See "base flood."

That which is contiguous to, or shares, a common boundary line. The owner of a property that is contiguous to or shares a common boundary line is an abutter. See § 16.5.2, § 16.7.10C(2)c and § 16.8.9C(3)c on abutter notification process when a new development or redevelopment is proposed.

A subordinate building on the lot, the use of which is incidental to that of the main or principal building.

A dwelling unit which is part of an existing structure on the property where the owner of the property occupies one of the units. See § 16.5.3 for accessory dwelling unit general performance standards.

A structure that is subordinate to and serves a principal building or use on the lot. See "principal structure" definition.

A use customarily incidental and subordinate to a principal use and located on the same lot with such principal use. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. See "principal use" definition.

The natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

The percentage of income a household is charged in rent and other housing expenses, or must pay in monthly mortgage payments (including insurance, HOA fees, and taxes), does not exceed 30% of a household's gross income, or other amount established in town regulations that does not vary significantly from this amount.

A dwelling unit that may be rented for year-round occupancy for which the rental cost does not exceed the maximum cost set forth for households making up to 80% of area median income, as determined by HUD's York-Kittery-South Berwick Metro Fair Market Area (HMFA) limits. Annual rent increases are limited by deed restriction, lease agreement or other legally binding agreement to the percentage increase in the HUD York-Kittery-South Berwick Metro Fair Market Area (HMFA) median income figures for a household of that size.

A dwelling unit that may be purchased for year-round occupancy for which the selling price does not exceed the maximum price set forth for households making up to 120% of area median income, as determined by HUD's York-Kittery-South Berwick Metro Fair Market Area (HMFA) limits. The resale price is limited by deed restriction or other legally binding agreement for all future sales of the unit, or a lesser term if permitted by regulations, to the percentage increase in the HUD York-Kittery-South Berwick Metro Fair Market Area (HMFA) median income figures for a household of that size.

One dwelling unit of either affordable housing for rent or affordable housing for sale.

A residential use occupied principally by residents who are at least 55 years of age (or in the case of a couple, at least one of whom is at least 55 years of age) in which the accommodations are all dwelling units with private bathrooms and cooking facilities. Occupants of this residential use may also include handicapped individuals of any age. Age-restricted housing does not include residential care facilities that are typically referred to as independent living units, congregate care units, assisted living units, dementia or Alzheimer's units or hospice units, or a nursing care or convalescent care facility that provides nursing services.

An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this title; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.

Structures that are used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

The production, storage, keeping, harvesting, grading, packaging, processing, boarding, 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, including beef cattle, sheep, swine, horse, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees, and forest berries; vegetables; nursery, floral, ornamental, and greenhouse products; but excluding marijuana. Agriculture does not include agriculture for personal use nor forestry or sawmills, as defined in this chapter. See § 16.5.5 for agriculture general performance standards.

A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of pigs. See § 16.5.6 for agriculture, piggery general performance standards.

A premises, area, fenced enclosure, building or structure, or portion thereof, used or designed for the keeping of poultry or fowl. See § 16.5.7 for Agriculture, poultry facility general performance standards.

Includes but is not limited to clock towers, bell steeples, utility/light poles, water towers, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers, referred to by the industry as "stealth" technology.

The total volume of vehicle traffic of a road, street, or highway for a year divided by 365 days, as determined by methods approved by the American Association of State Highway and Transportation Officials (AASHTO).

Any apparatus designed for telephonic, radio, television or similar communications through the sending and/or receiving of electromagnetic waves.

The breeding, rearing and harvesting of fish, shellfish, aquatic plants and algae in all types of water environments for the purpose of human use. The term includes all processing and storage facilities on land that may be required to engage in such water-based farming.

Enclosed place for the exhibition, production and sales of art.

A value of real property derived from a mass appraisal technique in accordance with market value and is equitable to similarly situated properties within the Town.

Any sign of lightweight fabric or similar material that is mounted for display at one or more edges.

The area of a tree stem derived by measuring the diameter of a standing tree measured 4.5 feet from ground level and inclusive of bark.

The flood having a 1% chance of being equaled or exceeded in any given year, commonly called the "100-year flood."

An area below the first floor having a floor-to-ceiling height of six feet or more and 50% of its volume below the existing ground. When used in the context of § 16.5.11 Floodplain Management, any area of a building that includes a floor that is subgrade (below ground level) on all sides.

An area of land that provides native perennial vegetation and foraging habitat fitting for game birds, songbirds, pollinators and other symbiotic species.

An area below the first floor having a floor-to-ceiling height of six feet or more and 50% of its volume below the existing ground.

A home occupation in a single-family dwelling in which lodging or lodgings with meals served before 12:00 noon are offered to the general public for compensation, offering no more than six bedrooms for lodging purposes.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of water bodies. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

The surface of any building or structure which is available for hire for advertising goods or services not provided on the premises. Official business directional signs (OBDS) are not considered billboards.

The Board of Appeals of the Town of Kittery; may be referred to as the "BOA."

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.

A nonresidential structure designed exclusively for the protection, storage, repairing and maintenance of boats for noncommercial purposes.

A business or gainful occupation where boats are hauled, stored, repaired and/or constructed.

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.

See "stream or brook" definition below.

A combination of physical space and vertical elements, such as but not limited to plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or property. Each portion of a building separated from other portions by a fire wall is considered as a separate structure.

The aggregate or the maximum horizontal area of all buildings on the lot including accessory buildings but excluding cornices, eaves or gutters projecting not more than 24 inches. Pet shelters, playground equipment, tree houses, and structures that are not also buildings are not used in calculating building coverage. Additionally, this is not to be construed to mean the aggregate of floors in a multilevel building.

Linear footage along the face of the building containing the main public entry, commonly labeled "front elevation" on building plans.

For the purposes of the sign regulations, any corporation, trust, partnership or other verifiable legal entity with the object of gain, benefit or advantage.

A building, or portion thereof, in which there are located the offices of a profession or business, including, but not limited to, banks, insurance, realtors, attorneys, appraisers, engineers, architects, landscape architects, accountants, dentists, optometrists and physicians.

For the purposes of the sign regulations, a workplace of a business other than an employee's or employer's personal residence.

Establishments primarily engaged in providing services to business enterprises on a fee or contract basis, including, but not limited to, advertising, credit agencies, photocopying, commercial graphics, computer programming, cleaning and maintenance services, employment agencies, data processing, consulting and public relations, security and business equipment rental.

Any area or tract of land use to accommodate two or more people, including tents, trailers or other camping outfits, not to be used as permanent residence.

All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin including cannabis concentrate. This term does not include industrial hemp, fiber produced from the stalks, oil, cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination or any ingredient combined with cannabis to prepare topical or oral administrations, food, drink or any other product. Cannabis also means marijuana.

The more or less continuous cover formed by tree crowns in a wooded area.

A private or public place set apart for the interment of the dead. In the absence of an apparent boundary, i.e., fence, stone wall, survey markers, survey plan, or information from the Kittery Historical and Naval Society or other reliable historic sources, the perimeter of the interment area is determined by starting with a ten-foot distance from existing tombstones and expanded, where necessary, to form a final rectilinear area.

A document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of § 16.5.11I

A permit issued by the Code Enforcement Officer that authorizes the recipient to make use of property in accordance with the requirements of this title and applicable state and federal requirements.

The main or essential nature, especially as strongly marked and serving to distinguish.

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., also known as the "Clean Water Act") and any subsequent amendments thereto.

The location of more than one telecommunications facility (use) on a tower or alternative tower structure.

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 the "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.

An area of special flood hazard extending from offshore to the inland limit of a 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 Rate Map (FIRM).

Person(s) certified under Title 30-A MRSA, Section 4451 (including exceptions in Section 4451, paragraph 1) and employed and duly authorized by the Town to carry out the duties, including enforcement of all applicable comprehensive planning and land use laws, as prescribed herein and in the Town Administrative Code.

The active use of lands, buildings, wharves, piers, floats, docks or landings with the principal intent of such activity being the production of income by an individual or legal business entity through the operation of a vessel(s). This activity may be either a principal or accessory use as herein defined.

A building or structure used by a business or in the production of income, which is designed and/or used for the indoor propagation and/or cultivation of plants.

A commercial operation that: 1) provides food and shelter and care of eight or more domestic animals for purposes not primarily related to medical care; or 2) has at any one time eight or more animals for the purpose of commercial breeding.

A structure which is used by a business entity to serve the general public by providing marine-related services.

The vessel is used for commercial or home occupation use when its principal purpose or use is in the pursuit of one's business or trade for the purpose of earning a livelihood. The burden of proof in establishing the commercial or home occupation use of a vessel lies with the vessel owner.

A building or buildings which is principally used to conduct commercial educational classes including but not limited to trade schools, schools of art, beauty, business, dancing, driving, music, martial arts, but not including private nursery, elementary or secondary schools. Retail sales of items related to the school are allowed as an accessory use to commercial schools.

The use of lands, buildings or structures, other than a home occupation defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.

The Town of Kittery and its people.

The compact or built-up section of the Town means a section of the street or way where structures are nearer than 200 feet apart for a distance of 1/4 mile.

Any part or element of the plan or policy for the development of the Town, as defined in 30-A M.R.S.A. § 4301, as issued in the Kittery Comprehensive Plan as approved by the Town Council, or subsequent revisions or additions thereto.

A facility used for conferences, seminars and meetings, including accessory accommodations for food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.

A type of land use which in its simplest form allows a reduction of the pertinent zoning district's dimensional requirements, such as lot size, frontage and setbacks, on a property to be subdivided while permanently protecting open space on the property based on certain criteria and objectives.

Drawings showing the location, profile, grades, size and type of drains, sewers, water mains, underground fire alarm ducts, pavements, of streets, miscellaneous structures, etc.

The performance of work and/or the furnishing of supplies to members of the building trades, such as, but not limited to, plumbing, painting, building, well drilling, carpentry, masonry or electrical installation, which requires, or customarily includes, the storage of materials and/or the location of commercial vehicles at the site.

A wall surrounding all sides of an aboveground tank to contain any spills or leaks.

Lots which adjoin at any line or point or are separated at any point by a body of water less than 15 feet wide.

An individual or firm engaged in a business that causes the disturbance of soil, including grading, filling and removal, or in a business in which the disturbance of soil results from an activity that the individual or firm is retained to perform.

A facility that is licensed by the State of Maine to provide nursing care to persons during periods of recovery or rehabilitation. The facility provides nursing care and related rehabilitation services. The facility does not provide hospital services except as incidental to the delivery of nursing care. A convalescent care facility does not include any facility that is defined as an elder care facility.

A lot or parcel of land abutting on two or more streets at their intersection or on two parts of the same street forming an interior angle of less than 135°. In zones where yards are required:

A group of dwelling units that shares a common lot as well as common open space and may share a parking area and/or accessory structures.

See definition for "building coverage."

A lighting fixture or luminaire that controls glare by directing light well below the horizontal. A cutoff fixture limits the direction of light so that a maximum of 2 1/2% of the total lamp lumens shine above 90° or a line parallel to the surface of the ground and a maximum of 10% of the lamp lumens shine above 80°, including any above 90°, as shown in the following sketch.

A calendar day unless otherwise indicated.

A house or other place conducted or maintained by anyone who provides on a regular basis and for consideration, care and protection for three or more unrelated children under 16 years of age, who are unattended by their parent(s) or guardian(s), for any part of a day. Any facility, the chief purpose of which is to provide education, is not considered a day-care facility.

An unenclosed, unroofed exterior platform structure, with or without railings, which is elevated aboveground and is typically of wood construction, whether attached to a building or freestanding. A deck is not a water-dependent structure.

A handbook which is intended to supplement, illustrate and amplify various sections of this Title 16, Land Use and Development Code, and which is on file in the Town offices.

A building listed on or located within a historic district listed on the National Register of Historic Places or a list of historic buildings or local historic districts published by the Maine Historic Preservation Office, or contained in the Town's adopted Comprehensive Plan.

The total area of all existing and proposed structures, driveways, parking areas and other nonvegetated surfaces located in the Shoreland, Resource Protection and Stream Protection Overlay Zones.

Any person, firm, corporation or other legal entity that makes application for any type of development within the Town.

Numerical standards relating to spatial relationships, including, but not limited to, setbacks, lot width and area, shore frontage, percent of lot coverage and height.

Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or, in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.

For the purposes of stormwater regulation, means any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of pollutants to waters of the state. "Direct discharge" or "point source" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged.

A warehouse or specialized building with refrigeration or climate control, stocked with products to be shipped to retailers, wholesalers or directly to consumers.

Land altered by the clearing of vegetation, grading, excavation and redevelopment. The cutting of trees without grubbing, stump removal, and the disturbance or exposure of soil is not considered to be disturbed area. Work performed in order to continue the original line and grade, hydraulic capacity, and the original purpose of the land or the improvements thereon is not considered to be disturbed area.

The slip or waterway extending between two piers or projecting wharves or cut into the land for the reception of vessels.

A man-made, regularly maintained channel, trench or swale for conducting water that has a direction of flow to remove surface water or groundwater from land by means of gravity. For the purposes of this title, any new activity that reroutes a streambed or dredges a wetland is not considered to be a "drainage ditch." Where a drainage ditch widens out into a larger wetland, a route no more than 12 feet in width can be considered to be the drainage ditch. The remainder is considered wetlands unless it is demonstrated that the originally developed drainage ditch was designed to be greater than 12 feet in width.

To move or remove, by digging, scraping, scooping or suctioning, any earth, sand, silt, mud, gravel, rock or other material from the bottom of a water body or wetland surface.

Any portion of a structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction.

A vehicular accessway less than 500 feet in length serving two lots or less.

A building designed or used as the living quarters for one or more families. The term does not include motel, rooming house, hotel, inn, club, trailer, or structures solely used for transient or overnight occupancy.

A room or group of rooms forming a habitable unit for one household, with facilities used or intended to be used for living, sleeping, cooking, eating and sanitary facilities. Such a unit must meet the building code standards adopted and amended from time to time by Maine's Bureau of Building Codes and Standards.

A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time and containing cooking, sleeping and toilet facilities. The term includes mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time period rented. Recreational vehicles are not dwelling units.

Manufactured housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. See § 16.5.15 for manufactured housing general performance standards.

A structure that contains five or more dwelling units that share common walls or floors/ceilings with one or more units. The land underneath the structure is not divided into separate lots.

A residential development comprised of 2, 3, or 4 primary units on the same lot that are attached within the same structure or detached in separate structures in any combination.

A detached dwelling unit located on its own lot.

A building that contains two primary dwelling units on one lot. The units must share a common wall or common floor/ceiling.

The authorization of a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property.

The projecting lower edges of a roof overhanging the wall of the building.

A facility that provides short-term care, supervision and recreation and social activities for elderly and handicapped individuals, in which the participants do not stay overnight.

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.

Operations conducted by or on behalf of the municipality for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement and operations to rescue human beings, property and livestock from the threat of destruction or injury.

One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time to the local power loads, utility grid, or for grid support.

Energy storage system installations exceeding the one- and two-family and townhouse standards, excluding energy storage system dedicated-use buildings, pursuant to NFPA 855, Standards for the Installation of Stationary Energy Storage Systems, as amended.

A building constructed on-site that is only used for energy storage, energy generation, or electrical grid-related operations, pursuant to NFPA 855, Standards for the Installation of Stationary Energy Storage Systems, as amended.

An energy storage system capable of being moved and utilized as a temporary source of power.

Energy storage system installations associated with one- and two-family dwellings and townhouse dwelling units pursuant to NFPA 855, Standards for the Installation of Stationary Energy Storage Systems, as amended.

The construction, alteration or maintenance of gas, electrical or communication 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, all police call boxes, traffic signals, hydrants and similar accessories, but do not include service drops or buildings which are necessary for the furnishing of such services.

For the purposes of stormwater regulation, means any person who is subject to a multisector general permit for industrial activities, a general permit for construction activity, a general permit for the discharge of stormwater from the Maine Department of Transportation and the Maine Turnpike Authority, municipal separate storm sewer systems, or a general permit for the discharge of stormwater from state or federally owned authority, municipal separate storm sewer system facilities, and any nonstormwater discharge permitted under a National Pollutant Discharge Elimination System permit, waiver, or waste discharge license or order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency (EPA) or the Maine Department of Environmental Protection (DEP).

For the purposes of § 16.5.11, Floodplain management, a manufactured home park or subdivision that was recorded in the deed registry prior to the adoption date of the community's first floodplain management regulations.

An increase in the footprint of a structure, including all extensions, such as, but not limited to attached decks, garages, porches and greenhouses. An increase in height is also considered to be expansion of a structure. For height details on structures in the Shoreland, Resource Protection or Stream Protection Overlay Zones, see "height of structure (in the Shoreland, Resource Protection and Stream Protection Overlay Zones)."

The addition of weeks or months to a use's operating season; additional hours of operation; or the use of more floor area or ground area devoted to a particular use.

The Federal Aviation Administration.

One or more persons occupying premises and living as a single housekeeping unit.

An event where farmers, ranchers, and other agricultural producers sell food, plants, flowers, marine-products, and added-value products, such as jams and jellies or handmade crafts, they have grown, raised, caught, or prepared for retail sale. In addition, some vendors sell food that is available for immediate consumption on site, and some may be community groups, services, or other vendors or organizations. Farmers' markets occur on a regular basis in the same location. They are free and open to the public. Some markets are seasonal, while others occur year-round.

The Federal Communications Commission.

Materials such as select soils, rock, sand and gravel added to a land area or wetland area.

The act of adding and/or placing fill into or upon a land area or wetland area.

A float extending from the main float of a pier, ramp and float system that creates slips and/or increases the pier or float edge available for mooring boats.

Any fabric containing distinctive colors, patterns or symbols, used as a symbol of a government or recognized political subdivision.

A platform that floats and is anchored, moored or secured at or near the shore, used for landing or other purposes.

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

That portion of land which has 1% chance of flooding in any given year, as designated on Flood Insurance Rate Maps issued by the Federal Insurance Administration, if available, or on Flood Hazard Boundary Maps issued by the Federal Insurance Administration.

An official map of a community on which the Administrator of the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the community.

See "flood elevation study."

The highest level of flood that, on the average, is likely to occur once every 100 years (that has a 1% chance of occurring in any given year). See "base flood."

A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM), with a 1% or greater annual chance of flooding to an average depth of one feet to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in § 16.5.11C.

The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood-control works, and floodplain management regulations.

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a 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.

Any land area susceptible to being inundated by water from any source (see "flood").

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and contents.

See "regulatory floodway."

The lines marking the limits of floodways on federal, state and local floodplain maps.

The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.

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, but not limited to, basements, slabs, sills, posts or frost walls.

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.

A physical location, often a warehouse or a specialized building with automation, from which a fulfillment provider fills customer orders from multiple e-commerce retailers.

For the purposes of § 16.5.11, Floodplain management, a use which 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 ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Those principal uses that can only occur when on submerged lands or in, on, or adjacent to coastal and inland waters and which cannot be located away from these waters, and those uses or structures which are customarily appurtenant to those principal uses. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, aquaculture, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat-building facilities, marine construction business 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 and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters as well as structures to house educational programs, apprenticeships and scientific research uses directly related to functionally water-dependent uses and/or the marine or tidal waters themselves. Recreational boat storage buildings and accessory marinas intended for recreational boats owned by residents of dwelling units located on the site, even if additional vessels may lease slips or moorings, are not functionally water-dependent uses.

A room or rooms in which legal gaming or gambling is conducted.

Any banking or percentage game played for money, property, or any representative of value with cards, dice, or any device or machine and located exclusively within a facility licensed for such activity.

The retail sales of fuel for motor vehicles, including, but not limited to, gasoline, diesel fuel, biodiesel, kerosene, ethanol, propane and hydrogen, and related goods and services. The gasoline sales can be the principal use or accessory to another principal use, such as a convenience store or other retail or service use.

An establishment for the retail sales of fuel for motor vehicles, including, but not limited to, gasoline, diesel fuel, biodiesel, kerosene, ethanol, propane and hydrogen, and related goods and services, and may provide service and minor repairs for motor vehicles.

Excessive brightness that makes it difficult to see or that causes discomfort. Glare includes direct glare, disability glare, and discomfort glare.

Glare resulting from insufficiently shielded light sources or areas of excessive luminance within the field of view.

The effect of stray light in the eye whereby visibility and visual performance are reduced.

Glare producing discomfort. It does not necessarily interfere with visual performance or visibility.

A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane is to be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building.

The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls or a roof, plus the horizontal area of portions of the site used for customer seating, display of merchandise, or outdoor sales.

Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.

As defined in 38 M.R.S.A. § 1319-O, a waste substance or material in any physical state, designated as hazardous by the Board of Environmental Protection under 38 M.R.S.A. § 1303-C.

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.

The vertical measurement from the average grade between the highest and lowest elevation of the original ground level to the highest point of the roof beams in flat roofs; to the highest point on the deck of mansard roofs; to a level midway between the level of the eaves and highest point of pitched roofs or hip roofs; or to a level 2/3 of the distance from the level of the eaves to the highest point of gambrel roofs. For this purpose, the level of the eaves is taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves. This is not intended to include weather vanes, roof-mounted or building-integrated solar energy systems, or residential antennas that protrude from a roof, but does include all towers, excepting those utilized for amateur radio communications, and other structures. Building height restrictions do not apply to roadside utility poles approved by the Town Council of less than 45 feet in height aboveground.

The distance measured from ground level to the highest point on the tower or other structure, even if such highest point is an antenna.

The elevation of the highest predicted astronomical tide expected to occur at a specific tide station over a 40-year time period. The HAT is included in the datum available from the National Ocean Service.

A map prepared by a certified soil scientist using the guidance defined and prepared by the Maine Association of Professional Soil Scientists. The soils must be identified in accordance with the National Cooperative Soil Survey. The map must show the location of all test pits used to identify the soils, and be accompanied by a log of each sample point, identifying the textural classification and the depth to seasonal high-water table or bedrock at that point. Evaluations of single soil test pits for subsurface waste disposal do not meet the requirements for high-intensity soil surveys and are not suitable replacement.

Any structure that is:

Any activity carried out for gain by a resident of the premises with the permission of the property owner and conducted as an accessory use to the principal residential use.

A type of home occupation that fails to meet all of the standards for a minor home occupation established in § 16.5.12, but is found by the Board of Appeals to satisfy the standards established in § 16.5.12 to ensure that a business results in no more than a minor intrusion in the quality of life of residents in the surrounding neighborhood.

The least intensive type of home occupation that meets the standards established in § 16.5.12 to ensure compatibility with the surrounding neighborhood.

An institution specializing in providing inpatient and outpatient treatment and emergency services of a medical nature to human patients. A hospital may include the offices or facilities of independent service providers and/or a freestanding outpatient clinic or diagnostic facility that operates as part of, or an adjunct to, the main facility.

A building or group of buildings in which lodging or boarding and lodging capabilities are provided for more than 20 persons, and offered to the public for compensation, and in which ingress and egress to and from rooms are made primarily through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a rooming house or a motel, which are separately defined in this section.

A soil that in its undrained condition is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetland (hydrophytic) vegetation. Soils found in Kittery which may be considered hydric soils include but are not limited to Biddeford, Brayton, Chocorua, Rumney, Scantic, Sebago, Vassalboro, Naumberg, Raynham and Waskish. All hydric soils listed in the Natural Resources Conservation Service list entitled "National Hydric Soils List by State" are included for consideration in this title (http://soils.usda.gov/use/hydric/lists/state.html).

Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Hydrophytic vegetation includes plants classified as obligate wetland, facultative wetland, or facultative in the U.S. Fish and Wildlife Service publication National List of Plant Species That Occur in Wetlands: 1988 - Maine, as amended or superseded. This publication is available at the municipal offices for inspection.

For the purposes of stormwater regulation, means any discharge to the small municipal separate storm sewer system (MS4) that does not consist entirely of stormwater or authorized nonstormwater discharges.

The total area within a parcel that consists of all buildings and structures, as well as roads, driveways, and parking areas, whether paved or unpaved and any additional area that is covered with a low-permeability material such as asphalt, stone, concrete or pavers of any kind, including permeable, porous or pervious pavers, or compacted through design or use to reduce permeability.

Maps, plans, profiles, studies, cross sections and other required details for the construction of all improvements.

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, tributary stream or wetland (freshwater or coastal) 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 will not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams 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, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures. Also see "water body," "wetlands," "coastal," "wetlands, freshwater (in the Shoreland and Resource Protection Overlay Zones)" and "tributary stream" definitions.

An area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed 10 individuals and no more than one recreational vehicle, and which involves site improvements which may include but not be limited to gravel pads, parking areas, fireplaces or tent platforms.

The assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.

Activity or activities subject to National Pollutant Discharge Elimination System industrial permits as defined in 40 CFR 122.26(b)(14).

A facility and/or site used in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

A facility used in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, blending, packaging, inside an enclosed structure. Basic industrial processing, such as paper manufacturing, petroleum processing, manufacture of explosives, production of chemicals or fertilizer, are not light industrial uses.

A commercial place of lodging which contains a dwelling unit occupied by an owner or resident manager, which has 12 or fewer guest rooms, and may include a restaurant which also serves nonguests. Rentals to the same party for more than 12 weeks in a calendar year are prohibited.

A stream or brook that is without flowing surface water for at least one month of a year.

Grasses, forbs, shrubs or trees not native to the State of Maine and which proliferate in and dominate vegetation to the exclusion or elimination of native plants.

That date upon which a complete revision of the first zoning ordinances was adopted by the Town and upon which certain existing nonconforming conditions are considered to be protected (legally nonconforming).

A lot or part thereof exposed to the elements, which is used for the sale or for the storage, keeping or abandonment of junk or scrap materials, or the storage, dismantling, demolition, abandonment or sale of construction equipment or machinery, or parts thereof or of unregistered automobiles or other vehicles not in condition for use on the public highway.

A place for loading or discharging persons or goods, as from a vessel.

A vegetated area (naturally vegetated and/or landscaped) located adjacent and parallel to a road or street and designed to visually and functionally separate the roadway from the abutting property upon which it is located.

A tree with a diameter at breast height (dbh) of at least 12 inches and which does not exhibit any indicators of stress, damage, disease or decay that will limit its expected additional life to less than 20 years.

Town Council.

The vertical distance between the surface that will be illuminated by the fixture and the bottom of the light source (see "cutoff fixture" diagram).

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 Zones will be applied in the Coastal AE Zone.

A building that lines the edge of a street or other public space. Liner buildings are typically used to shield public space, like a street or sidewalk, from something less desirable to view, such as a parking garage. They can also be used to enclose a space such as protecting a courtyard from a busy street. Where allowed, a liner building must be a minimum of eight feet deep and a maximum of 14 feet deep.

For the purposes of § 16.5.11, Floodplain management, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD), or any other established datum and is used in areas where Mean Sea Level data is too far from a specific site to be practically used.

A parcel of land, legally created and recorded, having frontage upon an approved public or private street; or a tract of land legally created and recorded prior to July 13, 1977.

The area of land enclosed within the boundary lines of a lot, minus:

The number of dwelling units in a development per lot area as defined in this code. Calculations which result in a fraction of 0.5 or greater shall be rounded up to the nearest whole number. Calculations which result in a fraction less than 0.5 shall be rounded down.

The horizontal distance between the side lot lines, measured at the setback lines.

The site-based process of developing land while minimizing impacts on water resources and infrastructure. LID replicates the natural hydrology of a site.

The lowest floor of the lowest enclosed area (including basement). 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 described in § 16.5.11H.

A standard measure of light energy generated by a light source, normally reported by the manufacturer of the lamp or bulb.

For floodplain management purposes, a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. In addition, the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

For floodplain management purposes, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured housing shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. See § 16.5.15.

Cannabis. See "Cannabis" definition.

A facility licensed under 28-B M.R.S.A. Chapter 1 to purchase adult use marijuana, immature marijuana plants and seedlings from a cultivation facility, and to sell adult-use marijuana, adult-use marijuana products, immature marijuana plants and seedlings to consumers.

An adult-use marijuana store, marijuana cultivation facility, medical marijuana registered dispensary, medical marijuana caregiver retail store, marijuana manufacturing facility, or marijuana testing facility.

A facility licensed by the State of Maine to purchase marijuana plants and seeds from other cultivation facilities; to cultivate, prepare and package marijuana; to sell marijuana, marijuana seedlings, plants and seeds to products manufacturing facilities, marijuana stores, caregivers or other cultivation facilities.

Means 1) a registered Tier 1 or Tier 2 manufacturing facility, as designated by state law, or a person authorized to engage in marijuana extraction under 22 M.R.S.A. § 2423-F; or 2) a facility licensed under 28-B M.R.S.A. Subchapter 2 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.

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 marijuana plants or harvested marijuana for sale to qualifying patients.

A person or an assistant of that person registered in accordance with state law to provide care for a qualifying patient in accordance with state law.

A medical marijuana registered caregiver business operating on the property of a dwelling unit serving as the primary residence of the registered caregiver.

An entity registered under 22 M.R.S.A. § 2425-A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana plants or harvested marijuana or related supplies and educational materials to qualifying patients and the caregivers of those patients.

A public or private laboratory that is authorized and accredited in accordance with state law for the research and analysis of marijuana, marijuana products or other substances for contaminants, safety or potency.

A facility constructed for water-dependent uses, used exclusively or in part for the storing, servicing, fueling, berthing, and securing of boats.

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 place where people transfer between modes of transportation or any premises for the transient housing or parking of buses, trains or ride-sharing vehicles and the loading and unloading of passengers.

A conceptual, integrated design and infrastructure plan for the development of a master planned property, in which:

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) 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.

Establishments primarily engaged in mechanical or electronic repair or maintenance of motorized or mechanical equipment, such as, but not limited to, welding repair, small engine repair, tool sharpening, and refrigeration and air-conditioning repair, but excluding repair garages.

Any operation within any twelve-month period which removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or other like material from its natural location and to transport the product removed away from the extraction site.

Hand sampling, test boring or other methods of determining the nature or extent of mineral/earth resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

A commercial facility for the storage of consumer or business property on a rental basis in which the tenant receives the exclusive use of a storage unit or locker and can access the unit to drop off or retrieve property at designated times.

For the purposes of § 16.5.11, Floodplain management, all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions whose value is less than 50% of the market value of the structure. It also includes but is not limited to: accessory structures as provided for in § 16.5.11H(12), mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and non- structural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.

A building occupied by two or more types or categories of principal uses (for example, residential and office, or office and retail) in which any category of uses occupies at least 10% of the gross floor area of the building.

Mobile home park shall be defined according to 30-A M.R.S.A. § 4358, as amended from time to time. See § 16.5.17.

A building or group of detached or connected buildings designed, intended or used primarily to provide sleeping accommodations without cooking facilities for travelers for compensation and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge is deemed to be a motel.

A conveyance or system of conveyances designed or used for collecting or conveying stormwater [other than a publicly owned treatment works (POTW), as defined at 40 CFR 122.2, or a combined sewer], including, but not limited to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels or storm drains owned or operated by any municipality, sewer or sewage district. Maine Department of Transportation (MaineDOT), Maine Turnpike Authority (MTA), state agency or federal agency or other public entity that discharges directly to waters of the state other than groundwater. See also "regulated small MS4" and "small MS4."

Town of Kittery, Maine.

The national vertical datum, a standard established in 1929, used by the National Flood Insurance Program (NFIP). NGVD is based upon mean sea level in 1929 and has been called "1929 Mean Sea Level" (MSL).

A permit issued by the EPA or by the DEP that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

The "waters of the United States including territorial seas" as defined in the Federal Clean Water Act[1] and 33 CFR Part 328, as amended.

The total area of the parcel(s) of record subject to development minus land area identified in § 16.5.18, Net residential acreage, unless otherwise exempt in § 16.5.18D, Exemptions to net residential acreage calculations.

The number of dwelling units in a development per net residential acre. This is calculated by dividing the net residential acreage by the square feet specified as minimum land area per dwelling unit in the dimensional standards in § 16.4 for the relevant base zone or overlay zone(s) where applicable. Net residential density calculations which result in a fraction shall be rounded down to the nearest whole number.

Structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by a community, and includes any subsequent improvements to such structures.

A commercial establishment whose primary business is the buying and selling or offering to negotiate a sale of new motor vehicles, including related service activities, and has a franchise from a distributor or manufacturer. An establishment is "engaged in the business of buying, selling or offering to negotiate the sale of a vehicle" if that business buys motor vehicles for the purpose of resale, sells or offers to negotiate the sale of more than five motor vehicles in any twelve-month period, or displays or permits the display of three or more motor vehicles for sale at any one time or within any thirty-day period upon the premises, unless that person has owned and registered each vehicle for at least six months.

A single lot of record which was created prior to July 13, 1977, or subsequently created by legislative or judicial decision, which does not meet the area and/or frontage requirements of the district in which it is located; or is the result of legally authorized development created between July 13, 1977, and April 26, 1990, and became nonconforming as a direct result of the implementation of this title.

A structure that does not meet one or more of the following dimensional requirements: setbacks, yard, height, footprint or lot coverage. It is allowed solely because it was lawful when created and became legally nonconforming as a direct result of a change in the provisions of this title.

Use of buildings, structures, premises, land or parts thereof which is not allowed in the district and/or zone in which it is situated, but which is allowed to remain solely because it was in lawful existence when created or became legally nonconforming as a direct result of a change in the provisions of this title.

It was lawfully created but became nonconforming due to a change in the Town Code.

Any discharge to an MS4 that is not composed entirely of stormwater.

The line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land.

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 NGVD because of constant movement of the earth's crust, glacial rebound and subsidence, and the increasing use of satellite technology.

A house or other place in which a person or combination of persons maintains or otherwise carries out for consideration during the day a regular program which provides care for three or more children in accordance with 22 M.R.S.A. § 8401, provided that:

A facility that is licensed by the State of Maine to provide nursing care to persons who are unable to care for themselves. The facility provides long-term residential and nursing care to its residents. The facility does not provide hospital services except as incidental to the delivery of nursing care. A long-term nursing care facility does not include any facility that is defined as a residential care facility.

Any sign erected and maintained in accordance with the Maine Traveler Information Services Act, 23 M.R.S.A. § 1901 et seq., and regulations adopted pursuant to it, and which complies with the requirements of this title.

The map adopted by the municipality showing the location of public property, ways used in common by more than two owners of abutting property, and approved subdivision or site plan, and any amendments thereto adopted by the municipality or additions thereto resulting from the approval of a subdivision or site plan by the Planning Board and the subsequent filing for record of such plan.

The date upon which the Town Planner receives a complete application and issues a receipt so indicating.

Includes all dedicated portions of a parcel that has vegetated surfaces or is in an undisturbed natural state. "Open space" does not include areas occupied by a building or a parking area, except where required by the management plan in place to govern the open space and as approved by the Planning Board. Vegetated surfaces of outdoor commercial uses may be used to satisfy up to 50% of the required open space on any parcel, except those parcels within a conservation subdivision.

Usable land within or related to a development, not individually owned, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures, improvements and uses approved by the Planning Board. Such uses may include active or passive recreation or agriculture, where permitted.

Land accessible or dedicated for public use.

Dedicated land that is permanently protected from further development and remains in a natural condition or is managed according to an approved management plan for natural resource functions, e.g., forestry, agriculture, habitat protection, passive recreation, or limited uses as approved by the Planning Board as part of a conservation subdivision.

A dining area with seats and/or table(s) located outside of a restaurant, which is either: a) located entirely outside of the walls of the building of the subject business, or b) enclosed on two sides or fewer by the walls of the building with or without a solid roof cover, or c) enclosed on three sides by the walls of the building without a solid roof cover.

Areas located outside of a building or structure that are used for the delivery, handling, storage or processing of materials, goods or wastes, including areas used for the servicing, repairing, washing or fueling of motor vehicles and equipment.

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.

Any person, corporation or other legal entity having record title ownership to the property or the expressly authorized agent or designee thereof.

The extension of the wall(s) of a building above the roof eave and/or roofline.

See "tract or parcel of land."

Any public or private area, under, within or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.

A building constructed and used for the parking and storage of motor vehicles.

An unenclosed, unroofed, exterior floor-like surface, usually composed of brick, stone or concrete, situated no higher than 18 inches above ground level, accessory to a dwelling and serving as an area for outdoor living.

A stream or brook that flows continuously during the year, with at least parts of its channel holding water during seasons of normal precipitation.

Any individual, firm, corporation, municipality, quasi-municipal corporation, two or more individuals having a joint or common interest, state agency or federal agency or other legal entity.

Establishments primarily engaged in providing services generally involving the care of one's personal appearance or apparel, including, but not limited to, barbers and beauty shops, laundries, photographic studios, shoe repair, garment altering, and diaper services.

A structure built out into the water generally with piles for use as a landing place.

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

Dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind.

A small (less than 10 acres) still body of shallow freshwater.

An inspection and maintenance plan as required by rule for projects that require approval by the Maine Department of Environmental Protection (MDEP) under Chapter 500, Stormwater Management; or a plan to inspect and maintain best management practices (BMPs) and stormwater management facilities employed by a new development or redevelopment, not subject to MDEP Chapter 500 rules, to meet the stormwater standards of this Code.

Available and feasible, considering cost, existing technology, and logistics, based on overall project purposes.

Legally existing prior to December 21, 1997, wireless communication system facility (WCSF), towers/antennas and alternative tower structures. Enlargements of WCSF, accessory use towers/antennas legally existing prior to December 21, 1997, must conform to the requirements of this title.

For the purposes of stormwater regulation, means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips, located within the municipality from which discharges into the storm drainage system are or may be created, initiated, originated or maintained.

A person or an employee of that person, a licensed hospice provider or licensed nursing facility that provides care for a qualifying patient and is registered under 22 M.R.S.A. § 2425 and receives Board of Appeals approval for a major home occupation.

The primary building on a lot or a building that shelters or encloses the principal use on a lot.

The primary structure on a lot or a structure that supports, shelters or encloses the principal use on the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

The primary or predominant use. An activity that is conducted in conjunction with the principal use and such activity that either constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or is commonly associated with the principal use and integrally related to it, is regarded as "accessory to the principal use." An accessory to the principal use is regarded as incidental or insubstantial if it is both incidental and insubstantial in and of itself, and in relation to the principal use. Quantitative measures for consideration in this determination include the percentage and total amount of square footage attributed to the accessory to the principal use and sales or income derived from the accessory to the principal use.

A building which is owned and used as a meeting place for private or semiprivate social organization and clubs such as grange halls, fraternal organizations, religious institutions, etc., in which the principal use is exclusively for members. Rental of the facilities to outside groups is clearly incidental to the principle use and shall not significantly increase the intensity of the use of the site, especially regarding parking.

A structure which is owned and/or used by a private group, club, association or other legal entity's organization, and is used by its members only, and has frontage on navigable water, and as its principal use provides offshore moorings and/or docking facilities for vessels for use by its members and/or guests. The private marina may also provide accessory boating services. These accessory boating services may be provided to the boating public, members or guests.

In any case where aboveground electrical utilities are approved, the plan is to be designed to avoid human residences as distant as possible without prohibitive cost.

Any area where large numbers of individuals collect to participate or to observe programs of participation.

Any facility, including, but not limited to, buildings, property, recreation areas and roads which are owned, leased or otherwise operated, or funded by a governmental body or public entity.

A building or buildings and its associated grounds which is principally used to conduct educational classes including public and private elementary schools and nursery schools, including postsecondary schools, but not including commercial schools.

As defined in 35-A M.R.S.A. § 102, as amended.

Buildings, structures, and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water and sewer, to the public, excluding solar energy systems. This definition excludes solar energy and energy storage systems.

A person who is certified by Enviro-Cert International in erosion and sedimentation control practices or is certified by completing the Maine Department of Environmental Protection Erosion and Sedimentation Control Practices Workshop, or is a Maine professional engineer with at least two years' experience in designing erosion and sedimentation control BMPs.

A person who conducts post-construction stormwater management facilities inspections for compensation and who has received a Certification in Inspection and Maintenance of Stormwater BMPs from the Maine Department of Environmental Protection or is a professional engineer in the State of Maine with an understanding of stormwater infrastructure and its required maintenance.

The following soil series as described and identified by the National Cooperative Soil Survey: Alluvial, Cornish, Charles, Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney, Saco, Suncook, Sunday and Winooski.

The use of a building for play, sports, games, fitness, and other similar diversions operated as a business and open to the public for a fee.

The use of a land outside of a fully enclosed building, as defined, for play, sports, games, and other similar diversions operated as a business and open to the public for a fee.

Outdoor recreational activities which have a low impact on the environment and neighborhood and require no motorized vehicles, significant earthmoving or substantial structures, such as hiking, fishing, canoeing, hunting, cross-country skiing, and wildlife observation and study. Benches and boardwalks, steps, railings and other structures necessary to provide safe accessibility for physically handicapped persons are allowed.

A facility open to the general public, for no charge or a subsidized charge, where organized recreational or athletic activities and events are held.

Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

A vehicle or an attachment to a vehicle designed to be towed, hauled, or driven and is primarily designed as temporary living accommodations for one or more persons. The vehicle must be registered with the State Division of Motor Vehicles.

For the purposes of § 16.5.11, Floodplain management, a vehicle that is:

Any lot or parcel of land upon which two or more sites are located, established, or maintained for occupancy by recreational vehicle for a fee as temporary living quarters for recreation or vacation purposes.

Any small municipal separate storm sewer system (MS4) regulated by the State of Maine general permit for the discharge of stormwater from small municipal separate storm sewer systems, dated July 2013 ("general permit"), renewed October 15, 2020, modified November 23, 2021, and any amendment or renewal thereof; including all those located partially or entirely within an urbanized area (UA) and those additional small MS4s located outside an UA that as of the issuance of the general permit have been designated by the DEP as regulated small MS4s. The Town of Kittery is a regulated small MS4.

A structure of place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

An establishment providing for the repair or servicing of motor vehicles. A repair garage does not include activities that are defined as mechanical service or a junkyard.

A business providing for the repair of personal or small business property, such as radios and televisions, household or office electrical or electronic equipment, watches, clocks and jewelry, furniture and upholstery, sporting equipment, and similar items, but not including items included under mechanical services or automotive services and repair.

A system intended to replace:

A building or group of buildings in which are located facilities for technical or scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the facility.

A house or other place that, for consideration, is maintained wholly or partly for the purpose of providing residents with assisted living services. Residential care facilities provide housing and services to residents in private or semiprivate bedrooms in buildings with common living areas and dining areas. "Residential care facility" does not include a licensed nursing home or supportive living arrangement certified by the state.

A type of residential accommodation in a residential care facility that has private sleeping and bathroom facilities but does not have permanent complete cooking facilities within the unit. The occupant of a residential care unit typically eats all or most of meals in a shared dining room. Residential care units may have a portable or removable kitchen or partial kitchen facilities such as a refrigerator and microwave oven. A residential care unit may be a unit with a separate bedroom, a suite or a room. A residential care unit is distinct from a dwelling unit that is defined separately.

A pier and/or ramp and float system which is used in common by lot owners or residents of a subdivision or residential planned development. The purpose is to provide waterfront access to the owners of lots in a residential development that has the potential for more than one waterfront lot. The object is to minimize the number of piers, ramps and floats resulting from new development.

A pier and/or ramp and float system which is used for the residential home occupation workers in an approved functionally water-dependent home occupation (minor or major) in addition to its customary residential accessory use.

A pier and/or ramp and float system which is used by the owners of not more than four residential shorefront lots, at least one boundary of whose building lot lies within 1,000 feet of the lot on which the joint/shared-use pier is constructed.

A pier and/or ramp and float system which is used by the owner(s) of a single residential shorefront lot.

An establishment where food or food and drink are prepared and sold for consumption on the premises by the public and includes cafes, coffee shops and similar establishments that serve food.

The division of an existing subdivision or any change of lot size therein or the relocation of any street or lot in a subdivision, or any changes thereto.

Any business engaged primarily in the sale of goods for personal or household consumption and/or use, and not for resale. The term "retail sale" does not include specific types of retail uses that are individually listed in § 16.4.

A retail establishment primarily engaged in selling lumber and other building materials; paint, glass, floor covering and wallpaper; hardware, drapery and upholstery; flowers and/or nursery stock, lawn and garden supplies; modular homes and mobile homes.

A retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items (in contrast to a grocery store). It is designed to attract and depends upon a large volume of stop-and-go traffic. Supplementing these uses with accessory gasoline sales requires additional parking and traffic considerations.

A platted and dedicated access route normally to back lot(s); and as approved by the Planning Board and recorded in the York County Registry of Deeds.

Rocks, irregularly shaped, and at least six inches in diameter, used for erosion control and soil stabilization, typically used 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.

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

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 driveways.

A residential use in which the owner or manager of the facility resides on the premises and in which more than three persons who are not part of the owner's manager's family are housed in rooms for compensation with or without meals. This includes fraternities and sororities.

Areas along coastal waters (most often along coastal bays) which support salt-tolerant species, and where, at average high tide during the growing season, the soil is regularly inundated by tidal waters. The predominant species is salt marsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass and Sago pondweed.

Areas which 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 which 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 tree species that is less than two inches in diameter at four and one-half feet above ground level.

A facility where logs are cut into boards or timbers; a mill or machine for sawing logs or producing firewood that is in operation on a permanent basis. Sawmill operations may be subject to state regulations.

A facility where logs are cut into boards or timbers, a mill or machine for sawing logs or producing firewood that is in operation for a cumulative duration of two months or fewer in any twelve-month period. Sawmill operations may be subject to state regulations. This definition does not include the use of handheld chainsaws.

A method of significantly reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.

Either: 1) a strip of at least 10 feet wide, densely planted (or having equivalent natural growth) shrubs or trees at least four feet high at the time of planting, of an evergreen type that will grow to a year-round dense screen at least six feet high in three years; or 2) an opaque wall or barrier of uniformly colored fence at least six feet in height. Screening of either type must be maintained in good condition at all times.

A young tree species that is less than four and one-half (4.5) feet in height above ground level.

See "subsurface wastewater disposal system."

Any utility line extension which does not cross or run beneath any portion of a water body, provided that:

The minimum horizontal distance from an identified object, line, boundary or feature to the nearest part of a regulated object, use or feature. (Note: See Chapter 16.1 for setbacks from water bodies and wetlands. See § 16.7.8 for applying setbacks in special situations.)

The minimum horizontal distance allowed from the upland edge of a wetland and/or from the normal high-water line of the water body to the nearest part of a structure, roads, parking areas, or other regulated activities. See Table 16.5.30, Minimum Setbacks from Wetlands and Water Bodies, for required horizontal distances, and § 16.7.8 and § 16.8.7 for applying setbacks in special situations. Adjacent to tidal waters, setbacks are measured from the upland edge of the coastal wetland as measured from the landward limits of salt tolerant vegetation or the highest astronomical tide (HAT), whichever is more restrictive, including all areas affected by tidal action. For properties in the Shoreland, Resource Protection or Stream Protection Overlay Zones, see the appropriate overlay zone's section in § 16.4, Land Use Zone Regulations, for additional information.

An establishment occupied by a business or craftsperson in a skilled trade, including, by way of example only, plumbing, carpentry or electrical work. Not more than 10 people may be employed at and/or work from the shop. The shop may include work space, storage space and/or office space. A shop in pursuit of trades does not include "construction services," which is separately defined.

A physical location that combines a business's retail functions and its warehouse or distribution activities into one building. These facilities provide customers options for viewing goods and placing orders online or on-site. Products are stored and orders are processed on-site.

The width of a lot as it fronts the shore as measured in a straight line between the point of intersection of the side lot lines with the shoreline at normal high-water elevation.

A plan for any development extending into or within 100 feet of the upland edge of a coastal wetland, or into or within 100 feet of the upland edge of a fresh water wetland shown on the Zoning Map, including but not limited to public and private access paths; piers, ramps and floats; storage of boats and/or floats; clearing of vegetation, visual impact and controls to assure continuing conformance to the plan.

Those land areas designated under Title 16 as being in the Shoreland, Resource Protection, Stream Protection or Commercial Fisheries/Maritime Uses Overlay Zones. This term may also be used to collectively describe any land area under one or more of these overlay zones.

The normal high-water line or upland edge of a wetland.

Any structure or part of the structure attached thereto or painted or represented thereon, which displays or includes any letter, word, model, banner, flag, pennant, insignia, trade name, trademark, logo, device or representation used as, or which is in the nature of, any announcement of the purpose of a business, entity or person, direction or advertisement. The term "sign" does not include a flag.

The enclosed space within a geometric figure which contains the advertising message, illustration, insignia or display, together with any frame, color or other material which comprises the display and is used to differentiate or draw attention to the sign and away from the background. Each face of a sign is considered a separate sign for area computations, but supporting brackets and posts are not included.

Any sign or portion thereof designed to allow characters, letters and numbers on the face of the sign to be changed or rearranged.

Any sign supported by a structure or supports that are permanently anchored in the ground and that is independent from any building.

Any sign advertising real estate for sale, lease or rent.

A sign that is intended to remain where it is erected or placed for a period of time not to exceed 21 days in any calendar quarter.

A portable sign mounted on a chassis and wheels or supported by legs.

Any MS4 that is not already covered by the Phase I MS4 stormwater program including municipally owned or operated storm sewer systems, state or federally owned systems, such as colleges, universities, prisons, Maine Department of Transportation and Maine Turnpike Authority Road systems and facilities, and military bases and facilities. The Town of Kittery is a small MS4.

A soil's drainage class must be determined by a Maine-certified soil scientist and based on the most recent Natural Resources Conservation Service Supplemental Key for the Identification of Soil Drainage Class that reflects the Maine Association of Professional Soil Scientists, Key to Drainage Classes. The key includes, among other terms, the following:

Space open to the sun and clear of overhangs or shade so as to permit either or both the use of active and passive solar energy systems on individual properties.

A solar photovoltaic cell, panel, or array or solar thermal collector device that relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

Photovoltaic materials that are used to replace conventional building materials in parts of a building envelope.

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic apparatuses associated with the production of electricity.

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

An active solar energy system that is structurally mounted to the ground and is not roof-mounted nor a component of a building; may be of any size (small-, medium- or large-scale).

An active solar energy system whose physical size based on total airspace projected over the ground is greater than 5,000 square feet.

An active solar energy system whose physical size based on total airspace projected over the ground is greater than 1,000 square feet but less than or equal to 5,000 square feet.

An active solar energy system that is mounted on the roof of a building or structure.

An active solar energy system whose physical size based on total airspace projected over the ground is equal to or less than 1,000 square feet.

A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as special exceptions, if specific provision for such special exceptions is made in Chapter 16.4.

A use that, because of its potential impact on surrounding areas and structures, is permitted only upon review and approval by the Planning Board pursuant to § 16.5.11I(2).

See "flood, area of special flood hazard."

A facility wherein food and/or beverage is produced, sold on a wholesale and/or retail basis, distributed, and/or consumed on the premises. This may include, but not be limited to, a brew pub, microbrewery, coffee roaster and/or other facilities producing crafted alcoholic or nonalcoholic beverages and/or artisan food.

The date the building/regulated activity 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" 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 a manufactured 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, footings, 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.

The entire Town's storm drainage system.

Any stormwater runoff, snowmelt runoff, and surface runoff and drainage.

That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. For any building that contains no floors in the vertical plane, every 10 feet or portion thereof counts as a floor.

Any story having its finished floor surface entirely above grade, except that a basement is considered as a story above grade where the finished surface of the floor above the basement is:

A free-flowing body of water formed from the confluence of two perennial streams as depicted 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 Wetlands Inventory Map. This free-flowing body of water continues to the point where the stream becomes a river or to where the stream meets the shoreland zone of another water body or wetland (either freshwater or coastal). When a stream meets the shoreland zone of a water body or wetland and an outlet channel forms downstream of the water body or wetland, that channel is also a stream.

In simplest terms, a body of water running or flowing, either continually (also known as a perennial stream or brook) or intermittently/seasonally (also known as an intermittent stream or brook), on the surface of land or as a channel in which such a flow occurs. For a detailed definition, see 38 M.R.S.A. § 480-B, Subsection 9 under the State's Natural Resources Protection Act.

A way established or maintained under public authority, or a minimum forty-foot-wide private way constructed to Town standards as contained in Chapters 16.5 and 16.8, approved by the Planning Board and plotted, dedicated and recorded, or a way shown on a plan of a subdivision duly approved by the Planning Board. Also included are such ways as alleys, avenues, boulevards, highways, roads, streets and other rights-of-way.

A continuous portion of a boundary of a lot which abuts a street, ordinarily regarded as the front of the lot. When a lot is bounded by more than one street, any one of them, but only one, may be designated as the frontage street by the owner, provided that the lot meets the frontage requirement on that street, front, side and rear yard setbacks, and that the principal building is numbered on that street.

The exterior line of a street right-of-way which separates it from abutting lots.

Any work which requires or contemplates any changes to the structural capabilities of a building.

Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, or anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground. The term includes decks. The term does not include fences less than eight feet in height, nor any required by the Planning Board or Town Planner to be taller; flagpoles no higher than 50 feet in height; signs located in conformance with § 16.5.23; and electricity generators and propane and oil tanks for residential use only and the pads on which they are located, provided the pad is less than 20 square feet in size and the tank or generator and the pad are no closer to the resource in the Shoreland, Resource Protection or Stream Protection Zones than the principal structure.

For floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.

Any person, firm, corporation or other legal entity making application for the subdivision of land or buildings within the Town.

The division of a tract or parcel of land into three or more lots within any five-year period that begins on or after September 23, 1971. This definition applies whether the division is accomplished by sale, lease, development, building or otherwise. The term "subdivision" also includes the division of a new structure of structures on a tract or parcel of land into three or more dwelling units within a five-year period, the construction or placement of three or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into three or more dwelling units within a five-year period, as set forth in 30-A M.R.S.A. § 4401, as amended.

The final drawings on which an applicant's plan of a subdivision is presented to the Planning Board for approval and which, if approved, must be filed for the record with the Municipal Clerk and York County Registry of Deeds.

The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

Any subdivision containing more than four lots or any subdivision requiring any new public street extension or the extension of public or municipal facilities.

A subdivision containing not more than four lots.

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% of the assessed value of the structure before the damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any system designed to dispose of waste or wastewater on or beneath the surface of the earth. These include, but are not limited to, septic tanks, disposal fields, holding tanks, pretreatment filters, piping, or any other fixture, mechanism or apparatus used for such purposes. This definition 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. (See also "wastewater" and "domestic wastewater.")

A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

A structure which by type and materials of its construction is erected for not more than 30 days with a permit from the CEO. Such structures include tents, portable bandstands, bleachers, reviewing stands, a mobile home, tractor trailers or structures of a similar character. Temporary structures erected in conjunction with licensed circuses are not construed to be temporary structures under this title.

A building or portion of a building for the showing of motion pictures or the presentation of dramatic, musical or other live performances.

An open lot devoted primarily to the showing of motion pictures and theatrical productions on a paid admission basis to patrons seated in automobiles.

Portions of the submerged and intertidal lands that have been rendered by human activity to be no longer subject to tidal action or below the natural low-water mark after October 1, 1975.

All waters where the high-water line is affected by the ebb and flow of tidal action.

The cutting or removal of timber for the primary purpose of selling or processing forest products. "Timber harvesting" does not include the cutting or removal of vegetation within the shoreland zones (Shoreland, Resource Protection and Stream Protection Overlays) when associated with any other permitted land use activities.

Any structure, whether freestanding or in association with a building or other permanent structure, that is designed and constructed primarily for the purposes of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and similar structures.

All contiguous land in the same ownership, except those lands located on opposite sides of a public or private street are considered separate tracts or parcels of land unless the street was established by the owner of land on both sides of the street after September 22, 1971.

Land and buildings used as a relay station for the transfer of a load from one vehicle to another. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.

That portion of a road or driveway designed for vehicle travel. Where a road or driveway surface is paved, the traveled way is that portion of the road surface between the edges of the paved width.

A woody perennial plant with a well-defined trunk(s) at least two inches in diameter at four and one-half 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, whether intermittent or perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil, containing waterborne deposits on exposed soil, parent material or bedrock, and which flows to a water body or wetland as defined. This definition does not include the term "stream" as defined elsewhere in this title and only applies to that portion of the tributary stream located within the shoreland or resource protection overlay zones of the receiving water body or wetland.

The boundary between upland and wetland. For purposes of a coastal wetland, this boundary is formed by the landward limits of salt tolerant vegetation or the highest astronomical tide (HAT), whichever is more restrictive. See "wetland, coastal" for the definition. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a time period 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 20 feet tall or taller; whichever is more restrictive. See "wetland, freshwater (in Shoreland and Resource Protection Zones)" for detailed definition.

The areas of the State of Maine so defined by the inclusive sum of the 2000 decennial census and the 2010 decennial census by the U.S. Bureau of the Census.

A lot exposed to the elements which is used for the sale of secondhand automobiles or trucks which can pass the state inspection tests in their existing conditions.

All live trees, shrubs, ground cover and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 4 1/2 feet above ground level.

Either or both a written document and site plan that includes short- and long-term site management practices that will provide and maintain native and naturalized vegetation, and in the instances of a dual-use application, the reestablishment of prime agricultural land in the instance fertile land becomes discontinued from agricultural production to accommodate the solar energy system.

Vegetation that is native to Maine and does not include invasive species.

A commercial establishment, operated by a licensed veterinarian, for the medical and surgical care of sick or injured animals.

The volume of all portions of a structure enclosed by roof and fixed exterior walls, as measured from the exterior faces of these walls and roof.

Premises where goods or materials are stored in an enclosed structure or in specific outdoor areas.

Any unwanted or discarded substance or material, whether or not such substance or material has any future use, and includes any substance or material that is spilled, leaked, pumped, poured, emitted, disposed of, emptied, or dumped onto the land or into the water.

Any domestic wastewater, or other wastewater from commercial, industrial or residential sources that has attributes similar to those of domestic wastewater. This term specifically excludes hazardous or toxic wastes and materials. (Applicable only to Title 16. If there is a conflict with the definition of "wastewater" in Title 13, the Title 13 definition takes precedence.)

Any wastewater produced by ordinary living uses, including liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or other source of water-carried wastes of human origin.

A structure which is used by a business entity, Port Authority or municipality having frontage on navigable water and, as its principal use, provides for hire to the general public offshore mooring and/or docking facilities for vessels used for any marine-related commercial, industrial or fisheries use

Any pond, brook or stream (either perennial or intermittent). See "wetland, coastal" for tidal waters.

Any project extending from one bank to the opposite bank of a water body, whether under, through or over the watercourse. Such projects include but may not be limited to roads, fords, bridges, culverts, waterlines, sewer lines and cables, as well as maintenance work on these crossings.

See "functionally water-dependent use."

Areas that under normal circumstances have hydrophytic vegetation, hydric soils and wetland hydrology, as determined in the Corps of Engineers Wetlands Delineation Manual — Waterways Experiment Station Technical Report Y-87-1, January 1987 (1987 manual). This definition of wetland is based on the 1987 manual and is not subject to further revisions and/or amendments.

Filling, dredging, removal of vegetation, muck or debris, draining or otherwise changing the hydrology; construction or repair of a structure. On a case-by-case basis and as determined by the Planning Board, the term "alteration" may exclude:

All tidal and subtidal lands; including all lands 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 which is subject to tidal action known as the highest astronomical tide, as identified in tide tables published by the National Ocean Service. Cobble and sand beaches, mudflats, and rocky ledges, below the highest astronomical tide, are all considered to be coastal wetlands. Coastal wetlands may also include portions of coastal sand dunes.

Conversion of a nonwetland area into a wetland, where a wetland never existed.

An activity increasing the value of one or more functions in an existing wetland. Activities may also include improvements to upland buffers where timber harvesting or other activities have degraded the value for wildlife.

The roles wetlands serve which are of value to society or the environment, including, but not limited to, floodwater storage, floodwater conveyance, groundwater recharge and discharge, erosion control, wave attenuation, water quality protection, scenic and aesthetic use, food chain support, fisheries, wetland plant habitat, aquatic habitat and wildlife habitat.

In general terms, a condition where permanent or periodic inundation or prolonged soil saturation is sufficient to create anaerobic conditions in the soil. According to the 1989 manual, inundation or saturation for one week or more during the growing season and a water table within at least 18 inches of soil surface is required to meet the wetland hydrology criterion.

The maintenance of an area of wetlands or adjacent upland so that it remains in a natural or undeveloped condition. Preservation measures include, but are not limited to, conservation easements and land trusts.

An activity returning a wetland from a disturbed or altered condition with lesser acreage or fewer functions to a previous condition with greater wetland acreage or function.

A freshwater wetland that exhibits certain characteristics described by the State of Maine in 06-096 CMR Chapter 310.

The importance of a wetland with respect to the individual or collective functions it provides.

Those plants classified as obligate, facultative wetland or facultative in the U.S. Fish and Wildlife Service publication, Wetland Plants of the State of Maine, 1986, as amended or superseded.

All tidal and subtidal lands; all lands below any identifiable debris line left by tidal action; all lands 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 which is subject to tidal action during the maximum spring tide level as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.

A fresh water wetland dominated by woody vegetation that is 20 feet tall or taller.

Noncoastal types of wetlands, including, but not limited to, freshwater swamps, marshes, bogs and similar areas.

Wetlands contiguous with or adjacent to a river, and which during normal high water are connected by surface water to the river. Also included are wetlands which are separated from the river by a berm, causeway or similar feature less than 100 feet in width, and which have a surface elevation at or below the normal high-water line of the river. Wetlands associated with rivers are considered to be part of that great pond or river.

Any disturbance, including but not limited to filling, dredging, draining, bridging and cutting or clearing of vegetation in the wetland and buffer areas.

A structure on the shore, parallel to the shoreline of navigable waters, alongside of which vessels can be brought for loading or unloading.

The sale of goods not produced on the premises primarily to customers engaged in the business of reselling the goods.

Any structure, antenna, tower or other device which provides radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common carrier wireless exchange access services, and personal communications service (PCS) or pager services, and associated development. Telecommunications facilities are considered a principal use.

Activity related to physical change for improvements and not the engineering, production or correction of construction drawings, or real estate marketing.

In the R-RL, R-U, R-S and B-L Zones, accessory building side and rear yard setbacks that are at least 10 feet, except no building may be closer than 30 feet to a principal building on an adjoining lot.

An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting not more than 24 inches, on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot as it abuts along a public or private street.

An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting not more than 24 inches, on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.

An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting not more than 24 inches, on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line will be deemed a side line.