Bucksport City Zoning Code
ARTICLE I
General Provisions
§ 100-1 Purpose.
The purpose of this chapter is to support the land development and natural resource management goals of the Town's adopted Comprehensive Plan, the State's Growth Management Program and Coastal Management Policies, and the State's Mandatory Shoreland Zoning Act.[1] When effectively administered, this chapter shall:
Protect the rural character of the Town and prevent overdevelopment;
Allow orderly growth and development of areas that may efficiently utilize public services and facilities;
Encourage an overall improved economic climate with increased job opportunities and affordable, quality housing;
Address the impacts of development in shoreland areas and protect and preserve the Town's critical and unique natural resources, including:
Great ponds, rivers, streams, estuaries and coastal areas;
Freshwater and coastal wetlands;
Fish spawning grounds, aquatic life, bird and other wildlife habitat;
Shore cover and visual as well as actual points of access to inland and coastal waters; and
Scenic vistas, natural beauty, open spaces and other unique natural areas.
Protect agriculture and forest resources from the threats of incompatible development;
Prevent and control water pollution;
Protect private and public water supplies;
Protect the ports and harbors from the threat of development that is incompatible with commercial fishing and maritime industries;
Protect archaeological and historical resources;
Control building sites and the placement of structures;
Protect buildings and lands from flooding and accelerated erosion;
Protect municipal services from the impact of development;
Protect abutting properties from the impact of development;
Protect the public health, safety and welfare; and
Further the maintenance of safe and healthful conditions.
[1]
Editor's Note: See 38 M.R.S.A. § 347-A et seq.
§ 100-2 Authority.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This chapter is adopted in accordance with the provisions of 30-A M.R.S.A. § 3001 et seq., 30-A M.R.S.A. § 4312 et seq. and 38 M.R.S.A. §§ 435 to 448.
§ 100-3 Applicability.
This chapter applies to the use of all land areas within the boundaries of the Town of Bucksport. No land may be occupied with any land use, except in conformance with the applicable requirements of this chapter.
This chapter applies to the construction, alteration, enlargement, relocation, replacement or use of all buildings and structures within the boundaries of the Town of Bucksport. No such construction, change or use of any building or structure may be conducted except in conformance with the applicable requirements of this chapter.
This chapter applies to the creation of any lot. No new lot may be created, except in conformance with the applicable requirements of this chapter.
§ 100-4 Severability; conflict with other provisions.
If a court finds any provision of this chapter to be invalid, the court's decision may not invalidate any other provision of this chapter.
If any provision of this chapter conflicts with another provision of this chapter or any other ordinance, regulation or statute, the more restrictive provision governs.
§ 100-5 Adoption and amendment; repealer; applicability; when effective.
This chapter, adopted on December 10, 2009, is effective 30 days after the date of adoption by the Bucksport Town Council, except as provided for in § 100-5B. Upon the effective date of this chapter, the Land Use and Site Plan Ordinance and the Shoreland Zoning Ordinance in effect at that time shall be repealed and replaced by this chapter.
Any provision of this chapter or amendment thereto that is applicable within a shoreland district is subject to approval by the Commissioner of the Department of Environmental Protection. If the Commissioner fails to issue written approval or disapproval within 45 days of receipt of this chapter, it is deemed automatically approved. Any ordinance subject to approval by the Commissioner may not become effective until such time approval has been determined.
A certified copy of the ordinance, as amended, attested and signed by the Town Clerk, must be forwarded to the Commissioner for approval upon adoption by the Town Council.
Any application for which at least one substantive review has been conducted by the reviewing authority prior to the date on which this chapter or any amendment thereto is approved shall be considered a pending application and shall be subject to the requirements of the ordinance in effect at the time the application was submitted. "Substantive review" means a review conducted in accordance with the requirements of § 100-26D or 100-28H, as applicable.
In addition to the right to propose any ordinance directly to the Town Council as outlined in the Bucksport Town Council-Manager Charter, Article 9, residents of the Town of Bucksport may also submit a proposed amendment of this chapter to the Planning Board for the purposes of seeking the Board's support and recommendations for adoption by the Town Council. The procedure for making such a proposal is described as follows:
The proposed amendment must be submitted to the Code Enforcement Officer, who shall ensure that the item is placed on the first available Planning Board agenda.
The Planning Board shall review the proposed amendment and consider recommending the amendment to the Town Council. The Board may also consider recommending an alternate version of the proposed amendment. The Board shall consult with DEP prior to deciding on a recommendation if the proposed amendment involves a shoreland regulation.
A decision to recommend an amendment of this chapter to the Town Council must be supported with a favorable vote of no less than four members. Upon making a favorable decision, the Planning Board shall submit its amendment recommendations to the Town Manager, who shall ensure that the item is placed on the first available Town Council agenda.
Any proposed amendment submitted to the Town Council shall be referred to the Ordinance Committee for its review and recommendation.
Before the Ordinance Committee may introduce any proposed amendment of this chapter to the Town Council, the Planning Board must conduct a public hearing in accordance with the requirements of 30-A M.R.S.A. § 4352. Upon conclusion of the public hearing, the Board shall forward its recommendations regarding adoption of the proposed amendment to the Town Council.
§ 100-6 Definitions and word usage.
All words used in this chapter, other than those specifically defined in this section, have their common meaning.
In the case of any difference of meaning or intent between the text of this chapter and any map, illustration or table, the text controls.
The words "shall," "must" and "will" mean an action or duty is mandatory. The word "may" means an action or duty is permissive. The phrase "may not" means an action is prohibited.[1]
Some land use definitions include examples of similar land uses, but the examples given are not intended to be all-inclusive.
In this chapter, terms and phrases are defined as follows:
The owner of land that shares a common boundary or portion of a boundary with land under another ownership.
A self-contained dwelling unit on a lot subordinate to a single-family dwelling (for purposes of this definition, the principal dwelling) on the same lot. ADUs are secondary in size, form and location to the single-family dwelling and may be attached, detached or contained within an accessory building (e.g., garage) on the lot.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A structure that is separate from and incidental and subordinate to the principal structure on the property.
A use of a structure or property that is incidental and subordinate to the principal use of the structure or property.
Plays, performances, shows, films, or any other type of presentation that focuses on or promotes sexually oriented subject matter or the display of nudity for the purposes of entertainment.
A type of assisted living housing where six or fewer people who meet medical eligibility requirements live in a homelike setting and receive personal care, medication management and supervision.
When used for the purpose of claiming the affordable housing density bonus, "affordable" means:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
For rental housing, a household whose income does not exceed 80% of the area median income can afford to rent the dwelling unit without spending more than 30% of the household's monthly income on housing costs.
For owned housing, a household whose income does not exceed 120% of the area median income can afford to own the dwelling unit without spending more than 30% of the household's monthly income on housing costs.
For the purposes of this definition, "area median income" means the midpoint of a region's income distribution calculated on an annual basis by the U.S. Department of Housing and Urban Development.
For the purposes of this definition, "housing costs" include, but are not limited to:
For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and
For an owned unit, the cost of the mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowners' insurance, condominium fees, and homeowners' association fees.
A place of business that involves the raising of plants or animals used in the production of various consumer products. Business activities typically include soil cultivation, crop or livestock management, and the activities of processing and marketing. Commercial agriculture also includes the breeding and raising of animals for sale. Manure from livestock on the premises may be processed and sold for compost.
A property utilized for the production of products from plants or animals primarily for consumption or use by the occupants. Production activities typically include soil cultivation, crop or livestock management and the activities of processing. A seasonal roadside stand may be included to sell or offer excess product to the public. Manure from livestock on the premises may be processed and sold for compost.
Agriculture does not include forest management and timber harvesting activities.
A place of business that offers nontraditional health care services such as acupuncture, aromatherapy, homeopathy, herbology, holistic and massage therapy practices.
A place of business that offers medical support services outside a hospital or clinical setting.
Hearing and speech service |
Magnetic resonance imaging (MRI) service |
Medical laboratory |
Optician |
Occupational therapist |
Orthotics and prosthetics |
Private ambulance service |
Controlled breeding, management, and production of domestic animals, including, but not limited to, sheep, cows, horses, pigs, poultry, and rabbits.
A public facility or a place of business that offers temporary housing of stray or abandoned animals.
Animal shelter |
A device designed for telephonic, radio, or television communication through the transmission of electromagnetic waves. Telecommunication towers are not considered to be antennas for the purposes of this chapter.
Satellite dish |
A person applying for a permit who demonstrates legal standing as property owner or authorized agent by means of deed, purchase and sale agreement, written consent or the like.
The growing or propagation of harvestable freshwater, estuarine or marine plant or animal species.
A place of business that offers table sports, pinball machines, video games or similar mechanical or electronic games for the amusement or recreation of the public.
A place of business where items of merchandise are displayed and sold by bid.
A person representing an applicant during review of their application with their written consent.
A person applying for and receiving a permit on behalf of a property owner with their written consent.
A tenant or lessee applying for and receiving a permit in their own behalf with written consent of the property owner.
A yard, field or other outdoor area used to store three or more unregistered or uninspected motor vehicles, as defined in 29-A M.R.S.A. § 101, Subdivision 42, or parts of the vehicles. Automobile graveyard does not include:
An area used for temporary storage by an establishment or place of business that is primarily engaged in doing auto body repair work to make repairs to render a motor vehicle serviceable. In order for a vehicle's storage to be considered temporary, it must be removed from the site within 180 calendar days of receipt;
An area used by an automobile hobbyist to store, organize, restore or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in 29-A M.R.S.A. § 101. The hobbyist's activities must comply with all applicable federal and state statutes and rules and municipal ordinances, other than ordinances that are more restrictive than this chapter regarding the storage of vehicles or vehicle parts that are collected by a hobbyist. An "automobile hobbyist" is a person who is not primarily engaged in the business of selling any of the above vehicle or parts from those vehicles;
An area used for the parking or storage of vehicles, vehicle parts or equipment intended for use by a municipality, quasi-municipal entity or state or federal agency;
An area used for the storage of operational farm tractors and related farm equipment, log skidders, logging tractors or other vehicles exempted from registration under 29-A M.R.S.A. Ch. 5;
An area used for the parking or storage of vehicles or equipment being offered for sale by a dealer, equipment dealer, trailer dealer or vehicle auction business as defined in 29-A M.R.S.A. § 851;
An area used for the storage of vehicles by an establishment or place of business that is primarily engaged in business as a new vehicle dealer as defined in 29-A M.R.S.A. § 851;
An area used for temporary storage of vehicles by an establishment or place of business that is primarily engaged in business as an insurance salvage pool. In order for a vehicle's storage to be considered temporary under this subsection, the vehicle must be removed from the site within 180 days of receipt of title by the business; or
An area used for the parking or storage of operational commercial motor vehicles, special equipment or special mobile equipment as defined in 29-A M.R.S.A. § 101 that is temporarily out of service but is expected to be used by the vehicle or equipment owner or by an operator designated by the owner. An area used for the parking or storage of equipment or vehicles that are not operational while stored or parked in the area is not exempt.
The business premises of a dealer or a recycler licensed under 29-A M.R.S.A. §§ 851 to 1112 who purchases or acquires salvage vehicles for the purpose of reselling the vehicles or component parts of the vehicles or rebuilding or repairing salvage vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles, as long as 80% of the business premises specified in the site plan is used for automobile recycling operations. Automobile recycling facility does not include:
Financial institutions as defined in 9-B M.R.S.A. § 131, 17 M.R.S.A. and 17-A M.R.S.A.;
Insurance companies licensed to do business in the state;
New vehicle dealers, as defined in 29-A M.R.S.A. § 851, licensed to do business in the state; or
That portion of the business premises that is used for temporary storage of vehicles by an establishment or place of business that is primarily engaged in business as an insurance salvage pool. In order for a vehicle's storage to be considered to be temporary under this subsection, the vehicle must be removed from the site within 180 days of receipt of title by the business.
See "vehicle services, Class 2."
The area of the cross-section of a tree stem, including bark, as measured at 4 1/2 feet above ground level.
The average of the basal area of trees remaining on a harvested site.
The maximum number of units allowed on a lot not used for affordable housing based on the dimensional requirements listed for the zone(s) in which the lot is located. This does not include any other density bonuses, transferable development rights, or other similar means that could increase the density of lots not used for affordable housing.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any portion of a structure with a floor-to-ceiling height of six feet or more and having more than 50% of its volume below the existing ground level.
See "home-based lodging."
A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area and parking spaces for vehicles and trailers.
See "zero setback shoreline structure."
An area of land with naturally occurring or intentionally installed or constructed features that minimize a detrimental impact of a land use on adjacent properties or on natural resources.
A principal or accessory structure consisting of floor, wall and roof features designed to form one or more sheltered rooms or spaces for use or occupancy. The structure may be prefabricated or constructed on-site.
An industry category land use comprised of one or more permanently installed large-volume storage tanks with secondary containment protection. The tanks are used to store fuel or chemicals awaiting bulk transport from the site. The use also includes structures for loading and unloading of transport vehicles, administrative offices and related site development features.
A detached structure occupied as a sleeping space only. A bunkhouse does not contain internal plumbing.
A place of business where recordkeeping, desk work, clerical or executive functions or similar activities are conducted and which may or may not include direct contact with the public.
Accountant office |
Advertising agency |
Architect/engineer office |
Attorney office |
Collection agency |
Community and charitable service office |
Employment agency |
Governmental office |
Insurance office |
Mortgage finance office |
Payroll service office |
Real estate/appraiser's office |
Travel agent office |
A building consisting of one or more rooms that contain sleeping and living space. A kitchenette may be included. A cabin does not contain bathroom facilities.
A place of business that offers at least two spaces for the traveling or vacationing public or private members to park a recreational vehicle or camper, occupy a cabin or erect a tent for temporary overnight accommodations. Water and sewer service may be provided to each camping site. Bathrooms and recreational activities may be provided in a separate structure.
Summer camp |
A facility licensed to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to sell adult use cannabis to products manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores.
Any business or individual that grows, cultivates, prepares, manufactures, packages, tests, or sells medical cannabis or adult use cannabis.
A facility licensed to purchase adult use cannabis from a cultivation facility or another products manufacturing facility; to manufacture, label and package adult use cannabis and adult use cannabis products; and to sell adult use cannabis and adult use cannabis products to cannabis stores and to other products manufacturing facilities.
A facility licensed to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility; to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers.
A facility licensed to develop, research and test cannabis, cannabis products and other substances.
The more or less continuous cover formed by tree crowns in a wooded area.
A place or ground set apart for the burial of the dead.
The abbreviation used in this chapter for Code Enforcement Officer.
The replacement of a land use with another land use from the same or different land use category, as identified in Article VIII.
See "place of worship."
A place of business that offers medical diagnosis and treatment by a licensed health professional other than a veterinarian.
Audiologist office |
Chiropractor office |
Dentist office |
Optometrist office |
Physician office |
Psychiatrist office |
Psychologist office |
An area within a building that is occupied seasonally or year-round as a business by the building owner or tenant
The use of land, buildings or structures for the purpose of producing income from the buying and selling of goods or services. "Commercial use" does not include rentals of residential dwelling units, except for short-term rentals.
[Amended 4-25-2024]
An industry category land use comprised of structures that transmit or receive electronic signals to convey information by voice, text, video or other electronic methods. The use may include transmission towers, antennas, satellite dishes and related equipment, studios and offices and related site development features.
Television/radio broadcast station |
Wireless communication facility |
An area that includes any lot located within 200 feet of a public sewer service or public water service.
An application which the appropriate reviewing authority has determined to contain all required and requested information, except any information that has been waived or otherwise excluded from review as allowed.
A place of business that offers off-site licensed or skilled services in the building construction industry, including but not limited to the following specific trades:
Acoustical |
Alarm |
Carpenter |
Drywall |
Electrical |
Fencing |
Fire alarm |
Flooring |
Foundation |
General contractor |
HVAC |
Insulation |
Masonry |
Painting/papering |
Paving |
Plumbing |
Pumps |
Roofing |
Sprinkler |
Windows/siding |
A facility in which more than 12 clients receive care, maintenance and supervision by other than their relative or legal guardian for less than 24 hours per day and without an overnight stay.
A facility in which more than three, but not more than 12, clients receive care, maintenance and supervision by other than their relative or legal guardian for less than 24 hours per day and without an overnight stay. The facility is generally located within a dwelling unit.
The abbreviation used in this chapter for the Maine Department of Environmental Protection.
A numerical datum identifying a spatial relationship, including, but not limited to:
Minimum structure setback from water bodies, tributary streams, wetlands, property lines, other structures and rights-of-way (expressed in feet);
Maximum structure height (expressed in feet);
Minimum lot area (expressed in square feet or acres);
Minimum lot street frontage (expressed in feet);
Maximum lot coverage (expressed in percent of total lot area); and
Minimum lot shore frontage (expressed in feet).
Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness.
Any physical or mental condition of a person that constitutes a substantial handicap as determined by a physician or, in the case of mental handicap, by a psychiatrist or psychologist.
Any health or sensory impairment that requires special education, vocational rehabilitation or related services.
See "zero setback shoreline structure."
A building containing living quarters for students. The living quarters are arranged as groups of bedrooms that share a common bathroom. The building may also contain one or more rooms for student social or study activities and a kitchen and dining room for communal dining.
A gravel, paved or otherwise prepared surface providing vehicular access to a property from a public or private road. A driveway for a one- or two-family dwelling includes parking and maneuvering spaces.
An area within a building that is occupied temporarily, seasonally or year-round as a residence by one person who may be an owner, renter or tenant; or by more than one person living as a family, co-owners, co-renters or co-tenants. The area contains cooking, sleeping and living space and bathing and toilet facilities, all for exclusive use by one family at a time. (See also "short-term rental.")
[Amended 4-25-2024]
A structure containing three or more dwelling units and no other use. The structure may be constructed on-site or may be manufactured housing.
A one-family dwelling that is also occupied with a small dwelling unit occupying no more than 30% of the total floor area of the dwelling, with a maximum size of 600 square feet. The dwelling unit may or may not have a separate entrance.
A structure containing one dwelling unit and no other use, except a home-based business as allowed. The structure may be constructed on-site or may be manufactured housing.
A structure containing two dwelling units and no other use, except a home-based business as allowed. The structure may be constructed on-site or may be manufactured housing.
Operations conducted for the public health, safety or general welfare, such as operations necessary to protect natural resources or public or private property from immediate damage, destruction or loss; operations necessary for law enforcement and operations to rescue human beings or animals from the threat of destruction, injury or loss of life.
See "utility transport system," "utility service connection."
The addition of one or more months to a use's operating season or the use of more floor area or footprint, or ground area devoted to a particular use.
An increase in the footprint of a structure, including all extensions, such as, but not limited to, attached decks, garages, porches and greenhouses. A vertical addition to a structure to increase habitable space.
A structure constructed with a lightweight metal or wood frame enclosed with a flexible vinyl, canvas or plastic cover. The structure is typically installed on a gravel pad or the existing ground and is designed to allow disassembly and relocation. The shelter is used as an accessory structure to provide storage, cover for a vehicle or boat, or for use as a greenhouse. (See also "fabric-covered structure.")
An engineered structure that consists of a fabric covering supported either by a frame or pressurized air. The structure is installed on a foundation and is intended for occupancy by a commercial or noncommercial use. (See also "fabric-covered shelter.")
An industry-category land use comprised of manually operated or automated equipment, tools and machinery used to mass-produce a finished product intended for immediate use or consumption, or to mass-produce a component product used in the manufacturing, assembling, constructing, fabricating, formulating, processing or other production of a finished product. An industry-category factory typically runs continuously, producing one or more specific products, but may also include custom orders. The use includes structures, buildings and related site improvements (See also "manufacturing facility," "mill," "refinery.")
One or more persons occupying a dwelling and living as a single housekeeping unit.
The abbreviation used in this chapter for Federal Emergency Management Agency.
An activity involving the intentional removal, depositing, or relocation of soil or mineral material on a property for the purposes of site improvements. (See also "mineral extraction.")
Excavations |
Landscaping |
Retaining walls |
Riprap |
A place of business that makes loans and provides investment, checking and savings account services.
Bank |
Credit union |
The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height.
The horizontal floor surfaces of a structure enclosed by exterior walls, including the area under interior and exterior walls.
The horizontal floor surfaces of unenclosed portions of a structure, such as lean-tos, porches and decks.
The horizontal floor surfaces in any basement used for living space.
The surfaces of stairway treads or stairway landings 16 square feet or less are not considered to be floor area.
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.
The supporting substructure of a building or other structure, including:
An industry category land use comprised of structures, buildings and site development features designed to accommodate the loading and unloading of large transport vehicles such as tractor trailers and delivery trucks, for the purposes of transferring goods between vehicles for further transport or delivery. The use may include areas for temporary storage of goods awaiting transport, administrative offices and related activities.
Any use that must be located on submerged lands for its primary purpose, or any use that requires direct access to or location in coastal or inland waters and which cannot be located away from these waters. Uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and marketing facilities, waterfront dock and port facilities, shipyards, boat-building facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon waterborne 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. A recreational boat storage building is not a functionally water-dependent use. (See also "zero setback shoreline structure.")
A place of business where the dead are prepared for burial or cremation and where wakes and funerals may be held.
Any inland body of water that has a surface area in excess of 10 acres in its natural state.
Any inland body of water artificially formed or increased that has a surface area in excess of 30 acres, except where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.
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 the tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger.
Any gaseous, liquid or solid materials, either in pure form or incorporated into other materials, which are designated as hazardous by the Maine Department of Environmental Protection.
The vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances with no floor area.
Routine maintenance and repairs performed on a motorized vehicle by the vehicle's owner at their place of residence.
A place of business in a dwelling or a residential accessory building where clinicians, counselors or alternative treatment providers offer their services to the public. A home-based health care business is incidental and secondary to the residential use of the property, is operated by a family member residing in the dwelling and employs no more than two employees who may be other than family members residing in the dwelling.
A dwelling or a residential accessory building where sleeping accommodations without meals are provided for at least four and no more than 16 persons for a fee.
A dwelling where sleeping accommodations and breakfast are provided for at least four and no more than 16 persons for a fee. A bed-and-breakfast inn.
A home-based lodging business is incidental and secondary to the residential use of the property. It is operated by a family member residing in the dwelling and employs no more than two employees, who may be other than family members residing in the dwelling.
A place of business in a dwelling or a residential accessory building that displays and sells merchandise which customers may directly select and purchase or order for pickup or delivery. A home-based merchant business is incidental and secondary to the residential use of the property. It is operated by a family member residing in the dwelling and employs no more than two employees, who may be other than family members residing in the dwelling.
A place of business in a dwelling or a residential accessory building where a product is manufactured, assembled, constructed, fabricated, formulated, processed or otherwise produced utilizing raw materials, parts or ingredients generally obtained from outside sources, but some may be produced on-site. Limited on-site display and sale of the product may be included. A home-based production business is incidental and secondary to the residential use of the property. It is operated by a family member residing in the dwelling and employs no more than two employees, who may be other than family members residing in the dwelling.
A place of business in a dwelling or a residential accessory building where recordkeeping, desk work, clerical or executive functions or similar activities are conducted and which may or may not include direct contact with the public. A home-based profession business is incidental and secondary to the residential use of the property. It is operated by a family member residing in the dwelling and employs no more than two employees, who may be other than family members residing in the dwelling.
A place of business in a dwelling or a residential accessory building where a learned or licensed skill or a specialized service is conducted and which may or may not include direct contact with the public. A home-based trade business is incidental and secondary to the residential use of the property. It is operated by a family member residing in the dwelling and employs no more than two employees who may be other than family members residing in the dwelling.
An institution that primarily provides inpatient medical, surgical, or psychiatric care and treatment for the sick or the injured. The institution may also provide related services such as laboratories, outpatient departments, training facilities, central services facilities and staff offices.
A place of business that provides sleeping rooms for more than 16 people and usually meals and other services for travelers and other paying guests.
A small building intended for day use as a retreat, for recreational use or a place of refuge and relief from the elements. A hut does not include sleeping and internal plumbing accommodations
A change in a structure or property that causes a nonconforming dimension to become more nonconforming to a required dimensional standard.
A property change or structure expansion that increases the setback nonconformity of an existing structure.
An expansion that in-fills an irregularly shaped structure or is a lateral expansion to a structure is not considered to increase the setback nonconformity, provided that the setback of the expanded structure will be no less than that portion of the existing structure with the greatest nonconformity to the minimum setback requirement.
Any change in a feature of a nonconforming use of a structure or property that causes the use to become more nonconforming to a required standard.
A type of assisted living housing that includes private apartments, central dining and supportive services for the occupants.
An area of land not associated with a campground that is developed for repeated camping by only one group, not to exceed 10 individuals, and which involves site improvements such as a gravel pad, parking area, fireplace, or tent platform.
An industry land use comprised of below- or aboveground structures for the intrastate or interstate transport of gases or liquids. The use includes pipelines and may also include structures for pumping and maintenance of the pipeline installation. (See also "utility transport system.")
An industry land use comprised of above- or belowground structures for the intrastate or interstate transport of electricity or electronic information or signals. The use includes poles and cable supports, transmission wiring, substations and related equipment installations. (See also "utility transport system.")
See also "salvage yard." A yard, field or other outside area used to store, dismantle or otherwise handle:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Discarded, worn-out or junked plumbing, heating supplies, electronic or industrial equipment, household appliances, or furniture;
Discarded, scrap and junked lumber; and
Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material.
A place of business offering for sale or lease prefabricated structures or motorized products that typically require storage and display out of doors due to size or quantity. Repair services may be included.
Boat dealer |
Earthwork equipment dealer |
Heavy equipment dealer |
Manufactured housing dealer |
Motor vehicle dealer |
Recreational vehicle dealer |
An area, plot, or parcel of land with ascertainable boundaries established by deed or instrument of record. A front lot contains frontage on a street. A rear lot also contains frontage on a street, but the majority of the lot is located behind a front lot. The portion of the lot that fronts on a street is relatively narrow in comparison to the main portion of the lot located to the rear. On a map, the narrow and main portions of the lot often resemble a flag on a pole. These lots are commonly referred to as "flag lots."
The area of land enclosed within the boundary lines of a lot.
That portion of the lot area covered by buildings or nonvegetated surfaces composed of mineral, concrete, brick, asphalt or other low-permeability materials.
A linear boundary of a parcel of land as may be described in a survey or deed.
A legally created parcel of land described in a deed or other document or plan that is recorded at the Hancock County Registry of Deeds.
A legally created parcel of land described in a deed or other document recorded at the Hancock County Registry of Deeds and which existed on the effective date of an ordinance establishing a minimum land area, lot width or frontage dimensional requirement that the parcel of land cannot meet.
A lot or parcel of land that shares a boundary line with another lot or parcel of land in the same ownership.
A place of business that sells lumber and other building products from a yard and buildings designed for product storage and customer transactions.
A structural unit or units designed for occupancy and constructed in a manufacturing facility and transported, by the use of its own chassis or an independent chassis, to a building site. The term includes any type of building that is constructed at a manufacturing facility and transported to a building site where it is used for housing and may be purchased or sold by a dealer in the interim. Two types of manufactured housing are included. Those two types are:
Those units constructed after June 15, 1976, commonly called "newer mobile homes," that the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures, transportable in one or more sections, that in the traveling mode are 14 body feet or more in width and are 750 or more square feet, and that are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning or electrical systems contained in the unit. This term also includes any structure that meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
Those units commonly called "modular homes" that the manufacturer certifies are constructed in compliance with 10 M.R.S.A. Ch. 951, and rules adopted under that chapter, meaning structures, transportable in one or more sections, that are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained in the unit.
A production-category factory, mill or refinery. Products are manufactured primarily based on customer orders, but may also include production for sales, inventory or design purposes. A production-level manufacturing facility does not typically have continuously operated production. The use includes structures, buildings and related site improvements. Limited on-site display and sale of products may be included. (See also "factory," "home-based production," "mill," "refinery.")
A place of business having frontage on navigable water that offers offshore moorings or docking facilities for boats and may also offer accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, bait and tackle shops and marine fuel service facilities.
The estimated price a property 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.
A store that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer cannabis plants or harvested cannabis for sale to qualifying patients.
Shall mean a "cultivation area" as that term is defined in 22 M.R.S.A. § 2421-A, as may be amended.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Shall mean a medical cannabis cultivation area used or occupied by one or more medical cannabis registered caregivers. A medical cannabis cultivation facility is prohibited from selling medical cannabis to medical cannabis qualifying patients, medical cannabis caregivers or medical cannabis registered caregivers on premises. A medical cannabis cultivation facility shall not be used or occupied by a "collective" as that term is defined in 22 M.R.S.A. § 2430-D, as may be amended.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A registered Tier 1 or Tier 2 manufacturing facility or a person authorized to engage in cannabis extraction under 22 M.R.S.A. § 2423-F.
An entity registered under 22 M.R.S.A. § 2428 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis plants or harvested cannabis or related supplies and educational materials to qualifying patients and the caregivers of those patients.
A place where people assemble as groups for social activities, business conferences, public meetings or similar activities.
Banquet facility |
Club |
Conference facility |
Convention center |
Grange hall |
Any activity or process that is for the purpose of extraction or removal of metallic minerals, and which includes processes used in the separation or extraction of metallic minerals from other minerals, including, but not limited to, crushing, grinding, beneficiation by concentration (gravity, flotation, amalgamation, electrostatic or magnetic), cyanidation, leaching, crystallization, or precipitation, mine waste handling and disposal, and the processes substantially equivalent, necessary, or incidental to any of the foregoing. Metallic mineral mining does not include:
Exploration activities, including boring, drilling, hand sampling, test pits 100 square feet or less, or other test sampling methods which cause minimal disturbance of soil and vegetative cover.
Advanced exploration activities, including bulk sampling of metallic mineral deposits or any exploration activities that exceed exploration activities described in Subsection (1).
Thermal or electric smelting.
An industry-category land use comprised of manually operated or automated equipment, tools and machinery used to mass-produce a base material product that is used by others to manufacture, assemble, construct, fabricate, formulate, process or otherwise produce a component product or a finished product. The base material product is shipped in a bulk form such as sheets, rolls, bundles, lifts, cords, barrels, tanks or other containers. An industry category mill typically runs continuously, producing one or more specific products, but may also include custom orders. The use includes structures, buildings and related site improvements. (See also "factory," "manufacturing facility," "refinery.")
Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources.
The excavation of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location for use either in its natural state or after processing. The excavation of material may involve drilling, blasting, digging, cutting, or other methods to release the material from its natural location. Processing of material may involve crushing, screening, washing or mixing, and temporary on-site storage. The operation may include buildings to house vehicles, employees, fuel storage tanks, pumps, generators and other equipment, access roads, water treatment facilities, buffers, screening, and erosion control features. Excavated material is transported from the site by vehicle, rail, or other means of conveyance. A mineral extraction may be conducted as a commercial or noncommercial operation.
Gravel pit |
Rock excavation (also known as a "quarry") |
Mineral extraction does not include:
Any on-site excavation required to install, repair, replace, or expand a foundation or any other subgrade structure.
An excavation of not more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location in any twelve-month period, where the operation is conducted by the property owner and the excavated material is for the owner's personal use.
Any on-site excavation that is incidental to a landscaping improvement.
Any on-site excavation that is incidental to the construction, repair, alteration, or maintenance of a public or private road or a driveway.
Any on-site excavation required to construct a pond or reservoir.
Any on-site excavation required to construct a well.
Exploration activities, including boring, drilling, hand sampling, test pits 100 square feet or less, or other test sampling methods which cause minimal disturbance of soil and vegetative cover.
Metallic mineral mining.
The closest distance between the side lot lines of a lot.
See "manufactured housing."
A parcel of land under unified ownership approved by the municipality for the placement of three or more mobile homes.
See "manufactured housing."
A place of business that provides lodging for more than 16 people. Each sleeping room has a door that provides direct access at ground level or via a stairway to an on-site parking area.
Motor court |
Motor lodge |
A place of business that offers parts, repairs and maintenance for motorcycles, motorbikes or motor scooters
The existence of two or more land uses in common to a property or structure. Accessory land uses are not included when identifying the existence of a multiple occupancy.
Indigenous to the local forests.
The use of land, buildings or structures for a governmental, municipal, not-for-profit, charitable, religious or other tax-exempt use. "Noncommercial use" does not include rentals of residential dwelling units.
A nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.
See "lot of record, nonconforming."
A structure in lawful existence on the effective date of an ordinance that causes such structure to become noncompliant with a dimensional standard such as minimum setback, maximum lot coverage or maximum height.
A land use in lawful existence on the effective date of an ordinance that prohibits or otherwise restricts such use.
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.
Adjacent to nontidal waters, the line that distinguishes between predominantly aquatic and predominantly terrestrial land, identified by visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation.
Adjacent to tidal waters, the upland edge of the coastal wetland.
Areas contiguous with rivers and great ponds that support nonforested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river or great pond. (See also "shoreline.")
Unclothed, uncovered or exposed to the extent that human genitals, pubic area or buttocks, or the nipple and/or areola of the female breast may be seen by the public either in full view or through a less than fully opaque covering, as part of a live entertainment activity conducted on any premises subject to licensing or permitting.
A place of business that offers a learned or licensed skill or a specialized service where the skill or service performed takes place primarily at another location.
Construction trades service |
Catering service |
Exterminating service |
Garbage removal/trucking service |
Glass installation service |
Guide/tour service |
Home health care service |
Janitorial/house cleaning service |
Landscaping/groundskeeping service |
Limousine/taxi service |
Locksmith service |
Moving service |
Oil/propane delivery service |
Pedicabs |
Septic waste disposal service |
Sign installation service |
Towing service |
Tree service |
Well drilling service |
A manufactured structure designed for use as a temporary field office. The structure may be transported by the use of its own chassis or an independent chassis. Office trailer does not include manufactured structures designed for housing.
A place of business that offers a learned or licensed skill or a specialized service that takes place primarily at the business location. (See also "home-based trade.")
Appliance repair shop |
Bottle recycling facility |
Canvas/upholstery repair shop |
Dry cleaning/laundry |
Electronics repair shop |
Furniture restoration service |
General repair shop |
Gunsmith |
Machine shop |
Motorcycle service garage |
Packing/parcel shipping service |
Picture-framing shop |
Photography studio |
Photo processing service |
Printing/copy/publishing service |
Small engine service garage |
Storage/self-storage facility |
Tailor/seamstress service |
Welding service |
An organized public event of short duration that includes a combination of activities that may include entertainment, food, games, amusement rides, races, fireworks or other celebratory activities and which takes place in a defined area primarily in the out-of-doors.
Fair |
A place of business located in a defined area out of doors and which offers a variety of new or used merchandise for sale to the public, usually from more than one vendor. The use may include temporary or permanent roofed structures for weather protection.
Flea market |
Farmers market |
Open-air market |
A residential accessory use of property for play, exercise, sport activities, relaxation or for enjoyment of the environment. The use may involve minimal structural development. Outdoor recreation is not conducted as a business activity and is a use that is not intended for, nor accessible to the public.
A person or business that displays and sells their product at a temporary fixed location, often adjacent to a public way.
Flower vendor |
Food vendor |
Produce vendor |
Seafood vendor |
Any perennial or intermittent stream, as shown on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland.
A place of business offering medical or psychiatric care to patients who do not require an overnight stay.
A structure or portion of a structure designated for the parking of motorized vehicles under cover. "Parking facility" does not include residential garages.
Parking garage |
An area of land designated for the parking of motorized vehicles out of doors. Such areas are developed with gravel, concrete, asphalt or other impervious surfaces and are accessed by one or more entrances from a public or private street. Parking spaces serving a one-family, one-and-one-half-family or two-family dwelling are not considered to be a parking lot.
An area of land designated for the parking of a motor vehicle. A parking space may be located in a parking lot, a parking facility or a driveway. A parking space may also be located adjacent to a public or private street or located within a public or private right-of-way, where allowed.
A place of business that offers the cosmetic treatment of hair, skin or nails, artificial skin tanning, or designs and markings on the skin.
Barbershop |
Beauty salon |
Cosmetologist office |
Electrologist office |
Spa |
Tanning salon |
Tattoo/body piercing shop |
A residential accessory structure intended to provide seasonal or year-round protection from the elements for any animal kept as a pet by the property owner or occupant.
See "zero setback shoreline structure."
A place where a congregation assembles on a regular basis for prayer or religious services and related activities. The use may include fundraising or social events such as public suppers, craft fairs, musical performances or club meetings.
An industry category land use comprised of manually operated or automated equipment and machinery used to produce electricity for intrastate or interstate transmission or for local transmission. A power generating facility typically runs continuously and includes structures, buildings and related site improvements. (See also "wind turbine facility.")
A dwelling unit that is intended to be occupied for at least seven months in any calendar year. Evidence of use as a principal residence includes, but is not limited to, the listing of that residence as an occupant's legal residence for the purpose of voting, filing a state tax return or automobile registration, or occupancy of that dwelling for a period of at least seven months in any calendar year.
Domicile |
A building or structure that is used for purposes that are not wholly incidental or accessory to the use of another building or use on the same premises. An attached deck, porch or garage is considered part of a principal structure.
A use other than one which is wholly incidental or accessory to another use on the same premises.
An industry category land use comprised of structures, buildings and site development features designed to accommodate the loading and unloading of large transport vehicles such as tractor trailers and delivery trucks, and to accommodate the storage of product inventory to be delivered or shipped to dealers or customers as ordered. The use may include areas for administrative offices and related activities.
Any location, accessible by foot, on a parcel of land containing a residence or planned residence or approved residential subdivision, house of worship, academic school, college, library, duly licensed hospital or nursing home near the development site at the time an application is submitted, or any location within a locally designated passive recreation area.
This term does not include buildings and structures used for seasonal purposes, and which are located on leased camp lots owned by the applicant.
For purposes of this definition, a residence is considered planned when the owner of the parcel of land on which the residence is to be located has received all applicable building and land use permits and the time for beginning construction under such permits has not expired. A residential subdivision is considered approved when the developer has received all applicable land use permits for the subdivision and the time for beginning construction under such permits has not expired.
A structure, owned, leased, or otherwise operated or funded by a government body or public entity.
A well that provides water for human consumption and serves 15 service connections (e.g., homes, housing units, etc.), serves an average of at least 25 individuals daily 60 days of the year or more, or bottled water for sale.
A structure that provides a compilation of local area information to the public via printed handouts, publications for purchase, signage, recorded message or direct contact with on-premises staff.
A public outdoor activity involving exercise, play, repose, camping or the enjoyment of scenic or natural features. Minimal structural development may be included.
A property or building occupied with administrative offices, equipment storage or related activities for fire, police, ambulance or emergency dispatch services.
A property or building occupied with administrative offices, equipment storage, passenger loading and disembarking sites or related activities for any form of transportation for the public.
Bus terminals |
Railroad stations |
Taxi businesses |
A property or building occupied with administrative offices, equipment storage or activities related to the installation, maintenance or repair of public roads and infrastructure.
Public Works equipment storage facility |
Public Works sand/salt storage facility |
Town Garage |
An industry category land use comprised of structures, buildings and site development features designed to accommodate the loading and unloading of passengers or freight transported by railroad.
A commercial or a noncommercial facility where games, exercise or sport activities are offered to the public or a membership. The use takes place primarily indoors and may also accommodate spectators. A noncommercial facility may or may not require a spectator or participant fee. Related merchandise sales or rentals may be an incidental activity.
A commercial or a noncommercial facility where a recreational, sporting or amusement activity is offered to the public or a membership. The use takes place primarily out of doors and may also involve buildings or other structures. A noncommercial facility may or may not require a spectator or participant fee. Related merchandise sales or rentals may be an incidental activity.[2]
Amusement park |
Golf club |
Ice skating rink |
Nordic ski facility |
Paintball field |
Playfield/court |
Racetrack |
Recreational trail |
Sport shooting range |
Swimming facility |
Water sport |
A self-propelled motor home vehicle designed for seasonal use as temporary sleeping or living quarters for one or more persons.
A slide-in camper, travel trailer, tent trailer or camp trailer designed for seasonal use as temporary sleeping or living quarters for one or more persons, and which is designed to be transported on or towed behind a self-propelled motor vehicle.
A tiny house permanently attached to a motor vehicle or to a trailer frame designed to be towed by a motor vehicle.
An industry-category land use comprised of manually operated or automated equipment, tools and machinery used to mass-produce a refined product by purifying, blending, converting or otherwise processing unrefined raw materials such as crude oil, natural gas, or mineral ore. An industry-category refinery typically runs continuously and includes structures, buildings and related site improvements. (See also "factory," "manufacturing facility," "mill.")
A repair or replacement of a structure, the cost of which exceeds 50% of the market value of the structure in its condition prior to the damage, destruction or removal. Major rehabilitation does not include routine maintenance and repairs.
A repair of a structure, the cost of which does not exceed 50% of the market value of the structure. Minor rehabilitation does not include routine maintenance and repairs.
A physical change to a building within the confines of the building's footprint and overall height, including:
The removal or construction of partitions to alter or rearrange floor space;
The removal or installation of interior stairways;
The installation or relocation of kitchens or bathrooms;
The installation or replacement of masonry fireplaces or chimneys;
The installation or replacement of a foundation;
The replacement or enclosure of decks or porches; or
The installation or alteration of dormers or roof framing.
A place of business where scientific investigation, testing and experimentation are conducted for the purpose of expanding knowledge and education.
An assisted living facility licensed by the Maine Department of Health and Human Services where residents receive room and board and personal services as needed.
Level 1: A one- or two-bedroom facility.
Level 2: A three- to six-bedroom facility A family unit primarily operates these facilities.
Level 3: A three- to six-bedroom facility primarily agency-owned and -operated and employing three or more unrelated people.
Level 4: A facility with seven or more beds.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A place of business where food and beverages are prepared, packaged and given to customers for immediate consumption on or off the premises. Customers either walk in to place orders at a counter or drive up in a vehicle to place orders via an intercom system or directly to an employee at a service window. Dining tables may be provided indoors or outdoors, but table service is not provided.
Coffee shop |
Delicatessen |
Drive-in restaurant |
Fast-food restaurant |
Pizza shop |
Sandwich shop |
A place of business where food and beverages are prepared and served to customers seated at dining tables for immediate consumption on the premises. Called-in pickup or delivery orders may be an incidental service offered to customers.
A described area of privately owned land over which one or more landowners may pass either by vehicle or by foot, or over which private utilities may be installed.
Rocks, irregularly shaped and at least six inches in diameter, which are used for erosion control and soil stabilization, typically on ground slopes of two units horizontal to one unit vertical or less.
A free-flowing body of water, including its associated floodplain wetlands, from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
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. Street.
The periodic upkeep necessary to assure the proper functioning and performance of a structure, road, or other site development feature.
The action necessary to correct minor damage, decay or defect of a structure, road or other site development feature.
The replacement of doors or windows.
The replacement of exterior stairs, ramps, railings or decking boards.
Areas of coastal wetland that support salt-tolerant species and, where at average high tide during the growing season, the soil is irregularly inundated by tidal waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass, and Sago pondweed.
Areas of a coastal wetland that support 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 is rarely inundated by tidal water. Indigenous plant species include salt meadow cordgrass (Spartina patens) and black rush. Common three square occurs in fresher areas.
A place of business where ferrous and nonferrous metals are stored and processed for reuse.
See "mineral extraction."
A tree species that is less than two inches in diameter at 4.5 feet above ground level.
A land use that includes the use of gas-powered, portable cutting equipment to process logs into firewood or lumber. A small sawmill facility does not include the use of any other wood processing equipment, except a chipper may be included to process unwanted wood waste. Portable cutting equipment operated under the control of a property owner on their own land to process logs for the property owner's own personal use is not considered a small sawmill facility.
Any vista deemed worthy of protection, as identified in the Town's Comprehensive Plan.
A publicly or privately funded facility providing educational opportunities.
A residential accessory use, conducted by the property owner or family member on their property, involving the offering and selling of items that have a local seasonal demand. Items having a local seasonal demand include, but are not limited to, fish bait; wreaths; small crafts; firewood; iced beverages; and home-grown flowers, fruits and vegetables. Items for sale are displayed at a roadside location, except when such a display is impractical or damaging to the items. The roadside display may include a temporarily installed table or stand and a small advertising sign. A seasonal roadside sales use is of short duration, taking place until such time the local seasonal demand ends or the inventory is depleted, whichever comes first.
A young tree species that is less than 4.5 feet in height above ground level.
See "utility service connection."
See "vehicle services, Class 1."
The horizontal distance between a structure, road, parking space or other regulated object or area and the normal high-water line of a water body, tributary stream or the upland edge of a wetland. The distance is measured from that portion of the regulated object that is nearest to the water body, tributary stream or wetland.
The horizontal distance between a structure, road, parking space or other regulated object or area and a property line or boundary of a right-of-way or easement. The distance is measured from that portion of the regulated object that is nearest to the property line or boundary.
Nearest portions of a structure from which the setback is measured include, but are not limited to, decks, porches, stairs, eave overhangs, foundations, walls, bay or bow windows and chimneys. Some exceptions apply.
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.
Also referred to as the "Shoreland Zone"; land located within any of the following dimensioned areas, as measured horizontally:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Within 250 feet of the normal high-water line of any great pond or river.
Within 250 feet of the upland edge of a coastal wetland, including all areas affected by tidal action.
Within 250 feet of the upland edge of a freshwater wetland.
Within 75 feet of the normal high-water line of a stream.
The RTIS District includes land that is located more than 250 feet from the normal high-water line of Penobscot River.
The normal high-water line of a water body or tributary stream, or the upland edge of a freshwater or coastal wetland.
A sequence of repetitive sounds which occur more than once within an hour, each clearly discernible as an event and causing an increase in the sound level of at least six dBA on the fast-meter response above the sound level observed immediately before and after the event, each typically less than 10 seconds in duration, and which are inherent to the process or operation of the development and are foreseeable.
A dwelling unit or a portion thereof that is rented by the owner or the owner's agent for transient occupancy, for fewer than 30 consecutive nights, for compensation, directly or indirectly, excluding motels, hotels, bed-and-breakfasts, boardinghouses, and inns.
[Added 4-25-2024]
Seasonal rentals |
Time-shares |
Vacation homes |
An institution or a distinct part of an institution which is primarily engaged in providing skilled nursing care and related services for residents who require medical or nursing care or rehabilitation services on an inpatient basis and do not require acute level of care.
Long-term care facility |
A place of business that offers parts, repairs and maintenance for low-power gasoline or electric engines such as those used in chain saws, snowblowers, lawn mowers and go-carts, and for larger engines such as those used in snowmobiles, outboard motors and all-terrain recreational vehicles.
A low-impact, limited-size development comprised of small structures and minimally cleared areas used to conduct environmental studies, teaching or other outdoor educational activities. Small structures include, but are not limited to, observation decks or towers, walkways, kiosks, tree stands, blinds, warming huts, benches and group assembly areas.
An installation of photovoltaic panels designed to convert sunlight into electricity. The installation includes supporting structures, piping, wiring and related electrical components.
A place where garbage, refuse and recyclable materials are collected for processing and transfer to a licensed disposal or recycling site.
Recycling facility |
An area designed and used for archery, skeet and trap shooting or other similar shooting sports and the shooting of rifles, shotguns and pistols.
A place of business that displays and sells merchandise that customers may directly select and purchase or order for pickup or delivery. (See also "home-based merchant.")
Class A mercantile stores have an aggregate gross area of more than 30,000 square feet or use more than three levels, excluding mezzanines, for sales purposes.
Class B mercantile stores have an aggregate gross area of more than 3,000 square feet but not more than 30,000 square feet, or which have floors above or below the street floor level for sales purposes.
Class C mercantile stores have an aggregate gross area of not more than 3,000 square feet on one story only, excluding mezzanines.
Adult products store |
Animal supplies store |
Antique shop |
Automotive parts store |
Bicycle shop |
Bookstore |
Cell/mobile phone store |
Clothing store |
Consignment shop |
Convenience store |
Craft store |
Department store |
Electronics store |
Flooring store |
Florist |
Furniture store |
Gift/novelty shop |
Grocery store |
Hardware store |
Hobby shop |
Home-based merchant |
Ice cream shop |
Jewelry store |
Lumberyard |
Marine supply store |
Market |
Office supply store |
Pastry shop |
Pawnbroker |
Pharmacy |
Rental store |
Retail store |
Shoe store |
Sporting goods store |
Stained-glass shop |
Tire store |
Tobacco shop |
Toy store |
Video rental/sales store |
Warehouse store |
Wholesale store |
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.
A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent, highest resolution version of the national hydrology dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body or wetland and the channel forms downstream of the water body or wetland as an outlet, that is also a stream.
See "road."
Anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind.
A building.
Anything built, constructed or erected on or in the ground.
A deck, patio, or the like.
An outdoor wood boiler.
A satellite dish.
The term "structure" does not include fences and poles, wiring, guying, guy anchors and other aerial equipment normally associated with service drops are not considered to be structures.
The term "structure" does not include subsurface wastewater disposal systems as defined in 30-A M.R.S.A. § 4201, Subdivision 5; geothermal heat exchange wells as defined in 32 M.R.S.A. § 4700-E, Subdivision 3-C; and wells or water wells as defined in 32 M.R.S.A. § 4700-E, Subdivision 8.
See also "principal structure," "accessory structure."
Completion of 30% of a permitted structure or use, measured as a percentage of estimated total cost.
The primary features and functions of a land use are operational and finished to the extent that the land use may be conducted in accordance with applicable rules and regulations, and in accordance with required conditions of approval, if any.
Any system designed to dispose of sewage waste or wastewater on or beneath the surface of the earth, including, but not limited to:
Subsurface wastewater disposal system does not include any discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system or any municipal or quasi-municipal sewer or wastewater treatment system.
A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
A place of business licensed to sell alcoholic beverages to be consumed on the premises as the primary function of the business.
Bar |
Lounge |
A structure of open-lattice, monopole or other design to which is attached any device designed for commercial telephonic, radio, or television communication through the transmission of electromagnetic waves.
A place of business with the sole function of marketing goods or services by telephone or other forms of electronic communication.
All waters affected by tidal action during highest annual tide.
A dwelling that is 400 square feet or less in floor area, excluding lofts.
For the purposes of this chapter, a tonal sound exists if, at a protected location, the one-third octave band sound pressure level in the band containing the tonal sound exceeds the arithmetic average of the sound pressure levels of the two contiguous, one-third octave bands by five dB for center frequencies at or between 500 Hz and 10,000 Hz, by eight dB for center frequencies at or between 160 and 400 Hz, and by 15 dB for center frequencies at or between 25 Hz and 125 Hz.
A woody, perennial plant with one or more well-defined trunks at least two inches in diameter at 4.5 feet above the ground, with a more or less definite crown, and reaching a height of at least 10 feet at maturity.
A channel between defined banks created by the action of surface water and which is connected hydrologically with other water bodies. The channel is characterized by the lack of terrestrial vegetation or by the presence of a bed that is devoid of topsoil; contains waterborne deposits or contains exposed soil, parent material or bedrock. Water may flow in the channel on a perennial or intermittent basis. Rills or gullies formed by accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity are not considered to be tributary streams.
The boundary between upland and wetland, described as follows:
In a coastal wetland, 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.
In a freshwater wetland, the upland edge is 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 dominated by woody stems that are six meters (approximately 20 feet) tall or taller. (See also "shoreline.")
An accessory land use involving above- or belowground installation of piping or wiring and related poles, guys, support slabs, appliances and equipment necessary to connect a structure with a utility transport system.
A nonindustry land use comprised of above- or belowground structures for the transport of gases or liquids, electricity or electronic information or signals, or sewage, except subsurface wastewater disposal systems. Utility transport systems may include towers, poles, wires, mains, drains, pipes, collection and supply systems and associated storage tanks, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories. Utility transport systems include public and private installations. (See also "utility service connection," "intrastate/interstate pipeline," "intrastate/interstate transmission line.")
A relaxation of the terms of an ordinance where such relaxation will not be contrary to the public interest and where a literal enforcement of an ordinance would result in undue hardship as defined in 30-A M.R.S.A. § 4353.
All live trees, shrubs and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 4 1/2 feet above ground level.
A place of business that offers the sale and dispensing of fuel for motor vehicles and the sale of food and miscellaneous sundries.
A place of business that offers a wide variety of repair services for motor vehicles and the sale and dispensing of fuel for motor vehicles. Limited food sales may also be offered.
A place of business that offers motor vehicle body repair and painting services.
A place of business that offers motor vehicle brake and muffler services.
A place of business that offers full interior and exterior cleaning of motor vehicles, including vacuuming, washing, waxing, buffing and polishing.
A place of business that offers a wide variety of repair services for motor vehicles.
A place of business that offers oil and filter changes for motor vehicles.
A place of business that offers motor vehicle transmission service.
A place of business that offers automated drive-through washing facilities or self-service washing and vacuuming facilities for motor vehicles.
A place of business operated by a licensed and professionally trained person offering medical or surgical treatment of animals, especially domestic animals.
The space (expressed in cubic feet) of all portions of a structure enclosed by roof and fixed exterior walls, as measured from the exterior faces of these walls and roof.
An accessory structure with sufficient capacity to store bulk quantities of goods, parts, products, equipment, merchandise or other items requiring a large storage space.
A place where sanitary wastewater is processed and discharged or otherwise disposed of in accordance with state licensing requirements. A subsurface wastewater disposal system is not considered to be a wastewater treatment facility for the purposes of this chapter.
Composting facilities |
Public sewer pump stations |
Sanitary waste dewatering facilities |
Sludge spread sites |
Stormwater separation facilities |
Any great pond, river or stream.
Any project extending from one bank to the opposite bank of a river, stream, tributary 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 work on these crossings. Crossings for timber harvesting equipment and related activities are also included.
A place where water is processed and discharged into a public drinking water system in accordance with state licensing requirements and also including transport and collection piping systems and water storage tanks.
Public water pump stations |
Public water storage tanks |
An area within 1,000 feet of a community drinking water well identified by the Maine Drinking Water Program, or the source water protection area of a community drinking water well as mapped by the Department of Health and Human Services, whichever is greater.
A freshwater or coastal wetland.
All tidal and subtidal land.
All land with vegetation that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat.
Any swamp, marsh, bog, beach, flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in which an activity is proposed, as identified in tide tables published by the National Ocean Service.
Coastal wetlands may include portions of coastal sand dunes.
A freshwater wetland dominated by woody vegetation that is six meters (19.68 feet) tall or taller.
Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
Of 10 or more contiguous acres, or of less than 10 contiguous acres and adjacent to a surface water body (excluding any river, stream or brook) such that in a natural state the combined surface area is in excess of 10 acres; and
Inundated or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.
Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
A power generating facility comprised of one or more windmill installations used to produce electricity for intrastate or interstate transmission or for local transmission. The facility typically operates continuously and includes structures, buildings and related site improvements. Small wind turbine installations designed to produce electricity primarily for on-site consumption are not considered wind turbine facilities.
A structure or machine that converts wind into usable energy through the rotation of a wheel with fixed or variable-pitch blades.
Wind turbine |
Any FCC-licensed commercial wireless telecommunication service, including cellular, personal communications services, mobile radio, paging and similar services.
A nonstaffed facility for the transmission or reception of wireless communication services, usually consisting of a telecommunications tower, antenna, transmission cables and equipment building.
Live trees or woody, nonherbaceous shrubs.
The sale of more than five items of personal property from any premises, whether advertised in local media, by signs, or otherwise as a yard sale, barn sale, garage sale, household sale, moving sale, or other sale, whether accomplished by direct sale or auction; or sales conducted by civic groups, school groups, church groups, charitable or fraternal organization and other nonprofit organization.
A pier, dock, wharf, bridge or other similar structure extending over or below the normal high-water line of a water body or the upland edge of a wetland. A zero setback shoreline structure is considered temporary if it remains in or over the water for less than seven months in any period of 12 consecutive months, and permanent if it remains in or over the water for seven months or more in any period of 12 consecutive months. A recreational boat storage building is not a zero setback shoreline structure. A recreational float is not a zero setback shoreline structure.
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Editor's Note: The original definition of "recreational lodging," which immediately followed this definition, was repealed 4-25-2024.