In this chapter, the following terms shall have the following meanings:
ABUTTERSAll property owners within 250 feet of subject property lines, including property owners across roadways and bodies of water.
ACCESSORY DWELLING UNITA separate dwelling unit located within, attached to or stand-alone on the primary home's property and subordinate to a single-family detached dwelling. The unit must have a minimum of 190 square feet and be no larger than 750 square feet of living space.
[Amended 12-12-2023]
ACCESSORY USE OR STRUCTUREA use or structure which is customarily and in fact both incidental and subordinate to the principal use or structure. The term "incidental" in reference to the principal use or structure shall mean both subordinate and minor in significance to the principal use or structure and attendant to the principal use or structure. Such accessory uses, when aggregated, shall not subordinate the alleged principal use of the lot. Trailers utilized for storage are considered in this category.
ADTAverage daily trips. The number of trips generated for a particular use as found in the Institute of Transportation Engineers; Trip Generation Rate (latest edition available); an example of this is that a single-family home has 10 trip ends per unit. A trip end equals a vehicle coming and going from a property.
[Added 4-14-2015]
AFFORDABLE HOUSING[Added 12-12-2023]
A. For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs; and
B. For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs.
C. For purposes of this definition, "housing costs" means:
(1) For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and
(2) For an ownership unit, the cost of mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowner's insurance, condominium fees, and homeowners' association fees.
AFFORDABLE HOUSING COVENANTAny agreement among one or more owners, one or more tenants of residential real estate and one or more qualified holders, or between one or more owners and one or more qualified holders, or between one or more tenants and one or more qualified holders, that permits a qualified holder to control, either directly or indirectly, the purchase price of residential housing for the primary purpose of providing that the housing remains affordable to lower-income and moderate-income households.
[Added 12-12-2023]
AGGRIEVED PARTYA person who demonstrates standing to appeal from a decision rendered under this chapter.
AGRICULTURE, NONLIVESTOCKThe cultivation of soil and the producing or raising of crops, including gardening as a commercial operation. The term shall also include greenhouses, nurseries and versions thereof; but those two terms, when used alone, shall refer specifically to a place where flowers, plants, shrubs and/or trees are grown for sale.
ALTERATIONAny change, addition or modification in construction, other than cosmetic or decorative, or any change in the structural members of buildings, such as bearing walls, columns, beams or girders.
AMUSEMENT CENTERAny private or commercial premises which is maintained or operated primarily for the amusement, patronage or recreation of the public, containing an aggregate of four or more table sports, pinball machines, video games or similar mechanical or electronic games, whether activated by coins, tokens or discs, or activated through remote control by the management.
ANIMAL HUSBANDRYThe keeping of any domesticated animals other than household pets.
AUTHORIZED AGENTAn individual or a firm having written authorization to act on behalf of a property owner, signed by the property owner and notarized.
AUTOMOBILE GRAVEYARDA yard, field or other area, used as a place of storage for three or more unserviceable (incapable of passing a state highway safety inspection), discarded, worn out or junked motor vehicles. Temporary storage by an establishment or place of business which is engaged primarily in doing auto body repair for the purpose of making repairs to render a motor vehicle serviceable shall not constitute an automobile graveyard.
AUTOMOBILE REPAIR GARAGEA 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 service, (such as body, frame or fender straightening and repair), overall painting and undercoating of automobiles.
AUTOMOBILE SERVICE STATIONA place where gasoline or any other engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease 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 or unlicensed vehicles and not including body, frame or fender straightening and repair.
BANKAn establishment for the custody, loan, exchange or issue of money, for the extension of credit and for facilitating the transmission of funds.
BASAL AREAThe area of cross section of a tree stem at diameter breast height (4.5 feet above the ground) and includes bark.
BASE DENSITYThe maximum number of units allowed on a lot not used for affordable housing based on dimensional requirements in a local land use or zoning ordinance.
[Added 12-12-2023]
BASEMENTThe enclosed area underneath a structure, typically having a masonry floor and walls which are part of the structure's foundation. The clear height up to the joists supporting the floor directly above is four feet or greater.
BED-AND-BREAKFASTA single-family dwelling in which lodging or lodging and meals are offered to the general public for compensation, offering no more than five bedrooms for lodging purposes with a maximum stay of no more than 14 days.
BUFFERAn area which serves to provide a visual, aesthetic, and noise-reduction barrier between conflicting land uses.
BUILDINGAny structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or personal property.
BUILDING HEIGHTThe vertical distance between the highest point of the roof and the average grade of the ground adjoining the building.
CAMPAny building, seasonal in nature, such as cabins or hunting shelters intended for temporary or intermittent use not to exceed three months per year. Each camp must have sanitation facilities in compliance with the State of Maine Subsurface Wastewater Disposal Rules.
CAMPGROUNDAny 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.
CANNABISThe leaves, stems, flowers, and seeds of all species/derivatives (including hemp) of plant genus cannabis, whether growing or not. It does not include 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 mature stalks, fiber, oil or cake or sterilized seed of the plant which is incapable of germination.
[Added 5-23-2023]
CANNABIS CAREGIVER RETAIL STOREA store, in compliance with §
140-67.1, that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer cannabis plants or harvested cannabis for sale to qualifying patients.
[Added 1-14-2020; amended 9-14-2020; 5-23-2023]
CANNABIS COOPERATIVETwo or more medical cannabis or adult use cultivators claiming a location as a primary residence in order to conduct cannabis home production. Cannabis cooperatives are considered adult use cannabis production facilities if cannabis is grown by an adult use caregiver and considered a medical cannabis production facility if grown by a medical cannabis caregiver.
[Added 5-23-2023]
CANNABIS CULTIVATION FACILITY, ADULT USEA facility licensed under this chapter to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to sell adult use cannabis to product manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores.
[Added 5-23-2023]
CANNABIS DISPENSARY, MEDICALAn entity registered under 558-C M.R.S.A. § 2425-A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses cannabis plants or harvested cannabis or related supplies and educational materials to qualifying patients and the caregivers of those patients.
[Added 5-23-2023]
CANNABIS ESTABLISHMENTA cultivation facility, a products manufacturing facility, a testing facility or a cannabis store licensed by the State of Maine.
[Added 5-23-2023]
CANNABIS MANUFACTURING, ADULT USEThe production, blending, infusing, compounding or other preparation of cannabis and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or testing.
[Added 5-23-2023]
CANNABIS STORE, ADULT USEA facility licensed under 28-B M.R.S.A. § 101 et seq. to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility, to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers.
[Added 5-23-2023]
CANNABIS TESTING FACILITYA facility licensed by the State of Maine to research and test cannabis, cannabis products and other substances.
[Added 5-23-2023]
CANNABIS, ADULT USECannabis that is cultivated, manufactured, distributed, or sold by a cannabis establishment for adults 21+ as defined by Maine Title 28-B.
[Added 5-23-2023]
CEMETERYProperty used for interring the dead.
CHANGE OF USEA change from one category in the land use table to another or the addition of a new category of use to an existing use.
CHURCHA building or structure or group of buildings or structures, designed, primarily intended and used for the conduct of religious services.
CIVIC CENTERA building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, convention and entertainment facilities owned and/or operated by a governmental agency.
CLUBAny association of persons organized for social, religious, benevolent or academic purposes whose facilities are open to members and guests, including fraternities, sororities and social organizations.
CLUSTER DEVELOPMENTA development in which dimensional requirements may be reduced in order to promote the retention of open space.
CODE ENFORCEMENT OFFICERA person appointed by the Town Manager 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.
COMMERCIAL CENTERIncludes commercial premises such as retail stores or service establishments which occupy premises designed, operated or utilized as a single development, which accommodate more than one business and which use less than 12,000 square feet of gross floor space.
COMMERCIAL COMPLEXAny concentration of retail stores or service establishments occupying premises which are designed operated or utilized as a single development which encompass 12,000 square feet or more of gross floor space. This definition shall also include large department stores or grocery stores which meet the above floor space requirements.
COMMERCIAL RECREATIONAny commercial enterprise which receives a fee in return for the provision of some recreational activity, including but not limited to racquet clubs, health facility, amusement parks, golf courses, etc., but not including amusement centers, as defined herein.
COMMUNITY LIVING FACILITYA housing facility for eight or fewer mentally handicapped and developmentally disabled persons which are approved, authorized, certified, or licensed by the state. A "community living facility" may include a group home, foster home or intermediate care facility.
COMMUNITY SERVICESPolice and Fire Department protection, schools, library, rescue, etc., and not hereinafter defined as utility.
CONFORMING USEA use of buildings, structures or land which complies with all applicable provisions of this chapter.
CONGREGATE HOUSING[Amended 4-10-2012]
A. A dwelling or group of dwellings and shared community space, providing shelter and services for elderly persons, which may include meals, housekeeping, transportation, recreational activities, personal-care assistance, and the like. Elderly persons shall mean a person 55 years old or older, or a couple that constitutes a household with at least one member who is 55 years old or older at the time of entry into the facility. A person who meets the definition of “disabled” or “handicapped” as set forth in 501(b) of the Housing Act of 1949, the Fair Housing Act, the Americans with Disabilities Act or the Rehabilitations Act of 1973, or in regulations issued by either the United States Department of Housing and Urban Development or the United States Department of Agriculture, Rural Development, shall be deemed to meet the congregate housing age requirements of this chapter, and may occupy units within such developments, even if that person is not 55 years or older or is not part of a household with another member who is 55 years or older.
B. Congregate housing shall include either or both of the following types of uses:
(1) Dwelling units as defined by this chapter; or
(2) Residential units which do not meet the definition of dwelling unit because they have no cooking facilities within each unit.
C. Congregate housing is distinct from “dwelling,” “multifamily,” or “nursing homes,” and shall not be required to meet the standards of §
140-46.
CONSTRUCTEDIncludes built, erected, altered, reconstructed, moved upon or any physical operations on the premises which are required for construction. Excavation, fill, drainage and the like shall be considered a part of construction.
CORDA unit of measure of wood products four feet wide, four feet high, and eight feet long, or its equivalent containing 128 cubic feet when wood is ranked and well stacked. Any voids that will accommodate a stick, log, or bolt of average dimensions to those in that pile shall be deducted from the measured volume.
DAY-CARE CENTERAn establishment where more than 12 children will be cared for in return for payment.
DECORATIVE CHANGESRepainting; residing, reroofing, removing or replacing trim, railings or other nonstructural architectural details; or the addition, removal or change of location of windows and doors.
DESIGNATED GROWTH AREAAn area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for orderly residential, commercial, or industrial development, or any combination of those types of development, and into which most development projected over 10 years is directed. Designated growth areas may also be referred to as "priority development zones" or other terms with a similar intent.
[Added 12-12-2023]
DISPOSALThe intentional discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or liquid waste into or onto any land or water so that the solid waste or any constituent thereof may enter into the environment or be emitted into the air or discharged into any waters, including groundwaters.
DISQUALIFYING DRUG OFFENSEConviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year of more, but does not include 1) an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 10 or more years earlier; or 2) an offense that consisted of conduct that would have been permitted under the Maine Medical Use of Marijuana Act.
[Added 5-23-2023]
DISTRICTA 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.
DORMITORY or RESIDENCE HALLA building or portion thereof providing sleeping rooms, bathrooms, and common areas for individuals or for groups affiliated with an educational institution. Each such dormitory or residence hall must have a full-time live-in adult resident supervisor to provide support services and oversight of occupants.
[Added 1-10-2017]
DRIVEWAYA private way providing access to no more than two buildings on separate abutting lots from a public or private street.
[Added 4-14-2015]
DWELLING, MULTIFAMILYA building containing three or more dwelling units, such buildings being designed exclusively for residential use and occupancy by three or more families living independently of one another, with the number of families not exceeding the number of dwelling units.
DWELLING, TWO-FAMILYA building containing only two dwelling units for habitation by not more than two families.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family and which contains independent areas for living, cooking, sleeping, bathing and sanitary facilities. The term shall not be deemed to include a recreational vehicle.
EARTHTopsoil, sand, gravel, clay, peat, rock or other minerals.
EQUESTRIAN FACILITYA commercial riding stable which includes instruction in horsemanship which may also board horses not owned by the facility. Such a facility may also include both indoor and outdoor riding arenas.
[Added 1-14-2020]
ESSENTIAL SERVICESGas, electrical, communication facilities, steam, fuel or water transmission or distribution systems, collection, supply or disposal systems. Such systems may include poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories, but shall not include buildings which are necessary for the furnishing of such services or transmission towers as defined herein.
EXCAVATIONAny removal of earth from its original position.
EXISTING RIGHT-OF-WAYA strip of land which is dedicated for the sole purpose of providing access to a parcel or parcels of land abutting, described on a deed recorded prior to the effective date of this chapter.
EXPANSION OF A STRUCTUREAn 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 USEThe addition of months to a use's operating season; or the use of more floor area or ground area devoted to a particular use.
EXTRACTIVE INDUSTRYAny operation engaged in the removal of more than 10 cubic yards in any twelve-month period of topsoil, sand, gravel, clay, rock or other like material from its natural location and for transportation off the lot except as may be exempted within the extractive industry performance standards in this chapter.
FAMILYOne 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 as herein defined.
FAMILY DAY CAREAn establishment, including a private residence as defined under the Rules of the Maine Department of Human Services, Chapter 38, Licensing of Day-Care Homes.
FILLINGDepositing or dumping any matter on, or into, the ground or water.
FLOOR AREA, GROSSThe sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the exterior faces of the exterior walls.
FLOOR AREA, NETThe total of all floor areas of a building, excluding the following: stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FOREST MANAGEMENT ACTIVITIESIncludes clearing and other forest resource evaluation activities, pesticide or fertilizer application, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, and the construction, creation or maintenance of land management roads.
[Amended 6-15-2009]
FOREST MANAGEMENT PLANA site-specific document signed by a professional forester outlining proposed activities to ensure complete standards and regeneration requirements established by 12 M.R.S.A. § 8868 et seq., and any rules promulgated by the Department of Conservation.
FRONTAGEThe horizontal distance measured along the lot line between the intersections of the side lot lines with the private or public right-of-way.
FROST WALLA masonry foundation wall extending below the ground surface, supported by footings located below the frost line to protect the structure from frost heaves.
FUNCTION HALL/BANQUET HALLA building or a portion of a building which is rented, leased or otherwise made available to individuals or groups for the purpose of hosting a function such as a conference, wedding, banquet, party, reception or other social event. Such a use may or may not include kitchen facilities for the preparation or catering of food.
[Added 5-12-2015]
GRADEIn relation to buildings, the average of the finished ground level at the center of each wall of a building.
GREENHOUSEA glass or plastic enclosure used for cultivation or protection of tender plants.
HEALTH-CARE FACILITYAn institution providing overnight health services and/or medical or surgical care. Laboratories, outpatient, training, central service and staff offices are related uses. A medical-care facility includes hospitals, nursing homes, convalescent centers and similar service facilities.
HEIGHT OF A STRUCTUREThe vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.
HOME OCCUPATIONAn occupation or use which is conducted by a person(s) on the same lot where such person resides and which does not change the character thereof. Home occupations may be classified into either a "minor" or "major" home occupation as detailed in §
140-43.
HOSPITALAn institution providing, but not limited to, overnight health services, primarily for inpatients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central services facilities and staff offices.
HOTELA building containing guest rooms kept, used, maintained or held out to the public as a place where lodging and/or meals are provided. "Hotel" shall include motel, guest houses, tourist courts, cabins and motor lodges. The hotel may contain such accessory services and facilities for the benefit of its guests and only incidentally for the general public as newsstands, personal grooming facilities and restaurants.
[Amended 5-11-2009]
INCINERATIONA process used for volume reduction of solid waste by means of controlled combustion. This term does not include cone burners or the practice of open burning.
INDIVIDUAL PRIVATE CAMPSITEAn 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, fire places, or tent platforms. Individual private campsites may be utilized for a period not to exceed three months total in any given calendar year.
INDUSTRIALThe assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.
INNA single building containing 25 or fewer sleeping rooms and built or converted to accommodate, for a fee, travelers who are staying for a limited duration. An inn may provide dining services to its guests and may host special functions, such as weddings, but does not include a restaurant to serve the public at-large, unless restaurants (eating places) are otherwise allowed in the district.
[Added 5-11-2009; amended 1-10-2017]
JUNKYARDA yard, field or other area used as place of storage for any of the following:
A. Discarded, worn-out or junked plumbing and heating supplies, household appliances and furniture.
B. Discarded, scrap and junk lumber.
C. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber or plastic debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material.
D. Garbage dumps, waste dumps and sanitary fills.
E. Unserviceable, discarded, worn-out or junked motor vehicles and motor vehicle parts, unserviceable bikes, lawn mowers and other similar items.
KENNELAny place, building, tract or land, abode, enclosure or vehicle where three or more dogs or three or more cats are kept for any purpose for a fee. This definition shall also include dog day-care facilities, dog grooming and agility facilities for dogs.
[Amended 1-14-2020]
LANDFILLA system of trash and garbage disposal in which the waste is buried between layers of earth.
LIGHT INDUSTRYUses intended primarily for the conduct of light manufacturing, assembling and fabrication and for associated warehousing, wholesaling and service operations that do not depend primarily on frequent personal visits of customers or clients or a high number of truck and/or freight visits per day. Such uses should accommodate a broad spectrum of clean industries; but noticeable glare, noise, vibration, odor or other nuisances at the property lines of the property on which the use is situated are prohibited. Light industrial uses might include software or computer development, electronics assembly, book, publishing, science and research facilities, and microbreweries. Light industrial uses also include contractor services such as landscaping, lawn care, tree care, plumbing and heating where such services require facilities to store equipment, materials and vehicles.
[Amended 1-14-2020]
LOTA parcel or tract of land occupied or capable of being occupied by one or more principal uses or building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by the chapter, having frontage upon a street, and existing deeded right-of-way or a new deeded right-of-way with a minimum fifty-foot width and with each principal building located on land identified as allocable to that building which meets the minimum dimensional requirement for that district as provided in this chapter.
[Amended 12-12-2023]
LOT AREAThe total horizontal area within the lot lines.
LOT, CORNERA lot with at least two contiguous sides abutting upon a street or right-of-way.
LOT COVERAGEThe percentage of the lot covered by all buildings, parking areas, roadways, sidewalks and driveways.
LOT LINESThe lines bounding a lot as defined below:
A. (1) On an interior lot, the line separating the lot from the street or right-of-way.
(2) On a corner or through lot, the line separating the lot from either street or right-of-way.
B. (1) 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 line, not less than 10 feet long, lying farthest from the front lot line.
(2) On a corner lot, the rear lot line shall be opposite the front lot line of least dimension.
C. SIDE LOT LINEAny lot line other than the front lot line or rear lot line.
LOT OF RECORDA parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the County Registry of Deeds.
LOT, THROUGHAny interior lot having frontages on two more or less parallel streets or rights-of-way or between a street and a body of water or a right-of-way and a body of water or between two bodies of water, as distinguished from a corner lot. All sides of "through lots" adjacent to streets, rights-of-way and bodies of water shall be considered frontage, and front yards shall be provided as required.
LOT WIDTHThe horizontal distance between the side lot lines, measured at the front setback line.
MANUFACTURED HOMEA structural unit or units designed for occupancy and constructed in a manufacturing facility and transported by the use of its own chassis or an independent chassis to a building site. This shall include:
A. Units constructed after June 15, 1976, commonly called "newer mobile homes" and constructed in compliance with the U.S. Department of Housing and Urban Development Standards.
B. Units commonly called "modular homes" which are constructed in compliance with 10 M.R.S.A § 9001 et seq.
MANUFACTURINGThe making of goods and articles by hand or machinery. "Manufacturing" shall include assembling, fabricating, finishing, packaging or processing.
MARIJUANAAs defined by Maine State Statute or rule.
[Added 1-14-2020]
MEDICAL CANNABISCannabis 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.
[Added 5-23-2023]
MEDICAL CANNABIS CAREGIVERA 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 cannabis in accordance with Maine state law. A person who is a medical cannabis caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense.
[Added 5-23-2023]
MEDICAL CANNABIS PRODUCTION FACILITYA facility used for cultivating, ethanol extraction, and/or storing medical cannabis by a medical cannabis caregiver at a location which is not the medical cannabis caregiver's primary year-round residence or their patient's primary year-round residence. Butane extraction is considered an industrial use. The maximum size of a medical cannabis production facility is 2,500 square feet of cultivation area. The industrial use zones are I1 and I2 for the industrial facilities zoning.
[Added 5-23-2023]
MEDICAL CANNABIS REGISTERED CAREGIVER/SA home-based facility used by a maximum of two registered caregivers for cultivating, processing, and/or storing of medical marijuana at a registered caregiver's primary year-round residence. This definition also includes cultivating marijuana, harvesting marijuana, drying marijuana, and the packaging and transportation of the product from the premises or for limited client pick-up. The use is to be for growing medical marijuana for personal use and for medical cardholding patients/clients. The use is subject to Town licensing requirements and all other activities authorized by state law. Only marijuana grown on the premises shall be allowed on the property at any time with the exception of the caregiver's personal use. No cannabis grown or produced products manufactured off the premises shall be transported to, stored at, sold, packaged, or processed at the property. The property may not be utilized for commercial resale. No more than 700 designated square feet per licensed caregiver or, where two registered caregivers are growing on/within the same property, a maximum of 1,200 designated square feet of cumulative square feet are permitted for the entire home occupation operation.
[Added 5-23-2023]
MEDICAL MARIJUANA CULTIVATION/GROWING FACILITYA facility used by three or more registered caregivers for cultivating, processing, and/or storing of medical marijuana by a registered caregiver at a location which is not the registered caregiver’s primary year-round residence or their patient’s primary year-round residence. This definition also includes cultivating marijuana, harvesting marijuana, drying marijuana, and the packaging and transportation of the product from the premises. Medical marijuana shall not be transported to the licensed facility from any other growing facility. Only marijuana grown on the premises shall be allowed on the facility at any time. No marijuana grown off the premises shall be transported to, stored at, packaged, or processed at the facility. The maximum size of a medical marijuana cultivation/growing facility on a single lot of record shall be 2,500 square feet of cultivation area.
[Added 8-17-2021]
MINERAL EXPLORATIONHand 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.
MINIMUM LOT AREAThe land area of a parcel not including the area of any land which is part of a right-of-way for a thoroughfare or easement, such as but not limited to surface drainage easements or traveled rights-of-way (but not including utility easement servicing that lot), subject to tidal action or which is part of a major or minor freshwater wetland.
MINI-STORAGE FACILITYFully enclosed structures with individual, secured units which are available for lease or rent by persons other than residents of the premises for the storage of nonhazardous goods not related to the sale or manufacture of goods on the same lot.
[Added 1-14-2020]
MOBILE HOME PARKA parcel of land under unified ownership approved by the municipality for the placement of three or more "newer mobile homes." This does not apply to modular homes as described.
MODULAR HOMEA home in which entire sections are constructed in a factory and shipped to their eventual location where very little on-site labor is required to piece the sections together.
MOTELA building or group of buildings in which lodging is offered to the general public for compensation and where entrance to rooms maybe made directly from the outside of the building.
NEIGHBORHOOD CONVENIENCE STOREA store of less than 1,500 square feet of floor space intended to service the convenience of a residential neighborhood and not serving gas or food that would normally be served in either a restaurant or fast-food restaurant as defined herein. Allowed is the sale and preparation of food which is:
[Added 5-11-2009]
A. Primarily intended for immediate consumption;
B. Available upon a short waiting time;
C. Served over the counter rather than at a table; and
D. Prepackaged or presented in a manner that can be readily eaten off the premises where sold.
NET RESIDENTIAL ACREAGEThe gross acreage available for development, excluding the area for streets or access and the areas which are unsuitable for development.
NOISERelated definitions:
A. dB(A) — The abbreviation designating both the unit of measuring sound level, the decibel, and the mode of measurement that uses the A-weighting of a sound level meter.
B. DECIBEL (dB)The practical unit of measurement for sound pressure level. The number of "decibels" of a measured sound is equal to 20 times the logarithm to the base of 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated "dB."
NONCONFORMING LOT OF RECORDA single lot of record which, at the effective date of adoption of or amendments to this chapter, does not meet the area, frontage, width or depth requirements of the district in which it is located.
NONCONFORMING STRUCTUREA structure that does not meet one or more of the following dimensional requirements: setbacks, height, yard and lot coverage. It is allowed solely because it was in lawful existence at the time this chapter or subsequent amendments took effect.
NONCONFORMING USEUse of premises that is not permitted to locate in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this chapter or subsequent amendments took place.
NONHAZARDOUS SOLID WASTESolid waste which does not present a potential or present danger to people, animals or the natural environment.
NONHAZARDOUS SOLID WASTE FACILITYAny land, buildings, structures or combination thereof used for the processing of nonhazardous solid waste, excluding municipally operated facilities for disposal of nonhazardous used building materials and discarded vegetation resulting from normal residential maintenance activities.
NURSERYAn area where plants (trees and shrubs) are grown for transplanting, for use as stocks for budding or grafting or for sale.
NURSING HOMESA facility where maintenance and personal or nursing care are provided for persons who are unable to care for themselves.
OFFICIAL BUSINESS DIRECTIONAL SIGNA sign erected and maintained in accordance with the Maine Traveler Information Services Act, 23 M.R.S.A. § 1901 et seq., which points the way to public accommodations and facilities.
PARKING SPACEA minimum area of 180 square feet, exclusive of drives, aisles or entrances, fully accessible for the storage or parking of vehicles.
PERIOD OF OPERATIONThe opening and closing times of certain businesses or activities regulated under the conditional use process. This term may apply to hours of the day or night, days of the week or months of the year.
PERSONAL SERVICE ESTABLISHMENTA commercial use, the primary concern of which is the rendering of services rather than the sale of products, and which does not meet the home occupation standards and definition as stated in this chapter. Personal services may include but not be limited to barbershops, hairdressers, clothing rental, shoe repair and dog grooming. They shall not include gasoline stations, hotels, bed and breakfasts, banks, or restaurants.
PLANNED RESIDENTIAL DEVELOPMENTA land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces and the preservation of significant natural features.
PRINCIPAL USEThe primary use to which the premises are devoted and the main purpose for which the premises exist.
PRIVATE ROADA road that is privately maintained. A private road shall not receive road maintenance services, including but not limited to snowplowing, drainage, grading, etc., from the Town until the private road is classified and built to the standards of a residential access street, as defined in Chapter
121, §
121-44N, Type of street, and approved by the Code Enforcement Officer, and accepted by the South Berwick Town Council.
[Amended 4-14-2015]
PROFESSIONAL OFFICESThe place of business, which can not be classified as a home occupation by the definition and standards of this chapter, for doctors, lawyers, accountants, architects, surveyors, real estate agents, insurance agents, psychiatrists, psychologists, counselors, engineers, and the like, but not including financial institutions or personal services.
PUBLIC PARKAn area designated specifically for passive recreational use by the general public and involving minimal structural development.
PUBLIC RECREATIONA recreational facility operated by a governmental agency and open to the general public.
PUBLIC UTILITYAny 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 EROSION AND SEDIMENTATION CONTROL PROFESSIONALA person who is certified by Enviro-Cert International in erosion and sedimentation control practices or is certified by completing the Maine Department of Environmental Protection Erosion and Sedimentation Control Practices Workshop, or is a Maine professional engineer with at least two years' experience in designing erosion and sedimentation control BMPs.
[Added 5-9-2023]
RECREATIONAL VEHICLEA 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, camp trailer and motor home.
REGISTERED CAREGIVERA caregiver who is registered by the State of Maine Department of Administrative and Financial Services, Office of Cannabis Policy pursuant to 22 M.R.S.A. § 2425-A.
[Added 1-14-2020; amended 5-23-2023]
REGISTERED CAREGIVER ASSISTANTA person paid to perform a service for a caregiver whether as an employee or independent contractor, in accordance with Maine State Statute or rule.
[Added 1-14-2020]
RESTAURANTAn establishment, located in an enclosed building, which may provide additional outdoor seating, where meals are prepared on the premises and served to the public for consumption on the premises; and where no food or beverages are served directly to occupants of motor vehicles or directly to pedestrian traffic from an exterior service opening or counter, or any combination of the foregoing; and where customers are not encouraged by the design of the physical facilities, by advertising or by the servicing or packaging procedures to take out food or beverages for consumption off of the premises.
[Amended 12-9-2014]
RESTAURANT, TAKE-OUT/FAST-FOODAn establishment, located in an enclosed building, which may provide additional outdoor seating, where food is prepared on the premises and where the normal operation of the business is described substantially by the following factors:
[Amended 12-9-2014]
A. The establishment offers both "eat-in" and "take-out" service.
B. Customers place their orders at a counter or window (including drive-up windows) rather than at a table served by a waiter or waitress.
C. The predominant method of delivery is that customers pick up their own orders at a counter or window and then either carry the orders to a table or seating area within the restaurant or take the orders out of the restaurant for consumption outside of the building. (Table service by the establishment's staff during limited hours or occasional delivery of food items to a customer table or seating area will not be deemed to be the predominant method of delivery.)
D. The manner in which the food is prepared, presented and packaged is essentially the same whether the customer chooses "eat-in" or "take-out."
RETAIL BUSINESSA business establishment operating from an enclosed building on the premises, engaged in the sale, rental or lease of goods or services to the consumer for personal use or household consumption and not for resale.
[Amended 12-9-2014]
RIPRAPRocks, 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.
SCHOOLSA. PUBLIC and PRIVATE(Including parochial schools); Institutions for education or instruction of any branch or branches of knowledge or a place where knowledge is imparted and which satisfies either of the following requirements:
(1) The school is not operated for a profit or as a gainful business; or
(2) The school teaches courses of study which are sufficient to qualify attendance there as compliance with state compulsory education requirements.
B. COMMERCIALSchools or institutions which are commercial or profit-oriented. Examples thereof are dancing, music, riding, and correspondence, aquatic schools, driving or business.
SERVICE DROPAny utility line extension which does not cross or run beneath any portion of a water body, provided that:
A. In the case of electric service:
(1) 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
(2) The total length of the extension is less than 1,000 feet.
B. In the case of telephone service:
(1) The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or
(2) The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.
SETBACKThe horizontal distance from a lot line to the nearest part of a structure.
SIGNSA name, identification, description, display, notification or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel or lot and which relates to an object, product, place, activity, person, institution, organization or business on the premises.
SIGN, EXTERNALLY ILLUMINATEDA sign that is illuminated by a light source that is not contained within or on the surface of the sign itself.
[Added 11-22-2016]
SIGN, INTERIORAny temporary or permanent sign located more than three feet from the window glass on any part of any building and which is not visible from the outside of the building.
[Added 11-22-2016]
SIGN, INTERNALLY ILLUMINATEDA sign that is illuminated by light from a source within the sign. Examples of internally illuminated signs include internally illuminated translucent signs, which may have opaque surfaces with translucent letters or translucent surfaces with opaque letters and channel letter signs. Other types of internally illuminated signs include signs using luminous gas-filled tubes (e.g., neon) or light-emitting diodes (LED).
[Added 11-22-2016]
SIGN, WINDOWAny temporary or permanent sign affixed to the surface of the window glass on any part of any building or any sign which is within three feet of the window glass and which is visible from the outside of the building shall be considered a window sign even though it may not be affixed directly to the glass. Window displays of actual products or merchandise for sale or rent on the business premises shall not be considered interior signs.
[Added 11-22-2016]
SLUDGE SPREADINGThe land application of a mixture of organic and residual materials produced by industrial processes, water or sewage treatment processes or domestic septic tanks.
SOLAR ARRAY [GROUND-MOUNTED or STRUCTURE-MOUNTED SOLAR PANEL(S)]Nothing shall preclude an individual residence or individual business from installing solar on the residential or business structure on the land associated with said structure to be able to benefit the property owner with solar assistance for electrical power, provided that all local and state permits have been obtained.
[Added 2-14-2023]
SOLID WASTEUseless, unwanted or discarded solid material with insufficient liquid or gaseous content to be free-flowing, including, by way of example and not limitation, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse, but not including septic tank sludge, other liquid waste treatment sludge and agricultural waste.
SOUND LEVELThe sound pressure level measured to decibels with a sound level meter set for A-weighting. Sound level is expressed in dB(A).
SOUND LEVEL METERAn instrument for the measurement of sound levels conforming to American National Standards Institute Type I or II Standards.
SOUND PRESSURE LEVELThe level of a sound measured in dB units with a sound level meter which has a uniform (flat) response over the band of frequencies measured.
STANDINGThe legal right to challenge a decision rendered under this chapter. In order to have standing, a person must demonstrate particularized injury from the challenged decision.
STORAGEThe collection and/or containment of solid waste on a temporary basis pending permanent disposal.
STREETAn existing state, county or Town way, road or a street dedicated for public use and shown upon a plan duly approved by the Planning Board and recorded in the York County Registry of Deeds or a street dedicated for public use and shown on a plan duly recorded in the York County Registry of Deeds prior to the establishment of the Planning Board and the grant to the Planning Board of its power to approve plans or a private road. (See definition of Private Road.) The term "street" shall not include those ways which have been discontinued or abandoned.
[Amended 4-14-2015]
STRUCTURAL MODIFICATIONSAny change involving the removal or replacement of supporting members of a building, such as posts, columns, plates, joists or girders.
STRUCTUREAnything constructed or erected, the use of which requires a fixed location on or in the ground or an attachment to something having a fixed location on the ground, including buildings, billboards, signs, commercial park rides and games, carports, porches and other building features, but not including fences.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or for any alteration a structure listed on the National Register of Historic Places or a State Inventory of Historical Places.
SUBSTANTIAL STARTCompletion of 30% of a permitted structure or use measured as a percentage of estimated total cost.
SWIMMING POOLA man-made receptacle or excavation designed to hold water to a depth of at least 24 inches, primarily for swimming or bathing, whether in the ground or above the ground.
TEMPORARY STORAGE FACILITIESA structure without a permanent foundation capable of providing shelter to anything placed on, in or under the structure, including but not limited to tents and trailers. Specifically excluded are pole barns used to shelter farm animals and/or farm equipment.
TIMBER HARVESTERA person, company, or other entity who harvests, or contracts to harvest, a forest product.
TIMBER HARVESTINGThe cutting or removing of timber for the primary purpose of selling or processing forest products. "Timber harvesting" does not include the clearing of land for approved construction.
TRANSMISSION TOWERA structure used commercially for transmitting and/or receiving radio, television or electrical waves but not including telephone and electrical poles.
UNDUE HARDSHIPA. That the land in question cannot yield a reasonable return unless a variance is granted.
B. That the need for a variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood.
C. That the granting of a variance will not alter the essential character of the locality.
D. That the hardship is not the result of action taken by the applicant or a prior owner.
VARIANCEA relaxation of the terms of this chapter. Variances permissible under this chapter are limited to dimensional and area requirement. No variance shall be granted for the establishment of any use otherwise prohibited, nor shall a variance be granted because of the presence of nonconformities in the immediate or adjacent areas.
VEHICLE SALESAny business which involves a parking or display area for the sale of new or used cars, trucks, motorcycles, campers, farm equipment, recreational vehicles, mobile homes or similar products.
VERMINAnimals, birds or insects capable or acting as a host for, or carrier of, germs.
VETERINARY HOSPITAL OR CLINICA building used for the diagnosis, care and treatment of ailing or injured animals, which may include overnight accommodations. The boarding of healthy animals shall be considered a kennel.
VOLUME OF A STRUCTUREThe 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.
WAREHOUSEA structure or room for the storage, deposit or stocking of merchandise or commodities.
WHOLESALE DISTRIBUTIONOn-premises storage, repacking, sale and/or distribution of goods to customers engaged in the business of reselling or conveying the goods to others. This definition shall not include the sale and/or distribution of commodities to consumers on a retail basis.
YARDThe area of land on a lot not occupied by the principal building.
YARD, FRONTThe area of land between the front lot line and the nearest part of the principal building.
YARD, REARThe area of land between the rear lot line and the nearest part of the principal building.
YARD SALEThe activity of selling or offering to sell household or personal articles (such as, but not limited to, furniture, tools, or clothing) on the lot on which the owner of the articles resides, provided that such activity occurs on no more than twelve days during any calendar year commencing on or after January 1, 1994. Any such activity occurring on more than twelve days per calendar year shall constitute a retail store. Any such activity commenced prior to the adoption of this chapter (10-25-1993) shall not constitute a lawful nonconforming use under §
140-5 of this chapter and can occur only as permitted pursuant to this definition. The term "yard sale" shall include garage sales, porch sales, tag sales, and the like.
YARD, SIDEThe area of land between the side lot line and the nearest part of the principal building.