The subdivision regulation, however, does not control or apply to the operative terms of the Zoning Ordinance. Further, a determination that the lease does or does not create a new lot will resolve only the question of whether AT & T's application violates article 4.4.2(C) of the zoning ordinance; the operation of article 8.8.1(d)(4) raises a different question requiring a separate analysis. The interpretation of a local ordinance by a planning board is reviewed de novo. JPP, LLC v. Town of Gouldsboro, 2008 ME 194, ¶ 8, 961 A.2d 1103. A. Article 4.4.2(C) of the Town of Casco Zoning Ordinance
Our task, then, should be to interpret the meaning of this provision, which is an effort undertaken de novo. See JPP, LLC v. Town of Gouldsboro, 2008 ME 194, ¶ 8, 961 A.2d 1103, 1105. [¶ 34] The CEO interpreted "Dwelling, Single/Two Family" as permitting a single residential structure with two dwelling units, each containing one household.
Dowling, 2006 ME 136, ¶ 9, 910 A.2d at 380. [¶ 12] Resolving the question of whether Shawnee Peak's current use of the float is commercial requires an interpretation of the Town's Shoreland Zoning Ordinance. Such interpretations are questions of law that we review de novo. JPP, LLC v. Town of Gouldsboro, 2008 ME 194, ¶ 8, 961 A.2d 1103, 1105. When interpreting an ordinance, we look first to the plain meaning of the language in the ordinance and give any undefined terms their common and generally accepted meaning unless the context clearly indicates otherwise.
In contrast to the deferential review accorded the Planning Board's factual findings and conclusions, its interpretation of the ordinance to which those facts are applied presents a question of law subject to de novo review. JPP, LLC v. Town of Gouldsboro, 2008 ME 194, ¶ 8, 961 A.2d 1103, 1105. [¶ 34] In its 2005 written decision, the Planning Board recognized its obligation to apply the land use ordinance impartially, and identified the applicable provision as section 5(D), governing omitted uses:
Courts must construe the language at issue so as to give effect to the ordinance's objectives and whole text. JPP, LLC v. Town of Gouldsboro, 2008 ME 194, ¶ 8, 961 A.2d 1103 (quotation and citation omitted).