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Mechanic Falls City Zoning Code

ARTICLE VIII

Definitions

§ 200-8.1 Construction of language.

In the interpretation and enforcement of this chapter, all words, other than those specifically defined in this chapter, must have their ordinarily accepted meaning. In the case of any difference of meaning or implication between the text of this chapter and any map, illustration, or table, the text must control.
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual or any other legal entity.
The present tense includes the future tense, the singular number includes the plural, and the plural numbers include the singular.
The words "must" and "will" are mandatory; the word "may" is permissive.
The word "lot" includes the words "plot" and "parcel."
The word "structure" includes the word "building."
The word "used" or "occupied," as applied to any land or building, must be construed to include the words "intended, arranged, or designed to be used or occupied."
The word "Town" means the Town of Mechanic Falls.

§ 200-8.2 Definitions.

In this chapter, the following terms must have the following meanings:
Slaughterhouse; a facility where animals are processed for consumption as food products.
[Amended 12-5-2011]
A structure designed for the processing of livestock raised on the premises. No outside animals permitted to be processed.
A structure designed for the processing of livestock from various farm locations.
The owner of any property with one or more common boundaries or points, or across the road or stream from the property involved in an application or appeal.
A use or structure which is customarily both incidental and subordinate to the principal use or structure on the same lot only. The term "incidental" in reference to the principal use or structure must mean both subordinate and minor in significance to the principal use or structure, and attendant to the principal use or structure. Such accessory uses, when aggregated, must not subordinate the alleged principal use of the lot.
A business or commercial establishment which customarily derives at least 50% of its operating income from the retail sale or lease of goods and/or services which may not lawfully be sold or leased to persons under the age of 18, or a business entity which customarily excludes persons under the age of 20 from admission to its premises, including, but not limited to, adult amusement establishments, private membership clubs, taverns, restaurants or other establishments deriving at least 50% of their operating income from the sale of alcoholic beverages; and shall also include any licensed billiard or pool hall and any business establishment containing more than two of any type of billiard or pool table.
An establishment which offers live clothed entertainment, customarily exhibits motion pictures, or displays any other visual representation described or advertised as being "X Rated" or "For Adults Only," and which excludes persons from any portion of the premises by reason of immaturity of age or by use of such, or similar phrases; or offers as a substantial portion of its stock-in-trade, books, magazines, other periodicals or videotapes characterized by their emphasis on specified anatomical areas or specified sexual activities. For purposes of this chapter, "customarily" shall mean more often than an average of one calendar week during any calendar month of operation, and "substantial portion" shall mean greater than 75% of the books, magazines and other periodicals carried as stock-in-trade.
Means (1) for dwelling units offered for rent, a dwelling unit for which a family whose aggregate income is less than 80% of the median income for the area would spend no more than 30% of its monthly income on housing costs; and (2) for dwelling units offered for sale or permanent ownership, a dwelling unit for which a family whose aggregate income does not exceed 120% of the median income for the area would spend no more than 30% of its monthly income on housing costs. For purposes of this definition, "median income for the area" is defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937. Public Law 75-412, 50 Stat. 888, Section 8, as amended. For purposes of this definition, "housing costs" include but are not limited to the cost of rent and utilities paid for rental dwelling units and the cost of mortgage principal and interest, real estate taxes and assessments, private mortgage insurance, and condominum and homeowners' association fees for dwelling units offered for sale. If this definition is in conflict with 30-A M.R.S.A. § 4364(1), as it may be amended, the definition set forth in said statute shall control.
One or more dwelling units on a single property that are offered for rent or sale, provided that at least 51% of such dwelling units are designated as affordable by the owner or developer.
A person whose land is directly or indirectly affected by the grant or denial of a permit or variance under this chapter, or a person whose land abuts or is across a road or street or body of water from land for which a permit or variance has been granted.
The cultivation of soil, producing or raising crops, including gardening, as a commercial operation. The term must also include greenhouses, orchards, nurseries, and versions thereof, and raising and keeping of livestock, including animal husbandry.
[Amended 12-5-2011]
A business mainly for the containment and packing of foods prior to sale with the primary purpose of facilitating the purchase and use of a product, including wild game processing.
[Amended 12-4-2006; 12-5-2011]
Any change or modification in construction, or change in the structural members of a building or structure, such as bearing walls, columns, beams or girders, or in the use of a building. The term must also include change, modification, or addition of a deck, dormer, staircase, or roof of the building.
Any private, commercial premises which is maintained or operated primarily for the amusement, patronage, or recreation of the public, containing four or more table sports, pinball machines, video games, or similar mechanical or electronic games, whether activated by coins, tokens, or discs, or whether activated through remote control by the management.
The keeping or raising of animals, including domestic animals and pets, for commercial purposes. This definition also includes kennels and stables.
An individual or a firm having written authorization to act on behalf of a property owner. The authorization must be signed by the property owner.
A business or location used for the wholesale or retail exchange of three or more motorized vehicles, that are used for transportation, within a year's time.
[Amended 12-4-2006]
A yard, field or other outdoor area used to store three or more unregistered or uninspected motor vehicles, as defined by 30-A M.R.S.A. § 3751, or parts of the vehicles. Automobile graveyard includes an area used for automobile dismantling, salvage and recycling operations.
[Amended 11-3-2003; 8-1-2005]
The business premises of a dealer or recycler licensed under 29-A M.R.S.A. §§ 851 to 1112, who purchases or acquires salvage vehicles for the purpose of reselling the vehicles or component parts of the vehicles or rebuilding or repairing salvage vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles.
A business establishment engaged in general repair, engine rebuilding, and/or parts replacement.
A business establishment engaged in body, frame, or fender straightening and repair, or painting and undercoating.
Any dwelling in which transient lodging or boarding and lodging are provided and offered to the public for compensation for less than one week. This dwelling must also be the full-time, permanent residence of its owner. There must be no provisions for cooking in any individual guest room.
Any residential structure where lodging and/or meals are provided for compensation, for a period of at least one week, and where a family residing in the building acts as proprietor or owner. There must be no provisions for cooking in any individual guest room.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The portion of any lot of record that, by decree of the Planning Board or by plan approval, is to be established between one lot of record, development, use or activity and an adjacent lot of record, development, use or activity. The buffer strip may not need to be maintained depending upon the decree or plan. The most common of these is a natural buffer strip whereby the land is to be preserved in its natural state and requires no maintenance other than that required to keep the area clean of trash and debris and safety and health hazards.
[Amended 8-4-2003]
Fences, vegetation, landscaping, berms and mounds used to minimize any adverse impacts or nuisance conditions as experienced on the site or from adjacent areas.
Any three-dimensional enclosure by any building materials or any space, for any use or occupancy, temporary or permanent, including swimming pools, foundations or pilings in the ground, and all parts of any kind of structure above the ground, including decks, railings, dormers, and stairs, and excluding sidewalks, fences, driveways, parking lots, and field or garden walls or embankment retaining walls.
The place of business of doctors, lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychiatrists, counselors, and the like, or in which a business conducts its administrative, financial or clerical operations, including banks and other financial services but not retail sales or activities utilizing trucks as part of the business operation.
Land on which one or more tents are erected or trailers are parked for a fee for temporary family recreational use on sites arranged specifically for that purpose. The word "campground" includes the words "camping ground" and "tenting grounds."
A business equipped for cleaning cars and other motor vehicles.
[Amended 12-4-2006]
A person who has been issued and possesses a valid registry identification card.
[Amended 4-4-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Property used for the interring of the dead.
An on-premises sign created, designed, manufactured or modified in such a way that its message may be electronically, digitally or mechanically altered by the complete substitution or replacement of one display by another on each side.
[Amended 9-2-2008]
A building or structure, or group of buildings or structures, designed, primarily intended and used for the conduct of religious services, excluding school.
A building or complex of buildings that house Town offices and services, and which may include cultural, recreational, athletic, convention and entertainment facilities owned and/or operated by a governmental agency.
A person appointed by the Town officers to administer and enforce this chapter.
A structure on which commercial transmitting and/or receiving devices are located.
Any commercial enterprise which receives a fee in return for the provision of some recreational activity, including, but not limited to, campgrounds, racquet and tennis clubs, health facilities, amusement parks, golf courses, gymnasiums and swimming pools, etc., but not including bowling alleys or amusement facilities, as defined herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any activity carried out for pecuniary gain.
A building that houses any voluntary association of persons organized for social, religious, benevolent, literary, scientific, or political purposes; whose facilities, especially a clubhouse, are open to members and guests only and not the general public; and not engaged in activities customarily carried on by a business or for pecuniary gain.
A building, structure, use of land, or portion thereof which complies with the provisions of this chapter.
Residential housing consisting of private apartments and central dining facilities and within which a congregate housing supportive services program serves functionally impaired elderly or disabled occupants; the individuals are unable to live independently yet do not require the constant supervision or intensive health care available at intermediate care or skilled nursing facilities. Congregate housing must include only those facilities which have been certified by the State of Maine as meeting all certification standards and guidelines for congregate housing facilities as promulgated by the Department of Health and Human Services pursuant to the provisions of the Maine State Statutes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Built, elected, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, and the like, must be considered a part of construction.
The conscious use of skill and creative imagination, especially in the production of aesthetic or functional objects, or an occupation, avocation or trade requiring manual dexterity or artistic skill (e.g., such as pottery, sewing, woodworking, etc.).
[Amended 10-5-1998; 11-4-2002]
Centers licensed as such by the Maine Department of Health and Human Services.
[Amended 10-5-1998; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Homes licensed as such by the Maine Department of Health and Human Services. Day-care homes are not permitted to have more than 12 children and must be located in a single-family residence. Day-care homes are considered to be an accessory use to the single-family residence. No home occupations are allowed in residences that have a day-care home. Day-care homes are allowed in residences that have an accessory dwelling unit, provided it is operated by the landowner.
[Amended 10-5-1998; 10-4-2010; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The number of dwelling units per lot of land or unit.
The Department of Administrative and Financial Services.
[Amended 4-4-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any man-made changes to improved or unimproved real estate, including, but not limit to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations. For purposes of this chapter, development is classified as either minor or major.
Projects involving the construction, addition or conversion of less than 5,000 square feet of gross floor area;
Projects involving the construction or installation of less than 5,000 square feet of impervious surfaces; and
Projects involving the construction or establishment of less than three lots or dwelling units.
Includes all other activities above the threshold of minor development.
That portion of the surface area of a changeable sign that is or is designed to be or is capable of being periodically altered for the purpose of conveying a message.
[Amended 9-2-2008]
A specified portion of the Town, delineated on the Zoning Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A private way providing vehicular access to a parking space, garage, dwelling or other structure from a public or private road or street.
Any building or structure or portion thereof designed or used for residential purposes.
Any structure containing one dwelling unit for occupation by not more than one family. Units may be attached.
A building constructed on a single lot containing only two dwelling units, for occupation by not more than two families that are completely separated from each other by at least one dividing partition.
[Amended 3-23-2022]
A building containing three or four dwelling units, such buildings being designed exclusively for residential use and occupancy by three or more families living independently of one another, with the number of families not exceeding the number of dwelling units.
A room or suite of rooms used by a family as a habitation which is separate from other such rooms or suites of rooms, and which contains independent living, cooking, sleeping, bathing and sanitary facilities.
A self-contained dwelling unit within, attached to or detached from a single-family dwelling that is designed for occupancy by not more than one family and meets the requirements of Article IV, § 200-4.8, of this chapter.
[Amended 10-5-1998; 12-4-2023]
A closet, room, or other enclosed area within a building, or an enclosed locked facility within a greenhouse, that is equipped with locks or other security devices that permit access only by a cardholder.
[Amended 4-4-2011]
Facilities for the transmission or distribution of water, gas, electricity, or essential communications, or for the collection, treatment or disposal of wastes, including, without limitation, towers, poles, wires, mains, drains, sewers, traffic signals, hydrants and similar accessories but not buildings. Essential services do not include commercial communication towers.
One or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group occupying a tourist home, rooming house, hotel, motel or inn.
A group of farmers convened at one unified spot and specified time to sell noncommercial, agricultural-related products.
[Amended 9-7-2010]
A structure, not more than 200 square feet, designed, arranged or used for the display and sale of agricultural products primarily grown or produced on the premises upon which such stand is located. A farm stand may be located on premises that the products are not grown upon, allowing items not grown on the premises to be sold at the farm stand.
[Amended 12-5-2011]
Depositing or dumping any matter on, or into, the ground or water.
Facilities, primarily municipally funded, to house staff and equipment used in the protection of public safety.
[Amended 12-4-2006]
The processing of firewood at a fixed location from off-site locations, for commercial purposes. The processing of firewood includes cutting, splitting and storing.
Sale of miscellaneous household items, antiques, hardware, clothing, and/or collectibles either by a single person or by a business or by a combination of persons or businesses on a continuing basis (or more than three days).
[Amended 9-7-2010]
A temporary rise in stream flow or tidal surge that results in water overflowing its banks and inundating adjacent areas.
The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones.
Any land area susceptible to being inundated by water from any source (see definition of "flood").
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot; and
In Zone A riverine areas, is considered to be the channel of a river or other watercourse and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the normal high-water mark to the upland limit of the floodplain.[1]
The operation of timber tracks, tree farms, forest nurseries, the gathering of forest products, or the performance of forest services.
Areas which are 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.
The horizontal, straight-line distance between the intersections of the side lot lines with the road right-of-way.
The horizontal distance, measured in a straight line, between the intersections of the lot lines with the shoreline at normal high-water elevation.
An establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.
[Amended 12-4-2006]
An accessory building, or part of a principal building, including a carport, used primarily for the storage of motor vehicles as an accessory use.
Any place of business at which gasoline, other motor fuels or motor oil is sold to the public for use in a motor vehicle, regardless of any other business on the premises.
The portion of any lot of record that, by decree of the Planning Board or by plan approval, is to be permanently established and maintained, by the owner of record, with grass, bushes, flowers, trees, etc., hence the terminology "green space."
[Amended 8-4-2003]
A room within a dwelling unit used for habitation, including bedroom, kitchen, bathroom, living room, den, etc. A habitable room does not include pantries, basement, shed, closet, etc.
Any gaseous, liquid or solid materials, either in pure form or incorporated into other materials, according to current guidelines of the U.S. Environmental Protection Agency, or substances designated as hazardous by the United States Environmental Protection Agency and/or the Maine Department of Environmental Protection.
See § 200-4.5C, Home occupations.
[Amended 10-5-1998; 11-4-2002; 10-4-2010; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An institution providing, but not limited to, overnight health services, primarily for inpatients, and medical or surgical care for the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central services facilities, and staff offices.
A commercial building or group of buildings built to accommodate, for a fee, travelers and other transient guests who are staying for a limited duration with sleeping rooms without cooking facilities, each rental unit having its own private bathroom and its own separate entrance leading either to the outdoors or to a common corridor or hallway. A hotel may include restaurant facilities where food is prepared and meals served to its guests and other customers.
Any surface which does not absorb rain and includes all buildings, roads, sidewalks, parking areas, and any area paved with bricks, concrete or asphalt.
[Amended 12-4-2006]
A building, room, or structure for the presentation of plays, films, or other dramatic performances.
Industrial uses must have the following definitions:
Industrial uses that, generally, do not have offensive characteristics and can be conducted entirely within enclosed buildings. These may include industrial processes such as printing, manufacturing of products from component parts, food packaging, or warehousing.
Industrial uses, such as the manufacture, recycling, or processing of chemicals, metal, cement, plastic, or rubber products, that generally produce nuisances. These nuisances may be in the form of air pollutants, excessive noise, traffic, glare or vibrations, noxious odors, danger of explosion, or unsightly appearance.
A privately operated establishment, for pecuniary gain, primarily engaged in providing instructional classes to groups of individuals at the same time. Examples of instructional business may include ceramics, karate, dance, driver's education, dog training, etc.
[Amended 11-4-2002]
A yard, field, or other area used as a place of storage for:
Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;
Discarded, scrap or junked lumber;
Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and
Garbage dumps, waste dumps and sanitary fills.
An establishment in which more than four dogs or more than four cats are sold, housed, bred, boarded, or trained for a fee.
[Amended 11-4-2020]
An area of land in one ownership, or one leasehold, with ascertainable boundaries established by deed or instrument of record, or a segment of landownership defined by lot boundary lines on a land subdivision plan duly approved by the Planning Board and recorded in the County Registry of Deeds.
The total horizontal area within the lot lines.
The percentage of a lot covered by all buildings.
The lines bounding a lot as defined below.
Interior lots: the line separating the lot from a street or right-of-way; corner lot or through lot: the line separating the lot from either street or right-of-way.
The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line must be an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line. On a corner lot, the rear lot line must be opposite from the front lot line of least dimension.
Any lot line other than the front lot line or rear lot line.
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.
A lot with at least two contiguous sides abutting a street or right-of-way.
The minimum required lot area within a district for a single use.
Any lot abutting a body of water.
Any interior lot having frontages on two more or less parallel streets or rights-of-way or between a street and a body of water, or a right-of-way and a body of water, or between two bodies of water, as distinguished from a corner lot. All sides of through lots adjacent to streets, rights-of-way, and bodies of water must be considered frontage, and front yards must be provided as required.
The leaves, stems, flowers and seeds of all species of the plant genus Cannabis, whether growing or not. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake or sterilized seed of the plant which is incapable of germination.
[Amended 4-4-2011]
A marijuana facility is defined as one stand-alone building.
[Amended 11-4-2020]
A harvestable female marijuana plant that is flowering and is greater than 12 inches in height and 12 inches in diameter.
[Amended 4-4-2011]
The acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered patient's debilitating medical condition or symptoms associated with the registered patient's debilitating medical condition.
[Amended 4-4-2011]
A communication conveyed by means of a visual display of text, a graphic element or pictorial or photographic image.
[Amended 9-2-2008]
The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of more than 1,000 cubic yards of product or overburden from the earth within 12 successive calendar months; any activity or process for the extraction or removal of the product or overburden; and the preparation, washing, cleaning or other treatment of that product so as to make it suitable for commercial, industrial or construction use, but shall not include excavation or grading preliminary to a construction project.
A parcel or adjoining parcels of land, under single ownership, that has been planned and improved for the placement of three or more mobile homes (10 M.R.S.A. § 9081).
A person or persons, with the appropriate permit or license issued by the Town, who sell items from a temporary location usually from a vehicle or cart primarily used to move from location to location.
[Amended 12-4-2006]
A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of books or objects having scientific, historical, or artistic value.
[Amended 12-4-2006]
Includes the following: extraction and processing of water, wood and lumber, minerals and soils, and the associated retail functions for those natural-resource-based industries. Examples of the same would include wells and bottling plants, sawmills and lumberyards, and mining and soils processing industries.
Outdoor commercial recreational facilities which have a primary characteristic of requiring a sizable amount of land, including, but not limited to, ball fields, golf courses, driving ranges, and the associated retail functions for those natural-resource-based recreational uses. Such retail functions must be incidental to the recreational use and may include the sale or rental of goods and services related to the recreation, as well as refreshment stands.
A store of less than 1,500 square feet of floor space intended to service the convenience of a residential neighborhood primarily with the sale of merchandise, including such items as, but not limited to, basic food, newspapers, emergency home repair articles, and other household items, but not to include sit-down dining or eat-in foods or takeout windows.
The number of dwelling units per net residential acre.
A building, structure, lot, use of land, or portion thereof, legally existing at the effective date of adoption or amendment of this chapter, which thereafter fails to conform to all applicable provisions of this chapter.
Live entertainment in which any performer appears in such a manner or attire as to expose to view any portion of the pubic area, anus, buttocks, vulva, penis or genitals or any simulation thereof, or in a visible state of sexual excitement whether or not clothed, or when any female appears on a licensee's premises in such a manner or attire as to expose to view any portion of the breast referred to as the "areola," "nipple" or simulation thereof, or any act of sadomasochistic abuse or sexual conduct. "Exposed to view" shall be interpreted to include, without limitation, clear, see-through or otherwise nonopaque clothing.
[Amended 4-4-2011]
A privately operated establishment where maintenance and personal or nursing care are provided for persons who are unable to care for themselves.
The portion of any lot of record that, by perpetual conservation easements, declaration of covenants and restrictions, deed restrictions or other legal document duly recorded, may be permanently preserved in its existing state and may have restricted development, uses and activities.
[Amended 8-4-2003]
A subdivision consisting exclusively of single-family dwelling units on individual lots that may have reduced road frontage if the individual lot areas are increased and there is a permanent preservation in open space (as defined within this chapter) of important natural features.
[Amended 8-4-2003]
Noncommercially operated recreation facilities open to the general public, including, but not limited to, playgrounds, parks, monuments, green strips, open space, mini parks, athletic fields, boat launching ramps, piers and docks, picnic grounds, swimming pools, and wildlife and nature preserves, along with any necessary accessory facilities, restrooms, bathhouses, and the maintenance of such land and facilities. The term must not include campgrounds, or commercial recreation and amusement facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A person whose physician has provided a written certification to the Department for the patient's medical use of marijuana.
[Amended 4-4-2011]
Any person, without regard to whether compensation is paid by the establishment, its patrons or customers, who presents or participates in any entertainment, including, but not limited to, professional entertainers and full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value.
[Amended 4-4-2011]
Uses which are listed as permitted uses in the various districts set forth in this chapter. The term does not include prohibited uses.
A person licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to 32 M.R.S.A. Chapter 36 or a person licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant 32 M.R.S.A. Chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs.
[Amended 4-4-2011]
A document signed by a physician, stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.
[Amended 4-4-2011]
The Planning Board of the Town of Mechanic Falls.
The dried leaves and flowers of the marijuana plant, and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments, and other preparations. It does not include the seeds, stalks and roots of the marijuana plant or other ingredients in goods prepared for human consumption or use.
[Amended 4-4-2011]
The structure in which the primary use of the lot is conducted.
The primary use to which the premises are devoted.
A business of producing printed material by means of inked type and a printing press or by similar mechanical means.
[Amended 12-4-2006]
A road or street constructed in accordance or in conformity with the municipal road standards; if not, the private road cannot be used to meet minimum road frontage for building lots.
Primary and secondary schools, or parochial schools, which satisfy either of the following requirements:
The school is not operated for a profit or as a gainful business; or
The school teaches courses of study which are sufficient to qualify attendance in compliance with state compulsory education requirements.
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.
Activity engaged in for relaxation and amusement.
[Amended 12-4-2006]
A self-propelled or drawn vehicle or vehicular attachment designed for temporary sleeping or living quarters for one or more persons, which is not a dwelling and which may include a pickup camper, travel trailer, tent trailer, or motor home.
A privately owned facility for the recycling of heavy goods and bulk metal.
The redemption of goods such as bottles and cans as a recycling activity.
A business for the redemption of goods such as bottles and cans as a recycling activity that is not accessory to any other business use such as neighborhood or convenience store.
[Amended 12-4-2006]
A not-for-profit entity registered pursuant to state law that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana, paraphernalia or related supplies and educational materials to registered patients who have designated the dispensary to cultivate marijuana for their medical use and the registered primary caregivers of those patients.
A visit by an employee of the Department for the purpose of ensuring compliance with the requirements of this chapter to any site where marijuana is grown by a registered primary caregiver who has been designated pursuant to 22 M.R.S.A. § 2425, Subsection 1, Paragraph F, to cultivate marijuana for three, four or five registered patients at one time.
[Amended 4-4-2011]
A patient who has a registry identification card issued by the State of Maine.
[Amended 4-4-2011]
A registered primary caregiver that cultivates marijuana for two or more registered patients pursuant to state law.
[Amended 4-4-2011]
A person, a hospice provider licensed under 22 M.R.S.A. Chapter 1681 or a nursing facility licensed under 22 M.R.S.A. Chapter 405 that provides care for a registered patient and that has been named by the registered patient as a primary caregiver to assist with a registered patient's medical use of marijuana. A person who is a primary caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense.
[Amended 4-4-2011]
A document issued by the Department that identifies a person as a person who has registered with the Department in accordance with 22 M.R.S.A. Ch. 558-C.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An establishment where meals are prepared and served to the public.
A business establishment engaged in the sale, rental, or lease of goods or services to the ultimate consumer for direct use or consumption and not for resale.
A business offering the sale of combustible fuels directly to the consumer to produce heat or power. This includes fuels picked up by the customer at the fuel pump or home delivery services.
[Amended 12-4-2006]
A strip of land acquired by deed, reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses.
A public or private way designated as a right-of way for vehicular access other than a driveway. A public road or street is one which has been accepted by the Town or state. A private road has not been accepted.
Flagellation or torture by or upon a person clad in undergarments or a mask or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
[Amended 4-4-2011]
A building, together with its contiguous accessory buildings and uses, for the education and learning of children. Uses within the meaning of this definition shall include private and public preschool, elementary, middle and high school.
A building for housing a number of persons, as at a school.
The premises on which the school is located.
[Amended 4-4-2011]
The moving of text across a display as if by unrolling a scroll.
[Amended 9-2-2008]
A facility where human or animal waste or manufacturing by-products are broadcast over an area of land or warehoused for future use.
[Amended 12-4-2006]
An establishment primarily engaged in providing services for individuals, business and governmental establishments and other organizations, including establishments providing personal, business, and repair services not otherwise listed in Table 1 (Table of Uses) in this chapter. Examples of a service business may include electronics repair, shoe repair, tailoring services, etc.
The minimum horizontal distance from a lot line to the nearest part of a building, including porches, steps, and railings.
Acts of sodomy, masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
[Amended 4-4-2011]
The condition of the human male or female genitals when in a state of sexual stimulation or arousal.
[Amended 4-4-2011]
Any concentration of two or more retail stores or service establishments under one ownership or management containing 15,000 square feet or more of gross floor space.
A means of conveying information, or directing attention to a business, product, service or other commodity.
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.
Anything constructed or erected, the use of which requires a fixed location on or in the ground or in the water, or an attachment to something having a fixed location on the ground, including buildings, billboards, signs, commercial park rides and games, carports, porches, decks and other building features, including stacks and antennas, but not including sidewalks, fences, driveways, parking lots, and field or garden walls or embankment retaining walls. For purposes of this chapter, utility poles are not considered a structure.
Subdivision means "subdivision" as defined in 30-A M.R.S.A. § 4401, as amended, i.e., generally a division of a tract or parcel of land into three or more lots within a five-year period (see statute for full definition), and as such definition is augmented by the following:
Such division may be accomplished by sale, lease, development, building or otherwise, including informal arrangements which result in the functional division of a tract or parcel.
Under such definition, lots of 40 or more acres each must be counted as lots if the lots are wholly or partly within the Shoreland District.
An outdoor, man-made receptacle or excavation designed to hold water to a depth of at least 24 inches, primarily for swimming or bathing, whether in the ground or above the ground.
A facility used to receive and store large quantities of combustible fuels in containers until transferred into vehicles used for wholesale distribution. "Large quantities" is defined as the capacity of holding larger quantities than what is commonly stored by a retail fuel distributor.
[Amended 12-4-2006]
The cutting and removal of trees from their growing site and the attendant operation of cutting and skidding machinery, but not the construction or creation of roads. Timber harvesting does not include the clearing of land for approved construction.
A changeable sign that electronically or mechanically displays the time and temperature by the complete substitution or replacement of a display showing the time with a display showing the temperature.
[Amended 9-2-2008]
A building and premises devoted to handling and temporary warehousing of goods, which may include facilities for the maintenance and repair (except body repairs, frame straightening and painting), fueling and storage of trucks or tractor-trailer combinations. May be inclusive or accessory to warehousing and storage.
[Amended 12-4-2006]
The term "undue hardship" must mean all of the following:
That the land in question cannot yield a reasonable return, unless a variance is granted;
That the need for a variance is due to the unique circumstances of the property and not to general conditions in the neighborhood;
That the granting of a variance will not alter the essential character of the locality; and
That the hardship is not the result of action taken by the applicant or a prior owner.
The manner in which land or a structure is arranged, designed or intended, or is occupied.
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.
A business relating to veterinary medicine, concerned or connected with the medical or surgical treatment of animals, especially domestic animals.
[Amended 12-4-2006]
A business with a large building or buildings used for the storage of goods and merchandise usually for wholesalers. May be inclusive or accessory to trucking/distribution terminal.
[Amended 12-4-2006]
An area used for the collection and processing of materials, usually ones produced by human activity, to reduce the hazard of the waste, recover material for recycling, produce energy from the waste, or reduce it in volume for more efficient disposal.
[Amended 12-4-2006]
"Freshwater wetlands" are all lands identified by the Department of Environmental Protection in accordance with Title 38 M.R.S.A. § 480-I, or areas identified by the United States Environmental Protection Agency having jurisdiction under Section 404 of the Clean Water Act.[2]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A business establishment engaged in the sale of goods or commodities in large quantities for individual consumption or resale.
A sale where articles to be sold were originally purchased or acquired by the seller(s) for use in their own household or for purposes other than resale to others. Any sale by another name (garage sale, moving sale, etc.) shall be classified as a yard sale for the purpose of this chapter.
[Amended 5-7-2001]
[1]
Editor's Note: Original Subsection 4 of this definition, which defined "floodway," which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 33 U.S.C. § 1344.