The following words,
terms and phrases shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different
meaning:
ABANDONED BUILDING
A building which is unoccupied, not in compliance with the
City property maintenance code, or not in compliance with the City
building code, and for which the owner cannot be located.
ACCESSORY BUILDING
A subordinate building or a portion of the main building,
the use of which is incidental and subordinate to that of the main
or principal building.
ACCESSORY RETAIL SALES
The on-site retail sale of products that an industrial or
manufacturing use produces on site and sells as an accessory use to
the industrial or manufacturing use. The retail sales area is limited
to the lesser of 20% of the floor space of the manufacturing or industrial
use or an area that is no greater than 5,000 square feet in size.
[Added 10-16-2018]
ACCESSORY STRUCTURE OR USE
A use customarily incidental and subordinate to the principal
building or use and located on the same lot with such principal building
or use.
AFFORDABLE HOUSING
Housing that is targeted to persons who cannot afford the
median cost to purchase or rent a housing unit in Belfast, and that
includes provisions to ensure the affordability of the housing unit
for a period of not less than 20 years.
[Added 10-6-2020]
AGGRIEVED PARTY
A person whose land is directly or indirectly affected by the granting or denial of a permit or variance under the provisions of the zoning regulations (chapter
102), the shoreland zoning regulations (chapter
82) and the site plan review regulations (chapter
90), or a person whose land abuts land for which a permit or variance has been granted.
AGRICULTURE
The production, keeping or maintenance, for sale or lease,
of plants and/or animals, including but not limited to forages and
sod crops products, livestock, fruits and vegetables, and ornamental
and greenhouse products. Agriculture does not include forest management
and timber harvesting activities.
ALLEY
A space of 20 feet or less between structures.
APARTMENT
A dwelling unit which is located in a building with more
than one dwelling unit.
AQUACULTURE, FRESHWATER
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species in a freshwater waterbody; such
as a stream, river, or pond. Said facility may involve the intake
of marine waters or discharge of waters to marine waters and be considered
a freshwater aquaculture operation.
[Added 10-16-2018]
AQUACULTURE, LAND-BASED
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species in an onshore land-based facility.
Said facility may involve the intake of marine waters or discharge
of waters to marine waters and be considered a land-based aquaculture
operation.
[Added 10-16-2018]
AQUACULTURE, MARINE
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species entirely within a marine environment,
such as Belfast Bay.
[Amended 10-16-2018]
ART GALLERY
A business providing space for the display and sale of graphic
art, sculpture, textiles and photographs to the public.
AUTOMOBILE GRAVEYARD
A yard, field or other area used to store three or more unserviceable,
discarded, wornout or junked motor vehicles as defined in 29-A M.R.S.A.
§ 101, or parts of such vehicles. The term "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.
AVERAGE DAILY TRAFFIC (ADT)
The number of vehicles using a street, in both directions,
during a twenty-four-hour period, specified as the average traffic
by the state department of transportation, or the number of vehicles
specified as the average daily traffic generated by a land use as
specified by the Traffic Generation Handbook of the Institute of Traffic
and Transportation Engineers.
BASEMENT
Any area of a building having its floor subgrade (below ground
level) on all sides.
BASIN (DRAINAGE)
Those facilities which provide temporary or permanent impoundment
of water for flood control and other water resource purposes.
BED AND BREAKFAST
A type of lodging based in the permanent dwelling of the
person acting as proprietor that offers for payment sleeping rooms
on a transient basis to the general public. A transient basis is a
maximum stay of 30 days in any consecutive forty-five-day period.
A bed and breakfast may offer meals to transient guests and may offer
evening meals, reservation only, to nonguests. Three classes of bed
and breakfast operations are permitted:
(1)
Class 1 bed and breakfast. A bed and breakfast that has 10 or
fewer sleeping rooms and whose license from the City does not allow
it to host small functions or special functions.
(2)
Class 2 bed and breakfast. A bed and breakfast that has at least
three but no more than 10 sleeping rooms, and whose license from the
City allows it to host small functions, but special functions are
prohibited.
(3)
Class 3 bed and breakfast. A bed and breakfast that has at least
three but no more than 10 sleeping rooms, and whose license from the
City allows it to host small functions and special functions.
BITUMINOUS MIXING OPERATIONS
A use generally associated with gravel and other mineral
extraction operations which involves portable or fixed machinery or
equipment used to manufacture bituminous concrete (a.k.a. hot top).
BOAT LAUNCHING FACILITY
A facility designed primarily for the launching and landing
of watercraft, which may include an access ramp, docking area, and
parking spaces for vehicles and trailers.
BOATYARD
A facility, whether open or enclosed, providing for the storage
of boats and ships.
BUFFER YARD
A unit of land, together with a specified type and amount
of planting thereon, and any structures, such as but not limited to
fences, retaining walls and berms, which may be required between land
uses to eliminate or minimize conflicts.
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure or persons, animals
or chattel. Each portion of a building separated from other portions
by a firewall shall be considered as a separate building except in
the Downtown Commercial District.
BUILDING CODE
The code adopted by the City to establish building standards
for new construction and renovation in the City.
BUSINESS
One's occupation, profession, or trade; the purchase and
sale of goods in an attempt to make a profit; a person, partnership
or corporation engaged in this; or an established or going enterprise
or concern.
BUSINESS PARK
A planned development designed and arranged for business
and professional uses, uses that are accessory uses or uses that provide
services to business and professional uses.
CALIPER
A measurement of the size of a tree equal to the diameter
of its trunk measured six inches above natural grade for trees having
calipers less than or equal to four inches in diameter, and measured
12 inches above grade for tree calipers greater than four inches in
diameter.
CAMPGROUND
Any premises established for overnight use for the purpose
of temporary camping and for which a fee is charged.
CELLAR SPACE
That portion of a building which is located below grade.
CEMETERY
A parcel of land used as a final resting place for deceased
persons.
CEO
See "Code enforcement officer."
CERTIFICATE OF COMPLIANCE
A document signed by the code enforcement officer stating
that a structure or development is in compliance with the provisions
of all applicable City ordinances.
CERTIFICATE OF OCCUPANCY
A document signed by the code enforcement officer stating
that a structure and/or development is in compliance with the provisions
of all applicable City ordinances and permits issued for the structure
and/or development.
CITY ENGINEER
The City engineer may be a regular employee of the City or
a consultant to the City. The individual designated as City engineer
shall be a registered professional engineer, licensed by the state.
CLUSTER HOUSING
A subdivision lot layout design that concentrates homes in
specific areas on the site to allow the remaining land to be used
for recreation, open space and the preservation of environmentally
sensitive areas.
COASTAL WETLAND
All tidal and subtidal lands; all lands below any identifiable
debris line left by tidal action; all lands with vegetation present
that is tolerant of saltwater and occurs primarily in a saltwater
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous low land which is subject to tidal action during the maximum
spring tide level as identified in tide tables published by the National
Ocean Service. Coastal wetlands may include portions of coastal sand
dunes.
CODE ENFORCEMENT OFFICER (CEO)
Any person responsible for performing the inspection, licensing,
and enforcement duties required by a particular statute or ordinance.
COMMERCIAL AGRICULTURE
An agricultural activity which primarily produces a product
for sale rather than for home or personal family use.
COMMERCIAL TIMBER HARVESTING
The cutting or removal of at least 50 cords of timber for
the primary purpose of selling or processing forest products (12 M.R.S.A.
§ 8868(4)).
COMMERCIAL USE
The use of lands, buildings, or structures, other than a
home occupation, 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.
CONDOMINIUM
A form of ownership of a building or structure, and is not
a designation of a specific type of building or structure.
CONFORMING
A building, structure or use of land which is in full compliance
with the provisions of all applicable City ordinances.
CONTRACT REZONING
The process by which the property owner, in consideration
of the rezoning of that person's property, agrees to the imposition
of certain conditions and restrictions not imposed on similarly zoned
properties.
CORNER LOT
A lot that is located at the intersection of two streets.
For purposes of determining setbacks from the road right-of-way, the
setback requirement from the road right-of-way shall apply to the
main street and the side yard setback requirement shall apply to the
side street.
COVERAGE
That percentage of the lot area covered by all structures
and nonvegetated surfaces.
CRAFTS
A product produced through manual or mechanical skill.
CRAFTS FAIR
The use of a building or property for the sale of crafts.
CURB CUT
An access or entry point onto the public way for ingress
or egress by motor vehicles.
DANGEROUS BUILDING
A structure which, in the opinion of the code enforcement
officer, is in imminent danger of failure or collapse, or the condition
when any structure or part of a structure has fallen and life is endangered
by the occupation of the structure.
DENSELY DEVELOPED AREA
Any commercial, industrial or compact residential area of
10 or more acres with an existing density of at least one principal
structure per 10,000 square feet.
DETENTION STORAGE
The temporary detaining or storage of stormwater in aboveground
or belowground reservoirs or other areas under predetermined and controlled
conditions, with a controlled rate of discharge therefrom.
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.
(1)
MAJOR DEVELOPMENTStructures which, together with parking lots and other impervious surfaces, cover a ground area of three acres or more, but less than seven acres. For purposes of City municipal review authority of projects subject to the state Site Location Development Law, major development shall also include subdivisions in excess of 20 acres as defined in 38 M.R.S.A. § 481 et seq.
(2)
MINOR DEVELOPMENTA development which has a total floor area in excess of 3,000 square feet or a development which will utilize more than one acre, but less than three acres, of nonvegetated surfaces.
DIMENSIONAL REQUIREMENTS
Numerical standards relating to spatial relationships, including,
but not limited to, setback, lot area, lot coverage, frontage, and
structure height.
DISCHARGE
The outflow of water, silt or other mobile substances passing
along a conduit, watercourse, or a channel or released from detention
storage.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading, or other means. Drainage includes the control of
runoff to minimize erosion and sedimentation during or after development
and includes the means necessary for water supply preservation or
for prevention or alleviation of flooding.
DRIVEWAY
A vehicular accessway serving not more than two lots or two
dwelling units.
DWELLING STRUCTURE
A fixed structure in which there are one or more dwelling
units, including condominium units, as the primary use of the structure.
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, whether contained within a single-family or multifamily
structure, and condominiums, and shall include timeshare units, apartments,
and mobile homes, but not recreational vehicles.
EARTH and EARTH REMOVAL
The term "earth" includes topsoil (loam), sand, gravel, and
clay taken from the land. The term "earth removal" means the extraction
of topsoil, sand, gravel, and clay and the transportation of the earth
to a different site.
EARTH FILL and EARTH FILLING
The placement of clean soil material, rocks, bricks, or cured
concrete that is not mixed with other solid or liquid waste and is
not derived from an ore mining activity, in a different location from
that where the material was removed.
ELDERLY CONGREGATE RESIDENTIAL HOUSING FACILITY
A residential housing facility occupied exclusively by elderly
persons that must provide shared community space and shared dining
facilities and that normally also provides its residents with housekeeping
services, personal care and assistance, transportation assistance,
recreational activities, and/or specialized shared services, such
as medical support services and physical therapy. Additionally, an
elderly congregate residential housing facility may include specialized
facilities that provide long-term residential care, such as those
designed specifically for persons with Alzheimer's Disease or other
afflictions of the elderly for which specialized care outside of a
nursing home may be appropriate. By "elderly" person is meant a person
55 years of age or older, or a couple that constitutes a household
and at least one of whom is 55 years or older at the time of entry
into the facility. To qualify as an elderly congregate residential
housing facility the owner of the facility must enter an agreement
with the City that specifically restricts the use of the residential
units to persons who satisfy this definition, and that stipulates
the owner shall deliver the services required by this definition.
ELDERLY HOUSING
Housing units intended for and solely occupied by persons
62 years of age or older or, an elderly couple whose head or spouse
is 62 years of age or older. To qualify as elderly housing, the owner
of such housing units must enter an agreement with the City that specifically
restricts the use of the housing units to persons who satisfy this
definition.
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 death, destruction or injury.
EROSION
The detachment and movement of soil, organic matter or rock
fragments by water, wind, ice or gravity.
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 similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems do not include poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, nor do such systems include service drops or buildings which are necessary for the furnishing of such services. Further, such systems shall not include telecommunication facilities, preexisting accessory use tower/antenna, or antennas as such are defined in this Code, chapter
102, Zoning, article
VIII, Supplementary District Regulations, division 5, Telecommunication Facilities, section
102-1032, Definitions.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed, and shall include the
conditions resulting therefrom.
EXPANSION OF A STRUCTURE
An increase in the floor areas or volume of a structure,
including all attached extensions such as, but not limited to, decks,
garages, porches and greenhouses.
EXPANSION OF USE
The addition of weeks, months or days to a use's operating
season, additional hours of operation, or the use of more floor area
or ground area devoted to a particular use.
FAIR MARKET VALUE
The value of the construction cost, including both material
and labor, for which a permit application has been made.
FAMILY
A group of persons including parents, children, etc., who
share a dwelling unit.
FAST FOOD RESTAURANT
A "restaurant" whose principal business is the sale of on-premise
prepared or rapidly prepared food or beverages in a ready to consume
state, served in disposal wrappings or containers for consumption,
in which the sale occurs through the use of two or more food service
stations, one of which may be a drive-through window or take-out window.
A food service station consists of any of the following: a single
station where the customer order, pays for and picks up food and beverage;
a separate station where the customer orders and pays for the food
and beverage; a separate station where the customer picks up the food
and beverage; a single drive-through window or customer window where
the customer orders, pays for and picks up food or beverage; or a
separate voice box station which the customer uses to place an order
for food or beverage, and a separate window which the customer uses
to pay for and pick-up the food or beverage ordered.
FLOOR AREA
The sum of the horizontal areas of the floors of a structure
enclosed by exterior walls, plus the horizontal area of any unenclosed
portions of a structure, such as porches and decks.
FLOOR AREA FACTOR
A ratio derived by dividing the total floor area by the net
buildable site area.
FLOOR AREA RATIO
A ratio derived by dividing total floor area by the total
site area.
FOREST MANAGEMENT ACTIVITIES
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities,
timber stand improvement, pruning, regeneration of forest stands,
and other similar or associated activities, exclusive of timber harvesting
and the construction, creation or maintenance of roads.
FOUNDATION
The supporting substructure of a building or other structure,
including, but not limited to, basements, slabs, sills, posts or frost
walls.
FREQUENTLY FLOODED
See "Hydric soils." Frequently flooded means that flooding
is likely to occur often under usual weather conditions, with more
than a 50% chance of flooding in any year, or more than 50 times in
100 years.
FUNCTIONAL 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 water and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat facilities, marinas, navigation aids, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. (NOTE: Consult Chapter
78, Floods, for a definition of functional water dependent use as it applies to Chapter
78 issues and text.)
GARAGE, PRIVATE
A building for the private use of the owner or occupant of
a principal building situated on the same lot as the principal building
for the storage of motor vehicles, with no facilities for the mechanical
service or repair of a commercial or public nature.
GARAGE, PUBLIC
A building designed and used for storage of automotive vehicles
operated as business enterprise, with a service charge or fee being
paid to the owner or operator for the parking or storage of privately
owned vehicles.
GENERAL SURFACE WATER RESOURCE AREAS
Areas along all brooks, streams, wetlands and natural drainageways
not protected by 38 M.R.S.A. but considered to have value in their
natural state for the maintenance of biotic systems and in their capacity
to carry stormwater.
GREAT POND
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres,
except, for the purposes of the shoreland zoning 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 classified GPA pursuant to 38 M.R.S.A. § 465-A.
This classification includes some, but not all, impoundments of rivers
that are defined as great ponds.
GREENHOUSE
A building which is constructed primarily of glass or polyfilm
for the purpose of nurturing plants.
GROSS FLOOR AREA
(1)
Gross floor area means the sum of the gross area of the several
floors of a building measured from the exterior faces of exterior
walls or from the centerlines of walls separating two buildings. In
particular, floor area generally includes:
a.
Basement space, except as specifically excluded.
b.
Elevator shafts or stairwells at each floor.
c.
Floorspace in penthouses.
d.
Attic space (whether or not a floor has been laid) providing
structural headroom of seven feet six inches or more.
e.
Floorspace in interior balconies or mezzanines.
f.
Any other floorspace used for dwelling purposes, no matter where
located within a building.
g.
Floorspace in accessory buildings, except for floorspace used
for accessory off-street parking.
h.
Any other floorspace not specifically excluded.
(2)
The gross floor area of a building shall not include:
a.
Cellar space, except that cellar space used for retailing shall
be included for the purpose of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
b.
Elevator or stair bulkheads, accessory water tanks, or cooling
towers.
d.
Attic space (whether or not a floor actually has been laid)
providing structural headroom is less than seven feet six inches.
e.
Floorspace used for mechanical equipment.
HABITAT, SIGNIFICANT WILDLIFE
Areas designated by the state department of environmental
protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A.
§ 480A-480Y.
HAZARDOUS MATERIALS
Any gaseous, liquid, or solid material or substance designated
as hazardous by the United States Environmental Protection Agency
or state department of environmental protection.
HAZARDOUS WASTE
Any byproduct of an industrial or commercial use which is
a gaseous, liquid, or solid material or substance designated as hazardous
by the United States Environmental Protection Agency or state department
of environmental protection.
HEALTH CARE OFFICES
Offices of doctors, dentists, mental health clinics, optometrists,
osteopaths, physical therapy clinics, chiropractors, and all appropriate
categories not included specifically.
HEIGHT OF A STRUCTURE
The vertical measurements from the average finished grade
of the ground to the highest roof beams on a flat or shed roof, to
the deck level on a mansard roof, and the average distance between
the eaves and the ridge level for gable, hip and gambrel roofs. Said
measurements of structure height shall exclude chimneys, antennas,
solar panels, steeples or cupola-like architectural enhancements that
do not result in an increase in the usable amount of floor area of
a structure, and similar appurtenances which have no usable floor
area. Figure 1, below, is a diagram of how building height is measured.
[Amended 10-16-2018]
HOME OCCUPATION
An occupation or profession which is customarily conducted
on or in a residential structure or property and which is clearly
incidental to and compatible with the residential use of the property
and surrounding residential uses and employs no more than two persons
other than family members residing in the home, without display or
advertising other than one sign not to exceed two square feet in area
and containing no more than the name and business of each proprietor.
HOME OCCUPATION (EXPANDED DEFINITION)
A home occupation shall be accessory to a residential use
and clearly incidental and secondary to the residential use of the
dwelling unit. A home occupation shall be permitted if it complies
with all of the following requirements:
(1)
Permitted home occupations shall be carried out without altering
the residential character of the structure or the rural character
of the area or neighborhood or changing the character of the lot from
its principal use as a residence.
(2)
The general performance standards in the zoning regulations (chapter
102), where applicable, shall be met. Objectionable conditions such as, but not limited to, noise, smoke, dust, odors, or glare shall not be generated.
(3)
No traffic shall be generated by such home occupation in substantially
greater volumes than would normally be expected in the neighborhood/area/zone.
(4)
The home occupation shall be carried on wholly within the principal
or accessory residential structures.
(5)
The home occupation shall be carried on exclusively by a resident
or resident members of the dwelling unit. In addition to the residents
of the dwelling unit, no more than three full-time employees or that
number of part-time employees required to do the work of three full-time
employees may be employed in the home occupation on the site at any
one time.
(6)
Exterior storage for small quantities of materials may be permitted,
provided that it is not incompatible with the residential/rural character
of surrounding properties, and is not in the setback.
HYDRIC SOILS
Soils that are saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper
part (USDA Soil Conservation Service 1987). In general, hydric soils
are flooded, ponded, or saturated for usually one week or more during
the period when soil temperatures are above biologic zero (41°
F.) as defined by "Soil Taxonomy" (USDA Soil Survey Staff 1975). These
soils usually support hydrophilic vegetation.
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 10 individuals and which involves site improvements which
may include, but are not limited to, gravel pads, parking areas, fireplaces,
and/or tent platforms.
INDUSTRIAL
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods, or the extraction of minerals.
IMPERVIOUS SURFACE
Any hard-surfaced manmade area that does not readily absorb
or retain water, including, but not limited to, building roofs, paved
or graveled parking and driveway areas, sidewalks and paved recreational
facilities.
IMPERVIOUS SURFACE RATIO
Is a measure of the intensity of land use which is determined
by dividing the total area of all impervious surfaces on a site by
the gross lot area.
IMPROVED LOT
A parcel which has been developed, including, but not limited
to, construction of buildings and/or installation of utilities.
INDUSTRIAL PARK
A subdivision of land intended or designed exclusively for,
and/or developed for, more than one distinct industrial use, its accompanying
accessory use, and uses that service industrial uses.
JUNKYARD
(1)
A yard, field or other land area used to store discarded, wornout
or junked plumbing, heating supplies, household appliances and furniture;
(2)
A yard, field or other land area used to store discarded, scrap
and junked lumber;
(3)
A yard, field or other land area used to store 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.
LICENSED PLUMBING INSPECTOR (LPI)
An individual licensed by the state department of human services
to review and inspect requests for internal and external plumbing
permits and to enforce the provisions of the state plumbing codes
as well as local codes related to plumbing.
LIGHT INDUSTRIAL
Manufacturing, altering, processing, assembling, warehousing
or servicing goods in a manner which will not create noise, vibration,
glare, dust, heat, smoke, odor or other substance or condition which
would interfere with or be incompatible with other uses permitted
in the district.
LIGHT MANUFACTURING
The use of real estate, buildings or structures which involves
a process or manufacturing assembly which will not create noise, smoke,
fumes, vibration or odor outside of the building or structure in which
the use is to take place on the property. Light manufacturing shall
be limited to the use of less than 2,000 square feet in the Waterfront
I "B" District and 3,000 square feet in Waterfront I "A" District,
with the maximum number of employees not to exceed 12.
LOT
A registered or recorded parcel of land of at least sufficient
size to meet minimum zoning requirements for use and dimensions and
to provide such yards and other open spaces as required by City ordinances.
An easement shall not be considered a lot.
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 FRONTAGE
As described in the standards for each zoning district in the zoning regulations (chapter
102), lot frontage shall mean:
(1)
The frontage on the road right-of-way if the lot fronts on a
road; or
(2)
If a lot has no frontage on a road, the shortest dimension of
the lot, provided a rectangle may be located on the lot which has
for its dimensions the shortest dimension by the shortest dimension
times 1.25.
LOT LINES
(2)
REAR LOT LINEA lot line which is opposite and most distant from the front lot line. In the case of a triangular or irregular lot, the rear lot line is a line 10 feet long within the lot, parallel to and farthest from the front lot line.
LPI
Licensed plumbing inspector.
MANUFACTURED HOUSING
A structural unit designed for occupancy and constructed
in a manufacturing facility and transported, by the use of its own
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. This definition includes 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, with or without permanent foundations,
when connected to the required utilities, including the plumbing,
heating, air conditioning or electrical systems contained in the unit.
This term also includes any structure which meets all the requirements
of this subsection 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, 42 USC § 5401 et seq.
MANUFACTURED HOUSING COMMUNITY
A parcel of land under unified ownership approved by the
municipality for the placement of three or more manufactured homes
(mobile homes).
MANUFACTURING USE
The use of real estate, buildings, or structures which involves
a process or manufacturing assembly.
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 prevailing general price levels.
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-month period which removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock, peat, or other mined material from its natural location and
transports the product away from the extraction site. Uses associated
with mineral extraction include, but are not limited to, bituminous
mix plants, crushing/screening operations and ready-mix concrete plants.
MINIMUM LOT WIDTH
The closest straight line distance between the side lot lines
of a lot.
MOBILE HOME
A unit manufactured before June 16, 1976, used or constructed
to permit its conveyance on the public streets and highways or transportable
in one or more sections and constructed in such a manner as will permit
occupancy thereof as a dwelling or sleeping place for one or more
persons and provided with a toilet and a bathtub or shower.
MODULAR HOME
Those units commonly called "modular homes," which the manufacturer
certifies are constructed in compliance with state law, and rules
adopted under state law, meaning structures, transportable in one
or more sections, which are not constructed on a permanent chassis
and are designed to be used as dwellings on foundations when connected
to required utilities, including the plumbing, heating, air conditioning
or electrical systems contained in the unit.
MOTEL
A building or group of detached or connected buildings used
for lodging by the traveling public, in return for payment. The term
"motel" shall include "hotel."
MUNICIPAL USE
Buildings, structures, premises, and utility infrastructure
declared a municipal use by the City Council.
NET ACRE
An area of 43,560 square feet which does not contain any
area required for streets.
NEW SEPTIC SYSTEM VARIANCE
A variance to the rules authorized by the state department
of health engineering for a new septic system. (Definition taken from
the state subsurface wastewater disposal rules.)
NONCONFORMING
A building, structure, or use of land legally existing at
the time of adoption of this ordinance or at the time of adoption
of the prior zoning ordinance on July 16, 1985, which building, structure,
or use of land does not conform with the provisions established by
the shoreland zoning ordinance or the prior ordinance adopted July
16, 1985.
NONCONFORMING USE UNDER PROVISIONS OF THE SHORELAND ZONING ORDINANCE
Use of a building, structure, premises, land or part thereof
which is not permitted in the district in which it is situated, but
which is allowed to remain because it was in lawful existence at the
time the shoreland zoning ordinance or a subsequent amendment took
effect.
NORMAL HIGH-WATER MARK (LINE)
That line which is apparent from visible markings or 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 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.
OPEN SPACE
Land used for recreation, resource protection, amenities
and/or buffers, excluding roads.
PARKING LOT
A parcel or area of land designed for the parking of motor
vehicles.
PEAK FLOW
The maximum rate of flow of water at a given point in a channel,
watercourse, or conduit resulting from a specified (five-year, twenty-,
fifty-, one-hundred-year, etc.) storm or flood.
PERFORMANCE GUARANTEE
A financial guarantee to ensure that all improvements, facilities,
or work required by any ordinance will be completed or maintained
in compliance with such ordinances.
PERMANENT FOUNDATION
Any of the following:
(1)
A full poured concrete or masonry foundation;
(2)
A poured concrete frost wall or a mortared masonry frost wall,
with or without a concrete floor;
(3)
A reinforced floating concrete pad for which the City may require
an engineer's certification if it is to be placed on soil with high
frost susceptibility; or
(4)
Any foundation which, pursuant to the building code for the
City, is permitted for other types of single-family dwellings.
PERMIT, AFTER-THE-FACT
A permit which is applied for after the work for which the
permit is required has begun.
PERMITTEE
Any person receiving a permit from the City.
PERSON
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, or association, two or more individuals
having a joint or common interest, or other legal entity.
PET
A dog, cat, bird, fish, rabbit, or other small animal normally
and conventionally kept and permitted in all districts. Excluded are
poultry, ponies, horses, cattle, sheep and other livestock conventionally
recognized as farm, recreational, or sporting animals.
PLANNED DEVELOPMENT
A parcel of land being improved by construction of buildings
and/or improvements to the land for which a plan is required.
PLANNED UNIT DEVELOPMENT
Land under unified management, planned and developed as a
whole according to comprehensive and detailed plans. Any use permitted
in the district in which a planned unit development is located shall
be allowed within the development, as well as a multi-dwelling unit
structure. Such development can involve new construction or the conversion
of existing structures.
PRACTICAL DIFFICULTY
A case where strict application of the dimensional standards of chapter
102, Zoning, to the property for which a variance is sought would both preclude a use of the property which is permitted in the zoning district in which it is located and also would result in economic injury to the applicant.
PREMISES
One parcel of land or two or more parcels of land which are
in the same ownership and are contiguous.
PRINCIPAL USE
A use other than one which is wholly incidental or accessory
to another use on the same premises.
PROFESSIONAL OFFICES
Places of business maintained by one or more individuals
who have recognized professional accreditation in their field, which
requires an appropriate academic degree.
PUBLIC ACCOMMODATIONS
Hotels, motels, inns, bed and breakfasts, campground establishments
and seasonal housekeeping units.
PUBLIC FACILITY
Any facility, including, but not limited to, buildings, property,
recreation areas, and roads, which is owned, leased or otherwise operated
or funded by a governmental body or public nonprofit entity.
PUBLIC PARK
A piece of ground set apart for any use as a public place
for recreation and which is owned and maintained by the City.
PUBLIC USE
A publicly owned facility or a facility for the conduct of
public business to which the public has access during normal business
hours.
QUASIPUBLIC USE
A facility owned by a quasipublic or nonprofit organization
and operated for a public purpose and to which the public has access
during normal business hours.
RECENT FLOODPLAIN SOILS
The following soil series as described and identified by
the National Cooperative Soil Survey: Alluvial, Cornish, Charles,
Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney,
Saco, Suncook, Sunday, Winooski.
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 pickup 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.
REPLACEMENT SEPTIC 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;
and
(2)
Any existing overboard wastewater discharge.
REPLACEMENT SEPTIC SYSTEM VARIANCE
A variance to the rules authorized by the licensed plumbing
inspector or the state department of human services for a replacement
septic system.
RESIDENTIAL DWELLING UNIT
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one family. The term shall include mobile homes, but not recreational
vehicles.
RETAIL USE, BUILDING SUPPLY
A retail store in which the predominant amount of goods offered
for sale include products such as but not limited to the following:
durable equipment sales, contractors' sales, hardware supplies and
lumber.
RETAIL USE, GENERAL MERCHANDISE, CLOTHING AND/OR GROCERIES
A retail store in which the predominant amount of goods offered
for sale include products such as but not limited to the following:
clothing, furniture, shoes, electronics, household durable goods,
home furnishings, dry goods stores, pharmaceuticals, jewelry, sporting
goods, antiques, books, and food/groceries.
RIPRAP
Rocks, irregularly shaped, and at least six inches in diameter,
used for erosion control and soil stabilization, typically used on
a ground slope of two units horizontal to one unit vertical or less.
RIVER
A free-flowing body of water including its associated floodplain
wetlands from that point at which it provides drainage for a watershed
15 square miles to its mouth.
RIVERINE
Relating to, formed by or resembling a river (including tributaries),
stream, brook, or other natural flowage.
ROAD
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles.
ROOMINGHOUSE
A dwelling structure in which there is a dwelling unit in
which two or more people who are not a family rent space from the
resident-owner.
RURAL AFFORDABLE HOUSING DEVELOPMENT PROJECT
A project that has no less than two or more than seven dwelling
units in which the City allows flexibility regarding the dimensional
standards that routinely apply to a zoning district, including but
not limited to minimum lot size, lot frontage and setback requirements,
and flexibility regarding the construction requirements that apply
to common improvements, including but not limited to roads, sidewalks,
and utility construction, subject to the project incorporating stipulations
that will ensure the dwellings that are constructed will be owned
or occupied by persons who earn no more than 120% of the annual median
family income for the Belfast Labor Market area.
SALT MARSH
Areas along coastal waters (most often along coastal bays)
which support salt-tolerant species, and where, at average high tide
during the growing season, the soil is regularly inundated by tidal
water. The predominant species is saltmarsh cordgrass (Spartina alterniflora).
More open areas often support widgeon grass, eelgrass, and sago pondweed.
SALT MEADOW
Areas which support salttolerant plant species bordering
the landward side of salt marshes or open coastal water, where the
soil is saturated during the growing season, which is rarely inundated
by tidal water. Indigenous plant species include salt meadow cordgrass
(Spartina patens) and black rush; common threesquare occurs in fresher
areas.
SEDIMENTATION
The deposition of soil particles that have been transported
from their site of origin by water, ice, wind, gravity, or other natural
means.
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 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 is less than 1,000 feet in length.
SETBACK
The nearest horizontal distance from a lot line or normal
high-water line to the nearest part of a structure, road, parking
space or other regulated object or area.
SHOPPING CENTER
A development which consists of three or more retail stores.
SHORE FRONTAGE
The length of a lot bordering on a water body or a wetland
measured in a straight line between the intersection of the side lot
lines with the shoreline at normal high-water elevation.
SHORELAND ZONE
The land located within 250 feet horizontal distance of the
normal high-water line of any great pond, river, or saltwater body;
within 250 feet of the upland edge of a coastal or freshwater wetland;
or within 75 feet of the normal high-water line of a stream.
SIGN
Any structure, display, logo, device or representation which
is designed or used to advertise or call attention to any thing, person,
business, activity or place and is visible to the public. It does
not include the flag, pennant or insignia of a nation, state or town.
Whenever dimensions of a sign are specified they shall include frames.
Each visible face of a sign shall constitute a separate sign, except
that a sign with two faces shall be counted as one sign provided the
distance between the two faces does not exceed 12 inches.
SIGNIFICANT GROUNDWATER WELL[Added 10-16-2018]
(1)
A well, wellhead, excavation, or other structure, device or
method used by a private person to obtain groundwater that is:
a.
Withdrawing at least 75,000 gallons during any week or at least
50,000 gallons on any day and is located at a distance of 500 feet
or less from a coastal or freshwater wetland, great pond, significant
vernal pool habitat, water supply well not owned or controlled by
the private person (applicant), or river, stream or brook; or
b.
Withdrawing at least 216,000 gallons during any week or at least
144,000 gallons on any day and is located at a distance of more than
500 feet from a coastal or freshwater wetland, great pond, significant
vernal pool habitat, water supply well now owned or controlled by
the private person (applicant), or river, stream or brook.
(2)
Withdrawals of water for firefighting or preoperational capacity
testing are not applied to the above thresholds.
SIGNIFICANT RISK
That the risk is real and not merely hypothetical or statistically
possible.
SIGNIFICANT WATER INTAKE OR SIGNIFICANT WATER DISCHARGE/OUTFALL
PIPE
A water intake or water discharge/outfall pipe used by a
private person to service at least 50,400 gallons during any week
and 36,000 gallons on any day that originates onshore and crosses
above or below ground in or through a waterbody or land area identified
on the City Official Shoreland Zoning Map or Official Zoning Map and
that is subject to Shoreland regulation.
[Added 10-16-2018]
SITE PLAN REVIEW ORDINANCE
The ordinance adopted by the City which establishes the criteria for reviewing developments which have building floor areas in excess of 3,000 square feet or nonvegetated areas of one acre or more, codified herein as chapter
90.
SMALL FUNCTION IN A BED AND BREAKFAST
A function that may occur in a class 2 or class 3 bed and
breakfast that involves no more than 35 participants. Such functions,
by way of illustration only, may include but are not limited to an
educational seminar, a meeting of an organization, a birthday party,
and a wedding. Such functions may include the serving of food, beverages
and/or alcoholic beverages, provided all required licenses are obtained.
Retail sales shall be prohibited at all small functions.
SOILS, HYDROLOGIC
(1)
Group A — Low runoff potential. Soils having high infiltration
rates even when thoroughly wetted and consisting of deep, well to
excessively drained sands or gravels.
(2)
Group B. Soils having a moderate infiltration rate when thoroughly
wetted, and consisting of moderately deep, moderately well drained
to well drained soils with moderately fine to moderately coarse textures.
(3)
Group C. Soils having slow infiltration rates when thoroughly
wetted, consisting of moderately fine to fine texture soils with a
layer that impedes the downward movement of water. The majority of
the soils in the state generally fall into this group.
(4)
Group D. High runoff potential: Soils having a very slow infiltration
rate when thoroughly wetted, consisting mainly of silt to silty clay
and clay soils. These soils are also characteristic of wetland type
areas.
SPECIAL FUNCTION IN A BED AND BREAKFAST
A function that may occur in a class 3 bed and breakfast
that involves no more than 100 participants. Such functions, by way
of illustration only, may include but are not limited to an educational
seminar, a meeting of an organization, a birthday party, and a wedding.
Such functions may include the serving of food, beverages and/or alcoholic
beverages, provided all required licenses are obtained. Retail sales
shall be prohibited at all special functions.
STEEP SLOPE
Land area where the inclination of the land's surface from
the horizontal is 15% or greater. See "Sustained slope."
STORMWATER DRAINAGE SYSTEM
All facilities used for conducting stormwater to, through,
or from a drainage area to the point of final outlet.
STORMWATER RUNOFF
The waters derived from rains falling within a tributary
drainage basin, flowing over the surface of the ground or collected
in channels, watercourses or conduits.
STORMWATER RUNOFF, EXCESS
The volume and rate of flow of stormwater discharged from
a developed drainage area which is or will be in excess of that volume
and rate which existed before development.
STREAM
A free-flowing body of water from the outlet of a great pond
or the point of confluence of two perennial streams as depicted on
the most recent edition of a United States Geological Survey 7.5-minute
series topographic map, or, if not available, a 15-minute series topographic
map, to the point where the body of water becomes a river. Intermittent
streams run six months or less during any twelve-month period. See
Tributary stream.
STREET
Is a general term denoting a public way for the purpose of
vehicular travel, including the entire area with the right-of-way.
STREET, ARTERIAL
A street which serves or connects major urban activity centers,
is a high volume travel corridor, provides for long trip desires and/or
is part of any integrated network providing intercounty and interstate
service.
STREET, COLLECTOR
A street serving as an intracity travel corridor channelizing
and distributing traffic to and from arterial and local streets. Residential
collector streets have an average daily traffic range of 900 to 3,000.
STREET, LOCAL
A street providing access to adjacent land, service to travel
short distances, and the lowest level of mobility and access service
to other streets.
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, utility poles and associated appurtenances, sidewalks and
handicap ramps. The term includes structures permanently or temporarily
located, such as decks, signs (see the City sign ordinance), gas or
liquid storage tanks that are principally stored above ground and
satellite dishes. The term includes any building having a roof supported
by columns or walls. Structures separated only by party walls or abutting
walls without openings shall be deemed to be separate structures.
SUBDIVISION
(1)
Subdivision means the division of a tract or parcel of land
into three or more lots within any five-year period that begins on
or 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 of land into three or more dwelling units
within a five-year period, the construction or placement of three
or more dwelling units on a single tract or parcel of land and the
division of an existing structure or structure's previously used for
commercial or industrial use into three or more dwelling units within
a five-year period.
(2)
In determining whether a tract or parcel of land is divided
into three or more lots, the first dividing of the tract or parcel
is considered to create the first two lots and the next dividing of
either of these first two lots, by whomever accomplished, is considered
to create a third lot, unless:
a.
Both dividings are accomplished by a subdivider who had retained
one of the lots for the subdivider's own use as a single-family residence
or for open space land as defined in 36 M.R.S.A. § 1102,
for a period of at least five years before the second dividing occurs;
or
b.
The division of the tract or parcel is otherwise exempt under
state statutes.
(3)
The dividings of a tract or parcel of land and the lot or lots
so made, which dividings or lots when made are not subject to state
statute, do not become subject to this by the subsequent dividing
of that tract or parcel of land or any portion of that tract or parcel.
The municipal reviewing authority shall consider the existence of
the previously created lot or lots in reviewing a proposed subdivision
created by a subsequent dividing.
(4)
A lot of 40 or more acres shall not be counted as a lot, except:
a.
When the lot or parcel from which it was divided is located entirely or partially within any shoreland area as defined in 68 M.R.S.A. § 435 or the shoreland zoning regulations (chapter
82); or
b.
When the City has, by ordinance, or the municipal reviewing authority has, by regulation, elected to count lots of 40 or more acres as lots when the parcel of land being divided is located entirely outside any shoreland area as defined in 38 M.R.S.A. § 435 or the shoreland zoning regulations (chapter
82).
(5)
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 the 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 this definition, unless the intent of
the transferor in any transfer or gift within this subsection is to
avoid the objectives of state statutes. If the real estate exempt
under this subsection by gift to a person related to the donor by
blood, marriage or adoption is transferred within five 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 lots or lots for the purposes of this subsection.
(6)
The division of a tract or parcel of land into three or more
lots upon each of which lots permanent dwelling structures legally
existed before September 23, 1971, is not a subdivision.
(7)
In determining the number of dwelling units in a structure,
the provisions of state statutes regarding the determination of the
number of lots apply, including exemptions from the definition of
a subdivision of land.
(8)
Notwithstanding the provisions of this definition, leased dwelling
units are not subject to subdivision review if the municipal reviewing
authority has determined that the units are otherwise subject to municipal
review at least as stringent as that required under state statutes.
SUBSTANTIAL EXPANSION
Expansion of a structure in excess of 30% of the gross floor
area or volume prior to expansion. See "Gross floor area" and "Volume
of a structure."
SUBSTANTIAL RISK
The risk is not imaginary or illusory, is considerable in
quantity, and is not merely trivial.
SUBSTANTIAL START
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
SUBSURFACE WASTEWATER DISPOSAL SYSTEM
A collection of treatment tanks, disposal areas, holding
tanks and ponds, private individual surface spray systems, cesspools,
wells, surface ditches, alternative toilets, or other devices and
associated piping designed to function as a unit for the purpose of
disposing of wastes or wastewater on or beneath the surface of the
earth. The term shall not include any wastewater discharge system
licensed under 38 M.R.S.A. § 414, any surface wastewater
disposal system licensed under 38 M.R.S.A. § 413(1)(A),
or any public sewer. The term shall not include a wastewater disposal
system designed to treat wastewater which is in whole or in part hazardous
waste as defined in 38 M.R.S.A. § 1303-C(15).
SUSTAINED SLOPE
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
For purposes of this definition, substantially shall mean for at least
30% of the measured area.
TIMBER HARVESTING
The cutting and removal of trees from their growing site,
and the attendant operation of cutting and skidding machinery, but
not the construction or creation of roads. Timber harvesting does
not include the clearing of land for approved construction.
TRACT OR PARCEL OF LAND
All contiguous land in the same ownership, provided that
lands located on opposite sides of a public or private road are considered
each a separate tract or parcel of land unless the road was established
by the owner of land on both sides of the road.
TRAILER
A unit which would be a mobile home except that it does not
have a toilet and a bathtub or shower.
TRIBUTARY STREAM
A channel between defined banks created by the action of
surface water, whether intermittent or perennial, and which is characterized
by the lack of upland vegetation or presence of aquatic vegetation
and by the presence of a bed devoid of topsoil containing waterborne
deposits on exposed soil, parent material or bedrock, and which flows
to a water body or wetland. This definition does not include the term
"stream" as defined in this section, and only applies to that portion
of the tributary stream located within the shoreland zone of the receiving
water body or wetland.
UNREASONABLE CONGESTION
Traffic congestion when it exceeds a reasonable level of
service, causes increased air pollution and energy consumption, hinders
the passage of public safety vehicles, contributes to lost labor productivity,
increases stress, and in general degrades the quality of life in the
state. Level of service D, as determined from a capacity analysis,
shall be considered the minimum level of service needed to provide
safe and convenient traffic movement. Where a road or intersection
in the vicinity of the proposed development is determined to operate
at level of service E or level of service F in the horizon year, the
reviewing authority shall find that the proposed development will
result in unreasonable congestion, unless:
(1)
Improvements will made to raise the level of service of the
road or intersection to D or above;
(2)
The level of service of the road or intersection will be raised
to D or above through transportation demand management techniques;
(3)
The board finds that it is not possible to raise the level of
service of the road or intersection to D or above by road or intersection
improvements or by transportation demand management techniques, but
improvements will be made or transportation demand management techniques
will be used such that the proposed development will not increase
delay at a signalized intersection, decrease the reserve capacity
at an unsignalized intersection, or otherwise worsen the operational
condition of the road or intersection in the horizon year; or
(4)
The reviewing authority finds that improvements cannot reasonably
be made because the road intersection is located in a central business
district or because implementation of the improvements will adversely
affect a historic site as defined in chapter 375(11) of the state
department of environmental protection regulations, and transportation
demand management techniques will be implemented to the fullest extent
possible.
UNSAFE CONDITIONS
A roadway segment or intersection determined to be a high
accident location by the state department of transportation.
UTILITY
(1)
A municipal or public utility or communication facility includes
the following: Central Maine Power, New England Telephone, Belfast
Water District, Belfast Sanitary District, cable TV, a private telephone
company or paging service, any utility regulated by the state public
utilities commission, and any other commercial communication tower.
(2)
Major municipal or public utilities/communication facilities
include water; sanitary treatment plants; electric transmission lines;
electric generation plants; and microwave, radio, and other commercial
telecommunication transmitters and towers.
(3)
Minor municipal or public utilities/communication facilities
include pumping and pressure control stations; standpipes, reservoirs,
wells and other water storage structures; telephone equipment huts
(over 200 square feet); and electricity substations.
VARIANCE
A method available to an applicant by which the applicant
may be permitted to waive certain dimensional or performance standard
provisions of a City ordinance when the strict application of the
ordinance would cause an undue hardship or practical difficulty.
VEGETATION
All live trees, shrubs, ground cover, and other plants, including,
without limitation, trees both over and under four inches in diameter,
measured at 4 1/2 feet above ground level.
VIOLATION
The failure of a structure, use or other development to fully
comply with the regulations found in any City 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 the
walls and roof.
WASTEWATER
Any liquid waste containing animal or vegetable matter in
suspension or solution, or the water-carried wastes from the discharge
of water closets, laundry tubs, washing machines, sinks, dishwashers,
or other sources of water-carried wastes of human origin. This term
specifically excludes industrial, hazardous, or toxic wastes and materials.
WATER AND SEWER
A system for the distribution, collection, treatment, storage
and disposal of water and sewage, whether publicly or privately owned.
WATER BODY
Any great pond, river, stream or tidal area.
WATER CROSSING
Any project extending from one bank to the opposite bank
of a river or stream, whether under, through, or over the watercourse.
Such projects include, but are not necessarily limited to, roads,
fords, bridges, culverts, water lines, sewer lines, and cables, as
well as maintenance work on these crossings.
WATER-DEPENDENT USE
A use that requires for its primary purpose direct access
to the water and which cannot therefore be located away from the water.
WATER-RELATED USE
A use which does not require direct access to or location
in or upon the water, but whose primary purpose is to support the
successful functioning of a water-dependent use.
WATERCOURSE
A channel, drainageway, stream, brook. Any defined area of
land conveying surface water or runoff. A watercourse may be intermittent
or perennial (perennial means more than six months in any twelve-month
period).
WETLAND (FRESHWATER)
A wetland as identified on the duly adopted shoreland zoning
maps. The term includes freshwater swamps, marshes, bogs and similar
areas which are:
(1)
Ten or more contiguous acres;
(2)
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; or
(3)
Inundated or saturated by surface water or groundwater 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 or to the definition of a stream.
WETLAND ASSOCIATED WITH GREAT PONDS AND RIVERS
Wetlands contiguous to or adjacent to a great pond or river,
and which during normal high water are connected by surface water
to the great pond or river. Also included are wetlands which are separated
from the great pond or river by a berm, causeway, or similar feature
less than 100 feet in width, and which have a surface elevation at
or below the normal high-water line of the great pond or river. Wetlands
associated with a great pond or river are considered to be part of
that great pond or river.
YARD
An unoccupied space, open to the sky, on the same lot with
a building or structure.
YARD, FRONT
A yard adjoining the front lot line, extending between the
principal structure and the street.
YARD, REAR
A yard adjoining the rear lot line and extending between
the rear lot line and the principal structure.
YARD, SIDE
A yard adjoining a side lot line extending from the front
lot line to the rear lot line as required by district regulations.