If there is any difference of meaning or implication between the text of this chapter and any map or illustration other than the Official Shoreland Zoning Map, the text shall control. Within the Shoreland Zone, the Official Shoreland Zoning Map shall control. Terms not defined in this section shall have their commonly accepted meanings. Certain terms specific to the Shoreland Zone are defined in section 78-1218. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access strip means the contiguous and fee simple portion of an estate lot, measuring no less than 50 feet in width and no more than 700 feet in length, that provides an estate lot with legal street and lot frontage on a public street.

Accessory building. See Structure, accessory.

Accessory dwelling unit means a self-contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land.

Accessory use. See Use, accessory.

Adult business means any business in any use category, a substantial or significant portion of which consists of selling, renting, leasing, exhibiting, displaying or otherwise dealing in materials or devices of any kind which appeal to prurient interests and which depict or describe specified sexual activities.

Adult entertainment means any business in any category, a substantial or significant portion of which consists of selling, renting, leasing, displaying, or exhibiting live participants or otherwise dealing in materials or devices of any kind which appeal to prurient interests and which depict or describe specified sexual activities.

Age-restricted housing means residential housing designed and operated in accordance with the Federal Older Persons Act of 1995, in which at least 80 percent of occupied units contain at least one person aged 55 years or older, a maximum of 20 percent of the units may be occupied by residents between the ages of 18—54, and children under the age of 18 may visit but may not establish permanent residence.

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

Americans with Disabilities Act of 1990 (ADA) means the federal law governing the design and construction of buildings and site improvements to accommodate free access and use by citizens with physical disabilities.

Amusement arcade means a building or part of a building in which the principal use is devoted to pinball machines, video games, or in which other similar player-operated amusement devices are maintained.

Amusement park means a principal use of land upon which one or more commercial amusement rides, games or attractions are erected, installed or placed for the purpose of entertaining or amusing patrons.

Animal husbandry means boarding, raising, breeding or keeping of animals, fowl or birds for commercial purposes, including but not limited to poultry, cattle, horses and deer herds.

Antenna means any pole, panel, rod, reflecting disc or similar device used for the transmission or reception of radio or electromagnetic frequency signals.

Antenna height means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure, even if such highest point is an antenna.

Aquaculture means the growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.

Apartment means a room or suite of rooms affording housekeeping and cooking facilities separate from those of other rooms and occupied as the home or residence of one person or a family.

Apartment house means a residential building containing three or more apartments.

Artist or craftsman studio means a business or commercial establishment which provides working space for artists or craftspeople, including facilities for classes or demonstrations. Activities may include the sale of supplies or materials necessary for these activities.

Auditorium means a municipal, county or a state or quasi-municipal-, quasi-county- or quasi-state-owned or -operated auditorium or civic center.

Auto service station means a place where gasoline or any other automobile engine fuel, kerosene, or motor oil or lubricant or grease, for operation of motor vehicles, is retailed directly to the public on the premises, including the sale of minor accessories and the servicing and minor repair of automobiles and not including storage of unlicensed vehicles or body, frame, or fender straightening and repairs.

Automobile filling station means a business establishment where the primary use is engaged in the sale of engine fuel stored only in underground tanks, kerosene, motor oil, and lubricants directly to the public.

Automobile graveyard/junkyard means a yard or field or other area used as a place of storage for three or more unserviceable, discarded, worn-out, or junked motor vehicles.

Automobile repair garage means a place where, with or without the attendant sale of engine fuels, the following services may be conducted: general repair, engine rebuilding or reconditioning of motor vehicles, collision service such as body frame or fender straightening and repair, overall painting and undercoating of automobiles. Towing businesses shall be included in this category.

Awning means a roof-like covering that is temporary in nature, generally of canvas or other fabric, usually affixed over windows and doors of a structure to provide protection from the elements.

Background. See Distance zones.

Baluster, balustrade means a shaped, short vertical member, often circular in section, supporting a railing or cap and arrayed in a series to form an architectural feature on porch or building rooftops as a decorative element.

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

Basement means a portion of a building partly underground but having more than half its clear height below the average grade of the adjoining ground.

Bathhouse means a facility providing changing rooms, secure lockers or storage facilities, showers, and/or restroom facilities available to the beach-going public.

Bed and breakfast establishment/inn means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. For the purpose of this chapter, bed and breakfast inns are considered a nonresidential use.

Billboard means a sign, structure, or surface exceeding six square feet in area which is available for advertising goods or services available off the premises, excluding directional signs.

Boarding and riding stable means an accessory building in which horses are kept for private use and not for remuneration, hire, or sale.

Boardinghouse means a building in which more than two but not more than nine guestrooms are offered for lodging with meals for compensation.

Boat-launching facility means 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.

Bog means a periodically or continually wet spongy area exceeding 1,000 square feet in area with soil composed mainly of decayed vegetable matter.

Bottle club means a premises which operates on a regular basis for the use of members and guests who provide their own alcoholic beverages.

Bracket means a projecting support placed under an architectural overhang such as a cornice; often ornate and popular on Victorian-style architecture.

Buffer; buffering means the application of earthwork, vegetation, fences, walls, or combination thereof for the purpose of establishing 75 percent to 100 percent visual blockage of one land use from set vantage points on another property.

Buildable area means the contiguous portion of land available to support construction after net lot area; front, side, and rear lot setback yards; and shoreland zoning setbacks have been subtracted from the total surface area of a lot.

Building means any enclosed structure affording support, shelter, or enclosure to persons, animals, goods or property of any kind. The term "building" includes the term "structure."

Building, accessory. See Structure, accessory.

Building coverage means the percentage of the lot which is covered by all buildings.

Building elevation means a scaled and accurate drawing of the perpendicular view of a side of a building, intended to illustrate the design character of an existing or proposed structure.

Building height means the vertical height from the sidewalk or finished grade at the center of the front of the building to the highest point of the roof, if a flat roof; to the deck line, for mansard roofs; and to the mean height of the roof if a gable roof.

Building, nonconforming, means a building, structure, use of land or portion thereof, existing at the effective date of adoption or amendment of the ordinance from which this chapter derives, which does not conform to all applicable sections of this chapter for the district in which it is located.

Bulk means size of a building measured by both its volume and its external dimensions. In design terms, the perceived size of a structure from a variety of viewpoints

Bungee jumping means an amusement ride where patrons are elevated to a designated height and allowed to drop, suspended by elastic-type cords.

Business and industrial services means establishments primarily engaged in providing assistance, as opposed to products, to commercial and industrial businesses, including but not limited to the following types of services: commercial laundries, data processing facilities, photocopying production, advertising and marketing, building maintenance, employment services, management and consultant services, protective services, equipment rental and leasing, photo finishing.

Cafe means a food service establishment providing foodstuffs and/or nonalcoholic beverages for consumption on or off the premises with a service counter not directly accessible to the public from outside of the building, and indoor seating for not less than eight persons. Cafes may offer sidewalk cafe service provided that the number of outdoor seats does not exceed the number of indoor seats provided.

Cafe, sidewalk, means an outdoor seating area, ancillary to an indoor food service facility, providing customer seating located adjacent to a public or private sidewalk, and is separated from the sidewalk by elevation change, fence or wall or any combination thereof.

Caliper means the cross sectional width of the trunk of a tree or other woody vegetation as measured at a height of 54 inches from the ground at the base of the tree.

Campground means land upon which one or more recreational vehicles or tents are placed for seasonal use on sites specifically arranged for that purpose, and for which a fee is charged.

Campground expansion means the creation of one or more new campsites, including the construction of permitted accessory structures on such site, or the permitted creation or construction of one or more new buildings, within an existing campground.

Camping trailer means type of recreational vehicle that is a portable structure built on a chassis, designed to be towed by a vehicle and used as a temporary dwelling for travel, recreational and vacation. The portable structure may be a canvas folding structure or it may be made up of solid walls.

Camp model (park model) trailers means a type of recreational vehicle containing no more than 400 square feet of floor area and not transported on public roads on a regular basis.

Campsite (site) means an identified area of ground within a campground set aside for the placement and occupancy of a tent or recreational vehicle.

Campsite upgrade means the addition of any new utility hookup, construction of any freestanding or attached deck, outdoor patio, or a structure on an existing campsite in a commercial campground.

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

Cellar means a portion of the building partly underground, but having half or more of its clear height below the average grade of the adjoining ground.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct continuously or periodically flowing water.

Channel flow means water flowing within the limits of the defined channel.

Chem-free club/nonalcoholic establishment means a public establishment offering public dancing or live entertainment and serving exclusively nonalcoholic beverages as the primary sales item with the service or sale of food as accessory to the sale of beverages.

Child care facilities mean as follows:

(1)

Day care facility means a house or place in which 13 or more children may for consideration be cared for, on either a regular or nonrecurring basis, and which is licensed by the state department of human services as a day care facility, also which conforms to section 78-1268.

(2)

Family day care home means a house or other place in which one to six children may for consideration be cared for and which fully complies with the rules and regulations of the state department of human services, also which conforms to section 78-1268.

(3)

Group day care home means a house or other place in which seven to 12 children may for consideration be cared for and which is licensed by the state department of human services as a day care facility, also which conforms to section 78-1268.

(4)

Nursery school means a house or other place in which a person or combination of persons maintains or otherwise carries out for consideration during the day a regular program which provides care for three to 12 children, provided that:

a.

No session conducted for the children is longer than 3½ hours in length;

b.

No more than two sessions are conducted per day;

c.

Each child in attendance at the nursery school attends only one session per day; and

d.

No hot meal is served to the children.

e.

Also, which conforms to section 78-1268.

Church means an institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" includes buildings in which the religious services of any denomination are held.

Clapboards means narrow wood boards applied horizontally to an exterior wall, each overlapping the board below it to create a continuous siding.

Club means any reputable group of individuals incorporated and operating in a manner solely for a recreation, social, patriotic, or fraternal nature and not for monetary gain.

Cluster development means a subdivision of land into lots used or available for use as building sites where such lots are grouped together into one or more areas separated from adjacent property and other groups of lots by intervening common land.

Coastal wetlands. See Wetland, coastal.

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

Collocation means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

Columbarium means a vault or other structure with recesses in the walls to receive the ashes of the dead.

Commercial amusement means any building, structure, use of land, or portion thereof designed, constructed and/or operated, primarily for profit, as a place of amusement or recreation.

Commercial parking lot. See Parking lot, commercial.

Commercial use. See Use, commercial.

Community living arrangement means a housing facility for eight or fewer persons with disabilities, otherwise defined as "handicaps" under the Federal Fair Housing Act (42 USC 3602), that is licensed and/or approved by the state as a group home, foster home, or intermediate care facility. Community living arrangements shall be considered as single-family uses under this chapter pursuant to 30-A M.R.S.A. § 4357-A.

Conditional use. See Use, conditional.

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

Conforming use. See Use, conforming.

Congregate care facility means a facility containing two or more dwelling units and/or rooming units where the occupancy of the units is restricted to persons 62 years of age or older, their spouses or surviving spouses, except for rooms/units occupied by resident staff personnel; which provides a program of support services to residents; which may include a common dining facility; and which may include common recreational, social and service facilities for the exclusive use of residents and available to all residents. The term "congregate care facility" includes specialized facilities for persons with Alzheimer's disease or other afflictions of the elderly for which specialized care outside a nursing home may be appropriate. The word "spouses" as used in this definition may include persons who are not married but are living together in a domestic relationship.

Contractor storage yard 1 means the principal place of business for a building or landscape contractor operating a fleet of three or more construction/commercial vehicles and customarily consisting of offices, display areas, storage yards for building supplies, earth material, construction vehicle storage, and fueling storage facilities not exceeding 10,000 gallons in capacity and used exclusively for the fueling of the vehicles stored on site.

Contractor storage yard 2 means a yard, building, or combination thereof in which no more than two commercial vehicles, equipment, building supplies, and/or earth material are stored for use by a building or landscape contract tradesman solely for the conduct of the contract business and not for on-site display or resale to the general public.

Constructed includes the term "built," "erected," "altered," "reconstructed," "moved upon." Any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like shall be considered a part of construction.

Contiguous means located next to; touching or adjacent.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption, and having less than 2,000 square feet of net leasable area (NLA).

Convention center means an enclosed indoor facility used primarily for meetings, conventions, trade shows, and similar events, and which customarily includes such accessory uses and facilities as restaurants and concession stands. Lodging facilities may be associated with a convention center facility.

Corner lot. See Lot, corner.

Cornice. a continuous molded architectural projection that visually crowns or finishes the part of the building to which it is attached. Most commonly used over doorways, at the junction of first and second floors on commercial storefronts, and at the junction of the roof and wall.

Cross-sectional area of a stream or tributary stream channel means an area which 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.

Cul-de-sac means a local street, one end of which is closed and consists of a circular turnaround.

Cupola means a small structure, usually dome or conical shaped, mounted on a building roof, for ornamental or observation purposes.

Curbline tangent means the projection of an orthographic line between two points at the edge or the curb of a street that is parallel to the centerline of such street.

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

Dependent recreational vehicle means a recreational vehicle which is dependent upon a service building for toilet and lavatory facilities.

Dimensional requirements means numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage, road frontage, building coverage, lot coverage and height.

Disability means 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.

Disruption of shoreline integrity means 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.

Distance zones means areas of the viewer's field of vision defined by distance from the observer as follows:

(1)

Background means the portion of the visual field where landscape elements are discernable as silhouettes or skylines and serve as a foil against which midground features are more clearly visible (often three miles to infinity).

(2)

Foreground means the distance from the viewer at which feature details in the landscape such as leaves, bark, patterns, and human features are visually discernable (often zero to one-fourth mile).

(3)

Midground means the distance from the viewer in which individual elements of the landscape form units, such as trees form forests or sand forms a sweeping beach; colors are distinct although somewhat bluer (often one-fourth mile to three miles).

District (zoning district) means a specified portion of the town delineated on the official zoning map, within which certain regulations and requirements or various combinations thereof apply under the terms of this chapter.

Dormer means a roofed structure with a vertical window projecting from a pitched roof.

Downlight means a building- or pole-mounted lighting fixture designed to direct the beam of light perpendicular (90 degrees) to the earth's surface. The term "shielded downlights" means downlights in which the lightbulb and reflector are shielded from view.

Drinking establishment means any establishment which is licensed by the state to serve alcoholic beverages for on-premises consumption, unless the establishment (i) is equipped with a separate and complete kitchen and with dining room equipment; (ii) has the capacity to prepare and serve full course meals; and (iii) is primarily and regularly used for the purpose of providing full course meals. The term "full course meals" means meals consisting of a diversified selection of food which ordinarily cannot be consumed without tableware and cannot be conveniently consumed while standing or walking. The term "drinking establishment" does not include an establishment licensed under 28-A M.R.S.A § 1061 et seq. as a hotel, bed and breakfast, golf course or club.

Drive-through (drive-thru) facility means any use in which goods, food, services, or money is dispensed directly to occupants of a motor vehicle.

Driveway means a vehicular accessway less than 500 feet in length serving two lots or less.

Drug paraphernalia means all equipment, products and materials of any kind that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a scheduled drug in violation of this chapter or 22 M.R.S.A. § 2383, except that this section does not apply to a person who is authorized to possess marijuana for medical use pursuant to 22 M.R.S.A. § 2383-B, subsection 5, to the extent the drug paraphernalia is required for that person's medical use of marijuana. It includes, but is not limited to:

(1)

Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a scheduled drug or from which a scheduled drug can be derived;

(2)

Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing scheduled drugs;

(3)

Isomerization devices used or intended for use in increasing the potency of any species of plant that is a scheduled drug;

(4)

Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of scheduled drugs;

(5)

Scales and balances used or intended for use in weighing or measuring scheduled drugs;

(6)

Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting scheduled drugs;

(7)

Separation gins and sifters, used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(8)

Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding scheduled drugs;

(9)

Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of scheduled drugs;

(10)

Containers and other objects used or intended for use in storing or concealing scheduled drugs; and

(11)

Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

a.

Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

b.

Water pipes;

c.

Carburetion tubes and devices;

d.

Smoking and carburetion masks;

e.

Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

f.

Miniature cocaine spoons and cocaine vials;

g.

Chamber pipes;

h.

Carburetor pipes;

i.

Electric pipes;

j.

Air-driven pipes;

k.

Chillums;

l.

Bongs; or

m.

Ice pipes or chillers.

Dumping station means a facility used for removing and disposing of wastes from recreational vehicle holding tanks.

Dwelling means a building a portion thereof used exclusively for residential occupancy, including one-family, two-family, and multifamily dwellings, but not including hotels, motels, lodging houses or boardinghouses. The term "dwelling" includes the term "residence."

Dwelling, multifamily, means a residence designed for or occupied by three or more families with separate housekeeping and cooking facilities for each.

Dwelling, single-family, means a detached residence designed for or occupied by one family only. Only one such single-family dwelling shall be permitted per lot.

Dwelling, two-family, means a detached residence designed for and occupied by two families only, with separate housekeeping and cooking facilities for each.

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

Dwelling, yearround, means any structure used or capable of being used as a residence for one or more persons, which possesses the minimum amount of utilities and services, including but not limited to heating, water supply, sewage treatment and electrical and cooking facilities, to permit the structure to be used continuously as a residence during the entire calendar year and the occupancy of which would not require a seasonal structure conversion permit under article III of chapter 34 pertaining to conversion of the seasonal structures.

Earth means topsoil, sand, gravel, clay, rock, or other minerals which may be extracted from the land.

Eave means the lower part of a building roof that projects beyond the building wall.

Elderly housing means a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 62 years of age or older or couples where either the husband or the wife is 62 years of age or older. This does not include a development that contains convalescent or nursing facilities. As used in this definition, the terms "couples," "husband" and "wife" may include persons who are unmarried but are living together in a domestic relationship.

Emergency operations means 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.

Essential services means 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, supply or disposal 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.

Estate lot means a building lot with legal access to a public street or approved private way via a minimum 50-foot-wide access strip which is in fee part of the lot.

Excavation means any removal of earth or earth materials from its original position.

Expansion of a structure means an increase in the floor area or volume of a structure, including all extensions such as but not limited to attached decks, garages, porches and greenhouses.

Expansion of a wireless telecommunications facility means the addition of antennas, towers, or other devices to an existing structure.

FAA means the Federal Aviation Administration or its lawful successor.

Facade means the exterior face of a building, most often the front exhibiting the most ornate or articulated elevation.

Family means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, lodging house, or hotel. The maximum number of persons occupying a premises shall be governed by the ICC International Property Maintenance Code, section 404.

Family unit means a unit which is occupied by a family, as defined by this chapter.

Farm products means useful or valuable growth of the field or garden, nursery stock and greenhouses, but excluding animal husbandry.

Farm stand means a roadside stand not exceeding 400 square feet in floor area selling only farm, garden, greenhouse or nursery products.

Farming means the cultivation of the soil for food products or other useful or valuable growth of field or garden, nursery stock and noncommercial greenhouses, but excluding animal husbandry.

FCC means the Federal Communications Commission or its lawful successor.

Fenestration means the design and arrangement of windows in a building.

Fifth wheel means an articulated bearing or coupling or horizontal bearing that allows a vehicle's front axle to swivel left or right relative to its body, or that allows a trailer attached to a truck tractor to pivot.

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

Fire wall. See Wall, fire.

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

Floodplain means the areas designated as being in the special flood hazard area on the flood insurance rate map of the town, published by the Federal Emergency Management Agency, July 5, 1984, or as amended from time to time.

Floodway means 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.

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

Floor area, gross, means the sum in square feet of floor areas of all roofed portions of a building as measured from the interior faces of the exterior walls.

Floor area, net, means the total floor area designed for tenant occupancy and exclusive use, excluding basements mezzanines, stairwells, closets and bathrooms if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Food cart means a non-permanent food and beverage service establishment that is a non-motorized vehicle self-propelled by the operator. This definition shall also include food and beverage service establishments pulled by a motorized vehicle.

Food stand means a non-permanent structure used to sell prepared and/or pre-packaged food and beverages.

Food truck means a motorized vehicle that is completely mobile from which prepared and/or pre-packaged food and beverages are sold. The term "food truck" shall not include ice cream trucks.

Footprint means the portion of a lot covered by all portions of any structure, including decks, porches, cantilevered sections and roof overhangs.

Foreground. See Distance zones.

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

Forest stand means 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.

Foundation means the supporting substructure of a building or other structure, including but not limited to basements, slabs, sills, posts or frost walls.

Frontage, lot. See Lot frontage.

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

Frontage, street, means that portion of a property lot line, measured in horizontal distance, that directly abuts a public street or a street that has been improved to construction standards approved by the planning board as prescribed by chapter 74 pertaining to subdivisions and/or this chapter. Any property line that can be defined as "street frontage" is also defined as the "front lot line" of a parcel.

Fuel storage and distribution facility means a commercial facility where fuel products such as but not limited to petroleum, natural gas, propane, ethane, and butane are stored and loaded for wholesale and/or retail distribution to residential and commercial customers. Automobile filling stations and ancillary fuel storage for the exclusive use of the property owner shall not be considered a fuel storage and distribution facility.

Functionally water-dependent uses means 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 (excluding recreational boat storage buildings); finfish and shellfish processing; fish storage and retail and wholesale fish marketing facilities; waterfront dock and retail and wholesale fish marketing facilities; waterfront dock and port facilities; shipyards and boatbuilding facilities; marinas; navigation sides, basins and channels; retaining walls; 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.

Gable means the vertical triangular shape of a building wall above cornice height formed by two sloping roof planes.

Games of skill means an activity of amusement or diversion, either mechanical or manual, by which success is achieved by the ability to perform such activity.

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

Great pond means any inland body of water which in a natural state has a surface area in excess of ten 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.

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

Greenhouse means a structure enclosed by transparent/translucent materials in which plants requiring an even temperature are grown.

Gross floor area. See Floor area, gross.

Gross vehicle weight means the rated working weight of a motor vehicle by the U.S. Department of Transportation consisting of the net weight of the vehicle plus the weight of the load the vehicle was designed by the manufacturer to haul.

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

Hardship, undue. Undue hardship exists when:

(1)

The land in question cannot yield a reasonable return unless a variance is granted;

(2)

The need for a variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood;

(3)

The granting of the variance will not alter the essential character of the locality; and

(4)

The hardship is not the result of action taken by the applicant or a prior owner.

Harvest area means the area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than ten acres within the area affected by a harvest.

Head shop means a building or place where drug paraphernalia is sold or offered for sale or where merchandise is displayed for the purpose of sale and/or for the purpose of promoting sales and where either the nature of the merchandise or the nature of some of the merchandise and the context in which it is displayed would indicate to a reasonably knowledgeable person that some of the merchandise is equipment, products or materials designed or marketed for use as drug paraphernalia. An establishment which meets this definition is considered a head shop, notwithstanding that it may also sell or display other types of merchandise.

Health care facility means a facility where medical or other treatment or care is provided for persons suffering from physical or mental illness, disease or infirmity.

Health club means a public or private facility providing exercise and/or weight lifting equipment, aerobics, yoga, gymnastic, swimming, sauna or similar type facilities for the promotion of exercise and health maintenance.

Health services means health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.

Height of a wireless telecommunications facility means the vertical measurement from a point on the ground at the mean finished grade adjoining the foundation as calculated by averaging the highest and lowest finished grade around the building or structure to the highest point of the building or structure. Measurement of the highest point shall exclude flagpoles, chimneys, ventilators, skylights, domes, water towers, bell towers, church spires, tanks, bulkheads, or other building accessory features usually erected at a height greater than the main roofs of buildings, but shall include the entirety of the wireless telecommunications towers.

Historic district means a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects which are united aesthetically, by past events, plan or physical development, and identified by the town, which is listed or is eligible to be listed on the National Register of Historic Places or is of such local significance as to be deemed significant by the comprehensive plan or town ordinances. Such historic districts may also comprise individual elements separated geographically, but linked by association or history.

Historic landmark means any improvement, building or structure of particular historic or architectural significance to the town relating to its heritage or cultural, social, economic or political history or which exemplifies historic personages or important events in local, state or national history.

Historic or archaeological resources means resources that are:

(1)

Listed individually in the National Register of Historic Places or eligible for listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district; or

(3)

Areas identified by the state historic preservation commission or the town as having significant value as historic or archaeological resources on a statewide, regional, or local basis.

Home occupation means 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, carried on by household members occupying the dwelling unit, clearly incidental and secondary to the use of the dwelling unit for residential purposes, which can be conducted within a residential dwelling without changing the appearance or condition of the residence or accessory structures, and which conforms to the requirements of section 78-1267.

Hotel means a building used for transient or permanent lodging of individuals, with or without meals, having ten or more guestrooms. For the purpose of this chapter, a hotel is considered a nonresidential use.

Hydric soils means soils that are classified as poorly drained and very poorly drained by the county soil and water conservation district.

Hydrophytic means vegetation that is specifically adapted to submerged or saturated soil conditions and is classified by the U.S. Fish and Wildlife Service, U.S. Department of Agriculture, in the National List of Plant Species that Occur in Wetlands (NERC-88/18.19 or updated version).

Impervious surface means any material constructed on or over the ground that prevents 80 percent or greater of surface precipitation from infiltrating into the underlying soil, including but not limited to buildings, pavement and curbing, sidewalks, steps, and patios.

Individual medical marijuana caregiver: A person who is designated by a qualifying patient and authorized to assist the qualifying patient with the medical use of marijuana in accordance with state rules and law.

Interior lot. See Lot, interior.

Junk means waste or discarded material which may be treated or prepared to be used again in another form.

Junkyard means a yard, field, or other area used as a place of storage, keeping, sorting, processing, baling, or abandonment of junk, including but not limited to scrap metal or other materials such as paper, rags, bottles, automobiles, or other vehicles, machinery or parts thereof.

Lagoon means an artificial enlargement or creation of a water bed, primarily by means of dredging and excavation.

Land management road means 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.

Landscape, landscaping means the installation of plant material.

Level of service (LOS) means the amount of delay that is encountered at a traffic intersection as defined by the state department of transportation (MDOT).

Licensed forester means a forester licensed under 32 M.R.S.A. Chapter 76.

Light manufacturing. See Manufacturing, light.

Limited expansion of lot coverage means the expansion of maximum lot coverage by no more than five percent.

Limited reduction of yard size means the reduction of a required front yard by no more than 25 percent or the reduction of a required side or rear yard by no more than 50 percent of either the required side or rear yard setback in the district.

Lodge or fraternal organization means a private building used by a fraternal, philanthropic or other civic organization and which may be made available from time to time for community functions.

Lodging establishment means a hotel, motel, bed and breakfast establishment or inn.

Lot means a parcel of land described on a deed, plan, or similar legal document, which is of sufficient area to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open areas as are required in this chapter. The term "lot" includes the term "plot" or "parcel."

Lot area, net, means the area of contiguous land suitable to support a building unit enclosed within the boundary lines of a lot, minus land below the normal high water line of a waterbody or upland edge of a wetland, areas beneath roads serving more than two lots, or land with slope gradients of 50 percent or more.

Lot, corner, means a lot with at least two contiguous sides abutting upon a street.

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

Lot frontage means the contiguous street frontage of a parcel of land required to meet the space and bulk requirements of a zoning district.

Lot in residential use means a lot on which a dwelling exits on February 3, 1998 or a vacant nonconforming lot of record on which a residential dwelling is proposed.

Lot, interior, means any lot other than a corner lot.

Lot lines means the lines bounding a lot as defined as follows:

(1)

Front lot line, on any interior lot, means the line separating the lot from the street. On a corner lot or through lot, the line separating the lot from either street.

(2)

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

Lot of record means a parcel of land, a legal description of which dimensions of which are recorded on a document or map on file with the county registry of deeds on the effective date of the ordinance from which this chapter derives or for any amendment to this chapter which affects the status of such parcel.

Lot, shoreland, means any lot abutting a waterbody or wetland.

Lot, through, means any interior lot abutting two more or less parallel streets, as distinguished from a corner lot. All lot lines of through lots abutting streets shall be considered front lot lines, which must meet the required minimum lot frontage, and front yards shall be provided as required.

Lot width means the horizontal distance between the side lot lines measured at the setback line.

Manufactured housing subdistrict means an area within a zoning district in which manufactured housing units can be located on undeveloped lots subject to the same requirements as single-family detached dwellings except as provided in division 11 of article VIII of this chapter.

Manufactured housing unit means a structure, transportable in one or more sections, which was constructed in a manufacturing facility and is transported to a building site and designed to be used as a dwelling when connected to the required utilities, including plumbing, heating, air conditioning and electrical systems contained therein. For the purpose of this chapter, a manufactured structure constructed in compliance with the BOCA/CABO building codes and being at least 20 feet in width shall not be considered a manufactured housing unit. The term manufactured housing unit does not include a "park model" recreational vehicle.

Manufacturing, light, means a use engaged in the manufacture, 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 basic industrial processing.

Manufacturing, processing and treatment facilities means the making of goods and articles by hand or machinery, including assembly, fabrication, finishing, packaging and processing.

Marijuana: 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.

Marina means 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.

Market value means the estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

Marsh means a periodically or continually flooded land exceeding 1,000 square feet in area with the surface not deeply submerged, covered predominantly with sedges, cattails, rushes, or other hydrophytic plants.

May is permissive.

Mean height means the vertical height from the finished grade at the center of the front of the building to a point halfway between the line of the eaves and the ridgepole of a gable roof.

Medical clinic means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

Medical marijuana: Marijuana that is acquired, possessed, cultivated, manufactured, used, delivered, transferred or transported to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition.

Medical marijuana caregiver: A person, licensed hospice provider or licensed nursing facility that is designated by a qualifying patient to assist the qualifying patient with the medical use of marijuana in accordance with state law. A person who is a medical marijuana caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense.

Membrane-covered frame structures. A nonpressurized building wherein the structure is composed of a rigid framework to support a tensioned membrane which provides the weather barrier.

Memorial garden means a garden to receive the ashes of the dead with commemorative signage limited to a single centralized sign, marker, plaque, or stone.

Midground. See Distance zones.

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

Mineral extraction means any operation within any 12-month period which removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and to transport the product removed, away from the extraction site.

Minimum open space means open space in a campground overlay district or PMUD district that is dedicated to remain undeveloped in order to meet space and bulk requirements of the district and provide light, air circulation, wildlife conservation, natural resource protection and/or either passive or active recreational facilities for the benefit of the owners and users. For the purpose of this chapter, minimum open space shall not include streets, roads/driveways, sidewalks, parking areas, and maintenance yards, but can include swimming pools, hiking trails, ponds, lawns, athletic fields, and outdoor recreational facilities.

Mobile home means a structure designed as a dwelling unit which may be placed on a permanent foundation, and containing sleeping accommodations, toilet, tub or showerbath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems, and designed to be transported after fabrication upon its own wheels. A mobile home shall contain not less than 600 square feet of gross floor area. The term mobile home does not include a "park model" recreational vehicle.

Mobile home park means a parcel of land under unified ownership designed and/or used to accommodate three or more manufactured housing units.

Mobile home park lot means an area of land on which an individual manufactured housing unit is situated within a mobile home park and which is reserved for use by the occupants of that unit.

Modular home means a prefabricated dwelling of more than one section designed to be placed permanently on a masonry foundation after transportation to its permanent site. The term modular home does not include a "park model" recreational vehicle.

Motel means a structure designed for overnight accommodation of motorists and other transients in units containing sleeping, bathing, and toilet facilities, and providing at least one off-street parking area for each unit. Motel units may also include cooking facilities. A motel may provide, as accessory uses, a dining room with necessary kitchen facilities and retail sales provided the sales area is entered through the motel's lobby. For the purpose of this chapter, a motel is considered a nonresidential use.

Motor freight business means a business which transports goods and materials for others from one location to another utilizing motor vehicles with a gross vehicle weight in excess of 18,000 pounds and most commonly with truck tractors and trailer equipment, also referred to as "semitrailers." A business which utilizes motor freight vehicles to transport, deliver, or distribute products which it produces or sells and which does not routinely carry freight for others is not a motor freight business.

Motor home means type of recreational vehicle that is a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

Multifamily dwelling. See Dwelling, multifamily.

Municipal use means any building, structure, facility, storage area, parking facility, utility, or other use owned, operated, or maintained by or on the behalf of the town.

Native means indigenous to the local forests.

Natural condition means the environmental condition of a parcel of land or water that is undisturbed by human activities or actions. For the purposes of restoring disturbed land, the term "natural condition" refers to the replacement of disturbed soils, replanting of the groundcover, shrub cover, and tree canopy vegetation with species natural to the area. Dimensions of tree replacements should, at a minimum, conform to the standards of section 78-1772.

Net amusement area means the total floor area of all primary and complementary uses in the amusement overlay district (AO), exclusive of exterior pedestrian circulation paths and walkways, refuse and fuel storage areas, administrative offices, driveways, employee parking areas, building basements and stairwells.

Net development density (NDD) means the area of a parcel suitable for building development, calculated by subtracting the area of site constraints as identified as follows from the total parcel area:

(1)

All wetlands, watercourses and very poorly drained soils;

(2)

All access roads or 15 percent of lot; and

(3)

Steep slopes in excess of 50 percent.

Net floor area. See Floor area, net.

No hookup campsite means a campsite that contains on-site parking, and provides no on-site utility hookups except for a water spigot, and is designed to be occupied by tents, pop-up trailers and small towed trailers.

Nonconforming building. See Building, nonconforming.

Nonconforming condition means a non-conforming lot, structure or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.

Nonconforming lot means a single lot of record which, at the effective date of adoption or amendment of this chapter, does not meet the area, frontage, or width requirements of the district in which it is located.

Nonconforming structure means a structure which does not meet any one or more of the following dimensional requirements; setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendments took effect.

Nonconforming use. See Use, nonconforming.

Normal high water line of coastal waters means that line on the shore of tidal waters at the upland edge of the coastal wetland, as defined by this chapter.

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

Nursery means any land used in which the primary use of the land is to raise trees, shrubs, flowers, and other plants for sale or for transplanting.

Nursing home means any dwelling in which three or more aged, chronically ill, or incurable persons are housed and furnished with meals and nursing care for compensation.

Open space use. See Use, open space.

Overnight cabin means a small detached dwelling unit providing overnight accommodations to overnight guests for a fee. For the purpose of this chapter, overnight cabins are considered a nonresidential use.

Parking lot means a parcel of land designed for the off-street parking of motor vehicles, excluding trailer parks.

Parking lot, commercial, means a parking lot providing off-street parking to the public for direct or indirect compensation for more than ten days out of a calendar year.

Parking lot, valet, means an off-street parking lot associated with a specific use in which vehicles are parked exclusively by an on-site attendant often for a fee.

Park model means a towable recreational vehicle that contains no more than 400 square feet of floor area and that lacks holding tanks and/or dual-voltage appliances so that it must be connected to utility hookups in order to operate installed fixtures and appliances. In order to be considered a recreational vehicle under this ordinance, a park model cannot be occupied between November 1 ^st and March 31 ^st .

Performing arts facility means a facility which includes a fixed permanent structure and which regularly presents events, such as but not limited to sporting events, conventions, trade shows, concerts, and performing arts.

Permanent foundation means a substructure fabricated to provide support and to transmit the live and dead load of a building or structure onto suitable bearing soils as required by the building code as adopted by the town.

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

Personal services means establishments primarily engaged in providing services involving the care of a person or his personal goods or apparel.

Pick-up coach means type of recreational vehicle that is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation, also known as a camper truck. This includes recreational vehicles commonly referred to as truck campers.

Piers, docks, wharves, bridges, and other structures and uses extending over or beyond the normal high water line or within a wetland means as follows:

(1)

Permanent means structures which remain in or over the water for six months or more in any period of 12 consecutive months.

(2)

Temporary means structures which remain in or over the water for less than six months in any period of 12 consecutive months.

Pitched, shingled roof means a roof with a pitch of two or more vertical units for every 12 horizontal units of measurement and which is covered with asphalt or fiberglass composition shingles or other materials, but specifically excludes corrugated metal roofing material.

Plant material means vascular vegetation, including but not limited to trees, shrubs, herbaceous vegetation, flowers, grasses, and herbaceous ground covers.

Primitive campsite means a campsite that contains on-site parking, and provides no on-site utility hookups except for a water spigot, and is designed to be occupied by tents, pop-up trailers and small towed trailers.

Principal structure. See Structure, principal.

Principal use. See Use, principal.

Private utility facility. See Public/private utility facility.

Professional office means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Public building means a building owned, operated or funded in whole or in part by the town which members of the general public have occasion to visit, either regularly or occasionally, such as but not limited to the town hall, the public library, the police and fire stations.

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

Public/private utility facilities means facilities for the transmission or distribution of water, gas, sewer, electricity or wire communications, excluding wireless telecommunications facilities.

Recent floodplain soils means the following soil series as described and identified by the National Cooperative Soil Survey:

Recreational facility means a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, including, but not limited to, amateur athletic fields, playgrounds/tot lots, tennis courts and picnic shelters/areas, swimming pools, minigolf and hot tubs. Within any shoreland zone, the term shall not include boat launching facilities.

Recreational vehicle means a portable unit designed as temporary living quarters for recreational, camping, travel or seasonal use that is mounted on a chassis and either self-propelled or towed by another vehicle. A recreational vehicle may be a "dependent recreational vehicle," a "self-contained recreational vehicle" or a "park model." The term "recreational vehicle" includes but is not limited to a "motor home", "camping trailer", "park model" or "pick-up coach". In order to be considered as a recreational vehicle and not as a structure, the unit must remain with its tires on the ground, and must be registered with a state division of motor vehicles or similar agency, unless it is a park model located within a campground or a pick-up coach and is located outside the shoreland zone.

Recreational vehicle accessory enclosure means a factory manufactured rigid metal or vinyl enclosure with the dimensions not exceeding ten feet in width and the length of the recreational vehicle and/or camp model trailer to which it is accessory and designed for use with recreational vehicles or camp model trailers. The term "recreational vehicle accessory enclosure" shall not include decks, patios, awnings, awning tents, screen panels or unenclosed roof projections.

Recreational vehicle parks. See "campground."

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

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

Residual stand means a stand of trees remaining in the forest following timber harvesting and related activities.

Restaurant means a premises primarily used for the purpose of providing full-course meals for the public on the premises, which is equipped with a separate and complete kitchen and which maintains adequate dining room equipment and capacity for preparing and serving full-course meals consisting of a diversified selection of food which ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking. Liquor may be available for consumption on the premises as accessory to the principal use.

Retail means sale to the ultimate consumer for direct consumption and not for resale.

Riprap means rocks, irregularly shaped, and at least six inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two units horizontal to one unit vertical or less.

River means a free-flowing body of water including its associated floodplain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. The portion of a river that is subject to tidal action is a coastal wetland.

Road means 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.

RV campsite means a campsite that contains a prepared gravel pad no larger than 15 feet by 25 feet in dimension, and provides water and/or electric (but not sewer) hookups, and on-site parking.

Salt marsh means 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 saltmarsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass, and Sago pondweed.

Salt meadow means 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 threesquare occurs in fresher areas.

School means any building or group of buildings, the use of which meets state requirements for elementary, secondary, or higher education and which use secures the major part of its funding from any governmental agency.

School, private, means any building or group of buildings, the use of which meets state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

Screen, screening means the application of earthwork, vegetation, fences, walls, or combination thereof for the purpose of:

(1)

Establishing 25 percent to 74 percent visual blockage of one land use from another; or

(2)

Articulating a physical and visual separation of adjacent land uses (see Buffering).

Seasonal campsite means a campsite that contains a prepared gravel pad no larger than 20 feet by 40 feet in dimension, provides full utility hookup services including water, sewer and electrical and may include internet and cable TV services. These campsites are designed to accommodate camp model trailers, recreational vehicles and recreational vehicle accessory enclosures throughout the calendar year.

Seasonal structure. See Structure, seasonal.

Seasonal use means occupancy of a recreational vehicle only between April 1 ^st and October 31 ^st .

Self-contained recreational vehicle means a recreational vehicle which can operate independently of connections to sewer, water, and electrical systems. It may contain a water-flush toilet, lavatory, shower and kitchen sink, all of which are connected to water storage, gray water and storage tanks located within the recreational vehicle.

Self-service storage facility means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares.

Service building means a structure within a campground housing toilet, lavatory and other typical bathroom facilities.

Service drop means any utility line extension which does not cross or run beneath any portion of a water body provided that:

(1)

In the case of electric service.

a.

The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and

b.

The total length of the extension is less than 1,000 feet.

(2)

In the case of telephone service:

a.

The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or

b.

The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.

Setback means the minimum horizontal distance from a lot line to the nearest point of a structure.

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

Shall is mandatory.

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

Shoreland lot. See Lot, shoreland.

Shoreland zone means the land area located within:

(1)

Two hundred fifty feet, horizontal distance, of the normal high water line of any river, saltwater body or the nontidal portion of Goosefare Brook downstream of the Boston and Maine Railroad bridge;

(2)

Two hundred fifty feet, horizontal distance, of the upland edge of a coastal or freshwater wetland, as defined in this chapter;

(3)

One hundred feet, horizontal distance, of the normal high water line of the nontidal portion of Goosefare Brook upstream of the Boston and Maine Railroad bridge; or

(4)

One hundred feet, horizontal distance, of the normal high water line of a stream;

(5)

In addition, the shoreland zone extends seaward to the municipal boundary.

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

Sidewalk cafe. See Cafe, sidewalk.

Sight distance means the horizontal distance of unobstructed vision between a motor vehicle preparing to enter traffic and oncoming vehicles on the roadway.

Sign means a structure or device designed or intended to convey information to the public in written or pictorial form. Logos, labels, and other graphic symbols that are an integral part of a product for sale or the price tag, international flags or banners containing any graphic except the name, logo, or graphic depiction of a product or service for sale shall not be considered as sign under this definition.

Sign area means the physical area of a sign, measured by the dimensions of the sign if a detachable unit or by an imaginary rectangle drawn around the perimeter of a sign applied or painted directly to a building, awning, or other structure.

Single-family dwelling. See Dwelling, single-family.

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

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

Special exception. See Conditional use.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Sports facility means a facility constructed or arranged to support organized sporting events.

Story means that portion of a building included between the surface of any floor area and the surface of the floor or roof next above it. A basement shall be considered a story for height measurement where more than half of its height is above the average level of the adjoining ground.

Stream means a free-flowing body of water from 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, to the point where the body of water becomes a river or flows to another water body or wetland within the shoreland area.

Street means a public street or a street shown on a recorded subdivision plan approved by the planning board after September 25, 1984, or a private way approved by the planning board pursuant to division 3 of article VIII of this chapter.

Street frontage. See Frontage, street.

Street line means the right-of-way line of a street.

Street, public, means a right-of-way held in easement or fee by the town or the state and constructed and maintained to facilitate the repeated passage of motor vehicles and pedestrians, which provides a transportation route for use by the general public.

Street tree means a tree of a minimum of two inches caliper planted within or adjacent to a public or private travelway for the purpose of providing shade, seasonal color, and providing visual unity.

Structural alteration means changes in supporting members of a building such as supporting walls, beams, columns and girders.

Structure means anything constructed or erected of three or more members, the use of which requires a fixed location on the ground or attachment to something fixed to the ground. This shall not include awnings, boundary walls, fences.

Structure, accessory, means a structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

Structure, principal, means the structure in which the principal use of the lot is conducted.

Structure, seasonal, means any structure, including but not limited to hotel or motel units, private cottages and guest or tourist cottages, which, because of inadequate heating, water supply, sewage treatment, electricity or cooking facilities or because of any other factor relating to the structure or the land on which it is situated, could not be lawfully or safely used as a residence continuously during the calendar year and which would require a seasonal structure conversion permit under article III of chapter 34 pertaining to seasonal structure conversion prior to being converted to a yearround dwelling.

Subdivision means as defined in M.R.S.A. title 30-A.

Substantial start means completion of 30 percent of a permitted structure or use measured as a percentage of estimated total cost.

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

Sustained slope means a change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

Swamp means a periodically or continually wet area exceeding 1,000 square feet in area which supports tree growth.

Swimming pool means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.

Take-out food business means a permanent structure whose primary use is to prepare and sell food and beverages to be consumed away from its place of sale. The term "take-out food business" shall not include restaurants, convenience stores, ice cream trucks, food trucks, food stands, and food carts.

Targeted market coverage area means the area which is targeted to be served by a proposed telecommunications facility.

Tattoo art studio and boutique means a business or commercial establishment which provides the normal services of a tattoo parlor, but is limited to having two working spaces for the artists to perform tattooing and body piercing, and also offers retail sales of artwork and apparel including the following:

(1)

Hanging wall art, framed or unframed;

(2)

Tattoo art sketches, both pencil sketches and finished color concept sketches;

(3)

T-shirts, hats, or other wearable items bearing the establishments brand and/or tattoo art sketches.

Tattoo parlors means any location, property, establishment, use where an individual, firm, company, corporation or association owns or operates at a location, property, establishment, use where tattooing is performed and any individual who performs or practices the art of tattooing on the person of another.

Tattoo, tattooed, tattooing refers to any method of placing permanent designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with permanent ink or any other permanent substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.

Temporary anemometer tower. A structure, including all accessory facilities, temporarily erected for a period of one year or less, on which an anemometer is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of wind power generation of electricity.

Through lot. See Lot, through.

Tidal waters means all waters affected by tidal action during the maximum spring tide.

Timber harvesting means the cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to section 78-1213, clearing or removal of vegetation for activities other than timber harvesting.

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

Town design standards means a compendium of construction detail drawings, plan layouts, and/or specifications governing design and construction within the town. Such standards are approved and amended from time to time by the town council.

Town planner means the person or professional appointed by the town council to perform those duties and exercise those functions assigned to the town planner under this chapter.

Tractor-trailer unit means a vehicle combination consisting of a truck tractor hauling a nonmotorized trailer.

Trailer, house trailer, camper. See Recreational vehicle.

Trailer park, campground, means land upon which one or more recreational vehicles or camping trailers are parked for recreational use on sites arranged specifically for that purpose.

Transportation facility means a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Tree, street, means a species of tree meeting the standards of division 7 of article VIII of this chapter that is planted in the right-of-way of a public street or private way for the purpose of mitigating negative microclimate conditions and/or creating visual unity or visual screening/buffering.

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

Trompe de l'oeil means a mural painting on the unadorned wall of a building intended to create the illusion of an active street scene or a detailed building facade.

Truck terminal means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another, or used for garaging of the trailer portion of a tractor-trailer unit and/or storage facility by a motor freight business consisting of one or more truck tractors. The terminal cannot be used for permanent or longterm accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.

Truck tractor means a motorized vehicle with a gross vehicle weight in excess of 26,000 pounds or with three axles, regardless of gross vehicle weight, which is designed with a fifth wheel or similar device for hauling a trailer behind.

Turret means an appurtenant, usually rounded, vertical structure attached to the corner of the principal structure often extending to the roofline elevation of the principal building. Turrets are a characteristic element of Queen Anne style architecture and often provided distinctive living space.

Two-family dwelling. See Dwelling, two-family.

Undue hardship. See Hardship, undue.

Unreasonable adverse impact means the proposed project would produce an end result which is:

(1)

Excessively out of character with the existing visual quality affected, including existing buildings structures and features within the designated scenic resource; and

(2)

Would significantly diminish the scenic value of ambient visual quality.

Upland edge of a wetland means 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 maximum spring tide level, including all areas affected by tidal action. 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-foot) tall or taller.

Use means the purpose for which land or buildings or structure part thereof is arranged, designed, intended, occupied, or maintained.

Use, accessory, means a use which is incidental and subordinate to that of the principal use. Accessory uses, when aggregated, shall not subordinate the principal use of the lot.

Use, commercial, means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

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

Use, conforming, means a use of buildings, structures, or land which complies with all applicable sections of this chapter.

Use, nonconforming, means a building, structure, use of land or portion thereof, existing at the effective date of adoption or amendment of the ordinance from which this chapter derives which does not conform to all applicable sections of this chapter for the district in which it is located.

Use, open space, means a use not involving a structure; earth moving activities; or the removal or destruction of vegetative cover, spawning grounds of fish, aquatic life, birds, and other wildlife habitat.

Use, principal, means the primary use to which the premises are devoted and the primary purpose for which the premises exist.

Used or occupied includes the term "intended," "designed," or "arranged" to be used or occupied.

Valet parking lot. See Parking lot, valet.

Variance means a relaxation of the terms of this zoning ordinance where such variance will not be contrary to the public interest, and where, owing to circumstances or conditions pertaining to the individual property, but not generally to other land and buildings in the district, and not the result of actions of the applicant, a literal enforcement of the Ordinance would result in undue hardship in the use of the property. As used in this chapter, a variance is authorized only from dimensional requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance; nor shall a variance be granted because of a claimed financial hardship or because of the presence of nonconformities in the zoning district or uses in an adjoining district.

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

Velocity zone means 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.

Vertical expansion of structure means the expansion of a structure, in a vertical fashion, wholly within the existing footprint of the structure, including the placement of a foundation below an existing structure.

Veterinary hospital means a place where animals are given medical care and the boarding of animals is limited to shortterm care incidental to the hospital use.

Viewpoint means a specific geographical location from which a person views a land use activity.

Viewshed means that area on the face of the earth from which a specific object such as a tower, exhaust plume, or building can be visually seen. Factors such as atmospheric effects, vegetation, landform, viewer position in the landscape, distance zones, and viewer sensitivity or movement through the landscape all can have a moderating effect of visibility of a target object.

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

Wall, fire, means a masonry wall located in a building to prevent the spread of fire between separate buildings or structures or units within a building.

Warehouse storage means a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Water crossing means any project extending from one bank to the opposite bank of Goosefare Brook or a river, tributary stream, stream, or wetland, whether under, through, or over the waterbody 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 crossing. This definition includes crossings for timber harvesting equipment and related activities.

Waterbody means an area of water, including but not limited to great ponds, ponds, lakes, rivers, streams, the Atlantic Ocean, or tidal waters, but excluding drainage ditches and other manmade structures constructed principally for stormwater control purposes.

Watercourse means a periodic or perennial free-flowing body of water within a channel, including but not limited to streams, brooks, and drainage swales.

Wetland means a freshwater or coastal wetland.

Wetland, coastal, means all tidal and subtidal lands; all areas with vegetation present that is tolerant of saltwater and occurs primarily in a saltwater or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.

Wetland, contiguous, means a freshwater wetland measuring a minimum of 100 horizontal feet in width for a lateral distance of 100 horizontal feet. Wetlands separated by roads, dikes, or topography for a horizontal distance of less than 100 feet shall be regarded as contiguous.

Wetland, forested, means a freshwater wetland dominated by woody vegetation that is six meters tall (approximately 20 feet) or taller.

Wetland, freshwater, means a freshwater swamp, marsh, bog or similar area, other than a forested wetland, which is:

(1)

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

(2)

Inundated or saturated by surface 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.

Wetlands associated with the Goosefare Brook means wetlands contiguous with Goosefare Brook and which during normal high water are connected by surface water to the brook. Also included are wetlands which are separated from the brook by a berm, causeway, or similar feature less than 100 feet in width and which have a surface elevation at or below the normal high water mark of the brook. Wetlands associated with Goosefare Brook are considered to be part of that waterbody.

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

Wireless telecommunications facility means any structure, antenna, tower, or other device which provides radio/television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common carrier wireless exchange phone services, specialized mobile radio communications (SMR), common carrier wireless exchange access services, and personal communications service (PCS) or pager services.

Wheelbase means the horizontal distance between the centerpoint of the front axle and the centerpoint of the rearmost axle of a motor vehicle or trailer.

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

WTF. See Wireless telecommunications facility.

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

Yearround dwelling. See Dwelling, yearround.

(Ord. of 9-18-2001, § 3.0; Ord. of 5-7-2002, § 3.2; Ord. of 11-5-2003(1), § 3.0; Ord. of 4-21-2009(1); Ord. of 4-21-2009(4); Ord. of 12-15-2009(2); Ord. of 12-15-2009(3); Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval; Ord. of 5-13-14, § 1; Ord. of 8-4-2015(2); Ord. of 2-6-2018(1); Ord. of 6-1-2021; Ord. of 11-1-2022; Ord. of 2-6-2024)

Cross reference— Definitions generally, § 1-2.

(a)

This chapter and its regulations are designed for all the purposes of zoning embraced in the state statutes as an integral part of a comprehensive plan.

(b)

This chapter is, among other things, designed to:

(1)

Encourage the most appropriate use of land throughout the town;

(2)

Provide safety from fire and other elements, and further the maintenance of safe and healthful conditions;

(3)

Promote public safety;

(4)

Provide adequate light and air;

(5)

Prevent overcrowding of real estate;

(6)

Promote a wholesome home environment;

(7)

Prevent housing developments in unsanitary areas;

(8)

Provide an adequate street system;

(9)

Promote the coordination of unbuilt areas;

(10)

Encourage the formulation of community units;

(11)

Provide an allotment of land area in new developments sufficient for all the requirements of community life;

(12)

Provide for adequate public facilities and services;

(13)

Conserve natural resources;

(14)

Prevent and control water pollution;

(15)

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

(16)

Control building sites, placement of structures, and land uses;

(17)

Conserve shore cover, visual as well as actual points of access to inland and coastal waters; and

(18)

Conserve natural beauty and open space;

(19)

Protect buildings and lands from flooding and accelerated erosion;

(20)

Protect archaeological and historic resources;

(21)

Protect commercial fishing and maritime industries;

(22)

Protect freshwater and coastal wetlands; and

(23)

Anticipate and respond to the impacts of development in shoreland areas.

(Ord. of 9-18-2001, § 1.3; Town Council adopted 5-17-11; effective date 7-15-11, date of DEP approval)

The sections of this chapter shall regulate the following:

(1)

The use of all land and water areas within the town;

(2)

The use, construction, repair, alteration, height, number of stories, and bulk of all buildings and structures;

(3)

The size and open spaces of real estate;

(4)

Population density;

(5)

The setback of structures along public rights-of-way; and

(6)

The shoreland zone. Provisions and terms which specifically address the shoreland zone or shoreland zoning matters are intended to apply only within the shoreland zone and are not to be construed as affecting or changing the meanings of any other provisions or terms existing in this chapter prior to the adoption of shoreland zoning amendments on December 7, 1993. The shoreland standards of this chapter also apply to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a wetland. Shoreland zoning has been prepared in accordance with the provisions of Title 38 section 435-449 of the Maine Revised Statutes Annotated (M.R.S.A.) and customized to the needs of the Town of Old Orchard Beach.

(Ord. of 9-18-2001, § 1.4; Town Council adopted 5-17-11; effective date 7-15-11, date of DEP approval)

Upon enactment of any amendment that affects the shoreland zone, the town clerk shall forward a copy of the amendment to the shoreland zoning coordinator within the state department of environmental protection, and the amendments shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the Ordinance, or Ordinance Amendment, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on any amendment within 45 days of the department's receipt of the amendment, the amendment shall be automatically approved. Any application for a permit submitted to the town within the 45-day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

(Ord. of 9-18-2001, § 1.6; Town Council adopted 5-17-11; effective date 7-15-11, date of DEP approval)

The following sections of this Chapter shall be repealed on the statutory date established under 38 M.R.S.A. section 438-A(5):

Section 78-1212 Timber Harvesting—Entire section

The following uses listed in the table, "Land Uses in the Shoreland Zone" in section 78-1183:

Forest management activities except for timber harvesting and land management roads

Timber Harvesting

Land Management Roads

All of the Definitions in section 78-1 pertaining to timber harvesting and forest management activities, including the following terms:

Cross Sectional Area

Disruption of shoreline integrity

Forest Management Activities

Forest Stand

Harvest area

Land Management Road

Licensed forester

Residual basal area

Residual stand

Skid road or skid trail

Slash

Timber Harvesting

Timber Harvesting and related activities

Windfirm

(Town Council adoption 5-17-11; effective date 7-15-11, date of DEP approval)