"City" or "municipality" means the City of Old Town. 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.
The word "shall" is always mandatory. The word "person" includes a
firm, association, organization, partnership, trust, company or corporation
as well as an individual. The word "lot" includes the word "plot"
or "parcel." The word "used" or "occupied," as applied to any land
or building, shall be construed to include the words "intended, arranged,
or designed to be used or occupied."
[Ord. of 12-3-1984; Ord. of 7-13-1987; Ord. of 8-6-1990; Ord. of 11-7-1994; Ord. of 6-5-1995; Ord. of 1-2-1996(1); Ord. of 7-6-1999]
Except as specifically defined herein, all words in this ordinance
shall carry their customary dictionary meanings. For the purpose of
this ordinance, certain words or terms used herein are to be construed
or defined as follows:
A use or structure on the same lot with and customarily incidental
and subordinate to the principal use or building. In the R-4 Zone
an accessory structure may be located on a lot across a road on a
different lot if the lot is under the same ownership as the lot with
the principal structure and the lot is within 100 fee of the lot with
the principal structure.
The land in the floodplain having a 1% or greater chance
of flooding in any given year, as specifically identified by the Federal
Insurance Administration in a report entitled "The Flood Insurance
Study for the City of Old Town, Penobscot County," dated April 17,
1978, with accompanying flood insurance rate maps.
A place occupied by two or more unregistered, unserviceable,
discarded or junked automotive vehicles, or bodies, engines or other
parts thereof sufficient in bulk to equal two vehicles; also referred
to as a "motor vehicle junkyard."
The flood having a 1% chance of occurring or being exceeded
in any given year, sometimes referred to as the 100-year flood.
Any dwelling in which lodging is offered for compensation
to three or more persons either individually or as families with or
without meals.
For the purpose of this ordinance, a "camper" shall be defined
as a travel trailer.
Land upon which one or more tents are erected or trailers
are parked for temporary recreational use on sites arranged specifically
for that purpose. The words "camp grounds" shall include the words
"tenting grounds" and "trailer parks."
A planned development, laid out to utilize the unique characteristics
of the land upon which it is located, wherein each principal building
does not necessarily occupy a lot meeting the minimum dimensional
requirements for the zone in which it is located. Cluster developments
are allowed only in zones, and only under the conditions listed in
the zones, where the zoning ordinance specifically allows them.
A flat-floored roofless area either attached or adjacent
to a principal structure.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A building or part thereof used for living quarters for one
or more families.
A room or rooms connected together, constituting a separate,
independent housekeeping establishment for a family, for occupancy
on weekly or longer terms, physically separated from any other rooms
or dwelling units that may be in the same structure, and containing
independent kitchen-sleeping and bathroom facilities. Units otherwise
meeting this definition but occupied by transients on a rental or
lease basis for periods of less than one week shall be construed to
be lodging units.
A building containing only one dwelling unit. The term is
general, including such specialized forms as one-family, semi-detached
and one-family attached (row houses, townhouses, and the like). For
regulatory purposes, the term is not to be construed to include mobile
homes, travel trailers, housing mounted on self-propelled or drawn
vehicles, tents, or other forms of temporary or portable housing.
A building containing only two dwelling units. The term is
general, including duplex and two-family detached. For regulatory
purposes, the term is not to be construed to include mobile homes.
A multi-unit dwelling specifically designed for residential
needs of elderly persons conforming to the requirements of state and/or
federal programs providing for housing of the elderly and not to be
used (by covenant) for any other purposes in the 40 years following
construction.
"Emergency operations" shall include 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 and livestock from the threat of
destruction or injury.
Gas, electrical, communication facilities, steam, fuel or
water supply, transmission or distribution systems.
A use which would not be appropriate generally or without
restriction in a particular district, but which, in the opinion of
the board of appeals, if controlled as to number, location, relation
to neighborhood, or standard of performance, would promote the public
safety, health, convenience or welfare. An exception is allowed in
a zone only if the regulations for that zone specifically permit it,
subject to the approval of the board of appeals, and only when the
board finds that such use meets all of the requirements applicable
to it as specified in the ordinance.
One or more persons occupying a dwelling unit or lodging
unit. Unless all members are related by blood, marriage, or legal
adoption, no such family shall contain over three persons. The term
"family" shall not be construed to mean fraternity, sorority, club
or institutional group. For three or more roomers or boarders, see
"rooming house" and "boarding house." For five or more foster children,
see "foster home."
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to Old Town.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the flood boundary-floodway map and
the water surface elevation of the base flood.
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.
Timber cruising and other forest resources evaluation activities,
management, planning activities, insect and disease control, timber
stand improvement, pruning, timber harvesting or other forest harvesting,
regeneration of forest stands and other similar associated activities,
but not the construction or creation of roads.
Six or more persons, unrelated by blood or adoption, constituting
an integral living unit under common guidance and support occupying
a dwelling or lodging unit. The term shall not be construed to mean
fraternity, sorority or club.
See "Lot Frontage."
An occupation or profession which is customarily carried
on in a dwelling unit or in a building by a member of the family residing
in the unit that is clearly incidental and secondary to the use of
the dwelling unit for residential purposes.
Areas enclosed by the normal high water mark of inland waters
and areas otherwise identified on the basis of soils, vegetation,
or other criteria as inland wetlands including but not limited to
swamps, marshes or bogs.
An open area where waste, used or secondhand lumber and building
materials are bought, stored, baled, packed, disassembled or handled,
including but not limited to scrap iron and other metals, paper, rags
and bottles.
Living quarters for a family that do not contain independent
kitchen facilities, provided, however, that dwelling units occupied
by transients on a rental basis for periods of less than one week
may be construed to be lodging units even though they contain independent
kitchen facilities.
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incidental
to it including such open spaces as are required by this ordinance,
and having frontage upon a public street, upon a street in a subdivision
which has been approved by the Planning Board, or, for any parcel
of land not located on a public street or in an approved subdivision,
upon a private gravel road, built to standards approved by the Planning
Board, and having a minimum travel width of 16 feet and a minimum
right-of-way width of 50 feet. The private gravel road to be allowed
only in an R-3 Zone as a special exception.
The distance along the front lot lines of a lot or, in the
case of an irregular or curved front lot line, the distance along
an imaginary straight line connecting the two ends of the front lot
line. That side of a lot facing a major public water body shall be
known as the "water front"; the side or sides facing a street shall
be known as the "street front." In the case of a lot with frontage
on more than one street, frontage on one street shall meet the minimum
frontage requirement. Setbacks from both streets shall meet minimum
yard requirements. Frontage on a controlled-access highway, example
I-95, shall not be counted toward required frontage.
That line which extends between the two side lot lines and
which separates the lot from a street right-of-way or a major public
water body (hereby defined as one having an area of at least three
acres in Old Town). Every lot shall have at least one front lot line.
In the case of a lot with no side lot lines, the front lot line is
that line which connects the ends of the rear lot line (1 in Figure
A). In the case of a lot with only one side lot line, the front line
is that line which connects the front end of the side line with the
rear line (2 in Figure A).
That line which extends between the two side lot lines and
which separates the lot from one or more other lots or parcels. In
the case of a lot with no side lines, the rear lot line connects the
two ends of the front lot line (1 in Figure A). In the case of a lot
with only one side line the rear lot line connects the rear end of
the side line with the front lot line (2 in Figure A). Every lot shall
have at least one rear lot line.
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F - Front lot line
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R - Rear lot line
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S - Side lot line
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That line or those lines which extend between the ends of
the front and rear lot lines. In the case of irregularly shaped and
double or triple frontage lots, there may be only one side lot line
or none at all (1 and 2 in Figure A). In some cases, there may be
more than two side lot lines (3 in Figure A). Figure A illustrates
various applications of the lot line definitions.
The distance between the side lot lines measured at right
angles to the lot depth at a point midway between the front and rear
lot lines.
A not-for-profit entity registered pursuant to the laws of
the State of Maine and to Section 6 of the State of Maine Rules Governing
the Maine Medical Use of Marijuana Program (10-144 CMR, Chapter 122)
that is a medical marijuana registered dispensary's permitted additional
location for the cultivation of marijuana. All marijuana cultivation
facilities shall further be defined in, and shall adhere to, the State
of Maine Rules Governing the Maine Medical Use of Marijuana Program
(10-144 CMR, Chapter 122), as the same may be amended from time to
time.
[Added 10-16-2014]
A structure or units designed for occupancy, and constructed
in a manufacturing facility and then transported by the use of its
own chassis, or placed on an independent chassis, to a building site.
The term includes any type of building which is constructed at a manufacturing
facility and then transported to a building site where it is utilized
for housing and may be purchased or is utilized for housing and may
be purchased or sold by a dealer in the interim.
A not-for-profit entity as defined under 22 M.R.S.A. § 2411,[1] and registered pursuant to 22 M.R.S.A. § 2428,
and to Section 6 of the State of Maine Rules Governing Use of the
Maine Medical Marijuana Program (10-144 CMR, Chapter 122), that acquires,
possesses, cultivates, manufactures, delivers, transfers, transports,
sells, supplies or dispenses marijuana, paraphernalia or related supplies
and educational materials to registered patients who have designated
the dispensary to cultivate marijuana for their medical use and the
registered primary caregivers of those patients. All medical marijuana
registered dispensaries shall be further defined in, and shall adhere
to, the laws of the State of Maine and to the State of Maine Rules
Governing the Maine Medical Use of Marijuana Program (10-144 CMR,
Chapter 122), as the same may be amended from time to time.
[Added 10-16-2014]
A structure, transportable in one or more sections, which
is eight body feet or more in width and is 32 body feet or more in
length and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation which connected
to the required utilities and includes the plumbing, heating, air
conditioning and electrical systems contained therein.
A parcel of land under unified ownership approved by the
municipality for the placement of mobile homes.
An area within a mobile home park designed to accommodate
one mobile home stand and its related yards and other open spaces.
An area within a mobile home space on which a mobile home
is to be stationed.
A parcel of land approved by the municipal reviewing authority under Chapter 18 of the Old Town Code of Ordinances for the placement of newer mobile homes on individually owned lots.
Those units constructed after June 15, 1976, commonly called
"newer mobile homes" which the manufacturer certified 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 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 connection to the required utilities, including
the plumbing, heating, air conditioning, and electrical systems contained
therein; except that the term shall include any structure which meets
all the requirements of this paragraph, except size requirements and
with respect to which the manufacturer voluntarily files a certification
required by the Secretary of the United States Department of Housing
and Urban Development and complies with the standards established
under the National Manufactured Housing Construction and Safety Standards
Act of 1974, United States Code, Title 42, Section 5401, et seq.
These units shall be considered and treated under this ordinance
as newer mobile homes.
Housing units which the manufacturer certified are constructed
in compliance with the state's manufactured housing act and regulations,
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 therein.
A building containing three or more dwelling units. For purposes
of determining whether a lot is in multiple-dwelling use, the following
considerations shall apply:
Multiple one-dwelling uses may involve dwelling units intended
to be rented and maintained under central ownership or management,
or cooperative apartments, condominiums, and the like.
Where an undivided lot contains more than one building and the
buildings are not so located that lots conforming to the requirements
for one- or two-family dwellings in the zoning district could be provided,
the lot shall be considered to be in multiple-dwelling use if there
are three or more dwelling units on the lot, even though the individual
buildings may each contain less than three dwelling units.
An establishment engaged in the retail sale of a combination
of general goods which may include groceries, hardware and dry goods.
It is characterized from other types of stores in that its economic
rationale is found in serving the needs and convenience of the immediate
neighborhood residents, rather than a large retail market such as
the community.
Establishments primarily engaged in selling food for home
preparation and consumption. It is further characterized from other
types of grocery stores in that its economic rationale is found in
serving the needs and convenience of the immediate neighborhood residents,
rather than a larger retail market such as the community.
That line on the shores and banks of nontidal waters which
is apparent because of the contiguous different character of the soil
or the vegetation due to the prolonged action of the water. Relative
to vegetation, it is that line where the vegetation changes from predominantly
aquatic to predominantly terrestrial (by way of illustration, aquatic
vegetation includes but is not limited to the following plants and
plant groups: Water lily, pond lily, pickeralweed, cattail, wild rice,
sedges, rushes and marsh grasses; and terrestrial vegetation includes
but is not limited to the following plants and plant groups: Upland
grasses, aster, lady slipper, wintergreen, partridge berry, sasparilla,
pines, cedars, oaks, ashes, alders, elms and maples). In places where
the shore or bank is of such character that the high water mark cannot
be easily determined (rockslides, ledges, rapidly eroding or slumping
banks) the normal high water mark shall be estimated for places where
it can be determined by the above method.
Any dwelling in which three or more aged, chronically ill
or incurable persons are housed and furnished with meals and nursing
care for compensation.
The structure in which the primary use of the lot is conducted.
Recent floodplain soils include the following soils as described
and identified by the national cooperative soil survey.
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Alluvial land
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Hadley silt loam
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Limerick silt loam
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Ondawa fine sandy loam
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Podunk fine sandy loam
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Rumney fine sandy loam
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Saco silt loam
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Suncook loamy sand
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Winooski silt loam
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A route or track consisting of a bed of exposed mineral soil,
gravel or asphalt, or other surfacing material constructed for or
created by the repeated passage of motorized vehicles.
Any discarded, worn out, abandoned or nonfunctioning article
or articles or materials including but not limited to tin cans, bottles,
junk appliances, junk automobiles or parts thereof, old clothing or
household goods. The word "rubbish" shall include the words "trash,"
"waste materials" and "refuse."
All land area within 250 feet horizontal distance of the
normal high water mark of the following bodies of water: Penobscot
River, Stillwater River, Pushaw Stream, Birch Stream, Pushaw Lake
and Perch Pond.
An attached or freestanding structure or part of a structure
designed to convey to persons not on the premises some information,
knowledge or idea by means of letters, words, insignia, color, illuminated
or nonilluminated device or illustration provided, however, that paragraphs
(1), (2) and (3) shall not be included in the application of the regulations
of this ordinance; paragraphs (4) through (18) shall apply.
Flags or insignia of any government.
Legal notices, identification, information or directional signs
erected or required by governmental bodies.
Signs not exceeding 12 square feet in area bearing only the
identification of, and information concerning, the occupant of the
premises used for religious, charitable, educational or philanthropic
purposes.
Address sign: A sign indicating the street address not exceeding
one square foot in area.
Advertising sign: A sign referring to persons, products, businesses,
services or activities not on the premises where the sign is located.
Aggregate sign area: The sum total of sign area shall be that
part or surface used to convey a message but shall not include poles,
standards, or other parts which perform solely a weight-bearing function.
Awning or canopy sign: A sign mounted on a movable overhanging
shelter perpendicular to the face of a building.
Business sign: A sign referring to persons, products, businesses,
services or activities within the premises where the sign is located.
Directory sign: A sign on which the names and locations of occupants
or the use of a building is given. This shall include office buildings
and church directories.
Ground sign: A freestanding sign not mounted on a building,
but does not include trailer-mounted signs.
Marquee sign: A metal or glass canopy over an entrance.
Projecting sign: A sign mounted on and extending out more than
15 inches from the face of a building, but not including awning, canopy,
marquee or wall signs.
Public sign: A sign of a public or noncommercial nature, which
shall include community service information signs, public transit
service signs, public utility information signs, safety signs, danger
signs, trespassing signs, signs indicating scenic or historical points
of interest, and all signs erected by a public officer in the performance
of a public duty.
Roof sign: A sign erected or constructed wholly upon and/or
over the roof of any building and supported solely on the roof of
any structure.
Temporary sign: A sign whose existence is limited in duration
announcing special events or identifying new construction. Signs shall
generally be ground signs.
Trademark: A device pointing distinctly to the origin or ownership
of merchandise to which it is applied and legally reserved to the
exclusive use of the owner as maker or seller.
Wall sign: A sign mounted on and parallel to the face of a building.
Window sign: A sign mounted on a window display or located inside
a window and not part of a show window display.
Any public way or thoroughfare for the conveyance of motor
vehicles whether in existence as an accepted City street used as a
public way or set aside for such use in a plat plan, etc.
A right-of-way line of a street.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground, including but not necessarily limited to buildings, walls,
fences, signs and billboards.
The division of a lot, tract or parcel of land into two or
more lots, plats, sites or other division of land for the purpose,
whether immediate or future, of sale or of building development, but
not including the division of land for agricultural purposes.
Any repair, construction or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
either, (a) before the improvement or repair is started, or (b) if
the structure has been damaged, and is being restored, before the
damage occurred.
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.
A vehicle designed to be moved on wheels and intended as
a temporary dwelling for travel, recreation and vacation use.
A variance is a relaxation of the terms of this ordinance
where such will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement of the ordinance
would result in unnecessary and undue hardship.
On the same lot with a principal building, a space which
is open to the sky and unoccupied by any structure from six feet above
the general ground level upward, nor any principal structure above
grade.
A yard extending all along any front lot line, the depth
of which shall be consistent and shall be measured at right angles
to such front lot line. Every lot shall have at least one front yard.
A yard extending all along any rear lot line the depth of
which shall be consistent and shall be measured at right angles to
such rear lot line. Where a rear yard and a front yard would overlap
due to the irregular shape of a lot (as in 1 and 2 in Figure A) the
front yard depth requirements shall apply. Every lot shall have at
least one rear yard.
A yard extending between the front yard and the rear yard
of a lot along a side lot line. The depth of which shall be consistent
and shall be measured at right angles to such side lot line.
[1]
Editor's Note: 22 M.R.S.A. § 2411 was repealed.
