[Amended 11-21-2023 by Ord. No. 179-2023; 10-15-2024 by Ord. No. 179-2024; 5-20-2025 by Ord. No. 101-2025; 7-17-2025 by Ord. No. 116-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ABUTTEROne whose property abuts, is contiguous to or joins at a border or boundary, including the property across the street, road, public way or private way.
ACCESSORY BUILDING OR STRUCTUREA building or structure on the same lot with and of a nature customarily subordinate to the principal building or structure. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.
ACCESSORY DWELLING UNITA self-contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land. An accessory dwelling unit must contain a minimum of 190 square feet and a maximum of 700 square feet.
ACCESSORY USEAccessory uses, when aggregated, shall not subordinate the principal use of the lot. The term "accessory use" shall include and apply only to the following:
A. A subordinate use of land or buildings which is customarily incidental to the main building or to the principal use of the land and which is located on the same lot with the principal building or use.
B. Required off-street parking: See §
275-4.23 of this chapter.
AFFORDABLE HOUSING DEVELOPMENTA. 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, "majority" means more than half of proposed and existing units on the same lot.
D. For purposes of this definition, "housing costs" include, but are not limited to:
(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.
AGGRIEVED PERSON OR PARTYA person who suffers a particularized injury as a result of the grant or denial of a permit, approval or variance under this chapter.
AGRICULTUREThe cultivation of soil for the production or raising of food, crops or other valuable or useful products, including commercial gardening and the growing of nursery stock, but not including any agricultural industry such as fruit or poultry processing plants or fur farms. "Agriculture" does not include forest management and timber harvesting activities.
ALTERATIONA change, addition or modification requiring construction, including any change in the location of the structural members of buildings such as bearing walls, columns, beams or girders, but not including cosmetic or decorative changes.
AMUSEMENT CENTERAny private, commercial premises which are maintained or operated primarily for the amusement, patronage or recreation of the public containing four or more table sports, pinball machines, video games or similar mechanical or electronic games, whether activated by coins, tokens or discs, or whether activated through remote control by the management.
ANIMAL HUSBANDRYKeeping and raising of animals for sale or for any commercial use. See §
275-4.5, Animal husbandry and boarding kennels.
AQUACULTUREThe growing or propagation of harvestable freshwater, estuarine or marine plant or animal species.
AREA MEDIAN INCOMEThe midpoint of a region's income distribution calculated on an annual basis by the U.S. Department of Housing and Urban Development.
AUTHORIZED AGENTAnyone having written authorization to act on behalf of a property owner, signed by the property owner.
AUTO REPAIR GARAGEA place where, with or without the attendant sale of engine fuels, the following services may be carried out: general repair and equipping, 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, or hiring, selling or storing of motor vehicles.
AUTO SERVICE STATIONA. A building and premises where gasoline or any other automobile engine fuel, kerosene, or motor oil and lubricants or grease (for operation of motor vehicles), batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made and no other:
(1) Sales and servicing of spark plugs, batteries, distributors and distributor parts;
(2) Tire servicing and repair, but not recapping or regrooving;
(3) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers, and wiper blades, grease retainers, wheel bearings, mirrors and the like;
(4) Radiator cleaning and flushing;
(5) Washing and polishing inside an enclosed building and sale of automotive washing and polishing equipment;
(6) Greasing and lubrication;
(7) Providing and repairing fuel pumps, oil pumps and lines;
(8) Minor servicing and repair of carburetors;
(9) Emergency wiring repairs;
(10) Adjusting and repairing brakes;
(12) Sales of cold drinks, packaged foods and similar convenience goods for auto service station customers, as accessory and incidental to the principal operation.
B. Uses permissible at auto service stations do not include major body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in auto service stations.
C. An auto service station is not a repair garage or a body shop. See §
275-4.6, Automobile businesses.
AUTOMOBILE BUSINESSAuto repair garages, auto service stations, car washes, machinery repair, auto sales, farm machinery sales and service, house trailer sales and similar activities. See §
275-4.6, Automobile businesses.
AUTOMOBILE OR MOTOR VEHICLE WRECKING OR JUNKYARD OR GRAVEYARDAn open outside area occupied by two or more unregistered, unserviceable, discarded or junked automotive vehicles or bodies, engines or their parts sufficient in bulk to equal two vehicles, including all vehicles which cannot pass the state inspection test in their existing condition or which are otherwise inoperable. This definition includes the commercial salvaging of any other goods or merchandise, but excludes temporary storage by an establishment or place of business which is engaged primarily in doing auto repair work for the purpose of making repairs to render a motor vehicle serviceable.
BASAL AREAThe area of cross-section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.
BASE FLOODA flood having a 1% chance of being equaled or exceeded in any given year, alternatively referred to as the "100-year flood."
BASEMENTAny 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.
BILLBOARDA structure, either freestanding or affixed to a building, the surface of which is for hire for advertising purposes.
BOARDING KENNELAny place, building, tract of land, abode or vehicle wherein or whereon privately owned dogs or other household pets, or both, are kept for their owners in return for a fee. This definition includes the temporary keeping of animals for grooming purposes in return for a fee and animal shelters for lost or stray animals. This definition does not apply to dogs or cats under the age of six months. See §
275-4.5, Animal husbandry and boarding kennels.
BOAT LAUNCHING FACILITYA 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.
BODY FEETThe length or width of a manufactured housing unit, excluding the hitch, overhangs, eaves, or porches.
BUILDINGAny structure and its attachments, such as decks, breezeways and porches, having a roof supported by columns or walls for the housing, shelter or enclosure of persons, animals or property of any kind. Buildings separated only by party walls or abutting walls without openings shall be deemed to be separate buildings.
BUILDING HEIGHTThe vertical height from the sidewalk or finished grade at the center of the front of the building to the highest portion of the roof surface, if a flat roof, to the deck line for mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
BUSINESS SERVICEA service including, by way of example: advertising, credit reporting and collection, mailing and reproduction services, services to buildings, personnel supply services, computer and data processing services, management and public relations, similar services to businesses, and the business offices of corporations or firms. A commercial activity which renders a service performed on the customer's property where a business is the end use, and which involves no retail sales upon the premises.
CLUSTER DEVELOPMENT; PLANNED UNIT DEVELOPMENTA form of development which allows the developer flexibility in subdivision and housing design, including use of detached or attached single-family, two-family and/or multifamily dwellings, in return for setting aside a portion of the tract of land as permanent open space, in accordance with the performance standards of this chapter. All cluster developments are subject to the provisions of Chapter
244, Subdivision of Land; Site Plan Review, of the City Code.
COMMERCIAL RECREATION, INDOORA business establishment providing indoor recreational facilities such as, but not limited to, bowling alleys, skating rinks, swimming pools, tennis or racketball courts, but not including amusement centers.
COMMERCIAL RECREATION, OUTDOORA business establishment providing outdoor recreational facilities such as, but not limited to, golf courses, tennis courts, swimming pools, ice skating rinks or riding stables, but not including campgrounds.
COMMERCIAL USEThe use of lands, buildings or structures, other than home occupations as defined below, the intent and result of which is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.
COMMUNITY LIVING ARRANGEMENTSA housing facility for eight or fewer persons with disabilities, that is approved, authorized, certified or licensed by the state. A community living arrangement may include a group home, foster home or intermediate-care facility. "Disability" has the same meaning as the term "handicap" in the Federal Fair Housing Act, 42 U.S.C. § 3602.
COMMUNITY SERVICE FACILITYA governmental or public service use for the general benefit of the citizens funded in whole or in part by the City of Waterville or quasi-public organization, including by way of illustration and without limitation, municipal buildings, schools, public parks, and recreational facilities, fire stations, ambulance service and sewage treatment plants.
CONGREGATE HOUSINGResidential housing consisting of private apartments and central dining facilities and within which a congregate housing supportive services program serves functionally impaired elderly occupants who are unable to live independently, yet do not require the constant supervision or intensive health care available at intermediate-care or skilled nursing facilities. For purposes of this chapter, congregate housing includes only those facilities which have been certified by the State of Maine as meeting all certification standards and guidelines for congregate housing facilities as promulgated by the Department of Human Services pursuant to the provisions of Maine State Statutes.
CONVENIENCE STOREA retail establishment which accommodates neighborhood needs for groceries and sundries and which may sell, as accessory uses, prepared food for carry-out.
DWELLING UNIT, RESIDENTIALA 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 includes manufactured housing as defined and rental units that contain cooking, sleeping and toilet facilities regardless of the time period rented. Recreational vehicles are not residential dwelling units. (This definition is from the Guidelines for Municipal Shoreland Zoning Ordinances.)
DWELLING, MULTIFAMILYA dwelling or group of dwellings in one structure designed for or occupied by three or more families living independently of one another, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILYA residential dwelling unit designed for and occupied by one family only. "Single-family dwelling" includes modular housing.
DWELLING, TWO-FAMILYA residential building used or intended to be used by not more than two families living independently of one another.
EMERGENCY OPERATIONSOperations conducted for the public health, safety or general welfare, such as, but not limited to, protection of resources from immediate destruction or loss, law enforcement and operations to rescue human beings and livestock from the threat of destruction or injury.
ESSENTIAL SERVICESFacilities for the transmission or distribution of water, gas, electricity or communications or for the collection, treatment or disposal of wastes, including, without limitation, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories, but not buildings. The provisions of this chapter apply to those buildings and structures located outside of public rights-of-way, but do not apply to facilities, either above- or below ground, lying wholly within public rights-of-way.
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 one or more months to the operating season, or the use of more floor area or ground area devoted to a particular use.
FAMILYOne or more persons occupying a dwelling unit and living as a single housekeeping unit.
FARM STANDA roadside stand not exceeding 400 square feet in floor area selling only farm, garden, greenhouse or nursery products and, between Labor Day and Christmas, Christmas trees, garlands, wreaths and wreath materials.
FINANCIAL SERVICEA service including banking, wealth management, financial consulting and planning, credit agencies, security and commodity brokers, insurance, real estate, accounting and auditing offices.
FIRE WALLA wall of noncombustible construction, capable of resisting the spread of fire.
FLOODPLAINThe lands adjacent to a body of water which have been or may be covered by the base flood.
FLOODWAYThe channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot in height.
FLOOR AREAThe sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.
FOUNDATIONThe supporting substructure of a building or other structure, including but not limited to basements, slabs, sills, posts or frost walls.
FRONTAGE, ROADThe linear distance measured along the front lot line which separates a lot from a public street or a private road approved in accordance with §
275-4.24.
FRONTAGE, SHOREThe horizontal distance, measured in a straight line, between the intersections of the side lot lines of the lot with the shoreline at the normal high water line.
FROST WALLA masonry foundation wall extending below the ground surface, supported by footings located below the frost line to protect structures from frost heaves.
FUNCTIONALLY WATER-DEPENDENT USESThose uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and that cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities (excluding recreational boat storage buildings), finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, retaining walls, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that can not reasonably be located or operated at an inland site, and uses that primarily provide general public access to inland waters.
GROUND COVERSmall plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.
HEIGHT OF A STRUCTUREThe 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 which have no floor area.
HIGH WATER LINE OR ELEVATION, NORMALThat line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers that support nonforested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river during the period of normal high water are considered part of the river.
HOTEL OR MOTELA commercial building or group of buildings built to accommodate, for a fee, travelers and other transient guests who are staying for a limited duration, with sleeping rooms, with or without cooking facilities, each rental unit having its own private bathroom and its own separate entrance leading either to the outdoors or to a common corridor or hallway. A hotel or motel may include restaurant facilities where food is prepared and meals served to its guests and other customers.
HOUSEHOLD PETSThose animals normally considered as household companions, but not including horses, cows, sheep, goats, mink, swine, chickens, turkeys or any animals raised for sale or for the sale of their products.
INCREASE IN NONCONFORMITY OF A STRUCTUREAny change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity, such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally, provided that the expansion extends no closer to the water body, tributary stream or wetland than the closest portion of the existing structure from that water body, tributary stream or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures.
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 a gravel pad, parking area, fireplace or tent platform.
INDUSTRIALConnected with the assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.
INSTITUTIONALRelated to some public, governmental, educational, charitable, religious, medical or similar purpose.
LOTA recorded parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. To be buildable, lots must have frontage on an improved and accepted public street or on an approved and constructed private road.
LOT LINESA. FRONTThe line separating any lot from a street or streets. A regularly shaped corner lot has two fronts.
B. REARA lot line which is opposite and most distant from the front lot line. In the case of a triangular or irregularly shaped lot, a line 10 feet long within the lot, parallel to and farthest from the front lot line. Notwithstanding the above, a corner lot may satisfy the less restrictive side setback requirement rather than the rear setback requirement. All front setback and lot coverage requirements apply.
C. SIDEAny lot line not a front or rear lot line.
LOT MEASUREMENTSA. LOT FRONTAGESee "frontage, road" and "lot lines, front." The front of a lot is the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered "frontage" and yards shall be provided as indicated under "yards" in this section.
B. LOT DEPTHThe depth of a lot is the distance between the midpoints of two straight lines, one line connecting the foremost points of the side lot lines in front and the other line connecting the rearmost points of the side lots lines in the rear. See the definition of "lot line, rear" above.
C. LOT WIDTH, MINIMUMThe closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines are side lot lines.
D. LOT AREAThe total horizontal area within the lot lines as measured on a horizontal plane.
E. LOT AREA, MINIMUMThe lot area, less the area of any land subject to rights-of-way or easements, other than utility easements serving the lot, and also excluding lands which are below the normal high water line or which are covered with water for at least three months per year.
F. LOT COVERAGEThe percentage of the lot covered by structures. However, in the shoreland zone, "lot coverage" is the percentage of the lot with unvegetated surfaces.
G. YARD, FRONTA yard adjoining the front lot line, extending between the side lot lines across the full width of a lot between the principal building and the street.
H. YARD, REARA required yard adjoining the rear lot line extending across the full width of the lot behind the principal building.
I. YARD, SIDEA yard adjoining a side lot line extending from the front to the rear yard as required by district regulations.
LOT STATUSA. LOT OF RECORDLand designated as a separate and distinct parcel in a legally recorded deed and plan filed in the Kennebec County Registry of Deeds.
B. LOT, LEGAL NONCONFORMINGA single lot of record which, at the effective date of adoption or amendment of this chapter, does not meet the lot area, lot area per dwelling unit, lot coverage, frontage or other dimensional requirements of the district in which it is located. It is allowed solely because it was in lawful existence at the time that Ordinance No. 2-1971 or subsequent amendments took effect.
LOT TYPESA. LOT, CORNERA lot with at least two contiguous sides abutting a street or private road. A regularly shaped corner lot has two front yards and two rear yards. A corner lot, however, may satisfy the less restrictive side setback requirements rather than the rear setback requirements. All front setback and lot coverage requirements apply.
MANUFACTURED HOUSINGA. A 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 where it is used for housing. It may be purchased or sold by a dealer in the interim.
B. For purposes of this section, the following four types of manufactured housing are included:
(1) Units constructed after June 15, 1976, commonly called "newer mobile homes," that the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development (HUD) standards, meaning structures transportable in one or more sections, that in the traveling mode are eight body feet or more in width and 40 body feet or more in length or, when erected on site, are 320 or more square feet, and that are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air conditioning or electrical systems contained in the unit.
(2) Any structure that meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. [This includes single-wide and double-wide mobile homes for which HUD has granted an exception to its size requirements. Those homes are built on a permanent steel chassis and can be installed on either a floating slab or a full basement depending upon the design of the chassis or basement.]
(3) Pre-HUD-code homes, units constructed on or before June 15, 1976, commonly called "older mobile homes," which are:
(a) Transportable in one or more sections eight body feet or more in width and 32 body feet or more in length;
(b) Built on a permanent chassis;
(c) Designed to be used as dwellings, with or without permanent foundations; and
(d) Connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein. [PL 2005, c.344, § 4 (AMD)]
(4) Units commonly called "modular homes" that the manufacturer certifies are constructed in compliance with Title 10, chapter 951, and rules adopted under that chapter, meaning structures, transportable in one or more sections, that are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained in the unit. [PL 2023, c. 117, § 1 (AMD)]
MARINAA business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, bait and tackle shops and marine fuel service facilities.
MARKET VALUEThe estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
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.
MINOR WATERWAYExcluding rivers and streams, as defined, a channel between defined banks, including the floodway and associated floodplain wetlands, where the channel is created by the action of surface water and characterized by the lack of upland vegetation or the presence of aquatic vegetation. The surface water may be intermittent or perennial. See Maine Department of Environmental Protection (DEP) regulations pursuant to the Natural Resources Protection Act.
MOBILE HOME PARKA parcel of land under unified ownership approved by the Planning Board for the placement of three or more manufactured homes. [PL 1989, c. 104, Pt. A, § 45 (NEW); PL 1989, c. 104, Pt. C, § 10 (NEW); PL 1989, c. 506, § 1 (AMD)] Mobile home parks are subject to the requirements of §
275-4.19 of this chapter.
MOBILE HOME PARK LOTThe area of land on which an individual home is situated within a mobile home park and which is reserved for use by the occupants of that home. [PL 1989, c. 506, § 2 (NEW)]
MOBILE HOME SUBDIVISION OR DEVELOPMENTA parcel of land approved by the Planning Board under Chapter
244, Subdivision of Land; Site Plan Review, of the City Code for the placement of manufactured houses on individually owned lots. [PL 1989, c. 104, Pt. A, § 45 (NEW); PL 1989, c. 104, Pt. C, § 10 (NEW)] Lots must conform to the dimensional requirements of the zone in which they are located.
NATIVEIndigenous to the local forests.
NET RESIDENTIAL AREAThe area available for development, excluding the area for streets or access and the areas which are unsuitable for development as provided for in performance standards for the City of Waterville.
NONCONFORMING STRUCTUREA structure which does not meet any one or more of the following dimensional requirements: setback, height or lot coverage, but which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendments took effect.
NONCONFORMING USEUse of buildings, structures, premises, land or parts thereof which is not allowed 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 effect.
NONCONFORMING, LEGALAny lot, use of land or building legally in existence at the time that Ordinance No. 2-1971 or subsequent amendments took effect, which does not conform to the provisions of this chapter. (See also "lot status.")
NURSERY SCHOOLA school offering an educational program, or a limited educational program, to children who are ineligible to attend pre-primary or kindergarten classes as offered by either the public or private school systems in the City.
OPEN SPACEA. Any area of land, the preservation or restriction of the use of which would conserve scenic resources, enhance public recreation opportunities, promote game management or preserve wildlife.
B. The portion of a lot or site which is maintained in its natural state or planted with grass, shrubs, trees or other vegetation and which is not occupied by buildings, structures or other impervious surfaces such as parking.
OUTDOOR RECREATION FACILITIESNon-commercially operated recreation facilities open to the general public, including, but not limited to, playgrounds, parks, monuments, green strips, open space, mini-parks, athletic fields, boat launching ramps, piers and docks, picnic grounds, swimming pools and wildlife and nature preserves, along with any necessary accessory facilities, rest rooms, bath houses and the maintenance of such land and facilities. The term does not include campgrounds or commercial recreation and amusement centers as defined elsewhere in this chapter.
PERMANENT FOUNDATIONA. For "newer mobile homes," a foundation that conforms to the installation standards established by the Manufactured Housing Board; or
B. For "modular homes," a foundation that conforms to the Maine Uniform Building and Energy Code (MUBEC) as amended from time to time.
PERMANENT STRUCTURESStructures which remain in or over the water for seven months or more in any period of 12 consecutive months. Examples include: piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high water line or within a wetland.
PERSONAn individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest or other legal entity.
PERSONAL SERVICEA service including laundry and cleaning services, photography studios, shoe repair shops, funeral homes and similar services to the general public.
PITCHED, SHINGLED ROOFA roof with a pitch of two or more vertical units for every 12 horizontal units of measurement and which is covered with asphalt or fiberglass composition shingles or other materials, but specifically excludes corrugated metal roofing material. [PL 1989, c. 104, Pt. A, § 45 (NEW); PL 1989, c. 104, Pt. C, § 10 (NEW)] [PL 2023, c.117, § 1 (AMD)]
PRINCIPAL USEThe primary use to which the premises are devoted or for which the premises are arranged, designed or intended to be used.
PROFESSIONAL OFFICEA structure or space which houses the business office of a person or persons who supply a professional service other than a business service or a personal service, as defined in this chapter. Real estate, dental, medical and financial service offices are permitted.
PUBLIC SERVICE FACILITYPublic service facilities include public parks, recreation areas and community centers; public utilities, including water supply areas, radio, television and telephone service, and electric power service.
QUASI-MUNICIPAL FACILITYA facility for a recognized public purpose, such as an auditorium, library, park or museum which is operated by a not-for-profit organization or by a public agency other than the municipality.
QUASI-MUNICIPAL SERVICESIncludes, but is not necessarily limited to, the Kennebec Water District, the Waterville Sewerage District and the Kennebec Sanitary Treatment District.
RECENT FLOODPLAIN SOILSInclude the following soils as described and identified by the National Cooperative Soil Survey: alluvial land, Hadley silt loam, Limerick silt loam, Ondawa fine sandy loam, Podunk fine sandy loam, Rumney fine sandy loam, Saco silt loam, Suncock loamy sand and Winooski silt loam.
RECHARGE AREAAny area composed of porous sand and/or gravel or other areas that collect precipitation or surface water and carry it to aquifers.
RECONSTRUCTIONThe restoration, remodeling or rebuilding of a nonconforming structure, whether necessitated by deterioration, obsolescence, casualty or other occurrence, where the costs of such work equal or exceed the value of the property in its existing condition. In determining the total cost of such work, the costs of all work other than repair performed within the preceding five years or since the effective date of this chapter, whichever period is shorter, shall be taken into account.
RECREATIONAL VEHICLEA vehicle or vehicular attachment which is designed for temporary sleeping or living quarters for one or more persons and which is not a dwelling. The term may include, but is not limited to, pickup campers, travel trailers, tent trailers, motor homes or converted vans or trucks. In order to be considered a vehicle and not a structure subject to the building code or Federal Manufactured Housing Standards, the unit must remain with its tires on the ground and must be roadworthy (i.e., possess a current registration sticker from any state division of motor vehicles).
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.
RIVERA free-flowing body of water, including its associated floodplain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
ROADA route or track consisting of a bed of exposed mineral soil, gravel, asphalt or other surfacing material constructed for or created by a repeated passage of motorized vehicles, excluding driveways as defined.
SCHOOLAn institution for education or instruction, including a college, university, and public or private school conducting classes pursuant to a program approved by the State Board of Education or similar governmental agency. This definition does not include commercially operated schools such as schools of beauty culture, business, dancing, driving, music or recreation, which are commercial establishments.
SERVICE ESTABLISHMENTThe offering within a building or on the premises of services to persons or property, excluding automobile business uses, and also excluding any other use which by nature of noise, odor, or as a heavy generator of traffic, would be detrimental to the immediate neighborhood. The sale of goods is permitted only when incidental to the providing of services. The following are examples of service establishments: barbershops, beauty parlors, clothes pressing and tailor shops, laundries, repair shops, hotels, motels, restaurants (including establishments which primarily prepare and serve food), taverns, bowling centers, miniature golf and pool rooms, financial institutions, banks and insurance companies.
SETBACKThe minimum horizontal distance from a street or property line to the nearest part of a structure.
SHOPPING CENTERA complex of buildings where multiple commercial uses share parking. Shopping centers may include apartments above the ground floor level.
SHORE FRONTAGEThe length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at normal high water elevation.
SHORELANDAll land areas within 250 feet, horizontal distance, of the normal high water line of the Kennebec River and the Messalonskee Stream; within 75 feet, horizontal distance, of the normal high water line of streams as defined; and within 25 feet, horizontal distance, of the normal high water line of minor waterways designated on the Shoreland Zoning Appendix to the Official Zoning Map or as defined.
SHORELAND ACRE43,560 square feet of land located between the normal high water line and a distance of 250 feet, measured horizontally, from the normal high water line and paralleling the shoreline. [Note: 43,560 square feet = 250' X 174.24'. Nevertheless, the minimum shore frontage required is 200 feet. See §
275-4.27J(1).]
SOLAR FARMA ground-mounted solar energy conversion facility occupying 1,750 square feet or more of surface area.
SPECIAL EXCEPTIONA use which is allowed subject to the approval of the Code Enforcement Officer. In order to approve the use, the Code Enforcement Officer must find that it meets all applicable performance standards.
SPECIAL EXCEPTION PERMITA permit authorized and issued by the Code Enforcement Officer for a special exception use. Any special exception permit shall be considered valid and shall exist for so long as that particular property owner continues to operate the specific special exception use and remains in compliance with all of the provisions of this chapter. Cessation of the special exception use by that particular property owner for any reason or the sale of the property by the owner to whom the permit was issued will cause the permit to expire.
STREAMA free-flowing body of water from the confluence of two perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5-minute series topographic map or, if not available, a fifteen-minute series topographic map, to the point where the body of water flows to another water body within the shoreland zone.
STREETAn existing state, county, or City way or a road dedicated for public use and shown upon a subdivision plan duly approved by the Planning Board, accepted by the City Council and recorded in the Kennebec County Registry of Deeds. The term "street" also includes a road dedicated for public use, built and accepted by the City Council and shown on a plan duly recorded in the Kennebec County Registry of Deeds prior to the establishment of the Planning Board. The term "street" does not include ways which have been discontinued, vacated or abandoned.
STRIP MALLA type of shopping center where two or more commercial uses in a long, narrow building share parking. Strip malls may include apartments above the ground floor level.
STRUCTURAL ALTERATIONSChanges in supporting members of a building, such as supporting walls, beams, columns and 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, but not limited to, buildings, amusement park rides and games, satellite receiving dishes, carports, decks, porches and other building features, but not including signs, sidewalks, fences, driveways and parking lots.
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 had 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 ensure safe living conditions or for any alteration of a structure listed on the National Register of Historic Places or a state or local inventory of historical places.
SUSTAINED SLOPEA change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
TIMBER HARVESTINGThe cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees is regulated pursuant to §
275-4.27H(5), Clearing or removal of vegetation for activities other than timber harvesting.
TRIBUTARY STREAMA channel between defined banks created by the action of surface water, whether intermittent or perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing waterborne deposits or exposed soil, parent material or bedrock, and which flows to a water body. 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.
USEThe purpose for which land or building or structure or a part thereof is arranged, designed, intended, occupied or maintained.
USED MERCHANDISE SALESThis term refers to so-called "garage sale businesses," which may be described as the indoor or outdoor sale of used articles, conducted for more than three consecutive days or for more than two weekends during the period May 1 through September 30. This term shall include extended yard sales, but shall not include flea markets, or shops for secondhand clothing or secondhand books. Used merchandise sales shall require a permit, which shall be conditional upon the provision of adequate off-street parking. See definition of "yard sale" herein.
VARIANCEA relaxation of the terms of this zoning ordinance where, owing to circumstances or conditions peculiar to the individual property but not generally to land and buildings in the same district, and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of a claimed financial hardship or because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. See §
275-6.2E(4), Variances.
VEGETATIONAll 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.
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.
WATER BODYThe Kennebec River, the Messalonskee Stream and streams as defined.
WATER CROSSINGAny project extending from one bank to the opposite bank of a river, stream or tributary stream, whether under, through or over the water. Such projects include but are not limited to roads, fords, bridges, culverts, water lines, sewer lines and cables, as well as maintenance work on these crossings.
WETLANDAny swamps, marshes, bogs and similar areas.
A. Wetlands are areas inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.
B. For the purposes of the Resource Protection District, "wetland" means the above and areas of two or more contiguous acres of forested wetland within the shoreland zone of the Kennebec River or the Messalonskee Stream designated on the Shoreland Zoning Appendix to the Official Zoning Map.
C. Wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
D. This definition of freshwater wetlands is the one referred to in Chapter
244, Subdivision of Land; Site Plan Review, §
244-7.3C and §
244-8.2B(16), of the City Code.
YARD SALEIncludes so-called garage sales, porch sales, tag sales and the like. Unless they occur on more than three consecutive days within 60 days, they shall not be considered to be "used merchandise sales" as defined in this chapter and shall not require a permit.