Brunswick City Zoning Code

1.1.1. Title.

This Ordinance shall be cited as "The Zoning Ordinance of the Town of Brunswick."

1.1.2. Scope.

This Ordinance regulates the location, design, construction, alteration, occupancy, and use of structures and the use of land in The Town of Brunswick and divides the Town into Land Use Zoning Districts.

1.1.3. Authority.

This Ordinance is enacted under the authority of the Brunswick Town Charter and Title 30-A M.R.S.A., as amended.

1.1.4. Effective Date.

The effective date of this ordinance is September 6, 2017.

1.2.1. General Purposes.

The purpose of this Ordinance is to establish land use requirements consistent with the Maine Growth Management Program (30-A M.R.S.A. § 4312 et seq.), as amended, hereinafter referred to as "The Growth Management Program") and to implement the Town of Brunswick Comprehensive Plan, as amended.

1.2.2. Specific Purposes.

The specific purposes of this Ordinance are to:

A.

Direct development to Town-designated growth areas by encouraging higher density and infill development, particularly where public water, sewer, and stormwater systems exist, and in a manner that is compatible with the existing livable neighborhoods.

B.

Maintain the rural character of, and guide development away from, designated rural areas by limiting development and promoting the preservation and protection of important open spaces and habitats.

C.

Protect shorelands, rivers, streams, wetlands, forest habitats, and other natural resources from harmful development activities.

D.

Provide a range of affordable housing throughout the community.

E.

Protect and maintain historic, scenic, and recreational resources.

F.

Promote an economically viable, pedestrian-friendly, and attractive downtown that serves as the community's social center, the focus of the community's creative economy, and home to a variety of small businesses while accommodating increased housing opportunities.

G.

Encourage expansion of existing and new commercial, industrial, agricultural, and marine harvesting enterprises to maintain a diverse and healthy local economy.

H.

Provide expanded pedestrian, bicycle, and transit use through efficient land use and encourage more efficient vehicular use.

I.

Control nuisances such as, but not limited to, odor, noise, and site lighting.

J.

Encourage orderly and effective development that is compatible with Brunswick's historic development patterns, unique character, and its established neighborhoods.

K.

Provide an efficient and fair land use regulatory system.

L.

Require the recognition and evaluation of flood hazards in all official actions relating to land use in designated floodplain areas.

(Ord. of 12-15-25)

Editor's note— An Ord. adopted December 15, 2025, repealed § 1.3, which pertained to planning areas and derived from the original zoning ordinance.

1.4.1. Establishment and Maintenance of Zoning Map.

A.

The Town is divided into the various base and overlay zoning districts established in Chapter 2 (Zoning Districts), with district locations and boundaries shown on the Town of Brunswick Zoning Map.

B.

The Zoning Map is hereby incorporated by reference and made part of this Ordinance.

C.

The Zoning Map is the latest adopted electronic map of zoning districts, as affirmed by the Department of Planning and Development.

1.4.2. Lots in Two Zoning Districts.

A.

Lots Greater than Ten (10) Acres. When a lot greater than ten (10) acres is divided by a boundary between two (2) base zoning districts, the zoning requirements for each district shall be applied as though the portions in each district were separate lots. The only exception is that there shall be no minimum setback or frontage requirements along the zoning boundary line.

B.

Lots Less than Ten (10) Acres. When a lot less than ten (10) acres is divided by a boundary between two (2) base districts, the provisions of the zoning district in which the larger portion of the lot lies shall govern the use, density, lot area, and dimensional requirements for the lot.

C.

Lots in Overlay Districts. When a lot is partially within an overlay district, the provisions of the overlay district shall apply only to the affected portion of the lot, regardless of the size of the lot.

Where the provisions in one part of this Ordinance conflict with those in any other part of this Ordinance, the more restrictive provision shall apply except where expressly provided otherwise, and except that the provisions of an overlay zoning district supersede the provisions of the base zoning district regardless of whether they are stricter or more lenient. Nothing in this Ordinance shall be interpreted to supersede the provisions of a more restrictive local, state, or federal law, rule, Ordinance or regulation.

1.6.1. General.

A.

Nonconforming Defined. As used in this Section, the term "nonconforming" refers to a lot, use, structure, site feature, or sign which is allowed solely because it was in lawful existence at the time of the effective date of this Ordinance or when a subsequent Ordinance amendment takes effect.

B.

Transfer of Ownership. Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this Ordinance.

C.

Repair and Maintenance. This Ordinance allows the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.

1.6.2. Nonconforming Lots.

A.

Definition of a Single Nonconforming Lot. A single nonconforming lot is a nonconforming lot of record as of the effective date of this Ordinance or amendment thereto in separate ownership and not contiguous with any other lot in the same ownership. For purposes of the Shoreland Protection Overlay (SPO) District, a single nonconforming lot is a single lot of record established on or before June 6, 1994.

B.

Development and Use of Single Nonconforming Lots Outside of a Subdivision.

(1)

Undeveloped.

a.

Outside Shoreland Protection Overlay (SPO) District. May be used as allowed by Chapter 3 (Property Use Standards) or Subsection 1.6.3 (Nonconforming Uses) if either:

i.

The lot area is at least 3,000 square feet, and it complies with Chapter 4 Subsections 4.2.3 or 4.2.4 as applicable (Dimensional and Density Standards); or

ii.

The lot area is smaller than 3,000 square feet, or lot width is less than 65 feet, setbacks are no less than 90%, and impervious surface coverage is no more than 110% of Chapter 4 dimensional and density standards.

b.

Within SPO. May be built upon without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Ordinance except lot area, lot width and shore frontage can be met. Variances relating to setbacks or other requirements not involving lot area, lot width and shore frontage shall be obtained by action of the Zoning Board of Appeals.

(2)

Developed.

a.

Outside SPO. A nonconforming lot containing a legally existing structure may be used as if it were a conforming lot provided that any change or expansion of the use or structure shall comply with all applicable dimensional and density standards of the district in which it is located and shall not increase any nonconformity.

b.

Within SPO. A single nonconforming lot containing a legally existing structure may be used as if it were a conforming lot provided that any change or expansion of the use or structure shall comply with all applicable zoning district dimensional and density standards, as well as all applicable regulations found in Subsection 1.6.4 of this Ordinance, and shall not increase any nonconformity.

C.

Development and Use of Single Nonconforming Lot Within Subdivision.

(1)

Undeveloped.

a.

Outside and Within SPO. A single nonconforming lot may be used as allowed by Chapter 3 or Subsection 1.6.3 if:

i.

The lot is in separate ownership and not contiguous with other lots in same ownership;

ii.

And:

(A)

If lot area is less than 20,000 square feet, it complies with the remaining Chapter 4 standards; or

(B)

If lot area is less than 20,000 square feet or lot width is less than 100 feet, setbacks are no less than 90% and impervious surface coverage is no more than 110% of Chapter 4 Subsection 4.2.3 and 4.2.4.

(2)

Developed.

a.

Outside and Within the SPO. A nonconforming lot containing a legally existing structure or use may be used as if it were a conforming lot provided that any change or expansion of the use or structure shall comply with all applicable dimensional and density standards contained in Subsections 1.6.4, 4.2.3 and 4.2.4 and shall not increase any nonconformity with respect to lot area, lot width, or impervious surface ratio.

D.

Development and Use of a Single Nonconforming Developed Lot with Two (2) or more Principal Uses or Structures.

(1)

Outside or Within SPO. If two (2) or more principal uses or structures existed on a single lot of record on the effective date of this Ordinance or subsequent amendment, each may be sold on a separate lot provided that the lot area complies with the minimum requirements of the State of Maine Subsurface Wastewater Disposal Rules (in those areas not served by public sewer) and the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A—4807-D, as amended). When such lots are divided, each lot thus created must be as conforming as practicable to the dimensional requirements in Subsection 4.2.3 or 4.2.4.

E.

Development and Use of Contiguous Nonconforming Lots in Common Ownership.

(1)

Both Lots Undeveloped, Within SPO. If two (2) or more contiguous undeveloped lots are in common ownership of record at the effective date of this Ordinance or subsequent amendment and, if any of these lots do not individually meet the dimensional standards of this Ordinance the lots shall be combined to the extent necessary to meet the applicable dimensional standards of this Ordinance. The provision shall not apply to two (2) or more contiguous lots that are held in common ownership on June 6, 1994 and recorded separately in the Cumberland County Registry of Deeds, and where at least one (1) of the lots is nonconforming, if the nonconforming lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and

a.

Each lot contains at least 20,000 square feet of lot area; or

b.

Any lots that do not meet the lot width and lot area requirements of the base zoning district (and any overlay districts) are reconfigured or combined so that each new lot contains at least 20,000 square feet in lot area.

(2)

Both Lots Undeveloped, Outside SPO. If two (2) or more contiguous undeveloped lots are in common ownership of record and, if any of these lots do not individually meet the dimensional standards of this Ordinance, the lots shall be combined to the extent necessary to meet the applicable dimensional standards of this Ordinance. The provision shall not apply to two (2) or more contiguous lots that are held in common ownership and recorded separately in the Cumberland County Registry of Deeds, and where at least one (1) of the lots is nonconforming, if the nonconforming lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and

a.

Each lot contains at least 20,000 square feet of lot area; or

b.

Any lots that do not meet the lot width and lot area requirements of the base zoning district (and any overlay districts) are reconfigured or combined so that each new lot contains at least 20,000 square feet in lot area.

(3)

Both Lots Developed, Outside or Within SPO. If two (2) or more contiguous lots or parcels are in single or joint ownership of record at the effective date of this Ordinance or subsequent amendment, if all or part of the lots do not meet the dimensional and density requirements of this Ordinance, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the lots are served by public sewer or the State Minimum Lot Size Law (12 M.R.S.A. § 4807-A—4807-D, as amended) is met.

(4)

One or More Lots Developed with Principal Structure or Use, and One (1) or More Lots Undeveloped.

a.

Within SPO. If two (2) or more contiguous lots are in common ownership of record at the effective date of the Ordinance and if any of these lots contain no principal structure and do not individually meet the dimensional and density standards of this Ordinance, the lots shall be combined to the extent necessary to meet the said standards. This provision shall not apply to two (2) or more contiguous lots in common ownership on June 6, 1994 and recorded separately in the Cumberland County Registry of Deeds, and where at least one (1) of the lots is nonconforming, if the nonconforming lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and

i.

Each lot contains at least 20,000 square feet of lot area; or

ii.

Any lots that do not meet the lot width and lot area requirements of the base zoning district and any overlay districts are reconfigured or combined so that each new lot contains at least 20,000 square feet of lot area.

b.

Outside SPO. If two (2) or more contiguous lots are in common ownership of record and if any of these lots contain no principal structure and do not individually meet the dimensional and density standards of this Ordinance, the lots shall be combined to the extent necessary to meet the said standards. This provision shall not apply to two (2) or more contiguous lots in common ownership and recorded separately in the Cumberland County Registry of Deeds, and where at least one (1) of the lots is nonconforming, if the nonconforming lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and

i.

Each lot contains at least 20,000 square feet of lot area; or

ii.

Any lots that do not meet the lot width and lot area requirements of the base zoning district and any overlay districts are reconfigured or combined so that each new lot contains at least 20,000 square feet of lot area.

F.

Development and Use of Contiguous Lots in Common Ownership, only One Lot Nonconforming.

(1)

Conforming Lot Developed, Nonconforming Lot Undeveloped.

a.

Within SPO. A single, undeveloped, nonconforming lot which does not individually meet the dimensional and density standards of this Ordinance and is contiguous with a developed conforming lot held in common ownership on the effective date of this Ordinance shall be combined with the developed lot. This provision shall not apply if the contiguous lots are held in common ownership on June 6, 1994 and are recorded separately in the Cumberland County Registry of Deeds, and where the single, unimproved, nonconforming lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and contains at least 20,000 square feet of lot area.

b.

Outside SPO. A single, undeveloped, nonconforming lot which does not individually meet the dimensional and density standards of this Ordinance and is contiguous with a developed conforming lot held in common ownership shall be combined with the developed lot.

(2)

Nonconforming Lot Developed, Conforming Lot Undeveloped.

a.

Within SPO. A single, developed, nonconforming lot which does not individually meet the dimensional requirements of this Ordinance on which a principal use or structure exists and is contiguous with an undeveloped conforming lot held in common ownership on the effective date of this Ordinance and is recorded separately in the Cumberland County Registry of Deeds, may continue to be used as if it were a conforming lot, but may not be sold separately. Any change or expansion of the existing use or structure shall comply with all applicable dimensional and density standards of the base or overlay district.

b.

Outside SPO. A single, developed, nonconforming lot which does not individually meet the dimensional requirements of this Ordinance on which a principal use or structure exists and is contiguous with an undeveloped conforming lot held in common ownership on the effective date of this Ordinance or subsequent amendment, and is recorded separately in the Cumberland County Registry of Deeds, may continue to be used as if it were a conforming lot, and may be sold separately, provided that any change or expansion of the existing use or structure shall comply with all applicable dimensional and density standards of the base or overlay district, except lot width or area.

1.6.3. Nonconforming Uses.

The following standards apply both within and outside the SPO District, unless otherwise specified below.

A.

Continuance. A nonconforming use may be continued even though it does not conform to the use standards for the base zoning district (and any overlay district) in which it is located. A nonconforming use that is discontinued, whether or not there was an intent to abandon, for 24 consecutive months or more outside the APO, SPO, FPO, and WPO Districts, or for 12 consecutive months or more within the APO, SPO, FPO, or WPO Districts, may not be re-established except in compliance with the current standards of this Ordinance.

B.

Change in Use. A nonconforming use may be replaced by another use not allowed in the base zoning district (or any overlay district) if the Staff Review Committee determines that the new use will have no greater adverse impact on the water body, tributary stream wetland, aquifer, or on adjacent properties and resources, than the existing use. To show that no greater adverse impact will occur, the Change of Use application shall include written documentation assessing the probable effects on public health and safety, traffic, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, scenic features, as delineated in the 2002 Brunswick Parks, Recreation and Open Space Plan, as amended, flood plain management, archaeological and historic resources, commercial fishing and marine activities, and other functionally water-dependent uses.

C.

Expansion of Use.

(1)

Outside SPO. A nonconforming use may be expanded throughout the existing structure housing the use. A nonconforming use may also be expanded throughout any expansion of the existing structure allowed by this Ordinance. Any additional expansion of area occupied by the use, whether from expansion of the structure or extension of the use to additional land area, shall be limited to 1,000 square feet over a five-year period; provided that further additional expansion of a nonconforming use may be allowed through approval of a Special Permit in accordance with Subsection 5.2.3.C.

(2)

Within SPO. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Code Enforcement Officer, be expanded within existing residential structures or within expansions of such structures as allowed in Subsection 1.6.4.B(2).

D.

Reconstruction of Structure with a Nonconforming Use. If a structure housing a nonconforming use is destroyed, removed or damaged by any cause, the nonconforming use may be re-established in the structure if it is restored or reconstructed provided that a Building Permit for the restoration or reconstruction is obtained within two (2) years after the date of destruction, removal or damage, if the property is located outside the APO, SPO, FPO or WPO Districts; or within one (1) year of the date of destruction, removal or damage, if the property is located within the APO, SPO, FPO or WPO Districts.

1.6.4. Nonconforming Structures.

A.

Continuance. Both in and outside the SPO District, a nonconforming structure may be continued with the use established as of the effective date of this Ordinance, and may continue to be used for any use permitted within a base district or overlay district in which the property is located, or by Subsection 1.6.3 (Nonconforming Uses), even though the structure or its use does not conform to the requirements of this Ordinance.

B.

Expansion.

(1)

Outside SPO District. A nonconforming structure may be expanded if the expansion area complies with the standards of this Ordinance and the expansion does not increase the structure's nonconformity or create any other nonconformity, with the exception of the following:

a.

Where the structure is nonconforming because it extends into a minimum required setback, it may be expanded further within the minimum required setback as long as it does not extend beyond the setback established by the existing nonconforming structure.

b.

Where a structure, located within a Growth Area Zoning District, is nonconforming because it exceeds the allowable maximum building footprint, the structure or its replacement may be expanded by Special Permit (Subsection 5.2.4), such that the expansion does not create any other nonconformity.

(2)

Within SPO District.

a.

All new principal and accessory structures, excluding functionally water-dependent uses, shall comply with the water body, tributary stream or wetland setback requirements set forth in Subsection 2.3.3.C(1)a. A nonconforming structure may be added to or expanded after obtaining a permit from the same Review Authority as that for a new structure, if such addition or expansion does not increase the structure's nonconformity and is in accordance with Subsections 1.6.4.B(2)b and c below.

b.

Expansion of any portion of a structure within 25 feet of the normal high-water line of a water body, tributary stream, or upland edge of a wetland is prohibited, even if the expansion does not increase nonconformity with the water body, tributary stream or wetland setback requirement. Expansion of an accessory structure located closer to the normal high-water line of the water body, tributary stream or upland edge of a wetland than the principal structure is prohibited, even if the expansion does not increase nonconformity with the water body, tributary stream or wetland setback requirements.

c.

Notwithstanding Subsection 1.6.4.B(2)b, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as the expansion complies with all other standards of this Ordinance and the expansion is not prohibited by Subsection 1.6.4.B(2)a.

i.

The maximum total footprint for the principal structure may not be expanded to a size greater than 800 square feet or 30 percent larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater.

d.

All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as the expansion complies with all other requirements of this Ordinance and the expansion is not prohibited by Subsection 1.6.4.B(2)a. or b.

i.

For structures located less than 125 feet from a river freshwater wetland, or coastal wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet or 30 percent larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not exceed 20 feet, or the height of the existing structure, whichever is greater.

ii.

For structures located within the Shoreland Protection Overlay - Stream Protection Sub-District (SPO-SP) or less than 75 feet from the normal high-water line of a tributary stream - the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet or 30 percent larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not exceed 20 feet, or the height of the existing structure, whichever is greater.

iii.

In addition to the limitations as set forth in Subsection 1.6.4.B(2)d for structures that are legally nonconforming due to their location within the Shoreland Protection Overlay - Resource Protection Sub-District (SPO-RP) or when located less than the required structure setback from a water body or wetland, the maximum combined total footprint for all structures shall not be expanded to a size greater than 1,500 square feet or 30 percent larger than the footprint that existed at the time the Shoreland Protection Overlay - Resource Protection Sub-district (SPO-RP) or its equivalent was established on the lot, whichever is greater. The maximum height of any structure shall not exceed 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits contained in Subsections 1.6.4.B(2)c.i. and 1.6.4.B(2)d.i.

e.

An approved plan for expansion of a nonconforming structure must be recorded by the applicant with the Cumberland County Registry of Deeds, within 90 days of approval. The recorded plan shall show the existing and proposed footprint of the nonconforming structure, the existing and proposed structure height, the footprint of any other structures on the parcel, the SPO, and if applicable, SPO Sub-District areas and evidence of the approval of the Review Authority. A copy of the recorded plan shall be provided to the Town of Brunswick Department of Planning and Development by the applicant.

C.

Restoration, Reconstruction or Replacement.

(1)

Outside SPO District. Any nonconforming structure that is destroyed, removed or damaged by any cause may be restored or reconstructed to its pre-destruction, pre-removal or pre-damage condition, or replaced with a structure comparable to the destroyed, removed or damaged structure, provided that a Building Permit for the restoration, reconstruction, or replacement is obtained within two (2) years after the date of destruction, removal or damage; and no existing nonconformity is increased and no new nonconformity is created. Any restoration, reconstruction, or replacement of a nonconforming structure authorized by a Building Permit obtained after two (2) years shall comply with the current requirements of this Ordinance.

(2)

Within SPO District.

a.

Less than 50 Percent Damage.

i.

Any nonconforming structure, located within the required setback of a water body, tributary stream or wetland, that is removed, destroyed or damaged by any cause, by 50% or less of the structure's pre-destruction, pre-removal or pre-damage market value may be restored or reconstructed to its pre-destruction, pre-removal or pre-damage condition, provided that the structure is restored, reconstructed, or replaced in the same location and a Building Permit is obtained from the Code Enforcement Officer within one (1) year of such removal, destruction or damage. This subsection shall not apply to normal maintenance and repair to the structure.

b.

More than 50% Damage.

i.

Any nonconforming structure located within the required setback from a water body, tributary stream or wetland, that is removed, damaged or destroyed by any cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a Building Permit is obtained within 18 months of the date of said damage, destruction or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback standards to the greatest extent practicable as determined by the Code Enforcement Officer in accordance with Subsection 1.6.6. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. This subsection shall not apply to normal maintenance and repair to the structure.

ii.

If the reconstructed or replacement structure is located within the required setback of a water body, tributary stream or wetland, it shall not be any larger than the original structure, except as allowed pursuant to Subsection 1.6.4.B(2), as determined by the nonconforming footprint of the reconstructed or replacement structure in its new location. If the total footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for the new structure.

iii.

When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection 1.6.7.

iv.

In determining whether the building reconstruction or replacement meets the setback to the greatest extent practicable, the Code Enforcement Officer shall consider, in addition to the criteria contained in Subsection 1.6.4.E(2), the physical condition and type of foundation present, if any.

D.

Relocation to a Different Parcel, Outside or Within SPO District. A nonconforming structure may be relocated to a different parcel provided it complies with the dimensional and density standards of the base zoning district (and any applicable overlay district) in which it is relocated. If the relocation of a nonconforming structure requires removal of vegetation within the required SPO minimum structure setback area from a water body, tributary stream or wetland, such vegetation shall be replaced within the setback area in accordance with Subsection 1.6.7. Where feasible, when a nonconforming structure in the setback area is relocated, the original location of the structure shall be replanted with vegetation consisting of native grasses, shrubs, trees, or a combination thereof.

E.

Relocation on Same Parcel.

(1)

Outside SPO District. A nonconforming structure may be relocated within the same parcel provided it complies, to the greatest extent practicable, with the dimensional requirements of the base zoning district (and any applicable overlay district) in which it is relocated. In determining whether the relocated structure complies, to the greatest extent practicable, with such standards, the Code Enforcement Officer shall consider the size of the parcel, the slope of the land and potential for soil erosion, the location of other structures on the parcel and on adjoining properties, and the location of any easements, septic systems and wells on the parcel.

(2)

Within SPO District.

a.

A nonconforming structure may be relocated within the boundaries of the parcel on which it is located, provided that the site of relocation conforms to all setback requirements, to the greatest extent practicable, as determined by the Code Enforcement Officer and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and Rules. In no case shall a structure be relocated so that it is more nonconforming.

b.

In determining whether the building relocation meets the setback to the greatest extent practicable, the Code Enforcement Officer shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties; the location of any easements, septic systems, and wells; other on-site soils suitable for septic systems; and the type and amount of vegetation to be removed to accomplish the relocation. It is the responsibility of the applicant to provide this information to the Code Enforcement Officer.

c.

When it is necessary to remove vegetation within the water body or wetland required setback area in order to relocate a structure, the Code Enforcement Officer shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with Subsection 2.3.3.C(11). Replanting shall be completed in accordance with Subsection 1.6.7.

d.

Where feasible, when a structure is relocated, its original location shall be replanted with native vegetation consisting of native grasses, shrubs, trees, or a combination thereof.

F.

Foundations.

[(1)]

Within SPO District. Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation shall be placed such that the required setback is met to the greatest extent practicable as determined by the Code Enforcement Officer, based on criteria specified in Subsection 1.6.4.E(2) (Relocation on Same Parcel).

1.6.5. Nonconforming Site Features.

The following standards apply both within and outside the SPO District.

A.

Continuance. A nonconforming site feature may be continued even though it does not conform to the standards of this Ordinance.

B.

Expansion or Modification. A nonconforming site feature may be expanded or modified if the expansion area or modification complies with the requirements of this Ordinance and the expansion or modification does not extend the site feature's nonconformity or create a new nonconformity. In the APO, SPO, FPO, and WPO Districts, the expansion or modification must also comply with the minimum setback from a water body or wetland required by Subsection 2.3.3.C(1) (Setbacks of Structures from Water Bodies and Wetlands) to the greatest extent practicable.

C.

Restoration, Reconstruction, or Replacement. Any benign (not affecting health or safety) nonconforming site feature that is destroyed or damaged by any cause may be restored or reconstructed to its pre-destruction, pre-removal or pre-damage condition, or replaced with a site feature comparable to the destroyed, removed or damaged site feature, provided that no existing nonconformity is increased and no new nonconformity is created, and provided that a permit for the restoration, reconstruction, or replacement site feature is obtained within two (2) years after the date of destruction, removal or damage, if the property is located outside the APO, SPO, FPO and WPO Districts; or within one (1) year after the date of destruction, removal or damage, if the property is located within the APO, SPO, FPO and WPO Districts. Any restoration, reconstruction, or replacement of the site feature approved after two (2) years outside the APO, SPO, FPO and WPO Districts; or after one (1) year within the APO, SPO, FPO and WPO Districts, shall comply with all requirements of this Ordinance. Within the APO, SPO, FPO and WPO Districts, the restoration, reconstruction, or replacement shall comply with the minimum setback from a water body or wetland required by Subsection 2.3.3.C(1) (Setbacks of Structures from Water Bodies and Wetlands) to the greatest extent practicable.

1.6.6. Determination of Compliance to the Greatest Extent Practicable.

In determining whether an expanded, restored, reconstructed, replacement, or relocated nonconforming structure or site feature complies with setback requirements to the greatest extent practicable, the Review Authority shall consider the area of the parcel, the parcel's topography and potential for soil erosion, the location of other structures on the parcel and on adjoining properties; the location of any easements, septic systems or wells; soils suitable for septic systems on the parcel, and the type and amount of vegetation to be removed to accomplish the expansion.

1.6.7. Standards for Replacement of Removed Vegetation.

Where replacement of removed vegetation is required by a provision in this Subsection 1.6.7, the vegetation shall be replaced within the setback area in accordance with the following standards:

A.

Removed trees shall be replaced with at least one (1) native tree, at least three (3) feet in height, for every tree removed.

(1)

If more than five (5) trees are planted, no one (1) species of tree shall make up more than 50 percent of the number of trees planted.

(2)

Replaced trees must be planted no further from the water body or wetland than the trees that were removed.

B.

Other woody and herbaceous vegetation and ground cover that are removed or destroyed shall be re-established in an area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed. The replacement vegetation and/or ground cover shall consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

(Ord. of 2-17-26)

1.7.1. Rules of Ordinance Structure.

A.

Similar Terms. Terms which are similar that follow the spirit and intent of this Ordinance shall be so interpreted. For instance, the regulations pertaining to motels apply also to hotels. Should an Ordinance-referenced Federal, State or Local Agency or Department name be changed, or another agency or department takes over its function after the effective date of this Ordinance, the new agency or department name shall be so interpreted.

B.

Undefined Terms. Terms contained in this ordinance and not defined herein shall assume definitions as prescribed in the most recently published edition of Merriam-Webster's Collegiate Dictionary.

C.

Separability. The invalidity of any provision of this Ordinance does not invalidate any other provision.

D.

Abbreviations/Acronyms. The following abbreviations/acronyms are used in this Ordinance:

1.7.2. Definitions.

Accessory Dwelling Unit (ADU): A self-contained dwelling unit, featuring living, cooking and bathroom facilities, designed for and occupied by no more than one (1) household and located within, attached to, or detached from a single- or two-family dwelling.

Accessory Structure: A detached subordinate structure located on the same lot as a principal building and used for purposes customarily incidental to those of the principal building or use.

Adult Entertainment Establishment: Those businesses in any use category, a substantial or significant portion of which consists of selling, renting, leasing, exhibiting, displaying, or otherwise dealing in materials or devices of any kind that appeal to prurient interest and that depict or describe specified sexual activities or specified anatomical areas. "Specified sexual activities" include: 1) the exposure of human genitals in a state of sexual stimulation or arousal; 2) acts of human masturbation, sexual intercourse or sodomy; 3) fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts; 4) live nude exhibition. "Specified anatomical areas" include 1) less than completely and opaquely covered (a) human genitals or pubic region, and (b) buttock, and (c) female breast below a point immediately above the top of the areola, and 2) human male genitals in a discernably turgid state, even if completely and opaquely covered.

Affordable Housing Development:

A.

For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household monthly income on housing costs; and

B.

For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs.

Agricultural Clearing: A clearing created to support the production of traditional agricultural crops including grazing areas for livestock, fields used for the production of hay, straw, and other fruit, grain, and vegetable crops, Christmas tree farms, and orchards. This definition does not include mineral extraction.

Agricultural Composting Operation: Composting that takes place on a farm. Agricultural composting operation does not include an operation that involves nonorganic municipal solid waste; that composts municipal sludge, septage, industrial solid waste or industrial sludge; or that composts materials with a moderate or high risk of contamination from heavy metals, volatile and semi-volatile organic compounds, polychlorinated biphenyls or dioxin.

Agricultural Structure: Any primary or accessory structure designed for or used for conducting agriculture, including but not limited to barns, sheds, silos, animal shelters, storage enclosures, pens, water or irrigation tanks or related structures, or bunkhouses, but not including a single or two-family dwelling, a multifamily dwelling, and not including portable equipment.

Agriculture: The production, keeping, or maintenance, for sale or lease, of plants and/or animals including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruit and vegetables; and ornamental and green house products. Agriculture does not include forest management and timber harvesting activities.

Alteration: The addition, demolition, or construction of any building on a pre-existing site, including the removal or addition of façade materials, the addition of floor area to a site, the erection of fences or the addition of signage, and the creation of new impervious surface.

Aquaculture: The commercial raising of marine animals and plants in a natural or man-made aquatic environment, including the processing of marine animals and plants and their byproducts.

Archaeological and Historic Resources: Any material of past human life, activities, or habitation that are of historic or prehistoric significance.

Architectural or Archaeological Significance: A site, structure, object, or artifact that is listed, or is eligible to be listed on the National or Maine Registers of Historic Places, or that contributes archaeologically, culturally, or architecturally to the history of the Town of Brunswick.

Area of Special Flood Hazard: The land in the floodplain having a one (1) percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in Section 2.3.4.B(2).

Assisted/Congregate Living Facility: A long-term residence, excluding boarding houses as defined, for people with disabilities that prevent them from living on their own, or for people without disabilities. The residence provides private rooms or apartments with common areas for dining, socializing and programs along with daily meals, personal services, and may also offer limited nursing and 24 hour care. Housekeeping services are provided, but residents are relatively self-sufficient. It also includes a "community living arrangement" as defined in 30-A M.R.S.A. § 4357-A, as amended for eight (8) or fewer persons with disabilities. For purposes of this use, the term "disabilities" shall have the same meaning assigned by federal law and regulations pursuant to the Fair Housing Act Amendments of 1988.

Aviation Operations: Runways, taxiways, navigational devices, communication facilities, control towers, and similar facilities directly related to the operation and maintenance of an airfield including administrative offices and facilities for fueling aircraft.

Aviation Related Businesses: Facilities and businesses that rely on or directly benefit from proximity to airport facilities including, but not limited to, general and corporate aviation facilities, charter air service, aircraft maintenance/repair/overhaul, aviation related manufacturing, sales, service, or education, government and aerospace research and development, and similar aviation-related activities including ancillary facilities that service aviation uses.

Basal Area: The area of cross-section of a tree stem, including bark, at four and one-half (4.5) feet above ground level.

Base Flood: A flood having a one (1) percent chance of being equaled or exceeded in any given year commonly called the 100-year flood.

Basement: Any area of building having its floor subgrade (below ground level) on all sides. For purposes of the Shoreland Zoning Overlay regulations of the SPO District, basement means any portion of a structure with a floor-to-ceiling height of six (6) feet or more and having more than fifty (50) percent of its volume below the existing ground level.

Bed and Breakfast: A dwelling occupied by the owner as a principal place of residence with not more than ten (10) rooms that are rented on a per diem basis, where meals may be provided to those who rent rooms.

Biomass Facility: A facility that converts or is designed to convert renewable biomass into heat, power, biobased products, or advanced biofuels.

Block: Land surrounded on all sides by streets or other transportation or utility rights-of-way, or by physical barriers such as bodies of water or public open spaces.

Boarding House: A building other than a hotel containing a shared kitchen and/or dining room, with sleeping rooms accommodating no more than two (2) persons per room (excepting minor children) that are offered for rent, with or without meals. This definition does not include homeless shelter, apartment-style, non-apartment-style or homeless shelter, resource center.

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 supporting foundation system.

Building: Any structure having a roof supported by columns or walls. See structure.

Building Height: Generally, the vertical distance measured from the average ground elevation of the finished grade at the base of a structure up to the highest point of the structure. For buildings with a gabled roof, building height is measured up to the midpoint between the eave and peak of the roof. For purposes of the Shoreland Zoning Overlay regulations, height of a structure is measured as the vertical distance from the mean original (prior to any new construction) grade at the downhill side of the structure up to the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that have no floor area.

Bureau of Forestry: A bureau contained within the State of Maine Department of Agriculture, Conservation and Forestry.

Bus or Rail Station: An area or structure where public passengers board or alight from busses or trains or transfer between busses and trains, including accessory facilities such as passenger shelters and benches, but not including any facilities located in the public rights-of way.

Campground: Any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including, but not limited to tents, recreational vehicles or other shelters.

Canopy: With reference to structures, a roof like cover, including an awning, that projects from the wall of a building over a door, entrance, or window.

Canopy, Forest or Tree: The more or less continuous cover formed by tree crowns in a wooded area.

Canopy, Outdoor Service Area: A free standing, or projecting cover, above an outdoor service area, such as a motor vehicle fueling station that is subordinate to the primary use/structure on the property.

Car Wash: A structure and related land area containing facilities for the commercial washing of motor vehicles by hand or by using production-line, automated or semi-automated equipment, including facilities where washing is performed by the motor vehicle owner, where washing is mechanized, and where washing is performed by employees.

Certificate of Compliance: A document signed by the Code Enforcement Officer stating the structure is in compliance with all the provisions of this Ordinance.

Character-Defining Feature: For the purposes of the Village Review Overlay (VRO) District, the form, material, and detail of an architectural feature important in defining a building's historic character and whose retention will preserve that character. Such features include, but are not limited to, façades, roofs, porches, windows, doors, trim, massing, scale, and orientation of structures, and landscape features such as fences, walls, posts, and walkways.

Club or Lodge: An organization and its premises catering exclusively to members and their guests for social, intellectual, recreational or athletic purposes.

Coastal AE Zone: The portion of the Coastal High Hazard Area with wave heights between 1.5 feet and 3.0 feet and bounded by a line labeled "Limit of Moderate Wave Action" (LiMWA) on a Flood Insurance Rate Map (FiRM). VE Zone floodplain construction standards are applied to development, new construction, and substantial improvements in the Coastal AE Zone.

Coastal High Hazard Area: An area of special flood hazard extending from offshore to the inland limit of primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal High Hazard Areas are designated as Zone VE and Zone AE bounded by a line labeled "Limit of Moderate Wave Action" (LiMWA) on a Flood Insurance Map (FiRM).

College: An institution of post-secondary education with facilities used for the offering of courses, lectures, training seminars or other similar use or that is used in support of the educational, cultural and recreation mission of the institution, including accessory structures and uses necessary to support those activities, including day care facilities, athletic facilities and playgrounds, but not including facilities such as kindergarten, elementary, middle or secondary school.

Containment Wall: A wall surrounding sides of an above ground tank to contain any spills or leaks.

Common Development Plan: A proposed development approved in accordance with Section 5.2.9.H. A Common Development Plan may involve multiple new buildings or structures on a single lot, multiple new buildings or structures on multiple lots, or a single new building or a redeveloped building on an individual lot or multiple lots.

Community Center: A building that provides a meeting place for a local, non-profit community organization on a regular basis.

Community Water and Sewer Facility: A water and sewer facility that is operated and maintained solely by a homeowners' association or other non-municipal entity and that does not connect to any municipal system.

Compatibility: For purposes of the Village Review Overlay District (VRO), possessing characteristics that are predominant in nature to character-defining features of structures within a neighborhood, as described in the VRO Design Guidelines. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of alterations or development proposals in maintaining the character of the existing neighborhood.

Complete: In the context of a Development Review application, complete means:

(1)

All submission requirements established by this Ordinance have either been complied with or a wavier has been requested.

(2)

Any additional information requested by the Review Authority at any prior meeting has been provided; and

(3)

All conditions of any relevant prior approval for the property have been fulfilled unless the application describes the manner in which unfulfilled conditions will be addressed.

Conformity/Conforming: Complying with use, density, dimension, and other standards of this Ordinance.

Conservation Easement: A perpetual restriction on the use of land, created in accordance with the provisions of 33 M.R.S.A. § 476-479(B), as amended, for the purposes of conserving open space, agricultural land, or natural, cultural, historic and scenic resources.

Contractor's Space: A facility that contractors use for the storage, inventory and prefabrication of materials associated with construction.

Contributing Resource: For purposes of the Village Review Overlay (VRO) District, a building, site, structure, or object that adds to the historic association, historic architectural quality, or archeological values for which a property is significant because it was present during the period of significance, relates to the documented significance of the property and possesses historic integrity, or is capable of yielding important information about the period; or it independently meets the National Register of Historic Places criteria.

Contributing Resource of Local or Regional Significance: For purposes of the Village Review Overlay (VRO) District, a building, site, structure, or object over 50 years of age identified as having local or regional significance, based on Town- established criteria as follows:

(1)

Its value as a significant example of the cultural, historic, architectural, archeological, or related aspect of local or regional heritage.

(2)

Its location as a site of significant historic or prehistoric event or activity that may have taken place within or which involved the use of any existing structure on the property.

(3)

Its identification with a person or persons who significantly contributed to the cultural, historic, architectural, archeological, or related aspect to local or regional heritage.

(4)

Its exemplification of a significant architectural type, style, or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, and artisanship.

(5)

Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in local or regional history or development.

(6)

Its representation of a significant cultural, historic, architectural, archeological, or theme expressed through distinctive areas, sites, structures, objects, or artifacts that may or may not be contiguous.

Cook's Corner Master Plan: A plan, titled "The Cook's Corner Master Plan" dated June 1998, for the development of the Cook's Corner area, as approved and amended by the Town Council.

Curb Cut: An entry into a street or road or right-of-way for vehicular traffic.

Day: A calendar day. For the purposes of this ordinance, if a deadline falls on a weekend, legal holiday, or other date on which the town office is closed on a planned or unplanned basis, the deadline shall be the next day on which the town office is open.

Day Care Facility: A Day Care Facility for Children, as defined in 22 M.R.S.A. § 8301, as amended; and Adult Day Care Programs, as defined in 22 M.R.S.A. § 8601, as amended. A Small Day Care Facility is one that provides services for no more than six (6) children or adults. A Large Day Care Facility is one that provides services for more than six children or adults.

Demolition: The removal of part or the whole of a structure.

Density: For purposes of Development Review, density is defined as the number of dwelling units permitted per the determined net site area of a lot or parcel.

Department: The Department of Planning and Development of the Town of Brunswick, unless the context clearly indicates that another Department is referenced.

Develop: For purposes of the Shoreland Protection Overlay (SPO) District, develop is defined as a change in land use involving alteration of the land, water, or vegetation, or the addition or alteration of structures or other construction not naturally occurring,

Developed Area: For purposes of Stormwater Management and the Rural Protection Stormwater Management Overlay (RPSMO) District, developed area is defined as land areas that consist of compacted soil and sparse vegetation as a result of human activity, and lawn areas that are cut more than twice annually.

Development: Any change caused by individuals or entities to improved or unimproved real estate-including, but not limited to: the construction of, or additions or substantial improvements to, buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials; the storage, deposition, or extraction of materials; and public or private sewage disposal systems or water supply facilities.

Dimensional Standard: Any standard of this Ordinance regulating spatial aspects of land, structures, and uses—including, not limited to, lot area, lot width, setbacks, building height, impervious surface coverage, and building footprint, but excluding density.

Director: The Director of Planning and Development of the Town of Brunswick, unless the context clearly indicates that another official is referenced.

Disturbance: For the purposes of the Wildlife Protection Overlay (WPO) District regulations, the grading and/or permanent clearing of naturally occurring stands dominated by woody vegetation for other activities as stated in Section 2.3.5.C(1)a, or the area of such disturbance.

Disturbed Area: For purposes of Stormwater Management and of the Rural Protection Stormwater Management Overlay (RPSMO) District, all land areas that are stripped, graded, grubbed, filled, bulldozed or excavated at any time or removal of vegetation for, or construction of, a development shall be considered. Disturbed area does not include maintenance activities. A land area on which the cutting of trees, without grubbing, stump removal or exposure of soil has taken place is not considered disturbed area.

Drive-Through Service: Any structure through which a product or service is provided directly to a customer seated in a motor vehicle including, but not limited to, take-out or pick-up windows, banking terminals, automatic teller machines and other facilities commonly referred to as drive-up, drive-through or take-out. This definition excludes gasoline service stations, car washes, drive-in theatres and drive-in restaurants where orders are taken and food delivered to a motor vehicle that remains in a parking space.

Driveway (Located in the SPO): That portion of a lot set aside for vehicular access between the public or private road and the portions of the lot used for buildings, structures, parking, or other uses to which the lot is devoted. For SPO District purposes, a driveway only includes a vehicular accessway up to 500 feet in length, serving no more than two (2) single-family dwelling units or one (1) two-family dwelling unit.

Driveway (Not located in the SPO): An entrance to a property from a public or private street.

Driveway, Common: An entrance jointly owned and maintained by abutting owners providing access to no more than two (2) lots, nor more than two (2) dwelling units both having frontage on the same street from which the entrance originates.

Driveway, Rear Lot: A Common or Shared Driveway, as defined herein, providing access to a single lot or single dwelling unit through a dedicated or recorded right-of-way from a fronting parcel on a public or private street.

Driveway, Residential Parking Lot: A driveway accessing a parking lot for multi-unit residential building(s).

Driveway, Shared: An entrance through an easement to no more than two (2) lots, nor more than two (2) dwelling units.

Dwelling, 1- or 2-family: A structure designed for occupancy by one (1) or two (2) households on a single lot.

Dwelling, Multifamily. A structure designed for occupancy by three (3) or more households or dwelling units, but not including an Assisted/Congregate Living Facility, Boarding House, Hotel, Residence Hall, or Accessory Dwelling Unit, as defined.

Dwelling, Permanent: A residence that has been designed, constructed and intended for more than temporary residential use (see "Dwelling, Temporary").

Dwelling, Temporary: Any tent, trailer, motor home or other structure used for human shelter which may be designed to be transportable and not attached to the ground/foundation, to another structure or to any utilities. Not designed for permanent use (see Dwelling, Permanent").

Dwelling Unit: A group of rooms that provide living quarters with independent cooking, sleeping, and bathroom facilities for one (1) household. The term shall apply to mobile homes, and to rental units that contain cooking, sleeping, and toilet facilities regardless of the time period rented. Recreational vehicles are not dwelling units.

Easement: The right to use or restrict the use of land of another for or to specified purposes.

Elevated Building: For the floodplain management purposes of the Floodplain Protection Overlay (FPO) District, an elevated building is a non-basement building that is:

(1)

Built to have the top of the elevated floor (in the case of buildings in Zones AE or A) or the bottom of the lowest horizontal structural member of the elevated floor (in the case of buildings in Zone VE) elevated above the ground level by means of pilings, columns, post piers, or "stilts;" and

(2)

Adequately anchored so as not to impair the structural integrity of the building during a flood of up to one (1) foot above the magnitude of the base flood.

In the case of Zones A or AE, "Elevated Building" also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of flood waters, as required in Article VI.N. In the case of Zone VE and Coastal AE Zone, "Elevated Building" also includes a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls, if the breakaway walls meet the standards of Article VI.R.3.b.(3).

Elevation Certificate: An official form (FEMA Form, FF-206-FY-22-152 as amended) that is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program.

Eligible Facilities Request: For purposes of telecommunications facility regulations, the collocation, removal, replacement, and modification of transmission equipment on an existing wireless tower or base station, provided this action does not substantially change the physical dimensions of the tower or base station, under the Telecommunications Act of 1996 and further referenced in the Middle Class Tax Relief and Job Creation Act (2012) (as amended and interpreted by the federal courts). This includes structural enhancements involving the hardening of equipment when necessary for a covered collocation, replacement, or removal of transmission equipment, but does not include the replacement of the underlying structure.

Environmental Resource Center: A structure or group of structures that provide various uses supporting activities related to agriculture, aquaculture, environmental studies and improvement, land and water conservation, and wildlife organizations. Provided that they are associated with the above referred uses, such uses may include, but are not limited to: office and meeting space for supporting such activities; commercial kitchen for public events or tenant use; exhibit space; greenhouse; grounds for passive recreation; picnic areas; non-motorized trails; incubator space; space for storage for conservation/trail maintenance equipment; bicycle and/or ski rental facilities; cooperative storage space for shared equipment, gear, and tools; and public lockers, restrooms, and showers.

Equestrian Facility: A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to: show jumping, dressage, and similar events of other equestrian disciplines, and including stables and other accessory uses and structures supporting those activities.

Essential Services: For SPO District purposes, essential services are gas, electrical or communications facilities; steam, fuel, electric power or water transmission or distribution lines; towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

Expansion of a Structure:

(1)

An increase in the floor area of a structure, including all extensions such as, but not limited to, attached decks, garages, porches, and greenhouses.

(2)

For SPO District purposes, an expansion of a structure shall be the increase in the footprint or height of a structure, including all extensions such as, but not limited to, attached decks, garages, porches and greenhouses.

Expansion of Use: The addition of weeks or months to a use's operating season, additional hours of operation, or an increase in floor area or ground (footprint for SPO District purposes) area devoted to a particular use.

Fall Zone: The area within which a telecommunications tower may be expected to fall in the event of a structural failure, as determined by engineering standards.

Farm: A location for the production, keeping or maintenance for sale or lease, of plants and/or animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruit and vegetables; and ornamental and greenhouse products. A farm does not include forest management and timber harvesting activities.

Farm Operations: A condition or activity that occurs on a farm in connection with the commercial production of agricultural products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; operation of machinery and irrigation pumps; disposal of manure; agricultural support services; and the employment and use of labor.

Farmer's Market: The seasonal selling of fresh agricultural products occurring in a pre-designated outdoor area or indoor facility by local vendors that have raised and/or prepared the products for retail sale.

Financial Institution: An establishment that provides retail banking, lending, and financial services to individuals and businesses. Accessory uses may include automatic teller machines and drive through facilities.

Flood or Flooding:

(1)

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

a.

The overflow of inland or tidal waters.

b.

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 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 tide surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

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, issued by the Federal Insurance Administrator, on which the special flood hazard areas and the risk premium zones applicable to the community are delineated.

Floodplain: Any land area susceptible to being inundated by flood waters from any source during a Base Flood.

Floodplain Construction, New: Structures for which the "start of construction" commenced on or after the initial date of floodplain management regulations adopted by the Town of Brunswick and includes any subsequent improvements to such structures.

Floodplain Management Regulations: Zoning ordinances, subdivision regulations, zoning codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in 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 that reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Floodway: See Regulatory Floodway.

Floor Area: The total area, in square feet, of all floors of a building, measured within the interior walls, excluding unfinished attics and unfinished cellars. In the case of a use which occupies a portion of a building, floor area shall be measured from the interior of the walls which defines the space.

Footprint:

(1)

The area of ground covered by a structure, including the foundation and all areas enclosed by exterior walls and footings.

(2)

For SPO District purposes, footprint is the entire area of ground covered by the structure(s) on a lot, including, but not limited to, cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks.

Foundation: For purposes of the SPO District, the supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frostwalls, or other base consisting of concrete, block, brick, or similar material.

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.

Front Lot Line: That line that separates the lot from a public or private street right-of-way. On corner lots, the front lot line shall be the line opposite the front of the principal building.

Functionally Water Dependent Use:

(1)

For purposes of the floodplain management regulations for the FPO District, a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

(2)

For SPO District purposes, those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site, and uses that primarily provide general public access to coastal or inland waters. Recreational boat storage buildings are not considered to be functionally water-dependent use.

Garage and Yard Sales: A temporary activity for the sale of used household goods on a property containing a residential primary use.

Golf Course: A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways and hazards, excluding miniature golf, golf driving ranges and Frisbee golf. A golf course may include a clubhouse and shelters as accessory uses.

Grading: Excavation, alteration of land contours, grubbing, filling, or stockpiling of earth materials.

Gross Floor Area (GFA) of a dwelling unit: All floor area (as defined above) that is interior and occupiable as habitable living space as well as any attached garage floor area.

Ground Cover: For SPO District purposes, small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.

Hazard Tree: For SPO District purposes, a tree with a structural defect, combination of defects, or disease resulting in a structural defect that, under the normal range of environmental conditions at the site, exhibits a high probability of failure and loss of a major structural component of the tree in a manner that will strike a target. A normal range of environmental conditions does NOT include meteorological anomalies, such as, but not limited to hurricanes, hurricane-force winds, tornados, microbursts, or significant ice storm events. Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A target is the area where personal injury or property damage could occur if the tree or a portion of a tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger.

Hazardous Matter: any material identified as being hazardous by either the Maine Department of Environmental Protection (MEDEP) or the U.S. Environmental Protection Agency (USEPA).

Historic District: A geographic area federally designated as an historic district and listed on the National Register of Historic Places.

Historic Integrity: The authenticity of a property's historic identity as evidenced by the survival of physical characteristics (location, design, setting, materials, workmanship, and association) that existed during the property's prehistoric or historic period.

Historic Structure: An historic structure is any structure that is:

(1)

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

(2)

Certified or preliminarily determined by the Secretary of 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:

a.

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

b.

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

Home Occupation: A lawful business, profession, occupation or trade, conducted within a dwelling unit or accessory structure by a resident of the dwelling unit, where the business, profession, occupation, or trade is incidental and subordinate to use of the dwelling for residential purposes. A home office, including for telecommuting purposes, which is carried on by only residents and does not involve any signs, public access, outdoor storage or displays is not considered a home occupation and is not regulated by this Ordinance.

Homeless Shelter, Apartment-Style: A facility of at least three (3) units, the primary purpose of which is to provide temporary accommodations to homeless households, established prior to arrival at the facility, free of monetary charge or at nominal cost, in apartment-style units. Accommodations are provided on a temporary basis, meaning that the facility is intended to serve as a refuge and a bridge between homelessness and residency in a suitable fixed location. Each apartment provides housing to a single established household and contains sleeping, cooking and bathroom facilities. Such facility may also provide accessory support services such as food, hygiene, laundry, staff offices; and meeting rooms for counseling, job training and referrals to other agencies.

Homeless Shelter, Non-Apartment-Style: A facility, the primary purpose of which is to provide temporary accommodations to homeless persons, free of monetary charge or at a nominal cost, in either a dormitory-style or barracks-style arrangement. Accommodations are provided on a temporary basis, meaning that the facility is intended to serve as a refuge and a bridge between homelessness and residency in a suitable fixed location. Such facility may also provide, in addition, no more than two (2) apartment-style units intended for staff or guests with accessibility needs, accessory support services such as food, hygiene, laundry, staff offices; and meeting rooms for counseling, job training and referrals to other agencies.

Homeless Shelter, Resource Center: A facility, the primary purpose of which is to provide temporary accommodations to homeless persons, free of monetary charge or at nominal cost, in apartments, dormitory-style or barracks-style arrangements, or any combination of such arrangements. Accommodations are provided on a temporary basis, meaning that the facility is intended to serve as a refuge and a bridge between homelessness and residency in a suitable fixed location. Such facility also provides, in addition to shelter, support services (such as food, hygiene, laundry, staff offices, and meeting rooms for counseling, job training, and referrals to other agencies in excess of the maximum floor area percentage permitted as an accessory use.

Hospital: An institution providing, but not limited to, overnight health services, primarily for inpatients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

Hotel: A facility that provides sleeping accommodations for compensation by transient guests, with or without a dining room or restaurant, including a Motel, but excluding Bed and Breakfast, Boarding House, and Residence Hall facilities.

Household: One (1) person, or a group of two (2) or more persons, living together in the same dwelling unit as a single housekeeping entity.

Impervious Area: For the purpose of Stormwater Management and the Rural Protection Stormwater Management Overlay (RPSMO) District, disturbed area that results in low-permeability material that is highly resistant to infiltration by water, such as asphalt, concrete, or rooftop, and areas such as gravel roads and unpaved parking areas that will be compacted through design or use to reduce their impermeability.

Impervious Area, Redeveloped: For purposes of Stormwater Management, a redeveloped impervious area is an existing impervious area required for any additional off-street parking and vehicle traffic circulation for a proposed use; and new principal and accessory structures or additions over existing impervious area.

Impervious Surface: Any material covering the ground through which water does not readily penetrate—including, but not limited to, roofed structures, decks, concrete, stone, tar, asphalt, pavement, gravel, crushed stone, and shale.

Impervious Surface Coverage: The ratio between impervious surface and total land area of a lot, expressed as a percentage.

In-Kind Replacement: Replacement of a feature with new materials that identically matches the original with respect to design, size, configuration, texture and other visual qualities.

Increase in Nonconformity of a Structure: See definition Structure, Increase in Nonconformity.

Individual Private Campsite: An area of land that is not associated with a campground, but is developed for repeated camping by only one group of not more than ten (10) individuals, and involves site improvements that may include, but not be limited to, a gravel pad, parking area, fire place, or tent platform.

Industry, Artisan: This use includes small scale manufacturing of arts, crafts, gifts, clothing, foods, beverages, and other materials in facilities that may also sell or taste goods produced to the public from the same location, in a space not to exceed 10,000 square feet and where no more than 10 employees typically occupy the space at any given time.

Industry, Class I: Production, manufacturing, assembly, fabrication, processing, treatment, compounding, preparation, cleaning, servicing, testing or repair of materials, goods or products in a space not to exceed 20,000 square feet and where no more than 25 employees typically occupy the space at any given time. Includes small engine repair.

Industry, Class II: Production, manufacturing, assembly, fabrication, processing, treatment, compounding, preparation, cleaning, servicing, testing or repair of materials, goods or products in a space exceeding 20,000 square feet or where more than 25 employees typically occupy the space at any given time.

Infill Development: The development of vacant or partially developed parcels which are surrounded by or in close proximity to areas that are substantially or fully developed.

Junkyard or Automobile Graveyard: A land area used to store or dispose of old, discarded, worn-out, scrapped, or junked materials such as, but not limited to, plumbing, heating supplies, household appliances, furniture, lumber, rope, rags, batteries, paper trash, rubber debris, waste, scrap iron, steel, copper, brass, and other scrap ferrous or nonferrous material or three or more unserviceable, discarded, worn-out, or junked motor vehicles. This use includes garbage dumps, waste dumps, and sanitary landfills.

Kennel: Any establishment including cages, dog runs, and/or structures where more than three (3) dogs aged six (6) months or older are kept for sale, boarding, or breeding.

Lane: A secondary access road located behind a house within a subdivision.

Leachable Materials: Liquid or solid materials including solid wastes, sludge, and agricultural wastes—that are capable of releasing waterborne contaminants into the ground.

Level of Service: A technical measure that assesses the traffic impact associated with new or expanded uses, calculated in accordance with the provisions of the Highway Capacity Manual, most recent edition, published by the National Academy of Sciences, Transportation Research Board.

Limit of Moderate Wave Action (LiMWA): The landward limit of the 1.5-foot breaking wave within a Coastal AE Zone. These areas are bounded by a line labeled "Limit of Moderate Wave Action (LiMWA)" on a Flood Insurance Rate Map (FiRM). The LiMWA line delineates that portion of the Special Flood Hazard Area (SFHA) landward of a VE Zone in which the principal sources of flooding are astronomical high tides, storm surges, or tsunamis, not riverine sources. These areas may be subject to wave effects, velocity flows, erosion, scour, or combinations of these forces. The floodplain development and construction standards for VE ones will be applied in the Coastal AE Zone.

Lot of Record: A parcel of land described in a recorded deed or shown on an approved and recorded subdivision plan and meeting zoning standards at the time it was created.

Lot or Parcel: An area of land with ascertainable boundaries, all parts of which are owned by the same person(s) or entities.

Lot, Rear: A lot located to the rear of another lot that lacks the minimum road frontage required in the zoning district and is accessed by either a strip of land that is part of the parcel or a deeded right-of-way or easement over one or more lot(s).

Lot Width: The horizontal distance between side lot lines measured along the front lot line (lot frontage along a road). For Shoreland Protection Overlay (SPO) District purposes, lot width is the closest distance between the side lot lines of a lot. When only two (2) lot lines extend into the SPO area, both lot lines shall be considered to be side lot lines.

Lowest Floor: For purposes of the FPO District, the lowest floor of the lowest enclosed area (including basement) of a building. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.

Maintenance Activity: For purposes of Stormwater Management, a maintenance activity is an activity associated with stabilizing soil erosion, preventing sedimentation from developed land, or reconstruction of existing developed land, provided the activity does not require development review by the Staff Review Committee or Planning Board.

Manufactured Housing: Shall have that meaning defined in 30-A M.R.S.A. § 4358.1.A, as amended.

Marijuana Cultivation Facility: A facility used to purchase marijuana plants and seeds from other cultivation facilities; to cultivate, prepare and package marijuana; to sell marijuana to products manufacturing facilities, to marijuana stores and to other cultivation facilities; and to sell marijuana plants and seeds to other cultivation facilities and immature marijuana plants and seedlings to marijuana stores. This definition does not apply to a Registered Caregiver as defined under 22 M.R.S.A. § 2422(11) who is not operating a Medical Marijuana Storefront and who is cultivating marijuana solely for direct sale to Qualifying Patients as defined by 22 M.R.S.A. § 2422(9).

Marijuana Products Manufacturing Facility: A facility used to purchase marijuana from a cultivation facility or another products manufacturing facility; to manufacture, label and package marijuana and marijuana products; and to sell marijuana and marijuana products to marijuana stores and to other products manufacturing facilities. This definition does not apply to a Registered Caregiver as defined under 22 M.R.S.A. § 2422(11) who is not operating a Medical Marijuana Storefront and who is cultivating marijuana solely for direct sale to Qualifying Patients as defined by 22 M.R.S.A. § 2422(9).

Marijuana Store: A facility licensed under 28-B M.R.S.A. Subchapter 2 to purchase adult use marijuana, immature marijuana plants and seedlings from a cultivation facility, to purchase adult use marijuana and adult use marijuana products from a products manufacturing facility and to sell adult use marijuana, adult use marijuana products, immature marijuana plants and seedlings to consumers.

Marijuana Storefront, Medical: An establishment other than the permanent residence of a Registered Caregiver or a Qualifying Patient from which a Registered Caregiver provides marijuana for medical use to a Qualifying Patient. For purposes of this ordinance, "permanent residence" has the same meaning as in 36 M.R.S.A. § 681(3).

Marijuana Testing Facility: A facility used to develop, research and test marijuana, marijuana products and other substances.

Marina: A business establishment having frontage on navigable water that, as its principal use, provides for hire moorings, slips, and/or docking facilities for boats, and that may also provide accessory services such as boat and related sales, boat repair and construction, setting of moorings, boat and tackle shops, and marine fuel service facilities.

Marine Activity: Construction including but not limited to piers, docks, wharves, breakwaters, causeways, marinas, boat launching ramps, yacht clubs, boatyards, boat storage, facilities associated with commercial fishing, bridges over 20 feet in length, and accessory uses associated with any of these activities. Excluded are non-commercial structures which are accessory to a single or two-family dwelling.

Market Value: For SPO District purposes, the estimated price a structure will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

Mean Sea Level: For the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NVGD) of 1929, North American Vertical Datum (NAVD), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Message, Commercial: Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

Message, Noncommercial: Any sign wording, logo or other representation that is not defined as a commercial message.

Mineral Extraction: Any operation that removes within any 12 month period more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or similar mineral from its natural location for sale or use off-site.

Mixed Use: Any combination of residential and non-residential uses on the same lot or in the same building or building complex.

Mobile Home: Shall have that meaning defined in 30-A M.R.S.A. § 4358.1.A(1), as amended.

Mobile Home Park: Shall have that meaning defined in 30-A M.R.S.A. § 4358.1.B, as amended. For floodplain purposes, "Mobile home park" means a parcel of land under unified ownership approved by the municipality for the placement of 2 or more manufactured homes.

Mobile Home Park Site: The area of land within a mobile home park designed and used for placement of an individual mobile home and reserved for use by the occupants of that home.

Modular Home: Shall have that meaning defined in 30-A M.R.S.A. § 4358.1.A(2), as amended.

Motor Vehicle: A self-powered wheeled vehicle, designed to run primarily on improved roads, which transports passengers or cargo, such as but not limited to, cars, trucks, motorcycles, recreational vehicles, and buses, but not including trains and emergency vehicles.

Motor Vehicle Fueling Station: An establishment providing sales of fuel for motor vehicles, including but not limited to gasoline, diesel fuel or compressed natural gas that may also provide minor repair services such as lubrication, oil and tire changes, but not including vehicle bodywork or painting, or major repair of engines or drivetrains. Does not include electric fueling stations accessory to a permitted use, Vehicle Service or Repair, or Marina.

Motor Vehicle Service or Repair: An establishment where motor vehicles and equipment are repaired or serviced, including boat or small engine service or repair.

Municipal Facility: Any Town owned or leased facility that is provided to meet a municipal need, including, but not limited to recreational facilities, municipal offices, and utilities provided by Brunswick and Topsham Water District and Brunswick Sewer District necessary to provide utility services to residents of the Town, but not including schools. Facilities of the Brunswick and Topsham Water District, the Brunswick Sewer District, and any facility that was formerly Town owned but has since been purchased, transferred, or leased from the Town in order to continue to provide services to meet a municipal need, are considered to be municipal facilities.

National Geodetic Vertical Datum (NGVD): For floodplain management purposes, the NGVD is the national vertical datum, whose standards were established in 1929, which is used by the National Flood Insurance Program (NFIP). The NGVD was based upon mean sea level in 1929 and has been called "1929 Mean Sea Level (MSL)."

Native: For SPO District purposes, plant species that are indigenous to the local area.

Naturally Occurring Stand Dominated by Woody Vegetation: An area of forest, shrub land, heath barren or regenerating timber harvest. This definition does not include artificially planted Christmas tree farms or pine plantations.

Neighborhood Store: A retail store of not more than 2,000 square feet, located on a collector street, offering primarily grocery items and that may also offer takeout food items. A Neighborhood Store does not incorporate and is not accessory to a vehicle fueling station.

Net Site Area: The portion of a parcel subject to Development Review and used in the determination of allowable density. See Subsection 4.2.5.A, Calculation of Net Site Area.

Nonconforming Lot: A lot that does not meet one (1) or more of the requirements of this Ordinance, but was lawfully created before the effective date of the Ordinance standards that cause it to be noncomplying.

Nonconforming Sign: A sign that does not meet one (1) or more of the requirements of this Ordinance, but was lawfully constructed or erected before the effective date of the Ordinance provisions that cause it to be noncomplying.

Nonconforming Site Feature: A site feature that does not meet one (1) or more of the requirements of this Ordinance, but was lawfully constructed or erected before the effective date of the Ordinance standards that cause it to be noncomplying.

Nonconforming Structure: A structure other than a sign that does not meet one (1) or more of the standards of this Ordinance, but was lawfully constructed or erected before the effective date of the Ordinance standards that cause it to be noncomplying.

Nonconforming Use: A use of land, building or structure that does not meet one (1) or more of the standards of this Ordinance, but was lawfully established before the effective date of the Ordinance provisions that cause it to be noncomplying.

Noncontributing Resource: For purposes of the Village Review Overlay District, a building, structure, or object that does not add to the historic sense of time and place or historic development; or one where the location, design, setting, materials, workmanship, or association have been so altered or have so deteriorated that the overall integrity has been irretrievably lost.

Non-native Invasive Species of Vegetation: For SPO District purposes, that species of vegetation listed by the Maine Department of Agriculture, Conservation and Forestry as being invasive in Maine ecosystems and not native to Maine ecosystems.

Normal High-Water Line (non-tidal waters): That line, which is apparent from visible markings, changes in the character of soils due to prolonged action of the water, or changes in vegetation that distinguishes predominantly aquatic land from predominantly terrestrial land. Areas contiguous with rivers that support non-forested wetland vegetation and hydric soils and are at the same or lower elevation as the water level of the river or stream during the period of normal high-water, are considered part of the river or stream.

North American Vertical Datum (NAVD): The national datum whose standard was established in 1988, which is the new vertical datum used by the National Flood Insurance Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based upon the vertical data used by other North American countries such as Canada and Mexico and was established to replace the NGVD because of constant movement of the earth's crust, glacial rebound and subsidence, and the increasing use of satellite technology.

Nursing Home: A facility for individuals needing 24-hour skilled nursing care who can no longer live independently.

Office: A space used to conduct the administrative affairs of an organization, including but not limited to spaces for academic or administrative staff of a post-secondary school, or for a member of a recognized medical or non-medical profession, or for commercial vocational education that is not a college, or a facility for purposes of preparing or presenting, or broadcasting materials on radio, television, or cable television or similar communications media, or the recording or production of films or video material. Includes uses such as, but not limited to business office, college office, professional office, and media studio.

Outdoor Sales, Temporary: A temporary outdoor activity located on private property and which may be operating from a portable facility, involved with the selling of products.

Parking Facility (as an accessory use): A parking lot or garage that is used for the parking of vehicles of occupants, customers, patrons, employees or visitors of a building, structure or use located on the same parcel.

Parking Facility (as a principal use): A parking lot or garage that is used for the parking of vehicles of occupants, customers, patrons, employees or visitors of a building, structure or use located on a different parcel.

Parking Facility for Public Boat Launch (as a principal use): A parking lot or garage that is used for the parking of vehicles of occupants, customers, patrons, employees or visitors of a public boat launch facility on a lot within 1,000 feet from the subject lot containing the boat launch facility.

Permanent Clearing: For the purposes of the WPO District, the removal of 40 percent or more of the volume of trees, or the creation of a cleared opening in the forest canopy that is greater than 250 square feet as measured from the outer limits of the tree crown, neither of which is allowed to naturally regenerate.

Pesticide: Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

Plan, Final: The final drawings on which the applicant's subdivision or site plan is presented to the Review Authority for approval and which, if approved, may be recorded at the Cumberland County Registry of Deeds.

Plan, Sketch: Conceptual maps, renderings and supportive data describing the project proposed by the applicant for initial review by the Review Authority.

Plant Nursery: Any land or structure used primarily to raise trees, shrubs, flowers, and other plants for sale or for transplanting, including greenhouses, and including accessory sales of those plants to the public.

Primary Road: Bath Road, Bunganuc Road from Casco Road to Freeport Line, Church Road, Durham Road, Maine Street, Mill Street, Old Bath Road, Pleasant Hill Road, Pleasant Street, River Road, Route 1, Route 24, and Route 123.

Principal Façade: The architectural front of a building, often distinguished from the other faces by the use of better materials and greater elaboration of architectural or ornamental details; usually facing a street, but occasionally facing a courtyard or parking area.

Principal Structure: A structure that houses the principal use of the lot.

Principal Use: The primary purpose for which land or structures are used.

Qualified Professional: An individual either licensed by the State of Maine or qualified in another manner to perform the specified work in accordance with all applicable design standards and codes, and whose qualifications indicate the work, as designed and as performed, will not increase flood risk to public safety. If the Qualified Professional is not licensed by the State of Maine, the local permitting authority shall request the qualified professional identify their qualifications in writing.

Recreation, Active: Leisure activities usually performed with others, often requiring equipment and taking place at prescribed places, sites, or fields. The term "active recreation" includes but is not limited to swimming, tennis, and other court games, baseball and other field sports, golf and playground activities.

Recreation Facility: A place designed and equipped for the conduct of sports and/or leisure time activities excluding campgrounds, miniature golf courses, water slides, outdoor amusement centers, spectator sports facilities, racetracks or other similar facilities.

Recreation, Passive: Recreational activities that generally do not require a developed site. This generally includes such non-motorized activities as interpretive programming, hiking, biking, cross-country skiing, picnicking and associated parking.

Recreational Vehicle: A vehicle designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use, and that is built on a single chassis, covers 400 square feet or less in area when measured at the largest horizontal projection, and is designed to be self-propelled or permanently towable by a motor vehicle. For SPO District purposes, in order to be considered as a vehicle and not a structure, the unit must remain with its tires on the ground and must be registered with the Maine Division of Motor Vehicles.

Recycling Collection Facility: A lot or parcel of land, with or without buildings, upon which used and recoverable materials such as newspapers, glassware, plastics, and metal cans are separated and temporarily stored before they are sent to a processing facility, but where no processing of those items occurs.

Regulatory Floodway:

(1)

The channel of a river or other water course and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height; and

(2)

When not designated on the community's Flood Insurance Rate Map, it is considered to be the channel of a river or other water course and the adjacent land areas to a distance of one-half the width of the floodplain, as measured from the normal high-water mark to the upland limit of the floodplain.

Religious Institution: A building or site used for religious worship, religious retreat, or religious education.

Renewable Energy Generating Facility: A facility for generating electrical energy from wind, solar, or geothermal means.

Residence Hall: A facility owned by a school or other institution to house its students.

Residential Storage: A use in which personal materials, goods, or equipment are stored on the owner's private property. This use is permitted in all locations that single or two-family homes are permitted without the need for a principal structure on the lot. Materials stored for compensation or in connection with an approved commercial use are excluded from this definition and would be considered "Warehousing and Storage".

Restaurant or Dining Facility: An establishment or facility having as its predominant use the on-premises consumption of food and beverages, including an institutional or college dining facility.

Retail, Class I: A business whose principal use is the retail sale of consumer goods, having less than 5,000 square feet of gross floor area.

Retail, Class II: A business whose principal use is the retail sale of consumer goods, having 5,000 square feet or more of gross floor area.

Review Authority: The individual or official town body as identified within Subsection 5.2.1 as having the responsibility and authority to review and approve or deny applications.

Right-of-Way: A strip of specifically described land encompassing an existing or future public or private path, street or road.

River: A free-flowing body of water, including its associated flood plain and wetlands, from that point at which it provides drainage for a watershed of 25 square miles to its mouth.

Riverine: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Salt Marsh: An area of coastal wetlands that supports salt-tolerant species, and where at average high tide during the growing season, the soil is irregularly inundated by tidal waters.

Salt Meadow: An area of a coastal wetland that supports salt tolerant plant species bordering the landward side of salt marshes or open coastal water, where the soil is saturated during the growing season, but which is rarely inundated by tidal water.

Sapling: For SPO District purposes, a tree species that is less than two (2) inches in diameter at four and one-half (4.5) feet above ground level.

Scale: Factors that determine the intensity of a use including, but not limited to: the size of buildings, the number of employees, residents, or customers, and the size and number of vehicles servicing the use.

Scarify: The disturbance of the forest floor in a controlled way, such as the removing or rearranging of the existing leaf layer or by mixing the existing leaf layer in with and exposing the mineral soil below.

School: An institution with facilities used for the offering of courses, lectures, training seminars, performing arts instruction or other similar use, including, but not limited to, public or private nursery, kindergarten, elementary, middle, secondary education, trade schools, and accessory structures and uses necessary to support those activities, including day care facilities, athletic facilities and playgrounds, but not including facilities for post-secondary education.

Screening: The use of landscaping, fencing, or site design techniques to minimize the view of a structure or use from a public road, public place, or adjacent property.

Seasonal Storage: For the purpose of outdoor storage of watercraft, shall mean the storage of watercraft for a time period not to exceed nine (9) consecutive months.

Secondary Road: Any road not listed in the definition of "primary road."

Secretary of the Interior's Standards: The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (U.S. National Park Service, 1995), as amended. These are national standards to guide work undertaken on historic properties and are intended to assist in the long-term preservation of historic structures and features.

Seedling: For SPO District purposes, a young tree species that is less than four and one-half (4.5) feet in height above ground level.

Service Business, Class 1: A business under 2,000 square feet in gross floor area where the principal use is the providing of personal services, including but not limited to: barber shops, beauty salons, shoe repair shops, tailors, mail services, and laundries.

Service Business, Class 2: A business 2,000 square feet in gross floor area or greater where the principal use is the provision of personal services, including but not limited to: barber shops, beauty salons, shoe repair shops, tailors, mail services, and laundries.

Setback—In Non-SPO District: The minimum horizontal distance between the front, side or rear lot line and the nearest point of the building, including decks or any covered projections thereof, on the lot.

Setback—In SPO District: In the SPO District, the nearest horizontal distance from the normal high-water line of a water body or tributary stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space, or other regulated object or area.

Shore Frontage: For SPO District purposes, the length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.

Shoreland Area: The Shoreland Protection Overlay (SPO) District.

Shoreline: The normal high-water line of, or upland edge of, a freshwater or coastal wetland.

Sign: Any object, device, or structure, or part thereof, situated outdoors or displayed in a window, freestanding or attached to a structure or registered motor vehicle, that displays a commercial or non-commercial message by means of words, letters, figures, design, symbol, advertising flags, fixtures, colors, illuminations, or projected images.

Sign Face: The portion of a sign that includes words, letters, figures, designs and background.

Sign, Animation: The usage of multiple frames running at a fast enough speed that the human eye perceives the content to be in continuous movement.

Sign, Awning: A covering that is, or appears to be, made of cloth, vinyl or canvas and is either permanently attached to a building or can be raised or retracted or fixed to a position against the building when not in use.

Sign, Banner: A sign displayed on flexible lightweight material, enclosed or not enclosed in a rigid frame, extending from one (1) side of the street to the other.

Sign, Campus-Type: Signs as permitted on large parcels of land developed in a campus-type environment with multiple buildings, including but not limited to medical centers, mill complexes, business parks, or public or private educational facilities.

Sign, Canopy: A sign that is part of, or attached to a structural protective cover over a drive thru or outdoor service area (not including an awning sign).

Sign, Changeable Display: A sign that utilizes computer generated displays or some other electronic means of changing copy. These signs include displays using LEDs, LCDs, or incandescent lamps.

Sign, Dissolve/Fade: A mode of message transition on an electronic sign accomplished by varying the light intensity or pattern, where the first display gradually reduces intensity or appears to dissipate to the point of not being legible and the subsequent display gradually appears or increases intensity to the point of legibility.

Sign, Distracting Glare: A sign with an illumination source which shines with sufficient brightness to cause discomfort, distract attention, or lead to the reduction or loss of visibility or visual function of the public, as determined by the Code Enforcement Officer.

Sign, Easel: A free-standing, moveable sign, usually shaped like a painter's easel stand, used onsite.

Sign, Freestanding/Yard: Any permanent or temporary sign placed on the ground or attached to a supporting structure, posts, or poles, that is not attached to any building.

Sign, Illuminated Directly: A sign illuminated by a light source that is outside of the sign.

Sign, Illuminated, Flashing: A sign in which the light source, in whole or in part, physically changes in light intensity or gives the appearance of such change at less than a five (5) second time interval. Time and temperature signs emanating white light are excluded from this definition.

Sign, Illuminated Internally: A sign illuminated by a light source that is within the sign.

Sign, Illuminated, Tube: A sign illuminated by a light source supplied by a tube that is not concealed and is filled with gasses, forming letters, symbols or other shapes.

Sign, Monument: A sign mounted directly on the ground.

Sign, Moving: A sign which in part or in total rotates, revolves or otherwise is in motion.

Sign, Multi-Tenant: A sign for a grouping of two (2) or more establishments that either share common parking on the lot where located or occupy a single structure or separate structures that are physically or functionally related or attached.

Sign, Multiple-Driveway: A sign at the entrance or exit of a premise that has two (2) or more driveways.

Sign, Official Business Directional: An off-premise sign erected and maintained by the Maine Department of Transportation in accordance with the Maine Traveler Informational Services Act, 23 M.R.S.A. § 1901-1925, as amended, and this Ordinance.

Sign, Off-Premise: A sign that identifies an establishment or their products, services, or activities not sold, distributed, or carried out on the premises.

Sign, Pole: A sign attached to a pole or poles erected directly into the ground.

Sign, Political: A temporary sign bearing messages relating to an election or referendum.

Sign, Portable: A sign designed for and intended to be moved from place to place, on wheels or legs, and not permanently affixed to land, buildings, or other structures. Portable signs shall include portable reader boards and other similar signs.

Sign, Projecting: A sign attached to a wall at a right angle.

Sign, Roll: A mode of message transition on a Changeable Display Sign wherever the message appears to move horizontally across the display surface.

Sign, Roof: A sign mounted to the roof of a building or wall mounted signs projecting above the roof line. Signs mounted on the face of a mansard roof are not considered roof signs, but as wall signs.

Sign, Sandwich: A freestanding sign which is ordinarily in the shape of an "A" or some variation thereof, readily moveable, and is not permanent attached to the ground or any structure.

Sign, Scroll: A mode of display transition on a Changeable Display Sign where the display appears to move vertically across the display surface.

Sign, Temporary: A portable sign or any sign not permanently embedded in the ground or affixed to a building or permanent sign structure.

Sign, Temporary Flag: A temporary sign made of fabric or other similar non-rigid material supported or anchored along one edge or supported or anchored at only two (2) corners, If any dimension of the flag is more than three (3) times as long as any other dimension, it is classified and regulated as a wind/feather sign, regardless of how it is anchored or supported.

Sign, Temporary Wind or Feather: A temporary sign that is not considered a flag sign as defined, constructed of cloth, canvas, plastic fabric or similar lightweight, non-rigid material and is supported by a single vertical pole mounted on a structure or in the ground.

Sign, Transition: A visual effect used on a Changeable Display Sign to change from one message to another.

Sign, Video: A Changeable Display Sign that displays motion or pictorial imagery, including a display from a "live" source.

Sign, Wall: A sign applied, painted, or affixed flush to the exterior of a structure.

Site Feature: An element of site design other than the characteristics of the lot itself, the uses on the lot, the structures on the lot, or signs on the lot, such as landscaping, or lighting fixtures.

Small Wind Energy System (SWES): A wind-driven machine that converts wind energy into electrical power for the primary purpose of on-site use and not for public resale.

Solid Waste: Unwanted or discarded material with insufficient liquid content to be free flowing including, but not limited to, rubbish, garbage, scrap, junk, refuse, inert fill, and landscape refuse, excluding septic tank sludge and agricultural and aquaculture waste.

Start of Construction:

(1)

For purposes of the FPO District, the date the flood hazard development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, or other improvement was within 180 days of the permit date. The actual start of construction means either: the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(2)

For purposes other than floodplain management, start of construction shall include demolition, excavation, filling, grading, clearing of vegetation, and construction of buildings or structures. Activities noted in Subsection 5.2.9.F(2)b are exempt from this definition.

Storm-Damaged Tree: For SPO District purposes, a tree that has been uprooted, blown down, is lying on the ground, or that remains standing and is damaged beyond the point of recovery as the result of a storm event.

Stream: For purposes of the Stream Protection Sub-district (SPO-SP) within the Shoreland Protection Overlay (SPO) District, a stream shall include a channel between defined banks. A channel is created by the action of surface water and has two (2) or more of the following characteristics.

(A)

It contains or is known to contain flowing water continuously for a period of at least six (6) months of the year under normal seasonal rainfall conditions.

(B)

The channel bed is primarily composed of mineral material such as sand, scoured silt, gravel, clay, or other parent material that has been deposited or scoured by water.

(C)

The channel contains aquatic animals such as fish, aquatic insects, or mollusks in the water or, if no surface water is present, within the stream bed.

(D)

The channel contains aquatic vegetation and is essentially devoid of upland vegetation. Bordering freshwater wetlands that are not separated from the stream channel by a distinct change in elevation (such as hillside groundwater seeps) or barrier, and wetlands that are subject to periodic flooding or soil saturation as a result of high stream flows are considered part of the stream. Where these wetlands are present, the normal high water line of the stream is measured from the upland/wetland transition of bordering wetlands subject to periodic stream water flooding or saturation, or where changes in wetland vegetation, soil characteristics, or topography clearly demonstrate wetland hydrology not associated with periodic flood flows. Natural and artificial impoundments at the source and along the course of the stream are considered to be part of the stream.

A stream does not mean a ditch or other drainageway constructed, or constructed and maintained, solely for the purpose of draining storm water or a grassy swale.

Within the Rural Protection Stormwater Management Overlay (RPSMO) District, the edge of the stream is at the bank-full stage of the upper-level high water flows. The bank-full stage shall be identified at the break in slope of the stream bank at which water starts to flow over the depositional surface of the floodplain.

This definition is based on physical characteristics that require field verification.

Street, Private: A street privately owned and maintained that is used as the principal means of access to three (3) or more dwelling units.

Street, Proposed Public: A street under design or construction intended to be offered as a public street.

Street, Public: A public way accepted by the Town of Brunswick.

Street, within SPO: 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, excluding a "driveway" as defined in SPO.

Streetscape: The visual elements of a street including a street, adjoining buildings, street furniture, trees, fences, and open spaces that combine to form the street's character.

Structure: An object built, constructed or erected for the support, shelter, or enclosure of persons, animals, goods, or property of any kind, together with any other object constructed or erected temporarily or permanently on or in the ground. This definition does not apply to customary lawn accessories such as fences, mailboxes, benches, and other such items as determined by the Code Enforcement Officer. For floodplain management purposes, a structure also means a walled and roofed building or a gas or liquid storage tank that is principally above ground.

Structure, Increase in Nonconformity: For SPO District purposes, any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity such as, but not limited to, reduction in water body or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies or wetlands if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally provided that the expansion extends no closer to the water body or wetland than the closest portion of the existing structure from that water body or wetland. Included in the allowance are expansions which in-fill irregularly shaped structures.

Studio: A workshop of an artist, writer, photographer, dancer, musician, yoga practitioner, or similar craftsperson or performer, including spaces where members of the public can come to receive instruction on a more than incidental basis or to sit for portraits.

Subdivision: The division of a tract or parcel of land as defined in 30-A M.R.S.A. § 4401(4), as amended.

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

Substantial Improvement: For purposes of the floodplain management regulations for the FPO District, any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

a.

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

b.

Any alteration of a Historic Structure, provided that the alteration will not preclude the structure's continued designation as a historic structure, and a variance is obtained from the Board of Appeals.

Subsurface Wastewater Disposal System: Any system designed to dispose of waste or wastewater on or beneath the surface of the earth—including, but not limited to: septic tanks, disposal fields, grandfathered cesspools, holding tanks, pretreatment filters, piping, or any other fixture, mechanism, or apparatus used for those purposes. It does not include any discharge system licensed under 38 M.R.S.A. § 414, as amended, any surface wastewater disposal system, or any municipal or quasimunicipal sewer or wastewater treatment system.

Telecommunications Tower: Any tower taller than 120 feet that transmits and/or receives signals by electromagnetic or optical means using antennas, microwave dishes, horns, or similar types of equipment.

Telecommunication Tower, Small-scale: A free-standing structure with a maximum height of 120 feet that is designed, constructed, or used primarily for the purposes of supporting one (1) or more antennas, including self-supporting lattice towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and similar structures.

Telecommuting: An arrangement, in which a resident works from home rather than the primary place of employment, communicates with the workplace and conducts work by electronic means.

Temporary Use: A use of land or building occurring occasionally and for a limited period of time, and that may occur repeatedly during a calendar year, but that does not occur regularly on a weekly, monthly, or quarterly schedule.

Theater: A facility for the viewing of movies or live presentations of musicians or other performing artists, but not including any Adult Entertainment Establishment.

Tidal Waters: All waters affected by tidal action during the highest annual tide.

Timber Harvesting: The cutting and removal of wood products from their growing site and the attendant operation of cutting and skidding machinery, but not the construction or creation of roads or the clearing of land approved for construction. For SPO District purposes, timber harvesting does not include the cutting or removal of vegetation within the SPO District when associated with any other land use activity. The cutting or removal of trees in the SPO on a lot that has two (2) acres within the SPO shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to Section 2.3.3.C.11., Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.

Trail, Multiple Use Non-motorized, Category 1: For SPO District purposes, a public trail or a private trail open to the public, with a tread path no more than 12 feet in width and an overall width, including trail side-slopes, of 20 feet or less, established for walking, hiking, non-motorized biking, snowshoeing, or cross-country skiing,

Trail, Multiple Use Non-motorized, Category 2: For SPO District purposes, a public trail, or a private trail open to the public, with a tread path no more than five (5) feet in width and an overall clearance of seven (7) feet wide, established for walking, hiking, non-motorized biking, snowshoeing, or crosscountry skiing.

Trail, Primitive: For SPO District purposes, a public or private path or trail, with a tread path no more than three feet in width and an overall clearance of four feet in width, established for walking, hiking, non-motorized biking purposes, snowshoeing, or cross-country skiing.

Trail, Recreational: For SPO District purposes, a thoroughfare or way across land or snow, used primarily for recreational purposes including, but not limited to: bicycling, Nordic (cross-country) skiing, day hiking, jogging or similar fitness activities, trail biking, overnight and long-distance backpacking, roller skating, in-line skating, dog sledding, running, and canoe and kayak portaging. A recreation trail is not a structure.

Trail Spur: For SPO District Purposes, a pathway extending toward the shoreline from a primary non-motorized trail.

Tree: For SPO District purposes, a woody perennial plant with a defined trunk(s) at least two (2) inches in diameter at four and one-half (4.5) feet above ground, with a more or less definite crown, and reaching a height of at least ten (10) feet at maturity.

Tributary Stream: For purposes of the Shoreland Protection Overlays (SPO), a channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.

This definition does not include the term "stream" as defined elsewhere in this Ordinance, and only applies to that portion of the tributary stream located within the SPO of the receiving water body or wetland.

Ultra-light Air Park: An ultra-light air park is a tract of land or water that is maintained for the landing and take-off of ultra-light aircraft as defined by the Federal Aviation Regulation (FAR) Part 103. An ultra-light airpark shall not be used for commercial purposes, shall not provide storage for more than five gallons of ultra-light fuel, and shall not be used for flight operations unless daylight and visual frame of reference (VFR) conditions (1,000-foot ceiling and three-mile visibility) are present.

Upland Edge of a Wetland: The boundary between a wetland and upland. For coastal wetlands, this boundary is the line formed by the landward limits of the salt tolerant vegetation and/or the highest annual tide level, including all areas affected by tidal action. For freshwater wetlands, the upland edge is the line formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six (6) meters (approximately 20 feet) tall or taller.

Urban Agriculture: The raising, keeping or production of fruit, vegetable, flower, and other crops, or farm animals, poultry and bees as a primary (not accessory) use of land outside the rural areas of [the town], in accordance with Chapter 4 (Animals) of the Brunswick Code of Ordinances, as amended.

Use, Accessory: A use customarily incidental and subordinate to the principal use of a lot or building thereon and located on the same lot as the principal use or building. The principal use shall not become subordinate to accessory uses, when aggregated.

Use, Conditional: A use of land or structures that is listed in Table 3.2 or 3.3 as a Conditional Use, that must comply with any Supplemental Use Standards applicable to that use, and that is available only after obtaining a Conditional Use Permit pursuant to Subsection 5.2.2.

Use, Permitted: A use of land or structures that is listed in Table 3.2 or 3.3 as a Permitted Use, that must comply with any Supplemental Use Standards applicable to that use, and that may be approved by the Code Enforcement Officer if no additional approvals are required by this Ordinance.

Utility Facility, Major: Facilities necessary to the production or supply of the electric, natural gas, water, cable television, telephone, telecommunications, or sewer services, or similar services, of a scale and character commonly found only in one or a few specialized locations in the Town, including but not limited to water treatment plants, sewer treatment plants, and electric power generating facilities, biomass facilities, and substations, but excluding Telecommunication Towers, Small-scale Telecommunications Towers, Renewable Energy Generating Facilities, offices for the conduct of utility business and operations, and Minor Utility Facilities.

Utility Facility, Minor: An installation used by a public utility to supply and distribute electric, natural gas, water, cable television, telephone, telecommunications, sewer, stormwater management, or similar services that need to be near the property to which the service is provided, including the poles, pipes, wires, transmitters, culverts, and service boxes necessary to provide those or similar services, of a scale and character commonly found in developed portions of the Town, but excluding Telecommunications Towers, Small-scale Telecommunications Towers, Renewable Energy Generating Facilities, offices for the conduct of utility business and operations, and Major Utility Facilities.

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

Veterinary Office: A professional office for the practice of veterinary medicine and at which related services such as pet boarding and grooming may be offered.

Warehousing and Storage: A use in which materials, goods, or equipment are stored for compensation or in connection with an approved use.

Water Body: Any great pond, river, or stream.

Water Crossing: Any project extending from a bank to the opposite bank of a river, stream, or wetland, whether under, through, or over the water or wetland. Such projects include, but may not be limited to, roads, fords, bridges, culverts, water lines, sewer lines, and cables, as well as maintenance on these crossings.

Watercraft: Any type of vessel, boat, canoe, kayak or craft capable of being used as a means of transportation on water, other than a seaplane, including motors, electric and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft.

Wetland: An area, of any size, that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetland boundaries are delineated using the methods described in the 1987 Corps of Engineers Wetlands Delineation Manual, and the 2011 Regional Supplement to the Corps of Engineers Wetland Delineation Manual, as amended in January 2012.

Wetland, Coastal: All tidal and subtidal lands; all land with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat, or other contiguous lowland that is subject to tidal action during the highest annual tide level for the year in which an activity is proposed, as identified in tide tables published by the National Ocean Service.

Wetland, Forested: A freshwater wetland dominated by woody vegetation that is six (6) meters tall (approximated 20 feet) or taller.

Wetland, Freshwater: A freshwater swamp, marsh, bog, or similar area other than a forested wetland which is:

(1)

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

(2)

Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and that under normal circumstances does 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.

Wildlife Corridors: The overland connections between Wildlife Habitat Blocks that provide naturally vegetated linkages supporting daily and seasonal species movement between Wildlife Habitat Blocks.

Wildlife Habitat Blocks: The rural portions of large (greater than 150 acres) continuous blocks of naturally occurring stands dominated by woody vegetation.

Woody Vegetation: Live trees or woody, non-herbaceous shrubs.

(Ord. of 6-3-24; Ord. of 10-21-24; Ord. of 10-21-24; Ord. of 7-7-25; Ord. of 12-15-25)