Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 2 - Definitions › Section 672-2-02 - Definitions

Current through 2024-29, July 17, 2024
1.
Accessory Use or Accessory
				Structure:
"A use or structure subordinate to a permitted or conditional
				  use or structure and customarily incidental to the permitted or conditional use
				  of the structure."12 M.R.S. §682. Accessory
				  structures include but are not limited to garages, decks, porches, accessory
				  solar energy generation facilities, and sheds.
2.
Adjacent Grade:
The natural elevation of the ground surface prior to
				  construction next to the proposed wall of a structure.
3.
Advanced Exploration:
Any metallic mineral bulk sampling or exploratory activity
				  that exceeds those activities that are exploration activities, but removes
				  10,000 tons or less of mine waste. Samples taken as part of "exploration" are
				  not considered bulk sampling.
The term is further distinguished as follows:
Tier One Advanced Exploration:
Advanced
				  exploration activities provided that bulk sampling does not exceed 2,000 tons
				  of mine waste.
Tier Two Advanced Exploration:
Advanced
				  exploration activities exceeding tier one advanced exploration provided that
				  bulk sampling does not exceed 10,000 tons of mine waste.
4.
Affordable Housing:
Affordable housing is decent, safe, and sanitary dwellings,
				  apartments or other living accommodations that are affordable to lower income
				  households and moderate income households, in accord with the following
				  provisions.
a. An owner-occupied
				housing unit is "affordable" to a household if the unit's expected sales price
				is reasonably anticipated to result in monthly housing costs (including
				mortgage principal and interest payments, mortgage insurance costs, homeowners'
				insurance costs, real estate taxes, and basic utility and energy costs) that do
				not exceed 28 percent to 33 percent of the household's gross monthly income.
				Determination of mortgage amounts and payments are to be based on down payment
				rates and interest rates generally available to lower and moderate income
				households.
b. A renter-occupied
				housing unit is "affordable" to a household if the unit's monthly housing costs
				(including rent and basic utility and energy costs) do not exceed 28 percent to
				33 percent of the household's gross monthly income.
c. A "lower income household" is a household
				with a gross income less than or equal to 80 percent of the applicable
				HMFA/County median income. Lower income households include both very low income
				households and low income households. A "very low income household" is a
				household with a gross income less than or equal to 50 percent of the
				applicable HMFA/County median income. A "low income household" is a household
				with a gross income over 50 percent, but less than or equal to 80 percent, of
				the applicable HMFA/County median income.
d. A "moderate income household" is a
				household with a gross income over 80 percent, but less than or equal to 150
				percent, of the applicable HMFA/County median income.
e. The "applicable HMFA/County median income"
				is the median family income most recently published by the U.S. Department of
				Housing and Urban Development (HUD) for the federally-designated Metropolitan
				Fair Market Rent Area (HMFA) or County (non-HMFA part) in which the housing
				unit is located. Where appropriate to use of this definition, median family
				income may be adjusted for family size.
f. A household's "gross income" includes the
				income of all household members from all sources.