Any lot which is physically contiguous with the subject lot, even if only at a point, such that the extension of the side lot lines of the subject lot would touch or enclose the abutting property.

An ADU, commonly referred to as an accessory apartment or secondary suite, is a smaller additional living space on the same lot as a single-family home. It has to include space for living, sleeping, cooking and bathroom(s) independent of the primary residence.

A use or 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.

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 interest and which depict or describe specified sexual activities.

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

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

Any premises containing three or more pinball machines, video games or similar amusements.

The keeping or raising of animals, including fowl, for any commercial use.

Any animal tamed and kept as a pet or raised for commercial use, i.e., dairy cows.

Any animal raised tame and kept for enjoyment, including but not limited to birds, cats, dogs and hamsters.

Any animal born free or in the wild, including but not limited to birds, fish, deer, etc.

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

Any item or work which is accepted as correct, true, serviceable or usable by inspection or ordinance.

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

A place where, with or without the attendant sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision services, such as body, frame or fender straightening and repair, overall painting and undercoating of automobiles.

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

A lot without preexisting street frontage.

The area of cross-section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.

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

A sign, structure or surface larger than 32 square feet, which is available for advertising purposes for goods, services, or attractions rendered off the premises, excluding directional signs.

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

A nonresidential structure designed for the purpose of protecting or storing boats for noncommercial purposes.

Vegetated buffers are areas of natural, existing or established vegetation that protect the water quality of neighboring areas and water bodies. Buffer Zones provide an area where stormwater can permeate the soil and replenish the groundwater. Buffer Strips are natural, undisturbed strips of natural vegetation or planted strips of close-growing vegetation adjacent to and downslope of developed areas. Shoreland Zone Buffers are the area between the water body or wetland and setback requirement for the district the lot is located in.

A person or business engaged in the construction, repair, remodeling or placement of any structure, fence or sign.

A structure for the support, shelter or enclosure of persons, animals, goods or property of any kind.

See "height of structure."

State of Maine Department of Agriculture, Conservation and Forestry, Bureau of Forestry.

Any area or tract of land to accommodate two or more parties in temporary living quarters, including but not limited to tents, recreational vehicles or other shelters, and for which a fee is charged.

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

An open structure with a roof but no walls for the covered parking of automobiles and other vehicles.

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

A private establishment providing day care for 13 or more persons, which charges for their care and holds all legally required licenses and approvals.

A private home providing day care for up to 12 persons, which charges for their care and which holds all legally required licenses and approval. A day-care home may also include part-time care of up to 12 persons. "Part-time" in this use shall mean four hours or less per day, per person.

A subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located in return for the provision of permanent open space owned in common by lot/unit owners, the Town or land conservation organization. Cluster subdivision shall not be used to increase the overall net residential density of the development.[1]

A person appointed by the municipal officers to administer and enforce this chapter. Reference to the Code Enforcement Officer shall be construed to include the Building Inspector, Plumbing Inspector, Electrical Inspector and the like, where applicable.

To locate more than one telecommunications facility or use on a tower.

Pertaining to a business but not to residences, clubs, nonprofit organizations and governmental entities.

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

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

A permit issued by the Planning Board for a conditional use. A conditional use permit may be issued only after the applicant has followed the procedures of this chapter.

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

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

A person or business working for themselves or another upon a written agreement to construct, repair, remodel, demolish or move any structure, fence or sign.

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

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

An open structure which is built above ground level and attached to a dwelling or any other structure projecting outward from the principal building.

An open structure constructed above ground level and not attached to any other structure.

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

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

A specified portion of the municipality, delineated on the Official Zoning Map, within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

A vehicular accessway.

A fixed structure containing one or more dwelling units.

A two-family dwelling for occupation by not more than two families and is one building with two units that are either stacked vertically or side-by-side, sharing a common wall with living space on each side, having a separate entrance for each unit.

A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. The term shall include manufactured housing units but shall not include trailers or recreational vehicles.

Topsoil, sand, gravel, clay, peat, rock or other minerals.

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

The process of nutrient enrichment of water bodies.

Any removal of earth or earth material from its original position.

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

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

One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house or hotel.

Depositing or dumping any matter on or into the ground or water.

The sale of goods by individuals who rent tables and/or display space, but not including garage sales.

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

Boundaries designated as the one-hundred-year floodplain as Zones A, A1-A30 on the Shapleigh Flood Insurance Rate Map (FIRM) dated August 5, 1985, on file with the Town Clerk, Planning Board and Code Enforcement Officer.

A combination of structural provisions, changes or adjustments to properties subject to flooding, primarily to reduce or eliminate flood damages to properties, water and sanitary facilities, structures and contents of the building.

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

The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls.

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

The entire area of ground covered by the structure(s) on a lot, including but not limited to cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks.

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

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

The horizontal distance between the intersections of the side lot lines with the front lot line.

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

The sale of assorted items, usually secondhand, from noncommercial premises, sometimes also known as "yard sales," "porch sales," "barn sales" and "cellar sales," etc.

The sale of assorted items, usually secondhand, from noncommercial premises, which occurs more frequently than on a three-day occasion, or more than three weekends, or on more than five consecutive weekdays of any calendar year. This term applies also to the following types of sales when they exceed the above-described frequencies: yard sales, porch sales, barn sales, tag sales, cellar sales, etc.

In relation to buildings, the average of the finished ground level at the center of all walls of a building.

Any inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres, except, for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. In Shapleigh, "great pond" shall be considered to mean Goose Pond, Granny Kent Pond, Mousam Lake, Pine Springs Lake (Shy Beaver Pond), Poverty Pond, Shapleigh Pond and Square Pond.

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

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

A product or waste or combination of substances that, because of quantity, concentration, or physical, chemical, or infectious characteristics, poses a substantial present or potential hazard to human health, safety, or welfare and the natural environment. This term applies to any materials or substances designated as hazardous by the United States Environmental Protection Agency and/or the Maine Department of Environmental Protection.

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

A business which offers for sale or use any drug paraphernalia as defined by state law in 17-A M.R.S.A. § 1111-A.

The vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that have no floor area.

The vertical distance between the mean original grade at the downhill side of the tower and the highest point on the tower, even if said highest point is an antenna.

That line that distinguishes between predominantly aquatic and predominantly terrestrial land that is apparent from visible marking, changes in the character of soils due to prolonged action of the water or changes in vegetation. In the case of wetlands adjacent to rivers, streams, brooks, or ponds, the normal high-water line is the upland edge of the wetland and not the edge of the open water.

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 a member of the family residing in the dwelling unit; clearly incidental and secondary to the use of the dwelling unit for residential purposes. This shall not be interpreted to include telecommuting.

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

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

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

A yard, field or other area used as a place of storage for:

An artificial enlargement of a water body, primarily by means of dredging and excavation.

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

A licensed surveyor is one who has been licensed by the State of Maine Board of Licensure for Professional Land Surveyors under the applicable licensing statutes and rules.

A parcel of land in single ownership, described on a deed, plot or similar legal document.

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

A lot with at least two contiguous sides, each abutting upon a street.

The percentage of the plot or lot covered by all buildings.

Any lot other than a corner lot.

A line which forms a boundary of a property dividing one lot from another, or from a street or waterbody or other public space. The lines bounding a lot are defined below:

A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by Town or county officials.

Any lot abutting a water body.

Any interior lot having frontages on two more or less parallel streets, or between a street and a water body, or between two water bodies, as distinguished from a corner lot. All sides of through lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.

The horizontal distance between the side lot lines, measured parallel to the road, at the point where the principal structure is proposed.

Considered to be a wall less than 24 inches in height measured from the base of the wall to the top of the wall. The base is considered the area exposed that can be seen upon visual inspection.

Structures, transportable in one or two sections, which were constructed in a manufacturing facility and are transported to a building site and designed to be used as dwellings when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein.

As defined in State Administrative Rules (10-144, CMR Ch. 122), § 1.17, "Marijuana."

A shorefront commercial facility with provisions for one or more of the following: boat storage, boat docking and launching or the sale of supplies and services for watercraft and their equipment and accessories, bait and tackle shops and marine fuel service facilities.

Marijuana that is acquired, possessed, cultivated, manufactured, used, delivered, transferred or transported to treat or alleviate a qualifying patient's medical condition.

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.

Cultivating, processing and/or storing of medical marijuana by a qualifying patient at their own residence or a medical marijuana caregiver at their own primary year-round residence for use by a qualifying patient.

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.

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

The closest distance between the side lot lines of a lot. When only two lot lines extend into the Shoreland Zone, both lot lines shall be considered to be side lot lines.

A parcel of land under unified ownership designed and/or used to accommodate three or more manufactured housing units.

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

A residential structure containing three or more residential dwelling units.

Indigenous to the local forest.

The gross acreage available for development, excluding the area for streets or access and the area which is unusable for development.

The number of dwelling units per net residential acre.

A nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.

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.

A building, structure, use of land or portion thereof existing at the effective date of adoption or amendment of this chapter which does not conform to all applicable provisions of this chapter.

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

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 and great ponds that support nonforested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river or great pond.

Written instructions or information given by the Code Enforcement Officer to any person engaged in performing, or causing to be performed, any work or use which is contrary to this chapter.

The use of any structure or land, including but not limited to residing there or conducting a business there.

A use not involving a structure, earthmoving activity or the removal or destruction of vegetative cover, spawning grounds or fish, aquatic life, bird and other wildlife habitat.

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

The person or business having legal ownership of a place or firm or any real property.

An individual who engages in the construction of his own dwelling or auxiliary structures.

A minimum area of 200 square feet, exclusive of drives, aisles or entrances, fully accessible for the storage or parking of vehicles.

A slab or flat surface which is open and has no attachments projecting above normal ground level.

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

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

A permit issued after Planning Board review to ensure that the proposed use conforms with the land use standard specified in Article V of this chapter.

A small body of water used for farm, fire, fish or recreational activity.

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

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

The primary use to which the premises are devoted and the main purpose for which the premises exists.

A category of road not owned or maintained by the Town of Shapleigh or the State of Maine which provides frontage to a lot or lots.

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.

A roadway used by the general public, whether or not the same has been laid out as a Town way.

Any person, firm, corporation, municipal department, board or commission authorized to furnish gas, steam, electricity, waste disposal, communication facilities, transportation or water to the public.

Qualified professional means individuals who have met state approved or recognized degree, certification, licensure, registration or other requirements that apply in the area in which the individuals are providing services.

A vehicle or vehicular attachment designed for temporary sleeping or living quarters for one or more persons, which is not a dwelling and which may include a pickup camper, travel trailer, tent trailer, motor home, and must be roadworthy.

The maximum known flood on a water body, either the one-hundred-year frequency flood, where calculated, or the flood of record.

The act of normal maintenance of a structure or its parts, and the replacement of its parts as a result of damage.

The act of installing the same or similar item, fixture or structure as was in place before.

A system intended to replace an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure.

An item or act or test that must be provided, installed, performed or given in compliance with this chapter.

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

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

A structure that retains (holds back) any material (usually earth) and prevents it from sliding or eroding away. It is designed to resist the material pressure of the material it is holding back.

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.

Any free-flowing body of water from that point at which it provides drainage for a watershed of 25 miles to its mouth. In Shapleigh, "river" shall be considered to mean the Mousam River from the outlet of Mousam Lake and the Little Ossipee downstream of Davis Brook.

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

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

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

The nearest horizontal distance from a lot line to the nearest part of a structure, road, parking space or other regulated object or area.

The nearest 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.

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

The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; or within 75 feet, horizontal distance, of the normal high-water line of a stream.

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

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

A dwelling unit constructed from individual members or materials which are transported to the site in order to be assembled in the exact location where the unit is intended to remain as a permanent residence. Site-built housing may include multifamily housing as well as single-family homes and duplexes. It does not include manufactured housing units.

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

Any free-flowing semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar characteristics and effect, but does not include industrial discharges which are point sources subject to permits under Section 402 or of the Federal Water Pollution Control Act, as amended (86 Stat. 880).

A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used) and components for a distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). Passive solar energy systems are included in this definition, but not to the extent that they fulfill other functions such as structural and recreational.

A written notice from the Code Enforcement Officer or inspector to stop all work because of a violation of this chapter, said notice to be posted at the location of the violation and not removed until the violation has been fully corrected.

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

A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the Shoreland Zone of another water body or wetland. When a stream meets the Shoreland Zone of a water body or wetland and a channel forms downstream of the water body or wetland as an outlet, that channel is also a stream.

Anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind, or anything constructed or erected on or in the ground. The term includes structures temporarily or permanently located, such as decks, patios and satellite dishes. Structure does not include fences; poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors; subsurface wastewater disposal systems as defined in Title 30-A, Section 4201, Subsection 5; geothermal heat exchange wells as defined in Title 32, Section 4700-E, Subsection 3-C; or wells or water wells as defined in Title 32, Section 4700-E, Subsection 8.

A division of a tract or parcel of land into three or more lots within any five-year period, whether accomplished by sale, lease, development, building or otherwise, except when the division is accomplished by inheritance, order of court or gift of a relative, unless the intent of subdivision gift is to avoid the objective of these standards.

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

Any system designed to dispose of waste or wastewater 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. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system.

Work that involves the application of special knowledge of rules of evidence and boundary laws, principles of mathematics and the related physical and applied sciences for measuring and locating lines, angles, elevations and natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water. This work can only be done by a Licensed Land Surveyor.

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

An in-ground or aboveground structure built for swimming.

Any structure, antenna, tower or other device which provides radio-television transmission, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common-carrier wireless exchange access services, and personal communication service (PCS) or pager services. Preexisting towers/antennas shall be exempt from this definition.

The cutting and removal of timber for the primary purpose of selling or processing forest products. Timber harvesting does not include the cutting or removal of vegetation within the Shoreland Zone when associated with other land use activities. The cutting or removal of trees in the Shoreland Zone on a lot that has less than two acres within the Shoreland Zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 105-51, Clearing or removal of vegetation for activities other than timber harvesting.

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

A dwelling that is less than 400 square feet in floor area, excluding the area of any floor level located above the main floor (state definition).

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

A vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include utility trailer, horse trailer or snowmobile trailer.

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

A channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial 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 elsewhere in this chapter, and only applies to that portion of the tributary stream located within the Shoreland Zone of the receiving water body or wetland.

Any building that contains two dwelling units used, intended, or designed to be built or occupied for living purposes.

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

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

Any structure constructed or placed for storage of vehicles, tools, recreational equipment etc., but not to be used as a dwelling or residence or as a structure to house the overflow of guests or family members who cannot be accommodated within a residence.

A relaxation of the terms of this chapter where such variance would not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary or undue hardship. A financial hardship shall not constitute grounds for granting a variance. The crucial points of variance are undue hardship or unique circumstances applying to the property.

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

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

Any great pond, river or stream.

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

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

Live trees or woody, nonherbaceous shrubs.

The area of land between the front lot line and the nearest part of the principal building.

The area of land between the rear lot line and the nearest part of the principal building.

The area of land between the side lot line and the nearest part of the principal building.