City of Belfast, ME In General

[Ord. No. 58-1997, § 15.0, 6-17-1997]

In the interpretation and enforcement of this chapter, all words shall carry their customary dictionary meanings. For the purpose of this chapter, certain words and terms are defined as follows:

(1)

The term "city" means the City of Belfast.

(2)

The term "municipal officers" means the City council.

(3)

Words used in the present tense include the future tense, words used in the singular include the plural, and words used in the plural include the singular.

(4)

The word "shall" is always mandatory; the word "may" is permissive.

(5)

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

(6)

The word "lot" includes the words "plot" and "parcel."

(7)

The word "building" includes the word "structure."

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ACCESSORY STRUCTURE OR USE

A use or structure which is incidental and subordinate to the principal use or structure.

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 this chapter, or a person whose land abuts land for which a permit or variance has been granted.

AREA OF SHALLOW FLOODING

The designated AO and AH zones on the City's flood insurance rate map (FIRM), with a 1% or greater annual chance of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified in the flood insurance study.

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.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year, commonly called the one-hundred-year flood.

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 impoundments of water for flood control and other water resource purposes.

BITUMINOUS MIXING OPERATION

A use generally associated with gravel and other mineral extraction operations which involves portable or fixed machinery or equipment used to manufacturing bituminous concrete (a.k.a. hot top).

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

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

See "Structure."

BUILDING INSPECTOR

The code enforcement officer.

BUSINESS PARK

A planned development designed and arranged for business and professional uses, uses that are accessory 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.

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 all of the provisions of this chapter.

CHANNEL

See "Watercourse."

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.

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.

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 change caused by individuals or entities to improved or unimproved real estate, including but not limited to the construction of buildings or other structures; subdivisions; 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 surface, cover a ground area in excess of three acres but less than seven acres. For purposes of City review authority of projects subject to the State of Maine 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. After July 1, 1997, major developments shall include two types of subdivisions, generally, as defined in 38 M.R.S.A. § 482(5).

(2)

MINOR DEVELOPMENTA development which has a floor area in excess of 3,000 square feet or a development which will utilize more than one acre of nonvegetated surfaces but less than three acres.

DISCHARGE

The outflow of water, silt or other mobile substances passing along a conduit, a 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.

DRAINAGE AREA OF BASIN (WATERSHED)

The area contributing runoff water to a watercourse, drainage system or detention basin.

DRAINAGEWAY

See "Watercourse."

DRIVEWAY

A vehicular accessway serving not more than two lots or dwelling units.

DWELLING, MULTIFAMILY

A dwelling containing three or more dwelling units.

DWELLING, SINGLE-FAMILY

A dwelling containing one dwelling unit.

DWELLING, TWO-FAMILY

A dwelling containing two dwelling units.

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 single-family and multifamily housing, condominiums, timeshare units, apartments, and mobile homes, but not recreational vehicles.

EARTH AND EARTH REMOVAL

The term "earth" shall include topsoil (loam), sand, gravel, and clay taken from the land. The term "earth removal" shall mean the extraction of topsoil, sand, gravel, and clay from the earth. See Development, Filling and Mineral extraction.

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.

ELEVATED BUILDING

A nonbasement building.

ELEVATION CERTIFICATE

An official form (FEMA Form 81-31, 05/90, as amended) that:

(1)

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

(2)

Is required as a condition for purchasing flood insurance.

EMERGENCY OPERATIONS

Includes 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.

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, telephone, electric power or water transmission or distribution lines, towers and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. For the purposes of this chapter, 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. Facilities shall be for the public interest, and, if other than City-owned facilities, such facilities shall be deemed public facilities by the City council.

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.

FAMILY

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

FILLING OF LAND

See "Earth filling."

FLOOD and FLOODING

(1)

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

The overflow of inland or tidal waters.

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

(2)

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

FLOOD BASE ELEVATION

The elevation of the highest flood of not less than one-hundred-year, twenty-four-hour duration as set forth by the floodplain maps and profiles adopted therein.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community on which the administrator of the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

See "Flood elevation study."

FLOODPLAIN AND FLOODPRONE AREA

Any land area susceptible to being inundated by water from any source (see definition of "flood" and "flooding").

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, such as a floodplain ordinance, grading ordinance, and erosion control ordinance, and other applications of police power. The term describes such state or local regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural 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 their contents.

FLOODWAY

See "Regulatory floodway."

FLOODWAY ENCROACHMENT LINES

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

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 the total floor area by the total site area.

FOUNDATION

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

FREEBOARD

A factor of safety, usually expressed in feet above a flood level, for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

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.

FRESHWATER WETLAND

See "Wetland."

GENERAL SURFACE WATER RESOURCE AREAS

Areas along all brooks, streams, wetland 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.

GROSS FLOOR AREA

(1)

Gross floor area — The sum of the gross area of the several floors of a building or buildings measured from the exterior faces of exterior walls, or from the centerlines of walls separating two buildings. In particular, floor area generally includes:

Basement space, except as specifically excluded.

Elevator shafts or stairwells at each floor.

Floorspace in penthouses.

Attic space, whether or not a floor has been laid, providing structural headroom of seven feet six inches or more.

Floorspace in interior balconies or mezzanines.

Any other floorspace used for dwelling purposes, no matter where located within a building.

Floorspace in accessory buildings, except for floorspace used for accessory off-street parking.

Any other floorspace not specifically excluded.

(2)

The gross floor area of a building shall not include:

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.

Elevator or stair bulkheads, accessory water tanks, or cooling towers.

Uncovered steps.

Attic space, whether or not a floor actually has been laid, providing structural headroom is less than seven feet six inches.

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-480S.

HAZARDOUS WASTE

Any gaseous, liquid, or solid materials or substance designated as hazardous by the United States Environmental Protection Agency or state department of environmental protection.

HEIGHT OF A STRUCTURE

The vertical measurement from the average grade of the ground to the highest point on the roof.

HISTORIC STRUCTURE

Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

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

By an approved state program as determined by the Department of the Interior; or

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

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 hydrophytic vegetation.

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 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.

INTERMITTENT STREAM

See "Stream."

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.

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 or any other established datum and is used in areas where mean sea level data is too far from a specific site to be practically used.

LOT

A 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 are required in this chapter. For the purposes of this chapter, 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 LINES

(1)

FRONT LOT LINEThe line separating any lot from a street or streets.

(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.

(3)

SIDE LOT LINEAny lot line not a front or rear lot line.

LPI

Licensed plumbing inspector.

MAINE EROSION AND SEDIMENTATION CONTROL HANDBOOK FOR CONSTRUCTION

The handbook developed and published by the state department of environmental protection, first draft dated April 15, 1990, and titled "Urban BMP's."

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program, means the National Geodetic Vertical Datum of 1929 or other datum to which base flood elevations shown on the City's flood insurance rate map are referenced.

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 or which transports the product removed 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.

MUNICIPAL UTILITY

See "Utility."

NGVD

National Geodetic Vertical Datum; see "Mean sea level."

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.

ONE-HUNDRED-YEAR FLOOD

See "Base flood."

OPEN SPACE

Land used for recreation, resource protection, amenities and/or buffers. In no event shall any area of a lot constituting the minimum lot area of the lot or any part of any existing or future road or right-of-way be counted as constituting open space.

PARKING FACILITY

A parking deck or garage.

PARKING LOT

A parcel or area of land designed for the parking of motor vehicles.

PARKING SPACE, OFF-STREET

A space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to public street or alley and maneuvering room (see section 90-12).

PEAK FLOW

The maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from a specified five-, twenty-, fifty-, one-hundred-year, etc., storm or flood.

PERFORMANCE GUARANTEE

A financial guarantee to ensure that all improvements, facilities, or work required by this chapter will be completed or maintained in compliance with this chapter.

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.

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.

PLANNED UNIT DEVELOPMENT

A development in which clustering of units or uses permits better land use practices to be employed.

PREMISES

Land with or without the buildings and structures thereon.

PRINCIPAL BUILDING OR STRUCTURE

The building or structure occupied by the chief or principal use on the premises.

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 UTILITY

See "Utility."

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, and Winooski.

REGULATORY FLOODWAY

(1)

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

(2)

In zone A, the channel of a river or other watercourse and the adjacent land areas to a distance of 1/2 the width of the floodplain as measured from the normal high-water mark to the upland limit of the floodplain.

REPLACEMENT SYSTEM

A system intended to replace:

(1)

An existing system which is either malfunctioning or being upgraded with no significant change or design flow or use of the structure; and

(2)

Any existing overboard wastewater discharge.

RIPRAP

Rocks, irregularly shaped, and at least six inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes 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.

SCENIC OR NATURAL BEAUTY OF THE AREAS

As determined by the City's comprehensive plan.

SEDIMENTATION

The deposition of soil particles that have been transported from their site of origin by water, ice, wind, gravity, or other natural means.

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.

SHORE FRONTAGE

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

SHORELAND ZONE

The land located within 250 feet, horizontal distance, of the normal highwater 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.

SIGNIFICANT WILDLIFE HABITAT

See "Habitat, significant wildlife."

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 FLOOD HAZARD AREA

See "Area of special flood hazard."

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 fifteen-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

For the purpose of this chapter and for determining minimum road frontage requirements, a street is considered to be any public way maintained by public authority, or a private way of a specified width, or a private way shown on a recordable subdivision plan, approved by the planning board.

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.

STREET LINE

The right-of-way line of a street.

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 structure having a roof supported by columns or walls. Buildings separated only by party walls or abutting walls without openings shall be deemed to be separate buildings.

SUBSTANTIAL COMPLETION

The state at which a certificate of occupancy can be granted.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL EXPANSION

Expansion of a structure in excess of 30% of the gross floor area or volume prior to expansion. See "Floor area" and "Volume of a structure."

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of structure, the cost of which equals 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

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

SUBSTANTIAL 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. chapter 13, subchapter 1.

SUSTAINED SLOPE

A change in elevation where the referenced percentage grade is substantially maintained or exceeded throughout the measured area. Substantially shall mean for at least 30% of the measured area.

TECHNICAL STANDARDS HANDBOOK

The City technical standards handbook ordinance maintained by the City, codified herein as chapter 98.

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.

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, which 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 board shall find that the proposed development will result in unreasonable congestion, unless:

(1)

Improvements will be 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 board 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 regulating substations.

V ZONE

That land area of special flood hazard subject to a 1% or greater chance of flooding in any given year, and subject to additional hazard from high-velocity water due to wave action.

VARIANCE

As it applies to the floodplain, means a grant of relief by the board of zoning appeals from the terms of a floodplain management regulation, or from any dimensional requirement of this chapter, in accordance with 30-A M.R.S.A. § 4353(4).

VEGETATION

All live trees, shrubs, ground cover, and other plants.

VIOLATION

The failure of a structure, use or other development to fully comply with the regulations found in this chapter.

VOLUME OF A STRUCTURE

The volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.

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.

WATERCOURSE

A channel, drainageway, stream, or brook, or any defined area of land conveying surface water or runoff. A watercourse may be intermittent or perennial (perennial means greater than six months in any twelve-month period).

WETLAND (FRESHWATER)

A wetland as identified on the duly adopted shoreland zoning maps, and includes freshwater swamps, marshes, bogs and similar areas which are:

(1)

Ten or more contiguous acres; or

(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; and

(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 stream.

WETLAND ASSOCIATED WITH GREAT PONDS AND RIVERS

Wetlands contiguous with 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, 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.