The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The word "dwelling" includes the word "residence." In the case of any difference of meaning or implication between the text of this chapter and any map or illustration, the text shall control. Terms not defined shall have the customary dictionary meaning.

Accessory dwelling unit means a residential living unit that is within or attached to a single family dwelling, or is located in a detached structure and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.

Accessory use or structure means:

(1)

A use or structure of a nature customarily incidental and subordinate to those of the principal use or structure, except as defined in subsection of this definition.

(2)

Petroleum fuel storage facilities not used in the marketing or distribution of fuel to others. This accessory use is not applicable in the Aquifer Protection Overlay District.

Agriculture means the production, keeping or maintenance for sale or lease of plants and/or animals, including but not limited to forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables, and ornamental and greenhouse products. Agriculture does not include forest management and timber harvesting activities.

Alterations means any change, addition or modification in construction or any change in the structural members of a building, such as bearing walls, columns, beams or girders.

Animal feedlot means a plot of land on which 20 livestock or more per acre are kept for the purposes of feeding.

Aquifer means geologic formation composed of rock or sand and gravel that contains significant amounts of potentially producible potable water.

Arterial street means a public roadway classified on the most recent functional classification map generated by the Maine Department of Transportation as a major or minor arterial street. These are streets which serve primarily as major trafficways for travel between and through towns. Route 9, Route 125, and Route 196 are Arterial Streets.

Auditoriums, gymnasiums, theaters, places of amusement, or places of assembly means facilities designed to accommodate the public for amusement, entertainment, recreation or social activities including halls, sports arenas, skating and hockey rinks, meeting rooms, and similar facilities.

Auto repair garage means a place where, with or without the attendant sale of engine fuels, the following services may be carried out:

(1)

General repair, engine rebuilding, transmission repairs, rebuilding or reconditioning of motor vehicles;

(2)

Collision service, such as glass replacement, body, frame or fender straightening and repair;

(3)

Overall painting and undercoating of automobiles;

(4)

Repair garages shall include muffler shops, brake shops, body shops, paint shops, and tune up centers.

Auto service station means a place where gasoline, or any other automobile engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) are related directly to the public on the premises; including the sale of minor accessories and the servicing and minor repair of automobiles, not including body, frame or fender straightening and repair.

Automobile sales means an establishment primarily engaged in the retail sales of automobiles together with accessory repair, service and parts facilities, which are incidental to the sales operation.

Aviation means the design, development, production, operation and use of aircraft.

Basal area means the area of cross-section of a tree stem at four and one-half feet above ground level and inclusive of bark.

Basement means any portion of a structure with a floor-to-ceiling height of six feet or more and having more than 50 percent of its volume below the existing ground level.

Boarding house means an establishment where meals are regularly prepared and served for compensation for three or more persons and where most of the food is placed upon the table family style, without service or ordering of individual portions from a menu, and also where lodging units are sometimes available.

Building means a structure designed or intended for the shelter or protection of persons, animals, chattels or property.

Building height means the vertical distance between the highest point of the roof and the average grade of the ground adjoining the building.

Campground means any premises established for overnight use for the purpose of temporary camping, and for which a fee is charged.

Canopy means the more or less continuous cover formed by tree crowns in a wooded area.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow is water flowing within the limits of the defined channel.

Chemical reclamation means a facility that processes chemicals for the purpose of recycling or reusing the chemical or a chemical derived from the chemical.

Chemical bulk storage means the storage of chemicals in containers having a capacity of 30 gallons or more when the total stored is greater than 250 gallons in any one room or greater than 500 gallons in aggregate at the facility. (Does not include petroleum products stored on site for heating purposes).

Childcare center. A house or other place in which a person or combination of persons, maintains or carries out a regular program, for consideration, for any part of a day providing care and protection for thirteen (13) or more children under thirteen (13) years of age, or any location or locations operated as a single childcare program or by a single person or persons when there are more than twelve (12) children being cared for.

Childcare, small facility. A house or other place in which a person or combination of persons, maintains or carries out a regular program, for consideration, for any part of a day providing care and protection for 3—12 children under 13 years of age.

Club means a not-for-profit organization of a charitable, philanthropic, social or fraternal nature organized under the laws of the State of Maine.

Cluster housing means a method of arranging buildings on a lot designed to maximize open space, natural terrain, and minimize the area devoted to structures and other accessory uses on a lot.

Code enforcement officer means a person appointed by the town officers to administer and enforce this chapter. Reference to the code enforcement officer may be construed to include building inspector, plumbing inspector, electrical inspector and the like where applicable.

Collector street means a public roadway that complies with the standards in Table 70-618 and is classified on the most recent functional classification map generated by the Maine Department of Transportation as a collector street. These streets serve as feeders to arterial streets, as collectors of traffic from minor streets and for circulation and access in commercial and industrial areas. Bowdoinham Road, Burrough Road, Edgecomb Road, Ferry Road, Fisher Road, Frost Hill Avenue, Gould Road, King Road, Littlefield Road, Pine Woods Road, Store Road, Summer Street, Upland Road, Webster Road and Wing Street are Collector Streets.

Conditional use means a use permitted only after review and approval by the planning board. A conditional use is a use that would not be appropriate without restriction but which, if controlled under the provisions of this chapter, would promote the purposes of this chapter. Such uses may be permitted if specific provision of such conditional use is made in this chapter.

Conditional use permits means a permit authorized by the planning board for a conditional use. A conditional use permit may be issued only after the application has followed the procedures of this chapter.

Conforming use means a use of buildings, structures or land which complies with all applicable provisions of this chapter.

Conservation/recreation means outdoor conservation and recreational uses such as trails, greenways, hunting, fishing, parks, game management, tent camping and picnic areas.

Constructed means built, erected, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage and the like shall be considered a part of construction.

DBH means the diameter of a standing tree measured four and one-half feet from ground level.

Dead end street means a street with a single common ingress and egress.

Development means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring.

Disability means any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental condition 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.

Diversified development district transition subdistrict means an area comprising the land area within 250 feet from the three access points from Route 196 to the diversified development district measured along existing or proposed travel ways within the district.

Domestic pets means a tame animal which is normally kept within the confines of a dwelling unit such as a dog or cat. This does not include horses, ponies or chickens.

Driveway means a route that provides access to no more than two lots from either a public or private right-of-way. A driveway shall not be used to provide lot frontage.

Dwelling unit means a room or group of rooms designed and equipped exclusively for use as living quarters for only one family, including provisions for living, sleeping, cooking and eating. The term shall include mobile homes but shall not include trailers or recreational vehicles.

Essential services means:

(1)

Gas, electrical or communication facilities;

(2)

Steam, fuel, electric power or water transmission or distribution lines, towers and related equipment;

(3)

Telephone cables or lines, poles and related equipment;

(4)

Gas, oil, water, slurry or other similar pipelines;

(5)

Municipal sewer lines, collection or supply systems; and

(6)

Associated storage tanks.

Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants, and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

Family means one or more persons occupying premises and living as a single housekeeping unit.

Farm means an area which is used for the growing of farm products such as vegetables, fruit, trees and grain and their storage on the area, as well as for the raising on the area of farm poultry and farm animals. The term "farming" includes the operating of such an area for one or more of these uses.

Feed lots means contained areas in which livestock is kept in concentrated conditions generally for the purposes of fattening prior to slaughter. One hundred or more animals in concentrated conditions is considered a feed lot.

Fertilized fields, agriculture means fields for the growing crops, hay, or other grasses for the purposes of feeding humans, animals, livestock, or for the production of biomass and to which nutrients either in the form of chemicals or manures are applied for the purposes of stimulating growth.

Filling means depositing or dumping any matter on or into the ground or water.

Fireproof building means a building or structure in which walls, partitions, structural elements, floors, ceilings and roofs, and the exitways are constructed and protected with noncombustible materials.

Flock means a group of fowl or birds, such as chickens, ducks or geese, which shall not exceed 20 in number.

Flood means a temporary rise in tidal surge that results in water overtopping its banks and inundating adjacent areas.

Flood, regional means the maximum known flood of a water body, either the 100-year frequency flood, where calculated, or the flood of record.

Floodplain means the lands adjacent to a water body which have been or may be covered by the regional flood.

Floodproofing means a combination of structural provisions, changes or adjustments to properties subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings.

Floodway means the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream.

Floor area means the sum of the horizontal areas of the floors of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.

Floor area ratio means the ratio of the sum of the floor area of all stories, including attic and basement, of a building or group of buildings on one lot to the total lot area.

Forest management activities means timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

Forested wetlands means wetlands dominated by woody vegetation which are six meters (19.7 feet) tall or taller. They have the same hydrological and biological characteristics as freshwater wetlands.

Freshwater wetland means freshwater swamps, marshes, bogs and similar areas which are:

(1)

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

(2)

Inundated or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.

Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition. For the purposes of this chapter, the upland edge (the shoreline) of a freshwater wetland is defined as the boundary line at which the hydrological and biological characteristics in subsection (2) of this definition no longer occur or where the wetland becomes a forested wetland. Although wetlands are shown on the official shoreland zoning map, the actual boundaries shall be determined by field investigation.

Frontage, shore means the horizontal distance, measured in a straight line, between the intersections of the side lot lines with the shoreline at normal high water elevation.

Frontage, street means the horizontal distance between the intersections of the side lot lines with the front lot line.

Gasoline service establishment means buildings and premises where gasoline, automobile accessories and food may be sold at retail and where routine servicing may be made. Uses permissible at a gasoline service establishment do not include the operation of a commercial parking facility, major engine repairs or the sales, leasing or renting of vehicles or equipment.

Gasoline station means a facility designed for the sale and distribution gasoline or diesel fuel to motor vehicles on a retail basis. Also commonly called a filling station. (Distribution of fuel oil for the owners use or for wholesale purposes is considered petroleum storage).

Grade means in relation to buildings, the average of the finished ground level at the center of each wall of a building.

Ground cover means small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.

Groundwater means all the water found beneath the surface of the ground. In this chapter, the term refers to the slow-moving subsurface water present in aquifers and recharge areas.

High-intensity farming means the raising of poultry or livestock in numbers exceeding the normal limitations of the land to provide sustenance, as in the case where animals are confined to buildings or feedlots.

Home occupation means an occupation or profession which is:

(1)

Customarily carried on in a dwelling unit or structure accessory to a dwelling unit;

(2)

Carried on by a resident of the dwelling; and

(3)

Clearly incidental and secondary to the use of the dwelling unit for residential purposes.

(4)

Very limited auto, other vehicle or equipment repair facilities for recreational vehicles that require registrations (not sales) may be considered within this category but only as defined further in within the Home Occupations section of this ordinance.

Impervious surface means those areas that prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development. Impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots storage areas, compacted gravel surfaces, and other surfaces that prevent or impede the natural infiltration of stormwater runoff which existed prior to development.

Impervious surface ratio means the ratio of the total area of a parcel covered by impervious surface to the total lot area.

Increase in nonconformity of a structure means 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 setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, 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.

Industrial demanufacturer means a facility where products are either wholly or partially disassembled into component parts generally for the purposes of reuse or recycling of at least one of the components.

Junkyard means a lot or part of a lot, which is used for the storage or sale of secondhand products or materials, such as automobile parts, tires, building supplies, appliances, and the like or three or more motor vehicles, as defined by state law, which do not display a valid state inspection sticker and valid state registration.

Leachable wastes means waste materials including solid waste sludge, and agricultural wastes that are capable of releasing waterborne contaminants to the surrounding environment.

Light manufacturing use means the repair, assembly or fabrication of articles which use emits no atmospheric pollution, no noxious smells beyond the lot lines, and no noise greater than 80 dB(a), beyond the lot lines for a period no longer than ten daytime hours.

Local street means a street designed for public acceptance or a public roadway shown on the most recent functional classification map generated by the Maine Department of Transportation as a local street providing direct access within identifiable neighborhoods and lands, where through traffic is usually discouraged.

Lot means a parcel of land or a contiguous group of such parcels united by a common ownership.

Lot area means the total horizontal area within the lot lines.

Lot coverage means the percentage of the lot covered by all buildings.

Lot coverage ratio means the ratio of that area of the lot covered by buildings or structures divided by the total lot area.

Lot lines means the lines bounding a lot.

(1)

Lot line, front means, on an interior lot, the line separating the lot from the street; on a corner or through lot, the line separating the lot from each street.

(2)

Lot line, rear means the lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension.

(3)

Lot line, side means any lot line other than the front lot line or rear lot line.

Lot of record means a parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the county register of deeds or in common use by town or county officials.

Lot width means the least horizontal distance measured parallel to the front lot line at any point between the front lot line and the front of the principal building.

Major Street means a street that complies with the standards in Table 70-618 and serves more than 10 lots.

Manufactured housing or mobile home means a structural unit or units designed for residential occupancy and constructed in a manufacturing facility and transported, by the use of its own chassis or an independent chassis, to a building site. This term includes both newer mobile homes and modular homes as defined in 30-A M.R.S.A. § 4358.

Mining of land means the removal of geologic materials such as topsoil, sand and gravel, metallic ores, or bedrock to be crushed or used as building stone.

Minor Street means a street that complies with the standards in Table 70-618 and serves less than 10 lots. Public Street means a public way established by or maintained under public authority, or a recorded way no less than 49.5 feet wide that is platted and dedicated for public use.

Mobile home park means a lot or part of a lot used or designed for the accommodation of two or more mobile homes used as dwellings, whether permanent or temporary.

Motel, hotel or inn means a commercial building or group of buildings built primarily to accommodate for a fee travelers and other transient guests, who are staying for a limited duration, with sleeping and associated rooms. A motel, hotel, or inn may include suites or rooms, cooking and similar facilities within the rooms to accommodate guests, restaurant facilities where food is prepared and meals served to its guests and other customers, and associated facilities for the convenience and servicing of guests. A motel, hotel, or inn room or suite of rooms, as distinguished from a dwelling unit, each shall contain less than a total of 600 square feet of living area, provided that the area may be larger if, in the sole opinion of the planning board, the facility will function or is functioning as a hotel or motel and not as a residential dwelling unit.

Motor fuel means:

(1)

Oil that is motor gasoline, aviation gasoline, #1 or #2 diesel fuel or any grade of gasohol typically used in the operation of a vehicle or motor engine.

Multiple-unit housing means a structure or structures located on a single lot, which structures are designed or used to house two or more families.

Native means indigenous to the local forests.

Nonconforming condition means nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time the ordinance from which this section was derived or subsequent amendment took effect.

Nonconforming use means a use of a building or lot that does not conform to a use regulation prescribed by this chapter for the district in which it is located.

Nondomestic animal means any animal which would not normally be kept indoors in a dwelling unit.

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

Nursing or convalescent home means a state licensed residential care facility in which nursing care and medical services are performed under the general direction of persons licensed to practice medicine in the State of Maine for the accommodation of convalescent or other persons who are not in need of hospital care, but who do require, on a 24-hour basis, nursing care and related medical services. This definition shall include skilled nursing facilities; intermediate care facilities and nursing homes.

Open space ratio means the ratio of the total area of the parcel maintained in lawns, gardens, planters or other natural vegetation to the total area of the lot.

Open space use means a use not involving a structure; earth-moving activity; or the removal or destruction of vegetative cover, spawning grounds, or fish, aquatic life, bird and other wildlife habitat.

Overlay zone means a zone containing requirements that are in addition to the requirements contained in the underlying district.

Parking lot means an open space used or designed for the parking of three or more vehicles.

Parking space means a minimum area of 200 square feet, exclusive of drives, aisles or entrances, fully accessible for the storage or parking of a vehicle.

Photo processor means the developing of film for either pictures or slides by the use of chemicals.

Planned unit development means land under unified management, planned and developed as a whole according to comprehensive and detailed plans, including streets, utilities, lots or building sites, site plans and design principles for all buildings intended to be located, constructed, used and related to each other, and for other uses and improvements on the land. Development may be a single operation or a programmed series of operations, including all lands and buildings, with provisions for operation and maintenance of such areas and improvements and facilities necessary for common use by the occupants of the development.

Premises means one or more lots which are in the same ownership and are contiguous or separated only by a road or water body, including all buildings, structures and improvements.

Principal building means the building in which the primary use of the lot is conducted.

Principal use means the primary use to which the premises are devoted, and the main purpose for which the premises exist.

Private way means a street that has not been accepted by the Town of Lisbon as a Public Street. Private ways do not include driveways or accessways typically referred to as "tote roads" or "woods roads."

Public street means a public way established by or maintained under public authority or a recorded way no less than 49.5 feet wide, platted and dedicated for public use.

Public utility means any person, firm, corporation, town department, board or commission authorized to furnish gas, steam, electricity, waste disposal, communication facilities, transportation or water to the public.

Rear lot means a lot without road frontage or a lot that has as part of its fee interest a limited amount of road frontage, less than the frontage requirement that provides access to the lot.

Recharge area means areas composed of porous sand and gravel, or other areas, that collect precipitation or surface water and carry it to aquifers.

Residual basal area means the average of the basal area of trees remaining on a harvested site.

Riprap means 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.

Sand and gravel pit means the land area disturbed or otherwise involved in the excavation, processing or storage of more than 1,000 cubic yards of sand, gravel, crushed stone or soil during any five-year period.

Self-storage facilities means a business or commercial establishment consisting of small, individually lockable storage units which are rented, leased or sold to the general public for the storage of personal property.

Setback means the perpendicular distance from a property boundary or physical feature, within which structures and certain activities are prohibited.

Setback from water means the minimum horizontal distance from the normal high water line of a water body or tributary stream, or upland edge of a wetland to the nearest part of a building or structure or other regulated object or area.

Shore frontage means the length of a lot bordering on a wetland body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.

Shoreland zone means the land area located within 250 feet, horizontal distance, of the normal high water line of a river, within 75 feet, horizontal distance, of a stream, or within 250 feet, horizontal distance, of the upland edge of a freshwater wetland.

Shoreline means the normal high-water line, or upland edge of a freshwater wetland.

Sign means a name, identification, description, display or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel or lot and which relates to an object, product, place, activity, person, institution, organization or business on the premises.

Single-family residential unit means any structure of any kind, including mobile homes, used or designed to house a single family, and shall include those structures used permanently or seasonally.

Skid trail means a route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

Slash means the residue, e.g., treetops and branches, left on the ground after a timber harvest.

Sludge means residual materials produced by water and sewage treatment processes and domestic septic tanks.

Solid wastes means useless, unwanted or discarded solid materials with insufficient liquid content to be free flowing. This includes but is not limited to rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse.

Stream means a free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5-minute series topographic map, or if not available, a 15-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within a shoreland zone.

Street-collector means Bowdoinham Road, Burrough Road, Edgecomb Road, Ferry Road, Fisher Road, Frost Hill Avenue, Gould Road, King Road, Littlefield Road, Pine Woods Road, Store Road, Summer Street, Upland Road, Webster Road and Wing Street.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structure means anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected, the use of which requires a fixed location on or in the ground or attachment to something on or in the ground. The term excludes paved drives, streets, walks, patios and the like, septic systems, utility poles and fences. The term includes items regardless of the temporary nature of the construction such as decks and satellite dishes.

Subdivision means a subdivision as defined in 30-A M.R.S.A. § 4401. Lots of 40 or more acres shall not be considered as lots as provided for in 30-A § 4401.4.C.(2). The division of a structure for commercial or industrial use shall be considered a subdivision as provided for in 30-A § 4401.4.H-1.(1), 1.

Subsurface sewage disposal system means any system designed to dispose of waste or waste water on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; doe snot include any discharge system licensed under 38 M.R.S.A. § 414, any surface waste water disposal system, or any municipal or quasi-municipal sewer or waste water treatment system.

Timber harvesting means the cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to section 70-732.

Trailer, travel means a vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use.

Tributary stream means a channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. This definition does not include the term "stream" and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.

Tourist home means a commercial building, which accommodates, for a fee, travelers or other transient guests who are staying for a limited duration, and having eight or fewer sleeping rooms. A tourist home may include associated rooms for meals or the use of guests.

Upland edge of a wetland means the boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six meters (approximately 20 feet) tall or taller.

Use means the purpose for which land or a structure is arranged, designed or intended, or for which land or a structure is or may be occupied.

Used merchandise sale (extended yard sale) includes a garage, barn, deck, lawn or porch sale, or similar sale of personal property, that does not meet the definitions of a yard sale. A used merchandise sale shall not include flea markets or licensed businesses operating for sale of used or repurposed items.

Variance means a relaxation of the terms of the ordinance from which this section was derived where such relaxation will not be contrary to the public interest where, owing to conditions peculiar to the property, and not the result of the actions of the applicants, a literal enforcement of the ordinance would result in undue hardship. Variances may only be granted from the following dimensional requirements: Lot width; lot frontage; lot area; structure height; lot coverage; setbacks; yards; or open spaces. Establishment or expansion otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in the district or uses in adjoining districts. Variances may not be granted for the establishment of any uses otherwise prohibited.

Vegetation means all live trees, shrubs, and other plants including without limitation, trees both over and under four inches in diameter, measured at four and one-half feet above ground level.

Volume of a structure means 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.

Warehousing means the storage of goods, wares and merchandise in a warehouse.

Water body means any river or stream.

Water crossing means any project extending from one bank to the opposite bank of a river, stream, tributary stream, or wetland whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities.

Wetland means a freshwater wetland.

Woody vegetation means live trees or woody, non-herbaceous shrubs.

Yard means the area of land on a lot not occupied by the principal building.

Yard sale includes a garage, barn, deck, lawn, or porch sale, or similar sale of personal property lasting no longer than four (4) days or any fraction thereof during any consecutive 7-day period and occurring three (3) or fewer times in any calendar year.

Yard, front means the area of land between the front lot line and the nearest part of the principal building.

Yard, rear means the area of land between the rear lot line and the nearest part of the principal building.

Yard, side means the area of land between the side lot line and the nearest part of the principal building.

(Code 1983, § 15-302; T.M. of 5-16-1987, art. 80, § 15-302; T.M. of 5-14-1988, art. 94, § 15-302; T.M. of 5-13-1989, art. 88; T.M. of 5-16-1992, art. 86, § 15-302; T.M. of 5-15-1993, art. 51, § 2; T.M. of 5-14-1994, art. 49; T.M. of 5-13-1995, art. 58, § 5; T.M. of 5-15-1999, art. 54; T.M. of 5-13-2000, art. 54; T.M. of 5-17-2003, art. 53; T.M. of 7-21-2009, § 2009-109; T.M. of 7-21-2009, § 2009-109; C.M. of 11-15-2011, V. 2011-208; C.M. of 2-5-2013, V. 2013-28; C.M. of 10-21-2014, V. 2014-220; C.M. of 2-3-2015, V. 2015-39; C.M. of 7-19-2016, V. 2016-170; C.M. 6-4-2019, V. 2019-128; C.M. of 6-2-2020, V. 2020-106; C.M. 7-16-2024, V. 2024-120; C.M. 1-21-2025, V. 2025-010)

Cross reference— Definitions generally, § 1-2.

This chapter shall be known as Zoning Ordinance of the Town of Lisbon, Maine, and will be referred to as this "chapter." This chapter complies with the requirements of M.R.S.A. tits. 1, 12, 17, 30-A, 33 and 38.

(Code 1983, § 15-101; C.M. of 11-15-2011, V. 2011-208)

The purpose of this chapter, prepared pursuant to and consistent with the comprehensive plan for the development of the town, is to:

(1)

Promote the health, safety and general welfare of the residents of the town;

(2)

Encourage the most appropriate use of land throughout the town by controlling building sites, placement of structures and land uses;

(3)

Promote traffic safety and safety from fire and other elements, provide adequate light and air, and prevent overcrowding of real estate;

(4)

a.

Promote a wholesome home environment;

b.

Prevent housing development in unsanitary areas;

c.

Provide an adequate street system and public services;

d.

Promote the coordinated development of unbuilt areas, encourage the formation of communities, and provide an allotment of land area in new developments sufficient for all requirements of community life;

(5)

a.

Conserve natural resources;

b.

Prevent and control water pollution;

c.

Protect spawning grounds, fish, aquatic life, bird and other wildlife habitat;

d.

Conserve shore cover, visual as well as actual points of access to inland areas, especially on floodprone areas and shores unsuitable for development;

e.

Protect archaeological and historic resources; and

f.

Protect freshwater wetlands.

(Code 1983, § 15-102; T.M. of 5-16-1992, art. 86, § 15-102; T.M. of 7-21-2009, § 2009-109; C.M. of 11-15-2011, V. 2011-208)

(a)

All buildings or structures erected, reconstructed, altered, enlarged or moved, and uses of premises in the town shall be in conformity with the provisions of this chapter. No building, structure, land or water area shall be used for any purpose or in any manner except as permitted within the district in which such building, structure, land or water area is located.

(b)

Permitted uses and conditional uses shall conform to all dimensional requirements and other applicable requirements of this chapter. A plumbing permit and a building or use permit shall be required for all buildings, uses and sanitary facilities, according to the provisions of article II of this chapter.

(Code 1983, § 15-103)

(a)

General.

(1)

Transfer of ownership. Ownership of land and structures which remain lawful but become nonconforming by the adoption or amendment of this chapter may be transferred, and the new owner may continue the nonconforming uses or continue to use the nonconforming structure or lot subject to the provisions of this chapter.

(2)

Maintenance, expansion. A nonconforming building or structure may be repaired, maintained or improved; but the area in nonconforming use may not be extended or expanded except in conformity with the provisions of this chapter.

(3)

Restoration of unsafe property. Nothing in this chapter shall prevent the strengthening or restoring to safe condition any part of any building or structure declared unsafe by the code enforcement officer.

(4)

Pending application for building permits. Nothing in this chapter shall require any change in the plans, construction, size or designated use for any building, structure, or part of a building or structure for which application for a building permit has been made or a building permit has been issued or upon which construction commenced prior to the adoption or amendment of this chapter, provided construction shall start within 60 days after the issuance of such permit.

(b)

Nonconforming uses.

(1)

Continuation of nonconforming uses.

a.

Continuation. The use of land, building or structure, lawful at the time of adoption or subsequent amendment of this chapter, may continue although such use does not conform to the provisions of this chapter. Sand and gravel pits in existence in the groundwater protection overlay zone prior to May 20, 1988, shall continue as nonconforming uses subject to performance standards contained in section 70-610.

b.

Expansion. A nonconforming use may not be expanded with the exception of sand and gravel pits in existence in the groundwater protection overlay zone prior to May 20, 1988.

(2)

Discontinuance of nonconforming uses. A nonconforming use which is discontinued for a period of one year may not be resumed. The uses of the land, building or structure shall thereafter conform to the provisions of this chapter. A nonconforming use which has been discontinued may be resumed by the same owner or another owner within the allowed time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five-year period.

(3)

Rule of precedence. Whenever a nonconforming use is superseded by a permitted use of a structure, or structure and land in combination, such structure or combination of land and structure shall thereafter conform to the provision of this chapter.

(4)

Change of use. An existing nonconforming use may be changed to another nonconforming use provided that (a) the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use; as determined by the planning board and (b) applicable performance standards contained in Article VI of this chapter and Chapter 62, Site Plans. The determination of no greater adverse impact shall be made according to criteria listed below.

a.

That the proposed use is of the same character or less noxious than the current nonconforming use;

b.

That the proposed use will not create a traffic hazard nor increase an existing traffic hazard;

c.

That the amount of parking required to meet the minimum requirements for the proposed use exists on the site or will be otherwise provided in accordance with this chapter;

d.

That the amount of noise, odors, vibrations, smoke, dust and air discharges of the proposed use shall be equal to or less than the present use;

e.

That the hours of operation of the proposed use will be compatible with the existing, surrounding land uses;

f.

That the proposed use will not increase the adverse impact on surrounding properties; and

g.

Additionally, in the shoreland zone, the planning board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and functionally water-depended uses.

(c)

Nonconforming lots of record.

(1)

Subdivision lots. Lots in subdivisions approved during the period June 29, 1971, through March 10, 1975 (under the previous ordinance), shall remain valid if sanitation and shoreland conditions can be met.

(2)

Rear lots. A rear lot may be used for a single-family dwelling provided that it conforms with the requirements of section 70-641. A rear lot is defined as a lot without road frontage or a lot that has as part of its fee interest a limited amount of road frontage, less than the frontage requirement that provides access to the lot.

(3)

Single lot. A single lot of record which, at the effective date of adoption or amendment of this chapter does not meet the area, frontage or width requirements of the district in which it is located may be built upon provided that such lot shall be in separate ownership and not contiguous with any other lot in the same ownership, and that all other provisions of this chapter shall be met. Variance of yard or other requirements not involving area or width shall be obtained only by action of the board of appeals.

(4)

Contiguous lots. If two or more contiguous lots or parcels are in single or joint ownership of record at the time of adoption or amendment of this chapter, and if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one or more of the lots are vacant or contain only an accessory structure, the lots shall be combined to the extent necessary to meet all dimensional requirements; and no portion of the parcel shall be built upon which does not meet dimensional requirements of this chapter; nor shall any division of the parcel be made which creates any dimension or area below the requirements of this chapter.

(d)

Nonconforming structures.

(1)

Expansions. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with subsections a and b below.

a.

After January 1, 1989, if any portion of a structure is less than the required setback, that portion of the structure shall not be expanded in floor area or volume, by 30 percent or more, during the lifetime of the structure. If a replacement structure conforms with the requirements of subsection (d)(2) of this section, and is less than the required setback the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30 percent in floor area and volume since that date.

b.

Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the planning board or its designee, basing its decision on the criteria specified in subsection (d)(2) of this section. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with subsection (d)(1)(a) of this section, and the foundation does not cause the structure to be elevated by more than three additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.

(2)

Reconstruction or replacement. Any nonconforming structure which is located less than a required setback and which is removed, or damaged or destroyed, regardless of the cause, by more than 50 percent of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with setback requirements to the greatest practical extent as determined by the planning board or its designee in accordance with the purposes of this chapter. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to subsection (d)(1), as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure.

Any nonconforming structure which is located less than a required setback and which is removed by 50 percent or less of the market value, or damaged or destroyed by 50 percent or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the code enforcement officer within one year of such damage, destruction, or removal.

In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the planning board or its designee shall consider, in addition to the criteria in subsection (d)(2) of this section, the physical condition and type of foundation present, if any.

(Code 1983, § 15-104; T.M. of 5-14-1988, arts. 90, 94, § 15-104; T.M. of 5-13-1989, art. 87; T.M. of 5-16-1992, art. 86, § 15-104; T.M. of 5-13-1995, art. 58, § 1; T.M. of 5-13-2000, art. 55; T.M. of 10-2-2000, art. 4; T.M. of 7-21-2009, § 2009-110; T.M. of 11-17-2009, § 2009-174)

This chapter shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other rule, regulation, bylaw, permit or provision of law. Where this chapter imposes a greater restriction upon the use of land, buildings or structures, the provisions of this chapter shall control.

(Code 1983, § 15-106)

(a)

Initiation of amendment. An amendment to this chapter may be initiated by:

(1)

Planning board. The planning board provided a majority of the board has so voted;

(2)

Town officers. Request of the town officers to the planning board; or

(3)

Petition. Written petition of a number of voters equal to at least ten percent of the number of votes cast in the town at the last gubernatorial election.

(b)

Adoption of amendment. An amendment to this chapter may be adopted by:

(1)

Recommended. A majority vote of the governing body if the proposed amendment is recommended by the planning board; or

(2)

Not recommended. Two-thirds majority vote of the governing body if the proposed amendment is not recommended by the planning board.

(c)

Public hearing.

(1)

The planning board shall hold a public hearing on a proposed amendment to this chapter prior to voting whether to recommend the amendment to the town council. Notice of the hearing shall be posted in the municipal office at least 13 days before the hearing and published in a newspaper of general circulation in the municipality at least two (2) times with the date of the first publication at least twelve (12) days before the hearing and the date of the second publication at least seven (7) days before the hearing.

(2)

Additional notice must be sent by regular mail to the public drinking water supplier if the area to be rezoned contains its source water protection.

(3)

Additional notices may also be required where the change in a zoning district falls under the provisions of 30-A M.R.S.A. § 4352.10 and/or 38 M.R.S.A. Chapter 3, Article 2-B, § 438-A.

(d)

Copies to department of environmental protection. Copies of ordinance amendments or amendments to the official zoning map that are within areas regulated by 38 M.R.S.A. § 435, attested and signed by the town clerk, shall be submitted to the commissioner of the department of environmental protection following adoption by the legislative body and shall not be effective unless approved by the commissioner of the department of environmental protection. If the commissioner fails to act on any amendment within 45 days of the commissioner's receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the town within the 45-day period shall be governed by the terms of the amendment if such amendment is approved by the commissioner.

(Code 1983, § 15-107; T.M. of 5-16-1992, art. 86, § 15-107; C.M. of 11-15-2011, V. 2011-208; C.M. of 10-3-2017, V. 2017-252)

State Law reference— Notice requirements, 30-A M.R.S.A. § 4352(9).

No proposed change in this chapter which has been unfavorably acted upon by the governing body shall be considered on its merits by the governing body within two years after the date of such unfavorable action unless adoption of the proposed change is recommended by unanimous vote of the planning board.

(Code 1983, § 15-108)

(a)

The effective date of the ordinance from which this chapter was derived is March 10, 1975.

(b)

Repeal of municipal timber harvesting regulation. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. § 438-B(5), at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the shoreland zone. On the date established under 38 M.R.S.A. § 438-B(5), the following provisions of the ordinance from which this section was derived are repealed:

Section 70-263, forestry, 1;

Section 70-731 in its entirety; and

Section 70-1. Definitions, the definitions of "forest management activities" and "residual basal area".

(Code 1983, § 15-109; T.M. of 7-21-2009, § 2009-109)

Any person, including but not limited to a landowner, a landowner's agent or a contractor, tenant or occupant who orders or conducts any activity in violation of the ordinance from which this section was derived shall be penalized in accordance with 30-A M.R.S.A. § 4452. Each day such violation or failure to comply is permitted to exist, after notification by the code enforcement officer, shall constitute a separate offense.

(Code 1983, § 15-707; C.M. of 11-15-2011, V. 2011-208)

The town officers, on notification by the code enforcement officer, shall institute or cause to be instituted, in the name of the town, any and all actions, legal and equitable, that may be appropriate or necessary for the enforcement of the provisions of this chapter. This section, however, shall not prevent any person entitled to equitable relief from enjoying any act contrary to the provisions of this chapter.

(Code 1983, § 15-706)