Adjacent property which is contiguous with the subject property. However, when applied to any standard involving required notifications to "abutting properties," the term shall include properties across a public right-of-way or waterway, within 200 feet of any part of the property line forming the boundary with said right-of-way or waterway.

A subordinate building or structure which is incidental to the principal building. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure. Accessory buildings or structures shall meet all dimensional requirements of this chapter.

A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use, provided that in the SG3 District, a use that is accessory to a nonprofit performing arts theater located within the SG3 District may be located on any other lot within the SG3 District. Accessory uses, when aggregated, shall not subordinate the principal use of the lot.

43,560 square feet of land area.

Recreation activities which necessitate some degree of structural or mechanical components for participation in the activity, such as ball fields, playgrounds, and tennis courts.

Decent, safe and sanitary dwelling units that can be afforded by households in the following two categories:

Before approving an affordable housing development, a municipality shall require that the owner of the affordable housing development have executed a restrictive covenant, recorded in the appropriate registry of deeds, for the benefit of and enforceable by a “qualified holder” acceptable to the municipality, to ensure that for at least 30 years after completion of construction:

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

The production, keeping or maintaining, for sale or lease, of plants 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 or the sale of processed farm products, including but not limited to meat and poultry cuts, canned or preserved fruits and vegetables, and animal feed mixtures.

An indoor use consisting of not fewer than four and not more than 20 electronic or video games, pinball machines or devices of similar functions or description, which are activated by coins, tokens, discs, remote control or any other means for public amusement, patronage, recreation or entertainment. It shall not include fewer than four such devices. (Note: Other limitations and licensing requirements for amusement centers and incidental use are found in Chapter 14, Article I, Amusement License, of the Town Code.)

Any exterior apparatus or collection of apparatus designed for telephone, radio, television, personal communications service, pager network, or any other communications through the sending or receiving of electromagnetic waves of any bandwidth, except for those used only for the reception of television or radio signals.

A dwelling unit in a multifamily dwelling.

The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.

A shady garden shelter or bower, often made of rustic work or latticework, on which vines, roses or other climbing plants may be grown. An arbor is not considered a structure and therefore is not required to meet setbacks under this chapter.

The average of the finished ground level elevations of the points located at each exterior corner of a building.

A temporary cover and frame that is attached to the exterior wall of a building. Awnings shall not be subject to setback requirements unless they become permanent in nature.

The area of cross section of a tree stem at diameter breast height (4.5 feet above the ground) and includes bark.[1]

An area below the first floor with a floor-to-ceiling height of six feet or more and having part but not more than 1/2 of its volume above average finished grade, as defined by this chapter. A basement shall not be used as a sole living quarters within a dwelling. A basement shall be counted as a story for the purpose of height measurement if used for a dwelling unit or for business purposes; accessory use is permitted (refer to definition of "story").

Lodging accommodations in a building or buildings where a family lives on the premises acting as proprietor or owner, with the maximum number of guest accommodations limited by applicable dimensional requirements of this chapter and the size of the site. Meals may be offered to overnight guests only in a common area, with only partial cooking facilities, as defined by this chapter, in any individual guest accommodation. The minimum stay shall be two weeks, with no maximum stay.

A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.

Any structure having a rigid roof supported by columns or walls. Each portion of a building on separate lots and separated from other portions by a fire wall or a common wall shall be considered a separate structure.

State of Maine Forest Service, part of the Department of Agriculture, Conservation and Forestry.

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

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

All tidal and subtidal lands, all lands below any identifiable debris line left by tidal action, all lands with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat, and any swamp, marsh, bog, beach, flat, or other contiguous low land which is subject to tidal action during the highest annual tide (HAT) as identified in the tide tables published by the National Ocean Service (highest annual tide or HAT), as determined by a land surveyor based on the nearest USGS bench mark, as defined by this chapter. Coastal wetlands include all areas affected by tidal action, not just those areas where salt marshes and salt meadows exist. Cobble and sand beaches, mud flats, and rocky ledges below the highest annual tide (HAT) are all considered to be coastal wetlands. Coastal wetlands may include portions of coastal sand dunes.

The person duly authorized by the Town to carry out the duties as prescribed herein and shall be used synonymously with the term Building Inspector.

Any commercial enterprise which receives a fee in return for the provision of some recreational activity, including but not limited to racquet clubs, health facility and amusement parks, but not including amusement centers.

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

Any structure intended primarily for the support of antennas used in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmission/reception such as telephone or paging, except for those facilities which are used only for the reception of television or radio signals.

The process by which the municipal legislative body may rezone property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned.

The process by which the property owner, in consideration of the rezoning of that person's property, agrees to the imposition of certain conditions or restrictions not imposed on other similarly zoned properties.

A lot which has frontage on two or more approved streets or private rights-of-way. Corner lots are subject to front setback requirements on all streets on which they have frontage.

The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream channel to the bottom of the channel.

The diameter of a standing tree measured 4.5 feet from ground level.

A flat-floored roofless and wall-less area adjoining a structure. An awning-covered deck shall not be construed as a porch (see also "patio").

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.

Numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage and height.

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

The alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross section, and in the case of flowing waters, a profile and character altered from natural conditions.

A vehicular accessway serving not more than two dwelling units or leading to the parking area of nonresidential uses on only one lot, provided that in the SG3 District, the vehicular accessway may also lead to a nonresidential use located on a contiguous lot. Any vehicular accessway that serves more than two dwelling units or leads to the parking areas of nonresidential uses on more than one lot shall comply with the street design standards of Article 10 of Chapter 240, Subdivision Regulations. Within any Shoreland Zones, driveways over 500 feet in length, or serving more than two dwellings, shall comply with the street design standards of Article 10 of Chapter 240, Subdivision Regulations.

A container specifically for the storage of trash, garbage or other waste disposal articles or recyclables.

A building used, designed to be used or capable of being used for one or more dwelling units, including but not limited to single-family homes, duplexes, multifamily buildings, apartments, condominium, studios and efficiencies. Where this chapter permits dwellings, "dwelling" shall mean single-family detached buildings unless this chapter provides otherwise. "Dwelling" shall not include trailers or recreational vehicles.

A room or group of rooms used, designed to be used or capable of being used as a habitable unit for one family with facilities for living, bathing, sleeping, cooking and eating. A dwelling unit shall contain a minimum of 650 square feet of habitable floor space. Measurement shall be made using interior room dimensions. Any individual guest accommodation within a transient accommodation, as defined in this section, which contains 650 square feet or more of habitable floor space shall be considered as a dwelling unit for the purposes of this chapter, regardless of whether or not cooking facilities are provided. The maximum number of persons in a family permitted to reside in a dwelling unit shall be determined by dividing the habitable floor space in square feet by the rate of 200 square feet per person.

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

Gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines; collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms 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.

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

The addition of one or more months to a use's operating season or the use of more footprint of a structure or ground area devoted to a use.

The front part of a building facing a street or most frequently used public right-of-way.

One or more persons occupying a dwelling unit and living together as a single housekeeping unit where all occupants have common use and access to all living and eating areas, bathrooms, and food preparation and serving areas.

The land, buildings and machinery used in the production of farm products with the intent that the farm products be sold or otherwise disposed of to generate income.

Those plants and animals useful to man, including, but not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products and fruits, berries, vegetables, flowers, seeds, grasses and other similar products.

A structure for the display and sale of farm products, located on the farm on which the farm products are produced.

An artificially constructed barrier of any material or combination of materials erected to enclose or screen an area of land. Arbors may be part of fences, fence gates, or other gateways or may stand alone.

The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height.

The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the exterior faces of the exterior walls.

The total of all floor areas of all roofed portions of a building, in square feet, excluding the following: unenclosed porches, decks, stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and floors below the first or ground floor except when used for human occupation.

The ground area, in square feet, covered by the foundation of a building, plus any additional ground area covered by projections past the foundation walls, including, but not limited to, roof overhangs, decks, balconies, porches, steps, bulkhead-type basement entrances, and the like.

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, timber harvesting and the construction, creation or maintenance of roads.

A contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit.

A freshwater wetland dominated by woody vegetation that is six meters tall (approximately 20 feet) or taller.[2]

The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar material.

The street frontage shall be the length of the front lot line along its boundary with a street. If the street right-of-way is curved, the length of the street frontage shall be the length of the arc of the curve.

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

See "nonconforming development or condition."

Any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres, except for the purposes of this chapter where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.

Any great pond classified GPA pursuant to 38 M.R.S.A. Article 4-A, § 465-A. This classification includes some but not all impoundments of rivers that are defined as great ponds.

A structure with transparent or translucent walls and roof used for the commercial propagation and growing of plants.

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

See "transient accommodation Type 3 (TA-3) – inn."

An enclosed living area exclusive of porches, patios, decks, balconies and similar areas whether or not enclosed. For the purpose of this chapter, common area or percentage of common area may not be used to satisfy the square footage requirements herein.

The top of a building which has habitable floor space not exceeding 1/2 of the habitable contiguous floor space of the story immediately below, and which is located under a roof which pitches in two opposite directions, the rafters of which must touch the plates of the opposite sides of the floor below the half story, or the shoe of the floor of the half story. Finished habitable floor space of a half story is measured within the real or imaginary knee walls of four feet or the actual walls (if they are higher than four feet).

Any communication tower or antenna owned and operated by a licensed HAM radio operator or amateur radio service operator. Considered a structure under this chapter.[3]

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

An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and which is clearly incidental and secondary to the use of the dwelling for residential purposes.

Any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity, such as, but not limited to, reduction in property line, water body, tributary stream or wetland setback distances, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which meet the dimensional standards shall not be considered to increase nonconformity of a structure. 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 infill irregularly shaped structures.

An area of land which is not associated with a campground but which is developed for repeated camping by only one group not to exceed 10 individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fireplaces or tent platforms.

The manufacture, within enclosed structures, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding storage of raw materials, basic industrial processing and semifinished manufacturing.

A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.

A lot or part thereof in any way exposed to the elements which is used for the sale or for the storage of secondhand products or materials, or for the storage of two or more automobiles or trucks which cannot pass the state inspection test in their existing condition and/or are inoperable.

A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.

A forester licensed under 32 M.R.S.A. Chapter 76.

See "transient accommodation Type 3 (TA-3) – inn."

A parcel of land for which a description has been recorded at the York County Registry of Deeds or described in a lease of no less than 10 years' duration.

The area of land enclosed within the boundary lines of a lot, minus land not suitable for development, pursuant to the definition of "net residential area" in this section and to § 240-9.8 of Chapter 240, Subdivision Regulations.

The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland, and areas beneath public or private streets serving more than two lots.

The lines bounding a lot as defined below:

Single-family homes, transportable in two or fewer sections, which were constructed in a manufacturing facility and transported to a building site, and designed to be used as dwellings when connected to the required utilities, including the plumbing, heating, air-conditioning, and electrical systems contained therein, and which have a pitched roof and do not have smooth or corrugated metal siding.

A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, bait and tackle shops and marine fuel service facilities.

An estimate of the price a property will bring in the open market and under prevailing market conditions in a sale involving an arm's length transaction between a willing seller and an informed buyer, both conversant with the property and with prevailing price levels.

Recreation activities which require the use of motors or engines for the operation of equipment or participation in the activity.

Methods used to determine the nature or extent of mineral resources which create minimal disturbance to the land, including hand sampling or test boring, and reasonable measures to restore the land to its original condition.

The removal of more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location within any twelve-month period, if the material is removed from the extraction site, unless conducted as part of construction activity authorized by a permit.

A manufactured housing unit which was built prior to June 15, 1976.

A parcel of land under unified ownership designed or used to accommodate three or more single-story manufactured housing units.

Indigenous to the local forests.

A lot, structure, or use that does not meet all of the applicable performance standards, which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect. Colloquially, this is often referred to as a "grandfathered" lot, structure, or use.

A lot which lawfully existed at the effective date of adoption or amendment of this chapter and does not meet the area, frontage or width requirements of the district in which it is located.

A structure or portion thereof, lawfully existing at the time of adoption or amendment of this chapter, that does not conform to the setback, height, lot coverage, or footprint regulations of this chapter, which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.

A use of land, building, premises, or structure or parts thereof, lawfully existing at the time of adoption or amendment of this chapter, that is not permitted in the district in which it is located, which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.

Species of vegetation listed by the Maine Department of Agriculture, Conservation and Forestry as being invasive in Maine ecosystems and not native to Maine ecosystems.

A building or land owned by a Maine nonprofit, tax-exempt organization having a principal place of business in Ogunquit, the primary use of which is the presentation of theatrical productions featuring professional actors, directors, musicians, and production crew, but which may also present other performing and visual arts as well. The term "nonprofit performing arts theater" shall include all subsidiary uses customarily associated with the presentation of theatrical productions, including, but not limited to, on-site fabrication of sets, scenery, props, and costumes; housing of actors, musicians, and crew engaged in theater activities; operation of a fly tower; provision and maintenance of parking areas; educational activities; operation of administrative and business offices related to the operations of the theater; and the service of food and beverages to patrons.

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. In the case of wetlands adjacent to rivers, the normal high-water line is the upland edge of the wetland and not the edge of the open water. In the case of land adjacent to tidal waters, the normal high-water line shall be considered to be the highest annual tide (HAT) as identified in the tide tables published by the National Ocean Service (highest annual tide or HAT), as determined by a land surveyor based on the nearest USGS bench mark.

The elevation of the ground surface prior to the time at which a permit application was submitted or construction or earth moving was commenced.

Display of goods, food or beverages for sale to the public on any portion of a lot outside a structure. Vending or buyer-operated retail devices are included in "outdoor sales."

Any perennial or intermittent stream, as shown on the most recent highest resolution version of the national hydrography data set available from the United States Geological Survey on the website of the United States Geological Survey or the National Map, that flows from a freshwater wetland.

The portion of a lot used to provide space for the parking of motor vehicles for the employees or patrons of nonresidential uses or the residents of dwellings located on that lot, provided that in the SG3 District, a parking area may also allow space for the parking of motor vehicles by employees or patrons of nonresidential uses located on a lot that is contiguous to the lot on which the principal use is located.

The principal use of a lot for the parking of motor vehicles.

Partial cooking facilities in a transient accommodation shall be limited only to the provision of one or more of the following items: microwave oven, under-the-counter refrigerator, coffee maker, kitchen sink, countertop hot plate, and countertop toaster oven.

Outdoor recreational activities which involve no structural or mechanical components or facilities, or earthmoving, such as hiking, fishing, hunting, etc.

A floored, roofless and wall-less structure, except that a patio which does not extend more than three inches above original ground level shall not be considered a structure nor shall it be subject to setback requirements (see also "deck") except that, in the Shoreland Zones, patios as defined herein shall meet the setback requirements contained in Table 703.1.[4]

A garden structure built up over a path or narrow terrace, lined with spaced columns or posts that support a framed roof without sheathing. Often vines are trained around the framework of the pergola, and the pergola may lead from one building to another. For the purposes of this chapter, a pergola is a structure that is subject to setback requirements.

An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.

A floored, roofed area attached to the exterior of a building.

The structure in which the primary use of the lot is conducted.

A use other than one which is wholly incidental or accessory to another use on the same lot.

A public right-of-way which allows motor vehicle travel.

Any building, facility, or use held, used or controlled exclusively for public purposes by any governmental body or department or branch of government, including but not limited to federal, state, county or municipal.

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

A governmental entity empowered to hold an interest in real property under the laws of Maine or the United States, or a nonprofit organization whose purposes include the provision of affordable housing or the increasing of affordable housing opportunities for lower-income or moderate-income households, including governmental or quasi-governmental entities such as public housing authorities, community action agencies, or other similar nonprofit or governmental entities committed to providing opportunities for lower-income or moderate-income households to obtain affordable housing.

The following soil series as described and identified by the National Cooperative Soil Survey:

A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, excluding boat-launching facilities.

A vehicle or an attachment to a vehicle designed to be towed, and designed or intended for use as temporary sleeping or living quarters for one or more persons, including pickup campers, travel trailers, tent trailers, camp trailers and motor homes. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground and must be registered with the State Bureau of Motor Vehicles.

A system intended to replace:

A stand of trees remaining in the forest following timber harvesting and related activities.

An establishment where meals are prepared and served for consumption which meets all of the following characteristics:

An establishment where meals are prepared and served for consumption which meets all of the following characteristics:

An establishment where food and/or beverages are prepared and served which meets all of the following characteristics:

An establishment where food and/or only non-alcoholic beverages are prepared and served which meets all of the following characteristics:

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.

The Ogunquit River and the Josias River, within the boundaries of the Town of Ogunquit. The portions of these rivers that are subject to tidal action shall be regulated as coastal wetlands.

A route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles, excluding a driveway as defined.

A permanent protective overhead exterior cover of a structure.

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

Areas of a coastal wetland that support salt-tolerant plant species bordering the landward side of salt marshes or open coastal water, where the soil is saturated during the growing season but which is rarely inundated by tidal water. Indigenous plant species include salt meadow cordgrass (Spartina patens) and black rush; common three-square occurs in fresher areas.

A tree species that is less than two inches in diameter at 4.5 feet above ground level.

A young tree species that is less than 4.5 feet in height above ground level.

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

The minimal horizontal distance from the normal high-water line of a water body or tributary stream, or the upland edge of a wetland, to the nearest part of the structure, road, parking space or other regulated object or area.

The horizontal distance from the front lot line to the nearest part of a structure, including any roof eaves, soffits or overhangs.

The horizontal distance from the rear lot line to the nearest part of a structure, including any roof eaves, soffits or overhangs.

The horizontal distance from the side lot line to the nearest part of a structure, including any roof eaves, soffits or overhangs.

The width of the lot as it fronts the shore of a water body or wetland, as measured in a straight line between the points of intersection of the side lot lines with the shoreline at normal high-water line.

The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; or within 75 feet, horizontal distance, of the normal high-water line of a stream. Includes the Shoreland Limited Residential District, the Shoreland Limited Commercial District, the Shoreland General Development Districts, the Stream Protection District, and the Resource Protection District.

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

Unless exempted in § 225-8.12A(3), any structure or part of the structure attached thereto or painted or represented thereon or therein, regardless whether it is located out-of-doors or inside, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement and which is intended for or effectively achieves the result of announcing, directing and/or advertising to the out-of-doors public. The word "sign" does not include any structure or part of a structure, building or part of a building in existence on December 31, 1930, that is necessary to preserve its historical, architectural and neighborhood significance. For the purposes of this chapter, there are three types of regulated signs:

A sign that is not located on the same contiguous lot or leasehold as the principal use for which it is advertising or directing attention.

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.

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

A tree that has been uprooted, blown down, is lying on the ground, or that remains standing and is damaged beyond the point of recovery as the result of a storm event.

That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the space between such floor and the ceiling next above it. A basement shall be counted as a story for the purpose of height measurement if used for a dwelling unit or for business purposes; accessory use is permitted (refer to definition of "basement").

A public or private way providing frontage to a lot which meets the standards of Article 10 of Chapter 240, Subdivision Regulations, or if legally nonconforming, is recorded on a plan of a subdivision at the Registry of Deeds, or accepted by the municipal legislative body.

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

As applied to a building or structure, any change, modification, reconstruction, or improvement of any wall, ceiling, floor, exit facility, structural part, or commercial equipment, whether or not that alteration affects the external dimensions of the structure.

As defined in Chapter 240, Subdivision Regulations.

Completion of 30% of a permitted structure or use measured as a percentage of estimated total cost.

A collection of treatment devices, including one or more tanks, disposal areas, holding tanks and ponds, surface spray systems, cesspools, wells, surface ditches, alternative toilets, or other devices and associated piping, designed to function as a unit for the purpose of disposing of wastes or wastewater on or beneath the surface of the earth. The term shall not include any wastewater discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system licensed under 38 M.R.S.A. § 413, Subsection 1-A, nor any public sewer nor a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in 38 M.R.S.A. Chapter 13, Subchapter 1.

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

The use of a tent or other similar temporary shelter, not designed for transport on wheels, by a property owner and/or the property owner's family members or house guests for the purpose of recreational shelter or overnight sleeping. This use shall not include any such tent or shelter that serves as a replacement for or alternative to nonrecreational housing, nor any ground development as defined in "individual private campsite."

All waters affected by tidal action during the highest annual tide (HAT) levels as identified in the tide tables published by the National Ocean Service (highest annual tide or HAT), as determined by a land surveyor based on the nearest USGS bench mark.

The cutting and removal of timber for the primary purpose of selling or processing forest products. "Timber harvesting" does not include the cutting or removal of vegetation within the Shoreland Zone when associated with any other land use activities. 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 § 225-9.15L, Clearing or removal of vegetation for activities other than timber harvesting.

Timber harvesting, the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting.

Living space permanently constructed on a full foundation or frost wall and designed for use as a permanent living quarters or as an accessory structure, subject to all applicable land use requirements as a single-family dwellings or as an accessory structure, that:

A person visiting the community and staying at a place that does not constitute his or her permanent residence or usual dwelling unit. The term "transient" shall not include seasonal workers who are staying at a place while employed in the area.

An establishment providing temporary lodging for transients, as defined by this chapter. The maximum area of individual guest accommodations shall be less than 650 square feet, and measurement shall be made using interior room dimensions. Any individual guest accommodations containing 650 square feet or more, regardless of whether or not cooking facilities are provided, shall be considered as a dwelling unit for the purposes of this chapter and subject to all applicable dimensional and net residential area per dwelling unit requirements. Transient accommodation shall be divided into the following categories for the purposes of this chapters:

A woody perennial plant with a well-defined trunk(s) at least two inches in diameter at 4.5 feet above the ground, with a more or less definite crown, and reaching a height of at least 10 feet at maturity.

A channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial, upland vegetation or the presence of aquatic vegetation and a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock, and which flows to a water body or wetland as defined. This definition does not include the term "stream" as defined elsewhere in this chapter, and only applies to that portion of the tributary stream located within the Shoreland Zone of the receiving water body or wetland. Water setback requirements apply to tributary streams within the Shoreland Zones. "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.

As defined in 30-A M.R.S.A. § 4353, as amended.

The boundary between upland and wetland. For purposes of a coastal wetland, this boundary is the line formed by the landward limits of the salt-tolerant vegetation and/or the highest annual tide (HAT) levels as identified in the tide tables published by the National Ocean Service (highest annual tide or HAT), as determined by a land surveyor, whichever is higher, based on the nearest USGS bench mark. 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.

As defined in 30-A M.R.S.A. § 4353, as amended.

All live trees, shrubs, ground cover, and other plants without limitation, regardless of their diameter.

An area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.

All coin-operated or buyer-operated devices, including but not limited to soda vending machines, ice machines, gumball dispensers, snack vending machines and the like. For the purposes of this chapter, buyer-operated newspaper machines, gasoline pumps, automatic teller machines that are connected to a building, pay telephones, and automated multispace parking meters are exempted from this definition and therefore are not regulated by § 225-9.19.

A vernal pool, also referred to as a "seasonal forest pool," is a natural, temporary to semipermanent body of water occurring in a shallow depression that typically fills during the spring or fall and may dry during the summer. Vernal pools have no permanent inlet and no viable populations of predatory fish. A vernal pool may provide the primary breeding habitat for wood frogs (Rana sylvatica), spotted salamanders (Ambystoma maculatum), blue-spotted salamanders (Ambystoma laterale), and fairy shrimp (Eubranchipus sp.), as well as valuable habitat for other plants and wildlife, including several rare, threatened, and endangered species. A vernal pool intentionally created for the purposes of compensatory mitigation is included in this definition.

A vernal pool meeting the criteria for significance as set forth in Department of Environmental Protection (DEP) Rules, Chapter 335, Significant Wildlife Habitat.

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.

Any great pond, river, stream or tidal area.

Any building, structure, device or object extending from one bank to the opposite bank of a river, stream, tributary stream, or wetland, whether under, through or over the watercourse 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.

A freshwater or coastal wetland.

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts and which is intended to primarily reduce on-site consumption of utility-provided electrical power.

The ability of a forest stand to withstand strong winds and resist windthrow, wind rocking, and major breakage.

Any antenna, satellite dish, microwave dish or equipment used for receiving, relaying or transmitting radio, telephone, television, or any other electromagnetic based communication or data transfer, or any tower, pole or structure supporting such equipment.

Live trees or woody, non-herbaceous shrubs.