless telecommunications provider. (Telecommunications)
Collector Street: A street serving at least twenty (20) lots or
dwelling units, or a street that serves as a feeder to arterial streets and
collector of traffic from minor streets. (Subdivision; Road)
Commercial Establishment: Establishments that render goods and/or
services primarily on a retail basis that are customarily carried on in a
building specifically for that purpose, such as retail stores, service
stations, restaurants, etc. (Site Plan)
Commercial Recreation: Any commercial enterprise that receives a fee
in return for the provision of some recreational activity, including but not
limited to campgrounds, racquet and tennis clubs, health facilities, amusement
parks, golf courses, gymnasiums and swimming pools, etc., but not including
amusement centers, as defined herein. (Site Plan)
Commercial Street: See Industrial
or
Commercial Use: The use of lands, buildings, or structures,
other than a “home occupation” as 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. (Site Plan; Shoreland)
Community Center/Club: A building that houses any voluntary
association of persons organized for social, religious, benevolent, literary,
scientific, or political purposes and whose facilities, especially a clubhouse,
are open to members and guests only and not the general public. The persons using such facilities shall not
be engaged in activities customarily carried on by a business or for pecuniary
gain. (Site Plan)
Common Driveway: A vehicle access way serving two (2)three (3)
or fewer dwelling units. (Subdivision; Land Use; Road)
Complete Application: An application for which the required fee and
all information required by these regulations for a final plan have been
submitted, or for which a vote of the Board has waived the submission of
required information. The Board shall
issue a receipt
notification to the applicant upon its
determination that an application is complete. (Subdivision)
Day Care/Nursery School: A building or use of property operated for
the care or instruction of more than three (3) children, exclusive of children
who may be living in the home that is serving as the day-care or nursery-school
facility. (Site Plan)
Designated Scenic Resource: A specific location, view, or corridor, as
identified as a scenic resource in the municipally adopted comprehensive plan
or by a State or federal agency, that consists of:
A) 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 a downtown skyline or mountain range,
resulting in a panoramic view corridor; or
B) 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 viewpoint on a public
way or within a public recreational area.
(Telecommunications)
Developed Area: Any area on which a site improvement or
change is made, including buildings, landscaping, parking areas, and streets. (Subdivision)
Development: Any
man made change
caused
by individuals or entities to improved
or unimproved real estate, including but not limited to the construction of buildings
or other structures; the construction of additions or substantial
improvements to buildings or other structures; mining,
dredging, filling, grading, paving, excavation, drilling operations or storage
of equipment or materials.. and the
storage, deposition, or extraction of materials, public or private sewage
disposal systems or water supply facilities. (Floodplain,
Land Use, Site Plan)
Dimensional Requirements: Numerical standards relating to spatial
relationships, including but not limited to frontage, lot width, lot area,
percentage of lot coverage, structure height, shore frontage, percentage of
structure expansion, and setbacks. (Land Use; Site Plan; Shoreland)
Direct Watershed: That portion of the watershed that does not
first drain through an upstream lake. (Subdivision)
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. (Shoreland)
Ditch,
Inlet: A watercourse flowing into a
culvert. (Land Use)
Ditch,
Outlet: A watercourse following out
of a culvert. (Land Use)
Driveway:
1) A vehicular access way serving 3 lots or
fewer. A driveway is not considered a
structure. (Land Use; Site Plan)
2) A vehicular access-way less than five hundred
(500) feet in length serving two lots or less. (Shoreland)
Driveway
Entrance: The connection between a
driveway and a town-maintained road. (Land Use)
Dwelling Unit: A room, or group of rooms, designed for
permanent, seasonal, or temporary living quarters for only one (1) family,
including provision s for eating, sleeping, and cooking. The term shall include mobile homes but shall
not include travel trailers or other recreational vehicles. (Site Plan)
Dwelling, Multi-Family: A structure containing three (3) or four (4)
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. (Site Plan)
Dwelling, Single-Family: Any structure containing one (1) dwelling
unit for occupation by not more than one (1) family. Units may be attached. (Site Plan)
Dwelling, Two-Family: Any structure containing only two (2)
dwelling units, for occupation by not more than two (2) families. (Site Plan)
Dwelling: Any structure or portion thereof designed or used
for residential purposes. (Site Plan)
A) built,
in the case of a building in Zone A, to have the top of the elevated floor,
elevated above the ground level by means of pilings, columns, post, piers, or
"stilts;" and
B) adequately
anchored so as not to impair the structural integrity of the building during a
flood of up to one foot above the magnitude of the base flood.
In the case of Zone A,
(Floodplain)
Elevation Certificate: An official form (FEMA Form 81-31, 01/03, as
amended) that:
A) is
used to verify compliance with the floodplain management regulations of the
National Flood Insurance Program; and,
B) is required for purchasing flood insurance.
(Floodplain)
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. (Site Plan;
Shoreland)
Essential Services: The
construction, alteration, or maintenance of gas, electrical, or communication
facilities; steam, fuel, electric-power or water transmission or distribution
lines, towers, and related equipment; telephone cables or lines, poles, and
related equipment; gas, oil, water, slurry, or other similar pipelines; municipal
sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles,
wires, mains, drains, pipes, conduits, cables, fire alarms and police call
boxes, traffic signals, hydrants and similar accessories, but shall not include
service drops or buildings that are necessary for the furnishing of such
services. (Site Plan, Shoreland)
Existing
Expansion: The addition of antennas, towers, or other
devices to an existing structure. (Telecommunications)
Expansions of a Nonconforming Structure: An increase in the floor area or volume of a
nonconforming structure, including but not limited to dormers, additions,
decks, garages, patios, porches, and greenhouses, that does not become more
invasive into the setback are. (Land Use; Site Plan)
Expansions of a Structure: An increase in the floor area or volume of a
structure, including but not limited to dormers, additions, bay windows, decks,
garages, patios, porches, and greenhouses. (Land Use; Site Plan; Shoreland)
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. (Shoreland)
FAA:
The Federal Aviation Administration, or its lawful successor. (Telecommunications)
Family: One or more persons
occupying a premises and living as a single housekeeping unit. (Site Plan;
Shoreland)
FCC:
The Federal Communications Commission , or its lawful successor.
(Telecommunications)
Final Plan: The final drawings on which the applicant’s
plan of subdivision is presented to the Board for approval and that, if
approved, may
will be recorded at the Registry of
Deeds. (Subdivision)
Flood or Flooding:
A) A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and
rapid accumulation or runoff of surface waters from any source.
B) The collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused by
an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event which
results in flooding as defined in paragraph a.1. of this definition.
(Floodplain)
Flood Elevation Study: An examination, evaluation and determination
of flood hazards and, if appropriate, corresponding water surface elevations.
(Floodplain)
Flood Hazard Boundary Map
(FHBM): An official map of a community, issued by the
Federal Insurance Administration, where the boundaries of the base flood have
been designated. (Floodplain)
Floodplain or Flood-prone
Area:
Any land area susceptible to being
inundated by water from any source (see flooding). (Floodplain)
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)
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. (Floodplain)
Floodproofing: 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. (Floodplain)
Floodway: see Regulatory Floodway. (Floodplain;
Shoreland)
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. (Land
Use, Site Plan; Shoreland)
Forested Wetland: A
freshwater wetland dominated by woody vegetation that is six (6) meters tall or
taller. (Shoreland)
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. (Site Plan; Shoreland)
Foundation: The supporting
substructure of a building or other structure, including but not limited to
basements, slabs, sills, posts, or frostwalls. (Site Plan; Shoreland)
Freeboard - means a factor of safety usually
expressed in feet above a flood level for purposes of floodplain
management. Freeboard tends to
compensate for the many unknown factors, such as wave action, bridge openings,
and the hydrological effect of urbanization of the watershed, that could
contribute to flood heights greater than the height calculated for a selected
size flood and floodway conditions. (Floodplain)
Freshwater Wetland: Freshwater swamps, marshes, bogs, and similar
areas, other than forested wetlands, that:
A) are of ten or more contiguous acres; or of
less than 10 contiguous acres and adjacent to a surface water body, excluding
any river, stream or brook, such that in a natural state, the combined surface
area is in excess of 10 acres;
B) are inundated or saturated by surface water
or groundwater at a frequency and for a duration sufficient to support, and
that under normal circumstances do support, a prevalence of wetland vegetation
typically adapted for life in saturated soils; and
C) are not considered part of a great pond,
coastal wetland, river, stream, or brook.
These areas may
contain small stream channels or inclusions of land that do not conform to the
criteria of this definition.
(Subdivision; Site Plan; Shoreland)
Frontage,
Functionally Dependent
Use: A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities. (Floodplain)
Functionally Water-Dependent Uses:
Those uses that require, for their primary purpose, location on
submerged lands or that require direct access to, or location in, coastal and
inland waters and that cannot be located away from these waters. The uses include, but are not limited to,
commercial and recreational fishing and boating facilities, excluding
recreational boat storage buildings; port facilities; shipyards and
boat-building facilities; marinas; navigation aides; basins and channels;
industrial uses dependent upon water-borne transportation or requiring large
volumes of cooling or processing water and that cannot reasonably be located or
operated at an inland site; and uses that primarily provide general public
access to coastal or inland waters. (Site Plan; Shoreland)
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. (Site Plan)
Governmental Use: Any
department, commission, independent agency, or instrumentality of the
Great Pond: Any inland body
of water that in a natural state has a surface area in excess of ten (10)
acres, and any inland body of water artificially formed or increased that has a
surface area in excess of thirty (30) acres except for the purposes of the Town
of Wales Adopted Ordinances, where the artificially formed or increased inland
body of water is completely surrounded by land held by a single owner. (Site
Plan; Shoreland)
Height: The vertical
measurement from a point on the ground at the mean finish grade adjoining the
foundation as calculated by averaging the highest and lowest finished grade
around the building or structure, to the highest point of the building or
structure. The highest point shall exclude farm building components, flagpoles,
chimneys, ventilators, skylights, domes, water towers, bell towers, church
spires, processing towers, tanks, bulkheads, or other building accessory
features usually erected at a height greater than the main roofs of buildings.
(Telecommunications)
Height of a Structure: The
vertical distance between the mean original grade at the downhill side of the
structure and the highest point of the structure, excluding chimneys, steeples,
antennas, and similar appurtenances that have no floor area. (Site Plan;
Shoreland)
High-Intensity Soil Survey: A soil survey conducted by a certified soil
scientist, meeting the standards of the National Cooperative Soil Survey, that
identifies soil types down to one-tenth (1/10) of an acre or less at a scale
equivalent to that of the subdivision plan submitted. The mapping units shall be the soil
series. Single soil-test pits and their
evaluation shall not be considered to constitute high-intensity soil surveys. (Subdivision)
Historic Structure or Archaeological
Resources: Resources/Structures that
are:
A) Listed
individually in the National Register of Historic Places; (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
B) Certified
or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district
preliminarily determined by the Secretary of the Interior to qualify as a registered
historic district;
C) Individually
listed on a state inventory of historic places in states with historic
preservation programs approved by the Secretary of the Interior;
D) Individually
listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by the Secretary of the Interior
through the Maine Historic Preservation Commission; or
E)
Areas identified by a governmental agency such as the
Maine Historic Preservation Commission as having significant value as an
historic or archaeological resource and any areas identified in the
municipality's comprehensive plan, which have been listed on the National
Register of Historic Places.
(Telecommunications; Floodplain)
Historic District: A geographically definable area possessing a
significant concentration, linkage or continuity of sites, buildings,
structures or objects united by past events or aesthetically by plan or
physical development and identified in the municipality's comprehensive plan,
which is listed or is eligible to be listed on the National Register of
Historic Places. Such historic districts may also comprise individual elements
separated geographically, but linked by association or history. (Telecommunications)
Historic Landmark: Any improvement, building or structure of
particular historic or architectural significance to the Town relating to its
heritage, cultural, social, economic or political history, or which exemplifies
historic personages or important events in local, state or national history
identified in the municipality's comprehensive plan, which have been listed or
are eligible to be listed on the National Register of Historic Places. (Telecommunications,
Subdivision)
Home Occupation: An occupation or profession that is
customarily conducted on or in a residential structure or property and
that: 1) is clearly incidental to and
compatible with the residential use of the property and surrounding residential
uses; and 2) employs no more than two (2) persons other than family members
residing in the home. (Site Plan; Shoreland)
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. (Site Plan)
Hotel/Motel: A commercial
building or group of buildings with sleeping rooms without cooking facilities,
built to accommodate, for a fee, travelers and other transient guests who are
staying for a limited duration, 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. (Site Plan)
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 or wetland than
the closest portion of the existing structure from that water body or
wetland. Included in this allowance are
expansions which in-fill irregularly shaped structures. (Shoreland)
Individual Private Campsite: An area of land that is not associated with a
campground but that is developed for repeated camping by only one (1) group,
not to exceed ten (10) individuals, and that involves site improvements that
may include but not be limited to gravel pads, parking areas, fireplaces, or
tent platforms. (Site Plan; Shoreland)
Industrial or
Industrial Park or Development: A subdivision developed 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. (Subdivision)
Industrial
(Use): The assembling, fabrication,
finishing manufacturing, packaging, or processing of goods, or the extraction
of minerals. (Site Plan; Shoreland)
Institutional
Use:
A) A building or use devoted to some public,
governmental, educational, charitable, medical, or similar purpose.
B) A nonprofit, religious, or public use, such as
a church, library, public or private school, hospital, or government-owned or
–operated building, structure, or land used for public purpose, including
nursing home or congregate care.
(Site Plan)
Junkyard: A yard, field, or other area used as a place
of storage for: 1) discarded, worn-out, or junked plumbing, heating supplies,
household appliances, and furniture; 2) discarded, scrap, or junked lumber; 3)
old or scrap copper, brass, rope, rags, batteries, paper trash, rubber, debris,
waste, and all scrap iron, steel, and other scrap ferrous or nonferrous
material; and 4) garbage dumps, waste dumps, and sanitary fills. (Site Plan)
Kennel: A commercial establishment in which, for a
fee, more than four (4) dogs or four (4) cats are sold, housed, bred, boarded,
or trained. (Site Plan)
Line of sight: The direct view of the object from the
designated scenic resource. (Telecommunications)
Locally Established
Datum: 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. (Floodplain)
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.K. of the Town’s Floodplain Ordinance. (Floodplain)
Marina: A business establishment having frontage on
navigable water and, as its principal use, providing for hire offshore moorings
or docking facilities for boats, and which may also provide accessory services
such as boat and related sales, boat repair and construction, indoor and
outdoor storage of boats and marine equipment, boat and tackle shops and marine
fuel service facilities. (Site Plan; Shoreland)
Market Value: The estimated price a property will bring in
the open market and under prevailing market conditions in a sale between a
willing seller and a willing buyer, both conversant with the property and with
prevailing general price levels. (Site Plan; Shoreland)
Manufactured Home or Housing:
1)
A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management purposes the term
manufactured home also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days.
(Floodplain)
2) A structural unit or units designated 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 that
is constructed at a manufacturing facility and is transported to a building
site where it is used for housing and that may be purchased or sold by a dealer
in the interim. For purposes of this
section, two (2) types of manufactured housing are included. Those two (2) types are:
A. Those units constructed after June 15, 1976,
commonly called “newer mobile homes,” that the manufacturer certifies are
constructed in compliance with the United States Department of Housing and
Urban Development standards, meaning structures transportable in one (1) or
more sections that in the traveling mode are fourteen (14) body feet or more in
width and are seven hundred and fifty (750) or more square feet and that are
built on a permanent chassis and are designed to be used as dwellings, with or
without permanent foundations, when connected to the required utilities
including the plumbing, heating, air-conditioning, or electrical systems
contained in the unit.
1. This
term also includes any structure that meets all the requirements of this
subparagraph 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.
B. Those units, commonly called “modular homes”
that the manufacturer certifies are constructed in compliance with Title 10,
Chapter 957 and rules adopted under that chapter, meaning structures,
transportable in one or more sections, that are not constructed on a permanent
chassis and are designed to be used as dwellings on foundation when connected
to required utilities, including the plumbing, heating, air-conditioning, or electrical
systems contained in the unit.
(Subdivision; Land Use)
Manufactured
Mineral Exploration: Hand sampling, test boring, or other methods
of determining the nature or extent of mineral resources that create minimal
disturbance to the land and that include reasonable measures to restore the
land to its original condition. (Site
Plan; Shoreland)
Mineral Extraction: Any operation within any twelve- (12-) month
period that removes more than one hundred (100) cubic yards of soil, topsoil,
loam, sand, gravel, clay, rock, peat, or other like material from the natural
location and that transports the product removed away from the extraction site.
(Site Plan; Shoreland)
Minimum
Minor Development: All development that is not new construction
or a substantial improvement, such as repairs, maintenance, renovations, or
additions, whose value is less than 50% of the market value of the
structure. It also includes, but is not
limited to: accessory structures as provided for in Article VI.I., mining,
dredging, filling, grading, paving, excavation, drilling operations, storage of
equipment or materials, deposition or extraction of materials, public or
private sewage disposal systems or water supply facilities that do not involve
structures; and non-structural projects such as bridges, dams, towers, fencing,
pipelines, wharves and piers. (Floodplain)
Minor Street:
Mobile-Home-Park
Multi-Unit Residential: A
residential structure containing three (3) or more residential dwelling units.
(Subdivision; Site Plan; Shoreland)
Natural-Resource-Based
Industry: Includes the extraction and
processing or water, wood and lumber, minerals and soils, and the associated
retail functions. Examples include wells
and bottling plants, sawmills and lumberyards, and mining and soil-processing
industries. (Site Plan)
National Geodetic
Vertical Datum (NGVD) - means the national vertical datum, whose
standard was established in 1929, which is used by the National Flood Insurance
Program (NFIP). NGVD was based upon mean
sea level in 1929 and also has been called “1929 Mean Sea Level (MSL)”.
(Floodplain)
Natural-Resource-Based
Recreation: Outdoor commercial
recreational facilities that have a primary characteristic of requiring a
sizable amount of land, including but not limited to ball fields, golf courses,
driving ranges, and the associated retail functions must be incidental to the
recreational use and may include the sale or rental of goods and services
related to the recreation, as well as refreshment stands. (Site Plan)
Net Residential Acreage: The total acreage available for the
subdivision and shown on the proposed subdivision plan, minus the area for
streets or access and the areas that are unsuitable for development. (Subdivision)
Net Residential Density: