Proposed Changes to Zoning Ordinances for June 2007 Town Meeting (Warrant Article 59)

Article 3.2 Definitions                        (Approved )

Animal Care Facility:  Veterinarian service establishments which primarily diagnose animal diseases and injuries, dispense medications and perform surgery.

Child Care Facility:  a commercial enterprise registered by the State of Maine Department of Health and Human Services for the care of children by the day.

Chid Day Care:  a private home registered with the State of Maine Health and Human Services to provide child care by the day.

Congregate Care Facility:  a building or group of buildings containing private apartments and central dining facilities and within such supportive services, including medical or social services, are provided to the residents.  Such facilities include only those certified by the State of Maine Department of Health and Human Services.

Dwelling Unit:  a room or group of rooms designed and equipped exclusively for use as living quarters for only one family, including provisions for living, sleeping, cooking, and eating.  The term shall include mobile homes but shall not include trailers or recreational vehicles.

 A room or suite of rooms used as a habitation which is separate from other such rooms or suites of rooms, and which contains independent living, cooking, and sleeping facilities; includes single family houses, and the units in a duplex, apartment house, multifamily dwellings, and residential condominiums, but shall not include recreational vehicles.

Great Pond:  any body of water which in a natural state has a surface area in excess of ten (10) acres, and any body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or increased body of water is completely surrounded by land held by a single owner.  The great ponds of Acton are:  Balch Pond, Great East Lake, Hansen Pond, Horn Pond, Loon Pond, Moose Pond, Mousam Lake, Square Pond, Swan Pond, and Wilson Lake.

Any inland body of water which in a natural state has a surface area in excess of ten acres, and any inland body of water artificially formed or increased which has surface area in excess of thirty acres, except for the purposes of these regulations, where the artificially formed or increase inland body of water is completely surrounded by land held by a single owner.

Kennel:  any place, building, tract of land, abode, enclosure or vehicle which for compensation, provides food and shelter or other services for six (6) or more domestic animals for purposes not primarily related to medical care where more than three (3) dogs more than six (6) months old are kept for sale, training, boarding and/or breeding.

Multi-family Residence:  a building designed for occupation by three (3) or more families in dwelling units that are contiguous

Nursing Care Facility:  a facility licensed by the State, which provides skilled nursing care and medical supervision to persons who are unable to care for themselves.

Rehabilitation Facility:  an establishment where persons stay temporarily to restore their condition to good health.

Residential Care Facility:  a boarding and care facility providing room and meals and assistance for personal needs.

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.

Street/Road:  a public or private way which affords access to abutting lots and has been recorded as such.

Public and private ways such alleys, avenues, highways, roads and other rights of way, as well as areas on subdivision plans designated as rights-of-way for vehicular access other than driveways.

Freshwater Wetlands: Freshwater swamps, marshes, bogs and similar area, other than Forested Wetlands:

(1)  Of ten or more contiguous acres; or less than ten (10) contiguous acres adjacent to surface water body, excluding any river, stream or brook such that in a natural state, the combined surface area is in excess of ten acres; and

(2)  Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support a prevalence of wetland vegetation typically adapted for life in saturated soils.

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

Areas which are inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils; and are not part of a great pond, coastal wetland, river, stream or brook.  Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the above criteria.